In these General Terms and Conditions the following definitions apply:
'Systray Solutions': Systray Solutions BVBA, with registered office at Deinse Horsweg 65, 9031 Drongen, registered under company number 0884.833.010.
'Buyer': any natural person or legal entity that has or will have a contractual relationship of any kind with Systray Solutions.
'Products': the subject of one or more purchase agreements, including, but not limited to, domain names, hosting packages, server packages, visual presentations such as websites and other graphic material.
'Services': the subject of one or more purchase agreements, including, but not limited to, providing support in registering domain names, drawing up suitable hosting packages, developing hosting strategies, advising on online presence in the broadest sense.
In addition to these General Terms and Conditions, specific terms and conditions may apply to certain services and/or products, if expressly stated. If there are any differences between these specific terms and conditions and these General Terms and Conditions, the provisions of the specific terms and conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated. One or more provisions in these General Terms and Conditions can only be deviated from on the condition of expressly agreed and written proof. In that case, the other provisions of these conditions will remain in full force. General terms and conditions used by the Buyer do not apply. Systray Solutions reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders. By using the website or other electronic portal of Systray Solutions and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website. Systray Solutions may rely on third parties when this is required for the correct execution of an agreement with the Buyer. Systray Solutions can be reached via 'systray.be'.
Systray Solutions takes the utmost care when placing information online about the properties of the products and services, including the technical descriptions that are based on data from its partners and suppliers, all to the extent that the technical resources permit and in accordance with the best standards on the market. Certain characteristics of a product or service, such as effective write size, uptime, speed, and others, may differ from the description shown on the website upon activation or delivery.
An agreement is concluded when an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer. A personalized quotation is valid for 2 weeks, unless a different period is stated in the quotation. Systray Solutions and its buyer expressly agree that a valid agreement is concluded by using electronic forms of communication. In particular, the absence of a normal, digital or electronic qualified signature does not affect the binding force of the offer and its acceptance. Systray Solutions' electronic files serve as presumption of evidence to the extent permitted by law. Information, images, verbal communications, statements, etc. regarding all offers and the most important characteristics of the products provided by telephone or e-mail are presented or provided as accurately as possible.
All prices are expressed in euros and are exclusive of VAT and other taxes. Special offers are only valid while supplies last. The Buyer owes the price that Systray Solutions has communicated to it in its confirmation in accordance with Article 2 of these conditions. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Systray Solutions after the conclusion of the agreement. Any additional (renewal) costs will be clearly communicated to the buyer. An administrative fee will be charged for invoices sent by post. Additional conditions apply to certain payment methods. This will be clearly communicated to the Buyer.
The sales prices indicated on the site are exclusive of all taxes and duties. We reserve the right to change prices at any time, but we undertake to apply the rates indicated on the site at the time of your order. Online orders can be paid via commonly valid and internationally accepted credit cards and electronic payment methods. Security measures via SSL are intended to ensure that your online payment is made safely. If the payment cannot be processed immediately because a financial payment method is chosen that cannot implement such immediate payment, Systray Solutions determines a payment term of 15 days after the invoice date. If the customer does not pay the invoice within this stipulated period, statutory interest will accrue and will be due without express notice of default. If Systray Solutions has not received payment after 3 reminders, the invoice will be transferred to a collection agency who will further handle the procedure. Complaints must be submitted within one week of the invoice date. Filing a complaint does not in any way result in a suspension of payment. The Buyer will also be charged for all (extra)judicial costs of whatever nature that Systray Solutions has had to incur as a result of the Buyer's failure to fulfill its (payment) obligations. If a payment method with a credit card (independently or via PayPal) is chosen, the terms and conditions of the relevant card issuer apply. Systray Solutions is not a party to the relationship between the Buyer and the card issuer.
Domain name agreements are valid for a fixed period of one year. In the interest of the Buyer, Systray Solutions chooses not to implement automatic renewal. An explicit request will therefore be sent by e-mail each time at the end of the period. If the Buyer does not inform Systray Solutions in a timely manner, the domain name will be irrevocably released. Under no circumstances can Systray Solutions be held liable for any (im)material damage resulting from the relevant release. Domain names are registered under the supervision of DNS.be, the Belgian regulator for domain names. Systray Solutions is a registered agent (http://www.dns.be/whois/findRegistrars/letter/S).
Systray Solutions provides server space and hosting-related services as is. This implies that the server may be sensitive to technical stagnation, downtime, loss of speed, etc. The Buyer is in no way entitled to post material online that is contrary to public order or morality, nor material that infringes various intellectual property rights of third parties. In the event of a lawful notice-and-takedown request, Systray Solutions will immediately remove the infringing material from the server space and notify the Buyer in writing. As soon as the infringements are part of criminal proceedings, Systray Solutions will immediately terminate the agreement with the Buyer. The Buyer is not entitled to any refund. The Buyer also indemnifies Systray Solutions against any financial consequences of the above procedure. The above clause also applies in its entirety in the case of illegal activities that take place on the infrastructure/network of Systray Solutions (such as spamming, DDOS attacks, etc.). Excessive use, whether or not leading to traffic that exceeds normal and reasonable limits, can also lead to unilateral termination of the agreement.
