2. Applicability General Terms and Conditions
3. Conclusion agreement
4. Delivery of data and files
5. The design service
6. Print work: colour test, addressing test and deviations
8. Exclusion right of recall
9. Prices and payment
11. Use of the service
12. IE rights
14. Secrecy and personal data
16. Force Majeure
17. Termination and dissolution
18. Access secured websites and access secured Tildepost network
19. Disputes and applicable right
20. Complaints regulation
21. Changes and additions
22. Additional stipulations
23. Information and questions
General Terms and Conditions:
The General Terms and Conditions of the digital and paper postal service;
The registered order of the postal service by the Principal via the site;
The transport product ~ Post of Tildepost. For this, the Principal can choose in function of the transport of the digital and paper post.
The documents that are composed by the Principal, with the aid of the design service;
Digital and paper postal service:
The printed result of the submitted graphic file (pdf), in accordance with the order of the Principal;
All rights of intellectual property and rights related therewith. Under this resort (without limitation): trade name rights, brand rights, copy rights, patent rights, model rights, databank rights, as well as rights on know-how;
All knowledge and information concerning the creation of documents that Tildepost makes available to the Principal by the delivery of the service;
Service(s) that have been detailed in accordance with specific stipulations and wishes of the Principal and/or service(s) that are of a personal nature;
Activities for the support of the access and the use of the design service by the Principal, inclusive of the repair of defects;
The design of digital and paper post on the basis of the design templates that are made available on the site;
The design service delivered by Tildepost to the Principal, whereby by Tildepost design templates are made available;
The standard templates detailed by Tildepost for the creation of the documents with the design service, consisting of a template that contains a style for a printing format (among others, font and size of fonts), colour compositions and the positioning of text and images. The design templates are made available on the site;
The enterprise or natural person that has concluded an agreement with Tildepost;
The agreement between Tildepost and the Principal for the provision of the service that solely will be concluded if the procedure in article 3 of the General Terms and Conditions has been gone through;
The transport product Post of Tildepost. For this, the Principal can choose in function of the transport of paper post.
The printing and transport per post of digital and paper letter exchange in accordance with the order of the Principal. The Principal can also agree to design the digital and paper letter exchange on the site of the postal service.
Hippodroomlaan – 30
btw: BE0663 579 869
IBAN: be85 7360 2976 3506
The software developed by Tildepost (or its appointed third parties) with which the Principal independently can create and manage documents;
A changed version of the software, in which the operation is improved or repaired;
A changed version of the software, with which the functionality is enlarged or extended;
The transport of digital and paper post to the address designated by the Principal, whereby the Principal has the choice of shipment with the following products of Tildepost: Post shipments or ~ Post. The transport takes place under the concerned applicable General Terms and Conditions of Tildepost (and/or entities affiliated with it) belonging the concerned transport product.
Applicability General Terms and Conditions
2.1. These General Terms and Conditions are applicable to and form part of the agreement, and are also applicable to offers and notifications of Tildepost, that are connected with the service.
2.2. If the stipulations of the agreement deviate from the General Terms and Conditions, then the stipulations of the agreement shall prevail.
2.3. Deviations of and additions to the General Terms and Conditions can be agreed solely in writing or electronically.
3.1. Prior to being able to place an order, the Principal must create a “Tildepost address” on the site. A postal address can be created by registering on www.tildepost.com. After registration, the Principal can log in with his log-in data and at a later moment in time create and view his data, order(s), invoices and deliveries.
3.2. If the Principal registers himself, then the Principal is self-responsible for the establishment of and the use of his user name and password. The Principal is responsible for the correctness of the data in his postal address and is not authorised to let this be used by others.
3.3. The placing of an order takes place according to the procedure below:
1) Creation of the desired digital and paper post.
2) Add files that the Principal wishes to let be printed, whether or not with the aid of the available design templates.
3) Depending on the chosen delivery option (~ Post or Post), the following steps must be gone through: “Determine purpose of the letter”, “Choose delivery address”.
4) Adding of the order to the shopping basket.
5) Checking Order for correctness and completeness (and where necessary, complete).
6) Choose payment method.
7) To be able to complete your order, you must explicitly agree with the applicable General Terms and Conditions by ticking the opt-in.
8) Click on “finalise order or send” to complete the order.
3.4. The agreement is concluded as soon as the order has been rounded off, in accordance with the procedure, as stated in article 3.3.
3.5. Tildepost reserves the right to refuse an order for its own reasons or to set specific terms and conditions. Hereby can be thought of the not being able to comply/non-compliance by the Principal with his payment obligation, or other circumstances that can influence the responsible conclusion of an agreement via the site.
