General terms and conditions
Article 1
Any order to receive access to the Companyweb database (hereinafter “Database”) is considered final as soon as the company to whose enterprise number the subscription to the Database is linked (hereinafter the “Customer”), has provided an order form signed by the Customer or an email with the request for activation to Companyweb or, in the case of an order placed by telephone, it shall be considered final as soon as the first invoice has been paid. If the order is placed online and paid for by credit card, the order is considered final as soon as payment has been made via our payments partner.
Article 2
Each contract is concluded for a period of 12 months. The contract is tacitly renewed on the expiry date for the same conditions and the same period at the conditions in force at that time unless the Customer gives written notice of termination by registered mail at the latest 3 months before the expiry date.
Article 3
The established tariffs will be indexed annually on 1 January in accordance with the following formula: New price = Old price * [0.2 + 0.8 (new Agoria index / basic Agoria index)]. Old price: the fee paid in the year preceding the indexation; New Agoria Index: the Agoria index applicable for the month of December preceding the date of indexation; Agoria base index: the Agoria index applicable for the month of December preceding the previous date of indexation; The Agoria index: Agoria index Reference Wages Centre, Contract After 11/7/1981, consultable on www.agoria.be. These indexed rates apply to the Customer as soon as the contract is renewed in the year in question.
Article 4
Access to the Companyweb Database can be obtained through direct access or through integration in an application of the Customer. Access and usage of the Database is only granted to employees of the Customer (hereinafter “Users”). Any access to and use of the Database by persons who are not employees of the Customer is expressly prohibited. In case of direct access, Companyweb grants the User access to the Database immediately after payment by the Customer. Hereby, each individual User will be able to log in via their individual and personalised e-mail address linked to the domain name uniquely specified by the Customer. Companyweb does not allow Users to access the Database via a generic e-mail addres (e.g. info@enterprise.be). Direct access to the various services depends on the pack (basic, standard or premium) and any premium add-ons ordered (e.g. International search, Data Marketing, Compliance). In case access to the Database is obtained through an integration in a Companyweb approved application of the Customer, Companyweb shall provide the Customer with one unique set of login credentials (username and password) per integrated application. Each set of login credentials may only be used by the Customer in the one Companyweb-approved integrated application. The assigned login credentials may not be used elsewhere without Companyweb's prior written consent. The set of login credentials is linked to the Enterprise number of the Customer paying for the integration of the Database.
Article 5
Companyweb cannot be held responsible for delays, deficiencies beyond its control such as, among others, the interruption of telephone lines, a serious breakdown of the computers, the inability to access the data offered and other forms of force majeure. Companyweb will do everything in its power to make such interruptions as brief as possible and to limit the inconvenience to the Customer as much as possible. If the delivery of information is prevented by force majeure Companyweb has the right to adapt the contract to the circumstances without this leading to any compensation.
Article 6
Companyweb bases its data about Belgian companies mainly on official sources and makes every effort to keep the available data up-to-date, complete and correct. However, due to the nature and quantity of the information processed, Companyweb cannot guarantee the full accuracy or completeness of the information. Companyweb's obligation is limited to a best-efforts obligation. Companyweb may also provide information on foreign companies (International Reports). For this purpose, Companyweb relies on foreign partners active in the processing of trade information. Companyweb makes these International Reports available in the form in which it receives them ("as is"), on the basis of a best-efforts obligation. In addition, Companyweb has no control over, nor insight into, the methods by which these foreign partners interpret trade information (e.g. Indicators, health score or credit limits) and cannot assume any responsibility for this. Finally, Companyweb shall not be liable for any loss or damage resulting from negligence, carelessness, wilful misconduct, or any other reason for obtaining, gathering and disseminating the Belgian or international data, or for any delay in the delivery of such data. In case of dispute, the Customer must notify Companyweb of his observations within 8 days of receipt of the data. In any case, Companyweb's annual cumulative liability shall be limited to the higher of the following two amounts: 5,000 EUR or the annual contract value (excluding VAT).
Article 7
The information provided by Companyweb is only part of the elements that allow the Customer to form an idea about the solvency and/or economic and/or financial situation of the company requested or of the beneficiaries of a company. Companyweb does not guarantee the absolute solvency or financial health of the company requested or its beneficiaries. The health barometer used by Companyweb is based on a non-exhaustive list of financial and non-financial indicators (the main ones being: negative profitability, problematic liquidity, indebtedness >100%, ratio and evolution of cash flow to long and short term debts, late filing of annual accounts, social security summons, arrears to the tax authorities and social security, frequent seat transfers, etc.). This analysis in no way replaces the Customer’s own analysis of the figures filed with the National Bank of Belgium and information from secondary sources. Companyweb cannot be held responsible for the decisions made by the Customer based on the data consulted. These decisions are entirely up to the interpretation of the Customer.
Article 8
Companyweb is under no obligation to disclose the sources of the data it has provided nor its working methods. The data provided by Companyweb, in any form whatsoever, are strictly confidential and remain the property of Companyweb. Companyweb reserves the right to provide data only verbally in certain cases. The name of Companyweb shall never be disclosed as source.
Article 9
The Customer undertakes to use the Database solely for its own internal purposes and restrict access to it - whether directly or via integration - to Users, i.e., employees of the Customer. The Customer may not use the data in the Database for the benefit of third parties (including affiliated companies), nor may it sell, rent, transfer, or otherwise make the data available, whether for free or for a fee, to affiliated companies or to any person who is not an employee of the Customer (hereinafter "Non-Users"). Companyweb reserves the right to monitor the legitimate use of its Database through the aforementioned access rights. If Companyweb finds that individual users log into the Customer's account using login credentials associated with a domain name different from the one provided by the Customer, that individual users are not employees of the Customer, that login credentials linked to an integration are used outside the scope of the authorized integration without prior approval, or if the Customer otherwise fails to comply with this article or Article 4, Companyweb shall be entitled to temporarily or permanently deactivate access for such individual users without prior notice. Furthermore, in the event of breach of this article, Companyweb reserves the right to claim liquidated damages in the amount of ten times the invoiced amount, with a minimum of € 12,500, unless higher damages can be demonstrated, in which case compensation for the entire damage can be claimed.
