TERMS AND CONDITIONS
Last updated on August 18 2022
The website: group-k.be
(hereinafter together the “Platform“)
are an initiative of:
Pastorijstraat 30, 3530 Houthalen-Helchteren, België.
Company number (KBO number): BE 0769.335.308
E-mail: info @group-k.be
(hereinafter “we” or “Group K”)
This document contains
I. GENERAL TERMS AND CONDITIONS
1. Scope of application
These General Terms and Conditions of Use apply to any visit to or use of the Platform by an internet user (hereinafter referred to as the “User”).
By way of exception, the provisions of the General Terms and Conditions of Use may be waived by written agreement. Such deviations may consist in the amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the General Terms and Conditions of Use.
We reserve the right to change our General Terms and Conditions of Use at any time without notice, but we undertake to apply to a User the provisions in force at the time the User used the Platform.
a. Accessibility and navigation
Access to and use of the Platform is restricted to persons over 18 years of age. Each User declares on his/her honor that he/she has reached the required age. We reserve the right to request proof of the User’s age in any way.
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of performance and our actions must therefore be regarded as being covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. We are therefore not liable for damage that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without prior notice.
Groep K largely determines the content of the Platform and takes great care of the information on it. We take all possible rules of the platform to keep it complete, accurate and up-to-date as possible, even when the information is about it. We are the authorities on the right in favor of modifying, supplementing or declaring the platform and content at any time, without incurring any liability.
Group K cannot provide an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Group K cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform violates the law or the rights of third parties or is against public decency, we request that each User inform us as soon as possible by e-mail, so that we can take appropriate measures. to take.
Any download from the Platform is always at the User’s own risk. Group K is not liable for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User’s computer system, which are the User’s sole and exclusive responsibility.
c. Services reserved for registered Users
Access to certain services is limited to Users who have completed registration on the Platform.
Registration and access to the services of the Platform are reserved exclusively to natural persons of legal age and of legal capacity, after completing and validating the registration form available online on the Platform and after accepting these General Terms and Conditions of Use.
At the time of registration, the User undertakes to provide correct, complete and current information about himself. The User must also regularly check the data relating to him/her to ensure its accuracy.
The User must therefore provide a valid e-mail address, on which the Platform will send him/her a confirmation of the registration to our services. An email address cannot be used more than once to register for the Services.
Any communication from the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages he receives at this e-mail address and, if necessary, to reply within a reasonable time.
Also, only one registration is allowed per person.
The User is assigned an identification code that allows him/her to access a space reserved for him/her (hereinafter referred to as the “Personal Space”), subject to entering his/her password.
The username is final, but the password can be changed by the User online in his or her Personal Area.
The password is personal and confidential. The User undertakes not to communicate it to third parties.
In any case, Group K reserves the right to refuse a request to register with the services of the Platform in the event of non-compliance with these General Terms and Conditions of Use by the User.
The User who is regularly registered can request to unsubscribe at any time by going to the dedicated page in his Personal Area. Any deregistration from the Platform will be effective within a period of 2 weeks after the User has completed the appropriate form.
d. Content published by the User
The User undertakes to comply with all applicable and applicable laws (including, but not limited to, privacy and copyright laws) through each of its publications on the Platform. The User will pay particular attention to the interests of third parties, offensive content and content that may be contrary to public order or morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation in any publication and refuse to publish the content online without giving reasons. Likewise, the content published by a User may be modified or removed without any reason or time limit.
By publishing on the Platform, the User grants to Group K, free of charge and on a non-exclusive basis, the right to represent, reproduce, edit, adapt, modify, delete, distribute and distribute the published content, directly or indirectly, on any medium and around the world.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is any relationship between Group K and the external website or even that there is an implicit agreement with the content of these external websites.
Group K has no control over such external third party websites.
We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she leaves the Platform. We can therefore not be held liable for further damage.
4. Intellectual Property
The structure of the Platform, as well as the content, texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. of which the Platform is composed or which are accessible through the Platform, are the property of Group K or Group K has obtained the necessary rights, and as such are protected by applicable and applicable intellectual property law.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of Group K, is strictly prohibited, with the exception of elements expressly are marked as ‘royalty-free’ on the Platform.
The User of the Platform is granted a limited right to access, use and display the Platform and its contents. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise agreed in writing in advance, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform that would change or may change the content or appearance of the Platform.
5. Protection of personal data
We assure Users that we attach the utmost importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently on this point.
