- Beware of phishing emails from Digi Hosting
In these General Terms and Conditions, as well as in all related legal relationships, the following terms are capitalized and defined as follows:
1.1 Digi Company: The legal person under Belgian law, registered in the Crossroads Bank for Enterprises (CBE) under the enterprise number 0749.684.888, holding the commercial name "Digi Hosting", being the provider of the Services and the Customer's contractual counterparty.
1.2 Customer: Any natural person, legal entity or de facto unincorporated association that is in a pre-contractual or contractual legal relationship with Digi Company, regardless of whether a formal Agreement has already been effected.
1.3 Consumer: The Customer, being a natural person, acting exclusively for purposes alien to his commercial, industrial, artisanal or professional activity, as defined in the Code of Economic Law (WER).
1.4 Services: The totality of the work and deliveries of a digital nature performed or to be performed by Digi Company, including, but not limited to: shared web hosting, the facilitation of domain name registrations at various registries, electronic communication services, Virtual Private Servers (VPS), SSL certification, as well as all related technical support and related infrastructural facilities.
1.5 Agreement: Any present or future legally valid commitment between Digi Company and the Customer, whether in writing or by electronic means (remote), including all addenda, amendments and the integral applicability of these General Terms and Conditions.
1.6 Written: The written recording of communications, which expressly includes digital correspondence by e-mail in addition to the physical medium, provided that the authenticity of the origin and the inviolate integrity of the content are reasonably assured.
1.7 Parties: Digi Company and the Customer jointly.
2.1 Universal Scope and Unconditional Consent These General Conditions apply by right to every pre-contractual legal relationship, every offer, every quotation, every electronic order and every definitively effected Agreement between Digi Company and the Customer. By the mere act of placing an order, or by the actual commissioning of the Service(s), the Customer irrevocably and unreservedly agrees to the integral content and exclusive applicability of these conditions.
2.2 Exclusivity and Rejection of Third Party Terms. These terms and conditions, together with the specific service description contained in the order confirmation or billing, constitute the complete and exclusive representation of the rights and obligations of the Parties (the Entire Agreement Clause). The applicability of any general or specific (purchase) conditions of the Customer, under whatever name, is hereby expressly and categorically precluded and rejected. Deviations from these conditions shall only be opposable to Digi Company if they are cumulatively initialled and accepted in writing, explicitly and in advance by an authorized representative of Digi Company.
2.3 Electronic Availability and Durable Carrier Within the framework of the electronic conclusion of the Agreement, these General Terms and Conditions are facilitated to the Customer in advance by electronic means. The Customer acknowledges that the Terms and Conditions have been made available in such a way that they can be easily stored on a durable data carrier for later consultation and unaltered reproduction.
2.4 Divisibility (Salvation Clause) If any provision of these terms and conditions should be declared void, invalid or unenforceable by a competent court, this shall not affect the validity and enforceability of the remaining provisions. In such a case, the parties undertake to replace the invalid provision with a legally valid provision that comes as close as possible to the original rationale and economic purpose of the initial provision.
3.1 Integral Constituents of the Legal Relationship. The Customer expressly acknowledges that the Agreement is not governed solely by these General Terms and Conditions, but also by a series of specific policy documents and regulations. The Customer declares that it has irrevocably taken cognizance of and fully submits to the current versions of the following documents, which are considered inseparable and accessory parts of the Agreement:
Privacy Policy: The mandatory provisions regarding the processing of personal data of the Customer in accordance with the General Data Protection Regulation (GDPR). Read the Privacy Policy.
Acceptable Use Policy (AUP): The limitative and indicative rules of conduct and usage restrictions regarding Digi Company's infrastructure facilities and network. Read the Responsible Use Policy.
Customer Data Policy: The contractual provisions regarding legal title, data integrity and modalities regarding data retention and backup facilities. Read the Customer Data Policy.
