By accepting the following terms and conditions, you (hereinafter the "Client") enter into a contract with Done-it International BV, with registered office at 2000 Antwerp, Adriaan Brouwerstraat 27, and company number 0863.363.148 (hereinafter "Done-it International" or "DII").
Both parties are hereinafter collectively referred to as the Parties.
Done-it International provides the Done-it software (hereinafter the Software) to the Client via a License. The Software provides a digital solution to record check-ins and check-outs upon arrival and departure at a project or location through an application linked to a specific location. In addition, the Software also provides digital management of job descriptions, contact information, absences, etc.
By signing this Agreement, the Client certifies that Done-it International has fully informed it of the capabilities and limitations of the Software.
Front-end user: Any user of the Customer who is authorized by the Customer to use the License and is not classified as a Back-end user.
Back-end user: Any user of the Customer who is authorized by the Customer to use the License to read and process the Front-end users' registrations and inputs into the Software for the Customer's internal business structure.
License: The right to use the Software, including periodic maintenance and support.
Software: The "Done-it" application and associated user documentation.
Applicable data protection legislation:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("AVG"),
The Law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data,
All other applicable data protection and privacy laws and regulations relating to the processing of personal data under the Agreement, and
All amendments or replacements to the aforementioned legislation, if any.
Users: Front-end users and Back-end users combined.
Done-it International grants the Customer a non-exclusive, non-transferable license to use the Software for the Customer's internal business purposes.
The License includes the right to provide access to Front-end and Back-end users within the Customer's internal business structure, in accordance with the terms of this Agreement.
This agreement is entered into for a period of one year.
At the end of this period, unless the Client gives written notice of termination no later than three months prior to the end of the agreement, the agreement is automatically converted into an indefinite term agreement, which can be terminated with three months' notice.
5.1 The Customer pays a minimum basic package of 90 EUR/month. This basic package includes ten Front-end users and two Back-end users.
5.2 If the Client wishes to connect more than ten Front-end users, he pays an additional fee of 6 EUR/month per additional user.
5.3 The price is determined based on the highest number of Front-end users connected by the Client during a billable month.
5.4 If the Client requires personal assistance for installation, organized at the Client's office, there will be a charge of 275 EUR per half day, plus a transportation fee of 0.40 EUR per kilometer, calculated from the location of the regional contact.
The price, as stipulated in Article 5, is fixed until the second anniversary of the Agreement. If Done-it International increases its prices, it will notify the Client in writing four months in advance, giving the Client the option to terminate the Agreement. The termination date will coincide with the date the price increase takes effect.
If the Client does not respond to this written notice within one month, it will be deemed to have accepted the price increase.
7.1 Done-it International will invoice the License semi-annually, each time prior to the relevant period. Payments must be made by bank transfer to Done-it International's account number with IBAN BE08 7330 1830 2213.
7.2 Billing is based on the number of active users of the Client at the time of billing. At the end of each six-month period, an adjustment will be made based on the actual number of users of the Customer during the previous period.
7.3 Invoices must be paid within fourteen days of the invoice date. In case of late payment, and without prior notice of default, the Customer shall owe a late payment interest of 12%, as well as liquidated damages of 10% of the outstanding invoice amount, with a minimum of EUR 150. If an invoice is not paid on time, all invoices become due, including those not yet due.
7.4 Disputes about invoices must be reported in writing by the Client to Done-it International within eight days of receipt of the invoice.
In order for Done-it International to provide periodic support and maintenance, the Client must:
- Provide all reasonable information it possesses when reporting an error;
- Provide Done-it International with all reasonable information and cooperation at all times. This includes providing the necessary facilities or access to the Customer's system, infrastructure or site.
Support will be provided via the following email address: eric@done-it.app
If the Client proposes a modification to the Software, but Done-it International decides not to implement this modification in the Software, the Client may request that the modification or extension be developed at the Client's expense.
If Done-it International agrees to develop this modification or extension for the Client, Done-it International will estimate the time required for development. Development costs will be charged at a rate of EUR 95 per hour.
Done-it International may refuse custom modifications or extensions if such modifications would have an excessive impact on the proper functioning of the Software, or for other valid reasons.
10.1 Done-it International will provide the Customer with access to the system for the services described in this Agreement through user-friendly software.
10.2 Done-it International will make every effort to ensure the highest possible continuity of use of the Software.
10.3 Done-it International will perform a Software update within a reasonable period of time when necessary. Performing such an update may result in a brief interruption of the Software. Done-it International will preferably perform these updates at night and on weekends.
10.4 Done-it International cannot guarantee uninterrupted access to the system and Internet. Done-it International provides the most efficient and highly developed system currently available on the market. It will exercise due care in performing its services and fulfill its responsibilities under this Agreement in a timely and diligent manner, in accordance with applicable industry standards.
11.1 The Client shall fulfill its payment obligations as stipulated in Articles 5, 6 and 7 of this Agreement.
11.2 The Client shall use the Software, manuals or other rights arising from this Agreement for internal use only and shall not make it available to third parties, either directly or indirectly, for a fee or free of charge, unless Done-it International gives its express written consent.
11.3 The Client is not authorized to make any changes to the Software or to use it for purposes other than those described in this Agreement.
11.4 The Client shall at all times act with due care.
11.5 The Client shall inform Done-it International in writing of any changes in relevant data as soon as possible.
11.6 The Client is responsible for:
- The local storage of data of Front-end users,
- Compliance with applicable data protection legislation,
- The confidentiality of usernames and passwords,
- Keeping files virus-free,
- The network connection to the Internet,
- Providing the necessary hardware to use the software.
11.7 The Client must refrain from obstructing other clients or causing damage to the system. The Customer is prohibited from starting any processes or programs that it knows or suspects may cause a nuisance or direct or indirect damage to other customers.
11.8 The Customer grants Done-it International access to the Software to log in and provide the necessary support as provided in this Agreement.
11.9 The Customer hereby grants Done-it International permission to include its personal data in Done-it International's personal file, which is necessary for administrative and management purposes. This personal file will not be disclosed to third parties, unless Done-it International is legally or judicially obliged to do so.
11.10 The Client is not entitled to suspend its payment obligations if the Software is temporarily out of service.
11.11 Any advice or suggestions made by the Client that may lead to a modification or extension of the Software shall under no circumstances result in compensation.
12.1 Done-it International shall only be liable for a defect in the performance of the Agreement if the Client immediately and correctly informs Done-it International of the defect and offers a reasonable period to remedy the defect. If Done-it International fails to fulfill its obligations within this period, it may be held liable. The notification must be detailed so that Done-it International can respond adequately. Done-it International shall under no circumstances be liable for damages resulting from:
- Actions of other clients outside normal use;
- The absence of backup data caused by an error of the Client;
- Errors made by a supplier or partner contractually bound only to the Client;
- Careless or improper use of the services;
- Defective hardware, Internet connection or cell phone service of the Client;
- The presence of viruses in the system or in data or software obtained over the Internet.
12.2 The total compensation for Done-it International's liability arising from the performance of the Agreement shall be limited to direct damages and shall in no case exceed the total amount paid by the Client during the relevant semester of the Agreement.
12.3 Done-it International shall under no circumstances be liable for indirect damages arising from any failure. Indirect damages include lost profits, financial or commercial losses, increased overhead costs, increased personnel costs, loss of customers, etc.
12.4 The above limitations of liability shall not apply in the event of Done-it International's willful misconduct or gross negligence.
13.1 All intellectual property rights in the software, equipment or other materials developed or made available under this Agreement, such as analyses, designs, documentation, reports, quotations and preparatory materials thereof, are the exclusive property of Done-it International. The Client only acquires a non-exclusive and non-transferable right of use with respect to the intellectual property for the duration of the Agreement.
13.2 The Client shall refrain from illegally reproducing, publishing or distributing the Software and related materials.
13.3 The Client may not remove or alter any copyright, trademark, trade name or other intellectual property rights from the Software, including any indications of the confidentiality and secrecy of the Software.
13.4 Done-it International may implement technical measures to protect the Software. If the Software is technically secured, the Client may not remove or circumvent such security.
Both parties undertake to keep all information obtained about each other's companies, organizations or relations strictly confidential. In any event, information shall be considered confidential if so designated by the parties. The confidentiality obligation described in this article applies during the term of the Contract and remains in force after the termination of this Agreement.
Each Party must at all times comply with their respective obligations under applicable data protection laws with respect to the processing of personal data under this Agreement.
If Done-it International processes personal data on behalf of the Client, the Client remains responsible as the data controller for determining the purpose and means of processing, while Done-it International acts as a processor and follows the reasonable instructions of the Client.
At the request of either Party, the Parties will enter into a processor's agreement.
None of the Parties shall be obliged to perform their obligations under this Agreement in the event of force majeure.
In the event of force majeure, the Party wishing to rely on it must immediately notify the other Party in writing.
17.1 If any provision of this Agreement is void, the remaining provisions of this Agreement shall remain in effect. The void provision or the void part shall be replaced by a valid provision that best reflects the intention of the Parties and has the same or as similar an economic effect as the void provision.
17.2 Belgian law applies to this Agreement. The application of the Vienna Sales Convention is expressly excluded.
17.3 In the event of a dispute, the courts of the judicial district of Antwerp shall have jurisdiction to hear the case.
By accepting the above terms, the Contract is concluded on the date of the first payment.
Do you have any questions or would you like to know more about Done-it? Please don't hesitate to contact us.