AJUSTO S.R.L. (hereinafter "AJUSTO") has developed a digital platform (available at https://www.ajusto.be/en) designed to facilitate contact between building professionals (hereinafter the "Professionals") and customers - users of the platform (hereinafter the "Users").
The Professionals form a community based on standards developed by AJUSTO (hereinafter the "AJUSTO Standards"). Compliance with these standards is encouraged by satisfaction ratings given by the Users themselves. The digital platform enables Users to request the services offered by Professionals quickly, securely and with unrivalled quality guarantees.
By accessing the digital platform, Users accept these General Terms and Conditions without reservation.
"Electronic Device" means any device by means of which the User accesses the online Platform: computer, smartphone, tablet, etc.
"General Terms and Conditions of Use of the Service" or "General Terms and Conditions" means this document in its most recent version, available on the Platform.
"Contact Details" means the information provided by any User and collected by AJUSTO when using the Service.
"User Request" means any request for Intervention made by the User by filling in the form provided for this purpose on the Platform.
"Estimate" refers to the offer issued by the Professional and to which the Customer has agreed electronically directly via the Professional's mobile application or by email to email@example.com. The Estimate identifies the Interventions within the framework of the Service, as well as the applicable pricing conditions. It is subject to the Professional's general terms and conditions of service.
"Interventions" refers to the various services offered by the Professional as part of the Service.
"Price List" (see url: https://www.ajusto.be/en/our-prices) refers to the recommended prices for the Interventions that are the subject of the User Request, available on the Platform for the User's information.
"Platform" means the Website available at the url address https://www.ajusto.be/en and the Professional's Mobile Application attached thereto, from which AJUSTO offers the Service.
"Professional(s)" or "Pro" refers to the building professional(s) who, meeting AJUSTO's legal and quality standards, are included in the Platform database.
"Service" means the intermediation service made available to Users and Professionals by AJUSTO, including access and the right to use the Platform and to place any User Request.
"Ajusto Standards" means the document drawn up by AJUSTO, listing the standards that Professionals meet in terms of quality and security, available on the Site (see url address: https://www.ajusto.be/en/our-pros).
"User(s)" means any person who visits the Platform, searches for a Professional to carry out an Intervention and, where applicable, submits a User Request.
2.1. Description of the Service
The purpose of the Service offered by AJUSTO is to put people in need of various services in touch with a Professional who has the required skills. The Professionals selected by AJUSTO are specialised in the fields listed on the Platform. They are selected in accordance with precise quality standards (the AJUSTO Standards, which the User can read about on the Platform at the following url link: https://www.ajusto.be/en/our-pros), in order to enable Users to benefit from the best possible conditions of intervention within the framework of the Service.
AJUSTO acts as a mere intermediary. Consequently, AJUSTO does not provide any service in respect of a User Request and is not a party to the contract concluded between the User and the Professional.
Notwithstanding the foregoing, throughout the relationship with the Professional, in the event of a question, problem or complaint. AJUSTO is the main point of contact for Users.
The Service is provided by AJUSTO free of charge to the User.
The User completes his User Request on the Site.
The procedure for registering the User Request on the Site is as follows:
Step 1: After consulting the Site, the User who wishes to request an Intervention by a Professional selects the Intervention desired as precisely as possible from the list proposed by AJUSTO on its Site. They enter their postcode in the window provided for this purpose.
Step 2: Based on the information provided by the User, AJUSTO informs the User online about the feasibility of their User Request (availability of the requested Intervention in the geographical area provided by the User). In the event of a positive response, the User may continue with his/her User Request if he/she so wishes by communicating his/her choice of date and time of the Professional's intervention. Once they have given their choice, they may :
Either decide not to continue with the User Request,
Or validate it by ticking the relevant box on the Site.
Step 3: The User is offered a free field to describe their User Request in more detail and upload photos if they wish to complete the description of their User Request or their claim. The User may then :
Either decide not to continue with the User Request,
Or validate it
Step 4: Once the User has validated the User Request, he/she completes a contact details form: first name, surname, mobile phone number, email address and postal address. The User may also indicate, where applicable, billing details different from those given for the intervention.
