GENERAL TERMS AND CONDITIONS

Article 1

DATA.BE B.V.B.A. registered in Belgium with company number BE 0844.044.609 (hereafter “data.be”) is publisher, producer and owner of the website data.be and of all derived products which include but are not limited to: Data API, Data Search, Company Search, Text Search, Publication Search, Legal Search, Business Link Checker, Background Checker, Business Scoring, Prospect Selector, Data Alert, Data Monitor, Data Graph, Extended Company Profile and Business Graph (hereafter “products”).

User registration via web form(s) published on the data.be site or placing an order or closing a subscription or contract (all four hereafter referenced as ‘”agreement”) implies a formal acceptance of the current terms and conditions, to the exclusion of the application of those of the client. Any derogation from these terms must be agreed to in writing and signed by both parties.

This agreement may be concluded by and via the use of the publicly accessible website and visitors declare to have taken note and accept these terms and conditions, which therefore also apply to users who are no (paying) clients (yet). These terms and conditions are therefore applicable to any information consultation, order, subscription and agreement. If these terms are changed, the amended version is effective as of the date of publication at https://data.be/en/content/general-conditionsand this for any current or future agreement. The user or client guarantees the accuracy and completeness of the provided business and personal data and also guarantees to legally and duly represent their corporation. If the provided business and personal information change at any time during the agreement, then the user or client agrees to notify data.be via email to [email protected] of these change(s) or to correct the changed information themselves on the corresponding profile page on the data.be website. If an agreement was concluded by electronic means then all media will be accepted as written evidence on paper (web form, email, fax, electronic scan of signed document, etc..).

Article 2

Data.be invoices are due 30 days following the invoice date, unless otherwise specified on the invoice. If payment is not received by the due date the amount due will automatically be increased with late payment interest of 1% per month. Moreover, the amount due will also be increased with 15% with a minimum of € 50,00. If the client requests that data.be invoices are addressed to a third party, the client will guarantee payment. The waiver for one-time "setup" costs (eg in the context of a promotion) is always tied to the timely payment of the due dates in the corresponding subscription plan. If payment is not received within 30 days after the due date, the amount due will automatically be increased with the related "setup" costs, according to the pricing table published on https://data.be/fr/pricing. A client who wishes to pay the pro forma invoice exempt of VAT, on account of the exoneration in accordance with Article 138 §1 of the directive 2006/112/CE must fulfill the following conditions:

• Request the VAT exemption form by sending an email to [email protected] on account of an intra-EU delivery; and
• Communicate a valid intra-EU number; and
• Duly complete and send back the VAT exemption form. This form can be requested by sending an email to [email protected] ; and
• Pay the invoice using a bank account located in the country in which he is registered for VAT.

All agreements shall be tacitly renewed for the same duration and should be terminated by registered letter addressed to data.be bvba, Witherenstraat 4, 1040 Brussels, Belgium at least 30 days prior to the monthly or annual renewal date. If the client mandated data.be to collect payment of its invoice through "SEPA Direct Debit" or "recurring credit card payment” then data.be will be notified by the client about any changes in account numbers or credit card numbers and expiry dates during the term of the agreement. The client is responsible to provisions these accounts with sufficient funds to allow these payments. If not, the cost of processing an additional payment request to the client’s account can be recovered on the client, with a minimum of 20 EUR excl. VAT as administration costs.

Article 3

Data.be’s contractual obligations are obligations of means. Given the nature and quantity of the processed information and underlying sources data.be can not guarantee the complete accuracy or completeness of the data. Data.be agrees to take every precaution to respect delivery terms with the accustomed service levels and delivery times from its industry. Data.be is not liable in case of delays or failures, which are due to factors or events beyond its control (eg sick employees) or by delays in the delivery of the data from its source agencies, material defects or “force majeure”. However, apart from serious fault, no violation of the delivery terms will result in a claim for damages or termination of the agreement. Data.be undertakes its best to ensure good care of the delivery and where appropriate, the update of the delivered data and services. Except otherwise indicated in writing, Data.be does not warrant the delivered data to be complete or free of error nor does data.be warrant the delivered data to fit for the achievement of a defined objective or the achievement of a result. Data.be cannot be held responsible for error, fault or concealment in the information supplied by the client. Compensations at the expense of data.be will not exceed the price of the disputed service. In case of consecutive services the compensation is limited to the disputed services that were performed within the three last months. All complaints regarding the delivery or the rendered services shall be notified in writing to Data.be within 15 days after delivery or rendering of services. For invoices, a term of 1 month after invoice date shall apply. Every shortcoming which could not be detected at the moment of the delivery or the rendering of the service must be notified within 15 days starting from the detection and at the latest within 2 months after delivery or the rendering of the service. Any complaints after the expiry of above terms will not be handled by data.be. Data.be has the right to subcontract any order. Data.be has the right to refuse an order.

