AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. 3.1. Proximus reserves the right to amend the General Terms and Conditions, the Glossary, the Contractual Service Description of the Service, and the technical features of the Products and/or Services, even if this affects the price or quality of the Service. Proximus shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus website and/or an enclosure with an invoice shall be deemed to constitute appropriate means. 3.2. Aside from the price adjustment referred to in Article 6.1.2, customers who do not accept changes that are to their disadvantage may cancel the Order Form(s) affected by the changes in question without any compensation for breach of Agreement being due, provided that they inform Proximus in writing within fifteen (15) calendar days of receiving Proximus notification. 3.3. Should any Belgian, European or any other authorities or regulations require Proximus to amend the Agreement, or to refrain from supplying some or all of the Products and/or Services, Proximus shall have the right to provide for these amendments or to refrain from supplying the Products and/or Services without having to apply the procedure described above and without paying any compensation to the Customer. Such event is deemed to be a Force majeure event. 3.4. In case of circumstances beyond the Parties' control occurring after the conclusion of the Agreement and which are likely to result in a major imbalance between the obligations covered by the Agreement, the Parties shall be entitled to request a renegotiation of the Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of raw materials, customs duties, the tariffs of Proximus suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have the right to terminate the Agreement, without compensation being due, subject to giving three (3) months' notice.
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Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. 3.1. The Customer acknowledges that the Service is based on a constantly evolving technology, Proximus reserves therefore the right to amend the General Terms and Conditions, the Glossary, the Contractual Service Description of the Service, Agreement and the technical features of the Products Product and/or ServicesService, even if this affects the price or quality of the Product and/or Service. Proximus shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus website and/or an enclosure with an invoice shall be deemed to constitute appropriate means.
3.2. Aside from the price adjustment referred to in Article 6.1.2, customers Customers who do not accept changes that are to their disadvantage may cancel terminate the Order Form(s) affected by the changes in question without any compensation for breach of Agreement being due, provided that they inform Proximus in writing within fifteen (15) calendar Calendar days of receiving Proximus notification. If the Service remains unchanged or is improved for the same price following such an adaptation, the latters are not be deemed to constitute an amendment to the Agreement.
3.33.2. Should any Belgian, European or any other authorities or regulations require Proximus to amend the Agreement, or to refrain from supplying some or all of the Products and/or ServicesServices at the contractual conditions, Proximus shall have the right to provide for these amendments or to refrain from supplying the Products and/or Services without having to apply the procedure described above and without paying any compensation to the Customer. Such event is deemed to be a Force majeure event.
3.43.3. In case of circumstances beyond the Parties' control occurring after the conclusion of the Agreement and which are likely to result in a major imbalance between the obligations covered by the Agreement, the Parties shall be entitled to request a renegotiation of the Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of raw materials, customs duties, the tariffs of Proximus suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have the right to terminate the Agreement, without compensation being due, subject to giving three (3) months' notice.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. Belgacom public limited company of Belgian Public Law, exercising its activities under the commercial name Proximus, located in Bd. du Roi Albert XX 00, X-0000 Xxxxxxxx, Xxxxxxx,VAT BE 0202.239.951, Brussels Register of Legal Entities, Giro XX00 0000 0000 0000
3.1. Proximus reserves the right to amend the General Terms and Conditions, the Glossary, the Contractual Service Description Specific Terms and Conditions of the Service, and the technical features of the Products and/or Services, even if this affects the price or quality of the Service. Proximus shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus website and/or an enclosure with an invoice a bill shall be deemed to constitute appropriate means.
3.2. Aside from the price adjustment referred to in Article 6.1.2, customers who do not accept changes that are to their disadvantage may cancel the Order Form(s) affected by the changes in question without any compensation for breach of Agreement being due, provided that they inform Proximus in writing within fifteen (15) calendar days of receiving Proximus Proximus's notification.
3.3. Should any Belgian, Belgian or European or any other authorities or regulations require Proximus to amend the Agreement, or to refrain from supplying some or all of the Products and/or Services, Proximus shall have the right to provide for these amendments or to refrain from supplying the Products and/or Services without having to apply the procedure described above and without paying pay any compensation to the Customer. Such event is deemed to be a Force majeure event.
3.4. In case of circumstances beyond the Parties' control occurring after the conclusion of the Agreement and which are likely to result in a major imbalance between the obligations covered by the Agreement, the Parties shall be entitled to request a renegotiation of the Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of electricity or raw materials, a change in the customs duties, the tariffs of Proximus Proximus’s suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have the right to terminate the Agreement, without compensation being due, subject to giving three (3) months' notice.
Appears in 1 contract
Samples: General Terms and Conditions
AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. 3.1. The Customer acknowledges that the Service is based on a constantly evolving technology, Proximus reserves therefore the right to amend the General Terms and Conditions, the Glossary, the Contractual Service Description of the Service, Agreement and the technical features of the Products Product and/or ServicesService, even if this affects the price or quality of the Product and/or Service. Proximus shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus website and/or an enclosure with an invoice shall be deemed to constitute appropriate means.
3.2. Aside from the price adjustment referred to in Article 6.1.2, customers Customers who do not accept changes that are to their disadvantage may cancel terminate the Order Form(s) affected by the changes in question without any compensation for breach of the Agreement being due, provided that they inform Proximus in writing within fifteen (15) calendar days Calendar Days of receiving Proximus Proximus’ notification. If the Service remains unchanged or is improved for the same price following such an adaptation, the latters are not be deemed to constitute an amendment to the Agreement.
3.33.2. Should any Belgian, European or any other authorities or regulations require Proximus to amend the Agreement, or to refrain from supplying some or all of the Products and/or ServicesServices at the contractual conditions, Proximus shall have the right to provide for these amendments or to refrain from supplying the Products and/or Services without having to apply the procedure described above and without paying any compensation to the Customer. Such event is deemed to be a Force majeure event.
3.43.3. In case of circumstances beyond the Parties' control occurring after the conclusion of the Agreement and which are likely to result in a major imbalance between the obligations covered by the Agreement, the Parties shall be entitled to request a renegotiation of the Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of raw materials, customs duties, the tariffs of Proximus suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have the right to terminate the Agreement, without compensation being due, subject to giving three (3) months' notice.
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Samples: General Terms and Conditions
AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. 3.1. Proximus PROXIMUS ICT reserves the right to amend the General Terms and Conditions, the Glossary, the Contractual Service Description of the Service, and the technical features of the Products and/or Services, even if this affects the price or quality of the Service. Proximus PROXIMUS ICT shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus PROXIMUS ICT website and/or an enclosure with an invoice shall be deemed to constitute appropriate means.
3.2. Aside from the price adjustment referred to in Article 6.1.2, customers who do not accept changes that are to their disadvantage may cancel the Order Form(s) affected by the changes in question without any compensation for breach of Agreement being due, provided that they inform Proximus PROXIMUS ICT in writing within fifteen (15) calendar days of receiving Proximus PROXIMUS ICT notification.
3.3. Should any Belgian, European or any other authorities or regulations require Proximus PROXIMUS ICT to amend the Agreement, or to refrain from supplying some or all of the Products and/or Services, Proximus PROXIMUS ICT shall have the right to provide for these amendments or to refrain from supplying the Products and/or Services without having to apply the procedure described above and without paying any compensation to the Customer. Such event is deemed to be a Force majeure event.
3.4. In case of circumstances beyond the Parties' control occurring after the conclusion of the Agreement and which are likely to result in a major imbalance between the obligations covered by the Agreement, the Parties shall be entitled to request a renegotiation of the Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of raw materials, customs duties, the tariffs of Proximus PROXIMUS ICT suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have the right to terminate the Agreement, without compensation being due, subject to giving three (3) months' notice.
Appears in 1 contract
Samples: General Terms and Conditions
AMENDMENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT. 3.1. Proximus reserves the right to amend the General Terms and Conditionsprice of the Product and/or Service, the Glossary, the Contractual Service Description of the Service, Agreement and the technical features of the Products Product and/or ServicesService, even if this affects the price or quality of the Product and/or Service, in case of a valid reason thereto. The Parties agree that the following non- exhaustive cicrcumstances shall in any case be considered as a a valid reason: changes in the technology used, changes in prices charged by suppliers or subcontractors of Proximus, increase in other cost components of the Product and/or Service and regulatory changes. Proximus shall notify the Customer of such amendments at least one (1) month before their entry into effect, by any means it deems appropriate. The publication of a notice on the Proximus website and/or an enclosure with an invoice shall be deemed to constitute appropriate means.
3.2. Aside from the price adjustment referred to in Article 6.1.2, customers Customers who do not accept changes that are to their disadvantage may cancel terminate the Order Form(s) affected by the changes in question without any compensation for breach of the Agreement being due, provided that they inform Proximus in writing within fifteen (15) calendar days Calendar Days of receiving Proximus Proximus’ notification. If the Product and/or Service remains unchanged or is improved for the same price following such an adaptation, the latter are not deemed to constitute an amendment to the Agreement.
