Terms and conditions

Here you will find the terms and conditions for the use of the website Startmybusiness.be and the web application Start My Business (hereafter jointly “startmybusiness”). These Terms apply to any access or use of startmybusiness and/or the Services that are provided on or through this platform.

Definitions

• Administrator: Fednot is the organization responsible for the management of the website Startmybusiness.be and the web application Start My Business.
• Content: All the information, documents and/or (structured) data that the User uploads or uses on the website Startmybusiness.be and the web application Start My Business.
• Device: an instrument (laptop, pc, tablet, smartphone, etc.) belonging to the User which allows the User to access the website Startmybusiness.be, the web application Start My Business and the Services.
• Fednot: the non-profit organization “Royal Federation of the Belgian Notarial profession”, listed in the Crossroads Bank for Enterprises under number 0409.357.321, registered at 1000 Brussels, Bergstraat 30-34.
• Intellectual Property Rights: All intellectual property rights, whether registered or not, including but not limited to patents and patent applications, copyrights, database rights, trademark rights, service brands, illustrations and logos, rights attached to software, as well as all rights related thereto, including but not limited to rights of use, renewal, filing and implementation.
• Partner: a third party that is either a supplier or subcontractor of the Administrator or either offers Services with the consent of the Adminstrator on or via the website Startmybusiness.be and the web application Start My Business.
• Services: current and future services, activities and information made available to the User through the website Startmybusiness.be and the web application Start My Business by the Administrator and the Partners.
• Terms: These terms of use.
• User: a natural person who accesses the website Startmybusiness.be, the web application Start My Business and/or uses the Services.

All definitions may be used either in the singular or in the plural.

Subject and scope of application of the Terms

The purpose of the Terms is to determine the Terms applicable to Users who access startmybusiness and the Services provided on it.

The User can establish a company online via startmybusiness. The online formation is done in accordance with the Belgian legal framework concerning the incorporation of a company. These Conditions apply only in the relationship between the Administrator and the User. They do not affect the relationship between the User and other parties involved in the formation unless otherwise stated.

The Terms apply to and are binding upon all Users, as soon as they visit startmybusiness or use the Services.

Activation and access

Startmybusiness is accessible to persons over 18 years of age who hold the required legal capacity and who accept the Terms.

In order to access the Services on startmybusiness, the User must register. The purpose of this registration is to identify the User to the Administrator. The data which are requested, are listed in the privacy policy.

Accurate and valid information and data must be provided by the User when registering. The User also ensures to systematically adapt his/her/them information and data so that they remain accurate and valid.

The User is responsible for the management of the login and identification data, as well as for any activity carried out using his/her/them account or login or identification data. He/she/they undertakes not to disclose his/her/them data and access codes to third parties.

Use

The use of startmybusiness and the Services requires the use of compatible non-manipulated Devices and regular updates.

The User agrees to use startmybusiness and the Services exclusively for the purposes allowed by these Terms and the legislation and regulations in force.

The User is responsible for the Content that he/she/they uploads and uses on startmybusiness and/or in the Services.

The User commits to:

• Not use the connection and identification data of others;
• Not use automated processes and applications;
• Not use any documents or data which are fraudulent or incorrect or do not comply with the laws and regulation in force or are otherwise objectionable;
• Not interrupt or restrict the operation of startmybusiness and/or the Services or the associated computer systems ;
• Not abuse or take advantage of a system bug;
• Defer from any action which is unlawful or inconsistent with the Terms, that has a disruptive effect on other Users or harms the rights of the Administrator or third parties;
• Not affect the security measures implemented on startmybusiness and/or the Services;
• Not reproduce, copy, sell or exploiting startmybusiness and/or the Services in any way whatsoever.

The Administrator reserves the right to impose limitations in order to limit the risks of improper or excessive use of startmybusiness or a Service.

Some Services are dependent on the User’s acceptance of or compliance with additional terms.

The Administrator can give the User instructions regarding the use of startmybusiness and/or the Services for operational, quality and security reasons in particular.  The User undertakes to follow these instructions.

The Administrator retains the User data for a period of 3 months after the last use. After this period, they will be deleted.

The User is obliged to inform the Administrator immediately of any falsification or any other misuse of his/her/them means of access.

