Approval and acceptance of terms

1. Tektra nv is a service provider, VAT BE 1005.528.823, with its registered office at Diestsesteenweg 104/B, 3010 Leuven ("Tektra").

2. Tektra provides this website and the information on this website, as well as its quotes and invoices, subject to these General Terms and Conditions ("GTC").

3. If these GTC conflict with the customer's general terms and conditions, these GTC will always take precedence, even if the customer's conditions contain a similar clause.

4. Tektra may change these GTC at any time, without prior notice. From the moment the customer registers on this website or accepts a quote or invoice from Tektra, and each time they use Tektra's products or services, they declare that they have read and agreed to the GTC in full and without reservation.

 

Terms of Quotations and Invoices

1. All prices mentioned on Tektra's websites, quotes, brochures, and invoices are exclusive of VAT unless explicitly stated otherwise.

2. Quotes are valid for a maximum of 14 days unless explicitly stated otherwise and only bind Tektra after written agreement from both parties.

3. Orders are, unless explicitly stated otherwise, placed without commitment regarding delivery and execution dates, which are always provided approximately. Illustrations, descriptions, technical data, dimensions, and other indications provided by Tektra are for informational purposes only. The customer cannot rely on a delay in delivery or execution to cancel an order or demand any damages. Tektra can never be held liable for delivery time overruns or resulting costs, damages, or losses (direct or indirect), of any kind.

4. In case of order cancellation, including the refusal to accept the product or service, the customer remains obligated to pay the full price.

5. The price of products and services is based on the prevailing conditions of labor costs, materials, consumption, prices of external services, purchase prices, social and tax burdens, and any other objectively measurable circumstance at that time. If these conditions change, Tektra can adjust the prices proportionally, and such adjustment takes effect 14 days after notification. Notification can occur at any time and through any channel, including (but not limited to) the website.

6. Consumption (e.g., database, bandwidth, hard disk space, etc.) of Tektra's products and services depends on the customer's needs and may vary per product or service. In the event of an increase in consumption, Tektra can adjust prices proportionally, and this adjustment takes effect immediately after notifying the customer.

7. Products and services purchased from Tektra may include services from third parties (e.g., Google for AdWords, Ogone or Paypal for online payment systems, SSL certificates, etc.) that are not considered in the advertised (subscription) price or in the quote unless explicitly stated otherwise. These costs are directly paid by the customer to the third party. If Tektra pays these costs, they will be invoiced to the customer by Tektra. For information about these costs, the customer should contact the relevant third party.

8. Products and services that are billed periodically are entered into for a month, a year, or multiple years. The price of the product or service is always fully prepaid. There will be no refunds or credits for partially used periods, upgrades or downgrades, or for the period during which an open account was not used. The price is annually indexed on the anniversary of the contract's entry into force. The base index is that of the month preceding the conclusion of the contract, and the new index is that of the month preceding the anniversary of the contract's entry into force.

9. Neither Tektra nor the customer, their agents, or employees will act or be deemed to act as an agent, partner, or employee of the other party, and they may not represent themselves as agents, partners, or employees of the other party to third parties.

10. Each contract/subscription is automatically renewed for the same consecutive periods unless written notice of termination is given no later than 1 month before the end of each current period. Without prejudice to the above, the notice period for a contract/subscription entered into for a one-month period is 7 calendar days.

11. Delivered software and services always exclude support unless explicitly stated otherwise. Additional hours to achieve a different result at the customer's request or as support are billed separately.

12. The price of bundles ("packs," "packages," "modules," and other terms with the same meaning) includes a fixed number of working hours. Additional hours are billed separately but always after consultation with the customer.

13. The customer is obligated to provide timely delivery of complete, sound, and clear data and/or necessary materials to enable timely and correct delivery. In the absence of such delivery, the customer is obligated to pay for the anticipated work, and Tektra reserves the right to commence the subscription prematurely.

14. Invoices are payable in cash, unless otherwise agreed, to the account number specified on the invoice. In case of late payment, the customer is automatically and without prior notice liable for a late payment interest of 1% per started month and an irreducible flat-rate compensation of 10%, with a minimum of EUR 200.

15. Delivery always takes place at Tektra unless otherwise agreed in writing.

16. All complaints regarding the (delivery) or the invoice must be formulated by registered letter within eight days of receiving the product or service, respectively the invoice, without which the delivery or the invoice is irrevocably deemed accepted.

17. A payment delay of more than 14 days gives Tektra the right to suspend any service until the complete payment delay is settled. The service can also be suspended if the customer, when using products and services provided by Tektra, displays content that appears illegal, that can apparently harm third parties, that can be derogatory for them, or that disregards the copyrights and property rights of third parties. As soon as such suspension continues uninterrupted for a period of fourteen days, any agreement with the customer is deemed terminated by operation of law and without any further notice. Payment for services not yet provided will become immediately due in full until the contractually determined end date of the agreement. Even after termination, the customer will compensate and indemnify Tektra for any damages (direct and indirect, including consequential damages) resulting from a failure to comply with any of the provisions of the agreement with the customer. Suspension or termination of the agreement for these reasons does not release the customer from the obligation to pay all already due and immediately payable invoices, including any late payment interest and damages.

18. The agreement with the customer is deemed to be automatically dissolved in case of bankruptcy, admission to judicial reorganization (WCO), or collective debt mediation or any other form of liquidation of the customer's assets. Tektra immediately has the right to payment for all services and goods provided up to that point, without prejudice to its right to full compensation.

