i. ‘Terms and Conditions’ or ‘T&C’s’: these terms and conditions applying to Your purchase of Our Software and Services;
ii. ‘Agreement’: Any agreement under which We undertake to provide the Software and Services to You subject to compliance with these Terms and Conditions;
iii. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person acting for purposes that fall outside his trade, business, craft or profession;
iv. ‘Professional Customer’: any natural or legal person who enters into an Agreement with Us and who is acting for purposes relating to his trade, business or profession;
v. ‘Purchaser’: every natural person or legal person (including but not limited to Consumers and Professional Customers) who purchases Software and Services on our Website. (hereinafter also referred to as “you” or “your”);
vi. ‘Software: all software (including the documentation) offered for downloading on Our Website;
vii. ‘Services: every subscription, - and cloud-based services offered on Our Website;
viii. ‘We/Us/Our’: the company as mentioned in article 2 of these T&C’s.
ix. ‘Party/Parties’: You and/or We;
x. ‘Website’: https://openport.io
iTech gcv VAT BE 0643.553.428
Contact:
Availability: 24/7
E-mail address: info@openport.io
3.1. These Terms and Conditions apply to all current and future downloads of Our Software and purchases of the Services. By using the Website, the Purchaser accepts these Terms and Conditions.
3.2. These T&C’s shall apply to the exclusion of any other terms and conditions, unless they have been expressly accepted by Us in writing. Your general or special terms and conditions are expressly excluded. These T&C’s do not affect the legal rights that are compulsorily granted to you by virtue of the Belgian legislation on consumer protection.
3.3. We reserve the right to amend and/or supplement these T&C’s from time to time. Any future changes will have no effect on existing Services.
4.1. We undertake all reasonable efforts to provide accurate information about the features of the Software and Services provided on Our Website.
4.2. We cannot be held liable for the temporary or permanent unavailability of the Services on Our Website and/or for any damage that may result from the non-availability of a particular Service.
4.3. Your acceptance of Our offer is made by placing the order on Our Website. This purchase is binding.
4.4. It is your responsibility to ensure that the (contact) information you provide to Us is correct. If it does contain any errors, We ask you to inform Us as soon as possible or, if possible, to correct the errors yourself. We reserve the right to refuse an order due to a serious shortcoming on your part.
4.5. In accordance with the Code of Economic Law, the parties explicitly acknowledge that electronic forms of communication constitute a valid agreement. We may use all electronic files at Our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digitally or electronically qualified signature is not an essential requirement of proof.
4.6. If you accept these Terms and Conditions, you accept to the terms defined herein but you also accept not to use this Website in violation of any applicable European or U.S. regulations.
5.1. The prices of Our Software and Services are listed on the Website and are pinned at the time of the order. All prices stated are in Dollar and are inclusive of VAT and any other taxes or duties to be borne by you. Any other costs charged will be stated separately.
5.2. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by iTech after the conclusion of the Agreement. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does entail the right to suspend payments.
5.3. We have the right to change the prices at any time, but We undertake to apply the prices indicated on the Website at the time of Your order. However, if the price change is due to changes in VAT rates, it will be charged to You.
6.1. Each payment is handled promptly and completely, i.e. when the Purchaser places the order. We accept the payment methods as indicated on Our Website, which are: Visa and Mastercard.
6.2. We may extend the payment options in the future. We will take all reasonable measures to ensure the security of Your online transactions. We guarantee this security by involving specialised parties such as authorised credit card issuers and payment partners.
6.3. We use the external payment platform of Stripe. The necessary security measures are provided for the processing of payments. These payments are subject to the terms and conditions of the respective payment partner which bears sole responsibility for the correct execution of online payments.
Considering the fact that We offer digital content, ready for download from Our Website, delivery is deemed to take place on the moment of downloading of the Software and subsequent successful payment of the subscription fee for the Services. Upon successful payment of the subscription fee for the Services, an automatic confirmation of the order will be sent to the e-mail address you have provided.
