The website www.bailbelgique.be is published by BailBelgique SRL, with registered office at Avenue Louise 367, 1050 Brussels, registered with the Crossroads Bank for Enterprises under number [BCE to be completed] and subject to Belgian VAT under number [VAT to be completed].
1. Purpose
These General Terms and Conditions of Sale and Use (GTC) define the terms and conditions for accessing and using the Site and the Services offered by BailBelgique.
They apply to all users, whether private individuals (consumers) or professionals (self-employed, companies), and govern the contractual relationship between the Client and BailBelgique.
These GTC may be supplemented, where applicable, by specific conditions applicable to certain Services (for example qualified electronic signature or registered postal delivery). In the event of a conflict, the specific conditions shall prevail.
The applicable GTC are those in force on the day the Services are used. Any modification is notified to Clients and deemed accepted upon continued use of the Services.
2. Acceptance of the GTC
Acceptance of these GTC is evidenced by a mandatory checkbox at the time of Account creation, next to the statement: “I have read and accept the General Terms and Conditions of Sale and the Privacy Policy”.
By ticking this box and completing registration, the Client:
- Acknowledges having read, understood and accepted without reservation these GTC
- Declares having the legal capacity to enter into the contract
- Agrees that this electronic acceptance has the same legal value as a handwritten signature
BailBelgique retains the date and time of each Client’s acceptance of the GTC, as well as the version of the GTC then in force, in order to be able to provide proof thereof if necessary.
At the time of registration, the consumer must tick an additional box: “I request the immediate performance of the digital Services during my trial period and I acknowledge that, if I exercise my right of withdrawal within 14 days, I may owe a proportional amount corresponding to the Services already used.” This statement is mandatory for any potential loss of the right of withdrawal to be enforceable.
3. Access to the Site and Services
3.1 Technical requirements
Access to the Services requires an active Internet connection and a recent browser (Google Chrome, Microsoft Edge, Safari or Mozilla Firefox).
The Client acknowledges that the Internet network may be subject to hazards that may cause interruptions, slowdowns or errors beyond BailBelgique’s control. It is the Client’s responsibility to ensure that their equipment is secure and correctly configured.
3.2 Account creation
Use of the Services requires the creation of a personal account. Registration is carried out via the designated form and requires the provision of accurate, complete and up-to-date information.
Each Account is strictly individual and gives access to a secure personal space (the “Client Area”). The Client declares:
- Being at least 18 years old and having the legal capacity to contract
- Maintaining the confidentiality of their login credentials
- Being solely responsible for the use of their Account
- Immediately informing BailBelgique in the event of loss or fraudulent use
Any incomplete, false, misleading or duplicate registration may be refused, suspended or deleted by BailBelgique.
4. Description of Services
The Client has access to a SaaS platform for online lease generation and property management.
4.1 Main features
- Generation and customisation of lease agreements adapted to Belgian law
- Property management tools: alerts, reminders, payment tracking, property condition reports
- Document space to centralise files related to managed properties
- Electronic signature (simple, advanced, qualified)
- Optional additional services (registered postal delivery, property valuation)
4.2 Subscription
The Subscription is entered into for a minimum period of one month and is invoiced in advance (monthly, quarterly or annually depending on the chosen plan). It renews automatically at each due date, unless cancelled by the Client. Any period commenced remains due.
4.3 Changes and updates
BailBelgique reserves the right to develop the platform, its features and content. These developments may be implemented without prior notice. The online version on the day of use constitutes the sole contractual reference.
5. Free 14-Day Trial
The User may benefit from a free trial period of fourteen (14) days giving access to the Services. The trial may be limited to certain features (for example 1 electronic signature included).
The same person (same name, email address, payment method or company) may benefit from the trial offer only once.
Unless the User cancels before the end of the trial in the Client Area, the chosen Subscription starts automatically at the end of the trial and the first period is invoiced in advance. No charge is made during the trial.
By activating the trial or the Subscription, the User requests the immediate performance of the digital Services. If the Services have been fully performed before the expiry of the withdrawal period, the right of withdrawal is lost. In the event of partial performance, the User will be charged proportionally.
6. Pricing and Payment Terms
6.1 Prices
Service prices are displayed:
- For individual Clients: in euros, inclusive of all taxes (VAT included)
- For professional Clients: in euros, excluding VAT (ex-VAT). Applicable VAT is added at invoicing
BailBelgique may modify its prices for the future; such modifications do not apply to Subscription periods already paid.
6.2 Payment methods
Payment is made online by:
- Direct payment: bank card or other secure method
- Recurring payment: bank card, SEPA direct debit or equivalent solution
Payment processing is entrusted to an approved provider who alone retains banking data. BailBelgique never has access to the Client’s banking details.
6.3 Recurring billing
All Subscriptions are invoiced in advance. Invoices are generated in electronic format and made available in the Client Area and/or sent by email.
6.4 Price revision (ongoing subscriptions)
In the event of a price change for a renewed Subscription, BailBelgique informs the Client with a minimum notice of 30 days. The Client may refuse the change by cancelling the Subscription before the effective date. Otherwise, the new rate applies automatically.
6.5 Late payment
Any amount unpaid at the due date may result in:
- Immediate suspension of access to the Services
- Charging of late payment interest at the applicable legal rate
- A reasonable lump-sum indemnity for collection costs
6.6 No refund
Except in the event of a proven and unresolved material defect attributable to BailBelgique, any commenced period is fully due. No refund, even partial, is granted in the event of early cancellation by the Client.
7. Right of Withdrawal
7.1 Individual Clients (consumers)
In accordance with the Belgian Code of Economic Law, any consumer has a period of fourteen (14) calendar days from the date of Subscription to exercise their right of withdrawal, without reason or cost.
- The right is maintained during the free trial period: the consumer may withdraw without charge as long as no paid service has been consumed
- If withdrawal occurs after use, a proportional amount for the service actually provided will be due
- One-off services (qualified signature, postal delivery) are invoiced in full if already performed
Withdrawal may be exercised:
- By email: facturation@bailbelgique.be
- By registered letter: BailBelgique – Customer Service, Avenue Louise 367, 1050 Brussels, Belgium
Standard withdrawal form (optional)
“I, the undersigned Mr./Ms. ………………………………… (surname, first name, address) hereby give notice of my withdrawal from my BailBelgique Subscription taken out remotely on …………………………………
The email address used for my user account is: ……………………………….
Done at ……… on ……….… Signature ……… “
7.2 Professional Clients
The 14-day right of withdrawal does not apply to contracts entered into in the course of a professional activity.
8. Legal Guarantee of Conformity
In accordance with the Belgian Code of Economic Law and European Directive 2019/770 on digital content and services, individual Clients (consumers) benefit from a 2-year legal guarantee of conformity for the Services provided by BailBelgique.
This guarantee covers conformity defects existing at the time of supply of the Service and which appear within two years of that supply. In the event of a conformity defect, the consumer is entitled to:
- Bringing the Service into conformity (correction, making available again)
- Failing that, a proportional reduction in price or termination of the contract
- Full reimbursement of sums paid in the event of termination
To invoke this guarantee, the Client must notify the defect by email to contact@bailbelgique.be within a reasonable time of discovery.
This legal guarantee is independent of any commercial guarantee that may be granted and does not deprive the consumer of other rights available under applicable law.
Professional Clients do not benefit from this consumer-specific legal guarantee. Their contractual relationship is governed by the general provisions of these GTC and by common law.
9. Client Obligations
The Client undertakes to comply with all laws and regulations applicable in Belgium as well as these GTC. The Client is solely responsible for the use made of the platform.
9.1 Information and account
The Client undertakes to provide accurate, complete and up-to-date information and to cooperate in good faith with BailBelgique. Access is granted on a strictly personal or legitimate professional basis and may not be transferred, shared or assigned.
9.2 Imported content
The Client warrants that they hold the necessary rights over any content they import and undertakes not to publish any content that is:
- Unlawful, misleading, fraudulent or infringing
- Infringing third-party rights (copyright, image rights, trademarks, privacy)
- Harmful to computer systems (viruses, malware, spam)
- Likely to compromise BailBelgique’s liability
9.3 Consequences of breach
In the event of a breach, BailBelgique may take any proportionate measure, including restricting or suspending access, terminating the Subscription, removing any unlawful content or reporting the facts to the competent authorities.
10. Force Majeure
BailBelgique’s liability shall be fully discharged if the non-performance of its obligations results from a force majeure event: unforeseeable, irresistible and beyond its control.
Examples: hosting provider failure, general infrastructure outage, large-scale cyberattack, natural disaster, or any event making it impossible to perform obligations.
If it is impossible to remedy the event within 30 days of its occurrence, BailBelgique may request termination of the Contract without compensation, while retaining the benefit of amounts due at the date of the request.
11. Cancellation
11.1 Cancellation by the Client
The Client may cancel their Subscription at any time from the Client Area. Cancellation takes effect at the end of the current period; any commenced period is due.
11.2 Cancellation by BailBelgique
In the event of a serious breach (non-payment, fraud, security breach, violation of the GTC), BailBelgique may suspend access and then terminate the Subscription after reasoned notice.
11.3 Data portability and retention
Until the effective date of cancellation, the Client retains access to the Service. From that date:
- The Client may export their data (documents, leases, condition reports, payment logs) via the Client Area
- BailBelgique retains data for 60 days for portability purposes, then proceeds to deletion or anonymisation
11.4 Tacit renewal
Subscriptions are tacitly renewed for the same duration as the subscribed period (1 month, 1 quarter or 1 year), unless cancelled before the due date.
BailBelgique applies the Data Act principles from now: no early cancellation fees, cancellation possible at any time, provision of a complete data export before account closure.
12. Liability
12.1 Best efforts obligation
BailBelgique undertakes to provide the Services diligently and in accordance with the state of the art. BailBelgique is subject to a best efforts obligation, not an obligation of result.
BailBelgique cannot be held liable for:
- Damages that do not directly result from a proven breach on its part
- Indirect damages (loss of profit, loss of chance, loss of revenue, loss of business or opportunities)
- Actions or omissions attributable to the Client, a third party, or a force majeure event
- Inconveniences related to the use of the Internet network
BailBelgique’s liability is limited to the amounts actually paid by the Client in the 12 months preceding the event giving rise to the damage.
12.2 No legal advice
BailBelgique provides no legal advice. The Services consist of a technical solution. It is the Client’s responsibility to verify the compliance of generated documents with their situation and to seek qualified legal advice where appropriate.
12.3 Client-generated content
Content imported or generated by Clients is not verified or moderated by BailBelgique, which acts solely as a technical hosting provider. The Client remains solely responsible for the Content they publish.
12.4 Data retention
BailBelgique declines all liability for data loss beyond 60 calendar days from cancellation. The Client is responsible for backing up their own data.
12.5 Third-party services
Where a Service involves a third party (postal delivery, qualified signature), BailBelgique is not responsible for failures or delays attributable to that third party.
12.6 Maintenance and interruptions
BailBelgique may temporarily interrupt access for maintenance, update or security reasons, without incurring any liability.
12.7 No absolute warranty
Features are provided “as is” and may occasionally contain errors, interruptions or technical limitations.
13. Electronic Signature
13.1 Framework and levels
BailBelgique offers an electronic signature service compliant with the eIDAS regulation. Depending on requirements, the signature may be implemented as a simple electronic signature (SES), advanced electronic signature (AES) or qualified electronic signature (QES).
The probative value depends on the level chosen and compliance with the identification, timestamping, integrity and retention procedures.
13.2 Probative value
The probative value varies depending on:
- The level (SES/AES/QES)
- The quality of identification
- Document integrity (fingerprint/hash)
- Timestamping and audit log
For high-stakes acts, use of a QES is recommended.
13.3 Freehand signature (canvas)
A freehand signature (drawn in a canvas) is not a qualified electronic signature and does not constitute a method of signature with autonomous probative value. It may be challenged or rejected by a court, an authority or a third party.
13.4 Off-platform signing and re-upload
The User may download their documents, sign them by their own means and re-upload them. In this case, BailBelgique is not responsible for the acceptance, validity or consequences of a method of signing carried out outside its eIDAS workflows.
13.5 Timestamping, integrity and retention
For signatures carried out via integrated eIDAS workflows, BailBelgique (or its provider) generates a timestamp, a fingerprint and an audit log. The User remains responsible for their own backups and legal archiving.
13.6 User responsibilities
The User undertakes to:
- Provide accurate information for identification purposes
- Not impersonate a third party
- Verify the content of the document before signing
- Choose a level of signature appropriate to the stakes
- Comply with any required checks (OTP, KYC, proof of authority)
14. Security, Availability and Backups
BailBelgique implements reasonable technical and organisational measures: encryption in transit (SSL/TLS), regular backups, access control.
Hosting is provided on servers located in the European Union. The Service may experience planned interruptions for maintenance or interruptions beyond BailBelgique’s control.
The processing of personal data is governed by our privacy policy, compliant with the GDPR. The Client remains responsible for their own backups and the accuracy of data entered.
