The full general terms and conditions incorporate all information contained in the simplified general terms and conditions, supplemented by specific provisions detailing the modalities applicable to our various types of services. Their objective is to provide an exhaustive view of the rights and obligations of the parties within the framework of our services.
I GENERAL PROVISIONS FOR THE AGENCY
I.1 DEFINITIONS
For the application of these general terms and conditions, the following are considered: In Fine: the SPRL IN FINE GRAPHIC DESIGN, registered with the CBE under no. 475.026.915 (VAT BE0475.026.915), whose registered office is established at QUAI DU BARBOU, n° 8A, 4020 LIEGE 2 (info@infine.net / +32 (0)4 340 12 60) Client: Any entity, natural or legal person, placing an order for one of the services offered by IN FINE, whether in writing or verbally.
It is understood that the entity placing the order guarantees payment of IN FINE's invoice and will be held jointly and severally liable, even if the billing is established in the name of a third party Services: all services offered by IN FINE to its clients (whether these services are referred to as a whole, partially or individually) Offer: price quotes provided to a Client by IN FINE, as well as any document detailing the Services requested by the Client from IN FINE.
Unless expressly stated otherwise, the validity period of Offers is limited to 3 months. In course of execution, an Offer may be supplemented, either by a new offer or by an exchange of writing between parties, validated by IN FINE. General Conditions: these present general terms and conditions.
I.2 ACCEPTANCE OF GENERAL CONDITIONS
Any collaboration with IN FINE, in any capacity whatsoever (as a subcontractor, supplier, Client or other), necessarily implies, as an essential and determining condition, the unreserved acceptance of the General Conditions, which shall solely apply to the exclusion of any other, unless explicitly stipulated otherwise.
I.3 FORMATION OF THE CONTRACT
In the event of a written order from the Client, IN FINE is only bound after written acceptance on its part. A verbal order binds the Client upon IN FINE’s offer or if this order has begun to be executed by IN FINE. Any order not preceded by a written Offer from IN FINE shall only bind it insofar as it has expressly accepted it in writing. The elements included in the Offer, but also in quotes or purchase orders, shall only be binding on IN FINE to the extent that the Client has made no changes relative to their initial request and has accepted the General Conditions.
I.4 COLLABORATION AND COMMUNICATION BETWEEN PARTIES
The Client’s collaboration is essential for the realization of the Services. Failing this, IN FINE will not be able to perform the Service and may be led to terminate the contract, without its liability being invoked, unless the Client demonstrates having provided all required collaboration. To enable the realization of the requested Services, the Client agrees to provide IN FINE with all information and all necessary material at their own expense and under their sole and entire responsibility, according to a method agreed between parties. The Client guarantees that the data provided to IN FINE is accurate and complete and shall notify IN FINE of any changes as soon as possible.
The Client remains solely responsible for the elements transmitted, particularly regarding their content. IN FINE assumes no responsibility in the event of loss, deterioration or misappropriation (whether total or partial) of the information and/or material transmitted to it. The Client must communicate their contact and billing details to IN FINE as of the Offer. Failing this, any communication from IN FINE will be validly made based on the information it possesses or has been able to find. Any change of address or contact details must be notified to the other party in writing, with acknowledgment of receipt. In the absence of such notification, any communication made to the previous address remains valid.
I.5 DEADLINES AND DELIVERY
Deadlines mentioned by IN FINE are given for indicative purposes. Any delay in deadlines on the part of IN FINE cannot give rise to any damages or compensation of any kind, nor lead to the termination of the contract. In any event, planned deadlines only begin to run when IN FINE is in possession of all information, documents and/or media necessary for the proper execution of the Services.
