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07/09/2017.

Twikey NV/SA : Twikey Terms Of Use

This is a legally binding agreement between you and Twikey. Our agreement starts on the date that you agree to the present agreement. It continues for an indefinite period. Using our services implies your agreement. Both you and Twikey can terminate this agreement with immediate effect by simple notification via e-mail.

Twikey enables you to electronically sign documents (e.g. some contracts) and electronic direct debit agreements, (“e-Mandate”), using your e-ID or, as the case may be, your e-banking credentials (typically, a combination of bank card and PIN-code and/or digipass).

When you sign an e-Mandate, you hereby give a power of attorney to Twikey to deliver your e-Mandate to your bank, in your name and on your behalf, and to take all further necessary steps towards all parties concerned, including vis-à-vis your supplier and the involved bank(s), if connected to Twikey.

Twikey will send you (typically in pdf via e-mail) an original copy of your e-Mandate. Please keep it as evidence in a safe place.

Your supplier remains responsible for the underlying commercial relationship with you. So if you are not satisfied with the goods or services he provided to you, please contact you supplier directly, not Twikey.

Twikey handles the management (creation, modification, cancellation) of your e-Mandates and/or, if applicable, other documents. Unless you have agreed additional formalities with your supplier (e.g. cancel only by registered letter) you can cancel the e-Mandate at all times on the Twikey website. As soon as reasonably possible Twikey will inform the other involved parties (typically your supplier and the involved banks, if connected to Twikey) of this cancellation and deliver you a confirmation of this cancellation. Twikey does not intervene in the payment transaction from you to the supplier. This is handled by your bank. Termination of the present agreement between you and Twikey does not automatically imply a cancellation or revocation of your payment to your supplier. If you want to cancel or revoke a payment or ask for a refund, please contact your bank directly. In addition to the Belgian statutory provisions, you agree that the electronic signature of your e-ID card and, as available, your e-banking credentials (typically, a combination of bank card and PIN-code and/or digipass) , or mobile phone based signatures solutions using Twikey’s (SMS) challenge/response system, is equivalent to a handwritten signature and meet the requirements of article 1322, paragraph 2 of the Belgian Civil Code. This means that it legally binds you, both towards Twikey, as towards other Twikey-customers (including your supplier and the involved banks) in the same way as your own handwritten signature, except when proven otherwise. Anything you sign with such e-signature may be used in evidence in a dispute between any involved parties (including you, your contract counterpart, the banks and Twikey).

You warrant to act lawfully and – to the extent legally possible - you agree to indemnify, defend and hold harmless Twikey, your contract counterpart and the involved banks from any damages, costs and expenses incurred as a result of non-compliance of your obligations or any claim that the e-Mandate is invalid or in any way unlawful because of any act or omission reasonably under your control. Under no circumstances shall Twikey be liable for any use by you of the Twikey services in a way that does not comply with our agreement or applicable law. You are liable for any loss or damages that arises from the provision of incorrect or incomplete data. You confirm that you are the holder of the e-mail address that you provide. You confirm that you either have sole access to this e-mail address, or that other persons that have access to it do so with your consent. Notwithstanding the foregoing, you acknowledge that Twikey is not liable for any verification of the link between you and the e-mail address. Twikey only provides a service, and is not liable for the use that you, or someone on your behalf, may or may not wish to make of this service. You decide under your own responsibility whether you can send or sign certain documents (e.g. contracts) in electronic form, or whether you archive messages or documents or not, etc.

Twikey and you both have to respect the privacy and data protection legislation. Twikey needs some data for delivering our services to you. These include names, geographical address, e-mailaddress, mobile phone nr, and all data required for completing an e-Mandate. Twikey will use this data for the following purposes: (1) for customer management (e.g. for the issue, collection and checking of invoices, for communication in the context of the contractual relationship with our customers, for entry in directories, for identification and authentication, for signature of online documents and e-Mandates (specifically for creating, modifying, cancelling thereof), for reporting to you, your supplier and the involved banks, and to prevent misuse and fraud); and (2) for fulfilment our legal and contractual obligations and provision of our services (e.g. Twikey will process your name and (e-mail) address, IBAN, and other mandatory data for the e-Mandate and may transfer such data to you, your supplier and/or his accounting- or ERP-supplier and the involved banks).

You have the right (1) to request access to all personal data processed by Twikey about you; (2) to ask that any personal data about you that are inaccurate, are corrected free of charge. If a request for correction is submitted, such request shall be accompanied of proof of the flawed nature of the data for which correction is asked; (3) to request that personal data about you are deleted if they are no longer required in light of the purposes outlined in this contract. Twikey will evaluate this request against legal or regulatory obligations which may contradict such deletion, and (4) to oppose the processing of personal data if you are able to proof that there are serious and justified reasons connected with particular circumstances that warrant such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose such processing free of charge and without justification.

If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to Twikey. Such request should clearly state which right you wish to exercise and the reasons, if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If the request proves valid, Twikey shall honour it as soon as reasonably possible and at the latest thirty (30) days after having received the request.

Belgian law is applicable. The courts in Brussels are exclusively competent.