Terms and conditions

GENERAL CONDITIONS OF SALE
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1. DEFINITIONS

The terms and expressions used in these general conditions will have the following meanings:
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Client: the natural or legal person with whom the Contract is concluded. Contract: the contract between the Customer and D-It which consists of the following documents, where applicable, the order form, confirmation by email, by fax and any annexes.
Each element is an integral part of the Contract.
D-It: having its registered office at Rue Du Stade, 52 4000 Liège VAT BE 0792293030
Services: all the services provided by D-It for which the Customer has signed a Contract with 'D-it.
Products: all products (telephone, computer, accessories) supplied by D-It
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2.OBJECT
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2.1 This document determines the general conditions relating to the provision of services and the sale of products by D-it to the Customer. By registering for the Service or purchasing a product, the Customer waives the right to apply its general conditions of purchase.
2.2 In case of contradiction between the documents the following order of priority applies:
the order form, the confirmation and any annexes thereto;
Service-specific terms;
these general conditions.
2.3 Modifications or additions to the Agreement only apply after explicit and written agreement by D-It.
2.4 D-It reserves the right to modify the general conditions at any time.
Such modification will also apply to the Contract(s) already concluded.
Changes will become effective 30 days after notification or at such other time as specified in the notification.

3. OFFERS - ORDERS - PRICES
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3.1 All offers from D-It are provided without obligation and purely indicative, so that they do not bind D-It in any way.
D-It's price lists are also not binding on the latter and may be adapted at any time, without prior notification to Customers.
3.2 Any order placed or contractual commitment entrusted by the Customer binds the latter.
However, D-It is only bound after its written confirmation or signature of a written contract.
D-It reserves the right to refuse, without any form of justification, orders or contracts relating to the delivery of products or services.
Intermediaries, representatives, agents and employees of D-It are in no way authorized to confirm an order or a contractual commitment.
Any order or contractual commitment recorded by a D-It officer or employee is valid only after written confirmation delivered either by the D-It Manager(s), or by a person expressly designated for this purpose by the Managers of D-It.
3.3 The Customer is in no way authorized to cancel an order confirmed by D-It in accordance with point 3.2, or a contract concluded with D-It for the delivery of products or services, except with the express and written authorization of D-It. In the event of a unilateral termination of the contract by the Customer, the latter is liable to D-It for a lump sum compensation of 30% of the agreed price, notwithstanding D-It's right to demand payment of a higher compensation in the event that the actual damage is proven.
3.4 D-It cannot be held responsible for the non-execution of an order or assignment following a case of force majeure, such as (but not limited to) exhaustion of stock, late delivery by D-It's suppliers, the disappearance of goods as a result of accidents, strikes, fires, floods, etc.
D-It is not required to prove the unforeseeable nature of the circumstances constituting force majeure.
D-It also cannot be held responsible in the event that a mission to deliver products and/or services cannot be carried out due to the unavailability of persons or D-It employees specially appointed for this purpose. , even in cases of force majeure.
3.5 The prices of the products (materials, equipment,) do not include transport costs, additional packaging costs, taxes and other costs, unless these are specifically indicated as included. The prices of the services include the transport and the expenses related to the servants and/or the collaborators of D-It who provide these services.

4.SERVICES – PRODUCTS
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4.1 D-It will endeavor to provide the Service and/or the Products in accordance with industry standards.
4.2. Non-exhaustive list of Products and Services:
Sale and commissioning of computer equipment and services;
Sale and commissioning of hosted IT solutions;
consultancy;
4.3. Delivery times for the Service or a product are given for information only.
The Customer is not authorized to claim damages or the termination of the Contract in the event that the delivery times have been exceeded.
4.3.1 D-It reserves the right to make partial deliveries and to invoice, where applicable, these partial deliveries separately, the Customer not having the right to refuse or suspend payment for goods already delivered .
4.3.2 The Customer is required to communicate any foreseeable delivery difficulty, directly at the time of the order and in any case within twenty-four working hours preceding delivery.
