TERMS AND CONDITIONS OF
"BLOOBIZ” SERVICES
Luxembourg Online develops and sells an integrated and versatile management software called “Bloobiz” to meet the most common needs of small and medium-sized companies. The Bloobiz software is available to the Customer through remote access hosted on a web service. Luxembourg Online draws the Customer’s attention to the fact that it is his responsibility to ensure that the software and services are suitable and in conformity with his needs, following the indications on the Bloobiz website.
The Customer acknowledges being aware of the prerequisites for the optimal use of BlooBiz, as to ensure that its network and computer system meet the requirements. The Customer also ensures that it can use the software and services. The Customer acknowledges having received all the information and advice needed to assess the proposal of Luxembourg Online. As such, it has ensured that the services meet its needs. If the Customer has not carried out a precise written analysis of its needs, the Customer acknowledges that Luxembourg Online’s proposal will be considered an expression of its needs. Along with the order confirmation for the services, the appendices, and special conditions, they constitute the contract between the parties. The Customer acknowledges having previously read the General Terms and Conditions of Bloobiz Services applicable on the date of the online order subscription, the conclusion of the present contract, or its renewal. The confirmation of the online order, the conclusion of the contract or its renewal as well as the use of the services, implies the unreserved acceptance of these general conditions by the Customer.
The fact that Luxembourg Online does not avail itself temporarily or permanently of one or more clauses of the General Terms and Conditions of Bloobiz services shall not be construed as a waiver of the right to avail itself subsequently of any of the said clauses and/or to avail itself of the rest of the General Terms and Conditions
The purpose of these terms and conditions is to define the terms and conditions under which Luxembourg Online provides services to the Customer and concretely, the conditions under which Luxembourg Online:
- grants the Customer, who accepts it, the right to access and use the software via the web service;
- provides the Customer with a set of services as defined herein, including hosting and data backup, support, and maintenance of the Service;
- provides the hosting equipment and infrastructure.
The following terms, whether used interchangeably in the singular or plural, in these Terms and Conditions shall have the meanings set forth below:
“Customer” means the professional who enters into this Agreement with Luxembourg Online for his internal and professional management needs.
“Contract” means the online order confirmation, these General terms, and conditions, as well as any additional appendix.
“Customer Data” means the information and data entered, processed, or stored by the Customer or resulting from the use of his services.
“Web Service” means the web service developed and sold by Luxembourg Online, enabling the use of the integrated management software called Bloobiz.
“Authorized User” means a Customer’s user who has access to the Bloobiz services via a login and a password. He is under the responsibility of the Customer.
The Client subscribes to the Bloobiz web service via the secure website https://www.bloobiz. com by filling in a subscription form. Luxembourg Online will send the Customer an activation e-mail enabling him to create his account. The identification codes communicated to the Customer by e-mail upon activation of the services are strictly personal and confidential and reserved for the use of the registered Customer. Luxembourg Online reserves the right to replace them at any time, for any reason whatsoever, in accordance with the terms and conditions that will then be specified to the Customer.
The Customer shall do everything in his power to keep his identification codes secret and not disclose them in any form whatsoever. The Customer shall not transfer, resell or rent its access to the Service. If the Customer fails to do so, Luxembourg Online may, without prior notice or compensation, suspend or discontinue all or part of the Services. The Customer who transfers loses, copies, lends, or has his identifiers stolen remains liable for payment of the amounts due to Luxembourg Online. In the event of loss or theft of the login details, the Customer must notify Luxembourg Online.
The termination of access under these conditions does not entail the termination of the Contract with the Customer. Customers may be invoiced for suspension, replacement of access codes, and reactivation fees. The customer shall be responsible for compliance by any authorized user with the provisions here of.
In general, the Customer assumes responsibility for the security of the individual access stations for the subscribed services.
The software can be accessed remotely, from any terminal connected to the Internet and the address https://www.bloobiz.com. Luxembourg Online reminds you that it is up to the Customer to have a connection to a telecommunication network, for which he bears the costs and responsibility.
