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Microsoft word - ecompass_conditions_and_terms.doc

Conditions and Terms
50,00 and increased with the legal interest. Legal interest is due starting from the due date of the bill. Payments need to be fulfilled by the client without making an appeal to deduction, discount or 0. Terms.
compensation. Each appeal of the client to a settlement with E-COMPASS BVBA will be ignored Payments are firstly made to pay off due interest and costs and secondly to pay off unpaid bills that have been open for the longest period of time, even if the client mentions that the payment is for another bill. As long as the client has not fulfilled the full amount, the client can not make use of the services of E-COMPASS BVBA. If the client requests a domain name, E-COMPASS BVBA The limited liability company E-COMPASS located at Zottegem, Belgium. has the right to claim this domain name, in spite of the rights the client has on this domain name. It is considered the client denounces the rights till the moment of payment of the bill and possible additional costs. E-COMPASS BVBA does not carry any responsibility and/or liability for the loss A private person or legal person who E-COMPASS BVBA has an agreement with. of the client’s rights to the domain or for the fact the domain name could be requested and/or A contract between E-COMPASS BVBA and the client where the service(s) of E-COMPASS that 6. Delivery/delivery period
are provided to the customer are described. After the establishment of the agreement and the resulting obligations for the client, E-COMPASS BVBA will deliver the agreed upon services as soon as possible. The services the client has agreed upon in the agreement, such as fe: registration of domain The agreed upon delivery period isn’t fatale. If the client has the opinion that E-COMPASS BVBA names (in cooperation with DNS.be, Internic and other DNS agents); management of servers of has not delivered in time, the client is able to give e-COMPASS bvba an official warning, but the E-COMPASS BVBA where data and software is digitally saved, consulted, edited or transported; client must give E-COMPASS bvba a reasonable period of time to deliver the services and taking care of other services mentioned in the agreement. products. If the delivery fails to occur another time due to circumstances where the liability lies with E-COMPASS bvba, than the customer has the sole right to the dissolution of the contract and the sole right to ask for a refund of the payment for the delivered services. At the same time, Software developed by E-COMPASS BVBA and/or scripts put at your disposal, programs that are E-COMPASS BVBA has the right to put off or to end the delivery of the services without notice if: included in the offered service package. 1) the client does not meet its obligations as mentioned in the agreement or in the Conditions and Terms and has no intention of doing so 2) E-COMPASS BVBA assumes advantage is taken of the delivered services, whether by the client or not 3) there is dominance (see Dominance). E- 1. Conditions and Terms
COMPASS BVBA has the right to give the client adjusted periods of time or new conditions before proceeding with the services, in so far as this does not conflict with the principles made These Conditions and Terms are applicable to all offers of E-COMPASS BVBA and all legal procedures between E-COMPASS BVBA and the client. Items that differ from the Condition and terms only apply when they are made in writing and in 7. Obligations of E-COMPASS BVBA
consultation with E-COMPASS BVBA and have been agreed upon by E-COMPASS BVBA. E-COMPASS BVBA has the moral obligation to work towards a result as it is described in the In all cases where an agreement with the customer ends, these Conditions and Terms will always agreement, taking into account the technical means that are at E-COMPASS bvba’s disposal. determine the relationship between the parties, as far as this is necessary for the termination of E-COMPASS BVBA takes care of the availability of the services, whereby they commit themselves to offer maximum availability. E-COMPASS BVBA can not guarantee that the telephone line, cable connection and/or other connections with E-COMPASS BVBA and/or E-COMPASS BVBA has the right to adjust these Conditions and Terms single sided. Changes of internet offer maximum use and access especially when E-COMPASS BVBA is dependent on the Conditions and Terms also apply to agreements made in the past. These changes are in third parties (telecommunication companies, cable companies, etc) for the use and the delivery of effect a month after the announcement or on the date specified and are communicated through a written announcement or an announcement on the E-COMPASS BVBA web pages. If the client does not agree with these changes, the client has the right to refuse the Conditions and Terms till 8. Obligations of the client
the moment the new Conditions and Terms come into effect. The client must send a registered letter within this period of time. When the new Conditions and Terms are in full effect, it is Unless otherwise mentioned, the client must purchase the necessary equipment and/or software considered that the client has agreed upon these changes with tacit consent. so that E-COMPASS BVBA is able to offer the services as mentioned in the agreement. The client has full responsibility for the content of their site. The client may not undertake actions, such as starting processes/software on the systems of E-COMPASS BVBA that could inflict 2. Offers and the establishment of the agreement
