Legal & conditions

Terms & conditions

 

Unofficial translation

 

Your contract is always subjected to the latest Terms & Conditions as they are published on this website.

 

The INTERNET access service which B.LITE provides to the CUSTOMER is based on WIRELESS technology. It combines the rapidity, security and reliability of a professional service at a highly competitive price. The technical specifications of this service are described in the user manual or in the documents provided to users of the service by B.LITE. The general conditions (hereafter the “GENERAL CONDITIONS”) have the object of specifying or completing the rights and obligations of B.LITE and of the CUSTOMER arising from the CONTRACT.

1. Definitions:

In these GENERAL CONDITIONS, the following terms shall have the following meanings:

-               ACCESSORIES: Any element purchased by the CUSTOMER from B.LITE, notably including the Ethernet card (Communication interface between the computer and the NETWORK, using the Ethernet standard for the exchange of information between the CUSTOMER’s computer and the modem), the cabling between the EQUIPMENT and the CUSTOMER’s computer;

-               ACTIVATION: The initial activation operation for the SERVICE;

-               B.LITE: the company SPRL B.LITE TELECOM, with registered office at Fortstraat 27E, 8400 Oostende, box 41 – www.blite.be (BCE No. BE 0864 754 901);

-               CUSTOMER: Any natural or legal person or de facto associations which subscribe to a SERVICE offered by B.LITE (rental or sale);

-               PARTICULAR CONDITIONS: the particular conditions specific to the SERVICE(S) subscribed by the CUSTOMER from B.LITE;

-               CONSUMER: Any natural or legal person who uses one of B.LITE’s SERVICES for purposes excluding any professional character, whether total or partial;

-              CONTRACT: All of the rights and obligations of the CUSTOMER and of B.LITE listed in the CONTRACTUAL DOCUMENTS, as well as in mandatory and public policy laws and regulations;

-               DISTRIBUTOR: Any natural or legal person operating one or several B.LITE sales points, responsible for marketing one of the SERVICES;

-               CONTRACTUAL DOCUMENT: All of the documents deriving from B.LITE and specifying the rights and obligations of B.LITE and of the CUSTOMER regarding the use of a SERVICE and notably the following documents, in order of priority: the PARTICULAR CONDITIONS, the GENERAL CONDITIONS, the order form signed by the CUSTOMER, the offers by B.LITE, the rapid installation guide and the current price list;

-               EQUIPMENT: The equipment provided by B.LITE to the CUSTOMER, pursuant to the PARTICULAR CONDITIONS of the SERVICE offered (e.g.: a modem, specific cabling, etc.), necessary for the activation of the SERVICE and which remains the property of B.LITE;

-               IBPT: The Institut Belge de Services Postaux et des Télécommunications [Belgian Institute of Postal and Telecommunications Services], with registered office in 1030 BRUSSELS, Ellipse Building, building C, boulevard du Roi Albert II 35;

-               INTERNET: The international data exchange NETWORK, accessible to any computer user with the necessary material;

-               SOFTWARE: all of the elements included in the EQUIPMENT which are protected by an intellectual property right (including, without being restricted to Belgian and international law on copyrights and patents), as well as all documentation submitted to the CUSTOMER;

-               POSTPAID: The CONTRACT offered by B.LITE, relating to the provision of INTERNET communications services through the payment by the CUSTOMER of a monthly subscription fee;

-               PREPAID: The CONTRACT offered by B.LITE, relating to the provision of SERVICES, through the advance payment by the CUSTOMER, with a single invoice, of a maximum fixed rate sum for which the SERVICES are provided by B.LITE;

-               PRICE: Any price(s) due the SERVICE offered by B.LITE, as described in B.LITE’s offers;

-               PROFESSIONAL: Any natural or legal person, who uses one of B.LITE’s SERVICES for professional or mixed purposes;

-               NETWORK: The electronic communications NETWORK used for the provision of the SERVICE to the CUSTOMER;

-               SERVICE: The services provided by B.LITE and subscribed by the CUSTOMER, relating, among other things, to the connection of the CUSTOMER’s computer to the NETWORK and the linking of this same computer to the INTERNET;

-               DEPRECIATION TABLE: The table indicating, on a monthly basis, the residual value of an item of EQUIPMENT, for the duration of a POSTPAID contract;

-               WIRELESS: The wireless technology used to provide the service to the CUSTOMER.

 

  1. 2. Acceptance and application of the GENERAL CONDITIONS

 

2.1.         By the mere action of replying to an offer by B.LITE or of signing any of the CONTRACTUAL DOCUMENTS or of activating a SERVICE, the CUSTOMER agrees to submit to these GENERAL CONDITIONS. The CUSTOMER acknowledges and accepts that with the exception of the amendments subsequently made to them, the GENERAL CONDITIONS shall cover all use of its SERVICES provided by B.LITE.

2.2.         B.LITE’s GENERAL CONDITIONS apply to all contractual relations between the CUSTOMER and B.LITE. These have the object of specifying the procedures and conditions to which these contractual relations are subjected, as well as the rights and obligations of B.LITE and of the CUSTOMER. The GENERAL CONDITIONS shall exclude the application of the CUSTOMER’S general or particular conditions and shall take precedence over any previous agreement concluded between the CUSTOMER and B.LITE and/or any previous agreement between the CUSTOMER and one of the companies which B.LITE has acquired.

 

  1. 3. Signatures and electronic contracts

 

3.1.          The CUSTOMER acknowledges and accepts that by clicking on the button “I ACCEPT” or on similar buttons or links, as designed by B.LITE on the pages of its website www.blite.be, in order to signal his approval of any CONTRACTUAL DOCUMENT, he has familiarised himself with the CONTRACTUAL DOCUMENTS relating to the SERVICE(S) and accepts a CONTRACT, with this including the GENERAL and PARTICULAR CONDITIONS, granting him rights and the obligations with regard to B.LITE.

3.2.          Unless the CONTRACTUAL DOCUMENTS or the mandatory or public policy laws and regulations do not prescribe another form of signature, the CUSTOMER accepts the use of electronic communications or faxes for concluding a CONTRACT or drawing up orders, as well as for the transmission of notifications, directives, registrations of transactions initialised or carried out by B.LITE. Furthermore, pursuant to current legislation, the CUSTOMER hereby waives the rights or obligations which he could enjoy by virtue of other laws or regulations requiring an original handwritten (non-electronic) signature, or the transmission or preservation of non-electronic registrations. Lastly, if B.LITE has the least doubt regarding the authenticity of the CUSTOMER’s signature, as defined in this article, it may ask the CUSTOMER to submit a signed original copy at his own expense, and shall be entitled not to follow up demands for SERVICES until such time as it has received this signed original copy.

 

  1. 4. Object of the SERVICES

 

4.1.         B.LITE undertakes to provide the SERVICE specified in the PARTICULAR CONDITIONS to the CUSTOMER, which accepts the same. The SERVICE shall be provided in observance of the terms and conditions of the CONTRACT. The CUSTOMER may have access to the PREPAID and POSTPAID SERVICES, to an item of EQUIPMENT free of charge, as well as to the rental or sale of ACCESSORIES.

The SERVICE shall consist, above all, of one or several electronic communications services intended to provide the CUSTOMER with INTERNET use. Consequently, only the legal and regulatory provisions specifically applicable to this type of electronic communications service may complete or take priority over the stipulations of these GENERAL CONDITIONS. Any application by analogy of the legal and regulatory provisions which are not intended to apply specifically to the SERVICES, notably the provisions applicable to telephony or download services, shall be considered as not being applicable to the CONTRACT.

