General Terms and Conditions
Article 1. Definitions
For the enforcement of this Contract, except when the context requires another interpretation, the following terms shall have the following meanings:
- Site: the websites operated by FAN2BOOST and accessible at the URL addresses www.fan2boost.com and www.chefminute.com;
- Service(s): services offered by FAN2BOOST on the Site and described in further detail in these General Terms and on the Website;
- FAN2BOOST: the provider of the services delivered via the Website and identified in further detail in Article 2 of the present General Conditions. Fan2Boost.com and ChefMinute.com are sub-brands of FAN2BOOST;
- Customer: any professional person active in the field of restaurants, wine or trade who creates an account on the Site and benefits from the Services of FAN2BOOST;
- Customer Contract: the contract concluded between the Customer and FAN2BOOST and which includes the present general conditions.
- Customer Site: Website of the Customer's facility created via FAN2BOOST;
- Newsletters: electronic newsletter;
- Contact Details: name, first names, address, city, area, postal code, telephone number, e-mail address and the other necessary data at the time of the inscription of the customer or of the activation of his/her subscription;
- Management tool: management interface of the Customer's Site and of the Customer's Newsletters, with secured access;
- Contents: text, photograph or other, published on the Customer Website and in the Newsletters of a Customer.
Article 2. Identification of the Parts and Purpose of the Present Terms and Conditions
The present General Terms and Conditions govern, within the framework of the use of the Site and of the Services, the relations between:
- on the one hand, Le Quatrième Homme (TVA BE 0643 504 037) (VAT BE 0643 504 037), hereinafter referred to as "FAN2BOOST", 15 Rue de l'Ascension street, Ittre, Belgium;
- on the other hand, the person more extensively identified in the registration form, hereinafter referred to as the "the Customer".
FAN2BOOST can be contacted via the contact form on the Site or by sending an e-mail to the following address: email@example.com.
Article 3. The Contract
The present contract aims at clarifying the contractual relations between the Customers and FAN2BOOST and in particular at defining the roles and obligations of each one of the parties and at establishing the monetary terms inherent in the operation of the FAN2BOOST Services.
Any visit of the Site and any use of the Services provided by FAN2BOOST imply the adherence of the Customer to the present general terms and conditions of which he could take note by clicking on the link appearing at the bottom of each page of the Site, or during the registration process to the Site. The present General Terms and Conditions of use take precedence over the possible general conditions of the Customer.
The present General Conditions are permanently available on the Site. The Customer must read them attentively, print them and/or download them and thus preserve a copy of them.
The present General Conditions may be modified at any time by FAN2BOOST. The new conditions apply from their publication on the Site on, for any visit and/or any Service used after their publication.
By using the Services, the Customer guarantees that the Contact Details communicated are correct and the Customer commits to immediately announce FAN2BOOST of any change in the Contact Details.
By using the Services, the Customer agrees to respect the confidential character of certain information (in particular his password, his information regarding the payment methods, etc). The Customer is solely responsible for his confidential information and must not communicate them to any other person.
Article 4. The Services
FAN2BOOST proposes to the Customers a Web communication tool dedicated to their activity (restaurant, wine, distribution, trade). This tool is of "self-service" type and allows the Customer to create and manage the Website of his establishment (Customer Site) by himself and easily, based on a predetermined template.
For the purpose of costs mutualisation, the functions of the Customer Sites created on FAN2BOOST are common to all the Customer Sites of the same type (restaurants, wine, distribution, trade). In the same way, the layout of a template used for creating Customer Sites is common to all the sites created with this template. The functions and the templates will not be adapted by FAN2BOOST specifically upon requests from a Customer. However, FAN2BOOST can decide to add a function which is required by a sufficient number of Customers.
The Customer Site is hosted on the servers of FAN2BOOST.
The Customer Site particularly allows to the Customer to become known on the Internet, to share his daily information on his page, to show photographs of his establishment, to publish his menus (maps, menus, suggestions, etc) or his catalogue, to receive messages or reservations from his customers.
The FAN2BOOST tool also allows the Customer to send his daily specials and newsletters (Newsletters) by e-mail to his subscribers, up to a maximum number of e-mails sent per month such as defined on the Site.
The Customer can also publish the contents of his page on Twitter and Facebook, provided that he has an account.
The Customer manages his site and his newsletters via a management interface with secured access.
