Terms and Conditions

1. Definitions

Activation: Provisioning operation for services that require Activation. Connection: Connection operation of the Client to the Abalgo network.

Customer: Anyone who is related to Abalgo by a Contract or who has sent Abalgo a purchase order.

Contract: All rights and obligations between the Customer and Abalgo which materialize in the following contractual documents: the subscription contract (s), the possible amendments and the General Conditions, hereinafter referred to as the "Contractual Documents" .

In case of contradiction between the different contractual documents, the following hierarchy will be applied:

• 1. The subscription contract / amendment,
• 2. General conditions specific to services and products,
• 3. The general conditions.

Only the French version of the General Conditions prevails.

Document Services: Document summarizing the services provided to enable the Connection, the Connection and / or the Activation of the Customer as well as the punctual services of any other service performed by Abalgo for the Customer, services that will be billed to the Customer.

Equipment: Equipment necessary for the installation of certain services (local servers, modem ...), made available to the Customer by Abalgo and which remain the property of Abalgo.

Abalgo: For these General Terms and Conditions, "Abalgo" means the following legal entity: ABALGO sprl whose head office is located at rue de la Briqueterie 11, 1400 Nivelles registered under the company number 0873.928.230.

2. Main services offered by Abalgo

• Rental services related to document management
  • Server rental on the internet
  • Dedicated software rental (Metadoc, Metadoc Powersearch, ...)
  • Training and product support
• Services in Computer Science
• Services in Electronics

Abalgo can, at any time, offer new services to its Clients. These new services may be accessible, either directly or as an accessory to one or more main service (s). Each new service offered by Abalgo will, if necessary, be subject to specific terms and conditions that will define its nature, its characteristics, its mode and accessibility conditions, its cost, its method of payment, etc. These general conditions specific to any new services will be added to these General Conditions. The Customer will be informed of the general conditions specific to any new service before any subscription to it or before its activation if it is automatic. The Customer may refuse the activation of any new service.
Abalgo's services are mainly intended for professional use.

3. Subscription request and entry into force of the Subscription Agreement - Authorized Communication Channels

The Customer shall send any subscription request to Abalgo, the Abalgo website or by any other means made available by Abalgo and, where appropriate, brought to its attention by commercial communication. Abalgo reserves the right to request any information that Abalgo deems useful for the conclusion and / or proper performance of the Contract before acting upon a subscription request.
Abalgo may refuse to access the Client's subscription request without being liable for any compensation, particularly if:

• a) The Customer refuses to provide Abalgo with the information or documents that it claims or provides it with incorrect information or documents;
• b) The Client does not respect or has not respected the obligations incumbent on him under any subscription contract which binds him to Abalgo;
• c) The Customer refuses to provide a guarantee and / or to pay a deposit requested by Abalgo under the conditions set out in article 7.1 of the General Conditions;
• (d) Technical reasons do not permit Abalgo to provide the service;
• e) Abalgo has serious indications of fraud or lack of solvency, reliability or stability on the part of the Customer.

Abalgo may also reserve certain services or Options to customers with a certain seniority.
If necessary, an appointment is made with the Customer to proceed with the installation of services by a specialist mandated by Abalgo. The Agreement shall enter into force on the Activation Date of the Service (s) or Option (s) concerned. In any case, the use of the service and / or the payment of any invoice / notice of expiry / invitation to pay related thereto by the Customer will entail acceptance of the terms and conditions of the Contract.
When the Customer communicates his details to Abalgo, he acknowledges and accepts that Abalgo may, from among them, choose the one (s) it wishes to use to transmit to the Customer any information (eg modification of the Contract, indexation, invoice ...). Any notification made by Abalgo to the Customer via one of these modes of communication will be considered valid, sufficient and individualized. The Customer agrees to immediately inform Abalgo of any changes to his contact details.

