Terms & conditions

1. Identity of the provider

Boekbaar is a product of Publiking.be.

Boekbaar provides a professional website with an online appointment system, together with the associated technical services.

PUBLIKING VOF (legal form: VOF), company number BE 0676.788.103.

Address: Rijnrode 95A, 3460 Assent.

Email: hello@boekbaar.be.

Phone: +32 (0)474 08 35 50.

Hereinafter referred to as: "Boekbaar", "we", "us" or "the provider".

The customer is hereinafter referred to as: "the customer".

2. Scope of application

These terms and conditions apply to every offer, every request, every order, every invoice, every agreement and every service provided by Boekbaar.

Boekbaar offers a professional website with an online appointment system for self-employed professionals, liberal professions, sole proprietorships and small businesses that work by appointment.

Boekbaar is intended exclusively for professional customers acting in the context of their self-employed activity, profession or business.

By submitting a request or placing an order, the customer confirms that he or she acts as a professional customer and not as a consumer.

Deviations from these terms and conditions are valid only when confirmed in writing by Boekbaar.

3. Description of the service

Boekbaar is a productized website and appointment system.

The standard service consists of a professional website with an integrated online appointment module.

The website is intended for self-employed professionals and businesses that want to let their customers book appointments online.

The exact content of the service is described on www.boekbaar.be, in the request flow, in a quotation or in written communication between Boekbaar and the customer.

• a professional website
• an online appointment system
• a management environment
• management of services, treatments or appointments
• management of availabilities
• an administrative calendar
• automatic confirmation emails
• automatic reminder emails
• a secure cancellation link for end customers
• possibility to edit website content
• possibility to manage photos
• possibility to set an accent color
• hosting
• a standard domain name
• domain management
• basic technical operation
• standard maintenance

4. Target audience and professional use

Boekbaar is intended for professional customers.

Boekbaar is not intended for private consumers.

If a consumer nevertheless submits a request, Boekbaar reserves the right to refuse or cancel the request.

• beauticians
• foot care specialists
• nail stylists
• hairdressers
• coaches
• therapists
• personal trainers
• photographers
• consultants
• other self-employed professionals or businesses that work by appointment

5. Prices

The standard price for Boekbaar is a one-time setup fee of EUR 999 excl. VAT and an annual technical fee of EUR 249 excl. VAT.

All prices are stated excluding VAT, unless explicitly stated otherwise.

For the first year, the total excl. VAT is EUR 1,248, with 21% VAT of EUR 262.08 and a total incl. VAT of EUR 1,510.08.

From the second year onward, only the annual technical fee of EUR 249 excl. VAT is due, unless agreed otherwise.

Boekbaar reserves the right to change prices. Price changes do not affect already confirmed orders, unless agreed otherwise or legally permitted.

6. Annual technical fee

The annual technical fee is by default EUR 249 excl. VAT per year.

This annual technical fee includes the basic technical provisions required to keep the Boekbaar website and appointment system operational.

Standard maintenance means: technical maintenance and basic interventions required for the normal operation of the website and appointment system.

The annual technical fee does not include:

• new features

• custom development

• major content changes

• copywriting

• branding

• logo design

• photography

• photo editing

• extensive support

• training

• redesigns

• paid advertisements

• SEO trajectories

• social media management

• multiple domain names

• premium domain names

• complex domain transfers

• integrations with external software

• exceptional technical modifications

• migrations to external systems

• services not expressly listed as included

Non-included services may be offered and invoiced separately.

• standard hosting
• a standard domain name
• domain management
• database
• basic technical operation
• standard maintenance
• basic infrastructure
• reasonable technical follow-up required to keep the website operational

7. One-time setup fee

The one-time setup fee is by default EUR 999 excl. VAT.

This setup fee includes the startup, configuration and basic delivery of the Boekbaar website with appointment system according to the standard formula.

The setup fee does not include custom work, unless agreed otherwise in writing.

• technical setup
• basic configuration
• processing of the supplied onboarding information
• configuration of services or treatments based on the supplied information
• basic setup of the website
• basic setup of the appointment system
• basic delivery

8. Request and formation of the agreement

The customer can submit a request or order via www.boekbaar.be.

A request or order via the website constitutes a request to purchase Boekbaar.

The agreement is formed once Boekbaar confirms the request or order in writing, for example by email, or once Boekbaar starts executing the assignment after receiving the customer data.

