Using its interface available at www.cycade.com, Cycade offers full graphical assistance, as well as a content management module with a very wide range of options enabling you to create and customise a personal or professional website (hereinafter referred to as the "interface").
A number of products are offered on the interface to match user requirements:
All existing Cycade products exist in two versions: electronic, or as a boxed set and user guide.
Cycade guarantees that the elements, services and features made available to the user, if they are used in accordance with the instructions provided in the corresponding documentation, are generally in keeping with the indications stated in the description, as given above, and that the software and all elements created by Cycade and made available to the user respect the rights of Third Parties, and more generally are not unlawful.
Cycade is generally bound by an obligation of means. Cycade shall under no circumstances be held liable for any damage, direct or indirect, incurred by the user while using the interface made available to him/her. Cycade may only be held liable for fraud or for gross negligence committed by Cycade. It will not be held liable for fraud or gross negligence committed by its employees, principals or more generally by its representatives.
The user will assume full responsibility for the configuration of the interface made available to him/her at www.cycade.com
To carry out this configuration, the suitability of the products to the user's needs should be attended to, using the current and future options available on the interface, without rewriting all or part of the source code. Configuration does not include the development of specific modules/features, the transfer of existing data to the interface or the development of graphical or ergonomic aspects other than those already present in the interface.
The user accepts that the graphical features/charts etc. presented on the interface are liable to change. Therefore, certain features will be deleted and others added, and the user may not consider access to a particular feature an acquired right. Similarly, Cycade alone will decide when to include/delete a feature presented on the interface.
The user declares having received all the information and advice from Cycade that is necessary for using the interface and will not seek Cycade's liability in this regard.
It is ultimately the responsibility of the user to devote sufficient human and computer resources to ensure a connection to the interface. The user will be the sole party responsible for the human and computer resources that they deem useful to introduce to carry this out.
The maintenance of the interface and its availability to the user includes:
Maintenance does not include:
Under no circumstances will this technical assistance be used to resolve the following problems:
Access to the interface is only permitted subject to the acceptance of the present user conditions, which Cycade will be free to change at any time by inserting notifications of the change directly onto the interface, or links pointing to these notifications.
All notifications may also be sent to the user via e-mail or by post.
Additional rules and guidelines shall be considered an integral part of the present general terms and conditions. Users are therefore recommended to regularly consult the latest version of these terms and conditions, which will always be available at the following web address: www.cycade.com/disclaimer
By accessing the interface, the user agrees to provide accurate, up-to-date and full information and to regularly update this information. Should the user fail to do this, Cycade will have the right to suspend or to terminate the account, or to refuse access to all or part of the interface.
In order to access the interface, the user will receive a log-in username and a password. The user will be the sole person responsible for keeping their log-in username and password confidential, and for any action(s) which may be made on the account with the log-in username and/or the password. The user explicitly undertakes (1) to inform Cycade immediately of any unauthorised use of the account and/or the password, as well as any breach of the interface security, and (2) to ensure that at the end of each session, the user properly logs off from the interface.
Cycade may under no circumstances be held liable for any loss or damage arising from the failure to meet the obligations detailed in the present chapter. Cycade offers no guarantees in the event of the deletion or lack of memory storage space for any message, communication or any other contents broadcast or sent via the interface.
Finally, Cycade is free to terminate any open session remaining inactive for a certain length of time.
The user is expressly forbidden to:
The user will remain the sole party responsible for the information content he/she puts online or requests to be put online. He/she undertakes to comply with all the rules and regulations which may hinder, limit or regulate the broadcast of information, for example: codes of conduct and netiquette, protection of private life and intellectual rights, etc. Similarly, the user guarantees Cycade that he/she holds all the rights and/or authorisations necessary in order to put the content of his/her website online, and he/she will hold Cycade harmless against any complaint made by a third party claiming an intellectual or industrial right on any of the elements of the aforementioned website whatsoever, and more particularly any text, images, graphics, photos, audio or video films, files, software or databases that the user has integrated into the interface.
