Terms & Conditions Digitaal Aangetekend / Recommandé Digital

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General Terms and Conditions of Sale for the s.a. (“société anonyme”) IPEX (hereinafter referred to as “IPEX”)

 

IPEX SA, Avenue Landas 5, 1480 Saintes. BCE/VAT: BE 0429 119 090

 

  1. Scope and acceptance
    • These terms and conditions apply to the registered email service as described in article 2 (hereinafter referred to as the “RES”) offered by Ipex to its customers, directly via its website or via a method developed by a third party such as a mobile app, a software program or a website.
    • Subject to clauses specifically aimed at consumer customers, these terms and conditions apply to both consumer customers and business customers (hereinafter referred to as the “Users”).
    • These terms and conditions constitute the contract between IPEX and the User covering the RES, to the exclusion of any other terms and conditions, including the User’s terms and conditions or those of third parties that authorise or offer the RES via their method. By confirming their order with IPEX, the User specifically acknowledges that they have read and unreservedly accept the provisions of these terms and conditions, which are also available at any time on the website https://www.ipexgroup.com/terms-conditions-digitaal-aangetekend-recommande-digital/.
  2. How the RES works
    • IPEX undertakes to provide a service to send, track and archive registered emails. The service offered to the User encompasses evidence relating to the processing of the data transmitted, proof of the absence of any damage, loss, theft or unauthorised alteration of the data, proof that it has been sent and received by the address provided by the User, as well as the time and date of the different stages.
    • The User is informed that IPEX offers different types of RES by virtue of Regulation (EU) no. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter referred to as the “eIDAS Regulation”). The User is informed of the fact that the admissibility and legal effects of the different types of RES may vary. For more information about the different RESs offered by IPEX, the User can refer to the website: https://www.recommandedigital.be/les-services/recommande-electronique/.
    • In order to be able to use the RES, the User must sign in to the platform for sending registered emails and enter all the details required to send a message, including in particular the recipient’s email address, what is to be sent and any attachments.
    • Logs kept in the IT systems belonging to IPEX or its subcontractor are regarded as sufficient, independent proof, and are valid as communications, types of service and payments between parties, unless there is proof to the contrary.
  3. The Parties’ rights and obligations
    • IPEX undertakes to make every effort to make sure that the RES works properly. IPEX nevertheless reserves the right to suspend the RES due to testing, auditing, work to improve network traffic, maintenance, server updates, faults or threats of faults, without any guarantee or compensation of any kind being owed to the User.
    • The User acknowledges that the RES is fulfilled immediately after the User has finalised their order. As a result, the User explicitly waives any right of withdrawal in this regard on the basis of article VI.53 of the Belgian Code of Economic Law.
    • The User undertakes to provide their details clearly, legibly and comprehensively, including in particular a valid email address, the data to be transmitted via the RES, as well as the recipient’s exact, complete email addresses. The User has sole responsibility for the existence and accuracy of this data. In any case, IPEX cannot be held responsible for the accuracy of the data provided by the User.
    • The User will refrain from any unauthorised use of the RES and any breach of applicable legislation. IPEX may suspend its obligations towards the User if the latter breaches applicable legislation or these terms and conditions, in any way whatsoever, without any guarantee or compensation of any kind being owed to the User.
    • It is the User’s responsibility to take sufficient security measures on the device they use to access the RES, including in particular a secure password, an up-to-date operating system and anti-virus software.
    • This contract is not saved by IPEX for the User, and the latter must keep their own copy of the contract.
    • IPEX reserves the right to handle the RES or part of the service with one or more subcontractors.
    • IPEX reserves the right to adapt, improve and update the RES at any time. If the adaptation gives rise to a significant difference in the use of the RES, the User will be informed of this with reasonable notice.
  4. Paying for the RES
    • If the RES is ordered via the app, software or website provided by IPEX or a third party that deals with payment for the service, the User accepts that the payment will, depending on the circumstances, be debited from their bank account or credit card or billed by IPEX or the third party. Any order for an RES or any IPEX bill is payable in cash. The prices indicated are inclusive of all taxes. If a message is not sent due to an incorrect email address, a mistake by the User or any other reason outside IPEX’s control, the obligation to pay for the services will not be suspended or waived.
    • Failure to pay any amount when due will automatically and without notice incur monthly interest of 1% of the amount owed, payable by the User. The User will also have to pay additional contractual compensation of 15%, with a minimum of 15 Euros.
    • If the payment is not received by the agreed date, IPEX also reserves the right to suspend any subsequent provision of services for the User immediately.
  5. The Parties’ responsibilities
    • It is the User’s responsibility to adapt the use of the RES to the specific, practical characteristics of their needs. IPEX is under no circumstances responsible for the User’s decision to use the RES, or for their decision to use a qualified or non-qualified service as defined in the eIDAS Regulation. The User also acknowledges that the RES cannot replace all registered postal services, in particular those imposed by the law or a contract.
