E-telier proposes, through the web site www.ami-project.be (hereafter the web site), a service of invoicing and on-line estimate.
Article 1. Identification of the parties and object of the present
The present provisions govern, within the framework of the use of the web site (and the services which are offered by this means) operated by E-telier and accessible at the URL address www.ami-project.be, the relations between
- on the one hand, E-telier whose head office is located at 1410 WATERLOO, rue de la Paix 9 and registered at the ECB under the n° 0821.228.922,
Telephone number : +32 4 76 85 73 06
E-mail address: email@example.com
- on the other hand, the recipients of the proposed services, hereafter called "the Customers".
The present general conditions govern the use of all the functionalities offered by the web site www.ami-project.be and all the services which are proposed there.
Article 2. Knowledge and acceptance of the present general conditions
The use and the consultation of the site www.ami-project.be imply, in an immediate, automatic and unconditional way, the adhesion of the Customers to the present general conditions of which they took knowledge and which they had to accept at the time of their inscription (by notching the obligatory box of validation "I accept").
The present conditions are permanently available on the website www.ami-project.be.
Taking into account the necessity to make its services evolve in order to answer the Customers' request, E-telier makes sure to adapt and improve permanently the modalities and the extent of its services offer. The applicable regulation is also likely to evolve. The present general conditions can be modified at any time by E-telier, according to the evolution of its own needs and the surrounding constraints. The new conditions apply as soon as they are published on the web site www.ami-project.be.
It is up to the Customers visiting the web site www.ami-project.be to check the applicable conditions during their visit. However, in order to be transparent, E-telier will inform the registered Customers of any change. Any registered Customer will indeed receive a notification informing him of the change of contractual conditions at the email address mentioned in his registration form. However, this information is not a prerequisite to the opposability of the new general conditions and is only a commercial gesture of E-telier. If the Customer does not agree with the new general conditions, he has to close his account. Otherwise, he is considered to have accepted the new version of the general conditions.
Article 3. Definition of the service
E-telier proposes a paying and online service allowing to draw up and manage easily invoices and estimates as well as to send electronic invoices.
Article 4. Price and duration of the contract
- Duration of the contract
The contract takes effect from the day of the purchase of an access by the Customer and is concluded for the duration defined by the type of access chosen.
The contract ends at the end of the validity of the access.
E-telier reserves the right to terminate the service at any time. The Customer will be informed by e-mail and will have a one month delay during which the access to the service will be maintained.
The price is defined at the time of the order and remains valid for the duration of the contract.
Prices and conditions can be changed at any time without notice.
- Restitution of data
The data injected by the Customer into the service can be retrieved at any time in the form of a .CSV file.
It is up to the Customer to take all the necessary measures to save and recover his data when he unsubscribes from the service or when he is warned of its forthcoming closure.
E-telier cannot be held responsible in case of loss of data in case of deletion of the account, whether this deletion is voluntary or results from the closing of the service or from a failure to pay the price.
Article 5. Obligations of the Customer
- Supply of correct information
Customers take care to provide E-telier with accurate information about themselves (identity, ECB number, contact data, age, account number, addresses, etc.) and to update them regularly.
It is forbidden for the Customer to impersonate third parties or to use personal data of others on the website www.ami-project.be.
- Payment of the price
The price is paid before the activation of the chosen type of access.
The payment transactions are carried out by an online payment provider. The general conditions of this provider are part of the contract.
Article 6. Role of E-telier
In any hypothesis, E-telier contracts only obligations of means.
E-telier deploys its best efforts so that the Web site is accessible 24 hours a day and in the best conditions of comfort of use.
The service proposed by E-telier can be modified and improved without notice at any time.
If the modifications made fundamentally change the object of the contract, E-telier will warn the Customer by e-mail one month in advance so that the Customer can make the arrangements he considers necessary.
Article 7. Intellectual property and sui generis right
The web site www.ami-project.be in its entirety, including its design, its interface, its databases, its name, its domain name, is the exclusive property of E-telier
No reproduction or communication to the public, integral or partial, of the web site www.ami-project.be or of any of its elements can be made without the prior and written authorization of E-telier.
Article 8. Utilisation de www.ami-project.be par des mineurs
L'accès au site web www.ami-project.be est réservé aux majeurs selon la législation belge, soit les personnes âgées de plus de 18 ans au moment de l'inscription au service.
Les parents sont civilement responsables des dommages éventuellement causés par leurs enfants mineurs dans le cadre de l'utilisation frauduleuse ou contraire aux présentes conditions des services offerts par www.ami-project.be.
