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General Terms and Conditions for the Rental or Sale of Payment Terminals

  1. ARTICLE 1 – OBJECT:
  2. The company Lambert et Cie Srl (hereinafter "Excell-Pay") offers its clients the rental, sale, and maintenance of payment terminals, including the software installed in each payment terminal as well as the SIM card for mobile terminals (hereinafter the "Equipment" or "Equipment(s)").
  3. TheseGeneral Terms and Conditionsaim to define the terms of these services, as well as the rights and obligations of the Parties to the rental or sale contract, which will also be subject to specific conditions set out in the Order Form-Delivery Note (hereinafter the "Agreement").

  5. ARTICLE 2 – DELIVERY AND INSTALLATION OF THE EQUIPMENT:
  6. 2.1 The delivery of the Equipment will be carried out within a maximum period of seven (7) working days upon receipt of the order form signed by the client, subject to stock availability and the prior opening of the client's account with the acquiring financial institution.
  7. 2.2The installation of the equipment by Excell-Pay or a subcontractor designated by it includes the delivery of the Equipment on site, testing, and commissioning of the terminals, as well as practical training provided to the client for a maximum duration ofthirty (30) minutes.
  8. 2.3 In the case of delivery of the Equipment pre-configured in "Plug & Play" mode by post, the installation is carried out by the client.

  9. 2.4The minimum conditions to be observed for the installation of terminals are as follows:

    1. - A permanent power supply (24 hours) of 220V equipped with an earth socket and a power outlet at a reasonable distance from the terminal(s) to be installed.
    2. - The length of the cables between the different physical components must not exceed two (2) metres.
    3. - It is prohibited to install other equipment near the terminals that may disrupt their proper functioning.
    4. - It is imperative to avoid any risk of humidity, heat, electromagnetic rays, impacts, or pressures affecting the payment terminal.
  10. Excell-Pay may, at any time during office hours, check or have checked by a subcontractor the condition of the equipment.
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  12. ARTICLE 3 – MAINTENANCE - REPLACEMENT OF DEFECTIVE EQUIPMENT – PENALTIES:
  13. 3.1 Excell-Pay provides the client with remote assistance services, which it may have carried out by a subcontractor, for the diagnosis and remote repair of common faults, from Monday to Saturday from 9am to 7pm, excluding Sundays and public holidays.
  14. 3.2In the event of a fault or non-repairable malfunctions whose origin is unrelated to any of the causes mentioned in the following paragraph,3.3Excell-Pay will proceed with a terminal exchange by post. In this case, the client agrees to return the defective device by post, to the location and according to the procedures that will be indicated by Excell-Pay.
  15. In the case referred to above, the client agrees that Excell-Pay may replace the defective device(s) with others that may be of a different brand or type, but which allow for the operations initially intended by the client.

  16. 3.3 Excell-Pay will not be responsible for covering the costs of repairs or replacement of defective devices, including:

    1. - all repairs, all replacements of parts or devices, as well as all work due to accidental causes or resulting from interventions on the devices carried out by the client without the agreement of Excell-Pay.
    2. - all accessories of the electrical installation other than those that are an integral part of the device.
    3. - interventions resulting from a force majeure event or a criminal offence such as: frost, flooding, lightning, fire, riot, war, vandalism, theft, failure to obtain required permits, etc.
    4. - interventions following anomalies observed in the installation and unrelated to the devices, such as abnormal current fluctuations, electrical cable isolation, transmission lines not having the required qualities.
    5. - the repair of damaged devices (falls...) or those that have been exposed to powdery substances (dust) or any type of liquid.
    6. - any modifications to the devices or software resulting from new regulations or operating conditions different from those defined at the acceptance of the order.
      - the cleaning or replacement of the device casing.
    7. - the maintenance or replacement of batteries.
    8. - the maintenance or replacement of connection cables as well as connection sockets.
  17. 3.4 In the event of a rental of equipment, in case of breakdown or irreparable malfunctions originating from one of the causes mentioned in the paragraph3.3above, the client agrees to immediately pay the sum of Five hundred and ninety-five (595) euros, as a penalty clause to Excell-Pay, and this, regardless of whether or not the insurance guarantees to which the client must subscribe to cover the risks that may affect the rented equipment are invoked.
  18. Furthermore, the client agrees to return the defective device by post, to the place and according to the methods that will be indicated to them by Excell-Pay.
  19. Upon receipt of the aforementioned sum of Five hundred and ninety-five (595) euros, Excell-Pay will offer the client a new device to replace the defective device, which may be of a different brand or type, but which must allow the client to carry out the operations initially planned by them.

  20. 3.5 In the event of a sale of equipment:

    1. - Subject to the stipulations mentioned below, all obligations imposed on Excell-Pay under the Agreement, except, where applicable, those relating to the maintenance of the equipment, will be extinguished at the end of a period of twelve (12) months following the date of delivery of the sold equipment.
    2. - The stipulations of the paragraph3.1above will only apply if, at the end of the said period of twelve (12) months, the contractual relationship of the parties continues, within the framework of maintenance services.
    3. - The stipulations of the paragraph3.2The above will only apply to terminals that are less than twelve (12) months old at the date of the occurrence of the failure or irreparable malfunctions, and only during the said twelve (12) month period following the date of delivery of the sold terminal(s).
    4. - The provisions of the paragraph 3.3above will apply in any case.
    5. ​
  21. ARTICLE 4 - OBLIGATIONS OF THE CLIENT:

  22. The client agrees to:

    1. - reserve in their establishment the necessary space for the installation of the equipment.
    2. - carry out the preliminary work for the installation of the devices (electrical and telephone sockets) and to maintain the installations in compliance with the regulations and standards in force.
    3. - not use the equipment for illegal purposes or for purposes not provided for by the manufacturers or the acquirer who manages the transactions, and not to make any modifications.
    4. - ensure, according to the user manual, the conditions for the proper functioning of the devices in their custody.
    5. - strictly adhere to the instructions provided by the payment terminal (disputed or defective cards) as well as those of the acquirer who manages the transaction.
    6. - not allow third parties or unauthorized personnel to use or handle the equipment.
      - not replace the SIM card installed in the payment terminal, except on the express instructions of Excell-Pay or the subcontractor assigned by them for the maintenance of the equipment.
    7. - not use and not allow anyone to use the SIM card for purposes other than those for which it is intended.
    8. - not to seek the liability of Excell-Pay in the event of a connection blockage or any other measures taken to put an end to abusive use or excessive consumption of the mobile service, with the data limit set at 9MB per calendar month and per mobile service (in the case of mobile telecommunications).
    9. - to assume responsibility for any use made of their mobile data communication connection, including the payment of any additional costs incurred due to excessive consumption of the mobile service, which will be recharged to the customer in the case of rental or sale of the equipment.
    10. - to take out adequate insurance to cover the risks of loss, theft, and any damage affecting the rented equipment and the liability arising therefrom, in the event of equipment rental, and to notify Excell-Pay immediately and in writing of any risk, claim, or damage affecting or that may affect the equipment.
    11. - to carry out a daily check of the payments made to their bank account by the financial institution, purchaser, and to immediately notify both this party and Excell-Pay in writing of any disputes regarding such payments.
    12. - to return the equipment within ten (10) working days at the end of the Agreement or in the event of termination, in the case of equipment rental.
    13. - to return the SIM card installed in each mobile device within ten (10) working days at the end of the Agreement or in the event of termination, in the case of equipment sale.
    14. - to pay Excell-Pay a flat termination fee of two hundred and fifty euros (250), in the event that the client terminates the Agreement during the initial twelve (12) month period of the Agreement, in the case of equipment rental.
    15. - to pay Excell-Pay a flat sum of five hundred and ninety-five (595) euros as a penalty clause, in the event of loss, theft, and any damage causing breakdowns or irreparable malfunctions of the equipment, originating from one of the causes mentioned in paragraph 3.3 above, and in the event of non-return of the equipment at the end of the Agreement or in the event of its termination, in the case of equipment rental.

  23. ARTICLE 5 – PRICING AND REVIEW:
  24. 5.1: The Rental 
  25. The rental and maintenance of the payment acceptance terminal(s) (including the costs of providing the SIM card, in the case of mobile telecommunications) shall result in the payment of a quarterly fee payable in advance, to be made by the client within ten (10) working days from the receipt of the invoice from Excell-Pay.
  26. The amount of the fee cannot be revised during the first twelve (12) months of the Agreement. At the end of this period and in the case of tacit renewal, the amount of the fee may be revised annually by Excell-Pay. The amount of any potential revision will be communicated to the client by sending a written notice at least three (3) months before the anniversary date of the Agreement.
  27. The client shall have the option to refuse the new pricing conditions by notifying Excell-Pay of the termination of the Agreement in writing, subject to a notice period of one (1) month.
  28. 5.2: The Sale
  29. In the event of a sale of equipment, the provisions of the paragraph5.1above shall apply only if, at the end of a period of 12 (twelve) months after the sale, the contractual relationship between the parties continues, solely for maintenance services.
  30. However, if at the end of a period of 12 (twelve) months after the sale, the contractual relationship between the parties continues, the maintenance services, including the costs of providing the SIM card (mobile telecommunications), shall be payable annually and in advance, within ten (10) working days from the receipt by the client of the invoice from Excell-Pay.
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  32. ARTICLE 6 - DURATION:
  33. 6.1 In the event of a rental of equipment, the Agreement between Excell-Pay and the client is concluded for an initial duration of twelve (12) months from the date of its signature. It then renews by tacit agreement for successive periods of one year.
  34. 6.2 In the event of a sale of equipment, the provisions of the paragraph6.1above shall apply only if, at the end of a period of 12 (twelve) months after the sale, the contractual relationship between the parties continues, solely for maintenance services.

