Terms and Conditions

Article 1. Scope

1.1. These general terms and conditions apply to all products and services offered by Sectricity BV. Every quotation and invoice refers to these terms and conditions. By accepting the quotation or invoice, the customer acknowledges having read and agreed to these terms and conditions.

1.2. Deviations from these general terms and conditions are only valid if explicitly agreed upon and stated in the agreement.

1.3. By accepting these general (sales) terms and conditions, the buyer waives its general (purchase) terms and conditions.

Article 2. Quotation and agreement

2.1. The quotations issued by Sectricity BV are valid for 30 days (or as otherwise specified in the quotation); thereafter, they are purely informational.

2.2. All stated prices are net prices, excluding VAT. All taxes, duties, and charges due at the time of (delivery) or thereafter shall be borne by the customer.

2.3. The quotation applies solely to the assignment as specified and does not constitute any commitment for future assignments.

2.4. An agreement is only established after the quotation has been accepted by the customer.

2.5. These terms and conditions remain valid only if the purchase order explicitly refers to the quotation. Otherwise, the provisions of the agreement take precedence.

Article 3. Deadlines and additional work

3.1. The execution periods provided by Sectricity BV are for informational purposes only. Exceeding these periods does not entitle the client to compensation or termination of the agreement.

3.2. If a fixed price has been agreed upon with the client, it will only apply to the activities and services specified in the agreement. Additional tasks and services fall outside the scope of the agreement and will automatically be charged to the client.

3.3. The following circumstances may lead to additional work:

• Expansion or modification of the original assignment after it has been approved by the client;
• Requirements, wishes, conditions, or expectations of the client that were not communicated to Sectricity BV at the time of the agreement, or not communicated clearly;
• Defects and shortcomings in products or services from third parties, which could not reasonably have been foreseen by Sectricity BV or over which Sectricity BV has little or no control;
• Insufficient cooperation from the client in the execution of the agreement. Depending on the impact of the requested changes, this may result in a revision of the agreement.

Article 4. Terms of payment

4.1. All invoices must be paid via bank transfer to the account number specified on the invoice.

4.2. Unless otherwise stated on the invoice, a payment term of 30 days applies.

4.3. Any complaints must be communicated within eight days of receiving the invoice, either by email or registered mail.

4.4. In the event of non-payment or late payment of the amounts owed by the customer, Sectricity BV reserves the right to suspend its services until the outstanding debt is settled. In this case, the customer cannot claim any damages.

4.5. In case of non-payment on the due date, interest of 12% per year on the total invoice amount will automatically and without prior notice apply.

4.6. If one or more payments remain unsettled within 15 days after the due date, a right to compensation will automatically and without prior notice arise. The unpaid amount will be increased by a fixed surcharge of 12%, with a minimum of €250. This surcharge is justified due to the inconvenience, difficulties, correspondence costs, time lost, accounting complications, and the inability to use the unpaid amount.

4.7. Until the buyer has fully and definitively paid, Sectricity BV retains full ownership of the products and services. However, all risks are borne by the customer.

4.8. A training, lecture, escape room, or related services must always be paid for before the start. In case of non-payment before the start of the training, Sectricity BV reserves the right to deny participants access to the session or cancel the session.

4.9. A training, lecture, escape room, or related services can only be cancelled free of charge up to 10 days before the start. Cancellations must always be made in writing, i.e., via email or registered mail. After this period, any cancellation will be considered late, and full payment will remain due.

Article 5. Other provisions

5.1. Both Sectricity BV and the customer accept electronic communication (e.g., email) as evidence.

5.2. Any complaints must be communicated by email or registered mail within eight days of receiving the invoice. After this period, objections will no longer be considered.

5.3. Participation in training sessions and arrangements organized by Sectricity BV (or suppliers and subcontractors of Sectricity BV) is at the participant's own risk. Sectricity BV accepts no liability for damage or injury resulting from accidents, loss, or theft incurred by participants during the training sessions or arrangements.

5.4. If one or more provisions of these terms and conditions are deemed inapplicable, the remaining provisions shall remain fully enforceable. The rights and obligations arising from the agreement between Sectricity BV and the customer may not be transferred, either partially or entirely, without prior written consent from Sectricity BV.

5.5. Belgian law applies to all agreements. Any disputes shall fall under the jurisdiction of the district of Ghent and the judicial arrondissement of Ghent.

Additional conditions related to infrastructure and services

Article 1. Terms of Use

1.1. The customer shall refrain from using or causing the services to be used for unlawful acts, committing criminal offences, and/or acts that violate these user terms or the general terms and conditions.

1.2. The customer may not employ processes or actions that they could reasonably suspect would hinder Sectricity BV and/or customers of Sectricity BV, or adversely affect the use of services.

1.3. The customer is responsible and liable for any use of the provided services, including but not limited to the confidentiality and use of their access codes, email addresses, copyrighted material, etc.

1.4. The infrastructure made available by Sectricity BV (or suppliers and subcontractors of Sectricity BV) may under no circumstances be used for storing or distributing illegal software. It is strictly prohibited to distribute illegal software via any hosting service offered by Sectricity BV (or suppliers and subcontractors of Sectricity BV). If such practices are detected, the service in question may be terminated immediately and without any right to compensation. At the same time, legal proceedings will be initiated.

