General Terms and Conditions

Beyond Ordering BV – software, hardware and services for ordering, payments and deposits

This is an English translation of the Dutch “Algemene Voorwaarden”. In case of any discrepancy, the Dutch version prevails.

Beyond Ordering BV, with its registered office at Brusselsesteenweg 255, 9090 Melle, Belgium, registered with the Crossroads Bank for Enterprises under number 0760.305.893 (hereinafter “Beyond Ordering”).

These General Terms and Conditions consist of four parts and three annexes:

Part I – General provisions: applicable to every Quotation and Agreement;
Part II – SaaS Solution: applicable to the use of the Beyond Ordering Software;
Part III – Payments, credits and refunds: applicable to the processing of payments, credits, deposits and refunds through the SaaS Solution;
Part IV – Hardware: applicable to the rental and sale of hardware;
Annex 1 – Service Level Agreement (SLA);
Annex 2 – Data Processing Agreement;
Annex 3 – Integrations.

The processing of personal data for which Beyond Ordering itself is the controller is described in the separate Privacy Policy.

Part I – General provisions

Article 1: Scope and order of precedence

1.1 These General Terms and Conditions apply to every Quotation, order confirmation, purchase order and Agreement between Beyond Ordering and the Client, and to all subsequent assignments between the same Parties, unless expressly agreed otherwise in writing.

1.2 By signing or accepting a Quotation, placing an order or starting to use the SaaS Solution, the Client accepts these General Terms and Conditions. The application of the Client’s own general terms and conditions is expressly excluded.

1.3 In the event of a conflict between the documents that make up the Agreement, the following order of precedence applies: (1) a Cooperation Agreement signed by both Parties; (2) the Quotation, insofar as it expressly deviates from these General Terms and Conditions; (3) the Annexes; (4) Parts II, III and IV; (5) Part I. With regard to the processing of personal data, Annex 2 always prevails. A deviation only replaces the provision from which it deviates; all other provisions remain fully applicable.

1.4 Beyond Ordering may amend these General Terms and Conditions. The amended version is published on the website and notified to the Client by e-mail at least 30 days before it enters into force. Amendments do not apply to an Assignment that has already been confirmed at the time of notification. For a Cooperation Agreement, the version applicable at signature continues to apply, unless the Client accepts a new version. An amendment that is required by law or solely in the Client’s favour always applies from its entry into force. For other ongoing Agreements, a Client who does not agree may terminate the Agreement with effect from the date on which the amendment enters into force.

1.5 If any provision of these General Terms and Conditions is void, voidable or unenforceable, this does not affect the validity of the other provisions. The provision concerned is replaced by a valid provision that comes as close as possible to the original intention.

Article 2: Definitions

2.1 In these General Terms and Conditions:

Account or Sub-account: personal access to the SaaS Solution by means of Credentials;
Visitor: any natural person, such as a visitor to an event or a customer of the Client, who orders, pays, tops up Credit or requests a Refund through the SaaS Solution;
Credentials: the combination of a username and password, or another login method;
User: any natural person authorised by the Client to operate the SaaS Solution or Hardware, such as the Client’s staff, volunteers or bar managers;
Hardware: all devices and accessories that Beyond Ordering rents out, sells or makes available, such as payment terminals, POS devices, printers, routers, access points, chargers, cables and transport cases;
Incident: a full or partial interruption or delay of the SaaS Solution;
IPR: copyrights, design rights, trademark rights, patent rights, database rights and all other intellectual property rights or comparable rights, such as rights to know-how or a domain name, whether registered or not;
Office Hours: the hours between 9:00 and 17:00 on Business Days;
Client: any natural or legal person acting in the course of its trade or business who enters into an Agreement with Beyond Ordering;
Delivery Date: the date on which the Client first uses the SaaS Solution or receives the Hardware;
Quotation: a proposal from Beyond Ordering to the Client describing the products and services to be supplied and their price;
Assignment: the period during which the Client uses the products and services of Beyond Ordering, for example an event, a project or the ongoing use in the cafeteria of a sports club;
Agreement: the Quotation accepted by the Client together with these General Terms and Conditions and their Annexes;
Party: Beyond Ordering or the Client;
Payment Service Provider (PSP): an external payment service provider offering payment methods such as Bancontact, Bancontact Pay, debit and credit card payments and mobile payments;
Refund: the repayment to a Visitor of a Deposit or of the remaining balance of a Credit;
Refund Account: the separate bank account of Beyond Ordering used exclusively for executing Refunds, as described in Article 22;
SaaS Solution: the complete service relating to the use of the Software via the internet or a dedicated network (web-based);
Service Provider: a third-party company whose services form part of the SaaS Solution, such as hosting, e-mail, text message or payment service providers;
SLA: the Service Level Agreement in Annex 1;
Software: the software and functionalities of Beyond Ordering, including Beyond Ordering and QR refund, made available as a SaaS Solution;
Support: the provision, remotely or on site, of information and advice about the SaaS Solution and the detection and resolution of Incidents;
Credit: a pre-loaded balance, voucher or other value that a Visitor can use to pay the Client, linked to a cashless carrier, QR code or account;
Deposit: an amount paid by a Visitor for reusable cups, cashless carriers or other items, which is refunded subject to conditions;
Business Day: Monday to Friday, excluding official Belgian public holidays.