4. New Subscription Contract (s) - Addendum (s) - Effective Date

The Customer may, at any time, add or subtract services (upsell-downsell) or, within the same service, modify its subscription formula (upgrade-downgrade). However, if the subscription contract is concluded for a fixed term, no modification can be made before its expiry if it leads to a reduction in the overall monthly price of the subscription. If, when subscribing to his subscription contract or during the execution of his subscription contract, the Customer receives, free of charge or at a lower price, a Terminal Equipment, any modification of his subscription, even authorized, will give rise payment of the compensation referred to in Article 6.3.2 unless otherwise provided in the subscription contract. The Customer makes any request for modification via Abalgo, Abalgo's website or by any other means made available by Abalgo and, where appropriate, brought to its attention by commercial communication. If the change requires an additional installation at the Customer, an appointment is made with the Customer to proceed with the installation of the services by a specialist mandated by Abalgo. The new subscription / rider agreement comes into force on the date of Activation of the service (s) or Option (s) concerned. In any case, the use of the service and / or the payment of any invoice / notice of expiry / invitation to pay related thereto by the Customer will entail acceptance of the terms and conditions of the Contract.

5. Distance Selling and Off-Premise Sales

In case of distance selling or off-premises sale of Abalgo, the Customer has the right to notify Abalgo that he renounces the purchase, without penalty and without giving any reason, within 14 calendar days from the day after day of the conclusion of the subscription contract. To do so, the Customer may either use the model withdrawal form contained in the Annex to the General Terms and Conditions and on the Abalgo website or make another unambiguous statement setting out his decision to retract. In case of withdrawal, the Customer shall, at his own expense, without undue delay and, in any case, no later than fourteen calendar days after the communication of his decision to retract to Abalgo, return to Abalgo any Equipment which would have been made available to him. This restitution must take place at the place (s) designated by Abalgo. If applicable, Abalgo will refund all amounts paid by the Customer within 14 days of the recovery of any Equipment made available to the Customer or the receipt of proof of its return. For services which, at the request of the Customer, the execution will have begun before the expiry of the withdrawal period, the Customer shall be required to pay Abalgo an amount proportional to the services provided until he has informed Abalgo of his decision to retract.

6. Duration and termination

6.1 Duration

Unless otherwise stipulated, the subscription contracts for the various services and the different Options are concluded for an indefinite period. If the subscription contract for the main service to which an Option relates is terminated, the subscription contract for this Option will, by operation of law, be terminated if necessary in advance on the same date. When the Customer subscribes to a set of services offered for a global price, the subscription contract (s) to the service (s) previously subscribed by this Customer who is (are) in this together is (are) terminated by right. If the Customer subscribing to such a set of services terminates one or more services included in this set without terminating all of them, to the extent that the services / services that the Customer has not terminated (s) are offered by Abalgo, a new Subscription contract for this service (s), presenting the characteristics most similar to those of the service (s) which the Customer had in his previous subscription contract, will be automatically concluded.

6.2. Termination by the Customer

Without prejudice to the application of article 6.3, the Customer may, at any time, terminate the subscription contract by registered letter, simple letter or email addressed to Abalgo or via the contact form available on the website of Abalgo. Abalgo will make every effort to terminate the service concerned as soon as possible in view of the technical constraints and will provide a written confirmation to the Customer.

6.3 Allowances

6.3.1. In the event of early termination of a fixed-term subscription contract occurring before the end of the subscription contract if the duration of the subscription contract is less than 12 months or before the expiry of a period of 12 months after the entry into force of the said contract if its duration is equal to or greater than 12 months, Abalgo may claim from the Customer a termination indemnity equivalent to the subscription fees that would still be due until the end of said contract if the duration of the it shall be less than 12 months or still due until the end of the twelfth month following the entry into force of the said contract if the duration of the contract is equal to or greater than 12 months.
6.3.2. Moreover, in the event of termination of a fixed-term or indefinite contract put to sleep and the subscription or retention of which was linked the obtaining, free or at a lower price, of a service intervening before the expiry of the said contract, Abalgo may claim from the Customer a termination indemnity equivalent to the subscription fees that would still be due until the end of the dormant Contract.

6.4 Limitation of Service - Termination by Abalgo

If a Customer does not fulfill his payment obligations under his Contract, he will receive a warning message from Abalgo warning him of the risk of limiting his service (s). If, within the time limit set in this message, he does not pay the totality of the amounts due to Abalgo, nor does he notify him of any valid dispute of the unpaid amount or ask him for a plan of discharge, Abalgo may limit his / her his service (s). For the duration of the suspension of the service (s), the Customer will be solely responsible for the costs directly related to the services that will be provided.
If the Customer still does not correct his situation, he will receive a warning message from Abalgo warning him of the risk of termination of his Contract. If, within the time fixed in this message, it does not pay the totality of the sums due, Abalgo can automatically terminate the Contract without notice or compensation.
Abalgo may also at any time terminate the subscription contract of indefinite duration by registered letter, simple letter or email addressed to the Customer subject to compliance with a period of notice of 30 days which takes effect on the first day of the month following notification.