Maintenance and operation

The Administrator may temporarily suspend all or part of startmybusiness and/or the Services for maintenance and/or preventive, corrective or adaptive modifications. To the extent possible, any such suspension will be notified in advance.

The Administrator shall use all reasonable means to ensure the continuity of access to startmybusiness and the Services provided.

The Administrator will take all reasonable measures to ensure that startmybusiness and the Services are free from loss, corruption, attacks, viruses, intrusion, hacking or other security breaches.

When the Services are interrupted for all Users, the Users will be informed to the extent possible by means of a message published on startmybusiness.

When the Services are interrupted for reasons beyond the Administrator’s control, the Administrator will take all reasonable steps to reduce the duration of the interruption as much as possible.

For the provision of the Services, the Administrator may use Partners. The use of one or more Services may be subject to specific terms of use.

Fees and costs

Access to startmybusiness is free of charge.

In the course of the incorporation procedure, certain administration, registration, publication and other costs may be due according to the applicable laws and regulations. These are to be borne by the User and must be paid in a timely manner.

The fees, costs and remuneration of advisors or appointees of the User shall also be borne by the User.

The User shall bear the costs of acquiring, installing and operating his/her/them Devices and any other costs imposed by a third party, including the costs for internet access.

Templates

The Administrator provides on startmybusiness models of deeds in several languages that the User can use for his own personal purpose. The Administrator does not provide assistance on possible adaptations that the User would make to a template. Such adaptations fall under the own responsibility of the User. The User, however, has the possibility to be assisted.

Templates in other languages than the official national languages are for information purposes only.

The content of the templates is governed by Belgian law and may be modified if necessary.

The User is not allowed to transfer the templates to others, other than for his own personal use.

Liabilities

Unless expressly agreed otherwise, all commitments of the Administrator are commitments of means.

The Administrator is not responsible for the suitability of the Services for the User. The User should check for himself/herself/themselves whether a Service meets his/her/them wishes and/or requirements.

The Administrator will take all reasonable precautions to secure the safety of the Content of the User on startmybusiness.

The Administrator is not liable for (I) damages caused by incorrect, improper, negligent and/or unauthorised use of startmybusiness, (II) damages that can be attributed to third parties such as, but not limited to, viruses, hacking and/or by the influence or functioning of third party software or systems and (III) damages resulting from the incorrect, incomplete or inaccurate nature of the websites, information, documents, data or any other material provided by third parties.

In addition, in no event shall the Administrator be liable for any immaterial, indirect or consequential damages, including, but not limited to, loss of profits, turnover, revenue, production, administrative costs, increased overheads, loss of data or claims of third parties to the fullest extent permitted by applicable law at the time of the harmful event.

The Administrator is not liable for the use by third parties of information, documents and/or data shared by the User unbeknownst to the Administrator.

The Administrator is not responsible for the information, hyperlinks, documents and/or data that Partners and third parties themselves upload, publish, send or make accessible on startmybusiness or through the Services.

Except in the event of fraud, willful misconduct or gross negligence by the Administrator, the Administrator’s liability may only be incurred for the compensation of foreseeable, direct and personal damage suffered by the User and shall in all cases be limited to the amounts of the insurance policy taken out by the Administrator or if there is no insurance coverage to a maximum amount of 500 euros.

The User bears the risk arising from the illicit use of his/her/them Devices and/or means of access that have been lost, stolen or misused.

The Administrator cannot be held liable for the temporary unavailability of startmybusiness and/or the Services due to maintenance or force majeure.

The User indemnifies the Administrator against any damage and claims by third parties in respect of (I) the Content up- or downloaded, used and/or shared by the User, (II) improper use of startmybusiness and/or the Services and (III) acts or omissions by the User in breach of the Terms, other applicable terms and conditions or legal provisions.

Force majeure

If the Administrator is unable to perform his obligations under the Terms due to force majeure, the Administrator shall not be liable for any delay or failure to perform its obligations or for any damage which results or may result therefrom for the User.

Force Majeure means any circumstances beyond the reasonable control of the Administrator including, but not limited to, fire, explosions, power cuts, earthquakes, strikes, natural disasters, war, (cyber)terrorism, riots and occupations.

Protection of personal data and cookies

The personal data collected and processed within the framework of the Services provided through startmybusiness are processed in accordance with the personal data protection policy (privacy policy) applicable on startmybusiness.

When accessing startmybusiness, the Administrator collects certain data relating to the User by means of cookies for the proper functioning of startmybusiness.

Provided that the User authorises the Administrator, the Administrator may use non-functional cookies to adapt startmybusiness to the User’s preferences.

The Administrator’s privacy policy and cookie policy are freely accessible on startmybusiness.

Intellectual Property Rights

The Administrator is the owner of all Intellectual Property Rights relating to startmybusiness and the Services and templates provided thereon. The Partners of the Administrator are the owner of their respective Intellectual Property Rights.

These Intellectual Property Rights extend to all documentation, information, publications and data provided by the Administrator and/or its Partners.

The Terms do not grant the User any right on these Intellectual Property Rights and do not imply in any way a transfer of these Intellectual Property Rights to the User.

The User obtains a personal, non-exclusive and non-transferable right of use for the duration of his/her/them use of startmybusiness and the Services.

The User undertakes not to infringe the Intellectual Property Rights, nor to perform any other act which could in any way affect or have a negative impact on the Intellectual Property Rights or their value. This includes, but is not limited to, the prohibition for the User to reproduce, duplicate, copy, adapt, publish, rent, exploit, commercialize, make available to third parties, or use startmybusiness and the Services in any other way that is not compliant, both in its entirety and in parts, both in its original and modified version, for commercial and non-commercial purposes.

Suspension, exclusion and termination

The Administrator reserves the right to suspend or exclude any User from startmybusiness and/or the Services that does not comply with the Terms, the applicable terms and conditions of Partners or that uses startmybusiness and/or the Services for illicit or unauthorized purposes.

If the User jeopardizes the operation of startmybusiness or the Services (including the related systems), the Administrator has the right to take all reasonable measures to protect startmybusiness and the Services and this by operation of law, without prior formal notice and without warning or compensation.

The Administrator is entitled to suspend or terminate the use of startmybusiness and the Services with immediate effect and without prior notice or compensation in the event of (I) severe or continuous non-compliance with the Terms or security instructions and procedures, (II) a request and/or order from a legal or judicial body, (III) unforeseen technical or security issues or problems or (IV) if the provision of a Service is or may become illegal.

The User may stop the use of startmybusiness and the Services at any time.

The User is responsible for downloading the Content within a period of three months after the last usage, after which his/her/them data will be removed.

Communication

By choosing the English language for the configuration and registration on startmybusiness, the User agrees that all communication from the Administrator and its Partners shall be done in English.

The User agrees to receive communications, information and notifications on his/her/them mobile phone number and the e-mail address he/she/they provided when registering on startmybusiness and to read and monitor them.

Servicedesk, complaints and notifications

Any functional or technical question relating to startmybusiness may be addressed by the User to the Administrator’s helpdesk department.

The helpdesk department is available from 8:00 am to 5:00 pm (working days only) on the number 02.505.08.88.

All notifications and complaints can be submitted to the Administrator. They may be sent to one of the following addresses:

servicedesk@fednot.be

Fednot vzw, Bergstraat 30-34 at 1000 Brussels

General provisions

If any provision (or any part thereof) of the Terms is unenforceable or contrary to any mandatory or public policy provision, it shall not affect the validity and enforceability of the remaining provisions of the Terms, nor the validity and enforceability of that part of the provision concerned which is binding or does not contravene any mandatory or public policy provision. The relevant provision (or part thereof) will, as far as possible, be reduced to what is legally permissible.

If a party does not exercise or maintain any right or provision of the Terms, this shall not be construed as a declaration of waiver of such right or provision or any other rights or provisions.

Except as otherwise expressly provided in the Terms, no rights may be asserted by third parties under the Terms.

Nothing contained herein shall be construed as a transfer of any interest, title or license.

The Terms are subject to Belgian law, which governs all aspects of the Terms.

Any dispute relating to the acceptance, interpretation or execution of the Terms and, more generally, any dispute relating to startmybusiness and the Services which cannot be resolved amicably, shall be submitted to the courts of Brussels, except where the law imposes a binding rule of jurisdiction.