Terms of sale

General terms and conditions of Py76

These general terms and conditions are derived from a template from Feweb. They are copyrighted and may not be copied for use by another company.

Article 1. These general terms and conditions apply to all products and services offered by Py76.

These terms and conditions are valid for all customers, suppliers and third parties, whether or not connected by a prior agreement, acting with Py76.

The customer receives these conditions with the quotation, as an appendix to the agreement and specifically with regard to the payment modalities, with Py76's invoices. By signing the quotation or agreement or accepting the invoice, the customer acknowledges that he has taken note of and agrees to these conditions. Unless expressly agreed, the applicability of any purchasing or other conditions of the customer, supplier or third party is expressly rejected.

The Dutch version of these terms and conditions is the canonical version. The most recent version can be found on https://py76.be/nl/algemene-voorwaarden or can be obtained by mail on simple request. The English version is supplied as a courtesy and is not guaranteed to be a correct representation of the Dutch version. The most recent English version can be found on https://py76.be/en/terms-of-sale.

If changes are made, they will take effect 30 days after their announcement on the Py76 website and/or to the customer himself. If a change is not reasonably acceptable, the customer is entitled to terminate the agreement - the agreement will then end on the 30th day after notification of the customer's wish to terminate is sent.

Article 2. Quotation and agreement

2.1. The quotations made by Py76 are valid for 30 days, after which they have a purely informative value. All prices are always exclusive of VAT (unless stated otherwise). Prices are indicative and may be subject to price changes. If the acceptance of the quotation, even on minor points, deviates from the offer included in the quotation, Py76 is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless expressly stated in the agreement. Quotations do not automatically apply to future assignments, and composite quotations do not in any way oblige Py76 to carry out part of the assignment for a corresponding part of the stated price.

2.2. An agreement is only concluded after the customer has signed a document, which includes a clear project description with a detailed quotation, as well as specific implementation modalities and the present general terms and conditions.

These provisions only remain valid if the agreement expressly refers to the quotation. In other cases, the provisions of the agreement prevail.

Article 3. Terms of Use

3.1. Customer Obligations and Restrictions

The customer will refrain from using the services or having them used for unlawful acts, committing criminal offenses and/or for acts that are contrary to these user conditions or the general terms and conditions.

The customer may not apply processes or actions that he can reasonably suspect will hinder Py76 and/or customers of Py76 or adversely affect the use of services.

The customer is responsible and liable for any use of the services provided, including the confidentiality and use of his access codes, e-mail addresses, etc.

The customer is not entitled to transfer any rights and obligations arising from this or any other agreement to third parties without prior written permission from Py76.

Illegal activities - Under no circumstances may the Py76 network and leased infrastructure be used to store or distribute illegal software. It is strictly prohibited to distribute pirated software through any hosting service offered by Py76. If Py76 detects such practices, it will immediately discontinue the service in question. The competent authorities will also be immediately informed.

Copyrighted material - Distributing, making available and offering copyrighted material such as video images, music, texts, images, etc. without prior permission from the author via the Py76 infrastructure is also considered an illegal activity for which the same measures are taken. taken. In the event that the customer places material on the website developed by Py76 or supplies it to Py76 for the purpose of placing it on the website or incorporating it, he guarantees that he has all rights, including reproduction rights, to the material (such as texts, translations, etc.). , documents, photos, videos, graphics, etc…).

X-rated content - Offering sexually explicit content that is prohibited by Belgian law will under no circumstances be accepted by Py76. If a violation of this guideline is determined, the customer's access to this data will be blocked immediately and the competent authorities will be notified.
The same arrangement applies to hateful, vulgar, racially tinged, ethnically irresponsible, discriminatory or other material that falls under this heading.

Spam – UCE (Unsolicited Commerce Email) – Sending mass email via a Py76 server or an email address managed by a Py76 server is strictly prohibited.
Customers are also punishable if mass emails are sent via a remote server but contain links to content made available on Py76 servers.
If activities are found in violation of these rules, the account in question will be immediately closed.

