Terms of Service
1. Application of the Terms of Service
The 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.
Customer: 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".
The following is the list of the different types of application whose monitoring is supported by internetVista:
- HTTP application: application based on the HTTP protocol (Web server)
- HTTPS application: application based on the HTTPS protocol (secured Web server)
- SMTP application: application based on the SMTP protocol (outgoing Mail server)
- POP application: application based on the POP protocol (incoming Mail server)
- FTP application: application based on the FTP (file transfer server)
- TCP application: application based on the TCP/IP protocol
- IMAP application: application based on the IMAP protocol (incoming Mail server)
- DNS application: application based on the DNS protocol (Domain Name server)
- UDP application: application based on the UDP protocol
- PING application: application based on the PING protocol
- MYSQL application: application based on the MYSQL protocol (Database server)
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 service
To 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 invoicing
Payment 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 Ogone (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.
Furthermore, InternetVista does not store the information concerning the Customer's payment card and retains only the information concerning the Customer's order to deal with its processing and tracking and to inform the Customer of its product/services offers in respect of the provisions in article 9 of the present Terms of Service.
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 obligations
The 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' obligations
InternetVista 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 disputes
Access 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 rights
All 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 privacy
InternetVista promises to abide by the personal privacy law of 8 December 1992 as part of processing personal data. The personal data of the Customer that has been sent via the internetVista® site will be recorded and dealt with by InternetVista for the following purposes: managing the account of the Customer and of the Customer base, improving the service, and communicating information on the new services and products of InternetVista.
InternetVista reserves the right to use this data for commercial reasons, identifying potential Customers and advising the Customer of its products and services; the Customer may also object to any use of their data for marketing purposes by advising InternetVista in accordance with the procedure provided for this purpose by InternetVista. The Customer has the right to consult their data and to ask InternetVista to update it or to correct it, by writing to the following postal address: InternetVista SA, 6 Chemin du Cyclotron, Louvain-la-Neuve 1348, Belgium, or via the internetVista® site (www.internetVista.com - uptime is money)
10. Responsibility of InternetVista
The 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 parties
Neither 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 subscription
The 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 InternetVista
A 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 Service
Despite 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.
InternetVista 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.