Terms And Conditions
Last changed on Nov. 21 2016
APEX R&D bvba is only committed after explicit and written acceptance by APEX R&D of an order / assignment from the customer. These terms and conditions (the "Terms and Conditions") apply equally to the supply of services and the sale of goods by APEX R The Terms and Conditions are considered accepted by the customer by completing the order form or by giving an assignment. The General Conditions are the complete and exclusive agreement between the parties and supersedes all prior oral or written agreements, proposals, promises, agreements or communications relating to the subject of the specific agreement. Deviating conditions from a customer are not applicable and are not enforceable against APEX R Only derogations expressly in writing recognized by APEX R&D, are permitted.
Duration and Termination
Unless otherwise agreed in the order / contract, the specific agreements are for a period of one (1) year. Thereafter, they are tacitly renewed for a subsequent period of one (1) year, except to the extent that one of the parties by registered written notice, no later than one (1) month prior to the expiration of the term, in which she expresses not to renew a specific agreement.
Prices mentioned by APEX R&D in the context of proposals are always without liability, unless explicitly stated that they are final. The final proposal prices, are only valid for a duration of 15 days. All prices exclude VAT. Rates by APEX R&D communicated in view of service are defined as a function of performance during normal working hours so that supplements are possible. Normal working hours are between 9 am to 6 pm. Working days are weekdays, excluding holidays.
Delivery, payment and protest
By APEX R&D delivery terms are indicative and not binding, unless expressly agreed otherwise. The deadlines are always expressed in days. Delays in delivery can give no right under any circumstances to cancel an order, a fine or compensation. Any complaint regarding the delivery or performance, of whatever nature, must be entered by the customer within 8 days from the delivery of goods or the starting date of the delivery of services, or the receipt of the invoice, be disclosed to APEX R&D and by registered letter. Any complaints cannot be used as a pretext for the delivery or performance to suspend or delay the payment of invoices. The lack of written protest of an invoice within 8 days from the date of shipment, keeps the irrevocable acceptance of the bill and the amounts listed therein, products and services. Invoices are payable within 10 days after the invoice date. If the invoice is not paid on the due date, by operation of law and without any notice a delay interest of 10% per annum is due, where each started month counts for a full month. Any late payment by the client gives APEX R&D also entitled to by law and without prior notice the right to increase the invoice amount with a fixed compensation of 10% with a minimum of 250 EURO to charge. All costs resulting from the enforcement of payment through the courts, including non-exhaustive legal fees, administrative costs and interest will be borne by the customer. If payment is not made, your file will be transferred to a third party who will be responsible for the recovery. The customer will also cover the collection costs borne by the customer in addition to the administrative fee. For the activity of hosting APEX R&D has the right to block or delete the account of the customer after crossing the payment.
Supply of software
Registration of domain names
The registration of domain names is done according to the regulations of the relevant responsible for the registration of domain names (like VZW DNS Belgium).
APEX R&D contributes in any way any liability for bad faith domain names registered by third parties, registering domain names requested by the customer which would be a violation of third party rights, etc. ... The client will always safeguard APEX R&D claims of third parties pursuant to the registration of a domain name.
The customer may in any way of the services or facilities, including offered storage, use to commit offenses, causing damage or nuisance to APEX R&D or third parties. The customer's activities may not give reason to do so. The customer shall at all times insure that no criminal and/or infringing data, files, programs, meta tags, hyperlinks, deep links or comparable information present on equipment provided by APEX R At the first request of APEX R&D the customer will indemnify APEX R&D (including attorney fees) and intervene on its own costs in any proceedings against APEX R & D related thereto. The use of Warez, MP3 sites and / or other sites is prohibited with illegal software. Spamming is strictly prohibited on available hardware and systems by APEX R&D and leads to immediate termination. The customer assures to comply immediately with any request from APEX R&D as well as any reasonable request from a third party to remove and/or adaptation of their own content. The client renounces his right to claim any damages from APEX R
Activity of Webhosting
The customer explicitly agrees to the special provisions on the hosting and availability.
In no event shall APEX R&D be liable for indirect damage such as inter alia, commercial or financial loss, loss of data, loss of reputation, profit or turnover, loss of customers and losses as a result of legal action taken by third parties against the customer. APEX R&D can thus in no way be liable for any failure of the Internet connection by technical or other failures both inside and outside the APEX R&D network. The customer is solely responsible for the proper use of the product, service or software, taking into consideration the specifications, documentation and instructions of APEX R The liability of APEX R&D under or in connection with the APEX R&D’s agreement can per claim or series of claims arising from the same event or the same cause, shall not exceed the total billed to the customer and paid by him amounts for the purchase or recurring costs (ie. excluding installation cost) of services over a period of three (3) months prior to the incident and related to the specific project to which the claim relates.
Processing of personal data
To be able to execute its agreements APEX R&D collects, as responsible for processing, personal data from its customers. These personal data may also be used by APEX R&D for direct marketing. This enables APEX R&D to inform the customer regularly about its activities. If the customer does not want his data being used for this purpose, he should send a notice to the following address: firstname.lastname@example.org. The customer can consult, correct or modify his personal data by sending a registered, be dated and signed letter to email@example.com. Under no circumstances will such personal data be transferred to third parties. APEX R&D reserves the right to modify at all this privacy regulation at any time in accordance with the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data, including amended by the Act of December 11, 1998 and the Law of February 26, 2003.
The rights and obligations that result out of the agreements with APEX R&D for the customer, neither partly nor in their entirety may be transferred to third parties without the prior written consent of APEX R If any determination of the agreement closed with APEX R&D or the application thereof to any party or circumstance, at any level be or become unfeasible, will not affect the rest of the agreement. Changes to contact information such as addresses, phone numbers and email addresses of the customer must be notified immediately by the customer to APEX R Apex R&D cannot be held liable for any damage which are resulting from incorrect or not at all communicating supplementary contact and personal data by the contracting party.
Applicable law and exclusive jurisdiction
All agreements concluded with APEX R&D is the Belgian law. Any dispute in connection with the agreements made with APEX R&D will be exclusively dealt with by the courts within the judicial district of Leuven. APEX R&D, however, reserves the right to proceed to subpoena before the courts of the district where the customer is located.
Intellectual property rights
All intellectual property rights in respect of the goods and/or services as well as designs, software, documentation and all other materials developed and/or used in preparation or execution of the agreement between APEX R&D and the customer or anything that comes from it deriving exclusively held by APEX R&D or its suppliers. The delivery of goods and/or services does not extend to any transfer of intellectual property rights. The customer has only a non-exclusive and non-transferable license to use the products and results of the services for the agreed objectives. The customer will strictly adhere to such use to the conditions laid down in the terms and conditions or otherwise to the customer imposed by registered mail. The customer shall not without the prior written consent of APEX R&D products and results of the services in any way in whole or in part make publicly, copy or supply to third parties. The customer will never remove or alter any indications of APEX R&D or its suppliers regarding copyrights, trademarks, trade names or other intellectual property rights. APEX R&D guarantees that it is entitled to the said license to be issued to the customer and indemnify the customer against any third party claims. This provision shall not apply if and to the extent that the products and/or results of the services have been modified and/or if they are provided in conjunction with third-party goods, unless the customer proves in the latter case that third-party claims only relating to the products supplied by APEX R&D and/or results of the services.