FAN2BOOST also offers complementary and paid services (for example: creation of the site, coding, realization of photographs, e-mails importation, etc) reserved to the Customers who are subscribers. The Customer's request for one of these services will be subject, before realization, to a price proposal and a completion deadline through e-mail from FAN2BOOST for the Customer's agreement. The Customer's agreement by e-mail will serve as firm and definitive order. The cost to be invoiced will be debited from the Customer's payment card at the same time as the monthly contribution for the subscription at the due date for this.
FAN2BOOST reserves the right to modify the Services wholly or partly without notice and without compensation in favour of the Customer.
Article 5. Access and Security
The access to the Services of FAN2BOOST requires the creation of an account by providing a valid e-mail address, a password and some other information. It is forbidden to create accounts automatically.
The access to the Management tool is secured by means of the e-mail address and of the password chosen by the Customer at the time of his subscription to the Service.
The Customer commits to retain his confidential information with due diligence. Any operation carried out by means of the confidential data of a Customer (e-mail address and password) is regarded as valid. The Customer is solely responsible for any abusive use of his confidential data. In the event of abusive use of his confidential data, the Customer will immediately inform FAN2BOOST about this and will communicate all relevant information at his disposal.
Article 6. Free Trial
The free trial period allows the Customer to test the service for free for a specified period indicated on the Site. The free trial period does not oblige the Customer to a later purchase.
The present general terms and conditions of use also apply to the free trial period. The service during this period is the same one as the service in period of paid subscription, except from the sending of Newsletters which is limited to a reduced number of sendings and the presence of a banner on the Customer Site indicating the trial period.
The Customer can activate his paid subscription at any time, which puts an end to the free trial period instantaneously.
At the end of the free trial period, the account of the Customer remains accessible via the management tool but does not allow sending Newsletters to the subscribers anymore and his Customer Site is not available on the Internet anymore. However, he can always activate his paying subscription, which will reactivate the sending of Newsletters to the subscribers and his Customer Site on the Internet.
Article 7. Price and Payment
The prices for the Customer services are indicated on the Site. They may be changed at any time, without prior notice. The prices do not include taxes. The taxes will be applied in accordance with the rules in force and according to the Customer's country of invoicing.
The main Service of FAN2BOOST is provided on a subscription basis. In order to conclude the subscription to the FAN2BOOST Service, the Customer must provide complete, exact and up to date invoicing information. The Customer must maintain this invoicing information up to date throughout his subscription. FAN2BOOST reserves the right, when having reasonable reasons for thinking that the information provided is inaccurate, incomplete or obsolete, to refuse or to cancel the subscription.
The subscription takes effect from the payment of the first month of subscription by bank card. It is subject to confirmation by email.
The subscription is valid for an initial one year period and is automatically extended for successive identical periods, even if the Customer does not use the service, subject to payment of the monthly contribution at its due date.
The bank card of the Customer will be automatically debited of the same amount every month, automatically increased with the amount of any possible additional paid services consumed during the past month (such as coding by FAN2BOOST).
FAN2BOOST reserves the right to modify the price of the subscriptions 30 days after email notification to the subscribers. The modifications will take effect at the moment of the monthly renewal of the subscription.
The whole of the accounting documents that may be exchanged within the framework of the relation between the Customer and FAN2BOOST can be transmitted in a usual electronic format.
The Customer recognizes that intermediary third parties intervene in the payment process (example: Stripe, banks…). FAN2BOOST does not assume any responsibility for the errors, faults, negligence, omissions or damage caused by these thirds. The Customer is furthermore obliged to comply with the instructions given by these intermediaries during the process of payment.
Article 8. Prohibition of Illegal Use
The Customer guarantees that he will not use the Services for purposes of committing acts which are illegal or prohibited by the present general terms and conditions and/or by law. Any abuse or fraudulent use of the Services and/or the Site is prohibited. The attack towards the integrity, the capacity of use or functioning of the Site or (of) the Web server(s), or the fact of interfering or of trying to interfere with the functioning of the Site is strictly prohibited.
Article 9. Newsletters Sending Service
The Customer commits to using the service of sending Newsletters exclusively within the framework of his main commercial activity (restaurant, wine sale, trade). It is prohibited to him to use this service for other purposes.
The Customer is solely responsible for the use he makes of Newsletters.
In order to protect the electronic reputation of e-mails sent via FAN2BOOST, and thus of all the customers of FAN2BOOST, the Customer commits to respecting the enforcement of anti-spam regulations in his country and to respecting the anti-spam policy such as defined within the present general conditions.