The User guarantees the accuracy and completeness of the information provided. Neither AJUSTO nor the Professional may be held responsible for the consequences of incomplete or inaccurate information or information entered in the wrong box.
Step 5: The User is informed of the different methods of payment for Ajusto services.
Step 6: The User receives a summary screen of their User Request. They can then validate it by first ticking the box relating to acceptance of the General Terms and Conditions (a hyperlink gives the User direct access to them) and then by confirming their User Request.
Step 7: The User receives a final screen confirming that their User Request has been accepted and informing them of the next steps. The User also receives a hyperlink by email, enabling them to access the details of their User Request, modify it or cancel it. They will also receive the Professional's general terms and conditions.
Step 8: The Professional selected informs the User by text message as soon as he sets off. Once on site, the Professional examines the situation and informs the User if his diagnosis matches the information he entered online. He then draws up an Estimate on behalf of the User via the Platform. The User may accept or refuse the Estimate. If the User accepts the Estimate, they tick the corresponding box on the Professional's Electronic Device, after ticking the box "I certify that I have read and accept the Professional's general terms and conditions" or send an email to firstname.lastname@example.org. The contract between the Professional and the User is then formed.
Step 9: The Professional carries out the Intervention covered by the Estimate. Once the Intervention has been completed, the service provider issues an invoice via the Platform. The User is then invited to pay directly via Digiteal, a secure third-party payment platform partnered with Ajusto, and accessible via the Professional's electronic device or via a link inserted in the invoice received at the e-mail address provided.
2.3 Payment methods
There are two ways for the user to pay their invoice:
1) From the Professional's electronic device: if the user has the Payconiq/Bancontact mobile application configured on their smartphone, or any other banking application that supports it, they can scan the Payconiq/Bancontact QR code displayed on the Professional's electronic device to make their payment.
2) From the email received and which contains the invoice as an attachment: the user clicks on the URL link displayed in the email containing the invoice or in the invoice. They are redirected to the secure Digiteal platform. If they choose to pay online (via smartphone or computer), they will have a choice of several payment methods: Bancontact, Maestro. To make their payment, they will need their homebanking box and their debit/credit card.
Once the Intervention has been completed and validated by the parties concerned, the authorised financial institution (Digiteal SA; https://www.digiteal.eu/fr/agree-bnb/) mandated by AJUSTO, will debit the amount indicated on the Professional's invoice from the User's bank account.
Ajusto is responsible for all payment transactions on the platform, including refunds, disputes and payment cancellations.
3. GUARANTEES & LIABILITY
The Professional is solely responsible for the proper performance of the Intervention. If the User is dissatisfied with the Professional's intervention, he/she must inform Ajusto in writing at email@example.com no later than 5 working days after the date of the intervention. Ajusto's role is limited to that of intermediary between the User and the Professional. If necessary, Ajusto will do its utmost to ensure that the Professional revises or completes its service. If the latter does not respond or if the User remains dissatisfied after discussion with the Professional, AJUSTO may be contacted again in order to facilitate a solution between the parties.
3.2. The User is informed and accepts that :
The Service is provided free of charge and "as is". AJUSTO does not guarantee the results or consequences of the use of the Platform and the Intervention of Professionals.
AJUSTO does not guarantee: (i) that the Service corresponds to the User's requirements; (ii) that the Service will function without interruption, within the allotted time or without operating errors; (iii) that the quality of the Interventions and information obtained via the Service will meet the User's expectations.
Any content downloaded or otherwise obtained through the use of the Service is at the User's sole risk. The User remains solely responsible for any damage to his/her Electronic Device and for any loss of data resulting from downloading or obtaining such content.
No written or oral advice or information obtained by the User from AJUSTO shall constitute a warranty contrary to the foregoing.
Compensation costs of €50 (incl. VAT) for travel may be applied by the Professional in the event that the User no longer wishes to use its services but has not communicated this within 4 hours prior to the start of the appointment time slot agreed with the User.
The Professional may charge an indemnity fee of €50 (incl. VAT) for travel in the event that the User is not present in the time slot requested for the Professional's Intervention.
