Article 1. Scope
1.1. These terms and conditions apply to all products and services offered by Sectricity BV. By accepting the offer or accepting the invoice, the customer acknowledges that he has taken note of and agreed to these terms.
1.2. Derogations from these terms and conditions shall be valid only if expressly agreed and indicated in the agreement.
1.3. By accepting these general (sales) conditions, the buyer waives his own general (purchase) conditions.
Article 2. Quotation and agreement
2.1. The offers made by Sectricity BV are valid for 30 days (or otherwise stated on the offer itself), after which they have only an informative value.
2.2. All listed prices are net prices excluding VAT. All taxes, duties and costs, due at the (on)delivery or afterwards, are charged to the customer.
2.3. The offer shall apply only to the contract as indicated and shall not entail any commitment for future contracts.
2.4. An agreement is only reached after the customer has accepted the offer.
2.5. Only if the purchase order explicitly refers to the offer these provisions remain valid. In the other case, the provisions of the agreement prevail.
Article 3. Terms and additional work
3.1. The implementation periods specified by Sectricity BV are only informative. Exceeding these time limits does not entitle them to compensation or termination of the contract.
3.2. If a fixed price has been agreed with the client, it will only cover the activities and services referred to in the agreement. Additional assignments and services are excluded from the agreement and are automatically charged to the client.
3.3. The following circumstances may give rise to additional work:
- Extension or modification of the original contract after it has been approved by the client;
- Requirements, wishes, preconditions or expectations of the client that have not been made known to Sectricity BV or not clearly when entering into the agreement;
- Deficiencies and deficiencies in third-party products or services, which Sectricity BV did not reasonably foresee or over which Sectricity BV has little or no influence;
- Lack of cooperation of the client in the implementation of the agreement. Depending on the impact of the requested changes, this may lead to a review of the agreement.
Article 4. Payment modalities
4.1. All invoices can be paid by wire transfer to the account number indicated on the invoice.
4.2. Unless otherwise stated on the invoice, a payment period of 30 days shall apply.
4.3. Any complaints must be communicated by e-mail or registered letter within eight days of receipt of the invoice.
4.4. In the event of non-payment or late payment of the amounts owed by the client, Sectricity BV reserves the right to suspend the work until the outstanding debt has been settled. In this case, the customer cannot invoke compensation for damages.
4.5. In the event of non-payment on the due date, interest of 12% per annum will be applied to the total invoice amount ipso jure and without notice of default.
4.6. If one or more payments are not settled within 15 days after the due date, this shall automatically and without formal notice give rise to a right to compensation whereby the unpaid amount shall be increased by a fixed amount of 12% with a minimum of €250. This increase is justified by the burden, the difficulties, the cost of correspondence, loss of time, accounting difficulties, and lack of availability of the unpaid amount.
4.7. Until the buyer has paid in full and definitively, Sectricity BV retains full ownership of the products and services. However, all risks are at the customer's expense.
4.8. A training course, lecture, or related services must always be paid in advance. In case of non-payment before the start of the training, Sectricity BV may deny participants access to the session or cancel the session.
4.9. A training course, lecture, or related services can only be cancelled free of charge up to 10 days prior to its start. The cancellation must always be done in writing, i.e. by e-mail or registered letter. After that, a cancellation is always considered late and full payment remains due.
Article 5. Other provisions
5.1. Both Sectricity BV and the customer accept electronic communication (e.g. e-mail) as a means of proof.
5.2. Any complaints must be notified by e-mail or registered letter within eight days of receipt of the invoice. After this period, the complaint will no longer be considered.
5.3. Participation in training courses and arrangements of Sectricity BV (or Sectricity BV suppliers) takes place at your own risk. Sectricity BV accepts no liability for damage or injury resulting from accidents, loss or theft caused to participants during the training courses or arrangements.
5.4. Should one or more provisions of these terms and conditions not be applicable, the others will remain in full force and effect. The rights and obligations arising from the agreement between Sectricity BV and the client cannot be transferred either in part or in full without Sectricity BV's prior written consent.
5.5. Belgian law applies to all agreements. Any disputes fall under the jurisdiction of the canton of Ghent and the judicial district of Ghent.
Additional conditions i.v. infrastructure and services
1.1. The client shall refrain from using the services or having them used for unlawful acts, the commission of criminal offenses, and/or for acts contrary to these user terms and conditions or the general terms and conditions.
1.2. The customer is not allowed to use processes or actions of which he can reasonably suspect that this obstructs Sectricity BV and/or customers of Sectricity BV or adversely affects the use of services.
1.3. The customer is responsible and liable for every use of the services provided, including the confidentiality and use of his access codes, e-mail addresses, copyrighted material ...
