GENERAL TERMS AND CONDITIONS (version: 23 12)
Article 1: Application
These general terms and conditions are applicable to all orders placed with us for COVER GROUP the provision of services and/or licensing.
These general terms and conditions are only applicable, combined where applicable with the general terms and conditions of sale specific to the services (consultable on the website https://www.cover3d.com/fr/cgvps ), to the exclusion of the general or special terms and conditions of the customer that we have not expressly accepted in writing.
Article 2: Offer and order
Unless otherwise stipulated in the quote, the validity period of our offers is 1 month.
The acceptance of the offer is binding on the parties and implies acceptance of these general terms and conditions.
Article 3: Property right
The software is installed at the customer’s premises in its executable version and remains the exclusive property of COVER GROUP, which retains all property rights relating to it.
Only a non-transferable and non-exclusive right of use is granted to the customer.
The licence to use the software is limited to the right to use a given piece of equipment, installed in one of the customer’s operating premises, as provided for in Article 4 of these terms and conditions, and for the own needs of the latter’s business.
Thus, in particular the customer is forbidden, unless otherwise stipulated, to allow another firm, which does not have, for example, any full or partial user right on the software, to benefit from calculations or functionalities, other than those that fall under simple support.
In the event of a breach of this prohibition, COVER GROUP reserves the right to demand payment of the fee for the licence(s) that should have been subscribed.
The customer is prohibited from reproducing, publishing, selling, distributing, assigning, licensing in any way whatsoever the software, except in cases imperatively provided for by the Code of Economic Law.
Article 4: Installation – system requirements – training
Within one fortnight (two weeks) of receipt of the quote signed by the customer, an email containing the procedure and the COVER activation code (Product Key) is sent to the customer.
The COVER software is installed, at the choice of the customer, either by itself or by the COVER GROUP technical service (intervention payable according to the terms of the service contract consultable on the website https://www.cover3d.com/fr/cgvps/
In the context of a training service, the COVER software must be installed on the customer’s computer prior to the start of the training.
The software is installed at the customer’s premises and accepted by the customer in the executable version. The customer shall never require a modification to the program.
This contract is accompanied by user instructions, forming an integral part thereof and defining the required hardware and software system requirements. These can be freely consulted on the website https://www.cover3d.com/en/required-configuration/
The customer undertakes to comply with these requirements. The customer also agrees to accept the specific licence agreement relating to the software that it uses. These can be freely consulted on the website https://www.cover3d.com/fr/licence-dutilisation/
Software updates will be downloadable from the website https://www.cover3d.com
NB: COVER does not install any libraries other than the generic library
Training is needed to be able to use the software. By validating the contract, you accept that your particulars are transmitted to our training operator so that it can offer you its services. A user who has not received training cannot access technical support for any question relating to the use of the software.
Article 5: Guaranties
COVER GROUP guarantees that the software will perform all the functions agreed between the parties. However, COVER GROUP does not guarantee that the software will meet all the customer’s specific needs.
COVER GROUP will endeavour to best assist the customer in the use of the software provided in the event of problems.
However, the guarantee does not cover problems arising as a result of abnormal use of the software, improper handling by the customer or any other event not attributable to COVER GROUP.
COVER GROUP accepts no liability for direct or indirect damage resulting from any hidden defect in the software, not known to the service provider, or from a temporary interruption of service.
Article 6: Financial terms and conditions
6.1. User Licence
The user licence is granted for an initial period of 12 months as of the signing of the quote or, where applicable, as of the start date indicated therein.
During this initial period, the customer will not be able to terminate the contract.
At the end of this period, the contract will be automatically renewed for a period of 3 months, unless one of the parties has notified its wish not to renew it by registered letter sent to the other party one month before the deadline, it being understood that the notice period takes effect on the first working day following the sending of the registered letter.
After this notice period, the customer is no longer entitled to any assistance from COVER GROUP.
The user licence is granted for a quarterly fee fixed in the quote, payable as of the 1st of the month following the installation and then on the 1st of each month started in the following quarter for the entire duration of the contract.
With the exception of the quarter in progress on the date of signing, any quarter started is due in full.
In the event of non-payment on the due date, COVER reserves the right to suspend the fulfilment of its obligations and refuse the use of the software, that is to say to immediately suspend the availability of the software without formal notice.
In addition, any failure to pay on a due date will automatically lead to interest of 1% per month being charged without formal notice. The customer will also be liable for a fixed charge of 10% of the amount remaining unpaid as damages
A fixed charge will be deducted at the first payment by banker’s order (direct debit) for the administrative costs of activation (current pricing consultable on: https://www.cover3d.com/en/current-pricing
Any licence ordered subsequently will also result in this fixed charge at the next direct debit (see https://www.cover3d.com/en/current-pricing/)
Any licence that must be replaced due to theft, loss or damage will also be subject to a fixed charge (see https://www.cover3d.com/en/current-pricing/)
6.2. Product and service prices
Our prices are calculated on the basis of the prices in force at the time of the order. Our prices are in euros and are indicated in the quote.
A written order must be drawn up for any specific service.
6.3. Payment terms and conditions
All our products or services are payable upon receipt of the invoice.
In the event of late payment, as of right and without prior formal notice, the buyer undertakes to pay COVER GROUP SPRL interest for late payment of 12% per year calculated on a monthly basis.
Any calendar month started is due in full as regards interest.
COVER GROUP SPRL will do its utmost to respect the delivery timeframes agreed with the customer.
The buyer waives the right to invoke late delivery as a reason to cancel an order or to claim damages for any reason whatsoever.
Travel and accommodation costs are borne by the customer.
The software package complies with international export clauses.
Payment: Documentary credit at sight
Direct debit refused by the bank (insufficient provision, direct debit mandate lacking, etc.), a fixed amount in compensation (see fee schedule) will be charged to your account at the next billing.
6.4. Updating of fees
The fees in force for all new orders are available on the website https://www.cover3d.com/en/current-pricing/
The prices of current subscriptions may be updated by Cover group with 3 months’ notice, by email to the address provided at the time of subscription.
The customer has a time limit of 1 month as of the date of notification by email to react. Thereafter, the price revision will be considered accepted.
The parties agree that the rates are automatically linked to the price index for computer services (nomenclature 62) or, if the latter does not exist, to the consumer price index with adjustment on 1 January of each year according to the following formula:
Base value x new index /Starting Index
The basic value corresponds to the amount resulting from the last indexation made.
The new index corresponds to the index of the second quarter of the year preceding the indexation.
The starting index corresponds to the index of the second quarter preceding the year of the last indexation.
Article 7: Contract resolution (declaring void)
The contract comes to an end automatically in the case of bankruptcy or liquidation of one of the parties. The sums due at the time of the bankruptcy or decision to put into liquidation become immediately payable. This contract will also be automatically declared void should the customer be convicted for acts likely to undermine the trust of the service provider.
In the event of judicial reorganization, all sums due become immediately payable and the current contract may be terminated if the failure to pay is not remedied within one fortnight (two weeks) of the formal notice to pay that will be sent by the service provider.
Cover group has the right, in the event of a serious breach or wrongful non-performance by the other party, to deem void.
In particular, the following shall be considered to be serious misconduct, without this list being exhaustive: the non-payment of two licence fees, the use of the software on a computer other than that or those for which the licence was granted, or by another person, not designated in accordance with this contract, and who does not report directly to the co-contractor, or any unauthorized internal or external intrusion into the system by the co-contractor or third parties involved, or by any other third party, facilitated or made possible by the action of one of the latter.
Cover group also reserves the right to adapt or terminate the contract in the event of a request by the customer to modify the number of licences or the type of keys or any other terms initially agreed, in particular where these have been, following negotiation, the subject of a discount or special conditions.
Article 8: Scope of the contract
These terms and conditions cancel and replace all written or verbal agreements existing or having existed between the parties on the date of signing of the offer and/or acceptance of these terms and conditions.
Belgian law is applicable.
Article 9: Disputes
The parties will endeavour to settle amicably any dispute that may arise as a result of the performance or interpretation of the contract.
In the absence of an amicable settlement, the Courts of TOURNAI (Belgium) will have sole jurisdiction.
Article 10: Support & assistance
If you need technical support, please send an email to support@tenways.com.
Commercial and administrative requests should be sent to sales@cover3d.com
Cover group offices can be reached by phone Monday to Friday from 9 a.m. to 12.30 p.m. on +3269360860.