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Definitions |
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Belgacom: the autonomous public-sector company with limited liability under public law, with its registered office at Bd du Roi Albert II 27, B-1030 Brussels, VAT BE 0202 239 951, Brussels Register of Legal Entities.
Directory: the paper and/or electronic version of the telephone Directory published by Belgacom or for the account of Belgacom which contains the publically accessible data of customers of a telephone service in Belgium.
Additional Ads or Ads: all information which Belgacom proposes to include in the Directory, other than those provided for under the law as forming part of the information which must be Aded for free in the directories by the provider of the universal service of directories.
Websites: any website of Belgacom on which the latter sets out the Ads. By way of example, www.1207.be, www.1307.be, www.informe.be.
Order Form: order form for the insertion of the Additional Ads in the Directory.
Advertiser: the natural or legal person who orders the Additional Ads and concludes the Contract.
General Terms and Conditions of Telephony: Belgacom's general terms and conditions of telephony available in all Belgacom services accessible to the public and which, assuming that the Advertiser is also a Belgacom customer for the telephony service, are applicable in addition to these Specific Terms and Conditions insofar as they remain compatible with the latter.
Contract: the contract between Belgacom and the Advertiser consisting of a) these Specific Terms and Conditions b) the related Order Form and c) the General Terms and Conditions of Telephony insofar as the Advertiser is a Belgacom customer for the telephony service and these Specific Terms and Conditions do not depart therefrom. |
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Conclusion of the Contract |
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The Advertiser informs Belgacom of its intention to order an Ad and all the related information.
Belgacom draws up a proof in black and white of the Ad based on the information communicated by the Advertiser, fills in an Order Form on the basis of the information communicated by the Advertiser and sends these documents to the latter. If the Advertiser accepts Belgacom's proposal, he returns the Order Form to Belgacom, duly signed. By signing the Order form, the Advertiser declares that he has taken cognizance of and accepts the Contract and has submitted a definitive and irrevocable order to Belgacom for the insertion of the agreed Ads.
The order does not take effect and the Contract is not deemed to be concluded until Belgacom receives the Order Form signed by the Advertiser.
These Specific Terms and Conditions together with the Order Form constitute the entire agreement between Belgacom and the Advertiser with respect to the Ads of Ads in the Directory. |
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Belgacom's obligations |
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Provided that it has accepted the Advertiser's order, Belgacom undertakes to publish the agreed Ads in the Directory:
- in the electronic version of the Directory, available on the Websites. For information, Belgacom endeavors to publish the Ads within 48 working hours;
- insofar as Belgacom publishes a paper version of the Directory, in the next paper edition of the Directory, according to the production cycle available on www.phoneinfo.be.
The Advertiser acknowledges that Belgacom does not in any way undertake to publish and/or distribute a paper version of the Directory. However, if Belgacom does publish a paper version, the publication of the Ads in said paper edition is done in black and white. The publication of the Ads in the electronic edition of the Directory may be done in color, depending on what the parties have agreed.
The organization of the Ads is done according to the rules applicable at Belgacom for the Directory's structure. Belgacom reserves the right to change the organization of the entries, the page design, format, color and layout of the Directory and of the contents of its websites in general at any time, without being required to pay the Advertiser any compensation. In any event, the Advertiser acknowledges and accepts that the Ads may appear beside other Ads of third parties, for instance, of competitors.
The Ads may appear in other media of Belgacom and of its partners which set out the content of the websites. |
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Responsibility relating to the Ads |
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The Advertiser is fully responsible for the exactitude and legality of each element, information, text, illustration, distinctive sign, etc. which he communicates to Belgacom for the realization and publication of the agreed Ads. If the Advertiser provides Belgacom with material within this framework, he shall guarantee that this material does not contain any defects that are likely to cause Belgacom damage, notably computer viruses.