Any non-compliance with the anti-spam policy of FAN2BOOST shall be subject to warning sent by FAN2BOOST to the Customer. In case the Customer persists in the non-compliance with the anti-spam policy, FAN2BOOST shall be able to cancel his use of the Newsletters sending service, without compensation or tariff change for his subscription.
Article 10. Anti-spam Policy
In order to protect the reputation of e-mails sent by all the Customers via the Services of FAN2BOOST, each Customer commits to complying with the rules below, which are essential for fighting against Spamming:
- Prohibition of using e-mail lists coming from third parties: No e-mail must be sent to an acquired list (bought, rented, borrowed or other), whatever the quality or the permissions attached to this list. No e-mail can be sent to lists copied or recovered otherwise from the Web. The fact that a person posted his/her e-mail address publicly does not indicate in any way that he or she grants the permission of using it.
- Only send e-mails to persons having expressly given their authorization: E-mails can only be sent to persons who have voluntarily subscribed to the Customer's Newsletter. The subscription form integrated into the Customer Site applies the practices of use (information, no subscription by default), but the Customer must also take this rule into account if he adds subscribers to his list via the Management tool.
- Respecting the object of the subscription: The message sent must be connected with the subject to which the person has subscribed. For example, the Newsletter "Daily specials" should only contain information which would find a legitimate place on real chalk board in the establishment of the Customer.
- Reducing as much as possible the "Spam" character of e-mails: The object of e-mail should not be deceiving and should not mislead the recipient of the e-mail. The promotional terms, the emphasized formulas are to be banished, the content of the message must correspond to the recipient's expectations.
Article 11. Domain Names
A domain name is offered to the Customer for the subscription to the Services of FAN2BOOST. Only one domain name per Customer may be offered at the same moment.
The Customer is owner of the domain name offered, and he remains so even after stopping the subscription. The subscription of the contract for registering with the competent authority in the attribution and the management of domain names is made on behalf of the customer.
FAN2BOOST does not guarantee that the allotted domain names are free of copyright or will remain usable in the future. The Customer shall indemnify FAN2BOOST against all claims emanating from third parties, which might be due to a fraudulent use of a domain name.
FAN2BOOST covers the costs for the renewal of the offered domain name as long as the Customer's subscription is active. Once the subscription has been stopped, it is the Customer's responsibility to initiate the transfer of his domain name towards a hosting company of his choice. If the transfer is not carried out, the domain name will disappear at the end of its validity period.
FAN2BOOST will invoice the Customer for management fees if the latter demands carrying out modifications to his domain name which are not directly related to the use of FAN2BOOST.
If you register, use or transfer a domain name via FAN2BOOST, you accept that the use of a domain name is subject to the regulations of ICANN.
If the Customer has possessed his domain name before his subscription to FAN2BOOST, the annual cost related to this domain name will be covered by FAN2BOOST insofar as it is transferable and it is actually transferred to the registrar of FAN2BOOST. The customer will have to actively cooperate to the transfer of the domain name.
Article 12. Support
The Customers have access to support exclusively by e-mail and via the communication tool integrated in the Management tool. The support gives the possibility to the Customers of asking questions to FAN2BOOST concerning the use of the tool. Any written, verbal, physical or other threat towards any member or employee of FAN2BOOSTfrom a Customer will result in the immediate cancellation of his account.
Article 13. Cancellation
The Customer may terminate his subscription at any time, immediately and without notice through the button "I end my subscription" in the section "Account" of his Management tool. However, the last started and paid period will not be refunded.
In case of cancellation of the subscription, the account of the Customer remains accessible but does not allow sending Newsletters to the subscribers anymore and his Customer Site is not available on the Internet anymore. However, he can always reactivate his subscription through a new payment, which will reactivate the sending of Newsletters to the subscribers and his Customer Site on the Internet.
In the event of non-respect of these general conditions by the Customer or following any other damage caused by the Customer to FAN2BOOST, FAN2BOOST is authorized to cancel the subscription or to suspend the account of the Customer with immediate effect, without damages for his other rights. This action shall not result in any compensation whatever the possible damage caused by the closing of his account. The possible reactivation of the account of the Customer will be done at FAN2BOOST's discretion.
The Customer whose account was closed by FAN2BOOST is not authorized to open another account without the express consent of FAN2BOOST. Any FAN2BOOST account open by violation of this provision may be immediately closed by FAN2BOOST, without notice.
