By visiting this website (nybe.be), you declare that you agree with the applicability of this disclaimer.

Use of this website

The information on this website is intended, among other things, as a means of informing you about the products / services of NYBE. Although NYBE handles the compilation and maintenance of this website with care, NYBE cannot guarantee the completeness, correctness, and topicality of the information provided. NYBE cannot guarantee a flawless or uninterrupted functioning website.

Information from third parties

When NYBE refers to websites of third parties, this does not automatically mean that NYBE recommends the products or services offered on or via these websites. NYBE is therefore not responsible or liable for the content, availability or use of these websites. The referred links are therefore visited by you at your own risk.

Using information

All intellectual property rights and other rights related to the information on this website are not permitted to be copied, downloaded or in any way published, distributed or reproduced for commercial purposes without prior permission.

Modifications

NYBE reserves the right to change the information on this website at any time. No prior announcement is required for this. It is therefore up to the customer to read everything regularly: the general terms and conditions, privacy and cookie policy and other documents and content can change.

Responsible disclosure

Despite careful security, it can happen that there is a weak spot in our system. If you observe such a problem, you have the obligation to report this to us as soon as possible. You can do this by sending an email to [email protected] NYBE will pass this on to the IT party as soon as possible. When you encounter a vulnerability, do not take advantage of it. For example by:

• Implement changes in the system.
• Post malware.
• Gain access to our system and / or share access with others.
• Copy, change or delete data or configurations of the system (as well as directory listing or taking screenshots).

These terms and conditions are translated to English. Only the Dutch general terms and conditions are legally valid.

Article 1. Application of the general terms and conditions

1.1 These general terms and conditions apply to all offers, quotations, order confirmations, invoices of and agreements with BV NYBE, with registered office at 3550 Heusden-Zolder, Schaapsweg 114 and with company number 0668.397.207 (hereinafter: “NYBE”, “We” or “Us”). By placing an order for goods and/or services or by entering into an agreement with NYBE, the customer (hereinafter: the “Customer”) acknowledges that it is familiar with NYBE’s general terms and conditions and accepts them in full. If the Customer does not understand these general terms and conditions, or part thereof, the Customer undertakes to request additional explanation from NYBE or to request a translation, failing which the Customer cannot plead ignorance.

1.2 These general terms and conditions exclude the application of any general terms and conditions of the Customer and always prevail over the Customer’s sale and/or purchase conditions, unless NYBE expressly agrees in writing to the Customer’s general terms and conditions. The Customer cannot in any way rely on silence on the part of NYBE to claim acceptance of its own conditions.

1.3 We reserve the right to amend these general terms and conditions unilaterally.

Article 2. Orders and quotations

2.1 All offers and quotations from NYBE are non-binding until the moment the Customer accepts the offer in full and without reservation. The agreement is formed when the Customer signs the quotation for approval, unchanged and within the validity period stated on the quotation, and returns it to NYBE, and NYBE accepts this signed quotation within a period of five (5) working days. In the absence of a signed quotation, the agreement is formed, subject to these general terms and conditions, upon the Customer’s acceptance of NYBE’s invoice.

2.2 Each order binds the Customer. The order or the agreement replaces all previously concluded and/or oral agreements on the same subject matter.

2.3 Orders and quotations are strictly limited to their subject matter, in the sense that they are based on information available at the time the order or quotation is drawn up. Incorrect, changed or new information or circumstances, including where established in the course of performing the works, may give rise to suspension of the agreement and/or unilateral amendment of the conditions and/or the price, without prejudice to NYBE’s right, where applicable, to terminate the agreement. The conditions and/or the price may also be amended unilaterally following an increase in NYBE’s costs, including but not limited to the prices of suppliers or the prices of the goods ordered.

2.4 Additional arrangements or changes made at a later stage (additional or reduced work) only bind NYBE if they have been confirmed by NYBE in writing without reservation.

2.5 Offers and quotations from NYBE are drawn up on the basis of the information provided by the Customer. Quotations and performance only include services that are expressly stated therein. Additional services or materials resulting from unforeseen circumstances (including missing, incorrect or misleading information) or any other reason that is not solely attributable to NYBE’s conduct, are not covered by these services and will give rise to additional work.

