How we Collect and Use your data.
At beyoond, we value your privacy. We are committed to safeguarding your information on our website and related platforms such as Mailchimp. When you visit our site, we collect standard non-identifying data automatically through your web browser. We may ask for personal details such as your first name, last name, job title, and email address, which are considered identifying information. We only request and use this information to provide and enhance our services. We collect your information with your knowledge and consent and explain why we need it. You can choose not to share your information. We may use your personal information to respond to your inquiries or send newsletters if you’ve subscribed.
Your data is stored and processed in Belgium or in France, adhering to data protection laws. We retain your information only as long as necessary and take measures to protect it. While we strive for security, no electronic method is entirely foolproof. If you request deletion of your data or if it becomes irrelevant to our operations, we will remove it within a reasonable timeframe. If you no longer wish to share your data with us, you can send us an email to hello@beyoond.agency with the subject “Unsubscribe” — Your privacy is important to us.
Privacy.
Article 1.
Content.
Beyoond has taken the greatest possible care in the creation of this website. However, Beyoond does not guarantee the accuracy of the information provided. Users should also be aware that the information provided is subject to change without prior notice. Therefore, Beyoond accepts no liability for the website’s content and the use thereof.
Article 2.
Disclaimer.
Not all the information on this website is tailored to personal or specific circumstances and, accordingly, the information may not be considered as personal advice provided to the user. However, Beyoond attempts to ensure that the information published on this website is as comprehensive and accurate as possible.
Beyoond shall in no event be liable for any direct or indirect damage arising from the use of the information made available on the website.
The website’s content (including links) may be adapted or supplemented at any time without any prior warning or notice. Beyoond does not guarantee the proper functioning of the website and shall in no event be liable for any failure, temporary unavailability of the website or any forms of direct or indirect damage that may result from accessing and using the website.
The website may contain hypertext links to third party websites or pages or refer indirectly to them. The presence of links to such websites or pages does not imply any approval whatsoever of the content of such websites or pages. Beyoond has no control over the content or characteristics of such websites and pages and shall in no event have any liability for the content or characteristics of the said websites and may not be held liable for any damage resulting from their use.
Beyoond shall not be liable to any party whatsoever, whether directly or indirectly, for any damage arising from the use of the website due in particular to hypertext links, including but not limited to any loss, labour disruption, deterioration of the programs or data on the user’s computer system, hardware and/or software.
Article 3.
Copyright.
The texts, layout, illustrations, logos, designs and other components appearing on this website are protected by intellectual property rights owned by Beyoond. Any copy, adaptation, translation, arrangement or modification of all or part of this website, in any form or by any means whatsoever, whether electronic, mechanical or other, is strictly prohibited without the copyright holder’s prior written consent. Any infringement may give rise to civil or criminal proceedings.
Article 4.
Miscellaneous.
Any dispute relating to the Beyoond website shall be governed exclusively by Belgian law. The Courts of Brussels shall have sole jurisdiction for any disputes.
Article 5.
Beyoond warrants that.
It treats your data as confidential and processes them in accordance with applicable national and international laws and regulations, including among others the Belgian law of 8 December 1992 on the protection of privacy in relation to the processing of personal data, as amended by the law of 11 December 1998.
Article 6.
Purpose of the processing of your personal data.
Although the information on this website is available without any need for the user’s personal data, it is possible that users may be requested, for the purposes indicated below, to provide personal data and information.
In providing us with your personal data you expressly authorise Beyoond to process such data for the purposes specified below. Your data are entered in Beyoond’s data files and we process them for the purpose of managing our clients and publications, the services offered in order to improve their quality, and to inform you of new Beyond services and products.
The personal data collected are neither sold nor made available to third parties, except in the special circumstances referred to in article 3 below.
You may oppose the processing of your personal data at any time and without reason.
Beyoond may collect non-personal, anonymous data and information, such as the browser version and IP address, the operating system used and the domain name of the website from which the user visits the Beyoond website or to which you as the user go when exiting it. This is used solely for the purpose of optimizing the website on an ongoing basis.
Article 7.
