General terms and conditions of use of Smovin

1. General
 
SMOVIN and a service offered by Smovin NV, whose registered office is located at Avenue Reine Astrid 92, 1310 La Hulpe (Belgium). Company number/VAT: BE0649610582 – RPM Brussels. In the remainder of this document the term « SMOVIN » refers to the service offered and/or the operators (NV Smovin) of the service. The present general terms and conditions of sale and use (GTCU) are intended to govern the use of the SMOVIN site whose domain name is smovin.be. By registering with Smovin in accordance with the terms and conditions set out below, you expressly and unreservedly accept these Terms and Conditions of Use, which take precedence over any other document. SMOVIN reserves the right to update and modify the T&Cs at any time. Any new features that may be added to SMOVIN are subject to these TOU. The fact of continuing to use SMOVIN after changes have been made constitutes acceptance of these changes. Any modification of the TOS will be specifically mentioned within SMOVIN or by sending an email to its customers. These TOU cancel and replace any other previous proposal or agreement relating to the same subject matter. The TOS may only be deviated from by the express agreement of SMOVIN. Any failure by SMOVIN to avail itself of these TOU shall never be construed as a waiver of its right to do so at a later date. These T&C shall apply immediately to all contracts concluded between SMOVIN and its customers, even those already in progress.
 
2. Description of the product offered
 
SMOVIN is a paid service, accessible only online via the web, allowing property managers to manage administrative and financial tasks and their tenants. SMOVIN is not a substitute for client management. Any advice given by SMOVIN only concerns the use of the software and in no way the organisation or management of the client. The software offered by SMOVIN is standard software. By using it, the customer is aware that SMOVIN may not meet the specific needs of his management.
 
3. Creating an account
 
Conditions necessary for the creation of an account on SMOVIN: All users must:
– Be at least 18 years old; – Provide their full name, a valid e-mail address and any other information required to complete the registration;
– Be responsible for maintaining the security and confidentiality of their account. SMOVIN cannot be held responsible for any damage or loss that may result from the client’s inability to protect their login information such as username and password.
 
4. Knowledge of the Internet and the Web
 
The customer declares that he is aware of the characteristics and limitations of the Internet described below:
– Data transmissions on the Internet only benefit from relative technical reliability, as they circulate on heterogeneous networks with diverse characteristics and technical capacities. As a result, no one can guarantee the proper functioning of the Internet.
– The data circulating on the Internet are not protected against possible misappropriation, and thus the communication of passwords, confidential codes and more generally any sensitive information is carried out by the customer at his own risk.
– It is the customer’s responsibility to take all appropriate measures to protect his or her own data and/or software stored on his or her servers from contamination by viruses as well as attempts to intrude into his or her computer system by third parties via the access service.
– SMOVIN cannot be used to transmit viruses, worms or any other malicious content.
– It is forbidden to use SMOVIN to store, host or send unsolicited emails (SPAMS) or SMS messages.
– As a consequence of the above, and in full knowledge of the characteristics of the Internet, the Client waives the liability of SMOVIN for one or more of the above-mentioned facts or events. The Client is solely responsible for any direct or indirect, material or immaterial damages and prejudices, caused by him/her (or his/her employees), to SMOVIN due to the illegal or non-legal use of the hosting server. In the cases indicated above, the client undertakes to indemnify SMOVIN in the event that the latter is condemned to pay damages (including, in particular, legal, lawyer’s, solicitor’s, solicitor’s etc. costs). Furthermore, the client undertakes to reimburse SMOVIN for the costs incurred in repairing the damages he has caused.
 
