1. Identity
Doorganiser
a brand of Golden Gazelles BV
Emiel Opdebeecklaan 10
BE - 3140 Keerbergen
Company number: BE 0759.995.394
Bank account: BE56739020679488
Website: www.doorganiser.com
Email: hello@doorganiser.com
Phone: 0473/70.00.15
2. Definitions
For the following terms, the following definitions apply in the General Terms and Conditions of Doorganiser:
- User: the Customer and/or staff member or employee of the Customer;
- Doorganiser Service: solely consists of granting access to the Doorganiser Software;
- the Doorganiser Software: the web application to which Users gain access through unique Login Credentials;
- Customer: a natural person or legal entity with whom Doorganiser has entered into an agreement;
- Login Credentials: code intended exclusively for Users, consisting of a username and a password, enabling access to the Doorganiser Software;
- Imperfections: all deficiencies of the software that hinder its operation. The absence of functionality in a new version of the Web application that was present in a previous version is not considered an Imperfection;
- Agreement: any agreement concluded between Doorganiser and a Customer;
- General Terms and Conditions: the conditions as outlined below, which apply to all agreements concluded between Doorganiser and a Customer;
3. Applicability
- The General Terms and Conditions apply to any offer made by Doorganiser to a customer and to any agreement concluded between the parties, unless the parties explicitly agree otherwise.
- These general terms and conditions do not apply to offers and agreements with natural persons acting as consumers and not as a business or professional, or in the exercise of their profession.
- Acceptance of an offer or signing of an agreement constitutes express acceptance of the General Terms and Conditions, which are always available via the website www.doorganiser.com/terms-conditions.
- One or more provisions of these general terms and conditions can only be deviated from if this is recorded in writing. In that case, the other provisions of these terms and conditions remain fully applicable.
- If, in addition to these general terms and conditions, specific additional conditions apply, the above also applies to those additional conditions. If there is a discrepancy between the additional conditions and these general terms and conditions, the provisions of the additional conditions prevail, unless otherwise agreed.
- General terms and conditions used by the Customer are not applicable, unless explicitly agreed upon in writing by Doorganiser.
- Doorganiser reserves the right to amend and/or supplement the general terms and conditions at any time. The changes take effect 1 month after their publication via the Doorganiser Software. If the Customer does not expressly object in writing to the announced changes within this period, it is assumed that the customer agrees to the changes.
4. Object
- Doorganiser is a digital tool where companies can subscribe to group and synchronize their location data across different digital channels. These general terms and conditions regulate the use of the Doorganiser Software.
- If an offer has only a limited validity period or is subject to certain conditions, Doorganiser explicitly mentions this in the offer.
- All information provided prior to the conclusion of an agreement is indicative only. Oral agreements or commitments by employees or representatives of Doorganiser are only binding if expressly confirmed in writing by Doorganiser.
- The services offered are always described as completely and accurately as possible. The description is in any case detailed enough to allow the Customer to make a proper assessment.
5. Right of use
- Doorganiser grants the Customer the non-exclusive right to use the Doorganiser Software in accordance with these general terms and conditions, unless otherwise agreed upon in writing by the parties.
- The right of use commences upon signing of the offer or agreement concluded between the parties, unless otherwise agreed upon in writing by the parties.
- Doorganiser has the right to make changes or updates to the Doorganiser Software at its own discretion. Doorganiser will timely inform the Customer of the processing of updates and/or upgrades to the extent they are relevant for the use of the Doorganiser Software.
- The Customer may not allow the Doorganiser Software to be used for the benefit of any other (legal) person than the Customer unless otherwise agreed upon in writing.
- The Customer is not allowed to transfer rights or obligations arising from the Doorganiser General Terms and Conditions to third parties.
6. Obligations of Doorganiser
- Doorganiser ensures that a backup is made of the data entered by the Customer through the Doorganiser Software.
- Doorganiser ensures that the data entered by the Customer through the Doorganiser Software is secured as reasonably possible against loss, theft, unauthorized access, and modification by non-users.
7. Customer obligations
- The Customer is obliged to comply with the usage rules of article 8.
- The Customer shall provide Doorganiser with all necessary cooperation for the execution of the Agreement concluded between the parties. This also includes granting access to the necessary information to execute the agreement.
- The Customer shall grant Doorganiser the necessary permission and access to access the customer's social media platforms, so that the Doorganiser software can function correctly.
- If the Customer fails to fulfill its obligations, Doorganiser is entitled to block or suspend the Customer's use of the Doorganiser Software with prior notice.
- The Customer ensures that the hardware and software configuration used by him meets the System Requirements necessary for the use of the Doorganiser Software. The Customer is responsible for taking the necessary measures to protect his hardware and software configuration and telecommunication and internet connections against viruses, computer crime, and unauthorized use by its own users or by third parties.
8. Rules of usage
- The Customer shall not cause any hindrance or damage to (the customers of) Doorganiser when using the Doorganiser Software, as determined by Doorganiser. The customer may not perform actions that could reasonably be assumed to cause damage to the systems of Doorganiser or those of its customers.
