These terms and conditions (“Terms”) govern your access to and use of the platform HONECTION and are between you (as a User) and Honection BV, with registered office at Boomgaard 10, 1702 DILBEEK, company registration number (KBO/BCE) 1015.583.070. By indicating acceptance to these Terms, you are agreeing to be bound by these Terms, without any reservation. These Terms apply to any use of the Platform and to all Negotiations conducted through the Platform.

 

The rights provided under these Terms are granted to the User only and shall not be considered granted to any other person.

 

By agreeing to these Terms, you agree that your profile on HONECTION will be visible to all other Users. 

The processing of personal data provided by the Users to HONNECTION will be done in accordance with the applicable privacy legislation and the Privacy Policy, accessible on the Platform.

 

For further questions regarding these terms and conditions, you can always contact us at hello@honection.be

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ARTICLE 1. DEFINTIONS 

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1. Platform: the online platform HONECTION, operated by HONECTION BV, with registered office at Boomgaard 10, 1702 DILBEEK and company registration number (KBO/BCE) 1015.583.070. 
    

2. Individual User: Any natural person who is a professional football player, professional trainer or agent that has complied with all relevant registration formalities with the FIFA and/or Royal Belgian Football Association (KBVB/URBSFA), and any legal entity under his/her control, who has registered on the Platform by creating a Profile.
    

3. Club: Any legally constituted entity, typically organized as a commercial company under the Belgian Code of Companies and Associations (such as an NV/SA or BV/SRL), that is officially recognized and licensed by the Royal Belgian Football Association (KBVB/URBSFA) to participate in professional football competitions and engages in the organized acquisition, transfer, registration, and potential sale of football players under the regulations established by the KBVB/URBSFA, FIFA, and other relevant football governing bodies.
    

4. Users: the users of the Platform in general, including Individual Users and Clubs. 
    

5. Profile: the personal account the Individual User or Club has created on the Platform by registration 
    

6. Negotiations: the negotiations and contact between Users via the Platform for the purpose of concluding an Agreement. 
    

7. Agreement: Any binding agreement reached between Users as a result of Negotiations or contact through the Platform.
    

8. Commission: The fee to which the Platform is entitled in case of a concluded Agreement.

 

ARTICLE 2. THE SERVICES 

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1. HONECTION is an online information and negotiation platform (“the Platform”) where football players, representatives of clubs, agents, trainers and/or their legal advisors (“the Users”) can interact and negotiate with the aim of concluding an employment/transfer agreement. 
    

2. Subject to these Terms and related documents between the User and HONECTION, HONECTION grants a non-exclusive right to each User to access and use the Platform solely for entering into Negotiations and Agreements with other Users.
    

3. As the provider of the Platform, HONECTION does not operate as a representative or intermediary in these interactions and/or Negotiations. It is not a party to the Agreements or contracts entered into directly between Users and is not an agent or broker nor does it perform any intermediary activity. 
    

4. HONECTION is in no way involved in any of the discussions between the Users nor in any of the transactions that have occurred on or as a consequence of the Platform. HONECTION therefore shall not be liable for any dispute arising out or in connection with any transaction that has occurred on or as a consequence of the Platform.
    

5. The User acknowledges that HONECTION provides no guarantee as to any outcome/success in respect of the use of the Platform. HONECTION for example cannot guarantee the fulfilment of arrangements by another party. 
    

6. HONECTION reserves the right to change the availability of features on the Platform and to modify or discontinue providing services through the Platform, at any time and without notice, at its sole discretion.

 

ARTICLE 3. REGISTRATION

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1. In order to use the Platform, the User must registrate and create a Profile. The User guarantees that all information provided is accurate, current and complete. The User represents and warrants that:

   • He/she is legally qualified to enter into a binding contract with HONECTION, either in its own name or in the name and on behalf of the individual or entity he/she is legally representing;

   • Any and all registration information submitted by the User is truthful and accurate;

   • He/she will maintain the accuracy of such information;

   • The information included on its Profile is relevant to the Negotiations and intended use of the Platform; 

   • His/her Profile does not infringe upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

   • He/she has all necessary rights and authority to submit the information requested to create a Profile;

   • His/her use of the Platform does not infringe with applicable law, regulation or obligation he/she may have to a third party; and

   • He/she does not have more than one account on the Platform;
      

2. We make the Platform available to Individual Users who are 18 years of age or older. If you are aged between 16 and 17, you confirm that you have the permission and consent of a parent or legal guardian before utilizing the Platform. In cases where you are under 16, or if such usage is prohibited by law, you may not create a Profile or use the Services. By applying for a Profile and using the Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you may not access or use the Platform or apply for a Profile. HONECTION may refuse to open a Profile for any User at its sole discretion.
    

3. Each User is solely responsible for its Profile and all information provided therein. Only the User itself will have access to its Profile. The information displayed on the Profile can only be completed and/or modified by the User itself. Neither HONECTION nor third parties have the possibility to adjust and/or modify this information. Notwithstanding the foregoing, HONECTION reserves the right to remove any User from the Platform and deny further use in the event of a breach of these Terms.
    

4. Each User is responsible for the confidentiality of his/her login details and is liable for all use made of his/her Profile. The User shall promptly disable access to the Platform if he/she believes that his/her Profile has been compromised or stolen, and the User shall notify HONECTION thereof, and in the event of any unauthorised access to, or use of, the User’s Profile. HONECTION will not be liable for any losses or damage arising from unauthorized use of a Profile or password, and each User agrees to indemnify and hold HONECTION harmless for any unauthorized, improper or illegal use of his/her Profile and any charges and taxes incurred, unless the User has notified HONECTION via e-mail at hello@honection .be. HONECTION may suspend a Profile if it suspects that such Profile has been compromised.
    

5. Subject to these terms and conditions, the User has an exclusive, non-transferable right to use the Platform solely for the User’s own personal purposes. The User acknowledges and agrees that they shall not permit anyone else to access and use their Profile. 
    

6. Registration to the Platform is free of charge. HONECTION reserves itself the right to make the subscription subject to a fee. The User will be notified in advance thereof. In this case, the User will have the option to discontinue his/her registration without any costs. 
    

7. Only the Users who are subscribed to the Platform shall have access to and use the Platform. No Features of the platform are available to third parties who are not subscribed.

 

ARTICLE 4. OBLIGATIONS FOR A CLUB UPON CONCLUSION OF AN AGREEMENT  

 

1. As soon as (1) a Club contacts a User on the Platform or enters into a conversation with such User on the Platform (through a chatroom or otherwise), and (2) subsequently an Agreement (employment and/or transfer agreement) is concluded between those parties, HONECTION shall be entitled to a fixed fee of €5,000.00 (five thousand euros) excl. VAT (if applicable) (the “Commission”), and the Club undertakes to pay such Commission to HONECTION pursuant to these Terms.
    

2. The Commission shall be due regardless whether the Agreement is signed through the Platform or otherwise, or whether Negotiations were conducted on or outside the Platform, provided that the initial contact or Negotiations between the parties were facilitated by the Platform. Thus, the Club’s payment obligation arises as soon as an Agreement is concluded following an initial contact with a User through the Platform and this first contact eventually results in an Agreement. 
    

3. This obligation on behalf of the Club to pay the Commission remains even if the Club terminates its registration on the Platform before entering into the Agreement.
    

4. All Users involved in the Agreement are jointly responsible for notifying HONECTION of the conclusion of the Agreement in the event the Agreement is concluded outside of the Platform. The notification to HONECTION should be made within 7 days of the conclusion of the relevant Agreement by sending an email to [hello@honection.be].
    

5. After notification of the Agreement, HONECTION will send an invoice to the Club. The payment must be made within 14 days after receipt of the invoice from HONECTION. The invoice will be sent within a month of notification of the Agreement based on the information provided by the Club.
    

6. If a User does not report the conclusion of an Agreement within 7 days of its conclusion, an additional lump sum penalty fee of €5,000.00 (five thousand euros) excl. VAT (if applicable) shall be payable by the Club that initiated the first contact with the other User, in addition to the Commission stipulated in the preceding terms. HONECTION reserves the right to claim the Commission and lump sum fee in addition to any other costs, such as administrative costs and statutory interest. 

 

ARTICLE 5. HONECTION’S OBLIGATIONS 

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1. HONECTION will make all reasonable efforts to make the Platform available to Users 24 hours a day, seven days a week. From time to time, however, the Platform may be unavailable for periods of time for maintenance and / or modifications to the Platform. HONECTION will endeavor to keep maintenance down time as brief as possible. However, HONECTION cannot guarantee that the Platform will be available to the Users, and we will not be liable to the Users for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of their use of the Platform.
    

2. HONECTION shall not be responsible for any non-conformance of the Platform caused by use of the Platform contrary to the instructions, or modification or alteration of the Platform by any party other than HONECTION. In case of non-conformance, HONECTION will use all reasonable endeavours to correct any such non-conformance promptly. Such endeavours to make a correction or substitution constitutes the sole and exclusive remedy. 

 

ARTICLE 6. INDIVIDUAL USER’S OBLIGATIONS 

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1. The Individual User acknowledges that he/she is solely responsible for the lawfulness and compliance of their use of the Platform, and warrants at all times that their use of the Platform adheres to all laws and regulations applicable (including any data protection and privacy laws) and the contractual obligations the Individual User has towards third parties or towards other Users during or as a result of possible Negotiations. This responsibility lies solely with the Individual User. HONECTION cannot be held responsible for any breach of law or contractual obligations by Users.
    

2. The Individual User shall not: (i) access all or any part of the Platform in order to build a product or service which competes with the Platform; (ii) or use the Platform to provide services to third parties; or (iii) attempt to obtain, or assist third parties in obtaining, access to the Platform, other than as provided under these Terms. 
    

3. The Individual User shall use all reasonable endeavours to prevent any unauthorised access to, or use of the Platform. In the event of any such unauthorised access or use, the Individual User shall notify HONECTION.

 

ARTICLE 7. INTELLECTUAL PROPERTY RIGHTS  

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1. Except for the date submitted by the User, all intellectual property rights relating to the Platform and any APIs, interfaces, features and functionalities thereof, including the software, designs, texts, images and logos, belong exclusively to HONECTION or its licensors.
    

2. The User may not copy, reproduce, modify, distribute, publish, download, transmit or otherwise exploit any part of the Platform without the prior written consent of HONECTION.
    

3. By posting information or content on the Platform, the User grants to HONECTION a non-exclusive, royalty-free, worldwide and transferable licence to use, reproduce, distribute and disclose such information or content to the extent necessary for the operation of the Platform.
    

4. The Users have no right to use the word HONECTION nor the logo without the prior written consent. 

 

ARTICLE 8. DATA PROTECTION

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The User acknowledges and agrees that HONECTION may collect and process his/her personal data in connection with his/her use of the Platform. HONECTION undertakes to ensure compliance with all applicable data protection laws and regulations, including but not limited to the European General Data Protection Regulation, and any other relevant legislation or regulation governing the processing of personal data. All rights and obligations of Users with respect to the processing of personal data pursuant to these Terms shall be governed by HONECTION’s privacy policy, à copy of which can be accessed through the following link: [PLEASE INSERT LINK TO PRIVACY POLICY].

 

ARTICLE 9. TERMINATION AND SURVIVAL

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1. HONECTION may terminate or suspend a User Profile and bar access to the Platform immediately, without prior notice or liability to the User, in HONECTION’s sole discretion, for any reason whatsoever. Grounds for such termination or suspension may include: (i) extended periods of inactivity; (ii) breach of these Terms; (iii) fraudulent, harassing, or abusive behaviour; (iv) behaviour that is illegal or harmful to other Users, third parties or business interests of HONECTION; (iv) failure to make payment in accordance with the terms hereof. If a Profile is terminated, the User may not rejoin the Platform again without our written permission. Upon termination of the User’s Profile, he/she shall not have any further access to any content that may be available through his/her Profile.
    

2. A User may request the termination and deletion of his/her Profile at any time by contacting HONECTION via email at hello@honection.be. Following such a request, HONECTION shall close the User’s account and delete the corresponding Profile as soon as reasonably practicable.
    

3. Any suspension, cancellation or termination of a Profile shall not affect such User’s obligations under these Terms which by their nature are intended to survive such suspension, cancellation or termination, including, without limitation, Article 4 (“Obligations of a Club upon conclusion of an Agreement”), Article 7 (“Intellectual Property rights”), Article 10 (“Confidentiality”), Article 11 (“Indemnity”), Article 12 (“Liability”) and Article 12 (“Final Provisions”).

 

ARTICLE 10. CONFIDENTIALITY 

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1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms. A party's Confidential Information shall not be deemed to include information that:  (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party's lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body, including football governing bodies such as the Royal Belgian Football Association (KBVB/URBSFA), the Union of European Football Associations (UEFA) and the Fédération Internationale de Football Association (FIFA) (together hereinafter: the “Football Governing Bodies”).
    

2. Except as specified in these Terms, each party shall hold the other's Confidential Information in confidence and, unless required by law (including regulations of Football Governing Bodies), not make the other's Confidential Information available to any third party, or use the other's Confidential Information, for any purpose other than the use and provision of the HONECTION service and otherwise in accordance with these Terms.
    

3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these Terms.
    

4. HONECTION shall not be responsible for any loss, destruction, alteration or disclosure of the User’s Confidential Information caused by any third party.
    

5. The Users acknowledges that all the data, including the data submitted by other Users is confidential to the User submitting such data. All data obtained on the Platform may therefore only be used by the Users for the purposes of using the Platform.
    

6. The Users acknowledges that by submitting data, it is authorising HONECTION to use it for the purposes of providing the Platform to the Users. Private messages sent or received by the Users are considered as Confidential Information of the User. 
    

