The User Agreement
This user agreement constitutes a legal agreement concluded between the User, whose details are included on the registration page under company details, and the Service Provider, Solvengo BV.
Article 1: Definitions
Article 3: Position of the Service Provider
The service enables the User to accept the orders of its Customers via the order module in the environment. The Customer’s order is thus passed on to the User via the environment.
The Service Provider is under no circumstances liable for the products and/or services purchased by using the order module in the environment.
By placing an order in the environment, the Customer immediately enters into an agreement with the User for the delivery of the item selected by the Customer.
The User acknowledges that it bears full liability for its delivered products and/or services ordered by the User’s customer.
Article 4: The sales account and the course of registration as a User
If the potential User does not meet the above cumulative conditions, registration as a User will be refused.
If the potential User meets the above cumulative conditions, the Service Provider will make a decision on whether or not to accept the registration as a User. Registration may be refused without further motivation, even in the event that the potential User demonstrates that he has complied with the above-mentioned cumulative conditions.
The Service Provider may impose additional requirements in addition to the above conditions.
Article 5: Articles and prohibited activities
The User can only offer legal catering-related goods and/or services via the order module. The User guarantees that the products and/or services offered do not contain libelous, defamatory, obscene, pornographic or profane materials or expressions. The User also guarantees that it does not offer products that (may) pose an unacceptable risk to the reputation of the Service Provider, such as medicines, illegal or stolen products and/or services, games of chance, narcotics and certain food supplements. The Service Provider may change this list and/or remove or add activities at any time.
If the Service Provider becomes aware of the sale of these prohibited goods and/or services, the Service Provider will immediately suspend its sales account.
Article 6: Customer relationship
Article 7: Payments
Article 8: Order module and entering price list
Article 9: Security and fraud measures
Article 10: Use of content and confidentiality
Article 11: Privacy statement and cookies statement
The Privacy statement applies to the processing of personal data of Users and Customers who use the environment.
The controller for processing this personal data is the Service Provider.
The Service Provider therefore adheres to the General Data Protection Regulation with regard to the processing of personal data.
The Privacy statement and Cookies statement can be consulted in full at www.solvengo.be
Article 12: Intellectual property rights
Article 13: Termination
Article 14: Liability
Article 15: Miscellaneous
Article 16: Dispute settlement
1.1 In these general terms and conditions of SOLVENGO BV the terms mentioned below have the following meaning:
· SOLVENGO BV represented by Dries and Kobe: hereinafter referred to as SOLVENGO;
· Client: the customer who calls on the services of SOLVENGO;
· Conditions: general conditions SOLVENGO, which can be consulted on our website; solvengo.be/Algemene-Terms/;
· Assignment: an agreement between SOLVENGO and the client for the provision of services, including the Conditions;
· Performance voucher: the digital voucher on which the Assignment is described, as well as the necessary information from the Client and (where necessary) also contains an authorization from SOLVENGO for the amount to be collected;
Timely payment: the customer must pay the amount due for the Order immediately after the performance has been performed by SOLVENGO (before SOLVENGO has left the place where the order was performed), unless a different payment term has been expressly agreed by SOLVENGO and the Client agreed (max. 30 days after the Assignment was executed by SOLVENGO).
1.2 The Terms and Conditions apply to and form part of every offer and every Assignment.
1.3 General terms and conditions proposed by the client do not apply, are expressly rejected and are not binding, unless and insofar as they have been specifically accepted in writing by SOLVENGO.
1.4 Deviations from the Terms and Conditions are only valid if they have been expressly agreed in writing.
1.5 The possible nullity of one of the provisions of the Conditions will in no way affect the validity of the other clauses. SOLVENGO and the Client will make every effort, by mutual agreement, to replace the void clause by a valid clause with the same or almost the same economic impact as the void clause.
2.1 SOLVENGO guarantees to perform the Assignment to the best of its ability with sufficient care and craftsmanship. With regard to the Assignment, SOLVENGO only has an obligation of best efforts and no obligation of result. The Client is at all times obliged to pay the rates for the hours worked (including any travel costs), irrespective of the result of the Assignment, unless SOLVENGO is unable to perform the Assignment. The Client will then only have to pay the rates for the travel costs.
2.2 The Client is obliged to do all that is reasonably necessary and desirable to enable the execution of the Assignment. In particular, the Client shall ensure that all data and facilities, which SOLVENGO indicates are necessary or which the Client should reasonably understand to be necessary for the performance of the Assignment, are made available to SOLVENGO in a timely manner.
