AMENDED STANDARD TERMS AND CONDITIONS DATED 30/04/2011
- 1.1 By accepting the present invoice, the party placing the order (the customer) confers on it the nature of an order.
- 1.2 This order (invoice) results from an oral agreement made over the telephone (telephone sale) or from a request via the internet or from an order form signed by the customer.
- 1.3 The customer has a period of 7 working days for reconsideration starting from the date of dispatch of the invoice during which he may send his contract cancellation request by registered letter, the postmark date being definitive.
2. Provision of services
- 2.1 KAPITOL S.A. provides the users of its system (the consumers) with commercial information. After its entry into the database, KAPITOL S.A. allows users to access the business data files via the internet or any future channels. KAPITOL S.A. reserves the right to modify, replace, delete and/or supplement the options for access to the data files and also to modify the descriptions of the activities of the companies.
- 2.2 The input of your advertising order will be put on line within a period of 10 working days at the most following the date of receipt of the order.
- 2.3 The customer undertakes to provide KAPITOL S.A. with all the data requested by KAPITOL S.A. within a period specified by KAPITOL S.A. and in the manner required of the customer. If the information requested is not provided within the above-mentioned period and in the above-mentioned manner, KAPITOL S.A. is entitled to place the data relating to the customer that it has on the database or to cancel the contract, the customer being in the wrong.
3. Duration of the agreement
- 3.1 This agreement is concluded for a period of 1 year. The date of its coming into effect is determined by Article 1.2 of the present standard terms and conditions. The contract will thereafter be renewed by default for periods of 1 year at a time. Renewal of the contract by default may be cancelled by either party, observing a notice period of at least 3 months before the expiry date, by registered letter with proof of receipt.
- 3.2 In order to facilitate the input of all the information, the first year shall be 13 months long instead of 12 months.
4. Invoicing and payment terms
- 4.1 The price payable is invoiced as agreed at the start of each period for a period of 1 year.
- 4.2 All invoices are payable within 8 days.
- 4.3 In the event of non-payment by the due date, the amount of the invoices shall automatically and without prior notice of default be increased by interest of 8% per annum. In addition, the amount of each invoice still unpaid as at the due date will be increased by 10% with a minimum of 125 Euros by way of fixed compensation.
5. Price adjustments
- 5.1 The prices shown on the invoice remain valid and fixed for the first 13 payable months of implementation of the contract. This price will be automatically extended for the next 12 months. KAPITOL S.A. undertakes to allow its customer to benefit from any promotional terms when renewing the subscription after the first year.
- 5.2 After the expiry of these first 25 months, KAPITOL S.A. may unilaterally amend the prices applied. The price adjusted in this manner shall apply 90 days after the date on which the price adjustment is notified to the customer.
- 5.3 In the event of a price increase, the customer will be entitled to unilaterally terminate the contract. If the customer wishes to exercise this right, he must give notice within a period of 14 days counting from the date of notification of the price increase. The contract will then end 90 days after 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 placing an order on behalf of a third party or who requests invoicing to this third party shall guarantee performance by this third party in accordance with Art. 1120 of the Civil Code and shall moreover be liable for making the payment if the third party is incapable for any reason whatsoever of honouring or refuses to honour its commitments. The same applies with regard to anyone who claims to represent a legal person.
7. Use of the data
- 7.1 If the data provided by the customer contain anything created and/or original data protected by law, KAPITOL S.A. shall be authorised during the fulfilment of the present contract to use them without compensating the customer.
8. Guaranties and other duties
- 8.1 The customer guarantees that:
- • the data provided by the customer are in all respects correct and not misleading and that they do not in any way infringe third party rights nor do they disturb public order or give moral offence.
- • the text and the materials supplied are free of any rights.
- • the customer is in a position to offer the service that the users are entitled to expect, taking into account information provided to KAPITOL S.A.
- 8.2 The customer undertakes to indemnify KAPITOL S.A. against any adverse consequences that might result from failure to observe the duties referred to in the present contract.
- 8.3 The customer must inform KAPITOL S.A. in good time of any amendments to the data provided to KAPITOL S.A., in particular amendments relating to the services offered to the public. Along the same lines, if the customer decides to stop supplying his goods and/or services to the public, he must inform KAPITOL S.A. of this immediately. All the above-mentioned amendments must be communicated to KAPITOL S.A. in writing. KAPITOL S.A. has a period of 15 days to input the amended data into the database.
- 9.1 KAPITOL S.A. cannot be held liable except for loss caused deliberately or as a consequence of its serious misconduct.
- 9.2 Any negligence attributable to KAPITOL S.A. in the fulfilment of the contract, taking into account the seriousness and duration of the negligence, may only give rise to a reduction or refund of the price paid or to be paid for the service which was not provided correctly. KAPITOL S.A. is not liable for any other form of loss such as indirect loss, consequential loss, loss due to lost profits, loss due to delay, loss due to loss of data or loss due to the advice or information given provided by KAPITOL S.A.
- 9.3 KAPITOL S.A. shall not be liable for any delay or omission in fulfilling its duties in so far as this delay or omission arises from necessary maintenance work or from an instance of force majeure such as, for example, circumstances associated with telecommunications companies and/or internet service providers, an IT breakdown (hardware and/or software), an overload etc.
10. Cancellation of the contract
- 10.1 KAPITOL S.A. is entitled to cancel the present contract at any time without notice, without compensation and without recourse to the courts in the following cases:
- • The customer does not fulfil its contractual duties and has still not corrected this situation 10 calendar days after the issue of a registered letter from KAPITOL S.A. or of a letter of notice of arrears from its legal adviser.
- • Only full payment of the amounts claimed (principal, interest, penalty clauses as specified in Article 4.3 and miscellaneous expenses) shall be taken into account.
- • In the event of the customer’s evident insolvency, bankruptcy or refusal of a court settlement.
- 10.2 Following dispatch of KAPITOL S.A.’s registered letter or of its legal adviser’s notice, KAPITOL S.A. shall be entitled to automatically delete the data from the database after the period of 10 days referred to below. KAPITOL S.A. will send the customer a letter confirming the cancellation as well as the date from which it is effective.
- 10.3 In the event of cancellation of the contract by the customer, he shall be liable for the payment of a fixed penalty for breach equal to the price due for one year’s performance of the contract in addition to the amounts arising from its performance.
11. Protection of Privacy Act
- 11.1 The data referred to on the present order form will be processed in accordance with the provisions of the Protection of Privacy Act. They will be processed for the requirements of customer administration, for their listing in KAPITOL S.A.’s database and for later sales of KAPITOL S.A.’s products.
- 11.2 Any customer who is a natural person is entitled upon simple request to consult his data held in KAPITOL S.A.’s database and to ask for them to be corrected.
- 12.1 The present contract is governed by Belgian law.
- 12.2 Any disputes arising from the interpretation or fulfilment of the present contract shall come under the jurisdiction of the courts of the arrondissement of Brussels.