Terms and conditions
Scope
These terms govern the provision of the “Cloud Business Management” software for use over the internet (software as a service) by the provider named in our imprint. Any differing terms of the customer do not become part of the contract, even if not expressly objected to.
The service is offered exclusively to businesses, to legal persons under public law and to public-law special funds. No consumer contract arises, and consequently there is no right of withdrawal.
How the contract comes about
The description of the service on this website is not a binding offer. By submitting the signup form the customer makes an offer to enter into a usage agreement.
The contract comes about when the provider sets up the tenant and confirms this. The provider is under no obligation to accept an offer and may decline without giving reasons.
Where a VAT number is given at signup, the provider checks it automatically. If no number is given, or the check cannot be carried out, a person reviews the application, which may take longer.
Trial
Access begins with a trial period, which is free of charge and requires no payment method. The scope of the service is that of the chosen plan.
The trial does not turn into a paid subscription by itself. Converting to a paid plan is a separate act by the customer. If it does not happen, access ends when the trial expires.
Scope of service and availability
The provider makes the software available over the internet in its current version and operates the underlying infrastructure within the European Union. What is owed follows from the chosen plan, including the usage limits it states.
The provider develops the software continuously. Changes that do not materially reduce the agreed scope of service are permitted. Maintenance is announced where possible and placed outside peak hours.
Prices and payment
The published prices of the chosen plan at the time of ordering apply. All prices are net and exclude the applicable statutory VAT.
Billing is in advance for each billing period. Usage above the limits stated in the plan is billed by consumption where the plan provides for it; where a limit is marked as not exceedable, the action concerned is refused instead.
If a payment falls due and is not made, the provider issues reminders and may restrict or suspend access after a reasonable period has passed without payment. The customer is told beforehand.
Term and termination
The contract runs indefinitely and may be terminated by either party at the end of the current billing period. The right to terminate for good cause without notice is unaffected.
After the contract ends, the provider makes the customer's data available for retrieval in a common format for a reasonable period and then deletes it, unless statutory retention obligations require otherwise.
The customer's obligations
The customer keeps sign-in details confidential, protects them from third parties and gives each person who uses the system an account of their own. Any suspected misuse is reported without delay.
The customer is responsible for the content it enters and for meeting its own legal obligations, in particular the accuracy of the mandatory disclosures in its own shop and the tax treatment of its own sales.
Data protection and processing
Where the provider processes personal data on the customer's behalf, it does so solely on the basis of a data processing agreement under Art. 28 GDPR, concluded together with this contract and forming part of it.
The customer is the controller for the data processed inside its tenant. The provider processes that data only on documented instructions and engages sub-processors only within the European Union.
Liability
The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the applicable product liability legislation.
For ordinary negligence the provider is liable only for breach of material contractual duties, and then limited to the foreseeable damage typical of this kind of contract. Any further liability is excluded. The customer remains jointly responsible for backing up the data it provides.
Governing law and jurisdiction
Belgian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The courts having jurisdiction for the provider's registered office have exclusive jurisdiction over all disputes arising from this contract, where the customer is an undertaking. If individual provisions are ineffective, the remainder of the contract stays in force.