These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of WEBHERO bvba for Webhero Bookings with registered office at 3001 Leuven, Grauwmeer 1 and registered in the KBO under number BE0502.554.921 (hereinafter: “Webhero”).

Article 1 - Scope

These General Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to Webhero Bookings offered by Webhero and offered to professional and/or private customers (hereinafter: “Client”). These General Terms and Conditions can be changed at any time and apply to the exclusion of the general terms and conditions of the Client.

Article 2 - Quotations

The Client always has the option to test the Webhero Bookings Cloud Software (both the management module and the booking page) via a URL specifically provided for the Client with a password for the management module. The agreement between Webhero and the Client is concluded at the moment that the Client starts using the software to receive bookings.

Article 3 - Price and payment

The full Cloud Software including IOS App (hereinafter: Webhero Bookings) is free to use for the Client.

Any processing costs charged to the Client's customer for a booking via the Webhero Bookings Cloud Software are automatically and fully transferred to Webhero. The Client receives an invoice on a monthly basis for the automatically paid processing costs, which can be passed on to the Client's accountant.

The processing fee is calculated on the basis of a fixed percentage and can be changed at any time.

Article 4 - Execution

The execution of the agreement always takes place to the best of its knowledge and ability and constitutes an obligation of best efforts towards the Client.

The Client is responsible for providing all necessary information in a timely manner, or for answering all questions from Webhero in a timely manner. Webhero can never be held responsible for any delay in the implementation due to the non- or late notification of documents. In this case, Webhero can also decide to suspend the execution of the agreement until receipt of the necessary documents and information.

Article 5 - Delivery and term

After confirmation of the assignment by the Client to Webhero and after delivery of the required material by the Client, the set-up of the booking environment will be started as soon as possible.

Any delivery term indicated by Webhero is always indicative and does not bind Webhero in any way. By exceeding this indicative delivery term, Webhero is in no way in default and the Client is not entitled to suspension of the performance of the agreement, dissolution of the agreement or any compensation.

The Client acknowledges and accepts giving Webhero the opportunity to refer to it for promotional purposes, unless the Client expressly opposes this. Furthermore, Webhero reserves the right to add a modest credit statement to the footnote of the web pages on the booking page it has developed.

Article 6 - Terms of use software

By requesting a demo version of the software, requesting a quotation or concluding the agreement with Webhero regarding the start-up, maintenance and hosting of an account via Webhero's software, the Client also agrees to the terms of use of the software.

The Client undertakes to refrain from using the booking page for purposes that are contrary to public order, morality or any legal obligation, infringe the rights of third parties or refuse to comply with the reasonable guidelines requested by Webhero. to live.

The Client is not permitted to place or distribute unlawful, unauthorized, prohibited, racist, xenophobic, defamatory, obscene, offensive, insulting, inappropriate or discriminatory topics or statements on or via the booking page, in any way. It is prohibited to impersonate or appropriate the identity of a third party, to infringe on its image or, in general, on its privacy by means of the booking page, or to disregard the intellectual property rights of third parties.

In case of non-compliance with these terms of use, Webhero reserves the right to take the booking page of the Client offline after sending a warning, without the Client being able to claim any compensation. If the Client continues to act contrary to these terms of use after giving a warning, Webhero is entitled to terminate the agreement with the Client with immediate effect, without further notice and without judicial intervention, without the Client being able to claim any compensation. .

Article 7 - Duration of the agreement and termination

The Client can cancel the Booking Software at any time without taking into account a notice period. The cancellation by the Client can be reported by e-mail via bookings@webhero.be.

The use of the Cloud Software Webhero Bookings can be terminated at any time by Webhero unilaterally and without judicial intervention in the event that the Client is in a state of bankruptcy or a judicial composition has been reached; the Client uses the booking page for purposes that are contrary to Webhero's terms of use or purposes that are contrary to public order, morality or any legal obligation, infringes the rights of third parties or refuses to provide the reasonable guidelines requested by Webhero regarding the use to live up to. In this case, Webhero is never obliged to pay any compensation to the Client and the Client acknowledges and accepts to indemnify Webhero against any claim from third parties.

Article 8 - Intellectual property rights

Webhero retains all intellectual property rights with regard to all ideas, designs, concepts, etc. produced by it, including the programming code to the extent that these can be regarded as a creation process within the meaning of the intellectual property legislation. Any transfer of any designs, concepts, ... that are protected by intellectual property rights can only be done expressly and in writing.

