Terms & conditions of sale

1. This contract is concluded for a period of one year, without tacit renewal. Either party may terminate the contract in accordance with Article 7 of this contract.

2. A purchase made via the website www.gigaweb.be, by email or via a purchase order, automatically implies the Client's acceptance of the terms of this contract.

1. The Client undertakes to provide the company Gigaweb with all useful information. The Client is solely responsible for the accuracy of the information provided.

2. The company Gigaweb is in no way responsible for any information entered knowingly or unknowingly by the Client, nor for any damage resulting from it.

3. The Client shall reimburse the company Gigaweb for all costs relating to damage caused by incorrect information provided by the Client or by a third party with access to the Client's account.

4. For the registration of a domain name, the Client acknowledges having read and accepted the general terms and conditions of the national or international authorities, hereinafter referred to as the "Registry" (e.g. DNS.BE).

1. The company Gigaweb reserves the right to extend the services provided to the Client. It will inform the Client via the website www.gigaweb.be, by fax, by email, or by post.

2. The company Gigaweb reserves the right to change the rates in effect on the website www.gigaweb.be. It will inform the Client via the website www.gigaweb.be, by email, by fax or by post.

3. The company Gigaweb reserves the right to amend its Terms and Conditions.

1. The Client shall not use Gigaweb's services in an abusive manner, i.e. in a way that could infringe on the privacy of others, nor for illegal purposes, contrary to public morals or public order.

2. The Client undertakes not to use the services provided by Gigaweb for the purposes listed below — this list of examples not being exhaustive:

• Use contrary to international and local laws, being Belgian law or the laws in force in the relevant countries;
• Creating a false identity or attempting to deceive others by using a misleading identity;
• Using the products of the website www.gigaweb.be for any content that is illegal, obscene, abusive, misleading, vulgar or contrary to public order;
• Using the products of the website www.gigaweb.be for content that may infringe intellectual property rights or other third-party rights, including trademarks and copyright;
• Using the products of the website www.gigaweb.be for defamatory or negative content regarding Gigaweb and its associated companies or regarding any other person or company;
• Sending material containing viruses, "trojan horses", "worms", "time bombs", or any other program that could damage the electronic systems of the recipients of the content;
• Attempting unauthorised access to the www.gigaweb.be service, to other Gigaweb Clients' accounts, or to the systems and networks connected to Gigaweb, by password hacking or any other method;
• Using the service for purposes contrary to criminal, civil or public-order laws.

3. The Client undertakes to use unlimited-type services in a non-abusive manner so that other clients are not affected by such overconsumption. Gigaweb reserves the right to limit these types of services in the event of non-compliance with this rule.

1. The company Gigaweb cannot be held liable for acts of the Client that are contrary to the rules of good conduct (cf. Article 4).

2. Where the company Gigaweb has good reason to believe that the Client is breaching the rules of good conduct (cf. Article 4), it will formally request the Client, by email or by post, to cease any practice breaching the rules of good conduct of this contract (cf. Article 4). If the Client has not ceased such practices within 3 days, the company Gigaweb reserves the right to disable the service, which will consequently become unavailable to the Client. A Client who has used the services provided by the company Gigaweb in a manner not compliant with the rules of good conduct of this contract will not be reimbursed.

3. The company Gigaweb is in no way responsible for the content of email messages sent via its services. Responsibility for the content of the messages lies with the Client.

4. The company Gigaweb is in no way responsible for the content of websites hosted or created via its services, or accessible via its platform (e.g. via "URL Forwarding"). Responsibility for the content of the websites lies with the Client.

5. The company Gigaweb and/or its suppliers shall in no event be liable for direct damages, incidental damages, punitive damages, special or indirect damages, or any other damages of any kind whatsoever, including in particular damages resulting from loss of use, data, emails, or loss of profits arising from or related to the use or operation of Gigaweb's services, delays in using www.gigaweb.be or the inability to use it, the provision or failure to provide services, or damages related to any information, software, product, service and associated graphic elements obtained from this website or resulting from its use, whether or not such liability is contractual.

6. The information, products and services included on www.gigaweb.be may contain technical inaccuracies or typographical errors. This information is periodically amended. The company Gigaweb and/or its suppliers may make improvements and/or changes to www.gigaweb.be at any time. The company Gigaweb and its suppliers cannot be held liable for malfunctions, interruptions or errors in the electronic publication and related services.

7. The Client is required to indemnify the company Gigaweb against any action brought by a third party in connection with the use of the services provided by the company Gigaweb. This indemnity notably implies that the Client will assist the company Gigaweb in its defence and will fully compensate the company Gigaweb for any damage resulting from such a claim (in particular legal costs, any compensation, etc.).

8. The company Gigaweb reserves the right to refuse to proceed with a domain name registration request that would violate the Registries' Terms and Conditions and/or, more generally, domain names that would be defamatory or contrary to public morals or public order.

9. The Client agrees to comply with the regulations/legislation relating to domain name registration. The Client is fully aware that these rules are subject to revision.
The Client acknowledges and accepts that the company Gigaweb has no control over these rules, and cannot be held liable for the consequences resulting from these rules and their amendment.
The Client acknowledges and accepts that the Registry decides on the registration of the domain name in question according to its own registration terms.
The company Gigaweb cannot in any way be held liable if the registration of the domain name(s) is refused by the Registry or subsequently invalidated, cancelled or suspended for any reason whatsoever.
The Client is and remains solely responsible for the chosen name and the decision to proceed with its registration as a domain name.

10. The company Gigaweb only proceeds with the registration of domain names once the Client has paid the amount due. The company Gigaweb is not responsible if, in the period between the request for a domain name and the effective payment by the Client, the requested domain name has been registered by a third party.

1. The company Gigaweb only activates products or services on the Client's account once the latter has paid the amount of the order and the company Gigaweb has received said payment.

2. All invoices must be paid on their due date. Any invoice not paid within the deadline will automatically, by operation of law and without prior formal notice, be increased monthly by 2% of the total amount excluding VAT (any month started counting as a full month). Any applicable taxes and levies are the Client's responsibility.
Furthermore, in the event of non-payment of the company Gigaweb's invoice within the stated period, the company Gigaweb's product(s) or service(s) may be disabled by the company Gigaweb and will consequently be unavailable.
The Client has the option, subject to payment of outstanding invoices and late-payment interest, of requesting the reactivation of the company Gigaweb's service(s).

3. Administrative, technical or other costs related to a payment delay and/or a deactivation of the product or service are entirely the client's responsibility.

1. The Client has no obligation to extend the contract. By default, without a response to our renewal emails, the service will be cancelled one day before the contract's anniversary date. Unless it has been transferred to another agent (in which case the hosting disappears), the domain name will be placed in quarantine with DNS.be.

2. The company Gigaweb may terminate this contract by written notice sent to the Client by registered mail, and terminate the services provided by the company Gigaweb with two months' notice. The Client will be reimbursed for products purchased and paid for, pro rata for the remaining period until the end of the term, within thirty (30) days following notification of the termination of this contract.
If the Client does not comply with the rules of good conduct (cf. Article 4), the company Gigaweb may terminate this contract early, in accordance with the rules and procedure set out in Article 5, paragraph 2.

3. The company Gigaweb reserves the right to cancel a product or service provided by the company Gigaweb if it appears that the Client registered the domain name using incorrect information or information not compliant with the declarations and warranties of the terms and conditions.
Under no circumstances will the cost of the product or service for the remainder of the current year be reimbursed.

4. In the event of a domain name transfer before its expiry date, hosting of the service will be discontinued within 24 hours of the transfer process. No refund will be granted for the unused hosting period.
This measure is necessary for technical reasons, as it is not possible to guarantee a hosting service without an associated domain name.

1. Personal data concerning the Client is recorded in the files of the company Gigaweb – Clos des Mésanges, 53 – 1342 Ottignies. The Client has the right to access and correct this data.

2. This data will be processed by the company Gigaweb as part of customer administration, market research, and for the purpose of conducting promotional campaigns regarding our products and services. If the Client does not wish to receive such information, they may indicate this by email at info@gigaweb.be, by fax at (+32)070 427 288, or by post to the following address: Gigaweb – Clos des Mésanges, 53 – 1342 Ottignies.

3. As part of the services provided, the company Gigaweb undertakes to treat the Client's data confidentially, in accordance with national and international provisions, including, among others, the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (M.B., 18 March 1993), as amended by the law of 11 December 1998 (M.B., 3 February 1999).

4. As such:

• The company Gigaweb does not disclose to a third party, share, or sell any information concerning the email addresses, telephone or mobile numbers, and identification data of the Client's members, affiliates, clients, prospects, employees, contacts or friends without the Client explicitly requesting this in writing, confirming that the individuals concerned have given their consent to this specific use of their data, and guaranteeing that the rules and obligations regarding the use of personal data have been complied with.
• The company Gigaweb does not disclose to a third party, share, or sell any information about the Client (mobile number, email address, telephone and fax number, demographic or identification data) without the Client's consent and without them knowing the purpose of the processing.

Neither the Client nor the company Gigaweb is responsible for the non-performance or delay in performance of obligations arising from this contract due to the occurrence of a force majeure event usually recognised as such by case law.
The following is not considered a case of force majeure: the Client's financial inability to pay all costs relating to the services provided by the company Gigaweb.

This contract may not contain any deletions and shall prevail over the Client's general terms and conditions.
Should certain provisions of this contract be deemed void, the parties undertake to replace the void or unenforceable clause with a clause that corresponds to it as closely as possible, so that the parties' common intention is fulfilled.

This contract, and any order, acceptance or contract arising from it, is governed by Belgian law.
Any dispute relating to this document, its interpretation or its execution shall, failing an amicable solution, be submitted to the exclusive jurisdiction of the courts of Nivelles, Belgium.