Terms and Conditions
These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Galia bvba with registered office at Albrecht Dürerlaan 35, 9030 Mariakerke Ghent and registered in the CBE Enterprise Number VAT. - BE0644.399.011 (hereinafter: “Galia”).
1.1. The client: the natural or legal person with whom the agreement to supply products and services of Galia is concluded.
1.2. Products and services of Galia: The products and services to be exploited by Galia whereby information to be made available by the client can be consulted electronically and with which electronic messages can be exchanged between users; this includes the production, installation and rental of websites, the rental and registration of a domain, the promotion of a website and all other additional and supporting products and services.
1.3. Agreement: any mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products or services from Galia.
2.1. Insofar as this has not been deviated from in writing by mutual agreement between the parties, the articles below apply to any offer, order or agreement from or with Galia.
2.2. General terms and conditions of the client or third parties are not binding for Galia and do not apply.
3. Offer and acceptance
3.1. All offers and quotations made by or on behalf of Galia are without obligation, unless stated otherwise by Galia in writing or by e-mail.
3.2. An offer or quotation made by Galia is valid for 8 days, unless stated otherwise.
4. Commencement of the agreement
4.1. An agreement is concluded on the day that the following conditions are met: the quotation or contract form has been completed in accordance with these conditions (on the web) or signed in writing, received and accepted by Galia; When renting a domain, the entrance fee, the first monthly fee and the other agreed fees must also be credited to Galia's financial account.
4.2. The parties are free to prove the conclusion of the agreement by other means.
Company number VAT. - BE0644.399.011 (hereinafter: “Galia”).
5. Duration and Termination
5.1. The agreement is entered into for a term of 12 months, unless otherwise agreed, and is then tacitly extended by 12 months each time.
5.2. The agreement can only be canceled in writing, subject to a notice period of two months.
5.3. Galia can terminate the agreement with immediate effect and / or cancel the domain name if the client does not fulfill one or more of its obligations towards Galia properly or completely or acts contrary to them.
5.4. Galia has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a moratorium on payments or has otherwise lost its free management or its assets. The latter party is then not entitled to any compensation.
5.5. Without prejudice to the provisions of article 14, Galia has the right to terminate the agreement with immediate effect and without judicial intervention if: the client makes improper use of the Internet; the client disseminates information that is in violation of national and international laws and regulations; the client overloads the web server; client overloads the network; the client disseminates information that is contrary to generally accepted standards and values; the client disseminates information that is discriminatory with regard to appearance, race, religion, gender, culture, origin or otherwise can be called offensive, it is also not allowed to place so-called adult pages, mp3 pages or related thereto that are in violation of the law in the country where the servers are located.
6. Delivery and delivery time
6.1. Placement of a website takes place as soon as possible after written order and delivery of data and promotional material, or at a later date to be agreed.
6.2. If the agreed delivery time is likely to be exceeded, this will be notified as soon as possible. In case of force majeure on the part of Galia, the term will be extended by the term of that force majeure.
6.3. When applying for and registering a domain, a turnaround time of a few days must be taken into account.
7. Force majeure
7.1. Force majeure is any circumstance beyond Galia's will and control that hinders the fulfillment of its obligations in whole or in part. Below we understand, among other things, but not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business disruptions, energy disruptions, disruptions in a (telecommunication) network or connection or communication systems used and / or being unavailable at any time. of the Website, non-delivery or late delivery by suppliers or other engaged third parties, ...
7.2. In case of force majeure, Galia is not obliged to fulfill its obligations. In that case, it can either suspend its obligations for the duration of the force majeure or terminate the agreement definitively.
8. Data / email traffic
The data / email traffic is limited to the amount of data traffic associated with the package. Above the amount of data traffic, EUR 6 ex VAT is charged per 1000 MB. In some cases Galia may ask for an advance. We apply a “fair use policy” for all accounts.
9.1. All prices, as well as agreed prices, are exclusive of VAT, unless stated otherwise.
9.2. Galia has the right to change the rates. These changes will be announced on this site no later than two months before they take effect. The client is entitled to terminate the agreement on the effective date of the change.
10. Payment Terms
10.1. The client's payment obligation commences on the day the agreement is concluded. The payment relates to the period starting on the day of the actual availability of Galia's products and services.
10.2. The fee payable in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. The client also owes the fees arising from these conditions.
10.3. Depending on the term for which the agreement has been entered into, the costs due will be charged in advance and must be paid annually in advance by invoice, otherwise Galia reserves the right to (temporarily) stop the presentation. The compensation for other costs is collected annually in advance.
10.4. Galia sends the client an invoice per payment term for the costs associated with the agreement.
10.5. Payment must be made within 30 days after the invoice date, without right to discount, set-off or suspension, in the absence of which the client will be in default by operation of law and therefore without further notice of default and interest is due to Galia of eight and a half percent (8, 5%) per month, where part of a month counts as a whole month.
10.6. The judicial and extrajudicial costs of collection of all amounts owed to Galia are at the expense of the client. The extrajudicial costs are fixed at fifteen percent (15%) of the amount owed by the client, with a minimum of € 75.00.
10.7. If the client is of the opinion that the charged costs are incorrect, the client can make the objections known to Galia within two weeks after the date on the account. Upon receipt of the objection, Galia will investigate the correctness of the invoice amount.
10.8. The client is in default from the time when the payment due cannot be collected through the actions of the client or Galia has not been paid. Galia has the right to cancel the domain name.
10.9. If amounts due cannot be collected or received due to the actions of the client, Galia will charge default interest of one and a half percent (1.5%) per month, whereby part of a month counts as a whole month.
11. Intellectual Property Rights
11.1. The client must respect the intellectual property rights with regard to protected software and / or other works (including so-called “shareware”) and indemnifies Galia against any claim.
11.2. Galia retains all intellectual property rights with regard to all ideas, materials, concepts,… it produces, including the programming code, to the extent that these can be regarded as a creation process within the meaning of intellectual property legislation. Any transfer of any materials, concepts,… that are protected by intellectual property rights can only be done expressly and in writing.
12.1. In its activities, Galia is dependent on the cooperation, services and supplies of third parties, over which Galia has little or no influence. Galia can therefore in no way be held liable for any damage whatsoever arising from the relationship with Galia or the breaking thereof, regardless of whether the damage arises or becomes visible during the relationship with Galia.
12.2. In the event of an attributable shortcoming in the performance of the agreement, Galia is only liable for alternative compensation, ie compensation for the value of the non-performance. Any liability of Galia for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost turnover or profit.
12.3. The client indemnifies Galia against all claims for compensation that third parties may make with regard to damage that has been caused in any way by the unlawful or careless use of Galia's products and services supplied to the client.
12.4. In view of the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, it must be taken into account that the information obtained or transmitted via the Internet is freely accessible. Galia cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. Galia is not liable for the security or misuse by third parties of the data that is stored.
12.5. Galia is not responsible or liable for the content of promotional material supplied by the client. Galia cannot be held liable for the actions, omissions or shortcomings of the client. The client is fully responsible for the correctness of the content of advertising texts.
12.6. Galia cannot be held liable for data loss, the client must guarantee his own uploaded data himself.
12.7. The client is liable for all damage that Galia may suffer as a result of a shortcoming attributable to the client in the fulfillment of the obligations arising from the agreement and these terms and conditions.
12.8. Changes in the details of the client must be immediately communicated to Galia in writing by the client. If the client does not do this, the client is liable for any damage that Galia suffers as a result.
13. Transfer of Rights and Obligations
The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
14.1. Galia has the right to (temporarily) put products and services out of use and / or to limit their use if the client fails to fulfill an obligation towards Galia in respect of the agreement or acts in violation of these general terms and conditions. The obligation to pay the amounts due also continues to exist during the decommissioning.
14.2. The commissioning will be resumed if the client has fulfilled its obligations within a period set by Galia and has paid a fixed amount for re-commissioning, amounting to 100 euros excluding VAT.
Company number VAT. - BE0644.399.011 (hereinafter: “Galia”).
15. Changes to the terms and conditions
15.1. Galia reserves the right to change or supplement these conditions.
15.2. Changes also apply to agreements already concluded, with due observance of a period of 2 months after publication of the change on our site: https://www.galia.be/ general terms and conditions.
15.3. If the client does not want to accept a change in these terms and conditions, he can dissolve the agreement until the date on which the new terms and conditions come into effect by this date.
16. Dispute settlement and applicable law
16.1. If one or more articles of these terms and conditions are declared invalid by court decision, the other provisions of these general terms and conditions will remain in full force and Galia and the client will enter into consultation in order to agree on new provisions to replace the invalid or voided provisions. , whereby the purpose and purport of the invalid or voided provisions are taken into account as much as possible.
16.2. Only Belgian law applies to the agreement.
Last modified and revised on August 15, 2019.