Article 1. Application of the General Terms and Conditions
1.1. Unless otherwise agreed between Parties, these General Terms and Conditions apply to any contractual relationship concluded between HELPIGO (or one of its subsidiaries), in its capacity of Service Provider, and the Client, notably via the website www.helpigo.com, which is under HELPIGO’s exclusive propriety, and having as object the provisions mentioned is article 3 of the following Terms and Conditions.
Article 2. Contact Details of the Provider
2.1. HELPIGO’s contact details are : SA HELPIGO, located in 1000 Brussels, Quai des péniches 58, bte 62 (e-mail : firstname.lastname@example.org)
Article 3. Subject
3.1. The subject of the service agreement, validly concluded between HELPIGO and the Client, is to post the Client’s Advertisement online, along with the Client’s contact details (hereunder “the Advertisement”), in order to allow the Client to look for/find a co-contractor among other Clients of HELPIGO. Following the basic model, the Advertisement includes a general description of the Client’s activities, contact details, skills and/or activities sought.
3.2. HELPIGO offers three types of separate subscriptions, described as followed:
- JOB PROVIDER START – 1 month : (the description of which is published on the website)
- JOB PROVIDER PRO – 3 months : (the description of which is published on the website)
- JOB PROVIDER EXPERT – 1 Year: (the description of which is published on the website)
- JOB PROVIDER PREMIUM – 1 Year: (the description of which is published on the website)
3.3. The Client expressly acknowledges that HELPIGO does not participate in drafting the Advertisement, neither in handling the Client’s activities/contracts. HELPIGO is therefore considered as a third party towards every potential relationship created between its Clients.
3.4. The Client remains solely responsible for the content of the information posted online, so that HELPIGO can never be held liable, neither towards the Client, neither toward third parties. The Client guarantees that the information included in the Client’s Advertisement do not violate any effective norm and/or regulation or any third party rights. The Client undertakes to hold HELPIGO harmless for any claim or appeal which would eventually emanate from a third party against the Client. HELPIGO retains the right to withdraw, without delay or notice, an Advertisement the content of which would violate the effective standards and/or regulation, or would be prejudicial to HELPIGO’s reputation.
Article 4. Mission assigned to HELPIGO
4.1. HELPIGO undertakes to post the Client’s Advertisement online, in accordance with article 3 above.
4.2. HELPIGO undertakes to take necessary due care and diligence in the execution of this Agreement. HELPIGO is therefore required to inform the Client about any problem accessing the Client’s Advertisement at the earliest opportunity after the event preventing the access arises.
Article 5. Client’s Obligation
5.1. In addition to the payment, the Client will be required to provide HELPIGO with the content of the Advertisement intended to be placed online and to check the accuracy of this information, as well as the compliance hereof with the regulation.
Article 6. Property
6.1. The content, as well as any publication appearing on HELPIGO’s website, can not in any way be reproduced without the prior consent of HELPIGO. It shall therefore not be used in particular to establish a database of all or part of publications appearing on HELPIGO’s website.
6.2. In order to enable HELPIGO to fulfill its mission, the Client authorizes HELPIGO to use the Client’s trademark, name, designs and models on all computer media during the term of the Agreement. The Client guarantees that he is the holder of any rights on the Client’s trademark, name, designs and models and has obtained the authorizations required for they placing online.
Article 7. Non-exclusivity and Advertising
7.1. HELPIGO grants no exclusivity to the Client. Therefore HELPIGO retains in particular the right to publish Advertisements that are similar and/or competitive to the Client’s Advertisements.
7.2. The Client retains the right to publish the Client’s Advertisement by other means than those made available by HELPIGO.
7.3. HELPIGO can not be held liable for other Clients information and statements included in the Client’s Advertisement.
Article 8. Personal Data, Advertisement, Database and Cookies
8.2. The Client is required to check the accuracy of those personal data and, if necessary, to correct them on the Client Profile by using the Client’s personal codes, or even to request the correction of the personal data to the controller, that is, the person referred to in Article 2 of these Terms and Conditions. HELPIGO validly contacts the Client using the contacts details given by the Client.
8.4. The Client shall refrain from any improper use, abuse or diverted from its purpose, of any information relating to another Client. In any event, HELPIGO shall be held liable for the wrongful or irregular use of personal data of the Client by other Clients.
Article 9. Duration of the Contract
9.1. Subscriptions JOBBER PRO and JOB PROVIDER EXPERT are concluded for a specified period of one (1) year as of the date of subscription by the Client. Either Party may terminate those contracts each year upon expiration of the aforementioned term, by providing at least three (3) months’ notice by e-mail with return receipt (or by registered letter) prior to the expiration of the contract. In the absence of such notification, the contract will be renewed for the same period.
9.2. Subscription JOB PROVIDER PRO is concluded for a specified period of one (1) month as of the date of subscription by the Client. That kind of contract will be automatically renewed at its expiry for the same period unless it is cancelled in writing and made known to HELPIGO at least one day prior the monthly maturity date.
Article 10. Price and Payment
10.1. The JOBBER PROVIDER START subscription is concluded at the price of 59 €/ 1 month (excluding VAT).
The JOBBER PROVIDER PRO subscription is concluded at the price of 149 €/ 3months (excluding VAT).
