EQUIHUB, part of Mos Pelgo Ventures, a private limited company incorporated under Belgian law, with registered office at Kerkstraat 90, 2222 Itegem, with VAT number BE 0803.995.683 and registered in the register of legal entities of Antwerp, Mechelen division.
Hereinafter: 'us', 'our', 'we', 'we' and 'EQUIHUB'
| 'Subscription' | The software license for the Software Tool and all associated usage rights that EQUIHUB makes available to the Customer and its associated Users, as specified in these Terms of Service, and which is granted for a specific Term. |
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| 'Subscription Fee' | The recurring amount paid by the Customer for the Subscription, primarily based on the selected Package and the limits of the Customer Account. |
| 'Admin' | A User who is responsible for an Admin User Account and who has the most extensive usage rights with respect to the Tool. More information can be found in this article in the support center. |
| 'Admin User Account' | A user account that is only accessible and usable by an Admin. |
| 'Services' | The services that EQUIHUB provides to the Customer in the context of the Agreement, including in particular the Subscription and, where applicable, the Onboarding Services. |
| 'Documentation' | All documentation, manuals or other materials related to the Services provided by EQUIHUB and available in the Tool and on the Website. |
| 'User' | Any natural person authorized by the Customer to access and use the Tool via a User Account and who is also individually bound by the terms of use and other relevant provisions of these Terms of Service. Admins and Non-Admin Users are collectively referred to as 'Users'. |
| 'User Account' | An individual user account on the Software Tool to which a User has access via their own unique and personal login. Admin User Accounts and Non-Admin User Accounts are collectively referred to as 'User Accounts'. |
| 'User License' | The ability for a Customer to invite a User to activate their own User Account as part of their current Subscription. |
| 'Renewal Date' | The date after the expiration of the previous Term on which the Subscription is automatically renewed for an additional Term. |
| 'Customer' | Any natural or legal person who enters into an Agreement with EQUIHUB. As the Services are exclusively intended for internal business purposes of the Customer, each Customer is considered a 'business' within the meaning of the Belgian Code of Economic Law and consequently cannot be a 'consumer' in their commercial relationship with EQUIHUB. |
| 'Customer Account' | The unique environment set up by a Customer to give its Users access to and use of the Tool. The Customer Account has its own configuration, a unique account number and includes all User Accounts linked to it, along with all Customer Account Data stored in it. |
| 'Customer Account Data' | All data (information, files, records or any other digital content), both personal data and non-personal data, that is directly entered and/or uploaded into the Customer Account by the Customer and its User(s) when using the Services, excluding data directly related to the Customer itself or its Users. |
| 'Customer Account Information' | All information about the Customer Account, the Customer and its associated User(s) and User Account(s) that EQUIHUB collects, manages and stores in the context of its Services, including, but not limited to: general company data, billing and payment data, details about Subscriptions, marketing preferences, log records, etc. |
| 'Notice' | Any non-commercial communication regarding the Services by EQUIHUB to the Customer (and, if applicable, to its associated Users) via its Website, email, messages (e.g. banners) in the Tool and/or via any other appropriate means of communication; |
| 'Non-Admin User' | A User with a Non-Admin User Account. |
| 'Non-Admin User Account' | A User Account created by an Admin for a Non-Admin User and for which the respective Admin determines the associated usage rights on the Tool within the limitations allowed by these Terms of Service. |
| 'Onboarding Services' | The services that EQUIHUB personnel offers and performs related to the creation and rollout of the Customer Account so that correct and effective use can be made of the Subscription. |
| 'Agreement' | The agreement regarding the Services that is concluded between the Parties when the Customer accepts these Terms of Service, either in writing or electronically, and which governs the commercial relationship between the Parties. The Agreement also includes the Data Processing Agreement attached as an appendix to these Terms of Service. |
| 'Package(s)' or ‘Plan(s)’ | The various paid packages or plans within the framework of the Subscription that EQUIHUB offers and from which the Customer can choose. A non-exhaustive overview of the functionalities included in each Package can be found on the Website. |
| 'Party' | Any party to the Agreement, either EQUIHUB or the Customer. EQUIHUB and the Customer are jointly referred to as the 'Parties'. |
| 'Personal Customer Account Data' | All Customer Account Data that is considered 'personal data' within the meaning of the Privacy Legislation. |
| 'Personal Customer Account Information' | All Customer Account Information related to the Customer and its Users that is considered 'personal data' within the meaning of the Privacy Legislation. |
| 'Privacy Statement' | EQUIHUB's privacy statement that specifically relates to the use of the Software Tool. |
| 'Privacy Legislation' | Collectively refers to (i) the General Data Protection Regulation of 27 April 2016 (the Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data or 'GDPR') and (ii) all Belgian implementing laws in this respect. |
| 'Term' | The initial or renewed term – namely one year – during which the Subscription is granted to the Customer and its associated Users. |
| 'Software Tool' or 'Tool' | The web-based and mobile Software as a Service application (SaaS application) 'EQUIHUB Focus' owned by EQUIHUB and its Affiliated Companies, and developed and maintained by them. A non-exhaustive overview of the functionalities of the Software Tool can be found on the Website. |
| 'Affiliated Company' | The company that is affiliated with a Party, as defined in Article 1:20 of the Belgian Companies and Associations Code. |
| 'Data Processing Agreement' | EQUIHUB's data processing agreement, available here. |
| 'Website' | EQUIHUB's official website about its Services that can be found at www.equihub.io and any other EQUIHUB website intended for the various countries in which EQUIHUB operates. |
| ‘Representative’ | An employee, contractor, or agent who is formally authorized by EQUIHUB to act on its behalf in business dealings with customers. |
EQUIHUB offers a software tool that ensures effective administration of horse stables for its customers. The Software Tool includes functionalities such as health monitoring of horses, daily task planning, calendar for appointments and competitions, breeding follow-up, scouting & sales, finances and invoicing. The software tool is available as a web and mobile application.
