General terms and conditions of sale

General Terms and Conditions of Sale for Products and Services

1. Definitions

► "We" or "MYCIO": MYCIO srl, with its registered office at Route de Lennik 451 – BP 37, 1070 Anderlecht, registered with the BCE under number BE 0788-653-550;

► "You" or "the Client": any person, individual or legal entity, using the services and/or hardware and software of MYCIO;

► "Consumer": any Client, individual or legal entity, acting for purposes outside the scope of their commercial, industrial, artisanal, or professional activity.

2. Who are we?

MYCIO implements IT strategies that are effective and tailored to your organization's needs and goals, enabling you to improve your productivity and plan for growth.

In general, MYCIO handles all aspects of your IT, and specifically offers the following IT services:

► assistance, managed services, installation, troubleshooting, maintenance, data migration, management, consulting, and training on market-standard IT equipment and software;

► repair, supply, and maintenance of any IT hardware of any kind, including desktop or laptop computers, smartphones, mobile phones, and tablets.

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

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

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

► implementation of CLOUD solutions providing permanent access to your IT network or data from any device or platform;

► implementation of email solutions to protect you against malware and viruses;

► virtualization of your servers;

► implementation of a data backup system and a disaster recovery plan;

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

► implementation of a security system to protect your IT network against viruses and other malware.

3. Scope of Application

These general terms and conditions define the obligations of each party and apply to all our contractual relationships. As a Client, you acknowledge that you have read and accepted these general terms and conditions, which automatically apply to any offer, quote, or order placed with us, and to all our written or oral contracts for services or the sale of hardware/software, whether primary or ancillary. Any deviation from these general terms and conditions requires written confirmation from us. In the event of a contradiction between clauses in the offer and/or contract and those of these general terms and conditions, the latter shall prevail. These general terms and conditions are the only ones applicable and supersede all other general and/or special terms and conditions and/or terms of sale or purchase of the Client, even if they state otherwise.

The general terms and conditions are freely accessible at any time on our website www.mycio.eu, such that by placing an order with MYCIO, the Client declares that they have read these general terms and conditions and confirms their acceptance of the rights and obligations related thereto.

MYCIO reserves the right to modify these general terms and conditions at any time and without prior notice, provided that such modifications are displayed on its website. These modifications will apply to all orders for product(s) and/or service(s) placed subsequently.

4. Pre-order precautions

Prior to placing an order, the Client shall seek all necessary advice and ensure that the hardware, software, and/or services they intend to order meet their needs and the intended use. MYCIO assumes no responsibility for any error in choice or judgment by the Client and/or for the suitability of the software, hardware, and/or services for the purpose(s) pursued by the Client.

Depending on the Client's order, the provisions of the contract cover the licensing of software, the supply of hardware related to the granting of said licenses, and/or the services provided by MYCIO.

5. Offer – Order – Quote

Any service or sales offer we provide is valid for 7 days from the date of issue. However, we may modify our offer—during its validity period—as long as it has not been accepted by the Client. An order is only valid if it is subject to written acceptance by both parties and will only apply to the services and hardware/software mentioned therein, excluding any additional services and hardware/software whose necessity may arise during the execution of the contract. Modifications made by the Client to the purchase order, offer, or quote will only bind MYCIO after our written acceptance. Any modification of the order, offer, or quote by the Client may result in an adjustment of the intervention or delivery time. If such modifications result in a reduction of at least 25% of the price of the services and/or hardware/software initially agreed upon, the Client shall be liable for a compensatory indemnity of 25% calculated on this loss of earnings. Orders for hardware/software that are subject to a special order from our suppliers will under no circumstances be taken back and/or cancelled. These orders will, in all cases, be invoiced to the Client, regardless of the reason for the modification.

6. Online contract conclusion

Online acceptance and signing of the purchase order constitute a definitive contract between the parties. The Client acknowledges that their agreement to the online purchase order is sufficient to form the contract and does not require a handwritten signature. MYCIO's online purchase order, accompanied by these general terms and conditions and, where applicable, any special terms and conditions, constitute the entire contractual terms.

