Terms of service
GENERAL TERMS AND CONDITIONS OF DELIVERY AND SALE
01. Contracting parties.
01.1: This contract is concluded between NEXT DREAM BV on the one hand (hereinafter referred to as "Imagicasa"/"performer") and all its customers on the other hand (hereinafter referred to as "customer"/"client").
01.2: Full operating data of the performer: NEXT DREAM BV Falconpoort 23 B-2000 Antwerp VAT: BE 0458.667.137
01.3: The client's appointee, employee, spouse or any other family member represents him and is assumed to have the necessary mandate to commit him vis-à-vis Imagicasa.
01.4: Our intermediaries, representatives, appointees, servants or any other persons acting in the name of Imagicasa have no right to bind Imagicasa in any way. Orders or orders taken by them are only valid after written confirmation by Imagicasa. We reserve the right to refuse orders for which we have not given such confirmation.
02. Giving and acceptance of conditions.
02.1: The present conditions in this contract apply to all actions between Imagicasa on the one hand and its customers on the other, insofar as they are not deviated from by special conditions or agreements.
02.2: By the mere fact of negotiating with Imagicasa, concluding agreements, requesting quotations and ordering products and/or services from Imagicasa, via one of its websites, post, telephone, fax, mail or by any other means, the customer expressly declares that he has read, understood and agrees to abide by these general terms and conditions (including the invoicing terms and conditions) and all the provisions described in this agreement.
02.3: The customer acknowledges that these terms and conditions constitute the integral text of the agreement reached between the parties, and supersede and cancel all previous oral or written proposals or agreements, as well as any other communication so far made between the parties.
02.4 The customer expressly waives the right to invoke its own general and special terms and conditions of purchase. The customer expressly declares that the latter are considered non-existent.
02.5 Any agreement, clause, condition or any other description contrary to the terms and conditions stated in this agreement shall not be accepted by us, unless expressly agreed otherwise in writing.
03. Communications with the customer.
03.1: All communication with the customer is made via the email address with which the customer has made himself known to Imagicasa. The client expressly declares that this email address belongs to him and that he will inform Imagicasa of any change of this email address without delay.
03.2: All invoices are delivered to the client digitally via email. At the express request of the customer an invoice can also be sent by post subject to payment of an administration fee of 9.95 euro (excl. VAT).
03.3: In deviation to the conditions in art. 03.1 and 03.2, at the customer's explicit request and only with Imagicasa's explicit written agreement, it can be agreed to communicate by other means such as post, SMS, fax, telephone, etc. It is the express responsibility of the client to provide Imagicasa with all necessary address details without delay, to ensure their correctness and to inform Imagicasa immediately in case of any changes.
03.4: The client understands that negligence or default in the prompt notification of address changes or the notification of incorrect address data can have serious consequences and can lead to the loss of his data, the non-delivery of ordered and paid products, the loss of domain names and even the incurrence of (administrative) fines and damages as a consequence of non-payment, as described in Ch. 22 of these conditions.
04.1: In order to execute its agreements, Imagicasa, as data controller, collects personal data from the customer. The customer can consult, correct or change these personal data by sending a registered letter to Imagicasa. By accepting these General Conditions, the client expressly authorises Imagicasa to collect these data.
04.2: Imagicasa reserves the right to use these personal data for its own purposes and/or to sell them to third parties. Only at the express request of the customer and with a registered letter to Imagicasa, the customer can make it known that he does not wish his data to be used and/or sold to third parties by Imagicasa.
04.3: Imagicasa reserves the right to modify these privacy regulations at any time and this in accordance with the law of 8 December 1992 on the protection of privacy and in accordance with the General Data Protection Regulation of the European Parliament and the Council of 27 April 2016.
05. Quotations and orders.
05.1 All proposals and price lists of Imagicasa as well as all prices mentioned on the internet sites of Imagicasa are non-binding and only apply for information purposes. They do not bind Imagicasa in any case, unless explicitly indicated as definitive.
05.2 Each order or order placed by the client, whether or not electronically, binds the client as principal, but only after written confirmation by Imagicasa.
