Termes et conditions
Thank you for visiting the R&C Desk platform, hereinafter referred to as the "R&C Desk", owned and managed by NV TC&T, company under Belgian law, headquartered at B-2600 Berchem, Roderveldlaan 3 , Belgium, and registered with the Belgian Legal Entities Register under number 0876.573.063 , hereafter referred to as “TC&T”.
You can reach us through email@example.com or at the above-mentioned address.
1.1 TC&T mainly, but not exhaustively, performs software development and computer consultancy services aimed at the logistics sector. She is the developer of the web platform “R&C Desk”, an application by means of which ECTN orders can be placed and the administration can be automated.
1.2 Users can create an account on R&C Desk in which preferences, offers, product specifications, etc…, are included. Users who have themselves created an account on R&C Desk can select the marketed Service or Product and place a direct order.
1.4 You expressly confirm that the data you provide upon registration is correct and complete and undertake to inform R&C Desk immediately of any change to this data.
1.5 All users of the platform will indemnify R&C Desk against all possible claims by third parties as a result of their use of R&C Desk.
1.6 Users of R&C Desk are prohibited from using the platform for:
- sending, posting or distributing, on or through R&C Desk, unlawful, illegal, prohibited, racist, xenophobic, defamatory, obscene, offensive, inappropriate or discriminatory subjects or statements, in any way whatsoever, or for any other unlawful purpose;
- encourage other Users to act or promote such actions;
- mimic or appropriate the identity of a third party, infringe on their right to their image or, in general, their privacy;
- disregard the intellectual property rights of other persons and of the Service.
2.1 The Products and Services offered on the Platform in no way constitute an offer in themselves. It is not sufficient to order a product or
a service in order to enter into an agreement. An agreement between parties shall only come into effect after the parties have signed a
separate agreement or after written confirmation of the order by the contractor. Email and fax messages shall also be considered to be
written documents. R&C Desk shall not commence work until written confirmation and any agreed advance payment have been
2.2 R&C Desk shall, in consequence, only be legally bound towards the User as of the moment that it sends an acceptance confirmation. Should R&C Desk decide not to confirm your order, you will be informed of this as soon as possible.
3.1 R&C Desk is not the issuer of the ECTN, waivers, certificates or visa on offer, nor does she have any connection with or responsibility for these Products. R&C Desk acts as a technical facilitator and intermediary between the supplying Administration and the User. R&C Desk therefore has no control over the content of the Products. Since R&C Desk functions as a platform, we also have no control over the safety, quality and legality of any goods or services offered, nor over the authority of Administrations and Users to act within the framework of the Platform. Consequently, R&C Desk cannot guarantee the ordered ECTN to be granted by the Administration. Users accept that they are solely responsible for the decision to purchase a Product or Service and accept that R&C Desk cannot bear any liability in this respect.
3.2 R&C Desk shall provide the Services in accordance with the levels of service expected from a professional provider and taking into account the good industry practices. R&C Desk will make every reasonable effort to ensure optimal ease of use and pursues a policy aimed at the continuity of the Platform. If R&C Desk becomes aware of any unauthorised activity or unauthorised information that takes place on or is distributed via the platform, R&C Desk undertakes to make the information in question inaccessible and, in the case of a criminal offence, to immediately communicate this information to the Public Prosecutor's Office. R&C Desk reserves the right (but without being obliged to do so or being liable in any way) to block, adjust and/or remove access to information posted by its users in the event it is or may be offensive, annoying or inappropriate for other users or for third parties.
3.3 While R&C Desk uses reasonable efforts to include accurate and up-to-date information on the Platform, R&C Desk makes no warranties or representations as to its accuracy. R&C Desk assumes no liability or responsibility for any errors or omissions in the content on the Platform.
4.1 All payments to be made in connection with the use of R&C Desk are subject to the general terms of payment of R&C Desk. All charges, payments and invoices will be paid in Euro.
4.2 Payment on the Platform can be performed in various ways: Paypal, bank transfer, Visa or Bancontact/Maestro.
If you decide to pay by classic bank transfer to our account, payment must be made anticipatively. Should R&C Desk not receive your payment within the aforementioned term, R&C Desk may, at its own discretion and without any cost, decide to cancel your order. You will then be informed of this as soon as possible.
If you pay by means of a credit card the amount will immediately after your conformation of payment be debited from your card and all related costs will automatically be added.
4.3 The applicable prices are those of the last price communicated by R&C Desk. No rights can be derived from apparent misprints or typographical errors in (online) catalogues or price lists.
4.4 In the event of non-payment of an invoice by the due date, a default interest of 1% per month on the unpaid invoice amount will be payable from the due date by operation of law and without prior notice of default. Also, by operation of law and without prior notice of default, a fixed compensation amounting to 10% of the outstanding invoice amount (with a minimum of EUR 75.00) shall be payable, without prejudice to R&C Desk’s right to claim a higher compensation, subject to proof of higher damage actually suffered.
4.5 Failure to comply with the terms of payment, for whatever reason, shall entitle R&C Desk to suspend all deliveries and performances at the client's risk. After suspension, R&C Desk shall determine when she can restart the performance of the agreement in accordance with his schedule and planning, without any compensation for delay being due. If R&C Desk suffers damage (both direct and indirect) as a result of this suspension, the User shall be required to compensate. If necessary, R&C Desk may cancel the services still to be performed. A compensation shall then be due to R&C Desk equal to the performances already carried out increased by a compensation of 30% of the fee that would have been due in case of full execution of the order. R&C Desk shall also be entitled to claim the damage actually suffered by him if this would prove to be higher
4.6 Late payment on the due date shall also be regarded as a serious breach of contract entitling R&C Desk to demand the dissolution of the agreement.
4.7 In the absence of payment on the due date of one invoice, all invoices shall become immediately payable by operation of law and without any prior notice of default.
4.8 The User is obliged to pay the invoices on time and in full, even if the invoices are disputed, and the User cannot therefore suspend his payment obligations.
5.1 R&C Desk is the exclusive owner or assignee of all intellectual property rights associated with the R&C Desk Platform and the Service offered. You undertake not to copy, edit, exploit or resell or use in any other way or form all or part of the elements of the Platform. These elements include the brand name, texts, software, databases, forms, trade names, product names, logos, graphic elements and illustrations, graphics, music, colour combinations, slogans, layouts and page layouts and any other element of the Platform and of the Service that is eligible for protection.
5.2 The delivery of goods or services by R&C Desk does not imply any transfer or assignment of its intellectual rights. Any infringement of intellectual rights may be prosecuted under civil and criminal law in accordance with the applicable legislation.
5.3 Intellectual rights shall only be transferred with the express consent of R&C Desk, and subject to compensation to be agreed between the parties. The transfer does not affect the right or the possibility of R&C Desk to use and/or exploit the components, general principles, ideas, designs, algorithms, documentation, works, programming languages, protocols, standards and the like underlying the development, without any restriction, for other purposes. Nor does the transfer of an intellectual property right affect R&C Desk’s right to do developments for itself or a third party that are similar or derived from those done for the User.
5.4 R&C Desk is at all times permitted to install technical facilities to protect the items protected by intellectual property rights. The User shall not remove or bypass such technical facilities.
6.1 In no case and under any legal basis, including (but not limited to) an unlawful act or contract, R&C Desk, its employees, officers, licensors, distributors or suppliers shall be liable to the Supplier for any special, incidental, indirect, punitive or consequential damage, including, but not limited to, loss of income or profit, loss or damage to data, malfunction or non-functioning of devices or applications, or other commercial or economic losses arising from use or inability to use the R&C Desk Platform, even if the has been informed in advance of the possibility of such damage. R&C Desk’s liability for the direct damage suffered by the User, whatever the cause and whatever the form of the action, will not exceed the amount of fees paid by said User.
6.2 R&C Desk is not responsible for the quality, timing or legality of any content on the R&C Desk platform. The User agrees to defend, indemnify and hold R&C Desk harmless from any actions, claims, costs or damages to the extent they are arising as a result of (i) the User’s breach of any provisions within the current Agreement or (ii) the Product itself or the supporting Services.
6.3 R&C Desk makes every effort to provide access to the Platform 24 hours a day, 7 days a week. However, in view of the technical characteristics of the Internet and computer resources and the need to carry out periodic maintenance, update or upgrade work, R&C Desk cannot guarantee uninterrupted access and provision of services. In the event of a normally acceptable interruption or disruption to the access or service, R&C Desk will make every effort to remedy this within the shortest possible period of time. Such normally acceptable interruptions or disruptions are specific to the Internet service and cannot be regarded as shortcomings.
7.1 The User acknowledges and agrees that his relationship with R&C Desk is one of an independent contractor, and the User shall not act in a manner that expresses or implies a relationship other than that of an independent contractor.
7.2 Neither party shall disclose, either during the term of the Agreement or thereafter, any confidential information of the other party and shall solely use such information for the purpose of fulfilling its obligations under this Agreement.
Neither Party shall be liable to the other Party for any delay or non-performance of its obligations under the Agreement to the extent such delay or non-performance results from a force majeure ("overmacht"/"force majeure") event, provided the affected Party (i) promptly notifies the other Party in writing of the cause of the delay or non-performance and the likely duration of the delay or non-performance; and (ii) uses its reasonable endeavours to limit the effect of that delay or non-performance on the other Party. The performance of the affected Party's obligations, to the extent affected by the force majeure ("overmacht"/"force majeure") event, shall be suspended during the period that such event persists.
10.1 This Agreement is governed by Belgian law with the exclusion of the Vienna Sales Convention of 11 April 1980.
10.2 All disputes between the parties arising out of or in connection with this Agreement shall be submitted to the Courts of Antwerp, department Antwerp.