The Advertiser guarantees Belgacom that he is duly authorized to have the agreed Ads published and that such Ads comply with all applicable legal provisions, notably with regard to public order, decency and the regulations on advertising and trade practices along with the rights of third parties, especially their intellectual property rights.
Belgacom reserves the right not to publish the Ads, or to amend or delete it at any time through the means it deems the most appropriate or to suspend or terminate the Contract without being required to pay the Advertiser any kind of compensation if Belgacom has reason to believe that the Ad is in breach of the legal provisions, third-party rights or its general commercial policy.
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Change to the Ad |
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The Advertiser may request a change to the agreed Ads. Belgacom will endeavor to apply the requested changes as soon as possible. These changes will be published on the websites as soon as possible, within 48 hours (this time frame is for information only and non-binding). For any paper version of the Directory, the changes will only be published in the edition of the following publication cycle.
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Term and Termination of the Contract |
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Unless the parties have explicitly agreed on a different term for the Contract, the Contract is concluded for one year and is tacitly renewable for a one-year period each time.
The Advertiser may terminate the Contract by sending written notice at least three months before the expiry of the contractual term underway.
Consequently, the agreed Ads will be automatically included in later editions of the Directory unless the Advertiser terminates the Contract as provided under the Contract. |
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Accessibility of the websites |
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Belgacom endeavors to ensure that the websites are accessible at all times but does not make any commitments with regard to such availability.
For instance, Belgacom cannot under any circumstances be held liable for viruses or third-party interventions which can have an impact on any of the elements of these websites, the transmission speed, the presentation on the screen, etc. In this regard, Belgacom does not guarantee that an Ad always meets the agreed specifications and positions or the color, format and layout.
Belgacom shall not under any circumstances be liable for disruptions to these websites as a result of the periodical maintenance of said websites.
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Belgacom's liability |
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Belgacom is liable solely for deception or serious misconduct on its part or on the part of one of its employees. It cannot under any circumstances be held liable for damage such as loss of customers, loss of business opportunities, loss or corruption of data, etc. If Belgacom is held liable and unless there is a legal provision to the contrary, the parties acknowledge and accept that this liability is limited to the reimbursement of the price of the Additional Ad concerned.
Furthermore, if the Advertiser believes that Belgacom has failed to meet its contractual obligations, he must notify Belgacom by registered letter, within 3 months of the Ad being published. Beyond that time frame the Advertiser's claim can no longer engage Belgacom's liability.
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Prices, billing and payment |
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The prices of the Ads are indicated without VAT and are communicated to the Advertiser before the Contract is concluded. They can be consulted on www.phoneinfo.be.
The bill drawn up by Belgacom is sent to the Advertiser or a third-party payer appointed by him. As regards Advertisers who have one or several telephone numbers in service with Belgacom, the amounts will be billed under the telephone number provided for the billing in accordance with the methods provided for in the General Terms and Conditions of Telephony. For Advertisers who do not have a number in service with Belgacom, the amounts will be included on a separate bill.
The amounts billed by Belgacom are payable within the time frame mentioned on the bill. Payment must be made by bank transfer, to the account number specified by Belgacom, with an indication of the reference details (structured communication).
Belgacom will inform the Advertiser of the amount to be paid if the latter claims not to have received his bill. A copy of the bill will be provided to the Customer on request. Repeated requests by the customer for duplicate bills and requests for copies of bills predating the last three bills may result in the Advertiser being charged a fixed administrative charge per copy.
Reminders result in the Advertiser being billed a fixed administrative charge.
The expiry of the due date for payment indicated in the reminder will serve as official notice to the Advertiser. Interests on arrears calculated at the legal interest rate are due per day of arrears on the total non-contested amount of the bill in case the bill has not been paid at the end of the term.
Where Belgacom entrusts the recovery of the debt to a third party, the Advertiser will be charged a fixed additional amount.
In case no payment is forthcoming, Belgacom reserves the right to remove the listings. |
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