  36. ARTICLE 7 – LIABILITY:
  37. 7.1 Excell-Pay's overall liability for any damage suffered by the client due to any breach by Excell-Pay or a person for whom it is legally responsible in the execution of the Agreement is limited to direct damage to property and direct damage in the event of death or injury, with a maximum equivalent to the net amount charged (i.e. the gross amount charged less VAT and any other applicable government taxes) from the initial date of conclusion of the Agreement until the date of the occurrence of the damage.
  38. 7.2 Excell-Pay disclaims any liability for any other damage, including any purely financial damage such as loss of earnings or loss of revenue, as well as any damage arising from claims by third parties against the client or the client against third parties.
  39. 7.3 Excell-Pay disclaims any liability in the event of changes to the parameters or technical properties of SIM cards or a mobile data transmission service or a mobile network, and in the event of failure or delay in the performance of its contractual obligations, when such failure is due to force majeure or circumstances that are not directly attributable to it, such as delays or other shortcomings on the part of third parties on which Excell-Pay is dependent in any way, intrusions (hacking) or leaks of confidential data, loss of computer files, disruptions of communication links, network overloads, power outages, the use of mechanisms for accepting electronic payment methods, as well as the management of payment transactions made from the payment terminal.
  40. 7.4 Without prejudice to the above provisions, only damages that have been reported in writing to Excell-Pay as soon as possible after their occurrence will be eligible for compensation.
  41. 7.5 The client shall guarantee and indemnify, where applicable, Excell-Pay for any compensation claims that third parties may assert against it, in relation to damages occurring in any way as a result of the use of the payment terminal by or on behalf of the client.

  43. ARTICLE 8 - TERMINATION:
  44. 8.1 Excell-Pay shall have the right to terminate the Agreement without notice and in writing, for non-compliance by the client with the contractual stipulations, and in particular for non-payment of amounts due under these terms or for non-compliant or even abusive use of the connection (in the case of mobile telecommunications).
  45. Furthermore, upon the expiry of the initial period of twelve (12) months, the client and Excell-Pay may unilaterally terminate the Agreement in writing, subject to a notice period of one (1) month, whether in the context of a rental or a sale of equipment.
  46. 8.2 In the event that the client terminates the Agreement during the initial period of twelve (12) months, the client agrees to pay Excell-Pay a flat termination fee of two hundred and fifty euros (250 euros), in the case of rental of equipment.
  47. In the event that the termination by the client occurs at the end of the said initial period of twelve (12) months, it is agreed that the client shall not be entitled, for the remaining duration, to any refund of the quarterly fee (in the case of rental) or annual fee (in the case of sale).

  49. ARTICLE 9 - LEGISLATIVE AND JURISDICTIONAL COMPETENCE:
  50. 9.1 Any dispute that may arise between Excell-Pay and the client regarding the formation, execution or interpretation of these General Terms and Conditions or the specific conditions governing their contractual relationship shall be under the exclusive jurisdiction of the courts of Brussels.
  51. 9.2 The contractual relationship between Excell-Pay and the client shall be exclusively governed by the substantive provisions of Belgian law.

  53. ARTICLE 10 - PROTECTION OF PERSONAL DATA:
  54. The information collected under this Agreement will only be used for management purposes and will only be communicated externally to meet Excell-Pay's legal, regulatory or contractual obligations.
  55. In accordance with the provisions of the General Data Protection Regulation (GDPR), the client has the right to access, rectify and object to the personal data concerning them, as well as the right to data portability.
  56. To learn more about the processing of their personal data, the client can consult Excell-Pay's privacy policy on the website.www.excell-pay.com.