15. Intellectual Property
The BailBelgique Site, together with all its systems, software, structures, databases and content (texts, images, logos, trademarks, videos, icons, tools, platforms, know-how) remain the exclusive property of BailBelgique or are licensed.
Without BailBelgique’s prior written consent, the Client is prohibited from reproducing, distributing, publishing, adapting, translating or exploiting all or part of the Site.
As part of their Subscription, the Client benefits from a personal, non-exclusive, non-transferable and non-assignable right to access and use the Services, for the duration of their Subscription.
Unless expressly refused, BailBelgique may include the Client among its references, for informational and professional purposes.
16. Subcontracting and Assignment
16.1 Subcontracting
BailBelgique reserves the right to engage subcontractors for the performance of all or part of the Services, in particular for:
- Data hosting (Hostinger, Amazon Web Services)
- Payment processing (approved PSP provider)
- Qualified electronic signature (eIDAS trust service provider)
- Registered postal delivery (bpost or equivalent)
- Any other technical service necessary for the operation of the platform
BailBelgique remains liable to the Client for the proper performance of the Services, including when performed by a subcontractor. The updated list of subcontractors processing personal data is available in the privacy policy.
16.2 Assignment by BailBelgique
BailBelgique may assign or transfer these GTC and the rights and obligations arising therefrom, in particular in the context of a merger, acquisition, restructuring or asset sale. In such case, the Client will be informed by email and may cancel their Subscription within 30 days if they do not accept the new contracting party.
16.3 Assignment by the Client
The Client may not assign, transfer or sub-license all or part of the rights and obligations arising from these GTC without BailBelgique’s prior written consent.
17. Notices and Communications
Communications between BailBelgique and the Client are carried out primarily by the following means:
- Email: to the address provided by the Client at registration (primary means of communication)
- Client Area notifications: for information relating to the Subscription, invoices and Services
- Postal mail: for formal notifications (withdrawal, formal notice, cancellation)
The Client undertakes to keep their contact details up to date (email address, postal address) in their Client Area. Failing this, communications sent to the last known contact details will be deemed validly received.
Notifications from BailBelgique are presumed received:
- By email: on the day of sending
- By registered mail: on the 3rd working day following sending
18. Advertising
BailBelgique reserves the right to include, on its Site or in its communications, informational, promotional or advertising content, for its own services or those of selected partners.
The Client acknowledges that the possible presence of such content in no way affects the quality or availability of the subscribed Services.
19. Third-Party Links and Sites
The Site may contain hyperlinks to other sites or applications managed by third parties. BailBelgique has no control over these sites and cannot be held responsible for their content, availability, or for the products, services or information contained therein.
Any direct transaction between the User and a third party is the sole responsibility of that third party.
20. Miscellaneous Provisions
20.1 Partial invalidity
If one or more clauses of these GTC are declared null, unenforceable or unwritten by a court decision or by application of a law, regulation or rule, the other clauses shall retain their full force and effect.
In such case, BailBelgique and the Client shall endeavour to replace the invalid clause with a valid clause having, as far as possible, an equivalent economic and legal effect.
20.2 No waiver
The fact that BailBelgique does not invoke, at any given time, a breach by the Client of any of the obligations under these GTC shall not be interpreted as a waiver of the right to invoke such breach at a later date.
No tolerance, even if repeated, shall constitute an amendment to these GTC or create any right in favour of the Client.
20.3 Entire agreement
These GTC, together with the Privacy Policy, the Cookie Policy and, where applicable, the specific conditions applicable to certain Services, constitute the entire agreement between BailBelgique and the Client with respect to the subject matter hereof.
They supersede and cancel all prior agreements, communications, representations or warranties, written or oral, relating to the same subject matter.
20.4 Headings
The headings of the articles and sections of these GTC are provided for convenience only and shall not affect the interpretation of the content of the clauses.
21. Language
These General Terms and Conditions are drafted in French, Dutch and English. These translations are provided to facilitate access to information.
In the event of any discrepancy in interpretation, the French version shall prevail and shall be considered the only authentic version having legal value.
22. Governing Law and Dispute Resolution
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute, the parties agree to seek an amicable solution as a first step. Failing settlement within 30 days, the dispute shall be brought before the competent courts of the judicial district of Brussels, which shall have exclusive jurisdiction.
Before any legal action, you may contact the Consumer Mediation Service or the European ODR platform. Contact details are available in our legal notice.