4.2.         B.LITE shall also provide the EQUIPMENT, under the conditions stipulated by the CONTRACT and at the demand of the CUSTOMER, which shall remain the property of B.LITE at all times. The ACCESSORIES shall be purchased or rented by the CUSTOMER. Pursuant to the option chosen by the CUSTOMER and the possibilities provided by B.LITE, B.LITE may also install the EQUIPMENT or the ACCESSORIES, at a supplementary charge determined in accordance with the current price list. B.LITE shall provide the CUSTOMER, at the time of subscription of the SERVICE, with the instructions and the information necessary for the proper use of the EQUIPMENT and of the ACCESSORIES.

4.3.         INTERNET PREPAID.

4.3.1.      The PREPAID SERVICE shall provide the CUSTOMER with access to the INTERNET at the maximum fixed amount subscribed by the CUSTOMER, for the agreed duration of use, pursuant to the normal rules of use of the INTERNET, whether or not these are contained in a “fair use policy”. The PREPAID SERVICE is intended for the CONSUMER, and by definition, only forms the object of a single invoice, at the time of subscription to this SERVICE.

4.3.2.      The CUSTOMER shall never be able to claim reimbursement of the part of the fixed amount not used at the end of the period of use, even in the event of changing from the PREPAID SERVICE to the POSTPAID SERVICE. Against this, B.LITE shall not claim any termination indemnity in the event of a premature halt of the PREPAID SERVICE by the CUSTOMER, with the exception of the indemnity applicable in the event of failure to return or delay in returning the EQUIPMENT to B.LITE (article 6.2.7).

4.3.3.      The activation of the PREPAID SERVICE shall only be carried out, either by the DISTRIBUTOR or by the CUSTOMER itself, after signing all of the CONTRACTUAL DOCUMENTS and the payment of the fixed amount by the CUSTOMER.

4.4.         POSTPAID INTERNET.

4.4.1.      The POSTPAID SERVICE shall allow the CUSTOMER to have access to the INTERNET, through the recurring monthly payment by way of the subscription fee.

4.4.2.      When the CONSUMER CUSTOMER subscribes the POSTPAID SERVICE from B.LITE, the maximum duration of the POSTPAID SERVICE shall be 24 months. Shorter periods may be stipulated. When the PROFESSIONAL CUSTOMER subscribes the POSTPAID SERVICE from B.LITE, the maximum duration of the POSTPAID SERVICE shall be determined in the PARTICULAR CONDITIONS. This may be less than, equal to or greater than 24 months.

4.4.3.      The activation of the POSTPAID SERVICE shall only be carried out, by the DISTRIBUTOR, by B.LITE, or by the CUSTOMER himself, after all of the CONTRACTUAL DOCUMENTS have been signed and the CUSTOMER has been informed of the data necessary for subscribing the POSTPAID SERVICE.

 

  1. 5. Subscription and activation of the SERVICE

5.1.         In the event that the CUSTOMER is not included in B.LITE’s database as a CUSTOMER, he shall only be able to subscribe to the Service by visiting a B.LITE sales point in person, via the www.blite.be website or by calling the number appearing either in the CONTRACTUAL DOCUMENTS or on the pages of the aforementioned website.

A person who wishes to subscribe any SERVICE shall submit the demand to a DISTRIBUTOR of B.LITE or complete an electronic order form in person on B.LITE’s INTERNET website. This electronic order form shall be completed in full and correctly. The data shall be confirmed by an official identity document, if the CUSTOMER is a natural person, or by a copy of the articles of association, any amendments to these, of the resolution appointing its legal representative as well as an official identity document of this latter party, if the CUSTOMER is a legal person. This order form shall also mention the address of the property where the EQUIPMENT will be used, as well as the services forming the object of the CONTRACT. Lastly, as per the case, this document shall contain the VAT or company number of the CUSTOMER.

5.2.         The CUSTOMER shall expressly confirm that his personal data are accurate and correspond to reality and shall inform B.LITE immediately of all modifications on this point. B.LITE shall only offer a POSTPAID SERVICE on condition that the person who wishes to access it officially proves (e.g. through an official identity document, and electricity bill addressed to him or a declaration from his employer) that he has an official address in Belgium, that he is resident in Belgium and/or has the right to reside in Belgium for a certain period. He undertakes to inform B.LITE immediately of the fact that the conditions listed above are no longer satisfied, in which case B.LITE shall have the right to demand that the CUSTOMER uses the PREPAID SERVICES.

5.2          The subscription of B.LITE’s POSTPAID SERVICE shall only be possible insofar as the CUSTOMER has fulfilled the following conditions in advance.

5.2.1.      The CUSTOMER accepts the following payment procedures:

-      for the activation of the SERVICE and the provision of the EQUIPMENT: solely by credit card, payment by bank card or by direct debit to the account number indicated by B.LITE, mentioning the references of the CONTRACT;

-      for the monthly fee for the provision of the Service: solely by credit card or direct debit.

The choice of the mode of payment is made by the CUSTOMER on the electronic order form. In the event that the CUSTOMER chooses to pay via direct debit, he shall submit a duly completed and signed direct debit on activation of the SERVICE or on receipt of the modem. If B.LITE has not received this authorisation, B.LITE shall have the right to terminate the CONTRACT immediately.

5.2.2.      The CUSTOMER shall notify a valid e-mail address to B.LITE, at which B.LITE may address any written communication to it, as well as any electronic invoice. The dispatch of an electronic message to the indicated address shall be equivalent to a written notification. Moreover, the CUSTOMER hereby accepts that B.LITE may submit any advertising material to him for its products or its services.

5.3.         B.LITE may refuse to grant the demand of the CUSTOMER on one of the following grounds:

a.            The computer installations of the CUSTOMER and/or the telecommunications installations, notably the NETWORK, do not permit or make it difficult to permit the provision of the SERVICE, pursuant to the assessments of B.LITE’s technical service; no “roaming” between countries is possible; the SERVICE may only be activated in the city in which the CUSTOMER has subscribed to it;

b.            The CUSTOMER and/or its possible representative refused to identify themselves and to provide proof of a fixed domicile or residence within the European Union, on the basis of official documents;

c.             The CUSTOMER refuses to sign the GENERAL and PARTICULAR CONDITIONS of the SERVICE;

d.            The CUSTOMER does not submit the guarantee which may be claimed by B.LITE;

e.            The CUSTOMER does not observe the obligations incumbent on him by virtue of another agreement relating to a service provided by B.LITE;

f.             The CUSTOMER uses his connection to offer third-party services or makes use of the connection for non-residential uses, e.g. consumption exceeding the monthly volume limits;

g.            There are serious indications of a risk of insolvency on the part of the CUSTOMER.

h.            The CUSTOMER uses or intends to use the SERVICE for illegal or illicit purposes or to the detriment of B.LITE or a third party, or also for purposes contrary to the conventions and laws on intellectual property;

i.              The CUSTOMER’s data are included in the database.

5.4.         B.LITE shall activate the SERVICE subscribed by the CUSTOMER within reasonable deadlines, taking account of foreseeable human and technical factors and latest within 10 business days of the submission by the DISTRIBUTOR of all of the documents and information confirming the observance by the CUSTOMER of the conditions provided both in points 5.1 to 5.3 above and to the applicable legal provisions.

  1. 6. Obligations of the CUSTOMER

 

6.1.         GENERAL OBLIGATIONS

6.1.1.      The CUSTOMER undertakes to use the SERVICE which he subscribes in strict observance of the CONTRACT, current legislation and in general, pursuant to the normal rules of INTERNET use, whether or not these are defined in a “fair use policy”. The CUSTOMER also undertakes not to use the subscribed SERVICE(S) for purposes other than those provided by the normal uses and practices and in general, not to infringe the rights of B.LITE or third parties.