7. The Users acknowledges that HONECTION may disclose any information it holds as may be required by regulations of Football Governing Bodies and/or pursuant to any request by any international or national association, governing body, competition or such other body or organisation. 

 

ARTICLE 11. INDEMNITY 

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1.  The User shall indemnify, defend and hold harmless HONECTION and its directors and shareholders from and against any and all losses, damages, liabilities, , claims, actions, costs, or expenses of whatever kind (including but not limited to court costs and reasonable legal fees), arising out or in connection with (i) the User’s use of the Platform (including violations of rules and laws relevant to football; inducement of a breach of contract; a breach of contract; …), (ii) actions taken by HONECTION at the User’s direct request, (iii) the way HONECTION obtains, uses, processes or discloses the data of the User in accordance with these Terms (this may include, for example, claims relating to privacy or data protection) (iv) and any other claims by a third party. 

 

ARTICLE 12. LIABLITY 

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1. The Platform is provided “as is” and without warranties of any kind, express or implied, including but not limited to warranties regarding the fitness for a particular purpose, the accuracy of the information or the uninterrupted and error-free operation of the Platform.
    

2. HONECTION shall not be liable for any damages arising from or related to the use of the Platform, the Negotiations between Users or the conclusion or performance of any Agreement concluded through or as in connection with the Platform. 
    

3. In particular – not limited - HONECTION is not liable for: (i) the content of the Negotiations and Agreements concluded between Users, (ii) the behaviour of Users on the Platform, (iii) the legality of the subjects of the Agreement. 
    

4. The User is fully and solely responsible for his/her use of the Platform, the results derived therefrom, and the consequences deriving from it. HONECTION is not liable for damages caused by errors or omissions in information obtained by the User through the Platform, nor for the outcomes of the User’s use of the Platform.
    

5. HONECTION shall not be liable, regardless of the legal basis (including tort, breach of contract, misrepresentation or otherwise), for: (i) loss of profits, (ii) loss of business opportunities, (iii) diminution of goodwill or similar losses, (iv) loss or corruption of data or information, (v) pure economic loss, or (vi) special, indirect or consequential damages, costs or expenses arising in any way under these Terms.
    

6. The liability of HONECTION is in any case limited to 5.000 euro.

 

ARTICLE 13. FORCE MAJEURE 

 

1. HONECTION shall not be liable for any failure or delay in the performance of its obligations under these Terms, or in the carrying on of its business, caused by events beyond its reasonable control. These events include, but are not limited to, strikes, industrial actions (such as strikes, whether involving the workforce of HONECTION or any other party), utility or network failures, acts of God, war, civil unrest, legal compliance, football governing body decisions, accidents, equipment breakdowns, natural disasters, and supplier defaults, provided that the User is informed of the event and its anticipated duration

 

ARTICLE 14. FINAL PROVISIONS  

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1. Entire agreement. These terms and any other document referred to in it, constitutes the entire agreement between the parties and supersede all prior agreements, arrangements or understandings between the parties with respect to its subject. 
    

2. Severability. If any provision (or part of a provision) of these Terms is held to be invalid, unenforceable or illegal for any reason, the other provisions of these Terms shall remain in full force and effect. The invalid, unenforceable or illegal provision shall be modified or replaced by a substitutive provision that achieves to the fullest extent possible the same commercial intent of the parties.  
    

3. Assignment. The User is entitled, without the prior written consent of HONECTION, to assign, transfer, charge, sub-contract, or otherwise dispose of all or any of their rights or obligations under these Terms. HONECTION, on the other hand, shall be entitled at any time to assign, transfer, charge, sub-contract, or otherwise dispose of all or any of its rights or obligations under these Terms (for example - but not exhaustively - in the event of a reorganisation, merger or acquisition). 
    

4. Amendment. HONECTION reserves itself the right to amend these Terms or to stipulate new terms and conditions. Such amendments and additions shall become effective immediately upon notification to the User, which notification may be provided through electronic mail or through the Platform itself. Continued use of the Platform after the publication of the amended terms will constitute acceptance of these changes.
    

5. No partnership or agency. These Terms are not intended to, nor shall they operate to, create a partnership between the Parties, nor shall they authorize either Party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any manner whatsoever. 
    

6. Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the subsequent exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the subsequent exercise of that or any other right or remedy. A waiver of any breach of this agreement shall be valid only if made in writing and, in any event, shall not be construed as a waiver of any other prior or subsequent breach.

 

ARTICLE 15. GOVERNING LAW AND JURISDICTION 

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1. This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Belgium Law.
    

2. The courts of Brussels have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).