Article 9 - Confidentiality and Privacy

Webhero undertakes to treat confidentially any (company) information of the Client that could be regarded as confidential.

Webhero declares to comply with the privacy legislation as included in the General Data Protection Regulation. In the context of privacy legislation, Webhero must be regarded as the processor of this personal data of the Client to which it has access in the context of the execution of the agreement with the Client. The personal data of the Client to which Webhero has access are limited to these personal data that have been included in the management module of the Booking Software of the Client, such as bookings, data of customers who have ordered goods/services via the booking page.

These personal data will only be processed within the limits of the instructions of the Client. The Client itself is responsible for ensuring a legal basis for this processing activity by Webhero with regard to its Clients.

Webhero declares to take adequate technical and organizational security measures in order to protect the personal data of the Client against loss, hacking, destruction as well as any other form of illegal processing. If Webhero determines that illegal processing has taken place, it will inform the Client of this within 48 hours of its discovery.

The personal data stored in Webhero's systems and which cannot be transferred or returned to the Client will be destroyed by Webhero upon termination of the agreement, except for these personal data that Webhero must keep on the basis of an obligation imposed on it. legal obligation.

The Client acknowledges and accepts that Webhero rents servers from third parties that are hosted within the European Union. These third parties must be regarded as sub-processors with regard to the Client and the Client expressly agrees to this. Webhero undertakes to provide the necessary provisions in the agreement with these sub-processors to ensure that this processing takes place in accordance with the General Data Protection Regulation.

Webhero is also responsible for the Processing of your personal data and will carry out this processing in accordance with its privacy policy, which you can consult via the following link: https://www.webhero.be/privacy.

Article 10 - Liability

The performances performed by Webhero must always be regarded as obligations of means and never as an obligation of result.

Webhero is not liable except in case of intent or gross error. In addition, we are not liable for any direct or indirect damage (such as e.g. consequential damage, lost profit, lost savings or damage due to business interruption) for which we have not expressly determined our liability in these terms and conditions. Webhero's liability will in all cases be limited to the amount of the price stipulated for that order (excluding VAT).

Webhero can never be held liable for damage caused by the provision of incorrect or incomplete data by the Client or the failure to provide it on time by the Client, nor for damage caused by defects, viruses, etc. to the Client's systems; the loss or theft of the Client's passwords through his actions; the loss of data due to the fault or negligence of the Client…

Webhero makes every effort to provide access to the Booking Software 24 hours a day, 7 days a week. Given the technical characteristics of the Internet and IT resources and the need to carry out periodic maintenance, update or upgrade work however, Webhero cannot guarantee uninterrupted access and service. In the event of normally acceptable interruption or disruption of access or service, Webhero will make every effort to remedy this within the shortest possible time. Such normally acceptable interruptions or malfunctions are inherent to the provision of services via the internet and cannot be regarded as shortcomings on the part of Webhero.

The Client acknowledges and accepts that Webhero can regularly make software updates with the aim of making the Booking Software better, more efficient or safer for the vast majority of customers at its own discretion. These updates may consist of new features or improvements, enhancements, limitations or deletions of existing features.

The Client undertakes to indemnify Webhero at all times against all claims from third parties, such as, but not limited to: claims regarding intellectual property rights of third parties, non-compliance with the Terms of Use of Webhero by the Client, etc.

Article 11 - Force majeure

In case of force majeure, Webhero is not obliged to fulfill its obligations. In that case, it can either suspend its obligations for the duration of the force majeure, or dissolve the agreement definitively.

Force majeure is any circumstance beyond the will and control of Webhero that prevents the fulfillment of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business failures, power failures, failures in a (telecommunication) network, data center or connection or communication systems used and/or the failure to availability of the Cloud Software, non-delivery or late delivery of suppliers or other engaged third parties,…

Article 12 - Nullity

If one or more provisions of these General Terms and Conditions should be declared null and void or become unenforceable, this will not affect the legality, validity and enforceable character of the remaining provisions of these General Terms and Conditions.

Article 13 - Jurisdiction and Applicable Law

Belgian law applies to all disputes related to or arising from offers from Webhero or agreements concluded with it. In the event of disputes or disputes, only the courts of the judicial district of Leuven are competent.