When ordering the Services, either via the Website or in any other way, the (potential) Customer will always be asked to accept EQUIHUB's Terms of Service and Data Processing Agreement. The Customer enters into an Agreement with EQUIHUB after accepting the Terms of Service and the Data Processing Agreement. Both the Terms of Service and the Data Processing Agreement are available to the Customer in the Software Tool.
The Customer expressly acknowledges that any acceptance of the Terms of Service by electronic means gives rise to a valid Agreement. This is fully in accordance with the provisions of the Belgian Code of Economic Law. Within the legally permitted limitations, EQUIHUB may use all available electronic files to demonstrate the existence of the Agreement.
Anyone entering into this Agreement on behalf of a legal entity declares and warrants that they are legally authorized to bind this legal entity to these Terms of Service.
EQUIHUB has the right at all times to request additional information about the signatory and the (potential) Customer. EQUIHUB has the right to terminate the Agreement or suspend the execution of the Services in case of (i) doubt about the identity of the signatory, (ii) doubt about the creditworthiness of the (potential) Customer and (iii) indications that the (potential) Customer intends to resell the Services without EQUIHUB's express permission. This termination of the Agreement or suspension of its execution does not under any circumstances give the counterparty the right to any form of compensation or damages.
Ordering
The (potential) customer can place an order through a Representative of EQUIHUB.
The Representative will create an order based on provided information:
An Agreement only becomes effective after electronic confirmation of the order or at the moment EQUIHUB makes the Services available to the Customer.
Delivery
After concluding the Agreement, the Customer gets access to the Software Tool. Providing an Admin User Account to the Customer is considered as a delivery of the Subscription.
Upon delivery of the Subscription, the Customer is expected to perform an initial check to determine if the delivered Subscription corresponds to the order. This includes, among other things, the functionalities included in the selected Package and the associated Usage Limits.
The Customer is obliged to inform EQUIHUB of any non-conformity via the helpdesk within 48 hours after delivery. If the Customer has not filed a complaint within 48 hours, they are deemed to have approved and accepted the delivery.
Under the Belgian Code of Economic Law or CEL, every consumer (i.e., any natural person acting for purposes outside their trade, business, craft or profession) has a right of withdrawal for products and/or services purchased via the internet, email or telephone.
As the Services are exclusively intended for internal business purposes, each Customer is considered a 'business' in the sense of the Belgian Code of Economic Law in their commercial relationship with EQUIHUB. Consequently, our Customers can under no circumstances exercise a right of withdrawal, neither with respect to the Subscription nor the Onboarding Services.
The commercial relationship between the Parties is exclusively governed by these Terms of Service. This Agreement supersedes and takes precedence over all previous agreements in connection with the Services that may have existed between the Parties.
These Terms of Service always take precedence over the Customer's general terms and conditions.
EQUIHUB reserves the right to change its Terms of Service, prices and Services at any time in the future. EQUIHUB commits to notifying the Customer of these changes via a Notice.
Only in case of substantial changes to the Agreement (such as a price increase, see Article 3.3) does the Customer have the possibility to object and, if the Parties cannot find a fair solution, to terminate the Agreement (see Article 8.1).
