Terms for B2B Agreements

Company details of RestoManager

RestoManager BV Rinkhout 14 9240 ZELE VAT BE 0743.981.684 TEL +32 9 277 45 92

Article 1: General provisions

RestoManager BV, registered office at Rinkhout 14, 9240 Zele, and with company number BE.0743.981.684 (hereinafter 'RestoManager'), offers its customers the possibility to enter into subscriptions with its clients (hereinafter 'Partner(s)').

This Cooperation Agreement ("Terms") applies to every hospitality solution that RestoManager offers to its Partners. Using RestoManager's software and processing the first payment implies that the Partner has consulted these Terms and expressly accepts the applicability of these Terms, to the exclusion of all other terms. Additional conditions of the Partner are excluded, unless these have been previously, in writing and expressly accepted by RestoManager.

To enter into a subscription, the Partner must be of legal age. If the Partner is a minor, the subscription must be entered into by their parents or legal representative.

Article 2: The Price

Our subscription prices can always be found on our website. Via restomanager.net/prijzen or via https://mijn.restomanager.net/settings/business/subscription. We offer different payment periods, including monthly, quarterly and annually. All payments must be made in euros (€), unless otherwise stated.

RestoManager is authorised to charge commission or transaction fees, the exact amount of which corresponds to the chosen subscription and may vary when Partners change subscriptions.

The Partner is free to stipulate additional and freely determined transaction and delivery costs towards the Customer. The Customer must pay these costs directly via Mollie when executing online transactions, such as purchasing a digital gift card or additional costs for Reserve AI, SMS messages and deposits.

All listed prices are expressed in EUROS, including VAT and all other taxes or levies obligatorily borne by the Customer. Price changes and typographical errors are reserved.

RestoManager reserves the right to annually adjust subscription prices based on indexations, as determined by the legal indexation rules in Belgium. These price increases aim to compensate for inflation and rising operational costs.

The annual price adjustment is implemented on the subscription's expiry date and is communicated in writing to the Partner in advance, at least 30 days before the effective date of the new price.

If the Partner does not agree with the price increase, they have the right to cancel the subscription before the effective date of the new price, in accordance with the cancellation terms as described in Article 5: Execution and duration of the agreement.

Article 3: Offer and flexibility in Subscription Options

At RestoManager, we believe in freedom of choice. Our customers have the option to change their subscription type via the intuitive "Subscription" tab in the settings of their RestoManager account.

RestoManager reserves the right to change subscription prices in accordance with Article 2, in particular when a legal price-determining factor gives rise to it.

Article 4: Payment method: simple payment via direct debit

All payments are processed via direct debit or SEPA orders. The Partner gives express consent for this when entering into the subscription. It is not possible to enter into a subscription via (manual) bank transfers or cash.

Article 5: Execution and duration of the agreement

Monthly subscription: The monthly subscription can be cancelled at any time via the 'Subscription' tab in the RestoManager account. After cancellation, no further direct debits will be executed. If you requested a cancellation but a direct debit was still executed, RestoManager will issue a credit note.

Quarterly and annual subscriptions: These subscriptions are tacitly renewed for a new period of 3 months or 12 months respectively, unless the Partner cancels the subscription at least 3 months before the renewal date. If a cancellation is not received in time, the Partner is obliged to pay the full subscription amount for the extended period. No deviation from this is possible. When the Partner wishes to cancel their quarterly or annual subscription early, a final invoice is drawn up with the remaining amount due and the online environment will be closed.

Article 6: Early termination

In case of early termination of a quarterly or annual subscription, the Partner owes a fixed compensation. This compensation amounts to 35% of the remaining subscription amount until the end of the contract period. In case of cancellation within the first 3 months of the subscription, the full subscription price is due.

Also, no money is credited to the partner in any way for a subscription already taken out.

Article 7: Penalties for payment negligence

With reference to Belgian law, we would like to draw your attention to the following important point regarding our invoicing practices:

In accordance with applicable legislation, we charge a first reminder after a payment delay of 14 days. This reminder aims to inform you of the outstanding payment and give you the opportunity to settle it in time.

Administrative costs (EUR 25) may be charged with this reminder, as permitted under the legal provisions.

In case of non-payment on the due date, the Partner owes a legal interest of 10% per year, in addition to a fixed compensation of 15% (minimum €25, maximum €1,500).

Every order formally confirmed or contractually established by RestoManager is irrevocable, regardless of whether or not a deposit was paid. Where applicable, the deposit paid by the Partner is deducted from the total price for the order.

We appreciate your timely payment and strive to keep our business relationship smooth and transparent. If you have questions about our invoicing procedures or the application of administrative costs, please do not hesitate to contact us. We are at your disposal to answer your questions and clarify any uncertainties.