7. Deadlines and schedules

The deadlines and schedules mentioned in the offer, quote, or contract are not binding but are provided for information purposes only. We will do our utmost to respect these deadlines and schedules. Delivery and installation times agreed upon represent an obligation of means and not an obligation of result on the part of MYCIO. These deadlines only begin to run from the day the Client has fulfilled all their contractual obligations, including the payment of sums due under the contract. The Client may not invoke execution deadlines to request the termination of the contract, and MYCIO shall incur no liability in the event of non-compliance with deadlines or schedules, except in cases of gross negligence proven by the Client.

In the event that the Client is a Consumer, the agreed date or deadline for delivery and installation is strictly applicable, unless it cannot be met due to unforeseeable circumstances beyond our control that make the performance of our obligations impossible or substantially more difficult or costly. In such a case, we must inform the Consumer no later than the date of delivery or installation, if applicable, by proposing an extension of the deadline. If the Consumer has accepted the proposed extension, they may, in the event of a delay, 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 permanently impossible due to force majeure, the contract will be automatically terminated.

8. Terms of service provision and delivery

In the absence of a written agreement to the contrary, apart from audit, evaluation, coordination, and planning meetings with the Client, services will be performed from our offices. Installation is carried out at the agreed locations mentioned in the offer signed by the Client. Before installation, MYCIO will contact the Client to schedule an appointment. In case of an impediment, the Client must inform MYCIO at least 24 hours in advance. Failing this, a flat fee representing travel expenses and lost hours will be invoiced at an hourly rate of €125 excluding VAT. In the event of the Client's absence on the day of the appointment, making installation impossible, a flat fee representing travel expenses and lost hours will also be invoiced. The Client must provide a suitable location for the installation of the equipment, which implies, among other things, a standard power supply and secure electrical outlets. Unless otherwise stated in the offer or quote, the installation does not include any training related to the use of the hardware or software. Delivery covers the hardware/software mentioned in the contract and is carried out by direct handover to the Client at the agreed locations. Delivery is made at the Client's expense and risk. Upon delivery, the Client acknowledges receipt by signing the intervention report. The Client is required to verify that the delivered hardware/software complies with what was ordered. Any delay in payment may result in a delay in the installation or delivery of the hardware/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 quote, but equivalent in terms of technology and performance, if it deems it necessary or desirable for practical organizational and/or technical reasons. MYCIO only requires the Client's approval if the price of the system proves to be higher than the price set in the offer or quote.

9. Subcontracting

MYCIO reserves the right and is therefore authorized to call upon a subcontractor of its choice to perform all or part of the services. MYCIO shall in no way be required to notify the Client of any potential use of a subcontractor, or any subsequent change of subcontractor. In the event of subcontracting, MYCIO undertakes to assign qualified personnel to the execution of its services and to ensure, as far as possible, that said personnel possess the necessary skills and means for the proper execution of these services.

10. Collaboration

The Client undertakes to provide MYCIO, upon first request, with all information and documents useful and necessary for its service. The Client must guarantee the accuracy, completeness, and reliability of the information and documentation provided to MYCIO, even if they originate from third parties, and must inform MYCIO in a timely manner of any changes to their data. In the event that MYCIO cannot obtain the necessary information from the Client in a timely manner—including for reasons of force majeure—to perform its mission, it will inform the Client in writing. If the situation is not remedied, MYCIO's obligations will be suspended until a solution is found or the requested information is provided. Such delays may in no case give rise to damages on the part of the Client.

In general, the Client is responsible for the implementation and operation of the IT system. The Client also ensures the quality, availability, and reliability of networks and servers. It is the Client's responsibility to verify that they have, in particular, the technical means allowing for the normal use of the service and the hardware/software. The Client must also indicate to MYCIO all technical constraints of which they are aware and which could influence the quality of the service and the hardware/software. The Client will take all necessary measures to ensure that their equipment is compatible with that of MYCIO. The total or partial impossibility of using the service and the hardware/software due to incompatibility cannot give rise to any compensation, reimbursement, or liability on the part of MYCIO. The Client must ensure that the hardware/software is installed in a location allowing for rational layout as well as normal conditions for assembly, use, and maintenance. MYCIO may request another location if the proposed one is unsuitable. The Client assumes at their own expense the placement, at the locations determined by MYCIO, of the electrical connections and/or grounding necessary for the operation of the hardware/software, and ensures their maintenance. MYCIO reserves the possibility of modifying the network configuration, equipment, or passwords, provided that the quality of the service and the hardware/software is not significantly impaired. MYCIO will endeavor to notify the Client in time of any such modification. MYCIO may, to the extent necessary, interrupt the service for operational reasons or in the event of emergency maintenance.

