SummaryTaking out a subscription constitutes full acceptance of these terms.
The purpose of these terms of sale is to define the rights and obligations of WEWED SRL (hereinafter “WEWED”), CBE no. 1033.891.623, and of the professional service providers listed on the WEWED platform (hereinafter the “Vendor”) (hereinafter together “the Parties” or separately the “Party”).
Every Vendor acknowledges having had actual knowledge of these terms and of their content prior to taking out its subscription. It further acknowledges having been aware that these terms also appear on WEWED’s website. These terms are deemed accepted by the Vendor upon taking out a subscription, which entails full and complete adherence to them. The Vendor acknowledges that WEWED drew its attention to the existence and content of Article 5.23 of Book V of the Civil Code.
SummaryTwelve-month subscription, with no guarantee as to the number of contacts or turnover. Non-payment triggers late-payment interest and a charge of 10 % of the amount, with a minimum of 100 euros.
The Vendor takes out a subscription giving it access to the services offered by WEWED, in accordance with the terms set out in the service contract concluded between the Parties, which specifies in particular the duration of the subscription, twelve (12) months, and the applicable financial conditions.
The subscription grants access to the WEWED platform, online visibility and a tool for making contact. The Vendor acknowledges that these services are provided with no guarantee of result, of number of contacts or of turnover.
In the event of total or partial non-payment of an invoice on its due date, the Vendor shall owe, automatically and without prior formal notice:
- late-payment interest in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions;
- a flat-rate administrative charge equal to 10 % of the unpaid amount, with a minimum of 100 euros, without prejudice to WEWED’s right to claim further compensation for the loss actually suffered.
In addition, after formal notice has gone unheeded, WEWED reserves the right to suspend or delete the Vendor’s access to the platform, without such suspension giving rise to any compensation for the Vendor.
SummaryWithout written notice received no later than four weeks before the renewal date, the subscription is renewed for a year. Sums paid remain acquired, with no pro-rata refund.
Termination by the Vendor
The Vendor may terminate the subscription at the end of the twelve (12) month period, subject to four (4) weeks’ notice given in writing. Unless termination is notified no later than 4 (four) weeks before the renewal date, the contract is automatically renewed for a further year.
Termination takes effect at the end of the notice period.
Sums already paid for the subscription remain definitively acquired by WEWED, which owes no refund in whole or in part.
Termination by WEWED
WEWED may terminate the subscription with the Vendor, subject to eight (8) weeks’ notice given in writing, in the event of:
- serious breach of contract;
- the supply of false, misleading or incomplete information;
- conduct harming the image, proper functioning or security of the platform;
- failure to comply with the legal or regulatory obligations applicable to the Vendor.
Termination brings the right of access to the platform to an immediate end.
The rights granted to WEWED over the content supplied by the Vendor remain valid for the purposes of archiving, evidence and compliance with legal obligations.
SummaryWEWED is neither an agent, nor a broker, nor a commercial representative. A dispute with a user is not its responsibility, nor is a temporary interruption of the service.
The Vendor acknowledges that WEWED acts solely as a digital service provider making available a platform for visibility and for putting parties in touch.
WEWED does not intervene at any stage in the negotiation, conclusion or performance of the contracts entered into between the Vendor and the users of the platform.
WEWED is neither an agent, nor a broker, nor a commercial representative of the Vendor.
Accordingly, WEWED may in no case be held liable for:
- the poor performance or non-performance of a contract entered into between the Vendor and a user;
- disputes, complaints or damage arising from that relationship;
- financial loss, loss of opportunity, loss of income or indirect damage suffered by the Vendor.
WEWED does not guarantee continuous and uninterrupted access to the platform. The Vendor acknowledges that temporary interruptions may occur, in particular for maintenance, updates or force majeure, without WEWED incurring liability.
SummaryMutual confidentiality obligation, except for information already known, lawfully obtained from a third party, or in the public domain.
Non-public information of a technical, commercial, financial or professional nature exchanged between WEWED and the Vendor in the course of their contractual relationship is considered confidential (the “Confidential Information”).
The Parties undertake to:
- use the Confidential Information solely for the purposes of performing the contractual relationship;
- not disclose that Confidential Information to third parties without prior written authorisation, save where required by law;
- take reasonable steps to preserve its confidentiality.
The confidentiality obligations do not apply to information:
- already known to the receiving Party without any duty of confidence;
- lawfully obtained from a third party;
- that has entered the public domain without breach of these terms.
SummaryTwo separate controllers: WEWED for the platform and the contract, the vendor for what it receives directly from users.
WEWED acts as controller for the personal data processed in connection with the management of the platform, the contractual relationship with the Vendor and communications internal to the platform.
The Vendor acts as an independent controller for the personal data it receives directly from users in the course of its professional activities.
WEWED processes personal data on the basis of performance of the contract, compliance with its legal obligations and its legitimate interest.
Data subjects may exercise their rights with WEWED at the following address: contact@wewed.be
The Vendor warrants that it complies with all applicable data protection regulations and that it alone bears any liability relating to the processing it carries out.
SummaryYour content remains your property, subject to a non-exclusive licence in favour of WEWED for operating and promoting the platform. Extraction of the database is prohibited.
All the elements making up the platform, in particular the software, source code, databases, structures, interfaces, texts, graphics, logos, trade marks, domain names and editorial content, are the exclusive property of WEWED or of its licensors and are protected by the intellectual property rights in force.
The Vendor retains all intellectual property rights in the content it posts. It grants WEWED, free of charge and worldwide, a non-exclusive licence permitting the reproduction, display, adaptation and communication to the public of that content, strictly for the purposes of operating and promoting the platform.
WEWED grants the Vendor, for the duration of its subscription, a personal, non-exclusive, non-assignable and non-transferable licence to use the platform, strictly limited to the needs of its professional activity and to the features provided for in its subscription.
The Vendor is strictly prohibited from reproducing, extracting, re-using or exploiting the platform or its databases, in whole or in part, by any means whatsoever, without WEWED’s prior written authorisation. Any use not expressly authorised is prohibited.
SummaryContract entered into in a professional capacity: the consumer right of withdrawal does not apply.
The Vendor acknowledges that it contracts with WEWED solely in the course of its professional activity. Accordingly, no right of withdrawal applies to the subscription taken out by the Vendor.
SummaryAny complaint of non-conformity must be made within ten working days of taking out the subscription. After that period, access is presumed to be compliant.
Where there is a lack of conformity between the terms of the subscription and access to WEWED’s platform, the Vendor may lodge a complaint by email or registered letter within ten working days of taking out the subscription. After that period, access to the platform is presumed to comply with what is described in the subscription.
SummaryAmicable settlement is preferred. Failing that, exclusive jurisdiction of the courts of Charleroi. The nullity of one article does not entail that of the agreement.
Any dispute concerning the interpretation or performance of the contractual obligations arising from the relationship between WEWED and the Vendor falls within the exclusive jurisdiction of the courts of the judicial district of Charleroi. The Parties confirm, however, that an amicable settlement of the dispute will be preferred before any legal proceedings are brought.
The nullity of an article of this agreement, or of part of an article, does not entail the nullity of the agreement as a whole. If an article is wholly or partly void, it shall be replaced by a valid article coming as close as possible, in its legal and economic effects, to the void clause, so that the Parties may be deemed to have contracted on those terms.
WEWED SRL, company number CBE 1033.891.623, Belgium.