I.6 PRICES AND BILLING
The price established in the Offer is based on a number of hours that in fine estimates necessary to perform the Service, based on discussions held with the Client. Nevertheless, in the event of a request for additional work (i.e. if the Client wishes to make modifications, new elements, etc. not specified in the Offer and/or involving a structural change to the project) and/or in the case of work necessary for the execution of the order that could not have been foreseen in the Offer, IN FINE will establish a supplementary Offer and/or adapt the price included in the Offer. Unless otherwise stipulated, prices quoted by IN FINE are exclusive of tax. Any eventual increase in taxes will be borne by the Client. Unless otherwise stipulated, services performed on a time-and-materials basis are invoiced monthly to the Client at the hourly rate of 100 €/hour minimum. Any project or study carried out at the Client’s request and not followed by execution will be invoiced based on the time-and-materials hourly rate.
Likewise, without prejudice to the article relating to the cancellation of an order by the Client, if, during the provision of a Service, the Client wishes to terminate the contract, for any reason whatsoever, the deposit received and any sums invoiced shall remain acquired by IN FINE, which will further invoice the Client for time devoted to the project (and not yet invoiced) at the time-and-materials hourly rate. Except for services originating from a third party, which shall be payable in advance, and without prejudice to any specific provisions, IN FINE will invoice its services in installments upon completion, according to the work performed. IN FINE reserves the possibility to request down payments. IN FINE's invoices, sent by e-mail (in a PDF format), are payable within thirty days of the invoice date.
Any late payment will involve, by right and without prior notice, the payment of interest at the rate provided by the law of August 2, 2002 concerning the fight against late payment in commercial transactions, as of the due date of the invoice until full payment, as well as an indemnity of 10% of the amount due, with a minimum of 125 €. Furthermore, from the second reminder, a flat sum of 40€ will be claimed from the Client as recovery costs. A minimum duration of 15 days is provided between 2 reminders. Any dispute must be formulated in writing and addressed to IN FINE's registered office, within 7 days of receipt of the invoice.
I.7 RETENTION OF TITLE
By derogation from Article 1583 of the Civil Code, goods sold, delivered and/or installed (including computer codes) remain the exclusive property of IN FINE, until full payment of its invoices. They may be reclaimed from the Client and/or any third party in the event of non-payment. Notwithstanding this retention of title, all risks of loss and damage relating to the Services and/or the goods concerned are transferred to the Client upon taking possession.
I.8 CANCELLATION OF THE ORDER
Any cancellation of an order, for any reason whatsoever, before or during execution of the work will give rise to compensation from the Client with a minimum of 30% of the total amount of the order. If the cancellation occurs during the project, Article I.6 will also apply.
I.9 RECOURSE TO THE "CHEQUES ENTREPRISE" SCHEME (Walloon Region)
In case of recourse to the "Chèques entreprise" scheme of the Walloon Region, the client agrees to collaborate actively in the creation and follow-up of their subsidy file with the Walloon Region. This includes providing complete and accurate information, respecting deadlines, and any action necessary to ensure acceptance of the file. IN FINE declines all responsibility in the event of refusal of the subsidy resulting from a failure or negligence on the part of the client. The granting of the financial incentive within the framework of the "chèques entreprises" depends on the acceptance of the file by the Walloon Region. In the event of refusal of the file, regardless of the reasons invoked by the Administration, the client remains bound to pay for the entirety of the services performed. If, due to the refusal of the "Chèque entreprise" file, the client wishes to cancel their order, Article I.6 will apply. The client agrees to validate the final mission report within a period of 10 calendar days following its receipt. If the client refuses the report without providing a written, precise and documented justification, they will not be able to benefit from the financial incentive linked to the "Chèque entreprise" scheme. In this case, the entirety of the services will be invoiced in accordance with the terms of the commercial offer.
I.10 INTELLECTUAL PROPERTY
The Client guarantees holding the reproduction rights for texts, illustrations, music, documents, plans, photos or any element they provide to IN FINE with a view to their use within the framework of the Services. The Client guarantees IN FINE in the event of potential claims from third parties and shall hold IN FINE harmless from any claim on this subject. In this case, the Client will notably bear the costs incurred by IN FINE (lawyer, technical advice, travel, etc.), as well as any damages to which IN FINE might be condemned. All models, sketches, compositions, clichés, films, etc. created by IN FINE, as well as software, codes, databases, management tools and platforms developed by IN FINE remain its exclusive property, regardless of whether they can be patented or protected under current legislation by copyright or in any other way.
The Client may only use them within the framework of the Services provided in the Offer, according to the modalities provided strictly interpreted and on an exclusively personal basis. The Client may neither communicate them to a third party, nor modify, translate, imitate and/or reproduce them by any means in any form whatsoever without the prior written authorization of IN FINE, under penalty of damages, fixed flatly at the sum of 5,000 € per infringement, without prejudice for IN FINE to claim a higher amount if its actual damage is greater. The invoicing of such work to the Client entails no derogation from this rule. Furthermore, IN FINE has the right, without having to compensate the Client, nor request their authorization, to keep and use (including for a third party) the knowledge, techniques, processes, know-how, ideas, software elements but also any element developed or realized, even specifically for the Client, which shall remain the property of IN FINE.
I.11 CLAIMS REGARDING SERVICES
To be valid, any claim from the Client must be addressed to IN FINE, by registered mail, within seventy-two hours following delivery of the Service. The transmission to the Client of the information necessary for websites (notably for the activation of the site and/or the delivery of codes and passwords allowing access to information) is considered as the delivery. If the Client fails to take delivery, the forty-eight hour period begins upon receipt of the invoice, the delivery note or any similar document, it being understood that the date on which the first of these documents is transmitted to the Client will be taken into account. The use, even partial, of the Service by the Client entails by right their approval.
I.12 LIABILITIES OF THE AGENCY & THE CLIENT
IN FINE is subject to an obligation of means. In the hypothesis where it would be established that IN FINE has committed a fault and that its liability is engaged, this will be limited to an amount equivalent to maximum 30% of the amount excluding VAT mentioned in the Offer. The elements made available to IN FINE remain the property of the Client who bears the risks of deterioration (total or partial), loss or theft, regardless of the cause. The Client agrees to perform regular backups (minimum every 48 hours) of the environment in which the services are performed by IN FINE.
Compliance with this obligation by the Client will be taken into account to determine the eventual liability of IN FINE. IN FINE cannot be held responsible for potential damages suffered by the Client, when these do not result directly and exclusively from a gross and intentional fault of IN FINE. Furthermore, IN FINE cannot be held responsible for faults committed by its employees, agents or any third party intervening at its request. In no case can IN FINE be held responsible for any indirect or immaterial damage, whatever it may be suffered by the Client, and notably for any financial and/or commercial damage, loss of profits, loss of data, etc. IN FINE is discharged of all responsibility linked to the Services, from the moment all elements necessary for their proper use have been delivered.
Without prejudice to the short delay for apparent defects (which must be reported upon receipt of delivery), any action against IN FINE for hidden defects and/or non-compliance with its obligations must be brought within a period of 6 months, from the date of delivery. Failing this, IN FINE will be able to invoke prescription and will be discharged of all responsibility towards the Client. The Client is solely responsible for the content included on the media produced by IN FINE, including websites, notably regarding their legality (public order, morality, third-party rights, etc.), as well as for the use of the Services provided by IN FINE.
The Client must not, in any way whatsoever, infringe the law, public order, morality and/or the rights of third parties (trademark law, copyright, database protection etc.). Consequently, the Client guarantees IN FINE against any action brought by a third party resulting from non-compliance with one of their obligations and, in the event of a dispute, will notably take charge of all costs incurred by IN FINE (lawyer, consultant, travel costs, damages, etc.).
I.13 PRIVACY AND PERSONAL DATA
If the Service requested by the Client involves the collection of data relating to consumers (contests, emailing, mailing, etc.), the Client remains solely responsible for the processing of personal data and agrees to take specific measures, in order to respect the provisions of the law of December 8, 1992 on the processing of personal data (or other subsequent provisions relating to this matter) and other binding provisions of Belgian law in the matter. Unless expressly stipulated otherwise, IN FINE bears no responsibility regarding this privacy and personal data processing aspect.
