Terms & Conditions

General Terms & Conditions

Definitions:

Aginco: Aginco NV, with registered office at 9052 Ghent-Zwijnaarde, Rijvisschestraat 124, with company number 0500.750.226 RPR Ghent, department Ghent
General Terms and Conditions: these general terms and conditions
Invoice: the invoice from Aginco to the Customer
Customer: the buyer of goods and/or services from Aginco
License Agreement: the license agreement between Aginco and the Customer
Agreement : the General Terms and Conditions and, as the case may be, the License Agreement, Order Form and Invoices
Party(ies): Aginco and/or the Customer.
Product: the goods and/or services provided by Aginco to the Customer

Art. 1 - Scope

These General Conditions apply to all professional relationships between Aginco and the Customer, notwithstanding the existence of the Customer's own general conditions, even if more recent, unless these have been expressly accepted in writing by Aginco.
Changes to the General Conditions, and by extension the Agreement, are only possible insofar as they have been explicitly accepted in writing by an authorised representative of each of the Parties.
The Agreement contains all the rights and obligations of the Parties in connection with the delivery of the Products by Aginco to the Customer, and supersedes all previous agreements and understandings reached between them whether written, oral or tacit.

Art. 2 - Conclusion of the Agreement

The Agreement will come into existence when both Parties have signed the License Agreement, or when an order of the Customer has been confirmed and accepted in writing by Aginco.
In the event of contradictions between the General Terms and Conditions, the License Agreement, the Purchase Order and the Invoices, the following rule of precedence shall apply:

  • License Agreement
  • Order form
  • Invoice
  • General terms and conditions

Art. 3 - Invoicing and payment

Aginco delivers its Invoices via the e-mail address provided by the Customer. The date of receipt of the Invoice is fixed at one (1) day after it has been sent to the Customer.

Any complaint must be communicated to Aginco in writing, no later than eight (8) calendar days after receipt of the Invoice. Any Invoice that has not been protested within the aforementioned period shall be deemed to have been accepted by the Customer.

The Invoices of Aginco must be paid by the Customer within twenty (20) days after the date of receipt of the Invoice, without deduction, discount or set-off.

If payment is not made on time, the Customer shall be liable, ipso jure and without notice of default, from the due date of the Invoice, to the payment of interest at a rate equal to the interest rate fixed by the Minister of Finance in accordance with Article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions, plus a fixed penalty of 10% of the amount of the Invoice, with a minimum of 25.00 euros.

Art. 4 - Suspension of execution - resolutive condition

If the Customer fails to perform one or more of its obligations under the Agreement, Aginco shall have the right to suspend the performance of its obligations until the Customer has fulfilled its obligations in full.

Aginco shall be entitled to terminate the Agreement immediately, without notice, without indemnification and without judicial intervention, in the following cases:

  • Where the Customer commits a contractual default, such as, but not limited to, a failure to pay the Invoices on time;
  • If Aginco has serious reasons to believe that the Customer will not meet its obligations in the future, such as, but not limited to, the Customer's request for a payment extension, bankruptcy, dissolution or liquidation of the Customer.

Aginco will in any case be entitled to the payment of its Invoices, in accordance with article 3 of the General Conditions.

Art. 5. - The Product and the Customer

The Customer shall only use the Products in accordance with national and international regulations and deontological guidelines of the relevant professional sector to which he belongs. In particular, the Customer shall not use the Applications to post, download, upload, transmit or distribute messages which would offend the dignity of the human person or the private life of individuals, or to encourage crime or the use of prohibited means, or to encourage discrimination, hatred or violence based on race, origin, religious belief or xenophobia, nor for communications that are misleading, insulting, hurtful, obscene or threatening, nor for any other infringement of the rights of third parties or for the sending of unsolicited messages, in particular commercial communications, nor for the introduction of viruses or other forms of harmful software codes. The Customer shall not attempt to gain unauthorised access to user data of third parties or to become aware of data addressed to third parties, nor shall it attempt to collect the user data of third parties. In general, the Customer shall observe the principles of telecommunications secrecy and the legislation on computer crime.
Aginco and Aginco's service providers may keep records of access to and use of the Products. Aginco or its service providers will keep a log (electronic logbook) in which the data concerning the use of the Product will be recorded. This log may be reproduced on paper or on any other usable carrier or storage medium. The log will provide evidence of access to the Product, unless the contrary is proved.