Article 10
Unless Companyweb has given its express prior consent, the extraction and/or reuse of all or a qualitatively or quantitatively substantial part of the contents of the Database for any purpose is prohibited. In particular, the use of techniques such as scraping, crawling or harvesting of all or a qualitatively or quantitatively substantial part of the Database’s content is expressly forbidden. Companyweb specifically prohibits the use of the Database for training, refinement, testing or validation of any (AI) model or (AI) system. Repeated and systematic extraction and/or reuse of insubstantial parts of the Database’s content is also prohibited if they are contrary to a normal exploitation of the Database or if they cause unjustified damage to the legitimate interests of Companyweb. Unless expressly authorised in advance by Companyweb, it is also prohibited to perform systematic or regular bulk searches, whether automated or not, or to retrieve data in bulk from the Database. In the event of a breach of this article, Companyweb reserves the right to (temporary) suspend access to Companyweb services and to claim liquidated damages in the amount of 10 times the invoice price with a minimum of € 12,500, unless higher damages can be demonstrated, in which case the compensation for the entire damage can be claimed.
Article 11
When this information is publicly available, Companyweb may provide Customers with access to telephone numbers or email addresses of certain companies, either through the Data Marketing service or directly within the Database. Companyweb does so on a best-efforts basis and therefore cannot guarantee the accuracy of this information. The Customer undertakes to use these telephone numbers and email addresses solely in accordance with the legislation applicable to the Customer, and in particular in compliance with the rules governing the sending of electronic marketing messages and the "Do Not Call Me list". The Customer specifically undertakes to register in advance with the “Do Not Call Me list” and to verify all telephone numbers provided by Companyweb against this list. Furthermore, the Customer expressly agrees not to send electronic marketing messages to email addresses provided by Companyweb unless it has obtained valid prior consent from the user of the email address, or unless the Customer can rely on a legal exemption from the consent requirement. Finally, the Customer undertakes to immediately comply with any requests for modification or deletion of data received by Companyweb and subsequently forwarded to the Customer. Companyweb cannot, under any circumstances, be held liable for the accuracy of the provided telephone numbers and email addresses, nor for the use made by the Customer of any such information made available in or through the Database.
Article 12
In the context of processing and fulfilling orders, certain personal data will be processed by Companyweb. In addition, the personal data provided may also be used to present commercial actions and information on new Companyweb products and services. For more information on the processing of personal data by Companyweb and how Customers can exercise their rights in this context, please refer to the Privacy Policy for Customers, Prospects, Suppliers and Business Partners, available at https://www.companyweb.be/privacy-policy.
Article 13
Companyweb reserves the right to suspend or terminate the contract at any time without judicial intervention, in the event of a confirmed breach related to access to the Database. In such a case, Companyweb shall refund the subscription fee, minus the elapsed months and the current month, with one month considered as 1/12th of the annual fee. In the event of other breaches by the Customer of their legal or contractual obligations, Companyweb is likewise entitled to terminate the contract with immediate effect and without judicial intervention. Such termination shall in no way give rise to the payment of any compensation by Companyweb but the latter shall remain entitled to claim damages from the Customer. In the event of late payment, Companyweb also reserves the right to temporarily suspend access to the Database without this constituting termination of the contract.
Article 14
The invoice will be sent on the next working day following the order. Payment shall be made in cash or by credit card. In the event of late payment Companyweb has the right to deny access to the Database without this constituting a termination or nullification of the contract. In the event of non-payment on the due date, an interest of 12% per year as from the invoice date is due by right and without formal notice, with a fixed compensation of 10% of the agreed annual price with a minimum of € 75.
Article 15
Companyweb reserves the right to unilaterally make non-material changes to these terms and conditions at any time. The amended version of the terms and conditions, incorporating these non-material changes, shall enter into force upon notification by Companyweb to the Customer. In addition, Companyweb reserves the right to make material changes to these terms and conditions. By continuing to use the Companyweb Database, the Customer agrees to be bound by the version of the terms and conditions in which the material changes are made. If the Customer does not agree with these material changes, the Customer must notify Companyweb in writing within 10 calendar days. Companyweb will only make changes, whether non-material or material, to the terms and conditions if there are valid legal, technical, commercial or operational reasons for doing so.
Article 16
Companyweb reserves the right to conduct an audit at any time during the term of the contract to verify the Customer’s compliance with its contractual obligations. Companyweb shall notify the Customer of the intended audit at least fourteen (14) days in advance, except in cases of urgency or where such notice would undermine the purpose or outcome of the audit. The Customer shall provide full cooperation to Companyweb and any auditors appointed by Companyweb, including granting access to relevant documents and systems. The Customer specifically undertakes, where applicable, to provide Companyweb with explanations supported by evidence demonstrating that its use of the Database falls within the contractual limitations. The audit shall take place during business hours, and Companyweb shall make reasonable efforts to avoid any unnecessary disruption to the Customer’s normal business operations. All information obtained during the audit shall be treated as confidential and shall be used solely for the purpose of the audit.
Article 17
The present terms and conditions are the only valid conditions between Companyweb and the Customer. For all disputes regardless of the cause, only the courts of Brussels are competent. Belgian law, to the exclusion of International Private Law, is applicable.