Hi! Welcome to StreetSmart, a solution created by Mobile School, a social enterprise that strives to increase the sustainable development of youth and business communities. StreetSmart was developed in a desire to provide organisations like yours and its volunteers/youth workers with a tool which allows them to document and describe activities and member progress/behaviour more efficiently.
These Terms of Service govern your use of StreetSmart and help define the relation between you and Mobile School. By providing you with these Terms, we aim to act transparently and try to proactively answer any questions you might have regarding support, payment, term, etc. By using the Platform, you agree to the latest version of this Policy. We kindly ask you to read these Terms of Service carefully and keep them in mind every time StreetSmart is used.
1 Definitions
1.1 “Agreement”: the collective term for all arrangements related to the Services agreed upon between Mobile School and the Customer. The Agreement consists of both (i) the Order Form signed or otherwise confirmed by the Customer, and (ii) these Terms;
1.2 “Customer” or “you”: the professional entity passionate about youth care relying on the Services provided by Mobile School;
1.3 “End-User”: the individual authorised by the Customer to access and use StreetSmart on behalf of the Customer (mostly youth workers);
1.4 “StreetSmart”: The platform/app developed by Mobile School, which (amongst others);
- Maximises efficiency of the youth care teams by centralising and summarising all information regarding interventions, End-Users, etc.;
- Monitors and shares real-time data/insights on certain activities and people; and,
- Consists of an application to facilitate operations and enables the Customer and End-Users to swiftly gather and document information.
1.5 “Mobile School”, “we” or “us”: The non-profit organisation (VZW) “Mobile School”,incorporated under the laws of Belgium, having its registered office at Brabançonnestraat 25, 3000 Leuven, registered under number 0478.688.664 and with register of legal entities at Leuven;
1.6 “Order Form”: An order form containing the practical arrangements agreed upon between Mobile School and the Customer related to the Services, such as but not limited to the fees and the Term;
1.7 “Services”: all services provided by Mobile School to the Customer as part of the Agreement, including a right of access to StreetSmart, onboarding, custom development and support (if applicable);
1.8 “Term”: the term of the Agreement;
1.9 “Terms”: these Terms of Service, the Acceptable Use Policy and the Data Processing Policy.
2 Applicability of the Terms
2.1 The relation between Mobile School and the Customer is governed by (in descending hierarchical order): (i) the Order Form, (ii) the Terms, and; (iii) Belgian law.
2.2 These Terms are specifically tailored to the use of StreetSmart and are thus best suited to describe the relation between Mobile School and the Customer. Therefore, the Customer agrees these Terms always take precedence over its own terms and conditions, which shall not be enforceable against Mobile School (even if the Customer declares them the only valid terms).
3 Quotes
3.1 All proposals and quotations of Mobile School, either verbal or in writing: (i) are non-binding, (ii) merely provide an indication of the Services and the fees, and (iii) shall be subject to further negotiations between Mobile School and the Customer. During these negotiations, the proposal or quotation shall continuously evolve. Any changes to a proposal or quotation renders the previous version null and void.
4 Performance of the Agreement
4.1 We aim to carry out the Agreement and all Services to our best effort. Hence, we shall always provide Services with appropriate care and in good faith and will serve the Customer to the best of our understanding, skill, insight and ability, as reasonably expected of a professional experienced in services of comparable scope, complexity and size.
4.2 StreetSmart is provided to the Customer “AS-IS”, which means the Customer confirms it does not base its reliance on StreetSmart upon the development of any future functionality or features.
4.3 Should there be any complaints concerning the Agreement and/or the Services, we ask you to submit these to us in writing via info@street-smart.be, accompanied with a detailed description of your complaint. Complaints needs to be submitted within a period of 5 business days following the discovery of the problem.
5 Use of StreetSmart
5.1 Mobile School grants the Customer a personal, limited, non-commercial, non-exclusive, non-assignable and non-transferable access and use right to StreetSmart. In return, we ask the Customer to (i) timely pay the applicable fees and (ii) use StreetSmart in compliance with the Terms.
5.2 We strive to ensure a high level of availability of StreetSmart in general. In case of maintenance activities or updates, we minimise the impact on the availability of StreetSmart by performing these activities during non-peak moments. However, we are unable to exclude all downtime for all Customer.
