These general terms and conditions apply to all legal relationships between the MAJOR TOM company S.A. (referred to hereinafter as "MAJOR TOM") and its members.
A member is any person who has submitted an application via the website or via any other means, and whose profile is published online at the following website:
These general terms and conditions include both general agreements and special agreements relating to individual products and services connected with these legal relationships and agreements:
These general and special terms and conditions shall be referred to hereinafter as the "T&Cs".
MAJOR TOM reserves the right to amend the T&Cs. Members shall be notified of any such amendments by email and shall be deemed to have accepted such amendments unless they notify MAJOR TOM of their objection to such amendments, in writing, within 30 days of the publication of the amended T&Cs on the website. Where a member objects to an amendment to the general terms and conditions, the entire contractual relationship between MAJOR TOM and the respective member shall be terminated. Where a member objects to an amendment to the special terms and conditions, the part of the agreement or agreements affected shall be terminated. In both cases, such termination shall take effect on 30 June 2015, unless stated otherwise in the article entitled "Termination and dissolution" below.
The services proposed by MAJOR TOM shall be accessible to members only, whether an individual or corporate entity. In order to become a member, said individual or corporate entity must meet all of the conditions set out as follows:
MAJOR TOM must be notified of any amendments to the data supplied in the membership form at the earliest possible opportunity. MAJOR TOM reserves the right to terminate membership in the event of a false or inaccurate declaration, or where the member fails to update the information initially supplied.
All personal data submitted via the membership form shall be retained for internal use. Members hereby agree that MAJOR TOM may use the above-mentioned personal data to keep them informed of MAJOR TOM's activities. Pursuant to the Belgian Data Protection Act of 8 December 1992, members have the right to consult and amend their personal data.
MAJOR TOM undertakes to provide a service on a best efforts basis. MAJOR TOM shall execute the agreement and all subsequent amendments thereto, as agreed in writing, in a professional manner and in accordance with current commercial practices. MAJOR TOM shall provide no other guarantees, whether explicit or implicit, and whether statutory or otherwise.
MAJOR TOM is an independent business. MAJOR TOM shall not have the right, authority or permission to enter into implicit or explicit obligations on behalf of its members. Furthermore, MAJOR TOM shall not be entitled to represent its members as an agent, unless specifically agreed in writing between the two parties.
The member undertakes to comply with all professional standards and rules relating to the expertise, product or service that it offers via MAJOR TOM. With the exception of contacts managed directly by MAJOR TOM, the member shall be exclusively liable for the proper performance of all orders received directly from the customer or via MAJOR TOM.
Membership may be revoked in the event that the member fails to meet its obligations in relation to the assigned projects.
The member may refer to and disclose the MAJOR TOM name, provided that it complies with the image and communication rules issued by MAJOR TOM.
MAJOR TOM connects customer requests with the products and services proposed by its members through the online platform at: www.major-tom-company.eu.
Members may sign up for the platform free of charge.
MAJOR TOM's role is to facilitate the customer/solution and customer/supplier relationship.
Where necessary, MAJOR TOM may manage projects on behalf of the customer or the member, or both.
The member undertakes to notify MAJOR TOM if it is contacted directly by a customer. The obligation to communicate information is essential in order to comply with the project management rules, in the interest of all parties.
These T&Cs shall be entered into on a personal basis. As such, the member may not subcontract any task it has been assigned, whether in whole or in part, without the prior consent of MAJOR TOM.
MAJOR TOM shall retain exclusive copyright to all programs, designs and content developed by the member on behalf of MAJOR TOM. However, all product designs or publications intended for dissemination shall be subject to specific copyright assignment agreements.
The member shall be bound by a duty of professional confidentiality with regard to all information to which it may have access in connection with these T&Cs.
MAJOR TOM and the member shall agree, by common consent, whether such relationship shall be permitted throughout the duration of the task concerned, and for an agreed period following the end of such task. In the event that the member breaches this clause, MAJOR TOM shall be entitled to compensation equal to the total amount received by the member or by third parties acting on its instruction.
The member shall have sole discretion over the management of its business activities. The member shall be free to organise its activities as it sees fit, and shall bear exclusive liability for compliance with applicable employment, tax and commercial laws and professional rules and regulations. Under no circumstances shall these T&Cs create a relationship of authority between the parties.
The general structure, text, images and developments comprising the MAJOR TOM online platform are the exclusive property of “the MAJOR TOM company S.A.”.
Each party shall take all necessary precautions to ensure that data obtained or received in connection with the contractual relationship governed by these T&Cs remains confidential.
Similarly, MAJOR TOM shall be entitled to withdraw membership with immediate effect if:
Any dispute arising in connection with this agreement shall fall under the exclusive jurisdiction of the Commercial Court of Brussels, irrespective of the place of performance of the services or the registered addresses of the parties concerned. The parties shall nevertheless seek to remedy any such dispute through negotiation and mediation. Both parties hereby accept that, where any clause of this agreement is declared null and void by a court, all other clauses herein shall remain in effect.
[ Last update: Jul 06, 2015 ]