1.4. The infrastructure made available by Sectricity BV (or Sectricity BV suppliers) may under no circumstances be used to store or distribute illegal software. It is strictly forbidden to distribute illegal software via any hosting service provided by Sectricity BV (or Sectricity BV suppliers). If such practices are established, 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 copyright-protected material of Sectricity BV (or Sectricity BV suppliers) such as videos, e-learning modules, games, music, texts, images, etc., without the prior written consent of the author, is also considered an illegal activity in which the same measures are taken.
1.6. The offering of sexually oriented content that is prohibited by Belgian law will in no case be accepted by Sectricity BV. In the event of a breach of this directive, the customer's access to this data will be blocked immediately and the competent authorities will be notified. The same rule applies to hate, vulgar, racist, ethnically irresponsible, discriminatory or other material belonging to this denominator.
1.7. The sending of unwanted mass e-mail (Spam - Unsolicited Commerce E-mail) via the server or an e-mail address managed by Sectricity BV (or Sectricity BV suppliers) is strictly prohibited. Customers are also punishable if such emails are sent via an external server but contain links to content made available on the server. In the event of detection of activities that contravene the legislation governing commercial e-mails, the account in question will be closed immediately.
1.8. Generally prohibited activities relating to misuse of the offered infrastructure to the detriment of both Sectricity BV and third parties. It is therefore strictly forbidden:
- Use our server for the distribution of software for the sole purpose of causing damage to third parties, including viruses, trojan horses, etc;
- Launching Denial-of-service attacks on our server or for launching DoS attacks on other servers;
- To offer software, scripts, or other content that results in such high consumption of system resources, such as CPU use, memory usage, network resources, etc. With such a determination, the possibility will be offered to either pay for additional services based on consumption, either reducing consumption to acceptable standards or switching to another hosting service. If one of the offered alternatives is not discussed, the account concerned will be closed without further notice;
- Port scanning to be launched on our servers unless explicit and written permission is given, for example in the context of a security audit;
- Use the services to damage the image and reputation of Sectricity BV (or Sectricity BV suppliers).
1.9. Complaints or established violations by third parties can be reported by e-mail. Sectricity BV will notify the customer in question of any violation of the subjects listed above and, depending on the nature of the violation, will proceed to one or more of the following sanctions:
- Stop the service to the relevant customer for an indefinite period of time;
- End the service to the customer concerned;
- Charging additional costs and fines;
- Delete the content in question;
- Take all steps to end the abuse;
- Take legal action.
Article 2. Pen testing and ethical hacking services
2.1. The client gives Sectricity BV and its employees explicit permission to perform pen-testing and ethical hacking services on its computer systems and network infrastructure by signing the pen testing and ethical hacking services agreement. With this, the client also declares to be the full owner of all computer systems and network infrastructure on which the services are performed and to have permission from third parties who 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 any criminal or civil action, or have any civil action taken, against Sectricity BV and its employees in connection with the performance of the pen testing and ethical hacking services.
2.3. It is the client's obligation to ensure that the systems and infrastructure on which the pen testing and ethical hacking services are performed are properly insured against the risks of economic damage. Sectricity BV can never be held liable for economic damage suffered by the client or any contractual partners of the client before, during or after the performance of the pen testing and ethical hacking services.
2.4. Sectricity BV is not liable for financial or reputational damage, government measures or regulations, and other harmful consequences that the client would suffer as a result of criminal or civil proceedings.
2.5. The client is liable for and will fully indemnify and hold Sectricity BV harmless for all claims, losses, costs, and liabilities of third parties (including employees, contractors, or suppliers) arising from pen testing and ethical hacking services.
Article 3. Subscription and other services
3.1. Sectricity BV cannot be held responsible for any shortcomings in the data as stated on the subscription and other services offered by Sectricity BV. This applies both to information placed on the site by Sectricity BV itself and to information provided by technology suppliers (e.g. on their own website).
3.2. Sectricity BV expressly offers the subscriptions "as is" (as they can be consulted online). For their technical realization, the most appropriate techniques are used in function of the project. However, Sectricity BV cannot be held liable for the (temporary) failure or malfunctioning of a subscription service.
3.3. Subscription services, e-mail, security - Sectricity BV cannot be held liable for temporary interruption or loss of data during a temporary interruption of subscription services, nor for damage as a result of actions by third parties that try to bypass the security provided.
3.4. If Sectricity BV makes licenses from third parties available to a customer, the (license) conditions of the third party in question will apply in the relationship between Sectricity BV and the customer, with the exception of the deviating provisions in these general terms and conditions.