GENERAL TERMS AND CONDITIONS
PART I. GENERAL PROVISIONS APPLICABLE TO ALL USERS
In these General Terms and Conditions, the terms below have the following meanings:
- General Terms and Conditions:the present terms and conditions regarding the website http://nl-be.usgprofessionals.be, which apply to the use of the Website and all Services offered and purchased through the Website.
- USG Professionals: the Belgian ‘naamloze venootschap’ (public limited company), ‘USG Professionals N.V.’, with its registered office established at Berchemstadionstraat 76, 2600 Berchem, Belgium, registered in the Register of Legal Entities (Rechtspersonenregister: RPR) in Antwerpen, under enterprise number 0433.236.444.
- Website: The website operated by USG Professionals N.V.http://nl-be.usgprofessionals.be.
- User: A person visiting and/or using the Website.
- Registered User: Any User registered on the Website (Community Member, Customer or Partner).
- Community Member: Any private User who has registered on the Website
- Customer: Any Registered User who purchases Services through the Website. The Customer may be a Community Member (Private Customer) or a legal entity (Legal Entity Customer).
- Partner: Any Registered User who provides Services and/or delivers content via the Website. The Partner can be a private individual or a legal entity.
- Login: Email address of the Registered User, which the Registered User combines with their password to access their account (Dashboard).
- Community Network/ thee Community:the social network protected on the Website for the purposes of the Registered User, which they can only access using their Login and password.
- Dashboard:a personal part of the website that has been protected for the Registered User that can only be accessed using their Login and password.
- Business Solutions Dashboard :a personal part of the website protected for the Legal Entity Customer where the Legal Entity Customer can create a Business Profile and manage purchases.
- USG Professionals Account :free Account on the Website obtained by the Registered User merely by registering.
- Data and File: all data and files placed on the Website by USG Professionals, including but not limited to jobs, personal data, advertisements, texts, email addresses, HTML code, information, images, photos, visual and audio material (whether moving or still), formats, online tests, test results, software, etc., in the broadest sense, with the exception of the Material placed on the Website by the Registered User.
- Material: All material posted by the Registered Users on the Website, including but not limited to Vacancies, logos and company data or any other advertising material, images, photos, visual and audio material (whether moving or still), formats, graphics, etc.
- Profile: the Profile created by the Community Member or Legal Entity Customer when registering with details about them, the training courses followed, their work experience, interests and ambitions, including all other Materials added to these, in the broadest sense.
- Profile Database: the collection of Profiles posted on the Website by the Legal Entity Customer and/or Community Member. If the Community Member has indicated in their Profile Database that they are looking for a job, a freelancer or a student, their Profile can be consulted by Customers and by USG Professionals.
- Services: All services that are or may be purchased by the Customer through the Website or offered free of charge via the Website as further described in PART III of these General Terms and Conditions and the Service Catalogue.. Each of these individual Services are also referred to jointly as the ‘Service’.
- Event(s): a meeting organised by USG Professionals, a Partner or a third party for the purpose of conveying knowledge and/or skills.
- Vacancy: An advertisement and/or vacancy posted by a Customer on the Website, including all other Materials added thereto, in the broadest sense.
- Packages:service packages purchased by the Customer via the Website and provided by USG Professionals to enable the Services provided in the Package concerned to be purchased via the Website for a specific Validity Period.
- Activation Period: the period in which the Account is valid/activated.
- Validity Period: the period during which the purchased Package or purchased Credits can be used via the Account.
- Credit(s) :The units which the Customer receives when purchasing a Service and which they can use for that particular Service or the units which they can donate via the Website to another Registered User for that particular Service. At the end of the Activation Period and/or Validity Period, the number of unused Credits will automatically expire.
- Service Catalogue: The description of all Services and Packages that can be purchased through the Website and which is published on the Website.
- Candidates: Community Members who respond via the Website to a Vacancy / job post of a Legal Entity Customer and/or jobseekers, freelancers and/or students from the Profile Database and/or Community Members designated by the Customer to complete a test.