Processor Agreement: The agreement required by Article 28 AVG in the event Digi Company processes personal data on behalf of and under the responsibility of the Customer. Read the Processors' Agreement.
Domain progression Policy: The specific procedural modalities and deadlines regarding the expiration and possible rectification of domain name registrations. Read the Domain Progression Policy.
Service Level Agreement (SLA): The qualitative performance indicators, availability guarantees and resulting limiting remedies. Read the Service Level Agreement (SLA).
3.2 Knowability and Hierarchy All the aforementioned documents are facilitated electronically to the Customer through Digi Company's official website. The Customer bears the active duty of care to periodically ascertain any updates in these documents. In the event of any inconsistency between these General Terms and Conditions and the specific policy documents, the provisions of these General Terms and Conditions shall prevail, unless expressly agreed otherwise in writing.
4.1 Perfection of the Agreement The Agreement is deemed irrevocably established at the moment the Customer has completed the digital ordering procedure on the Digi Company interface and Digi Company has validated this order by means of an electronic order confirmation. However, Digi Company reserves the sovereign right, without giving reasons, to refuse orders or to demand additional verification from the Customer before proceeding with execution.
4.2 Suspensive Condition of External Performance If the facilitation of a Service or Product requires the intervention or delivery by an external entity (including, but not limited to: registries, licensors or hardware suppliers), the Agreement is entered into under the express condition precedent of availability and feasibility by the relevant third party.
4.3 Unavailability and Binding Power In the scenario where a Service, after the initial order confirmation, appears to be unavailable due to external factors beyond Digi Company's control, Digi Company is entitled to unilaterally terminate the Agreement within a period of five (5) working days after becoming aware of it, without judicial intervention. In such case, Digi Company shall inform the Customer immediately and proceed to refund the pecuniary performances already paid, without the Customer being able to claim any additional damages or interest.
4.4 Price fluctuations by Third Parties If an external supplier changes the rates for a specific component of the Service in the time frame between the order confirmation and the actual delivery, Digi Company shall notify the Customer. In that case, the Customer has the right of choice to continue the Service at the revised rate, or to terminate the Agreement with immediate effect, free of charge. In the absence of a written response from the Customer within forty-eight (48) hours of the price notification, the Customer shall be deemed to have tacitly accepted the price revision.
5.1 Pricing and Tax Provisions. All rates communicated by Digi Company are expressed in Euro (€). Unless explicitly stated otherwise, these are prices excluding value added tax (VAT). For the Consumer, the total pecuniary obligation, including the VAT legally due and any additional taxes or duties, will be communicated unambiguously during the final stage of the digital order process (checkout). The then displayed total price is binding.
5.2 Exclusive Prepaid Regime The legal relationship between the Parties is based on a strictly prepaid model. Unless a different modality is stipulated in writing, the Customer is bound to pay the fee in full prior to the initial delivery, activation or renewal of the Service. Performance of the commitment by Digi Company is suspended as long as the amounts due have not been effectively credited to Digi Company's bank account.
5.3 Right to Unilateral Price Revision. Digi Company reserves the sovereign right to revise its rates periodically. Such price changes shall be effected at the time of contractual renewal. The Customer is deemed to have been notified of the prevailing rates through the submission of the Pro Forma invoice for the following period. Payment of this invoice constitutes irrevocable acceptance of the revised tariff. Failing payment, the Agreement shall be terminated by operation of law in accordance with Article 8.
5.4 Fraud Control and Verification Procedures. Digi Company maintains a zero tolerance policy regarding payment irregularities.
Inquisition Law: Digi Company is entitled to subject each transaction to stringent scrutiny for fraud indicators (including, but not limited to: anomalies in IP geolocation, the use of anonymization networks such as VPN/Proxy, or unusual patterns in card transactions).
Identity Verification: In case of reasonable doubt as to the legitimacy of a transaction or the identity of the Customer, Digi Company is entitled to immediately suspend the performance of its services (exceptio non adimpleti contractus) until the Customer has proved the authenticity of his identity and the legitimacy of the payment method used by means of irrefutable evidence (e.g. official identification documents).
