General terms and conditions of Ringphone

Article 1: General

These general terms and conditions (the "General terms and conditions") are both applicable to the providing of services as well as to the sale of goods through Ringphone bvba (“Ringphone”). If Ringphone depends on the intervention of a third party for the delivery of a good or requested service ordered by the customer, the commitment to supply of Ringphone comes into being under the express suspensive condition of availability, at the time that Ringphone consults the external party, of that good or service at the pre-determined price by Ringphone which was paid by the customer. Ringphone undertakes to verify within 5 working days after receipt of the payment of the guarantee the availability at this price with the external party. The price paid by the customer is before the coming into force of the suspensive condition considered as a security. The commitment to supply of Ringphone of the goods or services ordered by the customer at the price predetermined by Ringphone which was paid by the customer, shall constitute the main commitment of the contract. If the goods or services ordered, at the time that the external party consults Ringphone, are not available, this agreement shall cease to be in force and Ringphone will reimburse the guarantee paid by the customer, without further obligation between the parties. If the goods or services ordered, at the time that the Ringphone consults the external party, are available at a different price, this agreement shall cease to be in force and Ringphone will leave the choice with the customer to accept these different price, through which a new agreement is reached between the parties. The general terms and conditions, by sending the order, shall be deemed totally and unreservedly accepted by the customer. The general conditions and any specific agreement constitute the complete and exclusive agreement between the parties and supersedes all prior agreements, whether written or oral, proposals, promises, appointments or communications relating to the subject matter of the specific agreement. Different terms and conditions of the customer are not applicable to Ringphone.

Article 2: Duration and termination

Unless otherwise agreed the agreement is entered into for an indefinite period. Each party may terminate unilaterally and without justification by means of a written notification by registered letter at the earliest two months and at the latest one month before the expiry each time of one year from the start date of the agreement. The period of notice of one month shall commence on the date of the written notification. The unilateral termination by the customer does not give rise to any refund or compensation in any way whatsoever of payments already made.

Article 3: Prices

The prices that are notified by Ringphone on the website and through other channels are always indicative and are valid for only 15 days. All prices are in Euros and are exclusive of VAT, unless otherwise indicated, and are payable as mentioned on the invoice. Unless otherwise agreed, the prices relating to the provision of services shall be calculated for a period of one year. At the beginning of this period the full price is paid in accordance with article 4. The unilateral termination by the customer does not give rise to any refund or compensation in any way whatsoever of payments made. The prices relating to services may at any time be amended by Ringphone for the duration of the contract. The customer will be informed of this via the website and also individually through personal communication. The revised prices will be payable by the customer after two months from the individual notification, unless the customer has made use of the possibility to cancel the contract free of charge and without justification. Cancellation by the customer should be done by registered mail within the thirty calendar days that follow the individual notification. Each promotion applies per customer whereby promotions are not cumulative. In the case of abuse by the customer of promotions, for example but not limited by the conscious creation of multiple accounts, Ringphone reserves the right to and Ringphone can for example, but is not limited to not apply promotions.

Article 4: Delivery, payment and protest terms

The delivery times given by Ringphone are indicative and not binding, unless expressly agreed otherwise. The periods are always expressed in working days. Delay in delivery can in no case give entitlement to cancellation of an order or to payment of damages. Any complaint concerning the delivery of any nature whatsoever, needs to be notified by the customer within 8 working days from delivery of the goods or the starting date of the performance of the services by registered letter. Any complaints concerning the delivery or performance may not be used as a pretext to suspend or delay the payment of invoices. The lack of a written protest of an invoice within 8 working days from the day it was sent, invokes the irrevocable acceptance of the invoice and the amounts, products and services shown therein. Invoices are payable within one month of the date of the invoice. If the invoice has not been paid by the due date, whereby the credit date applies as payment date, then is automatically and without any notice a contractual delay interest payable of 1 % per month. In the event of any late payment by the customer is an indemnity clause automatically payable of 10% with a minimum of EUR 65.00.

Article 5: Dissolution of the agreement

Ringphone may at any time without prior notice and without prior judicial intervention, terminate the contract with immediate effect, if the customer fails to pay the invoice more than 45 days after the invoice date, whereby the credit date applies as payment date unless the customer protests the invoice in accordance with article 4. Also in the event of violation of any of the provisions of article 7 by the customer or the user, Ringphone can at any time without prior notice and without prior judicial intervention, terminate the contract immediately. This means that the domain name, hosting account or server of the customer is taken out of use or is removed in its entirety. This provision shall not affect the right of the customer and/or Ringphone to recover for the dissolution of the agreement and, possibly with compensation, on the basis of article 1184 of the Civil Code.

Article 6: Registration of the domain names

The correct execution of the payment by the customer and the receipt of a welcome email and invoice of Ringphone is no guarantee for the registration of the domain name. The domain name is registered only after an explicit, written confirmation to the customer of the domain registration by Ringphone. As it would become evident that Ringphone cannot register the domain name by an error of the customer, e.g. by a false information provision by the customer, the customer is obliged to pay compensation for the administration costs in the amount of 25 euros to Ringphone, without prejudice to the right of Ringphone to claim greater damages. The registration of domain names shall be carried out according to the regulations of the relevant responsible for the registration of domain names (such as DNS Belgium (http://www.dns.be), SIDN (http://www.sidn.nl), DNS.LU (http://www.dns.lu), Afnic (http://www.afnic.fr) or ICANN (http://www.icann.org)). The customer has taken note of and accepts these general terms and conditions for the domain name registration, available on the website of the domain registry and declares that Ringphone has informed him of these general terms and conditions. For specific conditions Ringphone refers to the websites of the relevant responsible for the registration of domain names. Ringphone has in no way any liability for the decision of the customer to register a certain domain name or for the registration of domain names at the request of the customer which would infringe the rights of third parties, etc. The customer will always hold Ringphone harmless against possible claims of third parties due to the registration of a domain name at the request of the customer.