Generally prohibited activities relate to misuse of the infrastructure offered, both to the detriment of Py76 and third parties. It is therefore strictly prohibited to:
    • Use the Py76 servers for the distribution of software with the sole purpose of causing damage to third parties, including viruses, trojan horses, programming code with the aim of erasing or damaging data, damaging hardware or destroy or more generally damage the services offered.
    • Launch denial-of-service attacks on Py76 servers or use Py76 servers to launch DoS attacks on other servers.
    • Offer software, scripts or other content that results in such a high consumption of system resources, including for example CPU usage, memory usage, network resources, ... In such a determination, the option will be offered to either pay for additional services on based on the services consumed, either reduce consumption to acceptable standards or switch to another hosting service. If one of the alternatives offered is not accepted, the hosting account in question will be closed without further notice. Py76 itself determines what constitutes acceptable use of server resources.
    • Launch port scans on Py76 servers unless explicit and written permission has been given by Py76 itself, for example in the context of a security audit of a server.
    • Use the services to create e-mail address lists for the purpose of sending mass e-mails.
    • Use the Services to damage Py76's image and reputation

Complaints and violations - Complaints or established violations of third parties can be reported by e-mail. If a violation of the topics listed above is identified, Py76 will notify the customer involved and, depending on the nature of the violation, take one or more of the following actions: • suspend services to the customer involved for an indefinite period
    • permanently terminate the service to the customer concerned;
    • charge additional costs and fines;
    • remove the relevant content;
    • take all necessary steps to put an end to the abuse.

3.2. Specific services

For the services listed below, Py76 guarantees acceptable availability taking into account that the services offered are provided in a shared environment, whereby certain actions of third parties may not fall under the control of Py76.

Domain registration - The possibility of registering a domain name is determined by national and international rules. Py76 does not guarantee that the desired domain name can be registered, even if it appears that the domain name is still available at the time of the customer's request. With regard to the .be domain names, the customer expressly agrees to the general terms and conditions for end users established by DNS vzw (attached here if relevant and/or can be consulted on the website www.dns.be ) .

Hosting/email/security – Py76 cannot be held liable for temporary unavailability or loss of data during this temporary unavailability, nor for damage resulting from actions by third parties who attempt to circumvent this provided security. Py76 provides an up-to-date secure environment for these services, including using a firewall and in certain cases SSL or a secure environment.

Backups – Py76 maintains backups of the data on the website. If necessary, this can restore a previous version of the website. Any changes made since then will be lost. Py76 cannot go back to random moments.

The website may not be used to send spam. Py76 takes measures against spam. Py76 does not provide a mail server, but can assist with connecting the website to a mail server. In the event of excessive mail sent intentionally or unintentionally by the website, Py76 can disconnect from the mail server.

If Py76 provides the hosting, you are bound by the quota imposed by the hosting platform. Quotas include, but are not limited to, CPU usage, memory usage, disk space, and traffic. If the website exceeds or threatens to exceed one of these quotas, we may be forced to quickly adjust the hosting. Higher hosting costs will be at your expense. Where possible, we do this in mutual consultation.

3.3. Ownership determination

The customer remains the owner of the material supplied by him at all times (texts, photos, etc.). Upon termination of the collaboration, this material (possibly in a modified form, if this was necessary for the realization of the project) is returned to the customer.

Py76 works as much as possible with open source and free software and contributes to it. Code that we write in the context of your assignment and that is of general use, we try to contribute to the programs used (particularly Plone), or to release it in new open source packages that may be used by others through free software. license, specifically the GNU General Public License, BSD License, or Zope Public License. The copyright of this code belongs to Py76 or its employees or the parties to whom Py76 transfers the copyright, namely the Plone Foundation.

Any code written specifically for your project is copyrighted by Py76 and you. You may use, modify and publish the code, even after termination of the collaboration.

