Terms and conditions
Article 1: General
Lemon Live, subdivision of Lemon Digital BV is only bound by execution after explicit and written acceptance of an order/assignment from the customer. These terms and conditions (the "General Conditions") apply to both the delivery of services and the sale of goods by Lemon Live. The General Conditions are considered accepted by the customer by completing the order form or placing an order. The General Conditions and each specific agreement constitute the complete and only agreement between the parties and supersede all previous oral or written agreements, proposals, promises, understandings or communications regarding the subject matter of the specific agreement. Differing terms and conditions of the customer are not applicable and not opposable to Lemon Live.
Article 2: Duration and termination
Unless otherwise agreed, the agreement is entered into for an indefinite period. Each party can terminate the agreement unilaterally and without justification by means of a written notice by registered mail at the earliest two months and at the latest one month before the expiration of one year each, counting from the starting date of the agreement. The one-month notice period begins on the date of the written notification. The unilateral termination by the customer does not give rise to any refund or reimbursement in any way of payments already made.
Lemon Live reserves the right to immediately terminate a contract with the buyer.
A) in case of late payment by the buyer.
B) as soon as the buyer's company is subject to bankruptcy, concordat, liquidation or any other similar procedure or in case of apparent insolvency of the buyer.
C) when the buyer fails to fulfill any of its obligations to Lemon Live more than 30 days after notification thereof by registered letter. Such termination will take effect automatically and without notice of default from notification by Lemon Live to the buyer, without prejudice to any claims of Lemon Live.
The buyer cannot terminate any contract once entered into without the explicit written consent of Lemon Live. If Lemon Live gives its consent to such cancellation, this will be on the express condition that the buyer will compensate Lemon Live for the damages it will suffer as a result of this cancellation with a minimum of 15 percent of the agreed purchase price and with the agreed purchase price as a maximum.
Article 3: Prices
Prices communicated by Lemon Live in connection with offers are always without engagement, unless explicitly indicated as final. The final prices in offers are only valid for 15 days. All prices are excluding VAT. Rates communicated by Lemon Live for the provision of services are determined in function of performance during normal working hours so that supplements are possible. Normal working hours are from 9 am to 5 pm per business day. Working days are weekdays, excluding holidays.
Article 4: Delivery, payment and protest periods
Unless otherwise agreed, the agreement is entered into for an indefinite period. Each party can terminate the agreement unilaterally and without justification by means of a written notice by registered mail at the earliest two months and at the latest one month before the expiration of one year each, counting from the starting date of the agreement. The one-month notice period begins on the date of the written notification. The unilateral termination by the customer does not give rise to any refund or reimbursement in any way of payments already made.
Lemon Live reserves the right to immediately terminate a contract with the buyer.
A) in case of late payment by the buyer.
B) as soon as the buyer's company is subject to bankruptcy, concordat, liquidation or any other similar procedure or in case of apparent insolvency of the buyer and
C) when the buyer fails to fulfill any of its obligations to Lemon Live more than 30 days after notification thereof by registered letter. Such termination will take effect automatically and without notice from notification by Lemon Live to the buyer, without prejudice to any claims of Lemon Live.
The buyer cannot terminate an agreement once entered into without the explicit written consent of Lemon Live. If Lemon Live gives its consent to such cancellation, this will be on the express condition that the buyer will compensate Lemon Live for the damages it will suffer as a result of this cancellation with a minimum of 15 percent of the agreed purchase price and with the agreed purchase price as a maximum.
Article 5: Delivery of software
The customer acknowledges by placing an order in advance by Lemon Live to be sufficiently informed about the possibilities of the delivered software. The terms of use of standard software not developed by Lemon Live but licensed to the customer under the agreement will be observed by the customer. The customer acknowledges to use the software only for his own internal business processes. No use is permitted by third parties for the customer's business processes. Any breach of these terms can in no way result in any liability of Lemon Live. No agreement with Lemon Live entails a transfer of any intellectual property rights with respect to any software, unless explicitly agreed otherwise. Lemon Live or its licensor, as the case may be, remain the full and exclusive owners of the software.
Artikel 6: Registratie van domeinnamen
The registration of domain names is done according to the regulations of the relevant responsible party for the registration of domain names (such as VZW DNS Belgium). The customer has taken note of and accepts these general conditions for domain name registration, available on the website of Lemon Live under the URL www.lemonlive.be, and declares that Lemon Live has informed him about these general conditions.
Lemon Live is in no way liable for the registration of domain names in bad faith by third parties, the registration of domain names at the request of the customer which would infringe on the rights of third parties, etc... ...
The customer will indemnify Lemon Live for any claims of third parties.
Article 7: Unauthorized use
The customer may in no way use the offered services or facilities, including the offered storage areas, to commit infringements, cause damage or nuisance to Lemon Live or third parties. The activities of the customer may also not give cause to do so. The customer ensures at all times that no criminal and/or infringing data, files, software, meta-tags, hyperlinks, deeplinks or similar references or information are present on equipment made available by Lemon Live. At the first request of Lemon Live, the customer will indemnify Lemon Live for this (including for attorney's fees) and will intervene at his own expense in any proceedings instituted against Lemon Live related to this. The use of Warez, MP3 sites and/or other sites containing illegal software are prohibited. Spamming is strictly prohibited on all equipment and systems provided by Lemon Live and will result in immediate disconnection. The customer assures to immediately comply with any request from Lemon Live as well as any reasonable request from a third party to remove and/or modify own content. The customer waives his right to claim any damages from Lemon Live. For example, Lemon Live does not allow pornographic material on its servers, nor illegal MP3 sites or sites offering things that are contrary to public order or morality, or which constitute an unlawful practice, nor may activities be performed on servers of Lemon Live which infringe on protected works or which are punishable under the Computer Crime Act.
