Cikisi and Ixxo join forces to deliver even more powerful strategic intelligence! 🚀 Discover how this merger strengthens our expertise and solutions.
Cikisi and Ixxo join forces to deliver even more powerful strategic intelligence! 🚀 Discover how this merger strengthens our expertise and solutions.
In all the following paragraphs and articles, the following definitions apply:
“CIKISI” represents the company CIKISI SA, whose registered office is at Boulevard Emile de Laveleye 191, 4020 Liège, Belgium, and which is registered with the Register of Legal Persons under number 649.625.430, and which provides services to its customers.
“Subscriber”, “Customer”, “User” or “Buyer” means any natural or legal person who is a customer and uses CIKISI’s services.
“GTCS” are CIKISI’s general terms and conditions of sale. “CGA” are CIKISI’s general terms and conditions of purchase.
“Contract” refers to the contractual whole made up of the commercial offer and its appendices as
referenced in the table of contents, including the GTCS part, the special conditions part, if any, and the technical appendices part, and which defines the entire agreement between Cikisi and the Customer (together the “Parties”) for the performance by Cikisi of the Services.
“Services” applies to services as defined in the commercial offer, designed in-house or in collaboration
with partners, distributed, made available and marketed by CIKISI to its customers.
2.1. Unless expressly agreed otherwise in writing between the parties, the Customer acknowledges that he has read the GTCS, accepts them and is bound by them in their entirety.
2.2. All new Services and all modifications to CIKISI Services shall be subject to the GTCS, without exception.
2.3. The fact that CIKISI does not avail itself at a given time of any of the present GCS may not be interpreted as a waiver of the right to avail itself of any of the said Conditions at a later date. In the event that any one of these GTCS is declared null and void or contrary to a provision of public order or mandatory law, it will be deemed unwritten and the other stipulations will remain in force.
2.4 The parties expressly waive the provisions of Article XII.6, § 1, 8°, as well as Articles XII.7, § 1, XII.8 and XII.9 of the Code of Economic Law.
2.5. The latest version of CIKISI’s General Terms and Conditions is always available on CIKISI’s website (www.cikisi.com), so that the Customer may consult them at any time.
2.6. Any special offer conditions take precedence over the GTCS.
3.1. For each order for Services, the Customer undertakes to send CIKISI a written order form by email or post with all the information required for the proper provision of the Services.
3.2. Orders are placed by the Customer in application of the price list in force on the day of the order or in application of the price offer given to the Customer.
3.3. All orders which do not conform to the price list or, more generally, which do not include CIKISI’s offer, are not binding on CIKISI until they have been confirmed in writing. Acceptance of the order may, however, result from the sending of the invoice to the Customer.
3.4. The benefit of an order is personal to the Buyer. The contract resulting from the acceptance of the order is concluded intuitu personae and may not be transferred without the express written consent of CIKISI.
3.5. Any partial or total cancellation by the Buyer of an order accepted by CIKISI can only be accepted after formal agreement by CIKISI.
3.6. All orders will be invoiced immediately.
4.1. The Customer acknowledges that he/she is or has the capacity of an informed professional and consequently has sufficient knowledge to order and use CIKISI’s Services, under his/her own responsibility. For the avoidance of doubt, the Customer declares that he/she is not a consumer within the meaning of the Code of Economic Law.
4.2. Consequently, CIKISI cannot be held liable for any use of the Services that does not comply with its technical characteristics.
4.3. The Services are provided either in the form of a clearly established subscription formula or on a customized basis according to the Customer’s request. Contracted services must be consumed within the initial contract period and cannot be carried over to the following period.
4.4. Access to use the Cikisi platform is transmitted to the customer no later than 48 hours after receipt of the subscription payment in Cikisi’s bank account.
5.1. The Services will be sold to the Customer at the fixed price in the standard tariff or in the price offer in force on the day of the order. The latest applicable standard tariff is that fixed on January 1st of the current year.
5.2. Invoices are payable from invoice reception
5.3. No discount is granted by CIKISI for cash or advance payment.
5.4. Payment must be made by bank transfer either via an electronic payment terminal indicated by CIKISI or by providing proof of payment with a value date duly expired. No other method of payment will be accepted.
