TERMS OF SALES CYBERLINKING
Pursuant to Articles III.74, III.76 and XIV.3 of the Code of Economic Law, the following legal information, relating to the form, structure, organisation and operation of CyberLinking is as follows:
Name: Nicolaï KOYUN
Commercial name: CyberLinking
Legal form: Physical person
Address: Impasse des Bruyères 33A 6637 FAUVILLERS
Email address: firstname.lastname@example.org
Company number: 0525.899.950
Phone Number: +32494597906 +352621653006
Characteristics of the service provision: CyberLinking may be required to perform any type of service in the field of computer programming, advertising agency activities, graphic design, photographic production and professional training. More specifically, CyberLinking creates and provides websites, design services (logos, business cards, flyers, etc.), online marketing services (advertising via Google or social networks, etc.)
ART.I – GENERAL PROVISIONS
These general conditions apply to all services provided by CyberLinking (hereinafter, “CyberLinking” or “the Provider”).
These general conditions cancel and replace all other general conditions and / or agreements between the Provider and its client, whether these are oral or written, concluded after or before the main contract concluded between the Provider and its client.
The primacy and exclusivity of these general conditions is an essential element of the contract and it cannot be imagined without these, unless the parties expressly agree in writing.
By signing these conditions, or by accepting them, even tacitly (by paying) an invoice or the payment of a provision, the contracting partner of the Provider expressly acknowledges having read these conditions and having accepted them in their entirety and without reservation. These general conditions specify in particular the payment conditions.
ART. II – INFORMATION AND RIGHT OF WITHDRAWAL
In the event of the conclusion of a distance contract, within the meaning of Article I.8, 13 ° of the Code of Economic Law, between CyberLinking and the client and only if the latter is a consumer, the client acknowledges having received , before the conclusion of the contract, on the part of the Service Provider, all the information contained in articles VI.2 and VI.45 of the Code of Economic Law as well as the detailed confirmation of the contract concluded referred to in article VI.46 § 7 of the Code of Economic Law.
If the contract is concluded at the company’s headquarters or at the customer’s home, the customer also has a withdrawal period of 14 calendar days.
In addition, the consumer client is informed of the fact that CyberLinking does not begin to perform the services requested by it until the legal withdrawal period of 14 days from the date of conclusion of the contract.
If he wishes CyberLinking to immediately start performing the services, the consumer customer must make an express request and thereby acknowledge that he loses his right of withdrawal once the contract is fully executed. If he makes such a request and exercises his right of withdrawal within the legal deadline, but before the contract is fully executed, CyberLinking invoices the consumer customer an amount calculated in proportion to the services already performed at the time when he informs CyberLinking of exercising their right of withdrawal.
ART.III – OFFERS AND ORDERS
Unless otherwise stipulated in the special conditions concluded between the Customer and the Service Provider, the period of validity of any offer is one month from receipt of the offer or the order form.
Any order not preceded by a written offer from the Provider will only bind the latter in the event of written acceptance addressed to CyberLinking before the start of the execution of the mission.
ART.IV – TIME LIMITS
The deadlines are given for information only. They will be suspended in the event of force majeure, in the event of non-compliance with the payment conditions, or if the information to be supplied by the Customer has not been transmitted in time, is found to be incomplete or inaccurate.
The delay in the performance of the services will only be likely to give rise to the award of damages if it is unquestionably demonstrated that it results from a gross fault of CyberLinking.
The customer cannot invoke non-compliance with deadlines to request the termination of the contract, claim damages or assert any other claim.
ART.V – PRICES AND PACKS
CyberLinking prices are expressed in euros, VAT not included. Any increase in VAT or any new tax that would be imposed between the time of order and that of services will be charged to the customer.
CyberLinking offers three packs depending on the client’s needs:
The “basic” package including your own domain name, maintenance and security, active referencing, unique design and full support and assistance.
