Factures.com is a service provided by SPRL Dandy Coding,
In the following document, "Factures.com" is used to designate the service provided and/or the providers of this service (SPRL Dandy Coding).
These Terms of Service ("Terms") govern the use of Factures.com's website, accessible at factures.com.
Factures.com reserves the right to update and modify these Terms at any time. Any new features that may be added to Factures.com are also subject to these Terms. The continued use of Factures.com after any update of these Terms implies that the client agrees with these updated Terms. Any update to these Terms will be specifically mentioned in Factures.com's interface or by e-mail to all clients.
These Terms are cancelling and replacing any other previous proposition or agreement relating to the same object. There can be no derogation to these Terms without the express agreement of Factures.com. The failure of Factures.com to enforce these Terms shall never be deemed a waiver to enforce them at a later time.
These Terms immediately apply to any contract between Factures.com and its clients, even to those already existing.
Factures.com may subcontract all or any of its performance obligations relating to this contract and may transfer all or any of the contracts to a third party.
Factures.com is a paid service that can only be accessed online via the World Wide Web. It allows freelances and businesses to manage their invoicing and their clients.
Factures.com is not intended to replace any of the services existing in the client's business. The advices that Factures.com may give only concern the use of this software and should not in any case be considered as advices for the organization or management of the clients and services of the business.
The software provided by Factures.com is a standard software. By using this software, the client fully understands that Factures.com may not meet the specific needs of their activity or business.
Conditions required for creating an account on Factures.com:
Any user must declare on their sole responsibility to
After the creation of an account, the managers of this account may invite other users from their company / work group to register and gain access to this account. The client is responsible for the management of their users and of the rights they are granted on their Factures.com accounts.
By subscribing to Factures.com, the client acknowledges and agrees to use it exclusively for professional purposes, excluding any personal use that could qualify them to be a "consumer" as defined by the Belgian Law on market practices.
The client declares to have knowledge of the following characteristics and limitations of the Internet:
The client is solely responsible for any direct or indirect, material or immaterial damages that they (or their employees) may cause to Factures.com by using the hosting server, illegally or not. In the cases mentioned above, the client agrees to offer compensation to Factures.com in the event that Factures.com were convicted to pay any damages (including, without limitation, court, lawyer and solicitor fees). In addition, the client agrees to reimburse Factures.com for any costs that may result from the repairing of the damages they have caused.
The contract takes effect on the day of the client's registration. It is subscribed for the duration chosen by the client upon the final step of their registration (upon first payment). The minimum contract period is one month.
After this period, the contract shall be automatically renewed for the same duration as originally subscribed.
However, the client may decide, at any time and unconditionally, to cancel the automatic renewal of the contract. In order to do so, the client should log in with their administrator ID and access the administration interface of their account, where this operation can be performed (account deletion).
The amounts due will be automatically charged at the start of each period (month or year) to the credit card linked to the client's account. It is the client's responsibility to anticipate the end of a contract period, and any consequences are the client's sole responsibility.
In the event that the client chooses to delete their account, no refund or credit will be granted for unused or partially used months.
The subscription plans presented on Factures.com's website are governed by these Terms and are valid for any product or service for as long as it remains online. Factures.com reserves the right to discontinue the commercialization of the software. In this case, the client will be notified through all means of communication and will either continue to have access to the software for the duration of their subscription, or have at least a one-month notice before access to the software is permanently discontinued. During this period, it will be the client's responsibility to take all required measures in order to back up their data. In the event that the commercialization of Factures.com is discontinued, Factures.com will not offer any redress or compensation to the client.
Factures.com may update the software without notice, in order to make improvements and updates it deems appropriate or necessary. The client waives the right to demand any compensation from Factures.com for any change in the software.
In case the client fails to pay any of their invoices, or in case of non-compliance with any of the provisions in these Terms, Factures.com reserves the right to suspend the subscriber's access to Factures.com immediately without notice, until full payment of the amounts due, or until compliance with the provisions of these Terms.
Violation of all or part of these Terms may result, immediately and without notice, in the temporary or permanent deactivation of the client's Factures.com account, without prejudice to any of Factures.com's other rights, including its right to claim damages for the harm sustained.