2.6 The Customer acknowledges that proposals and agreements may be signed digitally or by other means.

Article 3. Cancellation of the order

3.1 Cancellation of an order is only possible insofar as NYBE has not yet started performing the agreement (e.g. by ordering goods and/or services from third parties) and subject to payment of compensation of 30% of the agreed price, with a minimum of €750.00, unless NYBE demonstrates greater damage.

3.2 Any cancellation of an order by the Customer must be made by registered letter.

3.3 The Customer, when acting as a consumer within the meaning of the Belgian Code of Economic Law when placing the order, enjoys the same conditions if NYBE cancels the order.

Article 4. Performance of the agreement

4.1 NYBE undertakes to make all reasonable efforts to perform the Agreement in a diligent manner. NYBE has a best-efforts obligation. NYBE is at all times entitled, without prior consent of the Customer, to use third-party subcontractors for the performance of (part of) the works.

4.2 Stated delivery and performance periods are always indicative and do not bind NYBE. Delay in delivery and/or performance does not entitle the Customer to compensation or a price reduction, nor to suspension of its payment or dissolution of the agreement.

4.3 The Customer shall do what is necessary to enable performance of the agreement. The Customer is obliged to accept the goods and/or services ordered at the time of delivery. If the Customer refuses, or fails to provide the necessary information or instructions to allow delivery to proceed, the goods or the results of the services will be stored at the Customer’s expense and risk.

4.4 Additional costs arising from delays that are not attributable to NYBE (e.g. the Customer providing incorrect, incomplete, misleading or late information) will be charged in accordance with Article 4.5 of these general terms and conditions and will give rise to a shift of the agreed delivery periods.

4.5 Additional work will only be performed if agreed in writing or digitally. Such additional work will be performed on a time-and-materials basis at the agreed unit prices, as stated in the quotation. If no unit prices have been agreed yet, the work will be performed at the hourly rate then applicable within NYBE (as evidenced by recent invoices from around that date), regardless of who performs this work on behalf of NYBE.

Article 5. Payment terms

5.1 Unless otherwise agreed in writing (e.g. by stating a due date on the invoice), all invoices are payable within a period of eight (8) calendar days. Each payment is applied to the oldest overdue invoice and first to interest and costs due.

5.2 Invoices are payable by bank transfer to NYBE’s bank account. Invoices for recurring services, including hosting and maintenance of the website, are payable by direct debit.

5.3 Additional work within the meaning of Article 2.4 is also subject to NYBE’s general terms and conditions.

5.4 Any delay in payment by the Customer makes all sums owed immediately due and payable and causes any payment arrangement and/or discount granted to lapse.

5.5 If the Customer fails to pay the invoice on the due date, the Customer shall owe NYBE, by operation of law and without prior notice of default, default interest at an interest rate of 10%, as well as lump-sum compensation of 10% of the invoice amount with a minimum of €250.00, from the due date until full payment. The Customer cannot apply set-off.

5.6 If the funds cannot be collected by direct debit, the Customer will be contacted after two attempts. Where applicable, the Customer shall owe an administration fee of €12.50.

5.7 In the absence of payment on the due date of the invoice, NYBE has the right to suspend its work and to make the services provided inaccessible until the Customer meets its payment obligations. NYBE also reserves the right to declare the agreement dissolved for the products or services that have not yet been delivered as a result of the Customer’s non-payment. Where applicable, NYBE has the right to reclaim goods delivered to the Customer against handing over a credit note for the residual value of the goods.

5.8 From two late payments, NYBE reserves the right to demand advance payments before performing the work.

Article 6. Complaints and protest against invoices

6.1 Any protest must be delivered to NYBE by registered letter within a period of eight calendar days, with a detailed description of the complaint and stating the invoice with which the services or goods concerned were invoiced. In the absence of timely protest, the services are deemed to have been definitively accepted and payment is due.

6.2 Visible defects or non-conforming deliveries must be notified to NYBE by registered letter without delay, and at the latest eight calendar days after delivery and/or performance.