The amount of this pack is at least 600 € and is fixed on the basis of a personal quote. After the date of publication of the site, this price is supplemented from the following month by a monthly subscription from 30 € including maintenance, hosting costs and backup.
The “Business” pack might including, in addition to the basic pack options, online chatting, a multilingual service, a reservation system, a payment system, analytical functions, 3 professional email address and other custom functions.
The amount of this pack is at least 1200 € and is fixed on the basis of a personal quote. After the date of publication of the site, this price is supplemented from the following month by a monthly subscription from € 60 including maintenance, hosting costs, backup and all subsequent modifications to the website.
The “eShop” pack including, in addition to the Business pack options, advanced commercial functions, advanced analytical functions and personal access.
The amount of this pack is at least 1800 € and is fixed on the basis of a personal quote. After the date of publication of the site, this price is supplemented from the following month by a monthly subscription from € 90 including maintenance, hosting costs and all subsequent modifications to the website.
The amount of the pack is invoiced upon confirmation of the order. Putting the site online is subject to full payment of the invoice.
It is also possible to opt for the creation and putting on line of a website without subscription. The price of this service will be the subject of a quote addressed to the customer. In this case also, the online publication of the site is conditional on full payment of the invoice.
In the event of a request additional to the initial estimate, the Service Provider will proceed to additional invoicing. The same applies if the information given by the customer when the offer was made was incorrect or incomplete and this requires an additional workload.
CyberLink conditions and rates are subject to change at any time. The Service Provider will inform the customer of this in the month preceding the rate change. In this case, the customer has the right to terminate the contract without delay.
ART.VI – DELAYED PAYMENT
All CyberLinking invoices are payable within thirty days of the invoice being issued to the bank account indicated on it.
The Provisioning of the website will not be carried out by the Provider before the payment of the invoice issued by the latter has not been fully paid by the Client.
Any failure to pay an invoice on its due date will automatically and without prior notice, incur interest at the rate of 10% per year from the due date of the invoice.
At the same time, the amount of the invoice will, as of right and without prior notice, be increased by 12% with a minimum of fifty euros (€ 50.00), as a fixed contractual indemnity and not reducible.
Any complaint concerning an invoice must be sent by the customer to CyberLinking by registered mail within 8 days of its date. Otherwise, the customer is presumed to accept it.
ART.VII – RESPONSIBILITY
Any complaint relating to a failure to perform the contract must be imperatively addressed, by registered letter with acknowledgment of receipt, to the headquarters of CyberLinking, within 15 calendar days following the end of the disputed contractual services.
After this period, the customer is deprived of his right of complaint.
In all cases where the customer claims damage and intends to attribute responsibility to the Service Provider, he must imperatively use all the means necessary to limit and reduce this damage.
In the event of faulty execution by the Service Provider, the damages which the customer may claim will be limited to the modification of the product or service within the limits of the contract. Any customer complaints do not suspend the payment of the amounts due.
CyberLinking can in no way be held responsible, with regard to individuals and professionals, for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or which was not foreseeable.
CyberLinking cannot be held responsible in the event of failure of the third-party services which it uses for the design of websites and marketing services. In this case, the Service Provider cannot be held responsible or liable for financial losses attributable to these failures which are foreign to it, but nevertheless undertakes to suspend the subscription during this period and to remedy the problem as soon as possible.
ART.VIII – RECIPROCAL OBLIGATIONS OF THE PARTIES
The Service Provider is subject to an obligation of means towards its Customers. He undertakes to do everything in his power to give full satisfaction to his Customers within the framework of the mission entrusted to him.
The Customer agrees, for its part towards the Service Provider, to communicate to it any information necessary for the proper completion of the assignment.
ART.IX – TERMINATION OF THE CONTRACT OR SUBSCRIPTION
The customer may terminate the subscription provided for in article V. at any time by sending an email to the address (email@example.com). The notice period is one month and begins on the first day of the month following the month in which the notice was given. Any month incurred is however due. The termination of the subscription will only take place the following month.
