Terms and Conditions
Article 1. Scope
1.1. These general terms and conditions apply to all products and services offered by Sectricity (part of Cyber bvba). Reference is made to these conditions on each quotation and invoice. By signing the offer or accepting / paying the invoice, the customer acknowledges having taken note of and agreeing to these conditions.
1.2. Deviations from these general conditions are only valid if explicitly agreed and mentioned in the agreement.
1.3. By accepting these general (sales) conditions, the buyer waives its own general (purchase) conditions.
Article 2. Quotation and agreement
2.1. The offers made by Sectricity are valid for 30 days, after which they have a purely informative value.
2.2. All prices are net prices excluding VAT. All taxes, duties and costs, due at the delivery or after delivery, are at the expense of the customer.
2.3. The offer only applies to the assignment as indicated and does not imply any commitment for future assignments.
2.4. An agreement is only concluded after acceptance of the offer by the customer.
2.5. Only if the order form refers explicitly to the quotation do these provisions remain valid. In the other case, the provisions of the agreement prevail.
Article 3. Terms and additional work
3.1. The execution times specified by Sectricity are only informative. Exceeding these terms does not entitle to compensation or dissolution of the agreement.
3.2. If a fixed price has been agreed with the client, this will only relate to the activities and services mentioned in the agreement. Additional orders and services are outside the agreement and are automatically charged to the client.
3.3. The following circumstances may give rise to additional work:
- Expansion or modification of the original assignment after it has been approved by the client;
requirements, wishes, preconditions or expectations of the client that were not or not clearly communicated to Sectricity when entering into the agreement;
- Defects and shortcomings in products or services of third parties, which Sectricity could not reasonably foresee or on which Sectricity has little or no influence;
- Deficient cooperation of the client in the execution of the agreement. Depending on the impact of the requested changes, this may lead to a revision of the agreement.
Article 4. Payment modalities
4.1. All invoices can be paid by bank transfer to the account number stated 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 by registered letter within eight days of receipt of the invoice.
4.4. In case of non (timely) payment of the amounts owed by the customer, Sectricity reserves the right to suspend the work to liquidate the outstanding debt. The customer can not rely on compensation in this case.
4.5. In the event of non-payment on the due date, an interest of 12% per year will be applied by law and without notice of default on the total invoice amount.
4.6. If one or more payments are not settled within 15 days after due date, a right to compensation will arise by operation of law and without notice of default whereby the unpaid amount is increased by a flat rate of 12% with a minimum of € 250. This increase is justified because of the burden, difficulties, costs of correspondence, loss of time, accounting difficulties and lack of possession of the unpaid amount.
4.7. Until the buyer has paid in full and in full, Sectricity retains full ownership of the products and services. However, all risks are borne by the customer.
Article 5. Other provisions
5.1. Both Sectricity and the customer accept electronic communication (eg e-mail) as evidence.
5.2. Any complaints must be communicated by registered letter within eight days of receipt of the invoice. After this period the objection is no longer eligible.
5.3. All costs and obligations associated with software licenses that can be specifically assigned to the project or to registrations with official government bodies are borne by the customer. The information that Sectricity provides on this is purely indicative.
5.4. If one or more provisions of these terms and conditions would not apply, the other remain in full force. The rights and obligations arising from the agreement between Sectricity and the customer can not be transferred in whole or in part without the prior written consent of Sectricity.
5.5. Belgian law applies to all agreements. Possible 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 customer will refrain from using the services or have them used for unlawful acts, committing criminal offenses and / or for acts that are in conflict with these terms and conditions or the general terms and conditions.
1.2. The customer may not apply processes or actions that he can reasonably suspect that this interferes with Sectricity and / or Sectricity's customers or adversely affects the use of services.
1.3. The customer is responsible and liable for any 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 (or Sectricity 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 offered by Sectricity (or Sectricity suppliers). If such practices are established, the termination of the service in question can be immediately and without any right to compensation. At the same time, legal proceedings will be started.
1.5. The distribution, copying, making available or offering of copyrighted material from Sectricity (or Sectricity suppliers) such as video images, modules, music, texts, visual material, etc. without the prior written permission of the author, is also regarded as 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. Upon detection of a breach of this guideline, immediate will be made to block the customer's access to this information and notification of the competent authorities. The same regulation applies to hateful, vulgar, racist-tinted, ethnically irresponsible, discriminatory or other material belonging to this denominator.
1.7. Sending unsolicited mass e-mail (Spam - Unsolicited Commerce E-mail) via the server or an e-mail address managed by Sectricity (or Sectricity suppliers) is strictly prohibited. Customers are also punishable if such e-mails are sent via an external server but contain links to content made available on the server. When establishing activities that are in conflict with the legislation on commercial e-mails, the account concerned will be closed immediately.
1.8. Generally prohibited activities relate to misuse of the offered infrastructure to the detriment of Sectricity and third parties. It is therefore strictly forbidden to:
- 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 result in such a 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 (or Sectricity suppliers).
1.9. Complaints or established violations by third parties can be reported by e-mail. Sectricity will notify the customer in question when establishing a violation on the above-mentioned subjects and, depending on the nature of the violation, 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. Subscription and other services
2.1. Sectricity can not be held responsible for any shortcomings in the data as stated on the subscription and other services offered by Sectricity. This applies both to the information placed on the site by Sectricity itself and to information coming from the technology vendors (eg on their own website).
2.2. Sectricity offers the subscriptions explicitly "as is" (as they can be consulted online). For the technical realization, the most appropriate techniques are used in function of the project. However, Sectricity can not be held liable for the (temporary) failure or eventual malfunction of a subscription service.
2.3. The customer expressly agrees to the inclusion of the project in Sectricity's portfolio.
2.4. Subscription services, e-mail, security - Sectricity can not be held liable for temporary unavailability or loss of data during temporary unavailability of subscription services, nor for damage as a result of actions by third parties that try to circumvent the anticipated security.