Customer terms
Last update: 21 November 2023
These Customer Terms are part of the agreement between your organisation (“the Customer”, “you”, “your”) and us (TrustedFamily.com). Please read those terms carefully before you start using our Services.
The current version of the Terms can be viewed on our website, by clicking on Customer Terms.
1. Information about us and how to contact us
TrustedFamily.com is the trade name and the trademark of the Belgian company Younited S.A., which has its registered office at Rue du Commerce 31, 1000 Brussels (Belgium). The company is registered with the Belgian Register of Legal Entities under number 0890.971.229.
You can contact us by writing to us at [email protected].
2. Your role as the Customer
You have concluded an agreement with us, that provides more the details about your rights and obligations to use the TrustedFamily.com software (the “Software”), including the Software’s technical specifications and its price. The present Customer Terms are part of our global agreement with you.
As the Customer, you decide which individuals will have access to the Software and will be able to use our Services, in whole or in part. The individuals using our Software and our Services are called the Users. They will conclude a separate agreement with us, the “User Terms”, which sets out the particular rights and obligations of the Users. The User Terms are also part of our agreement with you and can be found here.
You should make sure that the Users are all times aware of the User Terms and that they are complying with them.
You agree to manage and use our Software and Services in accordance with these Customer Terms and with all applicable laws and regulations. You ensure that the Users and any other person authorized by you to access and use our Software and Services will respect the principles of these Customer Terms, will accept the User Terms if applicable and will comply with all applicable laws and regulations.
3. The use of our Software and Services
We shall set up and provide you as our Customer with access to our Software and Services, the specifications of which are described in our main agreement with you. You will receive a secured and restricted access to our platform where you can manage and use our Software and Services and appoint the Users.
We grant you and the Users a nonexclusive and worldwide right use our Software and Services during the term of our agreement with you.
You agree that we have no obligation to develop customized modules for you or for the Users or to adapt the Software to specific needs of you or the Users, unless otherwise agreed in writing.
We undertake to perform the Services diligently, on a timely basis, by qualified personnel using the best industry standards and practices.
4. The fees
In consideration for the use of our Software and Services, you shall pay to us the fees set forth in our agreement.
We will invoice our fees within twenty (20) business days following the start of your access to our Software and Services and fourteen (14) days before renewal thereof.
You will pay each invoice submitted by us within thirty (30) days following its receipt, by transfer to the bank account nominated in the invoice.
The Fees will be adjusted annually to the Belgian Consumer Price Index, and if you do not agree with the adjustment as proposed in our invoice for the renewal, you may terminate the agreement until the renewal date.
Important changes to our Software may lead to a price increase, which we will inform you about at least six (6) weeks before the changes are implemented. If you do not agree with the proposed changes, you may terminate the agreement before the implementation, or you may keep using the then current version of the Software at its regular price until that version is no longer supported.
Additional Services may be charged and invoiced separately, in accordance with each offer of Services that we may propose to you.
All amounts payable, which have not been received by the due date, will immediately and without prior notice produce interest at the rate of 10% per year and will allow us to claim compensation of our collection costs, with a minimum of 250 EUR. We may suspend the use of our Software and Services until the full payment is received, including interests and costs.
5. Intellectual property
We shall at all times own all intellectual property rights and interests in respect of the Software and the Services, including the logos, trademarks or trade names, pictures, designs, texts, video or audio files, databases, computer programs, directories or files of whatever nature, necessary for the use of the Software and the Services (hereinafter “the Protected Materials”). We shall have the sole right to prosecute and maintain any registrations of any intellectual property rights in the Protected Materials and to defend any claim of infringement related thereto.
We grant a license to you and to the Users to use the Protected Materials to the extent strictly necessary to use the Software and the Services in accordance with our agreements. You shall not permit any third party, other than the Users, to use the licensed Protected Materials, nor shall you use the Protected Materials for or on behalf of any third party, unless otherwise agreed in writing.
The license to use the Protected Materials shall be valid for the duration of our agreement with you and shall terminate upon the expiration or termination of our agreement with you.
You agree to immediately notify us and take measures to minimize any prejudice if you become aware of any unauthorized use of all or part of the Protected Materials by any person.
6. Data protection
We will use any personal data you provide to us to perform the agreement that we have concluded. Further details of how we will process personal data are set out in our Privacy Policy.
When processing personal data under these Terms, we will either act as the processor who is processing personal data on behalf of you in accordance with the data processing agreement that we have to conclude with you, or we will act as a controller.
TrustedFamily.com acting as a controller
We may process personal data as the controller in the EU in order to administer, track and fulfil orders for a Service; implement the Services; manage and protect the security and resilience of our systems, network and our Services; manage, track and resolve incidents with our Services; administer access to online portals relating to the Services; manage these Customer Terms (including, without limitation, invoicing the fees) and resolve any disputes relating to these Customer Terms; respond to general queries relating to our Services or Software; run customer and marketing communications and events; and comply with applicable law.
Where you as the customer and we as the supplier each act as a controller in relation to the processing of personal data under in connection with these Customer Terms, the parties will not act as joint controllers in relation to such processing.
TrustedFamily.com acting as a Processor
If we process personal data in connection with the provision of the Services and the use of the Software, we will do so as a processor on behalf of you as the controller, and such processing will be governed by the terms set out in our data processing agreement.
7. Confidentiality
The parties acknowledge that they will have to disclose confidential information to each other during the performance of their agreement.
Each party undertakes that it shall not at any time, during and after termination of this agreement, disclose, whether orally or in writing, information that is designated as confidential or proprietary, or that reasonably should be understood to be confidential or proprietary given the nature of the information and the circumstances of disclosures, including but not limited to business and marketing plans, technology and technical information, product plans and designs, business processes, customers, clients or suppliers of the other party, know-how, designs, trade secrets (“Confidential Information”), except as permitted in the clause below.
Confidential Information does not include any information which is (i) rightfully known to the receiving party prior to its disclosure; (ii) is independently developed by the receiving Party without use of or reliance on confidential information.
Each party may disclose the other party's Confidential Information to its employees, contractors or subcontractors, who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under this agreement. Each party shall ensure that its employees, contractors or subcontractors, to whom it discloses the other party's Confidential Information comply with this section.
Each party may also disclose the other party's Confidential Information to, as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
No Party shall use any other Party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
8. Ownership of the data
You will own all the data that you and the Users will generate or store with the help of our Software or Services. You allow us to process those data to the extent required for the performance of our agreement with you and the Users, which includes updating our Software and Services, solving security issues or improving the security of our Software and Services.
In no event shall any provision of these Customer Terms create an obligation for us in relation to the content or the use of the data. You are solely and entirely liable, in every possible respect, notably towards all competent authorities and third parties, and shall support all consequences vis-à-vis these authorities, for the content of your data.
To protect your data, including data of the Users, we maintain administrative, physical and technical safeguards that are standard in the industry. We will at all times prevent any unauthorised access or use of your data and User data by third parties. Before sharing data with third-parties, we will make sure that such third parties apply the same safeguards and that they will treat the data in strict confidence and only use them for the performance their agreement with us.
9. Warranties and liabilities
The Software and the Services are provided to you on an ‘as is’ basis, without any warranties of any kind, and you agree that the Software and the Services may not at all times be uninterrupted, timely, secure and error free.
In no event will our aggregate liability arising out of a breach of our agreement by us or of breach of the rights of third-parties or of any applicable law or regulation, exceed the total amount of fees that you have paid to us in the year preceding the event that gives rise to our liability, or, if that limitation would not be valid, to the amount for which we have obtained an insurance policy as set out in the section 11 of these Terms. We encourage you to conclude an insurance policy if you believe that our limitation of liability is exposing you to severe risks in case of an incident.
In no event will we be liable for any lost profits or for indirect or incidental damages caused in contractual or extra-contractual faults, including for loss of data, which you should avoid by make back-up copies of all your and the User’s data.
You shall indemnify us and hold us harmless for and against any claim and costs (including reasonable attorneys’ fees) which we may suffer or incur, and which arise, directly or indirectly, from the use of our Software and Services by you or the Users, in breach of our agreement with you or the Users or of any applicable law or regulation.
10. Term and termination
These Terms enter into effect as soon as you obtain access to our Software and Services, in accordance with our agreement with you. If our agreement with you is terminated, for whatever reason, all agreements between us and the Users are also automatically terminated.
Our agreement with you is concluded for a term of one year which will be renewed tacitly, unless either party terminates the agreement in writing at least until four (4) weeks before the termination date.
We are entitled to terminate the agreement with you in case you are in breach of an any of your obligations under our agreement and such breach has not been cured within fifteen (15) days after we have notified you in writing of such breach (provided that there shall be no obligation to notify if such breach is incapable of being cured).
We are also entitled to terminate our agreement with immediate effect in case of:
- the use of our Software or Services for illegal and/or criminal activities by you or the Users;
- the insolvency or bankruptcy of your undertaking or the initiation of any proceedings of insolvency, bankruptcy, court-supervised debt rescheduling or moratorium or analogous proceedings;
- force majeure, which lasts for more than thirty (30) business days.
Upon termination of our agreement for any reason whatsoever, any amounts accrued, due and payable between the Parties shall be paid forthwith.
In the event of termination of our agreement, you may request an electronic support with a copy of your data within sixty (60) days after the date of termination. Upon receipt of such request, we will provide you with an electronic support containing your data within a delay of four (4) weeks. A fee of EUR 500 will be charged to you to cover the cost of exporting and sending the data.
11. Insurance
We shall during the term of our agreement maintain for all our customers a general commercial liability and property damage insurance with a combined bodily injury and property damage limit of EUR 2,500,000 per incident, including for bodily injury, death, property damage, network security and privacy liability. We can deliver certificates of insurance upon request.
12. Final provisions
We may change the Customer Terms in the future at any time at our sole discretion, but we will inform you about any upcoming change at least 14 days before it is coming into effect. Your continued use of our Software and Services after we have posted the amended Terms indicates that you agree to the amended Terms.
Any provision of these Terms held to be invalid or unenforceable by a court or arbitration panel of competent jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms. The Parties shall negotiate in good faith to substitute any such invalid or unenforceable provision with a valid and enforceable provision that is consistent with the intent of the Parties.
Governing Law and Settlement of Disputes. This Agreement shall be governed by and construed in accordance with the laws of Belgium. Any dispute, controversy or claim arising out of or in connection with this Agreement, including without limitation the existence, validity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium)