Terms and Conditions

These Terms and Conditions constitute a binding contract between the “Customer” and the Belgian Institute for Space Aeronomy (the “Institute”) and are referred to herein as either “Terms and Conditions” or the “Agreement.” Customer accepts these Terms and Conditions by registering or placing an order on the SPENVIS website (the “Site”). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Customer places an order will govern the order, unless otherwise agreed in writing by the Institute and Customer.

Jurisdiction and applicable right

The current Terms and Conditions are subjected to Belgian law. Any contention with regard to the present contract, its conclusion, its execution or termination is submitted to Belgian law. In case of disputes, only the courts of Brussels (Belgium) are sole qualified.

Service Provider

The Contractor is the Belgian Institute for Space Aeronomy (the “Institute” or “BIRA-IASB”), its legal denomination is either “Belgisch Instituut voor Ruimte-Aëronomie” or “Institut d'Aéronomie Spatiale de Belgique.” The Institute is located at Ringlaan 3 Avenue Circulaire, 1180 Brussels (Belgium). The Institute is a governmental research centre depending on the Belgian Federal Science Policy. The Institute is exempted from Value Added Tax (VAT).

Intellectual Property and Technology Transfer

The Space Environment Information System (“SPENVIS”) is an engineering Operational Software of the European Space Agency (the “Agency” or “ESA”). The Agency owns all Intellectual Property Rights of the SPENVIS software. An irrevocable worldwide license to use SPENVIS for peaceful purpose is granted by the Agency to the Institute. Nevertheless sub-license or transfer of the SPENVIS software to an entity not located in an ESA Member State or to any international organization are subject to the veto of the Agency Technology and Product Transfer Board.

All the material of the Site (pages, concepts, help files, documentation, etc.), except the models developed by other institutions, is the property of the Agency. The Customer should not copy (except for personal use) or sell this material without the permission of either the Institute or the Agency.

Effectiveness of the Agreement

The Agreement becomes effective on the date on which the Institute activates the requested Services. The Institute reserves the right to refuse access to the Services, for any of the following reasons:

  • if the Customer refuses to provide the required information, or if the Customer has given incorrect or false details;
  • if the Institute has proof or serious suspicions of non-payment, fraud or purposes that do not comply with the Agreement, are illegal or against statutory regulations;
  • if the Customer is subject to embargo by the Agency.

Obligations of the Customer

The Customer commits himself or herself

  • to keep a valid postal address as well as a functional email address at all times and consult them regularly (the Site includes an electronic administrative console to manage this data, under https:// www.spenvis.oma.be/ user_account.php );
  • to use the Services in conformity with the provisions of the Agreement and all laws and regulations that are in force;
  • to respect intellectual property rights of any third parties;
  • to request permission of the Institute or the Agency to use SPENVIS for commercial purposes (only the interpretation of the results of the models and the user inputs entered are the property of the Customer and could be used in a commercial way);
  • to properly acknowledge the service in all publications and presentations using results obtained with the SPENVIS system.
It is the responsibility of the Customer to make backups of useful information such as model inputs and outputs (the Site includes a backup utility in the electronic project console, under https:// www.spenvis.oma.be/ htbin/ spenvis.exe? %23resetToPrevious%28project.html%29 ).

Performances and liability

The Institute will provide the Customer with all necessary information with regard to the Services. The Institute commits itself to undertake all that is necessary, for providing access to the Services in an optimal manner. The Institute makes a resource commitment.

Both parties agree that the Internet may have various transfer capacities and its own usage policy, and that nobody can guarantee a flawless and continuous operation of the Internet as a whole. The Customer is aware of the fact that

  • the transfer of information through the Internet is only relatively trustworthy;
  • the information that is dispersed through the Internet is not protected against possible alterations.

The Institute will not be liable in case of technical problems against its will, such as power cut, power breakdown or technical breakdown. The customer will not be able to claim any damages nor repayment resulting from any technical problem encountered. The Institute cannot be made liable for damages

  • in case of technical problems against its will or Force Majeure (e.g. power cut, technical breakdown, natural disasters);
  • in case of suspension or termination of a Service in conformity with the Agreement or at the explicit request of an authorized administrative or judicial institution;
  • when the Customer has not provided required information or has provided incorrect information.

The Institute, the Agency or the model and data providers are not to be held responsible for the contents or the accuracy of the models in SPENVIS and the use of the results. It is the responsibility of the Customer to verify that the outputs are appropriate for his or her application.

Personal information

The Institute does not gather any personal information unless it is provided on a voluntary basis. By completing and sending a registration form, the Customer grants the Institute permission to save his or her personal information in a database for the purpose of automated user profiling, customer management and market research. The information provided can be transferred for these purposes to the Agency and to companies contractually connected with the Institute in the framework of SPENVIS. The Institute may call upon third parties to provide it with data relating to the Customer, either with the aim of ensuring the exact and complete character of the information contained in its databases, or in order to carry out market research. The Customer has the right to review his or her relevant personal information and make corrections if applicable.

The Institute also collects anonymous or aggregated information of a non-personal nature, such as browser type, IP address and operating system used by the Customer.

Passwords and secure areas of the site

The Customer needs a password to access certain parts of the Site. Entering these parts without a password is strictly prohibited. The Customer must keep his password secret and confidential. Each use of services made after valid identification using the Customer's password shall be deemed to be committed by the Customer himself. If the Institute has reason to believe that the safety of the site is in jeopardy, the Institute can change the Customer's password without prejudice to its other rights.

 

SPENVIS is developed by a consortium led by the Royal Belgian Institute for Space Aeronomy for ESA's Space Environments and Effects Section through its General Support Technology Programme