Words written in the singular shall be understood to include reference to their plural forms, and vice versa. Where the text refers to he/him, please also read she/her.
2 Applicability of the General Terms and Conditions
1. The present General Terms and Conditions apply to every access and/or use of the Website by Users (whether Registered or not), with the proviso that:
- Deel I van deze Algemene Voorwaarden voor alle Gebruikers geldt ;
- Deel II van deze Algemene Voorwaarden alleen geldt ten aanzien van Geregistreerde Gebruikers ;
- Deel III van deze Algemene Voorwaarden geldt voor Klanten die Dienst(en) aankopen die door USG Professionals via de Website worden aangeboden. The Services are further described in the Service Catalogue as published on the Website.
2. By accessing the Website or by using this Website in any way whatsoever, the User accepts to be bound by these General Terms and Conditions
3. A purchase of a Service and/or a Package can only be made if the Customer has explicitly accepted these General Terms and Conditions. The application of any general terms and conditions of the Customer is expressly excluded.
4. The User warrants that the person who obtains access to the Website by means of their computer will also comply with these General Terms and Conditions.
5. USG Professionals has the right to amend these General Terms and Conditions at any time. It will then inform its Users of the new General Terms and Conditions through its Website. If the User continues to use the Website after the General Terms and Conditions have been amended, this implies that the User has irrevocably accepted the amended terms and conditions.
6. The prevailing Terms and Conditions are available for inspection at all times on the Website.
3: Purpose of the Website
The Website aims to bring the Community Members into contact with each other, share experiences, and inspire each other in their daily tasks and ambitions.
The Community generates a database of Profiles for Customers and Partners. In addition, all manner of Services can be purchased via the Website (hereinafter collectively referred to as ‘Purpose’).
All this shall be done in accordance with the provisions of these General Terms and Conditions and the Privacy Statement below. The Privacy Statement can be foundhere.
4: Right of Use of the Users
- By accessing the Website, the User declares itself to be legally authorised to use this Website and/or the Services offered on it.
- USG Professionals grants the User a personal right to view and/or listen to its Website and the Data and Files and Material made available on its Website under the conditions described in these General Terms and Conditions, in the manner and in the format in which these Data and Files and Material are made available on the Website.
- The User is obliged to comply with all applicable laws and regulations (relating to privacy and otherwise).
- Any use of the Website and the Data and Files and Material posted on it is at one’s own expense and risk.
- The User shall act and behave in such a manner as may be expected from a careful and responsible User.
5: Unlawful use of the Website
- The User is not permitted to use the Website or the Data and Files and Material made available on the Website for any purpose other than that described in Clause 3.
- The User is not permitted to download, disseminate, reproduce, distribute, transmit, collect, publish or make available to third parties the Website or the Data and Files and Material made available on this Website.
- In addition, the User is prohibited from processing and/or recording the Data and Files and Material placed on the Website or from using it to send commercial messages, in the broadest sense, to other Users or third parties by any electronic means of communication (‘spamming’).
- Furthermore, the User is not permitted to disrupt the provision of services and/or Website and/or the network of USG Professionals, or to use it for:
- a. posting, reproducing, distributing or disclosing Data and Files or Material in any way they are not authorised to use, in a way third parties could object to, or which could in any way infringe on the rights (relating to intellectual property or otherwise) of USG Professionals, Customer, Partner and/or a third party (including other Users);
- b. posting, reproducing, distributing or disclosing Data and Files or Material in any way, which may be perceived as offensive, by or through which forbidden discrimination takes place (e.g. based on religion, personal beliefs, political views, gender, race, race, nationality, heterosexual or homosexual orientation, civil status, disability, chronic illness or age) and/or whose content is contrary to good taste or public decency (e.g. pornographic material), at the discretion of USG Professionals;
- c. posting, reproducing, distributing or disclosing Data and Files or Material in any way, which can be regarded as violent or otherwise objectionable, at the discretion of USG Professionals;
- d. posting, reproducing, distributing or disclosing Data and Files or Material in any way, which are not based on the truth, at the discretion of USG Professionals;
- e. posting, reproducing, distributing or disclosing promotional materials, junk mail, chain letters or any other form of communication aimed at reaching large groups of persons;
- f. the recruitment of paying or non-paying members, participants in games and/or customers, in the broadest sense;
- g. inciting other Users and/or third parties to violence and/or harassment and/or stalking of others in any way;
- h. illegal matters and/or purposes;
- i. infringement of the privacy of other Users and/or third parties;
- j. the provision of employment placement and/or recruitment and selection services;
- k. approaching other Users for purposes other than those which they have indicated they wish to be approached for.