Publication and disclosure of your personal data.
Beyoond may need to disclose your personal data if requested to do so by a legal authority or in good faith in considering that such action is necessary in order to comply with all applicable laws and regulations in force. That would also be the case in the event of proceedings instituted against Beyoond and/or the website, in order to protect and defend the rights and property of Beyoond, the website and Beyond users.
Beyoond may need to disclose such data, in extreme circumstances, in order to protect the personal security of users of Beyond and/or of the website or of the public.
Article 8.
Your rights in respect of your personal data.
Article 8.1
Your right to information.
The controller for the processing of your personal data is Beyoond, a company having its registered office at 9 rue Patiaux, 1410 Waterloo. Any questions concerning the recording and processing of your data may be sent to that address.
For more general information, you can always contact the Belgian Commission for the protection of privacy at the Ministry of Justice. The address of its website is: https://www.privacycommission.be.
Article 8.2.
Your right of access, objection and rectification.
By sending a dated and signed written request to Beyoond, you may obtain free of charge, subject to providing proof of your identity (copy of your ID card and/or passport), written notice of your personal data, with the right, if applicable, to rectify them if they are inaccurate, incomplete or irrelevant.
A copy of your data will be transmitted to you within not more than 45 days after receipt of your request.
Article 9.
Breach of your privacy.
If, at any time, you believe that our website does not respect your privacy, please inform us accordingly by email to the following address: “info@beyoond.agency”. We will do everything possible to identify and resolve the problem.
Article 10.
Cookies.
Beyoond occasionally uses cookies in order to provide you with a better service. A cookie is a small file stored by a website on your computer: this cookie may be retrieved during a subsequent visit to the same website. A cookie cannot be read by a website other than the one that created it. Beyoond uses cookies for administrative purposes, for example, for saving your preferences for certain types of information or your access code, which will ensure that you do not have to repeat the same keyboard entries whenever you visit our website. Most cookies are only active for the duration of a single session or visit. None of them contain information that could be used to contact you by telephone, email or post. You can also set your browser to notify you whenever cookies are created or to prevent them from being created (in that case some services requiring cookies will no longer be available).
Terms of Use.
Article 1.
Definitions.
For the purpose of these general terms and conditions, the following terms and definitions shall apply: The Internet, or internet network, is a global network combining telecommunication resources and server and client computers, designed for exchanging electronic messages, multimedia information and files. It works by using a common protocol for routing between intermediate systems messages divided into independent packets. The Web, or worldwide web, is an Internet system, divided geographically and structurally, for the publication and consultation of documents using hypertext techniques. Hypertext is a referral system which allows users to navigate directly from one part of a digital document to another, or from one document to other documents, chosen as relevant by the author, by clicking on a link (text or image component), called a hypertext link. FTP (File Transfer Protocol) is a logical protocol used to transfer data on the Internet, designed for downloading files between remote devices. HTML (HyperText Mark-up Language) is a standardised computer language (ISO 8879 standard) used to generate WWW-compatible documents. It allows for sophisticated screen presentations, the insertion of images and above all the presence of hypertext links. The source code thus generated is interpreted by the browser at the time of downloading. HTTP (HyperText Transfer Protocol) is the client-server communication protocol used for data exchanges on the web. IP (Internet Protocol) is the Internet’s routing protocol, which enables data packets (datagrams) to be routed between inter-connected computers. TCP (/IP) or Transmission Control Protocol refers to the series of instructions defining the way in which data packets (datagrams) are routed over the Internet. TCP (/IP) also refers to the language which enables computers connected to the Internet to communicate, including the functionalities for routing data packets in a certain order. The client computer is a client workstation which consults data or requests services located on the server, for example via the Internet. The IP address is a unique numeric address used to identify each computer connected to a network and in particular the Internet (fixed for servers and usually dynamic, that is to say allocated by Internet access providers for each communication, for the client computers that want to access the network). The IP addresses of computers identify them in the network and ensure the correct routing of the data packets exchanged via the network. The browser or navigation software are, in an Internet type environment, software programs that enable users to search for and consult documents, and use the hypertext links in them. The webpage is made up of a coherent set of digital files, different