After cancellation of the account, FAN2BOOST will be able to re-use the names of the Customer's sub-domain for another Customer. The domain name of the Customer remains his property.
FAN2BOOST reserves the right to modify or stop the Services, temporarily or definitively, wholly or partly, without warning.
Article 14. Responsibilities of the Customer
The Customers can communicate Content on their Customer Site and in Newsletters which they send to their subscribers. The Customers provide to FAN2BOOST the explicit authorization to reproduce these Contents on their site and thus make it public via Internet, in the whole world and without time limit, without being able to claim any financial or different kind of compensation or a counterpart.
The Customers are entirely and solely responsible for their Contents and the consequences of their diffusion via their Customer Site or their Newsletters. The Customers guarantee to have all the rights and/or authorizations necessary to the publication of their Contents on their Customer Site and in their Newsletters. The Contents of the Customer cannot contain elements which could mislead the visitor of his site or attack the reputation of another person or entity.
The Customer cannot make use of the Services in an illegal or non-authorized way, nor publish viruses, towards IT or any other harmful code. The Customers shall indemnify FAN2BOOST against complaint, reclamation or action of a third party or of any control authority in connection with their Contents.
FAN2BOOST does not exert preliminary control on the Contents of the Customer. It reserves nevertheless the right not to diffuse or to remove from Customer Sites any illegal content or on the subject of which it might have received a complaint or about which it can be reasonably supposed that it undermines the rights of third parties, without preliminarily informing the Customer who has transmitted the Contents in question.
The Customer commits himself not to engage in any declaration or actions that might bring prejudice to the image and the reputation of FAN2BOOST.
It is prohibited to resell the Services of FAN2BOOST without the written authorization of FAN2BOOST.
Article 15. Responsibilities of FAN2BOOST
FAN2BOOST shall make its best efforts so that the Site is accessible every day 24/7 and under the best conditions in terms of comfort of use. FAN2BOOST shall make its best efforts in order to ensure a maximum quality of services. Taking into account the inherent risks in the technology employed, FAN2BOOST may not be held responsible towards the Customers in case of inaccuracy or of omission in the diffused contents, in the event of faulty operation or of total or partial inaccessibility of the services for whatever reason, and this same in the event of grave error on its part, except under the assumptions and conditions restrictively enumerated hereafter.
FAN2BOOST only assumes obligations of means with regard to the Customers. FAN2BOOST does not guarantee the permanent availability, without error or interruption, of all the Services (including the Customer Sites, the Management tool, and others) nor the immediate repair of the errors or the immediate reinstatement after the interruptions.
A technical problem, such as a virus, an IT bug, a malevolent intrusion, an attack by refusal of service, or a dysfunction of the Web site and/or of the software or data bases which it contains cannot be completely excluded.
FAN2BOOST is in no case to be held responsible for the direct and/or indirect damage, such as commercial loss, loss of customers, any commercial disruption, loss of benefits, loss of public image suffered by a Customer, or a third party, and which could result from the services of FAN2BOOST or from the implementation of the Services of FAN2BOOST, or its unavailability, even in the event of grave error of FAN2BOOST.
On the assumption that the responsibility for FAN2BOOST could despite everything be committed, the compensation may in no case exceed an amount equivalent to one month of the Customer's subscription to the Service of FAN2BOOST and could not in any case cover an indirect damage of whatsoever nature.
When he considers it useful to ensure the quality of the offered services, FAN2BOOST will have faculty to interrupt the access to the Site in order to ensure its maintenance. The Customers are aware of the need for ensuring a regular maintenance of the Web site. Consequently, the responsibility for FAN2BOOST could in no case be retained for any damage whatsoever that might result from an interruption of the services for purposes of Site maintenance, even in the event of grave error of FAN2BOOST.
FAN2BOOST shall by no means exert any control or carry out any selection on the Contents and Newsletters of the Customers. The Customers only assume the responsibility for the Contents and Newsletters which they diffuse. FAN2BOOST cannot thus in any case to be held responsible for any infringement of the rights of a third party due to the Contents or Newsletters of a Customer. If information and/or declarations appearing in a Customer Site or Newsletter undermine the rights of a third party (including another Customer), this must address any complaint directly to the Customer who is the author of these Contents or this Newsletter. If the claimant proves that the Contact Details are inaccurate, FAN2BOOST commits to communicating to him the information at its disposal and which could be useful for the identification of the respective Customer. FAN2BOOST cannot, however, guarantee the practical possibility of identifying the Customer which would have thus communicated false contact information.
