Article 1: Introduction
These general conditions form an integral part of all contracts concluded between VISITONWEB and its customers, who, as a result, acknowledge having read them and having accepted them without reservation. They prevail over any other general conditions appearing on customers’ letters, vouchers or documents, unless otherwise stipulated accepted in writing by VISITONWEB. During negotiations between the parties, the documents exchanged do not define themselves as contractual documents as such. The only act of engagement is therefore this contract, approved and signed by the contracting parties. Verbal commitments made by our delegates are only binding upon written confirmation, duly signed by the Service Provider. The services are provided by the members of the team and detailed in the contract proposal. The Service Provider may modify, update or correct these conditions if necessary, in order to take into account legislative, regulatory, jurisprudential and / or technical changes.
Article 2: Deadlines
The duration of the project and the intervention by the Provider for the Customer are mentioned in the contract proposal. The deadlines are given for information only. A delay in the agreed deadlines cannot give rise to damages. Any modification of the work in progress must be expressly requested by the Client. The Client accepts that any new request may result in the adaptation of the time limits and / or the price of the service. The parties will distinguish between modifications and additions.
Article 3: Terms of services
It is the Customer’s responsibility to provide the Service Provider with the information, software and hardware necessary for their intervention. In the case of services to the Customer, the hourly rate of the Service Provider runs from the seat of the Service Provider until return to the seat of the Service Provider.
Article 4: Financial conditions
All prices are exclusive of VAT.
The price and the terms of payment appear in the contract. The Service Provider considers that a valid order only signed by the customer, accompanied by the payment of the chosen formula.
The prices of the services are determined and the user cannot claim any total or partial refund if he cancels his services before the expired term, which term is determined according to the chosen formula. The user expressly accepts that as soon as his order is placed and paid, he waives any right of withdrawal and total or partial refund of this order.
Article 5: Obligations and responsibilities of VISITONWEB
VISITONWEB undertakes to take all the care and diligence necessary to provide a quality Service in accordance with the customs of the profession and the state of the art. VISITONWEB only responds to an obligation of means.
VISITONWEB will not be held liable if the performance of the contract, or of any obligation incumbent on VISITONWEB hereunder, is prevented, limited or disturbed due to fire, explosion, failure of the transmission networks, collapse of the installations accommodation, epidemic, earthquake, flood, blackout, war, embargo, law, injunction, request or requirement of any government, strike, boycott, withdrawal of authorization from the communications operator, withdrawal of authorization from the host or other circumstance beyond the reasonable control of VISITONWEB (“Force Majeure”). VISITONWEB, subject to prompt notification to the Customer, shall be exempt from the performance of its obligations within the limits of this impediment, limitation or inconvenience, and the Customer will likewise be exempt from the performance of its obligations within the extent that the obligations of this party relate to the performance thus prevented, limited or disturbed, provided that the affected party makes its best efforts to avoid or remedy such causes of non-performance and that both parties proceed promptly as soon as such causes have ceased or been eliminated. The party affected by a Force Majeure Event must keep the other party regularly informed by email of the forecasts for the deletion or reinstatement of this Force Majeure Event. If the effects of a Force Majeure Event were to last for more than 30 days, from the notification of the Force Majeure Event to the other party, the contract may be automatically terminated at the request of one or the other party, without right of indemnity on both sides.
The repairs due by VISITONWEB in the event of failure of the Service which would result from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage such as, in particular, commercial damage, loss of order, damage to the brand image, any commercial disorder, loss of profits or customers.
In any event, the amount of damages which could be charged to VISITONWEB, if its responsibility was engaged, will be limited to the amount of the sums actually paid by the Client to VISITONWEB for the period considered or invoiced to the Client by VISITONWEB or the amount of the sums corresponding to the price of the service, for the part of the Service for which VISITONWEB has been held responsible. The lower amount of these sums will be taken into account in application of the provisions of article 15 of this contract.
Article 6: Intellectual properties
VISITONWEB will own all rights, property rights and interests, including all applicable Intellectual Property Rights relating to the Technology, Content and Service of VISITONWEB as well as suggestions, ideas, requests for improvement, feedback, recommendations or other information provided by the Customer or another party regarding the Service. This Agreement does not confer on the Client any property right relating to the Service, VISITONWEB Technology or Intellectual Property Rights held by VISITONWEB. The VISITONWEB name, VISITONWEB logo and product names associated with the Service are trademarks of VISITONWEB or third parties, and no rights or licenses are granted for their use.
