Terms and Conditions

Who is SNDQ?

SNDQ BV
Joossensgang 8
2060 Antwerp

Phone: +32 (0)3 375 66 77
Email: info@sndq.be
VAT: BE0766.825.679

These terms and conditions (dated March 1, 2021) between the user of the software made available by SNDQ and SNDQ. Before the customer starts using the software, they must first read these terms. By using and/or installing the software or the update, the customer agrees to be bound by the terms of this license agreement.

Article 1 - Definitions

In these terms and conditions, the following terms are used with the following meaning, unless otherwise indicated or evident from the context:

• SNDQ: SNDQ BV located at Joossensgang 8 2060 Antwerp, BE0766.825.679
• Customer: the person who uses the software made available by SNDQ;
• Software: the online property management platform developed by SNDQ and made available to the customer.

Article 2 - Intellectual Property Rights

All intellectual property rights regarding the software, including but not limited to patents, copyrights, trademarks, masked works, design rights, and trade secrets directly related to or associated with the software, belong exclusively to SNDQ. The customer shall not engage in any activities regarding the software that infringe such intellectual property rights. The customer acquires no other rights to the software than the limited usage rights specified in this license agreement.

If, despite the foregoing, a third party claims that the software infringes on their intellectual property rights or otherwise, the customer is obligated to immediately report such a claim to SNDQ in order to enable SNDQ to oppose such a claim at its expense. The customer agrees to cooperate with such opposition.

SNDQ is also entitled in such a case to replace the software or part thereof in order to undo the claimed infringement.

Article 3 - Warranty

SNDQ guarantees that the software, when used in accordance with the applicable instructions, will function according to the accompanying documentation. However, SNDQ does not guarantee that the software will function without defects and interruptions. Occurring defects will be remedied in accordance with article 5 of these terms. The use contains no further warranties, explicit or implicit, by or on behalf of SNDQ or any other party granting usage rights for the software.

Article 4 - Support and Maintenance Conditions

SNDQ will provide online support to the customer for using the software. SNDQ will endeavor to answer questions adequately and within a reasonable time. If errors and/or deficiencies are found in the software, the customer must report this to SNDQ so that they can provide a solution as soon as possible.

SNDQ shall endeavor to minimize disruption in case of maintenance and/or (necessary) updates and/or improvements to the software and shall - if possible - inform the customer in a timely manner. If the temporary unavailability of the software is not unreasonably long, the customer has no right to compensation or any other form of compensation.

Article 5 - Compensation

For the use of the SNDQ software, the customer pays a monthly fee. Invoicing of the monthly fee is done monthly. The current price is listed on the SNDQ website.

Article 6 - Price Changes

SNDQ is entitled to change the prices for using the software annually. SNDQ will inform the customer in writing or by email two (2) months before the change takes effect.

If the customer does not accept the price change, the customer may terminate the agreement early against the day on which the change takes effect. The termination must be made in writing or by email within one (1) month after SNDQ has informed the customer of the price change. The customer is not authorized to dissolve the agreement if the increase in prices results from a legal provision or regulation.

Article 7 - Duration of License Agreement, Termination and Administrative Costs

The agreement is entered into for the period corresponding to the billing period. The agreement is extended each time by the same period until termination.

Termination must be made via www.app-sndq.be or in writing by email at the end of the agreement with a notice period of one (1) month.

If the customer terminates the agreement and/or no longer pays the fee for using the software, the customer no longer has the right to use the software.

Article 8 - Payment, Administrative Costs and Collection Costs

Payment must be made within fourteen (14) days after the invoice date.

If the customer has not responded to the payment request included in the second reminder sent by SNDQ to the customer, SNDQ sends the customer a demand and €25.00 excl. VAT in administrative costs is charged to the customer.

In case of late payment, the customer, in addition to the amount owed and the interest accrued thereon, is obligated to full compensation of both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.

The claim for payment is immediately due if the customer is declared bankrupt, applies for suspension of payment or if a general attachment is placed on the customer's assets, the customer dies and furthermore, if the customer enters into liquidation or is dissolved.

If the invoice amount has not been paid more than 2 months after the invoice date, SNDQ has the right to block access to the software, preventing the customer from using the software. SNDQ will inform the customer in advance of the blocking. Once all due claims have been satisfied by the customer, the blocking will be lifted.

