General Conditions
1. Definitions
1.1 The following terms in these General Conditions are determined as follows. Defined terms are capitalized in the text.
Account: Webspace on behalf of the client, which is protected by a username and password authentification.
Account Data: username and password of the Account
Colocated hosting: Placing a Webserver on behalf of the Client in a room within a data centre, which is at the disposal of IT Solutions Swaenepoel BVBA. The Webserver is property of the Client.
Data traffic: All data flows from and to the Webspace of the Client; including among other things web traffic (www), e-mail and FTP traffic.
Dedicated hosting: placing a Webserver for exclusive use at the disposition of the Client.
Services: The exploited products and services by IT Solutions Swaenepoel BVBA. Among these the request and registration of Domain names, Webhosting of all electronic information of Domain names hosted by IT Solutions Swaenepoel BVBA on request of the Client, Dedicated hosting, Colocated hosting and all other additional and support services are comprised.
Domain name: a unique Internet address that, for example, can be used for a Website of an e-mail address.
E(lectronic)- mail: sending electronic messages via the Internet.
E-mail address: an address code in the name of the Client for the exchange of electronic messages via the Internet.
Manual: documentation of Account accessibility, which IT Solutions Swaenepoel BVBA puts at the disposal of the Client during the term of the contract.
The Internet: a worldwide network of computers that can be used to exchange information.
Login procedure: the procedure laid down by IT Solutions Swaenepoel BVBA to allow the client to access his or her account.
Netiquette: generally accepted rules of conduct on the Internet pursuant to RFC 1855 and future provisions.
Client: a natural or legal person with whom a Contract of delivery of services with IT Solutions Swaenepoel BVBA is entered into.
Contract: every mutual agreement either in writing or by e-mail concerning the services of IT Solutions Swaenepoel BVBA. Electronically placed orders are specifically included.
Registration of personal data: the personal data, account data and, if applicable for issuing an invoice and if possible, the user Traffic data that IT Solutions Swaenepoel BVBA collects and saves as to be able to charge to the Client’s account.
Reseller: a Client with access to the Reseller module.
Reseller module: a closed Website on which Clients can login through a separate login procedure. The Reseller module is directed at Service wholesalers.
In writing: an announcement on paper.
Script: a combination of preprogrammed computer tasks in a file.
Webhosting: offering a permanent broadband connection via a Webserver with the Internet in combination with an Account.
Webspace: hard drive space on a Webserver that IT Solutions Swaenepoel BVBA puts at the disposal of the Client as to send and receive e-mail, website or Webserver and other services of IT Solutions Swaenepoel BVBA.
Webserver: a computer connected to the Internet through multiple datalines with one or more Accounts.
Website: one or more integrated webpages.
2. Applicability of the contract
2.1 If not deviated In writing from these conditions by mutual consent by either party, these General Conditions apply to every offer of, order received by or Contract with IT Solutions Swaenepoel BVBA.
2.2 General Conditions of the Client and/or third parties are not applicable and are not binding upon IT Solutions Swaenepoel BVBA.
2.3 These general conditions (the “General Conditions”) are applicable to the delivery of services as well as to the sale of products by IT Solutions Swaenepoel BVBA. The General Conditions are agreed to by the Client when filling out an order form or assigning a task. The complete and only Contract between both parties consists of the General Conditions and every specific agreement and replaces all previous oral or written agreements, proposals, promises, engagements or communication related to the subject of the specific Contract. Divergent conditions of the Client are not applicable to nor enforceable on IT Solutions Swaenepoel BVBA.
3. Offer and acceptation
3.1 All offers from and quotations by IT Solutions Swaenepoel BVBA are free of engagement except when mentioned otherwise In writing or by e-mail by IT Solutions Swaenepoel BVBA.
3.2 After acceptance offers cannot be reversed.
3.3 An offer or quotation by IT Solutions Swaenepoel BVBA has a period of validity of fifteen (15) days unless mentioned otherwise.
