General terms and conditions for Technical Support
1. Subject of the agreement
These general terms are applicable to the technical support of some of the enddevices sold by Vitalsys, included accessories and options. If Vitalsys accepts a request for technical support for a device that was not sold by Vitalsys, these conditions are also applicable. If there are contradictions, the rules of the agreement or additional special agreements (established for some enddevices), have priority on the general terms. Furthermore, these conditions have always priority on the general terms and conditions of the client.
2. taking effect of the agreement and the duration
The agreement takes effect on the date when the contract is signed, for a limited period of at least one year. If the enddevice is still under guarantee on the moment the contract is signed, the agreement takes place on the date the guarantee expires. If neither one or the other parties ends the agreement at least 15 days before the expiration date, the agreement is silently prolonged until the enddevice is six years old.
3. Alteration of the terms of the agreement
Vitalsys holds the right to alter the conditions of the agreement and commits herself to notify her customers of these changes. The client has a timeframe of one month , starting from the moment the changes are made, to apply the termination clause mentioned in article 9.1.
4. Supplied performance
4.1. If there is a malfunction in an enddevice, Vitalsys commits itself to fix the problem or repair the malfunction as soon as possible. Only Vitalsys may determine which repairs must be made to guarantee a proper operation of the enddevice.
4.2. The technical support of Vitalsys takes place during the regular working hours and is submitted to a montly or bimontly contribution. On request, Vitalsys can intervene outside the regular hours at the corresponding rates and conditions used for actions outside the regular hours.
4.3.The cost of the technical support consists out of the salary, the replacement parts and also the transportation to and from the installation address. If no agreement for technical support is made when the device is still under guarantee, Vitalsys will drop the possible transportation costs to and from the installation address.
4.4.The technical support covers in no case the repair of damage caused by abnormal use of the enddevice. The repair of damage due to moisture, damage by accident, overvoltage, lightning and all cases of circumstances beyond Vitalsys' control. In those cases, Vitalsys can, on request of the client, make an estimate of the repaircosts, which are charged at regular fees and outside the boundaries of the original agreement. Are also included in the technical support : the repair or replacement of loose elements (cords, wires, socket outlets , antennas, etc.), the replacement of accessories that need to be renewed often (batteries, paper, ink, etc.) and the delivery of cleaningproducts.
4.5. The enddevice is no longer covered by technical support after a period of six years starting from the sale or the installation of the product.
5. Obbligations of the client
5.1. As soon as the client discovered a malfunction, he needs to report this immediatly to Vitalsys.
5.2. If there is a request to intervene, the client needs to give the technical support all the information that can be usefull to identify the malfunction. He must make sure that the testprograms, if they are available, are properly executed on request of the technical support.
5.3. The client confirms that he will not do an intervention or repair on the enddevice on his own. If he does not comply to this obligation, a termination of the agreement (mentioned in article 9.2) can be set in motion according to the law.
5.4. The client must provide an easy acces, for the persons Vitalsys has appointed, to the places where the enddevice is located so that they can execute the technical support. (on every appropriate hour)
6. Fee for technical support
6.1. The amount of monthly fee for technical support is mentioned in the agreement and/or on the invoice. The V.A.T. or any other taxes that are in effect on the moment of the billing, are chargeable to the client.
6.2. With exception of the case of singular phones, the monthly fee for technical support is reviewed on january the first of every year.
7. Invoicing and payment
7.1. The subscription fee for technical support must be bimonthly paid in advance, unless the client has agreed to a monthly subscription fee.
All charges that are entered into the agreement will be charged to the client or to a third party appointed by the client. The indication of a third party does not discharge the client from his obbligation to pay if the third party does not pay the agreed amounts. The invoices mention the final expiration date of payment. The payment must be made on the bank accountnumber assigned by Vitalsys, with mention of the references.
7.2. The subscription fee for technical support is not invoiced during the period of guarantee of the enddevice .
7.3. If there is a delay of payment by the client, Vitalsys can by law and without a notice in advance demand the payment of delay interests, charged and calculated by the legal rate increased by 5%, with a minimum of 12%.
7.4. If the client does not pay the amount due, Vitalsys can terminate the agreement by law. The termination will commence only after a period of 15 calendar days, counting from the day of notice of the non-compliance of the client, send by registred letter by the postal office.
8. Transfer of the agreement
The client may only assign the agreement to third parties if he has a written approval of Vitalsys in advance.
9. Termination
9.1. The client has the right to discontinue the agreement on the expiry date by means of a precancelation of 15 days and by registered letter to Vitalsys. The part of the monthly fee that correspons with the period where the agreement is no longer applicable and that is paid in advance by the client, will be refunded.
9.2. If a party does not comply to her obligations, the other party is allowed by law to terminate the agreement. The termination will only be executed when the order remained without effect within 15 calendar days, counting from the date of notification and by means of a registered letter delivered by the postal office.
10. Complaint filed at Vitalsys
When there are problems with the execution of the agreement, the client is required to turn to the local service of Vitalsys. The address and the telephone number of this service is available on the information pages of the guides.
11. Appeal to a court
An appeal to a court is always possible with exception of the case of arbitrage where the mediater gives an arbitral verdict that is legally binding for both parties. Each dispute about the interpreation or the application of the agreement is under the exclusive jurisdiction of the ordinary belgian courts.
12. Applicable laws
The terms of this agreement are subject to the Belgian law.