2.2 In addition, Cooperation Agreement means a separate agreement signed by both Parties covering several Assignments or a multi-year term, such as a continuous or periodic cooperation agreement. In Quotations and Cooperation Agreements, Beyond Ordering is also referred to as the “Supplier”, and “Project” has the same meaning as Assignment.

Article 3: Quotations, formation and cancellation

3.1 Quotations from Beyond Ordering are non-binding and valid for the period stated on them or, failing that, for 30 days. Price lists and proposals are for information only.

3.2 The Agreement is concluded when the Client signs or accepts the Quotation in writing, or when Beyond Ordering confirms an order in writing.

3.3 If an order confirmation from Beyond Ordering differs from the original order, the Agreement is deemed concluded in accordance with the confirmation, unless the Client objects in writing within 8 days of receipt.

3.4 The Client may cancel an Assignment in writing. In that case, the Client owes a cancellation fee of: 25% of the total fee if cancelled more than 60 days before delivery or go-live of the Assignment; 50% if cancelled between 60 and 15 days before; 100% if cancelled less than 15 days before. The reference date is delivery or go-live, whichever is earlier. In addition, the Client always reimburses the costs already incurred by Beyond Ordering, such as personalised cashless carriers or materials purchased specifically for the Assignment. This Article also applies to an individual Assignment or edition within a Cooperation Agreement, unless that Cooperation Agreement provides otherwise.

3.5 If an event is cancelled due to force majeure within the meaning of Article 7, the Client pays for the services already performed and the costs already incurred by Beyond Ordering. The balance of any advance payment is refunded or, if the Parties so agree, set off against an Assignment within 12 months.

Article 4: Prices

4.1 Prices are those stated in the Quotation. They are expressed in euro and exclusive of VAT and other levies. Transport, packaging and insurance costs are charged unless the Quotation states otherwise.

4.2 Services not included in the Quotation, such as additional on-site support, configuration at the Client’s request or waiting time, are charged at the standard hourly rate stated in the Quotation or, failing that, at Beyond Ordering’s rates applicable at that time. Changes to the applicable rates are notified at least 30 days in advance and do not apply to services already confirmed.

4.3 If Beyond Ordering staff arrive at the agreed time and cannot start because the location, utilities or the Client’s contact persons are not available, the waiting time is charged at the standard hourly rate stated in the Quotation, per staff member, from the agreed time until the work can begin.

4.4 For Agreements running longer than 12 months, Beyond Ordering may adjust prices annually on 1 January using the formula: new price = base price × (new index / base index), where the index is the consumer price index published by Statbel, the base index is the index for the month in which the Agreement was concluded and the new index is the index for November preceding the adjustment. If a Cooperation Agreement provides that prices are fixed for a certain term, this indexation only applies after that term.

4.5 PSP transaction fees are, depending on the PSP, either deducted directly or invoiced to the Client by the PSP, or passed on to the Client by Beyond Ordering by means of a balance invoice or a monthly invoice. The Quotation states which method applies to the Client’s PSP(s). Beyond Ordering’s invoices for transaction fees are subject to Article 5.

Article 5: Invoicing and payment

5.1 Beyond Ordering invoices in accordance with the terms of the Quotation. An advance invoice must be paid no later than 7 days before the Delivery Date, and in any case within the payment term stated on the invoice. Beyond Ordering may suspend delivery as long as the advance has not been paid. Beyond Ordering invoices passed-on transaction fees (Article 4.5) by means of a balance invoice or a monthly invoice; Articles 5.2 to 5.4 apply to them.

5.2 Unless stated otherwise, invoices are payable within 30 days of the invoice date.

5.3 Beyond Ordering invoices electronically, via Peppol or by e-mail. The Client accepts the electronic invoice as the original invoice.

5.4 An invoice must be disputed in writing, stating reasons, within 8 days of being sent. After this period, the invoice is deemed accepted. Disputing part of an invoice does not release the Client from paying the undisputed part.

5.5 The Client may not set off invoices from Beyond Ordering against claims on Beyond Ordering.

5.6 In the event of non-payment on the due date, the Client owes, by operation of law and without notice of default, late-payment interest of 10% per year and a fixed compensation of 10% of the unpaid amount, with a minimum of € 50. This fixed compensation covers extrajudicial collection costs, such as reminders and the use of a collection agency. Beyond Ordering retains the right to prove greater damage. In court proceedings, the court costs and the procedural indemnity (rechtsplegingsvergoeding) are also owed in accordance with the statutory rules.

5.7 In the event of non-payment on the due date, all outstanding invoices become immediately due and Beyond Ordering may suspend the performance of all ongoing Agreements, including access to the SaaS Solution, after a written notice of default that has remained without effect for 8 days.