3.33.2. Should any Belgian, European or any other authorities or regulations require Proximus to amend the Agreement, or to refrain from supplying some or all of the Products and/or Services at the contractual conditions, - allowing Proximus to carry out any operation, by any means deemed necessary or useful for the preparation and execution of its obligations under the Agreement, without being required to consult the Customer beforehand; - designating one or a limited number of contact persons who possess the appropriate skills, knowledge and experience to oversee and assess the performance of the Service. The Customer acknowledges and accepts that any failure on his part to provide such cooperation may affect the provision of the Products and/or Services. Therefore, Proximus shall have declines any liability in case of late delivery of or damages insofar as this is attributable to the Customer or a third party. In addition, Proximus reserves the right to provide invoice at the then current rate any unncessary travel attributable to the Customer.
4.2. The Customer shall make a backup of all his data before the Service and/or Product is installed and take all the steps as are necessary to ensure that his equipment (including the software) is compatible with that of Proximus.
4.3. The Customer shall preserve the secrecy and confidentiality of any identification elements (including, but not limited to: password, user name, PIN code and PUK code.) provided to him. The Customer shall be solely responsible for all use of these amendments identification elements, even in the event of use resulting from the fortuitous or accidental disclosure of the said identification elements. Any use that is made of the Services after the registration of the identification elements shall be deemed to refrain from supplying have been made by the Customer or with the authorisation of the Customer. The Customer shall immediately notify Proximus and confirm by registered letter in the event of loss, theft or fraudulent use of any of these identification elements. . Proximus PLC under Belgian Public Law, Bd du Roi Xxxxxx XX 00, X-0000 Xxxxxxxx, VAT BE 0202.239.951, Brussels Register of Legal Entities, IBAN: XX00 0000 0000 0000, BIC: XXXXXXXX
4.4. The Customer shall be solely liable to Proximus and third parties for the use of the Service. The Customer undertakes to use the Products and/or Services without having with due diligence, for lawful purposes and in accordance with the provisions of this Agreement and any documentation provided by Proximus in relation with the Services and/or the Products and in accordance with the applicable legislation (including telecommunications and data protection rules if applicable) or any request, decision, instuction or order of a competent authority, and third party rights. The Customer shall refrain from making (and not allow third parties to apply make) any unauthoirzed, abusive or fraudulent use of the procedure described above Products and/or Services). The Customer shall not use the Product/Service or allow its use for the purpose of developing, enhancing or marketing any product or service that is competititive with the Product/Service. The Customer shall use the Products and/or Services only for his own account and without paying any compensation professional usage. Unless stated otherwise, use of the Products and/or Services by the Customer is limited to the Customerterm of the Agreement. Such event is deemed The Customer shall not under any circumstances transfer, resell, rent out, lend out or make available the Products and/or Services to be a Force majeure eventthird parties without the prior written consent from Proximus.
3.44.5. In case of circumstances beyond Before the Parties' control occurring after the conclusion submission of the Agreement Order Form and which are likely to result in a major imbalance between throughout the obligations covered by term of the Agreement, the Parties Customer shall comply with the prerequisites mentioned in the documentation put at its disposal by Proximus. In the event of non-compliance, Proximus shall not be entitled to request a renegotiation liable for the malfunctioning of the Service or Products, any possible Service Level Agreement in order to restore the initial balance. A major imbalance between the obligations of the Parties in the sense of this Article occurs if it is demonstrated that, following a change in the price of raw materials, customs duties, the tariffs of will no longer apply and Proximus suppliers or the exchange rates (for the conversion rate, the reference applicable shall be the conversion factor of the Central European Bank published daily on its official website), there is an increase or decrease of at least 10% in relation to the initial price. Upon failure to reach an agreement within three (3) months of a renegotiation of the Agreement being requested by one of the Parties, and provided that the latter was able to show the aforementioned impact of more than 10%, either Party shall have reserves the right to terminate suspend the Service or to invoice the Customer for any additional costs to remedy customer’s non-compliance with the prerequisites. The Customer recognizes that the Service is based on an ever-changing technology. Therefore, the Customer understands and accepts that Proximus or its suppliers may change, at any time, the specifications with which the prerequisites must comply without this being regarded as an amendment to the Agreement. The Customer shall comply with them, without compensation being dueat his own expense, subject to giving three (3) months' noticewithin the delay fixed by Proximus.
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Samples: General Terms and Conditions