These general conditions ("General Conditions") of UnifiedPost NV, Avenue Reine Astrid 92A, 1310 La Hulpe, RPR 0471.730.20 govern the provision and use of the services of UnifiedPost ("UnifiedPost Services") in the context of "MyUnifiedPost" for its users ("User"). The User agrees to waive his own general and special conditions, even where it is specified therein that only these are applicable.
Subject to a different meaning that may arise from the context of a specific provision, the following definitions apply:
"Username" means the User ID used by the User which, together with the Password, provides access to MyUnifiedPost and
which belongs exclusively to him
"Manual" is the user manual and documentation made available (on the Website)
"User" means the person who, personally or professionally, has a MyUnifiedPost account. The User can be a natural
person as well as a legal person
"Customer Service" is the Customer Service of UnifiedPost, which can be contacted by email via help@unifiedpost.com
"MyUnifiedPost account" means the personal account for communication that is made available by UnifiedPost NV for the use of
UnifiedPost Services
"Terminal" means the equipment (computer, modem, ...) and the software (browser, email software, ...) with which the User
can set up a connection with MyUnifiedPost via a telecommunications network
"Access tools" means the Username and the Password and/or the electronic identity card (eID)
"UnifiedPost Service(s)" are the services to which the General Conditions refer and which are accessible from a MyUnifiedPost account
"Password" means the personal, exclusive and confidential code which, together with the Username, provides access to MyUnifiedPost
"Website" means the website my.unifiedpost.com
"Sender" is the sender who sends or makes available electronic documents (such as invoices) electronically to the User via MyUnifiedPost,
as applicable to an underlying agreement between the User and Sender
The use of UnifiedPost Services is subject to the prior registration of the User in accordance with the provisions that are in force at the time of registration. The User guarantees that all the data submitted are correct. The User acknowledges and agrees that UnifiedPost has no responsibility whatsoever with regard to him in the matter of verification of the data submitted by the User. The User, and not UnifiedPost, is liable for all damages resulting from the communication of incorrect or incomplete data. Where possible the User himself will make the necessary amendments to his profile in accordance with the modalities that are available for this. If this possibility is not available to him, the User must promptly inform UnifiedPost of any change since his registration via email (help@unifiedpost.com). UnifiedPost undertakes to process any changes in these data communicated by the User as quickly as possible. In the absence of notification to UnifiedPost as specified above, UnifiedPost has the right to deny the User access to UnifiedPost Services or to terminate this agreement immediately and automatically, without prior proof of default.
The UnifiedPost Services offered are:
"Document Archiving": UnifiedPost can archive all electronic documents for the statutory period and in accordance with the applicable European and Belgian legal requirements. This entails that a correct indication has to be provided indicating which type of document it is and that each document that is archived can be retrieved online during the entire statutory storage period. The documents archived can be retrieved using the personal MyUnifiedPost account.
"Document Conversion": UnifiedPost converts incoming files into a standard format that can be read by the User or uploaded into his administrative system. These different formats of a single document, if applicable, are made available in the personal MyUnifiedPost account of the User.
"Document Receiving Service": UnifiedPost receives electronic documents in the name of the User, which are placed in his MyUnifiedPost account. The User has access to his personal MyUnifiedPost account at all times and, under his responsibility, can also give access to his documents to third parties. This takes place by means of invitations sent by the User to these third parties. An email with a link is created and the third party invited requires an access code.
Subject to the right of UnifiedPost to change its services offering, the detailed description of services is available to the User on the Website of UnifiedPost and is updated regularly. The access and use of UnifiedPost Services are subject to the technical limitations of the computer of the User and the connection with the Internet. The User is solely responsible for the non-compliance of the technical limitations and of the use of his hardware or software to gain access to UnifiedPost Services.
UnifiedPost takes all due care for the development of programs and software for access to UnifiedPost Services. UnifiedPost will install the necessary up-to-date security systems and take appropriate measures to guarantee the integrity of messages or documents whenever these are sent though UnifiedPost or archived by UnifiedPost. Nevertheless UnifiedPost cannot guarantee that security is ensured in all circumstances. UnifiedPost has the right to modify its security techniques and procedures according to their constant evolution, and can thereby insist that users use a specific type of communications software or hardware that supports the technique employed. With regard to the storage and security of the MyUnifiedPost account and the messages and documents received or uploaded by the User, UnifiedPost can perform an automatic check for the presence of viruses in the MyUnifiedPost account and in the messages and documents received. Nevertheless UnifiedPost gives no guarantee for this check. The User is required to use the appropriate tools to ensure the security of his Terminal. All guarantees explicitly stated in this agreement are the only guarantee from UnifiedPost with regard to the supply of the UnifiedPost Services, and are given instead of all other guarantees, including implicit guarantees, guarantees of non-infringement of the rights of third parties or of suitability for a specific purpose. Subject to any provisions to the contrary, UnifiedPost cannot however guarantee that UnifiedPost Services will meet the expectations, objectives or the specific requirements of the User.