formats, forming texts, still and moving images, specially formatted for the Web so as to be displayed on the monitor of a computer connected to the Internet via navigation software and a multimedia computer and containing hypertext links to other webpages. The website is a set of documents and applications placed under the same authority and accessible via the Internet at the same universal address. A website can be included in a larger website. The access provider is an organisation that provides clients with access to the Internet, or more generally, to any communication network. It is a technical service provider that makes a server that is permanently connected to the internet network available to its subscribers, to enable them to surf the Internet, access websites, exchange electronic messages, participate in discussion groups and download files and, more generally, to exchange data with other computers connected to the Internet. Routing consists in determining the route taken in a network and in particular in the internet network by a communication or a data packet (datagrams). The (file) server is the computer that makes available to a network’s user, and in particular Internet users, files that can be displayed, listened to or downloaded, and in particular the sets of files forming webpages. The domain name is the name, corresponding to the server’s IP address, designating a website on the Internet. It is the body of the URL of the website’s home page, after the prefix designating the protocol (HTTP) and the network (www.). The domain name server is the computer which, after consulting a database, matches the domain names to the digital addresses. The URL or Uniform Resource Locator is the universally unique name that enables a resource or a document to be located on the Internet, and which indicates the method for accessing it, the name of the server and the route within the server [definition based on the official definition published in the JORF]. It is the Internet address used by navigation software. It is the standard addressing system on networks and in particular the Internet of all documents, across all connected computers. The basic structure of an URL is as follows: protocol://server/directory/document.extension. Website hosting consists in making available to the owner of a website, a file server or a given space on a file server, to store the files in various formats making up the website’s pages, limited to a certain volume, measured in megabytes. Email or Electronic mail refers in this agreement to the computerised document that a user enters, sends or consults offline via a network. An email generally contains a text to which other texts, images and/or sounds may be attached.
Article 2.
Object and General Points.
2.1. – These general terms and conditions are intended to govern and determine the contractual relationship between beyond and its CLIENTS within the framework of a contract for the creation of websites designed and created by beyoond.
They are also intended to govern and determine the contractual relationship in the case of additional services which may be provided by blcreative in connection with the registration of domain names on behalf of CLIENTS and the hosting of the websites designed and created by beyoond on behalf of CLIENTS.
2.2. – The general terms and conditions define the rights and obligations of blcreative and CLIENTS, as well as the general technical and financial terms and conditions under which blcreative provides its services to CLIENTS.
2.3. – All orders placed by the CLIENT with blcreative are formalised by way of an order form or a contract. The detailed technical characteristics of the works and services are specified on the order form or in a contract and constitute the specifications. blcreative shall in no event be bound by any general terms and conditions of clients, regardless of whether they differ in whole or part from these general terms and conditions, unless agreed otherwise in writing. Any provisions to the contrary shall be deemed null and void.
2.4. – The signature by the CLIENT of an order form or a contract generated by blcreative automatically implies its acceptance of these general terms and conditions and, where applicable, of any special terms and conditions to which they may refer.
2.5. – The nullity or invalidity of one or more of the following provisions shall not affect the validity of the CLIENT’s acceptance of the order form or the contract signed by it or the other provisions of these general terms and conditions.
2.6. – beyond reserves the right to modify the contents of these general terms and conditions of sale, subject to notifying the CLIENT of any such changes. The CLIENT shall be deemed to have accepted any such changes unless it objects to them in writing within twenty-eight (28) days after such notification, and as a result the new general terms and conditions of sale shall automatically enter into force immediately, at the end of the said period.
2.7. – All communications between the parties, which do not occasion a change in the obligations provided for in this agreement, may be sent electronically, it being agreed between the parties that electronic mails and files, if they are stored on a solid, unalterable medium, shall be considered as prima facie evidence of such communications.
2.8. – The application, interpretation and performance of these general terms and conditions shall be governed by Belgian law and the Courts of the judicial district of Walloon Brabant shall have sole jurisdiction to hear and disputes arising hereunder.
Article 3.
Creation of websites.