5.3 If you observe any deficiency or problem, you should immediately notify us, cease the use of StreetSmart and should make every reasonable effort to prevent any (further) damage.
5.4 In the event you or your End-Users are in need of assistance or have an enquiry with respect to StreetSmart, contact us via email (info@street-smart.be) or by telephone (+32 16 20 00 85) and we will do our best to assist you as soon as reasonably possible. The helpdesk of StreetSmart is included in the fee for the services of StreetSmart.
6 Onboarding
6.1 To make sure you can use StreetSmart adequately and efficiently, we provide you with documentation and demo’s explaining its elements/features.
6.2 If in our opinion, the provided documentation might not suffice to enable you to use StreetSmart properly, we might propose organising specific workshops in which we will help you set-up StreetSmart and give some in-depth information on how to operate it, how to optimise your team structure, etc. The scope and the fee of such a workshop will always be agreed upon between Mobile School and the Customer in advance.
7 Custom development:
7.1 If needed and/or requested by the Customer, we might additionally provide some custom development services in connection with StreetSmart. Custom development Services will always be subject to a separate agreement between Mobile School and the Customer and are therefore never included in the fee for the services of StreetSmart.
8 Standard accounts
8.1 A standard account is created by directly completing the online registration form available in StreetSmart. You will need to provide Mobile School with the requested information (e.g. company information, payment information, etc.).
8.2 Every new Customer receives a free trial period of 30 calendar days. The payment information (i.e. credit card information) must be added to StreetSmart before the free trial ends.
8.3 The Customer can add different End-Users in the standard account. Each End-User receives an account, for which the Customer must pay the applicable fee (as described in art. 10).
8.4 Some Customers might receive a certain amount of prepaid End-User accounts from another entity (cfr. art. 9)). When the Customer exceeds the number of prepaid accounts provided by said entity (by adding more End-Users), the additional End-User accounts will be invoiced to the Customer directly.
9 Prepaid accounts
9.1 As part of their supporting role, certain foundations, cities, municipalities, etc. can purchase a predefined number of End-User accounts from Mobile School. As opposed to art. 5, these access and usage rights are transferable. Subsequently, these types of Customers will be allowed to transfer their predefined number of End-User accounts to one or more entities of their choosing.
9.2 The purchase of prepaid End-User accounts is always subject to a prior quotation and negotiation process between Mobile School and the Customer.
9.3 If prepaid End-User accounts are purchased, the Customer must provide Mobile School with the necessary contact information of the entities to which it wants to transfer its End-User accounts. Mobile School will set up a standard account for each entity the Customer has chosen, incl. the amount of prepaid End-User accounts per entity.
10 Payment
10.1 In case of standard accounts (cfr. art. 8), the Customer:
- Shall pay a monthly base fee (i.e. irrelevant of the number of activated End-User accounts);
- Shall pay a monthly fee for each of the activated End-User account during the Term (i.e. an End-User account de-activated during a certain Term still counts as an active End-User account for that Term).
10.2 The Customer of a standard account authorises Mobile School to immediately invoice the prices/fees upon the start of the (original or renewed) Term by charging the fees to the provided credit card information.
10.3 The Customer of a standard account can de-activate End-User accounts at any time. When all End-Users are de-activated, the Customer still has to pay the base fee (as this is not considered a termination as described in art. 12).
10.4 In case of prepaid accounts, the Customer must pay the invoices on the due date agreed upon in the Agreement or as indicated on the relevant invoices at the latest. The invoice is payable to the designated bank account of Mobile School.
10.5 If you disagree with an invoice, you can contact us within 8 days after its issuance. The Customer understands that if an invoice is not timely disputed, we will consider the invoice to have been fully accepted.
10.6 We shall not refund nor award you with any credits when the access to and/or use of StreetSmart is lowered or halted by the Customer.
10.7 By ordering the Services, the Customer agrees to electronic invoicing by StreetSmart.
10.8 We reserve the right to increase prices based on objective elements and upon prior written notice.
11 Late payment
11.1 In the event you (continuously) neglect to pay, Mobile School:
- Can suspend or postpone your access to StreetSmart or the other Services;
- Is entitled to claim an interest on the overdue amount at a rate of 1% per month; and
- Is entitled to liquidated damages in the form of a fee of 5% of the outstanding balance, with a min. amount of €250 for costs associated with i.e. the collection of the amounts due and with the adverse consequence on our cash flow.
