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General terms of services

Preamble: Definitions

 

The Company: CONNECTIS SA, with its registered office at 76 Chée de Ruisbroek, 1180 Uccle, and entered in the Register of Companies under number 0478.744.785.

The Client: the end user, as stated on the order form.

The Services: the EUROBACKUP and EUROFILES services as described on the order form. Unless there is a stipulation to the contrary, the Services shall be provided by the Company subject to availability.

 

 

Article 1: Acceptance of the General Conditions

The present General Conditions shall be deemed to have been accepted by the Client, even in the case where they might conflict with the latter’s own general conditions.

The Company formally refuses the application of any clauses appearing in any of the Client’s documents, since those of the Company, whether general or specific, shall prevail at all times.

The acceptance of conditions deviating from those stated below may only result from an express agreement written and signed by the Company.

The services, products and software offered by the Company may not be used by any person below the age of 18 years.

 

Article 2: Scope of application

The present General Conditions shall apply to the EUROBACKUP and EUROFILES Services provided by the Company, and possibly following the signature of the order form between the Parties.

 

Article 3: Description of the Services

The Client shall acquire from the Company the right to use the EUROBACKUP and EUROFILES Services for an indefinite term.

On the order form, the Client shall opt for an overall volume of data which may be divided in an undifferentiated manner between the Services, and for which the Company shall provide storage at its data centre.

The data shall be accessible remotely by the Client in possession of his encryption key.

 

Article 4: Establishment and term of the agreement

All offers shall be understood to be without obligation and without option: they shall only be made for information purposes, unless there are express stipulations to the contrary.

The provision of prices, rates and quotes by the Company shall not constitute an undertaking.

The Company shall only be bound, subject to availability, from its own written acceptance of the Client’s firm and definitive order or the modification of that order by the Client.

 

Article 5: Terms of execution

The Client undertakes to protect the confidentiality of his password and to give notice immediately of any non-authorised use of the Services.

 

Article 6: Price

The price for provision of the Services and Sale must be the object of a written agreement, and shall possibly be stated on the order form.

The price indicated on quotes, invoices or offers, must always be understood to be excluding taxes and in Euros, unless there are stipulations to the contrary.

Invoicing shall be quarterly in advance, or monthly depending on any indications made on the order form, or by agreement between the Parties.

 

Article 7: Payment

Unless there is a written stipulation to the contrary, all invoices shall be payable by the Client in cash.

In default of payment on the agreed due date, any invoice shall, automatically and without notice of default, bear arrears interest of 12% per annum calculated as from the due date, and shall also, automatically and without notice of default, be increased by an inclusive indemnity at the rate of 15%, with a minimum of € 150.

Default of payment of an invoice on its due date shall make all invoices immediately payable and in any event shall authorise the Company to suspend the fulfilment of its own obligations: any default of payment shall inter alia suspend the SLA indicated hereinafter for the Client.

Moreover, the Company shall have the choice between either taking any agreement, contract or transaction established with the Client to be terminated automatically and without notice of default or, without prior notice of default, requiring its immediate execution.

 

Article 8: Intellectual property rights

The Company shall not be liable for any digital content stored by the Client on its servers, in application of the present Agreement, in particular with regard to the legislation applicable to any intellectual property rights attached to the content stored.

Any storage of content contrary to the legislation in force shall result de facto in the termination of the present Agreement and the destruction of the illegal data.

The Client alone shall remain liable for the licences for the software installed or to be installed on the virtual servers, and undertakes to indemnify the Company against any third party action in this regard.

Article 9: Complaints

Any complaints, of whatsoever nature they may be, must be made by registered letter within eight days of the issue of the invoices.

After that deadline, they may no longer be taken into consideration.

A complaint shall not authorise the Client, either himself or via third parties, to repair any faults without express written authorisation from the Company.

Any intervention by a third party on the products, services, software or systems offered by the Company shall result in the immediate termination of the Agreement at the fault exclusively of the Client.

 

Article 10: Limitation of liability

The Client alone shall remain liable for the use he makes of the Services (installation, configuration, selection of data, frequency of saving, term of retention, period of archiving, email address for the receipt of reports and so on), for the conservation of his encryption key and for the data stored on the servers.

The Client undertakes to forward any error message to the Company within 48 hours.

The Company undertakes that the Services shall comply with the SLA indicated hereinafter.

The services, products and software offered by the Company shall be offered “as such” at the Client’s risk, without any guarantee as to their use.

The Company undertakes to do all that might be reasonably necessary to protect the confidentiality of the data stored by the Client.

The Company, its executives, employees or agents may not be held liable for any direct or indirect loss or damage (loss of activity, profit and so on) caused by the non-availability, accidental dissemination or loss of data belonging to the Client or to any user.

In the case where the Company’s liability might be raised beyond the SLA indicated hereinafter, this shall be limited to the necessary correction and repair, without the Client being entitled to claim any additional damages or interest, beyond a reimbursement of the last three months of use of the defective Service.

 

Article 11: SLA

The guaranteed percentage of time of quarterly availability of the Services shall be 99.9%.

In default, the Client shall receive, by way of exclusive remedy, a credit of 20% of the amount of the invoice for the month during which the non-availability was observed, and in relation to the virtual machine unavailable.

