CUSTOMER is requesting access to data submitted by CUSTOMER to GEOS LABORATORIES or data generated by GEOS LABORATORIES for CUSTOMER, in particular the analytical results generated on the basis of the services performed by GEOS LABORATORIES on behalf of CUSTOMER, hereinafter referred to as “the DATA”, on the Web site https://my.geos-laboratories.com, hereinafter called “My GEOS”.
GEOS LABORATORIES will provide CUSTOMER with a mutually agreed to number of accounts, not to exceed 10 accounts per CUSTOMER, each distinguished by a specifically designated login name (company email address of CUSTOMER – GEOS LABORATORIES will not allow personal, generic or roll based email addresses), allowing CUSTOMER’S staff to be identified and to consult data on the designated My GEOS site, as described in the user manual provided to CUSTOMER. CUSTOMER chooses his own password, can modify this password and is required per the terms of the agreement to change these passwords regularly for security reasons, through My GEOS.
The use of My GEOS shall be governed solely by these general access conditions. The validity of any arrangements, terms or agreements departing from these general access conditions shall be strictly subject to the written confirmation of GEOS LABORATORIES.
The term of the contract is one year from the date of the acceptance of the agreement, with renewal by tacit agreement for the same duration unless GEOS LABORATORIES or CUSTOMER give notice of termination at least three months before the end of the current period. If the contract to which these general access conditions apply is an amendment to an existing contract, for example a service contract between GEOS LABORATORIES and CUSTOMER (the “main contract”), it shall end on the date the main contract ends.
GEOS LABORATORIES undertakes to release regularly updated data on My GEOS. Furthermore, GEOS LABORATORIES undertakes to implement resources that it considers reasonable to assure the site availability to CUSTOMER, to protect confidentiality of the data, and to prevent data access from non-authorized third parties. CUSTOMER confirms that he/she has been informed and agrees with the general procedures and the resources defined/allocated by GEOS LABORATORIES to fulfil its obligations. GEOS LABORATORIES expressly, and without limitation, does not warrant:
Further, it is understood that GEOS LABORATORIES, with or without CUSTOMER’S permission will post data on an on-going basis, as it is generated. It is understood that this early posting of data, prior to final review and/or completion of a project, is subject to change. GEOS LABORATORIES does not give representation or warranty, implied or otherwise, about the integrity, use or application of early-posted results.
Delivery and/or posting dates are given for information purposes only and are not binding.
The CUSTOMER is obliged to:
Moreover, it is the Customer’s responsibility to ensure that if one or more of its employees(s)and/or agent(s) who has/have been given access to an “MY GEOS” account leave(s) the employment of the CUSTOMER or for any reason should no longer have access to the DATA, the employee(s) or agent(s) no longer accesses said DATA. CUSTOMER undertakes to inform GEOS LABORATORIES in writing of access accounts to be closed. CUSTOMER acknowledges that GEOS LABORATORIES may not be able to ensure immediate closure of an account. Failure of CUSTOMER to notify GEOS LABORATORIES of necessary account deletion does not entitle CUSTOMER to any remedy whatsoever.
Should the customer violate these general access conditions, GEOS LABORATORIES shall be entitled to place a temporary or permanent block on the use of My GEOS by the customer.
CUSTOMER is aware and acknowledges that, through the use of internet, it cannot be excluded with absolute certainty that a non-authorized third party may, voluntarily or fortuitously, access the DATA, despite all the safety and protections means implemented pseurotin’s to maintain confidentiality.
The GEOS Laboratories On-Line service should function under use in normal conditions, and the performances requested by the computer systems and the internet networks. GEOS LABORATORIES cannot furnish any guarantee in respect of the availability of My GEOS. No guarantee is applicable in the case of the defect originating from an accident or from a bad use case. Moreover, GEOS Laboratories shall provide no specific assistance concerning the use of Internet.
GEOS LABORATORIES shall only be liable for damages for breach of contractual or non-contractual obligations in cases of deliberate intent or gross negligence. Compensation for damages for breach of contractual or non-contractual obligations in cases of deliberate intent or gross negligence shall be limited, however to the amount (price) stated in the agreement concluded between the parties and at least to the damages typically encountered and foreseeable in respect of the relevant contract.
Defectiveness or loss of data cannot be the subject of a claim and/or complaint by CUSTOMER. CUSTOMER is expected to electronically back up or keep paper records of the data provided, independently of the GEOS LABORATORIES On-Line service. GEOS LABORATORIES only provides through this agreement a data access service for CUSTOMER’S use.
Subject to the restrictions set forth above, CUSTOMER agrees to hold harmless GEOS LABORATORIES and its Affiliates (current and future), employees, officers and directors from and against all actions, proceedings, claims, demands, loss damage, penalty cost or expense to CUSTOMER arising from access to its DATA via the On-Line service, or any use which could follow directly of from third parties, and also the direct or indirect harms caused by such a use. GEOS LABORATORIES accepts no liability, expressed or implied, and does not accept responsibility for any claim that arises from the agreement, and will not be responsible in case of CUSTOMER’S non fulfilments of its obligations.
CUSTOMER has the right to access the accounts list allowing data browsing on My GEOS. In such case, CUSTOMER must request in writing such list from GEOS LABORATORIES. However, GEOS LABORATORIES will not communicate the associated passwords, but will substitute them, particularly in case of loss of the password.
The publication of the data relating to the CUSTOMER may happen to concern data relating to one or more suppliers of the CUSTOMER, within the framework of conventions that define the property and the access to this data. It is expressly agreed that the CUSTOMER will deal itself with any complaint from this supplier tending to dispute the publication of such data, as well as damage resulting from an illicit access to this data.
Acceptance of the offer: see ARTICLE 2 (TERM)
End of the offer: At the end of the agreement, GEOS LABORATORIES has 30 days to remove customer’s data from My GEOS, and to close the accounts, without any prejudice to the dispositions described in articles 3 – OBLIGATIONS OF THE PARTIES and 4 – RESPONSIBILITY, which run until the effective removal of the data on My GEOS.
GEOS LABORATORIES and CUSTOMER acknowledge that the processing of personal data in the context of their agreement(s) is subject to Regulation (EU) 2016/679 (AVG).
The Parties shall process each other's personal data as well as those of the (sub)contractor(s) and other actors, their staff, their employees, their appointees and other useful contacts. The purposes of these processing operations are the execution of the Agreement, the management of customers/suppliers/subcontractors, accounting and safety on the site. The legal grounds are the execution of the Agreement, the fulfilment of legal and regulatory obligations and/or the legitimate interest of the relevant Party.
The Parties undertake to process these personal data only for the aforementioned purposes and in accordance with the provisions of the General Data Protection Regulation and all applicable laws, decrees and ordinances implementing it. They shall only pass on these personal data to processors, recipients and/or third parties insofar as this is necessary in connection with the aforementioned purposes for processing.
The Parties shall take the necessary precautions to protect the Personal Data against, inter alia, unauthorized access, theft, destruction, loss, alteration, transmission, reproduction or dissemination, whether accidental or unlawful.
CUSTOMER undertakes to impose the same obligations on the companies and organizations it uses.
Each Party is aware of its rights of access, correction, deletion and objection.
For further explanations, the Vendor expressly refers to its privacy declaration on its website:
The Customer confirms having read this privacy declaration and accepting its content.
If any provision or part of a provision of the present conditions or agreement between GEOS LABORATORIES and CUSTOMER, should be null, invalid and/or unenforceable, this shall not affect the validity and/or enforceability of the remaining provisions or parts of provisions of the present conditions or agreement between GEOS LABORATORIES and CUSTOMER.
The provisions of the present conditions or agreement between GEOS LABORATORIES and CUSTOMER, which are affected by nullity or invalidity shall remain binding in respect of the part thereof which is legally permissible. The relevant void, invalid and/or unenforceable provision or part of a provision shall be replaced ipso jure by a valid and enforceable provision or part of a provision which comes closest to the intentions of the parties.
The laws of Belgium shall apply to these general access conditions and to all the legal relations between the CUSTOMER and GEOS LABORATORIES, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, as defined by Belgian Law then the place of exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered place of business of GEOS LABORATORIES. GEOS LABORATORIES shall, however, also be entitled in all cases to bring an action at the place of general jurisdiction of CUSTOMER. This shall not affect overriding statutory provisions, especially exclusive jurisdiction.