6.1.2.      The CUSTOMER declares that he has familiarised himself with the rapid installation guide and is aware of the functioning of the SERVICE. The SERVICE is provided for the connection of a number of PCs defined in the description of the SERVICE. The modem provided to the CUSTOMER shall operate on a dynamic IP address. The CUSTOMER hence undertakes to refrain from forcing a change in his IP to a fixed IP address. In the event that the CUSTOMER overrides this prohibition, B.LITE may terminate the CONTRACT, at its sole and entire discretion, immediately and without the prior issuance of formal notice, at the exclusive expense of the CUSTOMER.

6.1.3.      The amounts due by way of the CONTRACT shall form the object of invoices addressed by e-mail to the CUSTOMER, at the address cited by the CUSTOMER or to the third-party payer designated by the latter. The CUSTOMER can request the submission of the invoices by mail. The designation of a third-party payer shall not exonerate the CUSTOMER from his payment obligations in the event of default by the latter party. The third-party payer shall not acquire any right to the EQUIPMENT, which shall remain the full property of B.LITE at all times.

6.1.4.      The CUSTOMER who vacates or assigns his residence without terminating or assigning his CONTRACT under the conditions provided by these GENERAL CONDITIONS, shall remain liable for the payment of the amounts due to B.LITE until the end of the CONTRACT and for the use of the EQUIPMENT.

6.1.5.      B.LITE shall immediately be informed in writing (normal letter or e-mail) of any change arising in one of the elements identifying the CUSTOMER, with this including the e-mail of the CUSTOMER informed at the time of subscription of the SERVICE. The CUSTOMER who fails to notify B.LITE of any change shall be exclusively liable for the consequences of this lack of information.

6.1.5.      Before the installation of the EQUIPMENT and of the ACCESSORIES, the CUSTOMER shall be obliged to make a backup of his entire system and all of his data. He shall ensure that his SOFTWARE is compatible with that of B.LITE, notably with regard to his anti-virus systems.

6.1.6.      The CUSTOMER shall take all measures in order to avoid the spread of computer viruses and the committing of cybercrimes, by means of or through its computer system and shall maximise the security of his own system. For this purpose, the CUSTOMER shall notably ensure the installation of an adequate firewall and shall use all reasonable technical means made available to him (installation of passwords, use of security resources and certification of signatures and transactions, etc.).

6.1.7.      The CUSTOMER shall preserve the secret and confidential character of his password and access code and shall not notify these to a third-party. Each use of the identification elements shall take place at the sole and full liability of the CUSTOMER. In the event of loss, theft or fraudulent use of one of these elements, the CUSTOMER shall modify his password with the aid of the tools provided by the competent providers of INTERNET services and shall inform the said suppliers and B.LITE of the same, as soon as possible. This notice shall be confirmed by registered letter. The liability of the CUSTOMER shall only be lifted on the business day following the date of receipt of this registered letter by B.LITE.

6.2.         EQUIPMENT

6.2.1.      The EQUIPMENT shall remain the full property of B.LITE at all times. The CUSTOMER is only presumed to be the holder of the same by virtue of a loan for use CONTRACT. He shall hence be unable to resell the EQUIPMENT or to pledge, lease or constitute any right of use or enjoyment of the EQUIPMENT in favour of a third party.

6.2.2.      The CUSTOMER shall assume custody of the EQUIPMENT and shall handle it prudently, observing the technical provisions for use of this EQUIPMENT. The CUSTOMER shall not interfere with the traffic on the NETWORK, or endanger the SERVICE by his action or omission.

6.2.3.      In order not to disrupt the proper functioning of the SERVICE, the CUSTOMER shall be obliged to adapt the number of users connected to the EQUIPMENT and the traffic flow volume. For this purpose, the CUSTOMER may be obliged to take the measures prescribed by B.LITE. The same obligations shall be incumbent on him when he undertakes an action likely to entail the intensive use of the EQUIPMENT, even if this is occasional or involuntary.

6.2.4.      Only the EQUIPMENT or the technical items approved in advance by B.LITE may be connected to the NETWORK. The fees which B.LITE is obliged to pay following the infringement of this provision shall be borne by the CUSTOMER. Unless expressly and previously authorised by B.LITE, the CUSTOMER may not modify the EQUIPMENT. Furthermore, the EQUIPMENT shall not be replaced during the CONTRACT due to technological evolution.

6.2.5.      The EQUIPMENT may only be submitted by B.LITE to any person other than the CUSTOMER after the production of the identity card or passport of this person and with the prior agreement of B.LITE regarding the identity of this person.

6.2.6.      In the event of seizure, assertion of claim and in general, any rights claimed by a third party regarding the EQUIPMENT submitted to the CUSTOMER, the CUSTOMER shall be obliged to challenge the same and inform B.LITE immediately, in writing, of the risk involved and the identity of the third party. In the event of failure by the CUSTOMER to comply with this obligation, this latter party may be obliged to compensate B.LITE for the loss of the EQUIPMENT.

6.2.7.      At the end of the SERVICE, for whatever reason, the CUSTOMER undertakes to return the EQUIPMENT immediately, in its original state, with the various associated user manuals and without the various modifications which he has made. The return shall be made by hand or by dispatch to B.LITE only to the following address: Fortstraat 27E, 8400 Oostende. In the absence of a compliant return within 5 business days of the end date of the SERVICE, B.LITE shall be entitled to invoice a fixed rate indemnity of € 250.00, without any reminder or prior formal notice. Furthermore, all recovery fees for the EQUIPMENT shall be borne by the CUSTOMER, with this including the expenses arising from any proceedings brought by B.LITE for the recovery of the EQUIPMENT.

6.3.         CUSTOMER’S INSTALLATION

6.3.1.      The CUSTOMER’s installation, including, among other things, the premises of the CUSTOMER, his computer system, his cabling or that placed in the premises intended to host the EQUIPMENT or the ACCESSORIES must comply on every point with the safety requirements, technical prescriptions and all applicable legal provisions.

6.3.2.      The CUSTOMER shall allow easy access during usual working hours to the locations used by the various components of the EQUIPMENT to the individuals working for B.LITE, who provide evidence of their capacity. Repair or maintenance works which B.LITE is obliged to carry out pursuant to the CONTRACT must be executable under suitable conditions of safety, comfort and hygiene, without B.LITE’s appointees facing any risks to their health or being constrained to move or remove the objects and effects belonging to the CUSTOMER.

6.3.3.      The CUSTOMER shall be solely liable for the compatibility of his installation with the supplied EQUIPMENT or ACCESSORIES. B.LITE may invite the CUSTOMER to reduce the number of items of terminal equipment connected to the EQUIPMENT or to the ACCESSORIES, when it confirms that the technical provisions are not being observed. The expenses which B.LITE is obliged to bear following the infringement of this provision shall be borne by the CUSTOMER. The CUSTOMER, as well as any other person who asks B.LITE to deliver or modify an item of EQUIPMENT and who waives the same before the delivery or activation of this EQUIPMENT shall be obliged to indemnify B.LITE for the expenses already incurred. These shall be capped at the amounts provided in the price list for access to the SERVICE.

6.3.4.      The CUSTOMER undertakes to disconnect any device from his installation which disrupts or inhibits the NETWORK, as soon as he observes or is notified of the same by B.LITE.

6.3.5.      Except in the case of deliberate misconduct or gross negligence of its appointees, B.LITE shall never be held liable for material, aesthetic or other damage which may be caused by an intervention on the CUSTOMER’s installation. B.LITE shall in no case be held liable for restoring the CUSTOMER’s installation to its original condition.

6.4.         INTERNET USE – INTELLECTUAL PROPERTY

6.4.1.      The CUSTOMER expressly acknowledges that:

-      the SOFTWARE is and shall remain the property of the third-party and of B.LITE, which are the holders of the associated intellectual rights, and this even in the event of sale of the EQUIPMENT to the CUSTOMER,

-      that he only has a license for use of the SOFTWARE, valid for the entire duration of protection of the SOFTWARE by the agreements and legislation applicable to the copyright.

With this knowledge, the CUSTOMER undertakes not to copy the SOFTWARE, with the exception of a backup copy, not to modify the SOFTWARE and furthermore, to observe all of the specific licence conditions, which shall be notified to him on installation or downloading of certain items of SOFTWARE.

The CUSTOMER who decides to use this SOFTWARE shall be considered as having accepted the specific licence conditions associated with it.

6.4.2.      The CUSTOMER acknowledges that B.LITE has no control and is not subject to any obligation of control over the CUSTOMER’s website, data and information which the former party introduces into chat rooms, discussion forums and the INTERNET in general. The CUSTOMER shall thus remain solely liable for the use which he makes of B.LITE’s SERVICE, as well as for the content, information and data which he provides or uses on the INTERNET. The CUSTOMER hence guarantees B.LITE against all actions, demands or claims of third parties citing an infringement of their rights via the CUSTOMER’s website, the insertion of information by the CUSTOMER into the discussion forums and more generally, through the use of B.LITE’s SERVICES or subsequent to the measures taken by B.LITE to remedy this claimed infringement, pursuant to the international agreements and the applicable legislation.

6.4.3.      The CUSTOMER declares that he is aware of the rules and codes of use in effect on the INTERNET and networks, which he shall access via the SERVICE. Among other things, when he uses the SERVICE:

a.    The CUSTOMER shall use the SERVICE pursuant to its intended purpose, within the limits of a normal download.

b.    The CUSTOMER shall observe current legislation when he transmits data via the SERVICE. Prohibited data shall notably, but not exclusively, be illegal, incorrect, obscene, defamatory or infringing public policy and/or decorum, infringing the private life of the users or forming an incitement to racial hatred and xenophobia or having a revisionist character.

c.    The CUSTOMER shall not indulge in or cooperate with any cybercrime offence, notably piracy, computer fraud and “hacking”;

d.    The CUSTOMER shall not affect the proper functioning of the activities of B.LITE and the SERVICE and shall ensure that he does not endanger the capacities or performance of the NETWORK by using the SERVICE or any other element to generate exaggerated quantities of traffic;

e.    The CUSTOMER shall undertake to observe and not to infringe the intellectual rights of B.LITE or of third parties, notably including copyright and protection of the SOFTWARE, trademarks and patents;

f.     The CUSTOMER shall not send unsolicited messages or data (“spam”);

g.    The CUSTOMER shall undertake to observe the ISPA Code of Conduct and notably the clauses relating to the correct use of the INTERNET.

6.4.4.      The CUSTOMER undertakes to notify B.LITE of any illegal content which may be available from his NETWORK, so that B.LITE may take the necessary and appropriate measures for removing this information or rendering it inaccessible.

6.4.5.      B.LITE shall not be held liable for infringements committed by third parties or by the CUSTOMER through the SERVICE or the NETWORK. In the event that the CUSTOMER or a person using the SERVICE subscribed by the CUSTOMER infringes the obligations cited in this article, B.LITE shall be entitled to suspend the provision of the SERVICE immediately and without prior notice and to terminate the CONTRACT at the expense of the CUSTOMER.

 

  1. 7. Price and financial conditions

 

7.1.         INFORMATION ON THE PRICE. The CUSTOMER may inspect B.LITE’s price list at any time, either on B.LITE’s website: www.blite.be or with a DISTRIBUTOR. Unless otherwise stipulated, the PRICE shall be that in effect at the time of the subscription by the CUSTOMER of the selected SERVICE.

7.2.         PREPAID INTERNET. The PRICE of the PREPAID SERVICE shall include:

-              the activation costs of the SERVICE,

-              the single fixed rate fee for the provision of the SERVICE, appearing in B.LITE’s price list,

-              the provision of the EQUIPMENT provided in the PARTICULAR CONDITIONS.

The PRICE of the PREPAID SERVICE shall not include the costs of returning the EQUIPMENT or of the activation, which shall be borne by the CUSTOMER.

7.3.         POSTPAID INTERNET. The PRICE of the POSTPAID SERVICE shall include:

-              the activation costs of the SERVICE,

-              the recurrent monthly fee for the provision of the SERVICE, appearing in B.LITE’s price list,

-              the provision of the EQUIPMENT provided in the PARTICULAR CONDITIONS,

-              as appropriate, the PRICE of acquisition or rental for use

7.4.         ACTIVATION COSTS. With regard to activation, the PRICE shall vary as a function of the type of activation and of the SERVICES chosen by the CUSTOMER (some of which are free of charge), and of the day and time of activation (more expensive at weekends and outside working hours). The PRICE shall be determined pursuant to B.LITE’s price list, on an hourly basis plus travel costs. The CUSTOMER shall assume responsibility for the installation and for this purpose, shall take delivery of the EQUIPMENT on the premises of B.LITE or at its point of sale, or through delivery via special courier at his own expense. The activation times notified by B.LITE are intended to be indicative, taking account of human factors and computer systems. B.LITE’s various activation proposals are described in the manual or the document made available to the CUSTOMER. Any new activation by B.LITE shall be invoiced on the basis of the activation tariffs currently in effect, and shall in no way be reimbursed for the effective consumption by the CUSTOMER.

7.4.         PURCHASE OF ACCESSORIES. In the event of purchase of ACCESSORIES from B.LITE, the CUSTOMER shall be liable for the price of these ACCESSORIES, subject to article 18.2.1. This Price does not cover the installation by B.LITE, with their installation by B.LITE subject to the PARTICULAR CONDITIONS relating to the installation offers.

7.5.         RENTAL OF ACCESSORIES. In the event of rental of ACCESSORIES from B.LITE, the CUSTOMER shall be liable for a rental fee for the use of these ACCESSORIES for the entire duration of the CONTRACT. The rent shall not cover the installation by B.LITE, with this subject to the PARTICULAR CONDITIONS regarding the installation offers. In the event of rental, the CUSTOMER shall be liable for a rental guarantee representing the purchase value of the ACCESSORY. This guarantee shall be reimbursed to him on its return, without damage by the CUSTOMER.

7.6.         GUARANTEE. At any point, both on subscription of the SERVICE and during the execution of the CONTRACT, B.LITE reserves the right to claim a financial guarantee from the CUSTOMER in the following cases:

-              with a view to ensuring the return and/or repair of the EQUIPMENT made available to the CUSTOMER,

-              in the event of proven fraud or serious doubts regarding the solvency of the CUSTOMER,

-              in the case of a foreign domicile, fixed residence or billing address.

If the guarantee is not established by the CUSTOMER within the assignment deadlines or, as appropriate, within 3 days of the written demand forwarded by B.LITE, B.LITE may, without reminder or prior formal notice, refuse or suspend the delivery as a whole or in part of the SERVICE(S) subscribed by the CUSTOMER and/or terminate the CONTRACT, without prior notice or indemnity.

B.LITE may allocate the guarantee solely for the payment of all amounts due from the CUSTOMER by virtue of the CONTRACT. In the event of use, as a whole or in part, of the guarantee, the CUSTOMER shall be obliged to reconstitute it. At the end of the CONTRACT, B.LITE shall return the guarantee to the CUSTOMER, provided that this latter party has satisfied all of his obligations of return and is no longer obliged to pay any amount to B.LITE.

7.7.         INDEXATION. B.LITE reserves the right to index the PRICE of the POSTPAID SERVICE, once a year, at the earliest on the anniversary date of the initiation of the SERVICE. Indexation shall be made on the basis of the consumer price index.