3.4 IT Solutions Swaenepoel BVBA is at all times authorized to refuse the applicant without reason.
4. Commencement of the Contract
4.1 The Contract shall become effective when the following conditions are fulfilled:
* the application or contract form is offered by the Client;
* the application is received in full and accepted by IT Solutions Swaenepoel BVBA;
* the application is confirmed to the Client by e-mail by IT Solutions Swaenepoel BVBA.
4.2 By way of derogation from article 4.1 when requesting a Domain name the Contract shall become effective on the date of registration of the Domain name.
4.3 Either party is free to prove the existence of present Contract with other means.
4.4 Additional provisions and modifications of present Contract can be made In writing or by e-mail.
5. Term and termination of the Contract
5.1 The Contract is entered into for a period of twelve (12) months, unless mentioned otherwise. Premature termination is not possible.
5.2 Upon termination the Contract shall be tacitly renewed for a period of twelve (12) months, unless mentioned otherwise.
5.3 The Contract can only be terminated through notice of termination after expiration of the minimum term. Specifically stated is that the migration of a Domain name to another service provider shall not be considered a termination of the Contract.
5.4 Notice of termination is to be in writing considering a two (2) months’ notice period before termination of the term agreed upon. Notice of termination can be by mail or by fax, on the understanding that the term of notice will commence on the day IT Solutions Swaenepoel BVBA receives the notice of termination. Upon termination private particulars and Domain name are to be mentioned. The notice of termination shall be executed by the Client.
6 Delivery and delivery period
6.1 The Services will be provided after the execution of the Contract and after the order and provision of the necessary particulars and documents, In writing or by e-mail, stipulated by IT Solutions Swaenepoel BVBA.
6.2 A fixed delivery period shall not be regarded as a final date. If a fixed delivery period is likely to be exceeded, this will be communicated to the Client as soon as possible. Beyond IT Solutions Swaenepoel BVBA’s reasonable control the term of exceeding will be prolonged with a period of force majeure.
6.3 At the request and registration of a Domain name a maximum delivery period of two (2) weeks has to be taken into account.
6.4 The periods of delivery given by IT Solutions Swaenepoel BVBA are only to be used as an indication and are not legally binding, unless specifically stated otherwise. The delivery periods are expressed in working days. A delay in delivery shall not give the right of entitlement to damages or avoidance of an order. Every complaint concerning the delivery is to be communicated In writing by the Client to IT Solutions Swaenepoel BVBA within eight (8) working days, commencing on the date of delivery or the date of commencement of the services.
7. Force majeure
7.1 Everything in jurisprudence and law considered Force majeure is applicable to the Contract, more specifically all external factors beyond IT Solutions Swaenepoel BVBA's reasonable control, and as a consequence of which IT Solutions Swaenepoel BVBA is not able to fulfill its obligations towards the Client. Included but not limited to are interruptions in the connection to the Internet, malfunctions of the telecommunication infrastructure, malfunctions in the networks and malfunctions as a consequence of unlawful actions of third parties.
7.2 During the period of Force majeure delivery obligations and other obligations of IT Solutions Swaenepoel BVBA are suspended. If the period of suspension takes longer than three (3) weeks either party is authorized to terminate the Contract without judicial intervention, but not allowing the opposing party to submit a claim for damages.
8. Rates
8.1 All prices mentioned on the Website of IT Solutions Swaenepoel BVBA and prices agreed upon are exclusive of tax, unless stated otherwise.
8.2 IT Solutions Swaenepoel BVBA reserves the right to adapt prices and other costs at any time. Modifications will be announced by e-mail not later than two (2) months before coming into force. The price change applies to the Contract agreed on, commencing on the extension of the Contract as meant in article 5.2 of these General Conditions. The Client is authorized to terminate the Contract without judicial intervention before the modification comes into force, if the Contract was entered into not later than three (3) months prior to the price change.
