General terms and conditions

APPIT is a web and smartphone application that allows, among other things, the creation and sharing of travel programmes with all accessories such as travel documents, contacts, etc. with external travellers.

The use of this application is free of charge for the end users. The organiser of the trip, event, … or his company pays a subscription fee, in accordance with the contract entered into, for the use of this service. It is also possible to opt for a free subscription. In this case, no fee will be charged for the use of APPIT.

1. Purpose and validity of the General Terms and Conditions

1a. These Terms and Conditions apply to all agreements between APPIT and its clients.

2. General

2a. Unless expressly agreed otherwise in writing, all agreements, quotations and orders, and all deliveries and contracting work resulting therefrom, shall be governed by the terms and conditions set out below. These terms and conditions are accepted by the customer by the mere fact of negotiating or entering into an agreement with APPIT BV.
The customer acknowledges having taken cognisance of these terms and conditions in all its written and printed provisions. He acknowledges that these terms and conditions constitute the integral text of the agreement reached between the parties and replace and annul all previous oral or written proposals or agreements, as well as any other communication made between the parties so far.
Any nullity of one or more clauses of these general terms and conditions shall not affect the applicability of all other clauses.

2b. Unless expressly agreed otherwise in writing, the contract terms below shall prevail over the contract terms appearing on our co-contractor’s documents and the latter shall be deemed non-existent.

2c. When an APPIT price offer is signed by the client, a complete and legally valid contract is deemed to have been concluded. The same applies when works are performed after a price offer has been sent to the client, barring immediate and registered protest after the commencement of works.

2d. APPIT reserves the right to subcontract all or part of the works on our own responsibility.

2e. If a potential client accepts an appointment and does not cancel it at least 12 hours before an appointment is due to take place (mail or telephone), APPIT will charge a fixed fee for this missed appointment of € 0.50 per kilometre driven from APPIT’s address (3660/Oudsbergen) to the client’s appointment address and back. This cost will be charged by APPIT if an APPIT sales representative moves to the client as agreed and the client does not receive the APPIT sales representative. In case of correct cancellation of the appointment in advance, this cost will not be charged.

3. Terminology

3a. When these Terms and Conditions refer to “client”, it means a natural or legal person in whose name an order has been placed with APPIT.

3b. A ‘subscription period’ is the period for which a customer has paid an amount in advance.

4. Prices

4a. Subscription formulas

Appit BV offers a number of subscription packages.

These include the choice of a free subscription or one-off version (trip-by-trip purchases). The prices on this page, do not include VAT. Without obligation, users of the free subscription can buy off Google Ads for 5 euro/trip (= one-off cost). There is also the choice of a professional (=PRO) subscription.

Furthermore, users of the PRO+ subscription as well as the Premium subscriptions can always purchase additional administrators without any obligation. The customer then pays 5 euro excl. VAT per new administrator per month. Customers of the subscriptions (from this paragraph) also have the option of purchasing additional journeys. A cost of 100 euro excl. VAT is charged for this. In addition, users of the PRO, PRO+ and Premium subscriptions have a photo database in which they can upload photos of up to 2 megabytes per photo.

Regarding Appit Premium subscriptions. These work only on the basis of the PRO+ subscription (annual) with the additional features/features that apply to the various Premium subscriptions. If a Premium customer, who owns his own personalised app, wishes to terminate the agreement with Appit (=no longer paying the annual subscription fee, …), Appit reserves the right to keep the customer’s personalised app in its own possession.

Furthermore, you can change your account at any time to one of the other formulas we offer. If you already have a private subscription, you can only choose between the private subscriptions (same principle for subscriptions under the heading ‘business’). If you wish to switch to Appit Premium (= personalised app), please contact us. Please visit our contactpage.

A downgrade of the subscription is possible but does not entitle to a refund of the price difference for the current period (month or year). The price will be adjusted at the start of the new period.

