Entering into an agreement with Bisnode Belgium SA (hereafter “Bisnode”) implies a formal acceptance of the current terms and conditions, to the exclusion of the application of those of the customer. Any derogation from these terms must be agreed to in writing and signed by both parties.
Prices are set based on volume and information supplied by the customer at the time of entering the agreement and will be revised if any of these elements or the size of work changes. Prices do not include VAT, or any other tax, or transportation.
Prices shall be indexed annually , in January or in July, depending on contract anniversary date, to the amount of 80 %, with the reference index being the evolution of salaries for the joint committee on which Bisnode depends (committee n° 218) according to following formula:
Price after indexation : (BP x 0,8 x NI)/BI + BP x 0,2
- BP= basic price of the contract
- BI= index for year and month of signing of contract
- NI= new index for the new year and month preceding the indexation of contract
Bisnode invoices are due 30 days end of month following the invoice date. If payment is not received by the due date the amount due will automatically be increased with late payment interest of 1% per month. Moreover, the amount due will also be increased with 10% with a minimum of € 50,00. If the customer requests that Bisnode invoices are addressed to a third party, the customer will guarantee payment.
Bisnode’s contractual obligations are obligations of means. Bisnode agrees to take every precaution to respect delivery terms. However, apart from serious fault, no violation of the delivery terms will result in a claim for damages or termination of the agreement. Bisnode commits to take maximum care of the delivery and where appropriate, the update of the delivered data. Except otherwise indicated in writing, Bisnode does not warrant the delivered data to be complete or free of error nor does Bisnode warrant the delivered data to fit for the realisation of a defined objective or the achievement of a result. Bisnode cannot be held responsible for error, fault or concealment in the information supplied by the customer.
Compensations at the expense of Bisnode will not exceed the price of the disputed service. In case of consecutive services the compensation is limited to the disputed services that were performed within the three last months.
All complaints regarding the delivery or the rendered services shall be notified in writing to Bisnode within 15 days after delivery or rendering of services. For invoices, a term of 1 month after invoice date shall apply. Every shortcoming which could not be detected at the moment of the delivery or the rendering of the service must be notified within 15 days starting from the detection and at the latest within 4 months after delivery or the rendering of the service. Any complaints after the expiry of above terms will not be handled by Bisnode. Bisnode has the right to refuse an order. Bisnode has the right to subcontract any order.
Data and software delivered by Bisnode are the exclusive property of the latter for which the customer obtains a non-exclusive user license. The customer agrees to use the delivered data solely for the purpose and methods agreed to and for its personal use.
It can under no circumstance be used for activities that can potentially compete with the activities of Bisnode or to compile directories or for the provision of information services in whatever form (electronically, printed…), for payment or free of charge. Customer is not allowed to use data extracted from the Trends Top database, edited by Biblo S.A. and delivered via Bisnode, for the creation or compilation of products that possibly compete with Biblo products. In case of doubt, the customer agrees to priorly consult Bisnode.
Following terms apply in case of data rental:
Rented data may only be used once. The customer is not allowed to store rented data on his internal carrier for a longer period than needed for the processing. Unless agreed otherwise in writing, the customer is not allowed to communicate the rented data to third parties and the customer agrees to take any relevant precautions in order to prevent any unlawful use or distribution of it. Any failure to observe the preceding obligations shall result in a fixed compensation equal to ten times the invoice price, without prejudice to Bisnode rights to prove higher damage and ask for corresponding indemnity. Evidence of unlawful use of one single piece of information (including by means of control addresses) is sufficient evidence for the unlawful use of the data in its entirety or the software of Bisnode. The customer must present a copy of the message to Bisnode for control and approval and agree to use the message unaltered. The burden of proof of the communication to Bisnode and the approval of the message rest with the customer.
Bisnode will treat all information obtained from the customer as confidential and will not disclose the information to third parties –other than sub-contractors – to the extent that the information it is not of public nature or normally accessible, or not lawfully in the possession of Bisnode prior to its disclosure by the customer. The data provided by the customer remains its property.
In case of non compliance by the customer of one of its obligations, Bisnode has the right to suspend the execution of its proper contractual obligations and may obtain a lien as the occasion arises. If the non compliance sustains for a term of 30 days after notice of default, Bisnode can consider the agreement to be dissolved at the expense of the customer. In case of serious breach, Bisnode may terminate the agreement with immediate effect. In case of multiple agreements between parties, this clause will apply to all agreements and not just the one to which the violation pertains.
Any disputes fall under the jurisdiction of the Courts of Brussels, which will apply Belgian law as well as the international treaties with regard to intellectual property rights and the protection of databases.