8.1. Consumers, as defined in article 1 of the Terms and Conditions, have right of withdrawal. A Consumer can cancel the purchase within fourteen (14) days from the day following the delivery of the Service. A Consumer is not obliged to pay a fee or provide a motive. Of course, We would like to hear feedback so that We can improve our service.
8.2. However, since We are offering digital content, not supplied on a tangible medium, we cannot offer you a right of withdrawal.
9.1. The Software is provided on an `as is’ and ‘as available’ basis, without any warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and/or use, title and non-infringement.
9.2. Although the Software is compounded with great care, We cannot guarantee the Software will operate with no interruptions, errors or defects or that all errors and defects will always be fixed. Your are solely responsible for all costs and expenses associated with the rectification, repair or damage caused by such errors.
10.1. To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, We shall only be liable for damage caused by Our failure to comply with Our obligations if and to the extent such damage is caused by Our wilful and serious fault. We are not liable for any other acts or omissions.
10.2. Nothing in these T&C’s intended to exclude or limit your statutory rights. Furthermore, nothing in these T&C’s is intended to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees); or for fraud or fraudulent misrepresentation.
10.3. Should We nevertheless be held liable for any proven direct damages, the amount of compensation shall be limited to the total amount paid by You for the Software and Services purchased.
The information provided by you is necessary for the processing, handling and completion of your orders, and the preparation of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered as a breach of the present Terms and Conditions. Your personal data will only be processed in accordance with Our privacy policy.
12.1. We guarantee to have the necessary rights to offer Our Software and Services. All intellectual property rights and derived rights to the Software and Services shall remain with Us and/or the party actually entitled. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know- how, methods and concepts, whether or not patentable.
12.2. The content of the Website is Our property. This includes texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written permission from Us.
13.1. We shall not be responsible for compliance with Our obligations under these T&C’s in the event of force majeure. Force Majeure shall mean: a situation in which the performance of Our obligations is wholly or partially, temporarily or otherwise, prevented by circumstances beyond Our control.
13.2. In the event of Force Majeure, these obligations shall be suspended, and We shall make all reasonable efforts to limit the consequences of the Force Majeure situation. In case the Force Majeure lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the reimbursement of the Software and Services paid by You and not provided.
14.1. If any provision of these T&C’s (or part thereof) is declared void, invalid or unenforceable, such invalidity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms of Sale. In the event of nullity, invalidity or unenforceability, the Parties will, to the extent possible, negotiate to replace the invalid, void or unenforceable provision (or part thereof) with an equivalent provision that is in the spirit of these T&C’s.
14.2. Our failure to demand the strict application of one of the provisions of these T&C’s cannot be considered as a tacit waiver of Our rights and does not prevent Us from demanding strict compliance with these provisions at a later date.
14.3. These T&C’s, including any references included herein, fully reflect the rights and obligations of the Parties and replace all previous agreements and proposals, both oral and written, including any conditions of the Parties.
14.4. The T&C’s apply at all times and exclusively to all present and future Agreements between You and us, except in the case of an express deviation. An explicit deviation is only valid to the extent that it is the result of mutual agreement between You and Us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these T&C’s shall remain in full force and effect.
15.1. To the extent permitted by law, all Agreements on which these T&C’s apply shall be governed by Belgian law. Any dispute concerning the interpretation or application of these Terms of Sale shall be subject to the exclusive jurisdiction of the courts in which Our registered office is situated, unless another court is mandatorily stipulated by law.
15.2. You may also bring a dispute about the implementation or interpretation of these T&C’s before an independent body. For further information, please visit: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
16.1. We guarantee a 99.5% uptime of the Services. This means that the Services will be available 99.5% of the time in a given month. The uptime is calculated by the following formula: (total minutes in a month - downtime) / total minutes in a month * 100%.
16.2. Downtime is defined as the time during which the Services are not available due to a failure of the Services. Downtime does not include any scheduled maintenance.
16.3. In case of a downtime of more than 0.5% in a given month, We will provide a refund of 10% of the monthly subscription fee for each 0.5% of downtime.
16.4. Exclusions: The following events shall not be considered as downtime under this SLA: