Article 1: General

These general terms and conditions (the “General Terms and Conditions”) apply to both the provision of services and the sale of goods by Ringphone BV (“Ringphone”). If Ringphone is dependent on the intervention of an external party for the delivery of a good or service ordered by the customer, Ringphone's delivery obligation is concluded under the express suspensive condition of availability, at the time that Ringphone consults the external party, of that good or service at the price proposed by Ringphone and paid by the customer. Ringphone undertakes to check the availability at this price with the external party within 5 working days after receipt of payment of the deposit. The price paid by the customer is considered a guarantee before the suspensive condition is fulfilled. Ringphone's obligation to deliver the goods or services ordered by the customer at the price set by Ringphone and paid by the customer constitutes the main obligation of the contract. If the ordered good or service is not available at the time that Ringphone consults the external party, this agreement will lapse and Ringphone will refund the deposit paid by the customer, without further obligations between the parties. If the ordered good or service is available at a different price at the time that Ringphone consults the external party, this agreement will lapse and Ringphone will give the customer the choice to accept this different price, which will result in a new agreement reached between the parties. The General Terms and Conditions are considered accepted by the customer in full and without any reservations by sending the order. The General Terms and Conditions and any specific agreement constitute the entire and only 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. Deviating terms and conditions of the customer do not apply and cannot be enforced against Ringphone.

Article 2: Duration and termination

Unless otherwise agreed, the agreement is entered into for an indefinite period. Either party may terminate the agreement unilaterally and without giving reasons by means of a written notice by registered mail no later than two months and no later than one month before the expiry of one year each, starting from the start date of the agreement. The three-month notice period commences on the 1st of the following month following the date of the written notification. The unilateral cancellation by the customer does not give rise to any refund or compensation in any way whatsoever for payments already made.

Article 3: Prices

The prices communicated by Ringphone on the website and through other channels are always indicative and are only valid for 15 days. 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 month. At the start of this period, the full price will be paid in accordance with Article 4. The unilateral cancellation by the customer does not give rise to any refund or reimbursement in any way for payments made. The prices relating to services may be changed by Ringphone at any time during the term of the contract. The customer is informed of this via invoicing and also individually via personal communication. The changed prices will be payable by the customer after two months from the individual notification, unless the customer has exercised the option to cancel the contract free of charge and without justification. Cancellation by the customer must be done by registered mail within thirty calendar days following the individual notification. Each promotion applies per customer and promotions cannot be combined. In the event of misuse by the customer of promotions, for example but not limited to by deliberately creating multiple accounts, Ringphone reserves all rights and Ringphone cannot, for example, but not limited to, apply promotions.

Article 4: Delivery, payment and protest terms

The delivery times stated by Ringphone are indicative and not binding, unless expressly agreed otherwise. The terms are always formulated in working days. Delay in delivery cannot under any circumstances give rise to cancellation of an order or compensation for damages. Any complaint regarding the delivery, of whatever nature, must be communicated by the customer to Ringphone by registered letter within 8 working days from the delivery of the goods or the start date of the performance of the services. Any complaints regarding 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 of its dispatch constitutes the irrevocable acceptance of the invoice and the amounts, products and services stated therein. Invoices are payable within one month after the invoice date. If the invoice is not paid on the due date, with the credit date being the payment date, a contractual late payment interest of 1% per month is due by operation of law and without any notice of default. For every late payment by the customer, a damages clause of 10% with a minimum of EUR 65.00 is automatically due.

Article 5: Termination of the agreement

Ringphone may at any time, without prior notice of default and without prior court intervention, terminate the contract with immediate effect if the customer fails to pay the invoice in question more than 45 days after the invoice date, with the credit date being the payment date unless the customer has rightly protested the invoice in accordance with Article 4. Even in the event of violation of one of the provisions in Article 7 by the customer or user, Ringphone may terminate the contract with immediate effect at any time, without prior notice of default and without prior judicial intervention. This means that the customer's domain name, hosting account or server will be decommissioned or deleted in its entirety. This provision does not affect the right of the customer and/or Ringphone to demand the termination of the agreement and, possibly with damages, on the basis of Article 1184 of the Dutch Civil Code.

Article 6: Registration of domain names and Office 365

Correct payment by the customer and receipt of a welcome email and invoice from Ringphone does not guarantee registration of the domain name. The domain name is only registered after explicit written confirmation to the customer of the domain registration by Ringphone. If it turns out that Ringphone cannot register the domain name due to an error by the customer, e.g. due to incorrect information provided by the customer, the customer is obliged to pay a compensation of the administration costs of 25 EUR to Ringphone, without prejudice to Ringphone's right to to claim greater damages. The registration of domain names takes place in accordance with the regulations of the relevant parties 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 customer 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 Ringphone has informed him about these general terms and conditions. For specific conditions, Ringphone refers to the websites of the relevant parties responsible for registering domain names. Ringphone is in no way liable for the customer's decision to register a particular domain name or for registering domain names at the customer's request that would infringe the rights of third parties, etc. The customer will always indemnify Ringphone for any claims from third parties as a result of the registration of a domain name at the request of the customer.

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. More information can be found in the full Microsoft Service Agreement:https://technet.microsoft.com/library/jj819284.aspx. Ringphone acts as an intermediary and is not liable for any damage, losses or costs.

