Allgemeine Geschäftsbedingungen

1. Definitions

"Account"

The account created by/for the Service Provider's Representative or the Project Owner's Representative on the Website.

"Additional Information"

The Information that Service Providers and Project Owners can use to complete their Profiles.

"Agreement"

The GTU accepted by the User, either expressly or tacitly.

"Basic Information"

The Information Sortlist deems necessary to provide in order to create an Account, build a basic Service Provider's Profile or Project Owner's Profile and describe the Project.

"GTPS"

The General Terms for the Provision of Paid Services.

"GTU"

The General Terms of Use of the Services.

"Information"

Any type of content that may be submitted, published, posted, displayed, shared, uploaded, downloaded or exchanged in the Use of the Services. This content includes, but is not limited to, Basic and Additional Information, publications, posts, comments, messages, answers to questionnaires, documents, images, sounds, videos or URL links.

"IP Rights"

All existing and future intellectual property rights, whether registered or unregistered, including, but not limited to, any patent right, model and design rights, topography rights, trade mark rights, company names, trade names, domain names, trade dress rights, copyrights and neighbouring rights (including database protection and copyright to computer programs), portrait rights, information protected by trade secrets and know how, as well as any application for the registration of such rights in any part of the world.

"Paid Services"

The Services provided by Sortlist for which the Service Provider must pay.

"Platform"

A graphical interface enabling Project Owners and Service Providers to connect and interact, and all the associated Services.

"Project(s)"

The project that the Project Owner wants to carry out and for which it needs the Service Provider's services.

"Project Owners"

The undertaking that has created an Account on the Website and is looking for a Service Provider to carry out its Project.

"Service Provider(s)"

The service provider who has created an Account on the Website and can apply for Projects.

"Services"

The Website, the Platform and/or all the services - whether paid or unpaid - made available by Sortlist through these Website and Platform.

"Sortlist"

Sortlist SA, the head office of which is located in Belgium at 1300 Wavre, avenue Zenobe Gramme 29 box 2, registered with the Crossroads Bank for Enterprises under No 0537.665.555.

"User"

The person, company or organization visiting the Website or using the Services. A User may be a Service Provider, a Project Owner, or neither.

"Website"

Sortlist's website https://www.sortlist.com and all its sub-pages and sub-domains, as well as all contents and services available on the Website.

2. General Terms of Use of the Services ("GTU")

2.1 Legal information about Sortlist

• Company name: Sortlist SA
• Address: Avenue Zenobe Gramme 29, 1300 Wavre, Belgium
• Enterprise number: Registered with the Crossroads Bank for Enterprises under No 0537.665.555
• TVA number: Registered with the Belgian Value Added Tax Administration under No 537-665-555
• Contact: hello@sortlist.com

2.2 Object

The Services provided by Sortlist include the provision of the Website and the Platform as well as all the services - whether paid or unpaid - made available by Sortlist through these Website and Platform, including, but not limited to, services for Service Providers to enhance their brand and reputation, to improve their visibility, to generate leads and to benefit from various data analytics.

As part of Sortlist's lead generation services, Sortlist makes it easier for Service Providers to be found by Project Owners through the Platform. The primary functioning of the Platform can be briefly summarized as follows: The Project Owner fills in a Project Description Form. Based on the information provided by the Project Owner, Sortlist selects, through an automated process, a limited number of Service Providers that are most suitable for the Project and submit their profiles to the Project Owner for review.

2.3 Acknowledgement and acceptance

By using the Services (which include accessing the Website), the User acknowledges that it has read, understood and accepted the GTU which are accessible via a hyperlink located at the bottom of each page of the Website.

As part of the Account creation process, the Service Providers and Project Owners are required to expressly agree to the GTU, which are available for review via a hyperlink directly accessible in the Account creation form.

2.4 Amendments

Sortlist has the right to amend the GTU at any time, without prior notice, for valid reasons, including, but not limited to, improving the quality of the Services, adapting and evolving the Services, etc.

The Users are informed of any amendment to the GTU by a notification on the Website. Sortlist will modify the "last update date" of the GTU to be found at the top of the GTU.

2.5 Relationship with Sortlist

Sortlist is not a party to the agreements that may be entered into between a Service Provider and a Project Owner thanks to the Use of the Services and shall never be responsible for the possible failure of the collaboration between these parties. Sortlist therefore does not guarantee results.