Article 3.1.
Object and general points
3.1.1. – The CLIENT entrusts to beyoond, on an exclusive basis and in accordance with the provisions of these general terms and conditions, the task of designing and producing a website accessible on the Internet.
3.1.2. – beyoond shall be responsible for the creation and production of the website.
1. Its tasks and responsibilities will include in particular:
- Designing the website’s structure;
- The graphic design of the website’s pages;
- The necessary digitization, adaptation and modification of the images, texts, sound and data used;
- The necessary programming for the consultation and running of the website;
2. Its tasks and responsibilities do not include: (depending on individual cases)
Promoting the website and its referencing, maintenance, security and connectivity, carrying out a feasibility and profitability study, etc.
3.1.3. – beyond shall devote the necessary resources in accordance with all proper rules to the performance of its tasks and responsibilities, it being understood that it cannot guarantee the outcome and, accordingly, has only an obligation of means. In particular, access to the website and its inviolable protection against intrusions depend on the circumstances and infrastructure over which beyond has no control.
Article 3.2.
Collaboration between the parties – transmission of information
3.2.1. – The CLIENT shall ensure that it provides all necessary or appropriate information for the creation of the website as soon as possible after the date of signature of the order form. It is the CLIENT’s responsibility to provide the information content to be included on the website, whether such content is visible or invisible to the website’s visitors, in accordance with the provision of the order form or the contract.
3.2.2. – The CLIENT has sole responsibility for the information content that is published online by it or at its request. It undertakes to comply with all rules and regulations which might prevent, limit or regulate the dissemination of information, including in particular by way of example: codes of conduct and netiquette, privacy protection and intellectual rights, etc. 3.2.3. – Either on its own initiative, or on the initiative of a third party, blcreative may suspend temporarily or definitively the online availability of the website or access to all or part of it if it has a reasonable suspicion that a legal or regulatory provision, or a contractual rule has been violated. The CLIENT waives any claim to compensation in the case of a misjudgement in this regard, other than in the event of fraud or gross negligence. The suspension of the service in accordance with this provision shall not suspend the CLIENT’s payment obligations. 3.2.4. – The CLIENT shall collaborate with beyond in order to ensure the correct performance of the agreement, in particular by allocating the necessary means and human resources to it, by appointing a project leader and by replying promptly to questions received from beyond.
If beyoond has not received the documents and information from the CLIENT within the agreed time limits and in the agreed format, it reserves the right to inform the CLIENT that the agreed time limits and schedules have been extended accordingly.
Article 3.3.
Schedule
Unless stipulated otherwise, a work schedule shall be drawn up. beyoond shall endeavour to adhere as far as possible to this schedule, but it is agreed that it shall remain only indicative. Unless stipulated otherwise in the schedule The CLIENT has 7 days after receipt of the provisional version to submit its observations to beyoond. After that time, the provisional version transmitted shall be deemed to constitute a final version. beyoond has 15 days to make any amendments required by the observations notified in a timely manner by the CLIENT with regard to the provisional version.The CLIENT has 7 days to make fresh observations. After that time, the amended version shall be deemed to constitute a final version. beyoond has a final period of 15 days to finalise the website. To be valid, any claims regarding the final version must be submitted in writing to beyoond within not more than 30 days after the transmission of the said final version. After that time, the work and delivery shall be deemed to have been fully accepted by the CLIENT. beyoond is providing a three-month guarantee on all technical issues once the website is online.
Article 3.4.
Prices – Payment – Late Payment Penalties
Emails sent from the address accounting@beyoond.agency act as registered letters and may be used as evidence in the event of any financial dispute relating to legal action. Both parties agree to a quote based on the specific needs of the client, with the quoted amount subject to change depending on additional requests made during the project. A new quote will be issued and must be accepted by the client. All invoices must be paid within 30 days unless otherwise stipulated in writing by Beyoond. Any sum due to the agency and not paid within 30 days shall automatically be increased by 10% as a fixed and irreducible penalty clause, without notice of default being required but by the mere occurrence of the due date. In addition, the amounts due will bear interest on arrears at 1% per month until full receipt of the amounts claimed. In the event of non-payment on the due date, the agency may suspend its assignment, provided it gives the customer at least 15 days’ notice by registered letter. Furthermore, beyoond shall be compelled to suspend access to the CLIENT’s website. Please note that a reactivation fee of €250 will be applicable for restoring access to the website following payment. These terms are designed to ensure the timely fulfilment of payment obligations and to maintain the operational integrity of the CLIENT’s website.