By registering, the client accepts that Factures.com may store, process and use data collected during the registration and those required for Factures.com to invoice the client. The client's information is used exclusively for Factures.com's operation. The client has the right to access, change, correct and delete their information. This information will never be transferred to any third party. Any claim relating to the information stored by Factures.com should be addressed to SPRL Dandy Coding,
Any data belonging to the client and stored in Factures.com (clients, invoices, estimates, etc.) are and remain the client's property. Factures.com agrees to keep the data strictly private, not to make any copy of it, except for technical reasons, and not to use it for any other purposes than those mentioned in these Terms.
The client is solely responsible for the data they transmit to Factures.com for hosting purposes or for the use of the software. The client guarantees that they are the owner of the data or that they have the right to use it and transfer it to Factures.com. The client also guarantees the legality of the data.
The client expressly guarantees Factures.com against any claim or recourse from third parties, for any reason, relating to the subscriber's registration to Factures.com or to data transmitted to Factures.com by the subscriber. If the client's guarantee were called by Factures.com due to recourse from a third party, all of Factures.com's legal costs, including lawyer fees, shall be paid by the subscriber.
Factures.com can be accessed through an encrypted connection (SSL).
The personal data collected by Factures.com are stored in a secure environment. The people working for Factures.com are required to respect the privacy of the client's information.
The account data of Factures.com's users (user accounts, clients, invoices, estimates, etc.) are backed up several times a day on an external backup server and are encrypted before transfer.
The servers hosting Factures.com are equipped with a firewall software.
Factures.com is committed to maintaining a high level of privacy by implementing the latest technological innovations to ensure transaction privacy. However, considering that no system can ever offer total security, there always remains an element of risk when using the Internet to transmit personal data.
Factures.com cannot and will not be liable for any loss of the client's data, even in case of software or server failures. The client is fully aware that they should, at all times, keep an up-to-date copy on their local system of any data transmitted to Factures.com.
Factures.com agrees to a best efforts obligation toward its clients and limits its liability to cases of intentional fault or serious misconduct, and only up to the amounts actually paid by the client for Factures.com's services, for the current contract period.
Online payment and credit card charging services are not managed by Factures.com itself but by a reputed online payment service provider (Stripe). Factures.com will never store not have access to the client's credit card information, which will only be stored by this service provider. All communications with the provider of online payment services are encrypted, and all parties involved in these communications comply with the PCI-DSS security standard.
Factures.com may work with any other reputed payment service provider. However, Factures.com cannot be liable for that provider's organization and possible failures.
Prices are communicated by Factures.com and are valid for the initial period of the client's registration. Factures.com reserves the right to modify its prices for subsequent periods without notice.
In the event of the client's default of payment on the due date, their access to Factures.com may be discontinued without notice.
Any amount unpaid on the due date will produce, by law and without formal notice, a default interest with a 1% monthly rate from the due date of the invoice, with full payment required for each month that has begun. In addition, any amount unpaid on the due date will be increased, by law and without formal notice, by an irrevocable, fixed, default compensation of 12% of the outstanding balance, with a minimum of 50 €, notwithstanding any other damages and/or interests. Any partial payment shall first cover the costs, then the interests due and finally the balance, in accordance with Article 1254 of the Civil Code, notwithstanding the content of any count or any intermediate imputation previously disclosed.
The use of Factures.com requires a broadband Internet connection and an email address (not included in the service provided by Factures.com).
Factures.com is compatible with the following browsers:
The client's browser must have JavaScript enabled and allow cookies for Factures.com to function properly.
Factures.com cannot guarantee that its software will be compatible with the client's hardware and software, for which the client is solely responsible.
The clients can manage and access some of the data from their Factures.com account through an API. Any use of this API, including its use by a third-party product accessing Factures.com, is bound by these Terms and by the following specific terms:
Factures.com cannot and will not be liable for any failure to fulfill part or all of its obligations as defined in these Terms resulting from a force majeure.
For the purpose of these Terms, force majeure is defined as any unpredictable and/or unavoidable event beyond Factures.com's control, such as a failure of the hosting servers, for example.
