1. Formation of the contract
1.1 By signing the present order form, the party placing the order (customer) gives it the nature of an order. The order is considered to be accepted by KAPITOL S.A. if KAPITOL S.A. has not given notice of its refusal of the order within a period of 10 (ten) calendar days. KAPITOL S.A. is not obliged to explain its refusal.
1.2 In the event of acceptance of the order, the contract will come into effect on the tenth (10th) calendar day following the date of signature of the order form.
1.3 1.3 The party placing the order has a period of 7 working days counting from the date that the order form was sent, during which it may submit its request for cancellation of the contract by registered letter, the date of the postmark being the applicable date.

2. Provision of services
2.1 2.1 KAPITOL S.A. provides the users of its system (the consumers) with commercial information. After insertion in the database, KAPITOL S.A. allows users to access the files of business data via the Internet and by any future channels. KAPITOL S.A. reserves the right to amend, replace, remove and/or supplement the options for access to the data files as well as to amend the descriptions of the company activities.
2.2 2.2 The insertion of your advertising order will be put on line within a period of ten (10) working days counting from the date of signature of the order form issued by Kapitol S.A.
2.3 2.3 The party placing the order undertakes to make all the data required by KAPITOL S.A. available within the period set by KAPITOL S.A. and in accordance with the manner that is imposed on it. In the event that the information requested is not provided within the period and in the above-mentioned manner, KAPITOL S.A. is entitled to create these data on the basis of information that it has available about the party placing the order or to cancel the contract at the expense of the party placing the order.

3. Duration of the agreement
3.1 This agreement is made for a period of one (1) year. The date when it comes into effect is determined by Article 1.2 of the present standard terms & conditions. The contract will then be renewed by default for periods of one year. The renewal of the contract may be cancelled by either party by giving notice by registered letter with signed receipt at least 3 (three) months before the expiry date.

4. Invoicing and payment terms
4.1 The price to be paid is invoiced as agreed at the start of each period for a period of one (1) year.
4.2 All invoices are payable in cash.
4.3 In the event of non-payment on the due date, the amount will be increased by interest of 8% per annum automatically and without a prior request. In addition, the amount of each invoice that remains unpaid on its due date will be increased by 10% with a minimum of 125 (hundred and twenty-five) Euros by way of fixed compensation.

5. Amendment of prices
5.1 The prices shown on the order form remain valid and unchanged for the first twelve payable months of performance of the contract.
5.2 After the expiry of these first 12 (twelve) months, KAPITOL S.A. may unilaterally amend the prices applied. The price thus revised will be applied 90 days after the date on which the price amendment is notified to the party placing the order.
5.3 In the event of a price increase, the party placing the order will have the right to terminate the contract unilaterally. A party placing the order who wishes to exercise this right must give notice within a period of 14 (fourteen) days counting from the notification of the price increase. The contract will thus end 90 days after the notice is given. In this event, the price applicable before the announced price increase will remain valid until the end of the contract.

6. Orders on behalf of third parties
6.1 Any person or company that places an order on behalf of a third party or who requests invoicing to this third party stands as a guarantor for this third party in accordance with Art 1120 of the Civil Code and will also be obliged to make payment in the event that the third party, for any reason whatsoever, is unable to or refuses to honour its/his commitments. The same applies to any person who claims to represent a legal entity.

7.Use of the data
7.1 If the data made available by the party placing the order contain original work and/or data protected by law, KAPITOL S.A. shall be authorised to use them during the performance of the present contract without compensating the party placing the order.

8. Guarantees and other obligations
8.1 The party placing the order guarantees that : - the data provided by the party placing the order are correct and not misleading in any way and that they do not in any way infringe the rights of third parties or cause a breach of the peace or create moral offence.
- the text and the materials provided are free of all rights.
- the party placing the order is in a position to offer the service that the users have a right to expect with regard to the information provided to KAPITOL S.A.
8.2 The party placing the order undertakes to safeguard KAPITOL S.A. against any harmful consequences that result from a failure to observe the obligations mentioned in the present contract.
8.3 The party placing the order must inform KAPITOL S.A. in time of any amendment relating to the data made available to KAPITOL S.A., in particular amendments relating to the services offered to the public. In the same context, the party placing the order that decides to no longer provide its products and/or services to the public must immediately inform KAPITOL S.A.. All the above-mentioned amendments must be communicated to KAPITOL S.A. in writing. KAPITOL S.A. is granted a period of 15 (fifteen) days to put the amended data into the database.

9. Liability
9.1 KAPITOL S.A. may only be held responsible for loss or damage deliberately caused or as a consequence of a serious error made by it.
9.2 Any negligence attributable to KAPITOL S.A. in the performance of the contract, taking into account the seriousness and duration of the negligence, may only give rise to a reduction or repayment of the price paid or to be paid for the service that was not provided in a correct manner. KAPITOL S.A. is not liable for any other form of loss or damage such as indirect losses, subsequent losses, losses due to the loss of a benefit, losses due to delays, losses due to a loss of data or losses due to the advice or information given by KAPITOL S.A.
9.3 KAPITOL S.A. will not be liable for delay or omission in performing its duties in so far as this delay or this omission arises from necessary maintenance work or from an instance of force majeure such as for example circumstances associated with the telecommunications companies and/or the Internet service providers, an IT breakdown (hardware and/or software), an overload etc.

10. Cancellation of the contract
10.1 KAPITOL S.A. has the right to cancel the present contract at any time without notice, without compensation and without recourse to legal means, in the following cases :
The party placing the order does not fulfil its contractual obligations and has still not corrected the situation 10 (ten) calendar days after the sending of a registered letter by KAPITOL S.A. or of a formal notice letter from its legal advisers. Only total payment of the amounts claimed (principal, interest, penalty clauses related to Article 4.3 and miscellaneous charges) will be taken into account.
In the event of evident insolvency, bankruptcy or refusal of a judicial composition by the party placing the order.
10.2 As soon as the registered letter from KAPITOL S.A. or the letter from its legal advisers has been sent, KAPITOL S.A. will have the right to remove the data from the database automatically once the period of 10 (ten) days mentioned below has passed. KAPITOL S.A. will send to the party placing the order a letter confirming the cancellation as well as the date from which this applies.
10.3 In the event of cancellation of the contract which is the fault of the party placing the order, that party is obliged to pay fixed compensation for breach equal to the price that is due for one quarter’s performance of the contract in addition to the amounts arising from its performance.

11. Law on data protection
11.1 The data given on the present order form will be processed in compliance with the provisions of the Data Protection Act. They will be processed for the requirements of customer administration, for showing them in the KAPITOL S.A. database and for subsequent marketing of KAPITOL S.A.’s products. 11.2 Any party placing an order who is a natural person has the right by means of a simple written request, to consult and require the correction of his data that are shown in the KAPITOL S.A. database.

12. Jurisdiction
12.1 The present contract is governed by Belgian law.
12.2 Any dispute arising from the interpretation or performance of the present contract will come under the jurisdiction of the Court nearest KAPITOL S.A.’s registered office.