Article 9 - Dissolution of the Agreement

SNDQ reserves the right to dissolve the agreement at any time without judicial intervention if the customer has applied for suspension of payment or has been declared bankrupt.

Both parties are entitled to dissolve the agreement in whole or in part out of court by means of a registered letter to the other party, if the other party seriously fails to fulfill its obligations under the agreement and the defaulting party - even after written notice of default by the aggrieved party - fails to fulfill its obligations under the agreement within a reasonable period. If it is certain that the defaulting party can no longer fulfill its obligations under the agreement, a notice of default may be omitted.

Article 10 - Consequences of Termination

If the agreement is terminated or dissolved, the customer is obligated from the date of termination of the agreement towards SNDQ to immediately refrain, in any way whatsoever, from everything to which they are entitled under this agreement, including but not limited to the use of the software.

Article 11 - Customer Obligations

The customer must:

• at all times ensure that the software is not misused;
• immediately inform SNDQ of all relevant facts and circumstances as soon as unauthorized use of the software is detected.

Computer equipment is used in the execution of the agreement. The customer is responsible for the correct choice and the timely and adequate availability thereof. SNDQ is never liable for damage or costs due to malfunctions or unavailability of this computer equipment.

The customer ensures the proper functioning of their equipment used to access and use the software.

The customer is not permitted to use the software in such a way that it may cause damage to the software and/or to third parties or cause a disruption in availability.

The customer is responsible for the use and correct application in their organization of the software and for observing instructions and/or advice given by SNDQ.

If the customer has not fulfilled their obligations stated in this article, all costs arising therefrom are for the customer's account.

Article 12 - Liability and Limitation

SNDQ is never liable for damage as a result of events or circumstances beyond its control, including:

• unavailability, delay in delivery or malfunctions and defects in information, products or services of third parties;
• strikes or labor unrest;
• decisions or rules, instructions or orders issued by the government, judicial authority or any other competent body.

Claims and other powers of the customer against SNDQ, on whatever grounds, shall in any case lapse after the expiry of one (1) year from the moment at which a fact occurs that the customer can use these rights and/or powers against SNDQ.

SNDQ is not liable for damage of any kind caused by SNDQ relying on incorrect and/or incomplete information provided by the customer, unless this incorrectness or incompleteness should have been known to SNDQ.

SNDQ is not liable for damage of any kind caused by the customer not fulfilling their obligations under this license agreement or under the law.

Except in case of intent or gross negligence by SNDQ, the liability of SNDQ, on whatever ground, to the customer or to others making claims through the customer is limited to compensation for direct damage up to a maximum of the amount of the last invoice that the customer has paid for the software.

SNDQ is never liable for indirect damage or consequential damage, including loss or damage of data or loss of income, profit or turnover.

Damage as referred to in this article must be reported in writing to SNDQ within seven (7) days of its occurrence. Damage not reported within this period is not eligible for compensation.

SNDQ is not liable for damage arising from the use of the software caused by third parties.

Article 13 - Indemnification

The customer indemnifies SNDQ and will compensate SNDQ for all damages and costs arising from claims by third parties against SNDQ, which claims arise from or are related to the use of the software by the customer or by third parties.

Article 14 - Confidentiality

Each party guarantees that all data received from the other party, which is known or should be known to be confidential, will remain secret, unless a legal obligation requires disclosure of that data. The party receiving confidential information shall only use it for the purpose for which it was provided.

Article 15 - Miscellaneous

If any provision of this license agreement is declared void or unenforceable, such a declaration shall have no effect on the other provisions. If any provision of this agreement is declared void or unenforceable, that provision shall be replaced by a provision or arrangement as similar as possible.

The parties shall endeavor to settle all disputes relating to the execution of this license agreement amicably.

The customer agrees to any changes to provisions in this agreement if they appear necessary due to changes in relevant laws and regulations in the broadest sense.

Belgian law applies to this agreement.

All disputes between the customer and SNDQ will be submitted to the competent court in the district where SNDQ is located.

A data processing agreement in which additional safeguards are included regarding the processing and security of personal data forms an integral part of the agreements between the customer and SNDQ BV.