5. Duration of the contract
 
The contract takes effect on the day of registration by the customer. It is taken out for the duration chosen by the customer at the time of his final registration (at the first payment) or at the signature of the commercial offer. The minimum duration of the contract is one month. At the end of this period, the contract will be tacitly renewed for the same period as that initially subscribed to by the customer. The customer may nevertheless decide at any time and without conditions to cancel the tacit renewal of the contract. To do so, he must notify his contact person by e-mail. The amounts due will be automatically invoiced at the beginning of each period (month or year). It is the customer’s responsibility to anticipate the end of a subscription period, the consequences of which would be the sole responsibility of the customer. In the event that the customer closes an account, no refund or credit will be granted for partially used months or for unused months. The sales offers presented on SMOVIN’s website, which are governed by these TOS, are valid for any product or service as long as it remains online. SMOVIN reserves the right to stop marketing the software. The customer will be notified by any means and will continue to have access to the software for the duration of the subscription to which he or she has subscribed or will have at least one month’s notice before access to the software is definitively interrupted. Within this period, the customer must take all measures to safeguard his data. The cessation of the commercialisation of SMOVIN will not give rise to any indemnity or compensation from SMOVIN to the client. SMOVIN may modify the software without prior notice, in order to make the improvements and modifications deemed useful or necessary. The customer will not be able to claim any compensation from SMOVIN for the modification of the software.
 
6. Suspension of access
 
SMOVIN reserves the right in case of non-payment by the client of one of its invoices, or in case of non-compliance with any of the clauses contained in these T&Cs, to suspend access to SMOVIN, immediately and without notice, until full payment of the amounts due or until the provisions of these T&Cs have been met. Violation of all or part of these T&Cs may result, immediately and without notice, temporarily or permanently, in the deactivation of your SMOVIN account, without prejudice to SMOVIN’s other rights, including the right to claim damages for the loss suffered. If the customer’s account is unused for a period of two months, SMOVIN reserves the right to deactivate the account.
 
7. Data protection and privacy policy
 
By registering, the customer agrees that SMOVIN may store, process and use the data collected during registration and those related to SMOVIN’s invoicing duty towards the customer. Your information is intended for the operation of SMOVIN only. The customer has the right to access, modify, rectify and delete data concerning him/her. This information will not be communicated to third parties. Any request relating to the information kept by SMOVIN should be addressed to SA SMOVIN whose registered office is located at Avenue Reine Astrid 92, 1310 La Hulpe (Belgium). Company number/VAT: BE0649610582 – RPM Brussels. The data belonging to the client and hosted on SMOVIN (tenants, contracts, financial information etc) are and remain the property of the client. SMOVIN undertakes to keep this data strictly confidential, to make no copies of the data, except for technical requirements, and to make no use of it other than that provided for the execution of these T&Cs. The customer is solely responsible for the data he transmits to SMOVIN for the purpose of hosting or using the software. The client guarantees that these data belong to him/her or that he/she has the right to use and transfer them to SMOVIN. He also guarantees the legality of it. The client expressly guarantees SMOVIN against any claim or recourse by third parties, on any grounds whatsoever, related to the client’s registration on SMOVIN or to the data transmitted to SMOVIN by the client. In the event that SMOVIN appeals to the client as a guarantee due to the recourse of a third party, all legal costs of SMOVIN, including the fees of its lawyers, will be borne by the client.
 
8. Security policy
 
SMOVIN can be used in encrypted version (SSL). The personal information we collect is kept in a secure environment. People working for SMOVIN are required to respect the confidentiality of customer information. SMOVIN’s user account data (user accounts, tenants, rentals, contracts etc.) is saved every night on an external backup server and transferred there in encrypted form. The servers hosting SMOVIN are equipped with a software firewall. SMOVIN is committed to maintaining a high degree of confidentiality by integrating the latest technological innovations to ensure the confidentiality of transactions. However, since no mechanism offers maximum security, there is always a degree of risk when using the Internet to transmit personal information. SMOVIN can never be held responsible for the loss of client data, even in the event of failure of the SMOVIN software or servers. The client is fully aware that he must always have an updated copy of the data transmitted to SMOVIN. SMOVIN has a best-efforts obligation towards its clients and can only be liable for its gross negligence or fraud, and exclusively up to the amounts actually paid by the client for SMOVIN’s services, during the current period.
 