Article 6: Liability

6.1 Beyond Ordering provides its services with the care of a good professional. Its obligations are best-efforts obligations, unless expressly stated otherwise. The Client acknowledges that complex software and technology are never entirely free of errors, bugs or malfunctions and that the SaaS Solution depends on Service Providers, the internet and telecommunication networks.

6.2 Beyond Ordering is liable for direct damage only. It is not liable for indirect or consequential damage, including loss of revenue, loss of profit, lost savings, loss of customers or goodwill, reputational damage, business interruption and damage resulting from claims by Visitors or other third parties.

6.3 The total liability of Beyond Ordering is limited to the fee owed by the Client for the Assignment in which the damage occurred. For ongoing Agreements, liability is limited to the fee invoiced in the 12 months preceding the event causing the damage. The fee is in each case calculated excluding VAT, PSP transaction fees (even if passed on by Beyond Ordering), personalised cashless carriers and personalised printed materials. Related claims are treated as a single claim.

6.4 Beyond Ordering is not liable for damage resulting from:

a failure, malfunction or error of a Service Provider or PSP, including Firebase and the Service Providers listed in Annex 3;
an inadequate internet connection, power supply or other facility for which the Client is responsible;
incorrect or improper use of the SaaS Solution or the Hardware by the Client, Users or Visitors;
incorrect, incomplete or late information or instructions from the Client, including configuration data, prices and VAT rates;
third-party software, hardware or networks.

6.5 If the damage is partly attributable to the Client or a third party, Beyond Ordering is only liable for the part of the damage caused by its own fault, to the exclusion of any joint and several or in solidum liability.

6.6 The Client must notify any damage for which it intends to hold Beyond Ordering liable in writing and in detail within 8 days of becoming aware, or when it should reasonably have become aware, of it.

6.7 The limitations and exclusions in this Article do not apply in the event of wilful misconduct or fraud by Beyond Ordering, nor insofar as mandatory law prohibits them.

6.8 Beyond Ordering does not handle complaints or claims from Visitors. The Client ensures that Visitors address themselves exclusively to the Client, and indemnifies Beyond Ordering against all claims by Visitors and other third parties that are not attributable to Beyond Ordering.

Article 7: Force majeure

7.1 Force majeure means any circumstance beyond a Party’s control that fully or partly, temporarily or permanently prevents the performance of the Agreement. This includes, among other things: fire, war, terrorism, extreme weather conditions, natural disasters, epidemics, government measures, strikes, power failures, failures of the internet or of telecommunication or data networks, and failures or unavailability of Service Providers or PSPs, including Firebase.

7.2 During force majeure, the obligations of the affected Party are suspended without that Party being liable for compensation. If performance becomes permanently impossible or the force majeure lasts longer than 30 days, either Party may terminate the Agreement in writing, without compensation.

7.3 The Client remains liable for the fee for services provided up to the time of the force majeure or termination.

Article 8: Intellectual property, licence and data

8.1 All IPR in the Software, Hardware configurations, documentation, designs, reports and Quotations of Beyond Ordering, including future updates, upgrades and improvements, are and remain the exclusive property of Beyond Ordering or its licensors. This also applies to improvements arising from suggestions or ideas from the Client. Insofar as the Client acquires IPR in the context of the Agreement, it hereby assigns them to Beyond Ordering.

8.2 For the duration of the Agreement, the Client obtains a non-exclusive and non-transferable right to use the Software, solely for its own use and use by its Users and Visitors in the context of the Agreement.

8.3 The Client may not copy, modify, decompile, reproduce, disclose or otherwise use the Software, applications or other materials of Beyond Ordering outside the scope of the Agreement, or attempt to derive their source code.

8.4 Data entered by the Client, Users or Visitors through the SaaS Solution, such as products, prices, orders and transactions, remain the property of the Client. Beyond Ordering is not responsible for the accuracy or lawfulness of these data.

8.5 Beyond Ordering may use anonymised and aggregated data on the use of the SaaS Solution, which cannot be traced back to the Client or to natural persons, to improve its services, for statistics and for benchmarking.

Article 9: Confidentiality

9.1 The Parties treat all information received from each other, which they know or should reasonably suspect to be confidential, as confidential. They use such information solely for the performance of the Agreement and do not disclose it to third parties without prior written consent. This obligation continues after the end of the Agreement.

9.2 The Parties impose the same obligation on their staff and on the third parties they engage.

9.3 This obligation does not apply to information that is or becomes public through no fault of the receiving Party, that has been lawfully obtained from a third party, or that must be disclosed under a legal obligation, a court decision or a request from a competent authority. Nor does it apply to information that Beyond Ordering must share with PSPs for the verification of the Client (KYC) or with its advisers, who are themselves bound by confidentiality.

9.4 The receiving Party destroys or returns confidential information at the first written request of the other Party, except insofar as it is legally required to retain it.

Article 10: Personal data

10.1 For the personal data of Visitors and Users that Beyond Ordering processes through the SaaS Solution on behalf of the Client, the Client is the controller and Beyond Ordering the processor. The Data Processing Agreement in Annex 2 applies.

