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General Terms and Conditions
Article 1 | Hardware
The subscriber has a (tracking) SYSTEM of which he knows the functioning and knows how to use. The functioning or non-functioning of the hardware does not relieve the subscriber from paying the subscriptions.
Article 2 | Subscription
The subscriber has specified his desired subscription on the order form and shall be liable to pay All-Connects the corresponding subscription fee. Payment of the first invoice implies acceptance of these terms and conditions. In accordance with the price control regulations, All-Connects reserves the right to revise the prices, specifications and features of the communications, services and choice of provider upon thirty (30) days prior written notice. It is assumed that the subscriber agrees with the changes unless he cancels the contract by registered mail within 14 days of learning of the new rates.
Article 3 | Payment Modalities
a) The subscription fee for the services shall be paid in advance for a period of at least 12 months upon receipt of the invoices. b) The communication costs (if not included) and possible additional costs shall be invoiced at the latest upon renewal. c) In the event of late payment of invoices, the invoice amount will be increased, ipso jure and without any notice of default being required, by an interest of 1% per month and by an indemnity clause of 10% of the total invoice amount, with a minimum of €50.00, by way of conventional damages. If the payment is still not made 30 days after the due date, All-Connects will suspend the service. The additional costs of suspending and restarting the service will be invoiced to the subscriber.
Article 4 | Duration and renewal
The present agreement has been entered into for a minimum period of one year and is tacitly renewed for successive periods of one year each unless the subscriber or All-Connects terminates the agreement by registered letter at least 60 days before the renewal period.
Article 5 | Operationality of the service + false alarm
a) The subscriber undertakes to scrupulously respect the instructions for use of the SYSTEM and not to allow unauthorised persons to work on it.
b) In case the subscription price (see connection form) also includes the services of an alarm centre, these will be limited to 6 false alarms per year as far as the intervention costs of the alarm centre are concerned. Additional interventions, or costs due to intervention by the authorities and/or possible fines, compensation or other costs due to false alarms will always be charged extra.
Article 6 | Exemption from liability
The SERVICE PROVIDER shall not be held liable for interruptions or limitations of service due to problems with providers such as: GSM/GPRS networks, satellite signals, internet etc..., to the fact that the FOLLOWING SYSTEM has not been properly installed or is defective, or to accidental causes, to legal or administrative provisions taken or provisions taken by the competent authorities. As the Civil Code and its latest interpretation consider the damage caused by unexpected and unforeseeable extreme factors (natural disasters, war, etc.) to be a fortuitous event, the SERVICE PROVIDERS shall not be held responsible for it.
Article 7 | Transfer of Agreement
All-Connects is permitted to transfer the subscription agreement, with the sole obligation to notify the subscriber of this. The subscriber is not permitted to transfer the subscription agreement without All-Connects' prior written consent.
Article 8 | Illegal use
It is strictly prohibited to use ALL-CONNECTS SIM cards for any purpose other than their intended use. Any unauthorized use of SIM cards will expose the subscriber to a fine of at least 500 euros in addition to the communication costs, as well as legal action. The responsibility for the use of the (tracking) system data lies solely with the subscriber who must comply with the relevant legislation (e.g. privacy law).
Article 9 | Competence
For all disputes with regard to the existence, the interpretation or the execution of the agreement that cannot be the subject of an amicable settlement, only the Vredegerecht (justice of the peace court) 5. Kanton Antwerp or the Courts of Antwerp shall be competent.
Article 10 | Fleet management performance
Only applicable if a subscription has been taken out. The subscriber has taken note of the functionalities of the Web Base back office, has received access codes and accepts the evolutions and new versions that are implemented.
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