Leasing / renting conditions

ITAKECARE SRL
Avenue Général Michel 1E
6000 Charleroi
Belgium

VAT BE 0795.642.894

These general terms and conditions apply to all renting contracts concluded between the Renter and the reseller/supplier ITAKECARE.

1. ORDERING OF THE MATERIAL FROM THE SUPPLIER AND VALIDATION OF THE RENTING REQUEST.

Via the supplier's website, by e-mail or by any other means, the Tenant selects and transmits the list of Hardware he/she would like to have from among the computer hardware offers proposed for rental by ITAKECARE.

Following selection of the Equipment, the supplier sends a rental offer for the Equipment indicating the cost of the monthly payment excluding VAT and the rental conditions.

As soon as the offer has been validated, the Supplier will submit to a Leaser / Financial Partner a request for renting / leasing / financing on behalf of the Customer.

In this respect, in order for the request to be successful, the Tenant undertakes to provide any additional information and/or documents that the supplier may request in order to process the request. Should the Tenant fail to do so, he acknowledges that his request will not be processed.

The Leaser alone will examine the Customer's request, which it will assess according to its own criteria and on the basis of accurate and truthful information provided by the Renter.

After examination of the customer's financial situation and validation by the Leaser, the Lessee confirms or not his acceptance of the offer issued and financed by the Supplier and the Leaser.

In the event of refusal or failure to conclude the Renting/Leasing/Financing Contract, the order shall be deemed not to have been accepted by the Lessee.

2. BEGINNING OF RENTING, OBLIGATION TO REPORT DEFECTS, ACCEPTANCE OF THE RENTED EQUIPMENT

Once the rental contract has been concluded, the Supplier undertakes to deliver the Equipment as soon as possible depending on available stocks.

The Supplies will be dispatched to the Customer's registered office or to any other address specified by the Customer, provided it is located within the European Union. However, the Supplier reserves the right to refuse delivery to any address other than the Customer's registered office.

The cost of delivery of the Equipment is borne by the Customer and included in the monthly Rental price.

The Tenant will be responsible for all additional costs and will be held liable in the event of delivery to an incorrect or incomplete address provided by the Tenant.

The initial, non-cancellable rental period begins on the first day of the calendar quarter following delivery of the rented Equipment (hereinafter "the LO"), or on the first day of the month if a monthly rental has been agreed. In the event of early delivery of the LO, 1/30th of the monthly rent will be due for each day of the interim period.

The lessee must inspect the LO and, if necessary, report any defects. The lessee is obliged to confirm receipt of the LO by signing the confirmation of delivery without delay as soon as he/she is satisfied that the delivery of the LO ordered is complete and in accordance with the rental contract.

Upon delivery of the Material, the Supplier transfers the risk to the Customer.

The installation and configuration of the Hardware is not provided by the Supplier and is the sole responsibility and charge of the Customer, unless expressly agreed otherwise between the Parties.

3. RENEWAL, END OF RENTING, RETURN OF THE RENTED PROPERTY, CLAIM DECLARATION

The renting contract (hereinafter referred to as "the contract") will be automatically renewed for consecutive periods of six months if it is not terminated in writing by registered letter by one of the parties at least three months before the expiry of the initial term of the contract or, where applicable, of the current renewal period.

In all cases where the contract is terminated for any reason whatsoever, the lessee shall return the LO to the lessor in its original, functional condition.

All data specific to the lessee must be completely deleted. The LO will be returned at the lessee's expense and risk to the lessor's registered office mentioned below or to the depository specified by the lessor. If the LO is not returned in due time, the lessor may take any measures necessary to return the LO at the lessee's expense.

If the Tenant fails to return the Rental Goods at the end of the Contract, the Tenant shall owe the Landlord a monthly indemnity equal to the last invoiced rent until the date of return.