10.2 For the personal data that Beyond Ordering processes for its own purposes, such as Client contact details, invoicing, the website and its own support channels, Beyond Ordering is the controller. This processing is described in the Privacy Policy.

10.3 Both Parties comply with the General Data Protection Regulation (GDPR) and other applicable data protection legislation.

Article 11: Term, suspension and termination

11.1 An Agreement for an Assignment of fixed duration, such as an event, enters into force upon its formation in accordance with Article 3 and ends 30 days after the end of the Assignment, or after the settlement of the Refunds if that is later.

11.2 An Agreement for ongoing use, such as the permanent use in the cafeteria of a sports club, has a minimum term of 1 year, regardless of whether the Client pays the fee in advance or monthly. The term, renewal and termination are set out in the Cooperation Agreement or the Quotation. Failing that, the Agreement is tacitly renewed for successive periods of 1 year, unless a Party terminates it in writing at least 2 months before the expiry date.

11.3 Beyond Ordering may terminate the Agreement, including a Cooperation Agreement, in whole or in part with immediate effect and without court intervention, or suspend its performance, without compensation, if the Client:

fails to fulfil an essential obligation and does not remedy this within 8 days of a written notice of default;
fails to pay an invoice within the period set out in Article 5.7;
is declared bankrupt, applies for judicial reorganisation, ceases its activities or goes into liquidation;
refuses to provide a requested advance or other security while there are well-founded doubts about its ability to pay;
uses the SaaS Solution or the Hardware for fraud, money laundering or other unlawful activities, or if there is a serious suspicion thereof.

11.4 In the event of termination due to a breach by the Client, all outstanding amounts become immediately due and the Client owes a fixed compensation of 10% of the part of the Agreement not yet invoiced, without prejudice to Beyond Ordering’s right to prove greater damage.

11.5 Beyond Ordering may (temporarily) deny access to an individual User who does not comply with the terms of use in Article 18 and (temporarily) block his or her Account, without prejudice to its other rights.

11.6 At the end of the Agreement, access to the SaaS Solution ends. The Client may export or request its reports and data for 30 days after the end. Beyond Ordering then deletes or anonymises the data in accordance with Annex 2, except insofar as it is legally required to retain them. Rented Hardware is returned in accordance with Article 24.

Article 12: Transfer and subcontracting

12.1 The Client may not transfer its rights and obligations under the Agreement to a third party without the prior written consent of Beyond Ordering.

12.2 Beyond Ordering may use subcontractors and Service Providers to perform the Agreement. It remains responsible towards the Client for the correct performance of its own obligations.

Article 13: Final provisions

13.1 The Agreement constitutes the entire agreement between the Parties on its subject matter and supersedes all previous proposals, arrangements and communications on it. Deviations are only valid if agreed in writing.

13.2 Communication by e-mail counts as written, unless these General Terms and Conditions expressly require a registered letter.

13.3 A Party’s failure to exercise a right, or to do so in time, never constitutes a waiver of that right.

Article 14: Governing law and disputes

14.1 The Agreement is governed exclusively by Belgian law. The Vienna Sales Convention (CISG) does not apply.

14.2 In the event of a dispute, the Parties first make a reasonable attempt to reach an amicable solution.

14.3 Unless mandatory law provides otherwise, the courts of the judicial district of East Flanders, Ghent division, have exclusive jurisdiction. Collection costs are borne by the Client as set out in Article 5.6.

Part II – SaaS Solution

Article 15: Subject matter and access

15.1 From the Delivery Date, Beyond Ordering makes available the components of the SaaS Solution included in the Quotation, such as:

Beyond Ordering: ordering and payment solution, including POS software, self-ordering and the management of Credits;
QR refund: deposit system for refunding Deposits and balances;
integrations with Service Providers for transactional e-mails and text messages and with the PSP(s) stated in the Quotation.

15.2 The Software is hosted via Firebase (Google), in data centres within the EEA, and uses, among others, the services Functions, Authentication, Firestore Database, App Check, Hosting, Realtime Database and Storage. The SaaS Solution is also subject to the service levels of the Service Providers, as described in the SLA.

15.3 The Client obtains access via one or more Accounts and Sub-accounts. Accounts are personal and linked to an e-mail address. Credentials must be kept carefully and may not be shared with third parties. In the event of loss, theft or (suspected) misuse, the Client notifies Beyond Ordering immediately.

15.4 The Software is only compatible with the software specified in the description of the SaaS Solution and with the Hardware supplied by Beyond Ordering. Beyond Ordering does not guarantee compatibility with other software or hardware.

Article 16: Obligations of Beyond Ordering

16.1 Beyond Ordering:

provides the SaaS Solution as agreed in the Quotation and with the service levels of the SLA;
monitors the operation of the SaaS Solution and makes daily back-ups of the data;
informs the Client in good time of planned maintenance that affects the normal operation of the Software;
responds to Support requests and resolves Incidents in accordance with the SLA.

16.2 The Client’s Users provide first-line support to Visitors. Beyond Ordering only provides Support directly to Visitors if this has been agreed.