7. Financial conditions

7.1. Price - Guarantee - Down Payment - Promotions

The price of the subscription is, unless otherwise provided, that in force on the day of the entry into force of the subscription contract. The costs of consumption of the services will, if necessary, be invoiced to the Customer in addition to the price of the subscription on the basis of the tariffs in force. In addition, installation fees and any other services provided by Abalgo for the Customer based on the Services Document as well as Activation fees will be billed to the Customer based on the rates in force. Details of the rates, fees and allowances in force will be sent to any person who makes a written request to Abalgo. Abalgo reserves the right to index its rates once a year based on the Consumer Price Index. The price indexation will be carried out according to the following formula: new price = old price multiplied by (last known consumer price index divided by the consumer price index at the time of the previous price determination).
Abalgo reserves the right to require the Customer, before the conclusion of the Contract or during the duration thereof, the payment of a guarantee in particular in the following cases:

• to guarantee the return of an Equipment;
• in the event of serious indications of fraud, lack of solvency, reliability or stability of the Customer (eg incorrect information provided by the Client, default of payment, seizure, collective debt settlement procedure ...);
• home, fixed residence or billing address abroad.

If the guarantee is not constituted within the deadline imposed, Abalgo may refuse to grant the Customer's subscription request, suspend all or part of the services or terminate the Contract without notice or compensation. The guarantee may be affected by Abalgo's payment of all sums owed to it by the Customer. If Abalgo uses all or part of the warranty, the Customer will be required to restore it. At the end of the Contract, the guarantee or its balance will be refunded to the Customer insofar as it has paid all the amounts due to Abalgo.
Abalgo reserves the right, prior to the conclusion of the Contract, to require the Customer to pay a deposit in advance. Abalgo reserves the right, during the term of the Contract, to require the Customer to pay a deposit on a systematic basis. If the deposit is not paid within the deadline, Abalgo may refuse to grant the Customer's subscription request, suspend all or part of the services or terminate the Agreement without notice or compensation.
When a promotion is granted to the Customer under certain conditions, if it turns out that the Customer does not fulfill the prescribed conditions, the promotion granted will be canceled. The promotion will also be canceled when the Customer who requested it does not proceed to the installation of the services to which it has subscribed within two months from the mail or mail of Abalgo confirming his subscription request or when does not make all the payments required to benefit from the promotion within 30 days from receipt of the corresponding invoice.

7.2. Billing - Notice of Expiry - Invitation to pay - Payment - Domiciliation

Services provided by Abalgo are subject to invoices, expiry notices or requests to pay, the frequency of which is monthly, bimonthly, quarterly, semi-annually or annually determined in the subscription contract and sent to the customer. billing address indicated by the Customer.
In the case of a fixed-term contract, the Customer may be required to prepay the service for the agreed period or part of it.
Abalgo reserves the right to transmit invoices electronically or to make them available to the Customer via any electronic platform. The Customer may nevertheless request that his invoices be sent to him by mail. Payments can be made by bank transfers or by direct debit. Direct debits are accepted only from a Belgian bank account. The amounts due to Abalgo are payable within 30 days of Abalgo sending any payment request related thereto or, for Customers having chosen payment by direct debit, the day of the first presentation of any automatic payment related thereto.
Abalgo expressly reserves the right to charge the Customer's payments to the discharge of any debt that the Customer owes Abalgo.
When the Customer opts for the automatic payment system for the payment of one of the services, this automatic payment will be applicable for the payment of all amounts due to Abalgo as part of all the other services provided by Abalgo (invoices expired and due ) unless the Client has objected formally and in writing. Abalgo however reserves the right to claim payment by transfer of the first maturity (s). If the payments are the subject of a automatic payment, in the event of refusal of withdrawal from the banking establishment, expenses of rejection on the basis of the tariffs in force will be charged to the Customer. At the Customer's request, Abalgo will provide a duplicate of each invoice, notice of expiry or invitation to pay, free of charge. Any duplicate additional will be billed to the Customer based on current rates.
At the Customer's request, invoices, notices of expiry or invitations to pay may be sent and sent to a third party payor designated by him. The designation of a third-party payer does not, in the event of its failure, exempt the Customer from its payment obligation. The third party payer does not acquire any rights resulting from the subscription contract considered. Unless otherwise instructed by the Customer, any refund will be made by Abalgo only on the account through which it pays the amounts due to Abalgo provided that this account is registered in his name or in particular in his name. If this is not the case, Abalgo will ask for the bank account number on which the refund will be made.