9. Terms of payment
9.1 The liability to pay of the Client takes effect on the day the Contract was realized. The payment refers to the period commencing on the day the Contract was realized up to and including the day of the lawful termination of the Contract.
9.2 The payable compensation due to the Contract is exclusive of tax and other possible charges ensuing from legal requirements. The Client is due the costs ensuing from these legal requirements.
9.3 Depending on the term of the Contract the payable compensation shall be paid in advance per year, unless agreed on otherwise. All incidental costs will be charged to the Client separately.
9.4 IT Solutions Swaenepoel BVBA shall send an invoice to the Client for all compensations due to the Contract. The Client is obligated to pay not later than fifteen (15) days after the date of invoice. Possible complaints concerning the delivery or services cannot be seized as a pretext to suspend or delay any payable compensation. Nonexistence of protest In writing concerning an invoice within seven (7) working days as from the date of sending implies an irrevocable acceptance of the invoice and mentioned prices, products and services. If the invoice is not paid on the expiry date a legal rate of interest of one (1) per cent for each month is due without proof of default, taking into account that every commenced month is considered payable. In the event of any late payment by the Client, IT Solutions Swaenepoel BVBA reserves the right to charge administrative costs of € two hundred and fifty (250). All additional costs as a result from exacting payment from the Client through legal procedures, including lawyers’ fees (estimated at at least € five hundred (500) per case), shall be at the expense of the Client. In case of nonfulfilment IT Solutions Swaenepoel BVBA reserves the right to (temporarily) suspend the Service.
9.5 If the Client fails to pay the costs within the term of payment stated in article 9.4, the Client will receive a reminder. With that a new term of payment shall be fixed. In the event of nonfulfilment within this second term of payment the Client is legally, which means without further proof, in default. In that case the Client will be due the late-payment interest on the outstanding invoice price. Also all reasonable costs due to the obtaining of the payment with and without legal actions are at the expense of the Client. The late-payment interest, which equals the legal interest, shall be due from the moment the Client is in default until the moment of collection.
9.6 In case of direct debit the Client is in default from the moment the payable compensation cannot be collected through the Client.
9.7 If the Client holds the opinion that the payable compensation is incorrect, the Client has the right to lodge a complaint against the amount due by registered letter within seven (7) working days after the date of invoice. After receiving the complaint IT Solutions Swaenepoel BVBA will inquire into the accuracy of the invoice price. When lodging a complaint the liability to pay remains unaltered in any way and has no suspensive effect.
9.8 If a higher amount is unintentionally collected, IT Solutions Swaenepoel BVBA will reimburse the surplus immediately after the first request of the Client.
10. Rescission
10.1 If the Client does not -or not in time or adequately- comply with any obligations ensuing from a Contract entered into with IT Solutions Swaenepoel BVBA and/or from these General Conditions, or the Client is not likely to be able to meet his or hers contractual obligations to IT Solutions Swaenepoel BVBA, IT Solutions Swaenepoel BVBA reserves the right to suspend Service(s) at any time, without proof of default or judicial intervention, or to annul the contract completely or partially, without being subject to damages and without losing any of its rights.
10.2 Without prejudice to the provisions in section 14 of these General Conditions, IT Solutions Swaenepoel BVBA reserves the right to annul the Contract and/or to suspend Service(s) taking effect at once if the Client:
* has given false or wrong private particulars to IT Solutions Swaenepoel BVBA;
*has entered into the Contract under false pretences;
*is violating the provisions in section 12 of these General Conditions;
*is illegitimately using the Internet;
*is diffusing information which is against national and/or international legislation;
*is diffusing information which is against the generally accepted values;
*is diffusing information which is discriminating against appearance, race, religion, sex, culture, origin or which could be considered offensive;
*is in a state of bankruptcy or has filed a bankruptcy petition;
*has filed a judicial composition;
*has lost control over his means;
*is under legal restraint or disbanded.
10.3 The circumstance under section 7.2 and 8.2 of these General Conditions is considered a reason for rescission without judicial intervention.