Article 9. Sanctions
En cas de non-respect par le Client d'une des clauses de ces conditions générales, E-telier se réserve le droit de suspendre l'accès au service, voire de le supprimer purement et simplement en cas de manquement grave répété.
Un tel manquement est considéré comme une faute grave justifiant la résolution immédiate et sans mise en demeure préalable ni nécessité de recours judiciaire préalable et sans préjudice de tous dommages et intérêts dus pour tout préjudice subi par E-telier du fait de ce manquement.
Dans ces deux hypothèses, E-telier se réserve en outre le droit de suspendre l'exécution de ses propres obligations.
Article 10. Conservation of identification data and communication to third parties
According to article 21, §2, of the law of March 11th, 2003 on some legal aspects of the services of the information society, E-telier is obliged "to communicate to the competent judicial or administrative authorities, at their request, the information allowing to identify the recipients of their services (...)".
Therefore, E-telier reserves the possibility to transmit any data allowing to identify the Customers to any judicial or administrative authority which would ask for it.
Article 11. Data and privacy protection
All collected data are processed in a secure environment.
Both E-telier employees and subcontractors are obliged to respect the confidentiality of this data.
Although E-telier makes its best efforts to guarantee an optimal security and confidentiality, a part of risk is always present and the Customer commits himself to keep permanently a personal backup of the data injected in E-telier's service.
Article 12. Responsibility of E-telier
E-telier deploys its best efforts so that the web site www.ami-project.be is accessible 24h/24 and in the best conditions of comfort of use. However, it cannot commit itself to more than the SLA of its host.
It is reminded that E-telier assumes only an obligation of means in all respects. Unless otherwise agreed, E-telier's responsibility can be engaged only in case of gross negligence and for the only direct damage. In this case, the liability of E-telier will be limited to a maximum amount of 250 EUR. No responsibility of E-telier will be able to be retained for any indirect damage (loss of clientele, loss of turnover, loss of profit, loss of a chance, damage to the honor or to the reputation, etc.).
A technical problem, such as a virus, a computer bug, a malicious intrusion or a dysfunction of the website and/or the software or databases it contains cannot be totally excluded. E-telier cannot be held responsible for the damage suffered by the Customers when they use or consult all or part of the web site or download all or part of its contents.
When it considers it useful to ensure the quality of the offered services, E-telier will have the faculty to interrupt the access to the web site www.ami-project.be to ensure its maintenance. The Customers are aware of the necessity to ensure a regular maintenance of the web site. Therefore, E-telier will not be responsible for any damage resulting from an interruption of the services for maintenance of the web site www.ami-project.be.
The Customer is only responsible for the confidentiality of his access code to the services. Therefore, the Customer is responsible for any act committed through his access, unless he shows that the access code could have been misused due to a voluntary fault of E-telier.
In some of its headings, the web site www.ami-project.be contains hyperlinks towards web sites published and/or exploited by third parties. E-telier is not responsible for the legality, quality or accuracy of the content of these websites. The insertion of a link to a third party website does not constitute in any case an approval or validation of their content. Consequently, the operators and/or publishers of these sites are solely responsible for compliance with the laws and regulations applicable to their activities and to the products and services that may be presented on their sites.
Article 13. Subcontracting and assignment of contract
If it considers it appropriate, E-telier is free to subcontract to third parties of its choice all or part of the tasks entrusted by the Customer.
The transfer of the whole or part of E-telier's activities, whatever the form of the legal operation (contribution in company, transfer of branch of activities...), is also expressly authorized for E-telier.
Article 14. Completeness, non-waiver and partial invalidity
The present general conditions contain the entirety of the parties' commitments. No document, project, mail, or document of any nature whatsoever will be able to be invoked in order to try to infer the existence of a different or complementary commitment from those subscribed under the present.
No act, behaviour, tolerance or omission on the part of E-telier can be interpreted as a renunciation, even partial, on its part to the strict and integral execution of the provisions of the present general conditions as well as of particular conditions which complete them.
In the event of invalidation, unenforceability or partial or total nullity of any of the clauses of these conditions, the parties undertake to negotiate in good faith an agreement containing terms and conditions that will produce an economic effect equivalent to that of the provision in question. The parties further agree that the other provisions hereof shall not be affected thereby and shall remain in full force and effect.
Article 15. Applicable law and competent jurisdiction
In case of dispute, only the courts of the district of Brussels - French-speaking chambers - are competent. Belgian law shall apply, to the exclusion of all others. In case of contradiction between translations, the French text of the present general terms and conditions shall prevail.