Terms of Service
1. Application of the Terms of ServiceThe on-line services at the internetVista® site have been created by the company internetVista SA ("InternetVista") which is the developer of this site and has registered the trade name internetVista®.
The present terms of service ("Terms of Service") form the overall basis of the contractual relationship between internetVista SA and its customers ("Customer(s)") with the aim being the provision of services by InternetVista ("the contract" or "the subscription").
Any order or purchase of InternetVista' services on the internetVista® site or in any other form implies prior acceptance of the present Terms of Service. As a consequence, it is assumed that the Customer is fully informed of the fact that their agreement concerning the content of the present Terms of Service does not require the handwritten signature of this document. The Customer is able to save or edit the present Terms of Service, with it being clear that both the saving and editing of this document are their entire responsibility, and that these sales Terms of Service are able to be modified. In this case, the Terms of Service applicable to the contract with the Customer will be those in force on the website at the date of the order, subject to modifications subsequently occurring in compliance with the modification procedure outlined below.
InternetVista may modify the present Terms of Service, providing prior notice is given to the Customer. The modified Terms of Service will come into force one month after the notice given to the Customer, except where InternetVista has notified a different date, which can be only after one month. Before the modified Terms of Service come into force, the Customer may decide to terminate the contract by following the regulations outlined in article 12.
The Customer agrees to relinquish their own special terms of service, even if it is specified that they alone are valid.
The fact that InternetVista at any given moment does not exercise any of the present Terms of Service and/or tolerate any breach by the other party in respect of the obligations included in the present Terms of Service, cannot be interpreted as InternetVista relinquishing any of the terms mentioned in the future.
2. DefinitionsCustomer: a natural person or legal entity purchasing or using the services made available by InternetVista.
InternetVista: the company InternetVista SA, having the registered office at 6 Chemin du Cyclotron, Louvain-la-Neuve
1348, Belgium, VAT number BE 0.862.589.821
Application: an entity that the Customer wishes to monitor though the Internet. An entity may be a Web server,
a mail server, a file server... It may for example be a URL if the Customer wants to monitor an Internet site (Web
server) with the form "http://domain.name".
Media: a means of communication that the Customer chooses from amongst those offered by InternetVista and with
which they will be advised of events that occur in these applications. The media that the Customer may specify are
currently of three types: e-mail, sms or url. The media are also used as part of periodic reports and news.
SMS Credit: number of credit intended to send SMS; at each SMS sending, this credit is decreased by 1 unit.
The SMS credit remains valid in time and don't expired. The Customer can reload at any moment his number of credit
via the InternetVista® website.
Account: the account of the Customer shows all applications that the Customer wants to monitor, the media that
the Customer specifies and the number of sms' that the Customer may use (sms credit).
3. Service request, free service and paying serviceTo use the services available on the internetVista® site, the Customer must create an account by completing the registration application available at the following address: website monitoring. This registration gives the Customer rights to a free account allowing them to monitor an HTTP type application at 60 minute frequencies and to combine an e-mail type media. To benefit from free monitoring, the Customer must include a link to the internetVista site in the page that he monitors. Information which will enable the Customer to include the link in his page can be found at the address Link to us.
An account is a subscription to InternetVista' services. The subscription may be extended, modified or cancelled
in accordance with provisions in the Contract. In order to access more or all of the services offered by InternetVista,
the Customer must upgrade their account and change to a paying subscription. This can be done by using their
account configuration which ends with the secured payment (see article 4).
A subscription can be taken for a duration of 1 month, 3 months, 6 months or 1 year. A subscription consists of at least
one application and one media. The cost of the subscription is automatically debited to the credit card on the
"anniversary" of each period subscribed for (if the Customer purchased a monthly subscription on 4 May 2004,
on the 4th of each month InternetVista will debit the amount of their subscription). If an additional service
is required (account extension, frequency and/or media purchase) during the current period a pro-rata amount
for this service is invoiced to them and is calculated on the time through to the end of the period concerned.
