Enjoy
_ our terms of sale.

General conditions of sale of products and services

This is a courtesy translation; the French version prevails.

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1. Definitions

► “We” or “MYCIO”: MYCIO srl, whose registered office is at Rue Mercelis 57, 1050 Ixelles and registered with the BCE under number BE 0788-653-550;

► “You” or “the Customer”: any person, natural or legal, using the services and/or hardware and software of MYCIO;

► "Consumer": any Customer, natural or legal person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

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2. Who are we?

MYCIO implements effective IT strategies adapted to the needs and objectives of your organization, in order to allow you to improve your productivity and plan your growth.

In general, MYCIO takes care of all aspects of your IT, and offers you the following IT services in particular:

► assistance, outsourcing, installation, troubleshooting, maintenance, data migration, management, advice and training on IT equipment and software on the market;

► repair, supply and maintenance of all computer equipment of any kind whatsoever fixed or portable computer, smartphone, mobile phone, tablet.

► sale of equipment and accessories, installation and integration of solutions;

► sale of subscriptions to own and/or third-party services;

► implementation, maintenance, management and technical support of VoIP solutions;

► implementation of a CLOUD solution allowing permanent access to your computer network or your data, from any device or platform;

► implementation of an e-mail solution protecting you against malicious software and viruses;

► virtualization of your servers;

► setting up a backup system for your data and an activity recovery plan;

► implementation of software to secure your data and protect your computer network;

► implementation of a security system to protect your computer network against viruses and other malicious software.

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3. Scope

These general conditions define the obligations of each of the parties and apply to all our contractual relationships. As a Customer, You acknowledge having read and accepted these general conditions, which are automatically applicable to any offer, any estimate, any order placed with Us, any of our written or oral contracts, for services or sales. hardware/software, main or accessory. A deviation from these terms and conditions requires written confirmation from us. In the event of a contradiction between the clauses of the offer and/or the contract and those of these general conditions, the latter shall take precedence. These general conditions are the only ones applicable and prevail over all other general and/or specific conditions and/or conditions of sale or purchase of the Customer, even if these specify the contrary.

The general conditions are freely accessible at any time on our website www.mycio.eu, so that by placing an order with MYCIO, the Customer declares to have read these general conditions and confirms his acceptance of the rights and obligations relating thereto.

MYCIO reserves the right to modify these general conditions at any time and without prior notification, subject to posting these modifications on its website. These changes will apply to all orders for product(s) and/or service(s) placed subsequently.

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4. Pre-order precaution

Prior to placing the order, the Customer will obtain all the necessary advice and will ensure that the hardware, software and/or services that he plans to order correspond to his needs and the use that he discounts it.  MYCIO assumes no responsibility for any error in the choice or assessment of the Customer and/or the suitability of the software, hardware and/or services with the (the) purpose(s) pursued by the Customer.

According to the Customer's order, the provisions of the contract cover the licensing of the software, the supply of material related to the granting of said licenses and/or the services provided by MYCIO.

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5. Offer - order - quote

Any offer of service or sale that we make is valid for 7 days from its date of issue. However, We may modify our offer - during its period of validity - as long as it has not been accepted by the Customer. The order is only valid if it is the subject of written acceptance from both parties and will only be valid for the services and hardware/software mentioned therein, to the exclusion of all additional services and hardware/software whose necessity would appear during the execution of the contract. Changes made by the Customer to the order form, the offer or the estimate will only bind MYCIO after written acceptance by us. Any modification of the order, the offer or the quote by the Customer may lead to an adaptation of the intervention or delivery time. If such modifications result in a reduction of at least 25% in the price of the services and/or hardware/software initially agreed, the Customer will be required to pay a compensatory indemnity of 25% calculated on this lack to win. Orders relating to hardware/software that are the subject of a special order from our suppliers will not be taken back and/or canceled under any circumstances. These orders will, in all cases, be invoiced to the Customer, regardless of the reason for the modification.