Without prejudice to the foregoing, the lessor may, without judicial authorization, terminate the contract early and to the detriment of the lessee, in the event of any breach of contract by the lessee, such as, in particular, non-payment of at least one quarterly rent or, in the case of monthly rent, of at least
three months' rent, which has not, if necessary, been remedied by the lessee within the required period from receipt of a letter of formal notice sent by registered mail. In the event of early termination of the contract by the lessor to the detriment of the lessee, the lessee will be obliged to compensate the lessor within 14 days of receipt of the letter of termination sent by registered mail, mentioning the loss claimed by the lessor.

The parties acknowledge that the lessor's loss includes (i) all invoiced and unpaid rents, as well as (ii) the termination indemnity equivalent to the balance of
rents due (excluding VAT) until the end of the initial term of the contract, without prejudice, if any, to any other loss suffered by the lessor.

The lessee acknowledges that this indemnity corresponds to the lessor's foreseeable loss, particularly in view of (i) the rapid changes in the configuration of the LO and its price, which make it difficult to reclassify the LO at its book value, (ii) the cost of reclassifying the LO, (iii) the lessor's foreseeable profit margin, which it must recover, given the risks associated with its business.

In the event of the lessee's death, the lessee's heir(s) may not terminate the renting contract before the end of its term without the prior written consent of the lessor; where applicable, the heir(s) must return the LO and compensate the lessor for any loss suffered, as stipulated in the second paragraph of article 2.

4. RISK OF ACCIDENTAL LOSS, DESTRUCTION OR DAMAGE AND DOCUMENTATION

The hirer shall bear the risk of loss, destruction or accidental deterioration of the LO.

As owner of the LO, the lessor has taken out a master damage insurance policy, which forms an integral part of the contract. The lessee shall bear
the costs of covering the LO due under this policy, unless the lessee, at its own choice or at the express request of the lessor, takes out damage insurance at its own expense with an insurer of its choice within 15 days of delivery of the Equipment. As long as the Lessee has not provided the Lessor with proof of its own insurance cover, the Lessor will include the LO in its framework contract, unless the Lessee has been asked to take out its own damage insurance.

5. INSURANCE AND RELATED INDEMNITIES

The lessee hereby assigns to the lessor all rights arising from the insurance coverage with respect to any third party who may be held liable.

At the request of the lessor, the lessee will, in the event of a claim, be required to assert these rights, at its own expense and on behalf of the lessor, and will demand payment to the lessor's benefit. The lessee shall assume any deductible provided for in the insurance contract. If the repair costs agreed in writing by the lessor exceed half the current market value of the LO, the lessee may terminate the rental agreement in writing with immediate effect upon receipt of the corresponding letter from the lessor. In this case, the lessee shall indemnify and hold the lessor harmless in accordance with the present terms and conditions. Compensation payments will be used to repair or replace the LO or to repair the damage.

6. USE, COSTS AND REPAIRS

The lessee shall use the LO with the utmost care in accordance with (i) its intended use, (ii) the supplier's and manufacturer's recommendations, (iii) and any regulatory provisions relating to the use of the LO. The lessee shall bear all costs associated with the use, maintenance or possession of the OL, as well as any other charges or taxes relating thereto. The lessee shall, at his own expense, keep the LO in its original
condition and in good working order (and shall, if necessary, acquire any recommended updates) until the LO is returned to the lessor.

In addition, the lessee shall inform and indemnify the lessor against all claims of any kind made by any third party in connection with the installation, operation or ownership of the OL. The lessee shall not move the LO without the prior written consent of the lessor. The LO may not be handed over
to the supplier, nor to any other third party, except for the purpose of carrying out repair work on the LO and only for the time required to do so.

The Equipment is intended for the exclusive use of the Customer, its employees, agents or administrators. It may not be entrusted to any person who does not have an open-ended contractual relationship with the Hirer.

The Tenant therefore undertakes (i) not to dispose of the Rental Goods to a third party, (ii) not to lend or sublet the Rental Goods, (iii) not to pledge the Rental Goods as security for any obligation whatsoever and (iv) not to modify or transform the Rental Goods.

