Terms of Service

1. Definitions

• 1.1 DigitalInfra: The sole proprietorship Tiebe Seynhaeve, with enterprise number 1023.076.024, operating under the name DigitalInfra at Tapuitstraat 37, 8790 Waregem.
• 1.2 CrewTime: The online platform for time tracking and workforce planning, offered as a service by DigitalInfra.
• 1.3 Client: Any legal entity or natural person who, in the context of a professional activity, enters into an agreement with DigitalInfra for the use of CrewTime.
• 1.4 Service: The entirety of SaaS services, customer support and additional services delivered by DigitalInfra via the CrewTime platform.
• 1.5 User: Any person who has access to the CrewTime platform via a client account.
• 1.6 External Partner: Third party such as Mollie (payments) or other providers of software or network infrastructure.

2. Applicability

• 2.1 These terms of service apply to all offers, quotations, agreements and deliveries of services by DigitalInfra via the CrewTime platform.
• 2.2 Deviations from these terms are only valid if agreed upon in writing.
• 2.3 By using CrewTime, the client agrees to these terms of service.

3. Services and Responsibilities

• 3.1 DigitalInfra delivers the agreed services in accordance with the technical specifications and within reasonable timeframes.
• 3.2 The client is fully and solely responsible for the correct use of the services and compliance with applicable legislation. DigitalInfra is in no way liable for misuse or damage caused by the client.
• 3.3 Any action via an account assigned or configured by DigitalInfra is deemed to have been performed under the responsibility of the client.
• 3.4 The client may not use the services for illegal, harmful, unethical or disruptive activities.
• 3.5 DigitalInfra reserves the right to suspend or terminate services at any time, temporarily or permanently. This may occur in cases of misuse, non-payment, violation of legal obligations or other reasons that jeopardise the integrity of the service delivery. Before proceeding with suspension or termination, DigitalInfra will, except in cases of immediate danger or serious breach, give the client written notice and a reasonable period to remedy the situation.

4. Third-Party Services

• 4.1 DigitalInfra offers payment and cloud-based services through external partners, including Mollie. These services are provided under the terms of the respective third party.
• 4.2 The client acknowledges that when using such services, they are bound by the licence and usage terms of the third party, and undertakes to comply with them.
• 4.3 DigitalInfra is not liable for damage, data loss, security breaches, interruptions or poor performance resulting from the use of third-party services.

5. Pricing

• 5.1 The prices for CrewTime subscriptions are fixed and listed on the website.
• 5.2 For custom-made services, the client will receive a quotation. Quotations are valid for a period of one (1) month, unless stated otherwise.

6. Payment Terms

• 6.1 Payment must be made before the commencement or activation of the service or the new subscription period. Without received payment, the service will not be activated or renewed.
• 6.2 Unless otherwise agreed, invoices from DigitalInfra must always be paid by the due date stated thereon.
• 6.3 In case of non-payment of (part of) the invoice, the invoice amount will be increased with default interest in accordance with the Act of 2 August 2002 on late payment in commercial transactions and a fixed compensation of 10% with a minimum of 49.90 euro. These interests and this penalty clause are due by operation of law and without notice of default from the due date of the invoice.
• 6.4 In case of late payment, DigitalInfra reserves the right to suspend or terminate the services, without prejudice to the right to compensation.
• 6.5 Any disputes regarding invoices must be reported to DigitalInfra in writing, with reasons, within 7 days of the invoice date.

7. Liability and Warranty

• 7.1 DigitalInfra delivers the services to the best of its ability, but cannot provide an absolute guarantee of uninterrupted or error-free operation.
• 7.2 DigitalInfra is not liable for any indirect damage, loss of profit or consequential damage arising from the use of the services.
• 7.3 The liability of DigitalInfra, except in cases of intent or gross negligence, is always limited to the amount paid by the client for the relevant service in the last three months prior to the damage-causing event.
• 7.4 DigitalInfra is not liable for disruptions at external partners.
• 7.5 In the event of force majeure (such as power failure, government measures, war, strikes, cyber attacks), DigitalInfra is entitled to suspend its obligations without being liable for compensation.

8. Intellectual Property

• 8.1 All rights to proprietary materials of DigitalInfra, including the CrewTime platform, remain the property of DigitalInfra or its licensors.
• 8.2 The client retains the rights to content entered by them, but guarantees that it does not infringe on the rights of third parties. The client indemnifies DigitalInfra against all claims in this regard.

9. Confidentiality

• 9.1 The parties undertake not to share confidential information received from each other with third parties, unless legally required.
• 9.2 This confidentiality obligation remains in force after termination of the agreement.

10. Privacy and Data Protection

• 10.1 DigitalInfra processes personal data in accordance with the General Data Protection Regulation (GDPR).
• 10.2 The client is solely responsible for the data entered into the CrewTime platform.
• 10.3 More information about the processing of personal data is available in the separate privacy policy.

11. Duration and Termination

• 11.1 The agreement is entered into for the agreed duration. The subscription is tacitly renewed for the same period, unless terminated in writing at least forty-eight (48) hours before the end of the current period.
• 11.2 In case of serious breaches of these terms, DigitalInfra may terminate the agreement with immediate effect.

12. Transfer of Rights

The client may not transfer their rights and obligations under the agreement to third parties without prior written consent from DigitalInfra.

13. Changes to the Terms

• 13.1 DigitalInfra reserves the right to amend these terms. Clients will be notified via email or the website.
• 13.2 If the client does not agree with the changes, they have the right to terminate the agreement within 30 days of notification.

14. Disputes and Applicable Law

• 14.1 This agreement is governed by Belgian law.
• 14.2 Any disputes shall be settled by the competent courts of the district of West Flanders, division Kortrijk, without prejudice to the rules contained in Article 624 of the Belgian Judicial Code.