16.3 At the Client’s request, or if the Client or its Users request a disproportionate amount of Support due to insufficient knowledge of the SaaS Solution, Beyond Ordering provides training. Content, location and cost are determined by mutual agreement, unless the training is already included in the Quotation.

Article 17: Obligations and operational conditions of the Client

17.1 The Client:

provides Beyond Ordering with the reasonable cooperation, information and access needed to perform the Agreement, and ensures that a representative is reachable in the event of Incidents;
checks the configuration of the SaaS Solution, including products, prices and VAT rates, before the start of the Assignment;
reports unauthorised access or abnormal operation of the Software as soon as possible;
is responsible for the network and internet connections it provides itself. If Beyond Ordering provides the network but the Client provides the internet connection, the Client remains responsible for that internet connection.

17.2 For the SaaS Solution to function properly, the following conditions must be met, unless the Quotation states that Beyond Ordering is responsible for them:

a) Internet connection. At every location where the Software is used for orders, payments, Credits or Refunds, a stable and guaranteed internet connection is available with a minimum of 30 Mbps download and 10 Mbps upload. A prior assessment by an expert is strongly recommended. Beyond Ordering is not liable for delays or malfunctions caused by an inadequate internet connection provided by the Client.

b) Power supply. An isolated power supply (AC – 230 V – 16 A), not affected by lighting, cooling or other consumers that may cause instability, is available for each hardware set-up or charging point.

c) Crew. A supervisor is appointed for each zone who has thorough knowledge of the Software and the specific configuration, ensures sufficient and trained staff, monitors the correct configuration of all hardware points and is the single point of contact in the event of problems.

d) Communication. The Client clearly informs its staff and Visitors, before and during the Assignment, about the working method used, for example via its website, mailings, social media, briefings, posters and instructions. Beyond Ordering can advise on this.

e) Onboarding with PSPs. The Client is responsible for timely and correct onboarding with the PSP(s), including the verification of its organisation, legal representatives and ultimate beneficial owners (Know Your Customer – KYC).

Article 18: Terms of use

18.1 The Client ensures that its Users and any other person it gives access to the SaaS Solution:

do not upload or distribute viruses or other harmful software or files;
do not infringe the rights of third parties, including IPR, or Article 8;
do not use the SaaS Solution in a way that disrupts its availability, such as with their own scripts or excessive requests;
do not gain unauthorised access to the systems, Software or data of Beyond Ordering or third parties, including by automated means such as scrapers or crawlers;
do not commit criminal offences or distribute information contrary to public order or morality;
do not use automated integrations other than the APIs that Beyond Ordering provides or recommends.

18.2 If Beyond Ordering detects an (imminent) breach, it may intervene without prior consultation to end or prevent the breach, for example by blocking an Account. The fee remains payable in full. The Client is liable for the damage caused by a breach. Beyond Ordering may report criminal offences it has identified to the competent authorities.

Article 19: Availability, maintenance, support and registered cash register system

19.1 Availability, maintenance, Severity Levels, response times and contact channels are described in the SLA in Annex 1.

19.2 If the Quotation or Cooperation Agreement includes a registered cash register system (GKS), Beyond Ordering ensures that the POS solution complies throughout the term with the applicable Belgian rules on registered cash register systems, including the requirements of GKS 2.0, and implements the necessary updates in good time.

19.3 The Client remains exclusively responsible for its own tax obligations, including registering its business and its cash registers with the FPS Finance, the correct daily use of the GKS in accordance with Beyond Ordering’s instructions, and an active internet connection for communication with the FPS Finance.

19.4 Fines or penalties resulting from incorrect use of the GKS by the Client or its Users, or from failure to comply with its own administrative obligations, can never be recovered from Beyond Ordering.

Part III – Payments, credits and refunds

Article 20: Payments via PSPs

20.1 All payments by Visitors for sales and for topping up Credits are paid by the PSP directly into an account of the Client. Beyond Ordering does not at any time receive, hold or manage these funds and does not act as a payment service provider. The SaaS Solution only records the transactions technically.

20.2 The agreement with the PSP is concluded directly between the Client and the PSP. The accounts with the PSPs remain under the Client’s full control at all times.

20.3 Payout periods, chargebacks, blocked or withheld amounts and payment disputes fall under the relationship between the Client and the PSP. Beyond Ordering is not liable for them, but provides reasonable cooperation on request with the data from the SaaS Solution. Transaction fees are settled as provided in Article 4.5.

Article 21: Credits and deposits

21.1 Credits and Deposits are issued by the Client, in its own name and for its own account. They can only be used with the Client, within the Assignment for which they were issued. Beyond Ordering only provides the technical means to record, use and refund them.

21.2 The Client determines the terms that apply to Visitors, such as the validity of Credits, the amount of the Deposit, the period and cost of Refunds and the destination of unclaimed balances. The Client makes these terms clearly available before a Visitor tops up or pays a Deposit, for example on its website and at the top-up points.

21.3 The Client is responsible for compliance with the regulations applicable to its Credits, Deposits and its relationship with Visitors, including consumer law and VAT regulations.

Article 22: Execution of Refunds

22.1 Where the Quotation so provides, Beyond Ordering executes Refunds in the name and on behalf of the Client, via the Refund Account. The Refund Account is a separate account used exclusively for Refunds, which holds no funds of Beyond Ordering itself.

22.2 Before the start of the refund period, the Client transfers the amount needed to execute the expected Refunds, as stated in the Quotation or as calculated by Beyond Ordering based on data from the SaaS Solution. Beyond Ordering executes Refunds up to the available amount and does not pre-finance Refunds.

22.3 The funds transferred remain the property of the Client, are kept separately and are used exclusively for the Refunds of the Assignment concerned. No interest is paid on them.

22.4 Refunds are paid into the account specified by the Visitor, within the refund period set by the Client. Beyond Ordering is not liable for a Refund to an account that the Visitor specified incorrectly or fraudulently. Beyond Ordering may refuse or suspend a Refund in the event of suspected fraud, abuse or money laundering.

22.5 Within 14 Business Days after the end of the refund period, Beyond Ordering sends the Client a statement of the Refunds executed and transfers the remaining balance back to the Client’s account. Beyond Ordering may deduct the refund fees stated in the Quotation from that balance.

Part IV – Hardware

Article 23: Delivery

23.1 Hardware is delivered at the address and time stated in the Quotation or order confirmation. Delivery times are indicative, unless expressly agreed otherwise.

23.2 If the Client refuses or prevents delivery, the Hardware is stored at its cost and risk.

23.3 Beyond Ordering checks the Hardware for operation and completeness before delivery. The Client inspects the Hardware immediately upon delivery. Visible defects and missing parts must be reported upon delivery; hidden defects immediately after they could reasonably be detected, and no later than 7 days after delivery. If nothing is reported, the Hardware is deemed to have been received in good condition.

Article 24: Rental

24.1 Rented Hardware remains the property of Beyond Ordering at all times. It is rented exclusively for use with the Beyond Ordering SaaS Solution. The Client may not transfer, sublet, pledge or modify it, take it abroad or remove identification marks without prior written consent, and uses it solely for the agreed purpose. If the Client rents without technical support, it has the necessary technical knowledge.

24.2 The risk of loss, theft and damage to the Hardware, including from frost, precipitation, storms or other weather conditions, passes to the Client upon delivery and remains with the Client until it is returned to Beyond Ordering. In the event of loss, theft or irreparable damage, the Client pays the replacement value stated in the Quotation. The Client insures the Hardware during the rental period against damage, loss and theft, for its replacement value.

24.3 The Client returns the Hardware at the agreed time and place, complete, clean and in the same condition as upon delivery, apart from normal wear and tear. The Client ensures that a joint inspection takes place upon return.

24.4 Missing parts are charged at replacement value, unless they are delivered within 24 hours of the return. Repair and cleaning costs and loss of rental income are charged separately. An administration fee of € 50 (excl. VAT) is charged per damage file opened.

24.5 If Beyond Ordering discovers hidden damage after the return, it notifies the Client with a cost estimate. If the Client wishes to have a counter-assessment, it must request it within 48 hours of the notification; otherwise Beyond Ordering’s findings are deemed accepted.

24.6 In the event of an unpaid rental invoice, serious doubt about the Client’s solvency or improper use, Beyond Ordering may repossess the Hardware. In the event of the Client’s bankruptcy, the rental ends by operation of law.

Article 25: Sale and warranty

25.1 Sold Hardware remains the property of Beyond Ordering until full payment of the price, costs, interest and damages. The risk passes to the Client upon delivery.

25.2 Sold Hardware is covered by the manufacturer’s or supplier’s warranty. Beyond Ordering replaces or repairs goods recognised as non-conforming, at its discretion, without further compensation. The warranty lapses in the event of abnormal use, poor maintenance, modifications or repairs by the Client or third parties, or drop, water or electrical damage.

25.3 Complaints about sold Hardware must be submitted in writing within the periods set out in Article 23.3, and in any case within 14 days of delivery, failing which they are time-barred.

Annex 1 – Service Level Agreement (SLA)

Article 1: Definitions

1.1 Capitalised terms have the meaning given in the General Terms and Conditions. In addition, in this SLA:

Availability: the percentage of time, on a monthly basis, during which the SaaS Solution is accessible without disruption;
Maintenance Window: the period during which the SaaS Solution need not be available because of Preventive Maintenance;
Emergency Maintenance: unforeseen work which, in the opinion of Beyond Ordering, must be carried out immediately to prevent or resolve Incidents;
Permanent Fix: a repair or update that resolves the Incident;
Preventive Maintenance: planned work to maintain or improve the quality and Availability of the SaaS Solution;
Repair Time: the period within which Beyond Ordering resolves an Incident;
Response Time: the period within which Beyond Ordering responds to a report from the Client;
Severity Level: the seriousness of an Incident;
Workaround: a short-term solution for the Incident.

Article 2: Data centre and Service Providers

2.1 Beyond Ordering uses the Firebase (Google) data centre. It depends on Firebase’s services for its SaaS Solution and is subject to the Firebase Service Level Agreement (status). Beyond Ordering is not responsible for the infrastructure, data connections and hardware within the data centre, nor for unavailability due to an Incident at Firebase.

