GENERAL TERMS AND CONDITIONS

Article 1

Entering into an agreement with Black Tiger Belgium NV/SA (hereafter “Black Tiger Belgium”) implies a formal acceptance of the current terms and conditions, to the exclusion of the application of those of the customer. Any derogation from these terms must be agreed to in writing and signed by both parties.

Article 2

Prices are set based on volume and information supplied by the customer at the time of entering the agreement and will be revised if any of these elements or the size of work changes. Prices do not include VAT, or any other tax, or transportation. Prices shall be indexed annually, in January, depending on contract anniversary date, to the amount of 80%, with the reference index being the evolution of salaries for the joint committee on which Bisnode depends (committee n° 200) according to following formula:

Price after indexation: BP x 0,8 x NI + BP x 0,2 BI

• BP= basic price of the contract
• BI= index for year and month of signing of contract
• NI= new index for the new year and month preceding the indexation of contract

Article 3

Black Tiger Belgium invoices are due 30 days end of month following the invoice date. If payment is not received by the due date the amount due will automatically be increased with late payment interest of 1% per month. Moreover, the amount due will also be increased with 10% with a minimum of € 50,00. If the customer requests that Black Tiger Belgium invoices are addressed to a third party, the customer will guarantee payment. Customers who work with an internal order system, must hand over the purchase order to Black Tiger Belgium prior to delivery. In case the purchase order has not been received at the moment of delivery, Black Tiger Belgium is entitled to invoice without having received the corresponding purchase order.

Article 4

Black Tiger Belgium’s contractual obligations are obligations of means. Black Tiger Belgium agrees to take every precaution to respect delivery terms. However, apart from serious fault, no violation of the delivery terms will result in a claim for damages or termination of the agreement. Black Tiger Belgium commits to take maximum care of the execution of her services and where appropriate, the update of the by Black Tiger Belgium delivered data. Except otherwise indicated in writing, Black Tiger Belgium does not warrant the delivered data to be complete or free of error nor does Black Tiger Belgium warrant the delivered data to fit for the realisation of a defined objective or the achievement of a result. Black Tiger Belgium cannot be held responsible for error, fault or concealment in the information supplied by the customer. Compensations at the expense of Black Tiger Belgium will not exceed the price of the disputed service. In case of consecutive services, the compensation is limited to the disputed services that were performed within the three last months. All complaints regarding the delivery or the rendered services shall be notified in writing to Black Tiger Belgium within 15 days after delivery or rendering of services. For complaints regarding invoices, a term of 1 month after invoice date shall apply. Every shortcoming which could not be detected at the moment of the delivery or the rendering of the service must be notified within 15 days starting from the detection and at the latest within 4 months after delivery or the rendering of the service. Any complaints after the expiry of above terms will not be handled. Black Tiger Belgium has the right to refuse or subcontract any order.

Article 5

Data and software delivered by Black Tiger Belgium are the exclusive property of the latter for which the customer obtains a non-exclusive user license. The customer is not allowed to use the data provided by Black Tiger Belgium , for payment or free of charge, to transfer it to third parties or to make it available for issuing guides or providing information services in any form (electronic, printed , spoken etc.) or to use for activities competitive to the activities of Black Tiger Belgium.

The customer undertakes to comply with the legislation in force and the terms of use imposed by Do Not Call Me Association for every processing using the “Do not Call Me List” (www.dncm.be).

Black Tiger Belgium and the customer undertake to comply with the provisions of the General Regulation Data Protection (EU) 2016/679 of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In this respect, in case of data delivery by Black Tiger Belgium, the customer undertakes to inform the data subjects that their personal data have been obtained via Black Tiger Belgium and to refer to Black Tiger Belgium’s privacy policy. Unless other written agreement, the customer is not allowed to transfer personal data provided by Black Tiger Belgium to a country or territory outside the European Economic Area.

Article 6

The data provided by Black Tiger Belgium are intended for the customer’s own use for marketing purposes. Unless otherwise agreed in writing, it is forbidden to communicate the information provided to third parties and the customer undertakes to take the necessary useful measures in order to avoid any unlawful use or distribution. The customer may not store the supplied data for a duration longer than required for the processing. The customer undertakes not to use the data supplied by Black Tiger Belgium at the expiry of the user license and to completely and irrevocably remove these data from all files and all other carriers. In the case of a user license for single use, the customer may use the data once and this within a period of 3 months from delivery. In case of a user license for multiple use, the customer may use the data provided up to four times and this within a period of 12 months from the delivery. Any failure to observe the obligations in the paragraph above shall result in a fixed compensation equal to ten times the invoice price, without prejudice to Black Tiger Belgium rights to prove higher damage and ask for corresponding indemnity. Evidence of unlawful use of one single piece of information (including by means of control addresses) is sufficient evidence for the unlawful use of the data in its entirety or the software of Black Tiger Belgium. The customer must present a copy of the advertising message to Black Tiger Belgium for control and approval and agree to use the message unaltered. The burden of proof of the communication to Black Tiger Belgium and the approval of the message rest with the customer.

Article 7

In case of non-compliance by the customer of one of its obligations, Black Tiger Belgium has the right to suspend the execution of its proper contractual obligations and may obtain a lien as the occasion arises. If the non-compliance sustains for a term of 30 days after notice of default, Black Tiger Belgium can consider the agreement to be dissolved at the expense of the customer. In case of serious breach, Black Tiger Belgium may terminate the agreement with immediate effect. In case of multiple agreements between parties, this clause will apply to all agreements and not just the one to which the violation pertains.

Article 8

Any disputes fall under the jurisdiction of the Courts of Brussels, which will apply Belgian law as well as the international treaties with regard to intellectual property rights and the protection of databases.

Article 9