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connect Terms & Condition 
Last Updated : 11 September, 2024
General
Section 1. Definition
In these Terms of Use, the following words or groups of words have the meanings defined in this section. The definition of a word given in the singular applies when the word is used in the plural in the General Conditions of Use and vice versa. When defined words or groups of words are used in these Terms of Use, the first letter of the word (or each word) is capitalized. When the same word is used in the General Conditions of Use without capitalization, it does not have the meaning given to this article, but that of the common language.
. Terms of Use: The terms "Terms of Use" or "Terms of Use" refer to this document.
. Site: the term "Site" refers to the www.GASSISTANCE.be website, and any mobile application referred to as "G OPERATOR". 'G BUSINESS ASSISTANCE'
. UsatEUR: The term "UsageEUR" refers to any person, whoever may be, using the Site for any purpose whatsoever.
. Holder: the term "Holder" refers to G DETECT, whose registered office is established at Mollestraat 16, 1731 Asse, registered with the ECB under number 0743.417.502. . Account: the term "Account" refers to the UsatEUR account as completed by the UserEUR when registering.
. Service: the term "Service" refers to all services that may be ordered through the Site.
Article 2. OBJECT
purpose of this document is to determine the general conditions of use of the Site. The EURuser undertakes to use the Site with all the caution and diligence to which it is bound, in compliance with the legal provisions and public order, national and international and these provisions.
Article 3. Acceptance
The use of the Site, for any reason whatsoever, implies full acceptance by the User, whoever it may be, as well as his understanding of these Conditions, including the primacy of the Conditions over any other general conditions that the User of the Site may invoke. If the EURuser does not accept these terms and conditions, he is requested to immediately leave the Site and not to use it in any way. By accessing and using the Site, the EURuser accepts the general conditions of use without any reservation. In the event that a provision
of these General Terms and Conditions of Use would not be applicable, or contrary to a provision of mandatory law, this non-applicability will not affect the validity or applicability of the other provisions. The EUR-User acknowledges that these General Terms and Conditions of Use and the use of the Site may not lead to the creation of any form of legal association between it and the Owner.
Section 4. Content of the Site and modification
The Site is regularly updated and the greatest care is taken to check the relevance of the information contained therein. However, the Data Controller cannot guarantee the accuracy, reliability, integrity, timeliness, precision and completeness of all the information contained therein. The Data Controller cannot also be held responsible for the quality of the Services as offered by the Technicians. The Holder reserves the right to modify periodically, unilaterally and without prior notice the Conditions, for example to adapt them to legislative and regulatory changes, or to modify the functionalities offered. The EURuser must validate this new version of the Terms to continue using the platform. The User is presumed to have read, accepted and understood these modifications by continuing to use the Site.
Section 5. Registration Form – User AccountEUR
To access all the Services provided by the Site, the EUR User must create an Account. When registering, the EURuser is required to provide complete and accurate information and undertakes to notify the Account Holder without delay of any changes thereto. By registering, the EUR-User refers to a unique, strictly personal identifier and nominative password, which he undertakes to keep confidential. The EUR-User undertakes not to take an abusive identifier, contrary to public order or morality, infringing the rights of third parties, the laws and regulations in force in Belgium as well as the image of the Holder. The EURuser undertakes not to create or use accounts other than the one initially created, whether under his own identity or that of a third party. Any derogation from this rule must be the subject of an explicit request by the EURuser and an express authorization of the Holder. The fact of creating or using new accounts under one's own identity or that of third parties without having requested and obtained the prior authorization of the Holder may result in the immediate suspension of the Accounts of the EUR User from all services associated with this Account in accordance with Article 9 below. The EUR User is solely responsible for the confidentiality, security and use of his username and password related to his Account. The Account Holder cannot be held liable for any damage caused by the mention of erroneous or insufficiently precise data by the EUR User when registering his Account.
Section 6. Majority
The EUR-User declares to be a majeur and to have the capacity to exercise to engage under these Conditions. The EUR-User ensures that access and/or use of his/her Account by any third party, including mineurs of age, without his/her prior authorization is blocked. The Account Holder may in no way be held liable, for any reason whatsoever, due to the use of the Site and/or the EUR User Account by a minEUR of age, by any means whatsoever.
Section 7. Use of
the Site The UserEUR undertakes to use the Services offered by the Site in good faith and not to violate these Terms and Conditions. The EURuser expressly agrees to: not to exploit the information in an unlawful manner and not to violate any local, state, national or other applicable laws or regulations, or any court order, including, without limitation, planning restrictions and tax regulations;not to use the Site in such a way that it is damaged, altered, interrupted, stopped or rendered less effective by any means;not to use the Site for the purpose of transmission or sending of computer viruses or for the transmission or sending of illegal, illicit, inappropriate or immoral content (including, but not limited to, information of an obscene nature or harmful to public order); not to use the Site for the purpose of violating, in any way whatsoever, the rights of a natural person, legal entity or association such as - among others but not exclusively - the right to privacy and intellectual property;to carry out all necessary checks relating to the rights attached to the elements reproduced in its publication(s) and, where applicable, to obtain the authorization of the holders of these rights;not to use the Site for sending or transmitting content for promotional or advertising purposes without first requesting authorization from the Holder;not to reproduce, without the prior and express authorization of its author, without this list being exhaustive, any work, illustration, image, photograph, text, file, etc., and more generally any content protected by intellectual and industrial property rights; not to use software, devices, scripts, cancellation robots, diverted means or other means or manual or automated processes to access, remove, browse or scan any page of the Site.The Data Controller is not responsible for the possible spread of viruses in the event that, despite the precautionary measures taken, it should occur, and declines all responsibility for the damage that these viruses would cause. If advice is given, either directly or indirectly, via the Site, in the context of medical, legal, financial or any other personal or commercial decisions, such advice is given without any form of guarantee and without the Holder being able to be responsible for it. The User is obliged to always consult an expert in these matters for additional information adapted to his particular situation. The EUR-User undertakes to fully indemnify the Account Holder against any damage suffered, directly or indirectly, by the Account Holder as a result of its conduct. The Data Controller reserves the right to suspend access to any publication that it considers to violate the Conditions, a legal norm or contrary to morality. In such a case, the Holder will notify the EURuser concerned, by e-mail, of the suspension measure, inviting him to put an end to the wrongful conduct identified in the notification.