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6. Conclusion of the online contract

The online acceptance and signature of the sales order constitute a definitive contract between the parties. The Client acknowledges that their agreement to the online sales order is sufficient to form the contract and does not require a handwritten signature. The online sales order from MYCIO, accompanied by these general terms and conditions, and, if applicable, specific conditions, if any, constitute the entire contractual terms.

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7. Deadlines and schedules

The deadlines and schedules mentioned in the offer, the estimate or in the contract are not mandatory, but communicated for information purposes only. We will do, as far as possible, the necessary to respect these deadlines and schedules. The agreed delivery and installation deadlines represent, on the part of MYCIO, an obligation of means and not of result. However, these deadlines do not begin until the day on which the Customer has satisfied all of his contractual obligations, including the payment of the sums due under the contract. The Customer may not invoke the execution deadlines to request the termination of the contract and MYCIO will not incur any liability in the event of non-compliance with deadlines or schedules, except gross negligence demonstrated by the Customer.

In the event that the Customer is a Consumer, the agreed delivery and installation date or deadline are strictly applicable, unless they cannot be respected due to unforeseeable circumstances beyond our control which make it impossible or substantially more difficult or onerous to perform our obligations. In this case, We must inform the Consumer no later than the date of delivery or installation, as the case may be, by offering him an extension of time. If he has accepted the extension of the proposed deadline, he may, in the event of overrun, terminate the contract by registered letter with acknowledgment of receipt. If the agreement does not mention any specific date or deadline, the deadline for delivery or installation is set at six months from the signing of the agreement. If delivery or installation becomes definitively impossible as a result of force majeure, the contract will be automatically terminated.

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8. Terms of provision of services and deliveries

In the absence of a written agreement to the contrary, except for the audit, evaluation, coordination and planning meetings with the Client, the services will be carried out from our offices. The installation is made at the agreed locations mentioned in the offer signed by the Customer. Before installation, MYCIO contacts the Customer to arrange an appointment. In case of impediment, the Customer informs MYCIO at the latest 24 hours in advance. Failing this, a lump sum representing travel expenses and lost hours will be invoiced at the hourly rate of €115 excluding VAT. In the event of the Client's absence on the day of the appointment, which makes installation impossible, a flat rate representing travel expenses and lost hours will also be invoiced. The Customer must provide a suitable place for the installation of the equipment, which notably implies a standard power supply and secure power sockets. Unless otherwise stated in the offer or estimate, the installation does not include any training relating to the use of the hardware or software. The delivery concerns the hardware/software mentioned in the contract and is made by direct delivery of these to the Customer at the agreed places. Delivery is made at the expense of the Customer and at his own risk. Upon delivery, the Customer acknowledges receipt by signing the intervention form. He is required to check that the hardware/software delivered complies with what was ordered. Any delay in payment may result in delay in installation or delivery of materials/software. MYCIO cannot be held responsible for this. MYCIO always has the possibility and the right to unilaterally provide elements different from those mentioned in the offer or the estimate, but equivalent in technical terms and performance, if it deems it necessary or desirable for practical reasons of organization and /or techniques. MYCIO only needs the Client's approval if the price of the system turns out to be higher than the price fixed in the offer or estimate.

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9. Subcontracting

MYCIO reserves the right and, consequently, is authorized to call on a subcontractor that it has chosen to perform all or part of the services. MYCIO will not be under any obligation to notify the Customer of any possible recourse to a subcontractor, or any subsequent change of subcontractor. In the event of subcontracting, MYCIO undertakes to assign qualified stakeholders to the performance of its services and to ensure, as far as possible, that the said stakeholders have the skills and means necessary for the proper performance of these services. benefits.

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10. Cooperation

The Customer undertakes to communicate to MYCIO, at its first request, any information and any document useful and necessary for its service. The Customer must guarantee the accuracy, completeness and reliability of the information and documentation that it makes available to MYCIO, even if it comes from third parties and must inform MYCIO in good time of any change in its data. In the event that MYCIO is unable to obtain in due time - including for reasons of force majeure - the necessary information from the Client for the performance of its mission, it will inform the Client in writing. If a remedy is not brought to the situation, the obligations of MYCIO will be suspended until the intervention of a solution or the communication of the requested information. These extensions of time may in no case give rise to damages on the part of the Customer.

