Terms & Conditions Jetstax

Article 1. Definitions

  • " Customer ": the natural person or legal entity, partnerships without legal personality, as well as their representative and authorized representative, who has concluded or wishes to conclude an agreement with Jetstax.
  • " Consumer ": the natural person who is acting for purposes outside his trade, business, craft or profession
  • " Agreement (s) ": all agreements used by Jetstax in relation to the Customer, to which these General Terms and Conditions apply.
  • " Use ": the use of web space, e-mail space, database space, bandwidth, working memory, etc. agreed with the Customer (in the quotation), expressed in MB (Megabytes)

Article 2. General

These general terms and conditions (the "General Terms and Conditions") apply to both the provision of services and the sale of goods by Jetstax ("Jetstax").

By placing the order, the General Terms and Conditions are considered fully and without reservation as accepted by the Customer. The General Terms and Conditions and each specific Agreement constitute the entire and sole Agreement between the parties and supersede all previous oral or written agreements, proposals, promises, understandings or communications relating to the subject matter of the specific Agreement. General terms and conditions of the Customer do not apply.

Jetstax's obligation to deliver the good or service ordered by the Customer at the price set by Jetstax and paid by the Customer, constitutes the main obligation of the Agreement. If Jetstax depends on the intervention of an external party for the delivery of a good or service ordered by the Customer, Jetstax's delivery obligation is concluded under the express condition precedent of availability, at the moment that Jetstax consults the external party, of that good or service at the price set by Jetstax and paid by the Customer. The price paid by the Client is regarded as a guarantee before the suspensive condition is realized. Jetstax undertakes to check the availability at this price with the external party within 5 working days after receipt of the payment of the guarantee. If the ordered good or service is not available at the time that Jetstax consults the external party, this Agreement will lapse and Jetstax will refund the deposit paid by the Customer, without further obligations between the parties. If the ordered good or service, at the time that Jetstax consults the external party, is available at a different price, this Agreement will lapse and Jetstax will leave the Client the choice to accept this different price, resulting in a new Agreement. stand between Jetstax and the Customer.

Article 3. Duration and termination

Unless otherwise agreed between the parties, the Agreement is entered into for 1 year and tacitly renewed each time for the same duration. Either party may terminate the Agreement unilaterally without justification by written notice by registered mail or, in the case of the Customer, electronically via https: // client.jetstax.com , from no later than one month before the expiration of one year each, counting from the start date of the Agreement.

The unilateral cancellation by the Customer does not give rise to any refund or compensation in any way whatsoever for payments already made. If the Agreement is terminated, Jetstax's claims against the Customer are immediately due and payable and the amounts already invoiced for work performed remain due, without any obligation to cancel. In the event of termination by the Customer, the Customer may only terminate that part of the Agreement that has not yet been performed by Jetstax. If the dissolution is attributable to the Customer, Jetstax is entitled to compensation for the damage that has arisen as a result.

Article 4. Prices

The prices communicated by Jetstax on the website and through other channels are always subject to obvious writing errors. Individual offers are revocable and valid for 15 days, unless stated otherwise in the offer. All prices are in Euro and exclusive of VAT, unless stated otherwise, and are payable as stated on the invoice. Unless otherwise agreed, the prices relating to the services are calculated for a period of one year or one month. At the start of this period, the full price will be paid in accordance with Article 5.

The prices relating to services can be changed by Jetstax at any time during the term of the Agreement. The Customer is informed of this via the website and also in an individual manner via personal communication. The changed prices will be payable by the Customer after two months from the individual notification, unless the Customer has made use of the option to cancel the Agreement free of charge and without motivation. Cancellation by the Customer must be done by registered mail or electronically via https://client.jetstax.com within thirty calendar days following the individual notification of the changed prices.

Each promotion applies per Customer, whereby promotions cannot be combined with each other. In case of abuse by the Customer of promotions, for example but not limited to the deliberate creation of multiple accounts, Jetstax reserves all rights and Jetstax, for example, but not limited to, cannot apply promotions.

Article 5. Delivery, payment and protest terms

The delivery times stated by Jetstax are indicative and not binding, unless explicitly agreed otherwise. The terms are always formulated in working days. A reasonable delay in delivery cannot under any circumstances give rise to a cancellation of an order or compensation.

Any complaint regarding the delivery, of whatever nature, must be submitted by the Customer within 8 working days from the delivery. of the goods or the start date of the performance of the services to be notified in writing to Jetstax. Any complaints regarding the delivery or performance cannot be used as a pretext to suspend or delay payment of invoices. The lack of written protest of an invoice within 8 working days from its dispatch implies the irrevocable acceptance of the invoice and the amounts, products and services stated therein.

Invoices must be paid within one month after invoice date or before the expiry of the relevant Agreement Cost. If the Client has not paid in full after 3 calendar days after the payment term, he is in default after the first reminder stating the consequences of the non-payment. If the Client is in default, this has the following consequences: (i) statutory interest is due on the outstanding amount; (ii) the Customer owes 50% of the principal in collection costs or, if the Customer is a Consumer, the amount due under applicable law; (iii) The service to the Client can be suspended without further notice (and any website hosted by the Client made inaccessible) until the outstanding amounts, including interest, have been paid; (iv) Jetstax has the right to dissolve or terminate the Agreement at its option pursuant to Article 2 and to take back any delivered good as far as this is possible.

Registration of a domain name is only possible if the Customer is in the registration process has explicitly agreed in advance that the registration can take place immediately and the Consumer waives his right of withdrawal as soon as the domain name has actually been registered. In that case, Article 8 of these General Terms and Conditions does not apply.

Article 6. Rules of conduct and notice / takedown

The Client will at all times cooperate in good faith with Jetstax in order to promote the provision of the services. The Customer will at all times use the services in accordance with Jetstax's General Terms of Use, as amended from time to time. The most recent version can be found at https://jetstax.com/en/about-jetstax/acceptable-use-policy . If the customer does not comply with his obligations arising from these General Terms and Conditions, he agrees to bear all costs and charges related to the additional services performed by Jetstax in order to remedy any problems resulting from the failure -fulfillment by the Customer of his obligations.

Jetstax can in no way be held liable for any failure of the internet connection due to technical or other failures both within and outside the Jetstax network, or for errors by suppliers who give rise to this. The Customer is solely responsible for the proper use of the good, service or software, taking into account Jetstax's specifications, documentation and instructions.

Article 7. Registration of domain names and Office 365

The correct execution of the payment by the Customer and receipt of a welcome email and invoice from Jetstax does not guarantee the registration of the domain name. The domain name is only registered after an express written confirmation to the Customer of the domain registration by Jetstax. If it turns out that Jetstax cannot register the domain name due to a mistake of the Customer, for example because the Customer does not appear to be the current holder of an already registered domain name, the Customer is obliged to pay an administration fee of EUR 25 to Jetstax, without prejudice to Jetstax's right to claim compensation for the damage actually suffered.

The registration of domain names takes place according to the regulations of the relevant persons responsible for the registration of domain names (such as DNS Belgium (http: // www.dns.be), SIDN (http://www.sidn.nl), DNS.LU (http://www.dns.lu), Afnic (http://www.afnic.fr) or ICANN ( http://www.icann.org)). The Client has taken note of and accepts these general terms and conditions for domain name registration, available on the website of the domain registry, and declares that Jetstax has informed him of these general terms and conditions. For specific conditions, Jetstax refers to the websites of the relevant persons responsible for the registration of domain names. Jetstax does not bear any liability whatsoever for the decision of the Customer to register a particular domain name or for registering domain names at the request of the Customer that would infringe the rights of third parties. Customer will indemnify Jetstax against any third party claims arising from the registration of a domain name at Customer's request.

When creating a Microsoft Office 365 user account, the user must agree to the Microsoft Cloud Agreement: https: //docs.microsoft.com/en-us/partner-center/agreements. For more information, see the full Microsoft Service Agreement: https://technet.microsoft.com/library/jj819284.aspx. Jetstax acts as an intermediary and is not liable for damage, losses or costs.

Article 8. Right of withdrawal

If the Customer is a Consumer, he has a period of 2 days (48 hours) to withdraw from the Agreement without giving any reason.

The period of 2 days (48 hours) starts to run from the moment the Agreement was concluded or, in the case of sale of goods, from the day that the Consumer takes physical possession of the goods.

If the Consumer wishes to make use of this right of withdrawal, he shall Notify Jetstax in writing by means of a support ticket on the customer panel (https://client.jetstax.com) or by sending an email to [email protected] within the above-mentioned timeframe. Jetstax will reimburse the Consumer for all payments received minus the payment costs (Payment Gateway) by means of the same payment method as that used by the Consumer, from the moment that all goods are returned until a maximum of 10 days afterwards. If the Agreement is revoked within the first 24 hours after conclusion, the refund will be made by means of the payment method used. After this, the refund will be made as validated credits without any expiration date. Credits are irreversible and cannot be returned to the Customer's payment method.

The right of withdrawal does not apply to defects by the Customer. The following examples are considered to be faults: FiveM server purchased without dedicated IP, when noticing invalid customer data, illegal and questionable deals of any kind related to the Jetstax infrastructure, when causing damage to the Jetstax infrastructure or any other reason given by Jetstax.

Article 9. Liability

Jetstax is not liable in the context of the formation or performance of the Agreement except in the cases mentioned below, and up to the limits stated therein.

Jetstax's total liability for damage suffered by the Customer as a result of an attributable shortcoming by Jetstax in the fulfillment by Jetstax of its obligations under this agreement, explicitly also including any shortcoming in the fulfillment of a guarantee obligation agreed with the Customer, or due to an unlawful act by Jetstax, its employees or third parties engaged by him are limited per event or a series of related events to an amount equal to the total of the payments (excluding VAT) that the Customer owes under the agreement, or, if the agreement has a duration of more than three (3) months, an amount equal to the fees payable by the Customer in the last three (3) months used to be. Under no circumstances, however, will the total compensation for direct damage exceed ten thousand (10,000) euros (excluding VAT).

Jetstax is expressly not liable for the loss of data. The Customer acknowledges and agrees to be fully responsible itself for regularly making and maintaining full backups of all data it stores or transfers in connection with the Services provided by Jetstax. It is the Customer's responsibility to take appropriate measures to protect its data, including making regular backups.

Jetstax is expressly not liable for indirect damage, consequential damage, lost profit, missed savings and damage due to business stagnation. Jetstax's liability due to an attributable shortcoming in the fulfillment of the agreement only arises if the Customer immediately and properly gives notice of default to Jetstax in writing, setting a period of at least 14 calendar days for remedying the shortcoming, and Jetstax also after that period attributable to the continues to fail to fulfill its obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Jetstax is able to respond adequately. The notice of default must be received by Jetstax within 30 calendar days after the discovery of the damage.

The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness. of Jetstax's management, as well as for death or physical injury of the Customer as a result of an act or omission by Jetstax.

The Customer is liable to Jetstax for damage caused by an error or shortcoming attributable to him. originate. The Customer indemnifies Jetstax against claims regarding non-compliance with the rules of conduct in these General Terms and Conditions when using the services or goods by or with the consent of the Customer. This indemnification also applies to persons who, although not employees of the Customer, have nevertheless used the services or goods under the responsibility or with the consent of the Customer.

Article 10. Processing of personal data

If the Customer, as 'responsible' within the meaning of the General Data Protection Regulation (GDPR), processes personal data using the services, products or goods of Jetstax, the Customer must conclude a 'processor agreement' with Jetstax and to use the possibility that Jetstax offers to this end. Insofar as the Customer does not make use of the option that Jetstax offers to conclude a processor agreement, the Customer guarantees that it will not use the services or goods provided for processing personal data and the Customer indemnifies Jetstax against all damage or claims based on the statement that any processing of personal data using the services or goods would be unlawful.

If the Customer as a natural person ('data subject' within the meaning of the GDPR) uses the services, products or Jetstax property, Jetstax will comply with all obligations that the GDPR imposes on Jetstax as 'controller', in accordance with Jetstax's privacy policy and registry policy (https://jetstax.com/en/about-jetstax/privacy-policy ).

Article 11. Intellectual property rights

All intellectual property rights with regard to the products and / or services as well as the designs, software, documentation and all other materials that are developed and / or used in preparation or implementation of the Agreement between Jetstax and the Customer, or resulting therefrom rest exclusively with Jetstax or its suppliers. The delivery of products and / or services does not constitute any transfer of intellectual property rights. The Client only obtains a non-exclusive and non-transferable right of use to use the products and results of the services for the agreed objectives. In such use, the Client will strictly adhere to the conditions laid down in the general terms and conditions or otherwise imposed on the Client. Without the prior written consent of Jetstax, the Client will not disclose, reproduce or make available to a third party the products and results of the services in whole or in part, in whole or in part. The Customer will not remove or change any indications of Jetstax or its suppliers regarding copyrights, brands, trade names or other intellectual property rights. Jetstax guarantees that it is entitled to grant the said right of use to the Customer and indemnifies the Customer against any claims from third parties in this regard.

This provision does not apply if and insofar as the products and / or results of this the services have been changed and / or if they have been delivered in conjunction with goods from third parties, unless the Customer demonstrates in the latter case that the claims of third parties relate exclusively to the products and / or results of the services delivered by Jetstax. Jetstax is allowed to take technical measures to protect its products, services or goods. If Jetstax has secured these products, services or goods by means of technical protection, the Customer is not permitted to remove or circumvent this protection, except if and insofar as the law dictates the contrary.

Article 12. Miscellaneous

The rights and obligations for the Customer arising from this Agreement concluded with Jetstax cannot be transferred, in whole or in part, to third parties, without the prior written consent of Jetstax.

If a provision of an Agreement concluded with Jetstax or its application for any party or circumstance should become or become void or unenforceable, this will not affect the rest of the Agreement.

Changes to contact details such as Customer's addresses, telephone numbers, contact persons and email addresses must be immediately communicated by Customer to Jetstax. If the Customer fails to report this immediately, Jetstax may recover the costs for research work or returned shipments from the Customer. The log files and other administration, whether electronic or not, of Jetstax constitute full proof of Jetstax's assertions and the version of any (electronic) communication received or stored by Jetstax is considered authentic, unless the Customer provides evidence to the contrary.

Article 13. Force majeure

Events of force majeure will release Jetstax from its obligations under these General Terms and Conditions for as long as that event lasts, provided Jetstax notifies the Customer in writing and describes the force majeure, and immediately continues to perform the relevant obligations when and insofar as the event of force majeure has disappeared. The Customer will not be entitled to claim compensation for non-compliance by Jetstax with one of its contractual obligations as a result of an event of force majeure.

Article 14. Applicable law exclusive jurisdiction

Belgian law applies to this Agreement concluded with Jetstax. Insofar as not dictated otherwise by mandatory law, all disputes arising as a result of the Agreement will be submitted to the competent Belgian court for the district in which Jetstax is located.