General terms and conditions

Article 1

Each order is considered final as soon as an order form signed by the customer or an email with the request for activation is received. 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 Ogone.

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 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 March preceding the previous date of indexation (and for the first indexation after 1 April 2022, the Agoria index applicable for month of March 2021); 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 agreement is renewed in the year in question.

Article 4

Companyweb grants the user access to the database immediately after payment. The individual users will be able to login using their individual email address corresponding to the domain name provided by the customer. The access to the various services depends on the pack ordered (basic, standard or premium).

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 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 commits itself to an obligation of means. In addition, 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 above 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 user 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 user'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 Companyweb user based on the data consulted. These decisions are entirely up to the interpretation of the Companyweb user.

Article 8

Companyweb is not obliged to reveal 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 will never be disclosed as source.

Article 9

The customer agrees to limit the use of access to the Companyweb database to its own organization. It may not sell, rent or transfer the data in the Companyweb database to third parties for free or for a fee, nor make its account available to third parties. If Companyweb finds that individual users are logging into the Customer's account using login details with a domain name different from the one provided by the customer, Companyweb is entitled, without prior warning, to temporarily or permanently disable the access of these individual users. In addition, Companyweb reserves the right to claim liquidated damages in the amount of 10 times the invoice price with a minimum of € 12,500 in case of breach of this article, unless a higher damage is caused, 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 the whole or a qualitatively or quantitatively substantial part of the contents of the Companyweb database is prohibited. In particular, it is prohibited to use techniques such as scraping, crawling or harvesting of all or a qualitatively or quantitatively substantial part of the content of the Companyweb database. Repeated and systematic querying and/or re-utilisation of insubstantial parts of the content of the database are not allowed if they are contrary to a normal exploitation of the database or if they cause unjustified damage to the legitimate interests of Companyweb. Companyweb reserves the right, in case of breach of this article, to claim liquidated damages in the amount of 10 times the invoice price with a minimum of € 12,500, unless a higher damage is caused, in which case the compensation for the entire damage can be claimed.

Article 11

Companyweb cannot be held responsible for the use of telephone numbers by the customer. The customer acknowledges that if it wishes to use the files purchased from Companyweb with telephone numbers (database marketing) or the telephone numbers consulted on its website for commercial purposes, it must register in advance and deduplicate the files purchased with the "Do-not-call-me" list in accordance with applicable legislation. The customer undertakes to comply immediately with all requests for modification and deletion of data received by Companyweb and communicated to the customer of database marketing products.

Article 12

For the processing and execution of orders, certain personal data will be processed by Companyweb. In addition, the personal data communicated may also be used to propose commercial actions and information on new Companyweb products and services. For more information on the processing of personal data by Companyweb and the exercise of rights by the customer in this regard, see 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 this case, Companyweb shall refund the cost of the subscription less the months already elapsed and the current month, one month being considered 1/12th of the annual fee. Companyweb may terminate the contract without judicial intervention and with immediate effect if the User has not fulfilled its contractual obligations. Such termination shall in no way give rise to the payment of compensation by Companyweb but the latter shall remain entitled to claim damages from the user.

Article 14

The invoice will be sent on the next working day. Payment shall be made in cash or by credit card. In case of late payment Companyweb has the right to deny access to the database without this resulting in the nullity of the contract. In case 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% on the agreed 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, you agree to be bound by the version of the terms and conditions in which the material changes are made. If you do not agree with these material changes, you 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

The present terms and conditions are the only valid conditions between parties. 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.