Article 3.5.
Intellectual rights
3.5.1. – Specific software: Subject to payment in full of the agreed price, the CLIENT shall have a non-exclusive and non-transferable right to use free of charge, for all countries and for an unlimited period, the software and/or functionalities developed by beyond for it, to the extent necessary for the operating of the website and its consultation by Internet users, as well as for any necessary modifications or adaptations at a later date that the Client may want to make or have made to them, by beyond and/or on its behalf by a third party. To that end, blcreative shall transmit to the CLIENT, at the latter’s request, a copy of any such specific software and functionalities in digital format.
However, the code, the rights in respect of which shall remain the property of beyond, may not be assigned, sold or communicated to a third party by the CLIENT other than for the purpose of adapting or improving the website on behalf of the CLIENT.
3.5.2. – Standard software: The contractual relationship between beyond and the CLIENT within the meaning of these general terms and conditions may in no circumstances be interpreted as conferring property rights on the CLIENT, either in respect of the standard software used by beyond for the performance of its website design and creation services, or in respect of the software available on the market and required for the purpose of hosting the website or ensuring its proper running, such as search engines, database applications, etc., for which beyond has a right of use granted by the rights holder. If the CLIENT subsequently decides to have the website hosted on the server of a third party, it shall have sole responsibility for ensuring that the said third party has the right to use the said applications.
3.5.3. – The other works created by beyond specifically for the CLIENT, other than the abovementioned software, in particular the structure of the website, the creation if applicable of databases, the creation of the design, html pages and the graphics of the website shall become the property of the CLIENT upon payment in full of the amounts due to beyond.
3.5.4. – beyond shall remain the owner of the knowhow developed or used in connection with the performance of its services and shall remain free to use it for any other purpose, in particular for the creation of other websites. It may, in particular, for such purposes, re-use freely the software and code developed specifically for the CLIENT.
3.5.5. – beyond shall hold the CLIENT harmless against any claims from third parties claiming to hold an intellectual property right in respect of all or part of the specific software and/or functionalities or works created by beyond, unless the claim relates to a component or data provided by the CLIENT to beyond for the creation of the website.
3.5.6. – The CLIENT warrants that it has all the necessary rights and/or authorisations, and it undertakes to hold beyond harmless against any claim by a third party that claims that it is the holder of industrial or intellectual property rights in respect of any of the components, in particular all texts, images, logos, graphics, photos, audio and video films, files, software, databases that the CLIENT has asked beyond to integrate into the website or to use for its design. This warranty shall extend to all uses made by beyond of these components. The components and data provided by the CLIENT shall remain its property.
3.5.7. – Sharing of native files is subject to the following conditions. 1 – Partial assignment : We retain ownership of the transferred files while you are granted the right to use their contents (as stated in our general terms of sale). The native files must be hosted on your server and cannot be transferred to any third-party supplier or agency. Any modifications made to the native files must be minor and relevant to the project at hand. The files may not be used for any other communication purposes. 2 – Full assignment : The assignment of our source files, including all related copyrights and exploitation rights (without limitation), shall be subject to an additional fee equal to 100% of the total project budget (excluding VAT and printing). The working methodology and implementation of contents in the files shall not be subject to any objections or challenges. Delivery of native files does not include typography, as it is licensed by Adobe Creative. Upon delivery of the native files, we shall not be held responsible for any graphic or technical issues. Any subsequent requests for support shall be invoiced at our standard hourly rates.
Article 3.6.
Confidentiality
3.6.1. – beyoond undertakes not to disclose the content which will subsequently be made accessible on the website and not to disclose the assignment entrusted to it or the future existence of the website, until such time as it is accessible on the Internet.
