Article 1. Definitions
In these Terms and Conditions, the following words or group of words defined in this article have the same meaning. The definition of a given word in singular is also applies in plural in the Terms and Conditions and conversely. When the defined words or group of words are used in these Terms and Conditions of use, the first letter of the word (or of each word) is a capital letter. When the same word is used in the Terms and Conditions without a capital letter, it doesn't have the given meaning in this article, but rather the one of the common language.
Terms and Conditions: the term « Terms and Conditions » or « Conditions » applies to this document
WebSite: the term « Website » applies to the website www.PayAdvisor.eu and any mobile application known as « PayAdvisor »
User: the term « user » relates to any person using the Website for any purpose.
Customer: the term « Customer » relates to any Website User that enjoys the « PayAdvisor » paying services.
PayAdvisor: the term « PayAdvisor » or Holder applies to BISLINK Ltd , whose head office is located in Louise avenue 523 at Brussels 1050, registered under No 0683.773.784 in the ECB.
Account: the term « account » applies to the user account as supplemented by the User upon the registration.
Service: the term « Service » applies to all the services made available to the User through the Website.
Paying Services: The term « Paying Services » applies to all the Services that are made available to the User through the Website and that are only accessible at a cost listed in the Website.
Article 2. Subject
The purpose of this document is to determine the Terms and Conditions for the Services and paying Services made available to the User through the Website.
The Services provided through the Website are defined as the provision of a conciliation board between professionals regarding invoice payments.
Thanks to a tool of amicable solutions, the Website is part of an objective and neutral approach that aims to ease the invoice payments issued by an User and undoubtedly considered payable by his/her Customer or his/her debtor.
Among the services provided to the Users, some are subject to the payment of a price as defined in these Terms and Conditions (invoice tracking, payment management, and so on).
PayAdvisor publishes data relating to the « speed of payment » of the Customers or the debtors of its Users. The Website transposes exclusively data reported by its Users registered on the Website; this information is deemed to be sincere on their part.
PayAdvisor does not at all prejudges the quality of a natural or legal person of being good or bad payer and does not claim in any way to be judge, arbitrator, mediator, or other.
A data published on the Website serves as information purposes only and reflects just one situation in connection with one or some Users in particular. This data cannot be interpreted as reflecting a global contextual situation, regardless of the information published. A published information cannot therefore be understood neither as a solvency and repute notification nor as a legal, accounting, financial advice, and so on.
PayAdvisor is not competent in other fields than those referred to herein.
The User commits to use the Website and the Services with the utmost prudence and diligence for which he/she is liable to, in compliance with legal, public national and international provisions as with these provisions.
Article 3. Entry into force and duration
Les présentes Conditions Générales entrent en vigueur à la date de mise en ligne du Site et s'appliquent à chaque Utilisateur.
Toute modification des Conditions Générales est réputée connue et acceptée par l'Utilisateur.
Article 4. Acceptance
The use of the Website for any reason, implies the full and complete acceptance of any User, so as the understanding of these Terms and Conditions, included the primacy of these Terms and Conditions over any other Terms and Conditions that the Website User could invoke.
If the User does not accept these Terms and Conditions, he/she is requested to leave the Website and not to use it in any way.
Article 5. Website content and amendements
The Website is updated on a regular basis and a great care is taken to assess the relevance of the information contained in it. Nevertheless, PayAdvisor cannot ensure the accuracy, reliability, opportunity, precision nor the comprehensive nature of all the information contained herein. PayAdvisor cannot be held responsible for the products sold by the advertisers to whom it dedicates a promotional space on the Website
PayAdvisor reserves the right to modify periodically, unilaterally and without prior notice, the Terms and Conditions, to adjust them to the legal and regulatory changes for instance or to modify the available functions. The User shall consult those Terms and Conditions so that he/she is being kept informed of the amendments made. The User is deemed to take note, to accept and understand those amendments throughout the use of the Website.
Article 6. Registration form - User account
To access all the Services provided by the Website, the User must create an account. During his/ her registration, the User is liable to provide accurate and complete information and commits to notify the Holder about the amendments of this information without delay.
By registering, the User creates a unique username and a personal password, which he/ she must keep confidential.
The User commits not to use an offensive username, against the public order and morality, violating third party rights, the current laws and regulations in Belgium and the Holder image.
The User commits not to create, use other account that the one originally created, whether is under his/her own identity or the one of a third party. Any deviation from this rule must be the subject of an explicit request from the User and an express authorization from PayAdvisor. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the prior authorization of the Holder may result in the immediate suspension of the User's Accounts of all services associated with this Account in accordance with Article 11 below.
