Register SA - Register.be - General Terms and Conditions
Article 1 : General
1.Unless otherwise agreed, by explicit and written provision, the current General Terms and Conditions apply to all contracts concluded between Register SA - Register.be (Roodebeeksesteenweg 206, 1200 Brussels) and the natural or legal person, further called “the client”, who calls upon to Register SA - Register.be to offer him services concerning:
- the registration of domain names ;
- the purchase, the configuration and the use of Internet site hosting;
- the purchase, the configuration and the use of the SiteBuilder;
- the purchase, the configuration and the use of mailboxes.
2. The client acknowledges to have taken full and prior knowledge of the General Terms and Conditions before purchasing his order by means of the website www.Register.be, order form, fax or telephone.
3. The terms and conditions of the Client do not apply if they differ from or contradict to the current General Terms and Conditions, except in case of explicit and written consent of Register SA - Register.be.
4. The use of Register SA - Register.be by means of the website www.Register.be, by e-mail or order form, presupposes automatically the consent and acceptance of the General Terms and Conditions.
Article 2 : The closing of the contract between parties
1. The Client recognizes to be engaged in a definite and irrevocable electronic contract as from the moment Register SA - Register.be has received the acceptance of its offer, the moment the Client visualizes the confirmation screen. In the same way the contract is definite and irrevocable as from the signing of the order form by the Client or the reception by Register SA - Register.be of the Order made by fax email, normal mail or by reception by Register SA - Register.be of the payment done by the customer. Unless Register SA - Register.be does not accept the order on the basis of the rules stated in the current General Terms and Conditions, the Client will receive a confirmation of his order by e-mail within 24hours. This confirmation is considered to be received by the Client the moment the e-mail reaches the server on which the mailbox of the Client is located.
2. The contract is concluded for successive periods, equal to the initial period of 1,2,3,5 or 10 years according the choice of the Client, which are extended tacitly and automatically. Each of the parties can cancel the contract according to the provisions of Article 8 of the current General Terms and Conditions. The minimum duration of the contract is equal to the initial period chosen by the Client (1,2,3,5 or 10 years).
3. The contract is considered to be concluded at the head office of Register SA - Register.be, being the place where the acceptance of the offer is received.
4. Every person who places an order for the Client, who purchases an order requesting to invoice the Client or who places an order in accordance with Article 1120 of the Belgian Civil Code, remains in any case personally liable if the order remains unpaid by the Client on the expiry date.
Article 3 : Rights and duties of the Client
1. The Client obliges himself to give all useful information to Register SA - Register.be. The Client is solely responsible for the information supplied by him.
2. Register SA - Register.be is under no circumstances responsible for the information which is passed through -consciously or not - by the Client or for any damage which would result thereof.
3. The Client shall indemnify Register SA - Register.be for all costs, resulting from damage which was caused by providing incorrect information by the Client or by a third party which has access to the account of the Client.
4. For the registration of a domain name the Client recognises that he has taken knowledge and has accepted the general conditions of the national or international registration authority concerned, further called the « Registry » and the specific rules that apply in case of local representation or administrative contactservice offered by Register SA - Register.be, its subsidiaries or partners.
5. The Client authorizes Register SA - Register.be to activate after the registration or transfer of a domain name the lock mechanism offered by the Registry (or any similar service), free of charge, to avoid loss of the domain name via a fraudulent transfer out. The Client can request to unlock the domain name at any time without extra cost.
6. The Client-consumer does not have the right to cancel the purchase, given the immediate use of the product/service.
7. The customer recognises explicitly that Register SA - Register.be complies with all information obligations as provided in the Belgian Law on the Electronic Trade and the Law on the Trade Rules and Protection of Consumer rights and that they are clearly
Article 4 : Rights and duties of Register SA - Register.be
1. Register SA - Register.be reserves the right to extend the services delivered to the Client. The Client shall be notified through the website www.Register.be, by e-mail, by SMS or ordinary mail.
2. Register SA - Register.be reserves the right to alter the applicable tariffs on the website www.Register.be. The Client shall be informed by means of the website www.Register.be, by e-mail, SMS or ordinary mail. All prices are VAT included.
In case of a tariff increase, the Client has the possibility to reject the new price and to cancel the contract by registered mail with acknowledgment of receipt within a delay of thirty days to be calculated from the day the mail announcing the tariff increase was sent.
3. Register SA - Register.be reserves the right to alter his General Terms and Conditions. The Client shall be notified through the website www.Register.be, by e-mail, by SMS or ordinary mail.
Article 5 : Code of good conduct
1. The Client shall not misuse Register SA - Register.be to violate others privacy or for illegal purposes that are an attempt on good morality or the public safety/law and order.
