General Terms & Conditions
Application of these Registration terms and conditions
1. What's in these terms?
These terms and conditions apply to all transactions, activities, services and supplies provided in the framework of the ASSET PERFORMANCE MAGAZINE, distributed by V.Z.W. Belgian Maintenance Association (BEMAS), with registered office at Bd. A. Reyers 80, 1030 Brussels (Belgium), enterprise number BE0438.509.878, hereafter referred to as “BEMAS”.
By subscribing to the newsletter and/or printed magazine of Asset Performance Magazine, each person, hereafter referred to as “Subscriber”, and any third party taking care of the subscription of the Subscriber, acknowledges that he or she has read and agrees to these terms and conditions.
2. Who we are and how to contact us?
Asset Performance Magazine is a magazine of BEMAS vzw-asbl. We are registered in Belgium under company number 0438.509.878 and with our registered office at BluePoint Brussels, BD. A. Reyerslaan 80, 1030 Brussels. Our Belgian VAT number is BE 0438.509.878.
To contact us, please email contact our Subscription team on firstname.lastname@example.org or call our customer service line on +32 2 706 85 41.
The subscription is only final after:
- completion of the online subscription form available at www.ap-magazine.eu
- acceptance of these registration terms and conditions and the privacy statement
- the payment of the total amount due.
All fees mentioned on the website and in publicity are exclusive 21% Belgian VAT. This VAT can be reclaimed via the Belgian Tax office.
4. Acceptance of your Subscription
BEMAS can accept or refuse subscriptions at his own discretion. If we are unable to accept your subscription for any reason, we will inform you of this and will not charge you. Reasons may include: (a) in the event of obvious inaccuracies in prices stated; or (b) if we are unable to obtain payment authorization from the issuer of your payment card.
5. Invoicing & Payment Policy
To start your subscription, please contact email@example.com. Please indicate the appropriate payment method when subscribing and contact firstname.lastname@example.org with any questions. Payment can be made online by credit card or by wire transfer. An invoice is only possible upon request. The total amount due will include 21% Belgian VAT. This VAT can be reclaimed via the Belgian Tax office.
Purchase orders are for the sole purpose of defining quantities, prices and describing the subscription(s) to ASSET PERFORMANCE MAGAZINE to be provided under these terms and conditions and to this extent only are incorporated as a part of these terms and conditions and all other terms in purchase orders are rejected. We thank you for a prompt payment of the invoice if payment has not been made by credit card at the time of the online subscription. In that case the invoice is payable to BEMAS within 14 days of issuance. At the expiration of this time limit, we will send a gentle reminder. In case of failure to pay within 8 days after this reminder a notice of remedy can be sent. The Subscriber expressly accepts that in case of failure to pay an invoice at the due date, he/she will be liable, even without prior notice of remedy, to pay a conventional / extra judicial indemnity fixed at 10% of the remaining due balance with a minimum of € 150, and of a conventional interest at a rate of 10 % per year. In any case, payment must be received in full prior to the start of the subscription, otherwise the magazines will not be sent.
In the case that an appointed agency or other third party does not discharge payment of the invoice, charges will revert back to the Subscriber and may, at the sole discretion of the BEMAS, include an administrative surcharge of up to 10% of the total rates.
6. Subscription Renewal & Cancellation Policy
Subscriptions are automatically renewed on a yearly basis. An invoice will be sent via the original subscription method.
Cancellation of a subscription is possible before the yearly renewal date on December 1st of the current subscription year. If cancellations are made after this date, an administrative fee of € 50 will be charged. The Subscriber can transfer his subscription to another person from the same company by written request (email, fax or letter). All cancellations by the Subscriber must be made in writing (email, fax or letter).
BEMAS has the discretionary right to modify the publication schedule and/or the content of the articles in ASSET PERFORMANCE MAGAZINE. These changes do not create any rights for the Subscriber to cancel his/her subscription.
If for any cause beyond the control of BEMAS - such as, but not limited to, an act of God, public enemy, authority of law, fire or other force - BEMAS is unable to comply with the terms of these terms and conditions and publish ASSET PERFORMANCE MAGAZINE, these terms and conditions shall be considered terminated and any payments made hereunder by the Subscriber shall be refunded to the Subscriber, less expenses incurred by BEMAS to the date of the termination allocable to the registered Subscribers after pro-ration thereof among all registered Subscribers of ASSET PERFORMANCE MAGAZINE.
7. Our rights to end your Subscription.
We may end your Subscription at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; (b) you breach any agreement we have with you.
8. Release and Consent
The Subscriber agrees that BEMAS may use his/her name, job title and contact information such as address and email address: (a) to be able to process the subscription for the ASSET PERFORMANCE MAGAZINE, to deliver the desired products and to be able to show you other services and initiatives that might interest you (commission and legitimate interest); (b) to invite the Subscriber to participate in optional satisfaction surveys and feedback; (c) to send the Subscriber any information required (execute assignment); (d) to send you a newsletter with industry news, offers or information that may interest you (permission of the person involved).
We may update these terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices.
Any new versions of these terms will state what has been changed from the previous version, and if you are a subscriber, we will notify you by email of any material change that affects you. You should regularly check this page to see if any changes have been made. Any changes will become effective from the date of your next payment following the change unless we notify you otherwise.
We adapt these Terms and Conditions to make sure the details of the subscription process and the Subscriber’s subscription to ASSET PERFORMANCE MAGAZINE and its newsletters are clear and transparent. So please revisit this page regularly. The latest update dates from October 21st 2022.
10. General terms
BEMAS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ASSET PERFORMANCE MAGAZINE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. These terms and conditions constitute the complete understanding of the parties regarding the subject matter hereof. No amendment, modification or waiver of any provision of these terms and conditions shall be effective unless inwriting and signed by both parties. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining portions shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these terms and conditions. BEMAS WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THESE TERMS AND CONDITIONS. IN NO EVENT WILL BEMAS ’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND ASSET PERFORMANCE WHETHER IN ACTIONS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEMAS HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF, EXCEED FIVE HUNDRED EURO (€ 500). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE AN ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. The laws of Belgium will govern these terms and conditions. In event of a dispute arising out of or related to these terms and conditions, each party will give the other prompt notice of the dispute, and both will meet promptly for good faith discussions to try to resolve the matter. If that fails, parties hereby agree to apply the CEPANI Mediation Rules to the dispute. The place of the mediation shall be Brussels (Belgium). The proceedings shall be conducted in the English language. Should the mediation fail, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with the said Rules. The place of the arbitration shall be Brussels (Belgium), the arbitration shall be conducted in the English language. The arbitrator must enforce the terms of these terms and conditions and will have no authority to award any damages in conflict with or in excess of the limitations and exclusions set forth in these terms and conditions. All notices must be in writing and shall be effective three (3) days after the date sent to the other party’s address given herein.
These Terms and Conditions may change. We adapt these Terms and Conditions to make sure the details of the subscription process and the Subscriber’s subscription to ASSET PERFORMANCE MAGAZINE and its newsletters are clear and transparent. So please revisit this page regularly. The latest update dates from September 15th 2022.
7. Questions or Complaints
If you still have questions or if you have complaints about our invoicing procedure or these Terms and Conditions, please contact email@example.com and we will find an answer and/or solution.