General Terms & Conditions
These general terms and conditions (the “General Terms and Conditions”) describe the terms and conditions under which REALAB SRL (“Realab”), whose company number is 0729545809 and whose registered office is at Chemin du Cyclotron 6, 1348 Ottignies-Louvain-la-Neuve, undertakes to provide its services and/or products (the “Service(s)”), as described in more detail on its website https://syndic4you.be/en/. They apply to anybody who enters into a contract with Realab for one or more of the Services (the “User”). They exclude any other general and/or particular terms and conditions stipulated by the User.
Access to the Services
- The User acknowledges that they have verified the suitability of the Services for their needs and declares that they have received from Realab all the necessary information and advice on the characteristics of the Services and on the best way to use them, before signing the agreement that binds them to Realab (the “Agreement”).
- The User acknowledges that it is their responsibility to equip themselves with the human and computer resources needed to make sure they can connect to the Services and be able to obtain the reports generated by them. These resources include, but are not limited to: a high-speed Internet connection, anti-virus software, an operating system and a browser. These need to be up-to-date and still supported by their manufacturer. The User remains solely responsible for the human and technical resources used to make sure they can connect to the system.
- Access to the Services by the User is only permitted subject to the prior acceptance of the General Terms and Conditions, the latest version of which will always be available in a version that can be saved and printed at the following address:
- Realab reserves the right to modify these General Terms and Conditions at any time. The modified General Terms and Conditions will be sent by email to the User and will come into force 48 hours after this email. They will be regarded as having been accepted and will be valid for the Parties, unless the User has expressed their opposition by return email within the aforementioned period of 48 hours, in which case Realab will have the right to no longer authorise access to the Services, without owing any compensation, without needing to give notice and without obtaining the prior authorisation of a court.
- The User will take all reasonable measures to control the use of the Services and to limit access to the Services to individuals involved in the User’s business and only to the extent that such access is necessary for the performance of this business. The User is and remains at all times solely responsible for their own use, and that of anyone for whom they are responsible, of the username and password needed to use the Services. If the User has any reason to believe that the confidentiality of their password may have been compromised, they must inform Realab immediately by email, so that the latter can take any necessary measures.
Processing personal data
Where data is disclosed by or at the request of the customer, the latter guarantees that such disclosure is with the consent of the individuals concerned and in accordance with applicable legislation. The customer indemnifies Realab against any claims by the individuals concerned. These individuals always have the right to access and rectify their data and the right to object to the processing of such data for the purpose of promoting Realab’s services. Anybody who wants to exercise these rights must send a signed, dated request by email to firstname.lastname@example.org, attaching a copy of their ID card.
- The User guarantees that the personal data provided to Realab in order to use the Services is accurate, up-to-date and complete. They undertake to make sure that this information is regularly updated. Failing this, Realab will be entitled to suspend or terminate access to the Services, in full or in part, without compensation or notice.
- By signing the Agreement, the User is informed and specifically agrees that Realab may process their personal data for the purpose of customer management and support. Within this context, Realab acts in its capacity as the data processor for this data.
- Realab takes all necessary technical and organisational measures to protect the data entrusted to it against any unauthorised or unlawful processing, loss, destruction or accidental damage, as well as to comply with all laws applicable to the personal data processed, including the General Data Protection Regulation 2016/679 (the “GDPR”), the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. Realab undertakes to inform the User, without delay, of any request by a public authority to access the data it processes and of any accidental or unauthorised access to this data.
- Users may exercise their legal right to access and improve their data free of charge by sending a written, signed and dated request to this effect, accompanied by a copy of both sides of their ID card or passport, to the following email address email@example.com For Belgian residents, if the User has an electronic ID card, a copy of the contents of the chip or an official statement of residence is also required. The User may object to the processing of their data for direct marketing purposes.
- If, after these General Terms and Conditions have been accepted and within the context of using the Services, the User intends to object to the processing of their personal data for the purposes mentioned in article 2.2, they must notify Realab, who will terminate access to the Services without the User being liable for any compensation, but without a refund of the sums due as remuneration by virtue of the Agreement.
- The provision of the Services may involve disclosing personal data to Realab. In such circumstances, the User guarantees that such disclosure is with the consent of the individuals concerned and in accordance with applicable legislation. The User indemnifies Realab against any claims by the individuals concerned. In this case, Realab is only acting as the recipient (within the meaning of Article 4, 9 of the GDPR) of this personal data and will not process it in any way.
- Any questions regarding the protection of privacy and the processing of personal data by Realab can be sent to firstname.lastname@example.org.
- The elements relating to the Services provided by Realab that are protected by intellectual property rights are and remain the exclusive property of Realab or of the party that has licensed them to Realab. Unless permitted by law or as specifically authorised in writing by Realab or the owner of the related rights, the User will not use these elements, and in particular will not modify, adapt, decompile, reproduce, communicate to the public, license them or sell, rent or distribute products incorporating them.
- The elements referred to in article 3.1 include, in particular, software, databases, or any other creation, as well as trademarks, related to the Services provided by Realab.
- If any of the elements is used in breach of the provisions of this article 3, Realab reserves the right to take legal action, if necessary through criminal proceedings, and to claim damages. In addition, Realab will have the right to suspend or terminate access to its Services immediately, without obtaining prior approval from a court, without prior notice and without compensation.