UnifiedPost can interrupt the availability of UnifiedPost Services for, among other things, maintenance reasons. Such an interruption will be announced as much as possible in any manner that UnifiedPost deems appropriate. This interruption of services can in no way result in the liability of UnifiedPost or give rise to any right to compensation for damages. Such interruptions will not take more than a reasonably acceptable period of time.
UnifiedPost places at the User's disposal a set of online and offline aids without any guarantee of results: a manual, a FAQ list, and the option of contacting Customer Service, by email (help@unifiedpost.com).
Any complaints and questions can de directed to: Customer Service, UnifiedPost NV, Avenue Reine Astrid 92A, 1310 La Hulpe. The User must immediately notify UnifiedPost of any loss or theft, or breach of confidentiality, or any risk of abuse of the Access Tools.
The User can report his complaint to the UnifiedPost User Service by email. Due to the fact that the User endorses the agreement, he agrees that UnifiedPost can send any correspondence with the User in electronic form to the MyUnifiedPost account of the User, with the presumption that it is received and read.
The User will be able to apply the same presumption for his correspondence with UnifiedPost whenever he sends messages to the UnifiedPost Customer Service using the Website, unless it was explicitly stipulated that a registered letter must be sent by post.
A notification service via email is available for the User. This service can be installed by the Sender and can be modified by the User afterwards.
The currrent MyUnifiedPost services are available to the User free of charge. If the MyUnifiedPost services become payable to the User, the user will be warned. If the MyUnifiedPost services, which are currently offered for free, will become payable services, the User can at any time end this agreement without any costs to the User. The tariffs can be amended on condition that the User was notified of the new tariffs one (1) month before taking effect. The User is responsible for the choice, purchase and operation of the hardware, software and/or the telecommunications services that are necessary to set up the connection with his MyUnifiedPost account and to use the UnifiedPost Services.
All the prices and tariffs stated are exclusive of VAT, unless otherwise stated. Invoices are payable when due, ten (10) days after the invoice date, at the place of the issuing office of UnifiedPost. If the invoices are not paid on the required payment due date, then, without prior proof of default, an interest rate of 1% is due at the beginning of each month, as well as flat-rate damages amounting to 10% with a minimum of 125 euros, without prejudice to the other rights and legal remedies of UnifiedPost. Any dispute concerning invoices must be submitted in writing within fifteen (15) days after receipt of the invoice. Once this period has expired, the dispute will be deemed unacceptable and the invoice will be deemed to be irrevocably and completely accepted. The parties agree to employ a yearly price index mechanism based on the monthly "Agoria index (countrywide average) for labour costs and social security contributions of 11/07/1981, with cost reductions -37 916 BEF" ("Agoria index"). The UnifiedPost invoices and credit notes may be sent electronically via a platform chosen by UnifiedPost and the User shall be deemed to have accepted this.
UnifiedPost undertakes to obey the law of 8 December 1992 for protecting personal privacy with regard to the processing of personal data, as further described in detail in the Privacy policy available on the Website of UnifiedPost.
The User hereby gives UnifiedPost, and also the Senders of electronic documents who are selected by the User, specific and explicit consent to process his personal data for the following purposes:
The User guarantees to have obtained all prior, individual and necessary approvals and consent from any third parties (e.g. users from the User or the third party to whom the User wishes to give access) in order to allow UnifiedPost to process such personal data. Persons who do not wish to receive messages from UnifiedPost in the context of direct marketing activities can request at any time, free of charge, to be included in the list created for this purpose.