The Customer acknowledges being aware of the following characteristics and limitations of the Internet:
that data transmissions on the Internet only benefit from relative technical reliability and that no one can guarantee the proper functioning of the Internet; that Luxembourg Online has taken extensive measures to secure access to the Platform, according to an obligation of means, but that data circulating on the Internet may be subject to misappropriation, and that thus the communication of passwords, confidential codes, and more generally, of any information of a sensitive nature, is carried out by the User at its own risk; that the Internet is an open network and that the information transmitted by this means is not protected against the risks of a detour, fraudulent, malicious or unauthorized intrusion into the User’s information system, piracy, alteration or unauthorized extraction of data, modifications, malicious alterations of programs or files or contamination by computer viruses.
Therefore, it is the User’s responsibility to take all appropriate measures to protect its data and/ or software stored on its servers from contamination by viruses as well as from attempts by third parties to intrude into its computer system via the access service. As a consequence of the above, and in full knowledge of the characteristics of the Internet, the Customer waives all engagement and responsibility of Luxembourg Online concerning one or more of the facts mentioned above.
The service is fundamentally available to the Customer at all times, i.e. 7 days a week and 24 hours a day, except in cases of unforeseen circumstances or events beyond the control of Luxembourg Online, and subject to any interruptions and maintenance operations necessary for the proper functioning of the service or the equipment. Luxembourg Online may, if necessary, interrupt its services, within the framework of the maintenance and update range, in particular, to carry out any data-backup operations and/or maintenance of its hardware and computer resources used to provide hosting services. The software may undergo modifications according to the improvements or updates made without prior information to the customers.
The Customer has a personal, non-exclusive, non-assignable, and non-transferable right of use over the software, which is granted to it for his own internal operating needs only. It lies within the limit of the rights acquired during the term of the Contract in consideration of the monthly fee, for his use, on a single information system from a single seat of use. The Customer is granted the right of use for a set number of authorized users. The Customer undertakes to inform Luxembourg Online immediately if the number of users of the Service exceeds the limit, in which case the Customer will immediately become liable to Luxembourg Online for an additional fee.
Upon expiration or termination of this Agreement, this license will immediately be revoked and the Customer agrees to cease all use of the Bloobiz software and the web service. Within the framework of the rights granted to the Customer by Luxembourg Online, the Customer undertakes not to directly or indirectly infringe Luxembourg Online’s property rights.
Luxembourg Online may, in its sole discretion and without notice, impose reasonable technical or non-technical limitations on the Customer’s use of the Service(s), including, but not limited to: storage space allocation, number of backups, number of authorized users, or any other limitations outlined in the Documentation, the Service, or the current Contract.
Luxembourg Online shall host the Bloobiz software and maintain it in operational condition in the infrastructure intended for this purpose. Luxembourg Online provides the Customer with limited storage space on a server for the storage of its data. The Customer may request additional storage space for an additional fee. The Customer’s data is stored on databases or other storage devices defined by Luxembourg Online, on servers located in Luxembourg. Luxembourg Online automatically creates daily backups of the databases at regular intervals. Each backup is kept for a limited time. Luxembourg Online shall perform its contractual obligations with all possible care as is customary in its profession. Nevertheless, Luxembourg Online shall not be liable for any loss or alteration of data.
The contract shall come into effect on the date of activation of the Services as determined by Luxembourg Online. The duration of this contract is stated in writing after the order. The contract will be renewed tacitly for successive periods of one month unless the Customer requests the termination, which will take place per the following procedure:
- If the written request for termination is received by Luxembourg Online before the fifteenth (15th) of the current month, the termination will be effective on the last day of the current month.
- If the written request is received by Luxembourg Online after the fifteenth (15th) of the current month, the termination will be effective on the last day of the following month.
The Customer who wishes to terminate all or part of the Service is required to inform Luxembourg Online through his customer area or by registered letter with acknowledgment of receipt, under the conditions mentioned above. A load of proof of the correct receipt of the termination request lies with the Customer. Regardless of the duration of the contract, the contract may be terminated by Luxembourg Online, without notice or compensation, with immediate effect, in the event of a breach of all or part of the Customer’s contractual obligations which is not remedied within thirty (30) days of receipt of a registered letter with acknowledgment of receipt notifying the Customer of such breach. Late payment or non-payment of invoices shall be considered as a breach justifying the implementation of this clause, without prejudice to any other breach.
In the event of early termination by Luxembourg Online, all sums already paid by the Customer shall be retained without the Customer being entitled to any reimbursement and without prejudice to any other right, in particular the right to damages. Also, the termination of the service or the cessation of the marketing of a product or service by Luxembourg Online shall not give rise to any compensation or reparation whatsoever. On the date of termination, all rights granted to the Customer and authorized users under the Agreement shall cease.
Luxembourg Online commits itself to provide service promptly. However, the deadlines serve only as an indication, and any delay and/or postponement of the date and/or intervention time will not give rise to any compensation, reimbursement, and/or cancellation on the part of the “Customer”. Luxembourg Online S.A. is only subject to an obligation of means, and in no case, an obligation of result. For as long as this Agreement may last, Luxembourg Online S.A. shall make all reasonable efforts to correct any software anomaly reported by the Customer by following the appropriate procedure (via the online form) and to start processing such reports within two working days. The following are excluded from the services provided by Luxembourg Online under the Agreement:
- Use of the software not following the documentation, the instructions for use, or its intended purpose, or abnormal use for any reason whatsoever (including negligence)
- Any work or supplies not explicitly mentioned in the Contract
- A problem of compatibility between the equipment supplied by Luxembourg Online and any of the Customer’s equipment or failure of the latter
- A failure of one of the elements constituting the User’s software environment (operating system, other software, network systems, etc.);
- In general, the Customer’s failure to comply with its obligations under the Agreement with Luxembourg Online.
Access to the services may be occasionally unavailable for short periods during maintenance and updates required for the proper functioning of the services, which will be done automatically and with no prior announcement to the Customer. The content of the updates will not be systematically transmitted to the Customer. However, the Customer will be notified of any changes regarding the use of the Service. Luxembourg Online shall apply security patches for any security anomaly discovered in a version of the hosted software, on all systems under its control, as soon as the patch is available, and without manual intervention by the Customer.
Within the framework of the Contract, the Customer shall be entitled to functional support exclusively for matters related to explanations, and information about the use of the standard functions of the software. Any support request can be resolved through video tutorials and the Bloobiz Help Center.
In exchange for the services, the Customer agrees to pay a monthly fee as defined in the contract and based on the number of authorized users. As long as the Contract is valid, if the Customer has more authorized users than specified at the time of signing it, the Customer agrees to pay an additional fee equivalent to the applicable prevailing rate for additional users, for the remainder of the term. Luxembourg Online shall invoice the Service under the applicable prices and rates under contract, plus any applicable taxes at the rate in effect when the invoice is issued. Invoicing shall begin upon the date of activation of the services as determined by Luxembourg Online. The first month’s subscription fee for the Services shall be prorated for the number of days. Invoices are issued monthly.
The Customer will be informed of any change in the rates at least one month before it is applied. In case of an unfavorable change for the Customer, the latter can terminate the contract within one month following the delivery of the first invoice at a new rate. If the Customer fails to terminate the Contract within this period, the Customer is presumed to have accepted the new rate. Any subscription to additional services not stated in this contract will give rise to additional invoicing in addition to the amount indicated in the Price List.
The parties agree that invoices shall be sent by e-mail, with Luxembourg Online’s files as proof of dispatch. If the Customer finds that he has not received an invoice, he shall be obliged to request it.
The invoiced amounts are owed in euros upon receipt of the invoice by direct debit to a credit card (Visa, Eurocard/MasterCard, American Express) or via the Saferpay interface. The expiration of a 30-day period after issuing the invoice shall automatically put the Customer in default of payment. However, Luxembourg Online will send a reminder after 30 days and invoice the Customer for a fixed fee (specified in the Luxembourg Online price list). Interest on arrears, calculated according to the law of March 29, 2013, on payment periods and interest on arrears, will be applied by Luxembourg Online as of right after the payment period stipulated in the said law has expired.
Luxembourg Online reserves the right to suspend (block) after 8 days upon an unsuccessful reminder, without notice of default or compensation, the service(s) provided to the customer in case of non-payment of an invoice by the payment deadline.
Blocking does not suspend in any way the customer’s obligations under a contract (especially the invoicing of the subscription). A blocking fee will be invoiced to the Customer according to the conditions specified in the Price List.
A complaint relating to an invoice is only admissible within one month following its issuing date and only if it is submitted by registered letter with acknowledgment of receipt. After this period, the complaint cannot be processed and no compensation can be granted (except in cases of force majeure duly reported by the customer). Submitting a complaint does not exempt the Customer from the payment of the non-contested amounts.
Unless otherwise requested in writing, each party grants to the other party a royalty-free, nontransferable, nonexclusive worldwide license to reproduce and display the other party’s name, logos, and marks of the other party, solely to name the other party as a customer or supplier, on websites, in press releases and other marketing materials.
“Confidential Information” means all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood as confidential given the nature of the information and the circumstances of the disclosure. In particular, any information relating to the business, products, developments, trade secrets, know-how, personnel, customers and suppliers of either, and suppliers of either party shall be considered confidential.
For any confidential information received during the term of this Agreement, the receiving party shall use the same degree of care that it uses to protect the confidentiality of its confidential information of equal importance. This level of care shall be at least a reasonable level of care. The receiving party may disclose the disclosing party’s confidential information to the extent required by law, provided that the receiving party gives prior written notice to the disclosing party of its obligation to disclose, it to the extent permitted by law.
The obligations of the parties concerning such information shall remain in effect for the duration of the two years following the termination of the contract.
The parties acknowledge and agree that the Customer is the controller of all data collected and processed under the Contract and/or the General Terms and Conditions to which it agreed and that it alone is responsible for ensuring that such processing complies with the applicable regulations. Luxembourg Online acts only as a data processor. This processing will be carried out accordingly to the legislation on data protection. Luxembourg Online commits to :
- Processing personal data only when and as requested by the Customer, and to perform one of the Services under the Contract, unless required by law, in which case Luxembourg Online will give prior notice to the Customer unless prohibited by law;
- Ensuring that all Luxembourg Online personnel authorized to process personal data are subject to a duty of confidentiality;
- Implementing and maintaining appropriate technical and organizational security measures to protect personal data from unauthorized or unlawful processing, accidental loss, destruction, damage, theft, alteration, or disclosure;
- Forwarding to the Customer any request submitted to Luxembourg Online for personal data regarding the Customer’s database;
- Reporting to the Customer upon knowledge and confirmation of any unauthorized, accidental, or unlawful processing, access, or disclosure of personal data; - Reporting to the Customer when its processing instructions are in breach of Luxembourg Online’s data protection legislation;
- Permanently deleting any copy of the Customer’s database in Luxembourg Online’s possession, or returning such data, at the Customer’s demand, upon the termination of this Contract, in compliance with the deadlines indicated in Luxembourg Online’s Data Protection Policy.
Luxembourg Online, as the one responsible for processing the Customer’s data, undertakes to process such data per the applicable regulations and its privacy policy. The data provided by the Customer is stored in a data processing system for the purpose of managing and informing the Customer in the context of the contractual relationship. Luxembourg Online will only store essential data to the contractual relationship within the time limits set by law. It is used only within the limits specified at the time of collection, to provide you with the service or information requested, to improve the quality of the services, and to inform you about other products, services, and offers. It will not be stored for longer than is legally required for this purpose.
The communication of Customer information is carried out in compliance with the obligations and rights specified in the law. Luxembourg Online takes all appropriate measures to ensure the protection of the information’s confidentiality and its reliable storage. The personal data collected will not be communicated to third parties outside Luxembourg Online and/or its partners without your consent, unless expressly stipulated for the execution of all or part of the services by subcontractors, to meet legal obligations, or for prevention, investigation or detection of criminal offenses.
All employees and subcontractors of Luxembourg Online who have access to personal data are obliged to respect the confidentiality and security agreement of such data.
In addition, the Customer has the following rights concerning his data:
- Right of access to personal data stored by us ;
- Right to rectify inaccurate personal data or to delete them if they are obsolete ;
- Right to object to the use of the data for commercial prospecting purposes.
To exercise these rights, the Customer must send a letter to the following address, according to the modalities available on www.internet.lu, under the heading “Rights relating to personal data:
Luxembourg Online SA
Personal Data Department
14, avenue du X Septembre
L-2550 Luxembourg
A form for the referral to the CNPD informing the content to be provided by the applicant is published on the CNPD website (https://cnpd.public.lu/en/particuliers/faire-valoir.html).