9. Force majeure
 
SMOVIN’s liability shall be fully discharged if the failure to perform any or all of the obligations for which it is responsible and which are provided for in these GCU, result from a case of force majeure. For the application of these GCU, force majeure is defined as an unforeseeable and/or unavoidable event beyond the control of SMOVIN, such as, for example, the failure of the hosting provider. If the execution of the agreement, or of any obligation incumbent on SMOVIN under these GCU, is prevented, limited or disrupted due to a case of force majeure, SMOVIN shall then be exempted from the execution of the contractual obligations considered. In that case, SMOVIN may request the termination of this contract, without being obliged to pay any compensation, and retaining the benefit of the sums due at the date of the request for termination. In any case, the party failing to fulfil its obligations due to a case of force majeure will have to keep the other party regularly informed of the prognosis for the removal or reinstatement of this case of force majeure, and the obligations arising from this contract will be suspended for the entire duration of the case of force majeure. Intellectual property The trade name SMOVIN is the exclusive property of SA SMOVIN. The same applies to all its variations, as well as to any use and logo related to SMOVIN. All the constituent elements of the SMOVIN website, whether or not they are accessible to the user of the software, are the exclusive property of SMOVIN. This concerns, in particular, software, databases, website pages (text, images, graphics, icons, videos), management tools, platforms, as well as any tool or information made available to the client. It is strictly forbidden for the client, his agents or any other person to whom the client allows access to SMOVIN, except with the express and prior authorisation of SMOVIN de :
– Copy, reproduce, modify, represent, publish, adapt, transmit, translate, in any form and by any means, all or part of the SMOVIN software as well as all or part of the information or services provided by SMOVIN;
– Use the software in another way or for other purposes than those described on the SMOVIN website or in these T&Cs;
– Transfer, for a fee or free of charge, all or part of the rights and obligations he holds as a result of this contract. The subscription subscribed to by the client confers to the latter the right to use the software, during the duration of his subscription, to the exclusion of any other right. SMOVIN is authorised, unless the customer expressly opposes it, to mention its customers for promotional and advertising purposes, on all media including its website, and to use the name, logo and extracts of any comments made by customers.
 
10. Obligations and responsibilities of SMOVIN
 
SMOVIN contracts an obligation of means. SMOVIN undertakes to make every effort to provide its customers with a quality service. Despite all the care taken by SMOVIN for a continuous service (24 hours a day, 7 days a week), interruptions of service will be possible without any responsibility of SMOVIN, in case of breakdown or failure of the host, necessary or useful maintenance interventions. The technical assistance service applies to all services provided by the Service Provider. Users will be assisted by telephone or remote maintenance. The Customer will be answered on the following days and at the following times: Every working day from 8:30 am to 5:30 pm The technical assistance service can be reached at the following address: On the chat available on Smovin or by email [email protected] SMOVIN will never be responsible for any damage caused to the Client or to a third party by the use of the software or any service offered by SMOVIN, whatever the cause, except in case of gross negligence or fraud on the part of SMOVIN. The above paragraph applies, in particular, to SMOVIN’s printing/dispatching service consisting in the printing of the client’s documents and their dispatch by post, in an envelope stamped by SMOVIN. The sending of the documents by post will be sufficiently justified by a declaration of SMOVIN, which, moreover, cannot be held responsible for delays or non-delivery subsequently due to a failure of the postal services. SMOVIN cannot be held responsible for any theft of information, whether physical (theft of documents) or electronic (virus, spyware, hacker) and for the consequences that these could have for the customer despite the precautions taken. The client acknowledges being aware of this potential latent risk and retains the right not to communicate to SMOVIN any information that he considers too vulnerable or too strategic. In all cases where the responsibility of SMOVIN is questioned and established, only its gross negligence may be reproached to it. In this case, the total compensation payable by SMOVIN may not, by express agreement, exceed the amount invoiced for the period during which the damage occurred. SMOVIN will not be held responsible for indirect damages, which do not result directly and exclusively from the failure of the service provided by SMOVIN, such as commercial damage, loss of contract or profits, damage to the brand image, etc. Any claim against SMOVIN must, under penalty of forfeiture, be made by email within 48 hours of the event giving rise to it, this email must be confirmed by registered letter sent within 48 hours of the aforementioned email.
 
11. Applicable law
 
This contract is subject to Belgian law. Contracts between SMOVIN and its clients are drawn up in French, which will be the only authentic language of the agreements made. Any contract or T&Cs drawn up in another language will only be considered as a translation for commercial and information purposes. In the event of any discrepancy between the French text and the translated text, only the French text shall be deemed authentic. In the absence of an amicable agreement, as well as for any possible protective measure, any dispute arising from the execution or interpretation of this agreement will be the exclusive competence of the courts of the district of Brussels (Belgium).