11. Pricing

The prices appearing in our price lists, 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 adjusts its prices annually based on the Consumer Price Index for the January–January period.

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

Our prices cover only the hardware/software and services described in the contract signed by the Client, to the exclusion of all other hardware/software and services. In any event, the price does not cover costs related to additional hardware/software or services that may be rendered necessary.

In the event that the price of products delivered or services provided by a third party is increased after the conclusion of the contract, MYCIO shall have the right to pass on this increase in the contract price by notifying the Client via email. This price adjustment shall be deemed accepted by the Client 8 working days after the notification is sent, unless the Client objects within that period by email. In the absence of the Client's agreement, MYCIO shall have the right to unilaterally terminate the contract by simple email notification, without compensation.

Any additional difficulty resulting in extra work on our part, caused by any circumstance external to our company, as well as any modifications requested by the Client, shall be subject to a prior written agreement signed by all parties and additional invoicing based on our hourly rate in effect at that time. 

12. Payment Terms – Invoicing

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

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

► Other invoices are payable within 14 days of the invoice date.

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

► Deposits paid by the Client are applied toward the order price. They constitute a commencement of the contract's execution and not earnest money, the forfeiture of which would allow the Client to be released from their obligations.

In the event of a direct debit for the payment of services provided, the Client acknowledges and accepts that any payment rejected due to insufficient funds or for any other reason will incur bank charges. These bank charges will be re-invoiced to the Client by MYCIO. The Client is responsible for ensuring that sufficient funds are available in their account for the payment of services.

In the event of non-payment of an invoice by its due date, the payment of all invoices sent to the Client shall become immediately due. Furthermore, the Client shall be liable to us, by operation of law and without prior notice, for a penalty clause equal to 15% of the unpaid amount (with a minimum of €200.00 per invoice) and conventional late payment interest of 12% per annum until full payment is made. Administrative fees for payment reminders and formal notices will be charged by MYCIO to the Client at €25.00 and €50.00 respectively, and any file transferred to a lawyer will incur an additional fixed indemnity of €200.00 to cover administrative collection costs, without prejudice to the right to claim full legal costs in the event of judicial proceedings. The potential granting of payment facilities does not imply a waiver of the right to collect late interest and the penalty clause. Failure to pay a single invoice by its due date will automatically, by operation of law and without prior notice, grant MYCIO the right to suspend the delivery of hardware/software and the execution of its services, without prejudice to the right to proceed with the forced execution of the sums due and contractual penalties.

MYCIO reserves the right to assign the debt to a collection agency. The agency will apply penalties and administrative fees which will be borne by the Client.

13. Retention of Title

Hardware/software provided to the Client in the course of performing services remains the property of MYCIO until full payment of the price. However, these items are under the Client's exclusive care and responsibility. The same applies to services already performed.

14. Hardware and Software

The Client shall obtain only 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 property rights, including copyright relating to the software, documentation, and delivered media on which the software is made available. By the mere act of using the software and/or documentation, the Client agrees to the related license terms. The Client is prohibited from reproducing the software and related documentation, except for the purposes of normal backup, from making or having made modifications or additions to the software and documentation, and from disclosing all or part of the software and documentation, in any form whatsoever, to third parties. The Client and/or the user shall refrain from removing or modifying any sign that determines ownership or origin.

15. Warranty

The warranty for hardware and/or software sold and/or installed by MYCIO is limited to that granted by the manufacturer/software author, which the Client is familiar with or is expected to have fully informed themselves about before entering into the contract, effective from the date of purchase/start of the license. In all cases, the warranty is limited to the repair or simple replacement of defective hardware/software, 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. Any defective hardware/software or items returned to the manufacturer/software author that are not claimed by the Client after 3 months shall become our property.

16. Assignment

MYCIO is authorized to assign or pledge, in whole or in part, the obligations resulting from this contract, it being understood that such assignment or pledging does not in any way alter the terms and conditions of the contract. The Client will be informed of such assignment or pledging via a letter sent to the Client 15 days before the effective date of the assignment. The Client may only assign the contract concluded with MYCIO with our written consent; our silence shall be deemed a refusal.