Administrative costs may be claimed by Ajusto for any invoice modification for invoicing data that was not communicated by the User when the Service was booked.
For interventions of more than €500, the Professional may invoice a prepayment to be paid by the Customer before the start of the intervention. This prepayment represents up to 50% of the total amount of the estimate accepted by the customer.
Any prepayment will be announced to the customer when the estimate is created and will be the subject of a specific invoice generated by the professional via the platform.
Payment of the prepayment by the customer is made via the Digiteal payment solution presented by Ajusto (see "Payment methods", article 2.3 of the GTC).
3.3. The User guarantees that the information placed by him on the platform, including work orders and references, may not infringe the intellectual property of third parties.
The User shall fully indemnify AJUSTO against any claims from third parties arising from and/or in connection with the information placed by him/her on the Platform, including any claims based on the assertion that such information infringes the rights (intellectual property) of third parties.
3.4. AJUSTO commits to update the Platform and to use its best efforts to ensure that it is in working order at all times.
4.1. Responsibility of AJUSTO
AJUSTO's involvement is limited to making the Platform available to Users.
With respect to Users, the Service is strictly limited to the proper functioning of the Platform's functionalities, including the entire payment process.
Notwithstanding the foregoing, AJUSTO is the main point of contact in the event of cancellation of the Request for Intervention, dissatisfaction, complaints or any questions from Users or Professionals.
AJUSTO accepts no responsibility for the communication of :
Recommended prices on the Site,
the Estimate, which the Professional communicates directly to the User.
4.2 Responsibility of the User
The User is solely responsible for accessing and browsing the Site. They are also solely responsible for choosing to use the Service, where applicable, and for ensuring that it meets their needs, securing their Electronic Device and backing up their data.
The User commits to respecting the General Conditions by acting in a manner compatible with the Platform, the Service offered by AJUSTO and the laws and regulations in force.
4.3. Limitation of responsibility in connection with the Service
AJUSTO is not responsible for any disputes that may arise between the Professional and the User for claims or damages, present or future, presumed or not, ascertained or not, resulting directly or indirectly from the use of the Service, in particular during the performance of any Intervention.
AJUSTO declines all responsibility for the direct and indirect consequences of the connection between Professionals and Users.
It is specified that AJUSTO may not under any circumstances be held responsible to the User for any failure by the Professional selected to carry out the Interventions following a User Request.
Any use contrary to the General Conditions by the User shall entitle AJUSTO to suspend or refuse access to the Service to the User concerned and cancel his User Request where applicable, under the terms of article 9, without prejudice to any damages AJUSTO may claim.
5. USER EVALUATION
5.1. A user has the right to evaluate the Professional who has carried out certain activities.
5.2. The user guarantees that the information provided in the evaluation is sincere and true and releases AJUSTO from any liability of a third party with regard to it.
5.3. AJUSTO shall always have the right to delete an evaluation if, as a result of a declaration, the user's evaluation proves to be inaccurate, unreliable or manifestly illegal.
5.4. A User Rating must, in all cases, satisfy the following conditions:
A User Review may not contain defamatory, vulgar, obscene or racist language;
A User Evaluation may not contain personal data about a Professional;
A User Evaluation may not contain links and/or scripts;
A User Evaluation may only be added by the User and must relate to the Professional who carried out the intervention for the User.
6. INTELLECTUAL PROPERTY
The User acknowledges and accepts that the content of the Platform, and in particular but not exclusively the texts, photographs, videos, databases, software and programmes, sounds, music, layout, graphic charter, logos, design or any other information and/or media presented by AJUSTO (the "Content"), are protected by copyright(s), trademark(s), patent(s) and any other intellectual property right(s) recognised in accordance with the laws in force.
AJUSTO declares that it is the owner of the intellectual property rights relating to the Content or that it is duly authorised by the owner to use and reproduce the Content on the Platform. The User agrees not to reproduce or represent, in whole or in part, all or part of the Content without the express authorisation of AJUSTO.
In the event of non-compliant or abusive use of the Content, AJUSTO reserves the right to put an end to the infringement of its intellectual property rights.