3.6.2. – Each party undertakes not to disclose or communicate or allow to be disclosed or communicated, nor to use directly or indirectly, unless it has been authorised to do so in writing beforehand by the other party, the confidential data, reference material, information, applications, methods and knowhow, as well as all the documents of whatever type, of which it has become aware in the course of its assignment.
3.6.3. – The confidentiality obligations provided for in these general terms and conditions shall continue to apply for as long as the information in question remains confidential, including beyond the date on which the contractual relationship between the parties ends.
Article 3.7.
Duration of the contractual relationship
3.7.1. – The contractual relationship between the parties shall take effect from the date of signature of the order form or the contract and shall end when each party has fulfilled all its obligations, that is to say after the delivery of the final version of the website by beyond and full payment of the price by the CLIENT.
3.7.2. – Each party may terminate this agreement at its sole discretion by giving 15 days’ notice by registered letter with acknowledgement of receipt to the other party at its registered office.
If the CLIENT terminates the contractual relationship, it shall be liable to pay a penalty of 10% of the amount due for all the services provided for under these general terms and conditions, without prejudice to blcreative’s right to claim the cost of the expenses and services existing on the day when the CLIENT terminates the contractual relationship.
3.7.3. – In the event of a breach of contract making it impossible for the parties to continue their collaboration, each of the parties may terminate this agreement at any time and without notice, without prejudice to the right to claim compensatory damages, where applicable. This shall also apply in the event of the bankruptcy or liquidation of the other party.
Article 3.8.
Right to publicity
3.8.1. – beyoond may request that its role as the creator of the website should be acknowledged in an appropriate place on the website, with a hypertext link to its home page. The CLIENT shall ensure that this reference and link are placed in the appropriate place, and are not masked by other texts or components. beyoond may also, for advertising or third-party information purposes, mention the CLIENT’s name in the list of clients having entrusted it with the creation of their website and illustrate its accomplishments by way of a copy of several screen prints of the website created for the CLIENT.
Article 4.
Domain name.
4.1. – As part of its assignment, beyoond may be tasked with registering, in its name and on behalf of the CLIENT, a domain name with “OVH.COM”, either directly, or through a third party, in accordance with the CLIENT’s instructions. The CLIENT shall be the sole owner of the domain name.
4.2. – beyoond shall have no liability if the domain name chosen by the CLIENT is refused.
4.3. – The domain name is reserved with “OVH.COM” for a period of one year, tacitly renewable by one-year periods.
4.4. – If the contractual relationship between beyoond and the CLIENT ends or is terminated, for whatever reason, the CLIENT must pay any amounts relating to the registration of the domain name with “OVH.COM” for the current one year period and for all other successive periods.
In any event, the CLIENT must reimburse all expenses whatsoever incurred by beyond for the acquisition and/or maintenance of the domain name registered on behalf of the CLIENT with “OVH.COM”.
4.5. – The CLIENT acknowledges that it shall use the domain name in accordance with applicable laws and regulations in force and the rights of third parties. It represents to beyoond that it is entitled to use the words making up the domain name, having regard in particular to any intellectual property rights over the said words. beyoond shall have no liability for any copyright infringement with regard to the registration or use of the domain name.
Article 5.
Hosting.
Article 5.1.
General points
5.1.1. As part of its assignment, beyoond may be entrusted with arranging for the website’s content to be hosted on behalf of and for the account of the CLIENT with the service provider of its choosing. To that end, beyond shall upload the website’s content to the servers of the hosting provider.
Article 5.2.
Disclaimer – Warranty
5.2.1. – beyoond shall have no liability for the adequacy of the services that it provides having regard to the specific objectives intended or pursued by the CLIENT, in that before any decision by the latter, blcreative will have provided it with clear information on the proposed service.