5.5. Invoices are sent to the Customer by electronic means only.
5.6. Any partial or total delay in payment will have the following consequences after formal notice:
5.7. When payment is by instalments, it must be made by direct debit. Non-payment of a single instalment will result in immediate payment of the entire debt, without prior formal notice
5.8. In all the foregoing cases, any sums due for other deliveries of Services, or for any other reason, will become immediately payable if CIKISI does not opt to cancel the corresponding orders. The Customer shall reimburse all costs incurred, in particular those relating to the contentious recovery of sums due
5.9. Under no circumstances may payments be suspended or offset in any way without CIKISI’s prior written consent. Any partial payment will be applied first to the non-preferential part of the debt, then to the sums that are due the earliest.
5.10. Prices are net and exclusive of tax. Any taxes, duties or other services payable in application of the regulations applicable in Belgium or those of another country related to the use of CIKISI’s Services by the Customer in said country shall be borne by the Customer.
The prices set out in the contract are subject to annual revision on the date of renewal of the Cikisi subscription, irrespective of the type of renewal: tacit or explicit.
Price revisions are calculated according to the following formula, up to a maximum annual increase of 5%:
P = Po x (I/Io)
In which,
For all contracts concluded with a company registered in France, the I index is the SYNTEC index, which can be consulted here: https://www.syntec.fr/indicateurs/indice-syntec/
For all contracts concluded with a company registered outside France, the I index is the smoothed 2013 Belgian health index, which can be consulted here: https://statbel.fgov.be/fr/themes/indice-des-prix-à-la-consommation
7.1. CIKISI’s Services will be offered to the Customer either in the form of standard subscription packages with a price plan, or on a customized basis.
7.2. In the case of a standard subscription formula, the Customer must choose from the different subscription formulas offered by CIKISI.
7.3. The contents of the standard subscription packages offered by CIKISI may be subject to change without notice.
7.4. Each subscription formula is concluded for a minimum period of 12, 24 or 36 months, depending on the contract.
7.5. Subscription to any subscription formula is tacitly renewable at each expiry date for an equivalent duration.
7.6. Any use beyond the anniversary date of the opening of the platform is valid for a contract renewal for a similar period.
7.7. At least sixty (60) calendar days before the expiry date of the subscription, the Subscriber may terminate the subscription by sending an e-mail with acknowledgement of receipt to customer@cikisi.com. Cancellation will be valid only if confirmed by e-mail by CIKISI, which undertakes to respond within a reasonable period of time.
7.8. Any subscription period begun is due in full.
7.9. On the day following the expiration of the subscription contract, the functionalities made available to the Customer will be withdrawn without further notice.
7.10. At CIKISI’s request, the Customer undertakes to transmit within 15 days the purchase order number that CIKISI would need to invoice the renewed subscription.
7.11. In order to allow the Customer to use an index of content protected by copyright and to include links to this content in its monitoring deliverables, CIKISI may propose that the Customer pay one or more royalties. The royalties collected by CIKISI from the Customer are paid to the organizations responsible for collecting and redistributing copyright.
8.1. When placing an order, the Customer undertakes to provide all the information, particularly administrative information, required for identification and qualification, with a view to opening a customer account.
8.2. The Customer undertakes not to infringe any Belgian or international regulations in force when using CIKISI Services.
In this respect, the Customer undertakes in particular not to use or communicate files, data or information:
8.3. The Customer is hereby referred to and bound by the general conditions of use and legal notices of the CIKISI website.
8.4. The Customer undertakes to always verify that its use of the Services complies with applicable laws and regulations. The Customer shall be liable for any use of the Services or Cikisi software in contravention of the Agreement and applicable laws and regulations.
9.1. Either party may terminate the Contract by giving written notice to the other party if any of the following events occurs or has occurred: (i) in the event of a material breach of an obligation under the Contract which can be remedied where the defaulting party fails to remedy the breach within 30 days of being notified of the breach, (ii) if the other party is declared insolvent, (iii) if the other party passes a resolution or petitions for its liquidation or dissolution (other than for the purposes of a merger or reconstruction other than insolvency), (iv) if an administrative injunction is issued against the other party, or if a receiver is appointed, or the holder of a security takes possession of, or sells, an asset belonging to the other party, (v) if the other party makes any provision or arrangement with all its creditors or if it applies to a court of competent jurisdiction for protection from all its creditors, or (vi) if an event similar to those referred to in (ii) to (v) occurs in any relevant jurisdiction.