The personal data provided by the User during his visit or use of the Platform is collected and processed by Group K for internal purposes only.
Group K undertakes to comply with applicable legislation in this area, in particular Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of those data (the ‘General Data Protection Regulation’ or ‘GDPR’) and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
6. Applicable Law and Competent Jurisdiction
These General Terms and Conditions of Use are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution between the parties, the dispute will be submitted to the courts of the judicial district where Group K has its registered office.
7. Other provisions
Group K reserves the right to change, expand, remove, limit or interrupt the Platform and associated services at any time, without prior notice and without liability.
In the event of a breach of the General Terms and Conditions of Use by the User, Group K reserves the right to take appropriate sanctions and compensation measures. Group K reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without reason and without notice. They cannot entail the liability of Group K, nor can they give rise to any form of compensation.
Updated on October 1, 2021
1. Parties and subject
Group K (hereinafter “Group K” or the “Data Controller”)
Pastorijstraat 30, 3530 Houthalen-Helchteren, België
CBE/VAT: BE 0769.335.308
E-Mail: info @group-k.be
The term “User” refers to any user, whether natural or legal, who visits the Site or interacts with the Site in any way.
In its capacity as data controller, Group K determines all technical, legal and organizational means and the purposes for the processing of the personal data of the Users. Group K undertakes to take all necessary measures to ensure that the processing of personal data takes place in accordance with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (hereinafter the “Law”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (ie the General Data Protection Regulation (GDPR) or “GDPR”; hereinafter the “Regulation“).
Group K is free to choose a natural or legal person who will process the personal data of the users at its request and on its behalf (hereinafter the “Processor” or “Subcontractor”). Where appropriate, Group K undertakes to select a Processor who offers sufficient guarantees with regard to the technical and organizational measures for the processing of personal data, in accordance with the Law and the Regulation.
2. Processing of personal data
Use of the Site by Users may lead to the collection of personal data. The processing of this data by Group K, in its capacity as Controller or by service providers acting in the name and on behalf of Group K, takes place in accordance with the Law and the Regulation.
Personal data is processed by Group K, in accordance with the purposes stated below, through the following methods:
for processing orders, preparing purchase orders and invoices. If this data is used for direct marketing purposes, permission will be requested.
3. Purpose of the processing of personal data
In accordance with Article 13 of the Regulation, the purposes of the processing of personal data are communicated to the User. Those purposes are the following:
Group K collects and processes the personal data of customers only for customer and order management: e.g. customer administration, follow-up of orders/deliveries and invoicing. For the use of direct marketing purposes, permission is always requested from the customer.
4. Personal data that may be processed
The User agrees that, when visiting and using the Site, Group K collects and processes the following personal data:
Name or company name, possibly VAT number, address, telephone number and e-mail address.
The User has the right to withdraw this consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on the prior consent.
6. Retention period of the personal data of the Users
In accordance with Article 13, paragraph 2 of the Regulation, the Controller will only keep the personal data for as long as is reasonably necessary to achieve the purposes for which they are processed.
This duration is in all cases no longer than. The personal data processed for customer management will be kept for the period necessary to comply with legal requirements (including in the field of accounting).
7. Recipients of Data and Disclosure to Third Parties
Personal data may be transferred to Group K employees, employees, subcontractors, processors or suppliers to the extent that adequate guarantees are provided for the security of the data and to the extent that they cooperate with Group K to market the products or provide services. They act under the direct authority of Group K and are in particular responsible for the collection, processing or outsourcing of this data.
In the event that the data is provided to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he or she can give the prior and explicit consent to this use of personal data.
8. Rights of the Users
The User can exercise his rights at any time by sending a message by e-mail to the following address: [email protected], or a letter by post, accompanied by a copy of his or her identity card to the following address : Pastorijstraat 30, 3530 Houthalen-Helchteren, Belgium.
a. Right of access
In accordance with Article 15 of the Regulation, Group K guarantees the User’s right to access his personal data. The User has the right to access this personal data and the following information:
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data has been or will be disclosed;
• in case the recipients are established in third countries or international organisations, the appropriate or appropriate safeguards;
• if possible, the proposed storage period for personal data or, if this is not possible, the criteria used to determine this period;
• the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the Regulation and, at least in such cases, relevant information on the underlying logic, as well as the importance and expected impact of such processing for the data subject.
The Controller may demand a reasonable fee based on the administrative costs for additional copies requested by the User.