4b. Tailor-made offers

Prices communicated by Appit in the context of customised quotations are always without obligation, unless it has been expressly stated that they are final. Final prices stated in quotations are only valid for 30 days. Prices are in Euro and exclusive of VAT, unless otherwise indicated, and are payable as stated on the invoice. Unless otherwise agreed, prices relating to the provision of services are calculated for a period of one year. At the start of this period, the full price shall be paid in accordance with Article 3.

Unilateral termination by the customer shall not give rise to any refund or reimbursement in any way of payments made. Prices relating to services may be changed by Appit at any time during the term of the contract. The client will be informed of this through the website and also individually through personal communication. The changed prices will be payable by the customer after two months counting from the individual notification, unless the customer has made use of the option to terminate the contract free of charge and without justification.

5. Law

5a. All agreements between APPIT and the Client and all offers made by APPIT shall be governed by Belgian law.

5b. All possible disputes arising from the agreements and offers mentioned in the previous paragraph will be submitted to a competent court in the Hasselt/Tongeren region unless APPIT chooses to submit a dispute to another competent court.

6. Correspondence

6a. All communication will be via email, including invoices and any payment reminders.

6b. The client is obliged to provide an email address to APPIT on which to receive emails; changes to this must be reported to APPIT immediately, within 7 working days of the change.

6c. For other communications around the application itself, the mail address linked to the client’s account and manageable by the client himself in the application in his user data will be used.

7. Property

All intellectual or industrial property rights to all equipment, software or other materials developed or made available under an Agreement shall be vested in APPIT or its licensor(s). Client acquires the right of use and powers under the Agreement.

8. Rights of third parties

Client guarantees APPIT that the order provided by Client to APPIT does not infringe any third party right in any way. This includes (but is not limited to): domain name registration, website content and software used.

9. Newsletter APPIT

9a. By placing an order, APPIT has the right to include the ordering mail address in the mailing list used for sending newsletters.

9b. Unsubscribing from this newsletter can be done via an unsubscribe link in the mail.

10. Payment periods

A payment period is the period for which a customer pays an amount in advance. An agreement between customer and APPIT is entered into for the payment period that the customer can usually choose. By default, APPIT contracts are by convention one-time, monthly or annual contracts. After the expiry of the monthly or annual period, the agreement is always automatically and tacitly renewed for the same payment period, unless the client has cancelled at least two weeks before the start of the new period. For cancellation, sending an e-mail to info@appit.be with indication of the contract number, the message stating that the customer wants to terminate the agreement and the date of desired termination is sufficient. Thus, the customer is not explicitly notified of renewal of agreements.

For the sake of completeness, it should be mentioned that payment periods do not apply to one-off products and services.

11. Invoices

11a. By placing an order, a customer automatically agrees to receive invoices by email in PDF. Invoices will therefore not be sent by post, unless a different method is mutually agreed.

11b. Complaints about invoices should be made within 14 days of the invoice being sent.

11c. After the expiry of the period mentioned in 11b, the customer is deemed to agree with the invoice received.

11d. If the customer acts on behalf of or on behalf of an association, foundation or company, the customer shall at all times be held personally liable for outstanding invoices, if it becomes apparent that the customer was not authorised to act on behalf of the legal entity for which the agreement was entered into/order was placed at the time the order was placed, or if the legal entity on behalf of which the order was signed waives its obligation to pay.

11e. Ongoing affairs, such as, but not limited to, domain name registrations, subscriptions and maintenance contracts, are always renewed automatically. This rule may be deviated from in special cases, for example if there is a payment arrears. If a customer wishes to discontinue a product, this can be done at any time, according to the conditions stipulated and agreed in the offer made. However, refunds are only made if the cancellation is made before the start of a new payment period. The customer is therefore obliged to pay the new invoice if he has cancelled after the start of the new payment period.

11f. Invoices must be paid no later than the due date stated on the invoice. If the full invoice amount is not received by APPIT after the final payment date, the client shall be in default and a registered and formal notice of default (by post) shall follow.