The user remains the owner of the elements and data supplied through the interface and will assume all risks in the event of loss, due to whatever cause.
Either at its own initiative or at the initiative of a third party, Cycade shall have the right to temporarily or definitively suspend access to the interface if there is reasonable suspicion that a legal or regulatory provision, or a contractual rule has been broken. The user may not claim any compensation in the event of any error in judgement, except for the fraud or gross negligence of Cycade.
Cycade reserves the right, at any time and for any reason whatsoever, to modify or temporarily or permanently suspend full or partial access to the interface, without needing to inform the user in advance. Such will be the case, for example, during maintenance or a major change to proposed services and/or features.
Cycade may not be held responsible for any damage, direct or indirect, arising in connection with a change, suspension or interruption to interface access, for any reason whatsoever.
Except in the case of gross negligence on its part, Cycade may not be held responsible to the user for any fault or damage, direct or indirect, which may arise from the usage of the features offered on the interface.
The user will also hold Cycade harmless from any complaint in one or other of the following cases:
The user will do their utmost to respect, or to have respected by a third party advertiser or other party, the following advertising rules.
The user's website will be hosted on COMBELL company servers, whose offices are located * (hereinafter referred to as HSP), in accordance with the specifications given at www.cycade.com/*. However, Cycade reserves the right to change the hosting service supplier at any time, and without notifying the user. In this event, Cycade will ensure that the user is sent details of the new hosting specifications.
Unless otherwise stated in the general terms and conditions of the COMBELL company or any other contractual document, the provisions of this section will be applied.
The user undertakes to do the following for the hosting service provider (HSP):
The HSP has a minimum obligation to the user as follows:
The websites must be the subject of professional hosting, in accordance with the industry-wide regulations, taking into account the specification as set out at www.cycade.com/;
The setting up and operational test period for the website must include checks:
The web server must hold all the software required by specifications;
The web server must be constantly connected to the Internet, enabling uninterrupted access to the website, in accordance with the specifications, except during periods planned for maintenance of the web server and times when the network is down through no fault of the HSP;
Subject to the previous paragraph, the web server must have the capacity to process simultaneous Internet user connections, in accordance with the specifications, without the webpage download speed being significantly affected;
The HSP must resolve any problems affecting the performance of the web server as soon as possible after it becomes aware of them, or after it has been notified of them by the company, with the first of these two cases taking precedence;
The web server must be suitably and permanently protected against any unauthorised intrusion, both physical and virtual, and must offer all security guarantees recognised across the industry (or: the security guarantees included in the specifications);
The web server must be subject to regular maintenance and be free of all known and identifiable viruses;
The web server and the software associated with its operation must be kept up to date; software updates and patches must be included on a regular basis, as soon as they become available; more particularly, software patches associated with the operation of the web server and fixing security problems must be integrated as soon as possible following their release;
The files, software and software components of the website must be subject to regular back-ups, kept on a suitable medium and in a safe place.
Except in the case of gross negligence on its part, Cycade may not be held responsible to the user for any fault or damage, direct or indirect, which may arise from hosting the website with the COMBELL company.
The user will also hold Cycade harmless from any complaint in one or other of the following cases:
The information, logos, images, trademarks, models, slogans, graphical charts etc. present on the cycade.com interface are protected by intellectual and industrial property law (copyright, trademarks, etc). Unless explicitly authorised to this effect by Cycade or the relevant third party, the user is not authorised to modify, copy, rent out, borrow, sell, distribute or create works based in full or in part on the elements presented on the interface. It is consequently forbidden (and the user may not agree to any other authorisation) to copy, modify, create a derivative work, reverse the design or composition or in any other way attempt to find the source code, sell, attribute, sub-licence or transfer any right attached to the interface in any way whatsoever.