If the fulfillment of the contract, or of any obligation of Factures.com under these Terms, is prevented, restricted or disrupted due to a force majeure, Factures.com will then be exempted from fulfilling the related contractual obligations.
In this case, Factures.com may request the termination of this contract, without being obliged to pay any compensation, and retaining the benefit of the amounts due on the date of the termination request.
In any case, the party at fault due to a force majeure shall keep the other party informed regularly of the prognoses of deletion or restoring from this force majeure, and the obligations resulting from this contract shall be suspended for the duration of the force majeure.
The trade name "Factures.com" is the exclusive property of the company "SPRL Dandy Coding". The same applies to all the variations of this name, as well as to any use and logos related to Factures.com.
All elements of Factures.com's website, whether or not accessible to the user of the software, are the exclusive property of Factures.com. This applies, among others, to the software, databases, pages of the website (texts, images, graphics, icons, sounds, videos), management tools, platform, as well as any tool or information made available to the client.
Unless it has been expressly allowed by Factures.com, it is strictly forbidden for the client, for their employees or for any person to whom the client grants access to Factures.com, to:
The client's subscription gives them the right to use the software for the duration of the subscription, excluding any other rights.
Unless the client expressly objects to it, Factures.com is allowed to mention its clients, for marketing and advertising purposes, on any media, including its website, and to list the names, logos and extracts of its clients' comments, if any.
Factures.com agrees to a best efforts obligation.
Factures.com undertakes to make every effort possible to provide its clients with quality service.
Despite all the care taken by Factures.com to ensure the continuity of the service (24/7), disruptions of service remain possible, due to failures or malfunctions of the hosting servers, or to necessary or relevant maintenance operations, for which Factures.com is not liable.
Factures.com cannot and will not be liable for any damage caused to the client or to a third party by the use of the software or any other service provided by Factures.com, regardless of the cause, except for intentional fault or serious misconduct on Factures.com's part.
The preceding paragraph applies in particular to Factures.com's print/send service, for which Factures.com prints the client's documents and sends them by post mail in stamped envelopes. The sending of the documents by post mail will be sufficiently justified by Factures.com's declaration, and Factures.com cannot and will not be liable for any delivery delay or failure resulting from a malfunction on the part of postal services.
Factures.com cannot and will not be liable for any information theft, whether physical (theft of documents) or electronic (viruses, spyware, hacking), or for any of the consequences that the information may cause to the client, despite any precautions taken. The client acknowledges the possibility of this risk and retains the right not to disclose to Factures.com any information that they may deem too strategic or vulnerable.
In all case where Factures.com's liability may be challenged and established, only intentional faults and serious misconducts on Factures.com's part may be charged. In this case, the total compensation payable by Factures.com may not, by express agreement, exceed the amount charged for the period during which the damage occurred. Factures.com cannot and will not be liable in any case for indirect damages not resulting directly and exclusively from a malfunction of the service provided by Factures.com, such as commercial losses, loss of orders or profits, damage to brand image, etc.
Any claim from the client against Factures.com must be made by e-mail message within 48 hours after the event and confirmed by registered post letter within 48 hours after sending this e-mail message, otherwise it becomes null and void.
This contract is subject to the Belgian law. The contracts between Factures.com and its clients are written in French, and only the French versions of these contracts are legally binding. Any contracts or Terms written in any other language will only be considered as translations for commercial and information purposes. In case of discrepancy between the French text and its translation, the French text shall prevail.
The parties agree that any disagreement or dispute relating to this convention or resulting from its interpretation or application shall be brought to mediation, without prejudice to any protective measure that may exist. For this purpose, the parties hereto agree to take part in at least one mediation meeting by delegating a person with the power to decide. The accredited mediator shall be selected by the parties from a list of mediators accredited by the SPF Justice ( Commission fédérale belge de médiation - Belgian Federal Mediation Commission).
If the parties fail to reach an amicable agreement, and for any protective measure that may exist, any dispute relating to the application or the interpretation of this convention shall be within the exclusive jurisdiction of the Mons judicial district (Belgium).