The present terms govern the relationship between StreamAnalyst (InternetOfficer SPRL, RPM 0862.225.872, avenue de Meysse, 115 in 1020 Brussels – Belgium) and the CLIENT or USER.
A CLIENT is any physical or moral person who has recourse to the services of StreamAnalyst in order to benefit, in return for payment, from the services offered on the pages of this Web site.
A USER is any physical or moral person who has recourse to any of the free services of StreamAnalyst.
A CONSUMER is any physical or moral person who uses the services offered by StreamAnalyst for any purposes that are not professional in nature or business-related.
Article 1. – Purpose
The services offered are provided by means of software designed and/or developed and/or used by StreamAnalyst. Their purpose is to provide statistical data for an Internet site designated by the CLIENT (the USER).
Since StreamAnalyst business activity is dynamic in nature, the services may be subject to any modification that StreamAnalyst deems necessary and any other services may be added.
An order by the CLIENT (the USER) for services implies acceptance of the present general terms.
Subscription to the service is for a limited period of time. Unless otherwise explicitly indicated, said period is for one year. Upon expiration, the subscription will be automatically renewed for another period of one year.
Either of the parties may terminate the contract in accordance with the provisions of Article 8.
Article 2. – CLIENT and USER Rights and Obligations
1. The CLIENT (the USER) agrees to provide StreamAnalyst with all information required for proper execution of the services. The CLIENT (the USER) is solely responsible for the accuracy of the information provided.
2. StreamAnalyst will in no case be liable for any information provided by the CLIENT (the USER), nor for any loss or damages that may derive from it.
3. The CLIENT (the USER) shall reimburse StreamAnalyst for any and all costs related to losses or damage caused by incorrect information provided by the CLIENT (the USER) or by a third party with access to the account of the CLIENT (of the USER).
4. Pursuant to Article 79 §1 of the Law of 14 July 1991, the CONSUMER shall have the right to notify the vendor that he has decided not to make the purchase (subscribe to the services), without penalty and without justification, within seven business days as of the day following execution of the service contract.
5. However, the CONSUMER has no right to decide not to make the purchase (subscribe to the services), if he has ordered execution of the services before expiration of the seven-day period stipulated in Point 4 (application of Article 80 §4.1 of the Law of 14 July 1991).
Article 3. – StreamAnalyst Rights and Obligations
StreamAnalyst reserves the right to change, without prior notice:
– the scope of services provided to the CLIENTS (the USERS);
– the charge for services, especially due to periodic indexation;
– the present general terms.
The CLIENT (the USER) shall be informed of changes via the StreamAnalyst site: www.StreamAnalyst.com and/or by e-mail.
Article 4. – Confidentiality
1. In the context of the service provided by StreamAnalyst
a) Personal data related to the CLIENT (the USER) will be recorded in the files of StreamAnalyst. The CLIENT (the USER) shall have the right to access and correct this information.
b) This data shall be handled by StreamAnalyst in the context of customer management, market studies and for the purpose of carrying out promotional campaigns regarding its products and services. The CLIENT (the USER) may, by e-mail or by post, prohibit the use of this information by StreamAnalyst for promotional purposes.
c) In the context of its services, StreamAnalyst agrees to handle data of the CLIENT (the USER) pursuant to national and international provisions including, among others, the Belgian law of 8 December 1992 concerning protection of privacy in terms of the handling of personal data (M.B., 18 March 1993) modified by the Law of 11 December 1998 (M.B., 3 February 1999).
d) StreamAnalyst shall not disclose to a third party, nor share, nor sell any information concerning the e-mail addresses and other identification data of the CLIENT (the USER) without its consent and without it being informed of the reason for doing so.
2. Regarding the secure means of payment
StreamAnalyst uses the services of a secure payment process provider. For this purpose, the CLIENT is redirected by the www.StreamAnalyst.com site to the site of the process provider.
Under these terms, StreamAnalyst assumes no engagement nor any liability regarding use of the data provided by the CLIENT to this service provider.
Article 5. – Good Conduct
1. StreamAnalyst assumes no liability and makes no commitment of any sort regarding the content of the Web site designated by the CLIENT (the USER) (“the site analysed”) or of any sites whose hyperlinks appear in the statistics (“the linked sites”).
StreamAnalyst does not in any way verify the contents of the sites analysed nor the contents of linked sites.
It is expressly agreed that the CLIENT (the USER) may not hold StreamAnalyst liable in the event that the contents of a linked site does not correspond, or no longer corresponds, to the needs of the CLIENT (the USER) or, more precisely, contains information that it is illegal to consult or that infringe on the public good and standards of decency.
2. The CLIENT (the USER) shall not use StreamAnalyst in an offensive manner, meaning a manner that my infringe on the freedom of others, nor for ends that are illegal or contrary to the public good and standards of decency.
The CLIENT (the USER) agrees to not use the services provided by StreamAnalyst for the following purposes, without this list of examples being exclusive:
– use of StreamAnalyst that is in violation of local and international laws, with those laws being Belgian laws or laws applicable in each country.
