General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to all agreements concluded by Infinwebs BV. The General Terms and Conditions of Sale are available:

• Via URL on the public website /terms-and-conditions
• Via URL when registering online for a trial period and taking out a subscription, whereby these terms must be explicitly accepted before confirming
• As a PDF document on simple request via info@infinwebs.be

About the onFact software

Infinwebs BV, with company number BE 0714.992.641, established at Stationsstraat 98, 1730 Asse (Belgium), is the owner of the onFact software.

As a service provider-supplier, Infinwebs grants customers a right to use the onFact software on the basis of a subscription plan. Infinwebs is hereinafter referred to in this document as "the supplier".

Competent courts

The law of the country of the registered office of Infinwebs BV, as supplier of the onFact software, applies. For Belgium this is the Enterprise Court of Brussels. 

Amendment of these terms

Infinwebs continuously strives to improve its own products. Where this requires an amendment to the GTC that benefits the service and/or the operation of the products, Infinwebs will implement these amendments. Significant amendments will be communicated in a special digital newsletter.

 

Agreement

The available onFact software remains the property of Infinwebs BV. Through the subscription, the customer only has a right to use the onFact software during the period in which the subscription runs, as indicated on the invoice or with the restrictions that apply to free (trial) use.

Price and duration

The agreement between the customer and Infinwebs is entered into for a term linked to the chosen subscription price plan. The customer can choose between the following options:

• Free 14-day trial period
• Free subscription with limited functionality for an indefinite period
• Paid monthly subscription at € 15,- excl. VAT ('Pro') or € 25,- excl. VAT ('Premium') for a duration of one month
• Paid annual subscription at € 150,- excl. VAT ('Pro') or € 250,- excl. VAT ('Premium') for a duration of one year

The subscription prices with their corresponding features are listed on the ‘Pricing’ page.

Infinwebs may adjust the prices. Infinwebs will notify the customer of any increase in good time, with an option to withdraw.

Account activation

As soon as the customer creates an account via /, they receive a free 14-day trial period. This period starts immediately upon creation of the account.

When creating an account and/or placing an order for one of the subscription plans, the customer must explicitly:

• accept these GTC on the confirmation page
• take note of the Privacy provisions, referred to on the confirmation page

Invoicing

Infinwebs BV invoices the use of the onFact software based on the chosen subscription plan. If an active subscription expires within 14 days, a notification will be shown in the customer's own onFact environment.

Upon confirmation or renewal of the chosen subscription plan, an invoice for the chosen term is delivered by email as a PDF and UBL file. When ordering, the buyer agrees to receive the invoice according to the Peppol-first principle. The customer is responsible for having an active Peppol inbox. If the Peppol inbox is not available, the invoice will be sent to the email address that can be entered in the order window.

The payment term is 30 days, unless otherwise agreed. In the event of full or partial non-payment of the invoice 30 days after the invoice date, the invoice amount will be increased by operation of law and without notice of default by 8% interest per year and a penalty clause of 10% with a minimum of 40 euros, and any other outstanding invoices will become immediately due and payable. In the event of non-payment of the invoice 30 days after the invoice date, Infinwebs reserves the right to block access to the ongoing services without any fee or compensation for the customer.

Change of subscription

The customer can change their existing subscription plan, for example when more features are needed. The subscription can also be changed if the customer's legal form changes.

The change of subscription can be carried out by the customer from the 'My Subscription' page in the customer account. 

Termination of the agreement

A. Termination by the customer

No continuation after or during the 14-day trial period

At the end of the free trial period, the customer is invited to choose from the available subscription plans. There is no automatic renewal of this trial period, unless this was explicitly indicated in the account itself when placing a previous order.

If the customer does not immediately renew the agreement under a subscription plan (free or paid), the account is kept for another year. This allows the customer to still take out a subscription and resume use, for example after a few months.

To stop and/or completely delete the account during or after the free trial period, it is sufficient to send an email to support@onfact.ae.

During an ongoing subscription plan

To stop and/or completely delete the account during an ongoing subscription plan, it is sufficient to send an email to support@onfact.ae.

The customer-buyer cannot withdraw from a formally placed subscription order or purchase, whereby an online confirmation of, for example, a paid subscription type or an assignment also counts as formal confirmation.

B. Termination by Infinwebs

If the customer does not comply with these GTC, the licence holder Infinwebs reserves the right, after notice of default and if no or no adequate action is taken on the notice of default within 8 working days, either to suspend its obligations, including the provision of services, or to dissolve the agreement without judicial intervention, without prejudice to the right to compensation.

Infinwebs has the right to terminate the agreement immediately if the customer fails to fulfil its obligations. The agreement is entered into subject to the condition subsequent of the customer's bankruptcy. In the event of manifest insolvency or force majeure, Infinwebs reserves the right to dissolve the agreement unilaterally and immediately without prior notice of default.

Procedure for customer data after termination

Before termination, the customer has the option of exporting the following data from the onFact environment in various formats. An overview of data types and possible export formats is available on the onFact documentation platform: https://documentatie.onfact.be/overige-functies/gegevens-exporteren

The entire onFact environment is archived for 1 year and then permanently deleted from the backup location.

It is also possible to continue the subscription under the free subscription plan, in which case the data remains accessible, with the exception of the modules and documents under ‘Quotes’ and ‘Credit notes’.

 

Liability

Infinwebs guarantees that the onFact software meets all specifications stated on the website /. In the event of errors, Infinwebs will correct them as quickly as possible.

Liability

Infinwebs can only be held responsible and liable for proven gross error, gross negligence or intent, whereby Infinwebs is only obliged to remedy the error and/or negligence and/or intent, and whereby Infinwebs can only be liable for 75% of the amount actually invoiced to the customer over three years.