2. The Client agrees not to use the services offered by Register SA - Register.be for the following purposes : (this list is an illustration and is not limited to the purposes mentioned)
- The use of Register SA - Register.be that is an attempt on the international or local laws, by laws we mean the Belgian Laws or the laws applicable in the countries ;
- The production of false identities or all attempts to misguide others using false or misguiding identities by sending messages through Register SA - Register.be ;
- The use of the services of Register SA - Register.be to disperse illegal, disturbing, abusive, ambiguous or uncivilized content or that violates the public safety/law and order ;
- The use of the services of Register SA - Register.be to disperse content violating the intellectual property or other rights of third parties, including trade marks and copyrights ;
- The use of the services of Register SA - Register.be to disperse libelous or negative information about Register SA - Register.be and all related companies or any other natural or legal person.;
- Sending material that contains viruses, « Trojan horses », « worms », « time bombs » or every other programm that can damage the electronic systems of the addressee.
- Attempts to gain access without permission, by hacking passwords or by every other method, to the services of Register SA - Register.be, the accounts of other Clients or systems and networks connected with Register SA - Register.be ;
- The use of the services for purposes that violate penal law, civil rights or the public safety/law and order ;
Article 6 : Limitation of liabilities
1. Register SA - Register.be cannot be held liable for acts of the Client that violate the rules of the code of good conduct as expressed in Article 5.
2. If Register SA - Register.be has good reason to believe that a Client does not comply with the rules of good conduct (Article 5), Register SA - Register.be shall order the Client by e-mail, ordinary mail or SMS to stop any practice violating the rules of good conduct (Article 5). If the Client does not stop these practices within a delay of two days, Register SA - Register.be has the right to put its services on hold. This means its services will no longer be accessible for the Client. The Client using the offered services violating the rules of good conduct, will not be refunded for the value of the remaining services.
3. Register SA - Register.be cannot be held liable for the content of e-mail messages that are sent by means of her services. The liability for the content of messages is entirely the Client’s.
4. Register SA - Register.be is under no circumstances liable for the content of websites that are hosted of created on its platform or that are made accessible by means of its platform (for example by the service of ‘URL formwarding’). The liability for the content of messages and websites is entirely the Client’s. Register SA - Register.be cannot be held liable for the “redirection” of a domain name on request of the Client.
5. Register SA - Register.be can under no circumstances be held liable for the breaches of its Client of the intellectual rights in general. (without being exhaustive : trade marks, copyrights, designs and models, …)
6. Register SA - Register.be nor its suppliers can under no circumstances be liable for any direct damage, incidents, indemnities pronounced as a sanction, accessory, special or indirect damage or for any other damage following the loss of data, the loss of advantages that result or are related to the use and functioning of www.Register.be, the delays of www.Register.be or the impossibility to use www.Register.be, the delivery or any fault in the delivery of the services, or for any damage caused by any information, material, product, service or associated graphic element obtained by using the website www.Register.be or linked with the use of the website, even if this liability is contractual or not.
7. The information, products or services of www.Register.be may contain technical or typing error. The information is regularly modified. Register SA - Register.be and/or it suppliers can be urged to make corrections or modifications to the website. Register SA - Register.be and its suppliers cannot be liable for the malfunctioning, interruptions or faults in the electronic publication en the related services.
8. The Clients is obliged to protect Register SA - Register.be for any act of fraud caused by third parties related to the services delivered by Register SA - Register.be. As a consequence, this warrantee means that the Client shall assist Register SA - Register.be in its defence and shall indemnify Register SA - Register.be for any damage resulting of such a complaint (i.e. judicial costs, indemnities, etc.)
9. Register SA - Register.be reserves the right to refuse any demand to execute a domain name registration violating the General Conditions of the Registry and/or more generally every domain name that is offensive or an attempt on good morality or the public safety/law and order.
10. The Client accepts to comply with the laws and regulations regarding the registration of domain names. The Client-Licensee is fully aware that these rules are subject to amendments. The Client-Licensee acknowledges and accepts that Register SA - Register.be is not competent regarding these rules and cannot be liable for the consequences of this rules or their amendment. The Client-Licensee acknowledges and accepts that the Registry makes a decision about the registration of every domain name in accordance with its rules of registration. Under no circumstances Register SA - Register.be can be liable for refusal by the Registry of any domain name or in case a domain name is declared invalid, cancelled or suspended for what reason so ever. The Client-Licensee is and remains the sole responsible for the selected name and for the decision to register the name as a domain name.
11. Register SA - Register.be reserves the right not to proceed with the registration of a domain name if the Client fails to pay the indebted amount. Register SA - Register.be is not liable if the domain name is registered by a third party in the period between the order of the Client to make the registration and the date of payment by the Client.
12. The parties explicitly agree that in any case the liability of Register SA - Register.be cannot exceed the amount paid by the Client in the year proceeding the year of the demand of compensation for damages regarding the very same services or products that are the object of the demand of compensation for damages.
Article 7 : Payment and Payment conditions
1. Register SA - Register.be only activates the products or services on the account of the Clients once the indebted amount of the order has been paid.