Delivery of data and files
4.1. The Principal is responsible for the correctness and completeness of the delivered address file (if the digital and paper post must be sent with address) and the graphic file (pdf) in the text and images in function of the design. Also, the delivered data must meet with requirements, as these are stated in the delivery specifications included on the site.
4.2. The Principal commits not to deliver images about items below:
– subjects that are unlawful;
– subjects of which the content is deceitful, full of lies or false;
– subjects with religious or political content;
– subjects that are against the good virtue, offensive, insulting, or can be detrimental for third parties, or are immoral;
– subjects that in any other manner are not suitable to be included in the digital and paper postal service, according to the discretion of Tildepost.
4.3. The Principal is responsible for the correctness and completeness of the address data and the personal message, the content and the design of the digital and paper post. If incorrectness, impreciseness or incompleteness of the data stated by the Principal has the consequence that the postal service cannot (fully) be executed, then the Principal remains liable to pay the compensation for the postal service to Tildepost.
4.4. The Principal warrants that by the compliance with the agreement the rights of third parties will not be harmed. The Principal safeguards Tildepost, both in- and out-of-court from all claims that third parties, on the basis of laws or regulations referred to, can make valid.
The design service
If the Principal chooses to make use of the design service, then the articles below are applicable:
5.1. Tildepost grants to the Principal the non-exclusive, not-sub-licensable and non-transferable right to grant himself, via the internet, access to the design service with the purpose of using the design service in the framework of the own enterprise or professional activities of the Principal.
5.2. The Principal shall each time strictly comply with the use limitations agreed between parties, as well as with the directions stated by Tildepost concerning the use of right.
5.3. It is not permitted to the Principal to sublicense, alienate or grant limited rights on the design service, or to make these, in whichever manner or for whichever purpose, available to a third party. Also, it is not permitted to give a third party access, whether or not remotely to the design service; including if the concerned third party solely used the design service in function of the Principal. The Principal shall not use the design service in the framework of the processing of data for the benefit of third parties.
5.4. It is not permitted to the Principal to release or transfer the design service or use rights thereto, in whichever form, to or in whichever manner make available to third party/parties, to encumber these with any limited right or to introduce these in a company or joint venture.
5.5. Tildepost does not warrant that the Principal, at all times, can make use of the design service and that the design service will be delivered correctly, fully and timely , or that all disruptions can be excluded and/or repaired. Disruptions in the design service can among others, but not solely, be the consequence of disruptions in the internet or phone connection. The Principal is responsible for hard- and software, auxiliary equipment, connections and means of telecommunication that are necessary to be able to make use of the service, unless parties have agreed otherwise in writing.
5.6. Tildepost is at all times authorised to introduce changes in the design service. If it is to be expected that this shall have technical operational or system-technical consequences for the Principal, then Tildepost shall inform the Principal about the changes in the design service. If the Principal continues to use the design service, then he states therewith to agree with the changed design service.
5.7. The Principal is self-responsible for the correct delivery of the instructions and specifications as well as for the inputting of data and data in the design templates. The use of the design templates and/or the documents is for own account and risk of the Principal. Tildepost does not warrant that the design templates and/or the documents are correctly created and is not responsible for the saving and/or keeping of the design templates and/or the documents, or for the correct download, sending and/or ordering of digital and paper post on basis of the design templates and the documents.
Digital and paper postal service: colour test, addressing test and deviations
6.1. The Principal receives upon request and against payment a colour test and/or addressing test of the digital and/or paper post.
6.2. The Principal must, upon purchasing a colour test, approve this. If Tildepost receives no approval, then the agreement shall be cancelled after 30 working days, without any right to compensation of damages.
6.3. The Principal must, upon purchasing of an addressing test, approve this. If Tildepost receives no approval within 24 hours, then the addressing test will be regarded as approved and the agreement shall be executed.
6.4. The Principal agrees that the quality of the final digital and paper post can deviate from the image that the Principal has submitted. The digital and paper post can with respect to colour, image quality or design, differ from the image that the Principal has delivered.
6.5. Deviations between, on the one hand, the delivered digital and paper post and, on the other hand, the original design, or colour test, will not be regarded as a shortcoming of the agreement and can form no reason for rejection or discount, if these are minimal.
7.1. The delivery takes place on the address(es) that the Principal has designated when ordering the service on the site or on (a) delivery pint(s) agreed with the Principal if the transport product Post has been chosen.
7.2. If, on the site, the Principal makes the choice to let the paper post be sent through the local Postal service, then the General Terms and Conditions of the local Postal service on the transport of the paper post are applicable (such as represented on the site).
