Terms and conditions

Article 1 - Definitions The following terms, within the framework of these general terms and conditions, have the following meaning:

Advisor: any professional takeover supervisor who, from their professional activity, can act in the name and for the account of the seller, provides them with advice, and in consultation, prepares an anonymous profile that will be placed on www.overnamemarkt.be.

Company Data: data such as turnover, number of employees, region, sector, price category of the company to be acquired or sold.

File: stored databases and collected profiles accessible via the internet.

Interested Parties: all visitors to the website, including prospective buyers and Sellers.

Initiators: OvernameMarkt.be is an initiative of UNIZO / KMOnet NV.

Website: the website of OvernameMarkt is www.overnamemarkt.be

Prospective Buyer: also called 'Acquirer', the one who, as the requesting party, wishes to realize the takeover or purchase of a company, in any way whatsoever.

Seller: (i.e., the Prospective Seller) the one who, as the offering party, wishes to effect a transaction directly or through an Intermediary.

Public Data: all search elements that can be freely consulted by interested parties on the site.

OvernameMarkt: a unique point of contact on the internet that brings together prospective buyers and prospective sellers of businesses and commercial enterprises and provides them with useful and relevant information. Overnamemarkt itself is not a party to the transactions.

Personal Data: contact details such as name, address, place of residence, and telecom data of the Seller.

Professional Takeover Supervisor: Advisor or Intermediary.

Transaction: Any form of cooperation, purchase, merger, or takeover.

Intermediary: any professional takeover supervisor who is authorized by their professional activity to bring prospective buyers and prospective sellers of a company or commercial enterprise into contact with each other, with a view to concluding a transaction.

Article 2 - Applicability These general terms and conditions apply to Sellers who use Overnamemarkt directly, i.e., without using an Advisor or Intermediary. The relationships between Advisor/Intermediary and Overnamemarkt are the subject of a separate agreement, which is independent of these general terms and conditions.

Article 3 - Objective and working method for acquiring or selling The goal of OvernameMarkt is to bring together Prospective Buyers and Sellers of commercial enterprises and businesses, with a view to bringing about a transaction. This is done by recording data via an Intermediary, via an Advisor, or directly by the Seller in the File of OvernameMarkt. This data can be consulted by Prospective Buyers and Sellers, whether or not through an Intermediary.

Article 4 - Notification obligation in case of a transaction In the event a transaction such as a takeover occurs and the profile is no longer for sale, the Seller is obliged to remove the relevant company profile/advertisement from the site via "My Dashboard".

Article 5 - Data 5.1 The Seller agrees that a portion of the data is public for the proper functioning of the OvernameMarkt.

5.2 The Seller is obliged to provide all data entered on www.overnamemarkt.be correctly, completely, and truthfully. In case of non-compliance, OvernameMarkt is authorized to refuse or remove the listing.

5.3 Overnamemarkt investigates all user reports regarding unlawful, incorrect, or offensive content on www.overnamemarkt.be. If Overnamemarkt identifies such content in the context of such a report or based on its own findings, Overnamemarkt reserves the right to temporarily take this content offline. At the same time, the owner of the content is urged to adjust or remove the content. In the absence of a response to this request within a period of 3 working days, Overnamemarkt reserves the right to remove the content, without this giving rise to any form of compensation for the owner of the content, and without this releasing the owner of the content from their payment obligations towards Overnamemarkt.

Article 6 - Liability 6.1 The Seller themself is responsible for the accuracy and completeness of the data about the takeover that they publish on www.overnamemarkt.be.

6.2 OvernameMarkt cannot be held liable, except in cases of intent or gross negligence, for damage resulting from:

• the failure to make the Company Data from the File available, or not in a timely manner;
• the use of the Company Data from the File;
• the non-functioning, untimely, or poor functioning of the electronic connection, the website, and the software and hardware used;
• misuse and/or manipulation by third parties of the website or electronic connection, including the loss of data from the file, which could result in business damage, loss of profit, or any other damage.

6.3 A failure to fulfill an obligation as a result of force majeure cannot lead to the liability of the parties. 6.4 The Acquirer/Seller expressly acknowledges that the recovery of damages caused in the performance of the agreement by Overnamemarkt and/or its agents is, within legal limits, exclusively governed by contract law, even when the event that caused the damage also constitutes a tort. The Acquirer/Seller also acknowledges that the recovery of damages in such a case is limited to direct damage, and cannot relate to indirect damage such as loss of profit, loss of an opportunity, reputational damage, moral damage, etc., unless a broader recovery is required by a provision of mandatory law or public order.

Article 7 - Jurisdiction In the event of any dispute within the framework of this agreement, only the courts and tribunals of the judicial district of Brussels shall be competent.

Article 8 - Payment Conditions The payment conditions relate to the placement of Advertisements on the site. "Advertisements" means: any business, service, or building offered for sale or rent on www.overnamemarkt.be. Whoever places a takeover offer or offers a commercial building for sale pays a fee for this. Invoices must be paid online.

If the Seller advertises on www.overnamemarkt.be, they undertake to pay the costs as stated in the 'Rates' section. The fees will not be refunded to the Seller under any circumstances. The advertising space is not transferable to other users. Two weeks before the expiry of the agreement, the Seller will be informed by email of the impending expiry date and will be offered the opportunity to extend the company profile for another 3 months. The Seller can change, extend, or possibly terminate their advertisement early via the site www.overnamemarkt.be, by clicking on the title 'Manage your Company Profiles' in the 'My Dashboard' section and then selecting their choice.

Payment modalities and non-payment All invoices are payable within the stipulated payment term mentioned on the invoice. Amounts due that are not paid on their due date will automatically and without notice of default accrue interest, solely by the fact of non-payment, of one percent per month from the due date, and an additional compensation of 10% with a minimum of 40 euros. For the calculation of interest, each month started is considered a full month. In case of late payment of the invoice, OvernameMarkt may delete the Advertisements, without this releasing the Seller from payment of the invoice, to be increased with default interest and compensation as provided in this article. In case of deletion of the Advertisements by the administration of OvernameMarkt due to late payment by the Seller, the latter will remain legally and without notice of default liable for the agreed amount, to be increased with the default interest as provided in this article.

Article 9 - Intellectual Property Rights Overnamemarkt is the owner of the intellectual property rights to the platform overnamemarkt.be, and the logo and name of Overnamemarkt and KMONET. Overnamemarkt's permission to place an advertisement on www.overnamemarkt.be in no way implies a transfer of or license to these rights, nor does it give the Seller the right to use the name or logo of Overnamemarkt in any way without the express prior consent of Overnamemarkt.