Leasing / renting conditions

ITAKECARE SRL Quai Paul Verlaine 2, bte 2 6000 Charleroi Belgium VAT BE 0795.642.894 The present general conditions apply to any renting contract 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 Equipment he/she wishes to have from among the offers of computer equipment proposed for rental by ITAKECARE. Following the selection of the Hardware, the Provider sends a rental offer for the Hardware with an indication of the cost of the monthly payment excluding VAT and the rental conditions. Upon validation of the offer, the Supplier will submit to a Leaser / Financial Partner a request for renting / leasing / financing on behalf of the Client. In this respect, in order for the request to be successful, the Renter agrees to provide any additional information and/or documents that the Supplier may request in order to process the request. Failing this, the Hirer acknowledges that his request will not be processed. The Leaser will examine the Customer's request according to its own criteria and according to the exact and sincere information provided by the Customer. 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 case of refusal or failure to conclude the Renting/Leasing/Financing Contract, the order is deemed not accepted by the Lessee.

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

After the conclusion of the renting contract, the Supplier undertakes to deliver the Equipment as soon as possible depending on available stocks. The Equipment will be sent to the Customer's registered office or to any other address specified by the Customer, provided that 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 shall be borne by the Customer and included in the monthly rental price. The Customer shall be responsible for any additional costs and shall be liable for any delivery to an incorrect or incomplete address provided by the Customer. The initial term of the rental, which cannot be terminated, 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 when a monthly rental has been agreed. In the event of early delivery of the LO, 1/30th of the monthly rent shall be due for each day of the interim period. The Tenant shall inspect the OL and, if necessary, report any defects. The hirer shall confirm the receipt of the LO by signing the delivery confirmation without delay as soon as he is satisfied that the delivery of the ordered LO is complete and in accordance with the rental agreement. Upon delivery of the Equipment, the Supplier shall transfer the risk to the Customer. The installation and configuration of the Equipment shall not be provided by the Supplier and shall be the sole responsibility and expense 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 renewed by right 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 expiration of the initial term of the contract or, if 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 and functional condition. All data specific to the lessee shall be completely deleted. The LO shall be returned at the expense and risk of the Lessee 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 all necessary measures to return the LO at the expense of the lessee. If the LO is not returned at the end of the Agreement, the Lessee shall owe the Lessor a monthly fee equal to the last invoiced rent until the date of return. Without prejudice to the foregoing, the Landlord may terminate the Agreement in advance and to the detriment of the Tenant, without judicial authorization, in the event of any breach of contract by the Tenant, such as, in particular, in the event of non-payment of at least one quarterly rent or, in the case of monthly rent, of at least In the event of early termination of the lease, the tenant shall be entitled to a refund of the rent paid by the lessee, provided that the lessee has not failed to pay the rent within the required period of time after receipt of a letter of default sent by registered mail. In the event of early termination of the contract by the lessor to the detriment of the lessee, the lessee shall be obliged to compensate the lessor for the loss suffered by 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 damage of the Lessor includes (i) all invoiced and unpaid rents, as well as (ii) the termination indemnity equivalent to the balance of the rents due (excluding VAT). The parties acknowledge that the Lessor's loss includes (i) all invoiced and unpaid rents, and (ii) the termination fee equivalent to the balance of the rents due (exclusive of VAT) until the expiration of the initial term of the agreement, 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, and (iii) the lessor's foreseeable profit margin, which the lessor must recover, taking into account 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 its term without the prior written consent of the lessor; if so, the heir(s) shall return the LO and compensate the lessor for the loss suffered by the lessor, 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 damage of the LO. As the owner of the OL, the Lessor has taken out a master damage insurance policy, which is an integral part of the contract. The lessee shall be responsible for the costs of covering the OL under this policy, unless the lessee, at his own choice or at the express request of the lessor, takes out damage insurance with an insurer of his choice within 15 days of delivery of the Equipment. Until the Lessee provides the Lessor with proof of its own insurance coverage, the Lessor shall include the LO in its master agreement, unless the Lessee has been requested 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 liable. Upon request of the Lessor, the Lessee shall, in the event of a claim, be obligated to assert such rights, at the Lessee's expense and in the name of the Lessor, and shall require payment to the Lessor. The Lessee shall bear any deductible provided for in the insurance contract. If the repair costs agreed upon in writing by the lessor exceed half of the current market value of the LO, the lessee may, upon receipt of the corresponding letter from the lessor, terminate the rental agreement in writing with immediate effect. In this case, the Lessee shall release the Lessor from any liability and shall compensate the Lessor in accordance with this Agreement. The compensation shall be used to repair or replace the LO or to repair the damage.

6. USE, COSTS AND REPAIRS

The lessee shall use the OL with the utmost care in accordance with (i) the intended use, (ii) the recommendations of the supplier and manufacturer, (iii) and any regulatory requirements for the use of the OL. The Lessee shall bear all costs associated with the use, maintenance or possession of the OL and any other charges or taxes related thereto. The lessee shall, at his own expense, maintain the OL in its original The Lessee shall maintain the OL in its original and working condition at its own expense (including the acquisition of any recommended updates) until the OL is returned to the Lessor. The lessee shall also inform and indemnify the lessor against all claims of any kind by any third party in connection with the installation, operation or ownership of the OL. The Lessee shall not move the OL without the prior written consent of the Lessor. The OL may not be handed over to to the supplier or to any other third party, except for the purpose of carrying out repairs to the OL and only for the time required to do so. The Equipment is intended for the exclusive use of the Customer, its employees, servants or directors. The Equipment may not be used by any person who does not have a contractual relationship of indefinite duration with the Customer. The Tenant therefore undertakes (i) not to dispose of the Equipment to a third party, (ii) not to lend or sublet the Equipment, (iii) not to pledge it as security for any obligation whatsoever and (iv) not to modify or transform it.

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

The Lessor shall not bear any liability for defects in the LO. The Lessor shall assign to the Lessee, upon conclusion of the renting contract, all rights and obligations arising from the sales contract with respect to the repair of defects in the LO, as well as rights relating to guarantees. In the event of the existence of any defects or the occurrence of any warranty claims, the Lessee shall immediately exercise these rights exclusively against the Supplier. The Lessor shall, however, be informed thereof. These general terms and conditions and, if necessary, the general terms and conditions of the lessor, shall apply to the contract of sale of the OL and shall govern the aforementioned warranty claims of the purchaser of the OL as assigned to the lessee. The Supplier shall be obliged to remedy any non-conforming or late deliveries and any warranty claims in good time and at his own expense. If the Supplier fails to do so, in the event of a price reduction or termination of the contract of sale, the Lessee shall will demand payment in the hands of the lessor. The same principles shall apply with respect to any guarantor. The rights arising from any default by the LO will expire at the end of one year; such 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 shall not assign or pledge its rights and obligations under this Agreement without the prior written consent of the lessor. In such event, the lessee shall remain liable to the lessor for the payment of any amounts due to the lessor. Lessee agrees to the assignment of Lessor's contractual obligations to any refinancing agency, provided that such assignment does not result in any economic or legal disadvantage to Lessee. In order to protect the refinancing company in case of insolvency of the lessor, the following measures have been agreed upon as a precaution: if the refinancing company is authorized to use the LO through a renting contract, the lessee will be obliged to conclude a new renting contract or to continue this contract with the refinancing company or with a third party designated by the refinancing company. The lessee shall not be put at a greater legal or economic disadvantage than he would have been without insolvency proceedings.

10. INVOICES, MEANS OF PAYMENT, REJECTIONS

Rental payments will be invoiced quarterly. At the request of the Lessee, monthly rental billing may be agreed upon in writing with the Lessor. The Lessee agrees that invoicing will be done through the Leaser customer portal, where invoices can be downloaded; individual invoices will be provided upon 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 case of monthly rental invoices or in case of rejection of payment, additional administrative costs will be due and integrated in the amount of the payment or the 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 Landlord are obliged, as the party responsible for the processing and collection of the data, to inform the Tenant about the processing and collection of the of the data. The Landlord and the Supplier shall fulfill this obligation by providing Data Protection Information. This Data Protection Information is available in its current version at the link: https://www.itakecare.be/protection-des-donnees. In addition, this Data Protection Information can be requested by e-mail, telephone or post. It is also possible to contact the Data Protection Officer by e-mail at hello@itakecare.be or at the address of the registered 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.