Luxembourg Online warrants to the Customer that either it is the holder of the economic rights to the software and/or service, or it holds an authorization from the author of the software and/ or Service. Therefore it may freely grant the Customer the right to use the software and/or service as provided herein.
Luxembourg Online shall retain, as the holder of the rights, the intellectual property of the “Bloobiz” software and all related prerogatives. In consideration of the payment of the subscription and the royalties, Luxembourg Online grants the Customer a personal, non-exclusive, and non-transferable right to use the Bloobiz software and its updates for the named workstations, site(s), and its internal needs only. The Customer does not acquire any other intellectual property rights, nor any other right than those expressly granted by the conditions.
The Customer shall not carry out or have carried out by a third party the correction of any anomaly of any nature whatsoever. The Customer shall refrain from reproducing, modifying, arranging, adapting the Bloobiz software or making it available to third parties, selling it, distributing it in any way whatsoever, specifically on the Internet, or lending it out.
Luxembourg Online warrants that it holds all intellectual property rights to the software or that it has the right to grant a license to the Customer to use the software if the intellectual property rights are held by a third party who has granted Luxembourg Online the right to use the software under the conditions set out herein.
Luxembourg Online does not guarantee that the Service is free of any defect or hazard but undertakes exclusively to remedy, with all reasonable diligence, any reproducible anomalies in the Service that are found about its Documentation.
Bloobiz services are provided “as is”. Except as expressly provided in this Agreement, neither party makes any warranty of any kind, express, implied, or otherwise, and each party expressly disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, arising out of or in connection with the Service. Luxembourg Online does not warrant that the software complies with any local or international law or regulation.
The parties agree to collaborate and cooperate in good faith throughout the term of the Contract in order to facilitate the performance of their respective obligations and to communicate to the other party in a timely manner any information that could have a significant impact on the proper performance of the General Conditions.
Luxembourg Online is bound by an obligation of means under these conditions and shall not be held liable for any delay in the performance of the above-mentioned services. The Customer shall remain solely responsible for the choice of the services and their use, specifically for any service misuse. It is up to the Customer to bring up proof that Luxembourg Online is at fault in the operation of the service, even though Luxembourg Online cannot be held accountable, even more so if the damage is due to a third party, one of its subcontractors or a failure in the communication networks. It is expressly stated that Luxembourg Online provides the software but cannot in any way replace any function of the client company.
Luxembourg Online provides no advice on accounting, tax, commercial or legal matters. Luxembourg Online’s advice is only meant for the use of its services. In no case shall Luxembourg Online be held liable either to the Customer or third parties for any unforeseeable damage and for any indirect damage such as operating loss, loss of profit or loss of profit or image, or any other financial loss resulting from the use or inability to use the software by the Customer, from any failure in the provision of services or from any loss or deterioration of information for which Luxembourg Online cannot be held liable. Any damage suffered by a third party is indirect damage and does not give rise to compensation.
The parties agree that the liability of Luxembourg Online in the performance of the Contract shall not exceed 50% of the total amount paid by the Customer under this Agreement during the 12 months preceding the date of the event giving rise to such claim.
The Customer certifies that the personal data it provides to Luxembourg Online is accurate on the day it entered into a contractual relationship with Luxembourg Online and commits to informing Luxembourg Online of any change in its situation, particularly in the event of a change of address, company name, legal form or bank details. The Customer agrees to :
- Pay Luxembourg Online the applicable fees for the Services under this Contract under the terms of payment specified at the time of entering ;
- Notify Luxembourg Online immediately if the actual number of users exceeds the number specified at the time of entering into the Contract and pay the additional fees ;
- Designate a contact person to represent the Customer for the full term of the contract and notify Luxembourg Online of any change of contact ;
- Notify Luxembourg Online immediately of any problems or malfunctions that it observes in the use of the services provided.
When the Customer chooses to use the Platform, the Customer also agrees to:
- Take all reasonable precautions to ensure the security of its user accounts, including choosing a secure password and not sharing it with anyone ;
- Make reasonable use of the Hosting Services, excluding any illegal or abusive activity.