The User undertakes to use the Services of UnifiedPost in accordance with the provisions of this agreement, the technical specifications of UnifiedPost, and national and international regulations. In particular, the User will declare that he will not post, download, upload, send or distribute any message (i) that can signify an attack on the dignity of the human person or the private lives of persons; (ii) that encourages the perpetration of crimes; (iii) that encourages the use of prohibited products; (iv) that incites or can incite discrimination, hate, or violence based on race, origin, religious beliefs or xenophobia; (v) that is misleading, offensive, insulting, obscene or threatening; (vi) that violates the rights of third parties and/or UnifiedPost; (vii) that contains viruses or any other such code or program that can disrupt, destroy or limit the functionality of any program, computer or telecommunications tools; and the User also undertakes (viii) not to change the data relating to the User, with the intent of concealing the origin of a message sent via UnifiedPost; (ix) not to interfere with the operation of UnifiedPost Services; (x) not to assign or transfer the use of UnifiedPost Services to others, in any way whatsoever; (xi) not to attempt to gain illegal access to the User data of UnifiedPost; (xii) not to read electronic messages that are addressed to third parties and to comply with the principles of the confidentiality of telecommunications and mail; (xiii) not to collect the UnifiedPost addresses of other users with a view to commercialization or exploitation; (xiv) not to use UnifiedPost for sending unwanted messages and namely unsolicited commercial communications and (xv) not to break the law regarding information technology crimes.
The User is liable for any damage caused by himself to UnifiedPost or to third parties. The User undertakes to indemnify and compensate UnifiedPost for any request, any claim or conviction for damages in which UnifiedPost should be the subject as a result of the non-compliance of contractual provisions, or due to the conduct or messages that the User distributes by making use of UnifiedPost Services. In these circumstances the User shall agree to render all necessary assistance and to voluntarily intervene if UnifiedPost deems it useful. The User indemnifies UnifiedPost against all actions, claims or demands from third parties that allege a violation of their rights because of the use that the User makes of the UnifiedPost Services, or as a result of measures taken by UnifiedPost to end this alleged violation.
The User is responsible for the use of his Access Tools and the use of MyUnifiedPost. The sending, consultation or deleting of messages that are addressed to the User, or that the User sends, is entirely the responsibility of the User. The User is solely responsible for any sending of confidential data, carried out by means of the UnifiedPost Services. The User is solely responsible for clearing his electronic MyUnifiedPost mailbox each month. The User is solely responsible for communicating to the Senders of electronic documents that he does not wish to receive any more messages.
The CusUsertomer can appoint an administrative user ("Administrator"). Through his access to privileged sections of the MyUnifiedPost account, the Administrator can change access rights for documents and invite third parties to have access to the MyUnifiedPost of the User. The User hereby confirms that the designated Administrator has full authority to carry out all the activities and tasks assigned to him. Neither UnifiedPost, nor any commercial partner of UnifiedPost, nor the Sender, are liable for the actions and negligence of the Administrator. The User agrees that the Administrator is authorized to act on behalf of the User.
The use of UnifiedPost Services is personal and non-transferable. The User and UnifiedPost acknowledge that any access with the personal Access Tools are deemed to have originated from the User himself and that the access procedures agreed by the User and UnifiedPost constitute proof of the identity of the User and of his approval of the content and consequences of the messages sent. UnifiedPost records access to UnifiedPost Services only for the purposes of possible billing and to be able to detect any problems.
The secured access to UnifiedPost requires the combination of a Username and a Password or other means of identification recognized by UnifiedPost, such as, if possible and available, the electronic identity card (eID). The User undertakes to meticulously comply with the procedures that are laid down in the documentation communicated. The User is solely responsible for the confidentiality, security and appropriate use of the Access Tools. The User will take all precautionary measures to protect his Access Tools. As soon as the User becomes aware of the loss, theft or any risk of abuse of his Access Tools, he shall report this without delay. If UnifiedPost has reasons to believe that the confidentiality and/or security of the Access Tools have been compromised or that UnifiedPost Services are being abused, UnifiedPost can suspend these.
The Parties agree that all obligations in this agreement of UnifiedPost are qualified as an obligation of means.
UnifiedPost is liable to the User for direct damage caused by it committing a serious error, intent or mistake in the execution of the agreement.
The liability of UnifiedPost to the User shall under no circumstances give rise to compensation for indirect damage of a financial, commercial or other nature, such as loss of
time, loss of profits, increase in general costs, claims from third parties, loss of data, reputation or anticipated savings.
In the event that UnifiedPost should be held liable and bound to make compensation for the damage, this liability shall in any case be limited to the repair of the direct damage
proven. The total and cumulative liability that UnifiedPost can incur shall under no circumstances exceed 2,500 euros per damage and per year, irrespective of the seriousness of
the error. The limits foreseen in this paragraph are not applicable in the event of physical damage to the User (injury and/or death) caused by UnifiedPost. UnifiedPost is
not party to and is not responsible for the content or validity of messages or transactions which, through the use of UnifiedPost Services, are sent or come into being between
the User and a third party.