Section 8. Obligations of the userEUR
The User has the obligation to comply with the instructions, messages, rules, terms and conditions mentioned by the Holder when using the Site. Any instructions and notes (e.g. Frequently Asked Questions) formulated by the Account Holder must be complied with by the UserEUR in the updated and possibly amended version. If the EUR User does not comply with any of the EUR's obligations under any of the Terms, the Account Holder may take appropriate measures (e.g. issue a warning, block or delete the content, make the UserEUR's access inaccessible or warn them). The User is responsible, without restriction, for the personal conduct of the User during its use. This applies in particular in case of doubt about any published contribution or content used by the EURuser.
Section 9. Suspension of access to the Site – deletion of the Account
Failing that, for the EUR User covered by the suspension measure referred to in Article
8, to remedy the situation denounced, the Account Holder will send him a formal notice to comply immediately with the said article. If, notwithstanding the termination, the EURe User does not voluntarily put an end to the wrongful conduct reported, the Account Holder will delete, without further notice or notice, the Account without compensation in favour of the latter. The Account Holder reserves the right to refuse the re-registration of the EURuser who has been deleted from his Account. In general, the Holder reserves the right to suspend or interrupt all or part of access to the Site, as well as to take technical and, where appropriate, legal measures, in the event of a presumption on the part of the EUR-User that it harms, in any way whatsoever, the interests of the Owner, the Site or any third party, including its intellectual property rights.
Section 10. Intellectual property
The concept of "Intellectual Property" refers to any object and intellectual and industrial property right, including (but not limited to) copyright rights, trademarks, patents, models, databases, source codes and any other material owned by the Owner. The general structure of the Site as well as all the content disseminated therein (namely in particular images, articles, photographs, illustrations, distinctive signs, logos, trademarks, videos, interviews, sounds, texts, etc.), including any newsletters, are protected by national and international legislation on intellectual property, and in particular the right of otherEUR, related rights, trademark law, image rights. The Data Controller explicitly reserves the intellectual property rights and other rights to its name, logo and visual identity. Third parties are prohibited from using these names, logos and visual identity without the express prior written consent of the Owner. These Conditions do not entail the transfer of any intellectual property rights to the UserEUR who is not authorized to copy, send, distribute, distribute, sell, publish, issue, circulate, arrange or modify the material of the Site other than in connection with the use and management of the lists created. All reproduction rights are reserved to the Owner, including texts, downloadable documents, iconographic and photographic representations. As such, in the absence of express authorization from the Owner, it is strictly forbidden to exploit the contents of the Site and in particular to reproduce, represent, modify or adapt them in whole or in part. The Data Controller is aware that its name and logo may be misappropriated by third parties in the context of fraudulent activities. In this regard, the Account Holder draws the attention of the EURuser to be vigilant and therefore recommends not to contact the instigators of these fraudulent activities and not to send money or reveal banking or credit card or identity information to anyone claiming to represent the Account Holder or have a banking relationship with the Account Holder without first verifying the issuer of the request. In case of doubt, the User EUR may contact the Account Holder at info@gassistance.be address. The Account Holder cannot in any event be held liable for the abusive or fraudulent use of his name, logo or address. It is requested to inform the competent police or judicial authorities directly of any suspicious activity. These activities may also be reported to the Data Controller.
Section 11. Opt-out
The information, products and services on the Site may contain inaccuracies in terms of content or typographical errors. This information is subject to change periodically. The Account Holder and/or EURs may make changes to this Site at any time. The Data Controller invites the EURuser not to make any important decisions on the basis of the information provided via the Site.
The UserEUR is obliged to consult a person having competence
professional to give him a specific opinion adapted to his situation. Except in the case of fraud or fraud, the Account Holder may under no circumstances be held liable for any direct, indirect or incidental damage (including in particular loss of profit, loss of savings or professional opportunities, loss of data, industrial damage, inactivity or personnel costs) which would be attributed to its fault, contractual obligation or service liability even if this damage results from serious misconduct. or repetitive caused by:
i) the Site including its unavailability or technical operation
(ii) the information or content of the Site;
iii) viruses, hacking attacks and other computer crimes; or iv) the content and use of websites to which hypertext links refer on the Site, even if the Holder or one of its suppliers has been advised of the possibility of such damage. Any use of this Site is therefore entirely at the risk and peril of the EURuser. If the User is unable to approve this Site in whole or in part or if the User does not agree with the terms and conditions of use, the User's sole remedy is to no longer use this Site.