The User is the only responsible for the confidentiality, the safety and the use of his/her Username and password related to his/her account.
PayAdvisor won't be liable for any damages caused by the communication of wrong or not sufficiently accurate data during registration of the User Account.
The Account creation confirmation is materialized by a confirmation email from PayAdvisor to the e-mail address given by the registered User.
Any natural or legal person over 18 years of age may be a Website User and create an Account. Nevertheless, any User who is subjected to fraud or attempted fraud won't be able to register anymore, and this for a period of five years, except in exceptional circumstances expressly accepted by PayAdvisor.
Article 7. Majority
The User declares to be over 18 years of age and to possess the ability to commit himself/herself to these Terms and Conditions.
The User ensures that the access and/or the use of his/her account by any third party, including under-age people, without his/her permission is blocked. The Holder cannot in any way be liable, for any reason, due to the Website use and/or the User Account by an underage person, by any means.
Article 8. The use of the Website
The User commits to use the Services provided by the Website in good faith and not to break these Terms and Conditions.
The User commits:
- no to use the information illegally and not to break any local, regional, national law or applicable regulations, or any court judgement, including restrictions regarding planning and tax regulations ;
- not to use the Website so that it can be damaged, converted, interrupted, stopped or made less efficient in any means ;
- not to use the Website for the transmission or the sending of computer viruses or for the transmission or sending of illegal inappropriate or against morality (including, but not exclusively, obscene and harmful information against public order) ;
- not to use the Website in order to infringe, in any way, the rights of a natural, legal person or association such as - among others but not exclusively - the right to privacy and Intellectual property;
- To carry out all the necessary verifications concerning the rights attached to the elements reproduced in its publication (s) and, if necessary, to obtain the permission of the holders of these rights;
- not to use the Website for sending or transmitting content for promotional or advertising purposes without having requested the prior permission of PayAdvisor;
- not to reproduce, without the prior and express permission, of its author, without this list being exhaustive, any work, illustration, image, picture, text, file, etc., and more generally any protected content by intellectual and industrial property rights;
- not to use software, devices, scripts, cancel bots, diverted means, other manual or automated means and processes to access, remove, browse or scan any page of the Website.
PayAdvisor is not responsible for the possible spread of viruses in cases where, despite the precautionary measures taken, it should occur. It also declines any responsibility for the damage that these viruses would cause.
If advice is given, either directly or indirectly, via the Site, in the context of medical, legal, financial or any other personal or commercial nature, such advice is given without any form of guarantee and without PayAdvisor being responsible for it. The User must always consult an expert in these matters for additional information adapted to his/her particular situation.
The User agrees to fully guarantee PayAdvisor against any damage caused, directly or indirectly by PayAdvisor because of his/her behavior.
PayAdvisor reserves the right to suspend access to any publication that it considers as breaking the Terms, a legal standard or anything that is contrary to morality. In such a case, PayAdvisor shall notify the User concerned by e-mail about the suspension measure, inviting him/her to put an end to the misconduct mentioned in the notification.
Article 9. Newsletter
By completing the fields for the reception of the "Newsletter", the User agrees to receive, on the email address provided, at regular intervals, information from PayAdvisor. At any time, an unsubscription to the Newsletter is possible by clicking on the button "[Unsubscribing]" provided at the bottom of the page of each Newsletter.
Article 10. The obligations of the User
The User has the obligation to comply with the instructions, messages, rules, terms and conditions mentioned by PayAdvisor when using the Website.
Any instruction and note (eg Frequently Asked Questions) formulated by PayAdvisor must be respected by the User in their updated and possibly amended version. If the User does not comply with any of their obligations from the Terms and Conditions, the Holder may take appropriate actions (eg, issue a warning, block or delete the content, made the access of the User inaccessible or even warn them).
The User is responsible, without any restriction at all, for his/her personal conduct when using the Website. This applies especially in case of doubt about any published contribution or any content used by the User.
The User has the obligation to update, gradually and systematically, the information they provide on behalf of any third party concerned.
As part of the paid Services, the User agrees and guarantees the accuracy of the information provided, regardless of the means by which they are transmitted, concerning unpaid debts that he/she has registered through his/her Account and based on which a note will be attributed to the said third party debtor. PayAdvisor is unable to check or verify the accuracy and / or completeness of this information. The Customer must make every effort to keep his/her information as accurate and up-to-date as possible.
PayAdvisor cannot under any circumstances be held liable for any loss or damage resulting from negligence, any act or omission, for any other reason related to the obtained, received or transmitted aforementioned information, nor due to a lack of accuracy.