The Client bears all related obligations. Furthermore, if any personal data are communicated to IN FINE, the Client recognizes having the right to transfer them and shall hold IN FINE harmless from any claim on this subject. Clients and suppliers who collaborate with IN FINE accept that their data (surname, first name, gender, professional title, language, email address, billing details) be processed by IN FINE and stored in order to be able to carry out our professional relations (contacts, billing, sending targeted offers).
I.14 CONFIDENTIALITY
During the entire collaboration of the parties, the Client agrees not to reveal, to anyone, any information relative to the business of IN FINE and/or its clients of which they might have had knowledge during their collaboration. The Client is prohibited from communicating to third parties, or even using, any confidential information whatever it may be (notably any document, know-how, code written and/or developed by IN FINE, including access codes and passwords which will have been delivered to them by the latter to allow them to access information concerning them), without having obtained the prior written agreement of IN FINE. This obligation persists even after the end of the collaboration.
I.15 MISCELLANEOUS PROVISIONS
The nullity of any provision of the General Conditions is without influence on the validity of the other provisions and does not entail their nullity. If applicable, the parties will negotiate in good faith a clause pursuing the same objective as the null clause and having equivalent effects. No Party will be able to rely on a verbal or tacit modification of the General Conditions, nor on a tacit or verbal waiver by the other party of a right arising from the General Conditions.
Any waiver of any right arising from the General Conditions must be expressly noted in a writing from the Party which waives this right. IN FINE keeps the possibility to modify the General Conditions at any time, subject to informing the Client. This information to the Client will take place by e-mail or via any other written means. The new general conditions will enter into force 30 (thirty) days after their notification to the Client.
IN FINE reserves the possibility to assign, transfer or dispose in any other way, in whole or in part, at any time and without notice or prior information to the Client, of its rights and obligations and/or to subcontract certain Services, without prior written agreement being required from the Client, which they accept henceforth without reserve. On the other hand, the Client cannot transfer, partially or totally, for a consideration or free of charge, their rights and obligations, without the prior and express agreement of IN FINE.
I.16 FORCE MAJEURE
The parties cannot be held responsible for the non-performance of their obligations, in case of force majeure such as notably war, troubles, destruction by fire or by another cause, a total or partial failure of suppliers, subcontractors or agents, a total or partial strike, a disruption in internal organization, in case of blockage of road access and means of transport and/or communications, flood, fire, accident, etc.
I.17 RESOLUTION AND TERMINATION
In case of failure by one of the parties to the obligations arising from these presents and provided that it has not been remedied within a period of 30 days from the sending of a registered letter with acknowledgment of receipt notifying the failure in question, the other party will be able, without prior authorization from the judge, to proceed with the resolution of the contract, without prejudice to any damages potentially due. This faculty of resolution does not however prejudice the exemptions and limitations of liability set out in the provisions of the General Conditions.
At its sole discretion, IN FINE can suspend one or more of its obligations and/or dissolve the contract, partially or totally, without right to compensation for the Client, in the following cases : Subject to three months' notice, notified to the Client by registered mail with acknowledgment of receipt; In case of non-payment of its invoices, after the sending of a formal notice remained unsuccessful for 15 days; In case of non-compliance with their obligations by the Client (notably absence of communication of required elements, absence of collaboration, incessant modification of the project, etc.); In case of exceptional circumstances duly motivated (such as notably the reduction of the team and/or an internal reorganization of the structure of In Fine) subject to potential notice determined by In Fine, whether these exceptional circumstances occur at In Fine, its suppliers or other contracting parties; In case of bankruptcy, judicial liquidation, judicial reorganization and/or any similar procedure establishing notably a state of cessation of payment and shaking of credit on the part of the Client, as well as a situation of competition between creditors; If IN FINE notes an infringement of the law (notably regarding the use of websites) or in case of requisition by public authority or request in court or claims from third parties which, according to IN FINE, might appear justified and sufficiently serious.
In this case, IN FINE will use its best efforts to inform the Client as soon as possible. At the end of the collaboration of the parties, for whatever cause, the Client must, without delay, cease all use of elements belonging to IN FINE and/or destroy documents or elements considered as confidential by IN FINE.