Article 7: Obligations and responsibilities of the Client
The Client undertakes to have the power, the authority and the capacity necessary for the conclusion and the execution of the obligations provided for herein. The Customer undertakes to communicate his exact contact details and banking information to VISITONWEB. The Customer alone will bear the consequences of the malfunction of the service following any use, by the members of his staff or by any person to whom the Customer has provided his (or his) password (s). Similarly, the Customer alone bears the consequences of the loss of the aforementioned passwords. The customer undertakes to provide fair, sincere and current information to the Service Provider for all the information necessary for the performance of its services. The customer makes it a duty to update this information if necessary.
The customer is fully responsible for the texts, video and audio materials, images, photographs or any other material or content that he posts or shares via our applications. He is required to use the tools responsibly. In particular, it will not publish content that contravenes the laws or rights of third parties or that contains discriminatory, insulting, obscene or defamatory acts or statements or that may offend third parties for reasons of nationality, ethnicity, gender , sexual orientation, religion, belief or disability.
The customer knows that we do not control all of the content generated or shared on our applications and that we are under no obligation to do so. However, we reserve the right to control this content and to modify, delete or move without notice any content that we deem unacceptable. The opinions expressed via our applications are not those of VISITONWEB, our subsidiaries, our licensors or our partners. If the customer notices an infringement of any content in these Special Conditions, he must report it to us.
Article 8: Technical support
To be duly taken into consideration by VISITONWEB, the Customer is informed that any request for assistance on his part must be made by e-mail to the address [email protected].
Article 9: Prices
The services or services ordered are mentioned in the order form; they are understood to be exclusive of tax unless otherwise indicated and are payable in euros.
VISITONWEB reserves the right to modify its prices at any time, subject to informing the Customer thereof by e-mail or by online warning on the site www.visitonweb.com, one month in advance if the new prices do not taxes are less favorable to the Client. In this case, the Customer will have from this information a period of one month to terminate this contract without penalties. Otherwise, the Customer will be deemed to have accepted the new rates. The price changes will be applicable to all contracts and in particular to those in progress.
VISITONWEB reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
The services provided by VISITONWEB are payable upon order. The Customer is solely responsible for the payment of all sums due under the VISITONWEB service contract. By express agreement and unless postponement requested in time and granted by VISITONWEB in a specific and written manner, the total or partial failure to pay by the due date of any sum due under the contract will automatically and without prior notice:
- the immediate payment of all sums remaining due by the Customer under the contract, regardless of the method of payment provided;
- the suspension of all current services, whatever their nature, without prejudice to VISITONWEB to use the right to terminate the contract;
- the impossibility of subscribing to new services or of renewing them;
- the application of interest until the day of actual payment at a rate equal to one and a half times the legal interest rate in force in
- Belgium as well as a fixed compensation of 15%.
Any disagreement regarding billing and the nature of the services must be expressed by email to the address info @ visitonweb.com within one month after issuance of the order form.
In the event that costs are incurred by VISITONWEB, VISITONWEB will inform the Customer thereof and communicate the supporting documents and the corresponding invoice. The Customer must then pay the amount due in euros.
Article 10: Payment
Depending on the product purchased, payment is made either:
- by an online payment link sent by VISITONWEB, the authorization will give rise to the establishment of an advance and recurring payment (monthly or annual) as long as the services are active.
- online on the VISITONWEB webshop.
The service subscribed by the Customer is executed from the start date mentioned in the contract for the sale of the service, unless special mention is made by VISITONWEB.
For any exchange of information by email, the date and time of the VISITONWEB server will prevail between the Parties. This information will be kept by VISITONWEB throughout the period of contractual relations.
Unless VISITONWEB expressly specifies otherwise, payment for the Service is invoiced on a monthly or annual basis (depending on the choice made when signing the contract) and no reimbursement will be made.
Article 11: Duration of the contract and termination
The duration of the service is that provided for when the contract is signed.
The contract for a website for a real estate agency is concluded for an initial period of 12 months, and is then tacitly renewed for an indefinite period. This contract is subject to recurring payment, monthly or yearly depending on the formula chosen.
For a termination before expiry of the contract, the Client is free to terminate the contract subject to 3 months’ notice and this against payment of any sums remaining due until the expiry date of the contract (if termination before the first term 12 months). The Customer cannot claim reimbursement by VISITONWEB of the sums already paid.