    • IPEX is under no circumstances responsible for the content of the data to be transmitted. The User has sole responsibility for the data transmitted, the choice of transmission channel and the recipient’s address. IPEX undertakes not to access the content of registered emails unless explicitly asked to do so by the User or the authorities. IPEX cannot guarantee that there are no viruses or other malicious programs in files attached by the User, or that they will systematically check to make sure that the content of the registered email does not breach applicable legislation. IPEX nevertheless reserves the right to suspend or terminate the service if IPEX has legitimate grounds to suspect that the content of the registered email could include a virus, spam, or something that breaches applicable legislation.
    • Within the limits authorised by the law, IPEX cannot be held responsible:
      • if the recipient refuses to open the registered email sent to them;
      • if messages are not sent successfully due to the unavailability of the recipient, whether due to an incorrect address provided by the User or, if applicable, a problem with the performance of the recipient’s email server;
      • if anything sent by registered mail is not delivered. Within the context of the registered post service, IPEX’s responsibility is limited to submitting the registered letter to the post office;
      • when the harm results from negligence or errors by the User, or an intentional or unintentional breach by the User of the obligations resulting directly or indirectly from these Terms and Conditions, statutory provisions in force or any other agreement binding the Parties;
      • for any actual or alleged harm or loss following on from or relating to the use of content, advertising, goods or services available on other websites or other external sources to which the IPEX website refers;
      • for any interruption to the RES if it is the result of maintenance, a fault or network loss, or hacking, as these situations will be treated in the same way as force majeure. If the RES is interrupted, IPEX will inform Users, if possible on its website, about the beginning and end of this interruption.
      • for any indirect harm, including loss of income, data, opportunities or profit, harm to the User’s image or reputation etc.
    • Within the maximum limits authorised by law, and without prejudice to the abovementioned exclusions, IPEX can under no circumstances be held responsible for any damages for a total amount exceeding the amount paid by the User for the corresponding service. The User is responsible for limiting the total loss suffered as soon as this loss is identified by taking appropriate measures.
    • Neither party can be held responsible if it is impossible for them to fulfil all or part of their obligations due to unforeseeable, unavoidable events outside their control (“force majeure”). In addition to circumstances traditionally recognised in case law as instances of force majeure, this clause will also apply in the event of the destruction of IT equipment, hacking or pirating, the total or partial block of bandwidth, a temporary or permanent ban on or removal of access to the Internet, networks or means of telecommunication where the cause is outside the Parties’ volition or control.
  6. Complaints
    • If a User would like to a submit a complaint, they should send IPEX an email to infobe@ipexgroup.com within eight days of the provision of the RES. Failing this, the complaint cannot be declared admissible. A complaint does not suspend the obligation to pay amounts due in accordance with the agreements between the Parties.
  7. Confidentiality and personal data
    • IPEX undertakes to take necessary measures to guarantee the confidentiality of electronic communications between the User and their recipients, and not to access the content of registered emails unless explicitly asked to do so by the User or the authorities.
    • IPEX complies with the legal provisions applicable to protecting personal data, including General Data Protection Regulation no. 2016/679 of 27 April 2016 (GDPR). IPEX’s privacy policy can be found at https://www.ipexgroup.com/privacy-policy/
  8. Intellectual property
    • The services, website and its content, the mobile app and its content, including, without limitation, all of its graphical, visual, sound, photographic and text elements and the architecture of the website, are the exclusive property of IPEX or their respective owners. Changing, copying and reproducing all or part of these elements without the prior written authorisation of IPEX is prohibited.
    • The IPEX brand and logo, as well as the related company names and distinctive signs, are the exclusive property of IPEX. The reproduction or representation of all or part of these signs is strictly prohibited and must be the subject of the prior authorisation of IPEX in writing.
    • IPEX reserves the right to take legal action against anybody who breaches this clause, and hold them civilly and criminally liable.
  9. Final provisions
    • IPEX reserves the right to change these terms and conditions. Such changes will only come into effect once they have been duly brought to the User’s attention and for any order for an RES placed after this date.
    • If IPEX does not demand that the User fulfil any of their obligations as stipulated in these terms and conditions, this will in no way affect IPEX’s right to demand that they be fulfilled at any time subsequently. If IPEX does not take action when the User has breached any of the provisions of these terms and conditions, this does not mean that IPEX waives the right to take action for any other breach of the same provision or any other provision, and nor does it constitute a waiver of the obligation in question.
    • If one or more of the clauses of these terms and conditions is null and void, this does not affect the validity of the other provisions.
    • The relationship between the User and IPEX is exclusively subject to Belgian law. In the event of a dispute, the courts of the district of Nivelles will have sole jurisdiction, without prejudice to the right of the User or of IPEX to take legal action in the courts of the legal district with jurisdiction where the User lives.