Terms and conditions

Please read these General Terms and Conditions carefully. These General Terms and Conditions govern the contractual terms of access to the Site and the use of the Services offered by Govex SRL, with registered office at Esplanade 1/71, 1020 Bruxelles (hereinafter “Govex”). You may read and print these General Terms and Conditions before registering on our Site to access the services. The General Terms and Conditions are permanently accessible on our website. Access to the services offered on the Site is subject to prior registration. During the registration process, you will be asked to confirm that you have read the General Terms and Conditions by clicking the “I accept the general conditions of Govex” button. From that point on, you are deemed to have read and accepted the General Terms and Conditions. If you did not register on the Govex Site yourself, you are nevertheless deemed to have accepted the General Terms and Conditions by accepting the terms and signing the Order Form. 

1. DEFINITIONS 

For the purposes of these General Terms and Conditions, the following terms have the specific meaning given below. Singular includes plural and vice versa: 

(1) “Subscription”: the amount paid by a Client to Govex, after acceptance by Order Form, to access Govex’s services. 

(2) “Public Tender” or “Public Procurement”: a procurement or request for information procedure initiated by a public authority and published in an official publication. 

(3) “Order Form”: confirmation of the Client’s Subscription. This confirmation may be sent by fax, e-mail or postal mail. 

(4) “General Terms and Conditions”: these terms and conditions of Govex, binding on Users and/or Clients from their registration on the Site and/or signature of the Order Form, including for Govex clients using consulting or other services, as well as users of Govex-affiliated sites and/or companies. 

(5) “Contract”: the agreement concluded between Govex and the User upon registration and submission of a Registration Form and/or return of a signed Order Form. 

(6) “User Data” or “Registration Information”: all registration data provided by the User in the Registration Form and any other data provided in the course of the Contract. 

(7) “Registration Form”: the web pages to be completed by the User or by Govex, containing the User’s details to initiate a Subscription. Sending a Registration Form binds the User to the Contract. 

(8) “Client”: the User who wishes to use Govex’s paid Monitoring Service or any other paid Govex service. 

(9) “Username”: the code name used by the User on the Govex Site. 

(10) “Password”: the User’s access code to the Site. The Password is issued by Govex. The User may change it, provided it contains at least four characters. 

(11) “Remuneration”: all Subscription fees received by Govex in exchange for Monitoring Services and/or any other consulting, training, development or other paid services. 

(12) “Monitoring Service”: the transmission by Govex of Public Tender notifications by e-mail to Clients according to criteria defined in the Order Form. 

(13) “Site”: the Govex website at https://www.govex.be/ including all linked and affiliated sites, web pages, and services offered by Govex on the Site. 

(14) “Territory”: the European Union. 

(15) “User”: includes subscribed Clients and users in a trial period. The Site may only be used for professional purposes. 

2. PURPOSE OF THE CONTRACT 
In exchange for Remuneration, Govex offers a Public Procurement Monitoring Service and other related services. 

3. REGISTRATION AND USER DATA 
To use the Site, the User must enter a Username and other User Data as requested in the Registration Form. The User may not use a Username and/or Password that does not belong to them. The User shall take all reasonable measures to keep their Password confidential and not shared with third parties. The User is responsible for maintaining the confidentiality of their Password and any actions taken with it. The User agrees to notify Govex immediately in the event of unauthorized use of their Username or Password or any other potential security breach. Govex may refuse registration if the User does not meet Govex’s requirements. Upon acceptance, Govex will grant access to the Site in accordance with these Terms. The User agrees to (a) provide accurate, up-to-date, and complete User Data, (b) update User Data as needed, and (c) not impersonate another person or use a false name or unauthorized identity. If any User Data is found to be inaccurate, Govex reserves the right to terminate the Contract and deny further access. 

4. USE OF THE SITE AND MONITORING SERVICE; GOVEX OBLIGATIONS 
Upon registration and/or signature of the Order Form, Clients will receive Public Tender notifications via email. Govex strives to send emails promptly and provide 24/7 access to the Site. However, due to the nature of email and the internet, Govex cannot rule out delays or interruptions in service or server outages. In such cases, Govex will make every effort to resolve the issue quickly. Govex cannot be held liable for the non-receipt of emails due to reasons beyond its control. Clients are solely responsible for configuring firewalls, antivirus, spam, and junk filters to ensure delivery. 

5. REMUNERATION AND PAYMENT 
Clients agree to pay Govex the agreed Remuneration following confirmation of the Subscription via Order Form, for access to the Monitoring Service, the Site, and any additional services. Subscriptions are made by submitting an Order Form or notification to Govex and confirmed by Govex’s invoice. Subscription prices may be increased annually by 4.4% to reflect inflation and activity growth. Subscription fees are non-refundable during or after the subscription period. Subscriptions are non-transferable. Subscription durations are 12, 24, or 36 months, and renew automatically for 12 months unless cancelled by registered letter at least two months before renewal. Invoices are payable within 15 days of issue. Late payments incur interest of 1% per month and a fixed penalty of 15% of the invoice amount (minimum €50). Unpaid subscriptions may lead to suspension or termination of services at the Client’s expense. These terms also apply to invoices for consulting, development, and other services. 

6. USER OR CLIENT OBLIGATIONS 
In addition to paying the agreed Remuneration, each User may only benefit from the free trial period once. Any new registration—whether under a real or false name, or impersonating another person or entity—with the aim of benefiting again from a free trial period will automatically be considered a subscription to Govex for a one-year period, without requiring confirmation by Order Form. 