5.2.2. – beyoond shall have no liability in the event of any action or proceedings instituted by a third party, if it was unaware of the unlawful activity or information, or if as soon as it became aware of such, it acted promptly to have such information withdrawn or access blocked, by informing the hosting provider accordingly in the following cases:
– the publication of information, images, sounds, texts, videos in infringement of laws and regulations in force, contained and/or disseminated, directly or via the use of a frame or a hypertext link, on the CLIENT’s website(s);
– the infringement of intellectual property rights in respect of the works disseminated or reproduced, in full or in part, on the CLIENT’s website(s), without their author’s express consent;
– the suspension and/or closure of the accounts, in particular because of the failure to pay the amounts due pursuant to this agreement, and more generally because of the CLIENT’s failure by to fulfil any of its obligations whatsoever hereunder.
5.2.3. – The CLIENT shall hold beyond harmless against any conviction handed down in this regard, because the latter was unaware of the unlawful activity or information, or because as soon as it became aware of such, it acted promptly by contacting the hosting provider to have such information withdrawn or access blocked.
5.2.4. – In addition, because of the characteristics and limits of the Internet, of which the CLIENT represents that it is fully aware, beyond shall have no liability, in particular, for:
– difficulties in accessing the hosted website because of saturated networks during certain periods;
– the contamination by viruses of the CLIENT’s data and/or software, whose protection is the CLIENT’s responsibility;
– malicious intrusions by third parties on the CLIENT’s website, despite the reasonable security measures put in place by blcreative and/or its hosting provider;
– any damage which might be caused to equipment connected to the hosting provider’s servers, as such equipment is under the sole responsibility of the persons connected to such servers and in particular of the CLIENT in the case of connections in [FTP; SFTP: other] mode;
– the hijacking of passwords, confidential codes, and more generally, any information of a sensitive nature for the CLIENT.
5.2.5. – The CLIENT bears sole responsibility for the website’s content and any damage that might arise from its use or display;
5.2.6. – Neither party shall be liable towards the other party for the non-performance or delays in the performance of an obligation pursuant to these general terms and conditions where such failure or delay is due to an event of force majeure as usually accepted as such by case law.
Article 5.3.
The client’s obligations
5.3.1. – The CLIENT must provide Beyoond with all the information needed by it to provide its services.
5.3.2. – The content published on the hosted website must comply with all applicable laws and regulations, including but not limited to those concerning intellectual property, the protection of personal data, the protection of minors, transborder data flows and civil liberties.
5.3.3. – The CLIENT must pay the agreed price for the services provided by blcreative and its suppliers, as well as for any additional services which may be required during implementation, in accordance with these general terms and conditions.
5.3.4. – The CLIENT undertakes to bear all the costs if proceedings are instituted against blcreative because of the content of its website or its actions. 5.3.5. – The CLIENT undertakes not to publish online:
– any WEBPAGE designed so as to allow for the display, within a frame, of all or part of the content of one or more pages of another website, without having obtained the prior express consent of the owner of the other website for such utilisation.
– any WEBPAGE containing deep hypertext links to secondary pages of another website, without having obtained the prior express consent of the owner of the other website to such pages being displayed.
– any WEBPAGES containing audio files, in particular MP3 type files obtained by the unauthorised reproduction of original works.
– any WEBPAGES containing video files, in particular in MPEG, AVI, DIVX formats, or other, obtained by the unauthorised reproduction of original works.
– any WEBPAGES containing software obtained by the unauthorised reproduction of original software programs.
– any WEBPAGES containing a component that may be linked in particular to paedophilia, practices offensive to human dignity, racial hatred or xenophobia, the promotion of terrorism or violence, the manufacture of explosives, the manufacture or distribution of drugs or illegal or unlawful substances, calls for sedition or opposition to the functioning of State institutions.
5.3.6. – It is the CLIENT’s responsibility to take all appropriate measures to protect the integrity, availability and confidentiality of its own data.
Article 5.4.
Confidentiality
5.4.1. – The parties undertake to treat as confidential, throughout the duration of their contractual relationship and after its expiration, the terms and conditions of the agreement, as well as all commercial, financial, technical or other information obtained in the course of its performance. More specifically, the parties shall refrain from communicating to third parties other than their employees any confidential information as defined above.
Article 5.5.