The JOBBER PROVIDER EXPERT subscription is concluded at the price of 19,90 €/month (excluding VAT), that is, 238,80 €/year.
The JOBBER PROVIDER PREMIUM subscription is concluded at the price of 2290 €/ 1 year (excluding VAT). These prices include the drafting of the Advertisement with the client and the hosting thereof.
10.2. All prices are excluding taxes of any kind.
10.3. Those amounts must be paid by way of advance as of the day of the subscription. The payment of the price and/or the conclusion of the contract signify the full and voluntary acceptance of those Terms and Conditions.
10.4. Failure to pay by the required date, in addition to the right of HELPIGO to suspend its obligations, interest at a rate of 1% on outstanding amounts shall be payable by the Client as of the due date until payment in full, as well as a flat-rate allowance of 15% calculated on outstanding amounts, with a minimum of 50 €. Failure to pay for more than a month will justify the termination of the contract to the sole prejudice of the Client.
Article 11. Claim and Accountability
11.1. Any potential incorrect information must be notified to HELPIGO, by e-mail with return receipt to the address email@example.com or by registered letter within eight days after the event.
11.2. Any claim must be notified to HELPIGO, by e-mail with return receipt to the address firstname.lastname@example.org or by registered letter within eight days after the event, under penalty of loss of right to compensation.
11.3. Upon receipt of a claim, HELPIGO shall endeavor to find a solution at the earliest opportunity. The Parties shall seek, in good faith, an agreement on compensation of possible damages suffered by the Client. The Parties shall prefer the path of an extension of the duration of the subscription.
11.4. HELPIGO will not be held liable for the content of the Client’s Advertisement, neither in case of an incident attributable to another Client, a third Party nor in the event of force majeure. HELPIGO will not be held responsible for the speed of access or external slowdowns.
11.5. HELPIGO is subject to a best-endeavors obligation and shall only be liable for deceit or willful serious fault.
11.6. The liability of HELPIGO is limited to personal injury and/or direct material damage established having an immediate link with its potential serious fault arising in the execution of its obligations within the limits specified above, unless the damage would have equally occurred without HELPIGO’s fault.
11.7. In no event, the compensation due by HELPIGO shall exceed the amount of the price agreed on an annual basis for JOBBER PRO or JOB PROVIDER PRO subscription, or monthly basis for JOB PROVIDER PRO subscriptions.
11.8. In no event HELPIGO shall be held liable for indirect and/or immaterial damage caused to the Client, the personnel of the Client or third parties by the performance of its services, such as, including but not limited to: loss of profit, loss of customers, loss of operating profit. The Client, as well as the Client’s insurers waive any recourse against HELPIGO in order to obtain compensation for financial consequences of such damage and guarantee HELPIGO as well as its insurers for any action brought by third parties regarding the aforementioned damage.
Article 12 Force majeure, act of third party, maintenance
12.1. Neither Party can engage the other Party’s responsibility, would the execution of this Agreement be delayed or prevented due to Force majeure, a fortuitous event, an external cause or an act of a third party such as notably: natural disasters, strikes, social conflicts, state of war, storms, earthquakes, Internet network failure, computer attack, electricity network breakdown, … In this regard HELPIGO emphasizes the complexity of national and global networks.
12.2. In case of suspension of this Agreement during a period of more than one month because of Force majeure, this Agreement will be terminated as of right without damages and interest.
12.3. HELPIGO may also suspend the service agreement for maintenance reasons with the maximum not exceeding 48 hours. If this period is exceeded, HELPIGO shall address a written notification to the Client explaining the reasons for the suspension and the measures taken.
Article 13. Assignment and subcontracting
13.1. HELPIGO reserves the right to assign, transfer or subcontract all or part of the services which are the subject of this Agreement, without obtaining the consent of the Client.
Article 14. Invalidity of a stipulation in whole or in part
14.1. Should a stipulation in these Terms and Conditions be or become invalid in whole or in part, the invalidity of (part of) this stipulation shall not entail the validity of other stipulation or the Agreement in its entirety.
Article 15. Law and Jurisdiction
15.1. This Agreement is governed by the Belgian law.
15.2. All disputes arising from this Agreement or in relation thereof (including disputes concerning the existence, validity or termination of this Agreement) shall be subject to the exclusive jurisdiction of the courts of Brussels, and where appropriate, the Justice of the Pease of the 6th county of Brussels.
Article. 16. Provisions applicable only if the contract is concluded with a consumer
16.1. If the Client is a consumer and the contract is concluded at a distance, the Client may withdraw within 14 days following the subscription by sending an e-mail to the address email@example.com or by registered letter to HELPIGO, showing unambiguously the Client’s intention to withdraw.
16.2. The Client may expressly request HELPIGO that the service be provided before the expiry of the withdrawal period. In this case, if the Client withdraws after the placing online of the Client’s Advertisement, the Client will be made liable for the amounts agreed under a JOBBER PRO or PROVIDER PRO subscription or for a twelfth of the annual price agreed under other subscriptions.