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These are the terms and conditions of RTLOC. RTLOC is a brand of Callitrix NV, a Belgian company that is registered in the register of legal entities with number 0444.226.247 (and hereinafter referred to as “RTLOC”).
1 – Definitions
Client – any legal or natural person who buys and/or uses an RTLOC product or service
Devices – the hardware of an electronic device
Software – any software or algorithm developed by RTLOC or by a third party for RTLOC
Product – the RTLOC technology Devices and Software
Services – any service delivered by RTLOC. This can be related to the support of RTLOC Products, for example providing installation support. The Services can also be consultancy work for the Client.
2 – General
RTLOC provides the following products and services:
The Client is assumed to know and accept these terms and conditions. The Terms are valid for any agreement or contract, independent of it’s nature, and will prevail on any of the Client’s terms and conditions. Any agreement in conflict with these Terms will be overruled by the Terms unless an RTLOC representative explicitly recognizes the different terms in writing.
3 – Payment of goods
The Client acknowledges that fees are due for (i) the purchase and the use of the goods and services, and (ii) must be paid by the Client to RTLOC before a purchase will be confirmed and the relevant goods or services will be delivered by RTLOC.
3 – Payment of services
The Client acknowledges that services provided by RTLOC are billable unless explicitly stated otherwise. For RTLOC starter kits, installation support is provided during the first 6 months. Afterwards, support will be billable.
Late payment of initial installments will lead to a postponement of the agreed delivery date.
4 – Complaints and disputes
All complaints with regard to the Platform must be sent to RTLOC by registered letter within 8 days from the date that the underlying cause of the complaint occurred. As regards the conformity of goods or services, such date shall be the date of delivery by RTLOC. By lack of a timely complaint and/or dispute within 8 days from such date, you are deemed to have no complaints with regard to the Services.
All complaints may be sent by email to [email protected]
5 – Intellectual property rights
You explicitly acknowledge (1) that all Intellectual Property Rights in the Platform or the goods, and in the software included in or associated with the Platform or goods, belong to RTLOC or a third party whom RTLOC has entered into an agreement with and (2) that you do not receive any Intellectual Property Rights, unless agreed otherwise.
You shall always respect RTLOC’s Intellectual Property Rights and make a reasonable effort to protect these rights. You shall inform RTLOC immediately of any infringement by a third party of RTLOC’s Intellectual Property Rights of which you become aware.
To the best of RTLOC’s knowledge, the Platform and RTLOC’s goods and services do not infringe the Intellectual Property Rights of third parties.
In case a third party would pretend that the Platform or RTLOC’s goods or services do infringe its rights, or if a third party would initiate legal proceedings against RTLOC or the Clients on the basis of an alleged infringement of its Intellectual Property Rights, RTLOC has the right to decide in a discretionary manner to: (i) invalidate those allegations or claims, or (ii) adapt the Platform and RTLOC’s goods or services so that they no longer infringe the rights of that third party. The Clients have no right to claim additional damages from RTLOC.
6 – Confidentiality
Each party is required to maintain the confidentiality of information that has been obtained from the other in any form and to which the party who disclosed the information has referred to as confidential or the confidentiality of which can reasonably be presumed and use it only for the performance of the contract (duty of confidentiality).
A party is required to maintain the confidentiality of the work methods used by the other party as well as the processes and systems, etc., used in work and developed by the party who uses them.
RTLOC has the right to disclose the names of its clients unless otherwise agreed in a contract or terms.
The rights and obligations provided for in this clause will be valid without a term after the end of the contract.
7 – Liability
RTLOC cannot be held liable for loss or damage of personal data or RTLOC’s goods.
RTLOC cannot be held liable for any direct or indirect damage resulting from (i) use of the Platform or of the RTLOC’s goods or services, or (ii) from information provided on the Platform, or (iii) from the use of any other website linked to the Platform.
Except in case of willful misconduct, RTLOC cannot be held liable for consequential damages, loss of profit, business interruption, loss of data, damage to data or programs on the Platform, increased operating expenses, damage to your equipment, your software or other assets you may have, due to any error or negligence on the part of RTLOC.
RTLOC cannot be held liable for malfunctioning or temporary or permanent unavailability of the Platform or for any damages resulting thereof, or for defects in the Platform or RTLOC’s goods or services attributable to inadequate or incorrect use or implementation by you or third parties.
8 – Force majeure
Neither party is liable for non-performance of their contractual obligations, incl. for delays and/or faults caused by circumstances that are beyond the control of the party, including, but not limited to, collective labour disputes (strikes and lock-outs), fire, war, uprising, internal disturbances, natural disasters, currency restrictions, impact of any computer viruses, expropriation by public authorities, import and export bans, interruptions of ordinary telecommunications and transportation or any Force majeure.
9 – Applicable law
The parties agree to attempt to settle amicably any dispute that will arise from the interpretation or enforcement of this Contract.
This Agreement shall be governed exclusively by and interpreted in accordance with the laws of Belgium, without giving effect to its rules or conflict of laws and regardless of the place of its physical execution or performance. Any disputes relating to this Agreement shall be dealt with by the ordinary courts of Antwerp, Belgium, without restricting any right of appeal.
11 – Severability
Should any provision of the Terms be void or unenforceable, the other provisions will not be affected by this and remain in full force and effect. In this case the parties, within the limits of the applicable law, will draft a new stipulation that meets the objectives intended by the void or unenforceable stipulation, and include this in an annex to these Terms.