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General Terms and Conditions

GENERAL TERMS AND CONDITIONS

APPIT is a web and smartphone application which allows users to set up and share travel programs with external parties and to include all associated items, such as travel documents, contacts, etc.

The use of this application is free of charge for end users. The organizer of the trip, the event, … or their company pays a subscription fee, in accordance with the contract entered into, for use of this service. There is also the option to use the free version. In this case, no fee is charged for the use of APPIT.

1.  Purpose and validity of the General Terms and Conditions

1a. These General 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 contract work arising therefrom, shall be governed by the following terms and conditions. These conditions are accepted by the client by the simple fact of negotiating or concluding an agreement with APPIT BV.
The client acknowledges that they have taken note of these conditions, together with all their written and printed stipulations. The client 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, in addition to any other communication made to date between the parties.
Voidance of one or more clauses in these general terms and conditions shall not affect the validity of all other clauses.

2b. Unless expressly agreed otherwise in writing, the contractual conditions below take precedence over the contractual conditions appearing on the documents of our co-contracting party which are to be regarded as non-existent.

2c. Once an APPIT quotation is signed by the client, a complete and legally binding agreement is deemed to have been concluded. The same applies when the works are carried out after a quote has been sent to the client, except in the event of an immediate and registered complaint following commencement of the works.

2d. APPIT reserves the right to subcontract all or part of the work, for which we shall be responsible.

2e. Where a potential client agrees to an appointment and fails to cancel by 12 noon at the latest, prior to an appointment (either by email or phone), APPIT will charge a fixed fee for the missed appointment of € 0.50 per kilometre driven from APPIT’s address (3660/Oudsbergen) to the client’s appointment address and back.

APPIT will charge the costs to the client in the event that an APPIT sales representative travels to the client as agreed and the client fails to meet the APPIT sales representative. Where the appointment is cancelled with the correct advance notice given, these costs will not be charged.

3.  Terminology

3a. When a reference is made in these General Terms and Conditions to ‘client’, this means: a natural or legal person in whose name an order has been placed with the APPIT company.

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

4.  Pricing

    4a. Subscription plans

Appit BV offers a number of subscription formulas that are divided into ‘Private’ and ‘Business’. 

When one chooses a private subscription, one has the choice between a free subscription or a one-off version (purchase per journey). The prices on this page, under the heading ‘Private’, include VAT. Users of the free subscription can purchase Google Ads for €5/trip (=one-off fee). 

If you opt for a subscription under the heading ‘Business’ on this page, you have the choice between a one-off version (purchase per journey) and a monthly or annual subscription with the corresponding functionalities and conditions. Prices shown on the previous page, under the heading ‘Private’, do not include VAT.

Furthermore, the users of the PRO+ subscription as well as the Premium subscriptions can always purchase additional administrators without any obligation. The customer then pays 5 euros excluding VAT per new administrator per month. Customers of the subscriptions (from this paragraph) also have the possibility to buy extra trips. For this, a cost of 100 euro excl. In addition, users of the PRO, PRO+ and Premium subscriptions have a photo database where they can upload photos of up to 2 megabytes per photo.

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

Furthermore, you can change your subscription at any time to one of the other formulas we offer. If you already have a private subscription, you only have the choice between the private subscriptions (same principle for subscriptions under the heading ‘company’). When you want to switch to Appit Premium (= personalised app) you need to contact us. Please visit our contact page.

A downgrade of the subscription is possible but does not entitle you 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. Customized offers

Prices offered by Appit within the context of customized offers are always without obligation, unless it has been explicitly stated that they are final. The definitive prices shown in quotes are valid for 30 days only. Prices are in euros and exclusive of VAT, unless otherwise stated, and are payable as stated on the invoice. Unless otherwise agreed, prices related to the service will be 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 client shall not give rise to a refund of payments made or compensation in any way whatsoever. The prices related to services may be changed by Appit at any time during the term of the contract. The client will be informed of this via the website and also individually by personal communication. The changed prices will be payable by the client two months following the individual notification, unless the client has used the option to cancel the contract free of charge and without giving a reason.

5.  Legal

5a. All agreements between APPIT and the client and all offers made by APPIT are subject to 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 shall be by email, including invoices and payment reminders.

6b. The client is obliged to provide APPIT with an email address at which they receive emails; APPIT must be notified of any changes immediately, within 7 working days after the change.

6c. For other communications regarding the application itself, the email address is used that is linked to the client’s account and which is used by the client to manage the user data of the application.

7.  Rights

All intellectual or industrial property rights to all equipment, software or other materials developed or made available under an agreement are vested in APPIT or its licensor/s. The client obtains the right of use and the authorizations resulting from the agreement.

8.  Third party rights

The client guarantees APPIT that the order given by the client to APPIT does not in any manner infringe any third party rights. This includes (but is not limited to): registration of the domain name, website content and software used.

9.  APPIT newsletter

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

9b. You may unsubscribe from this newsletter via an unsubscribe link in the email.