- The Customer is responsible for the content and accuracy of the data he has placed with Doorganiser through the Doorganiser Software.
- The Customer is not allowed to use the Doorganiser Software in violation of legal provisions or the provisions of the Doorganiser General Terms and Conditions.
- The Customer may not use the Software in a manner that is unlawful, illegal, fraudulent, or harmful; or in connection with unlawful, illegal, fraudulent, or harmful purposes or activities.
- The Customer may not use the Software in a manner that causes damage to the Software or restricts the availability or accessibility of the Software, or can cause such damage.
- The Customer is obliged to keep his account details, including his username and password, confidential and not to share or transfer them to third parties.
- The Customer shall not use a generic email address such as info@ or sales@ as the username for the Doorganiser Software.
- The Customer shall not use any form of automation to create accounts on the Doorganiser Software.
9. Price & Invoicing
- The prices in the offer or agreed upon in the contract are exclusive of VAT, taxes, and services.
- The price will be invoiced monthly at the beginning of the month, in euros, unless otherwise agreed in writing.
- The due date for invoices is 7 days from the date of invoicing, unless otherwise agreed in writing.
- Obvious (manipulation) errors in the pricing, such as clear inaccuracies, may be corrected by Doorganiser after the agreement has been established.
- Doorganiser is entitled to index the prices and rates annually on the basis of the consumer price index.
10. Payment
- The Customer must pay invoices within 7 days of the invoice date, in the agreed currency.
- Upon the mere expiration of this period, the Customer is in default, without additional prior notice of default.
- In case of non-payment by the due date, the invoice amount will automatically, and after notice of default, be increased by a fixed compensation of 15%, with a minimum of 50 euros, and an interest rate of 1.25% per month from the due date. Each commenced month will be charged as a full month. This compensation remains due even if only the principal amount of the overdue invoice is paid. The interest on the payable amount will be calculated from the time the Customer’s default notice has expired until the time of full payment of the total due amount. Furthermore, if an invoice is not paid on its due date, the entirety of outstanding debts will become collectible.
- Any dispute regarding an invoice must be sent via email to the above email address no later than 7 days after receipt of the relevant invoice. If the Customer disputes the invoice in time, this does not suspend their payment obligation.
- Doorganiser reserves the right to suspend services until payment of the outstanding invoices is received.
11. Conformity & Warranty
- Doorganiser ensures that the Doorganiser Software functions in accordance with the specifications and functionalities of the Doorganiser Software as described in the agreement.
- Doorganiser ensures that the Doorganiser Software meets the customary requirements and standards that can reasonably be set for it and is free of any substantial defects.
- If the Doorganiser Software does not function as described in the agreement, Doorganiser will endeavor to solve the problem as quickly as possible.
- The customer is responsible for the choice, installation, and use of the Doorganiser Software.
12. Termination of agreement
- The Agreement can only be terminated in writing.
- The Customer can terminate the agreement at any time by providing written notice.
- Doorganiser is entitled to terminate the agreement with immediate effect if the Customer fails to fulfill his obligations under the agreement, or if the Customer violates the usage rules referred to in article 8.
- Upon termination of the agreement, the Customer's right to use the Doorganiser Software and any other rights granted under the agreement will cease immediately.
- Doorganiser is not liable for any damages or costs resulting from the termination of the agreement.
13. Force majeur
- In the event of force majeure, Doorganiser is entitled to suspend the execution of the agreement until the force majeure situation has ceased, or to dissolve the agreement in whole or in part without judicial intervention, without being liable to pay any compensation.
- Force majeure includes, but is not limited to, war, riot, mobilization, domestic and foreign disturbances, government measures, strike, lockout, boycott, interruption of operations, stagnation of supply, fire, flood, natural disasters, sabotage, as well as the situation that Doorganiser cannot, whether or not attributable, fulfill its obligations due to other external causes.
14. Intellectual property
- The Doorganiser Software and all intellectual property rights related thereto belong to Doorganiser.
- The Customer is expressly prohibited from making changes to the Doorganiser Software or copying, reproducing, distributing, or making it public in any other way, except with the prior written consent of Doorganiser.
- The Customer indemnifies Doorganiser against all claims of third parties regarding infringement of intellectual property rights related to data provided by the Customer.
15. Applicable law & disputes
- The Agreement is governed by Belgian law.
- Disputes between Doorganiser and the Customer that cannot be settled amicably will be submitted to the competent court in the district of Leuven.
16. Other provisions
- Doorganiser is entitled to transfer rights and obligations arising from the agreement to third parties.
- If any provision of these general terms and conditions is null and void or annulled, the other provisions of these terms and conditions will remain in full force and effect. Doorganiser and the Customer will then consult to agree on a new provision to replace the null and void or annulled provision, whereby the purpose and purport of the original provision will be taken into account as much as possible.
- These general terms and conditions are drafted in Dutch. In case of a translation of these general terms and conditions, the Dutch text will prevail in case of a dispute.
- These general terms and conditions have been filed with the Chamber of Commerce.