damage to the systems of E-COMPASS BVBA and/or to the ordinary internet user, according to E-COMPASS BVBA. It is not allowed to use the connections, systems and to take advantage of All offers made by E-COMPASS BVBA are informal. E-COMPASS BVBA has the right to revoke the available storage/disk space by undertaking actions that clash with the law, public morality, previously made offers. The offers have, unless mentioned otherwise, a validity of maximum a public order, the netiquette, the agreement and these Conditions and Terms. This includes fortnight, starting from the date mentioned on the offer. The offer is always based on the data following actions: spamming, violating copyright protection or violating intellectual property rights provided by the customer. The offer is executed when the payment of the customer is received of third parties, spreading child pornography, porn, sexual intimidation, discrimination, threats or (complete or partial payment). By paying, the customer agrees with the Conditions and Terms. other means to harass other persons, hacking (entering the computer of others without their As long as there is no physical connection or in case of a demand of a domain name or supply of consent whereby the client breaks through certain security and/or accesses the computer by other services and products that E-COMPASS BVBA delivers, E-COMPASS BVBA has to right to executing a technical action with the help of false signals and/or false keys or by adopting a false revoke the offer after acceptance. In case there is no written version of the agreement, the items mentioned on the bill in connection with the agreement and that are paid by the client are in The client is liable for the damage caused by actions in violation of this article. E-COMPASS BVBA has the right to check and to investigate the information in connections with the message, such as the content, the heritage or the destination, if there was a presumption that 3. The Agreement
a part or the entire communication relates to illegal or disallowed activities or E-COMPASS was given the order by competent authority. If the investigation is not on behalf of the competent authority, E-COMPASS BVBA may only check the messages that are public or have no The duration of the agreement of a Domain registration depends on the wanted extension. Unless confidential characteristic. This means that the information must be found on (public) WebPages, otherwise mentioned, the duration for all other products/services is 12 months. When this period messages that can be found on discussion groups or on information mailings, without limiting this has ended, tacit renewal for a similar period applies to the agreement, unless the agreement is discontinued by the customer or by E-COMPASS BVBA as described in article 3b. E-COMPASS BVBA may undertake actions that are necessary to ensure a good management of the computer system. E-COMPASS BVBA is able to grant itself access to each communication that is saved on the computer system. E-COMPASS BVBA has the right to put the services and Termination of an agreement by the customer must be made a calendar month prior to the end of systems E-COMPASS bvba has delivered to the client out of use when the client undertakes the approved upon duration. E-COMPASS BVBA has the right to terminate the agreement at any actions in violation of this article and does not partly or fully meet its obligations. moment by letter or by email, whereby the term of notice of a calendar month needs to be Apart from that, the client is still obligated to pay the bill and to reimburse the damage. considered. Termination by the customer can only be made by sending a registered letter, E-COMPASS BVBA is not liable for damage inflicted to third parties, on any ground whatever, whereby the date of the postmark applies as the date of notice. When the customer has not made caused by actions of the client as mentioned in this article. The client safeguards E-COMPASS use of the services for a period of four months, E-COMPASS BVBA has the right to close the BVBA against claims of third parties in this matter. The client may not sell, rent or place his agreement and the rights at one’s disposal, unless E- COMPASS BVBA has given the consent to do so. A username is personal and the use of it is only allowed to the customer. The client may not allow others to use his username to make use of If the price changes within 3 months after closing the agreement, this change will have no effect the services of e-COMPASS bvba or place his username at one’s disposal. on the agreed upon price. If the price changes after a period of 3 months, this change will effect The client commits himself to maintain the secretive and confidential character of the username the agreed upon price. The client has the right to terminate the agreement for a period of one calendar month by using the procedure described in 3b. Due amounts will not be credited. When The use of these identification elements happen on full responsibility of the client. In case of theft, the termination is not announced in time, tacit renewal considering the price increase is in effect. loss or misuse of these elements, the client is obligated to notify E-COMPASS BVBA as soon as The client receives a bill with the difference in price between the prior paid amount and the new total price for the remaining period of the agreement. 9. Personal data
When E-COMPASS BVBA needs to perform services for the customer, that are not mentioned in The client allows E-COMPASS bvba to process and to use the given data in a database that is the agreement, or when costs arise because the client has failed to meet their obligations and this made by E-COMPASS BVBA in the framework of the delivery of the services. The data is always results in malfunction of the execution of the agreement, these services/costs will be considered saved and managed with due observance of current (privacy-)legislation. The client may always peruse the data in the database of E-COMPASS BVBA. E-COMPASS BVBA can put the data at the disposal of the current and future shareholders of E- COMPASS BVBA and the companies in connection with E-COMPASS bvba for marketing actions The client is responsible for exceeding the agreed upon data traffic (sending text, images or data over the internet through the server of E-COMPASS BVBA to and from the website/ftp space of the customer). The client receives a bill the month after data traffic has exceeded its limits. 10. Software and Intellectual property
