General Terms and Conditions of Sales and Services (GTCS)

Cracker's Tech SARL/S provides services related to IT and communication technologies, as detailed on its website crackerstech.com, for private and professional customers.

This page contains all the General Terms and Conditions of Sale and Provision of Services (GTCS).

Article 1: Application and enforceability of the GTCS

Unless otherwise stipulated in a specific written agreement between our Company and the Customer, all sales and/or services provided by our Company are subject to these GTCS. These terms and conditions apply, without restriction or reservation, to all products and services offered by Cracker's Tech.

By placing an order and/or signing the quotation, the Customer acknowledges having read and accepted, without reservation, the present GTCS, which apply to the exclusion of any other provision contained in any other document, in particular the Customer's General Purchasing Conditions, unless otherwise expressly agreed in writing by our Company.

Article 2: Definitions

“Customer” refers to any entity ordering equipment, a service or a Provision from our Company.

“Our Company / The Service Provider” refers to the company CRACKERS'S TECH SARL/S carrying out the sale or the Service.

“Service(s)” refers to the service(s) ordered from our Company. and/or carried out on equipment belonging to the customer, in our workshops or on our premises. Website.

“Site” refers to the Customer's premises where the Service is performed.

Article 3: Contract language - Applicable law and jurisdiction

These General Terms and Conditions of Sales and Services (GTCS) and the resulting sales and purchase transactions are governed by Luxembourg law.

They are written in French, the language of the contract. (They may also be translated into English, as the site is multilingual. These translations are provided for information purposes only; please contact the management to obtain a translation with legal value. The translation endeavors to respect legal forms, but may contain errors).

All disputes arising out of or in connection with the validity, interpretation, performance, termination, consequences and consequences of these General Terms and Conditions and the sales and purchase transactions arising therefrom shall be submitted to the jurisdiction of the Commercial Court of the Grand Duchy of Luxembourg.

Article 4: Responsibility of Cracker's Tech for content provided by the customer

For content (texts, documents to be downloaded, images/photos, videos), the Customer is responsible for obtaining any necessary authorizations relating to copyright or related rights.

The information published on the website by the Customer after it has been put online is under the Customer's sole and exclusive responsibility.

The Customer agrees to provide Cracker's Tech and its subsidiaries with data and information that are fair, of high quality and in compliance with current legislation. The Customer agrees to comply with all legal and regulatory requirements in force relating to data processing, data files and individual liberties.

Article 5: Ownership

All intellectual or industrial property rights relating to specific developments carried out for the customer, including trademark rights, literary and artistic property rights, in particular reproduction, representation and adaptation rights, rights to software or computer files, and rights to database content, known as “sui-generis rights”, will become the property of the customer as and when the sums due for the work are paid.

Article 6: Prices and discounts

The current rates for services are available from Cracker's Tech on request. They include VAT and are subject to revision on each anniversary date of the current contract.

The discount rate cannot exceed 90%, all discounts added together. (Loyalty, Recommendation, Budget, other).

Loyalty and referral discounts are renewed (acquired) from one year to the next. Unlike the Budget discount and other discounts, which are reviewed every January 01.

Discount rate applied exclusively on the hourly rate of Cracker's Tech and its partners for the current year applied on the service:

– Contract for website design, SEO and communication . (imputation 40420)10 à 40042099).

– Web hosting and infrastructure services contract . (imputation 4043010 to 4043099).

Article 7: Warranty

Cracker's Tech reserves the right to modify at any time the characteristics of its technical infrastructures and the choice of its technical suppliers.

Given the complexity of global networks, the unequal capacities of the various sub-networks, and the influx of users at certain times, the service provider cannot be held responsible for access speeds from other sites in the world or for external slowdowns. Cracker's Tech may need to interrupt the service in order to maintain its hosting platform. Cracker's Tech cannot be held responsible if the hosting platform is unavailable for reasons of force majeure such as long-term failure of the public electricity distribution network, strikes, riots, wars, storms, earthquakes, failure of the public telecommunications network, loss of Internet connectivity due to the public and private operators on which Cracker's Tech depends.

Article 8: Payments

① In payment for its services, Cracker's Tech will receive the amounts and terms of payment set forth in the Special Conditions or in the Order (signature of the quote, contract or purchase order).

② Payments are deemed to be made at Cracker's Tech headquarters in Luxembourg or remotely via electronic payment systems.