If the Customer wishes to reduce their subscription during the current period (fewer applications at certain
frequencies or fewer media), a credit is calculated on a pro-rata basis and is credited to the Customer. A credit
balance is never reimbursed or credited to the credit card. This credit is kept on the Customer's account until
this credit is entirely used up by future services. If the amount of an order during the reconfiguration of
a Customer's account, does not reach 4.99€ (or $6.99), the invoice and payment are postponed and the amount
is debited to the Customer. Once this amount is greater than 4.99€ (or $6.99), the Customer is directed
to the secured payment.
InternetVista remains free to decide in the future to end the free service currently offered, and to modify the content therein,
provided prior notification has been sent to the Customers who have subscribed to it, with no right to this
service being granted to the Customer. The obligations and responsibilities of InternetVista for the free service
are, in accordance with the present Terms of Service, to be different to those of the paying service.
A detailed description of the service offered by InternetVista is available on the InternetVista site. In case of contradiction
between this description and the present Terms of Service, the present terms take precedence.
4. Payment, transaction security and invoicingPayment is required at the time of ordering. The Customer's order becomes firm as soon as the Customer validates their order after having entered the number, expiry date and visual cryptogramme from their payment card. Payment is only possible with American Express, Visa and Eurocard/Mastercard cards or via the Paypal system.
For the customers by making the request and after acceptance by InternetVista, the payment can be carried out by bank transfer.
In this case, a subscription of at least 6 months is necessary.
In order to guarantee a policy of high security protection for transactions made on our site internetVista®, InternetVista
has registered with the financial transaction security system set up by a specialist provider, the company
http://www.ogone.com). Only Ogone has knowledge of the data relating to your payment card and this
data is only sent in encrypted format SSL 128 bits.
All payments are entitled to an invoice. The invoice details can be consulted on the internetVista website and the invoice
may be printed straight from a PDF file. The Customer accepts this method of operating. InternetVista
reserves the option, within legal boundaries, of using electronic invoicing systems, the Customer agreeing
that they will not object to this.
InternetVista reserves the option of modifying (upwards or downwards) the subscription prices offered subject to advising
the Customer about it in advance. In this case, the subscriptions in place will be maintained at the
price in force at the time, the modifications only taking effect from the day following the last day
of the subscription; in this case, the Customer will be able to end the subscription following the procedure
described in article 12 before the date of the new price coming into effect. Each invoicing date InternetVista
takes the subscription amount from the Customer's credit card. Once a credit card expires, an e-mail
is sent to the account contact by default asking that they update the information relating to their credit
card. InternetVista reserves the right to terminate the service if the latter is not paid for.
The applicable rules concerning VAT will be applied in accordance with what the regulation provides for, depending on whether
the Customer is based in Belgium, the European Union or outside the European Union. The prices indicated
are prices exempt of VAT; therefore it will be added upon payment when it is applicable.
5. Customer obligationsThe Customer assures that the services will be used in accordance with the provisions in this contract, national and international legislation, and generally as a reasonably prudent person would use them, exclusively for legal purposes and without infringing upon the rights of third parties.
The Customer promises that for the applications checked by InternetVista through their account, they are the legal owner
or the rights holder, or that they have obtained authorisation from the legal owner and are entitled
to order the services at InternetVista. They guarantee InternetVista against any claim from third
parties who claim that InternetVista' services on such applications have not been requested or have
disrupted their activities.
The Customer guarantees that all the data and/or documents provided are correct.
6. InternetVista' obligationsInternetVista promises to take all reasonable care in executing this Contract. InternetVista promises to do its best to provide a quality service, as part of due care ("best efforts").
7. Applicable law, appeal and disputesAccess to and use of the internetVista® site are governed exclusively by Belgian law, subject to the application of mandatory provisions applicable to consumers. The application, interpretation and execution of the present Contract are, subject to similar criteria, governed exclusively by Belgian law. Any disputes arising from the Contract will be subject exclusively to the jurisdiction of the courts in Nivelles, Belgium.
