Our-Clients

Terms of use for users of OUR-CLIENTS

General Terms and Conditions for using OUR-CLIENTS

"OUR-CLIENTS" refers to the services that are subject to these General Terms and Conditions and/or OUR-Clients bvba.

Preamble

By logging on to OUR-CLIENTS, users accept the following General Terms and Conditions (referred to as “GTC” hereafter) for using OUR-CLIENTS.

OUR-CLIENTS operates OUR-CLIENTS services under different top-level domains (Our-Clients.com, Onze-Klanten.com, Nos-Clients.com, etc.), as well as under various sub-domains and aliases of these domains. All websites on which OUR-CLIENTS offers its services are referred to hereafter as “OUR-CLIENTS websites“.

These General Terms and Conditions shall govern the contract relationship between the user and OUR-CLIENTS, irrespective of which OUR-CLIENTS-website the user is registered with or logged on to. The user enters into this agreement on the use of OUR-CLIENTS services with Our-Clients BVBA. Additional contact details, trade register information as well as the name of the authorised representative of Our-Clients BVBA can be found under “about OUR-CLIENTS”. The services provided by OUR-CLIENTS are intended exclusively for persons of legal age.

The user can call up, print out, download and/or save these General Terms and Conditions at any time, even after the agreement has been terminated, under the “General Terms & Conditions” link that appears on all OUR-CLIENTS websites.

Definitions

The concepts in these General Terms and Conditions mentioned in connection with data protection have the following meanings:

"Personal data" refers to all your details and/or information about you personally and the company in which you are employed.
"OUR-CLIENTS websites" means all the websites through which OUR-CLIENTS offers OUR-CLIENTS services.
"users" refers to all paying, registered OUR-CLIENTS users who manage their testimonials online.
"referees" refers to all registered OUR-CLIENTS referees who provide the user with a testimonial which the user may publish on the OUR-CLIENTS websites.
"visitors" refers to all non-registered and registered visitors to OUR-CLIENTS websites who visit the site with the intention of reading the profile or a testimonial about a user.
"OUR-CLIENTS services": all the registered services which are offered by OUR-CLIENTS on the OUR-CLIENTS websites.
"Registration details": the personal details that the user and referee – upon registration – were obliged to provide OUR-CLIENTS with in order to use the OUR-CLIENTS services (obligatory fields).
"Profile": the information which the user has provided to OUR-CLIENTS about himself/herself and the company in which he/she is employed, which will be shown on OUR-CLIENTS websites in line with his/her specifications, within the technical possibilities of OUR-CLIENTS.
"Testimonial": is the information provided by the referee to OUR-CLIENTS about himself/herself and the company in which he/she is employed (including any photos and logos) together with a personal appreciation about the user’s company and/or about the products/and or services it provides.

1. Subject matter of the agreement

1.1 The OUR-CLIENTS websites offer registered users a platform where they can publish testimonials from clients and keep these comments up-to-date.

1.2 Any user of the services and content offered on the OUR-CLIENTS websites beyond the scope of options provided by OUR-CLIENTS requires the prior written consent of OUR-CLIENTS.

1.3 OUR-CLIENTS only makes the data and/or explanations provided by the user available to other users if this data and/or explanations are not in conflict with the legal provisions of these GTC. OUR-CLIENTS reserves the right to remove any illegal content from OUR-CLIENTS websites without prior notification.

1.4 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of OUR-CLIENTS websites. OUR-CLIENTS shall nonetheless endeavour to keep OUR-CLIENTS websites available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond OUR-CLIENTS’ control (e.g. disruptions in public communication networks, power failures, etc.), may result in brief malfunctions or temporary interruptions of the services provided on OUR-CLIENTS websites.

1.5 OUR-CLIENTS merely provides the user with a platform on which he/she can publish customer testimonials. OUR-CLIENTS provide for a procedure in order to obtain testimonials that are as reliable as possible. However, OUR-CLIENTS can never be held liable for the content of these testimonials.

