Terms of use

These general terms and conditions define, without prejudice to the application of special terms and conditions, the respective obligations of the contracting parties in connection with sales made by ELECTRONE services. By signing the agreement or order form, or by accepting the order confirmation, our co-contractor expressly acknowledges having read and accepted these terms and conditions. Provisions not expressly derogated from remain in force. The application of these terms and conditions may only be modified by written agreement on our part. In the event of contradiction between the general terms and conditions of our co-contractors and our own, it is agreed that the latter shall prevail. ELECTRONE is entitled to modify or terminate the alarm service and additional services for objectively justified reasons, such as technical or regulatory changes that make it impossible or significantly more expensive to continue providing the Service. The presence of an alarm system in no way replaces the need for physical and organizational security measures or insurance against theft or fire. Insofar as necessary, ELECTRONE specifies that it is not INSERT-certified, at least for the time being.

The contract comes into force when the Customer accepts ELECTRONE's offer in writing by means of an order form, and in any event when ELECTRONE begins to perform the contract without reservation by installing the alarm system or part thereof.
In the case of distance selling or off-premises selling by ELECTRONE, the Customer, if he is a consumer within the meaning of the Code of Economic Law, has the right to notify ELECTRONE by registered letter that he renounces the contract, without penalty and without giving any reason, within 14 calendar days from the day following the day on which the contract was concluded.
To do so, the Customer must send a written statement of his decision to withdraw from the contract. In the event of withdrawal, the Customer must, at his or her own expense, no later than fourteen days
days following the communication of its decision to withdraw, return to ELECTRONE any alarm system or other goods that may have been made available to it.
Where applicable, ELECTRONE shall refund all payments received from the Customer within 14 days of the recovery of any Alarm System or other goods made available to the Customer or the receipt of proof of their return.

For services which, at the Customer's request, have commenced before the expiration of the withdrawal period, the Customer shall be liable to pay ELECTRONE an amount proportionate to the services provided up to the time at which the Customer informed ELECTRONE of its decision to withdraw.
proportional to the services provided up to the time when the Customer informed ELECTRONE of its decision to withdraw.
If the Customer has requested the installation of the Alarm System before expiry of the withdrawal period, he shall remain liable for payment of the Installation Costs.

Unless otherwise agreed in the special terms and conditions, the present contract is concluded for a period of one year from the date of signature, and will be extended for an indefinite period on expiry, unless either party notifies the other of its intention to refuse renewal no later than two months before expiry of the one-year period.
From the date of extension, either party may terminate the Contract in writing, giving two months' notice.

ELECTRONE reserves the right to suspend (temporarily) or terminate (in whole or in part) the Contract in writing, with immediate effect, if
a. the Customer has provided ELECTRONE with incorrect information during or after the conclusion of the Contract.
b. the Customer fails to perform its contractual obligations in full or on time, and in particular its payment obligations
c. ELECTRONE has reasonable grounds to suspect that the Customer is making improper or unlawful use of the Alarm Service and/or the Additional Services and/or the Alarm System.
d. the Customer does not follow the instructions provided by ELECTRONE regarding the use of the Alarm Service and/or the Ancillary Services and/or the Alarm System.
e. The monitoring center receives 5 false alarms (or more) within one calendar month due to the Customer's actions or negligence. In the event of frequent repetitions of false alarms, battery faults or false messages, ELECTRONE reserves the right, after informing the Customer, not to transmit these alarm signals until a technical intervention and/or a check of the Alarm System has been carried out.

In addition to the statutory grounds for termination, either party is entitled to terminate the Contract in writing, with immediate effect, if the other party:
a. has obtained a collective debt settlement within the meaning of articles 1675/2 et seq. of the Judicial Code; or
b. is declared bankrupt.
The Customer is informed of the suspension of the Alarm Service. In the event that ELECTRONE suspends the Contract, ELECTRONE may, at the Customer's request, terminate the suspension of the Contract after the Customer has fulfilled the release conditions set by ELECTRONE and upon payment by the Customer of the release costs incurred by ELECTRONE.

As long as the Contract is suspended, the Customer is obliged to pay ELECTRONE the fixed periodic charges.
If the Contract is terminated, the Customer is obliged to pay ELECTRONE the fixed periodic charges corresponding to the remaining duration of the Contract which would have been payable if the Contract had been terminated in accordance with Article 3.
Suspension or termination of the Contract releases ELECTRONE from its obligations.
The Contract shall be terminated ipso jure in respect of the Alarm Service or Additional Service which ELECTRONE terminates, as provided in Article 1, for the part of the Contract relating to the Alarm Service or Additional Service which is terminated at the time it is terminated.