Payment terms and methods, as well as any down payments, must be explicitly agreed in the contract. In the absence of such agreement, payments are made net, without discount, within 30 days of the invoice date.

More advantageous payment conditions may be applied. These discounts or additional terms are indicated on the quotation and/or invoice in the “Notes / Payment methods” section.

For licenses, rentals and concessions (domains, hosting, servers, etc.) payment is made on the order date, which corresponds to the date of acquisition or rental by the customer.

③ Penalties for late payment.

Non-compliance with any payment deadline will, at Cracker's Tech's discretion, automatically result in formal notice. In the event of late payment, Cracker's Tech may suspend all current services.

by the acceleration of the term of payment, and consequently the immediate payment of any sums still due for any reason whatsoever, and the suspension of all services,
or the cancellation of all current contracts, with retention of any advance payments received and any files held by the agency, until such time as compensation has been determined.

Any sum not paid by the due date shown on the invoice shall automatically incur late payment penalties. The rate applied corresponds to the interest rate applied by the European Central Bank to its most recent main refinancing operations, increased by at least 10 percentage points. The rate applied by Cracker's Tech from 01/10/2022 and until the update of the GCS is set at 10% per year, the calculation of late payment interest is calculated as follows: [Invoice incl. VAT x 10% x (Nb days of delay / 365 days)]. VAT is not applicable to penalties.

Flat-rate penalty of €20 for late payment, due for each invoice overdue. VAT is not applicable to penalties.

According to article L. 441-6 of the Luxembourg Commercial Code, penalties are “payable” without the need for a reminder (and therefore without the need for an invoice).

Invoices include a reminder of the General Terms and Conditions: “In accordance with article L. 441-6 of the Luxembourg Commercial Code, an indemnity of €20/invoice is due in the absence of payment the day after the payment date shown on the invoice, as well as late payment penalties at a rate of 10% per annum. VAT is not applicable to penalties.”

Article 8: Termination

Our active services are listed in your secure Cracker's Tech customer area, and the conditions, duration and other particulars are specified in the minimum annual invoice for the service. Our services are automatically renewed, so as not to prejudice the customer by a lack of visibility. A report may be requested by the customer at any time (within reason) by simple e-mail request addressed to Cracker's Tech management via its contact form. Cancellation of the contract must be made by e-mail with acknowledgement of receipt, 40 days before the anniversary date of the contract (as a reminder, the duration of our contracts is 12 working months unless otherwise indicated in the invoicing of the service). Otherwise, the contract will be renewed for a further 12 months.

Furthermore, in the event of a sale or cessation of business, the customer undertakes to inform the transferee of the contracts in progress with Cracker's Tech. Once the buyer has been informed, Cracker's Tech reserves the right to decide whether or not to continue the current contracts and to inform the buyer of this decision, without any “breach of contract” being attributed to Cracker's Tech.

Other contract termination

In the event of a breach by either party of its obligations, and after a period of 15 days from the date of presentation of the formal notice by e-mail or post notifying the said breaches, and in the event of failure to remedy the same, the other party may terminate the present active service (contract) free of charge and by operation of law, without any prior formality and/or legal process, by means of confirmed information sent by e-mail or dated post.

Exceptional cases

In certain specific cases (e.g. financial difficulties encountered by the customer) Cracker's Tech reserves the right to terminate active services for a cancellation fee of €199 excluding VAT.

Force majeure events

In accordance with article 1218 of the Civil Code, cases of force majeure will suspend the performance of the contract. In the event of force majeure lasting more than three months, the contract will be automatically terminated. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of Luxembourg courts and tribunals:

- Total or partial strikes, internal or external to the company, lock-outs, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, telecommunications blockages, including PTT networks, war or state of siege, and any independent, irresistible and unforeseeable event preventing the normal performance of the contract.

Article 9: Reference to the customer

The Customer authorizes Cracker's Tech to mention the Customer's name or company name, and possibly to illustrate it with the Customer's logo in its commercial documents, as references for the purposes of the commercial promotion of Cracker's Tech. It is also in the Customer's interest to do so by means of a backlink and/or commercial partnership.

Article 10: Confidentiality

Each of the parties to the present contract undertakes, on its own behalf and on behalf of its employees, to treat as confidential, for the duration of the present contract and after its expiry, all documents, systems, software and know-how originating from the other party of which it may have become aware during the performance of the present contract, and not to use them outside the requirements of the present agreement.