Infinwebs is never responsible for immaterial damage and elements such as loss of income and profits, loss of customers or contracts and other consequential business damage, even if proven.

As a supplier, Infinwebs is not responsible for errors by the customer and its users, such as incorrectly prepared documents created with the onFact software. The customer is always solely responsible for documents prepared and sent.

Furthermore, Infinwebs is not liable if the customer or third parties engaged by the customer have made changes in/to the onFact software, which is moreover prohibited. This responsibility of the customer, and the customer alone, also applies to the customer's own add-ons or those of its subcontractors.

Infinwebs and the customer are not liable to each other in the event of force majeure. Force majeure means: force majeure within the meaning of the law, including at the parties' suppliers, failures in the electricity grid and failures that hinder data traffic, insofar as the cause thereof is not attributable to the parties themselves.

Notification

Complaints and notifications of damage must, on pain of nullity, be reported within eight (8) days of discovery of the defect or of the date on which the customer/client should have noticed it under normal use, by registered letter to Infinwebs BV, Stationsstraat 98, 1730 Asse.

Delivery periods

The goods or services are delivered during the term stated on the invoice, taking into account the usual tolerance inherent in the nature of the industry or trade. Any delay in delivery cannot give rise to compensation or dissolution of the agreement.

 

Services

Support services are included as standard in the subscription. Support staff can be reached on working days between 09:00 and 18:00 via support@onfact.ae.

Support

Onboarding emails

To familiarise the customer with how onFact works and what it can do, they are automatically included in an email sequence when creating an account. The customer can stop these emails at any time by simply unsubscribing (e.g. with the unsubscribe button).

Self-service

Via https://documentatie.onfact.be/ Infinwebs offers an extensive manual for the features of the onFact software. This documentation is a living document that is continuously updated and is for information purposes only.

Support staff

Infinwebs offers the customer support, whereby support staff help the customer as quickly as possible, with a response time that depends on the number of requests submitted.

For some questions and/or incidents, remote assistance is possible using screen-sharing techniques. Subject to the customer's agreement, among others via TeamViewer or Google Meet or other specialised software. Infinwebs will make suitable software available via its site.

By default, support staff do not have access to customers' onFact environment. However, such access may be necessary to answer specific support questions from the customer. The customer then grants this access via the ‘GDPR’ tab under ‘Company settings’ in the onFact account. This access can be revoked at any time.

All Infinwebs staff are trained to treat the settings and data within an onFact environment with appropriate confidentiality.

 

app.onfact.ae

onFact is a cloud program that works reliably, securely and quickly. Infinwebs works with external parties to provide this continuous service. The backup procedures in place help ensure continuity. Any work on the software is in principle communicated to the customer in advance.

The software

onFact is an online invoicing program consisting of a basic package of features, extendable with modules. The basic features are: customers, products, quotes, invoices, credit notes. The overview of additional modules that can be activated is available at /pricing.

Service and responsibilities

Infinwebs makes the onFact platform available to the customer, who determines their own onFact environment on the basis of settings and actions. To this end, Infinwebs provides the necessary support, both in self-service documentation and in online assistance. The customer is responsible for correct use.

Infinwebs is not responsible for the correct operation of integrations with additional software packages or additional services of third parties.

Property rights

The intellectual property rights to the onFact software always remain with the owner, Infinwebs BV. Through the subscription, the customer only has a right to use the onFact software during the period in which the subscription runs, as indicated on the invoice or with the restrictions that apply to free (trial) use.

Ownership of the data entered and of the data generated by the application rests solely with the customer. Infinwebs may not and will not appropriate any rights to the customer data.

A subscription does not give any right to the so-called source code. Infinwebs does, however, provide an API that allows an external program to access functions within onFact in an automated way for the purpose of data exchange/collaboration. Info: https://documentatie.onfact.be/overige-functies/api

Development

Infinwebs reserves the right to make changes to the onFact software at any time without prior warning. The buyer agrees that the software used will evolve.

Each version is provided with appropriate version documentation, communicated on https://documentatie.onfact.be/.

Availability

Infinwebs reserves the right to take the software offline temporarily, for example for important updates or in the event of technical problems. onFact is hosted on Amazon systems in Ireland with a target minimum availability (‘uptime’) of 99.95% or higher, albeit without any guarantee thereof.

In the following situations, the customer's own onFact environment may not be fully available:

• (system) maintenance (see below)
• remedying software faults that fall under the customer's responsibility
• force majeure situations (see above)
• unpaid invoices (see above) that temporarily block access to the account

Maintenance

The customer is informed at least 5 days in advance that the onFact software may be temporarily unavailable due to maintenance work. The work is carried out between 21:00 and 07:00 or at the weekend. Incidental repairs (patches and hotfixes) are carried out automatically and without prior notice.

Response

The response times of the onFact software also depend on the internet connection and the set-up of the customer's environment.

Response times may also vary depending on the features and modules the customer uses, the amount of data, and the customer-specific set-up and settings. To improve performance, large processing tasks such as importing data are queued and carried out in the background.

Security and access

Login and authentication take place via a login page using an email address and personal password. If desired, the customer can activate two-factor authentication. This two-factor authentication initially uses SMS and subsequently runs via an authentication app.

The servers are located in Amazon's data centre in Dublin. They hold all the necessary ISO certifications, so that everything is set up securely with protection of all data.

Own login and internal users

Each user is responsible for their own login details. A user's password is stored securely under encryption. No one can view the personal password within onFact and/or change a user's email address.

Infinwebs cannot create new user(s), even at the explicit request of the account holder. Creating and managing users is the full and exclusive responsibility of the customer.