D-It can in no way be held responsible for complications or costs caused by situations such as (but not limited to) the absence of personnel when receiving the products or services, weekly markets obstructing the passage, pedestrian streets and unmarked road works, an access distance greater than 10 meters between the unloading point and the Customer's stores and/or warehouses, etc.
Insofar as the difficulties which should be taken into account during delivery have not been mentioned at the time of the order or at the latest within the twenty-four working hours preceding the execution of the delivery or the assignment and in insofar as these difficulties are greater than normal, D-It reserves the right to charge an additional fee. In the event of an impossibility of delivery due to absence of personnel during working days between 9:00 a.m. and 6:00 p.m., the Customer will in all cases be required to bear the additional transport costs. The Customer undertakes to receive the products ordered on the dates set by D-It, after having been notified by the latter.
All additional costs for express delivery and (if applicable) storage costs are always borne by the Customer, in accordance with the rates mentioned or communicated by D-It.
4.4 Deliveries are always made at the risk of the Customer, who is obliged to insure against any possible damage. The Customer is exclusively liable for deliveries made to third parties.
The goods delivered remain the property of D-It until full payment of the principal amount, costs, interest and, where applicable, compensation for late payment. Under no circumstances may the Customer dispose of the goods delivered until the payments mentioned in Articles 5.2.1 to 5.2.3 of these Conditions have been paid in full.
More specifically, the Customer may not transfer the right of ownership of the goods to third parties, pledge them, incorporate them into any real estate, assign them to any surety or privilege whatsoever before the execution of these payments.
The Customer will notify D-It in the event that the goods are stored in a space or location rented by the Customer and will communicate, where applicable, the identity and domicile or registered office of the lessor.
The Customer shall also notify D-It of any seizure carried out by a third party on the goods delivered.
The Customer undertakes to allow D-It to repossess goods that have not been fully paid for, without prior notice and regardless of their location, the costs of this removal remaining in this case payable by the Customer.
If necessary, the Customer authorizes D-It to access the locations occupied by the Customer.
4.5 The Customer is obliged to check the delivered goods immediately upon delivery for the presence of visible damage. In the case of visible damage to the packaging of the goods or visibly incomplete or non-compliant shipment, the Customer is required to refuse the goods or to accept them only subject to a written reservation countersigned on the transport documents (paper or electronic) of the carrier.
If the Customer fails to communicate this refusal or this written reservation on the transport documents (paper or electronic), D-It cannot be held responsible.
Any possible complaint during delivery for any other visible defect or for any non-compliance with the order must, to be admissible, be notified to D-It by registered letter at the latest within 2 working days following delivery and be in confirmed to D-It within the same period of 2 working days, electronically at info@d-it.org or at the number: +32 477940511
No complaint for latent defects will be admissible unless it is notified to D-It by registered letter within 15 calendar days from the discovery of the defect. No complaint relating to the mentions appearing on the invoice will be admissible unless it is notified to D-It by registered letter within 8 calendar days from the date of the invoice. Once this period has elapsed, the invoice is deemed to be irrevocably accepted by the Customer.
The examination of a complaint does not in any way imply recognition of the merits of this complaint by D-It. A complaint can never give rise to a suspension of the Customer's payment obligations. In the event that a complaint is declared justified, D-It's liability is limited in all cases to the repair and/or replacement of defective parts, the cause of which is attributable to D-It. D-It's liability does not include in any case the cost of labor, travel expenses, compensation for loss of profit, loss of profit or any other indirect damage, which remain entirely the responsibility of the Customer.
The amount of any compensation for hidden defects will in no case be higher than the price of the goods and products invoiced.
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5. PAYMENT CONDITIONS AND FINANCIAL GUARANTEE
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Invoices are sent to the Customer by e-mail. These can be sent by post if the Customer has expressly requested this beforehand.
5.1 All invoices are payable in cash on the invoice date, except for negotiated conditions
5.2 In the absence of a dispute sent by registered letter within 14 days, the invoice is deemed accepted irrevocably and unconditionally.