Art. 6. - Liability

Aginco is bound by a best-efforts obligation and is only liable in the event of its own intentional, fraudulent or gross negligence, whereby its liability is limited to the damage suffered directly by the Customer, to the exclusion of any intangible, indirect or consequential damage, such as, but not limited to, loss of profit, loss of turnover, loss of opportunity, loss of customers or any third-party claims. Aginco's liability is in any event limited to the price of the Product as stipulated in the Agreement, and in the event of a subscription formula, the price for one (1) year.

Art. 7 - Cancellation

Any cancellation of the order by the Customer must be made in writing within 15 calendar days of the order date and must be accepted by Aginco. In the event of cancellation of the order, the Client shall owe a fixed compensation of 15% of the value of the order in addition to the advance payments already invoiced. All that has already been invoiced to the Customer remains due and payable.

Art. 8 - Tacit renewal of the Agreement

Unless otherwise stipulated, the term of an Agreement containing a subscription formula with respect to a Product is one (1) year. This Agreement will be tacitly renewed for successive periods of one (1) year each, unless terminated by one of the Parties in writing at least 30 calendar days before the expiry of the term of the Agreement.

Art. 9 - Intellectual property

Subject to legal exceptions, the Products and their contents may not, in whole or in part, be reproduced, translated, adapted, reproduced or stored in any form or by any means, nor may the Products and their contents, in whole or in part, be communicated or transmitted to the public in any form or by any means (such as, but not limited to, electronic and mechanical means) without the prior written consent of Aginco.

Aginco retains exclusive ownership of all rights associated with the Product, both intellectual and economic (copyrights, rights of the database producer, etc.).

This exclusivity covers, in addition to the software and the database, the documentation received by the Customer, the user manual and any code or element constituting the database.

The Customer undertakes not to damage the property and intellectual rights of Aginco and to take the necessary measures to ensure respect for the rights of Aginco by the persons for whom it is responsible.

Any hiring or lending of the Product without Aginco's prior written consent is prohibited. Aginco will only grant permission for hiring out or lending out if the Customer demonstrates that such hiring out or lending out is for educational or cultural, non-commercial purposes and that it has been officially recognised for this purpose by the government. If the Customer hires out or lends the Product without Aginco's prior written consent, it will be liable by operation of law and without notice of default to pay damages of € 250 per infringement, without prejudice to Aginco's right to claim higher damages or to apply additional penalties.

Art. 10 - Warranty

Aginco guarantees to the Customer the proper functioning of the Product, insofar as the latter uses it in conformity with the help function of the website, in particular the access to the site 24/24 and 7/7 and the operational character of the site, in particular the search functionality and the access to the information of which the list was established in the Agreement. However, Aginco reserves the right to interrupt the operation of a Product at any time for technical or other reasons and if there is no other option, without prior notice. Aginco cannot be held responsible for any interruption of the service as a result of maintenance work on the website of the Product, nor for any interruption of the connection between the servers on which the Product is run and the Customer's computer equipment as a result of action by telecom operators. Neither can Aginco be held responsible for any malfunction, for the input of incorrect data, for any parameter set incorrectly, or for any failure of the Customer's computer equipment to meet the minimum configuration required, or for any event of force majeure.

Art. 11 - Processing of personal data

Aginco collects and processes personal data in the performance of the Agreement, whereby Aginco will act as the data controller. The Customer hereby expressly consents to the processing of personal data collected in the performance of the Agreement.
Aginco will only process this personal data for the purpose of delivering the Product and may use this information internally as well as for communication and promotional purposes. Aginco will not disclose personal data to third parties, unless permitted by applicable law. Any processing will be done in accordance with applicable regulations, including the GDPR. Further information on the rights and obligations of Parties in this regard can be found in the privacy policy on the website of Aginco (see below).