5. Finally, the User is not permitted to obstruct other Users of the Website in their use of the Website and the services offered on it, or to cause loss or damage to USG Professionals, its Users and/or third parties. This is understood to mean, among other things:
- a. withholding information relevant to other Users and/or USG Professionals;
- b. violating the safety or security of the Website, or attempting to do so, in the broadest sense;
- c. the modification, deletion or rendering unusable of Data and Files or Material posted on the Website, in the broadest sense;
- d. accessing data not intended for them;
- e. logging in to a USG Professionals Account or server which the User is not authorised to access;
- f. copying or in any way modifying the HTML code composed by USG Professionals for its Website.
Each User is obliged to maintain the confidentiality of all Data and Files and Material of a secret or confidential nature that the User has obtained from USG Professionals and/or its Users. This does not include any Data and Files posted by USG Professionals on the Website and/or Material posted by its Users on the same with the intention of making it transparent to other Users.
7: Liability for Data and Files and/or Material
- USG Professionals has compiled the content of its Website with the utmost care. However, the Website contains Material that originates from its Users, Partners, Customers and/or third parties. These Users, Partners, Customers and/or third parties are themselves responsible for this Material and its content and USG Professionals is not liable for the accuracy and completeness thereof. Placement by third parties of (including Users, Partners and Customers) Material on the Website does not imply that USG Professionals endorses the content of this Material. USG Professionals has no obligation to check the Material posted on its Website prior to posting.
- The Data and Files originating from USG Professionals itself are only informative in nature and USG Professionals cannot be held liable for the accuracy and/or completeness of the Data and Files and/or their content.
- The USG Professionals Website contains references and/or links to one or more third-party websites, and third-party websites may contain references and/or links to the USG Professionals Website.
- References and/or links to other websites are only intended to increase the user-friendliness of the USG Professionals Website and USG Professionals is not responsible and in no way liable for the content of these other websites and for any consequences arising from visiting, consulting and/or using these websites and/or their content.
- When third parties include references and/or links to the USG Professionals Website on their website, this does not in any way mean that USG Professionals endorses the content of these websites. In addition, USG Professionals is in no way liable for the references and/or links to the Website contained on other websites.
8: Access to the Website, faults and interruptions
- USG Professionals cannot guarantee that its Website and Services will be accessible at all times without interruptions and/or malfunctions and is therefore not liable for loss or damage resulting from technical defects, interruptions and/or malfunctions in accessing the Website and/or its Services. In addition, USG Professionals is not liable for possible adverse interference with the system and/or software of the User or third parties.
- USG Professionals will make every effort to remedy any technical defects, interruptions and/or malfunctions in the access to the Website and/or its Services as soon as possible.
- If an interruption and/or malfunction is caused by a User or a third party whose actions can be attributed to the User, all related loss or damage and consequences shall be for the account of that User. The User shall indemnify USG Professionals in this respect.
- USG Professionals is entitled to suspend, restrict and/or terminate its Website and/or the Services, whether temporarily or not, without being liable in any way for any loss or damage resulting from this.
9: Use by Users and/or other users and/or third parties
- USG Professionals shall make reasonable efforts to protect its systems and Website against unlawful use and misuse. However, USG Professionals cannot guarantee that third parties (including its Users) will not use and/or abuse their systems and/or Website (and the Data and Files and Materials placed on them) unlawfully and is not liable in this respect.
- In addition, USG Professionals is not liable in any way whatsoever for the non, incomplete or incorrect compliance of its Users with these General Terms and Conditions, other conditions set by USG Professionals and/or the applicable laws and regulations (including privacy legislation).