The client is given a non-exclusive and non-hereditary user right in connection with the software and the documentation that comes with it for the duration of the agreement. The client agrees All prices for the services and/or products of E-COMPASS BVBA will be charged from the with the Conditions and Terms concerning the software and the documentation. moment the agreement is finalized. The by the customer paid amount only applies to the services The client refuses to multiply and/or to spread and/or to make the software and the delivered by E-COMPASS BVBA and not to the costs made by the client such as telephone documentation public. When a back-up is made, the client will maintain all symbols that are costs, costs concerning cable connections or other costs to connect the system of E-COMPASS important for the property and the heritage. BVBA or transport of information between the system of E-COMPASS BVBA and the client. All The client declines to adjust the software (adding, removing software) and/or to adjust prices mentioned are VAT excluded unless otherwise mentioned. The client is not allowed to give third parties access to the software and the documentation. 5. Payment
Bills need to be paid within the period of time mentioned on the bill. If the client does not meet their obligations concerning the payment, the client is liable for the by E-COMPASS BVBA sustained damages. If E-COMPASS BVBA wishes to use a debt-recovery agency, the client will be responsible for the costs. These will amount to 15% of the total price, with a minimum of € 11. Domain names en IP-addresses
Usually (but not always) spam mails are commercial mails: they want to sell a product, from Viagra or a mortgage to Prozac and porn. Also mails containing the undesired announcements of Requesting, allocation and the use of a domain name and/or ip-addresses are dependent on and cultural events, political call ups are considered as spam. are subject to the applying rules and procedures of the registration instances (DNS.be, Internic). The instance decides over the allocation of a domain name and/or IP address. E-COMPASS But what if it’s for a good cause? Can I send these mails?
BVBA does not guarantee that an application leads to an actual result. No, you don’t have the permission to spam, even if it’s a good cause. Spam is still spam. By the The applicant can only receive a confirmation (email, letter, fax) of E-COMPASS BVBA, with the way, one person might find an organization a good cause (A call up for a demonstration or an message that the registration has been completed. A bill for the registration costs does not count autograph), the other person will find it an undesired political expression. as confirmation. The domain name is registered using the name of the client and the client is fully responsible for the use of the domain and the domain name. Can I still send a mail?
The client safeguards E-COMPASS BVBA against any claim of third parties in connection with You may only send mails when the receiver has explicit and demonstrable asked for it. This the use of the domain name, even if E-COMPASS BVBA was not responsible for the mediation. principle is called confirmed opt-in. Each other method to send many mails (opt-out, opt-in) is 12. Management of the systems of E-COMPASS BVBA
Which is exactly the good way?
E-COMPASS BVBA has the right to put their systems (temporarily) out of use and/or limit the use The owner of an e-mail address must give the explicit and demonstrable permission to be added of it without notification as far as this is necessary for maintenance or improvement or renewals of E-COMPASS BVBA has the right to make adjustments to the log-in procedure of the services. This is reliable by using the confirmed opt-in principle. Within the registration the owner of the E-COMPASS BVBA is not liable for damage of the client caused by elements mentioned in this mail address will receive a confirmation mail, with the request to finish the registration process. If he wants to be added to the mailing list the email owner must click a link in the mail. If the owner of the e-mail address doesn’t click the link, there’s a chance that someone else has given the mail 13. Dissolution
address or that the user has change his mind. If the owner of the mail address confirmed the mail, he gives you the explicit permission to send mails and add him to the mailing lists. E-COMPASS BVBA has the right to terminate or to put off the execution of the agreement if it seems that the client keeps on failing to meet his obligations, passed on false or wrong personal You can also choose for an even more secured option. When the user receives the confirmation data, sealed the agreement under false pretexts. mail, there will be a random code inside. Only with this code he can complete the confirmation. E-COMPASS BVBA has the right to terminate the agreement immediately without judicial This has as advantage that third parties can’t copy the confirmation mail. interventions if the client is in bankruptcy, is in suspension of payment, works under judicial agreement, there is seizure or if there is the inability to dispose of property or parts of it. E- It is also advisable to add an e-mail address in the confirmation mail where users can report COMPASS BVBA can undo the registration of the domain name of the client when the agreement possible abuse. If you implement this feature, it is easier for you to find out whether your mailing is terminated. E-COMPASS BVBA does not accept any liability in such. 14. Dominance
It is important that the user gives his explicit and demonstrable permission to receive the mails from the mailing list. If he doesn’t give his permission and he receives mails of the mailing list, In case of dominance, the client can never address E-COMPASS BVBA on her obligations. Dominance includes amongst other war(danger), riots, fire, water damage, frost, flooding, earthquake, strike, occupation of the company, state measures, equipment malfunctions, I have received a mail from one of your users with a complaint about spam. What now?
disruptions in the energy supply, disruptions in communication connections including We are very clear about this subject. You have to take serious action to prevent replication. We telecommunications. If E-COMPASS BVBA is unable to fulfill its obligations for more than a give one warning at best. After this we close our services. On which method we do this, depends month due to dominance, both parties have the right to terminate the agreement. on the service we close. If it’s a so-called “knownspammer”, we stop our services at once. 15. Limited liability
But the complaint is unfair.