I.18 APPLICABLE LAW AND JURISDICTION
Relations between parties are governed by Belgian law. In case of dispute, only the Courts and Tribunals of the Liège judicial district, Liège division shall be competent. The language of the procedure shall be French.
I.19 REFERENCES
IN FINE will be able to state, for the promotion of its activity, the name of the Client, notably on its website infine.net. IN FINE will also be able to make a link, on the Client's website, to its own website.
II SPECIFIC PROVISIONS FOR GRAPHIC PRODUCTIONS
II.1 PRINTING, PROOFS AND READY FOR PRESS
The delivery of the ready for press (B.A.T.) or the order to print, duly signed and dated by the Client, discharges IN FINE of all responsibility for errors or omissions noted after printing. The ready for press remains the property of IN FINE and serves as proof in case of dispute. Works which are printed in urgency, without a signed ready for press by the Client, are executed at the Client's own risk, without the latter being able to invoke the responsibility of IN FINE.
II.2 CONFORMITY OF RENDERING
Regarding prints, IN FINE does not guarantee the exact reproduction of shades and perfect stability of products used (notably ink). A certain tolerance is admitted. If IN FINE's liability can be engaged, this will be limited, at IN FINE's sole discretion, either to the correction of material, excluding any damage, or to damages, according to the limits provided in article 11.
II.3 REPRODUCTION
If IN FINE only handles graphic realization and not reproduction and/or printing, the Client only has a license allowing them to produce a number of copies of the creation, subject to respecting IN FINE's rights.
III. SPECIFIC PROVISIONS FOR DIGITAL PRODUCTIONS
The term "digital production" notably concerns : Websites (showcase site, e-commerce platform, ... SOCIAL campaign – creation and configuration ADS campaign – creation and configuration) SEO optimization Management of social media accounts Newsletters
III.1 LIMITS AND CHARACTERISTICS OF THE INTERNET
IN FINE cannot exercise total control over the entire internet environment, notably due to the diversity of actors involved. The main limitations are as follows : IN FINE does not guarantee the security of data circulating on the Internet against potential misappropriation. IN FINE cannot be held responsible for problems linked to aspects such as hosting, SEO, reliability of data transmission, access times, loading speed of the website, accessibility of the site via obsolete browsers, or the evolution of external modules and their functionalities. IN FINE is subject to an obligation of means and not to an obligation of result, which implies that all reasonable efforts will be deployed to reach the set objectives, without guaranteeing a specific result.
III.2 TERMINATION OF A RECURRING CONTRACT
For all recurring contracts of digital production type, contracts of a minimum duration of 6 months are tacitly renewed at their term for a similar duration, unless the client notifies IN FINE of their intention not to renew the contract at least 2 months before the term. In case of early termination of the contract, an indemnity of 30% of the total amount of the contract is due by the client.
III.3 EXIT RIGHT FROM A WEB PLATFORM
In case of cessation, for whatever reason, of the relation between IN FINE and the Client within the framework of a Web platform, the Client's user rights extinguish. If the Client wishes to definitively acquire a license of use on the intellectual property rights pertaining to the web space realized by IN FINE within the framework of the execution of the present convention, they must make the request to IN FINE. A budget will be evaluated on a case-by-case basis.
III.4 RESPONSIBILITIES OF IN FINE
IN FINE is subject to an obligation of means as specified in article I.11. The installation of websites realized by IN FINE is carried out by IN FINE. The Client recognizes having been informed of the necessity to seek advice within the framework of a modification or new installation of the product or website. If applicable, these services will be the subject of a separate quote. The Client's collaboration constitutes an essential element in the success of any IT project. IN FINE's liability can therefore only be engaged if the Client demonstrates beforehand having provided all collaboration required by the project considered.