1.6 OUR-CLIENTS users can contribute testimonials to the system autonomously. However, the referee is always asked for approval via e-mail before publication. The user must ensure that the e-mail address used for approval is actually the referee’s correct e-mail address.

1.7 OUR-CLIENTS reserves the right to contact the referees entered by users in order to check their authenticity. When it is established that a testimonial is validated by a person other than the stated referee, this results in irreversible exclusion from the system. There is no reimbursement of the subscription fee. On the contrary, as the user will have to pay OUR-CLIENTS a fine of €1 000 per false testimonial.

2. Ordering, delivery and payment

2.1 The ordering of OUR-CLIENTS services takes place via registration on the OUR-CLIENTS websites.

2.2 By completing the specific registration procedure below, the user has formulated an offer in order to arrange an agreement about the use of the services of the OUR-CLIENTS websites. OUR-CLIENTS accepts this offer from the user by making the OUR-CLIENTS websites services available to the user. The agreement between the user and OUR-CLIENTS comes about through this acceptance.

2.3 OUR-CLIENTS reserves the right to refuse an order.

2.4 The user renounces any right to renunciation of these agreed terms.

2.5 Each cancellation made by the user will require the payment of a fixed compensation fee of 25 % of the price of the order with a minimum of 125 euro to OUR-CLIENTS, and OUR-CLIENTS expressly reserves the right to claim the actual damages via legal proceedings.

2.6 Payment must be made via the head office of the BVBA OUR-CLIENTS. The prices for the services stated on the OUR-CLIENTS website are valid during the stated period.

2.7 The balance of the invoice must be paid promptly on the invoice date, and this remains true for the full duration of the agreement. The user can settle the invoice by using the payment procedure offered on the website, in particular with the accepted credit cards, or via the online payment procedure that is available. If a payment cannot be processed, the user must bear all the resulting costs, namely bank charges relating to the refund of the automatic transfers or similar charges, insofar as the user is responsible for the event that triggers these costs. OUR-CLIENTS can also send users invoices by via e-mail.
In addition, OUR-CLIENTS will make a copy of invoices available for the user to download for a period of one (1) year from the date of invoicing.

2.8 OUR-CLIENTS will only be bound to perform the agreement with the user after receipt of full payment of the due balance.

2.9 Each amount that remains unpaid on the due date without prior proof of default will be legally increased by a fixed compensation fee of 15 percent of the total invoice amount, with a minimum of 125 euro. In addition, for each amount that remains unpaid without serving notice, a legal default interest rate of 12 percent can be applied from the due date of the invoice to the date on which full payment is received.

2.10 In order to be valid, any objections must be sent by registered post to the head office of OUR-CLIENTS within eight days after receipt of the invoice. If no objection is received within this period, it is considered that the invoice has been accepted by the client.

3. Registration, guarantees upon registration

3.1 Users must register prior to using any of the services on the OUR-CLIENTS websites.

3.2 The user guarantees that all of the data provided by the user for registration is accurate and complete. The user must report any changes in the registration data to OUR-CLIENTS. The user may not use pseudonyms or pen names.

3.3 The user guarantees that at the time of registration, he or she is of legal age.

3.4 The user chooses a password upon registration. The user is obliged to keep this password secret. OUR-CLIENTS shall not disclose this password to any third party, and OUR-CLIENTS will never ask for the user’s password at any time.

3.5 It is technically impossible for OUR-CLIENTS to determine with any certainty whether any user registered with OUR-CLIENTS is in fact the person he or she claims to be. Consequently, OUR-CLIENTS assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

3.6 OUR-CLIENTS can never be held liable for damages caused by false information that is provided by a user. In this case, the user must indemnify OUR-CLIENTS.

4. Obligations of the user

4.1 The user is obliged:

4.1.1 To provide only true and non-misleading statements in the user profile and in communication with other users and to refrain from using any pseudonyms or pen names,

4.1.2 To only display referees who are genuinely employed by the company they represent as referees and who are employed there at the time of publication of the testimonial or at the time of the update,

4.1.3 When entering the contact details of a referee or when OUR-CLIENTS asks for it, provide a telephone number on which this referee can be contacted. In this way, OUR-CLIENTS can contact the referee by telephone in the context of an audit (see article 6) in order to check the authenticity of the referee.

4.1.4 To post on the OUR-CLIENTS websites only photographs of himself/herself/referees which are not more than five (5) years old, and in which the user or referee can be clearly and easily recognized. The user guarantees that the public display of the photographs which the user provides to the OUR-CLIENTS websites is permitted. The user may not upload any photographs or images of any other person than of the user, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.)

4.2 The user guarantees that the public display of company-specific elements such as logos is permitted.

4.3 The user guarantees that the public display of testimonials is permitted.

4.4 When using the content and services of OUR-CLIENTS websites, the user must comply with applicable legislation, and the rights of third parties must be taken into consideration.

4.5 The following actions are not permitted by users:

4.5.1 Employing any mechanisms, software or scripts when using OUR-CLIENTS-websites. However, the user may use the interfaces or software provided by OUR-CLIENTS within the scope of the services available on the OUR-CLIENTS websites.

4.5.2 Blocking, overwriting, modifying and copying any of the contents of OUR-CLIENTS websites, unless said actions are necessary for the proper use of the services on the OUR-CLIENTS websites. For example, the user of “robot/crawler” search engine technology is not required for proper use of the services, and is therefore prohibited.

4.5.3 Performing any actions which may impair the operability of the infrastructure of OUR-CLIENTS, particularly actions which may overload said infrastructure.

4.6 The user guarantees that the material which is used or provided for use is legal and does not infringe upon the rights of third-parties, upon intellectual property rights or similar rights of other parties.

5. Changes to the services on OUR-CLIENTS websites

OUR-CLIENTS reserves the right to modify the services offered on the OUR-CLIENTS websites and/or to offer services different from those offered at the time of the user’s registration, unless this is unreasonable for the user.

If it is found that the user is in breach of the provisions of these GTC, OUR-CLIENTS may unilaterally suspend and terminate the service, without being held liable for any form of compensation.

6. Audit of testimonials

By publishing a testimonial on the OUR-CLIENTS websites, the user grants OUR-CLIENTS the permission to contact this referee or the company providing the testimonial via telephone or by any other means, in order to check the identity and position of the referee, and the other published information.

7. Duration and termination of the agreement

7.1 The agreement is entered into for a period of at least 1 year and is tacitly renewed at the end of each period for the same duration.

7.2 Unless you inform us at least 1 month before the end of the duration of the agreement, this agreement is tacitly renewed for the same duration.

7.3 Moreover, the user may end the subscription in writing (e-mail) earlier than agreed and ask to have all his/her user details and testimonials pages taken offline at any time and without stating a reason. Subscription fees already paid can never be reimbursed in the event of early termination. When termination is requested less than a month before the end of the conventional duration, the subscription fee will be due for the new duration.

7.4 After termination of the agreement, all the user’s testimonials pages will be taken offline. Providing that the user has explicitly requested it, he or she can ask OUR-CLIENTS to keep his/her details and testimonials in its database for 12 months after termination of the agreement. If the subscription is not renewed within the 12 months after it is terminated, all the information will be irreversibly removed from the OUR-CLIENTS database.

7.5 OUR-CLIENTS may exclude a user from the system if there is good cause to do so. A good cause includes any of the following events:

If the user publishes false or misleading information about himself/herself or his/her referee,
If the user fails to comply with any applicable legal provisions,
If the user is in breach of a contractual obligation, in particular an obligation set out in sections 2 and 4 of these GTC,
If the reputation of the services offered on the OUR-CLIENTS websites is substantially impaired by the online presence of the user,
If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by the government,
If the user causes harm to one or more other users.

7.6 In the event of a good cause and notwithstanding OUR-CLIENTS’s right to terminate the contract in the usual way, OUR-CLIENTS is also entitled to apply the following sanctions against the user:

Delete the contents posted by the user,
Issue a strong warning,
Block the user’s access to the services on the OUR-CLIENTS-websites.