Systray Solutions reserves the right to purchase certain intangible movable goods or services from suppliers for resale. Under no circumstances can Systray Solutions be held liable in the event of a technical, accidental, intentional, unintentional, gross or negligent error on the part of the supplier. Systray Solutions undertakes to provide support and advice to the customer where possible and provides appropriate action against the supplier. Furthermore, Systray Solutions can only be held liable to the customer for proven and actual damage resulting from a previously concluded agreement. Any compensation will in no case exceed the total amount of the services as invoiced to the customer.
Specific to domain names:
When Systray Solutions purchases a domain name from a supplier intended for resale, Systray Solutions' liability is limited to merely setting up and configuring the domain name in question. The title of ownership of the domain name is immediately transferred to the customer after ordering and configuration. Under no circumstances can liability be extended to (in)direct damage caused by the supplier. Since the essential obligation lies in the transfer of the domain name by the supplier and, in addition, Systray Solutions does not acquire any title of ownership during the registration process, the customer must immediately contact the responsible supplier for compensation in the event of technical shortcomings or errors. In such a case, Systray Solutions undertakes to immediately and in detail make known the identity of the supplier and to provide the customer with the necessary documents for verification.
To ensure the security of your online transactions, Systray Solutions works with recognized payment partners and credit card issuers. Online payment is carried out via a closed security system, with which your bank details are always encrypted when sent over the internet. This limits the loss or theft of your identity or credit card details to a minimum. Systray Solutions believes it has taken all possible and relevant precautions and therefore acts as a normal, far-sighted and careful online intermediary. Any identity theft or financial theft cannot therefore be claimed against Systray Solutions.
The Buyer is always obliged to carefully examine the products or services immediately after receipt or activation. Complaints from the Buyer, which relate to defects in the product or service, which are externally observable, must be addressed by the Buyer within seven (7) days after activation or provision (or within seven (7) days after the invoice date if the products are not could be delivered to the Buyer), will be notified to Systray Solutions in writing. We recommend that you send your complaint by registered post.
The Buyer is always obliged to carefully examine the products or services immediately after receipt or activation. Complaints from the Buyer, which relate to defects in the product or service, which are externally observable, must be addressed by the Buyer within seven (7) days after activation or provision (or within seven (7) days after the invoice date if the products are not could be delivered to the Buyer), will be notified to Systray Solutions in writing. We recommend that you send your complaint by registered post.
The Market Practices Act (WMPC) stipulates that the Buyer can return or deactivate the product or service within a period of 14 calendar days without any consequences, such as fines or stating reasons. This is called the right of renunciation. Products or services that were custom designed fall outside the application of this right in accordance with Article 47, §4, 2° WMPC. In this case, consideration can be given to various technological packages, such as domain names, hosting packages, server space in the form of VPS (Virtual Private Server), colocation and design elements such as websites and various graphic presentations, which were custom-compiled. Such products or services are therefore not eligible for return or deactivation.
Returning or deactivating an order is at the expense and risk of the User, unless the product is not in conformity. Within the term of the warranty extension, the customer must transfer the product to Systray Solutions and request a return document via info@systray.be.
In the event of valid and legally correct use of the above-mentioned right of renunciation, Systray Solutions will ensure reimbursement of the sum paid by the Buyer to Systray Solutions within seven (7) working days, using a payment method of its choice but internationally generally accepted.
No refund is possible if the right of renunciation has been used unlawfully. In that case, the products or services will be transferred to the Buyer, provided that a reasoned statement is provided, at the Buyer's own expense and risk.
As imposed by the applicable and relevant legal provisions, the products and services supplied by Systray Solutions are subject to a legal warranty. If the delivered item does not comply with the agreement, the Buyer must notify Systray Solutions of this within seven (7) working days following delivery. Any resulting compensation can never exceed the amount invoiced to the Buyer. Usual or normal wear and tear or technical stagnation, unintentional or intentional changes made by the Buyer to the product or service, the inability to present an original invoice or valid proof of payment and various negligence are explicit, but therefore not exhaustive, exceptions to the aforementioned warranty system.
URLs included on the website or other electronic communication portals, which are under the actual control of Systray Solutions, can be clicked and visited by the Buyer entirely at his own responsibility.
In the event of force majeure, Systray Solutions is not obliged to fulfill its obligations towards the other party. Systray Solutions is entitled to suspend its obligations for the duration of the force majeure. Force majeure means any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part.
All intellectual property rights and derivative rights are retained by Systray Solutions. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts. The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless it concerns purely private use of the product itself.
The information you provide is necessary for processing and completing orders, and drawing up invoices and warranty contracts. If this information is missing, the order will inevitably be canceled. Providing incorrect or false personal data is considered a violation of the current General Terms and Conditions. The Buyer's personal data will only be processed in accordance with the applicable privacy statement, which can be consulted via the Systray Solutions website.
All offers and agreements are exclusively governed by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded. All disputes relating to or arising from offers from Systray Solutions, or agreements concluded with it, will be submitted to the competent territorial court, unless a mandatory legal provision expressly designates another court as having jurisdiction.
Our goal is to provide our customers with a full package of internet facilities. We offer you a solid IT infrastructure that suits your company.