Force majeure or fortuitous events. The service provider cannot be held liable, either contractually or extracontractually, in the event of temporary or definitive non-performance of its obligations where such non-performance results from force majeure or fortuitous circumstances.
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 service providers computer system or database when any of these events cannot reasonably be attributed directly to the service provider and it is not demonstrated that the service provider failed to take reasonable measures to prevent any of these events,
6) acts of war or terrorism,
7) declared or undeclared strikes,
10) insurrections and riots,
11) a shutdown of energy supply (such as electricity),
12) a failure of the internet or data storage system,
13) a failure of the telecommunications network,
14) a loss of connectivity to the internet or telecommunications network on which the service provider depends,
15) a fact or decision of a third party where such decision affects the proper performance of this contract or
16) any other cause beyond the reasonable control of the service provider.
Unforeseeability. If, due to circumstances beyond the service provider's control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the service provider and the customer undertake to negotiate in good faith an adaptation of the contractual conditions within a reasonable time in order to restore their balance. Failing agreement within a reasonable time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of the contract. In the event of insolvency of the customer or in the event of unpaid debts, even within the framework of previous contracts between the customer and the service provider, the latter is entitled to suspend the execution of its obligations until the full repayment by the customer of any unpaid debt due to the service provider.
In the event of non-performance of its obligations by the customer, the service provider may terminate the contract to the exclusive prejudice of the customer without delay or compensation and, where applicable, may claim payment of damages and interest from him by any legal means.
Severability. The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the remainder of that article,
paragraph or provision, unless the contrary intention is evident in the text.
Titles. The titles used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.
No waiver. Inaction, negligence or delay by a party in exercising any right or remedy under these terms and conditions shall not be construed as a waiver of such right or remedy.
Applicable law and competent jurisdiction. Any dispute relating to the services delivered by the service provider, as well as any dispute as to the validity, interpretation or execution of these terms and conditions shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of East-Flanders.