10. Payment periods

A payment period is the period for which a client pays an amount in advance. An agreement between clients and APPIT is entered into for the payment period, which the client can usually choose. By default APPIT contracts are one-off, monthly or annual contracts. After the expiry of the monthly or annual period the contract is renewed automatically and tacitly for the same period, unless the client cancels the contract at least two weeks before the start of the new period. To cancel, it is sufficient to send an e-mail to info@appit4travel.com, stating the contract number, the message stating that the customer wishes to terminate the agreement and the date on which the desired termination will take place. The customer is therefore not explicitly informed about the renewal of agreements.

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

11. Invoices

 11a. By placing an order the client automatically agrees to receive PDF invoices by email. Invoices are not sent by post, unless a different working method is agreed upon by mutual agreement.

11b. Complaints regarding invoices must be submitted within 14 days after the invoice was sent.

11c, After expiry of the period mentioned in 11b, the client is deemed to be in agreement with the invoice received.

11d, If the client acts on behalf of or on account of an association, foundation or company, the client will at all times be held personally responsible for outstanding invoices, where it appears that the client was not authorized to act on behalf of the legal entity on whose behalf the agreement/order was entered into/placed, or in the event that the legal entity on whose behalf the agreement was signed, waives their obligation to pay.

11e, Ongoing matters, such as, but not limited to, domain name registrations, subscriptions and maintenance contracts, are always renewed automatically. This clause may be departed from in certain cases, such as late payment. Where the client wishes to discontinue a product, they may do so at any time, in accordance with the conditions stipulated and agreed in the offer. However, a refund shall only be due when the cancellation is made before the start of a new payment period. The client is therefore obligated to pay the new invoice if cancellation occurred after the start of the new payment period.

11f, Invoices must be paid no later than the final payment date stated on the invoice. In the event that APPIT does not receive the full invoice amount after the final payment date, the client will be in default and a registered and formal notice of default will follow (by post).

11g, Where the client is in default, then the client shall owe interest on the outstanding amount equal to the statutory interest. The collection costs owed are 15% of the outstanding amount, with a minimum charge of 75 euros (in words seventy-five euros).

11h, In the event that APPIT incurs costs in order to collect the outstanding amount and these costs exceed the amount laid out in the preceding paragraph, the client shall also be liable to APPIT for the additional amount.

11i, APPIT will send an initial payment reminder (at no extra cost) by email if the client has failed to pay an invoice.

11j, APPIT will send a second payment reminder (by post and email), if the client does not comply in a timely manner with the request for payment as detailed in the first payment reminder. Additional costs (10 euros per letter) will be charged.

11k, APPIT is at all times entitled to suspend or discontinue the provision of services, or to render the product in question unusable, in the event that the client does not comply in a timely manner with the request for payment as detailed in the second payment reminder. Any resumption of services will only take effect following payment in full of the outstanding amount, including any additional costs. APPIT will, in the event of termination, make every attempt to first contact the client by telephone to resolve the issue.

12. Suspension/discontinuation of services

12a, APPIT reserves the right to suspend or discontinue the provision of services to the client in the event of non-payment or late payment and/or violation of the Terms and Conditions.

12b, Suspension or discontinuation of service does not release the client from their 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, there shall be no right to compensation or refund.

13. Authorization/automatic collection (direct debit)

13a, The client can make use of the direct debit option for APPIT; which means that the client authorizes APPIT to collect an invoice amount. This is called direct debit.

13b, APPIT sets authorizations per client, which are valid for all products ordered from APPIT by the client. The client is responsible for setting up/issuing authorizations. APPIT sends information with every invoice on how the client can set up the direct debit.

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

13d, The client at all times retains the right to revoke an authorization. From the next invoice following 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 own discretion.

15. Indemnification

15a, By placing an order, the client indemnifies APPIT against all possible legal proceedings, fines and similar, which might arise from placing the order and actions resulting therefrom. The client is not responsible for system breaches, but is responsible for the security of the logins and passwords received from APPIT when placing an order.

15b, The client shall indemnify APPIT against all liability for failure to record, 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 the event that APPIT is able to prove that everything possible has been done to follow up this order correctly.

16. Price increase

Where APPIT increases the price of a current product, as mentioned in paragraph 11e, the client will be given sufficient time to identify an alternative provider or another product during the period for which payment is made, with a minimum of 3 months. Until such time, the client shall pay the old price.

17. Cancellations

In consultation. See in other articles in this Agreement. More specifically article 10.

18. Amendments to the General Terms and Conditions

APPIT shall at all times be entitled to amend the General Terms and Conditions. Publication on the website www.appit4travel.com is binding.

19. Dissolution of conditions

APPIT is entitled to dissolve an agreement without notice of default or judicial intervention where:

  • the client is or has been declared bankrupt;
  • the client applies for suspension of payment;
  • the client has been granted suspension of payment;
  • the client loses the authority over (part of) their assets due to seizure or through any other cause;
  • APPIT has reasonable grounds to doubt the client’s ability to meet their obligations in a timely manner;
  • where the system does not function correctly: e.g. it does not succeed in creating trips, system is regularly down, etc.

20. Disclaimer

APPIT is not responsible for any damage the client may suffer. APPIT offers no guarantees for damages resulting from the use of its services. This includes, but is not limited to, loss of data resulting from delays, non-arrival, or mis-delivery, and all interruptions of services caused by APPIT, its suppliers and staff.

Clarification: The client is not responsible for system breaches, but is responsible for the security of the logins and passwords.

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