The terms and expressions used in these general terms and conditions shall have the following meaning.
1.1. Service or Services: all the services provided by LINK2LINK, for which the Client has signed a Contract with LINK2LINK.
1.2. Client: legal or natural person with whom the Contract is concluded.
1.3. Contract: the contract by and between the Client and LINK2LINK which shall consist of the following documents:
1.3.1. The order form, the order confirmation and any annexes;
1.3.2. The particular terms and conditions for the Service; these general terms and conditions are posted on http://www.link2link.be .
1.4. LINK2LINK: LINK2LINK Public Limited Company, having its registered office at 76 Chaussée de Ruisbroek, 1180 Brussels, registered under company number BE0647.897.246.
1.5. Product: any product supplied by LINK2LINK under the Contract which constitutes a necessary accessory for the provision of the Service.
2.1. This document sets out the general terms and conditions for the provision of Services and sale of Products by LINK2LINK to the Client. By entering into the Contract, the Client hall waive the application of its general terms and conditions of purchase.
2.2. Unless agreed otherwise in writing, in the event of a discrepancy between the documents of the Contract, the following order of priority shall be taken duly in to account: 1. The order form, the order confirmation and any annexes thereto; 2. The particular terms and conditions for the Services; 3. These general terms and conditions.
2.3. No amendment to the Contract shall apply without the prior, written consent of LINK2LINK.
2.4. LINK2LINK reserves the right to amend the general terms and conditions at any time without having to notify the Client. Such an amendment shall apply also to the Contract(s) already in force and shall be posted on http://www.link2link.be. The Client undertakes to check the aforementioned site on a regular basis. In continuing to use the Company’s service, the Client shall adhere without reservations to the amended general terms and conditions which shall then be fully enforceable against the Client.
3.1. Delivery times for the Service or a Product shall be given for information only. Any delays may not give rise to damages for the Client nor authorize the latter to terminate the Contract.
3.2. LINK2LINK may change the configuration of the network, equipment or passwords, on conditions that the quality of Service is not altered significantly as a result. LINK2LINK shall endeavour to apprise the Client of such a change as promptly as possible. LINK2LINK may moreover interrupt the service to the extent necessary for operational reasons or in the event of emergency maintenance.
3.3. LINK2LINK shall ensure that the Service is provided without any risk of unauthorized access by third parties. LINK2LINK shall not, however, be held liable for damages suffered by the Client and/or a user or third party due to insufficient protection. If a Client and/or a user should notice or suspect that third parties have accessed the Service unlawfully, for example by using the password of the Client and/or the user, the Client shall notify LINK2LINK within 5 working days. The Client shall remain liable to pay for the Service and consumption due to such unlawful access.
3.4. LINK2LINK shall provide the Client with a Technical Assistance Service to deal with malfunctions and any other difficulties by calling the number indicated on http://www.link2link.be .
3.5. The Client may request that the number assigned to it by a third-party operator be transferred to the LINK2LINK network or by LINK2LINK to a third-party operator, with the exception of nomadic numbers. The Client shall contact the operator to which it wishes to transfer its number. The latter shall take the necessary steps to carry out said transfer. The transfer operation may entail a period of inaccessibility for the Client, for which LINK2LINK may not be held liable.
3.6. LINK2LINK reserves the right to change the assigned numbers if there is a change in the numbering plan or in the event of a decision by the regulatory authority. If such is not the case, LINK2LINK shall endeavour to limit the impact of such a change for the Client.
3.7. Pursuant to the regulations in force, LINK2LINK shall be required to transmit the Client’s data as well as any change thereof to the publishes of directories and providers of telephone directory enquiry services, except in the case of a private number or when the Client has specifically spelled out that it did not wish to be included in such files.
3.8. The Client shall be responsible for the accuracy of the data it provides to LINK2LINK. Any change of data shall be entered as promptly as possible in the White Pages directory as well as in the telephone directory enquiry file.
4.1. The costs shall include the subscription, connection and any per-minute charges. The rates indicated on the websites, in pricing plans or in other contractual documents shall be quoted exclusive of VAT, unless stipulated otherwise. Unless contractually agreed otherwise, the rates posted online shall take precedence over any other paper version communicated to the Client.
4.2. Subscriptions to the Services shall be payable in advance. The periodic invoice shall indicate the subscriptions for the subsequent contractual period. The consumption shall be determined at the end of each period for which the subscription has been invoiced.
4.3. LINK2LINK reserves the right to invoice telephone traffic in advance by means of usage credit. If the call credit is exhausted, the Client may continue to make and receive calls. Such calls shall be invoiced at the rate indicated in the call credit agreed with the Client. The client shall not be entitled to any refund for unused call credit.
4.4. The invoice shall be sent by post and/or e-mail. In the event of discrepancy between the paper and the electronic version, the latter shall take precedence.
4.5. Unless stipulated otherwise in writing, all invoices shall be payable in cash by the Client.
4.6. If an invoice is not paid when due, LINK2LINK may send a reminder by post or e-mail. In such a case, a fee of €15 per reminder may be charged. If payment is not made within a month of the first reminder, access to the Service may be reduced or discontinued by LINK2LINK until all outstanding sums have been paid by the Client. In such a case, an indemnity of at least €40 per line and per number shall be charged, subject to proof of greater damage to LINK2LINK. The Client shall not be relieved of its contractual obligations as a result of this procedure, and subscriptions shall continue to be charged during this period. In addition, LINK2LINK may refuse any repair or reactivation of the Service, without forfeiting its right to payment of the sums due in full.
4.7. If the reminder to pay the invoice goes unheeded, LINK2LINK shall increase any sum still due as of the date of the reminder by applying conventional interest at an annual rate of 12% plus a flat-rate compensation (known as a penalty clause) of 15% with a minimum of €150, without prejudice to its entitlement to full compensation for the damage suffered and any other action necessary to protect the interests of LINK2LINK. In the aforementioned eventuality, the full amount invoiced shall become payable immediately.
4.8. If an invoice is not contested by registered letter before it is due at the latest, it shall become irrevocable and accepted unconditionally.
4.9. The Client shall be required to inform LINK2LINK immediately of any changes to its details (e.g. address, bank, etc.). Otherwise, any and all notices shall be served using the details provided on the order form.
4.10. Insofar as the Contract pertains to the supply of equipment the ownership of which is to be transferred to the Client, LINK2LINK shall remain the owner thereof until the sums due under the Contract have been paid in full.
4.11. Payments made by the Client shall as a matter of priority be allocated to pay interest and any other compensation first, and then to the principal of open invoices, notwithstanding any other such allocation mentioned by the Client.
4.12. LINK2LINK reserves the right to change or index the rates and prices of Services or Products. Changes shall take effect under the contracts in progress and shall be communicated at least one month before they enter into force. If the rates are increased, the Client shall have the right to terminate the Contract, without compensation, at the latest on the last day of the month following receipt of the first invoice after the changes entered into force. This right to termination shall not apply if the rates or prices are indexed.
5.1. LINK2LINK reserves the right to require a guarantee from the Client, which may not exceed 20% of the value of the Contract, after a delay or payment incident, or if the value of the Contract justifies it, or when the information provided by the Client is not complete or when a verification of the information so justifies.
6.1. The Client shall be responsible for the use of the Service with due diligence in accordance with the laws and regulations in force and the terms and conditions of the Agreement. The Client undertakes not to use the Service for unlawful purposes.
6.2. The Client shall guarantee that it holds the licences required to commission and use its equipment.
6.3. The Client shall ensure the Service equipment is properly kept and safeguarded. It shall authorize LINK2LINK to monitor and inspect the Service equipment remotely at all times. The Service equipment may under no circumstances be moved or adapted without the intervention of LINK2LINK. The Client shall be held liable for any damage to the Service equipment or the network resulting from a malfunction or failure brought about by an installation carried out by the Client or its own client.
6.4. Use of the Service may entail risks of unauthorized access by third parties or viruses that affect the Client’s computer system. It shall be up to the Client to take all such measures as appropriate to ensure that no other person has access to the Service without its authorization and in order to protect its data and software. Without prejudice to the provisions of Article 9, LINK2LINK shall not be held liable if the appropriate measures have not been taken.
6.5. LINK2LINK may, on its own initiative or at the request of any competent authority, disclose, delete, amend or move any content that would infringe these general terms and conditions and/or the law and/or any other applicable regulations or standards.
6.6. The Client and/or the user shall not be authorized to implement procedures or carry out activities that could have a harmful effect on LINK2LINK and/or the use of the Service by other clients.
6.7. Any violation of the provisions of Article 6 shall be considered a serious breach of the obligations of the Contract.
6.8. The Client undertakes to indemnify LINK2LINK for any loss the latter should suffer from a violation of the obligations described in this Article 6, and/or a legal action brought by a third party against LINK2LINK for the Client’s failure to comply with said obligations.
7.1. Products shall be transport at the Client’s risk, even if sent carriage paid. The guarantee for the hardware and/or software sold and/or installed by LINK2LINK shall, without prejudice to the legal provisions, be that granted by the software author/manufacturer and shall be strictly confined within the limits set by those granted the latter as of the date of purchase or the date on which the user licence enters into force.
7.2. The Client shall obtain only a personal, non-transferrable and non-exclusive right of use for the software and user documentation made available by LINK2LINK. The Client will only obtain a personal, non-transferable and non-exclusive right of use for the software and user documentation made available by LINK2LINK. The latter and its licence distributors shall retain all intellectual and industrial rights at all times, including copyright relating to the software, documentation and media on which the software are made available. By the mere fact of using the software or documentation, the Client agrees to the relevant licence terms and conditions. The Client shall be prohibited from reproducing the software and related documentation, except for the purposes of normal backups, as well as from adopting or having modifications or additions made to the software and documentation and from disclosing all or part of the software and documentation to third parties in any format whatsoever. The Client and/or user shall refrain from removing or modifying any sign that determines ownership or origin.
8.1. The Contract shall into force on the date on which LINK2LINK accepts the order arising out of the Contract, the confirmation of the order form, or the commissioning of the first line in performance of the Contract by LINK2LINK. Unless stipulated otherwise in the particular terms and conditions applicable to the Contract, the Contract shall be concluded for a minimum period of 12 months.
8.2. Upon expiry of its initial term, the Contract shall be automatically extended for successive periods of the same duration as that for which the Contract was originally signed, whereby the Client shall have the option of terminating the Contract by relevant notice served by registered mail within two months of the new expiry date.
8.3. The Client shall have the option of terminating the Contract before the contractual expiry date. In such a case, it shall be liable for a termination indemnity corresponding to the full amount of the fixed monthly fees payable for the period remaining until the contractual expiry date, subject to reimbursement of any reductions obtained unjustifiably by the Client.
9.1. The provision of the Service shall constitute an obligation of means. LINK2LINK shall be responsible for providing the Service up to the point of connection to the Client’s network.
9.2. LINK2LINK’s liability shall be limited to gross negligence and fraud. Apart from these eventualities, LINK2LINK shall not be held liable for any interruption -- or any reduction in the quality – of the Service.
9.3. Under no circumstances shall LINK2LINK, its employees, agents, subcontractors and suppliers be held liable for the following:
9.3.1. The fact that the Service does not meet the use intended by the Client, unless a guarantee to that end is expressly stated in the specifications of the order;
9.3.2. The content of the information transmitted or made accessible by the Client via the Service to third parties and vice-versa;
9.3.3. Any inappropriate or fraudulent use of the Service by the Client or a third party;
9.3.4. Technical problems or breakdowns or failures in the network or maintenance of the telecommunication equipment required for the Service, such as a telephone connection, and related hardware and software;
9.3.5. The choice, use and objectives pursued by the Client under the Service;
9.3.6. The delay between the time when the Service is requested and its actual delivery or connection, a late connection or the rejection of the request for the Service;
9.3.7. The costs, compensation or damages incurred because the Client failed to fulfil the obligations arising out of the Contract;
9.3.8. A breach of legal provisions by the Client;
9.3.9. All possible damage to information, computer files or data that may arise from using the Service, the network or equipment relating to the Service by the Client;
9.3.10. Internet access times, data transmission times, or data quality and possible restrictions to access the networks and servers connected to the Internet.
9.4. LINK2LINK shall not be held liable for any indirect damage, material or immaterial, in particular for surplus staff or technical unemployment, any provision, loss of data, income, profits, opportunities, clients and/or orders, loss of commercial prospects, increased costs or insufficient reduction in projected savings, irrespective of the foreseeable nature or otherwise of such damage.
9.5. The Client shall indemnify LINK2LINK for all costs, indemnities, damages, actions, expenses and proceedings claimed or instituted by third parties on account of the Client’s acts, faults or negligence.
9.6. However, if LINK2LINK should be held liable under the Contract, its liability shall be limited to the lower of the following two amounts: either all payments which were made under the Contract by the Client to LINK2LINK during the 6 months preceding the event which gave rise to LINK2LINK’s liability, or €500.
9.7. Complaints about or disputes relating to the Services provided by LINK2LINK must always be lodged with the latter by registered letter;
9.7.1. If Products are delivered within 15 calendar days after the delivery date;
9.7.2. If a Service is provided within 10 days as of the connection or the date on which the damage occurred. In the absence of dispute, the Services provided and Products supplied shall be deemed to have been accepted irrevocably and unconditionally.