Sanction for Fraud: If proven fraud is established, or a serious suspicion thereof, the Agreement shall be terminated with immediate effect and without prior notice of default. Digi Company reserves the right to incorporate the relevant data in national and international fraud registries and to immediately report to the competent authorities.
Exoneration: Under no circumstances shall Digi Company be liable for any adverse consequences, delays or alleged damages resulting from the exercise of its verification powers or the cancellation of orders on suspicion of illegality.
6.1 Indicative Character of Deadlines. All delivery deadlines and completion dates communicated by Digi Company have only a indicative and informative purport. They are provided to the best of our ability, but can under no circumstances be qualified as a deadline (terme de rigueur), unless otherwise expressly agreed in writing between the Parties to a binding obligation to achieve a result.
6.2 Exclusion of Delay Damages. The mere exceeding of an indicative deadline does not constitute default on Digi Company's part and does not entitle the Customer to any form of compensation, price reduction or the unilateral rescission of the Agreement.
6.3 External Factors and Force Majeure Delays inherent in the technical nature of the Service, including but not limited to: the global propagation of the Domain Name System (DNS), the processing times of external registration authorities (registries), or delays resulting from the fraud verification procedures as described in Article 5.4, can never be attributed to Digi Company. The Customer acknowledges that the actual availability of digital products depends on infrastructural variables beyond Digi Company's actual power and control.
7.1 Normative Terms of Use (Acceptable Use) The Customer undertakes to use the Services in accordance with the standard of care of a "good family man" (bonus pater familias). This includes strict compliance with the laws in force, public order, morality, as well as the Responsible Use Policy (AUP) integral to this Agreement. Any act that compromises the integrity or stability of Digi Company's or third parties' systems will be considered a substantial contractual default.
7.2 Prohibition of Illegal and Malicious Activities The use of the Services for criminal conduct is irrevocably prohibited. Digi Company maintains a strict Zero Tolerance-policy. Prohibition includes, but is by no means limited to:
Cybercrime: Phishing, identity theft, distribution of malware (viruses, trojans, ransomware), exploitation of botnets and facilitation or execution of (D)DoS attacks.
Illegal Content: Hosting, accessing or distributing child pornographic material, violent content contrary to public order, or material that incites hatred or discrimination.
Intellectual Property Infringements: Facilitating copyright infringements (e.g.. warez, illegal streaming services or unauthorized software distribution).
7.3 Unilateral Sanction Powers and Immediate Exclusion. If Digi Company makes the objective determination or has a well-founded suspicion of a violation of Section 7.1 or 7.2 - or if Digi Company faces external complaints (Abuse Notifications, DMCA notifications, reports from judicial authorities or spam monitoring) - Digi Company is entitled, at its discretion and without prior notice:
Immediately and completely suspend access to the Services (Suspension).
Terminate the Agreement with immediate effect and without judicial intervention to the detriment of the Customer due to a serious attributable failure (Termination).
Delete files, databases or websites that facilitate the infringement immediately or place them in a protected quarantine environment.
Transfer the relevant data and evidence to the appropriate police or judicial authorities.
7.4 Exclusion of Restitution and Indemnification of Damages. In the cases described in this article, any claim for restitution, pro rata compensation or reimbursement of prepaid funds is irrevocably excluded, regardless of the remaining term of the contractual period. The Customer shall be fully liable for all direct and indirect damages, including reputational damage, legal costs and administrative intervention costs (billed at the then current hourly rate), which Digi Company suffers as a result of the Customer's breach.
8.1 Certain Duration and Term Determination. The Agreement is effected for an immutable, definite term, as selected by the Customer during the initial order process (the "Initial Term"). This term is the basis for the Customer's pecuniary commitment.
8.2 Modalities of Renewal The Agreement is not tacitly renewed unless the Customer has explicitly opted for an automated renewal method (such as, but not limited to: credit card authorization or a SEPA authorization framework).
8.3 Renewal by Active or Automated Payment. In order to ensure continuity of the Service(s), the Agreement will be renewed according to the following modalities:
Manual Renewal: The full and timely payment of the Pro Forma invoice by the Customer is qualified as an irrevocable expression of will to enter into a new Agreement.
Automated Renewal: If the Customer has configured a persistent payment method (e.g., credit card), the Customer irrevocably authorizes Digi Company to collect the funds due for the new term. The maintenance of this automated authorization until the time of collection is legally equated to an express request by the Customer for immediate continuation of the Service.
Expiration of Revocation: The Customer acknowledges that the (automated) execution of the payment immediately activates/continues the Service for the new period. Consequently, the Customer waives any right of withdrawal with respect to this new period. If the collection is made within the valid revocation period of the previous period, this is considered as a final acceptance of the Service, whereby the right of revocation for the entire legal relationship expires ex-nunc.
8.4 Responsibility to Cancel The mere fact that a payment is automated does not relieve the Customer of his active duty of care. The Customer is exclusively responsible for the timely deactivation of automated payment profiles in the customer interface if he does not wish to effect the renewal. Already executed automated collections are irreversible and do not lead to a refund.
8.5 Automatic Expiration and Exoneration for Failure of Debit If an automated direct debit fails (e.g., due to credit card expiration or insufficient balance), the regime of Article 8.4 of the previous version resumes: the Service will be deactivated by operation of law upon expiration without any liability on the part of Digi Company for any resulting data corruption or loss.
9.1 Deadline for Payment. Each invoice, being a final invoice or a Pro Forma renewal invitation, is due within the period specified on the document. This time limit is qualified as a deadline. If payment is not made in full by this deadline, any discounts allowed shall expire and all other outstanding claims against the Customer shall become due immediately and by operation of law.
9.2 Notice of Default and Contractual Default. If the Customer fails to honor its pecuniary obligations in a timely manner, the following default regimes shall apply:
Consumers: In accordance with Book XIX of the Code of Economic Law (CCC), in the event of non-payment, the Consumer will receive a notice of default free of charge. After the expiration of a grace period of fourteen (14) calendar days, commencing on the third business day after shipment (or the day following electronic shipment), the Consumer shall be in default by operation of law.
Professional Clients: For non-consumers, default occurs by the mere expiration of the due date, without prior notice of default being required (dies interpellat pro homine).
9.3 Lump-sum Damages and Moratory Interests Failure to pay within the time specified in the reminder, the following penalties shall apply cumulatively:
Compensation (Consumers): A lump-sum compensation limited to the legal maximums of Art. XIX.4 WER:
€ 20.00 if the balance due is less than or equal to € 150.00;
€ 30.00 plus 10% of the amount above € 150.00 for balances between € 150.01 and € 500.00;
€ 65.00 plus 5% of the amount above € 500.00, with an absolute ceiling of € 2,000.00.
Compensation (Professionals): A flat fee of 10% of the invoice amount with an incompressible minimum of € 40.00 in accordance with the Law on Combating Late Payment in Commercial Transactions.
Interests: The Customer shall automatically owe default interest at the legal reference interest rate (increased by 8 percentage points for professional customers).
9.4 Preclusive Protest Period. Any dispute relating to the prepared invoice must, under penalty of inadmissibility and loss of rights, be brought to Digi Company's attention within a preclusive period of eight (8) calendar days from the invoice date by registered letter or by reasoned electronic mail (support@digi.hosting). After the unused expiration of this period, the Customer shall be irrefutably deemed to have unconditionally and fully accepted the invoice and the performances described therein. A protest does not suspend the Customer's payment obligation.
10.1 Right of withdrawal and Exgratia Refund period In accordance with legal provisions, the Consumer enjoys a right of withdrawal of fourteen (14) days. Digi Company extends this period on exgratia basis to a total commercial reflection period of thirty (30) calendar days ("Non-Good Money-Back Guarantee") from the day following the formation of the Agreement. This term relates only to the initial purchase of hosting services and is subject to the restrictions listed below.
