Cloud service rental and subscription conditions

CLOUD SERVICE RENTAL AND SUBSCRIPTION CONDITIONS

 Article 1: Purpose

DOMINTELL S.A. ensures the maintenance and continuity of the Domintell Cloud service to ensure the operation of the Dcare solution from the date of subscription to the service (following a purchase or included in the rental).

The formalities of signing this contract are :

• Cloud service subscription for 1, 6, 12 or 24 months, or as part of a kit rental contract (from the end of the trial period);
• Acceptance of renewal by tacit renewal of the subscription for a period equal to the current period(unless the Customer gives notice no later than 30 days before the expiry date of the current period of 1, 6, 12 or 24 months or of the next monthly rental payment);
• When renting a Dcare kit or other products in the range, subscription to the Cloud service is included in the monthly invoiced amount, and rental therefore constitutes acceptance of renewal by automatic renewal. 

 Article 2: Validity and duration

The present contract is drawn up for a period of 1, 6, 12 or 24 months (or indefinitely in the case of rental), renewable by tacit agreement. It takes effect at the end of the Dcare system trial period. It will be extended by tacit renewal for a period equivalent to the current commitment period (indefinite in the case of kit rental), unless terminated by the customer by e-mail to info@dcare.be or by registered mail to the address below, no later than 30 days before the expiry date of the current period (date of next monthly instalment in the case of rental).

At the customer's request, the subscription period can be changed to a different duration at any time, resulting in a change in the rate invoiced at the start of the next period. This request can be made via the website dcare.be ("My Account" section), by e-mail to info@dcare.be or by post to : Domintell SA - Rue de la Maîtrise, 9, 1400 Nivelles, Belgium.

In the case of a Dcare Kit rental, the subscription period is one month and is renewed by tacit agreement each month. There is no minimum commitment period or fixed end date, and the trial period system is the same as for a purchase.

Article 3: Prices

The amount paid in cash after the trial period is determined by the duration of the subscription:

• Monthly: €18.99(incl. VAT).
• Semi-annual: €89.99(incl. VAT)
• Annual: €159.99 (incl. VAT).
• Twice-yearly: €269.99 (incl. VAT).

This amount includes Dcare's cloud service maintenance fees and technical support.

 Article 4: Conditions for early termination of subscription

Trial period

From the date of purchase or rental of a Dcare kit, and therefore subscription to the Cloud Dcare service, the customer is granted a 30-day trial period before paying the Cloud Dcare service subscription fee (or the first monthly instalment in the case of a rental). During this trial period, the customer may decide not to proceed with the subscription. In this case, the customer will not be billed for the Cloud Dcare subscription.

End of lease notice

The rental contract may be terminated at the customer's request with 30 days' notice before the next monthly payment. In the event of the death of a loved one during a rental period, the exceptional early termination conditions of the Death Benefit Guarantee may apply.

Death of the holder: "Death guarantee" and exceptional termination condition

The Dcare solution is a technology intended for end use by a wearer of the Dcare bracelet (hereinafter called the wearer). This wearer is defined by the customer at the time of purchase by providing his or her surname, first names and date of birth.

In the event of the holder's death during the commitment period, the subscription may be terminated prematurely (at the end of the month of invoicing in progress at the time of death). The Client must then provide a death certificate to Domintell SA by e-mail to support@dcare.be or by post to :

Domintell SA - Rue de la Maîtrise, 9 in 1400 Nivelles, Belgium

 

ANNEX: GENERAL CONDITIONS

 Article 1

Domintell SA undertakes to provide the following services:

• Ongoing maintenance of the Dcare Cloud service and updates to the service when necessary.

As the hosting and maintenance of the Cloud Dcare service is the responsibility of a third party supplier (AWS), Domintell S.A. is not responsible for any events or factors depending on this third party that may have a negative impact on the service and its maintenance. Domintell S.A. nevertheless undertakes to keep the Customer informed of any breakdowns and maintenance causing disruptions to the service via smartphone notification or e-mail or SMS.

• Technical support for questions and faults on the Dcare system installed at the customer's premises.

The call must be justified by a real and proven breakdown or a major technical problem.

 Article 2

All Dcare equipment must be installed in accordance with the manufacturer's recommendations and the rules and standards for construction and electrical installation in force at the time of installation.

The execution of the contract takes effect after financial payment of the monthly/semi-annual/
invoice issued by Dcare.

No warranty is given if the system is used for purposes other than in a Dcare system.

No guarantee will be given if a product is transformed, is maintained contrary to the prescribed rules (e.g. power supply other than that supplied by Dcare, open case, oxidation, etc.), suffers damage caused by external natural factors (e.g. lightning, frost, water infiltration, humidity, etc.) or damage caused by external accidental factors (e.g. fall, fire, overload, erroneous command, etc.).

The warranty does not apply to any damage resulting from use contrary to Dcare's recommendations or any other cause unrelated to the Dcare software or hardware.

 Article 3

At the customer's request, the subscription period can be extended at any time, resulting in a change in the invoiced rate. This request can be made by e-mail to info@dcare.be, by telephone on +32 (0) 67 88 82 50 or by post to :

Domintell SA
Rue de la Maîtrise, 9
1400 Nivelles, Belgium

 Article 4

In the particular case where a product installed by the Customer and discontinued by Dcare breaks down and cannot be repaired, the Customer will have the option of replacing the downgraded product with a new generation product that replaces it with a 40% discount on the public price.