UnifiedPost is not responsible for products of the User or products and services of third parties. UnifiedPost can be held liable neither for the continued failure of
infrastructure (software and hardware) that is not under the full supervision of UnifiedPost, nor for any change, suspension or disruption of UnifiedPost Services. The User
agrees that UnifiedPost is not liable for the faulty storage, deletion, non-opening or non-consultation of messages, uploaded files or any other information uploaded by the
recipient himself.
Subject to any provisions to the contrary, which are applicable should the need arise, any complaint concerning the Services must be reported in writing or via UnifiedPost
within thirty (30) days after the User has knowledge of or could reasonably have had knowledge of the fact that gave rise to the complaint. After the expiry of this
period the complaint is deemed to be inadmissible.
Neither the User nor UnifiedPost are responsible for damage caused by the non-compliance or delay in the compliance of obligations resulting from force majeure, including war,
revolt, terrorism, attacks, strikes, social conflicts, accidents, fire, floods and telecommunications breakdowns.
The availability of UnifiedPost Services can be suspended in the case of events over which UnifiedPost has no reasonable control. The disruption and its consequences will under
no circumstances lead to a right of compensation. UnifiedPost will make an effort to inform the User about defects within a reasonable period of time in a manner that
UnifiedPost deems appropriate. UnifiedPost will also attempt to limit the duration of such disruptions in a reasonable manner. If the UnifiedPost Services are disrupted because
of a case of force majeure for a period of more than thirty (30) consecutive days, then each party can decide to cancel the service hit by the case of force majeure, with a notice
period of fifteen (15) days.
This agreement comes into operation at the moment that the User has registered for MyUnifiedPost and this registration has been accepted by UnifiedPost. Subject to any provisions to the contrary in this agreement, the agreement is entered into for an unspecified period.
If the User and/or one of his users does not comply with an obligation arising from the agreement, UnifiedPost may suspend performing its obligations if this failure is not
rectified within fifteen (15) days from the date of dispatch of a proof of default. The suspension ceases as soon as the User and/or his users resume with the compliance of
the obligations.
In the event of a repeated or serious infringement or in the event of a risk of infringement by the User and/or one of his users of the provisions of this agreement,
UnifiedPost has the right to suspend access to UnifiedPost Services, wholly or partially, with immediate effect, without proof of default and without awarding any right to
compensation to the User.
Each party can, without prejudice to its right to full compensation, legally terminate the agreement without additional proof of default, with immediate effect, if the other party does not comply with an essential obligation from the agreement and if this failure is not rectified within thirty (30) days after sending the proof of default. Parties agree that the non-compliance of the obligations with regard to payment, obligations concerning intellectual property rights and identification data must be deemed to be essential obligations from the agreement. The agreement is legally terminated with immediate effect in the event of termination of activities, bankruptcy or liquidation. Should the need arise, all sums paid by the party undergoing discontinuation of activities or bankruptcy or any similar procedure are acquired irrevocably to the benefit of UnifiedPost.
A unilateral termination by the User can never give rise to a reimbursement of the sums already paid by him.
If UnifiedPost receives a complaint from a third party, in whatsoever form, in which it is alleged that the use that the User is making of UnifiedPost Services infringes
on the rights of the third party, then UnifiedPost will send the User notification of this complaint by email or by letter. In the absence of a satisfactory response
from the User within five (5) days, UnifiedPost can suspend the access of the User to his UnifiedPost Services without this giving the User the right to compensation.
If the User reacts satisfactorily to the complaint within five (5) days, then UnifiedPost has the right to disclose all the information that the User can communicate
as justification to the third party. If the third party can argue in all reasonableness that the information is not satisfactory, then UnifiedPost has the right to suspend
the access of the User to its UnifiedPost Services, without this giving the User the right to compensation.
The User acknowledges that in the event of an infringement that he has committed by use of the services of UnifiedPost, UnifiedPost may become obliged at the request of
the proper authorities to suspend the services.
In the event of the death of a User or of a change in his competence, UnifiedPost must be notified of this as quickly as possible. If this announcement takes place verbally, it must be confirmed in writing. As from the receipt of the notification, UnifiedPost will immediately suspend the provision of UnifiedPost Services and in particular the use of MyUnifiedPost. On submission of an official certificate for the settlement of the case, UnifiedPost can divert the content of the MyUnifiedPost account of the User to the legal representatives. Under no circumstances can UnifiedPost become liable for the further sending in good faith of the content of the MyUnifiedPost account.
