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Legal


I. General

1. Acceptance of general terms and conditions

Every commercial transaction is subject to our general terms and conditions, unless expressly and in writing deviated special conditions are accepted by us.

Acceptance of these general terms and conditions implies that the customer fully waives the application of their own general terms and conditions.


2. Conclusion of agreement

A quote is without any obligation and should only be considered as an invitation for the customer to place an order, unless expressly stated otherwise. The description and characteristics of the goods are provided for informational purposes only. Our prices are quoted in EURO and are always exclusive of VAT.


3. Intellectual property

The creations of Tricore are protected by copyright, software law, database law, design and model law, and other applicable (intellectual) property rights. Unauthorized reproduction or distribution in any way of these electronic media or any part thereof is not permitted. Every user who adds content to the servers of Tricore is responsible for the intellectual property rights that apply to it. The user agrees that their actions do not in any way infringe upon the intellectual property rights of any other party.


4. Applicable law and competent court

These terms are exclusively governed, both in form and content, by Belgian law. Any dispute with a customer falls under the exclusive jurisdiction of the courts of the Limburg district, Hasselt division.


5. Nullity

The annulment by the court of one of the terms does not affect the validity of the other provisions of these general and special terms.


6. Confidentiality

During the duration of the collaboration as well as after its termination, Tricore commits to maintaining the strictest confidentiality regarding confidential information it may have acquired about the customer. The customer is deemed to maintain the same confidentiality regarding Tricore.


II. Hardware

1. Order of hardware

The agreement is only concluded after the customer signs the offer and Tricore provides written confirmation of the placed order. A start of execution also serves as confirmation, unless it has been done subject to conditions.

Upon receipt of the written confirmation, the order is final and can no longer be canceled.


2. Delivery time

After the customer places an order, a presumed delivery time will be agreed upon. Agreed delivery times are only indicative, and delays in the execution of the order can never give rise to compensation or to the dissolution of the agreement by the customer.


3. Pickup

The goods must be picked up by the customer within 14 days after the customer has been informed that the goods are in stock, unless otherwise agreed.


4. Payments

Each invoice related to the purchase of hardware is payable within 15 days of the invoice date. The unconditional payment of a part of an invoice amount is considered as explicit acceptance of the invoice.

Any invoice that is not paid in full or in part within the stipulated period will automatically incur a late interest of 10% as well as a flat-rate compensation equal to 10% of the principal amount, without prejudice to the right to claim a higher compensation.

The purchased goods remain the property of Tricore until full payment of the sale price, possibly increased by costs and interest.


5. Visible and hidden defects

5.1. The purchased hardware must be immediately checked for visible defects. Any visible defects regarding the delivered hardware must be reported in writing to Tricore immediately and no later than 48 hours after delivery. Complaints regarding visible defects are only valid and will only be investigated on the condition that the sold goods have not yet been put into use by the customer. Such complaints do not suspend the customer's payment obligation.

5.2. Tricore's liability for hidden defects in the delivered goods is limited to defects that manifest within 6 months after delivery and if they are reported by registered mail within 14 days of their discovery. In the case of demonstrated defects, the customer can only claim the repair of the defects or a replacement of the delivered goods, without the customer being entitled to any form of compensation.

5.3. Tricore is in no case responsible for problems resulting from the incorrect and/or improper use of the hardware by the customer, its employees and staff, and third parties for whom it is responsible, nor in the event of problems due to force majeure.


III. Support

1. Method of billing

In the case of a support contract, the customer has the choice between 50 hours or 100 hours of support. A support contract must be paid in advance. All support hours are billed per started quarter.

In the event of termination of the support contract, any remaining hours will not be refunded.


2. SLA

Tricore makes every effort to respect the agreed SLAs (Service Level Agreements). The agreed SLAs always concern the “response time” and never the “time to resolution.” Tricore cannot be held liable in any case when an SLA is not met due to force majeure. Considered as force majeure are, among other things: failure to meet a commitment by a partner of Tricore, server outages caused by third parties, infected files, …


3. Travel

If an employee of Tricore needs to travel to the client, the actual time will be charged from the departure at the Tricore office until the return to the Tricore office.


IV. Hosting

1. For data center services (including hosting), Tricore will collaborate with third parties.

2. Tricore is not liable for the accuracy of data that it receives from its partners.

3. Contracts regarding hosting always have a minimum duration of 12 months. In case of early termination, the remaining amount of the first 12 months is immediately due. Contracts are then tacitly renewed and can be terminated with a notice period of 3 months.