10.4 In case of rescission of the Contract IT Solutions Swaenepoel BVBA is authorized to terminate the registration of the Domain name. After rescission of the Contract the Client shall not be represented anymore by IT Solutions Swaenepoel BVBA. Upon termination of the registration the use of the Domain name will be denied and de registration of which will be cancelled in the register.
10.5 If in case of rescission of the Contract the Client is using the Reseller module, IT Solutions Swaenepoel BVBA is authorized to take over the database of customers/clients of the Client, as to offer these customers/clients the possibility to keep using the services of IT Solutions Swaenepoel BVBA.
11. Obligations of IT Solutions Swaenepoel BVBA
11.1 As a good service provider IT Solutions Swaenepoel BVBA undertakes to:
* providing the Service(s) stipulated in the Contract;
* maintaining the connections that can be made through the system with the Internet;
* secure the saved data.
11.2 IT Solutions Swaenepoel BVBA cannot guarantee unrestricted access to the system and the Internet, nor the use of the Service(s) at any time.
11.3 IT Solutions Swaenepoel BVBA refrains from looking at personal e-mail and/or files of Clients and will not put these at the disposal of third parties, unless IT Solutions Swaenepoel BVBA is legally obligated, or if the Client is acting –or suspected of acting- in violation with section 12 of these General Conditions.
12. Obligations of the Client
12.1 The Client is obliged to pay compensation as determined in section 9 of these General Conditions.
12.2 The Client shall adopt an attitude and behave himself as can be expected from a responsible and careful Internet user. The Client will notify IT Solutions Swaenepoel BVBA as soon as possible in Writing or by e-mail of any changes in particulars relevant to IT Solutions Swaenepoel BVBA.
12.3 The Client shall not use the system and Web space for actions and/or behavior in violation with the applicable statutory provisions, the Netiquette, the directives of the Advertisement Code Committee, the Contract and/or these General Conditions. Included but not limited to the following actions and behavior:
* the uncalled sending of e-mail with similar content and/or the posting of recruiting messages in newsgroups on the Internet (spamming). By this any spam is understood that is send via any other service provider with reference to a Website, Domain name, e-mail address or other Service of IT Solutions Swaenepoel BVBA;
* illegal copyright infringement of protected works or acting in violation with intellectual property rights of third parties;
* publicizing and/or distributing child pornography;
* illegally entering other computers or computer systems on the Internet (hacking);
* sexual intimidation or bothering other persons in any other way.
12.4 The Client refrains from obstructing other Clients and/or Internet users and/or causing damage to systems. The Client shall not start up processes or programs, whether or not via the Webserver, which can cause IT Solutions Swaenepoel BVBA, other Clients and/or Internet users any discomfort or damage. By this also indirect damage because of misconfiguration by the Client is specifically mentioned, included but not limited to ‘open relaying' through a wrongly configured Webserver. IT Solutions Swaenepoel BVBA reserves the right to (temporarily) suspend the Service(s) when detecting nuisance or the causing of damage. IT Solutions Swaenepoel BVBA will notify the Client of this, unless such may reasonably not be expected from IT Solutions Swaenepoel BVBA. At this the Client shall never be entitled to damages of any kind.
12.5 The Client is allowed to use Scripts, provided that these Scripts are properly configured. IT Solutions Swaenepoel BVBA reserves the right to (temporarily) suspend the Service(s) when detecting nuisance as a result of a badly configured Script or a frequently consulted Script. IT Solutions Swaenepoel BVBA will notify the Client of this, unless such may reasonably not be expected from IT Solutions Swaenepoel BVBA. At this the Client shall never be entitled to damages of any kind.
12.6 The Client is personally responsible for the use of his Account at all times. In addition the Client is obligated to save his Account data conscientiously and to keep the data secret. If the Client thinks that a third party has accessed the Service unlawfully, the Client is obligated to report this immediately to IT Solutions Swaenepoel BVBA. This report can be directed to the following e-mail address: abuse@swaenepoel.com.