6.3 Latent defects may give rise to liability where the defect manifests itself within three months after delivery and/or performance. Latent defects must, on pain of forfeiture, be reported to NYBE by reasoned registered letter within a period of eight calendar days following the discovery of the latent defect by the Customer or following the moment at which the Customer should have discovered the latent defect, and in any event no later than three months after the date of delivery of the services/goods. In its registered letter, the Customer must give NYBE a reasonable period of at least thirty days to remedy the undisputed defects insofar as possible. Only after expiry of this period can any liability be upheld. Failure to comply with this provision results in forfeiture of liability.

6.4 Claims under the warranty for latent defects within the meaning of Article 6.3 must be brought within a short time and in any event within a period of three months after the defect has been established. Any intervention, action or modification carried out after the Customer has established the defect, but before the defect has been jointly established with NYBE (contradictory finding), results by operation of law in forfeiture of recourse against NYBE.

6.5 In any event, in the case of an order of goods, the Customer must deliver the goods undamaged in their original packaging for examination by NYBE. If the complaint proves unfounded, the costs associated with the examination and the like shall be borne by the Customer.

Article 7. Liability

7.1 NYBE is not liable for errors in performance attributable to incomplete, misleading or incorrect information provided by the Customer or resulting from unapproved interventions by third parties.

7.2 NYBE cannot be held liable for any fault (even gross negligence) of itself or its agents, except in the case of deceit, intent or fraud. Whatever the cause, form or subject matter of the claim in which liability is invoked, NYBE shall in no event be liable for any indirect and/or consequential damage such as, for example, loss of expected profit, decrease in turnover, increased operating costs, loss of clientele, loss of data, delay or interruption of activities, which the Customer or third parties may suffer as a result of any fault or negligence of NYBE or an agent.

7.3 NYBE’s liability in respect of services provided to the Customer is in any event limited to either reimbursement of the price paid by the Customer, or re-performing or adjusting the services (in NYBE’s discretionary opinion) or replacing the goods delivered, at NYBE’s choice. NYBE’s total liability shall never exceed the price paid by the Customer to NYBE for the services that gave rise to the damage, and cannot exceed the insured amounts under NYBE’s professional liability insurance policy.

7.4 As regards services originating from third-party suppliers, NYBE accepts no liability above or other than the liability that the third-party suppliers are willing to accept for their products or services.

7.5 Insofar as applicable, NYBE is not liable for any accidents resulting from entering places where deliveries are to take place.

7.6 NYBE is not liable for errors of third parties, for example publication tools, hosting providers, etc.

Article 8. Retention of title

8.1 The materials or works delivered or realised in the context of performing the agreement remain the property of NYBE until the purchase price (principal, costs and interest), in the case of a sale and purchase, has been paid in full by the Customer. The Customer has no right to give the goods or works into safekeeping with others, to modify or alienate them, to encumber them with personal or real rights in favour of third parties, or to otherwise dispose of them before the purchase price has been paid in full.

8.2 The Customer bears the risk from the moment of delivery of the goods and/or the works.

8.3 NYBE also reserves the right to register the materials delivered in the context of performing the Agreement in the National Pledge Register, insofar as the purchase price has not been paid in full by the Customer.

8.4 The Customer is not permitted, before full payment of the purchase price (principal, costs and interest), to change, mutilate or remove the serial numbers, marks or type designations applied to the delivered goods, on pain of damages of 100% of the purchase price with a minimum of €500.00.

Article 9. Force majeure

9.1 NYBE is not obliged to perform any obligation if it is prevented from doing so as a result of Force Majeure. “Force Majeure” includes, among other things, power failure, failure of the internet, data network or telecommunication facilities, supplier bankruptcy, government measures imposed, pandemic or other unexpected events over which NYBE reasonably has no control, without NYBE being obliged to demonstrate their effect.

9.2 In the event of Force Majeure, NYBE is released from its obligations for the duration of the impediment and to the extent thereof, without any right to price reduction or compensation for the Customer.

9.3 Cases of Force Majeure entitle NYBE to terminate the agreement in whole or in part without NYBE being obliged to pay any compensation.

