Preliminary information
This site is the property of the company FLEXINA SRL, registered under number 0895.193.994, whose head office is located at boulevard de la Sauvenière 144, 4000 Liège Belgium.
The user of the website acknowledges having the skills and means necessary to access and use this site.
The user of the website acknowledges having verified that the computer configuration used does not contain any virus and that it is in perfect working order.
The user also acknowledges having read these general conditions of use of the site and agrees to comply with them without reservation.
1. Purpose of the Site
FLEXINA is positioned as a software company specializing in the architecture, design and development of e-business applications designed using Java, HTML5 and Adobe Flex platforms.
The FLEXINA site offers a description of its products but it essentially constitutes an e-business platform which makes it possible to acquire the rights of use (non-exclusive and non-transferable license) of certain FLEXINA software (hereinafter the "services ").
The simple consultation of the website is free and does not require any prior registration.
2. Applicability
These general conditions of use of the site apply to all users of the site.
If a provision of the conditions contained applies only to individuals or professionals, mention is made.
For professionals, these Conditions exclude the application of all other general conditions. In the event that the user of the site opts for the online acquisition of a license to use FLEXINA software, the ASP FLEXINA agreement also applies, but on a subsidiary basis, for matters not suffered or susceptible by the present conditions.
Any changes to these terms must be agreed to in writing.
3. Availability
FLEXINA implements appropriate means to ensure the availability of information and services accessible on its site but cannot be held responsible for the lack of availability of information and services or the presence of viruses on its site. .
4. Services (license of use) – Formation of the Contract
Any order for services is considered an offer by the customer to purchase the services, subject to these Terms.
FLEXINA accepts this offer under these conditions as soon as it confirms the order by email. on the ASP convention mentioned in article 2.
Without this express online agreement and without the order confirmation by FLEXINA, the parties are not bound by any contract.
5. Refusal of Contractor
FLEXINA has the absolute right to refuse to confirm an order for any reason it deems reasonable.
6. Duration of Service – Right of Withdrawal
Unless specific and written provisions, the license to use the software is acquired for a period of 3, 6 or 12 months.
30 days before the expiry date, FLEXINA invites the customer by email to decide on the renewal.
If the customer fails to react before the deadline, the license will not be tacitly renewed.
Under the terms of Belgian law and the principles of European law on distance selling, the individual is entitled to cancel his initial order without reason and without charge within 7 days of the confirmation email sent to him by FLEXINA.
In this case, the refund will be made in full and as soon as possible.
The right of withdrawal set out above does not apply to professionals as long as it is carried out in the context of a B2B transaction.
7. Price and Payment
The price of the services is mentioned in the FLEXINA offer and order confirmation.
The price to be paid by professionals does not include VAT but may be supplemented with certain taxes and / or other costs necessary for the acquisition of the services.
FLEXINA mentions very precisely the various elements that make up the price in the online acquisition process.
Unless otherwise agreed in writing, no service is performed by FLEXINA until payment is made.
Professionals get an invoice sent by post when they request it by email at info@flexina.co.
Failing this, the invoice is sent to them by Internet in email format.
In the event that they discover in the order confirmation and/or the invoice an error or anomaly in relation to their order, customers are required to contact FLEXINA directly.
8. Site – Limitation of Liability
FLEXINA implements appropriate means to make its site available but cannot be held responsible for errors, lack of availability of information and/or the presence of viruses on its site.
FLEXINA MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) FOR ACCESSIBILITY , ACCURACY, RELIABILITY, UPDATE OR CONTENT OF SITE PAGES. FLEXINA CANNOT, UNDER ANY CIRCUMSTANCES, BE HELD RESPONSIBLE FOR ANY DAMAGES, WHATEVER THEY MAY BE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR INCIDENTAL DAMAGES, LOSS OF PROFITS OR INTERRUPTION ACTIVITY RESULTING FROM THE USE OR INABILITY TO USE THIS SERVICE, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT VALID UNDER STATUTORY OR REGULATORY RULES IN CERTAIN COUNTRIES AND THIS EXCLUSION MAY THEREFORE NOT APPLY. IF SUCH IS THE CASE, FLEXINA'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Services – Limitation of Liability
FLEXINA cannot be held responsible for any damage whatsoever, direct or indirect, resulting from the use of its services, even if the possibility of the occurrence of such damage would have been informed. Are notably excluded from any guarantee the deprivation of enjoyment of the services, the loss of data, the loss of profit and the increase of the costs and expenses, including the expenses of reconstitution of files, operating losses, market losses , …
The liability of FLEXINA in the event of the occurrence of damage for any reason whatsoever and regardless of its basis (contractual or tortious) is expressly limited to the amount of the fee paid by the customer to benefit from the license of use of the services.
10. Services – Delivery Time
FLEXINA makes every effort to perform the services in a timely manner.
When no response time has been set, a period of 15 days is applicable.
FLEXINA cannot be held liable for direct and indirect damage resulting from the impossibility for FLEXINA to perform the services in a timely manner.
11. Intellectual Property
FLEXINA is the holder of all intellectual property rights relating to the services, content and configuration of the site as well as the domain name.
As a reminder, with regard to services (the license to use the software), the provisions of the ASP agreement relating to the protection of intellectual property rights apply in full.
12. Data Protection
FLEXINA collects, uses and disseminates personal data relating to the client or its employees in accordance with Belgian law and the FLEXINA Privacy Policy.
13. Privacy
Each of the parties, as well as their collaborators and subcontractors, is required to treat and use all the information it has received from the other party with the utmost confidentiality and, in any case, in the strict framework for the performance of their obligations.
Under no circumstances, except those required by law, may this information be communicated to third parties.
14. Consumer Rights
These Conditions have been drawn up in accordance with Belgian law and are regularly updated. If a clause of these Conditions should prove to be non-compliant with Belgian consumer protection legislation, the latter will prevail.
15. Changes
These general conditions of use of the FLEXINA site may be modified unilaterally by FLEXINA and are immediately applicable as soon as they are published on the site. Users are required to regularly check the publication of any new versions.
16. Applicable Law and Competent Judge
These conditions and any contractual relationship formed between FLEXINA and the user of the site are subject to Belgian law and, in the event of a dispute, to the jurisdiction of the competent courts of the judicial district of Liège.