10.2 Modalities of Exercise. In order to validly exercise the right of withdrawal, the Consumer must notify Digi Company of his decision to cancel the Agreement by an unequivocal, unequivocal statement (preferably electronically at support@digi.hosting). After validation of the revocation, Digi Company will refund the pecuniary services already received within the statutory period of fourteen (14) days using the same currency and payment method as used in the initial transaction.
10.3 Absolute Exclusions from Revocation. The Customer expressly acknowledges and accepts that the right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law (CCC), is completely and irrevocably excluded in the following cases:
Domain name registrations: Given the personalized nature and immediate execution at third parties (registries), the Customer agrees to the immediate execution of the registration. The right of withdrawal expires the moment the registration order is technically effected by Digi Company.
Digital Content Services: Services that are not delivered on a tangible medium and whose performance has begun with the express prior consent of the Customer.
Fully Performed Services: Services fully performed at the Customer's request within the withdrawal period.
Customization: Products or services manufactured according to specific instructions from the Customer.
10.4 Forfeiture on Renewal and Payment. In accordance with Article 8.3 of these Terms and Conditions, the payment of a renewal invoice (either manually or by automated debit) shall be considered as an express confirmation of the Service and a request for immediate continuation for a new term. At the time of this payment, a definitive waiver of the right of withdrawal for both the new term and for the ongoing withdrawal term of the previous period is made. The "Not-good-money-back guarantee" therefore expires in its entirety with any form of contractual renewal.
10.5 Forfeiture for Contractual Default (Abuse). Notwithstanding Article 10.1, any right to revocation or refund expires retroactively (ex tunc) if Digi Company finds a violation of the provisions contained in Article 7 (Abuse and Crime) or the Responsible Use Policy (AUP). Termination for non-performance by the Customer takes precedence over the revocation period, whereby the Customer loses all claim for refund.
11.1 Status of Intermediary and Attachment to Third Parties. Digi Company executes domain name registration in the capacity of intermediary (mandatary) between the Customer and relevant competent authorities (including, but not limited to: DNS Belgium, SIDN, AFNIC, ICANN). The Customer irrevocably agrees to be bound by the terms and conditions and regulations of the respective registries. The Customer acts as the exclusive legal title holder of the domain name; Digi Company merely fulfills the role of technical administrator.
11.2 Uncertainty of Registration and Exoneration The mere submission of an order, as well as the effectuation of payment by the Customer, in no way constitutes a guarantee of successful registration.
Priority principle: The Customer acknowledges that domain name registrations are made on the principle of "first come, first served". Digi Company accepts no liability if a domain name is registered by a third party between the time of the order and the actual technical processing.
Data validity: Any liability of Digi Company for damages resulting from the provision of incorrect, incomplete or unlawful data by the Customer is completely excluded.
11.3 Administrative Sanction and Indemnification. If the registration procedure fails or must be cancelled as a result of an act or omission attributable to the Customer (including, but not limited to: attempting to register domains that are already occupied, providing invalid contact information, or infringing third-party intellectual property rights), the Customer shall automatically owe a flat administrative fee of € 20.00 per incident. This compensation does not affect Digi Company's right to claim compensation for actual damages and costs already remitted to external agencies.
11.4 Intellectual Property and Indemnification. The Customer unconditionally indemnifies Digi Company against all claims by third parties resulting from an alleged infringement of trademark rights, trade name rights or any other intellectual property right in connection with the domain name selected by the Customer. Digi Company is not bound to any verification regarding the legality of the name selected by the Customer.
12.1 Limitation to Direct Damages and Pro-Rata Compensation. Except in cases of intent or gross negligence on Digi Company's part, Digi Company's contractual and extra-contractual liability shall at all times be strictly limited to compensating only direct damage.