8. Intellectual property rightsAll of the intellectual property rights on the service, tools used, web site, technology, software, and know-how developed by InternetVista are and remain their exclusive property. The reproduction or use of the textual and multimedia data (sound, images, software, etc.) of InternetVista or of its website, are subject to prior authorisation on the part of InternetVista. Without authorisation, any reproduction or use is prohibited. The names "InternetVista" and "internetVista" are protected for their trade name or commercial name. The Customer has no right or licence on the elements which are the property of InternetVista.
9. Protection of personal data
Confidentiality and security are of utmost importance for internetVista and internetVista strives to ensure that the technical and organisational measures in place respect the Customer’s data protection rights.
InternetVista agrees to comply with the Law of 8 December 1992 on the protection of privacy and European Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR).
9.2. Identity and contact details of the data controller
Personal data are collected on the internetVista websites and processed exclusively by the same company, Société Anonyme registered with the Belgian Companies Database under number 0862.589.821 with its registered office at 6 Chemin du Cyclotron, 1348 Louvain-la-Neuve, Belgium.
9.3. Processing of personal data
The Customer's personal data made available via the internetVista websites is registered and processed by internetVista for the following purposes: Customer and customer account management, service improvement and communication of information about new internetVista services or products. InternetVista reserves the right to use this data for commercial purposes, for identifying potential customers and informing the Customer of its products and services.
When the Customer registers with the internetVista service, the following data is collected and processed: email, first name, surname, website. This information can be supplemented by the following data: country, intracommunity VAT number if applicable, password, postal address, phone number, IP address(es), time zone. By using the internetVista service, the following data is collected and processed: connection data and browsing data when the Customer has given their consent, subscription information and exchanges with internetVista customer service. Some data is collected automatically as a result of the Customer's actions on the site (see the paragraph on cookies below).
Purposes of the processing of Personal Data
Customer is informed that the processing of their personal data is necessary to provide the internetVista Services. This personal data is processed in accordance with the provisions of the GDPR. The Customer is informed that all data exchanged is transmitted securely and stored securely.
Retention of Personal Data
The Customer’s personal data is not retained beyond the time necessary for the performance of internetVista’s contractual obligations or its statutory obligations. Once the retention period has elapsed, internetVista undertakes to destroy the Customer’s personal data no later than 1 year after the last contact with them.
Storage and transfer abroad
The personal data collected is all stored on internetVista servers within the European Union. It may be transferred outside the European Union. In this case, internetVista makes the necessary arrangements with its subcontractors and partners to ensure an adequate level of protection of the Customer’s Personal Data, in accordance with the regulations in force (chapter V of the GDPR).
9.4. Confidentiality of the personal data sent to internetVista
InternetVista attaches the utmost importance to the confidentiality of personal data. As such, internetVista takes all appropriate precautions to secure its confidentiality and declares that it works with reliable subcontractors, known for the professionalism of their services and the high degree of protection they grant to the confidentiality of personal data.
9.5. Right of access, objection, correction and erasure of Personal Data
In accordance with Article 13 of the GDPR, the Customer is informed that they have a right of access, objection, correction, portability and erasure. They may exercise their rights by contacting the internetVista customer service, either by sending a letter to the address in the imprint displayed on the internetVista website or electronically by sending an e-mail to the address support@internetVista.com. internetVista may ask the Customer for proof of identity; any electronic request must be sent from the e-mail address entered at the time of registration with the internetVista service. The Customer also has the possibility of lodging a complaint with the Privacy Commission (https://www.privacycommission.be) in application of article 77 of the GDPR.
The Customer may also at any time change their personal data by logging into their monitoring account under the “Account” section.