2. All invoices have to be paid by the expiry date. Every invoice that remains unpaid on the expiry date shall automatically and without prior notice be increased with an annual interest rate of 12 % calculated on the principal amount of the invoice until the final payment of the whole amount. Apart from the interests the invoice shall automatically and without prior notice be increased with a contractual indemnity of 15 % calculated on the principal amount of the invoice, being at least € 25 and maximum € 1,250, for the extrajudicial fees and other contractual losses suffered by Register SA - Register.be. The Client accepts explicitly his liability to pay an indemnity on the basis of Article 6 of the Law of 2nd August 2002 on combating late payment in commercial transactions regarding the legal fees supported by Register SA - Register.be ( relevant legal fees and costs of lawyers, bailiffs,…)
3. In case of non-payement of the invoice and after written reminders for the payment, Register SA - Register.be has the right to suspend the product(s) or service(s) which will render them inaccessible by the Client. The Client has the possibility to demand the reactivation of the product(s) or service(s) by Register SA - Register.be by payment of the unpaid invoices and interests.
4. Incidental complementary administrative, technical or other costs resulting from the late payment and/or suspension of a product or service are the full responsibility of the Client.
Article 8 : Cancellation of the contract
1. The Client can terminate the current contract only by giving a prior notice of two months by means of a registered ordinary mail to Register SA - Register.be (Roodebeeksesteenweg 206, 1200 Brussel). The Client will not be refunded for the already paid subscription rates.
2. Register SA - Register.be can terminate the contract and end the delivered services by giving a prior notice of two months by means of a registered ordinary mail to the Client. The Client will be refunded with the remaining subscription rate for the rest of the period within a delay of thirty days following the announcement of the termination of the current contract. If the Client fails to respect the rules of good conduct (Article 5), Register SA - Register.be can terminate the contract earlier in accordance with the procedure aforementioned in article 6, paragraph 2.
3. Register SA - Register.be reserves the right to terminate the contract if the Client has ordered the product or service using false information or in discordance with the declarations and provision of the General Terms and Conditions. Under no circumstances the remaining amount of the subscription price for the rest of the current period of registration will be refunded.
4. If the cancellation of the contract for the use of a product or service has not been carried out in the two months before the expiry date of the current subscription period as mentioned under Article 8, paragraph 1, the Client accepts that this will be regarded as a renewal by tacit agreement of the contract for the same period. In this case the Client will be obliged to pay the subscription price for the same products and services for the new period.
5. After the tacit renewal, the Client can terminate the contract by a written notice that should be send by registered letter (Register SA - Register.be, Roodebeeksesteenweg 206, 1200 Brussels) respecting a term notice of one month.
Article 9 : Confidentiality and privacy
1. The personal data of the Client are registered in the databases of Register SA - Register.be (Roodebeeksesteenweg 206, 1200 Brussel). The Client has the right to have access to his data and the right to correct his data. The Client agrees that the domain name, registrant and contact person information will be published in the public WHOIS database in accordance with the regulation by the specific top level domain registry. The registrant agrees that the domain name, registrant and contact person information will be managed electronically by the top level domain name administrator.
2. Register SA - Register.be shall use this data for the purpose of client-administration, marketing research and services for the promotion of its products and services. If the Client does not want to receive this information, he can notify Register SA - Register.be by e-amail (info@Register.be), by fax (02/401.41.34 ) or ordinary mail to Register SA - Register.be, Roodebeeksesteenweg 206, 1200 Brussel).
3. Register SA - Register.be guarantees to treat all personal data of the Client confidentially in accordance with the international and national rules and more specific the Belgian Law of 8th December 1992 on protecting the privacy of personal data (B.S., 18th March 1993), amended by the Law of 11th December 1998 (B.S., 3rd February 1999).
- Register SA - Register.be shall not disclose any information regarding e-mail addresses and data of members, partners, clients, prospects, employees, relations, friends of the Client, nor shall Register SA - Register.be share this information with third parties without the prior written and explicit consent of the Client stating that he has given his consent to disclose the related data for this specific use when the respect of the rules of the use of personal data is respected.
- Register SA - Register.be shall not transmit, share or sell any information of the Client (mobile number, e-mail address, telephone and fax number, demographic data or data regarding the identity of the Client) without the consent of the Client or without the latter is informed about the purpose thereof.
Article 10 : Act of God, Force Majeur
Neither the Client, nor Register SA - Register.be are liable for the non-execution or the delay in the execution of the obligations stipulated in this contract if there is a force majeure (as recognized in the jurisprudence). What is not considered as force majeure: the customer who is unable to pay all costs of the services delivered by Register SA - Register.be.
Article 11 : Final Clause
No provision of the The current General Terms and Conditions can be deleted. The current General Terms and Conditions have priority over the general terms of the Client. If some of the provisions of the current General Terms and Conditions should be considered null and void, both parties agree to replace this provision by a new provision that accommodates the most the joint intention of both parties.
Article 12 : Applicable Law – Competent jurisdiction
The Belgian Law and Regulations apply to the current General Terms and Conditions and to each order, acceptance or contract that falls under these conditions. Notwithstanding the provisions about agencies which are competent for the settlement of disputes, each dispute concerning present General Terms and Conditions, their interpretation or implementation, falls, in case of failure to find an amicable settlement, under the exclusive jurisdiction of the tribunals and courts of Brussels, Belgium.