Since we are a company located in the Dutch part of Belgium (Europe), only the Dutch version of our general conditions (“algemene voorwaarden”) apply on any agreement we make. You can find these at the following link: https://webcanyon.eu/av. When registering for a service, purchasing a product, or placing an order, the customer declares that he explicitly agrees to these terms and understands them completely.
For your comfort, we have placed a Google translated version of the general conditions here:
1.1
The following terms and conditions, including hosting and payment, apply to any agreement between Webcanyon, Oude Meirstraat 58, 2390 Malle, Belgium, hereinafter called Webcanyon, and its customers for the supply of products and / or services. The customer expressly acknowledges that the provisions of the sales and delivery conditions of Webcanyon priority over the relevant provisions of the customer.
1.2
The agreement between the customer and Webcanyon is established on 1 or more of the following ways:
– Acceptance of the offer, signed and returned by mail.
– Acceptance of an electronic order confirmation, through the provision of an agreement via email.
– Placement of an order via e-mail.
– Placement of an order via one of these sites, owned by Webcanyon: www.webcanyon.eu, www.pcdefect.be, www.videocontrole.be .
By tacit acceptance, a simple confirmation of the agreement by Webcanyon to the customer either by post, by fax or by electronic mail. The agreement is therefore valid, unless the customer within a period of two weeks after receiving the confirmation objects for by means of a registered letter / protests.
1.3
The agreement is a full view of all the agreements that both parties have made in writing and orally. If one or more parts of this Agreement by any rechtsplegende authority to be invalid, the other parts remain fully valid. The customer is not permitted products and services Webcanyon or parts thereof to third parties to lend, rent, lease, sell or otherwise make available unless in writing between the customer and Webcanyon agreed.
1.4.
All offers are without obligation and are valid for a period of 14 days, unless otherwise specified.
Supplied quotations are only an indication of the price, and are not binding, given the prices depend on several factors. For a current price, please call us. The delivery time is not binding and can be modified if circumstances oblige us to do so. A delay in delivery can not give rise to compensation and / or refund.
1.5
The sale and delivery of Webcanyon are valid for contracts in Belgium and abroad, unless otherwise agreed in writing. The customer accepts that the Terms and Conditions for domain name registrations under the “. Be ‘domain operated by DNS BE shall apply to the contractual relationship between him and DNS BE, created by the application for registration. These conditions are available on the website of DNS. The customer undertakes to Webcanyon harmless against any claim, in or out of court, regarding the products and services that Webcanyon or DNS BE on offer and any damages third parties may require.
2.1
Webcanyon guarantees the customer that the agreed qualitative and quantitative targets will be respected, unless it is demonstrated by the failure of the customer or a third party designated by the customer not being able to help.
2.2
Webcanyon and its customer (s) both have the right to make changes to the agreement entered into to imagine. These changes come into force when they have been accepted in writing by both parties. The customer can not derive any rights from retrospective.
2.3
Changes in information, data, reports or process descriptions by the customer after delivery by Webcanyon fall outside the responsibility of Webcanyon. A normal statistical error in the processing of data by Webcanyon is accepted by the customer and does not constitute grounds for malpractice claims.
3.1
All the client supplied databases, design, process descriptions, market research and other business unique confidential data by Webcanyon accepted as intellectual property of the customer. This information is not made available to third parties.
3.2
All Webcanyon developed by design, process descriptions, market research, software selection and analysis methodologies and all other business unique data remain the exclusive property of Webcanyon, unless otherwise agreed in writing. Adjustment of the above information to the needs of the customer does not imply that intellectual property is transferred to the customer. The customer is liable for all the above information in its possession at the time of termination of the agreement and to destroy a written certificate issued by a mutually acceptable third party, to provide final disposal of such data from all records, databases and other storage in his company. For violation of this clause in the contract, the customer pays to Webcanyon a fine of 1,000, – Euro for each calendar day that he fails to comply with this clause. This penalty does not affect any rights of Webcanyon a separate payment requirements for the use of data and methods that its intellectual property.
3.3
Webcanyon undertakes data from the client not to change or delete without prior consent of the customer, unless after termination of the agreement. Webcanyon is not required to back up data from the customer, unless expressly agreed in writing as part of a backup contract.
3.4
The products and services of Webcanyon may only be used for communications within the laws and regulations as issued by local and national governments, including those issued by foreign and supranational authorities. The customer hereby expressly declares that Webcanyon bears no responsibility for the actions of the customer on the internet and indemnifies Webcanyon for any criminal and / or civil consequence.