Article 7: Unauthorised use

Even if the customer is not the user, the customer shall remain liable for the use of the service or the goods provided. In the event of misuse of the service or the goods provided, Ringphone reserves the right to refuse access to these services or goods temporarily or permanently to the customer. Ringphone understands under abuse and prohibits amongst other things explicitly but not exclusive the following on all its systems, irrespective of the good or service:

  • - Unauthorised use of the copyrighted work;
  • - The sending of spam (not asked for e-mail);
  • - The use of the systems to carry out illegal activities;
  • - All (illegal) material in violation of the Belgian, Dutch and European legislation;
  • - The start-up of processes on the servers or systems where the user does not have administrator access;
  • - Performing tasks or operations which may cause damage or nuisance to the systems or for other users.
The sending of unsolicited advertising e-mails (SPAM) via the servers and the network of Ringphone is not allowed neither the sending of unsolicited advertising e-mails for a website/domain name that is hosted by Ringphone. For opt-in mail(ing)s there is a limit of 500 emails per 24 hours. Ringphone has the right to check the content placed by the customer/user if it has reasonably reason for this and when it suspects that the user’s general terms and conditions may be violated. When Ringphone is notified by a third party of any illegal activity or information, and to the extent that such notification is not free of any severity, the customer will become aware that Ringphone will act in accordance with its legal obligations in the framework of the legislation in the information society. Ringphone then also reserves all rights, pending further decisions by the competent services, to block the suspected illegal activity or information for the public. Ringphone for such action cannot in no way be held liable by the customer, whatever the damage may be. All damages and costs which Ringphone has suffered as a result of actions or content of the user or the customer or by a breach of the conditions by the user or customer will be recovered from the customer. Ringphone is not responsible for the security of the data being stored. It will be expected from the customer to provide the necessary protections and all keep all the content up-to-date.

Article 8: Liability

In no event shall Ringphone be liable for indirect or consequential damages such as for example, but not limited to commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover, loss of revenue, staff and administration costs, damage to third parties, loss of customers and losses as a result of legal action taken against the customer by third parties, etc. Ringphone cannot be held liable in any way for any failure of the Internet connection by technical or other faults both within as well as outside the Ringphone network or for errors of suppliers who give rise to this. The customer is solely liable for the proper use of the good, the service or the software, taking account of the specifications, the documentation and the instructions of Ringphone. Ringphone can in relation to the customer only be held responsible for the real losses and proven damages directly arising from the obligations including in the agreements concluded with Ringphone, thus with the exclusion of any other implicit or non-written commitments. Regardless of the nature of the damage and the degree of the error, the contractual and non-contractual liability of Ringphone according to or in connection with a contract concluded with Ringphone, per claim or series of claims arising from the same fact or the same cause, will be limited in any case to a maximum of the total amount of the purchase price paid or returned costs (i.e. excluding installation costs) of the customer of the goods or the services provided over a period of three (3) months which precede the event and which relate to the specific project with which the claim is connected.

Article 9: Processing of personal data

In order to be able to carry out its agreements Ringphone collects as the person responsible for processing, personal data of the client. This personal data can also be used by Ringphone for direct marketing. This will allow Ringphone to inform the customer at regular intervals about its activities. If the customer does not wish that his data are used for this purpose, he may appeal against this free of charge and let us know at the following address: administratie@Ringphone.com. The customer can consult his personal data, correct or change it by sending a dated and signed letter to administratie@Ringphone.com. These personal data shall under no circumstances be passed on to third parties. Ringphone reserves the right to adjust this privacy regulation at any time in accordance with the law of 8 December 1992 on the protection of privacy.

Article 10: Intellectual property rights

All intellectual property rights in respect of the products and/or services as well as the design, software, documentation and all other materials that are developed and/or used in the preparation or implementation of the agreement between Ringphone and the customer, or resulting from them, are vested exclusively with Ringphone or its suppliers. The supply of products and/or services does not extend to any transfer of intellectual property rights. The customer only obtains a non-exclusive and non-transferable license to use the products and results of the services for the agreed objectives. The customer will adhere strictly to the conditions laid down in the general terms and conditions or otherwise imposed to the customer. The client will not without the prior written consent of Ringphone make the products and results of the services in any way fully or partly public, reproduce them or make them available to a third party. The customer will not delete or change indications of Ringphone or its suppliers concerning copyrights, brands, trade names or other intellectual property rights. Ringphone shall ensure that it is entitled to make the said right of use available to the customer and indemnifies the customer against any claims of third parties in this matter. This provision shall not apply if and in so far as the products and/or results of the services are modified and/or if these are delivered in conjunction with goods of third parties, unless the customer in the latter case demonstrates that the claims of third parties relate only to the products and/or results of services delivered by Ringphone.

Article 11: Various

The rights and obligations arising for the customer from this agreement concluded with Ringphone, will neither fully or in part be transferred to third parties without the prior written permission of Ringphone. If a provision of an agreement concluded with Ringphone or their application would for any party or circumstance, at any level whatsoever, become or are void or unenforceable, it shall in no way affect the remainder of the agreement. Changes of contact information such as addresses, phone numbers, contacts and email addresses of the customer must be immediately communicated to Ringphone by the customer. If the client fails to report this immediately, Ringphone can charge the costs for retrieval work or rerouted consignments to the customer.

Article 12: Applicable law and exclusive competence

On this agreement concluded with Ringphone the Belgian law is applicable. Any dispute that is related to this agreement shall exclusively be dealt with by the courts of the district of Ghent.