General conditions Beeple
These Terms and Conditions govern your use of the Services that you purchase from Beeple. By using this Service you agree to be bound by these Terms and Conditions and you agree that no other conditions will apply, except if they have been accepted in a written agreement between you and Beeple.
Beeple BVBA (“Beeple") is a Belgian company with headquarters in Gitschotellei 119, 2600 Berchem, registered in the Kruispunt Bank for Enterprises under number 0647,889,625. Our contact details are available on our website www.beeple.eu.
There may hereafter be made in the following ways to Beeple "We" or "Us". You can be referred to as follows: "Client" or "your Company".
Individually, Beeple and the Client can be referred to as "Party" Or together are referred to as "Parties".
requires the login and password of the Client to access and make use of the services;
means the information, data, text, materials that the Client in
framework of the Services shares or makes available on the Platform;
means the applications chosen by the client and all the performance and
functionalities which Beeple in connection therewith delivers, including the
management, making available and the operation of the Platform;
Intellectual Proprietary rights:
means intellectual property rights, including
copyrights, rights in logos, inventions, trade secrets
and know-how, design rights, patents, trademarks,
database rights, all rights in computer software and data,
all intangible rights with respect to the foregoing, in any case
throughout the world and whether registered or not; and including
all approved registrations and applications for registrations,
renewals or extensions, the right to claim damages in case of infringements
and all other similar forms of protection which apply where ever in the world;
Personally identifiable information
means any information relating to an identified or identifiable natural person;
means the hardware and software through which the Services are delivered;
means the computer program that is part of the services, and is installed on the platform;
2.1. Beeple grants Client access to and a right to use the Services after the client has indicated which services they wish to purchase and after having fully completed the registration process on the website, including the explicit acceptance of the Terms and Conditions.
2.2. The various services are explained in detail on the website by Beeple. Specifications concerning the technical features and functionalities of the Services are available on the website or can be obtained from Beeple upon request.
2.3. The right to access and to use the Services is granted to the Client on a non- exclusive, non-transferable manner and applies to the entire world.
2.4. Services include facilitating some aspects of the status of the client as an employer. In no event Beeple assumes tasks from the Client associated with that status. The Client shall at all times remain responsible and accountable towards its employees and to third parties as regards its capacity as an employer. The Client itself will continue to meet its legal obligations towards its employees. Through the services Beeple supports its clients, but does not in any case take the place of the Client. Through the provision of the Services, no link between Beeple and the employees of the Client is created.
2.5. The Services are provided without any guarantee of a particular application, other than as described on our website or in documents issued by Beeple.
2.6. The client accesses the services by logging in with the account information. The account information may only be used by the Client and not be passed on to other companies, whether affiliated companies or not.
2.7. To carry out the services, Beeple, without discussing it with the client, may appeal to a third party, including but not limited to hosting service providers.
3. CLIENT'S RESPONSIBILITIES
3.1. The Client must keep his account information secret at all times. The account information may only be communicated to employees who should make use of the Services. Client will take reasonable technical and organizational measures to ensure the confidentiality of the account information. At the first request of Beeple the Client will inform Beeple about the measures taken. The Client shall be liable for damage caused by the unauthorized use of account information.
3.2. The Client is obliged for any loss or theft of their account information to immediately report this to Beeple. Beeple is entitled in such a case, but not obliged, to block the Account Information.
3.3. Client is responsible for its own hardware and software necessary for gaining access to the Services. The Platform is compatible with the most commonly used computer systems. From Beeple, you can obtain information regarding the compatibility of the platform and your systems.
3.4. Client will inform Beeple without delay of faults, limitations or problems they are experiencing in the Platform.
4.1. Data remains at all times the property of the Client. Beeple will only use the data in accordance with the provisions of the Terms and Conditions.
4.2. If the Data entirely or partially infringes the rights of third parties (including but not limited to copyright) or is not authorized by law (for example, but not limited to racist or defamatory Data) the Client must inform Beeple of the situation and immediately delete such data from the Platform (i) once the client has become aware or should reasonably have this qualification, or (ii) after Beeple has requested the Client to do so. Beeple can in no way be liable for damage caused by data. This responsibility rests with the Client.