When the User submits this request electronically (e.g. via the e-mail address), the data will be provided in electronic form and for general use, unless the User requests otherwise.
The copy of the data will be communicated to the User no later than one month after receipt of the request.
b. Right to rectification
Group K guarantees the right to rectification and deletion of personal data to the User.
In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User first makes the necessary changes himself from his user account, unless they cannot be made independently, in which case the request can be addressed to Group K.
In accordance with Article 19 of the Regulation, the controller shall notify any recipient to whom the personal data has been disclosed of any rectification of the personal data, unless such rectification proves impossible or involves a disproportionate effort. The controller shall provide the data subject with information about these recipients if the data subject so requests.
c. Right to erasure
The User has the right to obtain the removal of his personal data as soon as possible in the cases referred to in Article 17 of the Regulation.
Where the Controller has made the personal data public and is required to erase it pursuant to the previous paragraph, the Controller shall, taking into account the available technologies and the costs of implementation, take reasonable steps, including technical measures, to inform other controllers who process personal data, that the data subject has requested the deletion of the association with such personal data or a copy or reproduction thereof by those controllers.
The two preceding paragraphs do not apply to the extent that such processing is necessary:
• the exercise of the right to freedom of expression and information;
• to comply with a legal obligation to process under Union law or the law of the Member State to which the controller is responsible, or a task carried out in the public interest or in the exercise of official authority entrusted to the controller, to be carried out;
• the establishment, exercise or defense of legal claims.
In accordance with Article 19 of the Regulation, the controller shall notify any recipient to whom the personal data has been disclosed of any deletion of personal data or any restriction on its processing, unless such disclosure proves impossible or involves a disproportionate effort. The controller shall provide the data subject with information about these recipients if the data subject so requests.
d. Right to restrict processing
The User has the right to restriction of the processing of his personal data in the cases referred to in Article 18 of the Regulation.
In accordance with Article 19 of the Regulation, the controller shall notify any recipient to whom the personal data has been disclosed of any restriction on the processing carried out, unless such disclosure proves impossible or involves a disproportionate effort. The controller shall provide the data subject with information about these recipients if the data subject so requests.
e. Right to data portability
In accordance with Article 20 of the Regulation, Users have the right to receive from Group K their personal data in a structured, commonly used and machine-readable format. Users have the right to transfer this data to another controller without Group K preventing this, in the cases provided for in the Regulation.
When the User exercises his right to data portability under the previous paragraph, he has the right to have personal data transferred directly from one controller to another, insofar as this is technically possible.
The exercise of the right to data portability is without prejudice to the right to erasure. This right does not apply to processing necessary for the performance of a task carried out in the public interest or for the exercise of official authority vested in the controller.
The right to data portability does not affect the rights and freedoms of third parties.
f. Right to object and automated individual decision-making
The User has the right at any time to object to the processing of his/her personal data due to his/her particular situation, including the automation of data by Group K. In accordance with Article 21 of the Regulation, Group K will no longer process personal data, unless there are legitimate and compelling reasons for the processing which override the interests and rights and freedoms of the User, or for the establishment, exercise or defense of legal rights.
When processing personal data for prospecting purposes, the User has the right to object at any time to the processing of personal data concerning him/her for such prospecting purposes, including profiling insofar as it relates to such prospecting.
Where the data subject objects to the processing for the purpose of prospecting, the personal data will no longer be processed for that purpose.
g. Right of complaint
The User has the right to lodge a complaint regarding the processing of his personal data by Group K, to the Data Protection Authority competent for the Belgian territory. More information can be found on the website: https://www.dataprotectionauthority.be/.
Complaints can be submitted to the following addresses:
Data Protection Authority
Drukpersstraat 35, 1000 Brussel
Tel. + 32 2 274 48 00
Fax. + 32 2 274 48 35
E-mail: [email protected]
The User can also file a cease and desist order with the president of the court of first instance of his domicile.
10. Limitation of the Controller’s Liability
The website may contain links to other websites of third parties that are not linked to Group K. The content of these sites and compliance with the Regulation and the Law are not the responsibility of Group K.
The holder of parental responsibility must give his or her express consent to the minor under the age of 16 to disclose any personal information or data through the Site. Group K strongly recommends that persons exercising parental authority over minors promote responsible and safe use of the Internet. The Controller cannot be held liable for the collection and processing of personal information and data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents, nor for inaccurate data – in particular as regards age – provided by minors. have been introduced. Under no circumstances will personal data be processed by the Controller if the user indicates that he/she is under 16 years of age.