7. PROPER USE OF THE GOVEX SITE BY THE USER 
The User agrees to comply with all legal and contractual provisions applicable on the Site and to refrain from interfering with the use of the Site by other Users, whether competitors or not. The User is solely responsible for the information they provide to Govex. The User agrees not to use the Monitoring Service, the Site, or any other Govex service for illegal or inappropriate purposes. The User agrees not to circumvent, copy, disclose, use, or attempt to reverse-engineer any of the Site’s security mechanisms or access codes. The User also agrees not to interfere in any way with the IT infrastructure of the Site. The User is not permitted to manipulate or use data to create publications or services that compete with those currently or in the future offered by Govex. Data may only be used for personal or internal business use by the subscribed User. Under no circumstances may the data be transferred or sold to third parties. 

8. MODIFICATION OF GENERAL TERMS, MONITORING SERVICE, AND SITE 
Govex may modify the General Terms and Conditions at any time, for instance to comply with legal changes. Users will be appropriately informed of such modifications via the Govex newsletter or by other means. Users agree to consult the updated terms as soon as they are notified. Any use of the Monitoring Service and/or the Site after notification implies acceptance of the revised General Terms and Conditions. Govex reserves the right to modify the structure and content of the Monitoring Service and/or the Site at any time. Major changes will be communicated when possible. 

9. INDEMNIFICATION 
The User agrees to indemnify Govex, its affiliates, partners, employees, and directors in case of any claim or legal action by a third party resulting from unlawful or fraudulent use of the Monitoring Service, Site, or other Govex services, from User Data, or from any violation of these Terms or third-party rights. In the event of termination due to fault, the User shall owe liquidated damages equal to 15% of the remaining amount due, without prejudice to legal interest or court costs. 

10. WARRANTY DISCLAIMER 
Govex acts solely as an intermediary providing information on Public Procurement. Given the limited nature of Govex’s role, no warranty is given regarding the content of public tenders. Govex does not guarantee the absence of incorrect, incomplete, or delayed information. Govex makes no guarantees as to the results of using the Monitoring Service, Site, or other services, nor the accuracy or reliability of any information accessed through these means. The services are provided via email and the internet, with inherent risks. Govex does not guarantee protection against system intrusions, viruses, or errors affecting Site features. Users assume all risk in sending or receiving information via email or the Site. Content downloaded or accessed via the Site is at the User’s own risk. Advice or information provided by Govex cannot be construed as modifying the Contract. Affiliate sites linking to Govex provide no guarantees on Govex’s services, content, or functionality, and Govex disclaims responsibility for third-party sites it may link to. 

11. LIABILITY 
Govex, its affiliates, and partners are not liable for the content, accuracy, reliability, relevance, applicability, interpretation, or timing of public tender information or its transmission. They are not responsible for any content transmitted by Users or tender owners, including any abusive, misleading, defamatory, or unlawful content. The User is solely responsible for their Registration Information and any other content submitted to Govex. Govex and affiliates shall not be liable for direct or indirect damages (e.g., lost income, business, contracts, or profits) arising from use of the Monitoring Service, the Site, or email system interruptions. Affiliate sites referring to Govex are exempt from any liability. Govex is only bound to an obligation of means for consulting, training, development, and other services. In these cases, liability is limited to the last amount paid by the Client for the service. 

12. TERMINATION 
Without prejudice to the right to claim damages, Govex may terminate any Contract without prior notice if the User breaches any provision. In such cases, the User will be notified electronically, and access to the Site will be suspended or permanently revoked. Any outstanding amounts remain due, and no refunds will be issued for amounts already paid. 

13. INTELLECTUAL PROPERTY RIGHTS 
Govex holds all intellectual property rights, including sui generis rights, related to the Monitoring Service and the Site. Accordingly, the User agrees not to use, exploit, or divert, in any way or form, any part of the Monitoring Service or the Site, including but not limited to texts, forms, names, acronyms, logos, graphics, images, or any distinctive sign whatsoever. The User expressly authorizes Govex to reproduce on its Site any texts, forms, names, acronyms, logos, graphics, images, or any distinctive signs communicated in the context of services related to Public Procurement. 

14. NOTIFICATIONS TO THE USER 
Any messages or notifications to the User regarding use of the Site will be made via the Site, email, or postal mail to the address provided in the Registration Form or Order Form. Govex shall not be held liable for any damages arising from the User’s failure to keep their contact details up to date. 

15. FORCE MAJEURE 
Govex shall not be liable for failure to fulfill any contractual obligation if such failure is due to force majeure or any event beyond its reasonable control. 

16. USER DATA PROCESSING 
For the purpose of executing the Contract, the party responsible for processing User Data is Govex SRL, whose registered office is located at Esplanade 1/71, 1020 Bruxelles, Belgium. User Data submitted to Govex may be used by Govex and its affiliates for direct marketing purposes initiated by Govex and/or the affiliate and for creating the User’s public profile. Users have the right to access their public profile and User Data. A User may modify their public profile and User Data via the “My Govex” section of the Site. 

17. COMMON PROVISIONS 
The Contract is concluded intuitu personae between Govex and the User. The rights and obligations under this Contract may not be transferred, in whole or in part, to any third party, except in the case of a merger or acquisition. The fact that Govex does not enforce a right or provision shall not be interpreted as a waiver of such right or provision. The limitations and exclusions set forth in these General Terms and Conditions apply only if and to the extent permitted by Belgian law. Any part or entire provision of the Contract found to be unenforceable or illegal shall be deemed severable and shall not affect the validity of the remaining provisions. The parties agree to replace any such unenforceable or illegal provision with one of equivalent economic effect. Any dispute concerning the interpretation or execution of the Contract shall fall under the exclusive jurisdiction of the competent courts of Brussels. Belgian law shall apply, and the procedural language will be that of the User’s Registration Form or Client’s Order Form. The Contract contains all the contractual provisions between Govex and the User regarding the Site and its services, superseding all prior agreements. The French and Dutch versions of the General Terms and Conditions are both official versions.