17. Client Responsibility

The Client agrees to execute the contract in the best interests of MYCIO and not to hinder MYCIO in any way in the performance of its contractual obligations.

The Client is responsible for using the service in a reasonable and prudent manner, in accordance with applicable laws and regulations, including but not limited to rules relating to online services, e-commerce, intellectual property rights, public decency, and public order, as well as universal principles of Internet usage. The Client agrees not to use the service for any purposes other than lawful ones.

The Client is solely responsible for the information saved and shared, which We are not required to monitor. In this regard, the Client agrees not to use our services, in particular, to save or share content that is obscene, pornographic, or that incites sectarianism or religious, racial, or ethnic hatred. The Client is civilly and criminally liable for the information transmitted or collected, its use, comments exchanged on discussion forums, and/or published on mailing lists, hyperlinks, third-party claims, and any civil and/or criminal actions they may trigger, particularly regarding 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 storage space of the Client whose content contravenes the provisions of this article, without the Client being entitled to any compensation for this.

The Client shall ensure the proper care of the hardware/software. The hardware/software may under no circumstances be moved or adapted without the intervention of MYCIO. The Client shall be responsible for any damage to the hardware/software resulting from a malfunction or failure of any equipment installed by the Client.

The Client is solely responsible for the proper functioning or sufficient bandwidth of the Internet connections required for backup, replication, and more generally for the services. The Client may not hold MYCIO liable in the event of insufficient Internet connections for any reason whatsoever.

The use of the service may present risks of third-party intrusions or viruses against the Client's computer system; it is the Client's responsibility to take all appropriate measures to ensure that no other person has access to the service without their authorization and to protect their data and software. The Client agrees to maintain the secret and confidential nature of their identification code (password and username). The Client is entirely and exclusively responsible, without any recourse against Us, for the use of the service by third parties to whom they have voluntarily or involuntarily granted access to their data, as well as for the consequences thereof.

The Client indemnifies MYCIO against all costs, damages, claims, expenses, and proceedings resulting from actions brought by third parties concerning the acts, faults, or negligence of the Client.

18. MYCIO Responsibility

All of MYCIO's obligations constitute obligations of means. Under no circumstances can MYCIO be held to an obligation of results. MYCIO's liability is only incurred in the event of fraud or gross negligence on its part or a violation of a mandatory law. In accordance with Book 6 of the new Belgian Civil Code, MYCIO's liability is limited to the repair of only the foreseeable, direct, personal, and certain damages suffered by the Client, to the exclusion of any indirect or immaterial damages. In any event, MYCIO's liability shall be limited to an amount not exceeding 25% of the total amount of the service provision or hardware sale contract.

The removal of the prohibition on the concurrence of contractual and extra-contractual liability allows the Client to choose the most appropriate legal basis to claim compensation. However, this liability will always be limited to the amounts provided for by the contract binding the parties.

MYCIO cannot be held liable for the fact that the service and/or materials do not meet the Client's expectations if these were not explicitly stated in writing at the time the contract was concluded.

MYCIO provides no guarantee to the Client regarding the uninterrupted or error-free operation of the service, the Client's computer equipment, its operation, or that of its hardware and software components. MYCIO is not responsible for Internet access time, data transmission delays or quality, or any restrictions on access to networks and servers connected to the Internet. MYCIO cannot be held liable for hardware malfunctions due to technical specificities (such as Internet services, ADSL, or faulty cabling) that were not mentioned in the quote. MYCIO cannot be held liable for the compatibility of the installed goods with other hardware/software that it did not sell or install.

MYCIO's liability will not be incurred in the event of misuse of the service by the Client or in the event of partial or total destruction of stored information following errors directly or indirectly attributable to the Client. MYCIO declines all responsibility if the backup is prevented by the deterioration or malfunction of the Client's hardware/software or any external element beyond its control. Furthermore, MYCIO will in no way be responsible for the failure to back up data or files exceeding the storage volume provided for by the contract.

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

The Client is required to appropriately protect their own devices, especially against viruses and intruders, and assumes full responsibility for doing so. MYCIO will not be responsible for modifications or additions made to the hardware/software by anyone other than MYCIO.

MYCIO disclaims all liability for the acts or omissions of its agents or independent contractors, except in cases of proven negligence in their selection or supervision. Commitments made by such third parties are only binding on MYCIO within the limits set forth in the contract between MYCIO and the Client.

