Terms and Conditions
Article 1: General
1.1 These Terms and Conditions apply to any agreement between Unix-Solutions BVBA on the one hand and the Client (Company or Individual) on the other hand.
1.2 By entering into an agreement with Unix-Solutions BVBA, the Client agrees to these Terms and Conditions.
Article 2: Conditions of sale
2.1 All offers are non-binding, unless a term of acceptance has been stipulated in the quotation.
2.2 Prices and conditions listed on quotations are valid for 30 days unless explicitly stated otherwise.
2.3 All prices are exclusive of VAT (and other possible taxes) unless stated otherwise.
2.4 The Client acknowledges that an order by email has the same value as a written order.
2.5 All payments must be done before the services are activated, unless otherwise stated. Once the payment has been processed, the services are activated as soon as possible. Upon renewal of services Unix-Solutions BVBA reserves the right to terminate the services in case of nonpayment.
2.6 Unix-Solutions BVBA reserves the right to refuse service.
2.7 All invoices are payable within the terms specified on the invoice. In the event of delay or tardiness of payment, by law and without notice, an interest of 13% per annum will be due by the Client, as well as a fixed compensation of 15% of the invoice amount, with a minimum of 100 EUR.
Article 3: Execution of the agreement
3.1 Unix-Solutions BVBA shall execute the Agreement to the best of its ability and in accordance with the requirements of good workmanship.
3.2 If required for proper execution of the Agreement, Unix-Solutions BVBA shall have the right to have certain work done by third parties.
3.3 The Client will adhere to the AUP (Acceptable Use Policy) of Unix-Solutions BVBA. Unix-Solutions BVBA reserves the right to change or modify the terms of the AUP at any time. Unix-Solutions BVBA reserves the right to terminate with immediate effect, without warning, any services to a Client who is in violation of the AUP.
3.4 The Client declares that all data stored by the Client at Unix-Solutions BVBA is owned by the Client.
3.5 The Client will immediately notify Unix-Solutions BVBA in case of a change of name, address, email, telephone number, VAT number, statute or legal form.
Article 4: Confidentiality
4.1 Both Unix-Solutions BVBA and the Client undertake not to misuse any confidential information they have received from each other under the Agreement. This confidential information includes, but is not limited to, access codes, the structure and operation of programs written by Unix-Solutions BVBA and billing and financial data.
4.2 Unix-Solutions BVBA will maintain certain Client information in the context of normal Client management. Under no circumstances shall Unix-Solutions BVBA disclose any Client information to third parties. The Client has access to this information by request, and has the right to correct any errors in this information.
Article 5: Liability
5.1 Unix-Solutions BVBA cannot be held liable for any data placed on its systems by the Client.
5.2 The Client is supposed to make backups of all data placed on the systems of Unix-Solutions BVBA or sent via these systems.
5.3 The Client is at all times responsible for any damage resulting from misuse of the services.
5.4 Unix-Solutions BVBA cannot be held responsible for any damage caused by third parties. The Client must recoup damages inflicted by third parties directly from these third parties.
5.5 Unix-Solutions BVBA cannot be held liable for any loss of data, delays or interruptions of the services provided.
5.6 Neither party can be held responsible for the consequences of force majeure.
Article 6: Intellectual property
6.1 All documents provided by Unix-Solutions BVBA such as designs, scripts, etc. are to be used solely by the Client. These documents may not be duplicated, made public or disclosed or provided to third parties without the prior permission of Unix-Solutions BVBA.
Article 7: Cancellation of the service(s)
7.1 If the Customer wants to cancel a service the Customer will inform Unix-Solutions BVBA – unless stated otherwise - 3 (three) months before the renewal date or one week after receiving the renewal invoice. The Customer will inform Unix-Solutions BVBA by e-mail or by written letter. The cancellation is only valid after formal approval of Unix-Solutions BVBA.
Article 8: Final provisions
8.1 This Agreement shall be governed by the laws of Belgium.
8.2 If the Client is a natural or legal person acquiring or using the goods or services solely for non-commercial purposes, any dispute arising out of or in connection with this Agreement shall be settled in the court of the domicile of the Client. Any other dispute can only be settled in the court of Halle-Vilvoorde.
AUP (acceptable use policy)
I. Clients of Unix-Solutions BVBA found in violation of this policy (in the sole and final determination of Unix-Solutions BVBA) will be subject to immediate suspension and eventual termination of their account, without refund of any prepaid services.
II. Unix-Solutions BVBA may subject the Client to liability for damages caused and costs incurred by enforcing this policy.