In the event of a termination of this agreement, UnifiedPost will allow the User a reasonable period to consult, save or print the messages in his MyUnifiedPost account
on data carriers of the User. However, at no time or in no way whatsoever will UnifiedPost be responsible for printing or storing these messages. After the expiry of
this period all the messages and the content of the MyUnifiedPost account of the User will be destroyed, except for the documents for which the legal archiving period already has been paid.
The termination of this agreement does not indemnify the User from his obligations, including financial obligations to UnifiedPost.
UnifiedPost is and remains the owner or rightful claimant of the intellectual and industrial property rights and the knowhow that go with UnifiedPost Services, and remains free
to use these for all other purposes. No rights are granted to the User other than those explicitly stated in the agreement.
UnifiedPost extends to the User a non-transferrable, limited, non-exclusive licence, for use of the Website and associated documentation, from the time the agreement comes
into force and for its duration. The use is restricted to the professional and/or private purposes of the User himself.
If the software of the UnifiedPost Services contains components, the rights of which belong to third parties, these third parties can ask the User to sign a separate
licensing contract. In that case the User undertakes to sign the contract presented to him.
In the event of termination or suspension of UnifiedPost Services, the licences linked to them are also immediately terminated or suspended.
In the event of a complaint from a third party relating to an infringement by UnifiedPost on the intellectual rights of third parties, the User undertakes to immediately
inform UnifiedPost of such a complaint, provide all information and assistance and grant UnifiedPost the right to pursue any possible legal proceedings and negotiations.
If UnifiedPost judges that some program could have committed an infringement on the intellectual property rights of a third party, only UnifiedPost has the choice of either
to modify the infringing program so that there is no longer any question of an infringement, or to acquire the right for the User to continue using the program, or, if
UnifiedPost judges that neither of the two options is feasible, to terminate the usage right for the program concerned and to reimburse the fee already paid to UnifiedPost
for such a program for the 12 months previous to the claim arising
Without prejudicing the rights of the user on the basis of the legislation concerning the protection of computer programs, the User is not allowed:
UnifiedPost retains the exclusive right to correct faults.
UnifiedPost keeps a log in which it saves data relating solely to the use of UnifiedPost Services provided. This log can be reproduced on paper or on any other data carrier. It proves that access to UnifiedPost Services was provided, unless the User can prove to the contrary. Extracts or copies relating to transactions of the User, which are supplied at his request and for legal reasons, are billed according to the tariffs in force..
The User can indicate on the Website from which Sender he wishes to receive documents electronically. The User alone, and not UnifiedPost, is responsible for his relation with the Senders of electronic documents with regard to registration, receipt, reading the messages sent and the discontinuation of the sending. The User is responsible for the timely opening and appropriate settlement (e.g. invoice) of the electronic message sent by the Sender, as specified in any agreement between the Sender and the User. Without prejudice to the conditions of any agreement between the User and the Sender, the User is free at any time to select or deselect a Sender and not to receive any more messages from a specific Sender. The User agrees that the Sender has the right at any time to terminate the service of sending electronic messages, with neither the Sender nor UnifiedPost being held liable and without it constituting any grounds for compensation to the User.
In the event of a merger, absorption or take-over of UnifiedPost or its activities, the agreement with the User is automatically transferred to the new entity and the User hereby explicitly agrees to such a transfer. UnifiedPost will inform the User about this in an appropriate manner.
If any provision of these General Conditions is in breach of a statutory or regulatory provision for the protection of a specific category of persons, this provision must be deemed as not applicable to these persons. If a provision of this agreement is found to be or becomes invalid, illegal or non-enforceable, then this provision shall, if possible, and to the extent that this clause is invalid, illegal or non-enforceable, be replaced by a valid, legal and enforceable clause that reflects the original intentions as much as possible. If the invalid, illegal or non-enforceable provision cannot be replaced legally, then this clause cannot be taken into consideration and this clause shall be deemed to form no part of the agreement, and this without affecting or invalidating the remaining provisions of the agreement.
Only Belgian law is applicable to the application, interpretation and execution of this agreement. Only the Court of Nijvel has jurisdiction for all disputes that can arise from this agreement.
In view of the service provision by UnifiedPost and also given the further development of MyUnifiedPost's Services the present General Terms and Conditions, including the rates, may be subject to modifications by UnifiedPost. In the event of such changes, the User will be informed of the change. The User will be notified of any changes at least one (1) month before the proposed modification comes into effect. UnifiedPost reserves the right at all times to make changes to the technical characteristics and specifications of Services, software and/or, if applicable, the corresponding documentation without giving prior notice. The current terms and conditions are valid as from October 5th 2009.