Section 12. Personal data
The clear policy on the protection of the privacy of the UsersEURs adopted by the Data Controller can be found on the Privacy Protection page. Read this page for information on the collection and use of your personal data.
Section 13. Responsibility
The Holder cannot be held liable in the following cases: difficulties in the operation of the Site or interruption of its services beyond its control; temporary interruptions of the services or the Site necessary for the EUR evolution, maintenance or update ;d failures or malfunction of the Internet network in the transmission of data, messages or documents;
The Holder makes reasonable efforts to provide accurate information on the Site, which may be modified and updated without notice or notification. The Owner, as well as any other party mentioned on the Site does not bear any responsibility and does not guarantee explicit or implicit with regard to the absence of errEUR, viruses or defective functioning of the Site and / or on the correctness, reasonableness, updating and completeness of the content of the Site and pages. The Data Controller can in no way be held liable for any direct or indirect damage in the broadest sense, which would arise from or would be related to the use of the
Site.
Section 14. Information on the Site
The descriptions of the products/services on the Site are indicated for information purposes only. They cannot engage the responsibility of the Holder, for any reason whatsoever.
Section 15. Forum & Comments
If the Owner allows the EURuser to leave comments on certain pages of the Site, the latter undertake to comply with generally applicable legislation and in particular not to publish any denigrating, defamatory, abusive, hateful, belligerent, racist, xenophobic or inciting discrimination, hatred or violence against a person, natural or legal, of a group, community or Member State, on account of their alleged race, race, descent or national or ethnic origin or of some of them. The EURuser is prohibited from posting any images, illustrations, hypertext links, photos, etc., violating any Belgian or international legal provision. The Account Holder may in no way be held liable for any information or material whatsoever posted by any
UsatEUR whether on the Site.
Section 16. Hypertext links
The hypertext links implemented towards other websites cannot engage the responsibility of the Owner, as the latter has no control over the content of these sites. If the Data Controller is not opposed to the creation of hypertext links to its site, authorization must be requested and obtained in advance in writing. The Holder nevertheless reserves the right to require the removal of a link to one of the pages of the Site if it considers that maintaining the link does not correspond to its missions, valEURs or would be likely to prejudice it. The Site may also contain links to third-party services or websites with regard to which it does not carry out any such that in this context the UserEUR binds a direct relationship with the third party provider concerned, without the Holder being involved, in any capacity whatsoever, in this relationship.
Section 17.
Cookies The clear policy on the use of cookies adopted by the Data Controller can be found on the Cookies Policy page. Read this page for any information on the use of cookies by the Data Controller.
Section 18. Miscellaneous
The User agrees that the Account Holder may send him notifications, by email, by post or by any other useful means of communication. If one or more clauses of the Conditions are declared null and void or unenforceable, the nullity or unenforceability shall not affect the validity or enforceability of the remaining clauses. The fact that the Holder fails, at any given time, to demand the strict application of the Conditions, cannot be considered as a waiver of the rights available to it and will not prevent the Holder from demanding strict compliance with them. The fact that the Holder has not demanded compliance or has neglected to enforce any of the provisions of the Conditions does not mean that it has waived the rights it holds under the Conditions and does not affect the validity in whole or in part of these Conditions or affect the exercise of the Holder's right to take appropriate action.
Section 19. Applicable law and jurisdiction clause
Unless expressly waived in writing, the Conditions are exclusively governed by Belgian law. The EURuser endeavours to resolve amicably any dispute or dispute that may arise between them and the Account Holder arising during the execution of the Conditions. In the absence of an amicable solution, the French-speaking courts and tribunals of the judicial district of Brussels have sole jurisdiction. The language of the proceedings will be French. Welcome to our "www.gassistance.be" website and apps. This page (with the documents to which it refers) presents the conditions under which our Partner Technicians deliver one or more EUR Assistance according to the terms and conditions appearing on our website. Please read these terms carefully before using our Service. By accessing our site and submitting a support request, you agree to be unconditionally bound by these Terms and our Terms of Use Policy. If you have any questions about these terms, please contact us before scheduling Support via the info@gassistance.be address. If you do not agree to these terms in full, do not use our Service.
General terms and conditions of use of the G DETECT BV website
Partners - Service RequestEUR
Section 1. Introduction
G DETECT BV is a company with registered office at 16 Mollestraat 1730 Asse, Belgium (hereinafter, the "Company" or "G DETECT BV"). Gassistance.be is a web platform that provides a technician service addressed to traders and professionals (excluding any consumer). The purpose of our Service is to provide a simple and convenient solution connecting our customers (the "DemandEURs") and a fleet of Independent Technicians (the "Technicians") in order to provide support in accordance with the terms and conditions set out in these terms. For more information, you can contact us via:
Mail: info@gassistance.be
Registered office address: 16 Mollestraat, 1731 Asse
Article 2. Definitions In these Terms and Conditions, the following words or groups of words have the meanings defined in this article. The definition of a word given in the singular applies when the word is used in the plural in the General Conditions and vice versa. When defined words or groups of words are used in these Terms and Conditions, the first letter of the word (or each word) is capitalized. When the same word is used in the General Conditions without capitalization, it does not have the meaning given to this article, but that of the common language. The purpose of this clause is to define the various essential terms of these General Conditions:
Site: refers to the website www.gassistance.be
Applications: means all applications for mobiles, tablets and smartphones, and the Company's application program interfaces;
Platform: refers collectively to the Site, all Applications and Services
G DETECT BV;
Services: refers to all the connecting services between DemandEURs and Technicians offered through the Platform, including in particular the online booking service, allowing technical assistance; DemandEUR: refers to any majEURe and capable person or any legal person represented by a duly authorized natural person using G DETECT BV directly or indirectly via a request encodEUR, to find a Technician for the collection from a natural or legal person ("the Dispatcher") of one or more Assistance (the "Assistances") and the assistance of such Assistance to a natural or legal person (the "Recipient"). The RequestEUR may be the Sender, the Recipient or a third party;
DemandEUR content: data transmitted by the DemandEUR within the Site;
Account: private area of the RequestEUR accessible from the Platform with the Identification Elements and containing in particular the information relating to the RequestEUR, the Services provided by the Company and allowing, if necessary, to benefit from or carry out Technical Assistance;
Support address: means the Support address provided by the RequestEUR for a Support request;
Support address: means the support address of the Assists entered by the RequestEUR for a request for assistance assistance; Recipient: means the natural person (including the agent or representative of a legal entity) whose identity and contact details are entered on the Application or Platform by the RequestEUR as the recipient of the Assistance and located at the Support Address or, where applicable, in a nearby adjacent perimeter, subject to its designation, by any means, by the RequestEUR;
Identification elements: login and/or password transmitted by the Company to the User EUR and allowing the latter to access his Account and the Services;
Dispatcher: refers to the natural person (including the agent or representative of a legal person) whose identity and contact details are entered on the Platform by the RequestEUR as Dispatcher of Assistance and located at the Pick-up Address or, where applicable, in a nearby adjacent perimeter, subject to his designation, by any means, by the DemandEUR;
Assistance assistance: refers to the assistance transport services entrusted to the Technician by the RequestEUR and carried out by the Technician through the Platform;
Assistance: refers to the property for which the RequestEUR requests assistance, carried out by the Technician;
UsageEUR: refers to either the Technician or the RequestEUR.
Technician: refers to the natural or legal person (and in this case, the agent of said legal entity) who offers his services via the Platform in order to perform Assistance Assistance on behalf of RequestEURs who request it from the Dispatcher to the Recipient.
Metrics: Refers to the volume of support and the number of packets to support.
Article 3. Scope, acceptance and modification
1. These general terms and conditions (hereinafter, the "General Terms and Conditions") come into force on the aforementioned date and apply to all Services provided by G DETECT BV, regardless of the nature of the service provided.
2. By using the Services of G DETECT BV, the DemandEUR unreservedly accepts these General Terms and Conditions.The general or special conditions of the RequestEUR or any other party than G DETECT BV do not apply under any circumstances and will be rejected at any time. This also applies if the conditions of the Technician or any other party have not been expressly refused.
3. The Service as offered by G DETECT BV is limited to making the Platform available on DemandEUR allowing it to find a Technician for assistance assistance. The contract of carriage is concluded directly between the RequestEUR and the Technician when a Technician accepts the proposal of a RequestEUR to carry Assistance from the Shipper to the Consignee. This acceptance is made via the
Platform.
4. G DETECT BV is entitled to suspend, stop or modify the provision of the Services and/or the related tariffs at any time and without prior notice, it being understood that such a decision applies immediately and ipso jure and has no influence on the conditions for the Services previously entrusted to G DETECT BV.
5. These General Terms and Conditions may be amended at any time by G DETECT BV. The DemandEUR will be informed of the adaptations and the date of the EUR entry into force through the technique deemed appropriate by G DETECT BV. This can be done, for example, by e-mail or in the form of a pop-up that appears on the screen when using the Platform.
Section 4. Availability of Services
1. The Platform may only be used for transport and assistance in Belgique.Si the Pick-up Address is located outside the Brussels-Capital Region at the time of booking assistance on the Platform, a message appears stating that assistance will be impossible. 2. G DETECT BV may extend the use of the Platform to other cities, which will then be referenced on the Site at the time of booking assistance on the Platform.
3. Assistance can only take place for the following times: from Monday to
Sunday included, from 6:00 a.m. to 10:30 p.m.
Section 5. Account creation
1. To be able to use the Platform, the DemandEUR must create an account by indicating:his first and last name his e-mail address his telephone number a password
2. The RequestEUR must then confirm his e-mail address by clicking on the link contained in the message sent to the e-mail address entered and then provide the following information about his company:company name VAT number Siret number (France)billing address billing e-mail address Support volume needs (indicative)
3. The RequestEUR will then be invited to introduce a payment method at our payment partner Stripe among the following possibilities:Credit card (Visa, MasterCard, Amex)Bank account number for SEPA mandate Manual bank transfer (reserved for key account partners)This step can be skipped when creating the account but must be finalized before you can book Support.
Under no circumstances does G DETECT BV record, have knowledge or access to payment information entered on the Stripe platform.
Section 6. Limits on the use of the platform
1. G DETECT BV retains all intellectual property rights to all content and functionalities of the Platform. G DETECT BV grants DemandEUR a non-transferable, non-exclusive and limited license to use the Platform in accordance with these Terms and Conditions.