5.3 In the event of non-payment of the invoice on the due date, D-It will send an invoice reminder by simple letter serving as formal notice. In the event that the invoice reminder has no effect, will increase from the date of the reminder, any sum remaining due with conventional late payment interest at the annual rate of 12% with a minimum of €50 (except invoices related to the supply of IT and Telecom equipment, for which the minimum amount is set at €125), increased without prejudice to a lump sum indemnity (known as a penalty clause) of 10% with a minimum of €50 on each invoice, without prejudice to any claim in damages and other action including litigation, necessary to safeguard the interests of D-It
5.4 The defaulting Customer also bears the costs of formal notice and the search costs incurred in particular by a bailiff and/or lawyer as well as the costs of reminders and correspondence sent by registered mail by D-It and/or its advisers.
5.5 D-It may also pass on the defaulting Customer the costs of rejection in the event of refusal to debit from the Customer's bank. In addition, the Customer expressly agrees that D-It may suspend part or all of the services until full payment of all sums due by the Customer.
D-It will deactivate the customer's service(s), which will be billed at the current rate. The Customer will be able to benefit from the services again after full payment of the sums due (including interest on late payment as well as the fixed compensation) and payment of the sums payable in advance.
5.6 If the Client does not regularize his situation before the end of the month following the suspension of the services, D-It will have the right to terminate the contract as of right and without further formal notice.
5.7 In the event of non-payment or after termination, the Customer will be prosecuted for the settlement of the sums remaining due, i.e. receivables (amount of invoices due) in principal, conventional and fixed interest, the costs of formal notice and search by bailiff but also the legal costs (summons, entry and listing) and the procedural indemnity fixed in accordance with article 1022 of the Judicial Code "at the basic amount" fixed in the Royal Decree of 26 /09/07. In any case, collection and unpaid costs remain the responsibility of the Customer.
5.8 D-It reserves the right not to re-subscribe a Customer whose account has remained in debt under a previous contract.
5.9 In the event that D-It nevertheless decides to re-subscribe the customer, D-It is entitled to request a reactivation fee of €50.
5.10 The Customer undertakes to immediately inform D-It of any change in its data (such as a change of address or bank establishment, for example).
5.11 Insofar as the Contract relates to the supply of equipment, the ownership of which will be transferred to the Customer, D-It reserves the right of ownership until all payments due have been made.
5.12 Payments made by the Client will be charged first to interest and costs due and then to open invoices, notwithstanding that the Client informs that a payment is linked to a different invoice.
5.13 D-It reserves the right to modify or index the prices of the Service or the Products. The modifications are also valid with regard to contracts already concluded.
In the event of a price increase, the Customer has the right to terminate the Contract without penalty at the latest on the last day of the month following receipt of the first invoice after the entry into force of the modifications, except in the case of indexation .
5.14 D-It reserves the right to demand a guarantee from the Customer, after a delay or a payment incident or if the value of the Contract justifies it or when the information provided by the Customer is not complete or the control of these information justifies it. By "value of the Contract" it is understood that it is the total sum due by the Customer to D-It or which would be due during a period of 12 consecutive months.
5.15 If the invoice is drawn up in the name of a third party at the Customer's request, the Customer and the third party are held jointly and severally liable with respect to D-It, which in no case gives its approval for the transfer of debts by the Customer.
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6. DURATION – TERMINATION
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6.1 The Contract comes into force on the date of acceptance of the request by D-It which arises from a Contract, purchase order or from the execution of the Contract by D-It.
6.2 Notwithstanding the right to compensation and the application of article 1184 of the Civil Code, D-It is authorized to terminate the contract entered into with the Customer as of right and without any written formal notice being required if the one of the following events occurs: non-payment on the due date of a single invoice, the protest of a bill of exchange or commercial paper, presented by the Customer in payment, remaining overdrawn, as well as in death, incompetence, declaration of incapacity, liquidation, manifest insolvency or bankruptcy of the Customer.
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7. RESPONSIBILITIES
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7.1 The provision of Services and/or Products constitutes an obligation of means.
7.2 Within the framework of a product or a service related to network connectivity, D-It is responsible for the provision of the Service up to the point of connection to the Customer's network. D-It makes no warranty regarding the functioning of the Service. Except in cases of serious misconduct or fraud, D-It is not responsible for the fact that the Service is interrupted or that its quality is reduced.
