“Agreement” means these SaaS Terms and Conditions, CheckHub’s General Terms of Sale, Checkhub’s Data Processing Agreement and all materials referred or linked to in here, unless otherwise stated.
“CheckHub” means the limited liability company CheckHub, whose registered office is located at Cantersteen 10, 1000 Brussels, and registered with the Crossroads Bank for Enterprises under number 0643.862.739.
“Customer” means the legal or natural person ordering or subscribing to the Services as the contracting party of CheckHub.
“End User” means the natural person to whom the Customer gives access to the Services in order to collect his documents.
“Services” means the documents collection Software as a Service developed by CheckHub.
Terms & Conditions
- Use of Services
- CheckHub grants the Customer access to the Services in accordance with the Agreement.
- The Customer will have administrator access in accordance with the conditions stipulated in Schedule 1 of these SaaS Terms and Conditions.
- The Customer is authorized to grant access to the Services to its End Users in accordance with the terms and conditions stipulated in Schedule 1 of these SaaS Terms and Conditions.
- The Customer is responsible for the security of his administration account.
- The Customer is responsible for the use of the Services by its End Users.
- After a first notice of default, CheckHub reserves the right to suspend all or part of the Services in case of non-payment of one or several invoices.
- CheckHub has the right to change the amount of the fee after notifying the Customer of such change by email. This change in fees will be effective upon the next renewal of the Agreement. If CheckHub notifies that modification less than one (1) month prior to the Termination Notice date, the Customer may terminate the Agreement after its renewal for a period equivalent to the Termination Notice.
- Term, Renewal and Termination
- The Agreement is effective as of the date of the signature of these SaaS Terms and Conditions, except if another start date is set forth in Schedule 1 of these SaaS Terms and Conditions.
- The initial term of the Agreement is one year, except if another specific initial term is set forth in Schedule 1 of these SaaS Terms and Conditions.
- Upon expiration of the initial term, unless one of the parties gives notice, the Agreement is automatically renewed for a term identical to the initial term.
- Either party may terminate this Agreement at least three months prior to the expiration date of this Agreement upon notice as set forth in Schedule 1 of these SaaS Terms and Conditions.
- Any termination by one party shall be notified to the other party by registered mail addressed to the headquarters of the party receiving the notification.
- In case of use of the Services by the Customer not in accordance with this Agreement, in case of breach by the Customer, or more generally in case of violation of applicable laws and regulations, CheckHub may terminate by operation of law, without prior notice or compensation, all or part of the Customer’s access to the Services. CheckHub may terminate the Service without prejudice to any other rights, actions and remedies CheckHub may have to recover any damages it may have suffered as a result of such breach.
- Availability of the Service
- The Service is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of CheckHub and except for interruption, suspension or limitation in the context of maintenance operations and/or updates necessary for the proper functioning of the Service.
- CheckHub is only bound by an obligation of means concerning the accessibility, functioning and availability of the Services. CheckHub reserves the right to interrupt, suspend or limit access to all or part of the Service, in particular due to legal or technical constraints.
- The Customer expressly acknowledges that the above-mentioned suspensions, interruptions or limitations may occur at any time without prior notice and that they shall not give rise to any obligation or compensation for the Customer.
- Intellectual property
- CheckHub grants the Customer a limited, revocable, non-exclusive, non-transferable, non-resalable right to use the Services for its internal intended purpose for the term and within the scope of this Agreement.
- The Customer is not granted a license to any software by this Agreement. CheckHub retains all intellectual property rights to the Services, its documentation and any other products or services under this Agreement.
- CheckHub is entitled to use the Customer’s name and logo to demonstrate and market the Services, including on its website or any other manner.
- CheckHub makes no other warranties, express or implied, including, but not limited to, non-infringement of third-party rights, continuity, performance and/or durability of the Services and/or fitness for a particular purpose or suitability of the Services for the Customer’s needs, nor does CheckHub warrant that the Services will be free from defects, errors or bugs or that they will operate without failure or interruption. The Services are provided on an “as is” and “as available” basis.
- Access to the Services implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible hijacking and the risks of contamination by any viruses circulating on the network. CheckHub does not guarantee that the Services or its servers will at all times be free of viruses, worms, Trojan horses or any other component likely to cause damage. It is the Customer’s responsibility to take all appropriate measures to protect its own hardware, data, and/or software stored on its computer equipment from harm.
- Access to and use of the Services by the Customer shall not in any way engage the responsibility of CheckHub, in any capacity whatsoever. Access to and use of the Services are under the Customer’s sole responsibility.
- The Customer is the sole master of the good use, with discernment and spirit, of the Services and of the contents that he or his End Users integrate, generate and distribute.
- No advice or information, whether oral or written, obtained by the Customer in the course of using the Services shall create any warranty not expressly provided for in this Agreement, nor shall CheckHub be liable for any damages of any kind caused to the Customer or any third party as a result of the Customer’s or its End Users’ misuse of the Services in violation of the provisions of this section and more generally as a result of the Customer’s failure to comply with this Agreement.
- The Customer is responsible for any damage to his computer system, to the Services and/or its contents, as well as for the loss of data that could result from his use of the Services. In this respect, the Customer is responsible for the implementation of anti-virus and other security measures for his computer system.
- To the fullest extent permitted by applicable law, CheckHub expressly excludes liability for any damages, direct or indirect, arising out of or in connection with the access to, use of, or inability to use the Services, regardless of the nature and duration of such damages.
- The Customer acknowledges that CheckHub remains free to correct and/or modify the Services at any time and without notice, without such correction and/or modification giving rise to any right of recourse on its part.