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General terms and conditions of sale

Terms applicable to WINGOU by ITP services and subscriptions

  1. All our written and verbal quotes are without obligation.
  2. The contract is final as soon as it is accepted by Inventive Telecom Partners, hereinafter referred to as ITP, for a term that begins when the equipment is put into service and ends at the close of the 5th following calendar year. Thereafter the contract is tacitly renewed from year to year, failing notice given by either party six months in advance by registered letter. Any subsequent addition to the equipment made available is governed by an addendum.
  3. Every delivery and every service is subject exclusively to these delivery and sales conditions. No departure from them is permitted without the prior written agreement of ITP.
  4. The service contracts only become final after written acceptance and confirmation by ITP, or after effective delivery of the order. The Customer is, however, bound from the signature of their order form.
  5. Save where otherwise stated, our prices are net and exclusive of value added tax.
  6. The equipment forming the subject of this contract remains the absolute property of ITP. On expiry of the contract, for whatever reason, it shall be returned to ITP in perfect condition. The customer shall provide ITP with the name and address of the owner of the building where the equipment connected to the service is installed, and shall keep ITP informed of any change of owner or relocation. The customer undertakes to act in all circumstances so that ITP's right of ownership over the equipment made available is respected.
  7. The delivery times stated in our quotes are given for information only and cannot be regarded as decisive for the sale. Failure to meet the delivery time given for information may in no case give rise to a request to cancel the sale, to compensation or to a penalty, whatever the cause of the delay.
  8. The equipment installed at the customer's premises is entirely under their responsibility. The customer undertakes to:
    1. Bear the cost of the power supply, as well as all charges or levies of any kind required by the use of the equipment made available.
    2. Use, for the equipment made available, only the recommended products, which must be supplied by ITP.
    3. Comply, where applicable and without being able to claim any compensation from ITP, with all present and future regulations of the administrative authorities relating to the equipment made available.
    4. Ensure ITP's agents permanent access, as well as all assistance for the inspection of the equipment made available.
    5. Insure the equipment made available against all risks of any kind, for the entire term of this contract and for the full value of the equipment. The customer subrogates ITP in their rights against the insurer.
    6. Pay for all damage, deterioration, loss, etc. caused by them or by third parties to the aforementioned equipment, or by this equipment to third parties, for whatever cause, even in the event of force majeure. It is expressly agreed that damage caused by lightning, riot or disaster is not covered by the contract.
    7. Pay ITP, in the event of the disappearance or total destruction of the equipment, the compensation provided for in article 11, by way of damages.
    8. Not copy or disclose to third parties the software made available under this contract.
  9. Our invoices are payable in advance and monthly by direct debit and without discount. The issue of a bill of exchange, a promissory note or any other commercial instrument does not entail novation of the debt. ITP reserves the right to suspend the services in the event of non-payment of a monthly service invoice and/or in the event of cancellation of the direct debit. In the event of non-payment on the due date, our invoices are increased, by operation of law and without prior notice, by a fixed and irreducible amount equal to 10 % of the invoice amount, by way of administrative costs. This is without prejudice to default interest set at 1 % per month, the recoverable procedural costs as well as any compensation for material damage and loss of profit. On the other hand, in the event of non-payment on the due date, the customer's other outstanding debts not yet due become immediately payable. In that case ITP also reserves the right, at all costs to the Customer, to suspend and/or terminate any contract or order still to be performed. All costs, of any kind, caused by the non-payment of commercial or bank documents are borne by the Customer.
  10. The customer undertakes not to have any relocation, modification, addition or removal of the equipment carried out — whether at the customer's request or for any other reason — other than through the intervention of ITP. If, during the contractual period initially provided for, the customer wishes to supplement the basic equipment with the addition of equipment or installation and ITP agrees to put these additions into service, the expiry date of the addenda shall coincide with that of the original contract.
  11. After receipt of the order, the services are started up and invoiced as soon as possible. If the customer requests that the start of the services be postponed, ITP shall charge the customer the cost of holding them in stock. These are set at a flat rate of 10 % per month of the monthly fee for the services ordered.
  12. In the event of cancellation of an order within eight calendar days of its receipt, a flat fee of €275 excl. VAT is charged for administrative costs. For any cancellation of an order occurring after this period of eight calendar days, ITP reserves the right to require payment of a cancellation fee equal to 50 % of the total amount of that order for the contractual term initially provided for (excl. VAT).
  13. ITP may terminate this contract by simple registered letter in the following cases:
    1. In the event of non-payment of one of the fees for more than thirty days.
    2. In the event of a breach of article 7 of the general conditions.
    3. If the customer applies for an amicable or judicial settlement.
    4. If the customer is declared bankrupt.
  14. If ITP decides to terminate or cancel the contract on one of these grounds, it has the right to:
    1. Immediately proceed with the removal of the equipment, without the customer or, where applicable, their receiver being able to object.
    2. Require payment of a fixed and irreducible compensation equal to two thirds of the fees that would have been due until the expiry of the contract had its performance continued to the end, with a minimum equal to two years' fees, without however exceeding the total of the remaining fees. The same compensation is due in the event of the customer's renunciation of the contract. The same compensation is also due to ITP in the event of judicial termination or cancellation of the contract at the customer's expense.
  15. Belgian law applies to this agreement. In the event of a dispute, only the courts of the judicial district of Brussels shall have jurisdiction.