Termination – Suspension of the Services
5.5.1. – If the CLIENT fails to comply with any of the abovementioned obligations, through its own fault or negligence or through that of its employees, agents, suppliers or subcontractors, beyoond may terminate the contractual relationship resulting from these general terms and conditions, if, within 15 days after notice of default sent by email, the said default has not been remedied. Furthermore, beyond may request its supplier to suspend the hosting service and/or any related service until the CLIENT has remedied the default in question.
Article 5.6.
Revertibility
5.6.1. – beyoond shall be responsible for transferring the data hosted on the servers of its supplier and belonging to the CLIENT, to the servers of the service provider designated by the latter, within 30 days after the end of the contractual relationship.
Article 5.7.
Representations
5.7.1. – beyoond represents to the CLIENT that:
– it has the capacity and expertise needed to enter into its commitments under this agreement,
– it shall provide its services professionally and efficiently,
– it shall not use, other than for the purpose of fulfilling its obligations, any of the CLIENT’s confidential information, unless it has received the latter’s prior express authorisation to do so,
– the website shall be easy to administer,
– it is acting as an intermediary in the provision of the hosting service and related services and not, directly, as a website host or publisher and that, accordingly, the CLIENT shall assume full responsibility for the content of its website.
5.7.2. The CLIENT represents and warrants to beyond that:
– the hosted website shall not contain any component that may be linked in particular to paedophilia, practices offensive to human dignity, racial hatred or xenophobia, the promotion of terrorism or violence, the manufacture of explosives, the manufacture or distribution of drugs or illegal or unlawful substances, calls for sedition or opposition to the functioning of State institutions,
– it is familiar with the Internet, its characteristics and its limits,
– it has satisfied itself that the services provided by beyond correspond to its needs,
– it knows and is aware that the transmission of data via the Internet is not totally reliable from a technical point of view, as such data travel over heterogeneous networks with varying technical characteristics and capacities,
– it knows and is aware the networks used are sometimes saturated at certain times of the day,
– it knows and is aware that the flow of data across the Internet is not protected against the risk of hijacking, and that, accordingly, if it communicates passwords, confidential codes and more generally confidential or sensitive information it does so at its own risk,
– it is fully familiar with codes of conduct, practices and rules of behaviour in use on the Internet,
– it shall, in general, act in accordance with laws and regulations, in particular with regard to transborder data flows, civil liberties, communication and the processing of personal data,
– it shall ensure that the hosted website and its components do not infringe any intellectual property rights held by third parties or which might be invoked by third parties.
Article 5.8
Financial terms and conditions
5.8.1. – The prices are “fixed-rate” prices and depend on the hosting formula selected. They correspond to those in the original offer submitted to the CLIENT and accepted by it. They are exclusive of tax and are payable in euro, in advance and on first demand, for a [quarterly/half-yearly/annual] period. beyoond shall start providing the services only after full payment.
Article 5.9
Effect – Duration – End of the agreement
5.9.1. – The contractual relationship between the parties is entered into, from date to date, for a period of one year. At the end of this period, it shall automatically be renewed by tacit agreement for a period of one year.
5.9.2. – The CLIENT may terminate the contractual relationship at the expiry of each period subject to giving 3 months’ notice.
The CLIENT may also terminate the contractual relationship at any time subject to giving 3 months’ notice. In this case, however, the CLIENT must bear all expenses whatsoever incurred by beyond with its hosting provider throughout the remaining period as provided for in point 5.9.1.
5.9.3. – The contractual relationship may also be terminated if one of the parties defaults in the performance of any of its obligations.
In this case, termination shall take effect fifteen days after receipt of a notice of default, sent by email, unless the defaulting party has remedied the said default before the end of the said period.
5.9.4. – At the end the agreement, beyond shall promptly take the necessary measures to terminate the hosting of the CLIENT’s webpages with its provider.
Registered Trademark.
Intellectual Property.
“beyoond”, “beyoond advice” and “beyoond studio” are brands of blcreative sprl. “beyoond” is registered at the Benelux Office for Intellectual Property. Registration number: 1025681. Valid until 27 November 2027. More info: https://www.boip.int/en