MYCIO shall never be held liable for defects resulting from insufficient maintenance, normal wear and tear, improper use of the installation, or lack of supervision. In any case where an expert assessment is deemed necessary or useful, the expert shall be appointed at our request or at the request of an insurance organization.

19. Insurance

MYCIO is covered by professional insurance. This insurance policy guarantees the financial consequences of the Professional Civil Liability that it may incur due to bodily injury, property damage, or intangible losses caused to third parties. "Damages" refers to any type of damage that MYCIO or its staff may directly cause to the Client, the Client's staff, or third parties.

MYCIO undertakes to maintain these guarantees throughout the duration of the contract and to provide proof thereof upon the Client's request.

20. Termination

In principle, neither party may terminate the contract by its own will alone. However, in the event of force majeure (unforeseeable and insurmountable circumstances) that makes the continuation of the contractual collaboration reasonably and irrevocably impossible, each party may terminate the contract without judicial intervention and without indemnity, provided that the price for services already rendered and/or materials/software already delivered is paid, or the portion of the price not covered by undelivered services or materials/software is refunded. Furthermore, the parties may terminate the contract without judicial intervention and without indemnity if the other party is subject to a final judgment for fraud, corruption, participation in a criminal organization, or any other criminal offense likely to harm the reputation of its contracting partners. Regardless of 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 termination letter.

21. Cancellation Clause

If the Client nevertheless terminates all or part of the contract concluded between them and MYCIO early, they must pay MYCIO, in addition to the price of services already performed and materials/software already delivered, a fixed and irreducible cancellation fee equal to 60% of the total amount of the order or the remaining services to be performed, with a minimum of €500.00. This fee covers, without limitation, lost profits, a share of marketing costs, administrative and accounting management costs, and the cost of storing the materials and software necessary for the services performed by MYCIO. This indemnity shall be payable on the date of termination of said contract. In the event that the Client is a Consumer, MYCIO shall be liable to the Client, in the event of early termination on our part, for the same fixed and irreducible cancellation fee equal to 60% of the total amount of the order or the remaining services to be performed, payable on the date of termination of said contract. However, MYCIO shall be entitled to retain sums corresponding to the amount of services already performed and materials/software already delivered. In any event, no request for termination may be made after the ordered equipment has been delivered to the Client.

22. Express Resolutory Clause

MYCIO is entitled to terminate the service contract by right and without judicial intervention by notification sent to the Client via registered letter in the event of a serious breach by the Client of any of its contractual obligations, including (i) if payment of an invoice is more than fifteen calendar days overdue, (ii) if it appears that the Client will not or is seriously likely not to perform one of its obligations, even before that obligation is due, or (iii) if the Client shows manifest signs of insolvency. In such cases, the Client must also pay MYCIO, in addition to payment for services already performed and materials/software already delivered, a fixed and irreducible indemnity equal to 60% of the total amount of the order or the services remaining to be invoiced, payable on the date of termination of said contract. In the event that the Client is a Consumer, MYCIO is only entitled to terminate the contract without compensating the Client in the event of force majeure. In other cases, MYCIO shall be entitled to terminate the contract by right and without judicial intervention, subject to a reasonable notice period and the payment of a fixed indemnity identical to that owed by the Consumer in such cases. In the event that the contract is terminated due to the Client's fault, the Client also undertakes to return, at their own expense, all materials/software that have not been incorporated within 24 hours of termination, failing which MYCIO shall be authorized to retrieve them wherever they may be found. This right may be exercised upon written notification from us.

23. Force Majeure or Fortuitous Events

MYCIO cannot be held liable, either contractually or extra-contractually, for any temporary or permanent failure to perform its obligations when such failure results from a case of force majeure or a fortuitous event.

The following events shall be considered cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of MYCIO's computer system or database when such an event cannot reasonably be directly attributed to MYCIO and it is not demonstrated that MYCIO failed to take reasonable measures to prevent such an event, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections and riots, 11) a stoppage of energy supply (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network upon which MYCIO depends, 15) an act or decision of a third party when such decision affects the proper execution of this contract, or 16) any other cause beyond MYCIO's reasonable control.