In general, the Customer ensures the implementation and operation of the computer system. The Customer also ensures the quality, availability and reliability of the networks and servers. It is up to the Customer to check that he has the technical means allowing the normal use of the service and the hardware/software. The Customer must also indicate to MYCIO all the technical constraints of which he is aware and which could have an influence on the quality of the service and the hardware/software. The Customer will make all the necessary arrangements to ensure that his equipment is compatible with that of MYCIO. The total or partial inability to use the service and the materials/software due to incompatibility cannot give rise to any compensation, reimbursement or questioning of the liability of MYCIO. The Customer must ensure that the hardware/software is installed in a place allowing rational layout as well as normal conditions of assembly, use and maintenance. MYCIO may request another location if the proposed location is not suitable. The Customer assumes at his own expense the placement, in the places fixed by MYCIO, of the electrical connections and/or earth connections necessary for the operation of the hardware/software, and ensures its maintenance. MYCIO reserves the right to modify the configuration of the network, the equipment or the passwords, provided that the quality of the service and the hardware/software is not significantly altered. MYCIO will endeavor to notify the Customer of such a change in time. MYCIO may, to the extent necessary, interrupt the service for operational reasons or in the event of emergency maintenance.

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11. Price

The prices appearing on our tariffs, offers and order confirmations are purely indicative and may be modified by MYCIO without notice as long as the contract has not been concluded.

MYCIO indexes its prices each year, based on the Consumer Price Index for the period July–July.

The price of the services and/or hardware/software is that mentioned on the invoice, the service contract and/or sales contract offered by us or, failing that, on the quote/email. The prices are fixed in EUR and are exclusive of tax. Consequently, all taxes, duties and taxes, including VAT, are the responsibility of the Customer. Any increase in VAT or any new tax imposed between the time of the order and that of installation and/or delivery will be borne by the Customer.

Our prices only apply to the materials/software and services described in the contract signed by the Customer, to the exclusion of all other materials/software and services. The price does not cover, in any case, the costs related to the hardware/software or additional services made necessary.

In the event that the price of the products delivered or services provided by a third party is increased after the conclusion of the contract, MYCIO will have the option of passing on this increase in the price of the contract by notification sent to the Customer by email. This repercussion will be presumed accepted by the Customer five working days after the sending of the notification, unless his objection is sent within this period by email.  In the absence of the Customer's agreement , MYCIO will have the option of unilaterally renouncing the contract by simple notification by email, without compensation.

Any additional difficulty giving rise to an additional cost of work on our part, caused by any circumstance unrelated to our company, as well as any modifications requested by the Customer, give rise to the prior drafting of a writing signed by all the parties and additional billing based on our current hourly rate. 

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12. Methods of payment – invoicing

All invoices are sent by e-mail, in PDF format. Unless otherwise stipulated in writing, our invoices must be paid according to the following terms:

► Invoices relating exclusively to the sale of hardware and software are payable upon receipt of the invoice.

► The other invoices are payable 14 days from the date of the invoice.

► Invoices are paid exclusively by bank transfer to the MYCIO account mentioned on the invoice.

► The deposits paid by the Customer are to be applied to the price of the order. They constitute a beginning of execution of the contract and not a deposit, the abandonment of which would authorize the Customer to be released from his obligations.

In the case of direct debit for payment for the services provided, the Client acknowledges and accepts that any payment rejected due to an insufficient balance or for any other reason will result in bank charges. These bank charges are re-invoiced to the Client by MYCIO. The Client is responsible for ensuring that sufficient funds are available in its account for payment for the Services.