Furthermore, if IN FINE notes a flagrant failure of the Client to their duty of collaboration, IN FINE can, by registered mail with acknowledgment of receipt sent to the Client at the address mentioned in the order form, invite the Client to remedy the failure noted. The sending of this letter exonerates IN FINE of all responsibility relative to the execution of the contract concerned. Failing a favorable response from the Client and effectively satisfactory collaboration within a period of ten (10) business days, IN FINE can furthermore suspend the performance of its services, without the Client having right to any indemnity, until the Client provides the required collaboration.
III.5 RESPONSIBILITIES OF THE CLIENT
The Client is required to test any tool or program provided to check its compliance, absence of defects and its compatibility with their environment, before moving to its effective use. The Client is expressly informed of the fact that modifications, even minor, to programs can make the entire system unusable. The Client agrees to use the computer network, the website, as well as messaging services and any other tool in a manner compliant with their habitual use and not to contravene their legal obligations, notably by sending unsolicited advertising messages, reproduction of content without required authorizations.
IN FINE will be able to proceed with targeted and temporary surveillance operations relative to the use of Services. In case of non-compliance by the Client with their obligations, IN FINE reserves the right to interrupt access to Services (notably by blocking access to the Web space, disconnecting the site from the network, etc.), and/or terminate the contract, without notice or indemnity. IN FINE is sole and unique judge as to the abusive use of Services. The Client recognizes having been informed and having taken the information required from qualified persons before ordering Services, notably concerning the realization of websites and their potential subsequent modification. Consequently, the Client discharges IN FINE of all responsibility regarding these prior advices, notably if they intend to modify themselves certain settings and/or content.
III.6 INTELLECTUAL PROPERTY
Any creation or programming, whether of an IT nature or other (such as training media, functional analysis documents, projects, models, sketches, interpretations, typographic compositions, photographs, websites, etc.), realized by or on behalf of IN FINE, remains the exclusive property of IN FINE, unless contrary contractual stipulation. These creations are made available to the client in the form of a strictly personal user license, limited to the client's own needs and whose duration coincides with that of the contract concluded with IN FINE concerning this creation and/or programming.
At the expiration of the contract, all user rights of the client extinguish, unless written agreement providing for the renewal or extension of these rights. Unless otherwise stated in the contract, the client is prohibited from: Reproducing or copying, in whole or in part, in any form whatsoever and on any medium whatsoever, the creations made available. Disclosing or communicating to the public, in whole or in part, by any process whatsoever (including via telecommunication networks, internet, etc.), the said creations. Allowing a third party to reproduce and/or communicate to the public, in whole or in part, the creations. Making available to third parties, in whole or in part, the programming, creation, know-how and/or documentation provided by IN FINE.
The provision and/or invoicing of these creations by IN FINE to the client transfers no intellectual property right nor property right over the elements concerned, including any graphic material potentially provided to the client. When the client provides elements intended to be integrated into a creation ordered from IN FINE, the client grants IN FINE the rights necessary for the integration of these elements. The client also guarantees IN FINE against any recourse from third parties concerning the use of elements provided. In case of joint developments or creations with the client, joint property and use of related rights will be treated according to specific contractual provisions defined between the parties.
IV SPECIFIC PROVISIONS FOR DOMAIN NAMES & HOSTING
IV.1 DOMAIN NAME AND WEBSITE HOSTING
IN FINE can handle reserving, registering and/or renewing the Client's domain name, as well as the modalities relative to the hosting of their website with a service provider chosen by IN FINE. For these Services, IN FINE works mainly with GANDI (
https://www.gandi.net/fr-BE) and OVH. At its sole discretion, IN FINE can change service provider, provided that this change offers the Client performances at least equivalent to those provided at the time of the conclusion of the contract. Any modification will be subject to information to the Client, notably regarding hosting formulas and options.
The details and options of the subscription chosen for the server platform space reserved for the Client are mentioned in the Offer or any other document transmitted to the Client. Any modification requested by the Client must be expressly validated by IN FINE. The modalities relative to the Client's domain name and the hosting of their website are without link to the modalities relative to the development of the latter. Regarding domain name and hosting, IN FINE only ensures a role of intermediary between the Client and the service provider.
