Conditions Générales de Vente

General Conditions of Sale

Article 1 – General

Unless otherwise stipulated and written, these conditions are strictly used to regulate the relationship between the customer and the supplier.

Article 2 – Time limits

The lead times are always given as an indication and do not engage the responsibility of the supplier. A delay can not result in the termination of the contract or give rise to a claim for compensation.

Article 3 – Price

Prices are quoted outside T.V.A Prices communicated orally and any indications modifying the offers or the contracts commit the supplier only after written confirmation.
Unless otherwise stated, the validity of the offers is limited to a period of one (1) month.

Article 4 – Terms of payment

Unless otherwise specified, the supplier will charge the customer at the end of the assignment or the month if the assignment is spread over several months. Invoices will be paid within 30 days.

In the event of non-payment within the prescribed period, an interest calculated at the rate of 12% per annum (and this without prejudice to the other rights of the supplier) will be applied ex officio and without prior notice. payment date until receipt of payment.

Article 5 – Maintenance of Qlik Software

All Qlik Sense Publisher software license orders are subject to the terms and conditions set by the publisher in the Qlik User License Agreement. These conditions are accessible via the following link http://www.qlik.com/fr//legal/license-terms.

This contract stipulates that support (maintenance) is included with the paid subscriptions of Qlik Products. For all Qlik Pay Products other than Software subscriptions, Customer is required to purchase Support Services (Maintenance) upon initial purchase of the Software for a minimum period of twelve months (“Initial Support Period”) .

This maintenance is annual and is tacitly renewed each year if it is not validly terminated by the customer, with a notice of 3 months before the end of the current maintenance period, via a registered letter with acknowledgment of receipt sent to the company WeQan, for the attention of Mr. Jean-Marc Toussaint, 92 Queen Astrid Avenue, 1310 La Hulpe.

Article 6 – Vizlib Software Subscription

All Vizlib orders are subject to the terms and conditions set by the publisher in the Vizlib Terms & Conditions. These conditions are accessible via the following link https://home.vizlib.com/terms-and-conditions/ 

The use of the Service is subject to a valid and legal Qlik License (granted by Qlik in favour of your employer and, if relevant, you and other users). We do not authorise access to our Service without a Qlik License. Vizlib is not a party to any legal terms provided by Qlik, does not provide support for Qlik Sense or other products provided by Qlik and does not guarantee, endorse or assume any liability for visualisations created using the Service. You and/or your employer, and not Vizlib, are responsible for identifying, understanding and complying with the Qlik’s terms and conditions.

This subscription is annual and is tacitly renewed each year if it is not validly terminated by the customer, with a notice of 3 months before the end of the current maintenance period, via a registered letter with acknowledgment of receipt sent to the company WeQan, for the attention of Mr. Jean-Marc Toussaint, 92 Queen Astrid Avenue, 1310 La Hulpe.

Article 7 – Confidentiality

Except as required by law or by a regulatory authority, neither party shall use, discose or communicate to anyone any information disclosed by the other party regarding any of the following: accounting, finance, clients, contractual arrangements or other transactions of the other party; the terms and conditions of this Agreement, including without limitation the terms relating to charges, expenses and hours of work, all of which shall be considered confidential information in this Agreement and each party shall use all reasonable efforts to prevent disclosure without authorization of confidential information.

Each party must ensure that its employees, agents and subcontractors are made aware and undertake not to disclose any confidentiality and non-disclosure provisions contained in this article, each party notifies the other if it becomes aware breach of trust by the other party and shall give the other party all reasonable assistance in the performance of the obligations taken over here.

Whenever one of the parties must be in possession of confidential information this party must keep them permanently in conditions of adequate security.

Confidential information may not be used, copied or reproduced except in connection with the contract.

The provisions of this article will survive the expiration or termination of this agreement, for whatever reason, but cease to apply to any information that has become public otherwise than as a result of a violation of this article.

Article 8 – Termination

This agreement may be terminated by the supplier immediately by sending a written notice to the customer if the customer fails to pay the fees due and fails to remedy the breach within fourteen (14) days of a cancellation. written request to this effect.

This Agreement may be terminated by either party at any time, unless mutual agreement can be reached, giving notice of termination to the other party with immediate effect.

The party forced to terminate the contract with immediate effect may claim damages from the other party.

Subject to damages, this contract may be terminated by any party at any time with immediate effect if the defaulting party:

– is guilty of serious misconduct or a fundamental breach of its obligations under this Agreement, or

– is in clear violation or non-compliance with one of the conditions of this contract and has not remedied within thirty (30) days following the written request of the other party, or

– ceases trading, or is unable to pay debts when due or is in liquidation (other than voluntarily for the purpose of amalgamation or reconstruction) or is dealing with creditors in general or has received or received administrative sequestration on any or a substantial part of its assets.

Upon termination of this contract, regardless of what happens, the customer must immediately return all records, documents, materials, media and other property of the supplier that is in his possession. The Articles Confidentiality, Indemnities of this contract will survive the termination or expiration of the agreement regardless of origin.

Article 9 – Force majeure

If one of the parties is partially or totally unable to fulfill one of its obligations under this contract, as a result of “force majeure”, it informs the other party without delay.

The notification must indicate the constituent elements of the “force majeure”. For these purposes, “force majeure” means any situation beyond the control of a party to the contract that it could not reasonably foresee or prevent, including but not limited to: natural causes, fires, serious civil disturbances, wars. In the event of a strike, the Steering Committee will decide on the appropriate measures to be taken.

If the performance of the obligations of each party under this Agreement is delayed, hindered or prevented by a case of “force majeure”, the customer is entitled to require (a) that the supplier wait for the resolution of the “force majeure” for the performance of the contract; (b) terminate this Agreement by notifying the Provider within twenty-five (25) days and without paying any compensation to the Provider. The customer may at any time implement (b) if the customer has chosen (a).

Article 10 – Guarantees and commitments

The supplier guarantees and undertakes that the persons in charge of the mission are of sufficient qualification, and have the training and the necessary experience to carry out the mission.

Article 11 – Allowances

The Customer declares that it has the necessary authority to enable the Supplier to perform the assignment with respect to any hardware, software or data and any designs, specifications, documents or materials of any kind made available the supplier for this purpose, and will obtain and maintain all necessary consents, licenses, approvals and authorizations.

The customer agrees to indemnify the provider for all losses, expenses, costs, damages incurred by the supplier due to any claim or request from any person for unauthorized use in any way.

Article 12 – Ownership and Copyright

Ownership of all know-how including ideas, concepts, methodologies, processes, computer tools (hardware and software) and all patents, copyrights and other intellectual property rights provided by the provider, with the methods and techniques used for the assignment, are at all times the property of the supplier and the supplier must remain the sole owner thereof.

Article 13 – Nullity of clauses

If any clause in this document is considered null and void or declared inapplicable for any reason, the other clauses must remain in force, and the parties agree to meet to elaborate, in good faith, the necessary to ensure that everyone is in a financial position comparable to that which would have resulted from the application of the clause considered null and void.

Article 14 – Amendments

Any modification of this agreement will be valid only if it is treated in an amendment signed by both parties and annexed to this contract.

Article 15 – Opinion

Notices under this contract will be in writing. The notice must be delivered either by hand or by post to the address of the other party.

Article 16 – Applicable law and jurisdiction

This contract is governed by Belgian law. In the event of a dispute arising from this Agreement, the courts of Belgium shall have exclusive jurisdiction.