All promotions, commercial offers, discounts and announcements from EQUIHUB that are communicated via the website, email or in any other form (including, but not limited to catalogs, brochures, newsletters, flyers and other advertising announcements) are entirely non-binding and can only be considered by the (potential) Customer as an invitation to order the Services, unless explicitly stated otherwise. Any commercial discounts on the usual prices that are granted orally (e.g. by phone) must be confirmed in writing (e.g. on the corresponding invoice) to be valid. The (potential) Customer acknowledges that discounts only apply in accordance with the guidelines and conditions explicitly stated in this regard. Such discounts are considered to be granted one-time for the initial Term or the established duration and thus do not automatically apply to later (similar) orders. Any other practice should be considered as a commercial gesture on behalf of EQUIHUB and only applies as long as it is not revoked by EQUIHUB. The (potential) Customer acknowledges that discounts (and other business gifts) are not cumulative, are personal in nature and can never give rise to any acquired right.
All prices are exclusive of VAT and/or other taxes and (local) levies. All prices are in EURO and must also be paid in EURO.
Subscription
The Subscription Fee is based on the following parameters:
Additional information about the price of the Subscription can be found on the Website and in the Software Tool.
The most recent undisputed invoice will serve as proof of the agreed Subscription Fee that applies between the Parties at that time.
Onboarding Services
EQUIHUB offers the Onboarding Services for a fixed one-time fee. Additional information about the pricing of the Onboarding Services can be found on the order form.
Hardware
EQUIHUB offers additional Hardware for a fixed one-time fee. Additional information about the pricing of the Hardware can be found on the order form.
Extra services
EQUIHUB offers Extra services on a time and material basis at the following hourly rates:
Orders for extra services will be invoiced monthly. The invoiced amount will be supported by a clear cost statement.
Extra Costs
Travel and transportation costs outside a radius of 100km from Itegem may be charged to the customer. These travel and transportation costs will be clearly communicated to the Customer in advance.
General
Under no circumstances does EQUIHUB guarantee the maintenance of prices for any of its Services. EQUIHUB may adjust the price of one or more of its Services at any time.
In the event of a price increase that affects existing Customers, EQUIHUB commits to notifying its Customers at least one (1) month prior to the application of the new prices via a Notice.
Subscription Fee
Without prejudice to the provisions regarding indexation, an increase in the Subscription Fee of a Customer that takes effect during an ongoing Term is considered a substantial change to the Agreement. Therefore, the Customer will be given the opportunity to terminate the Agreement. The Customer must address this termination in writing to EQUIHUB before the new Subscription Fees take effect. If the Customer continues to use the Software Tool after the effective date, they indicate that they accept the revised prices.
Indexation
To the extent that the prices of the Services are based on the current level of wage costs, costs of components/parts, social security contributions and government charges, insurance premiums, costs of materials, exchange rates and/or other costs, EQUIHUB is entitled to index its prices accordingly in the event of an increase in one or more of these price factors, in accordance with legally permitted standards (for Subscription Fees: even during the current Term). An indexation cannot be considered a substantial change to the Agreement.
Upgrades
The Customer is free to switch to a higher Package (hereinafter referred to as 'Upgrades'). These Upgrades can be requested at any time during the Term through the Support desk.
All Upgrades requested by the Customer are activated immediately.
An additional fee will be charged on a pro-rata basis, taking into account the remaining portion of the current Term during which the Customer can make use of the Upgrade.
Downgrades
The Customer is free to switch to a lower Package (hereinafter referred to as 'Downgrades').
This notification must be made via the Support Desk no later than fifteen (15) days before the Renewal Date. If the Downgrade notification is made too late, EQUIHUB is entitled to invoice the Customer for the relevant Package for the entire next Term, even if the Customer no longer uses it.
Any Downgrades will only be implemented from the annual Renewal Date. Consequently, the Customer is not entitled to any refund for not using certain features of the Package during the current Term.
EQUIHUB provides a fair use policy for handling usage limits. If the Customer exceeds a usage limit, EQUIHUB will inform the customer. The Customer can then take the necessary actions to correct the situation. In case of repeated exceeding of the Usage Limits, EQUIHUB can unilaterally decide to increase the Subscription Fee pro rata for the remaining Subscription Period.
EQUIHUB grants the Customer a non-exclusive, non-transferable, non-assignable, worldwide limited right to use the Software and all (future) updates thereof solely for its internal business operations.
The Customer declares and warrants in any case (i) that all provided (registration) data is complete, truthful and accurate and (ii) that it will ensure the correctness thereof. Any other right of use or exploitation that is not expressly granted to the Customer is excluded without written permission from EQUIHUB. As long as this Agreement is in effect, the Customer may use the Software tool within the limits of the rights granted when concluding the Agreement. The scope of the granted rights may be limited or extended during the term of the Agreement. Within the boundaries of the Software License granted by EQUIHUB, the Customer may provide the agreed number of Users with an access and usage right. Under the responsibility of the Customer, these Users gain access to the Software tool and may use it within the Customer's internal business environment. Consequently, the obligations under these Terms of Service apply to Users who gain access to the Software tool through the Customer. The Customer commits to clearly inform all its Users about their obligations and the terms of use of the Software tool. The Customer will not give access to the Software tool to persons other than the agreed Users, nor allow the Software tool to be used by them. With regard to the Software tool, the Customer is responsible for the actions, behavior, use and all other acts of its employees, managers, directors and all third parties to whom it grants access, whether intentionally or not, directly or indirectly.