Group K is not responsible for loss, damage or theft of personal data, in particular as a result of the presence of viruses or after computer attacks.
11. Safety and Security
The Controller implements technical and organizational measures to ensure an appropriate level of security for the processing and collection of data. These security measures depend on the implementation costs related to the nature, context and purposes of the processing of personal data.
The Data Controller uses standard encryption technologies within the IT sector when transferring or collecting data on the Site.
13. Applicable law and competent court
Dit Privacybeleid wordt uitsluitend beheerst door het Belgische recht. Elk geschil zal worden voorgelegd aan de rechtbanken van het gerechtelijk arrondissement van de maatschappelijke zetel van Group K.
General terms and conditions of sale applicable to IT and audit services provided by GROUP K bv
These terms and conditions apply to all deliveries and services regarding IT and audit by GROUP K bv, to the exclusion of other parties’ terms and conditions to the contrary unless explicitly stated otherwise in a written agreement. By signing an agreement, order form or payment of the invoice amount, each other party declares to agree to these terms and conditions of sale.
- Maintenance, structuring, security and management of websites and/or networks: the integration by GROUP K bv of new information provided by the client (text & images) into the existing website and/or network of the client, or writing new or changing existing texts in the existing website and/or network of the client, in the context of the management, security, structuring and/or security of the relevant website and/or network of a client.
- Audit: the audit services organized and provided by GROUP K bv with a view to assessing the network infrastructure, its security and its design.
- Client: the natural or legal person with whom GROUP K bv concludes an agreement to provide the services mentioned above.
When signing an agreement with GROUP K bv, the client declares that he has taken note of the general terms and conditions of sale of GROUP K bv and that he agrees with these conditions and is therefore bound by them.
Only by means of an explicit and written agreement between the client and GROUP K bv can these general terms and conditions of sale be deviated from.
3. OFFER AND ACCEPTANCE
All quotations and quotations by GROUP K bv are completely without obligation. Quotations and quotations by GROUP K bv remain valid for 1 month.
Invoicing takes place on the basis of the order form and any ordered or executed additional work of the current order. Changes to the originally concluded agreement between the client and GROUP K bv are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement.
A composite quotation does not oblige GROUP K bv to perform part of the assignment against a corresponding part of the quoted price. Offers or quotations do not automatically apply to future assignments. The client acknowledges mutual e-mail as legal, valid evidence in application of Article 2281 of the Civil Code.
4. EXECUTION OF THE AGREEMENT
GROUP K bv will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. If and insofar as this is required for the proper execution of the agreement, GROUP K bv has the right to have certain activities and/or services performed by third parties, whether or not in subcontracting.
The client must ensure that all data, of which GROUP K bv indicates that they are necessary or desirable or of which the client should reasonably understand that they are necessary or desirable for the execution of the agreement, are transferred to GROUP K bv in a timely manner. If this necessary information has not been provided to GROUP K bv in time, GROUP K bv may suspend the execution of the agreement and/or charge the client for the additional costs resulting from the delay in accordance with the usual rates. GROUP K bv is not obliged to pay any compensation of any kind whatsoever for damage, due to incorrect, late and / or incomplete information provided by the client. If it has been agreed that the agreement will be executed in phases, GROUP K bv may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
If work is carried out by GROUP K bv or third parties engaged by the client in the context of the assignment at the location of the client or a location designated by the client, the clientless shall take care of the facilities reasonably desired by those employees.
5. DURATION AND TERMINATION
- Design, securing, structuring and managing The design or reworking of a website and/or network or other computer programs is a construction agreement and is executed within a reasonable period of time, unless a delivery period has been expressly agreed. The delivery period is suspended in the cases listed in these general terms and conditions.
- The it hourly rate for these services is 115 EUR, unless explicitly agreed otherwise. For the audit assignments, daily rates of 1000 € apply, unless otherwise explicit agreement.
- The execution period starts upon acceptance of the order by GROUP K bv. The execution period ends with the provisional acceptance, which takes place tacitly on the occasion of the publication on the internet and / or the integration into the network of the client. After publication and/or integration, a period of eight days follows in which the customer can still make comments, after which the website and/or the network is deemed to have been definitively delivered.
- Maintenance contracts
Maintenance contracts start on the day of provisional acceptance as determined above and are entered into for an indefinite period, unless explicitly agreed otherwise and can be terminated at all times subject to a notice period of at least 3 months.
A late payment of one or more invoices for maintenance will result in a suspension of the right to maintenance from the first day after the due date, whereby the remaining instalments will continue to be due.
- Audit contracts
Audit contracts consist of 6 monthly inspection visits by GROUP K bv at the client’s location. The audit is a contract in which GROUP K bv provides advice regarding the quality of the network infrastructures, the level of IT security and the performance of the network. These contracts are entered into for a fixed period and expire after mutual agreement with the client.
If the client does not, improperly or incompletely comply with the agreements concluded with GROUP K bv including the associated conditions, GROUP K bv reserves the right to terminate the agreement with the client immediately.
GROUP K bv has the right to terminate the agreements, without notice of default or judicial intervention, with immediate effect if the client has been declared bankrupt or has applied for or obtained a deferment of payment or has otherwise lost all or part of the free management of its assets. The client is then not entitled to any compensation. The client undertakes to inform GROUP K bv without delay of such events and/or requests.
GROUP K bv undertakes to start as soon as possible with the processing of the data, text(s) and/or visual material provided by the client and with the creation of the agreed products.
When designing a new website and/or network, GROUP K bv first makes a basic design and submits this to the client for approval. The latter checks this draft and passes on comments, comments or comments to GROUP K bv as soon as possible. If the client does not respond to the basic design within a reasonable period of time, GROUP K bv assumes that the client agrees with the basic design. After receiving the client’s responses to the basic design or the absence of such responses within a reasonable period of time, GROUP K bv proceeds to complete the complete design of the network as determined in the basic design, possibly adjusted at the request of the client.
Networks set up and maintained by GROUP K bv are provided to the client on the basis of a documented or digitised report or with the help of an IT tool, which can be specified in more detail.
The audits are always carried out at the location of the client himself during 2 annual checks during which GROUP K bv provides advice regarding conformity according to the applicable standards and according to the rules of good workmanship.
All prices with regard to private individuals include VAT, unless explicitly stated otherwise. Prices to VAT payers are always quoted excluding VAT.
The specified rates are in principle fixed. However, an adjustment to the life expectancy (= indexation) is possible as soon as the originally agreed price is more than 1 year old, or a price adjustment when rising exchange rates or other external causes have increased the prices of raw materials, software or parts by at least 5%.
Other rate changes will be announced by GROUP K bv to the client at least 1 month in advance. The latter is entitled to terminate the agreement from the moment that the adjusted rates take effect, but only in the event that the rate change would entail a price increase. Price reductions cannot constitute grounds for termination.
From the moment that an agreement for the design and implementation of a network or IT support is concluded between the client and GROUP K bv, the client is obliged to pay. The client must pay the amount due within 15 days after group K bv has sent the invoice.
In the case of a maintenance agreement for a network, GROUP K bv sends the client a quarterly invoice. The client must pay the amount due within 15 days after group K bv has sent the invoice. The period of maintenance and the payment term can be changed in a written agreement to the contrary.
In the case of an audit agreement, the audit will only be started after the full payment of the agreed price.
If included in the agreement, in principle for contracts above 10,000 EUR excl VAT, partial invoices will be drawn up and sent, being 30% of contract value upon delivery of materials, 30% at the start of the performance and the remaining 40% upon provisional acceptance of the contract. For all invoices, a payment term of 15 days after sending the invoice by e-mail to the client applies.
From the moment the client exceeds the payment term, he is in default, without a reminder or notice of default being required, and the client owes the official interest rate regarding the legislation on late payment in commercial transactions to GROUP K bv on the outstanding amount, with effect from the due date.
In addition, either the actual collection cost is then due by the client, or a compensation of 10% of the invoice amount, with a fixed minimum of 100 EUR and a maximum of 500 EUR per invoice, at the discretion of GROUP K bv.
In such cases, GROUP K bv reserves the right to temporarily cease any ongoing work or services provided until the amounts due have been received.
All protests regarding the services provided or invoiced must be sent to GROUP K bv within eight days under penalty of forfeiture.
The Client only becomes the owner of, or receives the right to use, the delivered goods and/or services from the moment that he has fulfilled all his obligations towards GROUP K bv.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
NEITHER GROUP K bv nor the client are entitled to transfer their rights or obligations arising from concluded agreements to a third party without the prior written consent of the other party.