– distribution by means of StreamAnalyst services of any content that is illegal, obscene, offensive, misleading, fraudulent, or contrary to the public good;
– distribution by means of StreamAnalyst services of content that may infringe on intellectual property rights, or the rights of third parties, including trademarks and copyrights;
– distribution by means of StreamAnalyst services of material that is libellous or negative in relation to StreamAnalyst and its associated companies, or in relation to any other person or company;
– use of StreamAnalyst services for the purpose of transmitting material containing viruses, “Trojan horses”, “worms”, “time bombs”, or any other program that may damage electronic systems at the destination of the contents;
– unauthorised attempts to gain access to StreamAnalyst services, to the accounts of other CLIENTS (USERS) of StreamAnalyst, or to the computers and networks connected to StreamAnalyst, by pirating passwords or by any other method;
– use of the services for any purposes in violation of penal codes, civil statutes or the public good.
Article 6. – Limitation of Liability
2. If StreamAnalyst should have good reason to believe that the CLIENT (the USER) is breaching the abovementioned rules of good conduct, the services may be interrupted immediately. In such event, StreamAnalyst agrees to make every effort to contact the CLIENT (the USER). Any CLIENT (USER) having made use of the services provided by StreamAnalyst in a manner not pursuant to the rules of good conduct stipulated in Article 5 shall not be entitled to reimbursement for interruption of service.
3. StreamAnalyst and/or its suppliers may in no case by held liable for direct, indirect, or incidental damages, or indemnities awarded as a penalty, as incidental, special or any other type of damages, especially resulting from a loss of use, data or benefits deriving from a delay in, or the use or operation of www.StreamAnalyst.com, or from inability to access it, and from the provision or a failure to provide the services, including both third parties and the CLIENT (the USER).
4. The information and services included on www.StreamAnalyst.com may contain technical inaccuracies and typographical errors. This information and these services will be periodically subject to change. StreamAnalyst and/or its suppliers may have cause, at any time, to make improvements and/or changes to www.StreamAnalyst.com without prior notice.
5. The CLIENT (the USER) is obliged to hold StreamAnalyst safe from any action emanating from a third party in relation to the use of the services provided by StreamAnalyst. This guarantee especially implies that the CLIENT (the USER) shall assist StreamAnalyst in its defence and shall provide it with full reimbursement for any damages paid as a result of such defence (in particular, court costs, possible indemnities, etc.).
Article 7. – Means and Terms of Payment
StreamAnalyst uses a secure payment service provider to receive payment by the CLIENT for subscription to its services .
The services shall be provided to the CLIENT within 72 hours of receipt by StreamAnalyst of full payment.
All invoices must be paid by their due date. Any invoice not paid by the due date shall be automatically, legally and without prior notice subject to a monthly addition of 1.5% of the total amount net VAT (with any month begun counting as a full month). Additionally, legally and without prior notice, a flat-rate penalty of 20% of the invoice amount shall be due, at a minimum of 12 euros and a maximum of 1,200 euros; and with any taxes and possible processing fees to be borne by the CLIENT.
Moreover, in the event of non payment of a StreamAnalyst invoice by the due date, services may be cut off by StreamAnalyst and will consequently be inaccessible.
The CLIENT may, upon payment of unpaid invoices and late-payment charges, request reactivation of the StreamAnalyst services.
Any administrative, technical or other charges related to late payment and/or deactivation of services shall be borne entirely by the CLIENT.
Article 8. – Termination of the Contract
1. The CLIENT may terminate the present contract by e-mail with prior notice of one month before expiration of the subscription. Under no circumstances will the CLIENT be reimbursed. Only the sending of a message-received receipt by StreamAnalyst will attest to termination of the contract by the CLIENT.
2. StreamAnalyst may terminate the present contract by an e-mail sent to the CLIENT. In this case, the CLIENT shall be reimbursed on a pro rata basis for the period remaining up to expiration of the contract. Said reimbursement shall be paid within thirty days following notice of contract termination.
However, if the CLIENT fails to observe the rules of good conduct covered by the present, StreamAnalyst may immediately terminate the present contract following the rules and procedure stipulated in Article 6, Paragraph 2.
3. The CLIENT agrees that if the contract has not been terminated at least one month before the end of the subscription period, it shall be automatically renewed. The CLIENT shall thus agree to pay for the subsequent subscription period of one year.
Article 9. – Force majeure
Neither the CLIENT nor StreamAnalyst shall be liable for breach of, or delay in fulfilling, the obligations deriving from this contract in the event of a case of force majeure such as is normally defined by case law. Financial inability on the part of the CLIENT to pay the cost of WebStat1’s services shall not be considered a case of force majeure.
Article 10. – Final Clauses
Article. 11 – Applicable Law – Jurisdiction
Any dispute related to the present, its interpretation or execution shall, in the absence of an amicable resolution, be subject to the exclusive jurisdiction of the courts and tribunals of Brussels.