Article 10. Processing of personal data

10.1 NYBE and the Customer undertake in general to comply with the provisions applicable to them of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

10.2 Insofar as necessary, NYBE and the Customer will enter into a data processing agreement.

Article 11. Invalidity

11.1 If one of the articles of these general terms and conditions proves to be invalid, the Parties agree to replace this provision with a valid provision that comes as close as possible to the intention and scope of the invalid provision. This replacement provision will then apply.

Article 12. Transferability

12.1 NYBE has the right at all times to transfer the agreement in whole or in part to third parties without the prior consent of the Customer.

12.2 The Customer may not transfer the agreement, in whole or in part, without the prior written consent of NYBE. NYBE does not have to justify its refusal.

Article 13. Applicable law and competent court

13.1 Belgian law applies to the agreements concluded by NYBE, with express exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods). Any dispute relating to the conclusion, validity, performance and/or termination of this agreement or the general terms and conditions will be settled by the competent court having jurisdiction over the area in which NYBE has its registered office.

Article 14. Installation or use of the services

14.1 NYBE will (have) install(ed) the hardware and/or software ordered in the agreed processing unit in accordance with the signed quotation and only if this is provided for. The delivery date is given as an indication only and does not bind NYBE.

14.2 The Customer will provide all necessary information and content to NYBE in good time. No later than two weeks before the agreed delivery periods, the Customer must pass on all comments to NYBE. NYBE will not take into account comments that are passed on after this period has expired.

14.3 If, due to the Customer’s actions, the installation could not take place on time, the Customer shall pay as if the installation had taken place on time, without prejudice to NYBE’s obligation to carry out the installation at another time.

14.4 In order to carry out the installation properly, the Customer will, at NYBE’s request, make the following available free of charge: a. Specifications, documentation, access codes and manuals of equipment, websites and software to which the system to be delivered must be connected; b. User facilities on computer systems, websites and telecommunication facilities with sufficient capacity; c. Support by informed and expert staff; d. All necessary information.

14.5 The Customer shall ensure in good time that the environment in which the order is to be delivered, installed and tested is suitable for that purpose. If the environment is unsuitable due to any (technical) obstacle, the Customer shall ensure at its own expense that the obstacle is remedied without delay and that NYBE can carry out the order.

14.6 Additional costs not attributable to NYBE, such as where the Customer fails to submit information, documents, originals or images (in time) or where the Customer places additional orders, will be charged in accordance with Article 4.5 of the general terms and conditions.

14.7 Installation costs, assembly costs or other costs relating to the delivery and commissioning of the order are not included in the price, unless expressly agreed in writing.

14.8 NYBE relies on transparent and open communication. NYBE expects the Customer to communicate in good time if it wishes to implement certain changes.

14.9 The Customer must notify NYBE of any problems and adjustments etc. to the order. The Customer has no right to call upon a third party for any solution or adjustment without NYBE’s prior written consent, on pain of damages of €1,500.00 per case and per further day continued after discovery. In addition, any warranty will lapse if the Customer appoints a third party without NYBE’s prior consent.

Article 15. Performance of other services

15.1 Other services such as consultancy, workshops, training and the like will always be provided by appointment. All appointments, whether physical or digital, are charged at the rate agreed in the quotation.

15.2 If the Customer is more than 15 minutes late, the appointment will be cancelled and charged at the agreed rate.

15.3 The Customer has the right to cancel or change an appointment free of charge up to 4 weeks in advance. In the event of late cancellation or change, NYBE reserves the right to charge the following costs: a. 2 to 4 weeks before the appointment: 50% of the agreed price; b. 1 to 2 weeks before the appointment: 75% of the agreed price; c. Less than 1 week before the appointment: 100% of the agreed price.

15.4 NYBE may record meetings, telephone calls or online consultations (including via video or conferencing software) in the context of performing the Agreement (audio and/or video), for the purpose of administrative processing (including reporting and follow-up of action points) and/or for the purpose of providing evidence in the event of any dispute between the Parties.

