1. GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE

Current version valid since 24.02.2021

1.1 Scope of application

These general terms and conditions apply to contracts concluded by TP SPRL, Keppelborn16, Wallerode, 4780 St.Vith, Belgium, directly or through its branches, hereinafter both referred to as "Seller", with any customer (legal or natural person), whether Belgian or foreign, regardless of whether the customer is the direct customer or acts as an agent, and regardless of the destination of the product that is the subject of the contract or the place of publication of the ordered product in Belgium or abroad.

They apply to these contracts to the exclusion of all other conditions; they are an integral part of these contracts and their applicability was a condition of their conclusion. Consequently, these conditions can only be derogated from if the Seller has given its prior express written consent. The Customer may not invoke the application of its own general terms and conditions of purchase. If the Seller has agreed to deviate from these conditions, they shall nevertheless remain applicable in a supplementary manner.

These general conditions are accessible at any time on the website digeazy.com, TP-IT.com, ponkalo.com or ponkalo.net in the TERMS section.

The Seller reserves the right to modify these terms and conditions at any time and without prior notice. These changes will apply to all orders placed at a later date.

1.2 Prices and tariffs

The prices of the products and services are quoted in Euros, excluding VAT. Delivery or travel costs are not included in the quoted price and will be charged separately depending on the type and location of the delivery or service and the number of products or services ordered. The prices quoted in our price lists or offers are purely indicative and may be adjusted depending on the specific requests of the Customer and/or taking into account the business relationship existing between the Seller and the Customer. All of Seller's price quotations take into account normal work and are not subject to any interruption or delay attributable to Customer.

1.3 Ordering

The Contract shall be formed either by the Seller's written acceptance of the order or by the Seller's receipt of the quotation signed by the Customer for approval. Acceptance of the offer by the Customer implies acceptance of these General Terms and Conditions.

The parties accept electronic evidence (for example: e-mail, computer backups...) within the framework of their relations.

The exclusion of competition cannot be guaranteed, with the exception of advertisements that appear on the same page or facing each other upon request. Special formulas and inserts have priority.

Participation in events, seminars or workshops is only considered confirmed after receipt of payment. Participation is therefore not permitted without payment.

1.4 Waiver, cancellation or change

The customer has no waiver period after the date of acceptance of the order. Without prejudice to Article 9, an order accepted by the Seller may not be modified or cancelled without the Seller's consent, and the contract may be terminated by the Customer only with the Seller's prior written consent.

If the Customer cancels its order or terminates the Contract without the Seller's consent, the cancellation compensation shall be 100% of the total value including VAT of the relevant order.

These rules also apply to participation in events, seminars or workshops organized by the Seller.

1.5 Personal data

All personal data necessary for the processing of an order will be stored by the Seller or its employees and may be communicated to companies with which the Seller - or its suppliers - cooperate, if such communication is necessary for the processing of the order.

In addition, the Customer authorizes the Seller to use this data, within a legal framework, to compile statistics in order to improve the goods and services offered by the Seller and to contact the Customer for future services or offers. Finally, the Seller keeps the personal data to facilitate future orders. The data stored by the Seller may be requested at any time and corrected upon request.

1.6 Intellectual property

Customer expressly acknowledges that Seller remains the sole owner of the intellectual property rights and copyrights relating to the Services it has provided to Customer, regardless of the nature of such rights. Therefore, the Seller remains the sole owner of the copyrights to the reports, articles, accounts, illustrations, photographs, magazines, newsletters, webinars, etc. that it provides to the Customer. On the one hand, the Customer undertakes to refrain from any action likely to hinder the protection of the Seller's intellectual property rights, if such protection is not already effective, and not to hinder the exercise of such right.

1.7 Payment

1.7.1 Terms of payment

Seller's invoices shall be payable immediately upon receipt, unless otherwise specified at Seller's registered office. Any disputes must be formulated by registered letter within 7 days of receipt of the invoice. The complaint shall always indicate the date and number of the disputed invoice. A complaint submitted after this eight-day period cannot be considered by the Seller.

1.7.2 Non-payment

In the event of non-payment of the invoice, interest at the rate of 12% per annum on the amount of the invoice will be due automatically and without notice of default. In addition, a lump-sum compensation of 20% of the invoice amount, with a minimum of €150.00, will be due as compensation.

Furthermore, the seller reserves the right to

- Suspend the performance of its obligations

- To terminate the agreement, without notice of default and without the Buyer being entitled to any compensation. In this case, the Seller shall be released from all its contractual obligations.

- To refuse to participate in events, seminars or workshops

1.8 Responsibilities

1.8.1 General

Circumstances such as natural disasters, strikes, fires, accidents, wars, acts of terrorism, lockouts, major technical or computer incidents or similar circumstances shall be considered as force majeure if they delay or make impossible the performance of the contractual obligations. In this case, the Seller is released from any responsibility and does not have to prove the unforeseeability or irresistibility of the circumstances invoked, nor the impossibility of fulfilling the contract.

Moreover, in this case, no compensation can be claimed from the Seller. If unforeseeable circumstances occur for which the Customer is not responsible and which substantially change an essential contractual obligation, the Customer affected by such change shall be entitled to request the Seller to adjust its obligations in accordance with the economic viability of the contract. The Seller may invoke the same right against the Customer if it is the victim of the change.

1.8.2 Termination

The Agreement shall be terminated by operation of law and without prior notice of default in the event of bankruptcy, insolvency, liquidation or composition of the Buyer. In addition, the Seller reserves the right to unilaterally terminate this Agreement without notice of default in the event of a change of shareholders or management personnel of the Customer, without any claim for damages.

1.8.3 Fees

All costs related to bills of exchange, dishonored checks, collection costs (including attorney's fees) shall be borne by the Customer.

1.9 Applicable law and competent court

Any disputes arising in connection with the formation, interpretation and execution of this agreement shall be governed by Belgian and European law. Only the Commercial Court of Eupen shall have jurisdiction. The Customer irrevocably undertakes not to contest either the law applicable to these Conditions or the territorial jurisdiction of the Belgian courts.ph