In the event of non-payment of an invoice on the due date, payment of all invoices sent to the Customer will be immediately due. In addition, the Customer shall be liable to us, automatically and without prior notice, for a penalty clause in an amount equal to 15% of the amount remaining unpaid (with a minimum of €200.00 per invoice) and a conventional late payment interest of 12% per year until full payment. The administrative costs of payment reminders and formal notice to pay will be invoiced by MYCIO to the Client at €25.00 and €50.00 respectively and any file sent to the lawyer will result in additional fixed compensation of €200.00 aimed at to cover the administrative costs of recovery, without prejudice to the right to claim full procedural compensation in the event of legal proceedings. The possible granting of payment facilities does not entail a waiver of payment of default interest and the penalty clause. Non-payment of a single invoice on its due date will automatically, automatically and without prior notice, entail MYCIO's right to suspend the delivery of hardware/software and the performance of its services, without prejudice to the right of proceed to the forced execution of the sums due and conventional penalties.

MYCIO reserves the right to assign the claim to a collection agency. The latter will apply the penalties and administrative costs which will be borne by the Customer.

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13. Retention of title

The hardware/software provided to the Customer as part of the performance of the services remains the property of MYCIO until full payment of the price. However, these are in his sole custody and responsibility. The same applies to services already performed.

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14. Hardware and software

The Customer will only obtain a personal, non-transferable and non-exclusive right to use the software and user documentation made available by MYCIO. MYCIO retains at all times all intellectual and industrial rights, including copyright relating to the software, documentation and media delivered, on which the software is made available. By the mere fact of using the software and/or documentation, the Customer agrees to the license conditions relating thereto. The Customer is prohibited from reproducing the software and the related documentation, except for the purposes of normal backup, from making or causing to be made any modifications or additions to the software and the documentation, as well as to disclose all or part of the software and documentation, in any form whatsoever, to third parties. The Customer and/or the user will refrain from removing or modifying any sign that determines ownership or provenance.

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15. Warranty

The guarantee of the hardware and/or software sold and/or installed by MYCIO is limited to that granted by the software manufacturer/author, well known to the Customer or on which the Customer is supposed to have fully informed himself before concluding the contract, from the purchase/beginning of the user license. The guarantee is limited in all cases to the repair or the outright exchange of the defective hardware/software - the choice being at our sole discretion. The warranty is only valid upon presentation of the purchase invoice and will only be applied if the hardware or software is returned to us in its original packaging, accompanied by its accessories and manuals. Defective hardware/software or being returned to the manufacturer/software author, not claimed by the Customer after 3 months becomes our property.

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16. Assignment

MYCIO is authorized to assign or pledge, in whole or in part, the obligations resulting from this contract, it being understood that this assignment or pledge does not in any way modify the forms and conditions of the contract. The Customer will be informed of this transfer or guarantee via a letter sent to the Customer 15 days before the effective date of transfer. The Customer can only transfer the contract concluded with MYCIO with our written agreement, our silence being equivalent to refusal.

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17. Client's liability

The Customer agrees to perform the contract in accordance with the interests of MYCIO and not to interfere with MYCIO in any way in the performance of its contractual obligations.

The Customer is responsible for using the service with due care, in accordance with the laws and regulations in force, including in particular the rules relating to online services, e-commerce, intellectual property rights, morality and public order as well as the universal principles of use of the Internet. The Customer agrees not to use the service for purposes other than lawful purposes.

The Customer is solely responsible for the information saved and shared, which We are not required to control. In this regard, the Customer agrees not to use our services, in particular to save or share obscene, pornographic content or content that incites sectarianism or religious, racial or ethical hatred. The Client is civilly and criminally liable for the information transmitted or collected, its use, the comments exchanged on the discussion forums, and/or published on the mailing lists, hypertext links, third party claims and civil actions and/or penalties they give rise to, particularly in terms of intellectual property, personality rights, privacy and the protection of minors. MYCIO reserves the right, on its own initiative or at the request of any competent authority, to disclose, delete, modify or move, in part or in its entirety, any Customer storage space, the content of which would contravene the provisions of this article. , without the Customer being able to claim any compensation in this regard.

The Customer ensures the safekeeping of the hardware/software. The hardware/software cannot in any case be moved or adapted without the intervention of MYCIO. Customer will be responsible for any damage to hardware/software that results from malfunction or failure of any equipment installed by Customer.

