Terms & Conditions

These terms apply to every quotation, order, subscription and agreement between Digitalnatie and its customer concerning Digitalnatie Service Suite and the services delivered around it.

By subscribing to the platform, the customer accepts these terms. Any purchase or general conditions of the customer are expressly excluded, unless we have accepted them in writing.

Where a separate written agreement is signed between the parties, that agreement prevails over these terms on any point where the two differ. On every other point, these terms continue to apply.

For the duration of the subscription, Digitalnatie grants the customer a non-exclusive, non-transferable right to use the platform for its own business operations.

The platform is delivered as a service over the internet. The customer provides a suitable internet connection and up-to-date browsers or mobile devices for its users.

The functionality of each plan and module is described on our website and in the accepted quotation. We continue to develop the platform, so features may be added, changed or replaced. We will not withdraw functionality that is essential to a plan the customer has subscribed to without offering an equivalent alternative or a reasonable notice period.

Onboarding, data migration, configuration work and training are separate services. They are quoted for the customer's specific situation and are not included in the subscription price.

The customer:

• is responsible for the accuracy and lawfulness of the customer data it enters;
• ensures its users keep their credentials confidential and do not share accounts;
• assigns and periodically reviews access rights within its own environment;
• informs us without delay of any suspected unauthorised use of its environment;
• uses the platform only for lawful purposes and in line with the agreement;
• ensures it has a valid legal basis for the personal data it puts into the platform, and informs its own data subjects as required.

The customer may not resell the platform, sublicense it, make it available to third parties, or use it to build a competing product, without our prior written consent.

The customer remains responsible for the acts and omissions of its users as if they were its own.

Subscriptions are charged per user per month, with a minimum number of users per plan, as set out on our pricing page or in the accepted quotation.

Unless agreed otherwise, a subscription starts on the agreed start date and renews automatically for successive periods of the same length. Either party may prevent renewal by giving written notice at least 30 days before the end of the current period.

• Users can be added at any time and are charged pro rata from the moment they are activated.
• A reduction in the number of users takes effect at the start of the next subscription period.
• An upgrade to a higher plan takes effect immediately, charged pro rata.
• A downgrade to a lower plan takes effect at the start of the next subscription period.

Prices are stated in euro and are exclusive of VAT and of any other duties or taxes.

Invoices are payable within 14 days of the invoice date, unless the invoice states a different term. Disputes about an invoice must be raised in writing within 14 days of its date; they do not suspend payment of the undisputed part.

If an invoice is not paid on time, interest for late payment and fixed compensation are due by operation of law and without prior notice, in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions.

If an invoice remains unpaid after a written reminder and a reasonable period to remedy, we may suspend access to the platform. Suspension does not release the customer from its payment obligations, and access is restored once payment has been received.

All intellectual property rights in the platform — including its software, structure, design, documentation and trademarks — belong to Digitalnatie or its licensors. The agreement grants a right of use only; no ownership passes to the customer.

Where the customer gives us feedback or suggestions about the platform, we may use them freely to improve it, without any obligation or compensation, and without acquiring any right to the customer's own data or business information.

The customer may not copy, modify, decompile or reverse-engineer the platform, except to the extent that mandatory law expressly permits it.

We make reasonable efforts to keep the platform available and to resolve interruptions promptly.

Planned maintenance is carried out outside Belgian business hours where possible, and is announced in advance whenever it is likely to interrupt the service.

The platform may be temporarily unavailable because of maintenance, updates, or events beyond our reasonable control. Such interruptions do not in themselves constitute a breach of the agreement.

Support is provided in Dutch, French and English by email at [email protected], during Belgian business hours (Monday to Friday, 9:00–17:00, excluding Belgian public holidays).

We aim to acknowledge every request on the next business day and to handle issues according to their impact on the customer's operation. Response and resolution times are indicative unless a separate service level agreement has been signed.

Support covers questions about the use of the platform and the correction of defects. It does not cover training, configuration work, data migration or development requests, which are quoted separately.

Each party complies with the General Data Protection Regulation and with the Belgian data protection legislation applicable to it.

For the customer data held in the platform, the customer is the data controller and Digitalnatie acts as processor. A data processing agreement setting out that relationship is available on request via [email protected].

How Digitalnatie processes personal data in its own right — for prospects, billing contacts and website visitors — is described in our Privacy Policy, which forms part of the agreement.

Digitalnatie is liable only for direct damage caused by an attributable failure in the performance of the agreement.

We are not liable for indirect or consequential damage, including loss of profit, loss of turnover, loss of customers, loss of anticipated savings, reputational damage, or claims by third parties.

We are not liable for loss of or damage to customer data caused by the customer, by its users, or by third parties acting on its instructions. The customer is responsible for exporting the data it wishes to retain, within the period described in section 12.

None of these limitations applies in the event of fraud, wilful misconduct or gross negligence, in the event of death or personal injury, or where liability cannot be limited under mandatory Belgian law.

Either party may end the subscription at the end of the current period, observing the notice period in section 5.

Either party may terminate the agreement with immediate effect, by written notice, if the other party:

• commits a material breach that is not remedied within 30 days of a written notice to remedy; or
• is declared bankrupt, enters judicial reorganisation, or ceases its activities.

Amounts already invoiced remain due. There is no refund of the current period, unless the termination is caused by an attributable failure on our side.

Each party keeps confidential all non-public information it receives from the other party, and uses it only to perform the agreement.

This obligation does not apply to information that is already public without a breach of the agreement, that was already lawfully known to the receiving party, that it develops independently, or that must be disclosed by law or by a decision of a court or authority.

The obligation continues for three years after the end of the agreement. Each party imposes equivalent obligations on its staff and subcontractors.

The agreement is governed by Belgian law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first make a genuine attempt to resolve any dispute amicably. Failing that, the dispute will be brought exclusively before the courts competent for the registered office of Digitalnatie in Belgium.

For customers established outside Belgium, this choice of law and forum applies regardless of the customer's place of establishment.

Neither party is liable for a delay or failure in performance caused by an event beyond its reasonable control, including natural disasters, war, terrorism, riots, strikes, epidemics, fire, flooding, failure of public utilities, failure of telecommunications networks, and measures imposed by public authorities.

The affected party informs the other without delay and makes reasonable efforts to limit the consequences.

If the event lasts longer than 60 consecutive days, either party may terminate the agreement in writing, without compensation, for the part that has not yet been performed.

Questions about these terms, a quotation or an invoice are handled at the addresses below.

General and support

[email protected]

Privacy

[email protected]

Company

Digitalnatie, Belgium

VAT number

Coming soon

If any provision of these terms is held invalid or unenforceable, the remaining provisions stay in force, and the invalid provision is replaced by a valid one that comes as close as possible to its purpose.