15.5 NYBE will inform the participants in writing in advance of a meeting of any recording, including via the invitation (e-mail, calendar invitation or a similar written channel) and/or via a visible notice in the meeting application used, which must be expressly confirmed by the participant before the recording starts. In the absence of such prior written notification and confirmation, no recording will take place.

15.6 Recordings are processed in accordance with Regulation (EU) 2016/679 (GDPR) and NYBE’s privacy policy, and will not be retained longer than necessary for the purposes referred to in 15.4, except for a longer retention period required in the context of an ongoing dispute.

15.7 The Customer shall ensure that it informs in advance all participants whom it invites to the meeting, whether employees, agents or third parties, of the possible recording.

Article 16. Rates

16.1 The rates agreed in the quotation apply during office hours (09:00 to 17:00) on working days.

16.2 At the Customer’s request, its request may be handled as a matter of urgency, namely where NYBE performs the services within 24 hours after notification, at the agreed rates multiplied by a factor of 2, with a minimum of €162.00 (excl. VAT) per hour.

16.3 If the intervention has to be handled urgently on site, NYBE will perform the services within 48 hours after notification, and the rates will be multiplied by a factor of 2.5, with a minimum of €162.50 (excl. VAT) per hour. The hours worked are charged from the moment that (an employee of) NYBE leaves the location.

Article 17. Service level

17.1 NYBE’s services may be subject to a support and maintenance agreement. NYBE and the Customer will enter into a separate agreement for this purpose if they so wish.

17.2 Each request for support is charged at the agreed rate.

Article 18. Liability

18.1 For the avoidance of doubt and purely by way of example, NYBE is in no way liable for direct or indirect damage: a. Caused by incorrect, inaccurate or unrealistic information provided by the Customer; b. Caused by interventions by the Customer or third parties that have not been approved by NYBE; c. Caused by incorrect use, including use in a humid or dusty environment.

18.2 NYBE also accepts no liability for the security (anti-malware, anti-spyware, antivirus, anti-ransomware), the uptime or the legal compliance of the services it provides.

18.3 NYBE in no way guarantees the error-free operation of a programmed application. NYBE cannot be held liable for any damage that may result from any incorrect or interrupted operation of a programmed application. This is without prejudice to special provisions agreed in a service level agreement.

Article 19. Intellectual property rights

19.1 Intellectual property rights means, within the framework of these general terms and conditions, rights in, relating to or arising from: (i) trademark protection in any territory and/or Nice classification, or the registration of any domain, irrespective of the suffix, containing a trademark; (ii) any patent, national or international, or any application (including a patent application) therefor and any and all re-filings, divisions, continuations, renewals, extensions and continuations-in-part of such patent, (iii) inventions, discoveries (whether or not eligible for patent protection), disclosures of inventions, improvements, trade secrets, proprietary information, know-how, technology, financial and technical data; (iv) copyrights, registrations relating to copyrights, registrations and applications therefor in any country, and all corresponding rights therein throughout the world, (v) any other proprietary rights in or relating to the Confidential Information, including in any event the rights granted pursuant to the Belgian Act of 30 July 2018 on the protection of trade secrets (hereinafter: “Intellectual Property Rights”).

19.2 NYBE retains all Intellectual Property Rights relating to the works developed by it for the Customer. NYBE grants the Customer a non-exclusive, non-transferable licence right of use in accordance with its quotation or offer.

19.3 The Customer shall refrain from any act that may harm the Intellectual Property Rights of NYBE or third parties. In particular, the Customer shall refrain from copying (or having copied), modifying, adapting, altering, translating, reproducing or reverse engineering the aforementioned works and from using any trademark/trade name/brand name of NYBE, without express written approval for that purpose. NYBE is in no event liable for claims of third parties relating to infringement of any intellectual property of third parties. The Customer itself is liable for any infringement of intellectual property rights of third parties resulting from content publicly distributed or reproduced by the Customer itself, whether or not through the works made by NYBE. This applies, for example, to the placing of images or texts on the website or in advertisements.

19.4 The Customer warrants that it is the sole and lawful owner of the content to be provided, or that the use of this content in accordance with the agreement with NYBE does not infringe the rights of third parties. Insofar as necessary, the Customer will indemnify NYBE, on first request, against any and all claims that directly or indirectly are based on any breach of the aforementioned warranty.

19.5 In the event of a breach of the obligations stated in this article, the Customer shall by operation of law and without prior notice of default be liable to pay damages equal to €50,000.00, increased by €1,000.00 for each day the breach continues, without prejudice to NYBE’s right to claim higher damages, provided it proves its actual damage.

19.6 Transfer of Intellectual Property Rights can only take place expressly and in writing.

19.7 NYBE reserves the right to exploit the works it has created in the context of any agreement with the Customer, including but not limited to reproducing, communicating to the public, distributing and/or publishing them in the context of its commercial and promotional purposes. NYBE will refrain from any use that is not compatible with the aforementioned purposes.

19.8 If the Customer provides an assessment, review or testimonial about the products and/or services supplied by NYBE (e.g. via Google, LinkedIn, e-mail or another channel), the Customer grants NYBE a non-exclusive and royalty-free right to reproduce and use this assessment, in whole or in part, for commercial and promotional purposes, including publication on NYBE’s website, social media, brochures or commercial proposals, where applicable together with the Customer’s company name and/or the name of the author of the assessment. The use of the Customer’s logo or logotype requires the Customer’s separate express consent, to be given by e-mail or another written channel.

19.9 If the Customer does not wish (part of) an assessment provided by it to be used in this way, it must expressly notify NYBE of this. NYBE will cease and/or remove the publication concerned within ten (10) working days after receipt of this request. The Customer may at any time revoke the right of use granted in 19.8 for the future; this does not affect publications already published, except for a specific request for removal in accordance with this provision.

19.10 Upon termination of the Agreement as a result of a breach attributable to NYBE, NYBE will remove the publications containing the Customer’s company name or logo within thirty (30) days after such termination.

19.11 NYBE only uses authentic assessments that were actually provided by the Customer, and does not alter their content in a way that distorts the original meaning.

Article 20. Non-solicitation

20.1 During the term of the agreement with NYBE, and for 1 year after the end of the agreement, the Customer shall: a. not induce or attempt to induce any employee/self-employed collaborator/subcontractor of NYBE to terminate the relationship with NYBE; b. not hire any employee/self-employed collaborator/subcontractor of NYBE (or otherwise engage them as a self-employed person or in any other capacity).

20.2 In the event of a breach of the obligations stated in this article, the Customer shall by operation of law and without prior notice of default be liable to pay damages equal to 24 months of the gross salary and the remuneration of the solicited employee/self-employed collaborator/subcontractor, without prejudice to NYBE’s right to claim higher damages, provided it proves its actual damage.

Article 21. Suspension

21.1 NYBE is at all times entitled to suspend its obligations under this agreement immediately and without prior notice of default if the Customer commits a breach of the agreement concluded, including the unlawful use of the website, criminal or indecent content provided on the website, and this breach is not remedied within a period of eight (8) working days.

20.2 Where applicable, the Licensor is permitted to deny the Customer access to the services provided, without prior notice to the Customer.

Article 22. Duration and termination of the agreement

22.1 The agreement takes effect on the date of signature of the quotation in accordance with Article 2.1 of these general terms and conditions and will have a fixed term of 1 year, unless the quotation states otherwise.

22.2 The duration of an agreement is automatically extended (each time) by a period of 1 year upon expiry of the aforementioned period, unless the Customer or NYBE notifies the other party by registered letter 3 months before the end of the current period that it does not wish an extension.

22.3 The Customer may unilaterally terminate the agreement early by registered letter addressed to NYBE, subject to payment for all services provided by NYBE, as well as the costs NYBE must incur as a result of this termination, increased by lump-sum damages of 50% of the amount NYBE could still have invoiced to the Customer, with a minimum of €2,500.00, had the agreement been fully performed. Any advance payment made remains in any event acquired by NYBE. In addition, NYBE reserves the right to claim higher damages if it proves that its actual damage is greater than the lump-sum damages as determined above.

22.5 Termination of an agreement has the effect that all data located on devices managed by NYBE are deleted without further notice. This deletion can in no way give rise to liability on the part of NYBE.

22.6 NYBE has the right to terminate an agreement with immediate effect and without any compensation, without prior notice, if the Customer becomes involved in dissolution, bankruptcy or liquidation proceedings, or if the Customer becomes insolvent or disposes of all or a substantial part of its assets.

Article 23. Confidentiality

23.1 The Customer is prohibited from disclosing to third parties any information it has obtained from NYBE and which has been communicated as confidential or which the Customer could reasonably have assumed to be confidential, including in any event confidential information contained in computer programs, software and websites and information concerning prices, discounts and comparable conditions used by NYBE, audio and video recordings, guides, study materials, on pain of a penalty of €50,000.00 per breach.

Article 24. Cybersecurity and NIS2

24.1 NYBE pays particular attention to information security and cyber resilience and, to the extent that it falls within the scope of the Belgian Act of 26 April 2024 transposing Directive (EU) 2022/2555 (NIS2 Directive), or of any other applicable cybersecurity legislation, takes the appropriate technical and organisational measures required for that purpose.

24.2 If the Customer itself qualifies as an essential or important entity within the meaning of the NIS2 legislation, and NYBE acts as a supplier in that context, the Customer undertakes to notify NYBE thereof in writing in advance, so that the Parties can make the necessary arrangements, including regarding incident reporting obligations.

24.3 The Customer shall report to NYBE without delay any incident that may affect the security of the network and information systems that are used directly for the performance of the Agreement. NYBE, for its part, shall report to the Customer without delay any security incident at NYBE that may affect the services provided to the Customer or the data processed by NYBE for the Customer.

24.4 Information exchanged between the Parties in the context of this article shall be treated as confidential by the receiving Party and used exclusively to remedy the incident concerned or to limit its consequences.

24.5 This article does not constitute an acknowledgement by NYBE that it qualifies as an essential or important entity within the meaning of the NIS2 legislation; this must be assessed on a case-by-case basis on the basis of the statutory sector and size criteria.

Article 25. Use of artificial intelligence (AI Act)

25.1 In the context of its services, NYBE may use AI systems within the meaning of Article 3(1) of Regulation (EU) 2024/1689 (the “AI Act”), including, insofar as they meet that definition, chatbots, automated processes, content or text generation, and data analysis.

25.2 Where an AI system of NYBE interacts directly with the Customer or with a natural person on behalf of the Customer (e.g. via a chatbot or automated voice assistant), NYBE shall ensure, irrespective of whether it acts as provider or as deployer of the AI system concerned, that this person is informed that he or she is interacting with an AI system, in accordance with Article 50(1) of the AI Act, unless this is obvious from the point of view of a reasonably well-informed, observant and circumspect natural person, taking into account the circumstances and the context of use.

25.3 Depending on the specific services, NYBE acts as a “provider” within the meaning of Article 3(3) of the AI Act, where it develops an AI system or has an AI system developed and places it on the market or puts it into service under its own name or trademark, or as a “deployer” within the meaning of Article 3(4) of the AI Act, where it uses an existing AI system of a third-party supplier under its own authority for its services. This is without prejudice to Article 25 of the AI Act (responsibilities along the AI value chain).

25.4 Where the Customer itself further deploys an AI system developed or configured by NYBE within its own organisation, the Customer acknowledges that it may thereby itself qualify as a deployer within the meaning of the AI Act, with the associated statutory obligations, including the transparency obligations of Article 50 of the AI Act towards its own end users.

25.5 In accordance with Article 4 of the AI Act, NYBE takes measures to support the development of AI literacy among its staff and other persons operating and using AI systems on its behalf in the context of the services to the Customer.

25.6 NYBE does not deploy AI systems that fall under the prohibited AI practices referred to in Article 5 of the AI Act, and the Customer shall likewise not use the AI-related services or results supplied by NYBE for such purposes; no exception exists in this respect. The Customer shall likewise not use these services or results in the context of high-risk AI systems within the meaning of Article 6 of the AI Act (including the systems listed in Annex III), except with the prior express written agreement of the Parties. Such an agreement does not release either Party from the statutory obligations that the AI Act imposes on their respective roles (provider, deployer or other).

25.7 Where the services or results supplied by NYBE contain AI-generated content that the Customer publishes or distributes to its own end customers (e.g. generated texts, images or chatbot interactions), the Customer is responsible for compliance with the applicable transparency obligations towards those end customers, in accordance with Article 50 of the AI Act.

25.8 Where NYBE itself, as deployer, generates or manipulates image, audio or video content that constitutes a deep fake within the meaning of Article 3(60) of the AI Act, or generates or manipulates text that is published with the purpose of informing the public on matters of public interest, NYBE shall disclose that the content or text, as applicable, has been artificially generated or manipulated, in accordance with Article 50(4) of the AI Act and subject to the exceptions provided for in that paragraph.

25.9 Without prejudice to Articles 7 and 18 of these general terms and conditions, NYBE is not liable for the way in which the Customer interprets AI-generated output or bases business decisions on it, nor for the Customer’s non-compliance with its own obligations under the AI Act. This does not affect NYBE’s liability for defects in an AI system supplied or configured by itself.

If you visit our website nybe.be or one of our other domains that forward to this website, personal data will be processed from you. NYBE considers your privacy of great importance.

To respect your privacy as well as possible, we use several standards:

• Inform: We want to inform you as good as possible about how and why we process your personal data. We do this through this policy.
• Limit data: We try to limit our collection of personal data to what is necessary for the proper functioning of our website, and services.
• Security: We take appropriate security measures to protect your personal data.
• Consent: We ask for explicit consent in cases where your consent is required by law regarding data processing.
• Rights: We respect your right to access, correct or delete the personal data we process about you and any other rights you may have under applicable privacy laws.

In this privacy and cookie policy you can read how we put the above into practice.

The use of personal data

When using our websites, you leave certain information with us. That can also be personal data. We collect, store and use the personal data, which are provided directly by you (for example via the contact form on the website) or of which it is clear upon submission that it is provided to us for processing.

We will not use your personal data for purposes other than those for which we obtained it, unless you have given prior permission to do so or whether we are allowed or required to do so by law. Depending on which functionalities or services you use via the website or our services, we can process the following personal data.
from you:

• Name and address details;
• Telephone number;
• Billing information;
• Payment details;
• Email address;
• Login data;
• Gender;
• IP address;
• [……]

Your personal data will be used by us for the following purposes, but not limited to these purposes:

• Granting access to the website;
• Offering functionalities via the website;
• Invoicing the purchased services;
• Registering domain names;
• Sending newsletters;
• Improving and evaluating our website, and services;
• Answering and handling the questions you have asked;
• Offering targeted advertisements through search engines;
• Offering targeted advertisements through marketing platforms (such as: Facebook, LinkedIn, …).
• […….]

Contact form and emails

If you have any questions about NYBE or the services offered by us, please contact us. You can contact us by email or by telephone between office hours (except for public holidays and cases of force majeure). Our contact details can be found on the website: nybe.be.

If you fill in the contact form on the contact page, or if you send us an e-mail, the data you send us will be kept for as long as the nature of the form or the content of your e-mail requires for the complete answer and handling thereof.

Email processing is possible but not limited to the following parties:

Party	Goal	Establishment	Service
Google	E-mail traffic	US (Privacy Shield)	G Suite
CRM	CRM management	US (Privacy Shield)	Customer Relations
Administration  software	Administration	US (Privacy Shield)	Administration
Support software	Support	US (Privacy Shield)	Ticketing system
Email software	Email marketing  /Internet marketing	US (Privacy Shield)	Email marketing
Payment provider	Processing payments  and sending marketing  or non-marketing  related emails.	EU / US (Privacy  Shield)	Information necessary  for making payments  as well as advertising  or tracking payments  by email.

(Note: the above can change.)

Cookies

Cookies are used on our website. A cookie is a small file that is sent along with the pages of our website, and stored in the memory of your device. The information stored in a cookie can be transferred to our own secure servers or those of a third party.

Cookies are used on our website to: