Terms and Conditions

Terms and Conditions - Clubs

Article 1 Definitions

1.1 Partner

the association that enters into an agreement with Klubs on the use of the Platform in order, in turn, to make it available - as part of its services - to its members and for the purpose of handling club administration, as well as any other party that enters into an agreement with Klubs on the use of the Platform.

1.2 Clubs

Clubs e.g..

1.3 Association

All information, member info, activities, etc that make up the operation of an association.

1.4 Data

the data of partner, or its users, that have been offered to Klubs and are processed by Klubs.

1.5 Domain

domain is a private area within the Platform, where all (multi-)clubs of one Association that are related are managed and stored.

1.6 Platform

the complete application provided by Klubs including both the software applications and the database structure in which the processed information is stored and this regardless of the extent to which it is used 

1.7 Agreement

The specific agreements between Klubs and Customer regarding the services/service Customer purchases from Klubs. 

1.8 Transaction

a transaction consists of the various movements in the platform such as Members, registrations for activities, ... that have possible financial settlement.

1.9 Website

the Klubs.be website, accessible via a generic or specific url.

1.10 User

the Partner or the users (members, guests, ...) of the Partner performing manipulations on the Platform

Article 2 Scope 

2.1 These general terms and conditions apply to all our offers, quotations and agreements. 

2.2. Insofar as not otherwise agreed upon in the agreement, these general terms and conditions shall apply. The customer's general terms and conditions are hereby expressly rejected. 

2.3 Klubs is entitled to unilaterally amend the General Terms and Conditions. Klubs will inform the Partner of the intended amendments at least two (2) months before the amendments take effect. 

If the Partner does not agree to the proposed changes, the Partner may terminate by the date the change takes effect. 

If the Partner does not expressly object to the announced changes in writing within one month of receiving the notice from Klubs and before the announced changes take effect, the Partner will be deemed to have agreed to the changes.

Article 3 Offer and agreement 

3.1 Offers or quotations on the website or on the quotation are non-binding and revocable and should be regarded as an invitation to place an order. 

3.2 The cooperation is established only after Klubs has sent a confirmation by e-mail. 

3.4 Any agreements, commitments and/or changes in the cooperation made after the order is placed shall only be binding if they are agreed between the parties in writing or by email. 

3.5 Klubs is free not to accept a placed order without giving reasons. Absence of reaction on the part of Klubs shall be considered as non-acceptance.

Article 4 Prizes 

4.1 All prices charged by Klubs are exclusive of VAT and any other governmental levies payable by the Partner.

4.2 Information about the price, is available on the contract or its addenda.

4.3 The price is based on the following assumptions:

  • One-time set-up fee for the basic modules
  • Additional: Customization, Consulting, Integration, Data migration
  • License fee (monthly): depends on modules used and customization
  • Support need and intervention level

4.4 Klubs may charge for structural additional work beyond the
regular processing of documents, as defined in 4.3 or 4.2, at a pre-negotiated rate.

Article 5 Payment 

5.1 All payments, unless otherwise agreed in writing, shall be made exclusively by monthly direct debit or regular billing, for which the Partner is obliged to authorize Klubs. Authorization for direct debit is made by accepting the general condition when creating a new Klubs domain. Withdrawal of the direct debit or non-payment of invoices is a reason for Klubs to terminate the agreement. 

5.2 Billing will first take place during the 1st week of the following month after a new Association is formally registered as a Domain. After the start-up of an Association, billing takes place during the last week of the relevant month. 

5.3. If the Customer withdraws the authorization for monthly direct debit without legitimate reason or if the automatic direct debit cannot be executed for other reasons not attributable to Klubs, the interest and costs of collection, both judicial and extrajudicial, shall be borne by the Partner, whereby - in case of an extrajudicial collection - legal interest as stipulated in the Law of 2 August 2002 on combating late payment in commercial transactions will be due by operation of law and without prior notice of default, on the one hand, and damages amounting to 15% of the principal amount, on the other hand.

Article 6 Duration and termination of cooperation 

6.1 This agreement is concluded for an indefinite period of time and may be terminated by either party at any time by the anniversary of the agreement subject to 3 months' prior notice. Termination is done (i) either by notification by mail, expressly confirmed, (ii) or by registered letter. The termination, takes effect at the end of the month in which the termination occurs. 

6.2 Klubs shall be entitled to terminate the Agreement without notice of default, if the Partner fails to perform the Agreement in any way and fails to remedy the non-performance after notice and the expiration of a reasonable remedy period of 30 days. 

6.3 The Agreement shall terminate by operation of law and with immediate effect at such time as the Partner notifies Klubs that it is no longer able to meet its payment obligations, or at such time as Klubs must infer from the circumstances that the Partner can no longer meet its payment obligations, or at such time as the Partner becomes subject to the WCO, is granted suspension of payments or is declared bankrupt, or a request to that effect is filed with the judicial authorities, or in the event of a serious breach which renders the cooperation between the Parties permanently impossible, as described in Article 12.2 of the Agreement

6.4 Under no circumstances shall Klubs be liable to pay any damages as a result of a termination described in Articles 6.2 and 6.3. 

6.5 Upon termination of the Agreement due to Customer's failure to perform the Agreement, Klubs reserves the right to immediately cease and desist the use of Klubs' services. Klubs will not refund any fees to Customer upon termination of the Agreement for any reason.

Article 7 Obligations Clubs. 

7.1 The information used in the platform will be carefully archived and processed by Klubs. The Partner retains ultimate responsibility for, among other things, the membership register and is obliged to provide adequate review and control. 

7.2 Klubs creates a digital archive for the customer and provides a domain that can be accessed via a specific url 

7.3 Klubs is not responsible for the completeness of data and information provided by the Customer. 

7.4 Klubs shall use its best efforts to ensure that the data entered by the Customer is protected against loss, theft, unauthorized access and modification by non-users.

7.6 Klubs shall not be liable for any damages for loss or damage to data. 

7.7 Klubs outsources the hosting of the platform to a professional hosting provider. Klubs has arranged the infrastructure with this provider in such a way that an uptime of 95.0% can be realized on an annual basis. Klubs cannot be held liable if the uptime is lower. 

7.8 Klubs makes backups of its customers' data with a view to possible calamities. Restoring individual backups is not part of the standard service and can only be performed for a fee at an hourly rate of €50.00 per person. 

7.9 The data provided by the Partner or Users as well as the membership register can be retrieved by the Partner and by the User via various export functions and stored on their own storage medium. These data can be consulted with generally available software. 

Article 8 Obligations and cooperation Partner 

8.1 Documents and information should be delivered to Klubs in an orderly and organized manner.

8.2 The Partner must have an IBAN bank account.

8.3 The Partner must immediately notify Klubs in writing of any change in its address and/or payment details. 

8.5 The Partner is obliged to observe (or have observed) the rules of use in Article 9.

Article 9 Use rules 

9.1 It is not permitted to use the Platform in violation of legal provisions or the General Terms and Conditions. 

9.2 The Partner or the User is responsible for the content and correctness of the data it has provided Klubs with, even if it comes from third parties.

9.3 The Partner undertakes not to use or display any means that may harm or unreasonably burden the accessibility, security or proper functioning of the Platform.

9.4 In the event the Partner discovers or suspects any misuse of its account information, unauthorized access or use, the Partner has the obligation to immediately change its passwords and notify Klubs immediately.

9.5 The extra resulting from the delay in the execution of the order shall be borne by the Partner. 

9.6 If the Partner fails to comply with its obligations other than those referred to in Article 8, arising from these Terms and Conditions or any other legal relationship existing between the parties, Klubs shall be entitled to restrict or deny the Customer's use of services without prior notice. In doing so, Klubs shall ensure that the Customer shall at least remain able to take cognizance of its administration and data for a period of 90 days. 

Article 10 Data 

10.1 The data provided to Klubs will be stored in a database under the management of an independent third party. 

10.2 The User remains at all times the owner of the supplied data as well as the person responsible for its processing. 

Article 11 Intellectual property 

11.1 All copyrights, patent rights, trade name rights, trademark rights, industrial property rights and other intellectual property rights to, as well as all similar rights protecting information relating to Klubs, are the exclusive property of Klubs. None of the provisions included in the general terms and conditions may be construed as leading to a full or partial transfer of those rights to the Partner or User. 

11.2 You may not alter, remove or make unrecognizable any indication of Klubs' intellectual property rights. You may not use or register any trademark, design or domain name of Klubs or any similar name or sign in any country, anywhere in the world. 

11.3 Klubs shall indemnify the Partner and User against any damages to which the Partner and/or User is ordered to pay as a result of a legal action brought by a third party in connection with any infringement or alleged infringement of valid patents, copyrights, trademarks or other rights of third parties through the use of the Platform, in accordance with the Agreement and the Documentation, provided that Klubs is promptly notified in writing of such legal action when it is announced to the Partner/User and the latter(s) thereafter allows Klubs, in its sole discretion, to defend and settle such claims and provided that the Partner/User thereby provides all relevant information and other cooperation to Klubs upon Klubs' first request. 

11.4 The foregoing is without prejudice to the applicability of the provisions of Article 12 of these terms and conditions.

Article 12 Liability

12.1 Except in the event that special legal provisions exclude a limitation of Klubs' liability for damages resulting from intentional acts or gross negligence, Klubs shall only be liable for damages as described in the following paragraphs of this Article. 

12.2 In the event of property damage and/or bodily injury, whether or not such injury results in death, Klubs' liability for one damaging event shall in any event be limited to an amount equal to the fee payable by the Partner in one year for the use of Klubs' services. 

12.3 Klubs shall also not be liable for indirect damage, lost profits, lost savings, damage resulting from claims by Partners/Users or their contacts, mutilation or loss of data, damage related to the use of, materials or software of third parties, damage related to the engagement of suppliers prescribed by the Customer by Klubs, for consequential damage, regardless of the nature of the act (breach of contract, tort), even if Klubs has been informed of the likelihood of the occurrence of such damage. 

12.4 Klubs shall not be liable for any damages of any kind suffered by the Partner related to the temporary non-availability, temporary inaccuracy or temporary incomplete availability of the Services. 

12.5 Klubs is in no way liable for any damage of any kind suffered by the Partner in connection with the (non-)functioning of its software or that of third parties, of equipment of the Partner, Users, Klubs or third parties, or of Internet connections of the aforementioned persons. 

12.6 The Partner acknowledges and accepts that the fee for the Services has been determined subject to the limitation of liability set forth in this Article. 

12.7 The Partner acknowledges and accepts that the Services cannot be 100% secure nor perfect or 100% free of imperfections and that not all imperfections can be fixed. 

12.8 The Partner shall indemnify Klubs for claims of third parties arising out of or in connection with the Agreement or these General Terms and Conditions, except to the extent that the Partner would be able to enforce such claims against Klubs subject to the provisions of this Article if it had suffered the damage itself. 

12.9 The liability of Klubs on account of attributable failure in the performance of an agreement with the Partner shall in all cases arise only if the latter gives Klubs prompt and proper notice of default in writing, whereby a reasonable period is given to remedy the failure, and Klubs continues to fail imputably in the performance of its obligations after that period. The notice of default must contain a description of the failure that is as complete and detailed as possible, so that Klubs is able to respond adequately. 

12.10 Any right to damages shall lapse in any event if the Partner has failed to take measures to (I) mitigate the damage immediately after it occurs; (II) prevent (other or additional) damage from occurring; or (III) if the Partner fails to notify Klubs of the damage as soon as reasonably possible and to provide it with all relevant information. 

12.11 The condition for any right to compensation is always that the Partner reports the damage to Klubs in writing as soon as possible after it occurs. 

12.12 Any liability of Klubs shall expire no later than 1 year after the work has been performed. 

12.13 For all losses suffered by the Partner, in any way connected with or caused by non-performance, untimely performance or improper performance of the assignment, Klubs' liability shall in any event be limited to a maximum of once the amount charged or to be charged for the period in which the work causing the loss or damage was performed. 

12.14 Klubs shall not be liable for damage or destruction of data and/or records in transit or during shipment by mail or courier service, whether the transportation or shipment is made by or on behalf of the Partner, a User, Klubs or third parties. 

Article 13 Privacy 

13.1 The Partner shall indemnify Klubs against all claims of third parties (e.g. customers of the Customer) in relation to the agreement between Klubs and the Partner and/or the data processed by the Partner or the User under the agreement which may be brought against Klubs on account of a violation of the Personal Data Protection Act and/or other legislation concerning the processing of personal data not attributable to Klubs.

Article 14 Confidentiality 

14.1 Either party shall not disclose or use confidential information concerning the other party for any purpose other than that for which the confidential information was obtained. 

14.2 Each Party shall take all reasonable precautions to comply with its confidentiality obligations. None of the provisions of this Article shall impose any restriction on the Receiving Party with respect to any information or data, whether or not similar or identical to the information or data contained in the Confidential Information, if such information or data: 

  • were already in the lawful possession of the receiving Party before they were obtained from that Party;
  • developed independently by the receiving party without using information or data from the party concerned;
  • are or become generally known or generally accessible other than by an act or omission of the receiving party; or
  • disclosed by a third party to the receiving party, without violating any confidentiality obligation to the party concerned.

14.3 The confidentiality obligations under this Article shall not apply to the extent that confidential information of the other Party is required to be disclosed pursuant to law, regulation or court order or by decision of a public authority, provided that the receiving Party shall use its best efforts to limit the extent of such disclosure and shall notify the relevant Party in advance of such intended disclosure. 

14.4 The parties guarantee that their employees and/or the user as well as third parties engaged by the parties will comply with the confidentiality obligations described in this article. 

Article 15 (Delivery) deadlines 

15.1 All (delivery) dates are determined by Klubs to the best of its knowledge and will be observed as much as possible. As soon as Klubs becomes aware of a circumstance that may prevent timely delivery, it shall enter into consultation with the Customer. Under no circumstances shall the Partner be entitled to compensation in connection with late delivery. Klubs shall at all times be entitled to make partial deliveries. 

15.2 Deadlines by which the work must be completed shall only be regarded as deadlines if this has been expressly agreed. 

Article 16 Exclusion 

16.1 Except as expressly provided in the Agreement, Klubs makes no other or further warranties, representations, conditions with respect to the Services and Klubs hereby disclaims all other warranties, representations, or conditions, whether express, implied, or pursuant to law (including but not limited to warranties or conditions as to merchantability, which infringe other rights, or fitness for a particular purpose) with respect to the Services. 

Article 17 Force majeure 

17.1 A party is not obliged to fulfill a contractual obligation, with the exception of an obligation to pay, arising from the agreement or these general terms and conditions, if fulfillment is impeded by force majeure. Force majeure includes, but is not limited to, military action, government action, weather conditions, failure of or disruptions to telecommunications and Internet connections, delay or failure to fulfill obligations by Klubs' suppliers, transportation problems and strikes. 

17.2 If Klubs has already partially fulfilled its obligations when force majeure occurs, or as a result of the force majeure can only partially fulfill its obligations, it is entitled to charge separately for the performance already delivered or the deliverable part of the performance and the Partner is obliged to pay this compensation as if it were a separate agreement. 

17.3 As soon as it is clear that the force majeure situation will last longer than six (6) weeks, the other party has the right to terminate the agreement without compensation.

Article 18 Other provisions 

18.1 Klubs may assign or subcontract its rights or obligations under these General Terms and Conditions or the Agreement to a subsidiary or other third party engaged by it for that purpose. 

18.2 Any notice or other communication in connection with the contract or these terms and conditions shall be in writing and addressed to the address of the other party as stated in the contract. 

18.3 If any provision of the agreement or of these general conditions is wholly or partially void, voidable or contrary to law, it shall be deemed to be on

itself and not applicable. In such a case the parties shall consult to replace the provision in question by a provision of similar purport which is not wholly or partly void, voidable or in conflict with the law. The other provisions of the agreement or these general terms and conditions shall remain in full force and effect. 

18.4 Any delay or failure on the part of Klubs with respect to asserting any right that Klubs has against the Partner under the Agreement or these General Terms and Conditions shall not constitute a waiver of such right. If a party waives a right that it has under the Agreement or these General Terms and Conditions, this shall not imply that such party also waives or must waive such right or other rights in a subsequent case. 

18.5 The Agreement and these General Terms and Conditions fully reflect what has been agreed between the parties and supersede all prior and contemporaneous, express or implied, understandings, agreements, representations and warranties, whether written or oral. Except as provided in clause 2.3, the Agreement may only be modified by a written agreement signed by both Customer and Klubs. 

18.6 Any communication between Klubs and the Partner may be made electronically except to the extent that these General Terms and Conditions and/or the Agreement and/or the law deviate therefrom. 

18.7 The version of the communication concerned stored by Klubs shall serve as proof thereof, subject to proof to the contrary by the Customer. 

18.8 Electronic communications are deemed to have been received on the day of transmission, unless the opposite is proven by the recipient. If the communication has not been received due to delivery and/or accessibility problems regarding the Customer's e-mail box, this will be at the Customer's risk, even if the e-mail box is housed with a third party.

Article 19 Applicable law and competent court 

19.1 These general terms and conditions and the agreement are governed exclusively by Belgian law. 

19.2 All disputes in matters governed by these terms and conditions shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Antwerp.

Article 20 Additional General Terms and Conditions Partner Agreement 

20.1 The Partner and the Users are obliged to exercise due care when using the Klubs software, the Klubs platform and the domain, and to use them only for purposes for which the Klubs software, the Klubs platform or the domain is provided. 

20.2. The Partner shall indemnify Klubs for any third party claims related to the manner in which the Partner and/or his/her Customer uses the software and domains provided by the Klubs. 

20.3 Klubs is expressly entitled in case of (suspected) violation of the provisions of this article, to delete the registration and/or the account of the Partner and/or the User and/or to temporarily or permanently block the access of the Partner and/or the User to the platform or the domain. 

20.4 The Agreement is subject to the "General Terms and Conditions" of Klubs. The General Terms and Conditions are therefore an inseparable part of the Agreement. 

20.5 The Partner is responsible for ensuring that the General Terms and Conditions of Klubs are also agreed with the Users it introduces and declared applicable to the User's use of the Klubs software.

20.6 By signing the Agreement, the Partner declares to be familiar with and agree to these General Terms and Conditions. 

20.7 The provisions of the General Conditions apply in addition to the provisions of the Agreement. In the event of a conflict between a provision of the General Terms and Conditions and a provision of this Agreement, the provision of the Agreement shall prevail over the relevant provision of the General Terms and Conditions. 

Article 21 Additional General Conditions for Third Party Processing.

21.1 The data transferred to us for processing may be provided to third parties if this is necessary for carrying out the purposes described above. For some of these processors, a separate contract is established by the Association between this processor and the Association, such as Yuki, Treasurer, Mollie, ...

21.2 Specifically for processing by Mollie, as a payment institution, they have specific terms and conditions for using their services.

21.2 Failure to comply with these conditions shall be considered a Serious Failure as referred to in Article - Duration and End of Cooperation.

21.3 Conditions for using Yuki' s services - extract from their terms of use, see also their online terms and conditions

In addition to Yuki's rights under their terms and conditions and the law, Yuki may suspend the Yuki Services with immediate effect and without any obligation to pay damages if:

  • a Yuki Service is demonstrably used by User or an End User in a manner contrary to the Agreement and/or Yuki's instructions regarding use of the Service;
  • User and/or an End User demonstrably abuses the Yuki Service, which abuse, in the opinion of Yuki, has a demonstrably substantial negative effect on the Yuki Platform or the Yuki Domain, and/or on the performance of the Yuki Services with respect to other Users;
  • the use by User and/or End User is demonstrably contrary to applicable law or infringes the rights of a third party.

21.4 Conditions to use Mollie 's services - extract from their terms of use, see also their online terms
- https://help.mollie.com/hc/nl/articles/115000481665-Wat-zijn-de-voorwaarden-om-van-de-diensten-van-Mollie-gebruik-te-mogen-maken-

  • Only for Companies and Associations
  • Our license only allows us to process payments for companies, so not for individuals. A basic requirement is therefore that the company is registered with the trade register of the country of establishment. In addition, we are only allowed to pay out into a business account. So that too is mandatory. 
  • In addition, as a payment institution, we have established a policy of products and services for which we do and do not process payments. This policy is based on legislation, but also on potential risk and image damage for Mollie. 
  • As a payment institution, we are not required to disclose our underwriting policies in detail. However, we have compiled a list of products and services for which we cannot offer our services in any case.
  • Products and services not permitted
    We do not accept products and services that pose or may pose an unacceptable risk to Mollie's reputation. Do you offer one or more of these products or services? If so, we will reject your website and you will not be able to use our services.
    • Erotics
    • Financial services
    • Weapons
    • Medicines
    • Narcotics
    • Nutritional supplements
    • Illegal or stolen products
    • Stolen products
    • Games of Chance
    • Socially inappropriate behavior