General Terms & Conditions
These General Terms and Conditions are applicable to services provided by DoxBe, a company under Belgian law, headquartered at B-2030 Antwerpen, Noorderlaan 139 / 9, Belgium, and registered with the Belgian Legal Entities Register under number 0462.574.489 (hereinafter referred to as "DoxBe".
These General Terms and Conditions define the conditions which apply to the services and products provided by DoxBe to all users (hereinafter “You” or “Your”) of these products and services (hereinafter the “Services”),
Unless explicitly agreed otherwise in writing, only these General Terms and Conditions shall apply to the relations between You and DoxBe.
These General Terms and Conditions form together with any specific terms separately agreed in writing between You and DoxBe the full agreement between You and DoxBe. In the event of contradictions between such specific terms and these General Terms and Conditions, the specific terms take precedence.
1.1. DoxBe performs software development and computer consultancy services aimed at the logistics sector. DoxBe is the developer of the web platform “DoxBe”, an application by means of which Electronic Cargo Tracking Note (hereinafter “ECTN”) orders can be placed and the administration can be automated.
1.2. You can create an account on “DoxBe” in which preferences, offers, product specifications, etc…, are included. If You have created an account yourself on “DoxBe” You can select the marketed service or product and place a direct order.
1.3. By creating an account, You agree to use “DoxBe” in good faith, in accordance with these General Terms and Conditions and in compliance with any applicable legal or regulatory provisions (including, but not limited to, those relating to the protection of privacy, intellectual property and fair competition).
1.4. You expressly confirm that the data You provide upon registration is correct and complete and You undertake to inform DoxBe immediately of any change to this data.
1.5. You will indemnify DoxBe against all possible claims by third parties as a result of the access and/or use of “DoxBe”.
1.6. You are prohibited from using the Services for:
- sending, posting or distributing, on or through “DoxBe”, unlawful, illegal, prohibited, racist, xenophobic, defamatory, obscene, offensive, inappropriate or discriminatory subjects or statements, in any way whatsoever, or for any other unlawful purpose;
- encourage other users to act or promote such actions;
- mimic or appropriate the identity of a third party, infringe on their right to their image or, in general, their privacy;
- disregard the intellectual property rights of other persons and of the “DoxBe”.
Article 2: Entering into an agreement
2.1. The Services offered do not constitute automatically a binding offer. An agreement shall only come into effect after You and DoxBe have signed a separate agreement or after written confirmation of the order by You and acceptance of this confirmation by DoxBe. Emails shall be considered to be written documents. DoxBe shall not commence to provide products or services until such separate agreement has been signed or a written confirmation has been received and the agreed advance payment has been received by DoxBe.
2.2. Should DoxBe decide not to confirm Your order, You will be informed of this as soon as possible.
3.1. DoxBe is not the issuer of the ECTN, waivers, certificates or visa , nor does DoxBe has any connection with or bears responsibility for the Services. DoxBe acts as a technical facilitator and intermediary between the delegating administration (“autorité délégante”) and You. DoxBe has no control over and bears no responsibility for the content, the safety, quality and legality of any Services offered, nor over the delegating administration (“autorité délégante) and other users. Consequently, DoxBe cannot guarantee the ordered ECTN to be granted by the delegating administration “(autorité délégante”). You accept that You are solely responsible for the decision to purchase Services and accept that DoxBe does not bear any liability in this respect.
3.2. DoxBe shall provide the Services in accordance with the levels of service expected from a professional provider and taking into account the good industry practices. DoxBe will make every reasonable effort for optimal ease of use of the Services DoxBe. If DoxBe becomes aware of any unauthorised activity or unauthorised information that takes place on or is distributed via “DoxBe”, DoxBe undertakes to make the information in question inaccessible and, in the case of a criminal offence, to immediately communicate this information to the Public Prosecutor's Office. DoxBe reserves the right (but without being obliged to do so or being liable in any way) to block, adjust and/or remove access to information posted by You in the event it is or may be offensive, annoying or inappropriate for other users or for third parties.
3.3. While DoxBe uses reasonable efforts to include accurate and up-to-date information on the Platform, DoxBe makes no warranties or representations as to its accuracy and completeness. DoxBe assumes no liability or responsibility for any errors or omissions in the content on the Platform.
3.4. DoxBe reserves the right to remove a Service with immediate effect and without prior notice for justified reasons, in particular in connection with a breach of these General Terms and Conditions or of any applicable legal or regulatory provision. DoxBe also reserves the right to modify or discontinue the Service at any time without prior notice, for instance, but not limited to, the situation in which the delegating administration (“autorité délégante”) decides to not grant the ordered Services.
4.1. All payments to be made in connection with “DoxBe” are subject to terms of payment of this Clause 4. All charges, payments and invoices will be paid in Euro.
4.2. Payments can be performed in various ways: Paypal, bank transfer, Visa or Bancontact/Maestro. If You pay by classic bank transfer payment must be made anticipatively. Should DoxBe not receive Your payment within the aforementioned term, DoxBe may, at its own discretion and without any cost, decide to cancel Your order. You will then be informed of this as soon as possible If You pay by means of a credit card the amount will immediately after Your confirmation of payment be debited from Your card and all related costs will automatically be added.
