Terms of service
GENERAL CONDITIONS OF USE FOR THE NUVONET WEB PLATFORM FOR THE LOCAL SERVICE PROVIDER
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions are used for the application of the current General Terms and Conditions:
Start Date means the date on which the Client accepted these conditions upon his registration on the Nuvonet Web Platform, and on which Nuvonet started the supply of Nuvonet Services to the Client.
Data of the Client means all data, information, texts, graphics and other materials on any electronic or physical carrier whatsoever, that are provided by the Client to Nuvonet and/or sub-contractors, or that Nuvonet must generate, collect, process, store and/or transfer under this agreement.
Nuvonet: fifthplay, a public limited company with registered office at Industriepark West 40, 9100 Sint-Niklaas (Belgium) and registered in the Register of Legal Persons in Termonde (Dendermonde) under number BE 0442.833.209 (fifthplay), or the transferee of these Terms and Conditions and the agreement, as provided in Article 9.1.
Nuvonet Services means the services that consist of Nuvonet making the Nuvonet Web Platform available, through which the Client can offer his services and products to (potential) customers.
Intellectual Property Rights means all rights to inventions, patents, copyrights (including rights on computer software), databases, domain names, designs, models, brands, business secrets, know-how and any other intellectual property rights (whether registered or unregistered), anywhere in the world.
Nuvonet Project means the concept through which residents of a community are able to make remote use of all kinds of services, and are able to order products and services from service providers by means of an online platform (the Nuvonet Web Platform), made available by Nuvonet.
Nuvonet Web Platform means the central Internet Platform made available by Nuvonet to the Client within the context of the Nuvonet Project, and which operates as a local marketplace where orders, information and settings of the Client and the consumers will be displayed and stored.
Customer: any natural or legal person who makes use of, or wishes to make use of the Nuvonet Web Platform in accordance with the general terms and conditions accepted by him, and to whom the Client can offer his services and products in accordance with these Terms and Conditions.
Client: any natural or legal person who wishes to offer his products or services through the Nuvonet Web Platform in accordance with these Terms and Conditions, as adopted pursuant to article 8.1.
Terms and Conditions: the current General Terms and Conditions of Nuvonet.
Business Day means any day from Monday to Friday, from 9 a.m. to 5 p.m., except Belgian public holidays.
1.2 The Client and Nuvonet are collectively referred to as the Parties and individually as the Party in these Terms and Conditions.
2. SERVICE PROVISION
2.1 From the Start Date and during the entire period that the Client makes use of the Nuvonet Web Platform, Nuvonet will provide the Client with the Nuvonet Services in accordance with these Terms and Conditions.
2.2 Nuvonet does not provide any "fitness for purpose" guarantee whatsoever regarding the suitability of the Nuvonet Web Platform, and does not guarantee the uninterrupted availability of the Nuvonet Web Platform and the Nuvonet Services.
3. OBLIGATIONS OF THE CLIENT
3.1 The Client is responsible for his own (business) transactions and (business) relations through the Nuvonet Web Platform, and for obtaining and maintaining any licenses, authorisations or permits required in the context of such transactions and relations, and of this agreement.
3.2 The Client undertakes to indemnify Nuvonet against and compensate Nuvonet for all claims, demands and convictions arising from the Client’s non-compliance with his obligations under these Terms and Conditions. The Client will indemnify Nuvonet with regard to any losses, damage, costs, expenses and other liabilities (including, but not limited to, fees for legal and other professional advisors) suffered/incurred by or imposed on Nuvonet as a result of or in connection with the above, in accordance with Article 7.
3.3 The Client undertakes to use the Nuvonet Web Platform in accordance with all applicable laws and regulations, including but not limited to the law on market practices and the law on specific legal aspects of the services of an information company.
3.4 The Client undertakes not to abuse the Nuvonet Web Platform. More specifically, but without being exhaustive, the Client is not permitted:
The use of the Nuvonet Services is free-of-charge for the Client.