III. Any act which results in the disruption of service to other clients of Unix-Solutions BVBA or to other Internet users will subject the Client to immediate termination of the account, without refund of prepaid services, and may subject the Client to liability for the cost of lost services, plus investigation costs.
IV. Any attempt to gain unauthorized access to any system, either in the network of Unix-Solutions BVBA, or in any other network, will subject the Client to disciplinary action, up to and including, but not limited to, immediate termination of the account, without refund of any prepaid services, and may subject the Client to liability for any damage caused by gaining or attempting to gain unauthorized access.
V. The Client agrees to reimburse any costs incurred by Unix-Solutions BVBA in the investigation and settlement of any incident described in these Terms and Conditions.
1. Accounts and passwords
A. The Client will retain authentication data (user names, passwords), address data and/or codes with the utmost care.
B. Authentication data, address data and/or codes cannot be shared with any other party without explicit prior permission of Unix-Solutions BVBA.
C. The Client is responsible and liable for any abuse perpetrated using authentication data belonging to the Client, regardless of the identity of the person actually committing the abuse.
2. Network usage
Clients are not allowed to use the systems and/or networks of Unix-Solutions BVBA to:
A. disrupt any system on the network.
B. disrupt network services or network communications.
C. attempt security breaches on any system connected to the Internet.
D. damage or impair the equipment, hardware, software, data or operations of Unix-Solutions BVBA.
E. use the system for illegal or criminal purposes.
F. carry out deceptive online marketing practices.
G. violate the privacy of individual users on the Internet by reading their email or private communications to other users.
H. introduce viruses or other types of malicious programs into any network or system.
I. use the system as a means to improperly gain access to other computer systems, networks, or programs.
J. gain (or try to gain) unauthorized access to data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
K. perform unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
L. interfere with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
M. intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to others, or represent themselves as another user unless explicitly authorized to do so by that user.
N. disrespect legal protection provided by copyright and license to programs and data.
O. disrespect the integrity of computing and network systems; for example, users shall not intentionally develop or use programs that harass other users or infiltrate a computer, computing system or network and/or damage or alter the software components of a computer, computing system or network.
P. transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable national or international law, or any rules or regulations promulgated thereunder.
Q. transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
R. transmit any material (by email, uploading, posting or otherwise) that harasses another Internet user
S. make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as, but not limited to, “pyramid schemes”, “get rich quick schemes” and “chain letters”.
T. add, remove or modify identifying network header information in an effort to deceive or mislead.
U. attempt to impersonate any person by using forged headers or other identifying information.
V. access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Unix-Solutions BVBA or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
W. transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
X. collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Y. send emails, post messages or do otherwise to buy, sell or promote the website, products, items or services without explicit prior permission obtained from third parties to do so.
3. Email
A. transmit unsolicited commercial email (“UCE”) or unsolicited bulk email (“UBE”) messages to any Internet user via their Unix-Solutions BVBA account or via any other Internet connection that in any way implicates Unix-Solutions BVBA.
B. use email, anonymous or otherwise, to send threatening or harassing messages.
C. send email to more than 30 addresses at the same time (using the To, Cc, or Bcc headers), with the exception of mailing lists hosted by Unix-Solutions BVBA.
D. send email to more than 100 addresses in total without prior permission from Unix-Solutions BVBA; article 3C still applies when permission is granted.
E. forge any part of the header information in an email message.
F. temporarily or permanently connect an insufficiently secured mail server to the Unix-Solutions BVBA network. Your mail server is only allowed to accept incoming email that is destined for your own email domain(s), and it is only allowed to transmit outgoing email that originates inside your own IP range or local network. Under no circumstance is your mail server allowed to accept email from outside your network for subsequent delivery outside your network. In short: your mail server must be either a starting point or an end point for email, not a transit point. Unix-Solutions BVBA explicitly reserves the right to block an insufficiently secured mail server without advance notice.
G. any kind of mailing list use by any Client within the Unix-Solutions BVBA network must follow the guidelines of RFC 3098 (available at http://www.faqs.org/rfcs/rfc3098.html). These guidelines are considered an integral part of this AUP.
4. WWW
Unix-Solutions BVBA reserves the right to remove from its servers any customer-protected information found to be offensive by members of the Internet Community, or unlawful by national or international regulations (specifically, but not only, protected material). ‘Offensive’ includes advertising the website by means disallowed by chapters 3 and 4 of this AUP (‘spamvertising’), regardless of the actual ISP used to advertise the website. Repeated complaints may result in the termination of a Client’s account and removal of stored data without prior notice. Violations may be reported to abuse@unix-solutions.be.