4.3. The Client is responsible to ensure that the data is free of errors, computer viruses, bugs or other deficiencies which could harm third party data on the platform or the platform.
4.4. Beeple will at last after the termination of the Terms anonymize the data. That means Beeple will cause the data to be not referenced to an identified or identifiable natural person and that they are made anonymous so that the person concerned is not or no longer identifiable. Beeple is entitled, even after the termination, to use this anonymous data for statistical and analytical purposes, for example, but not limited to the improvement of its services and to develop new services.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Intellectual Property Rights resting on the services and on the Platform belong in their entirety to Beeple. Signing this agreement does in no way imply that Beeple is transferring Intellectual Property Rights to the Client.
5.2. Intellectual Property Rights that remain on the Data are property of the Client. The Client grants Beeple the right to use these data in order to provide the Services to meet its obligations under these Terms and as otherwise provided in these Terms and Conditions.
6.1. The parties agree that the client will have to pay compensation in accordance with the price list, available on our website or on individual request.
6.2. The parties agree that the fee constitutes a fee for the registration as provided in Article 2.1 of these Terms and Conditions.
6.3. The fee must be paid at the time you are invited to the tender process or as may be otherwise indicated on the invoice sent by us to do so (due date).
6.4. In case of non-payment of a fee or a bill within the prescribed period is a delay interest from the due date shall automatically and without prior notice due to the amount of 1% per month on the unpaid invoice. Also of right and without prior notice, a compensation amounting to 10% of the outstanding invoice amount (with a minimum of 50.00 euros), without prejudice to our right to claim higher compensation provided proof of higher actual damage.
6.5. We have the right, without prior notice, to fully or partially suspend the provision of our services if the Client any obligation towards us, which includes the payment, for whatever reason, fails to perform well. Client acknowledges that it can never suspend its obligation to pay unilaterally.
6.6. Our invoices are considered accepted as final if they are not protested within fourteen (14) calendar days after the invoice date. This deadline is a deadline. The protest of a bill will we only be taken into consideration when writing by registered letter to the registered office of Beeple or by e-mail to firstname.lastname@example.org. Any protest of an invoice shall include at least the following information: (I) the date of the invoice and the invoice number; (Ii) the part of the bill being protested and (Iii) an explicit justification for the protest.
6.7. Beeple may on its own initiative change the fee. Where the fee is increased in a period of twelve months by more than 10%, the Client has the right to terminate the Terms and Conditions with a notice period of three months. Client must submit such termination in writing or communicate by e-mail to Beeple within fifteen days of the publication or disclosure of the increase above which threshold is reached.
7. UPDATES (MODIFICATIONS TO THE SOFTWARE)
7.1. Beeple can perform on their own initiative updates and / or modifications to the Platform. These updates and / or modifications are performed automatically, without that the Client must grant this permission and so the client can always enjoy the latest version.
7.2. No fee will be charged for updates and / or modifications Beeple conducted on its own initiative.
7.3. Performed updates and / or modifications shall be deemed to form part of the Platform and are subject to these Terms and Conditions.
7.4. Updates and / or modifications may have an impact on the functioning and availability of the Platform. Beeple will use reasonable efforts to limit this impact to a minimum.
8. PERSONAL DETAILS
8.1. Beeple stresses that in the processing of the data, including personal data, but will act as a processor within the meaning of the Act of December 8, 1992 on the protection of privacy with regard to the processing of personal data («Privacy Act") . Client will act as the responsible for the processing of personal data. We will not process your Personal Information for purposes other than the provision of services, unless otherwise provided in these Terms and Conditions. We will only process this personal information at your request and in the context of this agreement and for the duration of this agreement, unless otherwise specified.
8.2. Client is responsible for its bligations in its capacity as responsible for the processing of personal data as specified in the Privacy Act, to comply.
8.3. Beeple confirms that it complies with its obligations as a processor of personal data in accordance with the Privacy Act. This includes that we will proceed where possible to pseudonymisation and encryption of the Personal Data and the technical and organizational measures for the processing of personal data.
8.4. In order to allow Beeple to provide the Services, Client will submit at least the following Personal Information:
Name, address, national identification number, nationality, email, phone number, contact information in case of emergency, bank account number, place of birth, social status, profile picture.
