Smartcheckups.com is managed by Smartcheckups CommV, Lendakkerlaan 46, 8930 Lauwe, hereinafter referred to as "Smartcheckups".
These Terms of Service regulate your access of content and services on the Content Management System of the Site and the tablet application Smartcheckups, meaning all information, text, images or other materials created by and through Smartcheckups and/or provided and appearing on the Site and App. ("Content").
Files as defined below and all services and/or software provided through the Site and App or by Smartcheckups ("Services").
No other conditions than our General Terms and Conditions apply. The general terms and conditions can be changed at any time by Smartcheckups CommV without prior notice. The latest version of our general terms and conditions is always available on our website (www.smartcheckups.com).
All our invoices are payable within 7 days from the invoice date, in cash unless otherwise stated on the invoice, and in the currency in which they are drawn up.
In case of dispute, only the court of the district of Kortrijk/Belgium is competent.
The absence of any written protest against an invoice, either by registered mail to Smartcheckups CommV. Lendakkerlaan 46, B-8930 Lauwe or by e-mail to info@smartcheckups.com must occur within 5 working days after sending the invoice date, otherwise this shall be considered as irrevocable acceptance of the invoices and the amounts, products and services mentioned thereon. Invoices are payable within 7 days of the invoice date.
If the invoice has not been paid on the due date, a contractual interest will be owed by operation of law and without any notice of default, and the balance owed will be increased by a minimum of 250 euros and by an interest of 15% per year from the due date until full payment, this without prior notice of default.
In the event of whole or partial non-payment of the debt on the due date without serious reason, and after unsuccessful notice of default, the balance due shall be increased by 15%, with a minimum of 250 euro, regardless of the amount of the invoice, even if periods of grace have been granted.
With regard to the increase of the balance due with an interest rate of 15% per year and an increase clause of 15% of the balance, reciprocity applies to the user in case of non-compliance with his commitments and if this is recognised by an irrevocable court decision.
All costs resulting from the enforcement of payment by legal means, including reminder costs, costs for registered mail, lawyer's costs, bailiff's costs, court costs, RPV are for the account of the customer. Smartcheckups does not accept any liability whatsoever for the input of information concerning place descriptions in bad faith.
The Customer agrees that Smartcheckups can and may use all the information communicated in order to communicate with its partners with whom Smartcheckups cooperates. The Customer also agrees that the tenants, owners of the property description can be contacted by Smartcheckups itself or by third parties with whom Smartcheckups cooperates regarding meter readings for water, gas, elec. the taking out of a fire insurance, a rental guarantee. The Customer declares that Smartcheckups may pass on all this information to third parties with whom Smartcheckups cooperates. All completed and communicated information regarding parties, premises, photos etc. remain the property of Smartcheckups. Smartcheckups cannot be held liable for any damage, such as, but not limited to, commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover and loss of customers. All information in and of place descriptions always remain the intellectual and copyrighted property of Smartcheckups. The customer has taken note of all our general terms and conditions and declares to have read them completely, understood them and agreed with them. By registering at Smartcheckups, the client declares to agree with all our general terms and conditions.
A trial period consists of 14 days during which you can perform a free site survey after creating your account. At the end of your trial period or place description, or if you wish to continue using our Smartcheckups application, you can choose from the price plan new, office or expert, and you must first agree to our general terms and conditions before you can continue using the Smartcheckups application. If you do not accept our general terms and conditions in their entirety, or if you do not agree with them, you should refrain from ticking the "I agree" button.
Before you can use our Smartcheckups application or create an inspection report under your chosen tariff plan, you must first agree to our terms and conditions.
You understand that by ticking the "I agree" button, you are clearly and explicitly declaring your agreement to our general terms and conditions, and that you have read, understood and agreed to our general terms and conditions.
As creator of your account data, you also guarantee and declare that the data entered, i.e. company, address, VAT number, email address and telephone number are correct and that you, as the creator of these data, have the authority to bind that company to the account you have created.
Should you have any questions about this or have not understood something, you can always contact us at info@smartcheckups.com.
An account expires automatically when it is not used for one year without any action being taken. Your reports or place descriptions can always be consulted free of charge, unless your account was explicitly disabled by Smartcheckups.
Therefore, place descriptions can always be consulted free of charge as long as an account is active and as long as no copy or edit operations are undertaken in the consulted report or place description.
In case of copying, editing text and/or photos, etc. from a previous or older place description, our application will automatically detect this and register it as last updated.
If your account has not been used for more than 1 year, a copy or edit to a previous report will reactivate your account again according to the initially chosen tariff plan.
A message in your account will warn you that your account is being reactivated. By ticking the "I agree" button again, you agree to our terms and conditions, so you can once again use the site, app, content, files and/or services on your account.
Copying, editing a previously created report is detected by the application and is always considered as a consumed report credit as a result of which the Customer ceases to have rights to that report credit.
The Smartcheckups application normally sends automatic invoices to the subscribed Customer, according to the tariff plan chosen by the Customer. Random samples can be taken manually to check the automatic billing system. If no automatic invoice is sent to the subscribed customer, due to a possible incorrectly entered or modified e-mail address, Smartcheckups still reserves the right to manually send the invoice that is still due. This period of control is set at 10 years of the invoice date after the report or site description made by you has been created. You hereby explicitly agree that Smartcheckups can return between her B2B and B2C customers up to 10 years in order to claim and collect the outstanding invoice, counting from the creation of your reports or place descriptions.
This applies to active, inactive and deactivated Smartcheckups accounts. As a subscribed customer, you can always change your tariff plan in your account.
At the moment, Smartcheckups offers its Customers the following Subscription types for their accounts:
| NEW | = | tariff plan 25€/report (for unlimited number of reports/month, always at 25€/report, direct payment per report) |
| OFFICE | = | 79€/month rate plan (for up to 5 reports/month, monthly payment) |
| EXPERT | = | 199€/month rate plan (for an unlimited number of reports/month, monthly payment) |
| Prices | = | excl. VAT |
App: the mobile tablet application of Smartcheckups
Content: all information, text, images, or other materials created and/or provided by Smartcheckups and appearing on the Site and App
Customer: means you; your company
Report: means a location description
Subscription: means the method of purchasing Report Credits as set out in "Subscription Plan"
Subscription Amount: means the amount (excluding VAT) that the Customer has agreed to pay as set out on the Smartcheckups website
Subscription Customer: a Customer who has agreed to purchase Credits on a Subscription basis
Report Credits: the credits that enable the Customer to copy, edit or possibly fully utilise the functionalities of Smartcheckups place descriptions and complete reports as completed
Services: all services and/or software provided via the Site and App or by Smartcheckups
Site: the content management system of Smartcheckups
Smartcheckups: the App application and Site owned by Smartcheckups and licensed to the Customer to be used in connection with property inspections or place descriptions
Subscription Plans: our rates for the plans are listed on our Website and are subject to change. Payments are due for a minimum of one month and a maximum of one full year, depending on the agreed "Term". Payments are due on the date the Subscription Customer has signed up with us and made the first payment (the "Payment Date").
During the Term, the Subscription Customer agrees to pay the Subscription Amount at the intervals agreed and selected on Smartcheckups' website, within seven days of an invoice being presented by Smartcheckups. In return for payment of the Subscription by the Subscription Customer in accordance with these terms and conditions, Smartcheckups shall provide the Subscription Customer with the report limit and user limit corresponding to the relevant level of the Subscription Plan as agreed and selected by the Subscription Customer on the Smartcheckups website.
For each upgrade or downgrade in the Subscription Plan level, you will automatically be charged the new rate with your next billing cycle. Upgrades may be charged immediately at a pro-rated rate for the current billing cycle.
Trial Period: A trial period consists of 14 days during which you can perform a free place description after account creation.
Customers with an expired trial period can still access and use the services, but with limited functionality. If they want to reactivate the full features of the plan, the customer will be asked to agree to the terms and conditions and confirm their subscription plan, by explicitly agreeing to the terms and conditions and activating it on the plan page in their settings menu, the customer will then be billed according to your chosen subscription or tariff plan.
Refunds: We are only obliged to make refunds if we terminate our Services to you without cause before the end of a Term for which you have paid. There is no other circumstance in which you are entitled to a refund from us. We may, in our sole discretion, offer refunds in other situations, provided that a Member seeking such a refund requests the refund in accordance with the requirements we post on the Website, which may be amended from time to time.
Acceptance: The Customer agrees that when a report is completed, copied or edited, i.e. marked as complete or last updated, at Smartcheckups, this consumes a report credit and the Customer ceases to have rights to that report credit.
Properties, Photos and Reports: "Your Properties", "Photos" and "Reports" (collectively, the "Files") as used in this Agreement means the information contained in the files that you or other users upload, download and access through the Site, App and Services. You are the owner of Your Files and are therefore solely responsible for your conduct and the content of Your Files, as well as the content of your communications with other users of Smartcheckups.
Smartcheckups allows you to distribute some or all of Your Files that you have uploaded to the Site and or App. If you choose to do so, you may share all or part of Your Files with specific individuals you select. If you decide to share Your Files, you are granting certain legal rights, as explained below, to those individuals you have given access to your folders and Content.
Smartcheckups does not claim any ownership rights to Your Files. You acknowledge that Smartcheckups has no obligation to monitor the Files or messages sent, submitted or otherwise transmitted through, the Internal Reporting System using the Site, App or Services for any purpose. Accordingly, Smartcheckups is not responsible for the accuracy, completeness, adequacy, legality or applicability of the Files or anything said, depicted or written by users in the Internal Notices, including, without limitation, any information obtained through the use of the Site, App or Services. Smartcheckups does not endorse anything in the Files or Internal Notices or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smartcheckups with respect thereto. In the event of a complaint, Smartcheckups has the right to temporarily remove the incriminating Files or block access to them. Such action does not imply in any way whatsoever an acknowledgement that the Files are incriminating.
Smartcheckups strives to add additional new and improved functions in its application and has the right at all times to adjust improvements in the application for use by the customer.
Although you are the owner of the content of Your Files, files uploaded to the Site's Asset Library are available to the users to whom you grant access. By placing Your Files in the Asset Library, you agree and acknowledge that Smartcheckups has no responsibility or obligation to monitor or notify you of any non-compliance with the rights or licenses you choose to grant to other users who have access to your Asset Library, if any, and that Smartcheckups has no responsibility to enforce or monitor the terms of the license(s) or permission(s) you choose to provide, or to assist you in enforcing or monitoring those terms.
You should be aware that Files may be protected by intellectual property rights owned by the Smartcheckups user who uploaded the file into the Asset Library. You may not modify, rent, lease, lend, sell, distribute, or create derivative works from the content(s) (in whole or in part) of Files uploaded by another user to the Asset Library, unless the rightful owner of that File has specifically informed you in a separate agreement that you may do so.
You acknowledge and agree that you may not rely on the Site, App, Content, Files, or Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information stored, retrieved or otherwise processed by the Site, App, Content, Files or Services. Without limiting the foregoing, you are responsible for all costs and expenses you or others may incur in relation to backing up and restoring and/or recreating data and information lost or damaged as a result of your use of the Site, App, Content, Files and/or Services.
Please see the Smartcheckups Privacy Policy at www.smartcheckups.com/privacy for information and notices regarding the collection and use of your personal information by Smartcheckups.
As a Smartcheckups user, you are solely and fully responsible for securing the password that grants you access to the Site, App, Content, Files and Services. You agree not to disclose your password to any third party. You agree to be solely responsible for all activities or actions under your password, whether or not you have authorized those activities or actions. You will immediately notify Smartcheckups of any unauthorised use of your password (info@smartcheckups.com).
You acknowledge that if you wish to protect your transmission of data and/or files to Smartcheckups, it is your responsibility to use a secure encrypted connection to communicate with and/or use the Site, App, Files and Services.
Smartcheckups grants you a limited, non-exclusive, non-transferable, revocable licence to use the Site, App, Content, Files and Services, subject to the restrictions set out in these Terms of Service.
All right, title and interest in and to the Site, App, Content and Services are and shall remain the exclusive property of Smartcheckups, including all Intellectual Property Rights therein, even if Smartcheckups incorporates your Feedback (as defined below) into subsequent versions. The Site, App, Content and Services are protected by copyright, trademark and other laws of both Belgium and abroad. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, create derivative works based upon, distribute, sell, transmit, publicly display, publicly perform, transfer or otherwise use the Site, App, Content or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Smartcheckups, in any form, and all contributions that you make to the Site by posting content and communicating with other Smartcheckups users through postings on forums on the Site ("User Posts") will be the exclusive property of Smartcheckups. You hereby irrevocably assign and agree to assign and transfer to Smartcheckups all of your rights, title and interest in and to all of your Feedback and User Messages, including all worldwide patent rights (including patent applications and disclosures), copyrights, trade secret rights and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. You shall not obtain or acquire any rights or licenses to the Site, App, Content and Services or to Smartcheckups' Intellectual Property Rights by reason of these Terms of Service or your performance under these Terms of Service.
You agree that we may, in our sole discretion, terminate your access to the Site, App, Content, Files and Services for any reason or no reason, including, without limitation, your violation of these Terms of Service. You agree that termination of your access to our Site, App, Content, Files and Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete all of your accounts and all related information and files in such accounts, and block all further access to the Site, App, Content, Files and Services. You agree that we shall not be liable to you or to any third party for any loss or damage of any kind incurred as a result of the termination of your access to our Site, App, Content, Files and Services. To voluntarily terminate your access to the Site, App, Content, Files and Services at any time through our Site, simply follow the instructions on the Site. If you are unable to log in for any reason, you may terminate your account by sending us written or email notice of termination.
We reserve the right to modify or discontinue, temporarily or permanently, any portion of our Site, App, Content, Files or Services at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification or discontinuance of our Site, App, Content, Files or Services.
To protect the integrity of the Site, App Content, Files or Services, we reserve the right at any time in our sole discretion to block users at certain IP addresses from accessing our Site, App Content, Files or Services.
The site, app, content, files and services are provided "as is" without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Smartcheckups expressly disclaims all warranties of merchantability, fitness for a particular purpose or non-infringement and all warranties arising from the course of business or use of commerce. You acknowledge that use of the Site, app, content, file and services may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or your files to unintended third parties. Smartcheckups does not guarantee that the Site, app content, files or services will meet your requirements or be available uninterrupted, secure or error-free. Smartcheckups makes no warranty regarding the quality of products, services, or information purchased or obtained through the Site, app content, or services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Site, app content, files, or services.
No advice or information, whether oral or written, obtained from Smartcheckups or through the site, app content, files, or services, will create any warranty not expressly made herein.
In no event shall Smartcheckups be liable to you or any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement, or out of your access to or use of, or inability to access or use, the Site, app content, files and/or services, or for any error or defect in the Site, app, content, files or services, whether such liability arises from a claim based on contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Smartcheckups has been advised of the possibility of such damages, even if any remedy set forth herein is found to fail of its essential purpose. You expressly acknowledge that Smartcheckups is not liable for the defamatory, abusive or illegal conduct of other users or third parties and that the risk of harm from the foregoing rests entirely with you. Further, Smartcheckups shall not be liable to you or any third party for any third party content uploaded to or downloaded from the Site, app or through the Services and/or the files, or if your data is lost, damaged or exposed to unintended third parties.
All account holders agree that Smartcheckups' total liability to you for all claims arising from the use of the Site, app content, files and/or services shall be limited to the lesser of the amounts paid by you to Smartcheckups during the three month period preceding such claim, for access to and use of the Site, app content, files or services, or one hundred (€100) Euros. The limitations of damages set forth above are fundamental elements of the basis of the agreement between Smartcheckups and you.
In the event that any provision of these general or privacy terms and conditions is deemed invalid or unenforceable, the other provisions of these general and privacy terms and conditions shall remain in full force and effect.
Users will be aware that it is criminally curbed to access internet services using false capacities or data. This severely disrupts the operation of our platform with serious financial consequences. The creation of a knowingly false profile on the Smartcheckups platform constitutes, inter alia, the following offences; forgery, forgery of computer data, stalking, fraud, abuse of trust, false naming, etc.... Similarly, if a (legal) person deliberately attempts to mislead Smartcheckups for whatever reason, either via/on the Smartcheckups online platform, or electronically via mail traffic with deliberately false and/or manipulated or misleading names addressed to Smartcheckups, such that any (legal) person who, using false or incorrect data accesses or uses the Smartcheckups platform, for whatever reason (o. m. misleading the platform, deliberately seeking to evade payment for the platform's services, etc.) shall be liable for appropriate damages. Without prejudice to higher proven damages, the said (legal) person shall be liable to pay a lump sum of 25,000 euros per committed infringement. As soon as the falsity consists in the disguise of the truth, there is falsity.
The failure by Smartcheckups to enforce any right or provision of these Terms of Service shall not be considered a waiver of that right or provision.
Applicable law and competent court This agreement is governed by and interpreted according to the laws of Belgium, without regard to its conflict of law rules. Unless Smartcheckups and Reseller agree that their conflict will be subject to International Arbitration. The courts of Kortrijk shall have exclusive jurisdiction over all discussions regarding the conclusion, execution and/or termination of this Agreement.
If parties agree on arbitration, this arbitration shall take place according to the Rules of the I.C.C. (International Chamber of Commerce), by three arbitrators in accordance with these Rules. The arbitral tribunal shall consist of three arbitrators.
The place of arbitration shall be Kortrijk/Brussels, the language of communication shall be NL, any dispute arising between the contracting parties shall be subject to prior mediation.
Full agreement
These Terms of Service are the complete and exclusive agreement between Smartcheckups and you regarding the Site, App, Content, Services and Your Files, these terms and conditions and Terms of Service supersede all prior agreements between Smartcheckups and you regarding the Site, App, Content, Services and Your Files.
If you have any questions about our terms and conditions, please contact us at info@smartcheckups.com.
By ticking our Terms and Conditions you expressly agree to be bound by the above Terms and Conditions, and (items 1 to 20) having read and understood them in good order, you warrant that you possess or have the necessary rights, permissions and authorisations to grant the licenses required by your Asset Library as described above to create the (company) account you have entered.