Insofar as GROUP K bv depends in its activities on the cooperation, services and deliveries of third parties, on which GROUP K bv can exercise little or no influence, GROUP K bv can in no way be held liable for any damage whatsoever arising from these relationships with GROUP K bv or their termination regardless of whether this damage arises or becomes visible during the relationship with GROUP K bv.
In the event of an attributable shortcoming in the performance of the agreement, GROUP K bv is only liable for the replacement compensation up to the invoice amount. Any liability of GROUP K bv for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to loss of turnover or profit.
The client must take into account that information sent via the internet cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. The client will adequately insure himself against this, with waiver of recourse against GROUP K bv and indemnification of the latter in principal, interest and costs.
GROUP K bv is not responsible or liable for the content of the material supplied by the client that is installed in the network infrastructure of the client and is used.
GROUP K bv is also not responsible for the links that are made on a website and/or network. The client will guarantee that he has the necessary permissions and the right to place links to external websites and / or networks.
The content of the data dissemination and publication remains in all cases the responsibility of the client. GROUP K bv is not deemed to limit or monitor these, nor can GROUP K bv be held liable for the content of its own publication. All necessary copyrights, fees, expenses or fines are at the expense of the client. The client will indemnify GROUP K bv against any claim in principal, interest and costs relating to matters for which he himself must be responsible.
11. FORCE MAJEURE
GROUP K bv does not accept any liability if GROUP K bv cannot meet its obligations as a result of force majeure or external cause.
In the event that the force majeure is only temporary in nature, GROUP K bv will still try to meet all obligations from the moment that this is reasonably possible again. If mutual consultation between the client and GROUP K bv concludes that this is no longer possible, the agreement will be revised or dissolved in mutual consultation. Any services already delivered by GROUP K bv up to the moment of force majeure will still be invoiced.
The client must immediately inform GROUP K bv in writing of changes in the client’s details. This applies to any change of address, change in contact person or authorized person, telephone, email addresses, domain names, etc…
If the client fails to do so, the latter is fully liable for any damage suffered by GROUP K bv as a result.
13. INTELLECTUAL PROPERTY RIGHTS
All material produced by GROUP K bv may not be edited or processed in networks other than those for which it was originally made without the express and written permission of GROUP K bv.
The intellectual property of ideas, concepts or designs provided by GROUP K bv remains entirely with GROUP K bv, unless expressly agreed otherwise in writing. In the latter case, GROUP K bv can stipulate a fee for this. In the event of proven violation of the aforementioned property, GROUP K bv is entitled to determine and charge a reasonable fee for this itself.
Unless explicitly agreed otherwise and in writing, the client must always guarantee the enforcement and respect of the neighbouring rights that may be established on the part of GROUP K bv.
GROUP K bv reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is brought to the knowledge of third parties.
14. DISPUTES AND APPLICABLE LAW
If one or more articles of these terms and conditions are declared invalid by court decision, other provisions of these general terms and conditions of sale will remain in full force and GROUP K bv and the client will enter into consultations in order to draw up new provisions to replace the void or annulled provisions.
All offers made and agreements concluded under these conditions are exclusively governed by Belgian law.
In the event of disputes concerning the interpretation, applicability, termination, termination or execution of the agreement, or the content of these terms and conditions or any other related matters, to the exclusion of the payment of undisputed invoices, the parties undertake to resort to mediation by an accredited mediator before taking any legal action, and this under penalty of inadmissibility.
Without prejudice to the above, and for all other matters, all disputes, arising directly or indirectly from the agreement or related to it, will be brought before the Belgian territorially competent court in Hasselt, which has exclusive jurisdiction.
These general terms and conditions of sale are also published on the website of GROUP K bv.
These conditions are subject to printing errors.
The latest version as it applied at the time of the conclusion of the agreement always applies.
GROUP K bv will not provide personal data of the client to third parties without a legal obligation to do so. This also applies to any confidential information provided to GROUP K bv for the execution of an agreement.
The identity data of the client are stored in our database, with a view to internal use. The client always has the right to request a change or deletion of his data in writing.
By accepting these terms and conditions, the client gives permission for the use and communication of his identity data for promotional purposes. However, the client can always request in writing modification or removal of his data from our database.
If necessary, changes to an agreement can be made after written confirmation from both parties. As a result, the agreed time of delivery may change. GROUP K bv will inform the client as soon as possible of the new delivery date and any financial consequences.
GROUP K bv is free to refer to the delivered end products as a reference for promotional purposes, unless expressly agreed otherwise.