12 Term and termination
12.1 In case of standard accounts (cfr. art. 8), the Term commences at the end of the free trial, for a fixed duration of one month. At the end of each month, the Term is tacitly renewed for one more month, unless when terminated by the Customer via email at least five working days prior to the expiry of the initial or renewed Term (info@street-smart.be).
12.2 In case of prepaid accounts (cfr. art. 9), the Term commences when the Agreement is concluded, for a fixed duration of one year. At the end of the year, the Term is tacitly renewed for one more month, unless when terminated by the Customer via email at least two months prior to the expiry of the initial or renewed Term. (info@street-smart.be).
12.3 Either party may terminate the Agreement per registered mail for material breach, automatically and without definitive court decision if the other party has committed a material breach and fails to remedy such breach within fifteen days of written notice of default by the claiming party. Parties will consider (amongst others) the following events as a material breach:
- Failure to pay invoices for which payment is due;
- Unauthorized or illegal use of StreetSmart;
- Failure to comply with the Terms;
- Breach of art. 16 and/or 17.12.4 The Agreement may be terminated as well if an insolvency event occurs, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings.
12.5 Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:
- The Services shall be inaccessible for the Customer and its End-Users;
- Mobile School is entitled to refuse any request from the Customer to enter into a (new) Agreement regarding the Services.
- Each party will discontinue its use and will return the confidential information and proprietary materials of the other party (without prejudice to art. 16).
12.6 The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.
13 Cancellation
13.1 In the event the Customer wishes to cancel a workshop as described in art. 6.2, a cancellation fee will be due of:
- 50 % if the cancellation occurs between one month and two calendar weeks before the agreed upon date; and,
- 100 % if the cancellation occurs less than two calendar weeks before the agreed upon date.
13.2 Mobile School shall always be entitled to claim compensation for all proven costs that were already incurred at the moment of cancellation (e.g. accommodation and travel costs).
13.3 The Customer explicitly recognises that Services regarding custom development (cfr. art. 7) cannot be cancelled once the performance of the Services has started. If the performance of the Services has not yet started, a cancellation fee of 20% will be due.
14 Liability
14.1 We take on a best effort obligation and our liability shall always be assessed in the light thereof. The liability of Mobile School is limited to the invoice value of the Services delivered by Mobile School to the Customer under the Agreement during the twelve (12) month period preceding the date on which the applicable liability claim arose.
14.2 In the case of inadequate Services, our liability is limited to the (renewed) performance of the missing or inadequate Services. If the (renewed) provision of the Services is not (or no longer) possible or reasonable, the Customer is entitled to compensation in lieu of the damage suffered.
14.3 The Customer acknowledges that we cannot accept any claim for indemnification for:
- Defects that are caused directly or indirectly by an act of the Customer or a third party, regardless of whether they were caused by a fault, negligence or carelessness;
- Damage caused by all incorrect or inadequate use of StreetSmart and/or the Services;
- Damage caused by the further use or application by the Customer after a problem has been found;
- Damage caused by force majeure or hardship in accordance with the provisions of art. 15;
- Indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, loss of revenue, loss caused by business interruption and damage to third parties.
14.4 The Customer alone assumes responsibility for the use made of StreetSmart and/or the Services by its End-Users.
14.5 The Customer shall hold Mobile School harmless against all claims from third parties arising from the incorrect or unlawful use of StreetSmart and/or the Services. It will cover all damages such as compensations or legal costs (including reasonable lawyer’s fees) providing that Mobile School has informed the Customer as soon as reasonably possible of any claim arising from that matter.
15 Force majeure & Hardship
15.1 The following are conventionally considered as cases of force majeure or hardship: all circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are unavoidable, and create (i) the inability on the part of Mobile School to carry out the Agreement, or (ii) make the implementation of the Agreement harder or more difficult than normally anticipated (financially or otherwise). For example (but not limited to): natural disasters, war, (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organisational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors.
15.2 Cases of force majeure or hardship give Mobile School the right to either (i) temporarily suspend the performance of its obligations or (ii) terminate the Agreement by simple written notification, without either party being liable for any damages.
15.3 A situation of force majeure/hardship that continues beyond 3 months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
16 Confidentiality and non-compete
16.1 All information marked as confidential or reasonably to be considered confidential, disclosed by Mobile School to the Customer prior to entering into an Agreement as well as during the Agreement shall be treated by the Customer with the utmost secrecy.