- If the Material posted by the User on the Website is copied, moved and/or posted by third parties on one or more other websites, the User now and for henceforth grants USG Professionals the right to act against this on behalf of the User if, in the opinion of USG Professionals, this is justified.
10: Virus protection
- All activities carried out by the User on the Website must be free of viruses, worms, bots, Trojan horses or other software that can damage computer systems, Files or Data, or render the same unusable or inaccessible, or delete them or appropriate them. In addition, the User is not permitted to interfere with the Website and Services of USG Professionals by means of viruses, worms, bots, Trojan horses or other software that may damage computer systems, Files or Data or Material, or render them unusable or inaccessible, or delete or appropriate them.
- The User is obliged to ensure good virus protection with regard to all means, Data and Files and Material used by the User. The User must also protect their computer system in such a way that third parties cannot gain unauthorised access to it.
- USG Professionals is not liable for any loss or damage caused by possible viruses, worms, bots, Trojan horses etc., if these occur on the Website and/or in the electronic means of communication used by USG Professionals, despite the precautions taken by USG Professionals. USG Professionals is also not liable if its Website is hacked or cracked, in the broadest sense, as a result of which, for example, the Website and Services of USG Professionals are temporarily or permanently inaccessible, or the Material of its Users comes into the hands of third parties and/or is modified by third parties.
11: Infringement of intellectual property rights
- The User is aware that the Website contains Data and Files that are owned by USG Professionals and/or Material that is owned by Users and/or third parties and that are protected by applicable legislation relating to, among other things, intellectual property rights (including copyrights, related rights, patents, database rights and trademark rights).
- Nothing in these General Terms and Conditions or on the Website is intended to grant or transfer any intellectual property rights to the User. The use of the Data and Files and/or Material posted on the Website is therefore limited to what is described in these General Terms and Conditions.
- The User shall refrain from any activities that infringe any intellectual property rights.
- The User acknowledges that by making unauthorised use of the Data and Files posted by USG Professionals and the Material placed by its Users and/or third parties, they infringe these General Terms and Conditions and the applicable legislation.
- The User is not permitted to remove, hide, make unreadable or alter any notices and/or announcements concerning any intellectual property rights.
12: Compliance with the General Terms and Conditions and laws and regulations
- If the User does not comply with and/or observe their obligations under these General Terms and Conditions, or the applicable laws and regulations, they shall be fully liable for all loss or damage, costs, consequences and claims arising from this (including any claims of other Users and all related loss or damage, costs and consequences arising from this), in the broadest sense. The User shall then indemnify USG Professionals in this respect.
- In the cases referred to in Clause 12.1, USG Professionals is authorised to issue a warning to the User in this respect, to inform other Users, or to place the User’s IP address / IP addresses on a blocklist, thereby making it impossible to visit the Website and/or create a USG Professionals Account, the foregoing without incurring any liability for compensation and without prejudice to the right of USG Professionals to take further measures (legal and otherwise) or claim damages.
13: Limitation of liability of USG Professionals
1. To the extent permitted by law, USG Professionals is in no way liable for loss/damage, costs, consequences and claims (including any claims from third parties and all related loss/damage, costs and consequences) arising directly or indirectly from the use of its Website and/or the Services offered on it.
2. If and insofar as USG Professionals should nevertheless be liable in any way whatsoever, the following restrictions shall apply:
- Liability of USG Professionals for indirect loss or damage is excluded in all cases.
- Any liability arising from this and/or the use of the Website and/or the Services offered on it, is limited to a maximum amount of EUR 10,000 per event and a maximum of EUR 20,000 per calendar year.
- The liability of USG Professionals N.V. will in any event never exceed the amount paid out by its insurance in the case in question.
3. Complaints or claims must be submitted, under penalty of forfeiture, within one year at the latest from the date on which the User has established or should have established the negligence.