2.2 The SaaS Solution is integrated with Service Providers, such as payment service providers (PSPs), e-mail and text message services and ticketing platforms. The integrations used for an Assignment are stated in the Quotation. An up-to-date overview of the integrations, with links to their terms and status pages, is provided in Annex 3. The correct operation of an integration depends on the proper functioning of the services of the Service Provider concerned. Beyond Ordering is not responsible for failures, changes or discontinuation of services by those Service Providers, but informs the Client as soon as possible if an integration included in the Quotation is no longer available.

Article 3: Availability

3.1 Beyond Ordering uses commercially reasonable efforts to make the SaaS Solution available 24/7 with a monthly Availability of at least 99.9%.

3.2 Availability is measured outside the Maintenance Window. Interruptions shorter than 10 minutes are not counted, nor is unavailability due to:

incorrect, improper or excessive use by the Client, Users or Visitors, or a breach of the terms of use;
failures in the infrastructure within the data centre or an Incident at Firebase or another Service Provider;
failures in communication lines, data connections, systems or networks outside the data centre, or managed by the Client;
software not originating from Beyond Ordering, or work carried out by third parties;
force majeure.

Article 4: Maintenance

4.1 Preventive Maintenance takes place within the Maintenance Window: on Business Days between 8:00 and 18:00, and never during an ongoing Assignment of the Client of which Beyond Ordering has been informed in advance.

4.2 Emergency Maintenance outside the Maintenance Window is, where possible, notified at least 2 hours in advance, with a description of the work, its expected duration and its effects. Highly critical Incidents that cannot be postponed are resolved as quickly as possible without notice; the Client receives a description of the intervention afterwards.

4.3 Beyond Ordering may implement innovations, updates and upgrades within the Maintenance Window and informs the Client in good time of changes relevant to its use.

Article 5: Support

5.1 The Client provides first-line support to Visitors and Users. Questions the Client cannot resolve are forwarded to the Beyond Ordering helpdesk, which decides whether direct contact with a Visitor is necessary.

5.2 Support does not include: configuration of systems, hardware or networks not supplied by Beyond Ordering; links with third-party software; conversion or import of files; support for third-party software; training or consultancy not included in the Quotation; restoration of data files; work on the network or internet connection; and support for unsupported systems or environments.

Article 6: Incidents and Severity Levels

6.1 Beyond Ordering responds to an Incident reported by the Client according to its Severity Level, provided that the Client describes or reproduces the Incident sufficiently clearly, for example with a screenshot. An Incident is resolved when a test by Beyond Ordering shows that the reported Incident no longer exists.

Severity Level 1: the SaaS Solution is critically disrupted or completely unavailable to all Users and cannot be resumed in an alternative way.
Severity Level 2: an important functionality is not or not fully available or does not work properly, hindering normal use, while the SaaS Solution is still available.
Severity Level 3: an Incident that is not Severity Level 1 or 2 and has little or no impact on operation or availability.

6.2 The Parties may assign a different Severity Level by mutual agreement.

Article 7: Service Levels

7.1 Incidents are reported via the following channels:

E-mail – Severity Levels 2 and 3: during Office Hours;
Telephone, video call or WhatsApp – Severity Levels 1 and 2: during Office Hours and during the opening hours of an ongoing Assignment;
Scheduled on-site support: charged unless agreed otherwise, arranged in advance and included in the Quotation;
Emergency on-site support – Severity Level 1: during Office Hours and during the opening hours of an ongoing Assignment. If the Incident subsequently turns out not to be attributable to Beyond Ordering, the costs may be charged on.

7.2 Target Response Times:

Severity Level 1: within 1 hour during Office Hours and during the opening hours of an ongoing Assignment; otherwise within 2 hours of the start of the next Office Hours;
Severity Level 2: within 1 Business Day, and within 4 hours during an ongoing Assignment;
Severity Level 3: within 5 Business Days.

7.3 Target Repair Times:

Severity Level 1: Workaround as soon as possible; Permanent Fix in the next update;
Severity Level 2: Workaround within 10 Business Days; Permanent Fix in the next update;
Severity Level 3: Workaround within a reasonable period; Permanent Fix at the discretion of Beyond Ordering.

7.4 Response Times and Repair Times are targets, not strict deadlines. Exceeding them does not directly give rise to liability. If they are exceeded, the Client may escalate by e-mail to info@beyondordering.com, stating “Escalation” and the Incident reference.

Article 8: Helpdesk contact details

E-mail: support@beyondordering.com
WhatsApp (message): +32 9 396 90 49
Telephone: +32 9 396 90 49
Personal contact person: if applicable, stated in the Quotation.

Annex 2 – Data Processing Agreement

This Data Processing Agreement applies when Beyond Ordering (the “Processor”) processes personal data on behalf of the Client (the “Controller”) in the context of the Agreement. It forms an integral part of the Agreement without requiring a separate signature. At the Client’s request, it may also be signed separately.