2. G DETECT BV may, at any time and without prior notice, temporarily or permanently refuse access to G DETECT BV if the DemandEUR: uses the Platform in a way that contravenes these General Terms and Conditions, the legislation in force, or in a way that damages the integrity of third parties or the reputation of G DETECT BV, misuses the Platform, provides incomplete or inaccurate information when registering on the Platform, and fails to inform G DETECT BV in the event of a change in the data communicated to G DETECT BV at the time of registration. Does not have a valid means of payment or a means of payment whose balance does not allow him to pay the amounts due.
Section 7. Booking Assistance
The reservation of Assistance on the Platform follows the following steps: 1. The RequestEUR enters the information of :d desired ate and hEURe for the pick-up address contact information at the pick-up address(es) of destination(s) of assistance(s) to be transported
2. Each booking of a Support on the Platform provides the RequestEUR with a summary of the type of volume to be transported, as well as the estimated price, to the RequestEUR before finalisation. This price does not include any additional handling costs resulting from the performance of the Assistance service. By accepting this summary, the RequestEUR undertakes to pay for the Assistance.
3. Any booking of an Assistance, after confirmation of the summary by the
DemandEUR, will be submitted to the Technician partners for execution.
4. Prices are determined per race, being calculated automatically by the Platform at the end of an algorithm that takes into account a sum of variables, such as in particular the volume of assistance, the distance to be covered between the pick-up and assistance Addresses, assistance schedules, handling, etc. They include the intermediation fee due to the Company in return for the Services.
Section 8. Modification and Cancellation
Any reservation of an Assistance will be subject to a status describing the status of the said reservation:
"Assistance created";
"Assigned assistance";
"Assistance imminent";
"Support in progress";
"Support Completed". The RequestEUR has the right to change the Support information, free of charge, as long as the booking of the Assistance is under the status "Assistance Created" or "Assigned Assistance" and the pick-up takes place in more than 2 (two) hours.
If the following information: is changed:
Pick-up address; Address(es) of destination; CARE TIME; Support volume(s).less than 2 (two) hours prior to support and/or if Support is under "Assistance imminent", a change fee will be charged to the RequestEUR. The RequestEUR has the right to cancel, free of charge, the reservation of an Assistance as long as the reservation of the Assistance is under the status "Assistance Created", "Assistance assigned" and if the Support is to be taken over within more than 8:00 am.
The requestEUR whose Support of the Assistance reservation must be taken over within less than 8:00 am and whose reservation status is always "Assistance Created" or "Assistance Assigned", has the right to cancel, subject to a cancellation fee amounting to 30% of the amount of the Assistance Reservation. Once the Support reservation has been made under the status "Assistance imminent", "Support in progress" or "Assistance Completed" the RequestEUR will no longer be able to cancel the order which is considered firm and final.
Cancelled orders will then be invoiced in full to the DemandEUR
Section 9. Responsibility for assistance
1. The RequestEUR is liable for all consequences and damages incurred by G DETECT BV, the Technician or third parties as a result of non-compliance with these General Terms and Conditions and the regulations in force, even if he had informed G DETECT BV and the Technician of the nature of the Assistance. G DETECT BV excludes any liability related to the nature of the Support. The DemandEUR expressly acknowledges being aware of this exclusion of liability and accepting it.
Section 10. Inspection, refusal or suspension of services and related costs
1. The RequestEUR agrees that the Technician and any public service may at any time open the packaging of the Assistance to inspect them.
2. Following the signature made by the applicant during the technician's visit, he agrees that the technician has carried out his service without concern if a problem occurs during the service of the applicant and under the obligation not to sign the intervention report otherwise no proceedings can be established against the technician made available and neither against that of G DETECT BV.
3. The RequestEUR shall be liable to the Technician if the refusal or suspension should give rise to costs or any liability to be borne by the Technician. The DemandEUR will release G DETECT BV from any claim for compensation from the Technician or third parties.
Section 11. Obligations and liability of the ClaimEUR
1. The RequestEUR must connect to the Platform and complete all the requested information correctly and accurately, as well as immediately notify G DETECT BV of any changes related to its information directly via the Platform.
2. The RequestEUR guarantees that:he is at least 18 years old as a natural person and validly resides in Belgium, or that he has been validly constituted as a legal person;if he operates as a natural person in the context of his professional activity or on behalf of a natural person who operates in the context of his professional activity;the Assistance corresponds to the description sent to the Technician via the Platform; Assistance complies with these General Conditions, in particular Article 8; it takes all reasonable precautions to avoid any possible damage;the Assistance will be entrusted to the Technician at the place and time indicated on the Platform;the Assistance will be received by the Recipient at the place and time indicated on the Platform; he will not use the Platform for the transport of persons. This also implies that the Technician may not transport the Requesteur or Dispatcher at the same time as the Support; and payment will take place as indicated on the Platform.
3. The DemandEUR will release G DETECT BV, the Technician and third parties from any liability arising from the fact that the aforementioned statements of the RequestEUR do not correspond to reality or that the Assistance does not comply with these General Terms and Conditions and/or the legislation in force, and will therefore compensate for any damages or costs resulting therefrom, including legal costs.4. The RequestEUR is liable for any damage caused by or through the Assistance entrusted to the Technician, both by the nature of the Assistance and by the EUR packaging and both for any damage to the Assistance itself or to other Assistance, to the environment and to persons.
