1. Scope
These terms apply to any subscription taken out with Espero-Soft Informatiques SRL, Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgique, company number 1033.022.383, VAT BE 1033.022.383, operator of the Wobelio platform.
They address both business customers and consumers. Clauses marked as specific to consumers benefit only natural persons acting for purposes outside their trade, business, craft or profession.
Any conflicting purchasing conditions issued by a business customer do not bind us unless we accept them in writing.
2. Plans and services
The platform is offered as a free plan and as paid plans, whose exact content is described on the pricing page at the time of the order. That description forms part of the contract.
A subscription is attached to a website: an account managing several websites may hold several separate subscriptions, each with its own renewal date.
Plans that include a domain name include it for the duration of the current subscription. The domain is registered in your name with the registrar and you remain its holder.
3. Prices and taxes
Prices are stated in euros. They are displayed excluding VAT, the platform being aimed primarily at business customers.
Applicable VAT is added before the order is confirmed: the total amount payable, all taxes included, is shown on the payment page and stated on the invoice. A business customer established in another Member State and holding a valid VAT number is invoiced without VAT, which is then due by the customer under the reverse charge mechanism.
Annual payment is invoiced once for twelve months. Monthly payment carries a surcharge: the difference between the two is shown on the pricing page, which in both cases displays the amount actually charged at each due date.
Consumers: the price shown to you before confirmation of the order is the total price payable, taxes and charges included. No additional amount may be claimed from you without your express agreement.
4. Ordering and formation of the contract
Ordering follows three steps: choosing the plan and billing period, checking the summary (service, duration, total amount due), then confirming payment. The confirmation button states expressly that the order entails an obligation to pay.
The contract is formed once payment is accepted. A confirmation is sent to the email address of your account, with the order summary and a link to these terms, on a durable medium.
We may refuse an order on legitimate grounds, in particular a previous unpaid invoice, suspected fraud or an ongoing breach of the terms of use. Any refusal is reasoned and any amount already charged is refunded.
5. Payment
Payment is made online, using the methods offered at the time of the order. It is processed by Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Irlande, which collects on our behalf.
No card data passes through or is stored on our servers: it is entered directly with the payment provider, which retains it so that the subscription can renew automatically.
Invoices are issued electronically and made available in your dashboard. By accepting them in that form, you waive their dispatch on paper.
6. Term, renewal and due dates
The subscription is entered into for the period chosen, monthly or yearly, and renews tacitly for an identical period unless terminated before the due date.
A reminder is sent by email before each due date, stating the amount that will be charged and the date of the charge. Termination is done from your dashboard or by email to info@espero-soft.com; it takes effect at the end of the current period, which remains payable and during which the service continues.
Consumers: after a first tacit renewal, you may terminate at any time, free of charge and without penalty, subject to one month's notice. The prepaid and unused part of the subscription is then refunded pro rata.
7. Failed payment and grace period
Where a charge fails, the website continues to be served unchanged during a grace period of 14 days for a yearly subscription and 7 days for a monthly one. That period runs from the due date and we notify you of it by email.
If the situation is not regularised within that period, the website automatically falls back to the free plan: the capabilities specific to the paid plan close, and a domain name included in the plan ceases to be paid for by us.
The content of your website is never deleted because of an unpaid invoice. It stays in your account and becomes fully accessible again as soon as a subscription resumes.
As against a business customer, any sum unpaid at its due date bears interest by operation of law and without notice, at the rate laid down by the Belgian Act of 2 August 2002 on combating late payment, together with a fixed indemnity of 40 euros for recovery costs. As against a consumer, only the interest and the indemnity provided for in Book XIX of the Code of Economic Law apply, after a first free reminder and the expiry of the period it opens.
8. Changing plan
You may move up to a higher plan at any time. The difference is calculated pro rata for the remaining period and charged immediately; the new capabilities open without delay.
Moving down to a lower plan takes effect at the next due date, the current period remaining payable. Before any change, check that your website still fits within the limits of the target plan: anything exceeding them may cease to be served.
9. Consumer right of withdrawal
Consumers have 14 calendar days from the formation of the contract to withdraw, without giving reasons and without bearing any costs other than those set out below.
To exercise it, simply send us an unambiguous statement at info@espero-soft.com or by post to Espero-Soft Informatiques SRL, Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgique, before the period expires. Reimbursement is made within 14 days of receipt of the request, using the same means of payment as the one used for the order.
We only begin performing the service before the end of that period if you expressly request it. In that case you acknowledge losing your right of withdrawal once the service has been fully performed, and, should you withdraw while performance is ongoing, you remain liable for an amount proportionate to what has been supplied up to the moment you inform us of your decision.
Domain names: registering a domain name in your name is made to your specifications and cannot be undone once completed. It is excluded from the right of withdrawal under Article VI.53, 3° of the Code of Economic Law. The rest of the subscription remains subject to withdrawal.
Model withdrawal form (to be used only if you wish to withdraw): "To Espero-Soft Informatiques SRL, Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgique, info@espero-soft.com: I hereby give notice that I withdraw from the contract for the supply of the following service: [plan and website concerned]. Ordered on: [date]. Name of consumer: [name]. Address of consumer: [address]. Date: [date]."
10. Conformity and legal guarantee
We supply a service that conforms to its description, is fit for the purpose expected of a website building tool, and is kept updated throughout the subscription.
Consumers benefit from the legal guarantee of conformity for digital content and services under Book VI of the Code of Economic Law, throughout the supply period and for a minimum of 2 years. In the event of a lack of conformity, they may require it to be brought into conformity and, if that does not happen within a reasonable time, obtain a price reduction or termination of the contract. No provision of these terms restricts those rights.
Any difficulty should be reported to info@espero-soft.com, describing the problem encountered and the website concerned.
11. Changes to prices and services
The prices in force are those displayed at the time of the order. They remain unchanged throughout the period paid for.
A revision may apply to the following renewal. It is announced by email at least thirty days before the due date, together with the new amount. You are free to terminate before that date: without termination, renewal takes place at the new price.
The same applies to any adverse change to an essential feature of the plan taken: thirty days' notice, and the right to terminate free of charge with a pro rata refund of the paid and unused part.
12. Termination by the platform
We may terminate a subscription in the event of a serious breach of the terms of use, in particular the publication of illegal content, after a warning that has remained without effect, save where urgency or an order from an authority requires immediate action.
Termination is reasoned and notified by email. Except where you are at fault, the prepaid and unused part of the subscription is refunded pro rata.
We may also stop offering a plan or the service altogether: in that case notice is three months, your data remains exportable throughout that period, and amounts paid in advance and not used are refunded.
13. Applicable law and dispute resolution
These terms are governed by Belgian law. A complaint may be sent to info@espero-soft.com: we answer within fourteen days.
Consumers may refer the matter free of charge to the Belgian Consumer Mediation Service, Boulevard du Roi Albert II 8 boîte 1, 1000 Bruxelles, contact@mediationconsommateur.be, https://mediationconsommateur.be, which will direct them to the competent qualified entity.
Failing an amicable settlement, the courts of the judicial district of Brussels have jurisdiction, without that clause depriving a consumer of the right to bring proceedings before the courts of their place of residence.