10.1. Pursuant to the procedure described below, LINK2LINK reserves the right to suspend the provision of a Service or supply of a Product if a contractual obligation is breached by the Client.
10.1.1. LINK2LINK shall send a reminder to the Client calling on the latter to comply with its contractual obligations;
10.1.2. If this reminder goes unheeded, LINK2LINK shall serve a formal notice to the Client by e-mail or registered letter, calling on it to fulfil its obligations within 8 calendar days as of the date of the formal notice;
10.1.3. If the client fails to remedy the alleged breach within the afore-indicated period, without prejudice to any other right it may have under the Client, LINK2LINK shall be entitled to limit to a minimum or to suspend the Service. This limitation or suspension shall not relieve the Client from its contractual obligations, and the subscriptions shall continue to be charged during this period. LINK2LINK reserves the right to claim the costs for restoring the Service.
10.2. Without prejudice to its entitlement to damages, LINK2LINK shall have the right to suspend or cancel the contract, and to terminate the provision of the service definitively by operation of law, effective immediately, in the following cases:
10.2.1. If the Client is in a state of bankruptcy, insolvency or cessation of payments, credit disruption or in the event of liquidation or dissolution;
10.2.2. If all or part of the Client’s assets are seized at the request of a creditor or if other execution or conservation measures are taken against the Client’s assets;
10.2.3. In the event of proven (or strong presumptions of) fraud on the part of the Client or if the Client has provided false information;
10.2.4. In the event of proven (or strong presumptions of) fraud or hacking by a third party of the LINK2LINK equipment made available (e.g. telephone fraud);
10.2.5. In the event of abnormal increases in consumption costs, without satisfactory justification of the reasons of said increase, and no sufficient guarantees of payment provided by the Client;
10.2.6. By order of the administrative or judicial authorities;
10.3. All sums owed by the Client under the Contract shall become immediately due and payable on the date of termination.
11.1. Neither party shall be held liable for any damage suffered by the other party if failure by the latter to comply with its contractual obligations is due to a case of force majeure.
11.2. Cases of force majeure shall pertain to unforeseen circumstances of such a nature as to prevent, burden and/or make the performance of the Contract disproportionately to such an extent that strict compliance therewith cannot be reasonably required of the other party, and therefore the following cases in particular: strikes, siege of company, epidemics, breach of contract or shortages at LINK2LINK, natural disasters or legal or administrative restrictions.
12.1. The Client may not transfer its rights and obligations arising out of the Contract in whole or in part to third parties without the prior, written consent of LINK2LINK.
12.2. LINK2LINK shall have the right to transfer its rights and obligations arising from the Contract in whole or in part to third parties without the Client’s consent.
12.3. LINK2LINK reserves the right to entrust subcontractor(s) with the total or partial performance of the Contract without discharging its contractual obligations with regard to the client.
13.1. Personal data transmitted by the Client shall be entered in LINK2LINK’s files. LINK2LINK may under no circumstances be held liable for the collection of such data. LINK2LINK shall process the Client's personal data, on the basis of documented instructions, exclusively for the following purposes: provision and invoicing of telecommunications services, interconnection with other operators and its invoicing, management of disputes, management of the relationship with the Client, market research, creation of directories and information services or directories of URL addresses, the fight against fraud and infringements, service quality control, sending commercial information and conducting campaigns towards the Client on the products and Services of LINK2LINK and other companies to which the latter is bound by contract. The data shall be communicated to third parties only for the afore-specified purposes. The Client may object to the processing of personal data for direct marketing purposes by contacting LINK2LINK.
13.2. The Client’s data shall be kept for the retention periods laid down by the relevant regulations, and LINK2LINK shall take all reasonable measures to ensure the security thereof.
13.3. Pursuant to Regulation (EU) 2016/679, any data subject shall have the right to access, rectify, erase, and make their personal data portable. Any data subject may moreover also withdraw their consent and lodge a complaint with the appropriate authority.
13.4. LINK2LINK staff shall be duly trained in the GDPR procedure and no personal data may be copied or transmitted without the Client’s consent.
13.5. LINK2LINK undertakes to provide the Client with such information as necessary to prove compliance with the Regulation (EU) 2016/679 (GDPR). Any request for information may be sent to email@example.com.
13.6. At the end of the contract, or at the Client’s request, LINK2LINK undertakes to delete all personal data relating to the Client in its possession, unless such retention is required by law or authorized by the regulation.
14.1. The Contract, its interpretation and performance shall be governed by Belgian law.
14.2. In the event of disputes, only the Brussels courts shall be competent.