This obligation of confidentiality does not apply to information that is in the public domain or whose disclosure has been authorized in writing by the party concerned.

The contract may be terminated ipso jure, without judicial or extrajudicial formalities, if either party fails to comply with the obligations stipulated herein or in the Special Terms and Conditions or the Order, and does not remedy such failure within one month of receipt of formal notice by registered letter with acknowledgement of receipt or extrajudicial document, without compensation and without prejudice to any sums remaining due and any damages.

Article 11: Bilateral responsibilities

The customer undertakes to maintain a valid postal correspondence address at all times, as well as a functional electronic contact address (email) that is regularly updated.

Cracker's Tech will conduct all important communications through this email address.

Cracker's Tech is committed to service availability (excluding normal machine maintenance and exceptional conditions such as earthquakes, floods, fires, etc.).

Cracker's Tech is committed to providing the best possible service to the customer, but cannot be held responsible for technical problems related to the failure of its suppliers to meet their commitments, such as outages, line overloads or hardware failures.

In the event of an identified malfunction in Cracker's Tech's service, Cracker's Tech will work closely and responsively with the Customer to resolve the problem.

The Customer assumes full responsibility for the use of the e-mail addresses provided by Cracker's Tech under this Agreement.

Cracker's Tech cannot be held responsible for the non-attribution of the domain name chosen by the customer if the latter has asked Cracker's Tech to take care of it and this could not be done.

Cracker's Tech reserves the right to refuse and/or terminate the hosting of pages deemed contrary to the morality or the line of conduct sought by the latter, without justification. Furthermore, should the hosted pages contain indications, statements or any other element contrary to current or future Luxembourg law, the Customer shall be solely and exclusively liable before the courts. By signing this agreement, the Customer agrees to reimburse Cracker's Tech for any and all out-of-pocket or other expenses, without exclusions, should Cracker's Tech be found to be complicit in the illegal acts of the Customer as a result of the pages hosted by Cracker's Tech. The Customer agrees to use its web space in accordance with the laws and regulations in force in Luxembourg. In particular, it is forbidden to publish any form or content directly or indirectly associated with :

to pornography
to eroticism in all its forms
to paedophilia
to pirated programs
of a racist nature
MP3 formats and derivatives subject to copyright
online gambling (electronic casinos, etc.)
peer-to-peer software (Kazaa, eDonkey, etc.)
mass-mailer software (Sarbacane...)
illegal activities

Cracker's Tech reserves the right, at any time and without prior notice, to block access to any web page it deems to be in violation of Luxembourg and international law, and which therefore contains illegal information.

Cracker's Tech may be contacted directly by owners of intellectual property rights in the event that such rights have been infringed by online services provided through Cracker's Tech , so that the offending material may be removed or access to it blocked. Cracker's Tech will investigate such claims.

Cracker's Tech's provision of links does not constitute an endorsement or recommendation of those sites.

In no event will Cracker's Tech be liable for any damages in excess of the total amount paid by the customer.

Article 12: Prohibited uses

It is against Cracker's Tech policy for the hosting user to directly or indirectly perform or participate in any of the following activities through the hosting provided by Cracker's Tech:

Sending mass e-mails to unsolicited recipients ("Junk mail", "Spam"). Sending unsolicited e-mail is strictly forbidden. A proven complaint of spamming on the part of a recipient will result in termination of the hosting contract. A proven complaint is constituted when the sender of the message cannot provide proof of voluntary registration by the complainant. This also includes spam generated by poorly configured scripts on the customer's website, enabling access to messaging functions from the outside.
Engage in any other activity that violates the law and threatens the integrity of a computer system or violates generally accepted rules of conduct on the Internet.
Enter or attempt to enter a computer system in an unauthorized manner.
Post defamatory statements or imply anything.
Use your web space as a proxy or attempt to access another website by any available means.
Use of shared resources for the purpose of placing a network game or online game may exceed the normal average load dedicated to shared hosting. Any account violating this rule will be permanently closed and no refund will be given.

Article 13: Disputes

In the event of any difficulty or dispute between the parties concerning the interpretation, performance or termination of this agreement, the parties agree to seek an amicable solution in the spirit of this contract. The present contract is subject to Luxembourg law and any dispute or difference which may arise between the parties in connection with the interpretation, performance or termination of the present contract will be subject to the jurisdiction of the competent courts of the Grand Duchy of Luxembourg.

This document was updated on December 19, 2023.

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