Each party may automatically terminate the contract without compensation in the event of force majeure lasting more than thirty days.
In all other cases of failure by one of the parties to one or other of its obligations under the contract not repaired within 30 days from either an email sent by the notifying complainant the breaches in question, or any other form of authentic notification sent by the said party, the contract will be automatically terminated, without prejudice to any possible damages which may be claimed from the defaulting party.
The date of notification of the letter containing the breaches in question will be the date of the postmark, when the letter is first presented.
In the event of bankruptcy, composition, judicial liquidation or / and any similar procedure establishing in particular a state of cessation of payment and credit disturbance on the part of the client, this contract will be automatically terminated, ipso jure, without notice or compensation payable by the party who gives notice.
Article 12: Operating conditions
The Client hereby acknowledges that fluctuations in bandwidth and the vagaries of the access provider and / or the host, if any, are elements which may cause discontinuity in the services offered by VISITONWEB, and outside its means techniques.
In addition, the service is restricted, limited or automatically suspended by VISITONWEB:
- if it appears that the Customer uses the services provided to him for an activity, whatever it is, which does not comply with these general conditions;
- if VISITONWEB receives a notice to this effect notified by a competent, administrative, arbitral or judicial authority, in accordance with the applicable applicable laws, or by a third party.
Article 13: Level of service
VISITONWEB undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. It only responds to an obligation of means.
VISITONWEB undertakes to:
- Ensure access to the service 24 hours a day every day of the year. (VISITONWEB will inform the Customer, as far as possible, within a reasonable time, by email or through the www.visitonweb.com site, of a possible interruption of the service
- Respond quickly in the event of an incident.
- Ensure the maintenance at the best level of quality of its tools.
Article 14: Tolerance
The fact that VISITONWEB does not take advantage at any given time of any of these general conditions and / or tolerates a failure by the other party to any of the obligations referred to in these general conditions cannot be interpreted as equivalent to waiver by VISITONWEB to invoke any of these conditions at a later date.
Article 15: Modification
The general and specific conditions online prevail over the general and specific conditions printed. The parties agree that VISITONWEB may, as of right, modify its service without any other formality than to inform the Client thereof by an online warning and / or to modify it in the online general conditions.
Article 16: General provisions
The nullity of one of the clauses of the contract for the provision of services subscribed to VISITONWEB, in application in particular of a law, a regulation or following a decision of a competent Jurisdiction which has become final. ‘will not invalidate the other clauses of the contract for the provision of services which will keep their full effect and scope. In this case, the parties shall, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and the purpose of the Contractual Conditions.
The titles of the articles of the General Conditions of Service are for the sole purpose of facilitating references and do not of themselves have any contractual value or particular meaning.
This agreement is concluded intuitu personae. It cannot be transferred, in whole or in part, for a fee or free of charge, by the Client without the prior, express and written agreement of the Provider.
The dates indicated in the contract proposal may change depending on technical constraints and elements beyond the control of the parties and are only indicative unless expressly stipulated. In the event that the Client is late in providing the Provider with data necessary for the execution of the project, The Provider reserves the right to modify the execution schedule and to inform the Client thereof.
By this contract, no indication, no document will be able to generate obligations under the present if it is not the subject of an addendum signed by both parties.
The Service Provider may make reference to the promotion of its activity, in the name and in the work provided to the Customer.
At the request of the Client, a confidentiality agreement may be concluded between the parties.
Article 17: Attribution of jurisdiction
In the event of a dispute with a customer not considered to be a consumer within the meaning of the Consumer Code, express jurisdiction is attributed to the Commercial Court of Liège (Belgium), notwithstanding the plurality of defendants or calls for guarantees, including for emergency measures , conservatories in summary proceedings or on request.
Article 18: Applicable law
This contract is governed by Belgian law. This is the case for the substantive rules as for the rules of form, excluding, on the one hand, the conflict rules provided for by Belgian law, and on the other hand, the provisions of Belgian law which would be contrary to this Agreement. Any legal action for non-performance by the Service Provider of its delivery obligation, including complaints of non-compliance or hidden defect, will be time-barred 6 months after the delivery date and at the latest within 6 months following the sending by the customer of a letter questioning the Provider. In the event of an action based on hidden defects, the limitation period of 6 months starts from the discovery of the defect.