General terms

1. Purpose and acceptance

These terms set out the rules for using the re-os.eu website and the conditions on which the REOS platform, hereafter the platform, is supplied.

Subscribing, signing an order form or using an access account constitutes acceptance of these terms. In case of conflict, the signed order form prevails over these terms, which prevail over any technical documentation.

The customer’s own purchasing conditions do not apply, even if sent later, unless the publisher accepts them in writing.

2. Definitions

• Publisher: the company that publishes and operates REOS, identified on the legal notice page.
• Customer: the legal entity that subscribes.
• User: the individual to whom the customer grants a named account.
• Platform: the REOS applications available online, their interfaces, their programming interfaces and the related documentation.
• Customer data: the data the customer or its users put into the platform, including data about its properties, mandates, leases, contacts and financial movements.

3. Subscription and term

The subscription runs for an initial term of twelve months from the date accounts are opened, unless the order form states a different term.

It then renews for successive twelve month terms unless either party gives written notice at least thirty days before the end of the current term.

A trial or a demonstration is not a subscription and creates no obligation to continue for either party.

4. The service

The publisher supplies the platform as a hosted service, reachable through a browser, together with the corrective and functional updates released during the subscription.

The platform evolves. The publisher may change, add or withdraw features. Removal of a substantial feature in use by the customer is announced at least three months in advance, unless it is required by law or by security.

Screens, figures and examples published on the website are illustrative. They are not a commitment as to functionality or performance.

5. Accounts, access and security

Accounts are named. Sharing credentials between people is not allowed. The customer is responsible for keeping its users’ credentials confidential and for actions taken under them.

The customer appoints at least one administrator, who manages invitations, roles and access revocation. The publisher recommends enabling two factor authentication on every account with administration rights.

The customer informs the publisher without delay of any unauthorised use of an account that comes to its knowledge.

6. Acceptable use

The customer undertakes not to:

• use the platform in breach of applicable law, in particular data protection, anti money laundering or tenancy law;
• attempt to access another customer’s data, circumvent tenant isolation, or probe the security of the platform without prior written authorisation;
• decompile, disassemble or reproduce the platform, except within the limits the law makes mandatory;
• resell, rent out or make the platform available to a third party not covered by the order form;
• put into the platform data it has no right to process, or unlawful content.

7. Price, invoicing and payment

Prices are set out in the order form. They exclude value added tax, which is added at the applicable rate.

Subscriptions are invoiced in advance, monthly or annually as chosen on the order form. Implementation, data migration and training are quoted separately and invoiced by milestone.

Unit tiers under management are assessed on the average observed over the billing period. A sustained overshoot is adjusted in the following period, without retroactive effect.

Invoices are payable thirty days from the invoice date. If payment is not made when due, late payment interest accrues automatically at the statutory rate for commercial transactions, together with a fixed recovery sum of forty euro, without prejudice to actual costs.

The publisher may revise its prices once a year, on sixty days written notice before renewal. A customer who refuses the revision may terminate at the end of the current term without penalty.

If an invoice remains unpaid more than thirty days after a formal reminder, the publisher may suspend access. Suspension does not suspend the obligation to pay.

8. Availability, maintenance and support

The publisher targets monthly availability of 99.5 % of the platform, excluding scheduled maintenance and any unavailability attributable to the customer, its network or a third party.

Scheduled maintenance is announced at least forty eight hours in advance and, as far as possible, takes place outside business hours.

Support is reachable at [email protected] on business days from 9am to 6pm, Brussels time. First response times depend on severity: two business hours for a total outage, one business day for a major defect, three business days for other requests.

Enhanced service levels, extended on call cover and dedicated environments are covered by a specific service annex.

9. Personal data

For data processed in the platform, the customer acts as controller and the publisher as processor within the meaning of the General Data Protection Regulation. The publisher processes that data only on the customer’s documented instructions.

A data processing agreement describing the processing, the security measures, the list of subprocessors and the assistance arrangements is annexed to the contract and available on request at [email protected].

Data is hosted in the European Union. Any new subprocessor is notified to the customer, who has thirty days to object on reasonable data protection grounds.

The publisher assists the customer in handling data subject requests and in notifying personal data breaches, which it reports without undue delay after becoming aware of them.

Processing of website visitors’ data is described in the privacy policy and the cookie policy.

10. Customer data and exit

Customer data belongs to the customer. The publisher acquires no rights over it beyond the use strictly necessary to supply the service.

The customer may export its data at any time during the subscription, in open and usable formats.

After the contract ends, data remains exportable for thirty days. After that period it is deleted from production environments, then from backups according to the rotation cycle in force, unless the law requires retention.

The publisher may use aggregated and anonymised data, from which neither the customer nor any individual can be identified, to improve the service.

11. Confidentiality

Each party undertakes not to disclose the other’s confidential information and to use it only to perform the contract. This undertaking survives five years after the contract ends.

It does not cover information that is public, already known without fault, independently developed, or whose disclosure is required by a competent authority.

12. Intellectual property

The platform, its interfaces, its code, its documentation and its trade marks remain the property of the publisher. The subscription grants a personal, non exclusive, non transferable right of use, limited to the subscription term and to the scope of the order form.

Improvement suggestions sent by the customer may be used freely by the publisher, without consideration and without creating any right for the customer.

Third party product names and trade marks, in particular listing portals and compared solutions, are cited for identification and remain the property of their owners.

13. Warranties

The publisher warrants that the service is supplied with the care and skill expected of a professional in its sector, and that it holds the rights needed in the platform.

The publisher does not warrant that the platform will be free of every defect, nor that it will meet a need the customer has not expressed. It does not warrant the commercial, financial or legal outcomes the customer draws from using it.

The customer warrants that it is entitled to put into the platform the data it processes there and that it has informed the individuals concerned.

14. Liability

The publisher’s liability, on any ground taken together, is capped per contract year at the amounts paid by the customer for the subscription over the twelve months preceding the event giving rise to the claim.

The publisher is not liable for indirect loss, in particular loss of revenue, of customers or of reputation, nor for the consequences of data loss caused by the customer’s own handling.

These limits do not apply to wilful misconduct, gross negligence, personal injury, or any liability that cannot be limited by law.

15. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control, in particular a natural disaster, armed conflict, an act of authority, a general network outage or a major failure of an infrastructure supplier.

If the event lasts more than sixty days, either party may terminate the contract in writing, without compensation.

16. Subcontracting, assignment and changes to these terms

The publisher may use subcontractors for hosting and certain technical functions. It remains responsible for their performance.

The customer may not assign the contract without prior written consent, except to a company in its group. The publisher may assign it as part of a reorganisation or a business transfer, provided it informs the customer.

The publisher may amend these terms. Any substantial change is notified thirty days before it takes effect. A customer who refuses it may terminate at the end of the current term.

17. Governing law and jurisdiction

The contract is governed by Belgian law, without prejudice to mandatory rules applicable in the customer’s country of establishment.

The parties seek an amicable solution before any proceedings. Failing agreement within thirty days, the enterprise courts of Brussels have exclusive jurisdiction, unless the signed order form provides otherwise.

If a clause is held void, the others remain in force and the void clause is replaced by a valid one of equivalent economic effect.

18. Contact

Contractual and commercial questions: [email protected]. Technical support: [email protected]. Full details of the publisher appear on the legal notice page.