The Customer shall owe ELECTRONE the monthly installments agreed in the Contract for the Alarm Service and/or the Additional Service(s). VAT will be added to the amounts due. The costs for which the Customer is liable to ELECTRONE may include :
a. Installation Charges
b. Subscription Fees
c. Irrespective of the Alarm Service or additional Alarm Service(s), the costs of intervention by the security agent resulting from the Customer's failure, improper use or non-compliance with the instructions set out in the action plan will be invoiced at the current rate.
ELECTRONE reserves the right to index the charges once a year in line with the consumer price index. The fees will be indexed according to the following formula: new fees = old fees multiplied by the last known consumer price index, divided by the consumer price index at the time of the previous fee determination.
This option applies only to contracts concluded more than three months previously. This indexation does not entitle the Customer to terminate the Contract.

In accordance with current legislation, the Customer is required to carry out annual maintenance on the installation. The Customer may call upon ELECTRONE to carry out this service, by signing a maintenance contract, if he has not chosen the complete package which includes the annual maintenance service.

ELECTRONE prefers direct debit for its invoices.
ELECTRONE has the right to require a deposit for Installation Costs, Subscription Costs and other charges.

The Customer shall pay ELECTRONE the amounts indicated on the invoice within 14 days of the invoice date or on the due date indicated on the invoice, as specified on the invoice.
In the event of non-payment on the due date of an amount due by one of the parties to the Contract, the principal amount due shall be increased by a fixed penalty of 15% with a minimum of €50. In addition, interest of 6% p.a. will be charged from the due date to the date of full payment, without prior notice of default.
A second reminder will be charged at €8.00. All costs of amicable and judicial collection, by bailiff, will be charged to the defaulting party. These costs will be calculated in accordance with the Royal Decree of 30/11/1976 fixing the tariff for acts performed by bailiffs in civil and commercial matters, as well as that for certain allowances.
Should the Customer dispute the amount of the invoice, he must notify ELECTRONE in writing within 15 days of the invoice date. Failing this, the invoice is deemed to have been accepted by the Customer and no further claims will be accepted.

The system ordered is described in detail on the order form.

The Customer benefits from an omnium warranty on the Alarm System for two years from the date of commissioning.
In the event that a defect is found in the Alarm System (or in one of its components), ELECTRONE will repair or replace the Alarm System (or the component concerned) at its own expense, provided that the repair can be carried out by ELECTRONE.
Alarm System (or the component concerned), provided that the repair can be carried out remotely.
The warranty referred to in this article does not apply if the defect is due to a fault, failure, misuse or negligence attributable to the Customer.

The Customer shall cooperate in good faith in the performance of the Contract. The Customer shall follow ELECTRONE's reasonable instructions and guidelines as described in the Product manufacturers' manuals. The Customer shall ensure that the agreed environmental conditions are met. The Customer shall, inter alia, provide ELECTRONE, or third parties acting on ELECTRONE's behalf, with the necessary data and give ELECTRONE's employees, or third parties acting on ELECTRONE's behalf, access to the premises of the building in which ELECTRONE is to perform activities for the provision of the Service.

Insofar as it is agreed between the parties that the Customer's Internet connection will be used for the Alarm Service and Complementary Services, the Customer ensures that his Internet connection is available for the Alarm Service. The Customer must comply with the technical and administrative conditions imposed by telecommunications operators.

The Customer must inform ELECTRONE immediately and in writing of any situation that could hinder the proper functioning of the transmission (change of telecom provider, repair, modification, etc.).

The Customer shall bear the additional costs of the Internet connection. The Customer must have a functioning Internet connection to access the Alarm Service. If ELECTRONE provides the Customer with a SIM card for transmitting Alarm System signals to the monitoring center, the Customer is not authorized to use this SIM card for any other purpose or to use the number attached to it. The card remains the property of ELECTRONE.

The Customer authorizes ELECTRONE to remotely monitor (via up/downloading) the operation of the installation and, if necessary, to adapt the System parameters in order to guarantee the quality of the services provided, without this modifying the Customer's obligations.

ELECTRONE has the right to transfer the Contract to a third party without modification of the Customer's warranties. Since all the Customer's warranties are maintained, the Customer undertakes to cooperate in any such transfer of contract.
The Customer will be invoiced for all costs incurred by failure to comply with these obligations.

ELECTRONE ensures the protection of the Customer's personal data and privacy in accordance with the provisions of the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data. The Customer's personal data are used for the performance and monitoring of this Agreement, the proper management of ELECTRONE's business and to inform the Customer of developments of interest to him concerning ELECTRONE and certain related activities. The Customer authorizes ELECTRONE to transmit its personal data to any company belonging to the same group as ELECTRONE as well as to any third party that ELECTRONE calls upon in connection with the performance of the Contract.

In accordance with the law of December 8, 1992, customers have the right to access their personal data and to correct it if it is inaccurate, or to have it deleted if necessary. Customers also have the right to object to the processing of their personal data for direct marketing purposes. To do so, simply send a request to ELECTRONE, by letter to the above address or by e-mail.

Each party is subject to an obligation of confidentiality towards third parties concerning all data of a confidential nature, in whatever form, which it has received from the other party within the framework of this Contract.

