GENERAL TERMS AND CONDITIONS
Art. 1. Object
These General Terms and Conditions apply to all sales by ANTASER BV, whose registered office is at Duboisstraat 46 B-2060 Antwerpen and which is entered in the Register of Legal Persons in Antwerp. Any other General Terms and Conditions, including the customer’s, other Party to the Agreement, will not be applicable.
ANTASER BV may amend these General Terms and Conditions insofar it has been notified to the customer, under the Agreement. Such notification will happen automatically at a next login by the Customer but may also be given by way of a statement on an invoice or by electronic or regular mail. Unless some other date has been specified, such amendments will come into effect one (1) month after receipt of the notification.
Art. 2. Provision of services
- ANTASER BV will perform its contract according to the rules of the art applicable in its sector and will do everything practicable to achieve the desired results and attain the objectives set down under the project.
- Should either party fail to respect these Standard Terms and Conditions, the other party may send official notice by recorded delivery post setting out the shortcomings or breaches and the items that are not in conformity to contract. If the defaulting party fails to remedy the shortcoming or breach within two weeks of that official notice, the complainant will be entitled to rescind the project with immediate effect.
Art. 3. Price and payment terms
- The price is set out on ANTASER BV's website.
- The payment must be made anticipatively by electronic funds transfer into ANTASER BV's bank account and the possible bank costs linked to these transactions have to be paid by the user. The bank deposits must mention the structured message linked to each user’s account, delivered by its system, and can always be consulted under the rubric "credits/how to increase my credits" of the customer's online environment. In its absence an administrative fee of 100 EUR will be subtracted from the user's account.
- Once an ECTN/SPN has been pre-validated, credits have been deducted and cannot be reimbursed.
- A request for a refund of unused credits should be done by sending an email to: accounts@antaser.com
- Any complaint must be registered with ANTASER BV by recorded delivery letter within eight (8) days following the payment.
Art. 4. Intellectual property rights
Unless otherwise agreed, all rights of ownership over the results obtained, recommendations made, reports, studies or analyses carried out and data provided, as well as over the electronic "Cargo Tracking System" will remain the property of ANTASER BV.
Art. 5. Confidentiality
- Confidential information will be construed as any technical or commercial information constituting a trade secret, manufacturing secret etc. and shall include any disclosure or opinion linked to the parties' personal sphere.
- Unless authorized in writing by the disclosing party, the parties undertake that (a) they will not use, reproduce or distribute such information, either directly or indirectly, orally or in writing, outside the context of the project or order and (b) they will take all measures necessary to avoid such information being disclosed to others, with the exception of members of their staff requiring to use it to carry out the project or fulfil the order.
- The duty of restraint does not apply if the party to which the information was given can produce evidence that the information was in the public domain, that it knew it already or that it obtained it legally from a third party that was not under a confidentiality obligation.
- The party to which the information was given will indemnify the party providing the information against any loss or harm that the latter might suffer due to non-compliance by the former of the commitments as set out in this article.
Art. 6. Liability
- ANTASER BV’s liability in contract and tort will in all events be limited to making good any existing losses that are the immediate and direct consequence of willful breach of a duty of care on its part or the part of its staff or subcontractors and will be limited to the amount invoiced for the product or contract performance over the last twelve (12) months with a maximum of EUR 250.
- ANTASER BV will in no event be liable for losses of (or damage to) data, loss of business, loss of profit, loss of income, loss of goodwill or clientele (including losses caused to reputation or image) or the loss of savings that had been relied on or the consequences of use by the customer of the results, reports, recommendations, or other data provided by ANTASER BV.
Art. 7. Acts of God
- The parties will not be liable for delays or omissions in the performance of their obligations where such delays or omissions are due to an act of God.
- "Act of God" means any unforeseeable event outside the parties' control that could not be avoided despite reasonable efforts being made.
- This will also be the case when ANTASER BV was not informed by the State authorities of having lost its State license or permit, and as a consequence continued in good faith its activities for customers.
- Should an act of God endure for more than two months, both parties may terminate the project or rescind the order by recorded delivery letter, and in that case no compensation will be due.
Art. 8. Applicable law and jurisdiction
These General Terms and Conditions are governed by Belgian law. Disputes will be subject to the exclusive jurisdiction of the Antwerp courts.