If there are multiple virtual machines, a prorata system shall be applied for calculation of the credit.

The percentage of time of monthly availability of the Services shall be calculated using the following formula: (Maximum Available Minutes – Minutes of Non-Availability) / Maximum Available Minutes.

The Maximum Available Minutes shall correspond to the number of minutes of deployment of the Services ordered by the Client over the course of a month of invoicing.

The Non-Available Minutes shall correspond to the number of minutes during which the Services are not available to the Client, with the exception of cases of force majeure, or in the case of poor use.

In order to be taken into account within the framework of the present Agreement, any non-availability of the Services must be notified in writing to the Company, within one month of the commencement of the non-availability, including (i) a detailed description of the incident, (ii) information on the time and period of non-availability and (iii) a description of any attempts at remedying the incident.

The present SLA shall not apply in the case of non-availability caused (i) by a case of force majeure (natural disaster, social action, breakdown of the network of a device which is not a part of our data centres, whether on the Client’s site, or between the Client’s site and the Company’s data centres, and so on), (ii) by erroneous, improper, illegal, or abnormal use of the Services by the Client, (iii) during the use of a test or evaluation version of the Services and (iv) by a maintenance operation or any period of downtime agreed a priori between the Parties.

 

Article 12: Termination

In the case of termination of the Agreement by the Client prior to the commencement of execution of the Agreement or during its execution, the Client shall owe the entirety of the price of the order and may not claim any reimbursement.

In the absence of a stated written term, the Client may terminate the Agreement by registered letter sent to the Company giving prior notice of six months.

The Company reserves the right to terminate the present Agreement at any time and without prior notice, without this giving the Client any right to reimbursement or to any indemnity whatsoever.

The Company may, in particular, terminate the Agreement with immediate effect in the case of non-compliance, by the Client, with the present General Conditions.

On the date of termination of the present Agreement, the Company undertakes to retain the Client’s data until the end of the current month.

Article 13: Normal use

The Client undertakes to use the Service in accordance with normal usage.

The Client shall be prohibited from reconstituting the product software, decompiling it, disassembling it or circumventing its technical restrictions.

The Client shall be prohibited in particular from using or attempting to use the services, products and software offered by the Company for the purposes of breaching, probing, testing or otherwise circumventing any security or authentication measure; publishing content which is fraudulent, deceptive or infringes the rights of others; impersonating or misrepresenting an affiliation with a particular individual or entity; publishing or sharing obscene, pornographic, or racially, ethnically or racially sectarian or racist content; breaking the law in any way or not respecting the privacy of others or defaming others.

The Company reserves the right to destroy any of the Client’s or the user’s data which might be infected by a virus or any other programme liable adversely to affect the good operation of the Company’s systems: it is strongly recommended that the Client and users make use of updated antivirus software before storing data.

 

Article 14: Updates to the General Conditions

The present General Conditions may be amended by Company during the term of the Agreement: such amendments shall be published on its web site: www.euroconnect.be

The Client undertakes to check the aforementioned web site on a regular basis.

Through its ongoing use of the Company’s Services, the Client unreservedly accepts the amended General Conditions which shall thus be fully applicable to him.

 

 Article 15: Validity of clauses

The possible invalidity of one or more clauses of the present General Conditions shall not affect the validity of the other clauses: the Parties shall endeavour to replace any invalid clause with a clause which complies therewith and has an equivalent economic effect.

 

Article 16: Processing personal data

Within the framework of its provisions, the Company shall store personal data controlled or processed by the Client, within the meaning of the Directive GDPR 2016/679.

All personal data stored by Company shall be encrypted at source by the user who shall remain the sole holder of the encryption key, so that it shall be impossible for the Company, or for a member of its staff, to decode such data, which shall remain irreversibly anonymous.

Personal data shall only be stored by the Company on the documented instruction of the Client, and for the strict purpose of performing urgent backup tasks. Within the context of its tasks, the Company shall take all reasonable and necessary measures to guarantee the security of the Client’s data.

The Company’s staff shall be properly trained in the GDPR procedures, and no personal data may be copied or transmitted to a third party without the Client’s written authorisation.

The Company shall be authorised to call on subcontractors, the list of which may be consulted on simple request, but in no case shall the Company entrust the processing of personal data to a subcontractor outside the European Union.

In accordance with the Directive 2016/679, any person concerned shall, with regard to their personal data, have a right to access, rectification, restriction, deletion and removal. Any person concerned may also withdraw their consent at any time, and make a complaint to the appropriate supervisory authority.

Any request for information or otherwise any be sent to privacy@connectis.be.

The Company undertakes to provide the Client with the information necessary to prove its compliance with the Directive GDPR 2016/679.

At the end of the Agreement, or on simple request from the Client, the Company undertakes to delete all the personal data stored on behalf of the user, unless the retention of such data is required by the law.

 

Article 17: Competent jurisdiction and applicable law

If there is a conflict between the different translations of the present General Conditions, only the version in the French language shall prevail.

The jurisdictions of the French-speaking district of Brussels shall alone be competent. The present Agreement shall be governed by Belgian law.

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