11g. If the Customer is in default, it shall owe interest on the outstanding amount equal to the statutory interest rate. The collection costs also due are 15% of the outstanding amount with a minimum of 75 euros (say seventy-five euros).

11h. In case APPIT has to incur costs to collect the claim and those costs exceed the amount mentioned in the previous paragraph, the client shall also owe the additional amount to APPIT.

11i. APPIT will send a first payment reminder (at no additional cost) by email if the client has defaulted in paying an invoice.

11j. APPIT will send a second payment reminder (by post and email) if the client does not timely comply with the request for payment mentioned in the first payment reminder. Thereby additional costs (10 euro per write) will be charged.

11k. APPIT is at any time entitled to suspend or discontinue the services, or render the present product unusable, if the client does not timely comply with the request for payment mentioned in the second payment reminder. Any resumption of services will take place only after the full outstanding amount has been paid, including additional costs. APPIT will, in the event of discontinuation, make every effort to first try to reach the client by telephone to still resolve the matter.

12. Suspension/discontinuation of services

12a. APPIT reserves the right to suspend or discontinue services in respect of the client for non or non-timely payment and/or breach of the Terms and Conditions.

12b. Suspension or discontinuation of services does not relieve the client from its obligation to pay the outstanding invoice(s) to APPIT.

12c. For suspension and/or discontinuation of any service due to violation of one or more rules in these General Terms and Conditions, no compensation or refund will ever take place.

13. Authorisation/automatic debit (direct debit)

13a. Client can use the direct debit option with APPIT; that is, the client can provide APPIT with an authorisation to collect an invoice amount. This is referred to as direct debit.

13b. APPIT sets up authorisations per client, valid for all products ordered from APPIT under this client. The client is responsible for setting/issuing authorisations. APPIT will send information with each invoice on how the client can initiate direct debit.

13c. If a client has authorised APPIT to debit an amount from their account per payment period, and a cancellation takes place with the right to a refund, the amount collected will be refunded within 30 days of direct debit.

13d. The customer always has the right to withdraw an authorisation. From the next invoice after revocation, the amounts will no longer be collected automatically.

14. Rights to refuse services

APPIT has the right to refuse or cancel services at its discretion.

15. Indemnification

15a. By placing an order the client indemnifies APPIT from all possible legal prosecutions, fines and its more, that could result from the placing of the order and the activities resulting from it. The client is not responsible for leaks in the system, but is responsible for taking care of the logins and passwords they received from APPIT when placing an order.

15b. Client safeguards APPIT from all liability for failure to capture, renew, request or register a product on time and/or incorrectly, such as, but not limited to, domain names and SSL certificates. This of course only in case APPIT can prove to have done everything possible to follow up this order correctly.

16. Price increase

If APPIT increases the price of a continuous product, as mentioned in paragraph 11e, the customer will be given time during the period for which it has paid to look for another provider or product, with a minimum of 3 months. Until then, he shall pay the old price.

17. Terminations

By agreement. See in other points of this agreement. More specifically, point 10.

18. Amendment of General Terms and Conditions

APPIT is entitled to amend the Terms and Conditions at any time. Publication on the website www.appit4travel.com is binding.

19. Termination conditions

APPIT is entitled to terminate an Agreement without notice of default or judicial intervention if:

customer’s bankruptcy is or has been declared;
Client applies for a moratorium
Customer is granted suspension of payment;
Client loses the authority over (part of) his assets by attachment or any other cause;
APPIT has legitimate reasons to doubt the customer’s ability to meet its obligations (on time);
If the system is not working properly: e.g. it is not possible to create journeys, the system is down at all times, …

20. Disclaimer

APPIT is not responsible for any damages that the client may suffer. APPIT does not guarantee any damages arising from the use of its services. This includes, but is not limited to, loss of data arising from delays, non-arrival, or misdelivery, and any interruptions to services caused by APPIT, its suppliers and staff.

Clarification: The client is not responsible for system leaks, but is responsible for taking care of logins and passwords.