CGV_uk

General Conditions: Website - Sales - Services

Article 1: Application.

These conditions apply to all products and services sold by 4ARM (VAT BE 0872.542.912). The special conditions apply to the contracts/offers/sites to which they relate. The customer who places an order or who accepts delivery or an offer is deemed to have taken cognizance of them and declares to accept them.
These conditions can be found on the 4ARM website: 4arm.be.
The customer cannot refute our conditions of sale on the pretext that he did not receive them in their native language.

Article 2: Price - Indexation - Method of payment - Invoicing.

Price.
The prices are those in force at the time of the order, as they appear on the order form, the catalog, the quotation or the project submitted as well as possibly on the contract signed or accepted by both the Customer and 4ARM. Confirmation by e-mail constitutes acceptance. The Sales Conditions and the special conditions constituting a contract. They are valid for a period of one year, except in cases of force majeure independent of 4ARM (substantial increase in the prices of access providers, taxes, etc.) from the date of payment of the deposit. Payment of the deposit constitutes acceptance of the offer/contract. Payments made to 4ARM remain due and will not be refunded. 4ARM reserves the right to modify the price of the products and services offered at any time and without notice.

Indexation - Increase.
The prices of contracts/subscriptions are revised annually (excluding the free period) and are subject, at a minimum, (in the same way as housing rents) to the Belgium Health Index. Price increases in relation to the index are automatically applied on the date of renewal of the contract (in the same way as Belgium public institutions or insurance companies). Increases outside the index will be inserted in the invoice and reported in the email related to the invoice. In case of refusal, the customer must report it within 8 days and give his notice as mentioned in article 3.

Payment method.
Payment is made by bank transfer or credit card or, where applicable, in cash no later than the deadline indicated on the invoice. In principle, a period of fifteen calendar days, after receipt of the invoice, is granted. In the event of late payment, the legal interest as specified on the site: https://finances.belgium.be/ (search: Legal interest rate applicable in the event of late payment in commercial transactions) will apply.
The reminder costs will be charged € 10.
In the event of non-payment, 4ARM reserves the right to suspend its supplies and/or services, for example in the case of a website, to suspend access to the site.

Special case "Domain Name": When renewing the registration of the Domain Name, if the invoice is not paid on time, 4ARM cannot be held responsible for the fall into the public domain of this Domain Name. Domain. In the event of payment and reactivation, the additional costs requested by the Registrar will be paid by the Customer. An administrative fee of 100 € will be automatically added.

The invoice is drawn up in a single copy and sent to the Customer by e-mail according to a schedule (for subscriptions) previously established, available on the invoice. Payments must be made to the account number communicated by 4ARM and mention the characteristics of the invoice. Payment is assumed to have been made on the day the 4ARM account is credited. 

Billing
Invoicing is done according to the Contract, products, services, quote, and/or Pack (s) purchased. The timing of (in case of a subscription) invoicing can be found on the invoice. To be admissible, any complaint relating to invoices must be sent by e-mail within eight days of receipt of the invoice. In the absence of a complaint, the invoice must be paid before the deadline.

Article 3: Beginning, duration and end of the subscription

Website – Web

  • The subscription starts on the 1st of the month following the launch of the website, unless otherwise specified. The Customer has a maximum of 3 weeks (from payment of the deposit) to send their data and information to be placed on the site. After this period, the subscription will take full effect no later than two months after payment of the deposit.
  • The subscription is concluded for a minimum period of one year (apart from the possible free period). The subscription is tacitly extended for successive periods of one year.

End of subscription
If the customer wishes to terminate his subscription, he/she must let it know by email respecting the notice period.

Period of notice

  • First and second year of subscription: 3 months.
  • Between the second and fifth year of subscription: 6 months.
  • Beyond the fifth year of subscription: 9 months.

The notice pay depends on the length of the notice period.
This is due to the fact that investments have been made in the sites and that the price of a subscription is lower than a single order.

Article 4: Services.

