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CREDIT CUSTOMER SERVICE

General conditions - CREDIT CUSTOMER SERVICE

Part 1. Object, scope and definitions
Article 1. – Credit customer service
This service is offered professional customers with at least 10 vehicles. The customer must have a VAT number.
Following subscription to this service and subject to the creation of a direct debit, Autosécurité grants the customer the right to access a monthly payment service for technical inspections carried out by the customer at one or more chosen inspection centres, throughout duration of the contract.
After completion and validation of the subscription form on line and receipt of the signed direct debit mandate, Autosécurité will issue credit customers with a purchase order to be presented to our reception staff. This must be printed out and completed in its entirety (both parts) before each technical inspection is carried out.
After the inspection, the data relating to this purchase order will be stored and passed to the accounts department so that the monthly invoice can be established. Inspections will be invoiced on a monthly basis and the amount for services provided during the past month will be deducted from the nominated bank account a few days after despatch of the invoice.
Invoices will be sent solely by email.

Article 2. – Scope
These conditions define the terms of use of the credit customer service and the rights and obligations arising from subscription to this service, both for the customer and for Autosécurité. They are without prejudice to the mutual rights and obligations of the parties under the law, in particular the Royal Decrees of 15 March 1968 and 23 December 1994 governing the technical inspection of vehicles.

Article 3 Definitions
In the present general conditions, the terms below shall be understood as follows:
– Inspection centre: any motor vehicle inspection centre controlled by the company Autosécurité S.A.
– Customer: any person with a contractual relationship with Autosécurité for the use of the present service, or mandated specifically to that effect.
– Credit customer: a) the service identified in article 1, or b) the customer subscribing to this service, on condition that this customer has at least 10 vehicles.
– Person: a natural or legal person or a de facto association.
– Personal data: any data relating to an identified or identifiable natural person, directly or indirectly, and collected while fulfilling the public service missions conferred, or during the use of this website and the applications offered.

Article 4. – Payment
Payment must be made by direct debit. Any refusal of direct debit or cancellation of the same will lead to the withdrawal of the credit line and termination of the contract.
Our invoices and debit notes are payable in cash and without discount.
No payment delays will be granted.
In the event of late payment, unless expressly otherwise agreed in writing, late payment interest calculated at the rate of 2% per month, any part month being considered as a full month, shall be due automatically and without prior notice, by the sole fact of the due date of the invoice, on all sums due at 30 days from the end of the month in which the said invoice was issued.
In the event of late payment, or if the direct debit mandate is cancelled, the service will be automatically suspended until full and effective payment of the amounts due by the customer, or the issue of a new direct debit mandate by the latter.
In every case, two successive late payments attributable to the customer will result in the interruption of the credit line and the termination of this agreement, to the detriment of the latter.

Part 2. Rights and obligations of the parties, liability
Article 5 – Undertakings and responsibilities of the credit customer
5.1 The credit customer gives Autosécurité a direct debit mandate so that Autosécurité can draw a monthly sum equal to the charge for technical inspections carried out during the month. This amount is established on the basis of services carried out and recorded in the purchase orders.
To this end, the credit customer completes the application form to subscribe to the service, providing his bank account number and the necessary identification data.
The customer undertakes to take the measures and make the arrangements necessary to ensure that the sum due is available in his account at the time of withdrawal.
5.2 The customer undertakes to follow Autosécurité’s instructions for the use of the service.
5.3 The customer alone is responsible for the use made of the purchase orders provided by Autosécurité. These are specific to the identified customer and may under no circumstances be entrusted, loaned or transferred to a third party.
If at any time the customer has doubts as to the use that may be made of this account, he must inform the Autosécurité accounts department as soon as possible at the address given in article 7.2 so that his credit customer number can be blocked.
Autosécurité declines all responsibility for any misuse of purchase orders by an unauthorised or unqualified third party.

Article 6 – Undertakings and responsibilities of Autosécurité
6.1 Autosécurité guarantees that it has the right to enter into this contract and to supply the services provided for therein.
6.2 Autosécurité undertakes to issue the purchase orders to the credit customer by email, as from receipt of the signed direct debit mandate.
6.3 This service will be provided with diligence and competence. Autosécurité’s undertakings to the customer as to the availability, proper functioning, protection and correct execution of this service represent solely a best-efforts obligation. These undertakings do not guarantee that the operation of or access to the service will be uninterrupted or free from faults and errors. The human and technical means that appear reasonable in the light of comparable professional electronic services will be engaged for the purpose of ensuring a regular service.
6.4 Autosécurité may not be held liable by the customer for any failure in the performance of this service due to force majeure as defined in case-law, or for any situation beyond Autosécurité’s reasonable control, including technical breakdowns, interruption or failure of the internet or any other network, the power supply network or electrical infrastructures, or any supplier of such infrastructures and networks. Autosécurité shall nevertheless inform the customer without delay should such a situation arise.
6.5 Without prejudice to the following, and except in the case of fraud or gross negligence, Autosécurité cannot be held responsible for any damage occurring to the customer, or to any third party (including the customer’s own customers) as a result of:
– Failure by the customer to comply with his obligations under these regulations or any legislation to which he may be subject in his relationships with his own customers;
– The impossibility of creating the necessary connection, interruptions to this connection in any way, or problems in sending and receiving transactions, due to third parties;
– Any delay in execution due to third parties;
– Any temporary interruption of the service, or any interruption due to third parties;
– Inaccurate or incomplete data provided by the customer;
– Any negligence or the existence of an error on the part of the customer himself;
– Any problem in terms of the veracity, authenticity, credibility or timeliness of the orders received.
6.6 The adaptation by Autosécurité of the characteristics or technical requirements of the service may under no circumstances, except in the event of gross negligence or fraud, incur Autosécurité’s liability towards the customer. Autosécurité reserves the right to amend these conditions at any time.

Part 3. Duration, suspension and end of contract
Article 7. – Duration and end of contract
7.1 By accepting these conditions, the customer confirms his acceptance of their provisions and terms to the exclusion of any other terms or conditions presented by the customer.
This contract will take effect from the date of receipt of the subscription form, the flat-rate guarantee required and the direct debit mandate, and will remain in force for an indefinite period, unless duly terminated.
7.2 Each of the parties may terminate the contract at any time, subject to a notice period of two months.
If the customer wishes to terminate the credit customer service, he must notify Autosécurité in writing at the following address:
Autosécurité S.A.
For the attention of the accounts department
Z.I. Petit-Rechain, Avenue du Parc 33
B – 4800 VERVIERS.

E-Mail : comptabilite@autosecurite.be

7.3 Upon termination of this agreement for whatsoever reason, the customer shall cease, immediately, or where applicable upon expiry of the agreed notice period, to access and use the credit customer service.

Article 8. – Suspension and express resolutory clause
Autosécurité reserves the right to interrupt, in whole or in part, temporarily or definitively, the credit customer service.
Autosécurité also reserves the right to definitively terminate the contract, with no formalities other than the issue of notification by registered letter and without notice, for the reasons in the non-exhaustive list below:
– Should the customer fail to fulfil his legal, regulatory or contractual obligations in connection with the service;
– Should Autosécurité believe that the credit customer service is not, or is no longer, suitable to the customer, for whatsoever reason;
– Should Autosécurité consider it useful or necessary to the security of the system, or in the interests of the customer, or of Autosécurité;
– In the event of presumed fraud or improper use of the service by the customer or a third party.
Whatever the case, this agreement shall automatically terminate:
– In the event of the bankruptcy or liquidation of one of the parties, or more generally of any circumstance seriously jeopardising the existence of one of the parties;
– In the event of two consecutive payment defaults attributable to the customer;
– In the event that the credit customer fails to meet his contractual obligations, after the elapse of a period of 15 days after the formal notice, sent to the person concerned, has remained without effect.

Part 4. Processing of personal data
Article 9. – Processing of personal data
9.1 Data of a personal nature provided through the contact forms are stored by our internal services for the duration of the contract.
To this end, Autosécurité shall respect its obligations as data controller, pursuant to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to the applicable Belgian legislation.
9.2 Pursuant to article 6 of the GDPR, these data are only processed for professional purposes, in order to better meet the requirements of our customers following subscription to this service and for the performance of this agreement.
The personal data processed consist of:
– For subscription forms: the name, address, telephone and fax numbers, VAT number and the banking details of the company, and the name and the first name of the contact person;
– For purchase orders: the licence plate number, customer number, and company name and address.
In accordance with the principle of minimisation, the data requested are appropriate, relevant and not excessive in relation to the purposes pursued.
They will only be processed by the data controller, or by the Autosécurité Group as a subcontractor, and will be neither transmitted nor assigned to third parties for commercial or other purposes.
9.3 The customer has at all times a right of access to his personal data, a right of rectification or deletion, a right to object to its processing, and a right to data portability.
All such requests must be addressed to the Data Protection Officer at the following addresses:
E-mail: privacy@autosecurite.be
Autosécurité S.A.
DPO
ZI de Petit-Rechain, Avenue du Parc, 33
B-4800 Verviers
9.4 For the duration of this contract and after its expiry, the customer accepts and gives consent for Autosécurité to use the data collected for the purposes described, but also with a view to assembling and/or using statistics for the purposes of research, internal use, the development and improvement of the service, provided that the statistics are anonymised and do not allow the customer to be identified.

Part 5. Miscellaneous provisions
Article 10. – Intellectual Property Rights/Extent of the right of use
All intellectual property rights concerning the programs (communication and security software), the applications and the instructions for use are the exclusive property of Autosécurité.
No clause in this contract, no downloading or copying operation in whatsoever manner of software, information and/or any other right of Autosécurité may be considered as a total or partial transfer of these intellectual property rights to the customer or to a third party. The customer shall abstain from any infringement of Autosécurité’s intellectual property rights.
This contract only grants the customer a personal and non-transferable right of use. He may use the programs, applications and instructions for use only for the purposes authorised by this agreement.
The customer is authorised to download or print out information provided by Autosécurité that concerns his own data or information over which he has sole ownership, as long as he does not delete, process or amend any copyright notice, disclaimer of liability, or any other notices appearing in the information provided.
The customer is also forbidden, in whole or in part, to reproduce, translate, adapt, decompile, recompile (“disassembling”), apply “reverse engineering” or modify in any way, distribute, publish, lease or make available to third parties, or copy, except for back-up purposes, the programs, applications and instructions for use, their copies or possible reproductions, directly or indirectly, free of charge or against remuneration.

ARTICLE 11 – Confidential information
Secret or non-publicly accessible information, including contract documents, customer content, financial, commercial or technical information, whether provided orally or in writing by one party to the other under this contract before or after its effective date is confidential and will be treated as such by the recipient.
The use of this confidential information by the recipient shall be solely for the purpose of respecting and implementing its obligations under this contract.

ARTICLE 12 – Safeguard clause
The inability to enforce, the invalidity or the nullity of one of the provisions of this contract shall not entail the inability to enforce, invalidity or nullity of the contract as a whole. Where the inability to enforce, invalidity or nullity of a clause is established conclusively, this clause shall be deemed null and void.

Article 13 – Applicable law/ Competent courts
The present contract is governed by Belgian law.
Only the Courts and Tribunals of Verviers are competent to hear any dispute arising from it directly or indirectly.