Section 12. Rates and terms of payment
1. DemandEUR's use of the Platform is free of charge unless DemandEUR opts for the use of a premium paid feature under the subscription model via the Platform. 2. Services and support bookings are subject to a charge. The rates correspond to the rates in force applied by G DETECT BV for the Services at the time of booking assistance. The rates in force can be consulted when ordering support on the platform. These can be modified at any time by G DETECT BV, without this modification affecting a current support reservation. The price of the Service includes the postage of assistance.
3. Prices are quoted in EURos, including taxes.
4. The Service and the Application are accessible via the internet as well as the placing of any Order requires to be connected to the internet whatever the form (Wifi, 4G, ...). Internet connection costs are exclusively the responsibility of the Customer. The Customer's attention is drawn more particularly to the costs of internet connection by mobile networks.
5. In order to be able to submit a booking request from a Assistance, the RequestEUR must have entered a valid means of payment via the payment partner Vivawallet. 6. Billing periods are from 1 to 14 and from 15 to the end of the current month. The balance of the Services for the current billing period can be viewed under Settings, Billing section of the platform.
7. Payments of the balance of the Services will be debited automatically twice a month, on the 15th (fifteenth) of the current month and the 1st (one) of the following monthunless the day of withdrawal is a non-working day, in which case the debit will take place on the first next working day.
8. Any non-payment by a RequestEUR, in particular due to the expiry of the credit card entered or an insufficient balance on the card or bank account will automatically result in the suspension by G DETECT BV of its access to the assistance booking via the platform. In case of default, the RequestEUR will be notified by email and asked to update its payment information. New direct debit attempts will be made on the payment method entered until recovery of the sums due.
9. In the event of full non-payment of the invoice 15 days after its issuance, the amount thereof shall be increased by default interest at the legal rate applicable in the event of late payment in commercial transactions published in MonitEUR by the Minister of Finance. Such interest shall be payable ipso jure without prior notice formality.
10. Any amount unpaid in due time will be increased ipso jure, and without compensation, by 15% with a minimum of EUR 100, as a lump sum and irreducible indemnity.
11. Failure to pay, even partially, an invoice on the due date results in all other invoices becoming immediately due and the suspension of all service performance by G DETECT BV SA
12. "Key Account" customers have the option of opting for payments by manual transfer, with payment terms negotiated with G DETECT BV. In this case, the default interest referred to in Article 12 - paragraph 7 will be calculated from the due date of the invoice.
13. The RequestEUR will pay the Technician the agreed rate, which will be deducted from the total value of the balance of the G DETECT BV Services, via the Platform. 14. As such, G DETECT BV facilitates the payment of the price corresponding to the assistance, by acting on behalf of the Technician as a limited collection agent of the said Technician. Payment made in this way will be considered in the same way as a payment made directly by the RequestEUR to the Technician. This rate includes the commission that will be paid by the Technician to G DETECT BV for the use of the Platform. The General Terms and Conditions (link on our website) of G DETECT BV form an integral part of these General Terms and Conditions.
15. Any complaint, to be valid, must be sent to G DETECT BV by email to the address info@gassistance.be within 8 days of the execution of the assistance. After this period, the assistance is considered to have been carried out to the full satisfaction of the customer, the delivered good is considered compliant and without defects, and the related invoicing is considered correctly established.
16. The payment made is final and does not give rise to a refund, unless G DETECT BV decides otherwise.
Section 13. Limitation of liability
The liability of G DETECT BV is limited to finding a Technician or, as the case may be.
where appropriate, to inform the RequestEUR within a reasonable time that no Technician could be found. G DETECT BV will in no event be held liable in the event of damage to and/or loss of Assistance or in the event of damage caused by Assistance. G DETECT BV cannot under any circumstances be held liable for indirect damages, including, but not limited to, loss of profit (e.g. decrease or loss of turnover, loss of profits, customers, data, etc.) resulting from a contractual and/or extra-contractual fault on the part of G DETECT BV and/or its employees and/or subcontractors. Notwithstanding anything to the contrary, the liability of G DETECT BV is in any case limited to EUR 500 (five hundred) per carriage.
Section 14. Non-solicitation
of Technicians Throughout the duration of this Contract, but also for a period of 6 months after the end of it, the RequestEUR expressly undertakes not to solicit directly or indirectly the service providers Technicians partners of G DETECT BV, without the written consent of G DETECT BV in the contractual territory. In addition, the DemandEUR is required to enforce this obligation of non-solicitation of Technicians, if any, to any person working directly or indirectly for its benefit (employees, workers, etc.). In the event of non-compliance with the obligation provided for in §1, directly or indirectly, by himself or by a third party for whom he is responsible, the ClaimEUR undertakes to pay a fixed and irreducible compensation of 15,000.00 EURo; to G DETECT BV, without prejudice to G DETECT BV claiming additional damages.