FAN2BOOST does not intervene at all in the communications between the Customers and the visitors of their Customer Site or who subscribed to their Newsletters. Unless otherwise specified, FAN2BOOST does not sell any good and does not propose any service other than the Services expressly described under the present general conditions or on the Site.
In some of its sections, the Site contains hyperlinks towards contents emanating from third parties or towards Web sites operated by thirds parties. FAN2BOOST is not responsible for the quality or for the exactitude of these contents or of these Web sites. FAN2BOOST cannot be taken to be endorsing, publishing or authorizing these Web sites or these contents. Consequently, the owners of these sites are solely responsible for the respect of the legislation and regulations applicable to the products and services which they offer on their site.
The statistics presented by FAN2BOOST in the Management tool are only for general information and cannot be the subject of legal proceedings in the event of default.
FAN2BOOST shall not be held responsible in any case for services provided by thirds, nor does it provide any guarantee for these services.
Article 16. Integrality, Absence of Renunciation and Partial Disability
The present general conditions contain the entirety of engagements of the parts. No document, project, mail, or document of any nature whatsoever cannot be invoked in order to try inferring the existence of a different or complementary engagement to those subscribed under the present ones.
No act, behaviour, tolerance or omission on behalf of FAN2BOOST could be interpreted like a renunciation, even partial, of its part to the strict and integral execution of the provisions of these general conditions as well as of particular conditions which complete them.
In the event of invalidation, of unenforceability or partial or total nullity of one or the other of the clauses of these conditions, the other provisions of present are by no means affected and consequently continue to remain fully in force.
Article 17. Confidentiality
The Customer commits to respecting the strictest confidentiality concerning the whole of the techniques, commercial or of any other nature about which the Customer has been informed within the framework of the execution of Service of FAN2BOOST. This obligation of confidentiality will remain in force throughout the period of subscription for the FAN2BOOST Service and after its end whatever the cause may be. This obligation of confidentiality does not apply to information which is or becomes publicly available without the Customer's fault.
Article 18. Quotation, Promotion and Publicity
FAN2BOOST will be able to quote the name of the Customer Site and present one or more pages of this Internet site throughout the period of the contractual relation for the needs of presentation, promotion, publicity and/or marketing relating to its activities and/or its Services. By the present, the Customer delivers all the necessary authorizations to FAN2BOOST for this purpose.
Article 19. Third Party Applications
The Site integrates applications belonging to third parties (for example Facebook). These applications are subjected to their own general conditions of use. FAN2BOOST does not assume any responsibility in connection therewith.
Article 20. Intellectual Property
Any element of this Site, such as the texts, graphs, logos, icons, images, audio-visual clips and software, are the property of FAN2BOOST or of its content providers and are protected by copyright. The compilation (i.e. collection, arrangement and assembly) of any element of this Site is the exclusive property of FAN2BOOST or of its software providers and is protected by copyright. Any software used on this Site is the property of FAN2BOOST or of its software providers and is protected by copyright. The contents and the software of this Site can be only used within the framework of the use of the Services of FAN2BOOST. Any other use, including the reproduction, the modification, the distribution, the transmission, the republication, the exposure or the execution of the contents of this Site is strictly prohibited.
"Fan2Boost" and "ChefMinute" are commercial names and/or trademarks belonging to FAN2BOOST and the other graphs, logos and names of service are distinctive signs belonging to FAN2BOOST. These signs cannot be used in relation to products or services which do not belong to FAN2BOOST, in a way likely to create confusion among the customers or to discredit or denigrate FAN2BOOST.
Article 21. Transfer of the Rights and Obligations
It is prohibited to the Customer to yield to a third party the whole or part of his rights and obligations resulting from these general conditions without prior agreement, express and written by FAN2BOOST. FAN2BOOST is authorized, without authorization, to yield to a third party the whole or part of its rights and obligations resulting from these general conditions.
The provisions of these general conditions, subject to the restrictions on the right of transfer which are included in them, will benefit to the parties and will be binding upon them, as well as their respective heirs, legal representatives, successors and assignees.
Article 22. Applicable Law and Jurisdiction
The present general conditions will be governed and interpreted in accordance with the Belgian Law and will be subjected to the exclusive competence of the courts of Nivelles.
In the event of a dispute, the parties agree that the production by FAN2BOOST of the recordings on its servers of the use of the Site and its Services will be accepted by both parties.