Article 1: Subject matter and roles

1.1 This Data Processing Agreement governs exclusively the processing of personal data by the Processor on behalf of the Controller, in accordance with Article 28 of the General Data Protection Regulation (GDPR).

1.2 The Controller determines the purposes and means of the processing. The Processor processes personal data solely on the basis of the documented instructions of the Controller, including the Agreement and the configuration of the SaaS Solution.

Article 2: Details of the processing

2.1 Subject matter: support of ordering, payment, top-up and refund functionalities.

2.2 Purposes: execution of orders, transactions and Refunds, customer support and security of the services.

2.3 Duration: the term of the Agreement, extended by the statutory retention periods.

2.4 Categories of data subjects:

Visitors who use ordering, payment, top-up or refund functionalities;
Users with an Account on the platform;
persons who contact support channels about orders, top-ups or Refunds.

2.5 Categories of personal data:

contact details: e-mail address and, if provided, telephone number;
refund details: IBAN and account holder name, solely for Refunds;
identification codes of cashless carriers and QR codes, insofar as traceable to a data subject;
User account data: name, e-mail address and usage logs;
technical data: IP address and other technical identifiers, insofar as they qualify as personal data.

2.6 Transaction and order data, such as order contents, amounts, times and transaction IDs, are not personal data in themselves, unless they are linked to an identifiable data subject.

Article 3: Obligations of the Processor

3.1 The Processor:

processes personal data solely in accordance with the instructions of the Controller, and promptly informs the Controller if, in its opinion, an instruction infringes the GDPR;
ensures that persons with access to personal data are bound by confidentiality;
takes appropriate technical and organisational measures to secure the personal data;
notifies the Controller of a personal data breach without undue delay and no later than 48 hours after discovery, with the information needed for any notification to the Data Protection Authority;
provides reasonable assistance with data subject requests, data protection impact assessments and other obligations under the GDPR;
makes available all information reasonably necessary to demonstrate compliance with this Data Processing Agreement.

Article 4: Sub-processors

4.1 The Controller grants general authorisation for the engagement of sub-processors. The Processor imposes obligations on them equivalent to this Data Processing Agreement.

4.2 The Processor currently uses the following sub-processors: Google Cloud / Firebase (hosting and database), Brevo (e-mails) and Naxai (text messages, formerly RingRing). The Processor informs the Controller in advance of any addition or replacement of sub-processors. The Controller may object, stating reasons, within 14 days.

4.3 PSPs and banks act as independent controllers for their own processing and are not covered by this Data Processing Agreement for that processing.

4.4 Integrations with Service Providers that the Controller chooses or activates, such as ticketing or deposit platforms, constitute an instruction of the Controller. Those Service Providers are not sub-processors of the Processor. The Controller arranges the processing by those parties directly with them.

Article 5: Transfers outside the EEA

5.1 Personal data are stored and processed in data centres within the European Economic Area (EEA). If processing takes place outside the EEA, this only happens with appropriate safeguards under Chapter V GDPR, such as an adequacy decision or the European Commission’s standard contractual clauses.

Article 6: Obligations of the Controller

6.1 The Controller is responsible for a valid legal basis for the processing, for correct information to data subjects and for the lawfulness of its instructions.

Article 7: Audit

7.1 The Controller may have an audit carried out at most once a year, with reasonable prior notice, at its own expense and without unreasonably disrupting the Processor’s business.

Article 8: End of processing

8.1 After the end of the Agreement and the period in Article 11.6 of the General Terms and Conditions, the Processor deletes the personal data, or retains them only in anonymised form, unless a legal obligation requires longer retention.

Article 9: Final provisions

9.1 In the event of a conflict regarding the processing of personal data, this Data Processing Agreement prevails over the other documents that make up the Agreement. Liability under this Data Processing Agreement is governed by Article 6 of the General Terms and Conditions, except insofar as mandatory law prohibits this. This Data Processing Agreement is governed by Belgian law.

Annex 3 – Integrations

Article 1: Overview

1.1 This Annex provides an overview of the Service Providers integrated with the SaaS Solution. The integrations used for an Assignment are stated in the Quotation. Each Service Provider supplies its services under its own terms. This Annex is informative: Beyond Ordering may update it at any time without following the procedure in Article 1.4 of the General Terms and Conditions.

Hosting

Firebase (Google) (hosting and database): terms · SLA · status

Communication

Brevo (e-mails): terms · status
Naxai (text messages, formerly RingRing): terms · status

Payments (PSP)

Viva (PSP): terms · status
Pay. (PSP): terms · status
Adyen (PSP): terms · status
Mollie (PSP): terms · status
MultiSafepay (PSP): terms · status
CCV (PSP): terms · status (online payments)
Bancontact Pay (PSP, formerly Payconiq): merchant terms

Ticketing

Tickoweb (ticketing): terms
See Tickets (ticketing, Eventim): terms
Ticket Monster (ticketing): privacy

Deposit systems

Borro (digital deposits for reusable containers): terms · privacy

Version October 2026, applicable from 1 November 2026