If the provisions of the Agreement are not complied with, EQUIHUB may take measures against the Customer and its Users.
The Customer will be able to access the Software tool and will be able to use the Software tool via the first (Admin) User Account and, if applicable, the additional User Accounts. The responsibility for any use of and any activity on the User Accounts lies entirely with the Customer.
The Admin determines the scope of the rights of the User Accounts and the Admin always remains responsible for granting these rights.
Each User Account (including the Admin User Account) belongs to only one person and therefore may not be shared with other persons. Both the Admin and all Users are advised to create a unique password, to change it regularly and/or to use two-factor authentication.
The Customer is solely responsible for the protection and security of the User Accounts. In this context, all Users must guarantee the confidentiality of their User Account, including that of the login details, such as the password. Consequently, they may not even disclose their login details to EQUIHUB (e.g. when asking EQUIHUB for help via the helpdesk - see Article 13).
Any damage resulting from the careless handling of these login details by the Customer or its Users is solely for the account of the Customer, who cannot under any circumstances rely on the liability of EQUIHUB.
The Customer must immediately report any (suspected) breach of the confidentiality of one or more User Accounts and any suspicious registration to EQUIHUB, so that EQUIHUB can take appropriate measures.
The rights granted under the Agreement are subject to restrictions. The Customer undertakes to use the Software tool solely for its internal business purposes and in accordance with all applicable laws, rules and regulations issued by the government.
The Customer undertakes not to use the Software tool for activities that are or may be directly or indirectly unlawful, harmful, threatening, offensive, intimidating, malicious or defamatory and not to perform any actions that go against the (intellectual property) rights of EQUIHUB, its Affiliated Companies or any third party.
The Customer agrees that compliance with this Article constitutes an essential point of the Agreement.
The Customer agrees not to misuse the Software tool and to adhere to the imposed restrictions. Without this list being exhaustive, the Customer undertakes not to perform the following actions:
The Customer must (i) immediately punish or sanction any inappropriate and unauthorized use and (ii) immediately notify EQUIHUB of this in writing.
EQUIHUB may take all necessary and reasonable measures when the Customer or its User acts in violation of the Agreement, applicable law, third party rights or generally accepted rules of conduct on the internet. EQUIHUB grants itself wide discretionary power to punish a violation proportionally. EQUIHUB can temporarily suspend or permanently refuse access to the Software tool. EQUIHUB may charge the Customer any costs incurred by EQUIHUB as a result of the Customer's non-compliance with the terms of use.
If the situation justifies it, EQUIHUB can take the aforementioned measures without prior warning. The Customer is not entitled to request a refund or compensation as a result of the measures taken.
If the Customer believes that a measure taken is disproportionate or unfounded, the Customer must notify EQUIHUB within fifteen (15) calendar days after the measure is taken. EQUIHUB will consider the Customer's arguments, but is not obliged to reverse the measures taken.
The use of and access to the Software Tool by the Customer requires an internet connection and the use of a current web browser (we support all browsers, but recommend the latest version of Google Chrome). With an outdated web browser, it is possible that the Customer may not be able to use all functionalities of the Software Tool or that they may not work optimally.
For the use of a mobile app, an internet or data connection is required along with the use of current versions of the Android or iOS operating system. With an outdated operating system, it is possible that the Customer may not be able to use all functionalities of the Software Tool or that they may not work optimally. An operating system is considered outdated if it is older than the three most recent major releases of iOS or Android.
Important notes:
The Customer is responsible for appropriate and adequate security of the equipment and the IT environment under their responsibility.
The Customer expressly agrees that EQUIHUB will issue electronic invoices, unless the Parties agree otherwise in writing. EQUIHUB will send all invoices under this Agreement to the electronic address provided by the Customer when ordering the Services. It is the Customer's responsibility to keep their billing information up to date. The Customer is not released from their payment obligation and the consequences of late or non-payment in the event that EQUIHUB prepares and sends an invoice with the Customer's outdated billing information.
Subscription Fee
EQUIHUB always invoices the Subscription Fee for a Term of one year as a single annual invoice.
The invoice will always be issued to the Customer before the start of the respective Term.
Hardware
EQUIHUB invoices the one-time fee for ordered Hardware products immediately after the Customer has placed the order.