It is the Client's responsibility to take useful information concerning the provider, as well as the services it offers, its cost, applicable conditions, etc. Upon the conclusion of the contract for domain name and/or hosting of the website, IN FINE is led to accept the general conditions of the service provider for the account of the Client. The Client recognizes having taken knowledge of these general conditions and accepting their application, to the full discharge of IN FINE. The Client agrees to respect these general conditions. They also recognize being perfectly informed of the fact that conditions relative to each domain name vary according to the extension chosen (.be, .net, .com, etc.).
IV.2 DURATION OF THE CONTRACT
IN FINE can manage reservation, registration and/or renewal of the client's domain name, as well as aspects linked to hosting of their website via a service provider selected by IN FINE. To this effect, IN FINE collaborates mainly with GANDI (
https://www.gandi.net/fr-BE) and OVH. IN FINE reserves the right to change provider, on condition that the new provider offers the client performances at least equivalent to those provided during the conclusion of the contract.
Any modification will be communicated to the client, notably regarding hosting formulas and available options. The details and options of the subscription chosen for the server platform space reserved for the client are specified in the offer or any other document delivered to the client. Any modification requested by the client must be expressly validated by IN FINE. The modalities relative to domain name and hosting of the website are distinct from those concerning development of the site itself.
In matter of domain name and hosting, IN FINE acts only as an intermediary between the client and the service provider. It is incumbent upon the client to inform themselves about the provider, as well as about the services offered, their costs, and applicable conditions. During conclusion of the contract for domain name and/or hosting of the website, IN FINE can accept the general conditions of the service provider for the account of the client. The client recognizes having taken knowledge of these general conditions and accepts their application, thus discharging IN FINE of all responsibility. The client agrees to respect these general conditions and recognizes that conditions vary according to the extension of the domain name chosen (.be, .net, .com, etc.).
IV.3 OBLIGATIONS OF IN FINE
IN FINE acts only as an intermediary between the client and the service provider, as well as with any competent authority in the attribution and management of domain names. For website hosting, IN FINE limits itself to configuring hosting and providing technical support in collaboration with the service provider. IN FINE makes available to the client the technical means necessary to allow the transfer of their data to the disk space reserved for them.
IN FINE agrees to be available to answer any question relative to services of the provider during the opening hours of its offices, from Monday to Friday (excluding holidays and vacation period). In case of problem, IN FINE depends however on the reactivity of the service provider, the latter not being under its responsibility. Without prejudice to general provisions, IN FINE declines all responsibility concerning services of the provider and eventual damages suffered by the client following problems linked to these services, notably : Slowdowns or difficulties of access to the site, whatever the cause. Virus contamination of data and/or software of the client, whose protection falls under the responsibility of the client. Loss of emails or other means of communication. Damages to equipment connected to the server platform, under the entire responsibility of the service provider. Misappropriation of any sensitive information for the client.
Regarding domain names, IN FINE has no influence on their attribution. IN FINE cannot guarantee that domain names attributed are free of rights or that they will remain so, nor that they will be usable in the long term. The client guarantees that the domain name requested does not infringe third-party rights and discharges IN FINE of any claim or demand for damages coming from third parties, resulting from a fraudulent use of a domain name.
IV.4 TERMINATION OF DOMAIN NAME AND/OR HOSTING CONTRACT
IN FINE reserves the right to terminate a domain name, notably if it infringes third-party rights or does not respect current legislation. Likewise, IN FINE reserves the right to terminate the contract relative to website hosting in case of fraudulent use. Any termination, whether at the Client's initiative, IN FINE's or a third party's, will give rise to no free replacement or refund unless the Client demonstrates it is a faulty unilateral termination on the part of IN FINE.
IV.5 PROPERTY OF THE DOMAIN NAME
The Client remains owner of their domain name. If the Client wishes to take back management of their domain name, IN FINE will provide the necessary support and guarantee its availability. This service will be invoiced at the time-and-materials rate.
(Last modification: 21.01.2025) .