Section 15. Personal data
The personal data that the RequestEUR, the Sender, the Technician and the Recipient (or their staff members) communicate to G DETECT BV are used by G DETECT BV in order to provide the services referred to in these General Terms and Conditions and to ensure the commercial promotion of the Services provided by G DETECT BV and by companies related to G DETECT BV within the meaning of Article
11 of the Companies Code. Unless the RequestEUR, the Sender, the Technician or the Recipient (or the relevant members of the EUR) object, this data may be communicated for these purposes to the said affiliated companies. The email addresses given by the EURs users in the application, can be used by the Platform to communicate information about G DETECT BV. The EUR user has the possibility to unsubscribe from these communications at any time, via the 'unsubscribe' option in each communication. The Technician accepts that the photos of the Assistance that are uploaded to the Platform by G DETECT BV may be used and/or modified for commercial purposes;
The Technician accepts that the mobile numbers of the parties concerned (= DemandEUR, Sender, Technician and Recipient) are made available to these parties concerned on the Platform, until the moment the shipment is put in the delivered status;
The Technician accepts that chat messages that are sent via the G DETECT BV application between the Sender, the Technician and the Recipient, may be seen by the administrators of the Platform, and that these messages may be used in case of dispute;
If the RequestEUR, the Sender, the Technician or the Recipient (or the relevant staff members) do not wish the EUR personal data to be used and/or communicated for these purposes, they may inform G DETECT BV at any time in writing. The RequestEUR, the Sender, the Technician or the Recipient also have a right of inspection and correction on the EURs personal data. They may exercise these rights by sending a written, dated and signed request to G DETECT BV; The privacy statement (link on the Site) is an integral part of these General Terms and Conditions.
Section 16. Miscellaneous
provisions The possible nullity of one or more clauses of this agreement or parts of this agreement does not entail the nullity of the agreement as a whole, but only of the party concerned. Any dispute concerning or having a connection with these General Terms and Conditions that cannot be settled amicably falls under the exclusive jurisdiction of the courts of Brussels.These General Terms and Conditions are exclusively governed by Belgian law. The parties undertake to guarantee absolute confidentiality vis-à-vis third parties in all matters relating to technical and commercial information of a confidential nature of which the parties are informed in the context of the execution of these General Conditions. However, this will not apply to information whose disclosure is required by law, regulation or court order.
Section 17. Referencing
Upon acceptance of these conditions by the DemandEUR, the Holder reserves the right to quote the name and logo of the DemandEUR for reference in any advertising, commercial and institutional document (in particular on its Site), which the DemandEUR expressly declares to accept.
Section 18. Miscellaneous
provisions The possible nullity of one or more clauses of this agreement or parts of this agreement does not entail the nullity of the agreement as a whole, but only of the party concerned. Any dispute concerning or having a connection with these General Terms and Conditions that cannot be settled amicably falls under the exclusive jurisdiction of the courts of Brussels. These General Terms and Conditions are exclusively governed by Belgian law. The parties undertake to guarantee absolute confidentiality vis-à-vis third parties in all matters relating to technical and commercial information of a confidential nature of which the parties are informed in the context of the execution of these General Conditions. However, this will not apply to information whose disclosure is required by law, regulation or court order.
Section 19. GENERAL CONDITIONS OF SALE (GTC) OF DETECTION:
Definition. Client: the natural or legal person for whom work is carried out by G DETECT BV on the basis of these conditions ARTICLE 1. Applicability: These General Terms and Conditions have the force of law for the client and apply to all quotations, contracts and services of G DETECT BV relating to leak detection. They are an integral part of the service contract. Both parties declare that they have read the general terms and conditions, that they have approved them and that they have received a copy of them. Any deviating provision in any other document shall be deemed unwritten unless previously agreed in writing by both parties. The offers, prices of G DETECT BV as well as the conditions are non-binding. Any provision of this Agreement that is unenforceable or unenforceable or contains a possible loophole shall not affect the validity of this Agreement. ARTICLE 2. Delivery of services: . 2.1. The G DETECT BV service consists of using a series of specialised techniques to demonstrate the presence or absence, origin and location of leaks in certain circumstances. When making an offer or accepting an assignment, G DETECT BV is subject to an obligation of means vis-à-vis the customer. 2.2. For leak detection using the measuring and analysis instruments it uses, G DETECT shall ensure the accuracy of the measurement or observation result. Given the complexity of a situation and unknown factors, G DETECT cannot guarantee the final result. 2.3. In the absence of a written cancellation by the instructing party within 24 hours before the start of the intervention, G DETECT reserves the right to invoice the services up to 80 euros. In case of absence during the intervention, G DETECT reserves the right to invoice the services (file management, travel and absence report) up to 150 euros. ARTICLE 3. Liability: Except in cases of wilful misconduct, the liability of the service provider for errors made during the provision of the services is in any case limited to direct and material damage. Property damage means: any degradation, devaluation, destruction or loss of objects, with the exception of any other damage such as bodily injury, moral damage, purely financial damage, loss of utility or interruption of activities. In all cases other than wilful misconduct, liability shall be limited to the maximum amount of the award. Under no circumstances can G DETECT BV be held responsible for damage resulting from normal wear and tear and/or misuse. ARTICLE 4. Price: The price element is variable and will depend on the contract between G DETECT BV and the aforementioned customer. ARTICLE 5. Payment: Our General Terms and Conditions of Sale are applicable to all our invoices. Any invoice unpaid on the day of its due date will result in interest of 15%, ipso jure and without warning or formal notice, which will be increased by a lump sum compensation equal to 15% of the amount due with a minimum of € 150. In the event of a dispute, only the courts of Brussels are competent. Any complaint on the services invoiced will be made within five working days after receipt of our invoice. After this period, our invoices are considered fully accepted. ARTICLE 6. Applicable law: Commitments between G DETECT BV and the customer are exclusively governed by Belgian law, ARTICLE 7. Dispute: All disputes arising from the contract, on which these General Terms and Conditions apply or arising from other contracts related to the first, will fall under the exclusive jurisdiction of the courts of Brussels.