If the Customer makes an objection to the processing of their personal data, and in so far as this data is an integral part of the internetVista service, the Customer may be asked to close their monitoring service account.
To be able to use the internetVista websites, the Customer is recommended to enable the cookies. If cookies are disabled, internetVista may not be able to guarantee the Customer that their visit to the website is free from technical problems. However, the Customer remains completely free to disable cookies if they so wish.
The cookies used are safe. The information collected using cookies makes it possible to propose specific and customised services to the Customer.
InternetVista also uses tools that analyse and monitor the visitors to its websites in order to get an overview of the customer, to conduct analyses on the browsing experience and to improve the content on its sites and send targeted information to the Customer while browsing.
10. Responsibility of InternetVistaThe responsibility of InternetVista for any damage that might result, for the Customer, from InternetVista' services has an upper limit amount that will be equivalent to the highest of the two following amounts: (1) the total of the amounts paid by the Customer during the year preceding the damage, or (2) the sum of 250€, and this irrespective of the cause or the legal basis for the Customer's claim. The responsibility of InternetVista is limited to the direct material loss resulting from gross negligence duly established on their part. In no case will the responsibility of InternetVista by virtue of the contract lead to compensation for consequential damages, of a financial, commercial or other nature, such as a loss of time, loss of clientele, damage to the clientele, loss of data, loss of revenues, loss of profits, increase in general costs, disruption to a commercial activity, action by third parties, damage to reputation or loss of anticipated savings. Furthermore, InternetVista accepts no responsibility in the case of free services, except where there is intentional fault on their part.
11. Act of God and wrongdoing by third partiesNeither the Customer nor InternetVista are responsible for damages caused by the failure to respect or the belated respect of the contractual obligations due to reasons beyond their control, notably, war, riots, terrorism, attacks, strikes, industrial disputes, accidents, fires, flooding or telecommunication breakdowns or any third party wrongdoing (problems of transporting information, broken equipment, problems with links or telecommunications,...).
The availability of internetVista® services may be suspended where events beyond the control of InternetVista, such as
problems with internet network access as well as repair needs or maintenance of InternetVista'
equipment are concerned. The interruption and its consequences will in no case give rise to
compensation. InternetVista will strive to warn the Customers of interruptions within a reasonable
timeframe and will try to minimise the duration.
12. End of subscriptionThe subscription comes into force when InternetVista begins to supply the service. It is taken as an undetermined length of time. In the case of non-payment by the Customer or of non-compliance by the Customer of their contractual obligations, InternetVista may terminate the contract without warning or, if so desired, decide to put the supply of the service on hold and give the Customer a timeframe during which they must settle the non-payment or non-compliance of the contract. In all cases, InternetVista should advise the Customer as soon as possible of the termination or suspension of the subscription. InternetVista may also, in the absence of fault by the Customer but with a warning of one month, decide to terminate or suspend the service.
The free service may also be terminated in accordance with article 3 of the present Terms of Service.
The Customer may terminate the Contract at any moment by closing their account via the
application available on the internetVista® (
www.internetvista.com) site or by written notification to InternetVista, by post or
by e-mail. The contract will terminate only at the end of the period in progress, with no
reimbursement to the Customer being allowed for the period between the notification by the
Customer and the date of the end of the contract.
13. How to contact InternetVistaA contact section is provided on the internetVista® site (contact heading); however, it is always possible to send an e-mail directly (info@internetVista.com) or by post to the following address: InternetVista SA, 6 Chemin du Cyclotron, Louvain-la-Neuve 1348, Belgium.
14. Languages of the Terms of ServiceDespite all the care given to ensure correct translations of these present Terms of Service in the different languages offered by internetVista®, it may be the case that differences in interpretation occur depending on the language. In such a situation, for any dispute and document, in the case of contradiction between two versions, the language of reference is French.
15. PublicityInternetVista can use the name, the domain name or the logo of the Customer in the lists of his customers, the testimonials or press releases except on request of the Customer.