  1. 8. Invoicing

 

8.1.         PREPAID INTERNET. The PREPAID SERVICE shall only give rise to a single invoice, at the time of subscription of this SERVICE by the CUSTOMER.

8.2.         POSTPAID INTERNET. The amounts due to B.LITE, for the POSTPAID SERVICE are invoiced in advance by B.LITE. The POSTPAID SERVICE shall form the object of periodic invoicing, either monthly or quarterly. B.LITE nevertheless reserves the right to invoice the SERVICES subscribed by the CUSTOMER either twice a month or once a week, in the event that the monthly volume of downloads by the CUSTOMER proves exaggerated or exceeds the normal download volume by 25%.

8.3.         The invoicing of the POSTPAID SERVICE shall be carried out, at the choice of B.LITE, either in electronic form or in paper form. If the CUSTOMER wishes the invoicing to be carried out in paper form, he shall submit a prior demand for this in writing to B.LITE. The PROFESSIONAL CUSTOMER who opts for invoicing in paper form shall be invoiced for a supplementary charge of € 2.00 per dispatch. In the absence of an express choice, expressed in writing, the CUSTOMER shall be considered to have opted for invoicing via electronic means. B.LITE’s electronic invoices shall be made available to the CUSTOMER on the INTERNET platform designed by B.LITE, at latest on activation of the SERVICE. The CUSTOMER expressly acknowledges the validity as evidence of the electronic invoices.

8.4.         B.LITE’s invoices or immediately due on their maturity date. If an invoice is not paid in full on its maturity date, B.LITE reserves the right to suspend and/or disconnect the SERVICE without prior reminder or formal notice. If an invoice remains unpaid after its expiry date, the CUSTOMER shall pay the late payment interest calculated at the rate of 1% per month (with every month initiated being considered as a whole month) and due on the maturity date, as well as a fixed rate indemnity of 10% of the outstanding balance, with a minimum of € 50.00.

If B.LITE does not pay the CUSTOMER the amounts due within the allocated deadlines, the CONSUMER CUSTOMER may claim similar penalties.

8.5.         In the event of overshooting of total consumption by volume relative to the volume included in the PRICE of the subscribed POSTPAID SERVICE, the CUSTOMER undertakes, at the invitation of B.LITE, to opt for a new SERVICE configuration more suited to the consumed volume. In the event that the CUSTOMER does not change Service configuration, B.LITE shall invoice the supplementary traffic volume on the basis of the current tariffs. B.LITE shall inform the CUSTOMER of the procedures for changing configuration.

8.6.         In the event of overshooting the INTERNET volume consumption relative to the volume agreed in the subscribed Service, B.LITE shall in return be authorised to reduce the maximum speed of the Service by the end of the current calendar month or to block the connection in the event of abusive use. The CUSTOMER shall receive a notice by e-mail from B.LITE before the blocking.

  1. 9. Complaints

 

9.1.                         In the event of a complaint relating to a B.LITE invoice, the CUSTOMER is obliged to mention the CUSTOMER account in question, the serial number of the loaned or sold modem, the number as well as the heading and the amount of the challenged invoice. The payment obligation shall then be suspended for the challenged amount, whether the complaint has been submitted to the local service or to the Mediation Service for Telecommunications (Service de Médiation pour les Télécommunications). The unchallenged part must be paid within the normal deadlines. In the event of a rejection of the complaint by B.LITE, the disputed amount shall immediately become payable. The payment deadlines for this amount shall be specified in the e-mail containing the decision by B.LITE.

9.2.         All challenges of invoices validly submitted to it shall be considered by B.LITE within a reasonable deadline. If it emerges that the CUSTOMER has wrongly challenged either the two preceding invoices or three of the last six invoices, B.LITE reserves the right to demand the complete payment of the challenged new invoice. In addition, search fees may be invoiced if it emerges that the new complaint is without foundation.

9.3.         In order to be acceptable by B.LITE, any complaint regarding the invoiced amounts must be submitted within 10 calendar days of the date of drawing up of the invoice, without prejudice to the exercise of other means of redress.

 

  1. 10. Liability of B.LITE and contractual guarantee

 

10.1.       The liability of B.LITE shall be incurred if the CUSTOMER dies or suffers bodily harm following misconduct or negligence by B.LITE. In such an event, the provisions of articles 10.3 and 10.4 shall not apply. B.LITE shall not be liable for the losses due to failure by the CUSTOMER to observe his obligations arising from the CONTRACT nor from the losses resulting from unforeseeable circumstances or force majeure.

10.2.       B.LITE shall not be liable for the content of the communications or of the messages, nor for the integrity of the data transiting via its NETWORK. Nor shall it be liable for the services, or for their invoicing when these are offered by third parties and are accessible via its NETWORK. B.LITE shall not guarantee and shall not be liable for the services offered or the information distributed by the intermediary for its NETWORK. B.LITE shall not be liable for the transactions arising between a third party and the CUSTOMER. It shall in no case be a party to the CONTRACT drawn up between the third party and the CUSTOMER, unless otherwise stated.

10.3.       Without prejudice to the provisions of the preceding paragraph, the liability of B.LITE shall only be incurred in the event of deliberate misconduct or gross negligence by it or by one of its employees. Its liability shall be limited to compensation solely for the foreseeable, direct, personal and certain losses which the CUSTOMER has suffered, excluding compensation for all indirect losses, including non-pecuniary ones, such as supplementary expenses, lost earnings, loss of customers, loss or damage to data and loss of contracts.

10.4.       In all cases in which B.LITE may be declared liable, its liability to the CUSTOMER shall be limited to € 25,000.00 for all claims, whether considered individually or collectively.

10.5.       Without prejudice to the stipulations of articles 1641 to 1648 of the Civil Code and the Law of 25 February 1991 on de facto liability for defective products or, as relevant, by articles 1649bis ff. of the Civil Code, B.LITE hereby grants, exclusively by way of guarantee, the guarantee granted by the manufacturer within the limits specified by the latter and, as a maximum, for a period of one year dating from the purchase of an ACCESSORY or the provision of an item of EQUIPMENT.

10.6.       B.LITE only guarantees compatibility with its Service for material corresponding to current standards and the technical specifications of the NETWORK interface, as published and regularly updated by B.LITE. B.LITE does not guarantee that all of the INTERNET applications may function on its NETWORK, due to their specific features, technology, topology and specific configuration and is authorised to block certain applications or INTERNET ports.

10.7.       In general, B.LITE is only bound by an obligation of means. B.LITE has not therefore subscribed to any obligation of result, notably with regard to the theoretical speed.

 

  1. 11. Liability of the CUSTOMER

 

11.1.       The CUSTOMER shall be solely liable to B.LITE for the use of the EQUIPMENT and the ACCESSORIES.

11.2.       The CUSTOMER shall be obliged to ensure the proper use of the SERVICE on a prudent basis. As of the transfer of the EQUIPMENT or of an ACCESSORY, the CUSTOMER shall bear the risks linked to the loss or damage to this EQUIPMENT or this ACCESSOIRE, even for unforeseeable circumstances or cases of force majeure. As per the case, the CUSTOMER shall subscribe an insurance policy intended to cover the risks of loss or damage to the EQUIPMENT submitted to it. The CUSTOMER shall be solely liable for the use of this EQUIPMENT. The transfer of ownership of an ACCESSORY shall take place at the time of delivery of this ACCESSORY to the CUSTOMER. The CUSTOMER shall release B.LITE from any guarantee other than that expressly declared to be applicable by virtue of the CONTRACT.

11.3.       The notification by the CUSTOMER of the confidential data concerning him or which he considers as such, by the intermediary of the Service, shall be made at his risk. The CUSTOMER shall take all necessary measures to protect the confidential and integral character of his data. In observance of current legislation and of this CONTRACT, B.LITE shall not be liable for the dissemination of confidential data stored on its computer system. The CUSTOMER shall also ensure the protection of his data and software against any virus.

11.4.       The CUSTOMER shall be solely liable for any loss, whether direct or indirect, material or immaterial, caused by him or by a third party using the Service to B.LITE or to third parties. The CUSTOMER undertakes to reimburse B.LITE for any demand, claim or sentencing for damages of which B.LITE would be the object, pursuant to the conduct or messages which the CUSTOMER or any third party using the Service subscribed by the CUSTOMER has disseminated on the INTERNET or due to the infringement of the intellectual rights of the parties by the CUSTOMER or by any third party person using the Service subscribed by the CUSTOMER.

 

  1. 12. Maintenance and assistance

 

12.1.       If the conditions of operation or organisation of the NETWORK so demand or if the demands relating to the quality of the SERVICE are modified by the IBPT, B.LITE may unilaterally modify the technical characteristics of the SERVICE.

12.2.       B.LITE reserves the right to interrupt or limit the SERVICE for maintenance purposes, in order to carry out enhancements or in the event of use or malfunction of the SERVICE, which creates a disruption to this SERVICE or to other SERVICES of B.LITE. B.LITE shall ensure that the time necessary for the execution of the works is limited. B.LITE shall not be liable for any indemnity or damages of any nature for such interruptions or limitations. As far as possible, B.LITE shall undertake to notify the CUSTOMER of the estimated duration of the works.

12.3        The CUSTOMER hereby authorises B.LITE to access the CUSTOMER’s EQUIPMENT remotely and, as appropriate, his system, in order to carry out maintenance, configuration or monitoring operations. Where necessary, the CUSTOMER shall provide access to his equipment to B.LITE’s staff. At the demand of the CUSTOMER, B.LITE’s staff shall provide evidence of their capacity.

12.4.       In the event of difficulty encountered in the use of the SERVICE, the CUSTOMER may contact B.LITE’s helpdesk at the following number: 059 77 00 65. B.LITE’s helpdesk shall implement resources reasonably necessary for resolving the difficulty encountered by the CUSTOMER or to orient him towards alternative technical solutions to those which B.LITE is able to propose. As appropriate, B.LITE may invoice the services which do not fall within its legal guarantee obligation.

  1. 13. Intervention

 

13.1.       The CUSTOMER undertakes to provide easy access at all reasonable times for the employees of B.LITE, who provide evidence of their capacity, to the locations used by the various components of the SERVICE.

13.2.       Unless the installation is carried out by the CUSTOMER himself, a functionality test for the service shall be carried out at the time of the SERVICE. If the CUSTOMER does not express reservations on the functioning of the EQUIPMENT by this point at the latest, the CUSTOMER shall be presumed to have received the EQUIPMENT in a good state of operation, without apparent faults or defects. Non-compliant features affecting the ACCESSORIES must be notified within the minimum deadlines stipulated by the relevant provisions of the Civil Code.

13.3.       Under penalty of forfeiting the guarantee offered by B.LITE, the CUSTOMER may not make any modification to the EQUIPMENT or to the ACCESSORY submitted to him, whether or not this modification is likely to disrupt the NETWORK.

13.4.       In the event of return of an item of EQUIPMENT or of an ACCESSORY which is defective or presents damage not caused either by the CUSTOMER or by case of unforeseeable circumstances or force majeure, this latter party may benefit from a replacement. If the access is not available in the region of the CUSTOMER, the EQUIPMENT must be returned within at most 10 business days, without prejudice to the application of Article 19.

 

  1. 14. Privacy and confidentiality

 

14.1.       Personal data relating to the CUSTOMER, which are collected by B.LITE (such as, notably, first names and surnames, addresses, e-mail addresses, telephone numbers and any item of data permitting his identification), shall be recorded in B.LITE’s files and processed:

-              with a view to the execution of the connection to the NETWORK and subsequently, to permitting or improving the SERVICE and the NETWORK;

-              with a view to establishing, collecting and verifying invoices;

-              with a view to generating the contractual relationship between B.LITE and the CUSTOMER (e.g. in order to notify each Communication to the CUSTOMER, in the event of a claim, complaint or dispute);

-              with a view to executing information or promotional operations on the products and services offered by B.LITE, also by SMS or E-mail. (A CUSTOMER who does not wish to be approached by B.LITE within the context of direct commercial prospecting actions may, at any time, and by submitting a written note to B.LITE, demand to be included free of charge in the list provided for this purpose);

-              with a view to combating fraud and infringements to the detriment of B.LITE, its employees or its customers and suppliers;

-              with a view to inspecting service quality;

-              with a view to market studies.

The duration of the storage of the CUSTOMER’s personal data should be at most 10 years. For a marketing action, B.LITE shall ensure that the duration of storage of personal data is limited to the actions as well as to the necessary duration of this marketing action.

14.2.       B.LITE undertakes not to notify the personal data of a CUSTOMER to a third party, except:

-              on the orders of the competent judicial authorities;

-              to return his files to third parties working on behalf of B.LITE. In any event, access for these third parties shall be limited to the data which they require in order to execute their mission for B.LITE.

14.3.       Pursuant to the Law of 8 December 1992 on the protection of private life with regard to processing of data of a personal character, the CUSTOMER who provides evidence of his identity may obtain written notification free of charge of the personal data concerning him, as well as, as appropriate the rectification of these data which are inaccurate, incomplete or irrelevant, by submitting a written request to B.LITE.

14.4.       B.LITE shall not familiarise itself with data not intended for it and with data which the CUSTOMER may entrust (e.g. via e-mail, discussion forums, websites with limited access) to the INTERNET via a SERVICE or with data resulting from the direct use of the INTERNET by the CUSTOMER, except in the following cases:

-              if familiarisation with the data is necessary for the proper execution of the CONTRACT or the SERVICE, or for the proper functioning of the NETWORK,

-              if B.LITE has reason to believe that this information relates to illegal or illicit activities or if a third party claims that this information infringes one of its rights;

-              if B.LITE is notably required to do so by police, judicial or administrative authorities, with a view to preventing the perpetration of criminal offences or to seeking the perpetrators of criminal offences.

In order to maintain the proper functioning of B.LITE’s NETWORK and services, it reserves the right to scan e-mails deriving from the CUSTOMER in entirely automated fashion in order to detect viruses. In so doing, B.LITE shall not take note of the content of the e-mails. The e-mails deriving from the CUSTOMER which are contaminated by viruses may be rejected by B.LITE’s e-mail server.

14.5.       The conversations between the CUSTOMER and B.LITE’s customer service may be recorded or listened to by other employees or consultants of B.LITE who do not participate in the conversations in question and this for the purposes of training and supervising B.LITE’s staff. The CUSTOMER shall have the option of refusing to allow this listening by specifying it at the start of every call.

 

  1. 15. Force majeure

 

15.1.       B.LITE’s liability shall not be incurred in the event of delays or defaults in the execution of its services when these are the consequence of events which are unforeseeable and independent of its will. This independent and unforeseeable character shall be assessed on a reasonable basis, taking account, among other things, of the actual circumstances and of the technical and human resources available to B.LITE.

15.2.       For the purposes of this article, the following shall notably be considered as cases of force majeure: generalised power cuts, war, riots, disturbances, civil unrest, actions by civil or military authorities, embargoes, explosions, strikes, lockouts or social conflicts (including those involving its staff), flooding, prolonged freezing, fires or storms, any termination of contract by a supplier and any inventory shortage among B.LITE’s suppliers.

 

  1. 16. Assignment of the CONTRACT

 

16.1.       The assignment by the CUSTOMER of all or part of the rights and the obligations deriving from the CONTRACT shall only be authorised through the prior written authorisation of B.LITE and to the benefit of a person domiciled out or simultaneously resident at the same address as the CUSTOMER.

16.2        The CUSTOMER who has been prohibited by a court ruling from accessing and/or remaining at the address where the EQUIPMENT is normally located shall acknowledge B.LITE’s automatic right to assign the CONTRACT to the person who illegally occupies the premises where this EQUIPMENT is located, if the latter person so requests.

16.3        In the event of death of the CUSTOMER, the CONTRACT shall continue with regard to the succession until its termination or assignment to an heir, a legatee or a person domiciled or residing simultaneously at the same address as the deceased CUSTOMER, without prejudice to the termination of the CONTRACT by B.LITE cited in article 18.2.1.

16.4        The administrative costs of the assignment shall be due from the CUSTOMER, who is also liable for the proper functioning of the modem at the time of assignment and transfer of the complete equipment.

16.5.       In the event of assignment, the assignor and the assignee shall remain jointly and severally bound by the obligations arising from the CONTRACT.

 

  1. 17. Duration of the Contract

 

17.1.       STARTING DATE. The CONTRACT shall take effect on the date of forwarding by the CUSTOMER of B.LITE’s order form, notwithstanding the activation date of the SERVICE.

17.2.       PREPAID INTERNET. Unless stipulated to the contrary, the CONTRACT relating to the PREPAID SERVICE is a CONTRACT concluded for the period and for the maximum download volume defined in B.LITE’s offers (following fair use policy). The CONTRACT shall hence enter into effect on the first of the following two dates: the end of the period of use of the defined SERVICE or the exhaustion of the maximum download volume.

17.3.       POSTPAID INTERNET. The CONTRACT relating to the POSTPAID SERVICE may be concluded for a defined or undefined duration. The duration of the CONTRACT concluded with a CONSUMER shall be concluded for a defined duration of 12 or 24 months, without prejudice to the possibility of a lesser duration, stipulated in the PARTICULAR CONDITIONS and offers of B.LITE. The duration of the CONTRACT concluded with a PROFESSIONAL shall be concluded for an undefined duration, without prejudice to a defined duration stipulated in the PARTICULAR CONDITIONS.

 

  1. 18. Termination by the CUSTOMER

 

18.1.       PREPAID INTERNET. In the event of termination of the PREPAID SERVICE by the CUSTOMER, before reaching the end of the period of use of the SERVICE or having exhausted the fixed charge, the CUSTOMER shall never be able to claim reimbursement of the unused part of the fixed charge, and this even in the event of changing the PREPAID SERVICE into a POSTPAID SERVICE. Against this, B.LITE shall not claim any termination indemnity in the event of the premature halting of the PREPAID SERVICE by the CUSTOMER, with the exception of the indemnity applicable in the event of failure to return or delay in returning the EQUIPMENT to B.LITE (article 6.2.7). The return of the EQUIPMENT may only take place at the address mentioned in article 6.2.7.

18.2.       POSTPAID INTERNET.

18.2.1.    CONSUMER. The CONSUMER CUSTOMER may terminate the CONTRACT at any time by writing to B.LITE (by registered letter, fax, e-mail or simple letter). The CUSTOMER shall ensure that he retains proof of the dispatch and receipt by B.LITE of the termination document.

B.LITE shall make every effort to terminate the POSTPAID SERVICE as rapidly as possible, taking into consideration the technical constraints and shall issue a written notice of the same to the CUSTOMER.

When the CONTRACT has a duration of less than 6 months or when termination takes place before the expiry of the 6-month period following the entry into effect of the CONTRACT, B.LITE may claim a termination indemnity from the CUSTOMER equivalent to the subscription fees which would still be due until the expiry date of the 6-month period following the entry into effect of the CONTRACT. Moreover, in all cases of advance termination of the CONTRACT which provides for the acquisition of one or several ACCESSORIES, B.LITE may claim an indemnity from the CUSTOMER corresponding to the residual value of the ACCESSORY/ACCESSORIES, on the date of termination of the CONTRACT. This residual value shall be defined in a depreciation table included in or attached to the PARTICULAR CONDITIONS.

18.2.2.    PROFESSIONAL.

  1. The PROFESSIONAL CUSTOMER may terminate the CONTRACT concluded for an undefined duration, by giving prior notice of 6 months in writing to B.LITE (by registered letter, fax, e-mail or simple letter). The CUSTOMER shall ensure that he retains proof of the dispatch and receipt by B.LITE of the termination document. The prior notice shall take effect on the first day of the month following the one during which B.LITE has received the notice of termination. In the event of failure to observe the prior notice deadline, as a whole or in part, the CUSTOMER shall be liable for a compensatory or supplementary prior notice or indemnity corresponding to the fees which would still be due until the expiry of the prior notice period which should have been observed.
  2. The CUSTOMER may not terminate a CONTRACT concluded for a defined duration in advance. In the event that for whatever reason, the CUSTOMER terminates the CONTRACT concluded for a defined duration, he shall be liable for a termination indemnity equivalent to the subscription fees which would still be due until the expiry date of the CONTRACT.
  3. In all cases of advance termination of the CONTRACT providing for the acquisition of one or several ACCESSORIES, B.LITE may claim an indemnity from the CUSTOMER corresponding to the residual value of the ACCESSORY/ACCESSORIES, on the date of termination of the CONTRACT. This residual value shall be defined in a depreciation table included in or attached to the PARTICULAR CONDITIONS.

18.2.3.    The termination indemnities claimed by B.LITE by virtue of this article shall not form an obstacle to other indemnities due in the event of failure to return or delay in returning the EQUIPMENT to B.LITE, or in the event of failure by the CUSTOMER to comply with the obligations incumbent on him by virtue of the CONTRACT.

 

  1. 19. Suspension and termination by B.LITE

 

19.1.       B.LITE may, without prejudice to the other provisions of the CONTRACT, suspend as a whole or in part or terminate the SERVICE without prior notice or indemnity in the event of failure by the CUSTOMER to pay the amounts due to B.LITE 8 calendar days after the forwarding of a reminder has remained without useful effect.

19.2.       In the event of serious or repeated default by the CUSTOMER on his obligations, notably regarding payment or in the event of manifesting infringement of the law or rights of third parties, in the event of notification of invalid identification data or bank accounts, in the event of jeopardising the integrity of B.LITE’s SERVICES or the performance and proper functioning of the NETWORK, B.LITE shall be entitled to block the CUSTOMER’s access to its NETWORK and to the content in question by third parties. B.LITE shall inform the CUSTOMER of this blocking by e-mail and shall issue formal notice to the CUSTOMER to observe his obligations and limit all of the detrimental consequences for B.LITE or of the third-party. B.LITE may also take all necessary measures, at its own initiative, if the integrity of its SERVICES and the proper functioning of its NETWORK are endangered. These measures may notably take the form of automatic activation of anti-spam protection in the event of spam attacks which endanger the functioning of the NETWORK, or suspension of the CUSTOMER’s access to its SERVICES or suspension of access by the third parties to the content disseminated by the CUSTOMER. In the event that B.LITE observes that the NETWORK and/or its SERVICES are damaged, e.g. because normal e-mail traffic is blocked by a large quantity of e-mails or because the CUSTOMER’s system is used by hackers, B.LITE reserves the right to suspend the services provided to the CUSTOMER as a whole or in part, without prior notice. B.LITE shall inform the CUSTOMER of this blocking by e-mail. The provision of the SERVICES shall be resumed as soon as B.LITE received written confirmation from the CUSTOMER that the necessary protective measures have been taken. If, within 5 calendar days of the day following the dispatch of the formal notice, the CUSTOMER does not comply with his obligations and/or has not formally undertaken to observe these in the future, B.LITE shall have the right to terminate this CONTRACT. The termination of the CONTRACT shall not give any entitlement to damages for the CUSTOMER.

19.3.       In the event of a complaint, regardless of its form, by a third party who claims that the content inserted by the CUSTOMER or the use by the CUSTOMER of the B.LITE’s services infringes one of its rights, B.LITE may provisionally suspend the CUSTOMER’s access to its services, at its discretion, and without prejudice to the damages due to the CUSTOMER, after issuing formal notice by e-mail and/or letter, which remains without effect 5 business days after the day following the date of dispatch. In the event of a reply by the CUSTOMER, B.LITE shall have the right to notify the documentary justification which may be provided by the CUSTOMER to the complainant. If the complainant considers that the documents are not satisfactory, as per the case, B.LITE shall be entitled to suspend the CUSTOMER access to B.LITE’s services on a provisional basis, without giving entitlement to damages for the same CUSTOMER. This provision shall apply, regardless of the content cited by the complaint, notably including hyperlinks and documents inserted by the CUSTOMER into his communications to the discussion forum.

19.4.       The use, participation in or provision of the hosting services and discussion forums via the NETWORK may be suspended in the event of force majeure or the occurrence of a case of force majeure, or for maintenance interventions, or in the event of breakdown. The interruptions shall not provide any entitlement to an indemnity. In this event, B.LITE shall undertake to notify the CUSTOMER, within reasonable deadlines, of the interruptions which have occurred, as well as to limit the duration of the interruptions to a minimum.

19.5.       The suspension of the SERVICE shall end when the CUSTOMER has complied with his obligations or when the force majeure event has ceased. When the suspension of the SERVICE results from misconduct or an action by the CUSTOMER, the SERVICE shall be re-established through the payment by the CUSTOMER of the fixed activation fees, indicated in the price list.

19.6.       For the entire duration of the suspension of the SERVICE, other than in cases of force majeure, the price of the Service shall remain due and liable.

19.7.       Without prejudice to the other provisions of the CONTRACT, if the cited CUSTOMER has not complied during the 15 calendar days following total suspension, B.LITE may terminate the CONTRACT ipso jure through minimum prior notice of 15 calendar days notified by registered letter.

19.8.       B.LITE may terminate the CONTRACT, ipso jure and without prior notice, in the event of death, bankruptcy or liquidation of the CUSTOMER, in the event of insolvency or of any event which makes the recovery of the sums by the CUSTOMER due by virtue of the CONTRACT difficult or uncertain, in the event of moving to a zone without coverage or of serious or repeated misconduct or default on the part of the CUSTOMER.

19.9.       B.LITE may terminate or suspend the provision of the Service in the event of an order or injunction by an administrative or judicial authority. In these cases, the CUSTOMER shall not be able to claim payment of the indemnities.

19.10.     Without prejudice to article 18.2.1., Termination shall only be effective starting from the date of return of the EQUIPMENT by the CUSTOMER. The return of the EQUIPMENT may only take place at the address mentioned in article 6.2.7. The CUSTOMER shall be liable for administrative termination costs pursuant to current tariffs.

 

  1. 20. Notifications

 

B.LITE and the CUSTOMER hereby agree that any notification made between them shall be made exclusively via the e-mail address opened under the domain name “blite.be” or via the e-mail address which the CUSTOMER has notified on subscription of the SERVICE, by secure e-mail with the same legal value as a written or signed item of correspondence, except for the notifications by ordinary post or registered letter cited herein. The CUSTOMER shall receive an e-mail address from B.LITE for the said communications between the parties, including invoices, modification of current tariffs and of the general conditions.

 

  1. 21. Evidence

21.1.       B.LITE and the CUSTOMER agree to state that the information relating to the communications, to the CONTRACTS, to B.LITE’s invoices and to the payments stored by B.LITE, on a durable and unmodifiable medium shall have the force of evidence of a paper document, until demonstrated to the contrary, and as per the case, to a document cited by articles 1322ff. of the Civil Code.

21.2.       B.LITE shall not be bound by the conventions which the CUSTOMER has concluded with the aid of the SERVICE with suppliers of services who imposed other forms of conventional evidence.

  1. 22. General points

22.1.       All of the preceding agreements and conventions, whether verbal or written, shall be considered as null and void and entirely replaced by the terms of the CONTRACT.

22.2.       A clause, paragraph or phrase contained in the GENERAL CONDITIONS which could legally be held to be null or inapplicable shall in no way affect the validity of the other clauses, paragraphs or phrases of the GENERAL CONDITIONS. As appropriate, in the event of nullity or inapplicability of a passage, the parties shall make efforts to replace the null or inapplicable passage with a valid one, of equivalent economic effect.

22.3.       The validity of the CONTRACT signed by a minor or incapable adult shall be subject to the written agreement of one of his/her parents or guardian. This authorisation shall be received by B.LITE at latest on the entry into effect of the CONTRACT.

22.4.       The costs which B.LITE must bear following an infringement by the CUSTOMER of the terms of the CONTRACT shall be borne exclusively by the CUSTOMER.

22.5.       B.LITE undertakes to notify the CUSTOMER who has the POSTPAID SERVICE of any modifications in the GENERAL CONDITIONS, at least one month before the entry into effect of the modification. The act of informing the CUSTOMER of these latter changes by e-mail and/or by the invoices which will invite him to consult the www.blite.be website shall be regarded as an appropriate means of information. Any CUSTOMER who objects to the proposed modification shall be entitled to terminate the CONTRACT free of charge at latest on the last day of the month following the entry into effect of the new GENERAL CONDITIONS, insofar as these are unfavourable to the CUSTOMER. Such a termination shall not form an obstacle to the payment of the fees due until the termination date of the CONTRACT, as well as to the indemnities cited in article 6.2.7.

  1. 23. Conciliation and treatment of differences

 

23.1.       In the event of difficulties relating to the execution of the CONTRACT, the CUSTOMER shall be invited to contact B.LITE’s customer service.

23.2.       Complaints relating to any unjustified decommissioning of the EQUIPMENT shall be submitted within 5 calendar days of the decommissioning. If the complaint is submitted after this deadline, the duration between the fifth day and the day on which the complaint was submitted shall not be considered for the calculation of any indemnity.

23.3.       The CUSTOMER may contact the Mediation Service for Telecommunications, legally established by the IBPT. The Mediation Service for Telecommunications operates entirely independently of B.LITE. Within the limits of its attributions, it does not receive instructions from any authority. The address and telephone number of the Mediation Service are as follows:

Service de Médiation pour the Télécommunications [Mediation Service for Telecommunications]

Boulevard Bischoffsheim, 29-35

1000 BRUSSELS

Tel. 02/223 06 06 - Fax. 02/219 77 88,

plaintes@mediateurtelecom.be

www.ombudsmantelecom.be

23.4.       Only written complaints shall be accepted. The CUSTOMER may nevertheless contact the Mediation Service verbally in order to clarify his interests as well as possible.

23.5.       Complaints shall only be admissible if the CUSTOMER can demonstrate that he has made a prior approach to B.LITE.

23.6.       The Mediation Service for Telecommunications may refuse to deal with a complaint when it relates to facts which occurred more than one year before the introduction of the complaint. The examination of a complaint shall terminate when it forms the object of an application to an administrative court.

  1. 24. Jurisdiction and applicable law

 

24.1.       The validity, conclusion and execution, interpretation, cessation or liabilities arising from the CONTRACT shall be settled exclusively pursuant to Belgian law. The provisions of the CONTRACT shall apply, subject to mandatory or public policy provisions of Belgian law.

24.2.       Any difference relating to the points cited in the preceding paragraph shall be submitted to the exclusive jurisdiction of the registered office of B.LITE, whence the SERVICE is provided to the CUSTOMER.