STANDARD TERMS AND CONDITIONS
- By signing the Purchase Order, the Client accepts the Standard Terms and Conditions as defined here below and relinquishes any claim to the application of these conditions.
- The Client bears exclusive responsibility for the provided Material, mainly the CDR files and the mapping file between Mobile Phone number and email address, and its accuracy.
- CYC2 will not make the Client personal information, including but not limited to name, mobile phone numbers or email address, available to any other individual or company for any reason whatsoever.
- All services descriptions issued by CYC2 and any descriptions or illustrations contained in CYC2’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of these Standard Terms and Conditions.
- CYC2 will deliver the Services on a monthly basis as soon as possible after the sending of the Materials to CYC2 by the Client. If no dates are specified, delivery shall be within 30 days.
- If the Client does not receive the Services within 30 days after the sending of the Materials to CYC2 due to the fault of CYC2, CYC2 will not charge the Client for the Services
- If the Services delivered are damaged or defective, CYC2’s sole and exclusive obligation will be, at the Client’s option:
- To replace the Services that are damaged or defective; or
- To refund to the Client the amount paid by the Client for the Services.
- When consulting reporting on usage, the Client must observe all rules and regulations with regard to the Privacy Act. Violation of these rules or regulations shall be the entire responsibility of the Client.
The price for the Services is the price set out in the Purchase Order.
- Payment of the price for the Services is due within 30 days of the date of the invoice. If payment of the price or any part thereof is not made by the due date, CYC2 shall be entitled to charge interest on the outstanding amount from the due date at the rate of 10% on a monthly basis with a minimum of 100 euro, until payment is made. This compensation is due in order to recompense CYC2 for the loss of time, and administrative costs incurred.
- In the event of non-payment of one or more invoices, CYC2 shall not be obliged to continue delivering the Services and reserves the option of discontinuing all further delivery of Services without prior notification. The contract will be dissolved at the expense of the Client, who nevertheless is obliged to pay the full value of the contract.
- CYC2 undertakes to execute the service for the term specified on the initial purchase order.
- The Client can terminate the contract without any notice period by paying to CYC2 a penalty equals to the half of the remaining contract value.
- CYC2 will not be liable to the Client for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Services delivered by CYC2. CYC2 shall have no liability to pay any money to the Client by way of compensation.
- CYC2 shall have no liability to the Client for any failure to deliver the Services or any delay in doing so or for any damage or defect to the Services delivered that is caused by an event or circumstance beyond CYC2’s reasonable control or force majeure including, without limitation, CDR layout modification, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- CYC2 could provide proof of distribution of the individual usage reporting on the Internet using all forms of evidence, including witnesses and presumptions.
- Every dispute arising between CYC2 and the Client is exclusively subject to the law of Belgium, and competence with regard to such disputes rests exclusively with the courts of law of Brussels.