Art. 12 - Force majeure

The parties cannot be held liable for delays or failures in the performance of the Agreement if these delays or failures are the result of facts or circumstances that constitute force majeure on the part of a party, including - but not limited to - staff shortages, telecommunication problems or failures and shortcomings or delays on the part of suppliers.
On pain of nullity, the Party seeking to rely on such facts or circumstances shall be bound to disclose them to the other Party in writing as soon as possible, to make every effort to keep their duration to a strict minimum and to inform the other Party in writing once they have ceased to exist.
If the facts or circumstances constituting force majeure last for more than 3 months, either Party may terminate the Agreement by registered letter to the other Party, without being liable for any compensation.

Art. 13 - Non-transferability

The Customer may not transfer (part of) the Agreement to a third party without Aginco's prior written consent.

Art. 14 - Divisibility

Each clause or provision of the Agreement is a distinct and independent provision. If any court or authority of competent jurisdiction finds any of the provisions of the Agreement to be void or unenforceable, the remaining provisions shall continue to have full force and effect. The parties undertake to replace the void, invalid or unenforceable provision(s) by another provision which corresponds as closely as possible, in fact and in law, to the spirit and intention of the void, invalid or unenforceable provision(s).

Art. 15 - Applicable law and settlement of disputes

The Agreement is governed by Belgian law. In case of dispute, the courts of the judicial district of East Flanders, Ghent division, shall have exclusive jurisdiction.

Privacy Policy

Aginco NV, with registered office at 9052 Ghent-Zwijnaarde, Rijvisschestraat 124 and with company registration number 0500.750.226 RLP Ghent, department Ghent (hereinafter "Aginco"), considers it its responsibility to protect your personal data when acting as a data controller.

Aginco respects the privacy of all users of its website www.Aginco.be (hereinafter "website") and ensures that the personal data you provide to Aginco will be treated confidentially at all times.

Aginco will only collect, hold, process and transfer your personal data in accordance with applicable Belgian and European privacy laws and regulations, including (but not limited to) the General Data Protection Regulation 2016/679 ("GDPR").

Aginco applies the following principles to safeguard the confidentiality of your personal data:

  • Aginco will not use your personal data for any purpose other than those expressly defined or legally established;
  • Aginco does not collect more information than is necessary;
  • Aginco will not retain your personal data longer than necessary; and
  • Aginco only provides your personal data for the purposes expressly mentioned below.

This page tells you which personal data we collect when you use our website and/or Aginco services, how we collect this personal data, why we collect this personal data and on what legal grounds.
We also explain with whom your personal data may be shared, what your rights are and how we protect your personal data.

By accepting the terms of this privacy policy, you agree to Aginco processing your personal data in accordance with the terms and conditions set out in this privacy policy.
This privacy policy only relates to (personal) data that are processed by Aginco itself. Aginco accepts - to the extent permitted by law - no liability whatsoever for (the operation and/or content of) services and/or websites of organisations that are managed by third parties.

1. When does Aginco collect your personal data?

Aginco collects your personal information when, among other things:
Use our services or visit our website, fill in the contact or application form on the website, or contact us in any other way;
When you send emails or other messages to us, we store those messages.

2. What personal data does Aginco process?

Aginco may collect and process the following personal data:

  • Name (first and last name);
  • Gender;
  • Address information;
  • Phone number(s);
  • E-mail address
  • Your professional activity/capacity;
  • Your curriculum vitae.

In order to allow our website to function optimally, automatically generated information about your use of the website is collected and processed. Optimizing the service includes technical adjustments, for example, to ensure that pages are displayed properly and to secure the website.

The information collected includes the type of device (computer, mobile, tablet) you use, your IP address, the type of browser, the operating system you use, and the pages you visit on our website and the items you view. In addition, we keep track of the hostname associated with the IP address.

For the processing of cookies we refer to our cookie policy (see below).
If you do not provide us with your personal data, it is possible that we cannot offer you our services or that we cannot offer you them optimally.

3. For what purposes and on what legal grounds does Aginco use your personal data?

Your personal data will be used for the following purposes (and on the following legal grounds):

The use is necessary for the execution of an agreement to which you are a party:

  • to enable the use of the website;
  • In preparation or in execution of our contractual relationship.

The processing is necessary for the protection of our legitimate interests, in particular the development of our activities and services and the improvement of our services, whereby these interests outweigh your right to privacy:

  • To respond to your questions, applications and/or complaints;
  • as part of the execution of our contractual relationship;
    --> Provide information and assistance;
    --> Management of our daily affairs and activities;
    --> Execute/closing ongoing agreements (including but not limited to following up on orders and deliveries of services and products); and
    --> Follow up administrative, accounting, technical and legal obligations.
  • To secure, adapt and improve the website.

You may withdraw or modify your consent at any time by sending an e-mail to our data protection contact at wouter.stichelbout@aginco.be.

In the context of our activities, it may be that we are legally obliged to process certain personal data. For example, we must comply with legal obligations relating to the prevention, monitoring and combating of criminal conduct, crime, fraud and money laundering activities.

4. To whom may Aginco transfer your personal data?

If you provide us with personal data for the purpose of enquiries, job applications or complaints, we may forward your personal data to our partners in order to respond fully to your request.
Within the framework of the preparation or execution of our contractual relationship, your name and address data may be shared with third parties, such as commercial partners, suppliers, accountant, lawyer, and the like. These third parties are located within the European Economic Area.
Finally, we may provide your personal data to third parties if we are obliged to do so on the basis of legislation and/or regulations, if we are forced to do so as a result of legal action and/or in the event that we consider this necessary for the protection of our own rights.

5. How long does Aginco keep your personal data?

We will retain your personal data for as long as it is required by applicable law or for the fulfilment of the purposes for which it is processed.
In particular, Aginco will be required to respect tax and legal retention periods including, but not limited to, the ten-year retention period in the context of its contractual liability and the seven-year retention period for accounting records. Upon expiration of this period, Aginco will anonymize or delete your personal data.

6. How does Aginco protect your personal data?

We have taken appropriate technical and organisational measures to protect your personal data against loss or any form of unlawful processing. We ensure that your personal data are stored in a sufficiently protected environment and that only the necessary persons have access to your personal data. For example, your personal data are stored on our own secure servers or those of a third party, in each case within the European Economic Area.

For more information about how we implement this security, please contact wouter.stichelbout@aginco.be.

7. Cookies

Our website may make use of cookies. These store information in the form of a text file on the hard drive of your device. Cookies are used to deliver the website in a user-friendly way or to obtain information about the quality or effectiveness of the website. For more information you can read our cookie policy (see below)

8. Your rights

You have the following rights with respect to your personal data at all times:

  • Objection to processing: you have the right to object to Aginco processing your personal data when we no longer have the right to use it, to require us to delete your data if we keep it for too long, or to require that, in certain circumstances, processing be subject to restrictions. In particular, you have the right to object, free of charge and without any justification, to direct marketing.

  • Right to restriction of processing: you have the right to request a restriction on the processing of your personal data, for example while the accuracy of your personal data is checked.

  • Inspection and rectification: you have the right to inspect your personal data. If we recognize that we are required to provide your personal information, we will provide it to you generally free of charge. Before we can provide your personal data, we may ask you to provide proof of identification and sufficient information about your interactions with us to enable us to retrieve your personal data and to confirm your identity.

  • Right to erasure: you have the right to have all data relating to you deleted, except in some cases, for example to prove a transaction or in the event of a legal requirement.

  • Right to data portability: under certain conditions, you have the right to receive your personal data provided to us in a common, structured, machine-readable format and to transfer your personal data to a third party of your choice.

  • Right to withdraw consent: when your personal data is processed on the basis of your consent, you can withdraw this consent at any time.

The above rights can only be exercised in a reasonable manner in accordance with applicable law.

If you wish to exercise these rights, please contact us at wouter.stichelbout@aginco.be

In principle you can exercise these rights free of charge, except in the case of excessive requests, manifestly unfounded requests or frequently repeated requests for which we can charge a reasonable administrative cost.

We will respond to your request within one (1) month of receipt.

In the event of complex or multiple requests, this period may be extended by a further two (2) months. We will inform you in any case within one (1) month in case of an extension.

9. Can this privacy policy be changed?

This privacy policy may be amended. These changes will be announced on our website and the most recent amendment date will be mentioned. We therefore advise you to consult this privacy policy regularly.
The last changes were made on December 17th 2021.

10. Questions and feedback

We strive to keep this privacy policy strictly enforced. If you have any questions about this privacy policy or how we process your personal data, you can always contact us at wouter.stichelbout@aginco.be. or send us a letter to Aginco, 9052 Ghent-Zwijnaarde, Rijvisschestraat 124, 9052 Zwijnaarde for the attention of the privacy officer.

Aginco has also appointed a data protection officer (or "DPO"). You can reach him by sending a letter to Aginco, 9052 Ghent-Zwijnaarde, Rijvisschestraat 124 attn Data Protection Officer.

11. Where can you make a complaint?

If you have a complaint about the processing of your personal data and we cannot come to an agreement , you can also submit your complaint to wouter.stichelbout@aginco.be.

You also have the right to lodge a complaint with the Data Protection Authority at any time using the following details:
Data Protection Authority
Printing press street 35
1000 Brussels
Phone: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
Mail: contact@apd-gba.be

COOKIE POLICY

This is the cookie policy of Aginco NV, with registered office at 9052 Ghent-Zwijnaarde, Rijvisschestraat 124 and with company registration number 0500.750.226, RLP Ghent, department Ghent (hereinafter "Aginco").

1. What are cookies?

A cookie is a small text file placed by our website in your browser, on your computer or internet-connected device when you visit us online (hereinafter "Cookies"). This ensures that our website is able to remember your computer or device. The main purpose of our Cookies is to improve your user experience.

A "notification banner" will appear on the website notifying that cookies are being placed.

2. Information about the use of our cookies

Our website uses cookies and similar technologies to distinguish your usage preferences from those of other users. This helps us to provide you with a better experience when you visit our website and also allows us to optimize our website.

However, cookies and similar technologies do not systematically collect data. Cookies and similar technologies only help us to improve the operational functioning of our website, to better understand the interests of our users and to measure the effectiveness of our website's content.

For more information on how cookies can be removed or blocked, please visit the following website: aboutcookies.org.

3. How to disable cookies

If you wish to block Cookies, you can do so for the browser you are using.
If you disable Cookies, please understand that some images may no longer be displayed correctly or you may not be able to use some applications or online services.
If you wish to delete the placed Cookies, you can do so by deleting Cookies in your browser via the following link [LINK].

4. Types of Cookies

Different types of cookies are used on our website. Some cookies are strictly necessary for the use of the website and therefore your consent is not required. All other types of cookies will only be used if we have obtained your consent.

A. Strictly necessary cookies

These cookies are strictly necessary for the functioning of the website and cannot be disabled. These cookies do not store personal data.

B. Analytical Cookies

In order to examine the use of our website, we use cookies from third parties. These statistics give us, among other things, insight into how often our website is consulted and where we can improve the user experience. The following data, among others, are stored:

  • The IP address that is made anonymous;
  • Technical characteristics, such as the browser you use (Chrome, Firefox, Safari), the resolution of your computer screen, your language preference and which device you are using ;
  • From which page you arrived at the website;
  • When and how long you visit or use the website;
  • Whether you make use of functionalities of the website;
  • Which pages you visit on our website;
  • How easily you find your way around our website.

We use these cookies to, for example:

  • Keep track of the number of visitors to our website;
  • To measure how long a visit lasts;
  • To determine in what order a visitor consults the various pages of our website.
  • You can find more information about these cookies on the websites of the parties below:
    Google
    Facebook
    ...

Because the privacy and cookie policies of these parties may change from time to time, we recommend that you consult them regularly.

5. Our Privacy Statement

If you would like more information about the protection of personal data, please consult our privacy policy (see above).

6. Changes to this Cookie Statement

This Cookie Statement may be amended from time to time in case new applications are developed, when our services require it or when obligatory by law. We will notify you when there are significant changes, and will seek your consent if necessary.

7. Questions and comments

Please contact us at wouter.stichelbout@aginco.be if you wish to receive additional information about this cookie policy.