Onboarding Services
EQUIHUB invoices the one-time fee for Onboarding Services immediately after the Customer has placed the order.
Additional Services
For Additional Services charged on a time and materials basis, EQUIHUB invoices a 30% advance payment based on the agreed cost estimate. EQUIHUB invoices this advance payment immediately after the Customer has placed the order. EQUIHUB invoices the remaining fee based on the actual hours worked, deducting the advance payment already made. EQUIHUB invoices this fee immediately after the Customer has received the execution of the services.
Unless expressly agreed otherwise, all EQUIHUB invoices are automatically and fully collected by EQUIHUB via wire transfer using the account information provided on the invoice. Payments are due latest 15 days after the invoice date.
For the processing of its payments, EQUIHUB uses the services of external professional and specialized partners who operate a payment platform. Online payments are made using secure protocols. All online payments are subject to the general terms and conditions of the external administrator of the payment platform, who is also solely responsible for the correct processing of all online payments.
The Customer's financial data entered in the context of an online payment is exchanged exclusively between the external partner and the relevant financial institutions. EQUIHUB has no access to the Customer's confidential financial data.
The Customer can only legally dispute invoices by sending an email to invoicing@equihub.io within seven (7) calendar days of the invoice date, stating the invoice date, invoice number, and a detailed justification. Such a dispute does not release the Customer from their obligation to pay.
Unconditional payment by the Customer of the invoice amount is considered as express acceptance of the invoice.
EQUIHUB will always accept partial payments from the Customer subject to change and without prejudice, and will first allocate them to collection costs, then to damages incurred, then to interest due, and only then to the principal sum, with allocation of the amount paid to the oldest outstanding principal sum taking priority.
For each invoice that the Customer has not paid or only partially paid on the due date, they owe - by law and without prior notice - default interest at the rate of 1% per month of delay. A month already started counts as a full month in this case. The amount thus due is further increased by all collection costs paid by EQUIHUB, plus 20% of the invoice amount, with a minimum of € 150 (excl. VAT) as a fixed compensation, without prejudice to EQUIHUB's right to claim higher compensation.
If the Customer fails to pay one or more invoices, EQUIHUB has the right to temporarily suspend access to the Services until EQUIHUB has received actual and full payment from the Customer. However, the temporary suspension of access to the Services does not affect the continuation of the Term. Moreover, EQUIHUB may unilaterally terminate the Agreement if the Customer fails to pay or repeatedly pays late.
In case of non-payment or late payment, all other invoices from EQUIHUB to the Customer become immediately due, even if they have not yet expired, and all permitted payment terms are no longer applicable. The same applies in case of imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact indicating the insolvency of the Customer.
The Customer expressly acknowledges that EQUIHUB and its Affiliated Companies are and remain the sole owners of the Software tool and/or other intellectual property rights related to it. All such rights and goodwill are and will remain vested in EQUIHUB and its Affiliated Companies.
Consequently, the license granted to the Customer under this Agreement (see Article 4.2) only includes the right to use the Software - for a fee. EQUIHUB does not grant any implicit licenses under this Agreement.
Under no circumstances does/grants such a license:
Consequently, the Customer may not use any trademark, trade name or brand name of EQUIHUB or its Affiliated Companies (including, but not limited to, their use in metatags, keywords or hidden text) without the express written permission of EQUIHUB and/or its Affiliated Companies.
Without prejudice to the right of the Customer or any third party to challenge the validity of any intellectual property of EQUIHUB, the Customer shall not perform, nor allow any third party to perform, any act that could invalidate or conflict with EQUIHUB's intellectual property rights. This includes, but is not limited to, patents, copyrights, registered designs, trademarks or other industrial or intellectual property rights. Furthermore, the Customer shall not omit, nor allow any third party to omit, anything that would have the same effect.
The Customer undertakes to notify EQUIHUB of any actual, threatened or suspected infringement of any intellectual property right of EQUIHUB of which he becomes aware, as well as any claim by a third party as a result of the use of the Services.
In accordance with these Terms of Service, EQUIHUB hereby grants the Customer a non-exclusive, non-transferable license for the Term of the concluded agreement (see Article 8) for the reproduction of copies of the Documentation, albeit solely for the purpose of its use by the Customer within the framework of his license (see Article 4.2).
The Customer acknowledges that:
Without granting any right, claim or interest, the Customer agrees that EQUIHUB may make, free of charge, correct informative references to the Customer's trade names, trademarks or service marks (hereinafter collectively: the 'Marks') for the provision of its Services, for example on the Website.
EQUIHUB will cease any use of any Mark of the Customer for the performance of the Services within a reasonable time upon (i) termination of the Agreement or (ii) receipt of a notice from the Customer to cease such use.