7.3 Under no circumstances can D-It, including its employees, agents, subcontractors and suppliers, be held liable in particular for the following:
§ the fact that the Service and/or the product does not meet the objectives set by the Customer;
§ the content of the information transmitted or made accessible by the Customer via the Service to third parties and vice versa;
§ any abuse or fraudulent use of the Service by the Customer or a third party;
§ technical problems or breakdowns and breakdowns of the network and the maintenance of the telecommunications equipment necessary for the Service, such as the telephone connection, the (computer) hardware and the related software;
§ the choice, use and objectives pursued by the Customer within the framework of the Service;
§ the time between the time the Service is requested and its actual delivery or connection, any late connection or rejection of the Service request;
§ the costs, compensation or damages caused by the fact that the Customer does not respect the obligations resulting from the Contract;
§ a violation by the Customer of the legal provisions;
§ all possible damages concerning the transmission of information, computer files or data, likely to arise as a result of the use by the Customer of the Service, the network and the equipment relating to the
Service ;
§ the time of access to the Internet, delays in the transmission of data or their quality and any restrictions on access to networks and servers connected to the Internet.
7.4 D-It cannot be held responsible for any indirect damage whatever the type of action brought, whether material or immaterial and in particular for excess staff or technical unemployment, any provision, any loss of profit, loss of data, income, profits, opportunities, customers and/or orders, reduction of commercial prospects, increase in expenses or insufficient reduction in projected savings, independent of the foreseeable nature of these.
7.5 The Customer shall indemnify D-It against all costs, indemnities, damages, actions, expenses and proceedings arising from actions brought by third parties relating to the acts, faults or negligence of the Customer.
7.6 In all cases for which D-It is liable to the Customer under the Contract, D-It's total liability shall be limited to the lower of all payments which have been made under the Contract. , by the Client to D-It in the period of 6 months preceding the incident which gave rise to D-It's liability, or €500.
7.7 Complaints or disputes relating to the Services and/or products provided by D-It must always be sent by registered letter to D-It:
§ in case of delivery of products within 10 working days after delivery;
§ in the event of provision of a Service within 10 working days after the connection or the disaster.
In the absence of a dispute, the Services and products provided will be deemed to have been accepted irrevocably and unconditionally.
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8. SUSPENSION – TERMINATION
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8.1 D-It reserves the right to suspend the provision of a Service or the delivery of a product in the event of breach of a contractual obligation by the Customer and subject to the sending of a written formal notice. D-It reserves the right to claim the costs for the return to Service.
8.2 D-It has the right, without prejudice to its right to claim damages, to terminate the Contract (and therefore to interrupt the delivery of the Service definitively) as of right without formal notice and without prejudice the Customer's obligation to pay the amounts due:
§ if the contractual fault mentioned in article 8.1 persists;
§ if the guarantee in accordance with article 5.1.14 has not been paid by the date fixed by D-It;
§ if the Customer is in a state of bankruptcy, insolvency or in cessation of payments, or if his credit is shaken, or in the event of liquidation or dissolution of the Customer;
§ if the Customer requests a grace period from one or more of his creditors;
§ if a seizure is made on all or part of the Client's property at the request of a creditor or in the case of other enforcement or preservation measures against the Client's property;
§ if there is evidence or strong presumptions of fraud on the part of the Customer or if the Customer has provided false information;
§ in the event of abnormal increases in the Customer's consumption costs;
§ in the event of an order or mandate from the administrative or judicial power.
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9. CLOUD SOLUTIONS SPECIFIC CONDITIONS
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9.1 D-It reserves the right to modify the configuration of the network, equipment or passwords, provided that the quality of the Service is not significantly altered.
D-It will endeavor to notify the Customer in time of such modification. D-It may, to the extent necessary, interrupt the Service for operational reasons or in the event of emergency maintenance.
9.2 D-It will endeavor to ensure robust security of the Service.
D-It cannot, however, be held liable for damages suffered by the Customer and/or a user or third parties as a result of insufficient protection.
In the event that the Customer and/or a user has observed or suspected that third parties have accessed the Service in an illicit manner, for example by using the password of the Customer and/or the user, the Customer will notify D -It within 5 business days.
D-It rejects any kind of responsibility for damages suffered by such illicit access to the Service.
9.3 D-It provides the Customer with a Technical Assistance Service for the removal of faults and difficulties by means of the number +32 477940511 or by email at the address.
9.4 The Contract is concluded for a minimum period of 12 months, unless otherwise stipulated in the conditions specific to the Service or in the order form.
9.5 If the Customer wishes to terminate a Contract prematurely before its expiry, a termination indemnity will be due corresponding to the entire total monthly cost of the period still remaining.
At the end of the initial term, the Contract will be automatically renewed for a period of 12 months.
Each party shall have the right to terminate the Agreement in writing at any time subject to two months' notice.
9.6 Terminations must always be made by registered letter.
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10. FORCE MAJEURE
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0.1 Neither party can be held liable for any damage suffered by the other party if the party does not respect the commitments which result for it from the Contract, with the exception of the commitments to pay a sum of money, as a result of an event of force majeure.
10.2 Are assimilated to events of force majeure, unforeseen circumstances which are likely to prevent the execution of the Contract or which encumber it and/or make it disproportionately expensive to the point that one cannot reasonably demand from the other party strict compliance with the Contract. In particular, the following are therefore considered to be events of force majeure: strikes, headquarters of a company, epidemics, breach of contract or shortages at D-It's suppliers, natural disasters or legal or administrative restrictions.
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11. TRANSFERS – SUBCONTRACTING
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11.1 The Customer may not assign, either fully or partially, its rights and obligations arising from the Contract to third parties, except after prior written authorization from D-It.
11.2 D-It shall have the right to assign, in whole or in part, its rights and obligations arising from the Contract to third parties, without the Customer's authorization.
11.3 D-It reserves the right to entrust one or more subcontractors with the total or partial performance of the Contract without discharging its contractual obligations with regard to the Customer.
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12.PROTECTION OF PRIVACY
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12.1 The personal data transmitted by the Customer is recorded in D-It files.
D-It processes the Customer's personal data for the following purposes: supply and invoicing, interconnection with other service providers and its invoicing, dispute management, management of the relationship with the Customer, market research, production of directories and services of information or directories of URL addresses, the fight against fraud and infringements, the control of quality of service, the sending of commercial information and the realization of campaigns to the Customer on the products and the Services of D-It and other companies to which
D-It is bound by contract.
The data will only be communicated to third parties for the purposes specified above. The Customer may object to the processing of personal data for direct marketing purposes by contacting D-It's customer service on 0477940511 or by email at info@d-it.org.
12.2 The Customer's data will be kept in accordance with the retention periods provided for by the legislation and regulations in force.
12.3 The Customer has the right to access and rectify his personal data.
12.4 Additional information concerning the protection of privacy with regard to the processing of personal data can be obtained from the CPVP (Commission de la Protection de la Vie Privée):
§ Contact :
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13. ADMISSIBILITY – APPLICABLE LAW – JURISDICTION
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13.1 Any dispute concerning the performance or interpretation of the Contract must be submitted by the Client, under penalty of inadmissibility, within 6 months of the occurrence of the cause underlying the action.
13.2 The Contract is subject to Belgian law. Only the courts of Liège are competent.
13.3 The Customer acknowledges that communication by e-mail communicated by D-It has the force of written proof.
13.4 D-It cannot be held responsible for the customer's failure to comply with the various laws and regulations to which it is subject (in the context of the acquisition, installation and use of the products and/or services acquired from D-It
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14.VARIA
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14.1 If a provision of this Agreement is declared void by the application of a law, regulation or judicial or administrative decision, the other provisions shall retain their full effect.
14.2 The fact that one of the parties tolerates a situation or does not exercise or enforce one of the rights conferred on it by this Contract cannot be considered as a waiver of this right (or of any other right ).
14.3 None of the parties can claim by the conclusion of the Contract the constitution of any particular legal structure or partnership contract, joint venture, agency contract or any other form of collaboration between the parties.
14.4 The Contract comprises the entirety of the agreements between the parties and supersedes all prior agreements, understandings, offers, demands and declarations, concerning the subject matter of the Contract.