The Customer is solely responsible for the proper functioning or sufficient speed of the Internet connections necessary for the backup and replication operations, and more generally for the services. The Customer cannot engage the responsibility of MYCIO in the event of insufficiency in the Internet connections for any reason whatsoever.

The use of the service may present risks of intrusions by third parties or viruses against the Customer's computer system, who is responsible for taking all appropriate measures to ensure that no other person has access to the service. without its authorization and to protect its data and software. The Customer undertakes to preserve the secret and confidential nature of the identification code (password and user name). The Customer is entirely and exclusively responsible, without any recourse against Us, for the use of the service by third parties to whom he has voluntarily or involuntarily allowed access to his data, as well as for its consequences.

The Customer guarantees MYCIO against all costs, indemnities, damages, actions, expenses and proceedings as a result of actions brought by third parties concerning the acts, faults or negligence of the Customer.

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18. Liability of MYCIO

All of MYCIO's obligations constitute obligations of means. Under no circumstances can MYCIO be bound by an obligation of results. MYCIO is only liable in the event of fraud or gross negligence on its part or violation of a mandatory law. In the latter case, MYCIO's liability is limited to the repair of only foreseeable, direct, personal and certain damage that the Customer has suffered, excluding the repair of any indirect or immaterial damage. In any event, MYCIO's liability will be limited to an amount not exceeding 25% of the total amount of the contract for the provision of services or the sale of equipment.

MYCIO cannot be held responsible for the fact that the service and/or the materials do not meet the Customer's expectations if these have not been made explicit in writing at the time of the conclusion of the contract.

MYCIO does not give any guarantee to the Customer regarding the uninterrupted or error-free operation of the service, the Customer's computer equipment, their operation, and that of their hardware and software components. MYCIO is not responsible for Internet access time, delays in the transmission of data or their quality and any restrictions on access to networks and servers connected to the Internet. MYCIO cannot be held responsible for the malfunction of the equipment due to technical specificities (such as Internet services, ADSL or faulty cabling) which have not been mentioned in the estimate. MYCIO cannot be held responsible for the compatibility of the goods installed with other hardware/software for which it has not ensured either the sale or the installation.

MYCIO shall not be held liable in the event of misuse of the service by the Customer or in the event of partial or total destruction of the information stored following errors attributable directly or indirectly to the Customer. MYCIO declines all responsibility if the backup is prevented by the deterioration or malfunction of the Customer's hardware/software or any external element beyond its control. In addition, MYCIO will not be responsible for the non-backup of data or files exceeding the storage volume provided for in the contract.

It is recalled that no computer security device provides absolute protection against viruses, intrusions, etc. It is therefore prudent to combine the protective devices and to carry out regular backups on external media to limit the consequences of a possible infection. MYCIO cannot be held liable to the Customer for the introduction of a computer virus, illegal or unauthorized intrusion by any third party into the Customer's computer system and devices.

The Customer is required to adequately protect its own devices, especially against viruses and intruders, and assumes full responsibility for this. MYCIO will not be responsible for any modifications or additions made to the hardware/software by anyone other than MYCIO.

MYCIO can never be held liable for defects resulting from insufficient maintenance, normal wear and tear, faulty use of the installation or lack of supervision. In all cases where an expertise is deemed necessary or useful, the expert will be appointed at our request or at that of an insurer.

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19. Insurance

MYCIO is covered by professional insurance. This insurance contract covers the pecuniary consequences of Professional Civil Liability that it may incur due to bodily, material or immaterial damage caused to third parties. By damage, we mean the damage of any kind that he himself, his staff, would come to cause directly to the Client, to the Client's staff or to third parties.

MYCIO undertakes to maintain these guarantees throughout the duration of the contract and to justify them at the Customer's request.