05.3: When a quotation/order agreement from Imagicasa is signed by the customer, a complete and legally valid contract is deemed to have been established. The same applies if the works are carried out after a quotation has been sent to the customer, except for immediate and registered protest after the start of the works.
06.1: Final prices as described in art. 05.1 are valid for a maximum of 7 days.
06.2: All prices quoted by Imagicasa are always exclusive of VAT and exclusive of costs and packaging. Any transport costs are always borne by the customer. Deviations from this provision are only possible with the explicit written agreement of the parties.
06.3: Rates communicated by Imagicasa for the provision of services are fixed in function of performance during normal working hours so that supplements are possible. Normal working hours are: from 09:00 to 17:00 on working days. Working days are weekdays, excluding public holidays.
06.4: By placing an order, the customer agrees to the tariffs indicated by Imagicasa. 06.5: Imagicasa reserves the right to modify its prices at any time, without prior notice.
06.6: Imagicasa reserves the right to adjust its prices at any time, without prior notice, depending on changes in cost prices or foreign currency exchange rates, even if the order confirmation from Imagicasa states a different sales price. In such cases, the customer retains the right to cancel the order at the new price within 3 days of its notification.
07. Studies, (preliminary) designs, trials, delivery on sight.
07.1: All our studies, preliminary designs, drafts and proofs (photos, drawings, sketches, models, texts, videos, etc ...) which are not followed by a final order within 30 days will be invoiced to the customer at the agreed hourly rate, plus costs incurred. In this case, no use, in any way, is permitted.
07.2: Upon delivery of visual works at sight, the customer undertakes to return the works in perfect condition within 15 days from the delivery date. If this period is exceeded, preservation fees, amounting to EUR 9.95 (excl VAT) per week and per work, will be charged.
07.3: In case of loss or damage to an original work or a duplicate, a minimum flat-rate compensation will be charged, amounting to 1,750.00 euros for an original and 875.00 euros for a duplicate (excl. VAT).
08. Reproduction and intellectual rights.
08.1: The use of our works is subject to the provisions of the copyright and neighbouring rights laws and is strictly limited to the description given on this document.
08.2: Unless expressly stated otherwise, we retain the intellectual property rights to all our works.
08.3: Under no circumstances and by no means (reprography, photocopy, microfilm, video process or electronic, digital or analogue manipulation, etc.) may a new original or copy of any kind be made of the works supplied by us without our prior written consent. Any reproduction, publication, exhibition or other use is possible only with our prior written consent and the mention of our name.
08.4: The use of our works is always at the sole responsibility of the user. He alone is responsible for the necessary permits regarding the persons and goods depicted on these works, and for the texts and captions associated with their use.
08.5 Under no circumstances and in no way can our works be transferred to third parties without our written consent. The customer will be deemed responsible for any violation of that prohibition.
08.6: The customer must respect the moral rights attached to our works. The customer thus undertakes to respect the integrity of our works, in particular to reproduce them faithfully and not to mutilate or distort them without our prior consent. Our name must be clearly and unambiguously mentioned with regard to any reproduction.
08.7: Unless expressly agreed otherwise in writing, all rights (cable, audiovisual exploitation, private copy, publication, etc.) are reserved.
08.8: The customer is prohibited from modifying, imitating, allowing or favouring our goods or parts thereof in any way whatsoever.
08.9: Our customers who act as intermediaries between Imagicasa and the end user are obliged to mention the articles mentioned in this agreement with regard to intellectual rights or a text with the same scope in their conditions of sale. 08.10: In the event of infringement of the provisions of Ch. 8 and/or any use not authorised by us, we reserve the right to claim damages as provided for in the SOFAM tariff, as well as commercial and moral damages for the consequences arising from the unauthorised use.
09. Ownership and transfer of ownership.
09.1: All studies, negatives, transparencies, sketches, designs, proofs, photographs, models, drawings, videos, custom-made software, configurations, layouts and slides as well as all documents prepared by Imagicasa, of any kind, always remain the property of Imagicasa and must be returned to us at first request.
09.2: If the reproduction or any other rights as described in Ch. 8 are ceded, this cession only takes effect after the agreed price has been paid.