In relation to the website
With subscription

4ARM manages the websites with an all-inclusive system and on a subscription basis (unless otherwise arranged). The domain name must be managed by 4ARM, for ease of DNS management (or 4ARM must have free access to its management, lack of access is equivalent to a breach of contract).
The subscription package (unless otherwise specified and depending on the type of subscription) includes:

  • Management of the domain name and DNS, the customer owns his domain name
  • Depending on the type of subscription, the customer can update his data himself
  • In the case of a subscription, the customer rents a service and cannot have access to the source code or to the administration part of the site which requires in-depth knowledge of "web" language: PHP, CSS, HTML, etc.
  • Management of e-mail boxes
  • Updating the site (program and add-ons) as well as security updates. The web program includes various modules necessary for its proper functioning. 4ARM is responsible for the purchase of "add-ons" and their license, as well as their renewal. The cost is included in the subscription price. The licenses are the property of 4ARM, so the customer benefits from a reduced price compared to the normal price. In the event of termination, the Customer will have to pay the cost of the licenses.
  • Updating site data, requested by the customer. Depending on the type of subscription and contract, the customer can be trained in updating this data. As this is an all-inclusive subscription the customer does not have access to the administration part of the site.
  • Backups

Without subscription
Depending on the quote.

Non-website services
Non-website services are provided in accordance with the customer's request: computer repair, updating, administration management in relation to IT (website, network management, IT security, social networks, etc.). The service is provided at an hourly rate or by fixed price previously discussed. The price is subject to indexation see point Article 2.

Article 5: Personal data.

4ARM respects your personal data in accordance with the requirements of the European Data Protection Regulation (GDPR).
Personal data concerning the Customer are included in the files of 4ARM and are processed:

  1. In view of the management of Customers,
  2. For the sending, collection and verification of invoices,
  3. In the context of the contractual relationship with the Client,
  4. In order to carry out information and promotion actions on the products and services of 4ARM,
  5. The Customer has the right to inspect and correct his personal data.

In the event of modification of the administrative data specific to the Customer, the latter is required to notify 4ARM within one month of their modification.

Article 6: Confidentiality.

 4ARM undertakes not to disclose:

  • the content made available by the Customer for inclusion in the website as long as this site is not accessible on the Internet and in compliance with the legislation in force.
  • information relating to the Customer and not to sell this data.

The Customer undertakes not to disclose:

  • the access codes provided by 4ARM,
  • any other information obtained directly or indirectly and deemed confidential by 4ARM.

The Customer and 4ARM undertake to each other not to disclose to third parties and to return to the other party, on request and as soon as possible, any document, copy, note, recording, on any medium and which would contain confidential data.

Article 7: Limitation of the liability of 4ARM.

 In all cases, 4ARM's liability is limited to repairing foreseeable, direct, personal, and indisputable damage suffered by the Customer to the exclusion of all indirect or immaterial damage, such as additional costs, loss of profits, loss of Customers, loss or damage of data, loss of contracts.

When the liability of 4ARM relating to the services and products provided is incurred in the performance of the Contract, this liability may not exceed the sum normally paid by the Customer.

4ARM cannot be held responsible for problems related to the Internet (attacks, etc.) and to the hosting of the site.

Article 8: Website: Domain name

4ARM takes care, on behalf of its client, of all formalities related to the registration of the Domain Name (payment, transfer, DNS, redirection, etc.).
Whatever the circumstances, the Domain Name remains the property of the Customer.
The Customer is solely responsible for the title of his domain name (s).
In the event of termination of the Contract, for any reason whatsoever, the Customer undertakes to carry out the formalities inherent in his / her Domain Name himself.

Article 9: Website: Hosting of the website (s)

4ARM will host the Customer's website(s) with the Host of its choice and/or on its own servers.
4ARM reserves the right to change the hosting provider at any time without notice and provided that there is no prejudice to its customer and the website(s).
The hosting remains the property of 4ARM.
In the event of termination of the Agreement, for whatever reason, the hosting and data will be deleted.

Article 10: Termination of the Contract

- By 4ARM
4ARM reserves the right to suspend and terminate the Contract:

  1. By mutual agreement with the Client.
  2. If the Customer does not respect the Contract or the Sales Conditions.
  3. If the Customer does not make payment on the dates indicated on the invoice and whose schedule is on it.
  4. For any other reason deemed legitimate by 4ARM.

Period of notice. Except in cases of force majeure, the notice period is the same as the customer see Article 3.

- By the customer

  1. By mutual agreement with 4ARM
  2. At the request of the Client and following the notice specified in Article 3.

The length of the notice depends on the type and period of the subscription.

If the customer wishes to terminate his contract, compensation equal to the period of notice will be due. In any case, no refund will be made by 4ARM.
Domain name: in case of termination or non-renewal of the Contract :

  • The Domain Name (s) registered for the Client remain (s) his property
  • The Customer will notify by email the name and address of the new Registrar as well as possibly the name and address of the new host and/or of the other person or company who will take care of his site and/or his domain names,
  • The Customer takes charge of the transfer formalities (payment, contact, etc.). In the event of non-payment by the Customer of the royalty inherent to the Name of the Domain (s) of the said Customer, 4ARM cannot be held responsible for the fall into the public domain of domain names. Termination is at the risk and peril of the Customer.
  • The domain name will not be transferred until all invoices have been paid. 

Article 11: Website: Site name, website content, and publication on the Internet - Social Networks

Site name: the Customer chooses and is responsible for the Site Name. He must ensure that the Name is copyright-free and that he can use it.
The Customer is responsible for the data provided to 4ARM for publication on the website.
4ARM takes care of the formatting of the data on the Internet site in agreement with its customer or according to the Pack chosen.
Updates to the site take place either at the Customer's request or following a pre-established schedule, by mutual agreement with the customer or depending on the pack.
Updates outside of the subscription will be extra charged.
The formatting, structure, and design are done either according to a pre-existing model (template) chosen by the Customer (Pack), or on a proposal from 4ARM and in agreement with the Customer on estimate and specifications.

PACK or offer
The data to be provided by the Customer depends on the Pack or the offer. As soon as the Customer has chosen and accepted the offer, he is required to provide 4ARM with the data relating to this offer at least 2 weeks before its publication. Additional data provided by the Customer may be placed on the site according to updates and possibly invoiced additionally. 4ARM cannot be held responsible for the delay in the transmission of information.
Data and updates are made according to specifications or the chosen pack.

Article 12: Orders

By placing an order or accepting delivery or making a payment, the Customer acknowledges knowing these conditions and irrevocably accepting them. They are an integral part of all our contracts. The general conditions of the Customer are expressly excluded. Special conditions of purchase of the Customer can in no case be tacitly accepted.
The signing of a Contract with 4ARM or the payment of a deposit implies that the Customer is aware of and accepts the General Conditions and the Special Conditions of Sale.

Article 13: Website: Site management - Services

The customer recognizes that logically the management of the site must be done "with due diligence" depending on the circumstances.

Article 14: Dispute resolution
The parties undertake to make every effort to reach an amicable agreement for any dispute relating to the validity, interpretation or performance of the Contract.
In the absence of an amicable agreement, any dispute relating to the validity, interpretation, or performance of the contract shall be referred to the courts of the registered office of 4ARM, in French only. Only Belgian law is applicable.

Article 15: General

These conditions and the special conditions are subject to change. 4ARM undertakes to communicate them to the Customer by all appropriate means no later than one month before its entry into force if it involves a modification of the general and/or specific conditions.
The Customer who, in the event of modification of the general or special conditions, does not accept the new conditions, may terminate the Contract by following the period of notice in the month following the notification. If the Customer does not terminate the contract/subscription during this month, he is deemed to accept the changes communicated by 4ARM.
4ARM reserves the right to modify the characteristics and prices of the services and products offered to the Customer in any circumstance and without prior notice according to technical, legal, and cost of living considerations (index).

 

 

 

 

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