That is something we evaluate. Attention, it is compulsory to work according the confirmed opt-in Except for the in article 6b mentioned restitution, the client can not claim any compensation of E- principle. We can ask you to discuss the complaint with the ‘victim’. If you can’t do this, then our COMPASS BVBA for whatever damage that derived from missing delivery of services. hands are tied. We will assume that your mails are spam. E-COMPASS BVBA is never liable for a (her attributable) shortcoming in the execution of the agreement for the client’s suffered damage, indirect or ensuing damage (such as for example lost Why do you take such serious actions?
profit, turnover, lost revenues) and will not pay any compensation for this kind of damage. When it comes to spam, our network and our name is in danger. Our network because we will be The client is liable for the use of his connection and all damage connected with it. included in so-called blacklists. In this case our (other) clients won’t be able to send mails to E-COMPASS BVBA´s liability is limited to direct, material damage that originated from a her various providers. Our name because we won’t be able to withhold the same level of quality in our attributable shortcoming and that amounts to maximum the sum of the total the client paid for the services. Clients will leave our company or we will overlook potential customers. This is a situation we want to prevent at any time. Damage where E-COMPASS BVBA is liable for on the grounds of these Conditions and Terms, must be communicated by writing with E-COMPASS BVBA as soon as possible, within thirty days after the origin of the damage. Damage that is not notified within these thirty days, are not eligible
for compensation, unless the client establishes the credibility of the fact that he couldn’t notify E-
COMPASS BVBA earlier.
E-COMPASS BVBA is not responsible for the security of the data that is placed in her systems by
the client. E-COMPASS BVBA is not liable for the damage of the client caused by third parties,
whether using services of E-COMPASS BVBA or not. The client guards E-COMPASS BVBA
against all claims of third parties against E-COMPASS BVBA for the damage third parties may
suffer caused by the use of the services of E-COMPASS BVBA and/or the internet by the client.
16. Abatement of debt-recovery

All legal actions of the client against E-COMPASS BVBA, including claims for restitution, expire a
year after the respectively restitution/claim originated.
17. Differences

If the client has a complaint against E-COMPASS BVBA, he must elaborate this complaint as
soon as possible, whether in writing or electronically and give E-COMPASS BVBA the opportunity
to rectify the situation.
All agreements that E-COMPASS BVBA makes are submitted to the Belgian justice, with
exception of Belgian referrals out of the Belgian International private law. In case of disputes, only
the court of Ghent is entitled to adjudicate.
18. Final Provisions

In case there are one or more phrases out of these Conditions and Terms annulled by judicial
declaration, this does not mean the other phrases of the Conditions and Terms aren’t in effect
anymore. The parties will determine new conditions, which lean as much as possible towards the
original parts, to replace the parts that are annulled.
The client does not have the right, unless he has the written consent of E-COMPASS bvba, to
assign rights and obligations out of these Condition and terms to third parties.
The client provides authorization and cooperation in advance to a complete transfer by E-
COMPASS BVBA of the rights and obligations of the agreement to a third party as far as E-
COMPASS BVBA assures fulfillment of the agreement with the client.
Changes in the authority of the client or his representation or of his agents will only come into
force after E-COMPASS BVBA has been notified in writing, even if the changes have been made
public in a public index. The client is obligated to notify E-COMPASS bvba in writing of every
change of address and/or invoice data.
The client chooses in her relationship with E-COMPASS BVBA for domicile on the address the
client has given e-COMPASS bvba the latest in writing.
The client is obligated to notify E-COMPASS bvba in case of possible bankruptcy, suspension of
payment or of judicial agreement through her curator or company owner.
The Conditions and Terms are mentioned on the E-COMPASS BVBA website (http://www.e-
COMPASS.be) and can be downloaded.
Anti-Spam Policy
What is spam?
The definition of spam is Unsolicited bulk e-mail (UBE) or: mail that has been sent in a large
amount and is undesired (Unsolicited). Undesired means that the receiver has given no
demonstrable and explicit approval for the transfer of the e-mail. If the e-mail is part of a large
amount of e-mails and almost every mail is nearly the same, we say it’s Bulk.
If a mail is undesired and it is send in Bulk, it can have a spam certification. Undesired mails are
normal and acceptable, mostly with personal contact, you ask somebody a question for his
website, etc, Bulk mails are normal and acceptable, these are mails that you receive by mailing
list or newsletters. Only the combination of undesired and bulk can transform a mail into spam.

Source: http://www.ecompass.be/resources/1/documents/eCompass_Conditions_and_Terms.pdf

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