09.3: Transfer of ownership regarding delivered goods shall only and exclusively take place upon full payment of both the principal sum and the interest, damages and costs due. Until then, the buyer is prohibited from pledging the goods or restricting or nullifying their free disposal by any kind of security to the detriment of Imagicasa. However, the buyer is obliged to insure and keep the goods against any risk as of delivery. The customer shall inform Imagicasa if the goods and materials are placed in a space rented by the customer and, if necessary, disclose the identity and place of residence of the lessor.
09.4: Offered third party software remains the exclusive property of the manufacturer. Only a user licence will be granted. The user shall not be able to transfer, assign, pledge, transfer or lend it in any form whatsoever, neither as security nor free of charge. The user shall keep the proprietary notices for the benefit of the company affixed to the software and the manual in good condition and shall ensure that the software remains confidential.
09.5: Under penalty of damages, the customer shall notify Imagicasa by registered letter of any seizure carried out by a third party. The client undertakes to allow Imagicasa, without prior notice, to repossess the goods and shall bear the costs of removing the goods. The name of the third party acquirer must be communicated to Imagicasa immediately by registered letter.
09.6: The customer expressly acknowledges that Imagicasa has a right of revocation that can be exercised in the widest sense of the possibilities provided by law and regulations.
10. Distance selling.
10.1: According to the law on remote sales contracts, the customer has a period of 14 calendar days, after receipt of the order, within which he can withdraw from the contract, as long as the contract was concluded remotely. After this period, cancellation is no longer possible.
10.2: In case of renunciation as described in art. 10.1, the customer must inform Imagicasa immediately in writing.
10.3: In case of renunciation for goods already delivered to the customer or which have already left our warehouses for delivery to the customer, the customer must return all goods, in undamaged condition and/or packaging, to Imagicasa at his own expense. The refund of corresponding advances and payments shall be made within 30 days of receipt of the returned products.
10.4: By means of this agreement, the customer expressly acknowledges that in case of renunciation by the customer, the transport costs inherent to the renounced order can never be part of the amount to be refunded.
10.5: In case the customer has already made a payment before the end of the period of seven working days referred to in art. 10.1 for services (such as domain name registration, web hosting, etc...), the delivery of services may already have been carried out and the customer and Imagicasa agree that the right of renunciation cannot be exercised in such a case.
10.6: In case the customer has placed an order for goods and/or services that are made according to the customer's specifications (made-to-measure, etc...) or have a clearly personal character, the customer and Imagicasa agree that the right of renunciation cannot be exercised.
10.7: In case of renunciation, an exchange of ordered products and/or services can be opted for at the explicit request of the customer. The exchange can only take place after receipt of the returned products, as described in Art. 10.3. In such case, the difference in price will be charged, together with the new transport costs, all forming part of a new order form.
11. Delivery and/or publication of data and content by the customer
11.1: The customer provides Imagicasa with the necessary data and content in time to allow Imagicasa to properly execute the concluded contract. In doing so, the customer bears responsibility to deliver the material in accordance with our technical guidelines, as available on simple request, in our mediakt or via our website. If the material is delivered late, Imagicasa reserves the right not to place the advertisement. The advertising space made available, printed or not, will be deducted from the invoice and refunds will be refused.
11.2: Imagicasa can in no case be held responsible if due to the customer's fault the contract cannot be executed. (e.g.: late or non-conforming delivery, ...) All costs caused by delivery of material that does not meet our technical requirements will be charged to the customer.
11.3: At the client's written request, Imagicasa provides the client with a preliminary design prior to publication in the magazine, on the online platform or within the framework of another order. Adjustments to the preliminary draft will only be carried out if remarks by the client are submitted in writing to Imagicasa within 7 days after receipt of the preliminary draft. Any comments after 7 days, whether in writing or not, will be rejected.
11.4: The client accepts that, even after printing or publication of the publication, deviations from the originals are possible due to technical limitations (e.g. deviations in colour rendering, ...) and acknowledges that Imagicasa cannot be held liable for this in any way.