The total cumulative damages for which Digi Company may be held liable due to an attributable failure in the Services shall be limited to a pro-rata refund of the subscription fees actually paid by the Customer for the specific Service during the actual period of proven unavailability. In no event shall this compensation per incident exceed the amount paid by the Customer for the relevant Service in the month prior to the injurious event, with an uncrossable absolute maximum of € 250,00 per claim or series of related claims.
12.2 Categorical Exclusion of Indirect and Consequential Damages. Any liability of Digi Company for indirect damage is expressly and irrevocably excluded. Indirect damages include, but are not limited to:
Consequential damages (consequential losses);
Lost profits, lost savings or missed commercial opportunities;
Loss of clientele or impairment of business reputation and goodwill;
Damages resulting from business interruption, inactivity or wage costs of personnel/third parties;
The corruption, mutilation or permanent loss of (company) data and digital assets.
12.3 Indemnification by the Customer. The Customer agrees to fully indemnify and hold Digi Company harmless from all third party claims, demands, actions and proceedings related in any way to the Customer's use of the Services. This indemnification obligation specifically extends to:
Claims regarding the nature or illegality of content hosted by Customer;
Infringements of intellectual property rights (including copyright, trademark and patent rights);
Violations of privacy laws (AVG/GDPR) by the Customer in its capacity as a data controller;
Computer crime or abuse committed through the infrastructure purchased by the Customer.
12.4 Expiration of Legal Action Any legal claim by the Customer against Digi Company shall expire by the mere expiration of six (6) months after the initial determination of the injurious event, failing a formal and legally valid notification within this preclusive period.
13.1 Exclusive Responsibility for Data Content. The Customer bears integral and exclusive responsibility for the nature, content, management and legality of all digital data accessed or stored via Digi Company's infrastructure. Digi Company's role is strictly limited to that of mere technical facilitator of storage capacity (hosting). Digi Company does not exercise editorial control or active monitoring of Customer's data.
13.2 Duty of Diligence and Exoneration Third Party Software (JetBackup) It falls under the strict diligence obligation of the Customer to generate external backups of all website files, electronic correspondence (e-mail) and databases on a proprietary, separate storage medium on a regular basis.
Third Party Resources: The Customer acknowledges that Digi Company uses third-party vendor software (including, but not limited to: JetBackup).
No Results Commitment: This functionality is provided purely as an additional tool (best effort) offered. Under no circumstances does Digi Company guarantee the error-free operation, timeliness or integrity of the backups generated by this software.
Exclusion Software Errors: Any liability of Digi Company for damages resulting from software defects, bugs, failing scripts or shortcomings in JetBackup (or similar applications) is completely excluded.
Data loss: Digi Company assumes no liability for the corruption, mutilation or permanent loss of data, regardless of cause. Any backups made by Digi Company do not constitute a contractual guarantee of recovery.
13.3 Security Duty and Software Maintenance (CMS). The Customer is irrevocably responsible for the adequate security of the applications he uses. This includes the immediate installation of security updates for Content Management Systems (e.g., WordPress, Joomla), plug-ins, themes and scripts.
Preventive Quarantine: If Digi Company determines that the Customer's web site has vulnerabilities, has been compromised (hacked) or is being used for malicious purposes, Digi Company reserves the right to suspend the Service immediately and without notice. quarantine place (deactivation).
Remediation costs: The costs associated with the detection, unblocking and possible remediation of a compromised environment shall be borne entirely by the Customer and will be billed at the prevailing hourly rate for technical interventions.
14.1 Exclusive Retention of Title. All rights of intellectual and industrial property - including, but not limited to: copyrights, trademark rights, database rights, patent rights and trade secrets - with respect to the software, source codes, server configurations, scripts, web site designs, interfaces, documentation, as well as all preparatory material thereof, made available by Digi Company, belong exclusively and exclusively to Digi Company or its respective licensors. Nothing in this Agreement is intended to transfer any intellectual property rights to Customer.
