Terms and general conditions of sale

1. General

The data supplied and obtained shall be processed by EMB, the head office of which is at Rue d’Arenbergstraat 44, 1000 Brussels, Belgium. They shall be used exclusively for the management of the customer database (including billing and litigation) and to inform customers of other EMB products or services. The Belgian law on the protection of privacy with regard to the processing of personal details provides a right of checking and correction and the possibility of consulting the public register of the automatic processing operations.

2. Reservation of property

All data supplied to customers through the services of EMB remain the property of EMB or the companies from which EMB received such information. These companies or EMB have the copyright on such data.

3. Conditions of use

All information supplied to customers within the framework of the services of EMB must be considered to be confidential. Divulging such information to third parties is forbidden, even free of charge. Information supplied to customers by EMB may only be used once by a customer, unless agreed to the contrary or purchase where use is unlimited in time. The customer shall be bound to use data received in accordance with the use agreed beforehand with EMB. The customer may not make copies of any kind, without the prior authorisation of EMB and in accordance with conditions of such authorisation. The customer shall guarantee that his employees comply with the obligations set out in this paragraph. Furthermore, he shall take the measures required to prevent any misuse of data. EMB has the right to include the addresses it owns in the lists it supplies to ensure that the customer complies with his obligations concerning the company. Should the customer violate these conditions, he shall be liable to pay damages of at least five times the amount of initial order placed with EMB, regardless of any legal action and additional damages, plus any administrative and legal fees.

4. Guarantee

In so far as the accuracy of the data it supplies is concerned, EMB only assumes an obligation of careful selection. Given the nature of the service, the customer accepts that the data supplied may include gaps and that some of them may not be up to date. Accordingly, EMB may not, under any circumstances, be held responsible for errors or gaps in the data it supplies, unless it is proven that it has not fulfilled its obligation of careful selection, as defined above. If such proof is provided, the liability of EMB for any losses due to such errors or gaps is, in all cases, limited to a maximum amount of the unit cost paid by the customer for the information concerned. EMB may avoid payment of damages of any kind by supplying, in good time, new data carefully selected following the complaint from the customer.

5. Order

EMB only completes the order after receiving an order form by letter or fax. The price of the data supplied is based on the rates in force at the time. Any evaluation by EMB of the overall price of data is provided with no guarantee as to the final price, which will depend on the data available at the time of confirmation of the order by the customer.

An order may be cancelled within 24 hours; in this case, the starting up of the address selection remains due.

6. Delivery

The average, normal delivery time for data is 5 working days following acceptance of the offer. This delivery time is given for information only, with no obligation. If the customer wishes to make changes to his order, after the signature of the offer, the previous delivery date is cancelled and the new date only comes into effect after acceptance and confirmation of such changes by EMB.

7. Payment

Payments are made in cash on delivery, in Euros, to the head office of EMB, unless agreed to the contrary in writing by EMB. Tariffs may be changed at any time. In the event of a delay in payment, EMB reserves the right, without prior notice, to increase the amount billed at 1.5% interest per month and to a lump sum in compensation of 15% of the balance due (with a minimum of 50 € per invoice) for administration costs.

8. Claims

Any claim must be sent to us by registered letter, under threat of being inadmissible, within 8 days of delivery. The partial use of the products or services supplied results in acceptance of the whole. Any compensation to be paid by EMB may never exceed the amount of the products or services supplied by EMB.

9. Cancellation

An order may only be cancelled with the approval of EMB. In the event of cancellation, the customer shall be liable to lump sum compensation of 50% of the price of the order (Including VAT) subject to the right of EMB to claim greater compensation if greater damages can be proven.

10. Jurisdiction

Contracts are subject to Belgian law and only the courts of Brussels have jurisdiction to settle claims arising out of them.