General terms and conditions of sale

Version of [A COMPLETER : date of entry into force].

1. Purpose and scope

These terms govern the supply of the XiwiX services by XiwiX SRL, Rue Jules Borbouse 42, 5170 Profondeville, Belgium, VAT BE 0698.895.985, contact@xiwix.be (hereinafter "the provider").

The services are reserved for professionals: companies, associations, bodies and self-employed persons acting for the purposes of their business. By signing up, the customer declares that they act in that capacity. The services are not offered to consumers.

Any order constitutes acceptance of these terms, which prevail over any other document of the customer.

2. Services

2.1 Monitoring subscription

The subscription includes:

• daily reading of the public procurement notices published in the sources described below, and selection of the notices that match one or more profiles set by the customer or with them, using the settings offered by the service (for example included and excluded words, sectors, CPV codes, countries and geographical areas, départements in France);
• email delivery of the selected notices to the recipients named by the customer;
• for each selected notice, a sourced summary (deadline, amount, criteria, procedure and other available items), each value being accompanied by the excerpt of the notice it comes from and the link to the source; an uncertain value is flagged "to be checked";
• an indicative score, with its reasons.

Monitoring covers only the following sources, for the countries offered on the site:

• France: the Bulletin officiel des annonces des marchés publics (BOAMP) and, for European notices, TED (Tenders Electronic Daily);
• Belgium: the European notices published on TED and, as soon as the "Method and coverage" page says so, the notices of the Bulletin of Tenders (Bulletin des Adjudications, e-Procurement platform of FPS BOSA); notices published only elsewhere are not read;
• Luxembourg: the Portail des marchés publics du Grand-Duché de Luxembourg and the European notices published on TED;
• Germany: the federal notice publication service (Bekanntmachungsservice, Datenservice Öffentlicher Einkauf) and the European notices published on TED; notices published only on a platform of a Land or of a private publisher are not read.

The "Method and coverage" page of the site states, country by country, the sources read, what they do not cover and the available coverage measurements. It prevails for the description of the sources and may change, in particular when a source is added, suspended or withdrawn, or when a country is offered. The lasting withdrawal of a source listed above is announced by email to subscribed customers as soon as possible; the customer may then cancel their subscription; if they do so within 30 days of the announcement, cancellation takes effect immediately and the prepaid share for the remaining full calendar months is refunded, by way of derogation from article 5.

In particular, the following are not covered: contracts published only elsewhere (buyer profiles, e-procurement platforms, buyers' websites, legal notice newspapers, national or regional bulletins not listed above), contracts awarded without publication and countries not offered on the site.

2.2 Bid file

The bid file is not offered for sale for the time being; its price will be set when it is offered again. The provisions that concern it apply only from that time.

The bid file is the writing, for a notice designated by the customer, of a technical proposal based on the information and documents provided by the customer. The proposal is checked before delivery; the customer reads and approves it before any submission.

The provider makes up no information: missing items are requested from the customer or flagged as to be completed in the delivered document.

The customer remains solely responsible for checking the content, for putting together their complete tender, for signing it and for submitting it on time to the contracting authority. The provider submits no tender on the customer's behalf.

2.3 Beta period

During a test period announced as such, the service may be supplied free of charge to some customers. It may then change or be interrupted without notice.

3. Prices

• Monthly subscription: 59 EUR excluding tax per month, no commitment.
• Annual subscription: 590 EUR excluding tax per year (ten months charged), payable in advance for one year.
• Founder price: a company that took part in the free beta and takes out a monthly subscription within 14 days after the later of these two dates, the end of its beta and the opening of the paid subscription, pays 39 EUR excluding tax per month for 12 months from its first payment, then the current price of the monthly subscription. The founder price does not apply to the annual subscription; it is lost for good if the first subscription is taken out at another price. The customer is notified by email at least 30 days before the end of their founder price.
• Bid file: not offered for sale for the time being; its price will be set when it is offered again.

[A COMPLETER : statement excluding or including taxes, and VAT treatment for customers in Belgium, France and the other countries of the European Union]

[A VALIDER (question A2 to the lawyer): founder price and its end, annual subscription paid in advance without pro rata refund, SEPA direct debit mandate.]

The provider may change the subscription price by notifying the customer by email at least 30 days before the renewal date concerned. A customer who refuses the new price may cancel before that date.

4. Orders and payment

Payment is made online by bank card, by SEPA direct debit or by any other means offered by the payment provider Stripe. Card and bank account details are entered directly with Stripe: they do not pass through the provider's servers. By choosing SEPA direct debit, the customer accepts with Stripe a mandate authorising the provider to debit the amounts due from its account; the subscription takes effect once the first debit is confirmed, usually after a few working days.

The monthly subscription is payable monthly in advance and renews automatically from month to month. The annual subscription is payable in advance for one year and renews automatically from year to year. The bid file is payable on order.

An invoice is made available for each payment in the customer area.

If a payment fails, the customer is informed by email. Failing settlement, the account is suspended and the sending of alerts is stopped until payment.

5. Term and cancellation

The monthly subscription has no minimum term; the annual subscription is taken out for one year. The customer may cancel either at any time from the payment portal available in their customer area. Cancellation takes effect at the end of the current period: the month for the monthly subscription, the year for the annual subscription; the period started remains due and is not refunded pro rata.