1.5. The distribution, copying, editing, making available, or offering of copyrighted material of Sectricity BV (or suppliers and subcontractors of Sectricity BV), such as videos, e-learning modules, games, music, texts, images, etc., without prior written permission from the author, is also considered an illegal activity, for which the same measures will be taken.

1.6. The provision of sexually explicit content prohibited under Belgian law will in no case be accepted by Sectricity BV. If a violation of this guideline is detected, access to such data will be immediately blocked for the customer, and the competent authorities will be notified. The same rules apply to hateful, vulgar, racist, ethnically inappropriate, discriminatory, or other similar content.

1.7. Sending unsolicited mass emails (Spam – Unsolicited Commercial Email) via the server or an email address managed by Sectricity BV (or suppliers and subcontractors of Sectricity BV) is strictly prohibited. Customers are also liable if such emails are sent via an external server but contain links to content hosted on the server. If activities that violate commercial email legislation are detected, the relevant account will be immediately terminated.

1.8. Generally prohibited activities concern the misuse of the offered infrastructure, both to the detriment of Sectricity BV and third parties. Consequently, it is strictly prohibited to:

• Use our server for the distribution of software intended solely to cause harm to third parties, including viruses, Trojan horses, etc.;
• Launch denial-of-service (DoS) attacks on our server or use it to launch DoS attacks on other servers;
• Offer software, scripts, or other content that results in an excessively high consumption of system resources, such as CPU usage, memory usage, network resources, etc. In such cases, the customer will be offered the option to either pay for additional services based on consumption, reduce usage to acceptable levels, or switch to a different hosting service. If none of these alternatives are accepted, the relevant account will be terminated without further notice;
• Launch port scans on our servers unless explicit written permission has been granted, such as in the context of a security audit;
• Use the services to harm the image and reputation of Sectricity BV (or suppliers and subcontractors of Sectricity BV).

1.9. Complaints or detected violations by third parties can be reported via email. If Sectricity BV (or suppliers and subcontractors of Sectricity BV) identifies a violation of the topics listed above, the relevant customer will be notified and, depending on the nature of the violation, one or more of the following sanctions will be applied:

• Suspend the services to the relevant customer indefinitely;
• Permanently terminate the services to the relevant customer;
• Impose additional costs and penalties;
• Remove the relevant content;
• Take all necessary steps to end the misuse;
• Initiate legal proceedings.

Article 2. Pentesting and ethical hacking services.

2.1. The client explicitly grants Sectricity BV (or suppliers and subcontractors of Sectricity BV) and its employees permission to perform penetration testing and ethical hacking services on its computer systems and network infrastructure by signing the penetration testing and ethical hacking services agreement. By doing so, the client also declares to be the full owner of all computer systems and network infrastructure on which the services are performed and confirms having obtained permission from third parties that host programs or websites for the client, with or without direct links to the client's computer systems or network infrastructure.

2.2. The client will not take or allow any criminal or civil legal action against Sectricity BV (or suppliers and subcontractors of Sectricity BV) and its employees in connection with the execution of the penetration testing and ethical hacking services.

2.3. The client must ensure that the systems and infrastructure on which the penetration testing and ethical hacking services are performed are properly insured against the risks of economic damage. Sectricity BV (or suppliers and subcontractors of Sectricity BV) can never be held liable for economic damage suffered by the client or the client’s contractual partners before, during, or after the execution of the penetration testing and ethical hacking services.

2.4. Sectricity BV (or suppliers and subcontractors of Sectricity BV) is not liable for financial or reputational damage, governmental actions or regulations, or other harmful consequences that the client may suffer as a result of criminal or civil proceedings.

2.5. The client is liable for and will fully indemnify and hold harmless Sectricity BV (or suppliers and subcontractors of Sectricity BV) from all claims, losses, costs, and liabilities of third parties (including employees, contractors, or suppliers) arising from the penetration testing and ethical hacking services.

Article 3. Subscription and other services

3.1. Sectricity BV (or suppliers and subcontractors of Sectricity BV) cannot be held responsible for any shortcomings in the data as presented in the subscription and other services offered by Sectricity BV. This applies to both the information placed on the site by Sectricity BV itself and the information provided by technology suppliers (e.g., on their own websites).

3.2. Sectricity BV explicitly offers the subscriptions “as is” (as they are available online). The technical implementation is carried out using the most appropriate techniques based on the project requirements. However, Sectricity BV (or suppliers and subcontractors of Sectricity BV) cannot be held liable for the (temporary) unavailability or potential malfunctioning of a subscription service.

3.3. Subscription services, email, security - Sectricity BV (or suppliers and subcontractors of Sectricity BV) cannot be held liable for temporary interruptions or data loss during temporary interruptions of subscription services, nor for damages resulting from actions by third parties attempting to bypass the provided security measures.

3.4. If Sectricity BV makes third-party licenses available to a customer, the (license) terms of the relevant third party will apply to the relationship between Sectricity BV and the customer, overriding any conflicting provisions in these general terms and conditions.