12.7 The Client is not allowed to abuse his Account, the User Manual or other rights ensuing from the Contract, nor shall the Client hand over or give the use of these rights to third parties without prior permission In writing from IT Solutions Swaenepoel BVBA. Without prejudice to premises the Client is allowed to have a Website designed, placed and maintained by a third party.
12.8 The Client provides the hard and software, configuration, peripheral equipment and connections necessary to access the system.
12.9 The Client is responsible for the storage of backups and other relevant data. IT Solutions Swaenepoel BVBA cannot be held responsible for loss of aforementioned data.
12.10 The Client is bound by the volume of Webspace as specified in the Contract. The Client undertakes not to exceed this volume.
12.11 If the Client agrees to the Contract he or she gives permission to IT Solutions Swaenepoel BVBA to take down his or her private particulars in the Registration of personal data of IT Solutions Swaenepoel BVBA, which is needed for administrative and management services. This Registration of personal data also contains Account data as well as consumption data and is only accessible by IT Solutions Swaenepoel BVBA. The Registration of personal data will not be provided to third parties unless IT Solutions Swaenepoel BVBA is legally obligated. Pursuant to the law of December 8 1992 for the protection of personal privacy, IT Solutions Swaenepoel BVBA reserves the right to modify this privacy regulation at all times.
12.12 The private particulars can be used by IT Solutions Swaenepoel BVBA for direct marketing. This allows IT Solutions Swaenepoel BVBA to regularly inform the Client about its activities. If the Client does not want his particulars to be used for this purpose, he can notify IT Solutions Swaenepoel BVBA at the following address: info@swaenepoel.com.
13. Liability
13.1 When performing its activities, IT Solutions Swaenepoel BVBA is subject to the cooperation, services and deliveries of third parties, on which IT Solutions Swaenepoel BVBA has little or no influence. Therefore IT Solutions Swaenepoel BVBA assumes no liability for any damage resulting from business connections with IT Solutions Swaenepoel BVBA or the termination of them, whether or not the damage arises or becomes apparent during the business relations with IT Solutions Swaenepoel BVBA.
13.2 By way of derogation from the provisions of section 13.1 of these General Conditions, IT Solutions Swaenepoel BVBA, in case of serious misconduct or malice aforethought, can only be held liable for compensatory damages, by which a compensation of the value of cancelled Services is meant. Any liability of IT Solutions Swaenepoel BVBA for any other form of damage is impossible, including additional damages of any kind, compensation of indirect damage or consequential damage as a result of lost turnover or profit.
13.3 IT Solutions Swaenepoel BVBA assumes no liability for improper use by third parties of stored data. Because of the large number of junctions available on the Internet, the use of local networks and wireless communication, it has to be taken into account that sent or received information via the Internet is freely accessible. Therefore IT Solutions Swaenepoel BVBA assumes no liability for damage of any kind caused by sending confidential or secret information.
13.4 IT Solutions Swaenepoel BVBA assumes no responsibility or liability for the content published by the Client on his or her Website or Webserver. If pursuant to section 20.3 of these General Conditions an act of unlawful conduct of the Client is reported, IT Solutions Swaenepoel BVBA has an examination requirement.
13.5 The Client is liable for any damage IT Solutions Swaenepoel BVBA or third parties should suffer as a consequence of a wrong committed by the Client during the compliance of the commitment, ensuing from the Contract.
13.6 The Client indemnifies IT Solutions Swaenepoel BVBA against any claim for damages submitted by third parties, as a consequence of damage resulting from unlawful or careless use of Services provided to the Client.
13.7 The Client shall notify IT Solutions Swaenepoel BVBA immediately In writing or by e-mail of any relevant changes in his or her particulars. If the Client fails to notify IT Solutions Swaenepoel BVBA, he or she will be liable for all damage suffered by IT Solutions Swaenepoel BVBA as a result of this.