9.2. The Customer may terminate all or part of the Contract with immediate effect and without penalty by written notice to CIKISI if it finds that (i) a governmental, regulatory or professional entity or other entity with the necessary powers has introduced, or modified, an existing law, rule, regulation, interpretation or decision having the effect of rendering the performance of any part of the Contract unlawful or illegal or contrary to professional rules or relating to its independence.
9.3. In the event of termination at the Customer’s expense, CIKISI shall retain all sums paid in advance by the Customer as lump-sum compensation for loss of profit, without prejudice to any additional damages.
9.4. The Customer further acknowledges that in the event of termination of the Contract for one of the reasons mentioned above, his computer data may be irretrievably deleted from CIKISI’s servers, which he expressly accepts.
10.1. Network operation
10.1.1. Due to the characteristics and limitations of the Internet network, which the Customer declares to be aware of, the Customer acknowledges that it is impossible to guarantee that data transmitted via the Internet will be completely secure.
10.1.2. CIKISI can only provide assurances that the security measures mentioned on the CIKISI website will be implemented. The Services do not require any transfer of data, in particular personal data.
10.1.3. Given the specific characteristics of the Internet network, CIKISI cannot offer any guarantee of continuity of service, and in this respect is bound only by an obligation of means. CIKISI cannot therefore be held liable for any damage resulting from the temporary impossibility of accessing any of the Services, due in particular to network malfunction or saturation.
10.1.4. In general, CIKISI shall not be held liable in the following cases: malicious intrusions by third parties on the platform (via misappropriation of the Subscriber’s identifiers or other forms of piracy) despite the reasonable security measures implemented on the CIKISI platform’s servers; virus contamination of the Subscriber’s equipment, the protection of which is the Subscriber’s responsibility.
10.2. Modification of the website
All the information contained on the CIKISI website and transmitted to the Customer may be modified at any time, given the interactivity of the site, without CIKISI being held liable.
10.3 Liability
10.3.1. CIKISI declines all responsibility in the following cases: deterioration of Services resulting directly or indirectly from accidents of any kind: impact, power surge, lightning, flood, fire, etc; malicious act (piracy, hacking, etc.) by an identified or unidentified third party; in general, deterioration or malfunction due to force majeure.
10.3.2. As CIKISI merely provides a data transfer service of which it is unaware of the content, the Customer remains solely and exclusively responsible for such data. Consequently, CIKISI may not be held liable for the data transferred, in particular any data protected by copyright or of a personal nature, and the Subscriber undertakes to indemnify and hold CIKISI harmless against any claims that may be made or judgments that may be handed down against it relating to the content or characteristics of said data or as a result of the use of the Services.
10.3.3. The Customer is solely responsible for the backup or otherwise of files and data transmitted using the Services offered by CIKISI. Consequently, the Customer is solely responsible for its choices in this respect.
10.3.4. In the event of a claim relating to a malfunction or loss, the Customer undertakes to inform CIKISI by e-mail within forty-eight (48) working hours of becoming aware of the malfunction or loss. If the Customer fails to comply with these formalities and deadlines, no claim may be made against CIKISI.
10.3.5. In any event, should CIKISI be held liable, it is expressly agreed that its obligation to pay compensation may not exceed the amount of the price (excluding taxes) paid by the Customer in return for the service provided.
10.3.6. The Customer acknowledges that he is aware of the exclusions and limits of liability resulting from the present Conditions. He is therefore invited to take out, at his own expense, insurance appropriate to his particular situation if he wishes to be compensated for any damage or loss that he and/or his customers may suffer beyond the amount referred to above.
10.4. Protection of personal data
10.4.1. The Customer expressly acknowledges that its use of the Services or CIKISI’s software or application shall not result in the processing of personal data within the meaning of the applicable regulations on the protection of personal data and that the only personal data that CIKISI is likely to collect within the framework of the Service is the e-mail address and potentially, depending on the Customer’s choice, the surname and first name of users.