8.5. If the Client also transfers to Beeple Personal Information concerning health , the Client must notify Beeple explicitly about this.
8.6. For the processing of personal data, Beeple will possibly rely on a third party, as defined in Article 2.7 of these Terms and Conditions, but is not obliged to do so. This third party will be classified as a sub-processor. The sub-processor is explicitly requested by Beeple to process the Personal Data not outside the European Economic Area. Beeple indicates that this sub-processor provides sufficient guarantees in respect of the technical and organizational security measures with regard to the processing of personal data. You agree to use this sub-processor.
8.7. Beeple may use the Personal Information provided by you for statistical and analytical purposes.
8.8. Beeple will keep these personal data for the duration of these Terms and Conditions. At the termination of these General Terms and Conditions, these data will be deleted or anonymized, as defined in Article 4.4 of these Terms and Conditions.
9. AVAILABILITY (SERVICE LEVEL)
9.1. Beeple endeavors and will provide all necessary and reasonable effort to enable the Platform to provide clients for 99.99% of the time (calculated from midnight on the first day of the month until midnight on the last day of the month). This is an obligation of means and not of result.
9.2. Parties affirm Beeple will not be liable for unavailability of the Platform, due to: Force majeure
Circumstances attributable to the Client; Circumstances attributable to third parties;
Maintenance (including updates and adjustments) of the Platform
9.3. Conditions enumerated in Article 9.2 will not be included in the availability rate listed in Article 9.1.
9.4. Beeple the client will inform in advance at least 24 hours of scheduled maintenance (including updates and adjustments) of the Platform.
9.5. The only fee that can obtain client for the absence of the availability percentage is the ability to be able to fill 5% extra jobs / days / hours / person without a fee being charged for this.
10. HELP DESK AND SUPPORT
10.1. The client can rely on a help desk and support for Beeple. Conditions and tariffs for this are available on our website or on individual request.
11. DURATION AND TERMINATION
11.1. The term of this agreement is consistent with the formula chosen by the client in the registration process for the Services.
11.2. If the Client fails to fulfil its obligations under these Conditions (except in case of fraud or gross negligence), Beeple will without any formalities, serve the Client with a notice of default. The Client has a period of fifteen days following the formal notice to fulfil its contractual obligations. If the client does not respond here, this qualifies as a gross negligence.
11.3. In the event of fraud or gross negligence, Beeple has the right to terminate this agreement with immediate effect, without any formality. The already paid fees, including those relating to the remaining maturity, remain vested by Beeple.
Beeple will not be responsible for or liable for the compensation of intangible, indirect or consequential damages, including (but not limited to) loss of profits, loss of revenue, loss of income, restrictions on production, administration or staff costs, an increase in general costs, loss of clientele or claims of third parties, except in cases where the damage was caused by fraud and wilful misconduct on account of Beeple.
12.1. In no event, Beeple will be obliged to pay compensation that is higher than the fee paid by the Client in the last 12 months prior to the accident.
12.2. Client will Beeple and third parties appointed by Beeple to perform the Services, indemnify and assist in law for any damages (including, but not limited to the courthouse and attorneys' fees) caused by the Client as a result of non- compliance with its contractual obligations.
13. ADJUSTMENTS TO GENERAL TERMS AND CONDITIONS
13.1. Beeple may unilaterally amend these General Terms and Conditions. We will inform the Client about such changes via e-mail or messages in the software. These amended terms take effect automatically thirty days after publication or notification of the modified Terms and Conditions. If the adjustment relates to essential elements of this agreement, the Client is entitled to terminate the contractual relationship with a notice period of three months. During this notice period, the modified Terms and Conditions shall not apply. Client shall submit such termination in writing or communicate by e-mail to Beeple within fifteen days of the publication or disclosure of the modified Terms and Conditions.
14. OTHER PROVISIONS
14.1. The Client acknowledges and accepts that any change in the ownership or management of Beeple cannot give rise to termination of the agreement between the parties and / or these Terms and Conditions.
14.2. These Terms are governed by Belgian law.
14.3. The courts of Antwerp, Department of Antwerp have exclusive jurisdiction on disputes relating to these Terms and Conditions.