Upon termination of the collaboration, we can, if desired, provide you with a copy of the code specifically created for you, the configuration, and the databases and files containing the content of your website.

Article 4. Terms and additional work

4.1. The execution times specified by Py76 are for information purposes only. Exceeding the terms does not give any right to compensation or termination of the agreement.

If, due to force majeure, Py76 is unable to execute the agreement, even if the force majeure does not lead to permanent and/or absolute impossibility of execution, Py76 has the right to cancel the contract by simple written notification to the customer of the reason that prevents the performance of the contract. In that case, the customer is not entitled to compensation.

4.2. Additional work - If a fixed price has been agreed with the client, this fixed price will only relate to the activities and services of Py76 mentioned in the agreement. Any work and services that are provided by Py76 in addition to or in modification on behalf of the client, hereinafter referred to as “additional work”, will be deemed to be “additional work” if and insofar as this involves more than 10% of the agreed fixed price, on the basis of subsequent calculation at the usual rates will be charged to the client.

The following circumstances may give rise to additional work:
a) extension or change of analysis, package of requirements and wishes or design, after it has been approved by the client;
b) requirements, wishes, preconditions or expectations of the client that were not made known to Py76, or not in full, or insufficiently clearly, at the time of entering into the agreement;
c) defects and shortcomings in products or services of third parties, which Py76 could not reasonably have foreseen or over which Py76 has little or no influence;
d) inadequate cooperation from the client in the execution of the agreement.
Depending on the impact of the requested changes, this may lead to a revision of the agreement.

Article 5. Payment terms

Advance payment - Upon receipt of a signed agreement, an advance payment of 10% of the total invoice amount is due. This advance cannot be reclaimed under any circumstances.

Delivery - Specific part-time delivery times can be provided in the agreement. The customer must give explicit permission to place the website (in whole or in part) online.

Price revision clause - A revision of the price based on indicators accepted as plausible by both parties is possible at any time. Depending on the nature of the project, a specific clause can be included in the agreement.

Term of payment - Unless otherwise agreed or stated on the invoice, invoices are payable no later than thirty days after receipt of the invoice. Disputes must be communicated to Py76 by registered letter within five working days after sending the invoice.

For any delay in payment, the customer is legally liable to pay late payment interest of 1% per month commenced from the due date of the invoice and without prior notice of default, without prejudice to any damages and costs. A lump sum compensation of 10% of the invoice amount with a minimum of 250 euros as damages is also due by operation of law and without prior notice of default, without prior notice of default and in addition to the principal sum, late payment interest, collection, reminder, prosecution costs and expenses. as a result of loss of time and judicial or legal costs. This compensation clause does not affect the obligation to pay the agreed late payment interest.

Retention of Title - Until the buyer has made full and final payment, Py76 retains full title to the products and services. However, all risks are borne by the customer. The advances paid remain acquired by the seller to compensate for possible losses upon resale. The customer undertakes to show these terms and conditions of sale to any public official who would seize the products and services that have not yet been fully paid for for the benefit of third parties.

Explicit resolutory clause - In the event of non-payment of the invoice within the stipulated period, the customer explicitly declares that Py76 is no longer obliged to guarantee the proposed services, nor can it be held liable for any damage that may arise at that time.
If, after being reminded, the customer fails to pay for the services and products delivered or has not fulfilled his obligations in any way, Py76 may, by operation of law and without prior notice of default, terminate part of the contract or the entire contract by notification to the customer via a simple registered letter.

Article 6. Privacy policy – ​​protection of privacy

Py76 collects and stores personal information that you provide to us via the website, e-mail, telephone, etc. In addition, Py76 records all information that allows us to invoice you correctly and to substantiate this in the event of a dispute. If you use internet services (e.g. hosting, etc.), information about the use of those services is also kept (log files). On the py76.be website, no cookies are set. Py76 informs you with each order which cookies it will apply and will be subject to a separate acceptance for use.