The User's relationship with Sortlist is that of an independent, third-party contractor, and not of an employee, agent, joint-venturer or partner. The User acts exclusively on its own behalf and for its own benefit, and not on behalf of or for the benefit of Sortlist.

2.6 Creation of an Account

The User who has an Account and uses the Services must be a Service Provider's Representative or a Project Owner's Representative. Accounts created by "bots" or other automated methods are not allowed.

In order to create and keep an Account, the Representative must:

• Be at least 18 years old
• Have the authority to represent and bind the Service Provider or Project Owner in the Use of the Services
• Provide his/her full legal name and a valid e-mail address
• Not have been banned by Sortlist from creating an Account or using the Services
• Not infringe Sortlist's rights, including IP Rights such as copyrights, trademarks and patents
• Have read and accepted, on behalf of the Service Provider or Project Owner, the GTU

2.7 Project Description Form

To describe its Project, the Project Owner agrees to fill in the Project Description Form with Basic Information, including information such as company name, field of activity, brief description of the Project, services needed, estimated budget, location and size of the Service Provider sought, and languages and skills required.

2.8 The Profile of the Service Provider and the Project Owner

In order to make the Service Provider's Profile more attractive, the Service Provider can complete the Service Provider's Profile with Additional Information, such as description and history, previous achievements, office locations, services and competencies offered, logos, team pictures, client reviews, and links to social networks, awards, and certificates.

2.9 Modification of Information

The Service Providers and Project Owners acknowledge that the required Basic Information is subject to change and agree to provide any other Information Sortlist may deem necessary to create the Account, to build a basic Profile and to describe the Project.

2.10 Obligations regarding the provision of Information

The Basic and Additional Information, as well as any other Information provided by Service Providers or Project Owners in the Use of the Services, must be true, accurate, current and complete, and quickly updated to remain so.

In providing Information, the Service Providers and Project Owners are prohibited from engaging in any activity that is contrary to applicable laws or regulations, including providing offensive, defamatory, or misleading content, infringing IP Rights, or distributing malware.

2.11 User Reviews

As part of the Services, Sortlist allows Users to post Reviews about their experience with Service Providers or Project Owners. These Reviews are intended to provide useful feedback and information to other Users and to help Sortlist improve the quality of the Services.

Any Review must comply with the following Review Requirements:

• The Review must be honest, accurate and relevant
• The Review must be genuine, independent and unbiased, based on objective facts
• The Review must not contain any unlawful, offensive, abusive, defamatory, discriminatory, misleading or fraudulent content
• The Review must not disclose any personal or confidential information of the other party
• The Review must not violate any IP Rights or other rights

2.12 Public display of Information

The Service Providers and Project Owners acknowledge and agree that the Basic and Additional Information may be made publicly available on the Website and the Platform.

2.13 No monitoring obligation

Sortlist has no obligation to monitor, screen or review the Information provided by the User in the Use of the Services, nor does it have any obligation to actively seek out facts or circumstances indicating the unlawful or illicit nature of this Information.

2.14 IP Rights

The Sortlist's Content is protected under any applicable IP Rights and other laws. All Sortlist's Content is the property of Sortlist or its licensor. Unauthorized use of the Sortlist's Content may violate these laws and is strictly prohibited.

The User owns the Information it submits, publishes, posts, displays or uploads in the Use of the Services, but grants Sortlist a worldwide, non-exclusive, fully-paid and royalty-free license to reproduce, make available to the public or otherwise use such Information on the Website and the Platform in connection with Sortlist's business purpose.

2.15 Advertisements

Some of the Services may now or in the future be supported by advertising revenue, pay-per-click mechanisms or other funding. The User agrees that Sortlist may incorporate such advertisements into the Services.

2.16 Third-party software

Sortlist may make software from third parties available to the User. To download such software, the User may be required to agree to the respective software licenses and/or warranties of such third-party software.

2.17 Other User's duties and obligations

The User shall maintain the confidentiality of Account information, including passwords, and notify Sortlist immediately of any unauthorized use or breach of security.

The User is prohibited from:

• Creating an Account for anyone other than itself
• Having more than one Account
• Using or attempting to use another User's Account
• Creating a false identity or misrepresenting qualifications
• Using the Services for any purpose not expressly permitted by the GTU
• Violating the IP Rights of other Users, third parties, or Sortlist
• Using bots or automated methods to access the Website and Platform
• Scraping or copying profiles and information of other Users
• Engaging in fraud, pyramid schemes, or similar practices

2.18 Duration and termination

For Service Providers and Project Owners with an Account, the Agreement is entered into for an unlimited duration. Either Party may terminate the Agreement and the Account at any time by giving written notice to the other Party.