11.5: Imagicasa reserves the exclusive right to add, modify or reject the supplied material at its own discretion within the framework of the publication of the Imagicasa magazine and/or platform.
11.6: Imagicasa bears no responsibility for the content of the posted material, insofar as it was supplied and/or posted by the client. Only the client is liable for the correctness of the information provided and mentioned in his publications.
11.7: The advertiser is only entitled to the execution of the agreement after full payment of the invoice. For print media, full payment of the invoice is due before the title goes to press. In case of late payment, Imagicasa always has the right to use the advertising space for other purposes and still demand payment of the invoice as compensation.
12.1: These conditions apply to all articles, goods and services ordered by the customer and do not affect the conditions in Ch. 10 and Ch. 11. Where the conditions overlap or contradict each other, Section 10 prevails as far as a distance sale is concerned and Section 11 prevails as far as a domain name registration, domain name renewal or web hosting package is concerned.
12.2: Imagicasa reserves the right, in the absence of timely payment, to cancel an order, delivery, renewal, etc. within 7 days after expiry of the payment term, without prior notice or formal notice.
12.3: Imagicasa reserves the right, in case of non-compliance with one or more conditions of this contract, to cancel an order, delivery, renewal, etc. within 24 hours after the breach has been established, without prior notice or default.
12.4: Cancellations by the customer must always be made in writing and dated to Imagicasa, and must be in our possession at the latest 7 days before the first of the following dates or periods expire: shipping date, delivery date, payment date.
12.5: Insofar as Imagicasa in the context of a cancellation agrees to the return of goods by the customer, the customer bears all responsibility and risk for the products in the context of a return. All costs inherent to the return are always at the customer's expense. A return can only take place if the goods are returned to Imagicasa undamaged, in their original packaging and with all accessories.
12.6 All services related to the promotion of the client on Social Media are always concluded for a period of one month. These services can be cancelled monthly by the client. Termination can only be done in writing (postal mail or e-mail). If the service was not cancelled by the customer no later than the last working day before the end of the current month, the service will be renewed automatically, for a new period of one month. By automatically renewing the service, the customer automatically accepts the rates and conditions applicable at that time.
13.1: All deadlines are always formulated in working days, unless expressly formulated otherwise.
13.2: Execution and delivery deadlines are always indicative and therefore not binding, unless expressly agreed otherwise.
13.3: Delays can under no circumstances give right to dissolution of the agreement, cancellation of an order, penalty or any form of compensation.
13.4: If the customer requests to shorten the originally agreed delivery or execution period, we reserve the right to increase the original amount of the order by at least 50%.
13.5: The customer undertakes to collect or accept our goods at the latest within 7 days from the moment he was informed that the goods are at his disposal.
13.6: Any complaint concerning the goods, services or content of the invoices, of whatever nature, must be made by registered letter within 8 days of the first of the following dates or periods: date of commencement of performance of services, date of dispatch, date of delivery, receipt of invoice.
14. Terms of payment and delivery.
14.1: Our goods are always considered sold, received and accepted in our warehouses. Delivery takes place at the customer's risk from the time they leave our warehouses, even in case of sale of "carriage paid" delivery. For deliveries to third parties, the responsibility lies solely with the customer.
14.2: We reserve the right to make partial deliveries, which constitute partial sales. The partial delivery of an order cannot justify the refusal to pay for the goods delivered.
14.3: Imagicasa reserves the right to subcontract all or part of the works, at our own responsibility.
14.4: Without prejudice to the conditions in art. 03.1, 03.2, 14.1 and 14.2, Imagicasa reserves the right to offer products and/or services by mail, sms, telephone, internet, etc.
14.5: Insofar as Imagicasa acts as intermediary in the sale of goods, Imagicasa undertakes, where applicable, to deliver the supplied goods to its customers in unopened packaging and in unaltered condition. 1
4.6: In case of damage, incompleteness, error or any other visible defect or non-conformity, the customer is obliged to refuse the goods or to accept them only under written reservation.
14.7: Subject to the exceptions expressly provided for in this agreement, the customer acknowledges that every order placed by the customer is irrevocable, regardless of whether or not an advance payment has been made. The advance paid by the customer shall be deducted from the order price. Advances are never refundable, regardless of maturity or amount.
