This translation is provided for information only. In case of discrepancy, the French version prevails.
PREAMBLE
The Client has wished to subscribe, either directly or through a Reseller, to the rights to use a Program developed by Airplan SRL (hereinafter "Airplan") for the term of the contract.
The Client's use of the Programs and associated Services necessarily entails acceptance of these terms and conditions. Airplan reserves the right to amend the following provisions, as well as the applicable pricing, unilaterally. The Client accepts the terms of these General Terms and Conditions.
DEFINITIONS
Program
The term "Program" refers to the Programs, in object code form, published by Airplan and their associated Documentation, for which a licence to use is granted to the Client for the term of the Contract.
Airplan
The term "Airplan" refers to Airplan SRL, which publishes the Program and which, where applicable, provides installation, training and support services for the Program to the Client (where the Client has subscribed to these services directly from Airplan), or where the Reseller has delegated their performance to it. In any event, the Publisher and the Reseller are independent legal entities, and the Contract shall not create any joint and several liability between them as regards the performance of the services arising from it.
Client
The term "Client" means any natural or legal person operating the Programs.
Reseller
The term "Reseller" refers to approved persons offering the sale of Airplan products together with installation, training and support services. In this document, the term also covers Airplan itself in the context of its direct sales.
Approved Configuration
The term "Approved Configuration" refers to all hardware, operating systems, middleware, databases, the minimum internet configuration and other software with which Airplan certifies that the Program works, as listed on the publisher's website, and which the Client acknowledges having read.
Contract or General Terms and Conditions
The term "Contract" refers to these general terms and conditions.
Documentation
The term "Documentation" refers to the description of the Program's features. It is provided by Airplan in paper and/or electronic form, in French or Dutch.
Anomaly
The term "Anomaly" refers to a malfunction of the Program, reproducible by Airplan, that prevents it from being used in accordance with the Documentation.
File
The term "File" refers to a planning permit application project, or a related document, that the Client creates and manages in the Program, on its own behalf or on behalf of a third party.
Subscription
The term "Subscription" refers to the right to use Airplan's Services and Programs, granted for a fixed period subject to compliance with these General Terms and Conditions.
Service
The term "Service" means any use or feature that can be carried out with Airplan's Programs.
Nature of the Services and Limitation of Liability
Airplan, a solution developed by Airplan SRL, provides an automation tool to make it easier to create and manage the administrative files for planning permits. It is intended to assist users by streamlining the administrative process required by the competent authorities in the Brussels-Capital Region. Airplan does not provide architectural design services, construction advice or any guarantee that a planning permit will be obtained.
Limitation of liability
Not an architect's service: The user acknowledges that Airplan and Airplan SRL do not act as an architect or works supervisor. The tools and services provided are intended for administrative assistance and in no way replace the professional advice of an architect or engineer.
Liability for the granting of permits: Airplan accepts no liability for the granting or refusal of planning permits by the competent authorities. Responsibility for obtaining a permit lies entirely with the user or their legal representative.
Designer role: Airplan is not the designer of the projects submitted through its service. All liability relating to the design of the project, including but not limited to regulatory compliance, safety, feasibility and environmental impact, rests entirely with the user or their appointed architect.
Technical or other consequences: Airplan SRL is not liable for any consequences, technical or otherwise, arising directly or indirectly from the use of the program and associated services. The user undertakes to indemnify Airplan SRL and hold it harmless from any liability in the event of a claim relating to such consequences.
These provisions are intended to clarify the services offered by Airplan and to define responsibilities, in order to prevent any misunderstanding or unrealistic expectations. By using Airplan, the user accepts these terms and acknowledges the limitations of Airplan SRL's liability.
1. Purpose
These General Terms and Conditions set out the conditions under which Airplan grants the Client the right to use the Program and the Documentation for the term of the Contract, on a personal, non-exclusive and non-transferable basis, within the limits of the rights acquired and in accordance with their intended purpose, as described in these General Terms and Conditions and in the Documentation.
2. Financial terms
Periodic fee
In return for the Program supplied by Airplan or any other Services, the Client undertakes to pay, by direct debit or bank transfer, the amount of the monthly fee shown on Airplan's invoice, which will vary according to the use of the Program as set out in the prices in force. Any month begun is payable in full.
Non-payment or late payment
If the Client has not paid the monthly fee within the required time, or if the direct debit is refused by the bank concerned for whatever reason, Airplan reserves the right to suspend use of the Programs immediately until the full price has been received. In addition, any late payment will automatically, and without prior formal notice, give rise to a fixed indemnity of 10% of the unpaid amount, with a minimum of 100 euros, and will bear contractual interest at the rate of 10% per year.
Once the Client's access to the Program has been deactivated, the Client may reactivate it by paying the current activation fee.
Price revision
Airplan reserves the right to revise the amount of these fees annually. The price increase will nevertheless be limited to a maximum annual increase of 5.5%, unless realignment with the consumer price index is greater, in which case the price increase will be limited to the realignment with the consumer price index. The starting consumer price index applicable under this contract is that of June 2018, with 2013 as the base year, namely 107.58.
The same applies to programming, consultancy and other IT services, it being understood that the price change applied will be the one observed over the whole period since the last price revision applied by the Reseller or Airplan.