19. The customer agrees that, during the execution of the works specified in the quote and for a period of 12 months immediately following the end of the works, the customer must refrain from initiating, directly or indirectly, business relationships with persons employed by Tektra nv or the partners of Tektra nv involved in the execution of the assignment or who were employed by Tektra nv or the partners of Tektra nv involved in the execution of the assignment in a period of 7 months prior to that moment. Formulating job offers or approaching these individuals for employment or initiating a business relationship constitutes a breach. If the customer violates this provision, the customer owes Tektra nv a lump-sum compensation of EUR 50,000 per violation. However, Tektra nv reserves the right to claim higher compensation if it can prove that the actual damage exceeds the lump-sum amount.

20. The agreement with the customer, including these terms, is governed by Belgian law, excluding the Vienna Sales Convention. Only the courts of the judicial district of Leuven are competent to hear any disputes, including those regarding the application and interpretation of these terms.

 

Property / Intellectual Rights / Content Responsibility

1. The content of this site, including but not limited to trademarks, logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual property rights and belongs to Tektra or rightful third parties. The customer acknowledges the intellectual property rights of Tektra or the rightful third party in the services and products offered by Tektra.

2. Unless otherwise agreed, Tektra or the rightful third party remains the exclusive owner of all materials, including but not limited to graphic designs, photos, files, programming, source code used in the delivery of products and services by Tektra to the customer. The customer is not allowed to transfer, use by third parties, copy, use for other purposes, apply to other media, brochures, etc., or otherwise exploit this material without the prior consent of Tektra or the rightful third party.

3. The customer commits to complying with all legal provisions, including but not limited to those regarding privacy and intellectual property rights of third parties.

4. All information, data, text, software, sounds, images, or any other materials (hereinafter referred to as "Content") are solely the responsibility of the person from whom the content originates.

5. The customer is fully responsible for all Content uploaded, transmitted, distributed, stored, created, or otherwise published via Tektra. Tektra is not obliged to control, transmit, distribute, or store this content in any way and cannot be held liable for this content. However, Tektra reserves the right to monitor, delete, or refuse this content without your approval or consent and at any time. The complete and accurate informing of the customer's own clients is also the sole responsibility of the customer. Tektra will have a free and unlimited right to use all Content that the customer uploads, transmits, distributes, stores, or creates to fulfill its obligations under the agreement with the customer.

6. Tektra reserves the right to retain the customer's data in an irretrievable form for purposes in accordance with the privacy policy after the termination of the agreement. Tektra does not guarantee in any case that the customer's website can be restored to its original state from this data after the termination of the agreement. Tektra is in no way liable for information and/or material of the customer that is permanently and irretrievably removed from the system as a result of the termination of the agreement.

7. Tektra or third parties may provide links to other websites or resources. The customer acknowledges that Tektra has no control over such sites and resources and that the content of those sites or links is not under the responsibility of Tektra.

 

Service Level Agreement

1. Tektra has arbitrary discretion in choosing the means to maximize the optimal and efficient performance under an agreement. This includes, but is not limited to, the ability to engage third parties and/or subcontractors and/or modify existing systems of the customer to adapt to new technology or transfer the agreement to third parties without consent.

2. Tektra reserves the right to make changes to the applications and services at any time and/or at regular intervals or temporarily terminate them, with or without prior notice, for purposes such as system maintenance.

3. Tektra is not liable in the event of force majeure, including temporary system failures. Consequently, Tektra cannot be held to any compensation. The customer must promptly report any malfunctions to Tektra.

4. In exceptional circumstances, Tektra may be compelled to temporarily suspend or permanently terminate a specific product or service. This may result in a temporary blockage of access to the customer's account and, in exceptional cases, the deactivation or removal of the customer's account. Unless in cases of force majeure, Tektra will provide the customer with a period of 30 days to find an alternative for the product or service or to prevent the removal of customer data.

 

Responsibility / Compensation

1. The customer is responsible for the maintenance and security of their passwords and bears all responsibility and consequences for unauthorized access to Tektra's products and services through their account. The customer is also responsible for checking their computer traffic for viruses.

2. The customer acknowledges that they use Tektra's products and services at their own risk and expressly agrees that Tektra provides its products and services "as is" and "as available." Tektra is not responsible for the proper functioning of third-party integrations into its systems, such as but not limited to an online payment module, whose proper functioning Tektra cannot guarantee. The customer has no right to recourse against Tektra, its affiliates or subsidiaries, sponsors, contractors, advertisers, suppliers, or other partners, nor against its successors or assigns, officers, directors, agents, or employees for any direct, indirect, incidental, or consequential damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use Tektra's products and services and/or the associated software. The customer is also not entitled to such recourse for any direct, indirect, incidental, or consequential damages arising from or in any way related to the content they upload, transmit, distribute, store, or create. Without prejudice to the foregoing, nothing in these Terms and Conditions will limit or exclude Tektra's liability for gross negligence, intentional misconduct, or death or personal injury. The customer bears all costs, including legal costs and any compensation, of a legal proceeding related to damages associated with content uploaded, transmitted, distributed, stored, or created by them and is obliged to indemnify and hold Tektra harmless in this regard.

3. Without prejudice to the above, Tektra's liability in connection with the provision of products and services to the customer is limited to the amount paid by the customer to Tektra in the 12 (twelve) months preceding the event giving rise to Tektra's liability, with a maximum of [1000] EUR.

 

Privacybeleid

See Privacy policy page.