Cookies are used on the Website. The User has the right to disable or delete cookies. The User acknowledges that they are aware of the possibility that, if cookies used by this Website are disabled, they may not be able to visit certain areas of the Website, or that certain settings will not be remembered if they return to this Website later (e.g. certain pages will not open, certain videos will not play or certain data will not be saved to be filled in automatically on a subsequent visit).
15 Force majeure
In case of force majeure, USG Professionals is not obliged to fulfil its obligations towards the User. USG Professionals is authorised to suspend its obligations during the period of force majeure. ‘Force majeure’ is understood to mean: any circumstance beyond the control of USG Professionals that prevents it from fulfilling its obligations towards the User or a third party in full or in part.
If any provisions from these General Terms and Conditions should become void, voidable, or found to be contrary to the law, in part or as a whole, it shall be deemed to stand on its own and will not apply. USG Professionals will in such case replace the provision in question by a provision of similar effect which is not void, voidable or contrary to the law, in part or as a whole. All other provisions of the General Terms And/or Conditions will remain in full force.
17 Questions, comments and complaints
If the User has questions, comments and/or complaints regarding USG Professionals, the Website, registration and/or Services, they can contact the USG Professionals Helpdesk on working days between 8:30 and 17:00 on telephone number +32 (0)3 800 4020 or by email firstname.lastname@example.org.
USG Professionals will deal with the question, comment or complaint as soon as possible.
18 Applicable law and Settlement of disputes
These General Terms and Conditions are governed by Dutch law. Only the Courts of the district of Antwerp (Antwerp department) – to the exclusion of all other courts – has jurisdiction in any disputes.
PART II. PROVISIONS APPLICABLE TO REGISTERED USERS
In addition to the General Provisions (Part I) of these General Terms and Conditions, the provisions contained in this Part II apply to Registered Users (Partners, Customers and Community Members) who register with USG Professionals and thus gain free access to a USG Professionals Account.
- To be able to make use of USG Professionals and/or its Services, the User must register using the online registration form, with which they must create a USG Professionals Account as described on the Website. Among other things, the User will be asked to create a username, password and login that will enable them to log in to their personal USG Professionals Account / Dashboard.
- When registering, the Private User must create their Profile and select their status: Employed, Job seeker, Student or Freelancer. Persons under the age of sixteen may only register with the consent of a parent or guardian. Each Private User, may create a maximum of one USG Professionals Account (or have one created).
- USG Professionals is free not to accept the registration of a User. In this case, no USG Professionals Account will be created.
- After approval of their registration, the User will receive – if possible within one working day – a confirmation email of their Login. Registered Users are required to handle their username and Login carefully and to keep them confidential.
- Registered Users are not permitted to transfer their Login and/or USG Professionals Account, whether or not against payment.
- Registered Users are fully liable for the use of their Login, regardless of whether this use is made with or without their consent. The User must immediately inform USG Professionals about any misuse of the Login.
- USG Professionals is authorised to require its Registered Users to create a new Login.
20 Use of the Profile
- Every Registered User can manage their interests and applications within their USG Professionals Account via the Dashboard, register for Training and manage their Credits regarding the purchased Package.
- If and insofar as the Registered Private User has ticked the status of Jobseeker, Freelancer or Student on the Dashboard, the Profile can be consulted by Customers and by USG Professionals. The Registered User can determine per Profile item whether or not they want to make it accessible to the other Users. In which case, the Registered User will grant USG Professionals (within any limits they may have indicated) the right to have their Profile used, reproduced, distributed and made public with a view to matching their Profile with Customer Vacancies.
- The Registered User gives USG Professionals (within any limits they may have indicated) the right to have their Profile used, reproduced, distributed and published for the purpose of the services to be provided by USG Professionals (and the promotion thereof), including bringing other Registered Users into contact with each other by sending online messages.
- The Registered User also gives USG Professionals the right to contact them in order to offer them products and services of USG Professionals and/or Partners selected by USG Professionals based on the User’s Profile.
- USG Professionals reserves the right to adjust and/or shorten the Profile posted by the Registered User. In addition, USG Professionals is authorised to remove all or part of the Profile posted on the Website by the Registered User. Removing their Profile or any part of it shall not entitle the Registered User to any form of compensation.