Where the annual increase exceeds the maximum increase provided for, the Client will be entitled to terminate the contract without notice or compensation, provided that the notice of termination is received by Airplan within fifteen (15) days of the Client receiving the invoice.
If the Services offered are changed, the fees may also be revised.
Unless the Client instructs otherwise by registered letter with acknowledgement of receipt, the new conditions will apply automatically. The Client's duly notified disagreement will therefore result in termination of the Subscription, with all the consequences described in these General Terms and Conditions.
3. Reinstatement clause
If the Client decides to stop subscribing to a File, that File will automatically be removed from invoicing in the month following the request. If the Client decides to reactivate the File within 15 (fifteen) months, the Client will bear the cost of use during those fifteen months and will therefore be invoiced as if it had used that option of the Program. In addition, the Client will bear the activation fee in force on the date of reactivation.
4. Conditions of use
a) Right of use
The Client has a personal right to use the Program, exclusively in object code or executable form, granted solely for its own internal operating needs and within the limits of the rights acquired, for the term of the Contract, in return for the fee provided for in the "Financial terms" article for its own Program, on a single computer system from a single geographical site and for a number of users resulting from this Contract.
If the Program is used at a geographical site other than the one stated on the order form, the Client undertakes to inform Airplan or the Reseller concerned.
b) Intellectual property
The Client acknowledges that the Program and its Documentation are works protected by intellectual property law, the rights to which are held by the Publisher. The Client owns the physical medium of the Program; however, Airplan retains full ownership of the Program and its Documentation, including any copies the Client is authorised to make. The licence granted under the Contract shall not be interpreted as transferring to the Client all or part of these intellectual property rights.
c) Prohibitions
The Client shall not:
- Decompile, disassemble or reverse engineer the Program, or adapt, modify, transform or arrange the Program, except where permitted by law
- Use the Program to carry out processing on behalf of third parties, for commercial purposes or otherwise, without Airplan's prior written consent
- Assign, sub-license or transfer the rights of use to a third party, in any form whatsoever
- Use the data retrieved by the Program from regional public sources for purposes other than those provided for by these General Terms and Conditions or the Program. In particular, the Client shall not use, extract or reuse the data collected by the Program to build, enrich or feed another software application, a database, a competing product or service, or for any other commercial or non-commercial use not expressly authorised
d) Client data
The Client is solely responsible for the data it processes when using the Program. Airplan cannot be held liable for the information transmitted, disseminated or collected, for its use and updating, or for any files, in particular with regard to copyright, intellectual property and the GDPR. Consequently, the Client alone is liable to Airplan and to third parties for any use that breaches the laws and regulations in force.
The Client retains ownership of the data (projects, generated documents and information entered) that it puts into the Program. Airplan undertakes not to use, disclose or exploit this data for commercial purposes or on behalf of third parties, except where required by law or with the Client's explicit consent.
Airplan nevertheless reserves the right to use anonymised and aggregated data to improve the Program, for internal statistical analysis or to develop new features.
If the contract is terminated, the Client may, within 30 days, request the return of its data in a standard format (e.g. PDF or .docx).
5. Term
The Contract, entered into for an initial term of one year, is tacitly renewed for successive one-year periods, unless terminated by either party giving three (3) months' notice before the annual renewal date.
The Client may terminate the contract at any time. Termination takes effect at the end of the current contractual period.
6. Support
Airplan provides the Client with a support service by e-mail (bonjour@airplan.be), available Monday to Friday, from 9:00 to 17:00.
7. Warranty
Airplan does not guarantee that the Program is entirely free of anomalies. If an anomaly is confirmed, Airplan undertakes to correct it within a reasonable time.
Airplan cannot be held liable for malfunctions caused by hardware, an operating system or a network that does not comply with the Approved Configuration.
8. Liability
Airplan's liability under the Contract is limited to direct and foreseeable damage. Under no circumstances will Airplan be held liable for indirect damage, such as loss of profits, data or business. Airplan's total liability is limited to the amount of the fees received over the last twelve (12) months.
9. Termination
If either party fails to fulfil any of its obligations hereunder and does not remedy the failure within thirty (30) days of being notified of it by registered letter with acknowledgement of receipt, the other party may automatically terminate this agreement by sending a registered letter with acknowledgement of receipt.
By way of exception, in the event of non-payment by the Client, Airplan may suspend access to the Program without notice.
10. Governing law and disputes
These General Terms and Conditions are governed by Belgian law. In the event of a dispute concerning the interpretation or performance hereof, the parties will endeavour to find an amicable solution. Failing this, the dispute will be submitted to the exclusive jurisdiction of the courts of Liège.
11. Force majeure
Neither party will be held liable for a failure to fulfil any of its obligations if that failure is caused by an event of force majeure, as defined by Belgian case law. The affected party must notify the other party as soon as possible. If the force majeure event lasts for more than three (3) months, either party may terminate the Contract without compensation.
12. General provisions
If any provision of the Contract is held to be void or without effect, the other provisions will retain their full force and scope.
The fact that either party does not at any given time rely on any clause of the Contract cannot be construed as a waiver of that clause.
For any question about our terms of use, you can send an e-mail to bonjour@airplan.be or write to Airplan, Rue des Houblonnières, 53 4020 Liège.