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20. Termination

In principle, neither party can break the contract by the effect of its sole will. On the other hand, in the event of force majeure (unforeseeable and insurmountable circumstances) making the continuation of the contractual collaboration reasonably and irrevocably impossible, each party may terminate the contract, without judicial intervention and without compensation but by paying the price of the services already rendered. and/or hardware/software already delivered or by returning the portion of the price not covered by a service or hardware/software not delivered. In addition, the parties may terminate the contract without judicial intervention and without compensation, if the other party is the subject of a judgment having the force of res judicata for fraud, corruption, participation in a criminal organization or on the any other criminal offense likely to harm the reputation of its co-contractors. Whatever the reason, termination takes effect from the date of receipt of the registered letter with acknowledgment of receipt terminating the contract or from any other date mentioned in the letter of termination.

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21. Disclaimer

If the Customer nevertheless terminates all or part of the contract concluded between him and MYCIO in advance, he must in this case pay MYCIO, in addition to the price of the services already performed and the hardware/software already delivered, a fixed and irreducible penalty indemnity equal to 60 % of the total amount of the order or service remaining to be performed, with a minimum of €500.00, covering in particular, without this list being exhaustive, the loss of profit, a share of marketing costs, administrative and accounting management costs, the cost of storing the hardware and software necessary for the services provided by MYCIO. This compensation will be payable on the date of termination of the said contract. In the event that the Customer is a Consumer, MYCIO will be liable to the Customer, in the event of early termination by us, for the same fixed and irreducible forfeiture compensation equal to 60% of the total amount of the order or the service remaining to be performed, payable on the date of termination of the said contract. However, MYCIO will be entitled to retain the sums corresponding to the amount of the services already performed and the hardware/software already delivered. In any event, no request for termination may be made after delivery to the Customer of the equipment ordered.

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22. Express cancellation clause

MYCIO is entitled to terminate, ipso jure and without judicial intervention, the service provision contract by notification sent to the Customer by registered letter, in the event of serious non-performance by the Customer of one of its contractual obligations, in particular (i) if he is late in paying an invoice by more than fifteen calendar days, (ii) if it appears that he will not perform or seriously risks not performing one of his obligations, and this even before this obligation is due or (iii) if the Customer shows clear signs of insolvency. In such cases, the Customer must also pay MYCIO, in addition to payment for services already performed and hardware/software already delivered, a fixed and irreducible indemnity equal to 60% of the total amount of the order or services remaining to be invoiced, payable to the date of termination of said contract. In the event that the Customer is a Consumer, MYCIO is entitled to terminate the contract, without compensation to the Customer, only in the event of the occurrence of a case of force majeure. In other cases, MYCIO will be entitled to terminate the contract, ipso jure and without judicial intervention, subject to a reasonable notice period and the payment of a fixed indemnity identical to that due by the Consumer in such a case. In the event that the termination of the contract occurs at the fault of the Customer, the latter further undertakes to return, at its own expense, all the hardware/software that has not been incorporated and this, within 24 hours following the termination, failing which MYCIO will be authorized to take them back wherever they are. This option may be exercised by written notification from us.

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23. Force majeure or fortuitous event

MYCIO cannot be held liable, both contractually and extra-contractually, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous event.

In particular, the following events will be considered as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the computer system of MYCIO or its database when one or other of these events cannot not reasonably be directly attributed to MYCIO and that it is not demonstrated that MYCIO failed to take reasonable measures to prevent any of these events, 2) earthquakes, 3) fires , 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11 ) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which MYCIO depends, 15) a fact or decision of a third party when this decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of MYCIO.

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24. Lack of foresight

If, due to circumstances beyond the control of MYCIO, the performance of its obligations cannot be continued or is simply made more onerous or difficult, MYCIO and the Customer undertake to negotiate in good faith and loyally an adaptation of the conditions contractual obligations within a reasonable time with a view to restoring the balance. Failing agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

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25. Complaint

The Customer will send by registered letter his complaints relating to the performance of our services or to MYCIO's invoicing, specifying in detail the reason for the dispute, within 8 days of the issue of the invoice or a period of 48 hours from the delivery of the hardware/software or the end of the services, under penalty of foreclosure. Without prejudice to the foregoing, the Client will be presumed to have irrefutably accepted the result of the service provided by MYCIO or the hardware/software delivered, unless they have submitted these remarks or disputes within the aforementioned deadlines.

