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General Terms and Conditions
Article 1. General
The following contractual terms and conditions apply together with and are an integral part of the Special Terms and Conditions stipulated in any agreement concluded between PINAKES and the user. The above can be deviated from only with the explicit and written approval of PINAKES. In the event of irreconcilabilities between these terms and conditions and those set out in the Special Terms and Conditions, the Special Terms and Conditions shall prevail.
Article 2. Definitions
In the contractual relationship between PINAKES and the user, the terms below have the following meaning:
The data collected by PINAKES, which are systematically or methodically arranged and individually accessible by electronic or other means and to which PINAKES may grant clearly defined user rights under certain conditions to certain users.
The public information included in the PINAKES database (which may be added to, expanded or customised) consisting of the contact details of public organizations, associations, persons with an administrative role or a role which is closely related to public organisations, associations and individuals.
Each physical person, association of physical persons or legal person to whom PINAKES has granted a user right to its database under specific conditions and by written agreement.
The number of physical persons to whom PINAKES has granted the right to simultaneously exercise the right of use of a (main) user, the user itself not being a physical person and these persons forming a part of the user.
Right of uses
The right granted by PINAKES to the user under certain conditions to use its database in a clearly defined manner and subject to certain restrictions. The extent of this right of use is further described in Article 3 and set out in the Special Terms and Conditions.
The making available to the user by PINAKES of the data requested by the user.
Article 3. PINAKES Property Rights - Right to use of the user
The user recognizes the intellectual property rights of PINAKES over the database, both with regard to copyright as with regard to the sui generis right of the producer. In no event is the user therefore allowed to adapt or alter the structure and content of the data. The user recognizes to only have a non-transferable, non-exclusive right, restricted by the special agreements, to use the desired and supplied data from the database. This agreement can therefore neither wholly nor partly be transferred or given in (sub)license without the explicit, written and prior approval of PINAKES. The contact data are the exclusive property of PINAKES. When the user signs up for a subscription of PINAKES, he acquires a personal license. With personal licence is meant the use of the data for own and personal use. By no means, the user may transmit the data to other entities and / or third parties. A personal license also means that the PINAKES data cannot be used by the other group subsidiaries or related companies. The use of the data for the benefit of these branches or companies is excluded. The user rents the data and acquires in particular the right to use the received data for one single direct mailing. The personal license implies that the used e-mail addresses for the purposes of communication campaigns should be similar to the general e-mail addresses of company which signed up for the subscription. The use of the PINAKES data is only allowed during the validity period of the subscription. It is forbidden to use the data after the expiry date of the subscription. The user purchasing a Pinakes Export subscription may use the downloaded data for an unlimited number of times and for a period of one year. The user undertakes not to use the data for any other purpose, unless such use is expressly provided for in the Special Terms and Conditions. The user undertakes in particular not to make the obtained data available to third parties, nor to sell or lease them, or place them on a website. The user will respect the legal provisions with regard to personal privacy when using the data provided by PINAKES. The user shall fully indemnify PINAKES against any claims from third parties relating to the use by the user of the data provided by PINAKES. The user receives login data for concurrent users. The login data and passwords provided as part of a subscription are confidential. The user will not provide them to third parties. When they are made available to third parties, the customer undertakes to pay damages amounting to at least five times the amount of the annual subscription fee and/or the data transferred.
Article 4. Payment
All invoices are payable within thirty days as from the invoice date and are payable to PINAKES. Payment must be made by bank transfer to account number BE57 0682 3415 8835.
Article 5. Default Interests - Compensation for Damage
Each invoice remaining unpaid by the customer-debtor on the due date will automatically accrue interest at 1% per month, with as a minimum the statutory interest rate. Each invoice remaining unpaid by the customer-debtor on the due date will automatically and without prior notice be increased with EUR 12.50 administration costs as from the second reminder, as compensation for the costs incurred as a result of the late payment. All other costs incurred by Pinakes to recover the debt from the customer, such as costs of registered letters, travel costs, bailiff costs, solicitor’s costs, etc. will be automatically charged and must be paid by the customer-debtor.
Article 6. Force majeure
In the event of force majeure, PINAKES is released of its obligations, without compensation being due. Technical faults and errors in the information technology infrastructure, which could occur at PINAKES, must in particular be regarded as force majeure. A governmental order, such as a command to shutdown, is also considered force majeure.
Article 7. Dissolution
In the event the user does not fulfil its obligations and this shortcoming is not remedied within 30 days following notification of such by PINAKES, PINAKES has the right to consider this agreement to have been dissolved unilaterally and without prejudice to the right to be compensated for the damage that this shortcoming has caused or will cause.
PINAKES will immediately inform the user in default in writing of the implementation of the present Article. The provisions of this Article will not prejudice the provisions of Article 5 in relation to non-payment.
Article 8. Complaints - Liability
PINAKES guarantees to the user that its database has been composed in good faith. PINAKES strives for the highest quality of its database, but cannot be held liable for any inaccuracy, which - in the absence of evidence to the contrary - is due to incorrect or incomplete information provided by third parties to PINAKES. PINAKES will inform the person concerned in accordance with the Privacy Act of the right of access to and correction of data, and to object to direct marketing twice per year via email and at the latest one year after the registration of the data. Pinakes makes its customers aware of the fact that they also have to respect the Privacy Act when processing these data. The holders of the email addresses provided by PINAKES have not “opted in” in accordance with the Act of 11 March 2003 on certain legal aspects of information society services (hereinafter referred to as the E-Commerce Act). Customers who have access to the direct email addresses undertake to not use these contrary to the E-Commerce Act and accept complete liability for the commercial or other use of these addresses which may be contrary to this law. In particular, PINAKES cannot be held liable for any direct or indirect, economic or other damage. Any complaints must be submitted to PINAKES by the user in writing by registered letter within a week as from delivery. Complaints because of late delivery must however be immediately submitted to PINAKES by the user in writing, after which PINAKES has fourteen working days to deliver.
As soon as PINAKES has delivered within this period it can no longer be held liable for any type of late completion. Submitting a complaint does not exempt the user from its obligation to pay for the data supplied to him. Without prejudice to what is stipulated in this Article, any compensation for whatever reason to be paid by PINAKES will never exceed the amount to be charged for the services provided by PINAKES. PINAKES is entitled to include verification addresses in the delivered files. The number of verification addresses may however not be more than 10% and is also limited to 200 addresses per delivery.
Article 9. Applicable Law - Disputes - Jurisdiction
In the event of a dispute, the parties will first attempt to reach an amicable settlement. If no settlement is reached, only the courts of Brussels have jurisdiction in this dispute, to which only Belgian Law will apply.