7.7 Special provision: When OUR-CLIENTS establishes via an audit that the user has wilfully given false information about his/her identity or that of a referee, the user must pay a fine of €1 000 per infringement.

8. Liability for the user’s content, data or other information

8.1 OUR-CLIENTS is does not make any guarantees regarding any content, details and/or information provided or made available by any user on any of the OUR-CLIENTS websites or on any external websites linked to them. The user is solely and completely responsible for all information and content that is made available, as well as for all the links he/she adds. In any case, the user must behave in a way that can reasonably be expected from a responsible and careful person.

8.2 OUR-CLIENTS cannot guarantee that the content of the information provided by the user is true, or that it fulfils or serves any particular purpose.

9. Duty to report abuse

9.1 If the user observes that the OUR-CLIENTS websites are being used in a way that is unlawful or in conflict with this agreement, he/she must immediately inform OUR-CLIENTS of this via the form (report misuse) that can be accessed from each page of the OUR-CLIENTS websites. In addition, the user must provide any reasonable cooperation necessary in order to remedy such complaints.

9.2 The same procedure must be followed upon discovery of false information for a referee (such as the use of pseudonyms or misleading identities).

10. Customer service/Support

Queries regarding the agreement with OUR-CLIENTS or regarding OUR-CLIENTS services can be sent by the user to OUR-CLIENTS using the contact form available on each page of OUR-CLIENTS websites, or by sending a fax or letter. OUR-CLIENTS may suspend the service temporarily for maintenance, support and updates, without there being question of any default on the part of OUR-CLIENTS.

11. Liability of OUR-CLIENTS

11.1 OUR-CLIENTS is not liable for damages inflicted upon third parties through the actions and/or behaviour of the user, except in cases where damages are also caused by gross negligence or intentionally by OUR-CLIENTS.

OUR-CLIENTS can never be held liable for reimbursing indirect damages, such as consequential loss.

11.2. OUR-CLIENTS can never be held liable for damages that occur due to the use of the service by a user or a third party, such as the removal or loss of files and other data, defects or delays in transmission, server or Internet disruptions and changes to the website.

11.3 The user will indemnify OUR-CLIENTS for any claims which third parties may make against OUR-CLIENTS due to incorrect and/or illegal use of the information system. Upon the first request, the user must provide OUR-CLIENTS with the necessary licences, patents and permits in connection with the published data.

11.4 The liability of OUR-CLIENTS for professional errors is in all cases limited to the amount for which OUR-CLIENTS is insured, if appropriate, under the professional liability policy.

12. Data protection

OUR-CLIENTS complies with all the statutory data protection directives (Belgian legislation and European directives on the protection of personal details). Particulars concerning the personal details of the user and the referee are determined in the OUR-CLIENTS provisions on data protection. These can be consulted by anyone who wishes to do so via the OUR-CLIENTS websites.

13. Final provisions

13.1 These GTC and any amendments to them must be in writing in order to be valid. No additional agreements exist.

13.2 The invalidity of a clause of these GTC does not entail the invalidity of these GTC. Both parties agree to replace an invalid provision with a valid provision which most closely matches the intent of the provisions which were included in the original agreement.

13.3 OUR-CLIENTS reserves the right to amend these GTC at any time, without stating any reasons, unless an amendment is unreasonable to the user. OUR-CLIENTS will give due notice of the amendments to the user. If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user. OUR-CLIENTS will inform the user about the user’s right to object and of the relevance of the objection deadline in said notice.

13.4 Unless otherwise stated, the user may submit all notices to OUR-CLIENTS by e-mail using the contact form provided on each page of the OUR-CLIENTS websites, or by letter or fax. OUR-CLIENTS may send notices to the user by e-mail, letter or fax to the addresses given in the user’s current contact data in his or her user account.

13.5. In the event of dispute, only the courts of the Brussels-Halle-Vilvoorde district are competent.

13.6. These courts will only enforce Belgian law.

About OUR-CLIENTS

OUR-CLIENTS bvba
Sint-Amandsstraat 2
1853 Strombeek-Bever
België

info@our-clients.com
Registered office: Grimbergen
Business number : 0892 143 939