In accordance with the provisions of article 1165 of the Civil Code, the Customer releases PayAdvisor from any responsibility for the information obtained and in case of direct or indirect communication to third parties. The information provided by the Customers is therefore published on the Website in good faith, but PayAdvisor cannot guarantee its partial or total accuracy.
The information that is provided by the Customer to PayAdvisor represents only a portion of the elements allowing the Users to get an idea of the diligence and reliability of a professional third party. The Customer guarantees PayAdvisor against any claim for compensation, etc., from third parties, and relating to the provision of this information.
The Customer confirms, by calling on the Pay Services, that he/she has collected and processed the information communicated to PayAdvisor concerning third parties in accordance with the provisions of the Law of 08/12/1992 relating to the protection of privacy with regard to processing of personal data and the Data Protection Regulation (EU) 2016/679 and any other legal provisions that may be applicable, and has previously ensured the ability to transfer the aforesaid information to PayAdvisor and the Website. With regard to the personal data as referred to in the aforementioned provisions, PayAdvisor advices Customers to include in their terms and conditions the following provision:
"As part as of the Agreement, the Customer expressly agrees that the personal data, as referred to in the Law of 08/12/1992 on the protection of privacy with regard to the processing of personal data and the Data Protection Regulation (EU) 2016/679, be communicated to the PayAdvisor platform. The PayAdvisor platform is a billing claims tracking tool developed and held by SPRL BISLINK, BCE 0683.773.784, whose head office is located at Avenue Louise 523 1050 Ixelles
The User agrees not to communicate the information provided on or by the Website to other websites or to any other third party.
Article 11. Suspension of access to the Website - Deletion of the Account
If the User targeted by the suspension measure referred to in Article 8 fails to remedy the situation denounced, PayAdvisor will send him/her a formal notice to comply immediately with the said article.
If notwithstanding the formal notice, the User does not voluntarily terminate the faulty behavior denounced, PayAdvisor will delete, without further notice, the Account without compensation for the benefit of the latter.
PayAdvisor reserves the right to refuse the re-registration of the User whose Account has been deleted.
In general, PayAdvisor reserves the right to suspend or interrupt all or part of the access to the Website, as well as to take technical and, where appropriate, legal measures, in the event of presumption, on the behalf of the User, that infringes, in any way whatsoever, the interests of PayAdvisor, the Website or any third party, including its intellectual property rights.
Article 12. Duration of registration and Unsubscription
The registration is scheduled for an indefinite period, it begins upon the receipt of the registration confirmation on the Website and terminates ipso jure in the event of the closure of the Website, the cessation of activity of PayAdvisor, the reorganization of the Website or the unsubscription of the User. PayAdvisor reserves the right, at any time, to unilaterally unsubscribe a User without having to justify the reason. In this specific case, PayAdvisor will have to reimburse any unused credits-invoices of the User's monthly subscription.
The Registered User is allowed to unsubscribe at any time if he/she wishes, without any financial penalty or obligation to give a reason, by filling in the appropriate form in his/her Space on the Site.
Article 13. Fee for Paid Services
The invoicing follow-up and management services are qualified as paid services on the Website and are accessible to both natural and legal persons with a valid European VAT number. The Price for Paid Services is in effect on the Site on the day of the creation of the Account by the Client.
The prices of the various services offered on the Website are clearly indicated in Euro, excluding VAT.
The Site reserves the right to modify the prices at any time and without notice. The credits-invoices, purchased and available before any price change, remain acquired and usable by the Customer.
Article 14. Methods of payment
Some PayAdvisor Services are not free of charge and are accessible through the prior purchase of a monthly subscription. The monthly subscription allows the Customer to encode on the www.payAdvisor.eu website a certain number of invoices per month to be followed up. The price of an invoice credit varies according to the subscription or the additional invoice packs chosen by the Customer. The price of a subscription may be revised without notice, both upwards and downwards. The credits-invoices acquired by the Customer as part of his subscription or the purchase of invoice packs must be used within the month of the subscription. The Customer may only pay for his subscription or additional Billing Packs with a means of payment as described in Article 15 of these GTC. Each month, the amount of the chosen subscription will be presented to the Customer's banking institution; the acceptance of this debit will entitle the Customer to the amount of the credits-invoices provided for in the chosen subscription.