14. Transfer of rights and obligations
14.1 Neither party is authorized to transfer its rights and/or obligations ensuing from the Contract to third parties without prior authorization of the opposite party.
14.2 If the Domain name is registered by IT Solutions Swaenepoel BVBA in the name of IT Solutions Swaenepoel BVBA for the Client, assistance will be lend to orders of the Client with regard to moving, transferring or suspending present domain name. In case of any dispute whether or not of a legal nature, the Client, who is holder of a Domain name, will be given the opportunity to assume the Domain name concerned in his or her own name if all outstanding invoices are paid. If the Client does not comply with this within forty eight (48) hours, IT Solutions Swaenepoel BVBA will suspend the registration of the Domain name. At this the Client shall never be entitled to damages of any kind. When transferring the Domain name an undefined surcharge will be fixed.
15. Disconnecting services
15.1 IT Solutions Swaenepoel BVBA is entitled to temporarily disconnect delivered Services due to maintenance.
15.2 IT Solutions Swaenepoel BVBA is entitled to (temporarily) disconnect delivered Services or to restrict the use thereof if the Client fails to fulfill one of his obligations to IT Solutions Swaenepoel BVBA or if the Client is in violation with present General Conditions. IT Solutions Swaenepoel BVBA will notify the Client of this, unless such may reasonably not be expected from IT Solutions Swaenepoel BVBA. Other obligations of the Client will stay in vigor during the restriction or disconnection and have as such no suspensive effect.
15.3 Systems and/or services will again be activated when the instructing party will have fulfilled its obligations within a term determined by IT Solutions Swaenepoel BVBA and when the instructing party will have paid a pre-established reactivation fee of € 50,- exclusive of tax. If systems and/or services were disconnected pursuant to section 12.4 and 12.5 of these General Conditions, costs of labour (with a minimum of one (1) working hour), which have to be made to limit the damage suffered as much as possible, will be added to this amount. Costs of labour amount to € 50,- per hour exclusive of tax.
16. Protest
16.1 If noticing discernable flaws the Clients shall make a written protest not later than eight (8) days after delivery. Otherwise IT Solutions Swaenepoel BVBA will be excluded of all liability. Nonexistence of protest In writing concerning an invoice within eight (8) working days as from the date of sending implies an irrevocable acceptance of the invoice and mentioned prices, products and services.
16.2 Protest against indiscernible flaws has to be made In writing by registered letter within eight (8) days after the flaw is detected, could have been detected or should have been detected. Otherwise IT Solutions Swaenepoel BVBA will be excluded of all liability.
16.3 If the protest is valid the delivered Services will be adapted, replaced or compensated for after consideration.
16.4 Other obligations of the Client will stay in vigor during the restriction or disconnection and have as such no suspensive effect.
17. Data traffic
17.1 The volume of data traffic allowed is consistent with the volumes listed with the different packages on the Website of IT Solutions Swaenepoel BVBA or as mentioned in the Contract. If the Website of Webserver of the Client exceeds its monthly data traffic limit, IT Solutions Swaenepoel BVBA will notify the Client by e-mail of this exceeding.
17.2 The Client will have the opportunity to pay a surcharge for the exceeded volume of data traffic. If the Client declares not to settle this surcharge, he or she shall have the opportunity to transfer present Website or Webserver not later than forty eight (48) hours after the relevant communication if all other obligations to IT Solutions Swaenepoel BVBA are fulfilled.
17.3 If the Client does not wish to use the opportunity to transfer or remove the Website or Webserver, IT Solutions Swaenepoel BVBA is authorized, without further notice, to remove or deactivate present Website or Webserver. At this the Client shall never be entitled to damages of any kind. The removal of the Website or Webserver does not affect the liability to pay of the Client and has as such no suspensive effect.
18. Dedicated and Colocated hosting
18.1 By way of derogation from the provisions of section 9.3 of these General Conditions the payable compensation of Contracts with a term of one (1) year is due in advance.