Article 8: Activity of web hosting
The customer expressly agrees to the special provisions regarding hosting and which the customer has been able to learn about through the website with url www.lemonlive.be as well as on the order form regarding web hosting.
Article 9: Liability
In no event will Lemon Live be liable for indirect damages such as commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover, loss of customers and losses resulting from legal action taken by third parties against the customer. Lemon Live can thus in no way be held liable for any failure of the Internet connection due to technical or other failures both inside and outside the Lemon Live network. The customer is solely responsible for the proper use of the product, service or software taking into account the specifications, documentation and instructions of Lemon Live. Lemon Live will be liable to the customer only for actual and proven damages arising from the obligations contained in the agreements made with Lemon Live, thus excluding any other implicit or non-written obligations. The liability of Lemon Live under or in connection with any agreement entered into with the Lemon Live shall, per claim or series of claims, arising out of the same fact or cause, in any event not exceed the total of the amounts invoiced to and paid by the customer for the purchase price or recurring charges (i.e. excluding installation charges) of the services over a period of three (3) months preceding the occurrence and relating to the specific project with which the claim is related.
Article 10: Processing of personal data
In order to fulfill its agreements, Lemon Live, as data controller, collects personal data from the customer. These personal data can also be used by Lemon Live for direct marketing. This allows Lemon Live to inform the customer on a regular basis about its activities. If the customer does not want his data to be used for this purpose, he can let us know at the following address: [email protected]. The customer can consult, correct or change his personal data by sending a dated, signed letter to [email protected]. Under no circumstances will these personal data be transferred to third parties. Lemon Live reserves the right to modify this privacy regulation at all times, in accordance with the law of December 8, 1992 on the protection of privacy.
Article 11: Miscellaneous
The rights and obligations arising from the agreements concluded with Lemon Live for the customer shall not be transferable to third parties, neither in part nor in their entirety, without the prior and written consent of Lemon Live. If any provision of an agreement made with Lemon Live or its application would become or be unenforceable for any party or circumstance, at any level, that will not affect the rest of the agreement.
Changes of contact information such as addresses, telephone numbers and e-mail addresses of the Customer must be timely communicated by the Customer to Lemon Live.
Article 12: Applicable law and exclusive jurisdiction
Belgian law is applicable to all agreements concluded with Lemon Live. Any dispute related to the agreements concluded with Lemon Live will be dealt with exclusively by the courts of Brussels.
Article 13: Intellectual property rights
All rights of intellectual property regarding the products and/or services as well as the designs, software, documentation and all other materials developed and/or used in preparation or execution of the agreement between Lemon Live and the customer, or resulting from it, are solely vested in Lemon Live or its suppliers. The delivery of products and/or services does not include any transfer of intellectual property rights.
The customer only receives a non-exclusive and non-transferable right to use the products and results of the services for the agreed purposes. In such use, the customer shall strictly adhere to the conditions, laid down in the general terms and conditions or otherwise imposed on the customer.
The customer will not, without prior written consent of Lemon Live, in any way disclose, duplicate or make available to a third party the products and results of the services in whole or in part.
The customer will not remove or change any indications of Lemon Live or its suppliers concerning copyrights, brands, trade names or other rights of intellectual property.
Lemon Live warrants that it is entitled to grant the mentioned right of use to the customer and indemnifies the customer against any claims of third parties in this respect. This provision is not applicable if and insofar as the products and/or results of the services are modified and/or if they are delivered in connection with goods of third parties, unless in the latter case the customer proves that the claims of third parties are exclusively related to the products and/or results of the services delivered by Lemon Live.
Article 14: Legal Matters
Disputes concerning this agreement will be finally settled through arbitration in accordance with the operating rules of the VZW NATIONAAL INSTITUUT VOOR ARBITRAGE EN MEDIATIE-PRIVE ORGANIZATION-with headquarters at Izegem, Dam 24. This clause replaces all contradictory clauses.
Only Lemon Live may waive proceedings through arbitration. If so, the following paragraph becomes applicable:
Belgian law applies to these general conditions and to all agreements between Lemon Live and the purchaser. All disputes belong without exception to the jurisdiction of the courts of Antwerp. The nullity of any provision of these general conditions will not affect the validity of the remaining provisions.
Article 15: Malware / Hacks
De klant engageert zich ertoe de website regelmatig te updaten als er nieuwe versies van het gebruikte CMS systeem (Joomla, Drupal, WordPress, Magento) beschikbaar zijn. In het geval van een gehackte website is de klant zelf verantwoordelijk voor het herstellen van deze website. Dit moet steeds binnen maximaal 5 dagen na de ontdekking gebeuren. Lemon Live / Lemon Digital BV is niet verantwoordelijk voor de verspreiding van malware door websites van klanten. Lemon Live / Lemon Digital BV heeft steeds het recht de diensten van geïnfecteerde websites tijdelijk te onderbreken om hinder voor andere klanten te voorkomen. Het herstel van de website is gratis als het probleem opgelost kan worden door een backup terug te zetten van maximaal 6 dagen oud. Wanneer de hack later als 6 dagen wordt vastgesteld kan de klant beroep doen op de diensten van Lemon Live / Lemon Digital BV tegen het standaard uur tarief van 100€/uur excl. BTW.