4.3. No rights can be derived from apparent misprints or typographical errors in (online) catalogues or price lists.
4.4. In the event of non-payment of an invoice by the due date, a default interest of 1% per month on the unpaid invoice amount will be payable from the due date without prior notice of default. Also, without prior notice of default, a fixed compensation amounting to 10% of the outstanding invoice amount (with a minimum of EUR 75.00) shall be payable, without prejudice to DoxBe’s right to claim a higher compensation.
4.5. Failure to comply with the terms of payment, for whatever reason, shall entitle DoxBe to suspend all Services at Your risk. After suspension, DoxBe shall determine at its own discretion when DoxBe can restart the performance of the Services , without any compensation for delay or other damages or losses being due. If DoxBe suffers damage or losses as a result of this suspension, You shall compensate DoxBe for these damages /losses. If necessary, DoxBe may cancel the Services still to be performed. A compensation shall then be due to DoxBe equal to the performances already carried out increased by a fixed compensation of 30% of the fee that would have been due in case of full execution of the order. DoxBe shall also be entitled to claim any additional damage actually incurred.
4.6. Late payment on the due date shall also be regarded as a serious breach of contract entitling DoxBe to demand the dissolution of the agreement.
4.7. In the absence of payment on the due date of one invoice, all invoices shall become immediately payable without any prior notice of default.
4.8. You are obliged to pay the invoices on time and in full, even if the invoices are disputed, and You cannot therefore suspend any payments.
Article 5: Intellectual property
5.1. DoxBe is the exclusive owner of all intellectual property rights associated with the Services offered. You undertake not to copy, edit, exploit or resell or use in any other way or form all or part of the elements of “DoxBe”. These elements include the brand name, texts, software, databases, forms, trade names, product names, logos, graphic elements and illustrations, graphics, music, colour combinations, slogans, layouts and page layouts and any other element of “DoxBe” that is eligible for protection.
5.2. The delivery of Services by DoxBe does not imply any transfer or assignment of its intellectual rights. Any infringement of intellectual rights may be prosecuted under civil and criminal law in accordance with the applicable legislation.
5.3. Intellectual rights shall only be transferred with the express consent of DoxBe, and subject to compensation to be agreed by You and DoxBe. The transfer does not affect the right or the possibility of DoxBe to use and/or exploit the components, general principles, ideas, designs, algorithms, documentation, works, programming languages, protocols, standards and the like underlying the development, without any restriction, for other purposes. Nor does the transfer of an intellectual property right affect DoxBe’s right to do developments for itself or a third party that are similar or derived from those done for You.
5.4. DoxBe is at all times permitted to install technical facilities to protect the items protected by intellectual property rights. You will not remove or bypass such technical facilities.
6.1. DoxBe, its employees, officers, licensors, distributors or suppliers shall not be liable to You for any special, incidental, indirect, punitive or consequential damage, including, but not limited to, loss of income or profit, loss or damage to data, malfunction or non-functioning of devices or applications, or other commercial or economic losses arising from use or inability to use the Platform, even if the has been informed in advance of the possibility of such damage. DoxBe will only be liable for justified and documented direct damage incurred by You. DoxBe’s liability will be limited to the amount paid by You for the Service which caused the damage/loss.
6.2. DoxBe is not responsible for the quality, timing or legality of any content on “DoxBe”. You agree to defend, indemnify and hold DoxBe harmless from any actions, claims, costs or damages to the extent they are arising as a result of (i) Your breach of any provisions within these General Terms and Conditions or (ii) the Services.
6.3. In view of the technical characteristics of the Internet and computer resources and the need to carry out periodic maintenance, update or upgrade work, DoxBe cannot guarantee uninterrupted access and provision of Services. In the event of a normally acceptable interruption or disruption , DoxBe will do its best to remedy this within the shortest possible period of time. Such normally acceptable interruptions or disruptions are specific to the Internet service and cannot be regarded as shortcomings, failure or breach of contract.
Article 7: Partnership and confidentiality
7.1. You acknowledge and agree that Your relationship with DoxBe is one of an independent contractor, and You shall not act in a manner that expresses or implies a relationship other than that of an independent contractor.
7.2. Neither party shall disclose, either during the term of their agreement or thereafter, any confidential information of the other party and shall solely use such information for the purpose of fulfilling its obligations under the agreement.
Your submission of personal information is governed by DoxBe’s Privacy Policy which can be consulted through this link: https://www.dox-be.com/privacy
9.1. Neither party shall be liable to the other party for any delay or non-performance of its obligations to the extent such delay or non-performance results from a force majeure ("overmacht"/"force majeure") event, provided the affected party (i) promptly notifies the other party in writing of the cause of the delay or non-performance and the likely duration of the delay or non-performance; and (ii) uses its reasonable endeavours to limit the effect of that delay or non-performance on the other party.
9.2. The performance of the affected party's obligations, to the extent affected by the force majeure ("overmacht"/"force majeure") event, shall be suspended during the period that such event persists.
Article 10: Governing law - jurisdiction
10.1. These General Terms and Conditions are governed by Belgian law.
10.2. All disputes arising out of or in connection with these General Terms and Conditions shall be submitted to the Courts of Antwerp, which has exclusive jurisdiction .
These General Terms & Conditions are drawn up on and valid as from 20/06/2023