5. INTELLECTUAL PROPERTY
5.1 The Client acknowledges that he has no Intellectual Property Rights to the Nuvonet Web Platform. All Intellectual Property Rights contained in the Nuvonet Web Platform are owned by or licensed to Nuvonet.
5.2 Nuvonet merely grants the Client the right to use the Nuvonet Web Platform for the duration of the agreement to display information about the Client’s goods and services, and to offer these goods and services to consumers who make use of the Nuvonet Web Platform. The Client will not obtain any other rights on the Nuvonet Web Platform other than those described above.
5.3 For the duration of the agreement, the Client grants Nuvonet a non-exclusive, royalty-free right to reproduce and to modify the Client’s Data if Nuvonet deems this necessary in the context of the provision of Nuvonet Services to the Client.
5.4 It is forbidden for the Client to reproduce or modify the design, the lay-out, the text, the data, the databases, the domain name, the software (both the binary and the source code), the drawings, logos and/or images on the Nuvonet Web Platform in any manner whatsoever without prior written consent from Nuvonet.
6. PROTECTION OF PRIVACY
6.1 Nuvonet and the Client undertake to comply with the laws and regulations relating to the protection of personal data.
6.2 If Nuvonet processes personal data in connection with the provision of Nuvonet Services, the Parties agree that Nuvonet is to be considered as the processor, and the Client as being responsible for the processing in accordance with the law on the protection of personal data. Under these Terms and Conditions, Nuvonet will only process personal data pursuant to the instructions of the Client in the context of the provision of Nuvonet Services.
6.3 The Client herewith instructs Nuvonet to process personal data in connection with Nuvonet’s provision of Nuvonet Services to the Client.
6.4 The Client acknowledges that Nuvonet has implemented the necessary technical and organisational security measures in accordance with the law on the protection of personal data in order to ensure secure processing of the data.
7. LIABILITY AND INDEMNIFICATION
7.1 Subject to any other rights, Nuvonet is liable in no way whatsoever for any damage that is caused:
7.2 The Client will indemnify Nuvonet against, and compensate for any claims or demands on the Client from third parties on the basis of any fault or damage arising from the circumstances listed above. The Client will indemnify Nuvonet against, and compensate for, among others, (i) any demands and claims of consumers who have suffered damage as a result of the products or services that have been offered on the Nuvonet Web Platform, and (ii) any violation of any legal obligation of any third party right.
7.3 Except in the case of deliberate error, Nuvonet will never be liable for:
7.4 In any case, the liability of Nuvonet will be limited to a maximum amount of € 5,000, and this for the entire duration of the agreement.
7.5 Any claim for compensation must be reported by the Client to Nuvonet in writing and within 7 Working Days after the date on which the damage occurred, or after the date on which the damage could reasonably be detected. Late notification results in the loss of the right to compensation.
8. CONTRACT CLOSURE, DURATION AND TERMINATION
8.1 By clicking on the "I agree" button while creating his profile on the Nuvonet Web Platform the Client accepts these General Terms and Conditions and enters into an agreement with Nuvonet that is governed by these General Terms and Conditions.
8.2 The agreement is entered into for an indefinite period and can be terminated by either party with a notice period of one (1) month by sending an e-mail or a registered letter.
8.3 In the case of default by the Client, Nuvonet will be entitled – without prejudice to its termination rights – to immediately suspend the provision of the Nuvonet Services until any fault is completely remedied and any damage is fully compensated.
8.4 Nuvonet will be entitled to terminate this agreement upon written notice (by e-mail or registered letter) to the Client under this agreement and without judicial intervention in the case of default by the Client when this default cannot be remedied or, in the case that the default can be remedied, the Client fails to remedy the default within thirty (30) days, starting from the date of the receipt of a written notice of default.
9. MISCELLANEOUS PROVISIONS
9.2 Amendment of the Terms and Conditions
9.3 Applicable legislation and competent court
9.5 Nullity and unenforceability
Last revised on 17 September 2012