Article 4

Any failure to observe the obligations in this article shall result in a fixed compensation equal to ten times the invoiced price, without prejudice to data.be’s rights to prove higher damage and ask for corresponding indemnity. Each of the data.be products is to be considered as a database that is legally protected in accordance with the Belgian law of August 31st, 1998 on the legal protection of databases and the Belgian law of June 30th, 1994 on copyright and related rights. In compliance with the applicable legislation, none of the information recorded and presented in data.be products and databases can be duplicated, reproduced or made public, distributed, sold, borrowed, rent and/or reused in any way without prior written consent of the publisher. The products (software, data, presentation formats and information from databases) as delivered by Data.be through different interfaces are the exclusive property of the latter for which the client obtains a non-exclusive user license, during the agreement or subscription period. The client agrees to use the delivered products solely for the agreed purposes in order to improve it’s internal operations and results and to support marketing, segmentation, prospection, financial analysis, fraud detection, credit scoring, accounting, factoring, data enrichment and back office purposes. The login(s) and related password(s) (hereafter “account”) to gain access to data.be products are personal and cannot be used by more than one person on more than one device at the same time. Data.be reserves the right to unilaterally deny, without warning, further access to its products in whole or in part, in the event of apparent violations by a user or client of the provisions below. Whenever Data.be detects abnormal use of an account (with regard to the number of consultations or concurrent connections), the related client and it’s account(s) and IP address(es) will be automatically blocked in order to avoid further potential abuse. By abuse (though not limited to) Data.be means:

• The misuse of the provided data for illegal activities (such as privacy violation, stalking, spamming, identity theft, impersonation, forgery,..)
• The repeated or frequent copying of graphic elements, user interface or data protected by copyright laws, trademark laws or by database protection laws, manually or via the use of so called bots, scrapers, fetchers and/or by means of similar software.
• Automatic connections from Salesforce Support-,CRM-, ERP-, Marketing-, Back Office-applications or other systems that copy data from Data.be for integration or that provide multiple users at the same time, online or directly from these systems with access to webpages and data from products, which require a data.be account.

Data.be reserves the right to take any further legal action against natural or legal persons and to report misuse to the Federal Computer Crime Unit (FCCU) of the Belgian Federal Judicial Police including IP addresses, forensic details and the extent of violations detected. The information contained in the databases has been compiled from sources data.be considers to be reliable. In case the underlying source is of public nature and publicly accessible through a standard browser, data.be strives to reference it with a hyperlink. This way any client can check the accuracy of the source data and decide which source should prevail in case of conflict or error. Under no circumstances will data.be accept responsibility for material or other errors contained in information from it’s underlying sources or for errors caused while processing this information prior to its publication. The client or user undertake to mail [email protected] a clear notification about encountered errors or data conflicts in the products. If internal needs force the client or user to transfer data to a third party, then the user and client agree to communicate the identity of the third party via email to [email protected] and guarantee that the provided data will not be distributed in any form by this third party. Under no circumstance, the products can be used for activities that may compete with the activities of data.be delivering financial company data, nor services such as “data broker”, “list broker” or “business directory” in whatever form or interface. The client undertakes to comply with the legislation in force (especially in respect to privacy) and the terms of use imposed by the Belgian Direct Marketing Association vzw (BDMA) for every processing of contact details using the “Do Not Call Me List” (www.bel-me-niet-meer.be). Following terms apply in case of data rental and processing information through the data.be website or web service: Rented data may only be used once. The client is not allowed to store rented data on for a longer period than needed for the processing. Unless agreed otherwise in writing, the client is not allowed to communicate the rented data to third parties and the client agrees to take any relevant precautions in order to prevent any unlawful use or distribution of it. Evidence of unlawful use of one single piece of information (including by means of control addresses) is sufficient evidence for the unlawful use of the data in its entirety or the software of data.be. The client or user must present a copy of the message to data.be for control and approval and agree to use the message unaltered. The burden of proof of the communication to data.be and the approval of the message rest with the client or user.

Article 5

Prices are set based on the data.be subscription plans and the volume and information supplied by the client at the time of entering the agreement and will be revised if any of these elements or the size of work change. Prices do not include VAT, or any other tax. Data.be has the right to index prices annually, in January or in July, depending on the agreement renewal date, to the amount of 90 %, with the reference index being the evolution of salaries for the Belgian joint committee on which data.be depends (committee n° 218) according to following formula:

• Price after indexation = (RP x 0,9 x NI)RI + RP x 0,1
• RP= Reference price of the agreement
• RI= Reference index for the year and month of signing the agreement
• NI= new index for the new year and month preceding the indexation of the agreement

Article 6

Data.be will treat all information obtained from the client as confidential and will not disclose the information to third parties –other than sub-contractors – to the extent that the information it is not of public nature or normally accessible, or not lawfully in the possession of data.be prior to its disclosure by the client. The data provided by the client remains its property.

By payment of the first invoice the client agrees that data.be includes the client’s company name, logo, hyperlink, industry and company description to the reference portfolio and client list on the data.be website, promotional material and in presentations and this up to one year after the termination of a agreement.

Article 7

In case of non-compliance by the client of one of its obligations, data.be has the right to suspend the execution of its proper contractual obligations and may obtain a lien as the occasion arises. If the non-compliance sustains for a term of 30 days after notice of default, data.be can consider the agreement to be dissolved at the expense of the client. In case of serious breach, data.be may terminate the agreement with immediate effect. In case of multiple agreements between parties, this clause will apply to all agreements and not just the one to which the violation pertains.

Article 8

In case of a discrepancy between translations of these Terms and Conditions and the original Dutch version of these Terms and Conditions, the Dutch version prevails, as published on https://data.be/nl/content/algemene-voorwaarden If and when a clause set out in these terms and conditions is non-executable, invalid, null or nullified, the remaining clauses of these terms and conditions still apply and this will in no case alter nor diminish the validity, legality and feasibility of the remaining clauses.

Article 9

Any disputes fall under the jurisdiction of the Courts of Brussels, which will apply Belgian law as well as the international treaties with regard to intellectual property rights and the protection of databases.

© Data.be bvba 2012-2015: this version was last updated on 30.09.2014 and has not been changed since.

PDF link https://data.be/en/content/general-conditions/generalconditions.pdf