ARTICLE 20. GENERAL CONDITIONS OF SALE (GTC) OF THE REPAIR 1. GENERAL:
1.1. Our quotations are drawn up on the basis of the data communicated to us by the client and are exclusive of VAT. Any modification of these data based on observations made on the site may result in a price adjustment. 1.2. The price of the offer may be revised upwards if the work actually carried out exceeds the initial estimate. 1.3. The deadline for the execution of the work is only indicative and is never binding, unless otherwise agreed. 1.4. All quotes are valid for 30 days, unless formally exceptioned. 1.5. By authorizing the commencement of the works, the client is deemed to have tacitly accepted the aforementioned estimate, even in the absence of the signature. 2. THE PRICE INCLUDES: 2.1. All transport costs, working hours and normal wear and tear of the tools used for the execution of the work during the normal working hours are included in the price. Daily working hours are between 8 a.m. and 4:30 p.m. A supplement, to which it is referred in the quotation, will be charged outside daily working hours and for days other than normal working days. 2.2. Any drilling or sawing of reinforcements with a diameter of 16mm is included in the price. Any larger section of a frame or metal may result in a price adjustment. 2.3. The calculation of all our prices is made on the basis of the execution of work on construction sites in the structural phase. Any work in another stage of finishing may result in a price adjustment. 2.4. Downtime on a construction site will be charged at the rate of 70 euros / hour / worker. Any fraction of the waiting hour started will be charged at the price of one hour of waiting. 2.5. If our workers cannot start work on the site on the appointed day or time for reasons beyond their control, the client will pay one compensation per worker per day started, depending on the location of the site. 3. THE FOLLOWING ARE NOT INCLUDED IN THE PRICE: 3.1. Water-resistant tracing of boreholes and sawnwood is not included in the price. The careful tracing of drilling / sawing points belongs to the client. It will be necessary that this tracing is done before the arrival of our workers otherwise downtime will be taken into account. Tracing will always be done on the side of the wall where the work will be carried out. 3.2. The delivery and assembly of scaffolding, boom lift and the like are no longer included in the price, unless formally specified. 3.3. The disposal of cooling water, residues and other falls and cleaning in the broad sense of the workplace are no longer included in the price, unless formally exceptioned. 3.4. The quotation mentions the hourly rate under direct management. This hourly rate will be applied, among other things, for obtaining work permits, completing formalities at access to the site and others. 4. TO BE PROVIDED ON SITE BY THE CLIENT: 4.1. It is always up to the client to provide the premises with running water, compressed air and electricity 220V mono or 380V 3 ph according to the instructions, unless otherwise agreed. And this at a maximum of 50 meters from the places of works. 4.2. It is the responsibility of the developer to indicate the exact location of any cables and conduits in the walls or floors on which work is to be worked. We are not responsible for any damage. 4.3. The work site must always be accessible, clean, unobstructed and provided with the necessary signs and safety provisions. In the absence of the aforementioned elements, we reserve the right to postpone the work, resulting in downtime or compensation. 5. LIABILITY: 5.1. Material damage caused by cooling water, by fallen cores, resulting from the drilling of pipes or cables, damage to reinforcements etc. shall always be borne by the contracting authority, who shall be responsible for taking the necessary precautions. If third parties assert claims, the client shall indemnify us and compensate us for the damage caused to these third parties. 5.2. Any responsibility relating to the stability and solidity of the construction as well as the location of the work to be carried out lies exclusively with the client. The client must always guarantee our company even in the event of faultless liability and actions based on Article 544 of the Civil Code.
6. PAYMENT FOR THE WORK: 6.1. Our invoices are payable within 15 days unless otherwise agreed. A deposit of 80% of the total amount will be paid by the contracting authority before the actual planning of the intervention. A copy of the proof of payment must be sent by simple email to G DETECT BV. 6.2. Any failure to pay on the due date entitles us to suspend the work in progress until actual payment. This suspension will be communicated by simple letter (fax) or e-mail. 6.3. Any failure to pay on the due date will automatically entail the application of default interest at the rate of 15% on an annual basis of the unpaid amount and after an inefficient formal notice, a lump sum compensation in the form of a 15% increase clause on the balances of the invoice with a minimum of 150 euros will be claimed from the contracting authority. 7. VAT RATE: 7.1. In the absence of a written objection, within one month of receipt of the invoice, the customer is presumed to acknowledge that (1) the work is being carried out on a residential building whose first occupation took place during a calendar year that precedes by at least ten years the date of the first invoice for such work, (2) after the execution of these works, the dwelling is used, either exclusively or as a principal property, as a private dwelling and (3) that these works are supplied and invoiced to a final consumer. If at least one of these conditions is not met, the standard VAT rate of 21% will be applicable and the customer will assume, in relation to these conditions, the responsibility for the payment of the tax, interest and fines due. 8. DISPUTE: 8.1. Any complaint relating to the execution of a work must reach us by registered letter to the post office within five working days of receipt of the invoice. 8.2. The contractual relationship between the parties is governed by Belgian law. 8.3. Any dispute shall fall under the exclusive jurisdiction of the courts of the district of Brussels.