The provider may refuse a sign-up. It may suspend or terminate the subscription in the event of non-payment or a serious breach of these terms by the customer, after formal notice that has remained without effect for 8 days, except in an emergency.

6. Delivery of the bid file

The delivery time is agreed when ordering, based on the deadline for the submission of tenders and the date on which the customer provides their information. The customer undertakes to send the requested information within the stated time limits.

[A VALIDER : if the file cannot be delivered before the deadline for the submission of tenders for a reason attributable to the provider, the price paid is refunded.]

7. Customer's obligations

The customer undertakes to provide accurate information, to keep the sign-in links received by email confidential and to use the summaries only for the needs of their own business. The customer does not resell or redistribute the summaries to third parties.

8. Coverage and notices not delivered

8.1 Obligation of means

The provider is bound by an obligation of means. Its essential obligation is an obligation of diligence: to read with care the sources listed in article 2.1, on the days they publish, and to deliver with care to the recipients named by the customer the notices that match the profile set by the customer, with their summary and the link to the official notice.

8.2 No guarantee of coverage

The provider does not guarantee the completeness of the monitoring: it does not guarantee that every contract published, or even every notice published in the sources listed, is captured, selected or delivered to the customer, or that it is delivered by a given date. A notice may in particular not be delivered, or be delivered late, in the following cases:

• a source could not be read, or was read only in part: outage or unavailability of the source, of the service or of one of its providers, delay at the source, change in the format or access conditions of the source, notice published late, corrected or withdrawn by the contracting authority;
• the notice is published outside the sources read (article 2.1);
• the data published at the source are incomplete or inaccurate, for example a CPV code, a place of performance, a deadline or a subject that is missing or wrong;
• an error in classification, matching, extraction or translation;
• the profile set by the customer does not select the notice (words, sectors, CPV codes, areas or countries chosen);
• the email is filtered, delayed, blocked or lost at the customer's end or at their email provider, or sent to an address that is wrong or no longer valid.

8.3 Customer's own monitoring

The service helps the customer with their monitoring; it does not replace it. The customer remains solely responsible for their own monitoring of the contracts that matter to them, in particular those of their usual or expected contracting authorities, for the settings of their profile, which they check regularly (for example with the preview offered by the service), and for checking the official notices and the procurement documents, in particular the date and time limit for the submission of tenders.

8.4 Quality objectives

The quality measurements and objectives published by the provider, in particular on source coverage, missed notices, relevance of alerts or accuracy of summaries, describe its method and its checks. They are objectives, not contractual commitments or guaranteed service levels.

8.5 No guarantee of results

Nor does the provider guarantee:

• that the customer will win a contract;
• the accuracy of the information published by the contracting authorities themselves.

The summaries and scores are decision aids. The official notice and the procurement documents prevail; it is for the customer to check them.

9. Liability

9.1 Principle

The provider is liable for damage caused by a proven breach of its obligations, within the limits of this article.

9.2 Notices not delivered and summary errors

Subject to article 9.5, the provider is not liable:

• for a contract not captured, or a notice not delivered or delivered late, except in the event of a proven breach of the essential obligation defined in article 8.1;
• for an error or omission in a summary, an abstract, a translation or a score, since the official notice prevails and it is for the customer to check it (article 8.3).

9.3 Cap

Where its liability is engaged, it is limited, for all causes combined, to the damage that the parties could reasonably foresee when the contract was concluded and, in any event, to the sums paid by the customer for the service concerned during the 12 months preceding the event giving rise to it and, for a bid file, to the price of that file.

9.4 Indirect damage

The provider is not liable for indirect damage, in particular the loss of a contract, of an opportunity, of turnover or of margin.

9.5 Cases where the limits do not apply

The exclusions and limits of this article do not apply in the event of fraud, intentional misconduct or gross negligence of the provider or of a person for whom it is responsible, in the event of harm to the life or physical integrity of a person, or in the other cases where the applicable law prohibits excluding or limiting liability. They do not deprive the essential obligation defined in article 8.1 of its substance: a proven breach of that obligation engages the provider's liability, within the limits of article 9.3.

10. Ownership

The customer retains all rights in the information and documents they provide. The delivered technical proposal belongs to the customer once the file has been paid in full.

The provider retains all rights in its software, its methods and the presentation of the summaries. Public procurement notices remain governed by the reuse conditions of their source (Licence Ouverte 2.0 Etalab for the BOAMP; Commission Decision 2011/833/EU for TED; written authorisation of the Ministry of Mobility and Public Works of 16 October 2026 for the Portail des marchés publics du Grand-Duché de Luxembourg; CC Zero licence for the Bekanntmachungsservice).

11. Confidentiality and personal data

The provider treats the information provided for a bid file as confidential and uses it only for that file.

Personal data is processed in accordance with the privacy policy.

12. Changes to the terms

The provider may change these terms. Subscribed customers are informed by email at least 30 days before they come into force; they may cancel before that date.

13. Applicable law and disputes

These terms are governed by Belgian law. [A VALIDER : any dispute falls within the jurisdiction of the courts of the judicial district of the provider's registered office, after an attempt at amicable settlement.]

14. Contact

contact@xiwix.be