- The User will indemnify Realab against any judgements, claims, damages, costs and consequences of any kind resulting from any breach, by the User or the individuals for whom the User is responsible, of the obligations set forth in this article 3.
- The rights to use the Services granted to the User under the Agreement will not be construed as limiting Realab’s rights to the intellectual property related to such Services, nor as granting the User any ownership or usage right other than the right to use the Services.
Realab’s guarantees and responsibilities
- Realab undertakes to use the means at its disposal to provide the Services in the best conditions, as more fully described on its website (https://syndic4you.be/en/). Realab takes great care to provide Services distinguished by their adequate, functioning technology. Realab guarantees that the features of the software and other elements made available to the User in order to use the Services comply with generally accepted technical standards and that, to the best of its knowledge, these elements respect the rights of third parties and, in general, are not unlawful.
- Realab reserves the right to temporarily interrupt or modify access to the Services, in full or in part, in order to carry out maintenance or modify the Services or the proposed features, without having to inform the User beforehand. If the Services are suspended or interrupted for an extended period of time, Realab will give the User notice of this, if possible three days in advance, and take all reasonably available measures to reduce any resulting inconvenience. Realab shall in no event be liable for any direct or indirect loss that may result from a modification, suspension or interruption of access to the Services, except in the event of theft or gross negligence on its own its part or on the part of its agents.
- The User is informed that the features, graphic design and other elements of the Services may change. Realab reserves the right to delete, modify or add features without the User being able to claim any compensation, it being understood that Realab is always open to suggestions and comments from professional Users regarding the features of the Services.
- Realab will in no event be liable for any indirect damage resulting from the use of the Services or for any direct or indirect damage resulting from the modification, suspension or interruption of access to these same Services or to the data, regardless of the cause, except in the event of wilful misconduct by Realab.
- In any event, Realab’s total liability under the Agreement will be limited to the amount actually paid for the Services.
The User’s responsibility
- The User is solely responsible for the informational content that they provide, post online or ask to be posted online via the Services. They undertake to comply with all legal, regulatory or ethical provisions that could prevent, limit or regulate the dissemination of information, including codes of conduct, professional practices and data protection regulations. The User remains the owner of the materials and data provided through the Services and assumes the risk of loss for any reason whatsoever.
- The User specifically refrains from using the Services for unlawful activities or information, and in particular content that (a) is contrary to public decency, public order, consumer protection or laws designed to suppress racism and hatred, (b) infringes the rights of third parties, in particular intellectual property rights or the right to privacy and reputation, (c) is contrary to laws relating to cybercrime or (d) is contrary to computer security or the proper functioning of Realab’s services.
- If any use breaches the provisions of this article 5, Realab will have the right to suspend or terminate access to its Services immediately, without obtaining prior approval from a court, without prior notice and without compensation. In addition, the User will indemnify Realab against any judgements, claims, damages, costs and consequences of any kind resulting from any breach, by the User or the individuals for whom the User is responsible, of the obligations set forth in this article 5.
- Unless expressly specified otherwise in the Agreement, all of Realab’s invoices are payable in cash, net and without a discount.
- Any complaint relating to one of Realab’s invoices must be sent to Realab by registered post within eight (8) calendar days of the date on which it was issued. After this period, all invoices will be assumed to have been accepted without reservation. Under no circumstances will a complaint justify a delay or suspension of payment.
- If an invoice remains unpaid (in full or in part) on its due date, the User will owe Realab, ipso jure and without the need for prior notice, late payment interest at the rate stipulated in article 5 of the Law of 2 August 2002 on combating late payments in commercial transactions, as of the first day following the due date of the invoice in question and until it has been paid in full.
- If an invoice remains unpaid (in full or in part) on its due date, the User will also owe Realab, ipso jure and without the need for prior notice, a fixed indemnity equal to fifteen (15) percent of the unpaid amount, with a minimum amount of fifty (50) Euro (without prejudice to Realab’s right to the reimbursement of legal costs in accordance with the provisions of the Judicial Code).
- If an invoice remains unpaid (in full or in part) on its due date, all of that User’s other invoices that are not yet due will become payable immediately and Realab will be entitled to terminate, if it so wishes, access to the Services without any formality other than informing the User that it is terminating the Agreement by registered letter.
- If an invoice is issued to a third party at the request of a User, the User and the third party will be jointly and severally liable for its payment and for the fulfilment of the commitments arising from the Agreement.
- The Agreement, and these General Terms and Conditions which form an integral and inseparable part of it, represent the entire agreement between the Parties with respect to the Services.
- If there is a contradiction between a provision in the Agreement and a provision in the General Terms and Conditions, the provision in the Agreement will prevail.
- Any provision in the Agreement (including these General Terms and Conditions) which is declared unlawful, invalid or otherwise unenforceable will not affect the legality, validity or enforceability of the remaining provision or provisions of the Agreement or the General Terms and Conditions.
- The fact that Realab does not invoke a provision of the Agreement (including the General Conditions) at any given moment will never be interpreted as a waiver of the right to invoke it at a later date.
- If the contract between Realab and the User uses the words “satisfied or your money back”, the User may withdraw during the period defined in the contract if they present the minutes of a General Meeting specifying that the co-ownership association is not satisfied with the service provided by Realab. This item must be voted for by an absolute majority.