14.8: All services are always on the basis of advance payment, unless expressly and exclusively agreed otherwise in writing.
14.9: Without prejudice to the provisions of Art. 14.8, all our invoices are payable within a period of 7 days from the invoice date, at our registered office, in cash, net and without discount or within the period of 30 days from the invoice date, exclusively for those customers with whom this has been expressly agreed in writing.
14.10 Without prejudice to the provisions in art. 14.8 and art. 14.9 and in accordance with art. 11.7, in the case of printed media, all invoices shall always be paid before going to press. This provision shall also apply if the period between conclusion of the agreement and going to press is less than 7 days.
14.11: A payment from a customer that cannot be linked to an open order, renewal or invoice will be invoiced as a prepaid payment. This prepaid amount will be automatically deducted from the next order or renewal.
14.12: Imagicasa reserves the right to use any incoming payment for the oldest outstanding amount owed, regardless of the statement with the payment.
14.13: Payment of invoices may never be subject to the installation or commissioning of the delivered goods.
15.1: In the absence of a complaint as described in article 13.6, the invoices shall be considered as accepted without any reservation.
15.2: Any complaints cannot be used as a pretext to suspend or delay payment of invoices.
15.3: The customer's own interventions cancel any ground for complaint.
16. Guarantee & liability.
16.1: In our capacity as intermediary, the guarantee with regard to third party goods is limited to the guarantee granted by the manufacturer. Imagicasa's liability under this guarantee is in any case limited to the amount Imagicasa itself can obtain in indemnity from its own supplier. The customer must contact the manufacturer or the importer of the good in question directly with regard to this guarantee.
16.2: Regarding hidden defects that Imagicasa itself does not know or has known about, Imagicasa is not obliged to any indemnification.
16.3: Imagicasa's services are provided on the basis of availability. The customer's use of a service at Imagicasa is entirely at his/her risk. Imagicasa is in any case not obliged to pay any compensation to the customer or to third parties, expressly including compensation for direct or indirect damages (e.g. arising or resulting from a damage or loss of data recorded by the user), loss of profit, damage to goods or damage to persons, among others, if the goods or materials were processed or modified if the instructions of Imagicasa or its representatives were not correctly observed, if the goods or materials were used or handled in an inappropriate manner, if the goods were not used in accordance with their intended use or if the damage is the result of an error or carelessness of the customer.
16.4 Any resale by the customer of the delivered goods or materials cannot entail any aggravation of Imagicasa's liability. The client indemnifies Imagicasa for all consequences of the claims that its own buyer could make against Imagicasa and which would exceed the limits of the claims that the client himself could assert against Imagicasa.
16.5: Imagicasa cannot be held liable for the non-fulfilment of an order due to force majeure, e.g. technical failures, stock exhaustion, non-delivery by Imagicasa's suppliers, destruction of goods due to accidents, strikes, fire, floods, etc. This enumeration is not exhaustive. This enumeration is not exhaustive. Imagicasa is not obliged to prove the unforeseeable nature of the circumstance constituting force majeure.
16.6: If Imagicasa's liability is withheld as a consequence of the non-execution or improper execution of the present contract, the parties expressly accept that the total compensation shall not exceed an amount equal to 5% of the value of the order.
16.7: Imagicasa is in no way liable for the bad faith registration of domain names by third parties, the registration of domain names at the client's request that infringe on the rights of third parties, etc. The client shall indemnify Imagicasa each time for any third party claims following the registration of a domain name.
16.8: The client is responsible for any misuse of his account. The client declares to take the necessary steps so that others cannot gain uncontrolled access to the account, even if this abuse is committed by a friend, family member, guest or employee.
16.9: Under no circumstances can Imagicasa be held responsible for the operation, failure or interruptions of services provided, including (but not limited to) loss of website data, loss of backup data, inability to provide a recent copy of your website or data, website downtime, losses due to unavailability of website. Although Imagicasa makes every effort to handle its customers' data with care and provides internal backups of all data, the customer understands that due to the technical nature of the service, a backup is not guaranteed. The customer remains ultimately responsible for the necessary backups of his data on our accounts.