Each Subscription has a renewable term of one year. A new Term automatically commences if the Customer does not terminate the Agreement at least fifteen (15) calendar days before the Renewal Date, which gives EQUIHUB the right to invoice the Customer for the renewed Term. In the event the Agreement is extended, the applicable price is always based on the status of the Customer account immediately prior to the Renewal Date (regardless of any price increases, see Article 3.3).
The Customer can terminate the Subscription by notifying this via the Support Desk:
(i) At any time and for any reason, provided that the termination occurs at least fifteen (15) calendar days before the Renewal Date.
Any termination of the Subscription by the Customer less than 15 calendar days before the expiration of the Term will have no effect, as the Agreement will be automatically renewed in that case (see Article 7). Consequently, the Customer will be obligated to pay the invoice for the renewed Term, even if they do not intend to continue using the Services;
(ii) In the event that the Customer cannot agree to a substantial change to the Agreement and such termination occurs within 30 calendar days after being notified of this by EQUIHUB.
Substantial changes to the Agreement include:
Under no circumstances does a termination give the Customer the right to claim any form of damages or compensation from EQUIHUB.
Without prejudice to any right or remedy that EQUIHUB may have against the Customer, EQUIHUB is free to terminate the Agreement at any time and without judicial intervention in exceptional circumstances that make it impossible to continue any professional cooperation between EQUIHUB and the Customer.
The Customer agrees that the following circumstances should be considered exceptional circumstances:
(i) If EQUIHUB discovers or has substantial reasons to believe that:
(ii) If the Customer ceases payments, files for bankruptcy, is declared bankrupt, enters into liquidation or a similar procedure, or is dissolved;
(iii) If the Customer commits an act of dishonesty, disloyalty or fraud towards EQUIHUB or its Affiliated Companies.
In the event of such termination by EQUIHUB, communicated by email, the Agreement will be automatically terminated without notice period or termination fee and without prejudice to EQUIHUB's right to claim additional compensation from the Customer. EQUIHUB has the right to refuse any request from the Customer to conclude a (new) Agreement regarding the use of the Services.
Upon termination of the Subscription:
(i) by the Customer:
EQUIHUB commits to deactivate the Customer Account as soon as reasonably possible after the end of the Subscription. EQUIHUB will make best efforts to notify the Customer in advance of the deactivation of the Customer Account;
The Customer is advised to export the Customer Data before the end of the Subscription using the available export tools. Export after the end of the Subscription can only take place during a limited time period (see the Data Processing Agreement) and with the intervention of EQUIHUB. EQUIHUB may charge fees for this.
(ii) by EQUIHUB:
EQUIHUB must (i) determine, at its sole discretion, a time period in which it will deactivate the Customer Account and (ii) if applicable, allow the Customer to export the Customer Data from the Customer Account.
Upon export, the Customer Data will be provided in a machine-readable format. EQUIHUB strives to provide the exported Customer Data as completely as possible, but cannot give an absolute guarantee for this.
Upon termination of the Agreement, each Party must return all confidential information and all material belonging to the other Party (see Article 11).
If the Agreement is terminated for any reason other than a serious fault of EQUIHUB, the Customer is obligated to pay the amount for the remaining part of the current Term (and, if applicable, for the next Term), even if the Customer no longer uses the Services. Amounts already paid to EQUIHUB for the current and/or upcoming Term will be retained by EQUIHUB and not refunded.
The following Articles will remain in force even after the expiration or termination of this Agreement for whatever reason: Article 6 (intellectual property), Article 9 (liability), Article 10 (personal data and privacy) and Article 11 (confidentiality).
EQUIHUB's liability shall be limited to the lower of the following two amounts: (i) the invoice value of the last invoice related to the Services, or (ii) the amount of the insurance payment taken out by EQUIHUB. However, in any case, the liability shall remain limited to the legal liability under Belgian law.
The Customer accepts that they must always notify EQUIHUB as soon as possible of any damage they have suffered as a result of using the Services. Any aggravation of the damage caused by not promptly notifying EQUIHUB in this way is not attributable to EQUIHUB.
Unless expressly stated or assumed otherwise in these Terms of Service and to the extent legally permitted, the Services as well as the Documentation and any other products or services provided by EQUIHUB are provided on an 'as is' basis. EQUIHUB therefore disclaims all other possible explicit and implicit promises, conditions, statements and warranties, including but not limited to any implicit warranties regarding fitness for a particular purpose, satisfactory quality, reasonable skill and care, system integration and/or data accuracy.
Moreover, EQUIHUB does not guarantee that the Services will meet all the Customer's requirements. Furthermore, the Customer has the opportunity to (i) request a Demo before becoming a paying Customer and (ii) request further information about this from EQUIHUB at any time. Therefore, the Customer declares to be sufficiently informed about the content and scope of the Services.