18.2 Without prejudice to the provisions in section 14.1 of these General Conditions IT Solutions Swaenepoel BVBA is allowed to, without prior permission In writing of the Client, call in third parties to be able to fulfill its obligations. If services of third parties are used, by way of derogation from the provisions in section 8.1 of these General Conditions, the rates of the relevant third party may be charged.
18.3 By way of derogation from the provisions of section 17.1 of these General Conditions, in case of exceeding the monthly volume of data traffic, IT Solutions Swaenepoel BVBA will not communicate this to the Client. Other sections are unimpaired, but when Webspace is mentioned, also Webserver is meant.
19 Intellectual property rights
19.1 Everything publicized on the website of IT Solutions Swaenepoel BVBA is intellectual property of IT Solutions Swaenepoel BVBA. Nothing shall be multiplied, saved in an automated data file or made public, in any way or any form, either electronically, mechanically, by photocopies, recordings or in any other way, without prior permission In writing by IT Solutions Swaenepoel BVBA. All rights reserved.
19.2 The Client is allowed to download and use all software on the Website of IT Solutions Swaenepoel BVBA concerning the Services of IT Solutions Swaenepoel BVBA.
19.3 The Client shall respect the intellectual property rights concerning protected software and/or other works (among other things so-called "shareware") and indemnifies IT Solutions Swaenepoel BVBA against any liability.
20. Complaints
20.1 IT Solutions Swaenepoel BVBA only attends to complaints concerning Services, behavior and/or actions of its Clients.
20.2 IT Solutions Swaenepoel BVBA undertakes to attend to complaints concerning its Services as good as possible and to improve its Services. The Client can file a fully and clearly defined complaint exclusively by e-mail within three (3) working days after the Client should have detected the complaint to the following e-mail address: complaints@swaenepoel.com. The complaint shall include all relevant data, inclusive of all points in time and/or complete headers and a clearly defined reason of the complaint. The complaint will be attended to within ten (10) working days on receipt by IT Solutions Swaenepoel BVBA. On receipt of the complaint the complainant will be notified about how the complaint will be dealt with.
20.3 IT Solutions Swaenepoel BVBA undertakes to attend as good as possible to all complaints concerning actions and/or behavior of clients of the Clients or Clients of IT Solutions Swaenepoel BVBA. Users of the Internet can file complaints concerning improper use, spamming and/or unlawful actions exclusively by e-mail, within three (3) working days after the incident should have been detected, to the following e-mail address: abuse@swaenepoel.com. The complaint shall include all relevant data, inclusive of all points in time and/or complete headers and a clearly defined reason of the complaint. The complaint will be attended to within ten (10) working days on receipt by IT Solutions Swaenepoel BVBA. On receipt of the complaint the complainant will be notified about how the complaint will be dealt with.
20.4 Other obligations of the Client will stay in vigor during the restriction or disconnection and have as such no suspensive effect.
21. Modifications to the General conditions
21.1 IT Solutions Swaenepoel BVBA reserves the right to modify or complete present General Conditions at all times. Modifications will be communicated by e-mail not later than two (2) months before coming into force.
21.2 Modifications also apply to Contracts already concluded, taking into account a term of thirty (30) days after announcement of the modifications.
22 Settlement of disputes and applicable law
22.1 If one or several articles of the present terms and conditions are deemed invalid by judicial action, the validity of the other articles of these General Conditions will not be affected. IT Solutions Swaenepoel BVBA and the Client will agree on new provisions that will replace the invalid or invalidated ones and that will approximate the objective and the intentions of the invalid or invalidated provisions as much as possible.
22.2 Only Belgian law will be applicable to all Contracts with IT Solutions Swaenepoel BVBA. Any issue resulting from a Contract with IT Solutions Swaenepoel BVBA will exclusively be dealt with in the courts of Ghent.
General Conditions of IT Solutions Swaenepoel BVBA, established in Ghent (Belgium).