After registration, the Registered User can change or delete the settings and data in their Profile at any time. In addition, they can also opt out of certain services, such as the digital newsletter, by making use of the so-called ‘opt-out option’.
21 Posting Material
- The Registered User guarantees that their Profile and any other Material posted by them is correct, complete and up to date
- By posting Material on the Website of USG Professionals, the Registered User grants USG Professionals the right to use, reproduce, distribute and publish this Material in the broadest sense.
- In addition, by posting Material on the USG Professionals Website, the Registered User agrees that this Material may be used by other Users and/or third parties.
- USG Professionals reserves the right to modify and/or shorten the Material posted by the Registered User on the Website of USG Professionals. In addition, USG Professionals is authorised to remove all or part of the Material posted on the Website by the Registered User. This will be done, among other things, if USG Professionals has received a complaint with regard to the posted Material and/or its content. Removing the Material or any part of it shall not entitle the Registered User to any form of compensation.
- The Registered User guarantees that they are fully entitled to the Material placed by them on the Website and that third parties have no objection to the placement of the aforementioned Material. In addition, the Registered User guarantees that the placement of Material does not infringe any right of a third party (including intellectual property rights and privacy rights) or violate any applicable laws and regulations, in the broadest sense.
- By posting the Material themselves, the User and/or Registered User accepts the risk that a third party (including other Users) may legally and/or illegally use and/or abuse this Material, without USG Professionals being liable in any way whatsoever.
- The Registered User fully indemnifies USG Professionals against all possible claims of third parties (including other Users) in any way arising from and/or related to the Material placed by them on the Website and/or the use thereof, including claims in connection with infringements of any intellectual property right.
22 Checking of the posted Material
- In order to guarantee the best possible quality of its Website and/or the Services offered on it, spot checks are regularly carried out with regard to the Material placed on the Website by its Registered Users.
- USG Professionals will have the spot checks referred to above carried out by one or more third parties selected by USG Professionals, for which these third parties will be given access to the Material posted on the Website. Registered Users acknowledge their express consent to this by posting Material on the Website. USG Professionals will oblige the third parties engaged by USG Professionals to handle the Material posted on its Website with care.
23 Privacy Statement
With regard to the registration and processing of the data (personal and otherwise) provided by the Registered Private User, reference is made to the prevailing Privacy Statement of USG Professionals. This Privacy Statement should be considered as an integral part of these General Terms and Conditions. The Privacy Statement appears as a link at the bottom of each page of the Website.
By mere registration, the Registered User unconditionally agrees withthis Privacy Statement.
24 Contacts between Registered Users
- USG Professionals seeks to bring Registered Users (Community Members, Customers and Partners) into contact with each other via its Website. USG Professionals cannot guarantee that its Community Members, Customers and/or Partners are authorised to conclude an agreement and/or enter into legal relationships. If and insofar as contact is established between the parties via the Website and this contact leads to any agreement and/or legal relationship between various Registered Users, USG Professionals shall never be a party in this.
- USG Professionals is in no way liable for any loss/damage, costs and consequences arising from contact between Registered Users and any agreements, concluded contracts and/or legal relationships entered into between themselves.
25: Free Services offered through the Website to Registered Users
Registered Users have free access to the Services as set out in Chapter 1.1 of the Service Catalogue by mere registration.
USG Professionals reserves the right to extend, cancel and/or modify the Services mentioned herein, without the Registered User being able to claim any form of compensation from USG Professionals.
26: Termination of the registration
- Registered Users can terminate their registration at any time by opting out via the Dashboard.
- USG Professionals is free to terminate registration of the Registered User immediately by (among other things) blocking the username and Login of the Registered User and by cancelling the USG Professionals Account.
- USG Professionals may in any case terminate the registration of the Registered User if the Registered User acts in violation of these General Terms and Conditions and/or other conditions set by USG Professionals, or in violation of the applicable laws and/or regulations and/or generally accepted internet code of conduct. In addition, a registration can be terminated in the event of misuse of a username and/or Login, unexpected technical problems and/or a longer period of inactivity, to be assessed by USG Professionals.