16.10: Imagicasa cannot in any way be held liable for any failure of the Internet connection due to technical or other failures both inside and outside the Imagicasa network. The customer is solely liable for the proper use of the product, service or software taking into account the specifications, documentation and instructions of Imagicasa.
16.11: Imagicasa cannot guarantee the security of the Internet, postal services or any other form of communication and the possibility of interception or disruption of the data transmitted by the customer and cannot be held liable for this in any way by the customer.
17.1: If, at the request of the client, the invoice was drawn up in the name of a third party, the client shall, in addition to this third party, remain responsible for the performance of the payment and other obligations arising from the general and special terms and conditions of sale.
18.1: For security reasons, the customer undertakes to keep, for a period of 5 years, a list of his customers (name and address) as well as of the products sold to them and the dates of the transactions, as far as it concerns goods and services delivered to the customer by Imagicasa.
19.1: Imagicasa cannot be held liable by the customer for obligations under environmental legislation of the customer. Costs imposed under environmental legislation, including but not limited to legislation on packaging, the take-back of waste electrical and electronic equipment and environmental taxes on batteries, are not part of the sales price. Imagicasa is entitled to invoice costs under these and other environmental legislation, if applicable, separately to the customer.
20. Export restrictions
20.1: The customer who purchases or resells Imagicasa's products undertakes to respect the laws of the European Union and its member states in this matter as well as, where applicable, to comply with the legal conditions of export control imposed by the United States. In the case of export of certain goods outside the European Union, the customer is obliged to obtain prior written authorisation from the producer. In case of breach of this clause, the customer shall compensate Imagicasa for resulting damages, costs, and expenses.
20.2: Imagicasa is in no case responsible for exporting the offered services/products to countries where these products are forbidden.
21. Restrictions on use & unauthorised use.
21.1 Imagicasa's services may only be used for lawful purposes. For these reasons, we will not provide services to those who use our services for purposes including but not limited to:
- 21.1.1 Hacking or providing (or attempting to provide) unauthorised access to any account, computer, server, or network. Port or firewall scanning and 'phishing' (fraudulently trying to find out data) techniques are also not permitted.
- 21.1.2 Hosting or offering files, software, torrents or music for which one does not have permission or a licence. - 21.1.3 Sending spam or sending unwanted commercial or other emails in bulk.
- 21.1.4 Violating intellectual rights, copyrights, trademarks, privacy and other legal rights.
- 21.1.5 Hosting or offering any material that is threatening, unlawful, offensive, obscene, objectionable or material that Imagicasa deems inappropriate.
- 21.1.6 Hosting or offering child pornography is strictly prohibited. If this information is discovered, Imagicasa will immediately notify the competent legal authorities.
- 21.1.7 Hosting or offering software or files that contain computer viruses or files that can cause damage to computers and/or servers of others.
21.2 On your personal and/or business page, the majority of your images, download files, etc. must be linked from an HTML or equivalent web page that is accessible to the public and your website/page must consist mostly of web pages and images used on those pages. Your website/page must not be designed primarily to provide files for downloading and the data traffic caused by one or more of your downloads must be in reasonable proportion to the consumption of the rest of your website/page.
Imagicasa will act immediately in case of problems with CPU or memory usage caused by the content of your website/page and where necessary remove the content without prior notice.
21.3 Unrestrained use of our services is not allowed. Your account must never load the server in such a way that other customers are inconvenienced, limit the server speed or cause a high load. Imagicasa has the right, if your website/page uses more than 10% of the CPU or memory of the server resources, to take the necessary actions to avoid further problems with the server.
21.4: Specialised technical support for issues outside our standard services is charged at 25 EURO per quarter-hour started (excluding VAT).
22.1: The non-payment on the due date of a single invoice, the protest of a bill of exchange (even if not accepted), any request for concordat, amicably or judicially, any request for postponement of payment, even unofficially, or any other fact demonstrating the customer's incapacity to pay, makes the balance due of all the others, even those not due, immediately due and payable by operation of law and without notice of default.