14.2 Limited and Temporary Right of Use. The Customer only acquires a non-exclusive, non-transferable and non-sublicensable right of use with respect to the materials made available. This right of use is strictly limited to the purposes inherent in the normal use of the Services and is limited to the effective duration of the Agreement.
14.3 Prohibition of Reverse Engineering and Reproduction. The Customer is expressly prohibited from copying, reproducing, disclosing, modifying, decompiling or adapting any software or scripts provided by Digi Company to reverse engineering subject, unless and to the extent permitted by mandatory provisions of law.
14.4 Customer Intellectual Property. Digi Company does not claim any ownership rights to the data hosted by the Customer (texts, images, proprietary logos). However, the Customer grants Digi Company a free and irrevocable license to use, copy and store this data to the extent necessary for the adequate performance of the Services (such as making technical backups).
15.1 Release of Commitments. In the event of force majeure, Digi Company shall be legally released from its obligations to the Customer, without being liable for any form of compensation or damages. The execution of the Agreement shall be suspended for the duration of the force majeure situation.
15.2 Definition and Scope Force majeure means any circumstance beyond Digi Company's reasonable control that temporarily or permanently prevents fulfillment of its commitments. Given the technical nature of the Services, the following situations are expressly (but not limitatively) qualified as force majeure:
Infrastructure Defects: General or partial failures in the electrical infrastructure, failures in (submarine) fiber optic connections and failures in the telecommunications network.
Cyber incidents: Large-scale DDoS attacks beyond network capacity, spread of previously unknown malware (zero-day exploits) and cyber terrorism.
Third-party errors: Failure or insolvency of suppliers on which Digi Company depends (including upstream network providers, data centers and software licensors).
Calamities and Government: Fire, explosions, floods, war, insurrection, strikes, pandemics, as well as compelling government measures or court orders that interfere with normal business operations.
15.3 Rescission in the event of Prolonged Force Majeure If the force majeure situation exceeds a continuous period of thirty (30) calendar days, both Parties have the right to terminate the Agreement in writing for the future. In such case, there will be no refund of any monies already prepaid, as the force majeure situation has prevented the performance of the Service through no fault of Digi Company.
15.4 Hardship clause If changed circumstances make the performance of the Agreement unreasonably onerous for Digi Company (without the presence of strict force majeure, such as extreme increases in energy or license fees), the Parties shall act in good faith to renegotiate the contractual terms. Failing agreement, Digi Company shall have the right to discontinue the Service subject to fourteen (14) days' notice.
16.1 Choice of law All legal relations between Digi Company and the Customer, including the establishment, execution and interpretation of the Agreement, are exclusively governed by the Belgian law APPLICABLE. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
16.2 Obligation for Amicable Settlement and Mediation. In the event of a dispute, the Parties undertake to make the necessary efforts to reach an amicable solution.
Except for the recovery of undisputed claims, the Parties shall attempt to resolve any dispute through mediation by a mediator approved by the Federal Mediation Commission.
The costs of mediation shall be borne by the Parties in equal halves, unless otherwise agreed.
Only after the mediator establishes the failure of mediation is the way to go to court.
16.3 Territorial Jurisdiction (Jurisdiction) Unless otherwise required by mandatory law (as in the case of specific consumer protection), all disputes arising out of or related to the Agreement shall be within the exclusive jurisdiction of the courts of the district of Ghent (Belgium).
16.4 Consumer protection and ODR platform If the Customer is a Consumer residing in the European Union, it has the right to submit the dispute to the court of its own domicile. In addition, the Consumer can use the European Online Dispute Resolution (ODR) platform via: http://ec.europa.eu/consumers/odr/.
16.5 Divisibility (Salvatory Clause) Should any provision of these General Terms and Conditions prove to be void, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The Parties undertake to replace the provision in question with a valid provision that comes as close as possible to the original intention of the Parties.
These terms and conditions are subject to printing errors.
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