- USG Professionals shall never be liable to pay any compensation if it terminates the registration of and Registered User.
- Obligations arising from these General Terms and Conditions, which by their nature are intended to continue beyond the end of the Registered User’s registration period, shall remain in full force and effect after termination of the registration.
PART III. PROVISIONS APPLICABLE TO ALL CUSTOMERS PURCHASING A SERVICE VIA THE WEBSITE (REGISTERED PRIVATE USERS AND LEGAL ENTITIES)
In addition to the General Provisions for all Users (Part I), and in addition to the provisions for Registered Users (Part II) of these General Terms and Conditions, the provisions contained in this Part III are applicable to all Customers (both Private Customers and Legal Entity Customers) who purchase Services through the Website.
27: Description of the Services
USG Professionals undertakes to provide the Services in accordance with the provisions of these General Terms and Conditions and as agreed between the Customer and USG Professionals in the Order Confirmation (Clause 30). In addition, the specific Services are described in more detail in this Part III of these General Terms and Conditions, and in Chapter 2 of the Service Catalogue.
USG Professionals reserves the right to extend or reduce the Services offered via the Website at any time. In the event of a possible reduction, the Services already paid for will continue to exist during the Validity Period of the Package/Service purchased.
USG Professionals also reserves the right to offer services of Partners or other third parties via the Website.
28: Purchase of Credits - Ordering Services - Activation of an Account
A purchase of Credits / a Package is successful if the Customer has completed the entire ordering and payment process on the Website and has explicitly accepted these General Terms and Conditions. Online orders are further described in Chapter 2 and in the Service Catalogue.
Upon receipt of payment, the Customer will receive a confirmation email stating the Credits purchased for a specific Service/Package (‘Order Confirmation’). The Customer can consult the Activation Period, Validity Period and the Credits still available on their Dashboard.
29: Duration / Validity Period of the Services
The Credits for the purchased Services/Packages can be used during the term as stipulated in the Order Confirmation (‘Validity Period’). The Validity Period is determined per specific Service in the Service Catalogue.
The Credits for the purchased Services/Packages must be used within the Activation Period and are only valid for the remaining time of the Activation Period. The remaining Credits will automatically expire when the Activation Period / Validity Period has expired.
The Credits for a specific Service/Package are invoiced at the rates published on the Website at the time of ordering and as confirmed in the Order Confirmation. These rates may be adjusted by USG Professionals without justification or prior announcement. USG Professionals cannot guarantee the correctness of the rates for services offered by third parties at any time.
The rates on the Website are inclusive of VAT.
For Services that are not published on the Website, a separate agreement must be entered into between the Customer and USG Professionals.
32: Payment terms and conditions
- 1. The Legal Entity Customer buys the Credits for a specific Service/Package by using the Mollie platform on the Website, unless the Customer explicitly indicates in the ordering process that they wish to pay by invoice. In the event of non-payment on the due date of the invoice, the invoiced amount will be increased ipso jure and without prior notice of default by default interest equal to the interest stipulated in Section 5 of the Belgian Act of 2 August 2002 on the fight against payment arrears in commercial transactions, with a minimum of 10% per year. In addition, in the event of non-payment of the invoice on the due date, after written notice of default has been given, a lump-sum compensation of 15% of the amounts shall be due, with a minimum of EUR 150. In the event of non-payment, all payment terms and conditions shall lapse by operation of law and all invoices, even those that have not yet become payable, will become immediately due and payable.
In the event of non-payment, USG Professionals is entitled to suspend performance of the Services until payment has been made in full.
If the Client opts for a credit card payment, the terms and conditions of the card issuer will apply. USG Professionals is outside the relationship between the Customer and the publisher of the card.
- For Private Customers, payment must be made in advance, using a credit card and conventional electronic means of payment that are legally valid and internationally accepted.