3.5
Webcanyon is not liable for any violation of the customer in respect of the copyright, intellectual property, publicity rights, licenses or patents of third parties and similar offenses against the civil law or criminal law in Belgium or abroad, in materials, in the broadest sense of the word (such as software, images, texts, animations, sound material) by the customer to Webcanyon was provided to process the products and / or services Webcanyon. The full responsibility for the payment to third parties of any compensation related thereto lies with the customer.
4.1
Insufficient implementation of the agreement by the customer Webcanyon Webcanyon of default by means of a registered letter with a motivation of the notice specified in the Dutch language within 14 calendar days after delivery. Webcanyon may at any time terminate the agreement, as provided in 4.3, invoke.
4.2
If the inadequate performance of the contract caused by demonstrable failure of the customer and / or its authorized third parties, such as the late or non-delivery or approve of texts, designs, graphics, databases, selection, scripts or other data in order to any shape or size, Webcanyon reserves the right to implement the agreement within the agreed term requirements, while the payment of the customer in incomplete delivery of products or services is not impaired.
4.3
Webcanyon reserves the right to unilaterally by means of a registered letter to the dissolution of the agreement to call if the execution of the agreement no longer feasible and reasonable within normal operations can be considered, at the discretion of Webcanyon. If this compensation by Webcanyon payable to the customer, it can not exceed 50% of the Webcanyon to pay compensation to performance of the contract or in the case of contracts of indefinite duration, the fee for the execution of the agreement during the last full calendar month prior to the date of termination of the agreement. The responsibility to prove the damage caused by dissolution of the agreement lies with the customer. Upon dissolution of the agreement in case of advances not repaid.
4.4
Webcanyon is not liable for any damage or consequential damage caused by breach of Webcanyon due to force majeure, including natural disasters, war, riot, terrorism, epidemics, power failure or power failure, technical malfunction, failure or non-performance of third parties, including suppliers of Webcanyon, fire, vandalism, accidents, illness, strike, impediments imposed by any government or any other circumstance which causes beyond the control of Webcanyon lies.
4.5
The agreement between Webcanyon and the customer is subject to Belgian law with exclusion, where necessary, of the United Nations Convention on International Sale. In case of dispute, the court of Antwerp only competent.
4.6.
Webcanyon has the right to the company name of the customer or the service provided to the customer as a reference to be used for promotional purposes.
5.1
Termination of the agreement takes place under one or more of the following conditions:
a The expiry of the agreed date of termination of the agreement
b. Case of default by the customer (see also 6. Conditions of payment)
c. In case of doubt on the creditworthiness of the customer, at the discretion of Webcanyon
d. Under conditions mentioned in 4.3. The termination of the Agreement, any claim of Webcanyon the customer to cover the cost of pre-payments and deliveries unaffected.
6.1.
Each invoice is payable within fourteen days of the invoice date, unless otherwise agreed in writing. Case of non-payment or incomplete payment within the period of fourteen days, the customer in default for non-payment, even tacitly. If the invoice is not paid in time, by right and without any notice a contractual arrears of 12% per year. For any late payment by the customer is automatically a penalty clause of 15% with a minimum of 75,00 Euro. If a discount was allowed to lapse automatically if the customer does not respect the terms of payment. When reconnection of interrupted Internet services for non-payment, a fee of 25 Euro per domain charged. Payments from the customer to Webcanyon on the total recoverable balance deducted in the order costs, interest and then the invoices in chronological order, starting with the oldest invoices.
6.2
Delivery takes place under retention. Payment by means of bills of exchange, checks, money orders and the like cause no novation. The costs are borne by the customer.Transfer of ownership occurs when full payment of the agreed price, including all costs arising from any late payment by the customer. Webcanyon reserves the right to make the customer the full or partial payment of the agreed price to ask. Challenging the modalities of implementation of the Agreement shall affect the liability of the Client.
6.3
All internet related services are billed annually in advance, unless otherwise agreed.
6.4
The tax is payable by the purchaser. All prices of electrical / electronic devices including Recupel, BEBAT, Ecotax, Reprobel, Auvibel and other relevant contributions.