The Provider may also and without reason cancel the Customer’s subscription. He will notify the client by email. The notice period is also one month starting from the first day of the month following the month during which the notice was given.
In the event of termination of the subscription by one or other of the parties, if the client wishes to keep his website, it will be up to him to subscribe to a personal account with the hosting provider of the Provider and to pay for himself. hosting and domain name fees. In this case, the Service Provider can no longer be held responsible for any malfunction of the website.
If the Customer fails to carry out these procedures, the site will be deleted.
ART.X – INTELLECTUAL PROPERTY
All of the Service Provider’s intellectual rights, including any protectable material or any other content that is or may be subject to intellectual property rights under applicable laws and any work derived from the foregoing, are the property of the Service Provider and / or relate to a license granted to the Service Provider.
Nothing in these general conditions and in the contract concluded with the customer constitutes an assignment or a waiver of the intellectual property rights of the Service Provider under any law.
ART.XI – CONFIDENTIALITY
The Provider and the customer undertake to keep confidential the information and documents concerning the other party, of whatever nature, economic, technical, etc., to which they may have had access during the performance of the contract .
The two parties will take vis-à-vis their staff all the measures necessary to ensure, under their responsibility, the secrecy and confidentiality of all documents and said information.
The clauses of the contracts and their annexes, between the Provider and the client, are deemed confidential and, as such, they may not be published or communicated to unauthorised third parties.
The Service Provider undertakes not to disclose any confidential information which has been communicated to him by the client before or during the performance of the services provided for in the contract.
The client agrees not to communicate to third parties other than their staff, any confidential information, whatever it may be and more generally on CyberLinking’s working methods and know-how.
ART.XII – PERSONAL DATA
The customer, in order to have the services ordered from the Provider, freely communicates to the Provider the data necessary and minimal for the processing of the request that he makes with the provider (identity, telephone number, address, email address, necessary measures, etc. ). The customer therefore expressly recognizes that the processing of his data is based on his consent to the processing of his personal data and is necessary for the execution of the contract concluded directly between him and the provider.
In this regard, the Declaration of respect for the private life of the Service Provider on which the customer agrees by signing these general conditions, lists the categories of data processed by the Service Provider, for what purposes he uses them, as well as the manner whose personal data are processed. In addition, it explains how the customer can exercise their rights regarding their personal data. The Privacy Statement can also be obtained by phone (+32494597906) or by email (firstname.lastname@example.org).
As part of the processing of customer data, the Service Provider specifies that these are confidential and that they will only be used in the context of the execution of the contract and its consequences. The customer has access to the personal data processed by the Service Provider for the purposes, in particular, of having erroneous data rectified. It also has the right to ensure the deletion of data whose processing and conservation would be prohibited by law. He finally has the right to prohibit the use of personal data concerning him and which, given the processing, are considered to be incomplete or irrelevant and to object to the processing of personal data concerning him and envisaged for direct marketing purposes.
The customer declares that all the information provided by him is correct and exact.
ART.XIII – INVALIDITY OF A CLAUSE OF THESE CONDITIONS
The nullity of a clause of these general conditions will not affect the validity of its other clauses.
The parties undertake, in this case, to negotiate in good faith the conclusion of a new clause which will pursue the same objective as the null clause and will, as far as possible, have equivalent effects, in order to restore the contractual balance.
ART.XIV – WAIVER
Any waiver of any right of these general conditions must be expressly noted in writing from the party who waives this right.
No party may in particular rely on a tacit or verbal renunciation of the other party to a right arising from these general conditions.
ART.XV – APPLICABLE LAW AND COMPETENT COURTS
The relations between the parties are governed by Belgian law.
Are competent to know of any litigation the jurisdictions of the judicial district of Luxembourg, Division Neufchâteau and Justice of the Peace of Bastogne.