Without intending to affect the general nature of the preceding part, EQUIHUB does not guarantee in any way: (i) that the performance of the Tool will be uninterrupted or error-free, nor that all errors and/or bugs will be fixed (within a reasonable timeframe); (ii) that the Tool will be continuously available, free from viruses, timely and complete; or (iii) that the information provided by the Tool will be complete, correct, accurate and non-misleading.
The intended use of the Tool by the Customer and their associated Users is under their full responsibility and at their own risk. EQUIHUB can in no way be held liable for any direct or indirect damage that may result from this intended use. Therefore, the Customer and their involved Users are solely responsible for any damage to their computer(programs), wireless devices and/or other equipment.
EQUIHUB can also not be held liable for:
The Customer accepts that EQUIHUB offers no guarantee that the Customer's use of the Services automatically complies with specific laws, regulations or industry standards. It is solely the Customer's responsibility to verify whether their use of the Services complies with all applicable laws, regulations and standards relevant to their jurisdiction and sector. EQUIHUB expressly disclaims any liability for the customer's non-compliance with applicable laws, regulations or industry standards, and the customer acknowledges that EQUIHUB cannot be held responsible for any legal consequences arising from such non-compliance.
The Customer is expected not to provide any (confidential) information, nor any login details to any employee of EQUIHUB in any way and for any reason. Should the Customer, despite the foregoing, provide any information of that nature to EQUIHUB, the Customer acknowledges that they do so entirely at their own risk. In that case, EQUIHUB cannot guarantee the same security and confidentiality of the provided information as is the case with the Customer Data.
The Customer shall indemnify and/or hold harmless EQUIHUB and all its officers, directors, partners, employees and Affiliated Companies from and against all claims of any nature that may arise from the existence, execution, non-compliance and/or termination of these terms of service and that are caused by their own negligence, fault or carelessness or by one of their Users.
As EQUIHUB processes Personal Customer Account Information for a range of its own purposes (mainly to provide the Services, but also for example to send newsletters and other marketing communications), EQUIHUB acts as a 'data controller' within the meaning of the Privacy Legislation.
EQUIHUB's Privacy Statement contains all relevant information about how EQUIHUB processes Personal Account Information in its capacity as data controller (including: the purposes of data processing, the type(s) of personal data processed, the period for which they are retained, the recipients of the data, etc.). EQUIHUB's Privacy Statement should be read together with EQUIHUB's Cookie Policy.
By entering into an Agreement with EQUIHUB – or registering for a Demo – the Customer acknowledges that they have read and understood the content of the Privacy Statement.
Subject to the exceptions in Article 11.3, the Customer acknowledges that they act as 'data controller' and EQUIHUB as 'data processor' within the meaning of the Privacy Legislation for:
All agreements made between the Parties in this regard are exclusively governed by the Data Processing Agreement attached as an appendix to these Terms of Service and made available within each User Account. An overview of the specific personal data that EQUIHUB processes as a 'processor' and of the security measures taken to secure these personal data can be found in the Data Processing Agreement.
By entering into an Agreement with EQUIHUB, the Customer acknowledges having read and accepted the Data Processing Agreement.
All information exchanged between the Parties in writing or orally before concluding the Agreement and during its term is considered confidential and must be treated by each Party with the strictest confidentiality, unless otherwise stipulated in these Terms of Service.
Confidential information includes, but is not limited to: all information of a financial, commercial, legal, fiscal, social, technical and organizational nature, business and trade secrets, data of business partners, customer and supplier data, employee data, personal data, programs, source codes, computer programs, computer code, modules, scripts, algorithms, features and methods, inventions (whether patentable or not), processes, diagrams, test procedures, software design and architecture, design and function specifications. In the case of the Customer, this also includes the Customer Account Data, but not the Customer Account Information.
Specifically, the recipient will:
The disclosing party will remain the sole owner of its confidential information at all times. Except as expressly stated in Articles 11.2 and 11.3, nothing in these Terms of Service grants the recipient any right to or interest in the confidential information.
This confidentiality obligation applies for the duration of the Agreement between the Parties and for a period of five (5) years after the termination of the Agreement for whatever reason.
The obligations, as defined in Article 12.1, do not apply to the following information:
Deviating from the confidentiality obligation mentioned in Article 11.1, the Customer expressly grants EQUIHUB and its Affiliated Companies a worldwide, perpetual, irrevocable, royalty-free license to:
Should the Customer need help or have a question about the Services, they are advised to first take a look at EQUIHUB's support center.