Specific software: on the strict condition of respecting all the obligations as set out in the present general terms and conditions, the user will benefit from a non-exclusive and non-transferable right to freely use the software, graphical charts and/or features presented on the interface in any country and without time limitation, by any means necessary for the proper performance of the website and its viewing by Internet users.
Standard software: the present general terms and conditions may not be interpreted as conferring any ownership rights whatsoever to the user with regard to the standard software used by Cycade for the development and maintenance of the interface.
Other works produced by Cycade: any further works produced by Cycade specifically for the user and which do not form part of the interface as described in article 1 of these general terms and conditions will become the property of the user upon full payment of the amounts due to Cycade.
Know-how: Cycade remains the owner of the know-how developed or used for the development and maintenance of the interface, and is free to use it for any other purposes.
The user will choose their own domain name, taking into account the rights of third parties. He/she will cover Cycade for this matter in full, including all interest and costs.
Cycade will take responsibility for reserving the domain name in the name and on behalf of the user, with the costs entirely borne by the user, on the conditions to be fixed between the parties on the purchase order or on any other contractually binding document.
Cycade treats all user data in a confidential manner, in accordance with national and international law, including amongst other the Belgian law of 8th December 1992 relating to the protection of privacy with regard to the processing of personal information, as amended by the law of 11th December 1998.
The information is included in Cycade files and will be used for the management of users, publications, features offered on the interface and in order to improve the quality of services on offer, in order to inform users of new services and products from Cycade and occasionally from Cycade's partners.
The user may block the processing of the personal information at any time for any serious and legitimate reason(s).
It is also possible to configure the browser to inform the user each time a cookie is created, or to prevent the creation of cookies (some services requiring cookies will therefore not be available).
Cycade may disclose the user's personal details upon request by a legal authority or in good faith while considering that such an action is necessary to comply with any applicable law or regulation. This will also be the case in the event of a lawsuit brought by Cycade in order to protect or defend its rights or property.
Finally, Cycade may disclose these details in extreme circumstances, in order to protect the personal safety of Cycade users, Cycade itself and/or the website or the public.
The party in charge of processing personal details is *, whose offices are located at *.
Any questions regarding the records and processing of information may be sent to this address. Through a signed and dated written request sent to Cycade, the user may, after having proven his/her identity, (copy of his/her identity card and statutes), freely obtain a written account of the personal details concerning him/her, as well as the correction of any incorrect, incomplete or irrelevant details, if necessary.
A copy of the information will be sent 45 days after receipt of the request at the very latest.
The present collaboration between the parties will take effect on the date of accepting the present general terms and conditions, for an unlimited period. Each party may terminate the agreement with notice send to the other party by registered mail with acknowledgement of receipt.
Each party may, without prejudice to its right to damages and interest, terminate their collaboration as of right and without formal notice in the event of a serious failing by the other party with regard to its obligations as set out in these general terms and conditions, and which has not been rectified within a period of fifteen (15) days following notice sent by registered mail.
The following is a non-exhaustive list of what may constitute a serious failing:
In any event, the collaboration between the parties will be terminated as of right and without notice in the following cases:
If any of the provisions of the present general terms and conditions are declared null and void with regard to an applicable regulation or legal ruling becoming definitive, it will be deemed unwritten, while the other provisions will maintain their force and scope.
In this case, the parties will negotiate, in good faith, a replacement for the invalid clause, with a clause as closely economically equivalent to the original clause as possible.
Neither of the parties may seek the liability of the other if the performance of the present agreement is delayed or hampered due to force majeure or an Act of God or any other external cause, such as: natural disasters, strikes, riots, wars, etc.
In the event of the suspension of the collaboration between the parties for a period of more than one month for reasons of force majeure, the agreement will be terminated as of right and without damages or interest.
Any termination invoking the breach of any provision whatsoever from these general terms and conditions may not, however, constitute a termination invoking prior, simultaneous or future breaches of the same or other provisions.
Such a termination will only come into effect if it is made in writing.
Belgian law is applicable to all parties.
In the event of any dispute, only the Belgian courts will hold jurisdiction.