7. RESPONSIBILITIES, RIGHTS AND OBLIGATIONS OF THE LESSOR IN CASE OF DEFAULT, WARRANTIES

The Lessor shall bear no liability whatsoever for defects in the LO. Upon conclusion of the rental contract, the Lessor assigns to the Lessee all rights and obligations arising from the contract of sale relating to the repair of defects in the LO, as well as rights relating to warranties. In the event of the existence of any defect or the occurrence of any warranty claim, the lessee shall immediately exercise these rights exclusively against the supplier. The Lessor must, however, be informed. These general terms and conditions and, if necessary, the lessor's general terms and conditions, apply to the LO sales contract and govern the aforementioned warranty rights of the LO purchaser as assigned to the lessee. The supplier is obliged to remedy any non-conforming or late deliveries, as well as any warranty claims, in good time and at his own expense. Failing this, in the event of a price reduction or cancellation of the sales contract, the lessee
will demand payment from the lessor. The same principles will apply to any guarantor. Rights arising from any defect in the LO
will expire at the end of a one-year period; these warranty rights are excluded for any used LO.

8. RESPONSIBILITIES OF THE LESSOR

The lessor shall only be liable in the event of fraud or gross negligence by one of its legal representatives or executive officers in respect of any essential contractual provision of the contract and insofar as the damage resulting therefrom was foreseeable at the time the contract was concluded. In any case, such liability is limited to 25% of the net purchase price of the LO.

9. ASSIGNMENT OF RIGHTS AND OBLIGATIONS, REFINANCING

The lessee may not assign or pledge its rights and obligations under this agreement without the prior written consent of the lessor. In this case, the lessee shall remain liable to the lessor for payment of any sums due to the latter. The lessee accepts the transfer of the lessor's contractual obligations to any refinancing institution, provided that such transfer does not entail any economic or legal disadvantage for the lessee. In order to protect the refinancing company in the event of the lessor's insolvency, the following precautionary measures have been agreed: if the refinancing company is authorized to use
the LO through a renting contract, the lessee will be obliged to enter into a new renting contract or to continue this contract with the refinancing company or with a third party designated by the latter.

The tenant may not find himself in a more disadvantageous situation, both legally and economically, compared to the situation he would have been in without insolvency proceedings.

10. INVOICES, MEANS OF PAYMENT, REJECTIONS

Rent will be invoiced quarterly. At the lessee's request, monthly rental billing may be agreed in writing with the lessor. The lessee accepts that invoicing will be carried out via the Leaser customer portal, where invoices can be downloaded; individual invoices will be supplied on request (additional costs will be incurred if paper invoices are requested). The lessee authorizes the lessor to make all payments to the lessee by direct debit in accordance with the attached SEPA mandate.

In the event of monthly invoicing of rents or in the event of rejection of payment, additional administrative costs will be due and integrated into the amount of the payment or rejection of payment. Interest on arrears, calculated in accordance with the law of August 2, 2002 concerning the fight against late payment in commercial transactions, will be due on any rent owed by the lessee to the lessor.

11. AMENDMENT, CONTRACT(S) WITH SUPPLIER AND OTHER THIRD PARTIES

Any amendments or additions to this Agreement shall be agreed upon directly and in writing between the Lessor, the Lessee and, if necessary, the Supplier. Any contract entered into between the Lessee and the Supplier in connection with the OL, such as, but not limited to, any service or maintenance contract for the OL, shall not give rise to any obligation on the part of the Lessor, nor shall it affect the rights and obligations of the Lessee under this Agreement.

12. DATA PROTECTION

The Supplier and the Lessor are obliged, as the party responsible for the processing and collection of data, to inform the Lessee about the processing and collection of data
. The Supplier and the Lessor fulfill this obligation by providing Data Protection Information. This Data Protection Information is available in its current version at the following link: https://www.itakecare.be/protection-des-donnees.

In addition, this Data Protection Information can be requested by e-mail, telephone or post. The Data Protection Officer can also be contacted by e-mail at hello@itakecare.be or at the company's head office.

13. APPLICABLE LAW AND JURISDICTION

Belgian law shall apply to this contract. Any dispute arising from the conclusion, execution, validity, termination or interpretation of this contract shall be submitted to the exclusive jurisdiction of the French-speaking courts of Brussels.