2.3 SOLVENGO is not liable for damage, of whatever nature, as a result of incorrect and/or incomplete information provided by the Client.
2.4 If SOLVENGO and the Client have agreed that the Assignment will be performed in phases, SOLVENGO may suspend the performance of those parts belonging to a subsequent phase until the Client has fully complied with its payment obligations in respect of the preceding phase.
2.5 The Client guarantees that he or she is the owner of the product in respect of which the services are provided and that it does not use illegally obtained software and/or materials. The Client indemnifies SOLVENGO against any claims from third parties in connection therewith, as well as in connection with the execution of the Assignment.
2.6 The services provided will only be performed at the address indicated by the Client when submitting the Assignment.
2.7 Employer authority, supervision and direction with regard to the work performed by employees of SOLVENGO rests with SOLVENGO. The Client is expressly not entitled to instruction in this regard.
2.8 If SOLVENGO calls on a subcontractor, the assignment will be obtained through SOLVENGO, but the subcontractor will not be subordinate to SOLVENGO and the subcontractor will carry out the assignment under its own management and responsibility towards the Client.
3.1 If SOLVENGO and the Client agree on a change or addition to the Assignment, the time of completion of the Assignment may change. SOLVENGO will inform the Client of this.
3.2 Time estimates that SOLVENGO communicates to the Client are only indications from which no rights can be derived.
4.1 Complaints about the services provided must be reported to SOLVENGO by the Client as soon as possible, but no later than 48 hours after completion of the Assignment in writing or by email to [email protected]
5.1 The Client must make payment of the total amount due before the employee or subcontractor of SOLVENGO leaves the place of the Assignment.
5.2 Payment other than by means of the payment methods indicated by SOLVENGO is not possible. The payment methods can be found on the solvengo.be website.
5.3 If SOLVENGO has to take collection measures against the Client, the Client will also owe the collection costs in addition to the statutory interest.
5.4 In the event of cancellation of the Assignment by the Client less than 24 hours on working days before the start of the Assignment (between 9 am and 6 pm), the Client owes the first 30 minutes of the applicable rate.
5.5 Payments that are not made on time will automatically and without notice of default result in interest equal to 15% annually, as well as (also by law and without notice of default) a flat-rate compensation of 10% on the invoice amount (with a minimum of EUR 250) as a compensation clause.
5.6 If a collection is unsuccessful, SOLVENGO has the right to charge administration costs to the Client.
5.7 In the event of a judicial reorganization or bankruptcy, SOLVENGO has the right to terminate or suspend the execution of the Assignment without notice of default or judicial intervention, without being entitled to compensation for damage that may arise as a result of this for the Client.
6.1 All rates quoted by SOLVENGO include VAT for private individuals. If an invoice is drawn up for a company with a VAT number or for a liberal profession, all rates are exclusive of VAT.
7.1 SOLVENGO is not liable for damage of any kind, regardless of the cause, except in the case of intent and/or gross negligence on the part of SOLVENGO. If and insofar as SOLVENGO should be liable for any liability, for whatever reason, this liability is at all times limited to 3 times the invoice amount of the Order.
7.2 The Client indemnifies SOLVENGO against all claims by third parties with regard to intellectual property rights on materials or data used or provided by the Client in connection with the execution of the assignment.
7.3 The Client is obliged to be present on site during the execution of the Assignment.
7.4 Giving advice on software or hardware to be purchased is not one of SOLVENGO’s core tasks. When SOLVENGO makes a solicited or unsolicited suggestion to the Client about a purchase, SOLVENGO does not act as an intermediary, commercial agent, distributor or seller of the software or hardware purchased by the Client. SOLVENGO does not provide any guarantee as to whether any software or hardware to be purchased is suitable for the system and intended use of the Client.
7.5 In connection with quality control, communication by telephone or e-mail with employees of SOLVENGO may be monitored by SOLVENGO.
7.6 The use of our application “Whywaitt.com” does not exempt the catering operator from entering every order in his white cash register in accordance with the GKS obligation, if the catering operator must comply with the GKS regulations. Solvengo BV cannot be held liable if the catering operator does not register its orders in accordance with the GKS obligations.
8.1 Neither party is responsible or liable for any delay or failure in the performance of the assignment as a result of force majeure.
9.1 Belgian law applies. Insofar as nothing else is prescribed by mandatory law, all disputes that may arise as a result of the Assignment will be submitted to the courts of the judicial district of Limburg.
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