By submitting a request or order, the customer confirms that he or she:

Boekbaar reserves the right to refuse a request or order, for example when:

• the customer provides incomplete or incorrect data

• the customer does not act as a professional customer

• the desired domain name is not available

• no suitable alternative domain is agreed

• execution is technically, legally or commercially not feasible

• there are suspicions of abuse, fraud or unlawful use

• acts as a professional customer
• is authorized to place an order on behalf of his or her business
• provides correct and complete data
• agrees to these terms and conditions
• agrees to the privacy statement
• agrees to the data processing agreement where applicable
• understands that the annual technical fee is invoiced immediately
• understands that the one-time setup fee is invoiced one month later

9. Order process

No online payment takes place via www.boekbaar.be. The website records the request or order and provides the necessary information to Boekbaar.

Payment takes place through manual invoicing.

• viewing the price and content of the Boekbaar package
• filling in contact and business details
• providing a desired domain name and possible alternatives
• filling in additional onboarding information
• confirming the request or order
• receiving a confirmation by email
• receiving an invoice for the annual technical fee
• receiving an invoice for the one-time setup fee one month later

10. Invoicing

Boekbaar works with manual invoicing.

No online payment is made via Mollie, Stripe or another online payment provider, unless explicitly stated otherwise at a later stage.

The customer receives invoices that are manually prepared and sent in the name of the customer or the customer business.

The annual technical fee of EUR 249 excl. VAT is invoiced immediately after the request, order or acceptance of the assignment.

The one-time setup fee of EUR 999 excl. VAT is invoiced one month after written acceptance of the order, unless agreed otherwise in writing.

The annual technical fee is due from the first year onward.

The customer accepts electronic invoicing.

11. Payment term

Invoices are payable within 14 calendar days after invoice date, unless otherwise stated in writing on the invoice or otherwise agreed.

Payment is made by bank transfer or by another payment method stated on the invoice.

In case of late payment, Boekbaar reserves the right to suspend performance, postpone delivery, temporarily deactivate the website or service, refuse further services until full payment is received, charge statutory interest and recovery costs, and charge administrative costs for payment reminders insofar as legally permitted.

Late payment does not suspend the payment obligation.

Objections to an invoice must be communicated in writing and substantiated within 8 calendar days after invoice date. In the absence of a timely objection, the invoice is deemed accepted.

12. Domain names

When submitting a request or order, the customer may indicate a desired domain name and possible alternative domain names.

The website may perform an indicative domain check, but this check is not binding.

The availability of a domain name is only final after effective registration by or on behalf of Boekbaar.

The following notice applies to every domain check: "The availability of your domain name is being checked, but is only final after effective registration."

A standard domain name is included in the annual technical fee.

A standard domain name means: a regular domain name with a common extension, including but not limited to .be, .nl, .com or .eu, insofar as available at a normal market price.

If the desired domain name proves unavailable, Boekbaar will contact the customer to discuss an alternative.

If no suitable alternative is found, Boekbaar may refuse or cancel the request.

The customer is responsible for correctly providing the desired domain name and business details.

Boekbaar is not liable when a domain name is registered by a third party between the indicative check and effective registration.

• premium domain names
• multiple domain names
• domain names with exceptionally high registration or renewal fees
• complex domain transfers
• purchase of domain names from third parties
• negotiations regarding existing domain names
• legal disputes regarding domain names
• trademark research
• domain monitoring
• domain portfolios

13. Domain management

Unless agreed otherwise, the domain name is technically managed by Boekbaar or by a registrar selected by Boekbaar.

Boekbaar manages the domain name insofar as necessary for the operation of the website and appointment system.

If practically and technically feasible, the domain name can be registered in the customer name or linked to the customer business.

The customer acknowledges that domain registration depends on external registrars, registries and technical providers.

Boekbaar is not liable for delays, refusals, outages, price changes or policy changes of domain registrars or registries.

Upon termination of the collaboration, the customer may request transfer of the domain name.

Boekbaar may charge reasonable fees for domain transfer, technical guidance or administrative processing.

• all outstanding invoices have been paid
• there are no contractual or technical impediments
• the domain name is transferable
• the customer provides the necessary information
• any fees for transfer or technical guidance are paid

14. Onboarding

After the request or order, the customer gets access to an onboarding page or onboarding form.

The customer is responsible for the accuracy, completeness and lawfulness of all supplied information.

The implementation period only starts once Boekbaar has received all necessary information.