Without prejudice to the exclusions of liability arising from this article, ELECTRONE is only liable for damage resulting directly from a fault attributable to it, up to the following amounts:
a) Death and/or bodily injury, up to €500,000 per claim;
b) Damage to the Customer's property, including theft or loss of the alarm system, up to €25,000 per claim.

The Customer must, on pain of forfeiture, make any claim and notify ELECTRONE of the damage as soon as possible, and at the latest within 4 weeks of its occurrence, by registered letter, stating the reasons (mentioning and copying a Police report and a copy of the claim declaration to the insurance company).

ELECTRONE is only liable for direct damages, excluding loss of profits, loss of production, loss of business, loss of customers, loss of market share, loss of goodwill or purely financial losses that have been caused by a fault of ELECTRONE or those acting on its behalf. The Customer's recourse is limited in any event to the amount of €125,000 per claim, in accordance with the insurance policy taken out by ELECTRONE.

ELECTRONE shall under no circumstances be held liable for faults committed by telecommunication service providers or by third parties acting on ELECTRONE's behalf, such as the police, fire department or security service, which ELECTRONE calls upon in order to perform the Contract.

ELECTRONE cannot be held responsible for the misuse or improper use of the Alarm System by the Customer, for the inaccuracy of the instructions (Action Plan) or measures taken by the persons or authorities mentioned in the Action Plan, for telecommunications malfunctions to or from the monitoring center, or for other causes that would result in the total or partial non-transmission of alarm signals to the monitoring center.

After receipt of the Alarm System, the Customer is liable for any damage caused by a fault attributable to him under the Contract, including :
a. fines imposed by the police or fire department on ELECTRONE ;
b. (additional) costs charged by ELECTRONE's security service;
c. unnecessary search and/or travel costs;
d. other damage caused by a false alarm due to an act or omission of the Customer.

The Customer shall bear the costs of repairing or replacing (parts of) the Alarm System, including any search and travel costs, which are caused by:
a. repairs, modifications or extensions to the Alarm System carried out by persons other than ELECTRONE without ELECTRONE's written consent;
b. careless and/or incompetent use or handling and/or faulty and/or incompetent maintenance of the Alarm System;
c. defects which are due to environmental conditions which have changed after acceptance as stipulated in article 10.11.

The Customer indemnifies ELECTRONE against claims for compensation for damages from third parties which they suffer or have suffered as a result of the Customer's use of the Alarm Service and/or the Supplementary Service.
The Customer is responsible for taking, at its own discretion, sufficient preventive measures against burglary, fire and other damage and for insuring itself against such risks and for maintaining such insurance during the term of the Contract.

Except with ELECTRONE's written consent, to which certain conditions may be attached, the Customer is not authorized to transfer its rights and obligations under the Contract to a third party.
Even if the Customer moves out of the Building, he remains liable for his obligations under the Contract.
If the Customer moves to another building, he must inform ELECTRONE at least four weeks in advance by letter or e-mail.
If the Customer moves to another building, the Contract shall continue in full force and effect, unless this is not reasonably possible (for example, because the Alarm Service cannot be provided in the new building). In this case, the Customer and ELECTRONE may terminate the contract subject to one month's notice.
If the Customer moves to another address and the Contract can be performed, ELECTRONE may charge the reasonable costs of the move.

ELECTRONE reserves the right to modify the Contract, including the General Conditions and fees, at any time. Changes will be notified to the Customer by any appropriate means.
Unless otherwise specified in the notification, such modifications shall come into effect immediately, unless they result in a price increase or are unfavorable to the Customer, in which case they shall come into effect (i) 30 calendar days after their notification for Customers whose Contract is for an indefinite term and (ii) as of the Contract renewal date, for Customers whose Contract is for a definite term.

Customers who do not accept price increases (other than indexation) or any other unfavorable modification of the contractual conditions may terminate the Contract, without penalty, in writing, between receipt of notification of the modifications and their effective date. In the event of failure to terminate the Contract within the aforementioned period, the Customer will be deemed to have accepted the new conditions, and these will apply ipso jure as from their entry into force.

The Contract is governed by Belgian law.
Any dispute shall be subject to the jurisdiction of the courts of the judicial district of Tournai, notwithstanding the consumer's right to bring the matter before the courts of his domicile.
Any action finding its cause or occasion in the Contract is time-barred on expiry of a period of two years commencing on the date of the fact or omission on which the action is based.
Head office: Rue Albert Ier, 52 at 7973 Beloeil (Stambruges)
Tel: 069 76 69 59 - Fax : 069 76 69 60 - Gsm: 0477/77.97.96
Secondary practice: Rue du Châtelain 19/14, 1000
Brussels
Tel: 02 646 25 00 - Fax: 02 646 20 89
E-mail: pms@avocat-sprockeels.be
VAT 0550 638 415