2.19 Prevention and sanction of breaches

To the maximum extent permitted by law, Sortlist shall have the right to take any action it deems appropriate, without prior notice, to prevent any violation or rectify any alleged violations of the GTU, Sortlist's Policies and/or any applicable laws or regulations.

2.20 Disclaimer of warranties

The Services are provided "as is". Therefore, Sortlist makes no representations or warranties, whether express or implied, that the Services will meet the User's requirements, are fit for a particular purpose, are free of viruses, or that any errors will be corrected.

2.21 Sortlist's exemption or limitation of liability

Sortlist shall not be liable for any damage or loss suffered by any User in connection with circumstances subject to warranty disclaimers. Sortlist shall only be liable to the User for its gross negligence and/or wilful misconduct in the provision of the Services.

2.22 Negative and critical Information

The User agrees not to hold any other User liable for any negative or critical Information provided in the Use of the Services, except for Information that violates the GTU or applicable laws.

2.23 Privacy Policy

The User agrees that Sortlist's Privacy Policy shall govern Sortlist's collection and use of the User's personal information.

2.24 Entire Agreement

The GTU constitute the entire and exclusive agreement between Sortlist and the User regarding the Use of the Services. Any general terms and conditions of the User are excluded.

2.25 Assignment

The User may not assign or delegate any rights or obligations under the GTU without Sortlist's prior written consent. Sortlist may freely assign or delegate rights and obligations.

2.26 No waiver

The failure by one Party to enforce any provision of the GTU shall not constitute a waiver of such provision.

2.27 Severability

If any provision of the GTU is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

2.28 Electronic communications

The User consents to receive communications from Sortlist in an electronic form and agrees that all terms, conditions, agreements, notices, and disclosures provided electronically satisfy any legal requirement.

2.29 Notices

Service Providers and Project Owners are responsible for providing Sortlist with their most current professional e-mail address. Notices will be given by Sortlist via e-mail.

2.30 Language

The GTU are written in English. If translated into any other language, only the English version shall be considered authentic.

2.31 Governing law and jurisdiction

The GTU, the access to the Website and the Platform, the Use of the Services and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Belgian law.

The Courts of Brussels (Belgium) shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the GTU.

3. The General Terms for the Provision of Paid Services ("GTPS")

3.1 Object and relationship with the GTU

Sortlist provides Paid Services to Service Providers to help them, among others, to enhance their brand and reputation, to improve their visibility, to generate leads and to benefit from various data analytics.

Where Service Providers subscribe to Paid Services, the Use of the Services, which include Paid Services, remains governed by the GTU.

3.2 Information available on the Subscription Page

Information about the content, scope, and price of each type of Subscription to Paid Services is made available on the Subscription Page. The pricing and scope of each type of Subscription to Paid Services are subject to change.

3.3 Duration and termination

The Subscription to Paid Services is entered into for the subscription period chosen by the Service Provider, which may be monthly or annual.

The Subscription to Paid Services may be terminated by the Service Provider at any time by giving notice. The termination will take effect at the end of the current subscription period.

3.4 Cooling off period

The Service Provider is entitled to withdraw from the Subscription to Paid Services within a period of fourteen (14) calendar days from the day of the conclusion of the Agreement, without giving any reason and without cost, unless the Service Provider has expressly requested that the performance of the Paid Services begin during the cooling off period.

3.5 Price, Invoicing and Payment

The prices of the Subscriptions to Paid Services are indicated on the Subscription Page. All amounts are expressed in Euros and include VAT.

The Service Provider authorizes Sortlist to charge its Payment Method for the applicable subscription fees. Payment is due at the beginning of each subscription period.

3.6 Automatic renewal

Unless otherwise specified, the Subscription to Paid Services will automatically renew for successive periods of the same duration as the initial subscription period, unless the Service Provider terminates the subscription prior to the renewal date.

3.7 Payment Methods

Sortlist accepts various Payment Methods, including credit cards and other payment methods as indicated on the Website. The Service Provider must provide valid and up-to-date payment information.

3.8 Refund policy

Except as provided for in the cooling off period provisions, subscription fees are non-refundable. No refunds or credits will be provided for partial subscription periods.

3.9 Modification of the GTPS

Sortlist reserves the right to modify the GTPS at any time. Service Providers will be notified of any material changes. Continued use of the Paid Services after notification constitutes acceptance of the modified terms.