Late, incomplete or incorrect onboarding information may delay delivery. This delay does not automatically suspend the payment obligations of the customer.

• business name
• public contact details
• address
• opening hours
• domain preference
• desired style
• desired accent color
• logo
• photos
• services, treatments or products
• prices and durations
• texts for the website
• social media links
• desired timing
• additional remarks

15. Execution and delivery

Boekbaar may start preparatory work once the request or order has been confirmed.

Boekbaar delivers the website and appointment system within a reasonable period.

Any communicated deadlines are indicative, unless explicitly agreed otherwise in writing.

The customer is given the possibility to review the delivered website. Minor corrections within the agreed scope can be carried out.

New requests, additional functionalities, major content changes or design changes fall outside the standard assignment and may be invoiced separately.

• the speed at which the customer provides feedback

• the availability of the chosen domain name

• technical requirements

• the complexity of the content

• dependencies on external service providers

• domain check
• domain registration
• hosting setup
• technical configuration
• database setup
• analysis of onboarding information
• basic configuration of the website
• basic configuration of the appointment system

16. Delay caused by the customer

If the customer does not provide the necessary information, feedback, approvals, texts, photos, logos or other materials in time, delivery may be delayed.

Boekbaar is not liable for delay resulting from missing, incorrect, incomplete or late information provided by the customer.

Invoicing and payment obligations remain applicable, even when delivery is delayed due to the customer.

17. Content supplied by the customer

The customer guarantees that all texts, photos, logos, trade names, trademarks, images, data and other content supplied by the customer are correct and legally usable.

The customer indemnifies Boekbaar against all claims by third parties related to content supplied by the customer.

Boekbaar is not obliged to check supplied content from a legal, tax, medical, deontological or substantive perspective.

• are correct
• are up to date
• are not misleading
• do not infringe rights of third parties
• do not violate copyright, trademark rights, portrait rights or privacy rights
• may legally be used on the website
• do not contain prohibited or unlawful content

18. Responsibility for website content

The customer remains responsible for the content of his or her website.

Boekbaar provides the technical and visual basis, but is not responsible for the accuracy, completeness or lawfulness of the customer content.

• descriptions of services
• prices
• opening hours
• contact details
• legal notices
• profession-specific information
• promotions
• photos
• claims
• commercial messages
• privacy and cookie information that specifically relates to the customer business
• communication with the customer own clients

19. Management environment

Boekbaar provides a management environment through which the customer can modify certain parts of the website and appointment system.

The customer is responsible for proper use of the management environment.

Boekbaar is not liable for errors, deletions, incorrect settings, incorrect prices, incorrect availabilities, incorrect appointments or other issues resulting from acts of the customer or persons to whom the customer has granted access.

• services or treatments
• prices
• durations
• availabilities
• appointments
• photos
• texts
• contact information
• accent color
• business information

20. Appointment system

The appointment system allows visitors to book an appointment online with the customer.

The customer is responsible for:

Boekbaar provides the technical infrastructure, but is not a party to the appointment between the customer and the customer end customer.

Boekbaar is not liable for:

• missed appointments

• incorrect settings

• incorrect availabilities

• cancellations

• no-shows

• commercial losses

• incorrect price information

• incorrect services provided by the customer

• misunderstandings between the customer and his or her end customers

• errors resulting from incorrect use of the system

• correctly setting availabilities
• correctly entering services, treatments, prices and durations
• following up appointments
• honoring appointments with his or her own customers
• correctly processing cancellations
• keeping his or her agenda up to date
• checking email communication
• the content of communication with his or her customers

21. Emails and reminders

The system may send automatic emails, such as confirmation emails, reminder emails, change emails and cancellation emails.

Boekbaar makes reasonable efforts to send these emails correctly.

However, Boekbaar does not guarantee that every email will always be delivered correctly, on time or successfully.

Email delivery may depend on external email providers, spam filters, incorrect email addresses, technical outages or recipient settings.

The customer remains responsible for following up appointments and communication with his or her end customers.

22. Hosting and availability

Boekbaar provides standard hosting and basic technical operation.

Boekbaar makes reasonable efforts to keep the website and appointment system available, secure and operational.

Boekbaar does not guarantee uninterrupted, error-free or permanent availability.

Temporary unavailability may arise, among others, due to:

Boekbaar is not liable for temporary unavailability, unless there is intent or gross negligence.