6.5
Sold goods will only be considered withdrawn, and if a stock article, and the article is not custom made. The seller offers a guarantee under the conditions and the warranty period of the manufacturer. By adopting a construction fault the warranty is limited to replacement of the defective part. In no case may give rise to compensation and / or refund.
6.6
The goods travel at the consignee’s risk, even if they are supplied by the vendor, and the cost, whether or not charged.
7.1
For all internet-related services such as hosting, domain names, colocation, servers, VPS, email hosting, etc., the following additional conditions apply:
You are solely responsible for the content of your website, including the acquisition of the right of use of any text or image on your site or program. The Internet is for everyone. And the Internet can only continue if all users adhere to the generally accepted norms and values that apply to the Internet (the “Acceptable Use Policy” or AUP). Because we believe in the important social role of the Internet, Webcanyon wants to play an active role in applying the generally accepted norms and values.
With a relatively new phenomenon like the Internet, it is not possible to advance all possible breaches of the AUP and to provide detailed description. Common sense and social responsibility remain the best criteria to determine what is acceptable use entails and what is clearly beyond it.
We reserve the right to users through our network violate the AUP immediately remove. The same applies for users that a disproportionate share of common resource use and therefore other users the right to draw a normal way of using our services.
The following are at least a clear breach of the ‘acceptable use policy’ and therefore PROHIBITED:
* Illegal and unlawful acts
In whatever form, including the illegal provision of protected software or other data, promote illegal activities, inciting discrimination and / or racial hatred, disseminating pornographic material or any other illegal act in accordance with the criteria and the laws of each country with access to the website or e-mail
* Unwanted Content
Certain types of content are not allowed on our network. We do not host pornographic content in any form. All content related to hacking, cracking, warez and serialz are not allowed. Chat, IRC, software downloads (freeware, shareware and trial versions), audio and video downloads (including MP3 files) are not allowed.
* Unsolicited Bulk Email (spam)
The use of our network for the transmission of unsolicited bulk email, and the use of unsolicited bulk e-mail for the promotion of sites on our network is strictly prohibited and may result in immediate termination of services lead.
Given the current legislation allows you moreover be liable to criminal prosecution.
* Abuse of Resources
With abuse shall include the use of applications that excessive use of shared resources such as CPU processes, memory or bandwidth. Chat / IRC, web proxy and mailing list scripts are not allowed. CGI based forums are not allowed, only PHP based forums are admitted.
If a website on a shared server, the resources of which server to use excessive, the normal functioning of the other sites on this server is compromised, the corresponding site immediately closed. This measure is taken only in extreme cases where the persistence of excessive consumption would most likely result in failure of the server.
We can in these cases claim compensation from the user for any damages caused by the improper or excessive use of server resources arises. We reserve the right to dubious software without prior notification of your web site.
For each domain, a maximum data transfer per month. For additional data, a maximum rate of 25, – Euro per GB.
All deliveries are subject to retention. If you fail to keep your payment, we reserve the right to change the domain name registered by you to cancel or even to sell the loss of your debt to Webcanyon (depending on local laws or regulations), and all services immediately terminate . If you host your website or transfers the cancellation, all existing data will be deleted from our servers.
Indemnification
The user expressly declares that he Webcanyon and / or its employees will indemnify and defend against any legal action, claim and / or demand for direct or indirect damage caused by or due to any service or the lack or inadequacy of any service Webcanyon or its suppliers arisen.
The following damage which might arise with regard to the data and processes on the servers or the network of Webcanyon or its suppliers hereby explicitly included:
1. any direct or indirect damage caused by the complete or partial failure of any services such as hosting the Web site or sending or receiving email, or saving files on the servers
2. any direct or indirect damage caused by the cognizance of or modify files on the server by non-authorized persons
3. any direct or indirect damage caused by products or services, the marketing and / or sale and / or distribution would have occurred through the servers or network
4. any direct or indirect damages caused by infringement of the intellectual property rights of third parties by posting or distribution of any material on the servers or the network
By using our services, the user explicitly agrees with the condition that he Webcanyon or its representatives or its employees will not be responsible for any damage or loss as a direct or indirect result of the use or non-use or inability to use the service. Webcanyon can not be held responsible for any loss of data or interruption of services. The user must take reasonable precautions to take to avoid the service being abused by third parties. If a third party’s negligence or insufficient security on the part of the user to access confidential information and / or services this exploit, this is the responsibility of the user. The user explicitly accepts that it is responsible for all subsequent damage to Webcanyon or third parties.