7. PERSONAL DATA AND COOKIES
7.1. The submission of a User Request requires the User to communicate personal data. In this respect, the User commits to providing only truthful and accurate information when making his/her Request and generally in the context of the Service.
Ajusto S.R.L. is responsible for processing the personal data collected as part of the Service. In this respect, AJUSTO guarantees that it complies with all laws and regulations relating to the protection of personal data.
The personal data transmitted as part of the Request is processed by AJUSTO for the purpose of enabling the User to benefit from the Service and in particular to facilitate the User's contact with the Professional selected. In particular, AJUSTO commits to not communicating the User's personal data to third parties other than the Professionals who may respond to a User Request.
Users have the right to access, rectify and delete data concerning them. Any User may request that information concerning them be rectified, completed, clarified, updated or deleted.
The User acknowledges that he/she may exercise his/her rights and receive information on the processing of his/her data at his/her request by following the procedure below:
Once the User Request has been submitted and for all purposes of proof, data concerning the User is kept and archived confidentially by AJUSTO or any data processor appointed by AJUSTO, for a maximum period of 3 years.
Users may object to cookies being stored on the hard disk of their Electronic Device by clicking on "refuse" when the pop-up window asking for their authorisation to do so appears.
7.3. AJUSTO retains the history of Users' connections to the Service in accordance with the regulatory deadlines imposed on it.
8. THIRD PARTY WEBSITES
8.1. Any click on a hypertext link may cause you to leave the Platform. AJUSTO does not endorse or control third-party websites. Consequently, AJUSTO shall not be held responsible for the content or operations of third-party websites accessible from the Platform. In addition, certain third-party websites may be subject to different terms and conditions of use and privacy policies. AJUSTO strongly recommends that Users inform themselves about the practices of third-party websites.
8.2. Communications, commercial relations, participation in promotions or advertisements accessible from the Site, as well as the delivery of and payment for products and services and any terms, conditions, guarantees or declarations relating thereto, bind the User exclusively to the advertiser. In this regard, the User acknowledges and agrees that AJUSTO shall not be responsible or liable for any loss or damage of any sort incurred as the result of, or in connection with, any such dealings or as the result of the presence of such advertisers on the Site.
9. SUSPENSION AND CANCELLATION
In the event of non-compliance by a User with any of the provisions of the General Terms and Conditions, AJUSTO may - at its sole discretion - (i) inform the User of such non-compliance and request the User to remedy such non-compliance as soon as possible, and/or (ii) suspend or cancel the User Request made by the User without compensation or notice, and without prejudice to any actions under common law that AJUSTO may take.
10.1. Partial invalidity
If one or more stipulation(s) of the General Terms and Conditions is/are held to be illegal, null or void or unenforceable in whole or in part, in application of a law, regulation or following a final decision by a competent court, the stipulation(s) in question will be amended in compliance with the law, in a way that reflects, as far as possible, the original intention of the parties. The other stipulations will retain their full force and scope.
10.2 Entirety, amendments
The General Terms constitute the entire agreement between the Users and AJUSTO and prevail over any other prior or contemporaneous oral or written stipulation relating to the same subject matter.
AJUSTO reserves the right to amend the General Terms and Conditions at any time.
Communications to the User shall be made by e-mail or SMS to the address/number indicated when the User Application was submitted. The User is deemed to have received and acknowledged any e-mail or SMS sent to this address/number.
AJUSTO may assign or transfer to any third party, without prior notice, its rights and obligations arising from the General Terms and Conditions.
10.5. Force Majeure
Neither party may be held liable for failure to perform its obligations under the General Terms and Conditions in the event of a force majeure event.
AJUSTO's failure to take advantage of any of the stipulations of the General Terms and Conditions shall not be interpreted subsequently as a waiver of the stipulation in question. Any waiver shall only be effective in the event of modification of the General Terms and Conditions by AJUSTO.
10.7 Applicable law and jurisdiction
The General Terms and Conditions are governed by Belgian law. In the event of a dispute relating to the performance or interpretation of these General Terms and Conditions, the parties commit to using their best efforts to find an amicable solution. If no amicable solution can be found, any dispute or claim will fall within the exclusive jurisdiction of the competent courts of Brussels or the User's place of residence.