• maintenance
• updates
• technical outages
• outages at hosting providers
• outages at domain or DNS providers
• outages at email providers
• outages at storage providers
• security incidents
• force majeure
• internet outages
• incorrect settings
• external services outside the control of Boekbaar

23. External services

External services may be used for the operation of Boekbaar.

Examples may include:

• Railway for hosting

• Cloudflare for DNS, storage or security

• Resend or another email provider for transactional emails

• domain registrars for domain names

Boekbaar is not liable for outages, limitations, price changes, policy changes, interruptions or errors of external service providers, except insofar as legally required.

If an external service changes its prices or conditions, Boekbaar reserves the right to apply reasonable price adjustments or propose alternative solutions.

• hosting providers
• database providers
• domain registrars
• DNS providers
• email providers
• cloud storage providers
• security services
• analytics services
• other technical service providers

24. Annual renewal

The annual technical fee is charged annually.

Unless agreed otherwise, the service is renewed annually.

The customer may stop annual renewal by notifying this in writing at least 30 calendar days before the next due date.

In case of late termination notice, the annual technical fee for the next period may remain due.

Already invoiced or paid annual fees are not refunded pro rata, unless agreed otherwise in writing or legally required.

25. Termination by the customer

The customer may terminate the service in accordance with the provisions on annual renewal.

Upon termination, the website, hosting, domain management and technical services are discontinued at the end of the paid period, unless agreed otherwise.

The customer remains responsible for requesting or exporting in time any content he or she wants to keep.

Upon request, Boekbaar may, if technically feasible, provide certain data or content.

Additional work may be invoiced separately.

Termination does not release the customer from the obligation to pay outstanding invoices.

26. Suspension or termination by Boekbaar

Boekbaar may temporarily suspend or terminate services when:

Where reasonably possible, Boekbaar informs the customer in advance.

In the event of serious breaches, Boekbaar may suspend the service immediately.

• the customer does not pay on time
• the customer breaches these terms and conditions
• the customer publishes unlawful content
• the customer misuses the service
• the customer causes damage to systems, reputation or third parties
• the customer provides incorrect or misleading information
• the customer infringes rights of third parties
• continuation is no longer technically, legally or commercially feasible

27. Cancellation by the customer

A request or order can only be cancelled free of charge as long as Boekbaar has not yet confirmed the request and has not yet started execution.

As soon as Boekbaar has confirmed the request or started execution, costs already incurred, preparatory work, domain costs, hosting costs, administrative costs and technical services can be charged.

Domain names that have already been registered can usually not be cancelled or refunded.

The annual technical fee remains due when Boekbaar has already incurred costs for domain, hosting, technical infrastructure or configuration.

The one-time setup fee remains due according to the agreed invoicing rule, unless Boekbaar agrees in writing to full or partial cancellation.

28. Right of withdrawal

Boekbaar is intended exclusively for professional customers acting in the context of their self-employed activity, profession or business.

Because Boekbaar exclusively offers B2B services, the statutory right of withdrawal for consumers does not apply.

If a consumer nevertheless submits a request or order, Boekbaar reserves the right to refuse or cancel the request.

29. Intellectual property

All rights to the Boekbaar platform, technical structure, code, templates, designs, components, functionalities, documentation, concepts and know-how remain the property of Boekbaar or its licensors.

The customer receives a right of use to the website and appointment system as long as the agreement is active, the customer pays the amounts due and the customer complies with these terms and conditions.

The customer remains owner of the content supplied by the customer, such as texts, logos, photos and business information, insofar as the customer owns those rights.

• the underlying code
• templates
• software
• components
• technical infrastructure
• design systems
• generic functionalities
• generic designs
• developed modules

30. License and right of use

Boekbaar grants the customer a non-exclusive, non-transferable, revocable and temporary right of use to the delivered website and appointment system.

This right of use applies as long as the agreement is active.

The customer may not:

• copy
• resell
• sublicense
• rent out
• reverse engineer
• use to build a competing service
• transfer to third parties without permission

31. Portfolio and reference use

Unless the customer objects in writing, Boekbaar may use the name, website and public visual representation of the project as a reference in portfolio, marketing material, quotations, social media or on the Boekbaar website.

Boekbaar will not publish confidential information in doing so.

32. Support and maintenance

Standard maintenance and basic technical operation are included in the annual technical fee.

Support is provided within reasonable limits and via the communication channels offered by Boekbaar.

Boekbaar does not guarantee an immediate response time, unless a service level agreement has been agreed in writing.

Non-included support or activities may be invoiced separately.

33. Backups and data

Boekbaar may provide backups where technically and practically feasible.

However, Boekbaar does not guarantee permanent or full availability of backups, unless agreed otherwise in writing.

The customer remains responsible for keeping important content, documents, photos and business data.

Boekbaar is not liable for data loss, except in case of intent or gross negligence.

34. Privacy and data protection

For the processing of personal data, Boekbaar refers to the privacy statement.

When Boekbaar processes personal data on behalf of the customer, for example data of end customers who book an appointment, Boekbaar may act as processor and the customer as controller.

In that case, additional agreements on data processing may apply, such as a data processing agreement.

The customer remains responsible for complying with privacy obligations towards his or her own end customers, including informing end customers about the processing of their personal data.

35. Confidentiality

The parties undertake not to disclose confidential information received in the context of the collaboration to third parties, unless this is necessary for the execution of the agreement or legally required.

Confidential information includes, among others:

This obligation remains in force after termination of the agreement.

• business information
• customer data
• technical information
• login information
• commercial agreements
• non-public communication

36. Liability

Boekbaar is only liable for direct damage that is the direct result of a proven contractual fault by Boekbaar.

Boekbaar is not liable for indirect damage, including but not limited to:

In any case, Boekbaar liability is limited to the amount that the customer has actually paid to Boekbaar in the last 12 months, with a maximum of the total of one annual technical fee and the one-time setup fee.

This limitation does not apply in case of intent, gross negligence or where legally prohibited.

The customer is responsible for the use of the service and for the consequences of settings, content, appointments, prices, availabilities and communication managed by the customer.

• loss of profit
• loss of revenue
• loss of customers
• reputational damage
• missed appointments
• no-shows
• loss of data
• business interruption
• costs for replacement services
• marketing losses
• search engine losses
• damage due to incorrect content
• damage due to incorrect settings
• damage caused by third parties
• damage due to external service providers
• damage due to temporary unavailability

37. Indemnification

The customer indemnifies Boekbaar against all claims, costs, damages, fines and demands of third parties arising from:

• content supplied by the customer
• infringements of copyright, trademark rights, portrait rights or other rights
• incorrect or misleading information on the website
• unlawful services by the customer
• violation of privacy legislation by the customer
• incorrect use of the appointment system
• communication between the customer and his or her end customers
• products or services offered by the customer

38. Force majeure

Boekbaar is not liable for delay or non-performance as a result of force majeure.

Force majeure includes, among others:

In case of force majeure, Boekbaar obligations are suspended for as long as the force majeure situation lasts.

• outages at hosting providers
• outages at internet or telecom providers
• cyberattacks
• power failures
• fire
• illness
• government measures
• war
• pandemics
• natural disasters
• strikes
• technical outages beyond the control of Boekbaar
• unavailability of external services
• domain problems beyond the control of Boekbaar

39. Modification of the service

Boekbaar may modify, improve or adapt the service for technical, security, commercial or legal reasons.

Boekbaar may replace parts of the service with equivalent alternatives.

Boekbaar aims to communicate material changes that have a significant impact on existing customers in a timely manner.

40. Amendment of the terms and conditions

Boekbaar may amend these terms and conditions.

The most recent version is available at www.boekbaar.be.

For existing customers, material changes are communicated by email or via the website.

If the customer continues to use the service after amended terms enter into force, the customer is deemed to have accepted them.

41. Communication

Communication between Boekbaar and the customer mainly takes place by email.

The customer is responsible for providing a correct and active email address.

Messages sent to the email address provided by the customer are deemed to have been correctly received, unless the customer proves otherwise.

42. Nullity

If a provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions remain fully in force.

The invalid provision is replaced by a valid provision that reflects as closely as possible the original intention of the parties.

43. Assignment

The customer may not assign rights and obligations under the agreement to third parties without prior written consent from Boekbaar.

Boekbaar may assign its rights and obligations to an affiliated company, legal successor or third party in the context of a transfer of activities, merger, reorganization or sale of the service.

44. Applicable law and competent court

These terms and conditions and the agreement between Boekbaar and the customer are governed by Belgian law.

Disputes fall under the jurisdiction of the courts of the judicial district where Boekbaar has its registered office, unless mandatory law provides otherwise.

45. Contact

For questions about these terms and conditions, the customer can contact us via:

hello@boekbaar.be

+32 (0)474 08 35 50

Rijnrode 95A, 3460 Assent