Belgium: General Conditions BPOST: http://www.bpost.be/terms-and-conditions
7.3. The Principal shall ensure that the paper post can be taken into receipt upon delivery at the stated address.
7.4. The execution of the agreement by Tildepost shall in any case be regarded as successful, if the Principal has taken the digital and paper post in use and/or has had this delivered to third parties.
Exclusion right of recall
8.1. The Principal can make no use of cancellation of the agreement and/or make a claim on the right of recall, since it concerns a tailor-made service. The lawful term for reconsideration is not applicable to the agreement.
Prices and payment
9.1. The Principal is liable to pay to Tildepost the compensation, in accordance with the prices stated on the site.
9.2. All stated prices are exclusive of VAT.
9.3. Tildepost is each time authorised to change the prices.
9.4. In case of discussion over the amount of the compensation that the Principal is liable to pay to Tildepost, the administrative data of Tildepost shall be decisive, unless the Principal delivers proof to the contrary in writing.
9.5. The Principal must pay the compensation in advance via Bancontacnt or credit card, unless parties have agreed otherwise.
9.6. If between the Principal and Tildepost it has explicitly been agreed that the compensation will be paid afterwards, then the payment of the total amount (that is collected via invoice), must be deposited within 7 days after date of the invoice on a bank account designated by Tildepost.
9.7. If the payment by the Principal takes place by means of payment afterwards (purchase on account), then Tildepost is authorised to (let) execute a creditworthiness test. Tildepost has the right to dissolve the agreement with immediate effect and without intervention of the courts, if the result of the creditworthiness test does not meet the terms and conditions of Tildepost.
9.8. If an invoice is not paid within the agreed term, then Tildepost has a right to compensation of all reasonable in-court and out-of-court costs that Tildepost makes for this. In addition, Tildepost has a right to compensation of the lawful interest over the amount due by the Principal. Tildepost also has the right to suspend the (further) compliance with its obligations until the full payment has taken place.
9.9. The right of the Principal to suspend or set off the payment of due amounts, is excluded.
9.10. Tildepost is at all times authorised to request sufficient safeguard or (entire or partial) advance payment from a Principal, before executing (further) delivery of the service.
10.1. Questions, complaints and remarks concerning the working and the use of the service can be submitted per Tildepost address or email to Tildepost by the Principal (see also article 23.1). Tildepost shall make an effort to respond hereto within as short a term as possible.
10.2. Tildepost is authorised to put the service (temporarily) out of use or to limit it in case this is necessary for the maintaining or the modification of the service, without that because of it any right to compensation of damages of the Principal with regard to Tildepost shall emerge. If possible, Tildepost shall try to limit this putting out of use and/or limitation to outside of office hours.
10.3. Tildepost shall, if and to the extent it deems it necessary or desirable according to own insight, implement updates or upgrades in the software. The Principal accepts that Tildepost implements these to own insight.
Use of the service
11.1. The Principal shall safeguard Tildepost from claims of third parties that are based on the argument that the use of the service by the Principal causes an infringement on IE rights or is illegal in another manner.
11.2. The Principal warrants that his use of the service shall not:
– be in violation of the law and the agreement
– include illegal acts with regard to Tildepost or third parties;
– be in violation of the General Terms and Conditions;
– cause damage or hinder to the systems of Tildepost and/or other principals or internet users;
– be in any other manner illegal;
– harm the interests and the image of Tildepost.
11.3. If it would show that the use of the service by the Principal and/or the documents that the Principal has processed with the aid of the service, is illegal, then Tildepost shall immediately take the initiative to remove these documents or make the access thereto by the Principal impossible. In no case, Tildepost shall be liable for damage that derives from this illegal manner of acting.
12.1. All IE rights concerning service, design service, design templates, software, know-how, documentation manufactured by Tildepost and service delivered by Tildepost (or third parties appointed by it), belong to Tildepost, its licensors or suppliers. Unless explicitly agreed otherwise in writing, no IE right shall ever be transferred to the Principal.
12.2. The Principal shall not remove or change designations of Tildepost concerning IE rights concerning the service, the design service, the design templates, the software and the know-how, inclusive of but not exhaustive, copyrights, trade names and brands.
12.3. All IE rights concerning the documents belong solely to the Principal.
12.4. It is not permitted for the Principal to make the service, the software or any content thereof, without prior permission of Tildepost, in whichever manner available to third party/parties, to distribute it, change it, reproduce it, send it or in whichever manner process in another document or other material. This also means, among others, that it is not permitted to the Principal to, without prior written permission of Tildepost, to request a substantial part of the content of the databank(s) on the software and to re-use it and/or request non-substantial parts of the content of the databank(s) repeatedly and systematically and to re-use it in the sense of the law on Databanks.
12.5. Except when mandatorily permitted by law, the Principal may not duplicate, decompile the software or apply reverse-engineering thereon. In addition, it is not permitted to remove or circumvent securities or technical (use) limitations of the software.
13.1. The liability for direct damage of Tildepost due to non-imputable shortcoming on the basis of the agreement concerning the printing (and if applicable the design) of the digital and paper post is limited to a maximum compensation equal to the value of the order of the digital and paper post whereby the concerned case of damage has occurred. Concerning the transport of the digital and paper post under this agreement, Tildepost is not liable for any damage that derives from or is connected with any shortcoming in the compliance with this part of the agreement.
13.2. Under direct damage will solely be understood the costs that the Principal reasonably has had to make to repair or relieve the shortcoming of Tildepost, so that the performance of Tildepost would comply with the agreement, as well as reasonable costs for the prevention or limitation of such damage and reasonable costs for the establishment of the cause and the scope thereof.
13.3. The liability of Tildepost due to non-imputable shortcoming in the compliance with the agreement – such as stated in article 13.1. – of these General Terms and Conditions emerges in all instances only if the Principal declares it immediately and formally in writing in default, whereby a reasonable term for the resolution of the shortcoming will be set, and Tildepost also after that term imputably continues to fall short of the compliance with its obligations. The notification of default must contain a description as fully and detailed as possible of the shortcoming, so that Tildepost is able to offer a solution efficiently and adequately.
13.4. Condition for the emergence of any right to compensation of damages such as stated in article 13.1. of these General Terms and Conditions is that the Principal reports the damage each time as soon as possible after the emergence thereof in writing to Tildepost. Each claim to compensation of damages against Tildepost shall be forfeit after expiry of 12 months after the emergence of the claim.
13.5. The stipulations in this article apply also for all (legal) persons of which Tildepost makes use for the execution of the agreement.
13.6. Each liability of Tildepost for indirect damage, inclusive of but not limited to consequential damage, missed profits or missed turnover, is excluded.
13.7. The Principal must ensure sufficient security of his data and programs. Tildepost is in no manner whatsoever liable for data loss or damaging of programs in the (execution of) the agreement irrespective of the cause.
13.8. Complaints over the execution of the service must be submitted within 7 working days after expiry of the delivered postal service by the Principal (unless this reasonably cannot be required of the Principal). In the absence hereof, each claim of the Principal shall be forfeit.
13.9. Tildepost cannot make a claim to the exclusion of liability such as referred to in article 13.8. insofar the damage has been caused by its own acts or the omission thereof, either damage with wilful intent caused, or damage from recklessness with the knowledge that probably damage can derive from it.
13.10. The Principal warrants that he has acquired the content sent to Tildepost for the manufacturing of the digital and paper post legitimately and that there are no objections against the use of the content. The Principal safeguards Tildepost from all claims of third parties concerning the content of the digital and paper post.
Secrecy and personal data
14.1. Parties shall give no notifications to any third party concerning the agreement (inclusive of the existence thereof) or give any third party permission to consult the agreement, unless parties have concluded about this a prior agreement in writing.
14.2. If a party has to give a lawful obligation notification concerning this agreement or has a lawful obligation to give permission to view this agreement to a third party, then this party shall inform the other party about this immediately.
14.3. Each party must observe secrecy concerning all confidential information with regard to the other party, that comes in its possession the execution of this agreement and shall not use this confidential information for other purposes than for the execution of this agreement.
14.4. The confidential information referred to in article 16.3, includes the personal data that shall be passed on by the Principal to Tildepost. This personal data shall be treated by Tildepost in accordance with the lawful regulation in force.
14.5. The Principal warrants that, with regard to the data that he provides to Tildepost, he shall comply with all applicable laws and regulations in the field of the protection of personal data and that these laws and regulations permit that this data will be provided to Tildepost and will be processed by Tildepost.
14.6. The Principal shall safeguard Tildepost from all claims of third party/parties that derive from the non-compliance with these laws and regulations by the Principal.
15.1. Tildepost is authorised to exclude the Principal in whole or in part from the use of the service, if the Principal:
– acts in violation of the stipulations in the General Terms and Conditions;
– causes an infringement on the IE rights or other rights of Tildepost or of third parties;
– in another manner acts punishable or illegally.