22.2: As stipulated in Art. 11.7, the customer is entitled to performance of the contract only after payment of the invoice. In case of non-payment within 30 days after the invoice date, a compensation of 15% on a monthly basis on the unpaid part of the invoice will be due by right and without formal notice, each started month counting as a full month, as well as a fixed compensation equal to 40 euro. Moreover, in these cases Imagicasa reserves the right, without notice, to suspend all deliveries.
22.3: In case of unilateral dissolution of the contract by the customer, he will pay damages of at least 30 % of the total price. Higher damages may be requested if the damage exceeds 30 %.
22.4: Serious violations of the General Terms and Conditions will result in immediate discontinuation of our services to the customer.
22.5: Any violation of these General Terms and Conditions will result in a cost payable to Imagicasa of minimum 40 euros per complaint or violation and/or suspension or discontinuation and termination of your account and this without prior notice to the customer and without refund of sums already paid. The customer understands these damages may increase according to the severity of the complaint and that they are not limited, all costs will be recovered from the customer in full or in part.
22.6: Imagicasa is not responsible for damages and/or data loss resulting from the discontinuation of the service in case of violations of the General Conditions.
22.7: Imagicasa reserves, in case of a violation, the right to terminate your account, as well as further business relations with You, for any suitable reason at any time. No further discussion is possible regarding this decision.
22.8: If a requested trade or transfer is not feasible due to reasons beyond Imagicasa's control, the customer will always owe a fee of 10 per cent of the amount paid with a minimum of 25 euros or the domain will be converted into an existing domain where the customer can use the hosting via name server referral.
22.9: Imagicasa reserves the right, in case of non-compliance with the terms of payment or any other condition of this agreement, to additionally suspend, curtail, shorten in time or suspend and/or restrict public access to the customer's site by displaying a notice on the site or replacing it with a notice stating the nature and reasons for the restriction.
22.10: Imagicasa reserves the right to charge an administrative cost of minimum 15.00 euros per modification on each order to which a customer wishes to make changes and which has already been processed by Imagicasa. This modification can be an addition of lines to an order, a change in the number of units ordered, a change of product, etc.
22.11: The preceding provisions are without prejudice to the damages due according to the SOFAM Tariff :
- 1. A lump-sum minimum indemnity of 200 % of the basic right calculated according to the SOFAM Tariff, with a minimum of 125 euros, shall be due in case of use without prior authorisation.
- 2. A minimum lump-sum indemnity of 100% of the basic royalty calculated according to the SOFAM tariff, with a minimum of 125 euros, shall be due for use without mention of the author's name and/or that of his assignee.
- 3. A minimum flat-rate compensation of 300 % of the basic royalty calculated according to the SOFAM Tariff, with a minimum of EUR 250, shall be due for use with a name other than that of the actual author and/or his successor in title.
- 4. A lump-sum minimum compensation of 200% of the basic royalty calculated according to the SOFAM Tariff, with a minimum of 125 euros, is due in case of violation of the integrity of the work.
22.12: Penalty compensation as defined in this agreement does not include protest and court costs. These costs shall also be borne by the debtor.
22.13: By accepting the General Terms and Conditions, the customer authorises Imagicasa to pass on the customer's data to the legal authorities in case of established infringements.
23. Express resolutive clause. The parties expressly agree that the provisions of the present article constitute an express resolutive clause. Without prejudice to its right to compensation, Imagicasa reserves the right to cancel or terminate this contract at any time, without notice or compensation, in case of non-payment on the due date of a single invoice, the protest of a bill of exchange (even if not accepted), any request for amicable or judicial composition, any request for postponement of payment, even unofficial, or any other fact demonstrating the customer's inability to pay. 24. Territorial jurisdiction. 24.1 Any contestation or dispute between the customer and Imagicasa, which would not be settled by a written contract or these delivery and sales conditions, is exclusively governed by Belgian law and falls under the exclusive jurisdiction of the courts of the judicial district of ANTWERPEN. These courts are expressly recognised and accepted by the parties as the only competent jurisdictions, regardless of the customer's place of residence.