All this information is used to guarantee optimal service:
    • to communicate with the customer
    • to keep the customer informed of Py76 services and offers
    • to generate statistical, anonymous information (e.g. for traffic and profile analysis)
    • to detect problems and abuses

This information can be used by Py76 for actions or messages of a commercial nature. However, Py76 undertakes never to release this data to third parties without the explicit consent of the party involved, unless this is legally required.

When registering internet domain names, Py76 is obliged to pass on the name, company name, address, e-mail address, telephone number, the start and expiry dates of the registration and the associated name server information to the organization that manages the domain extension. This information is publicly accessible via the WHOIS protocol and via some websites. To the extent that the nature of this information is public, inherent to the operation of the domain name procedures and in accordance with the provisions of the General Data Protection Regulation, this processing falls completely outside the authority of Py76 with regard to any use by these organizations or third parties of this information.

Py76 refers in its portfolio on the website or other commercial documents to completed projects or projects in development. Only generally known information is disclosed, such as the name and nature of the project and an address reference or link to a website. Customers who wish to do so may nevertheless object to these entries.

In accordance with the General Data Protection Regulation (2016/679), all personal data held by Py76 will be communicated upon request and, if the user so wishes, corrected free of charge within a reasonable period. Py76 is responsible for processing, storing and managing this personal data. To be removed from the database, simply send an email. The user can view personal data free of charge at any time upon simple request. The visitor can always object to the use of his data for direct marketing purposes by Py76.

Changes to the Py76 Privacy Policy are possible at any time, but will be communicated to users via the website. The most recent version – which comes into effect 30 days after publication on the website – can always be found at https://py76.be/en/privacy-policy.

Article 7. Other provisions

7.1. Liability

Py76 is not liable for any direct or indirect damage for which it has not expressly determined its liability in these conditions. In any case, Py76's liability remains limited to the amount of the project as included in the agreement. The customer indemnifies Py76 against any claims from third parties, even after termination of the agreement. With regard to services provided by third party suppliers, Py76 accepts no liability above or other than the liability that the third party suppliers are willing to accept for their products or services.

Py76 cannot be held responsible for inaccuracies or shortcomings in the data as stated on the websites developed by Py76. This applies to information placed on the site by Py76 itself, as well as to information provided by users (e.g. via CMS).

Incorrect data or shortcomings on the site do not give the right to financial compensation. Py76 is not responsible to users or third parties for any direct, indirect, incidental damage, loss of profit or for any damage caused by its negligence or omission in providing, compiling, assembling, writing and interpreting information.

Py76 expressly offers the websites “as is” (as they can be consulted online). For its technical realization, the most appropriate techniques are used based on the project. However, Py76 cannot be held liable for the (temporary) failure or possible malfunction of the system.

Py76 is not responsible for links to sites operated by third parties. Py76 does not exercise any control over the aforementioned websites and accepts no liability for their content. The inclusion of links to these websites does not imply that Py76 endorses the elements contained in these sites and does not necessarily imply a partnership between Py76 and the owners of these sites.

7.2. Evidence - Both Py76 and the customer accept electronic communications (e.g. email) as evidence.

7.3. Complaints - Complaints about the services and products provided must be submitted to Py76 by registered letter within five working days. After this period, the objection will no longer be considered. Under no circumstances can a complaint justify a postponement or suspension of payment.

7.4. Licenses and external costs - All costs and obligations associated with software licenses that can be specifically assigned to the project or registrations with official government agencies are borne by the customer. The information provided by Py76 about this is purely indicative.

7.5. Applicability - If one or more provisions of these conditions are not applicable, the others remain fully applicable. The rights and obligations arising from the agreements between Py76 and the customer cannot be transferred in whole or in part without the prior written consent of Py76.

7.6. Evidence and applicable law - Belgian law applies. In the event of disputes or disputes, only the courts of Antwerp have jurisdiction.