The Customer is responsible for taking all precautions to avoid any risk of hacking, data loss, or operating errors, including regularly updating software, installing and maintaining virus protection systems, and systems to protect against unauthorized access to his computer and backup systems. Under no circumstances shall Luxembourg Online be held accountable for any data loss incurred by the Customer or for the consequences of it. The Customer agrees to take all reasonable precautions to ensure the security of its user accounts and to make fair use of the hosting services except for any illegal or abusive activity. The Customer is solely responsible for the use of the services, the production, and control of the documents and/or results achieved through the software that may have legal or fiscal consequences (invoices, reports... (unlimited list)).
The Customer warrants that it has all necessary authorizations for the use and/or distribution of all kinds of information and data (on national territory) that is hosted by Luxembourg Online. The Customer is solely responsible for the consequences of making them available to the public. It is up to the Customer to carry out the procedures, declarations, and authorization requests provided by the law and regulations in force regarding data processing. In particular, the Customer shall be solely responsible for any damage suffered or incurred by Luxembourg Online because of the presence of illicit data on the Customer’s pages.
As the services are accessible via the Internet, the Customer undertakes to use an appropriate Internet network. Luxembourg Online is not responsible for the quality, availability, and reliability of the telecommunications network, whatever its nature, in the event of data transport or access to the Internet, even when the Internet service provider is recommended by Luxembourg Online.
Both parties shall be fully discharged of any liability for the non-performance of any or all of their obligations if it is due to force majeure. Luxembourg Online shall not be liable to the other party for any delay or failure to perform under this contract, if such failure or delay is caused by an event of force majeure, such as: disruption or congestion of the telecommunications networks, poor quality of electrical power, governmental restriction or prohibition, fire, strike, war, flood, accident, epidemic, embargo or blockage, or any other cause(s), whether of a similar or different nature, so long as said cause is beyond the reasonable control of the party, and so long as said cause exists.
Luxembourg Online does not deliver any adjustments to the software to fit the Customer’s legislative or regulatory needs, nor does it share the obligation to monitor the updating of the tax parameters. The Customer shall, in the event of legislative or regulatory changes that require a specific configuration, be responsible for the settings update on the Bloobiz software. The Customer is aware that legislative changes may, at any time, render the functionalities of the Bloobiz software unsuitable.
The agreed-upon contract cannot be transferred, in whole or in part, for valuable consideration or free of charge, without the prior written consent of Luxembourg Online.
Within a maximum period of two (2) months upon the termination of this Contract, and provided that no amount remains due by the Customer to Luxembourg Online at that time, Luxembourg Online will make the stored data available to the Customer, upon request by registered letter with acknowledgment of receipt, in a standard format previously defined by Luxembourg Online and supplied by the Customer.
Any service relating to reversibility shall be subject to a separate agreement between the Parties. It applies specifically to the costs of technical assistance to the Customer for reversibility, for which the pricing conditions and execution terms will be determined in a separate agreement.
If one or more of the Contract’s provisions are held to be invalid or declared as such in the application of a law, a regulation, or a final decision of a competent court, the other provisions shall retain their full force and scope.
The current Terms and Conditions may be edited by Luxembourg Online at any time. The general terms and conditions applicable to any use of the site are those available and published on the site at the time of consultation by the user. If the Customer does not agree with the modification of the service’s General Terms and Conditions or the Special Terms and Conditions, it may request the previous Terms and Conditions to be maintained. This request must be sent by registered mail or fax within one month of the notification of the change.
If Luxembourg Online finds an incompatibility that prevents it from keeping the old Conditions, the Customer may terminate the Contract by giving a 40 days notice. Any modification of the General Conditions or the Special Conditions of Luxembourg Online’s Services will be deemed as accepted by the Customer if the latter has not expressly objected to it within one month of being informed of the modification. The invalidity or non-validity of any provision of these terms and conditions shall not affect the validity of the others in the current conditions of the Contract.
The contract is covered by Luxembourg’s law. Any dispute relating to the interpretation or performance of this contract shall fall under the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg, which shall have sole competence.
Only the French version of our terms and conditions is binding. The above English translation is provided for information purposes only. In case of discrepancy between the two versions, the French version shall prevail.