16.1. Tildepost is not obliged to the compliance with the obligations in accordance with the agreement if its hindrance thereto is a consequence of a non-imputable shortcoming. There is among others an instance of a non-imputable shortcoming if Tildepost cannot comply with its obligations with regard to the Principal, as a consequence of a non-imputable shortcoming of third parties of which Tildepost makes use in the execution of the agreement.
Termination and dissolution
17.1. Tildepost is authorised to terminate an agreement with immediate effect, if Tildepost on the basis of changed laws or regulations or on the basis of the ruling of a court or supervisory entity cannot comply anymore with its obligations.
17.2. Tildepost is authorised to cancel an agreement intermittently, if Tildepost cannot comply anymore with its obligations as well as if it, at a certain moment during the duration of an agreement would decide to stop definitively with the offering of the concerned service.
17.3. Tildepost is authorised to terminate the agreement immediately on the condition that it simply sends a registered letter, and this so when the Principal is in a state of failing, or a regulation WCO is granted to it by the Court of Commerce, or is brought into settlement. In these instances, all compensations that the Principal is liable to pay to Tildepost become immediately payable upon demand.
Access secured websites and access secured Tildepost network
18.1. The Principal obliges to do all possible to prevent unauthorised use of the service. If Tildepost suspects abuse of the service, or more in general, of an offered website functionality, then it has the right to block the access to the site or the service.
18.2. Tildepost warrants the security of the Tildepost network. If, in the opinion of Tildepost circumstances occur, due to which Tildepost cannot keep the security of its network at the proposed level, then Tildepost is authorised to proceed to exclude in whole or in part the (network) access.
18.3. The Principal commits not to expose the equipment and the systems of the Principal that are used for access to the Tildepost network, to unnecessary risks including external virus attacks, unauthorised access to (area security) and via (not secured connection and direct access to the internet) the equipment and systems, and to keep the equipment and systems that shall be used for the access by the Principal configured and maintained to keep the access secured.
18.4. The Principal safeguards Tildepost for the consequences of loss or unauthorised use of the users-postal addresses, access codes and passwords provided by Tildepost, unless these consequences are caused by an imputable shortcoming of Tildepost self.
Disputes and applicable law
19.1. The laws of Belgium are applicable to the agreement.
19.2. Disputes between Tildepost and the Principal that derive from the agreement shall solely be submitted to the courts of the statutory seat of Tildepost that are competent according to territory.
20.1. In case of complaints and/or questions concerning a service of Tildepost, the Principal must:
– during office hours address the Customer Service via the online form
– send a digital letter to support~post.com or an email to firstname.lastname@example.org.
20.2. Complaints about the execution of the agreement must be submitted within the 7 days after delivery of the press and print work in writing to Tildepost, unless this reasonably cannot be expected of the Principal. In the absence hereof, each claim of the Principal shall be forfeit.
20.3. Complaints will be answered within a term of 14 days, to be counted from the date of receipt of the complaint. If a complaint requires a foreseeable longer processing time, then by Tildepost will be responded within a term 14 days with a message of receipt and an indication when the Principal can expect a more extensive answer.
Changes and additions
21.1. Tildepost has each time the right to unilaterally change or extend these General Terms and Conditions.
21.2. Notwithstanding the stipulations in article 22.4, changes of and additions to these General Terms and Conditions are only valid, if they have been agreed in writing (or electronically) between Tildepost and the Principal.
22.1. The Principal warrants the correctness and completeness of the data provided by or on behalf of him to Tildepost.
22.2. Tildepost has the right to involve third parties for the execution of (a part of) the postal service, without permission of the Principal.
22.3. Tildepost is authorised to, without prior permission of the Principal, assign the rights and obligations from these General Terms and Conditions to third parties. Tildepost shall notify the Principal hereof. The Principal is not authorised to assign rights and obligations from the General Terms and Conditions to third parties without explicit written permission of Tildepost.
22.4. If one or more stipulation(s) of these General Terms and Conditions is/are or become invalid or invalidated, then the other stipulations of these General Terms and Conditions remain fully in force. Tildepost and the Principal shall agree a new stipulation for the replacement of the invalid/invalidated stipulations(s), whereby, as much as possible, the purpose and the content of the invalid/invalidated stipulations(s) will be observed.
22.5. The user of Tildepost permits to receive digital signed letters via Tildepost.
Information and questions
23.1. For more information or in case of questions concerning the General Terms and Conditions and/or concerning the use of the website, the placing of the commission, the delivery and/or privacy, each time contact can be sought:
– during office hours with the Customer Service via the number xxxxvia an tildepost to info~post.com
– via an email to email@example.com
– via the information form. www.tildepost.com