10.4.2. To the extent permitted by law, the Customer acknowledges that, when using the Services or the software or application, CIKISI acts solely on the Customer’s instructions. The Customer acknowledges that it alone determines (i) the purposes for which any personal data obtained through the use of the Services is processed and (ii) the aspects that are fundamental to the lawfulness of the processing.
10.4.3. Insofar as applicable, CIKISI undertakes to:
10.4.4. The Customer acknowledges that CIKISI implements the appropriate technical and organizational measures required under the applicable regulations on the protection of personal data, in order to guarantee a level of security appropriate to the risk (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks, the degree of probability and seriousness of which varies, to the rights and freedoms of natural persons).
10.4.5. The Customer acknowledges that, due to the nature of any processing, CIKISI is unable to assist the Customer in fulfilling any obligation it may have to respond to requests made by data subjects to exercise their rights in relation to their personal data.
10.4.6. By accepting these GTCS, the Customer expressly authorizes CIKISI to entrust any processing of personal data to the following subcontractors: OVH.com. If CIKISI decides to entrust the processing of personal data to other subcontractors, CIKISI undertakes to inform the Customer of the identity of these new subcontractors. The Customer is deemed to have given CIKISI its authorization to entrust the processing of personal data to these new subcontractors in the absence of its written objection within five (5) working days of being informed by CIKISI of the identity of the new subcontractors. If the Customer objects to the use of the new subcontractors, CIKISI reserves the right to increase the price in order to recover any increase in costs resulting from such objection. CIKISI undertakes, insofar as is reasonably possible, to include in the commitments it enters into with subcontractors, within the meaning of the regulations ap
11.1. The obligations of the parties shall be suspended in the event of the occurrence of an event of force majeure as recognised by the Belgian courts. The following are expressly considered to be cases of force majeure: a general strike, a sectorial or professional strike, a strike of the means of transport, the post office, public services or companies supplying CIKISI with its sources of information, fire or storm, a general breakdown of CIKISI’s computer system, the reasonable inaccessibility of data at a cost deemed economically acceptable by CIKISI
11.2. The party prevented from performing its obligations due to force majeure shall notify the other party without delay. The parties will discuss the conditions under which the Contract may be continued.
11.3 Should a case of force majeure persist for more than two (2) months, either party may terminate the Contract without this giving rise to any compensation whatsoever.
All requests for information and/or complaints may be submitted to CIKISI :
13.1. The provision of the functionalities of the Services does not imply any transfer of CIKISI’s rights to the said application or to any of its elements, or to the associated documentation.
13.2. The Customer undertakes not to infringe, directly or indirectly, or through third parties, CIKISI’s rights to the software and Services it offers. In particular, the Subscriber agrees not to adapt, modify, transform, decompile, functionally analyze or arrange the Services for any reason whatsoever.
13.3 Any total or partial reproduction of the CIKISI website and its Services for any use other than private is strictly prohibited. The same applies to texts, comments, works, illustrations and images contained on the CIKISI website and in documents transmitted by CIKISI, in accordance with the provisions of the Code of Economic Law and international conventions in force. Reference is expressly made to the general conditions of use and legal notice of the CIKISI website.
13.4. No intellectual property or similar rights are granted by the purchase of CIKISI’s services, with the exception of the limited right to access and/or use CIKISI’s Services as described in CIKISI’s GTC.
For the duration of the Services subscribed to and its renewals, the Client authorises, after authorisation, CIKISI to display its name and/or sign accompanied by its logo on the home page of the CIKISI website, as well as on its commercial documents in order to include it among the partners who have placed their trust in CIKISI Services.
The commercial offer and its appendices as listed in the table of contents, the GTC constitute the Contract between You and the CIKISI company which prevails over any other previous contract.
The clause headings are provided for information purposes only and have no effect on the interpretation of the GCS.
In the event of these terms and conditions being drafted in several languages or translated, only the French version shall prevail between the parties.
The relationship between CIKISI and its customers is subject to Belgian law, to the exclusion of any other legislation. All disputes arising from or in connection with the use of CIKISI’s Services, or in connection with the interpretation or performance of these GTC, shall be submitted to the exclusive jurisdiction of the French-speaking courts of Brussels – Belgium.