16.2 The Customer commits itself to:
- Not use, reproduce, or allocate the confidential information, intellectual property rights or its right of access in any manner or for any other purpose than the cooperation between Mobile School and the Customer;
- Not engage in, nor authorise others to engage in, the reverse engineering, disassembly or the decompilation; and,
- Not derive any commercial benefit from the use of StreetSmart and/or the Services.
16.3 This confidentiality obligation applies during the course of the Agreement and will continue to exist for a period of 1 year starting from the termination thereof for any reason whatsoever.
16.4 Mobile School remains at any moment the sole owner of its confidential information. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the Customer any rights to or interest in the confidential information.
16.5 This confidentiality obligation shall in no event imply that we shall not be entitled to use and/or commercialise any ideas, input, feedback received from the Customer, which may serve to improve and/or expand StreetSmart.
17 Intellectual property rights
17.1 Mobile School retains any intellectual property rights in relation to its Services, including any (intellectual) property rights which result from custom development.
17.2 All registrations of the trade names/trademark Mobile School, or any other trade name/trademark that includes the name Mobile School, or under which the Services are sold, shall be made in the name of Mobile School. The Customer shall not alter, remove or tamper with the brands, trademarks, or other means of identification on the Services.
17.3 Every reference to and/or use of the logo and/or name of StreetSmart by the Customer are subject to prior written approval of Mobile School.
18 Privacy
18.1 Mobile School as controller: our collection of personal data of the (potential) Customer and/or its personnel/staff shall take place in accordance with the provisions of our Privacy Policy. In such event, we act as controller. This Privacy Policy includes information about the personal data collected by Mobile School, as well as the manner in which we use and process this personal data. The Privacy Policy can be consulted on the website. By accessing StreetSmart and entering into an Agreement with Mobile School, the Customer acknowledges to have read and accepted the Privacy Policy.
18.2 Mobile School as processor: the Customer acknowledges that – with regard to the processing of all data of the Customer and/or End-User entered and uploaded via StreetSmart – it shall act as controller and Mobile School as processor. All arrangements made between parties in this respect shall be solely governed by the Data Processing Policy (available on the website). The Customer acknowledges explicitly that by accessing StreetSmart and entering into an Agreement with Mobile School to have read and accepted the Data Processing Policy in its entirety.
19 Changes to the Terms or StreetSmart
19.1 We reserve the right to change or update the Terms and the composition of StreetSmart at any time. New or amended Terms shall apply from the 30th day after they were made known to the Customer (e.g. through a notification on StreetSmart). In the event the Customer has certain questions about the made changes, we invite you to contact us via email (info@street-smart.be) or by telephone (+32 16 20 00 85).
20 Compensation/Netting
20.1 In accordance with the stipulations of the Belgian Law on Financial Collateral dated 15 December 2004, StreetSmart and the Customer will automatically and legally compensate and offset each other for all current and future debts.
21 Miscellaneous
21.1 No waiver: the (repeated) non-enforcement of any right by Mobile School can only be regarded as tolerance with regard to a specific condition and shall not waive our right to invoke this at a later time.
21.2 Notices: any notice to be given should be sent by email (info@street-smart.be) and shall be deemed received 3 business days after the date of dispatch.
21.3 Divisibility: The invalidity of one or more clauses of the Terms (even partly), shall not affect the validity of the other clauses and/or the remainder of that clause. In such event, parties undertake to replace it by an equivalent clause and in case of no agreement, the competent court may mitigate the invalid clause to what is (legally) permitted.
21.4 Non-transfer: this Agreement and the rights and obligations ensuing from it for the Customer may not be transferred without the explicit consent of Mobile School. However, Mobile School shall have the right to transfer this Agreement and the rights and obligations ensuing from it to a third party.
22 Jurisdiction and applicable law
22.1 The present Terms as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules.
22.2 Any potential misunderstanding arising between Mobile School, the Customer and/or End-User shall first be settled by parties in an amicable way. Only in the event an understanding cannot be reached, Parties agree that all disputes shall be submitted to the exclusive jurisdiction of the competent courts of the registered office of Mobile School.
23 Language
23.1 The original language of the Terms is English. In case of any inconsistencies between the Terms and any translation, the English version will always prevail.