Article 15. Non-compliance with payment terms and conditions
In general, anonymous payments are, without any exception, strictly forbidden on the Website; the intentional non-respect of the present Terms and Conditions of the Website which may represent a fraud. Only registered credit cards issued in the name of a company or on behalf of a natural person are accepted. In case of detection of an attempt of fraud via a non-nominal payment card, the related purchases will be canceled. In case of proven fraud and in the event that a payment could still pass through the various detection filters set up on the Website, PayAdvisor reserves the right to initiate proceedings against the offender and this, without prejudicial recognition on his part. However, if a payment is accidentally made under such conditions and provided that the User proves his/her good faith by identifying himself/herself subsequently and in a proven way, PayAdvisor may "exceptionally" accept the payment and will still allow the User to access the services for which he/she will have used his prepaid or anonymous card.
Article 16. Intellectual Property
The concept of "Intellectual Property" refers to any object and right of intellectual and industrial property, including (but not limited to) copyrights, trademarks, patents, models, databases, source codes and any other material owned by PayAdvisor.
The general structure of the Website as well as all the contents that are disseminated (including images, articles, photographs, illustrations, distinctive signs, logos, brands, videos, interviews, sounds, texts, etc.), including any newsletters, are protected by national and international legislation on intellectual property, including copyright, neighboring rights, trademark law, image rights.
PayAdvisor explicitly reserves the rights of intellectual property and other rights on its name, its logo and its visual identity. It is forbidden for third parties to use these names, logos and visual identity without the prior express written consent of PayAdvisor.
These Terms and Conditions do not involve the transfer of any intellectual property rights to the User who is not allowed to copy, send, distribute, sell, publish, transmit, circulate, arrange or modify the material of the Website other than in the framework of the use and management of the created lists.
All rights of reproduction are reserved for PayAdvisor, including texts, downloadable documents, iconographic and photographic representations. As such, in the absence of express authorization from PayAdvisor, it is strictly forbidden to exploit the contents of the Site and in particular to reproduce, represent, modify or adapt in whole or in part.
PayAdvisor is aware that its name and logo may be abusively misappropriated by third parties as a result of fraudulent activity. In this regard, PayAdvisor draws the attention of the User to be vigilant and therefore recommends not to contact the instigators of these fraudulent activities and not to send money or reveal banking information or related to a credit card or identity to anyone claiming to represent PayAdvisor or maintain a banking relationship with PayAdvisor without having first made sure to verify the issuer of the request. In case of doubt, the User is free to contact PayAdvisor at "pa . admin @ PayAdvisor . eu" [please do remove spaces around the dots].
PayAdvisor cannot in any case be held responsible for the misuse or fraudulent use of its name, logo or address. It is requested to directly inform the competent police services or the judicial authorities of any suspicious activity. These activities can also be reported to PayAdvisor.
Article 17. Personal Data
Concerned about respecting the User's privacy, PayAdvisor undertakes to ensure that the collection and processing of personal information is carried out within the Site in accordance with the Belgian law of 8 December 1992 on the protection of privacy and informs the User that it has made a declaration of collection and processing of personal data to the Privacy Protection Commission under the number 1522073383531.
The information that PayAdvisor collects and processes is in this respect entirely subject to the personal data protection policy
made available on the Website.
PayAdvisor's personal data protection policy forms an integral part of these Conditions, therefore, the User accepts that the use of the Site, for any reason whatsoever, implies full and complete acceptance by the User, whoever he may be, as well as his understanding of the said personal data protection policy, including the priority of the latter over any other conditions that the User of the Site may invoke.
Article 18. Liability
PayAdvisor cannot be held liable in the following cases:
- operational difficulties of the Website or interruption of its services beyond its control
- momentary interruptions of the services or the Website necessary for their evolution, maintenance or update;
- failure or internet network dysfunction in the transmission of data, messages or documents;
- Abuse on the part of a third party without a subordinate relationship with FoxPaid
PayAdvisor makes reasonable efforts to provide accurate information on the Website, which may be modified and updated without notice or notification. PayAdvisor, as well as any other party mentioned on the Website does not accept any responsibility and does not provide any explicit or implicit guarantee concerning the absence of error, virus or defective operation of the Website and / or on the correctness, reasonableness, up-to-date nature and completeness of the Website content and pages.
PayAdvisor can in no way be held liable for any damages or direct, indirect, punitive, extraordinary or consequential losses or for any loss of income, profit, customer, data, or contracts arising out of or relating to the use of the Website, including but not limited to, the reliance placed on the ratings and notices given to companies referenced on the Website, whether those damages and losses are based on negligence, contract, fault, liability or otherwise, even if PayAdvisor has been informed of the possibility of such damage.
These Terms and Conditions and the disclaimer do not affect the binding legal rights that cannot be excluded in accordance with applicable law.
Article 19. Information on the Website
The descriptions of the Services on the Website are for informational purposes only. They cannot engage the responsibility of PayAdvisor, in any capacity whatsoever.
Article 20. Forum and comments
If PayAdvisor allows the User to leave comments on certain pages of the Website, the latter undertakes to comply with generally applicable legislation and in particular not to publish denigrating, defamatory, abusive, hateful, belligerent, racist, xenophobic comments or inciting discrimination, hatred or violence words against a person, physical or moral, of a group, community or their members, due to an alleged race, color, ancestry or national and ethnic origin of these or some of them.
The User is prohibited from posting any images, illustrations, hypertext links, photos, etc., violating any Belgian or international legal provision.
PayAdvisor could not in no way be held liable for any information or material posted by any User on the Website.
Article 21. Hypertext links
Hypertext links to other websites do not engage the responsibility of PayAdvisor, which has no control over the content of these websites.
If PayAdvisor is not opposed to the creation of hypertext links to its Website, an authorization must however be requested and obtained previously in writing. PayAdvisor nevertheless reserves the right to require the deletion of a link to one of the pages of the website if it considers that the maintenance of the link does not correspond to its missions, values or would be likely to harm it.
The Website may also contain links to third-party services or websites so that, in this context, the User binds a direct relationship with the third party provider in question, without PayAdvisor being able to be involved in any capacity whatsoever in this relationship.
Article 22. Cookies
The User may at any time modify the configuration of his cookies (for example, request to be notified when cookie requests are sent to your computer, or refuse these cookies) by modifying the settings of his Internet browser (Internet Explorer, Firefox, Chrome, Safari or Opera). However, it should be noted that in this case it will be possible that the User may no longer be able to register on the Site or use certain features for which prior identification or encoding is required.
The Website uses the following types of cookies:
- Cookies for technical purposes
These are cookies that are essential to the operation of the Site. Without these cookies, the Site would not function properly. These cookies cannot therefore be deactivated.
- Functional cookies
These are cookies that are used to improve the functionality of the Site and the personal use of the Site. This may include, for example, cookies that remember the content accessed or the email address and password entered during a previous login and/or visit. The use of functional cookies allows the Holder to offer content adapted to the User's interests, which saves time and avoids the need to systematically identify you or fill in your information each time you use the Site again.
- Analytical cookies
These are cookies that allow you to know the use and performance of the various sections of the Site in order to improve their operation.
- Advertising cookies
These are cookies that allow you to choose in real time the advertising displayed on third party sites, based on the content and services previously consulted or to offer products and content that may be of interest to the User.
- Network cookies
Finally, the offers published on the Site may be accompanied by a third-party computer application allowing the User to share content on social networks, such as the buttons under the heading "Share this page".
PayAdvisor has no control over the process used by the social networks concerned (Facebook, Twitter, Google+ and Pinterest, etc.) to collect this information and invites the User to consult the relevant privacy policies.
Article 23. Miscellaneous provisions
The User accepts that PayAdvisor sends him/her notifications, by email, by post or by any other means of useful communication.
If one or more clauses of the Conditions were to be declared null or inapplicable, the nullity or the inapplicability cannot affect the validity or the applicability of the other clauses.
The fact that PayAdvisor omits, at any time, to require the strict application of the Terms, cannot be considered as a waiver of the rights available to it and will not prevent PayAdvisor from requiring strict compliance.
The fact that the Holder has not required or failed to enforce any of the provisions of the Terms does not mean that he has waived his/her rights under the Terms and does not affect the validity in any way or in part of these Terms nor does it compromise the exercise of PayAdvisor's right to take appropriate actions.
Article 24. Applicable law and forum selection clause
Unless an exemption is expressly written, the Terms are exclusively governed by Belgian law.
The User endeavors to resolve amicably any dispute that may conflict with PayAdvisor occurring during the execution of the Terms. In the event of a dispute between the parties regarding the validity, interpretation or execution of this agreement, which cannot be resolved amicably, the parties undertake to attempt to resolve their dispute by mediation, in accordance with the bMediation Mediation Regulation (www.bmediation.eu, 523 avenue Louise, 1050 Brussels). The mediation will begin no later than 30 days after the mediation request notified by one party to the other party [s] and the mediation period may not exceed 30 days, unless the parties expressly agree. The mediation will take place, except contrary legal provisions, in the district of the head office of PayAdvisor, being Brussels.
In the absence of an amicable solution, the French speaking courts and tribunals of the judicial district of Brussels shall be solely competent. The language of the proceedings will be French.