24. Unforeseeability

If, due to circumstances beyond MYCIO's control, the performance of its obligations cannot be continued or is simply rendered more burdensome or difficult, MYCIO and the Client undertake to negotiate in good faith and fairly an adaptation of the contractual conditions within a reasonable time in order to restore their balance. In the absence of an agreement within a reasonable time, each party may invoke the termination of the contractual relationship binding them without compensation or indemnity of any kind.

25. Complaints

The Client shall send complaints regarding the performance of our services or MYCIO's invoicing by registered mail, specifying the reason for the dispute in detail, within 8 days of the invoice date or within 48 hours of the delivery of materials/software or the completion of services, under penalty of foreclosure. Without prejudice to the foregoing, the Client shall be presumed to have irrevocably accepted the result of MYCIO's service or the delivered materials/software unless these remarks or disputes have been transmitted within the aforementioned deadlines.

26. Intellectual Property

Any intellectual property right arising from services provided in the context of a consulting mission, website development, or the development or improvement of computer software carried out for the benefit of the Client must be considered the property of our Client, except for specific contrary provisions or inalienable rights. It is understood, however, that MYCIO may make use of the content of the work performed for parts not directly related to the Client's business. All logos, trademarks, photos, and designs appearing on the documents are our property. Any partial or complete reproduction of these logos, trademarks, photos, and designs, on any medium whatsoever, for commercial, associative, or charitable purposes, is prohibited without our consent or that of the holders of the trademarks or rights attached to these graphic representations.

27. Confidentiality (detailed on our website)

MYCIO is committed to respecting the confidentiality of all information brought to its attention during the course of its work. The Client must take all necessary measures to ensure their data is protected or, failing that, notify the technician before any work begins. MYCIO agrees not to disclose any information communicated by the Client that is expressly stipulated as confidential.

The Client agrees to keep strictly confidential all information they may have accessed regarding MYCIO, its services, products, pricing, and contracts for the entire duration of the contractual relationship and for ten years after its termination, for any reason whatsoever. The Client guarantees that this confidentiality will be upheld by their past, present, and future employees and agents.

28. Personal data protection (detailed on our website under GDPR and cookies)

Personal data transmitted by the Client is stored in MYCIO’s files. MYCIO processes the Client's personal data for the following purposes: provision and invoicing of services, dispute management, management of the relationship with the Client, market research, fraud and crime prevention, service quality control, and sending commercial information and campaigns to the Client regarding MYCIO’s hardware/software and services. Data will only be shared with third parties for the purposes specified above. The Client may object to the processing of their personal data for direct marketing purposes by contacting Customer Service. Private numbers are not marketed by default. The Client's data will be kept in accordance with the retention periods required by law. The Client has the right to access and rectify their personal data.

29. Language

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

30. Miscellaneous

For the duration of any service agreement and for a period of six months following its termination, the Client shall refrain from any attempt to hire, or from directly or indirectly hiring, any of MYCIO’s employees, under penalty of paying us an irreducible indemnity of EUR 30,000.00 per employee concerned, without prejudice to MYCIO’s right to claim compensation for greater damages if applicable.

MYCIO reserves the right to mention the Client’s name and/or logo on its website and in its communications for the sole purpose of promoting MYCIO’s services. Any citation or testimonial will be subject to an explicit request to the Client and will only be published with their formal consent.

31. Governing law – jurisdiction

The contractual relationship between the parties is governed exclusively by Belgian law.

The failure of a party to exercise, for a certain period of time, its rights under these general terms and conditions shall never constitute a waiver of those rights. The potential invalidity of any clause in these general terms and conditions shall not affect the validity of the remainder. To the extent possible, the parties shall replace the invalid clause with a valid clause that has an equivalent economic effect. In particular, the parties expressly acknowledge that clauses equivalent to the benefit of the Consumer within the meaning of the Code of Economic Law shall be considered included in these general terms and conditions of service.

We seek a long-term collaboration with the Client. Consequently, in the event of a dispute, the parties will first attempt to resolve their disagreement amicably, if necessary by calling upon an accredited mediator. Only if the dispute persists for more than one month after the start of amicable negotiations will any dispute relating to the validity, interpretation, or execution of the contract and/or these general terms and conditions be submitted to the courts of Brussels and, where applicable, the Justice of the Peace of the 1st Canton of Brussels. No legal action may be brought, under penalty of inadmissibility, if no attempt at amicable conciliation has been made beforehand.

Updated on April 8, 2025.