Should the information they can find there not help them, they can contact EQUIHUB's helpdesk free of charge by submitting a support ticket. EQUIHUB's helpdesk is available from Monday to Friday from 9:00 AM to 5:00 PM (CET), except on official holidays and substitute holidays for official holidays that fall on a weekend.
EQUIHUB's helpdesk will make all reasonable efforts to assist the Customer as quickly as possible after receiving the request for support.
EQUIHUB offers its Customers the ability to check the availability of the Software Tool at any time, live and in real-time via its Website.
In case of issues with the availability of the Software Tool, EQUIHUB will make all reasonable efforts to resolve this problem as quickly as reasonably possible, without giving any guarantee in terms of response and resolution times. In any case and where appropriate, EQUIHUB shall be free to determine what may be considered an appropriate solution or compensation for its Customers in this respect.
EQUIHUB aims to maintain the quality of the Services by regularly performing maintenance work and updates. EQUIHUB commits to minimizing the impact of such maintenance activities and updates on the availability of the Software Tool, but does not exclude any downtime in this regard. In any case, EQUIHUB will do its utmost to inform the Customer of this in a timely manner, unless this is impossible or not meaningful (such as in urgent cases).
Under no circumstances will EQUIHUB be obliged to compensate the Customer for the downtime.
All notifications that EQUIHUB must make to the Customer under this Agreement will be sufficient if EQUIHUB addresses its Notification to the Customer's last known contact details (which they may have provided when they signed up). All Users are expected to keep their contact details up to date. EQUIHUB cannot be held liable if a Customer has not received a particular Notification because the available contact details were no longer current.
Any formal notification to EQUIHUB should be addressed to the contact addresses included in these Terms of Service for this purpose.
EQUIHUB has the right to change the offer and composition of its Services (including, but not limited to the offer and composition of the Packages, the supported functionalities) at any time.
EQUIHUB will make all reasonable efforts to announce substantial changes to the Services to Customers within a reasonable period prior to such change via a Notification.
EQUIHUB cannot be held liable for failing to fulfill any of its obligations under the Agreement if this is due to force majeure or 'hardship' (unforeseen circumstances).
Common situations of force majeure or hardship include, but are not limited to: all circumstances which were reasonably unforeseeable and unavoidable at the time of concluding the Agreement, and which prevent EQUIHUB from executing the Agreement, or which make the execution of the Agreement financially or otherwise more difficult than would normally be the case (including, among others: war, natural disasters, fire, seizure, epidemics and pandemics, delays or bankruptcy of third parties engaged by EQUIHUB, staff shortages, strikes, organizational circumstances, threat or acts of terrorism, government interventions, power outages and failures or interruptions of any communication equipment, software or hardware).
The aforementioned situations give EQUIHUB the right to review and/or suspend the execution of the Agreement via a simple written notification to the Customer, without EQUIHUB being liable for damages. EQUIHUB has the right to terminate the Agreement if the situation of force majeure and/or hardship persists for more than two (2) months.
In accordance with the provisions of the Belgian law on financial securities of December 15, 2004, the Parties agree that in the context of their mutual relationship, from the start of the agreement between EQUIHUB and the Customer, all currently existing as well as future debts will always be automatically and ipso jure set off and settled against each other, regardless of their due date, their purpose or the currency in which they were expressed.
If there are multiple creditors, the claim of the other party on the party dealing with multiple creditors will always be limited to what remains after set-off of the amounts to be charged. Moreover, the permanent set-off will in any case have legal consequences with respect to the curator and the other creditors, who themselves cannot therefore object to or oppose any mentioned set-off or debt comparison that the Parties would perform.
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with the provisions of Belgian law.
All disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be settled exclusively by the courts of the place where EQUIHUB has its registered office
Unless expressly agreed otherwise, the Customer acknowledges that the language of these Terms of Service is also the working language in all commercial transactions with EQUIHUB.
These Terms of Service were originally drafted in Dutch. Translations or documents drafted in another language are always considered a gesture towards the Customer. In the event of a conflict between the different versions, the Dutch version always takes precedence.
The nullity of one or more provisions or a part of these Terms of Service does not affect the validity and enforceability of the other clauses and/or the rest of the provision in question. In such a case, the Parties will negotiate to replace the void provision with an equivalent clause that is in accordance with the spirit of these Terms of Service. If the Parties do not reach an agreement, the competent court may moderate the void provision to what is (legally) permitted.
If EQUIHUB does not exercise any of its rights (repeatedly), this can only be interpreted as tolerating a certain situation and does not in any way imply a waiver of its rights.
EQUIHUB has the right to assign or transfer this Agreement in whole or in part to an Affiliated Company or another company in the event of a sale, transfer, merger, consolidation or any other disposition of (practically) all of its assets or activities.
