General Conditions

It is our aim to make our general conditions as easy to understand as any information on our website. Please read these conditions as they will apply to all products or services you purchase from us. If you have any question or remark regarding these conditions, please do not hesitate to contact us, and we'll be happy to assist you.

1. Definitions

In this document,

  • "we", "us", "fleXin.", "SPEEDPACKET"
    refer to SPEEDPACKET & C°, publisher of these conditions, and supplier to the customer.
  • "you", "your", "customer", "user"
    refer to the customer of SPEEDPACKET & C°, or the end user using any of the products and/or services provided by SPEEDPACKET & C° VOF.
  • "TLD"
    also known as "Top Level Domain" or "Domain Name Extension" refers to the extension of a domain name. (e.g. .be is the TLD for the domain name (www.)flexin.be).
  • "Registry"
    refers to the legal entity responsible for the managament of domain names for a specific TLD. (e.g. EURid is the registry for .eu domain names; Verisign is the registry for .com domain names, etc.)
  • "Registrar"
    refers to the agent of a registry facilitating the registration and management of domain names. fleXin. is an accredited registrar for many registries.
  • "Registrant", "licensee"
    refer to the (end) customer registering a domain name through a registrar. The registrant or licensee legally owns all rights and obligations to a domain name.
  • "Domain name registration"
    refers to any transaction which includes the registration of information with the registry concerning a domain name. This includes the actual registration of a new domain name, but also the transfer of an existing domain name to our account with the registry, or the trade of a domain name between registrants.

2. General
  • The conditions outlined in this document apply to all products and services delivered or provided by us.
  • We are only committed to the customer's order after we explicitely accept your order. In the rare case that we are (temporarily or permanently) unable to accept your order, for whatever reason, we will notify you.
  • The customer accepts these conditions by using our website(s) to register for an account or by submitting an order to us, through (one of) our website(s), or any other means possible (including, but not limited to email, letter, fax, telephone).
  • These general conditions, and any specific agreement made between us and the customer, constutite the full and only agreement between both parties, and replace any previously made agreement, proposal, promise or announcement. Deviating customer (purchasing or other) conditions are not applicable.
3. Our website and account information
  • Next to providing you information regarding our products and services, our website acts as a single point of contact between both parties.
  • Customer agrees that it his responsibility to keep his contact details up to date. Any change in email address, postal address, name, legal entity, phone and fax number, etc. needs to be updated as soon as it is applicable, either through our website, or by contacting us so we can update it for you.
  • Customer agrees that all communication from us can be sent through email to the email addresses as they are registered through us. This includes, but is not limited to commercial information, order confirmations, invoices, late payment reminders, technical updates regarding any product or service, etc.
  • Our website enables you to add multiple users to your account. Upon doing so, you agree that all actions performed by the newly added user on behalf of the customer account, are to be considered as performed by the customer. This includes, but is not limited to, placing new orders, submitting requests through the ticketing system, update data and details regarding ongoing subscriptions, etc. Should a user no longer have access to your account, it is your obligation to terminate his access to our website, or submit a support ticket for assistance from us.
  • Our website also enables you to contact us through an online ticketing system. To ensure the safety of your data as well as your privacy, we can only provide support regarding account sensitive data when a ticket has been submitted by an authenticated user that has access to the customer account the ticket has been submitted for. In the event a customer would like to have a third party communicate with us for technical inquiries, the third party needs to be added as a registered contact for the account.
4. Term and termination

  • Unless otherwise agreed upon between us and the customer, all services purchased will be for a period of one (1) year.
  • Thereafter, they will automatically be renewed for a subsequent period of one (1) year, unless one of the parties terminates the contract at least one (1) month prior to the scheduled renewal date of the subscription.
  • We reserve the right to stop providing certain services for any reason prior to the scheduled expiration date. In that case, we will notify you at least two (2) months before the early termination of the service, allowing you to find another solution. You will also be refunded for the remaining period of your active subscription (pro-rata)

Parties agree that the following forms of notifications will be accepted:

  • we will send an email to the registered email address on file to announce its planned termination of an active subscription (in accordance with article 3 of these terms)
  • the customer submits a support ticket through our website or cancels the subscription himself through the online control panel provided by us. (we do not require you to send a registered letter to terminate any of your active subscriptions)

5. Prices and quotes
  • Unless stated otherwise, all prices on our website or other documents are excluding VAT and other applicable taxes
  • Before submission of your order through our website, taxes will be calculated based on the applicable rules, enabling the customer to validate the order total before submitting and hence accepting the total price.
  • Even though we take great care of publishing correct prices, we can not be liable for mistakes. In the event of such mistake, the customer will be entitled to cancel his or her order without further costs.
  • All quotes given to a customer are valid for thirty (30) days unless otherwise stated.
  • We have the right to revoke any quote sent to you within seven (7) days upon delivery.
6. Delivery
  • Unless otherwise stated, all mentionned delivery terms are expressed in working days.
  • A working day start at 8.00 hrs CET and ends at 20.00 hrs CET
  • All delivery terms are indicative and are in no way binding. We will do our best effort to respect all delivery terms as estimated. Due to the nature of our products and services, these can never be guaranteed
  • Even though we will try to avoid any delay possible, any such delay can not be used to suspend or delay payment.
7. Invoicing and payments
  • Parties agree that all invoices will be sent electronically by email to the email address on file with us.
  • For reference purposes, a copy of the invoice will remain available on our website. This is to be considered an added value service to the customer and is not guaranteed.
  • We only invoice in the EURO (&eur;) currency. Enabling us to offer better pricing, some prices may be advertised in other currencies, in which case they will be converted into EUR at the time of invoicing, using the official currency exchange rates as published by the European Central Bank. Parties agree that the converted price at the time of invoicing is definitive, and can not be changed.
  • All invoices are payable within 14 days, preferrably by online credit or debit card payment, or by wire transfer to our Belgian bank account. Banking costs in the case of a wire transfer will be for the account of the customer.
  • If an invoice remains unpaid on its duedate, by right and without formal notice, a contractual late payment menalty fee of 1% per month is due, as well as an administrative cost of 10% of the invoice amount with a minimum of 65 EUR.
  • We reserve the right to suspend or cancel services that remain unpaid on their renewal date. Some services may require a reactivation fee to be reinstated. In any case, the suspension or cancellation of any service can not be used as a reason to suspend or delay payment.
  • We reserve the right to use any prepaid credit left in the account, and apply the amount to an overdue invoice.
8. Domain name registrations
  • A domain name registration is always executed according to the rules and regulations of the registry for the specific TLD.
  • By registering a domain name with us, the customer confirms that he has received a copy of these specific rules and regulations, and agrees to them.
  • In case the customer is reselling domain names to his own customers, customer agrees to inform the customer of the customer regarding his rights and obligations as a registrant. Customer also agrees that in such case, he submits the domain name registration with the correct registrant information.
  • Under no circumstances can fleXin. be held liable for the registration of domain names in bad faith, the registration of domain names violating any of our terms or the terms of the registry, or any other rights of third parties.
  • The customer registering a domain name with us, or using any other service which involves a domain name, will always hold fleXin. harmless, and accepts full liability for his domain names.
9. Website Hosting
  • Unless otherwise stated, all hosting products (including but not limited to shared hosting, cloud hosting, dedicated servers, email hosting, etc.), come with a Best Effort SLA, meaning that we will do our absolute best to ensure a stable and secure environment for our customers and their websites.
  • Even though we keep backups of all customer data, it is the customer's responsibility to organise a backup of all his data. We reserve the right to charge a fee for restoring data from our backups when the customer requests so when the loss of data was not caused by us. (e.g. when the customer mistakenly deleted data or a database).
  • We reserve the right to do random checks on customer data, and to refuse any content published on our servers at our sole discretion. When such content has been detected, we will request the customer to remove the content. If he fails to do so, we reserve the right to suspend or terminate service.
10. Software
  • TODO
11. Liability
  • Under no circumstances, we will be liable for any direct or indirect damage, such as, but not limited to, commercial or financial losses, loss of data, loss of reputation, profit or turnover loss, loss of customers and losses resulting from legal proceedings instituted by third parties against the customer.
  • We can never be held responsible for possible internet connection failures caused by technical or other issues (both internal as external).
  • The customer accepts sole responsibility for the proper use of the product or service, taking into account the fleXin. specifications, documentation and instructions.
  • We will only be liable for proven damages, resulting from commitments
12. Disputes and applicable law
  • All legal relationships between us and the customer to which these general conditions apply, shall be governed by the laws of Belgium only.
  • Unless otherwise agreed upon, the court in the place of business of fleXin. has the exclusive competent jurisdiction.