Article 7: Unauthorized use

Even if the customer is not the user, the customer remains liable for the use of the service or good supplied. In the event of misuse of the service or goods provided, Ringphone reserves the right to temporarily or permanently deny access to these services or goods to the customer. Ringphone understands abuse and explicitly but not exclusively prohibits the following on all its systems, regardless of the good or service:

• Unlawful use of copyrighted work;
• Sending spam (unsolicited e-mail);
• Using the Systems to carry out unlawful activities;
• All (illegal) material in violation of Belgian, Dutch and European legislation;
• Starting processes on servers or systems where the user does not have administrative access;
• Carrying out tasks or operations that may cause damage or inconvenience to the systems or to other users.

Sending unsolicited advertising e-mails (SPAM) via Ringphone's servers and network is not permitted, nor is sending unsolicited advertising e-mails for a website/domain name hosted by Ringphone. For opt-in mail(ing)s there is a limit of 500 emails per 24 hours. Ringphone has the right to check the content posted by the customer/user if it sees reasonable grounds to do so and if it suspects that the general terms and conditions of use may be violated. If Ringphone is notified by a third party of any unlawful activities or information, and to the extent that such notification is not devoid of all seriousness, the customer will be aware that Ringphone will act in accordance with its lawful obligations under the Legislation on the information society. Ringphone therefore reserves all rights to block suspected unlawful activities or information from the public, pending further decisions by the competent services. Ringphone cannot be held liable by the customer in any way for such actions, whatever the damage may be. All damages and costs incurred by Ringphone as a result of actions or content of the user or customer, or due to a violation of the terms and conditions by the user or customer, will be recovered from the customer. Ringphone is not liable for the security of the data that is stored. The customer is expected to provide the necessary security and keep all content up to date.

Article 8: Liability

Under no circumstances is Ringphone liable for indirect damage or consequential damage such as, but not limited to, commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover, loss of income, personnel and administration costs, damage to third parties, loss of customers and losses resulting from legal action taken by third parties against the customer, etc. Ringphone cannot be held liable in any way for any failure of the internet connection due to technical or other malfunctions both within and outside the Ringphone network, or for errors by suppliers that give rise to this. The customer is solely liable for the proper use of the good, service or software, taking into account Ringphone's specifications, documentation and instructions. Ringphone can only be liable to the customer for the actual and proven damage resulting directly from the obligations included in the agreements concluded with Ringphone, thus excluding any other implicit or non-written obligations. Regardless of the nature of the damage and the degree of fault, Ringphone's contractual and non-contractual liability under or in connection with an agreement concluded with Ringphone, per claim or series of claims, arising from the same fact or cause, will in any case be limited to a maximum of the total amount of the purchase price or recurring costs paid by the customer (ie excluding installation costs) of the goods or of the services over a period of three (3) months preceding the incident and relating to the specific project to which the claim relates.

Article 9: Processing of personal data

In order to be able to execute its agreements, Ringphone, as the controller, collects personal data from the customer. This personal data can also be used by Ringphone for direct marketing. This allows Ringphone to inform the customer about its activities at regular intervals. If the customer does not wish his data to be used for this purpose, he can object to this free of charge and let us know at the following address: administratie@Ringphone.com. The customer can consult, correct or change his personal data by sending a dated, signed letter to administration@Ringphone.com. Under no circumstances will these personal data be transferred to third parties. Ringphone reserves the right to adjust this privacy policy at any time in accordance with the law of 8 December 1992 on the protection of privacy.

Article 10: Intellectual property rights

All intellectual property rights relating to the products and/or services as well as the designs, software, documentation and all other materials that are developed and/or used in the preparation or implementation of the agreement between Ringphone and the customer, or that result from it , rest solely with Ringphone or its suppliers. The delivery of products and/or services does not constitute any transfer of intellectual property rights. The customer 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 customer will strictly adhere to the conditions laid down in the general terms and conditions or otherwise imposed on the customer. The customer will not publish, reproduce or make available to a third party the products and results of the services in whole or in part in any way without prior written permission from Ringphone. The customer will not remove or change any indications of Ringphone or its suppliers regarding copyrights, brands, trade names or other intellectual property rights. Ringphone 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 the services have been changed and/or if they have been delivered in connection with goods from third parties, unless the customer demonstrates in the latter case that the claims of third parties exclusively relate have on the products and/or results of the services supplied by Ringphone.

Article 11: Miscellaneous

The rights and obligations arising from this agreement concluded with Ringphone for the customer cannot be transferred to third parties, either in part or in whole, without the prior written consent of Ringphone. If a provision of an agreement concluded with Ringphone or its application becomes or is void or unenforceable for any party or circumstance, at any level, this will not affect the rest of the agreement. Changes to contact details such as addresses, telephone numbers, contact persons and email addresses of the customer must be communicated by the customer to Ringphone immediately. If the customer fails to report this immediately, Ringphone may recover the costs for research or returned shipments from the customer.

Article 12: Applicable law and exclusive jurisdiction

Belgian law applies to this agreement concluded with Ringphone. Any dispute relating to this agreement will be dealt with exclusively by the courts of the district of Ghent.