33: Identity theft and bank card fraud
In order to ensure the security of online transactions, USG Professionals cooperates with authorised service providers for online payments and authorised credit card issuers, namely: Mollie. Payments can also be made with the following debit and/or credit cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, V-Pay, Maestro, and other cards that will be clearly and unambiguously listed on the Mollie website. The online payment is made via a secure closed system, where the bank details are encrypted every time they are sent via the internet (via an SSL connection). The risk of loss or theft of identity data or credit cards is thus minimised. USG Professionals stores the identity and credit card details in an encrypted and secure database for one year. USG Professionals believes that it has taken all possible and appropriate precautions and therefore acts as a normally prudent and careful online intermediary. Any theft of identity or financial theft therefore cannot be invoked against USG Professionals.
- By accepting these General Terms and Conditions, the Customer agrees to receive email newsletters and/or other commercial messages that help USG Professionals to maintain and improve its quality standards. The Customer has the right to withdraw their consent at any time by sending an email to the following address:email@example.com.
- The Customer also agrees that USG Professionals may use customer data for trend analyses and surveys on an anonymous basis.
35: Right of withdrawal
In accordance with the Belgian Act on market practices and consumer protection (Wet betreffende marktpraktijken en consumentenbescherming), a Private Customer has a period of 14 working days in which to exercise their right of withdrawal without giving any reason or being sanctioned. This withdrawal period starts to run from the day on which the contract is concluded, i.e. the day on which an email with a confirmation of the order has been sent.
In accordance with the provisions of Section VI. 53 of the aforementioned Act on market practices and consumer protection, the Private Customer expressly acknowledges and accepts that they do not enjoy a right of withdrawal linked to online or distance selling, if the delivery of the Service starts and is fully performed before the end of the legal period of 14 working days. In such a case, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
If the Private Customer finds themselves in the legal circumstances of having a right of withdrawal, they can exercise this right by sending a registered letter with acknowledgement of receipt to USG Professionals. In the event that USG Professionals makes legally valid and legally correct use of the aforementioned right of withdrawal, USG Professionals will repay the amount paid by the Private Customer within 7 working days via an internationally accepted payment method of its choice.
36: Limited guarantee
- USG Professionals warrants that it will perform the Services professionally, in accordance with industry standards.
- With the exception of the foregoing, USG Professionals does not give any further warranty, implied or explicit, including but not limited to warranties regarding fitness for a particular purpose, functionality or compatibility with specific software browsers or regarding the outcome of the Services.
- USG Professionals can under no circumstances guarantee that the Services and Packages offered will not be affected by any interruption whatsoever. The supply obligation is limited to a best efforts obligation.
37: Further terms and conditions concerning the Services
- USG Professionals and/or the third party selected or contracted by USG Professionals who offers or makes the Service or activity possible (wholly or partially) may impose further conditions with regard to the Service or activity (or use thereof). These further terms and conditions are to be regarded as forming an integral part of this part of these General Terms and Conditions, unless expressly stipulated otherwise in writing or otherwise.
- The Customer shall determine for themselves whether they wish to agree to the further terms and conditions as referred to in the previous subclause by making use of the Service or activity offered. USG Professionals is not liable with regard to any further terms and conditions (and/or their content) laid down by a third party it has selected or contracted.
- In the event of any conflict between this part of these General Terms and Conditions and the further terms and conditions set by USG Professionals and/or the third party selected or contracted by USG Professionals, the provisions of the further terms and conditions shall prevail.
- If the Service or activity consists of free or paid admission tickets for an event, in the broadest sense, USG Professionals can never be held liable if this event does not take place for any reason whatsoever, or if the User receives these admission tickets too late as a result of any shortcomings on the part of the postal or courier company responsible for delivering these admission tickets to the User. Neither shall USG Professionals be liable if the Customer fails to collect the admission tickets at the post office or at the designated location, or collects them too late.
The Customer undertakes to provide all information and Material required to perform the Services.
39: Additional provisions concerning the Services
The terms and conditions and specifications of the Services are described in more detail in Chapter 2 of the Service Catalogue.
If you have any questions or would like a tailor-made offer? Please contact USG Professionals on +32 (0)3 800 4020 or firstname.lastname@example.org.