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26. Intellectual property

Any intellectual property right arising from services provided as part of a consultancy mission, website development or development or improvement of computer software carried out for the benefit of the Client must be considered as the property of our Client, unless otherwise specified or inalienable. It is however understood that MYCIO may make use of the content of the work carried out for their part not directly linked to the Client's activity. All logos, trademarks, photos and models appearing on the documents are our property. Any partial or complete reproduction of these logos, trademarks, photos and models, whatever the medium, for commercial, associative or voluntary purposes, is prohibited without our consent or that of the holders of the trademarks or rights attached to these graphic representations.

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27. Privacy (detailed on our website)

MYCIO undertakes to respect the confidentiality of all information brought to its attention in the context of its intervention. The Customer must take all measures to ensure that his data is protected or, failing that, notify the technician before any intervention. MYCIO is prohibited from disclosing the information communicated to it by the Customer and expressly stipulated as confidential.

The Customer undertakes to keep strictly confidential all information to which he may have had access relating to MYCIO, its services, its products, its prices, its contracts for the duration of the contractual relationship and ten years after their end. , whatever the cause. He vouches for the respect of this confidentiality by his past, present or future employees and agents.

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28. Protection of personal data (detailed on our website under GDPR and cookies)

The personal data transmitted by the Customer is recorded in the files of MYCIO. MYCIO processes the Customer's personal data for the following purposes: provision and invoicing of services, management of disputes, management of the relationship with the Customer, market research, the fight against fraud and infringements, quality control of service , the sending of commercial information and the realization of campaigns to the Customer on the hardware/software and the services of MYCIO. The data will only be communicated to third parties for the purposes specified above. The Customer may object to the processing of personal data for direct marketing purposes by contacting Customer Service. Private numbers are not marketed automatically. The Customer's data will be kept in accordance with the retention periods provided for by the regulations. The Customer has the right to access and rectify his personal data.

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29. Language

The original version of the general conditions of sale was written in French. So that if the text is translated into another language, the French version will prevail between the Parties within the limits set by Belgian law, provided however that certain words or legal expressions contained in the original version are faithfully reproduced in order to determine the (s) Belgian legal concept(s) to which the parties wished to refer.

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30. Miscellaneous

Throughout the duration of any contract for the provision of services and for a period of six months following its term, the Customer is prohibited from any attempt to hire or hire directly or indirectly one of the employees of MYCIO, under penalty of paying us irreducible compensation of EUR 30,000.00 per employee concerned, without prejudice to MYCIO's right to claim compensation for greater damage if necessary.

MYCIO reserves the right to mention the Customer's name and/or logo on its website and in its communications for the sole purpose of promoting MYCIO's services. Any quotation or testimonial will be the subject of an explicit request to the Client and will only be disseminated with the latter's formal agreement.

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31. Applicable law – jurisdiction

The contractual relations between the parties are exclusively governed by Belgian law.

The failure for a party to avail itself, for a certain time, of its rights arising from these general conditions will never entail the waiver of the rights in question. The possible nullity of one of the clauses of these general conditions does not entail the nullity of all of them. As far as possible, the parties will replace the invalid clause with a valid clause having an equivalent economic effect. In particular, the parties expressly acknowledge that the equivalent clauses for the benefit of the Consumer within the meaning of the Code of Economic Law will be considered as included in these general conditions of intervention.

 

We are looking for a long-term collaboration with the Client. Consequently, in the event of a dispute, the parties will attempt to first resolve their dispute amicably, if necessary by calling on an approved mediator. It is only if the dispute persists for more than one month after the start of amicable negotiations that any dispute relating to the validity, interpretation or execution of the contract and/or these general conditions will be submitted to the courts of Brussels and, where applicable, to the justice of the peace of the 1st canton of Brussels. No action can be taken to court, on pain of inadmissibility, if no attempt at amicable conciliation has been undertaken beforehand.

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Updated April 18, 2024.