§ 1 Scope
TRUCKFOCUS provides a virtual marketplace for transport industry, bringing supply and demand together, via Internet. All commissions, be they inserting offers on TRUCKFOCUS or processing sales requests, are accepted and undertaken based exclusively on the following conditions. These conditions are binding for all business with TRUCKFOCUS, i.e. posting advertisements or requesting information through TRUCKFOCUS, until such time as they are replaced with new conditions.
§ 2 Service provided by TRUCKFOCUS
a. In addition to the services set out in each particular subscription, customers may access information from the TRUCKFOCUS database free of charge and TRUCKFOCUS will thereby ensure that the server has a high level of availability. This excludes periods in which servers are temporarily adversely affected by problems not under TRUCKFOCUS 's influence (Acts of God, third party negligence etc.), maintenance or technical problems.
b. The customer has the right to post information about other companies or their products and services on the web server, as long as their activities do not conflict with TRUCKFOCUS's interests. In particular, competitors of TRUCKFOCUS may not be posted. TRUCKFOCUS withholds the right to refuse customer posting techniques which may disproportionately overload the server.
c. Upon request, TRUCKFOCUS will provide an online area for the customer, with which the customer can save, change, add to or delete vehicles and information. To this end the customer will receive a password from TRUCKFOCUS which he undertakes to keep secret.
d. The customer is strongly recommended to always keep a safe and current copy of all data in a separate place from the server.
e. The website is meant for global information on products; TRUCKFOCUS is not liable for the accuracy of this information. Neither can TRUCKFOCUS be held liable for damage caused by this information or caused by the simple use of the website (viruses, hacking-attacks and other computer-crimes). The use of this website is on the risk of the user.
§ 3 Service provided by the customer
a. The customer undertakes to pay TRUCKFOCUS the current price specified in his specific subscription. Should the customer exceed the scope of his subscription, then he is bound to pay the price for the scope currently in use, without the need for an new subscription. TRUCKFOCUS invoices electronically upon request. All posts are payable direct upon registration. b. The customer undertakes that the information published online is put together to the best of his knowledge correctly and honestly and to regularly effect updates where relevant.
b. TRUCKFOCUS has not the obligation to confirm the subscription, so that the simple subscription by the customer obliges the customer to pay the current price.
c. When the VAT-number stated by the customer is not correct, the VAT will be charged at 21%.
d. With regard to the content of all published online offers, the customer agrees to abide by all lawful regulations, in particular with regard to copyright, competition, title and data protection. The customer agrees to keep TRUCKFOCUS free of any third party claims, and moreover to reimburse TRUCKFOCUS for any and all costs incurred, as a result of any non-compliance with the aforementioned regulations. The customer undertakes not to display any illegal content, in particular pornographic content or incendiary content against particular races. Infringement will cause a contractual fine of 100,000 Euro, independent of any further damages.
e. All information, company logos, texts, programmes and pictures are subject to copyright. Unless otherwise specified they are the sole property of TRUCKFOCUS. Further use and adaptation in other media of all kinds is only permitted with previous written permission from TRUCKFOCUS. Any transfer to third parties is strictly prohibited. Any and every infringement of this rule will result in a contractual fine of 50,000 Euro, notwithstanding any further damages.
§ 4 Length and termination of contract
a. The contract is valid for an definite period of time. If a minimum contract period is defined, the contract may be terminated with a notice period of two weeks before the end of the agreed minimum contract period. If the contract is not terminated within this notice period, the contract will automatically be extended to an definite period of time and can be terminated as above with a notice period of two weeks before month end.
b. The right of extraordinary termination without notice remains. Extraordinary termination is justified in particular where the customer breaks the law, carries on with breaches of contract after a warning, or a change in legal or technical standards for the Internet which render it impossible for TRUCKFOCUS to continue to provide all or part of their services.
§ 5 No guarantee of the accuracy of third party content
TRUCKFOCUS brings passes on the information provided by its customers to interested third parties. TRUCKFOCUS cannot assume responsibility thereby for the accuracy of the information supplied to it. TRUCKFOCUS does not check the identity of its customers or other interested parties. Any claim based on inaccuracies within data passed on in this manner is invalid. This also applies to data transmission errors, as long as the error cannot be proven to have occurred knowingly and/or negligently.
§ 6 Further information and offers
TRUCKFOCUS has the right, but is not obliged, to send customers and interested parties further information or additional offers relating to an intended or completed purchase, whether self produced or from third parties.
§ 7 Data security
All data which the customer passes on to TRUCKFOCUS will be saved and used for the purposes named above and the customer explicitly agrees to this. TRUCKFOCUS promises to abide by all relevant current data security laws thereby.
§ 8 Hyperlink
The website of TRUCKFOCUS may contain hyperlinks to websites of third parties. These hyperlinks has no controle over nor any liability for what these websites contain. The presence of such an hyperlink does not mean that there is any cooperation between TRUCKFOCUS and the operator of such a website.
§ 9 Place of fulfilment and of jurisdiction
Place of fulfilment for all claims arising from this contract is Antwerp, Belgium. Sole jurisdiciary court for all disagreements is Antwerp, Belgium. This contractual relationship is based on the Belgium legal system and the Belgian law is applicable.
§ 10 Severability clause
Should individual sections or phrases of this text partly or fully become invalid, then this fact has no influence on the legal validity of the remaining text. Contractual changes must be made in written form.
