Terms of Use Vinçotte Connect

Article 1. Subject

In the context of this agreement (hereinafter referred to as the "Agreement"), Vinçotte International SA, with its registered office at 1800 Vilvoorde, Jan Olieslagerslaan 35 and registered in the Crossroads Bank for Enterprises under number 0416.988.944 (hereinafter referred to as "Vinçotte"), is making available to the client an electronic access via an online client portal "Vinçotte Connect" through which it is possible to consult the reports drawn up by Vinçotte experts in performance of the service agreements between the client and Vinçotte for inspection, audit and control assignments. Vinçotte Connect also allows you to monitor your administration, such as invoices and bookings.

The Agreement sets out the rights and obligations of the parties, as well as the technical conditions under which the client has access to Vinçotte Connect. Vinçotte Connect is made available to the Client by Vinçotte to promote efficient administration and communication in the provision of the agreed services.

Article 2. Vinçotte Connect modalities

2.1 The three connection parameters provided to the client - being the client code, a user email and a password - are necessary to access the client environment on Vinçotte Connect and the information and documents made available therein.

2.2 The client agrees to receive the reports in electronic format (pdf, etc.) and that these electronic reports have the value of an original document.

2.3 The client authorises Vinçotte to collect all the client's reports drawn up by the Vinçotte entities in the client's name and for the client's account, and accepts that all Vinçotte entities may send them to each other for the use of Vinçotte Connect.

2.4 Vinçotte places the reports on the secure Vinçotte Connect, to which only the Client or the person authorised by the Client may have access. Vinçotte shall make every reasonable and professional effort to ensure the security and confidentiality of the data accessible to the Client.

2.5 The user names and associated passwords for logging in are provided by Vinçotte at the request of the client and under the client's exclusive responsibility. They are unique and must be kept strictly confidential by the client.

2.6 The Customer's contact person acts as the so-called "Customer Admin". The Customer Admin remains solely responsible for creating additional permissions and access rights (as well as their revocation) for the purpose of consulting and using his data. The Customer Admin can be modified if required via the user management on Vinçotte Connect.

2.7 Only the Customer Admin of the Customer can create their own 'user email - password' combination.

2.8 After 10 failed attempts to enter the correct password, the user in question will be blocked. To regain access, the user can renew his password via the available page.

2.9 The Vinçotte Connect application is designed for use in combination with modern internet browsers. Vinçotte cannot be held liable for limited access or no access when the user does not use a modern or sufficiently updated internet browser.

2.10 The electronic report, including its contents and decision, is the official and legally valid document to which the client must refer. The coloured boxes in the 'label' column have purely informative value.

2.11 The coloured boxes in the 'label' column are automatically generated by our data structured reports. Today (at the time of the date of this version) this is for Periodic Lifting, for the other statutory safety inspections digital reporting will be implemented in a subsequent phase.

Article 3. Vinçotte's obligations and liability

Vinçotte shall make every reasonable effort to provide the maximum possible availability of Vinçotte Connect.
Vinçotte may only be held liable for direct damage caused directly by an error made by Vinçotte in the context of this Agreement. Vinçotte cannot be held liable for indirect damage, including but not limited to production damage, loss of turnover, reputational damage, damage and penalty clauses and other sanctions imposed by a third party.

Vinçotte cannot be held liable for damage resulting from interruptions in the services or other breakdowns over which Vinçotte has no control or in general force majeure.

Article 4. Customer obligations

4.1 Technical obligations

The Customer undertakes to keep all information supplied by Vinçotte concerning the operation and design of Vinçotte Connect and electronic means of identification (passwords, etc.) strictly confidential. The Client must also take the necessary measures to configure his internet browser and firewall to accept pop-ups and cookies originating from Vinçotte Connect, in order to ensure the proper functioning of the application.

4.2 Obligations relating to use

The customer undertakes to comply strictly with these conditions of use and to ensure that any person authorised by him/her does the same.

The Customer is solely responsible for the content of the texts and comments he enters in the fields made available to him in the application.

The Client must inform Vinçotte of any change or withdrawal in relation to the access rights granted to him.

Vinçotte cannot be held liable regarding the management of the withdrawal and the consequences of the use of Vinçotte Connect by someone whose access rights have been withdrawn.

Article 5. Suspension and termination of the Contract

This Agreement shall be suspended under the same circumstances and under the same conditions as what is stipulated in the Service Agreement between Vinçotte and the Client, in addition to the possibility of suspension as agreed below.

The Agreement expires by operation of law at the end of the last current Service Agreement, unless terminated earlier as agreed below.

If it appears that the Client fails to comply with its obligations, as described herein, Vinçotte shall inform the Client in writing via e-mail. In the absence of a constructive and prompt response, Vinçotte has the right to immediately deny access to Vinçotte Connect if this is necessary for the security of Vinçotte Connect. Vinçotte also reserves the right to terminate this Agreement with immediate effect on the grounds of a contractual default if the Customer has not rectified its default (failure to comply with its obligations) within a reasonable period after notice of default.

In the event of non-payment of one outstanding invoice of a Vinçotte entity, Vinçotte may decide to suspend full access to Vinçotte Connect without prior notice of default 30 days after at least two reminders, without owing any compensation or the like to the customer.

This Agreement may be terminated by either party by registered letter without giving reasons, subject to 3 months' notice.

Article 6. Intellectual property rights

The intellectual property rights and copyright associated with Vinçotte Connect belong exclusively to Vinçotte, unless expressly agreed otherwise in writing. Copies, adaptations, translations, disclosures, or other forms of use as well as full or partial modifications of Vinçotte Connect, under any form whatsoever (including commercialisation) and by any means whatsoever, are strictly prohibited without Vinçotte's prior written consent.

The names, logos and other signs of Vinçotte used on Vinçotte Connect are legally protected. Any use made of them is strictly prohibited without the prior written authorisation of Vinçotte. Any infringement of these rights may lead to civil and/or criminal proceedings.

The Customer expressly accepts that Vinçotte is entitled to use the Customer's name and/or logo for the exclusive purposes of Vinçotte Connect.

Article 7. Privacy

Vinçotte will process the personal data entered by the Customer in Vinçotte Connect as part of the performance of this Agreement. This processing is necessary for the performance of the Agreement and to provide the Services via Vinçotte Connect. The duration of the processing of the personal data via Vinçotte Connect runs concurrently with the longest legal period. In principle, the personal data are only processed internally by the persons who need access to them. For more information, the client can visit the privacy policy, which can be consulted on vincotte.be via this link. In the event of questions, the customer may contact gdpr@vincotte.be by e-mail.

Article 8. General terms and conditions of sale

Vinçotte's general terms and conditions of sale shall apply in additional order to the specific provisions of the Contract.

Article 9. Contact

In the event of breakdowns, questions or comments, the customer can contact Vinçotte's customer service using this form.