Terms of sale

These terms of sale govern the commercial relationship between H&H Informatique SA, Rue Léon Morel 4, 5032 Isnes (Belgium), CBE company number 0431.238.937 (« the Editor »), and any legal entity that subscribes to the PulseTime time-tracking application (« the Client »). They complement the terms of use, which describe the use of the Service: the terms of sale cover the commercial aspect (price, payment, billing, warranties, liability).

1. Purpose

The Editor provides the Client, in SaaS mode (Software as a Service), with the PulseTime application accessible via pulsetime.be and its subdomains, as well as its associated mobile applications. The Service is offered in the form of monthly subscriptions without any term commitment.

2. Subscription

Subscription is carried out online by the Primary Administrator of the Client company, from the Account → Billing tab. It implies full acceptance of these terms of sale as well as the terms of use and the data processing agreement (DPA), provided by the Editor on request at dpo@pulsetime.be.

Before any paid subscription, the Client benefits from a 15-day free trial, with no commitment and no payment method required.

3. Plans and pricing

The plans offered are described on the Pricing page and billed per seat (active team members):

• Starter: 1 to 10 team members, €3.50 ex. VAT / team member / month
• Business: 11 to 20 team members, €3.00 ex. VAT / team member / month
• Enterprise: 21 team members and up, €2.50 ex. VAT / team member / month

All prices are shown excluding VAT. The applicable Belgian VAT is added for Clients established in Belgium. For intra-community Clients with VAT registration outside Belgium, the reverse-charge mechanism applies in line with directive 2006/112/EC.

4. Accepted payment methods

Payments are processed by Stripe Payments Europe Ltd. (Dublin, Ireland). Two payment methods are accepted:

• Credit card (Visa, Mastercard, Bancontact-converted): immediate charge on each due date.
• SEPA direct debit (mandate signed via Bancontact or direct IBAN): debit triggered on each due date, bank confirmation within 2 to 6 business days.

The payment method is registered at the time of subscription and used automatically on the following monthly due dates. The Client can update it at any time from the Account → Billing tab.

5. Billing

Subscriptions are billed monthly in advance, on the anniversary date of the subscription. An electronic PDF invoice is generated for each due date and delivered:

• by email to the billing address provided by the Client;
• via the Peppol network for Clients whose company number is referenced;
• also available from the payment history in the Account → Billing tab.

Any change in the number of seats during the month is invoiced pro rata on the following monthly invoice (Stripe proration).

6. Price changes

The Editor reserves the right to change the pricing structure with at least 30 days' notice, notified by email to the Client's Primary Administrator. In case of disagreement, the Client may terminate the subscription before the effective date of the new pricing, without penalty and without additional notice.

7. Refund policy

In accordance with article VI.53 of the Belgian Code of Economic Law applicable to B2B SaaS services, and given the immediately consumable nature of the Service, amounts already paid are not refundable, even in the event of early termination. Termination takes effect at the end of the current monthly period.

The Client retains full access to the Service until that date and can export their data during the following 30 days, free of charge.

8. Payment default and late-payment interest

If a charge fails on the due date, Stripe automatically performs several new attempts over a 7-day period. During this period, the Service remains accessible but the Primary Administrator is invited to update their payment method.

If no attempt succeeds after this period, the subscription is suspended: any modifying action in the Service is blocked until settlement. Read access to existing data and exports remain open.

Any amount due and unpaid will accrue, by operation of law and without formal notice, late-payment interest at the legal commercial rate (ECB base rate plus 8 percentage points), in line with the law of 02/08/2002 on combating late payment in commercial transactions. A fixed recovery fee of €40 may also be added, in line with article 6 of that same law.

9. Termination by the Client

The Client may terminate the subscription at any time from the Account → Billing tab, without justification and without notice. Termination takes effect at the end of the current monthly period and does not entitle to any refund (see §7).

10. Termination by the Editor

The Editor may terminate the subscription by operation of law, without compensation, in case of serious breach by the Client not corrected within 10 days following formal notice: persistent payment default, unlawful use of the Service, breach of the terms of use, security or integrity breach of the Service.

11. Data retention after termination

After termination, access to the Service is deactivated. Client data is kept for 30 days from the end of the subscription, during which the Client can request a full export at dpo@pulsetime.be. After that period, the data is deleted permanently, except for longer legal obligations (Belgian working-time register, see privacy policy).

12. Warranties

The Service is provided « as-is ». The Editor undertakes to use all reasonable means to ensure high availability, without however committing to a quantified Service Level Agreement (SLA) at this stage. No warranty of fitness for a particular purpose is granted beyond the features described on the Features page.

13. Limitation of liability

The liability of the Editor, on any grounds, is strictly limited to the amount actually paid by the Client during the 12 months preceding the event. In any case, indirect damages are excluded, in particular: loss of business, loss of revenue, loss of customers, reputational damage, loss of data or content, and any resulting non-material loss.

No provision of these terms limits the Editor's liability in case of wilful misconduct, gross negligence or bodily harm, in accordance with applicable Belgian law.

14. Force majeure

No party may be held liable for non-performance resulting from a case of force majeure as defined by Belgian case law (natural disaster, armed conflict, major outage of a telecom operator, failure of an essential sub-processor, large-scale cyber attack, decision of a public authority).

15. Changes to the Service

The Editor continuously develops the Service (fixes, new features, performance improvements). It reserves the right to add, modify or remove features without notice, provided that such changes do not substantially affect the balance of the terms of sale. In case of substantial change (removal of a major feature used by the Client), a 30-day notice is notified to the Primary Administrator, entitling them to terminate without penalty before the effective date.

16. Changes to these terms of sale

The Editor may amend these terms of sale to reflect a change in the law, in the Service or in its commercial practices. The new version is notified to the Primary Administrator and enters into force 30 days later. If the Client does not accept the changes, they may terminate without penalty before the effective date.

17. Confidentiality and data protection

The Editor acts as a processor within the meaning of the GDPR for data entered by the Client. The conditions of this processing are set out in a data processing agreement (DPA), provided on request at dpo@pulsetime.be and forming an integral part of the contract. The privacy policy governs processing for which the Editor acts as controller (site visitors, Primary Administrator, billing).

18. Governing law and jurisdiction

These terms of sale are governed by Belgian law. Any dispute relating to their interpretation or performance shall, failing an amicable settlement, be subject to the exclusive jurisdiction of the courts of the district of Namur (Belgium).

19. Acceptance

Subscription to a paid plan via the Account → Billing tab implies full acceptance of these terms of sale, the terms of use and the DPA, without reservation. The date and identity of the Primary Administrator who subscribed are recorded in the audit logs, in accordance with article 8 of the GDPR (proof of consent).

20. Contact

For any question relating to these terms, contact info@pulsetime.be.