Article 8: Liability

General use: RestoManager cannot be held liable for damage resulting from technical failures, software downtime or incorrect information on the website or in the software. The Partner acknowledges that the use of the software and website is at their own risk.

Information on the website: The information on the website is of a general nature and not tailored to personal or specific circumstances. This information should not be regarded as personal, professional or legal advice.

Efforts to correct: RestoManager makes efforts to keep the information offered complete, correct, accurate and up to date. If inaccuracies or missing information are identified, RestoManager will correct these as soon as possible.

No guarantees: RestoManager does not guarantee the proper functioning, availability or continuity of the website or software. RestoManager cannot be held liable for any form of damage, direct or indirect, arising from the use of the website or software.

Reporting inaccuracies: Inaccuracies on the website or in the software can be reported to RestoManager at any time. RestoManager reserves the right to adapt, modify or supplement the content of the website and software without prior notification.

Exclusion of liability: RestoManager can under no circumstances be held liable for any damage, including but not limited to losses, work interruptions, damage to programs or data, or damage to the user's equipment or software, resulting from the use of the website or software.

Article 9: Intellectual property

Ownership of content and developments: All content created by RestoManager, including but not limited to photos, texts, websites, software, programs, developments, databases, graphic designs, logos, sounds, videos and other elements, remain the intellectual property of RestoManager, unless otherwise agreed in writing.

Protection of the website and services: The presentation and content of the RestoManager website and services, including trademarks, logos, drawings, data, product or company names, texts, images and other elements, are protected by intellectual and industrial property rights. These rights belong to RestoManager or to third-party rights holders.

Prohibition of reproduction and use: Any whole or partial representation, reproduction, distribution or use of the website, services or any part thereof, without the express prior written consent of RestoManager, is strictly prohibited and constitutes an infringement of intellectual property rights. In case of permitted reproduction or use, the mention "Copyright RestoManager – all rights reserved" must be clearly displayed.

Protection of databases: The databases managed and/or offered by RestoManager are protected by intellectual property law. Any qualitatively or quantitatively substantial extraction or reuse of these databases is prohibited and punishable under applicable legislation.

Trademarks and distinctive signs: The trademarks, logos, company names, trade names, domain names and other distinctive signs used on the website or in RestoManager's services are registered trademarks or the property of RestoManager or third-party rights holders. Any reproduction, imitation or use of these signs without express permission is prohibited and may lead to liability.

Liability for infringement: In case of infringement of RestoManager's intellectual property rights, RestoManager reserves the right to take all legal and extrajudicial steps to protect its rights and claim compensation.

Article 10: Privacy

RestoManager respects the Belgian law of 8 December 1992 and the General Data Protection Regulation (GDPR) regarding the protection of personal data.

The personal data communicated by the Partner is only used for the execution of the agreement, processing reservations, sending newsletters, advertising and/or marketing purposes and analysing the website via Google Analytics.

Your data such as your email address is also used to inform you about updates to our software to ensure smooth usage.

You have a legal right to access and possibly correct your personal data. Upon proof of identity (copy of identity card), you can obtain free written communication of your personal data via a written, dated and signed request to RestoManager, Rinkhout 14, 9240 Zele, [email protected]. If necessary, you can also request the correction of personal data that is inaccurate, incomplete or not relevant. The same applies for deletion of data after termination of the agreement.

The Partner is personally responsible for keeping their login details confidential and for the use of their password. Your password is stored in encrypted form, so RestoManager has no access to your password.

Article 11: Cookies

Within the mijn.restomanager.net system, no cookies are used. On our public website, cookies are used. More information about this can be found on our website.

Article 12: Amendment of terms

RestoManager reserves the right to amend these Terms. Any subscription renewal after the amendment constitutes acceptance by the Partner of the new Terms.

Article 13: Evidence

The Partner accepts that electronic communications and backups can serve as evidence. When entering into the subscription, an invoice is always sent with the accepted terms. Each payment is followed by an invoice with the terms applicable at that time.

Article 14: Applicable Law and disputes

These terms are governed by Belgian law. Disputes fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders.

Article 15: Promotions and abuse

Promotions are not cumulative. In case of abuse of promotions (e.g. creating multiple accounts), RestoManager reserves the right to invalidate the promotion and reclaim any discounts.

Article 16: Technical support

RestoManager offers technical support during normal business hours (Monday to Friday, 9am-5pm). Support requests can be directed to [email protected] or +32 9 277 45 92.

Article 17: Changes to the software

RestoManager reserves the right to perform updates or changes to the software. The Partner is informed of significant changes that may impact the functionalities.

The presentation and content of our site and services, including trademarks, logos, drawings, data, product or company names, texts, images etc. are protected by intellectual and industrial property rights and belong to RestoManager or third-party rights holders.