7.3 Late payment

In the event of late or non-payment, even partial, at the end of the invoice, Abalgo may send one or more reminders to the Customer. A maximum of 4 reminders per invoice unpaid in whole or in part or paid late will be billed to the customer at a unit price of 10 €. Any amount unpaid on its due date will automatically and without notice be interest at the legal rate, all months started being due in full. The Customer will also be liable for a fixed compensation equal to 15% of the amounts unpaid at their due date with a minimum of 50 €. This lump sum indemnity covers the administrative cost of processing unpaid invoices, excluding recovery costs generated by the intervention of third parties.
In addition, any late payment of an invoice or a monthly payment, when a payment plan has been concluded, will make payable automatically and without notice any amounts due to Abalgo, including those for which payment facilities had been granted.
If amounts remain unpaid to Abalgo, Abalgo can entrust the recovery of these, before any judicial decision, to a bailiff, a lawyer or a third party. In addition to the amounts due to Abalgo, the Customer will then pay the cost of acts and interventions performed by the bailiff, the lawyer or the third party for their recovery and the down payment and / or recipe. These acts and interventions (reminder, formal notice, research fees, down payment and receipts, ...) will be accounted for at the rates set by the Royal Decree of 30 November 1976 fixing the tariff of acts performed by the bailiffs in civil and commercial matters as well as that of certain allowances.
These rates are as follows:

These rates are indexed annually on January 1st based on the consumer price index.
In case of judicial recovery of any unpaid invoice, if he dies in court, the debtor will also be liable for all legal costs without prejudice to any claim for damages and other action, including litigation, necessary to safeguard interests from Abalgo.
If Abalgo does not pay the Customer within the agreed deadlines for the amounts it would owe, the Customer is entitled to similar late penalties.

8. Responsibilities

8.1. Responsibility of Abalgo

Subject to technical constraints, Abalgo undertakes to use all the means at its disposal to ensure the Customer's access to the subscribed service (s). However, Abalgo makes no warranties, expressed or implied, as to the error-free or uninterrupted operation of the service or the ability of the service to meet Customer's expectations or needs. Abalgo's liability is incurred solely by reason of its fraud, gross negligence or that of its employees or agents or because of any breach of an obligation consisting of one of the main services of the Contract. His / her responsibility is limited, if necessary, to the repair of the only predictable, direct, personal, material and certain damage that the Customer has suffered except for the repair of all indirect or immaterial damages. Abalgo can not be held responsible for interruptions or disruption of services due to force majeure or any other unforeseeable event, such as strikes, bad weather, subject to the sovereign appreciation of the Courts and Tribunals or any other events attributable to the Customer or a third party. In any case, Abalgo's liability is capped at an amount equal to the total amount paid by the Customer to Abalgo for subscriptions to the service (s) during the twelve months preceding the occurrence of the damage. .

8.2. Customer's responsibility

The Customer is solely responsible for any direct or indirect damage, material or immaterial, caused to Abalgo or to third parties by him or any third party using the service subscribed by the Customer. The Customer undertakes to indemnify Abalgo for any damage resulting in particular from any act, claim or judgment in damages that Abalgo would be subject to following the behavior that the Customer or any third party using the service underwritten by the Customer would have had or further a violation of the intellectual property rights of third parties by the Customer or any third party using the service subscribed by the Customer.
The Customer will be responsible in case of fraud on the Connection, the Connection, the Activation and / or the Equipment put at his disposal. In this case, without prejudice to Abalgo's right to claim damages, the Customer shall be liable to Abalgo for a lump sum of € 250 to cover the costs of refurbishment and other technical and administrative costs. The Customer assumes full responsibility for the choice of his PIN / password / login or the retention of the initial PIN / password / login proposed by Abalgo and the use that could be made by him and / or a third party. The Customer expressly waives any and all recourse against Abalgo in this respect.

9. Transfer

The assignment by a Customer of all or part of his rights and obligations resulting from the Contract to a third party is authorized only for certain services and with the prior written consent of Abalgo. In the event of a transfer accepted by Abalgo, all rights and obligations arising from the Contract are transferred to the assignee who accepts them. The transferee and the transferor must send to Abalgo an application form for the transfer of the Contract duly signed by both parties. This form is sent to anyone who makes a written request to Abalgo.
Abalgo may freely assign all or part of its rights and obligations under the Agreement to any third party of its choice without the Client's consent.

10. Claim and intervention of the mediator

10.1. Complaint brought to Abalgo

Any complaint from a Customer may be sent by registered letter to Abalgo customer service.
For invoicing-related complaints, the Customer has 30 days from the date of the debiting of his bank account or the receipt of the invoice, the notice of expiry or the invitation to pay for to dispute the amount. Beyond this period, the Customer is deemed to have accepted it definitively.
Subject to the introduction by the Customer of a complaint declared admissible by the Mediation Service, in the event of a claim, the payment remains due on the agreed date.
The Customer has a period of 5 calendar days from the suspension of the service to submit a claim. Beyond this period, the Customer can not claim any compensation to Abalgo for the damage resulting from this suspension, for the period between the fifth day and the day the complaint is lodged.

10.2 Evidence

The Customer acknowledges that the encodings of his requests and the records of the computer system and the control system of Abalgo constitute formal proof of the Customer's requests such as requests for subscription and / or Activation to a service or an Option. , the modification of the type of service subscribed by the Customer, the order of programs ...

11. Changes to the Terms and Conditions or Subscription Agreement

Abalgo undertakes to inform the Client of any modification of the General Conditions applicable to a contract of indefinite duration or of any modification of the subscription contract of indefinite duration having an impact on the Client at least one month before its entry into force.
Any Customer who objects to the modifications of the General Conditions applicable to a contract of indefinite duration or to the modifications of the contract of subscription of indefinite duration has the right to terminate without expenses, in the first case, the Contract, in the second case, the subscription contract for an indefinite period at the latest on the last day of the month following the entry into force of the new General Conditions or the modification of the subscription contract.
If the modification consists of an increase in the price of his subscription, any Customer who opposes it has the right to terminate without charge his subscription contract of indefinite duration at the latest on the last day of the month following the reception of the first invoice issued after the entry into force of the said increase.
Abalgo reserves the right, however, to amend the General Conditions applicable to fixed-term and indefinite-term contracts or fixed-term and indefinite subscription contracts when the modification consists of a transposition of a change of a purely factual, a change in the regulatory framework leaving no choice to Abalgo on how to make the changes imposed, without the Customer being offered a right to cancellation without costs. The Customer will be informed of such modification at least one month before its entry into force.

12. Jurisdiction and applicable law

The Contract is governed by Belgian law. Any dispute concerning the interpretation or performance of the Contract will be the exclusive jurisdiction of the jurisdictions of the registered office of the legal entity providing the service (s) to the Client.

GENERAL CONDITIONS SPECIFIC TO THE DIFFERENT SERVICES

13. Hosting service of a document management server

13.1. Protection of computer data

The Customer is solely and entirely responsible for the use he makes of the document management service. The Customer undertakes to use the service in compliance with all applicable legislation. For any document made available by this service, the Customer agrees to respect all copyright in the data it uses or expressly transmits and releases Abalgo of any liability in this regard.
Abalgo can not under any circumstances be held responsible for the consequences arising from this use or the content of the data transmitted or received by the Customer.
The Customer acknowledges that Abalgo has no control over such data and has no obligation with respect to such control. The Customer waives any recourse against Abalgo for any damage of any nature whatsoever he may have suffered on the occasion of the use, faulty or otherwise, of the service.
In no event shall Abalgo be liable for any damages, damages, errors or omissions, interruptions, defects, theft or destruction caused by a third party to the Customer's computer system. Abalgo will also not be responsible for the loss of computer data stored on the Customer's system as well as any loss of data on the e-mail space and WEB space provided where appropriate.
Abalgo includes in its system protections, including data encryption to minimize the risk of abuse and maximize the protection of the Customer against any external attack.
However, the Customer will take all necessary and necessary measures to avoid cybercrime and computer viruses.

13.2. Copyright

The software possibly made available to the Customer is protected in particular by the legislation relating to intellectual property rights. Therefore, the Customer undertakes not to copy the software, except backup copy, not to modify them and to respect the obligations related to their licenses of use.

 

13.3. Copyright
The use of the document management service requires the installation of cookies. The Customer agrees with this installation.