General terms and conditions of use – eDock


In this Agreement, the following words and expressions shall have the following meanings:

“Agreement” means the underlying terms of service together with the Purchase Order and supporting documents specifically referring to these underlying terms of service and the Purchase Order and/or SOW.

“Authorised Users” means natural persons or legal entities, which may include employees, agents and independent contractors of the Customer who are authorised to access and use the Platform Service within the scope of this Agreement.

“Customer” means the legal entity specified in the Order Form or, as the case may be, SOW.

“Customer Data” means all graphics, photographs, videos, texts, files and other data or information of the Customer or its partners that are used, stored, uploaded or downloaded via the Platform Services.

“Documentation” means all manuals, instructions, specifications and other documents and materials that eDock may make available during the term of the Agreement to the Customer, and which may change from time to time in any medium, describing the functionality, components, features or requirements of the Platform product and service. This documentation is provided “as is”. eDock makes no warranty as to the completeness or accuracy of this documentation.

“Force Majeure” means an event, or series of related events, beyond the reasonable control of the Affected Party (including outages of the Internet, underlying hosting and platform service providers, or any public telecommunications network, hacker attacks, denial of service attacks, viruses or other malware attacks or infections, power failures, third party disputes, changes in law, disaster explosions, fires, floods, pandemics, riots, terrorist attacks and wars).

“Order Form” means the document containing the specific conditions. This Order Form forms an integral part of the Contract.

“Party” means the Customer and/or eDock

“Platform” means the modules of the eDock Manager that are described in the Order Form and that are delivered as part of the Platform Services.

“The Product” means the parking and charging station, depending on the model chosen, designed, produced and operated by eDock as agreed in the Purchase Order.

“Platform Service(s)” means the online access, availability and use of the Platform and, if agreed in the Order Form.

“API” means the eDock API configurator which may be made available to the Customer to the extent agreed in the relevant Purchase Order.

“Professional Services” means the professional services that eDock may provide pursuant to the Purchase Order, such as, but not limited to, installation and configuration.

“Services” means all services provided under this Agreement, including Platform Services and Professional Services.

“SOW” means Scope of Work, a statement of work as defined in clause 3 (Professional Services).



2.1. eDock is only bound by this Agreement after its written acceptance of the Purchase Order or, if applicable, the acceptance of the SOW by the Customer. Acceptance of the fact that eDock starts to execute the Agreement shall be sufficient proof of the fact that the Customer accepts the Agreement in its entirety and authorises eDock to invoice the Services.

2.2. Subject to compliance by the Customer and its Authorised Users with the terms of this Agreement, eDock will provide the Platform Services to the Customer. These Services shall be in material compliance with the specifications set out in the Documentation and/or the offer description annex.

2.3 In addition to the Platform Services, the Parties may agree that eDock performs Professional Services. These Services will be performed in accordance with clause 3 (Professional Services).

2.4. eDock will perform the Services in a professional manner, using all reasonable skill and care. These Services shall be performed by an appropriate number of competent, qualified and experienced personnel. Unless otherwise specified in this Agreement, the Services are delivered “as is” and eDock does not warrant that, given the current state of the art, Customer’s use of the Platform Services will be uninterrupted, or that the eDock Platform Services Documentation will meet Customer’s requirements, be compatible or work with any other equipment, services or technology not included in the Documentation, or be free of harmful code or error.

2.5. eDock will maintain and support the Platform Service in accordance with the provisions set out in the Service Description Schedule.


3.1 Statements of Work (SOW). If Client orders Professional Services from eDock, the Parties shall execute either a separate Statement of Work (“SOW”) or a separate Purchase Order. If the Parties execute a SOW, such document will describe (i) the scope of the Professional Services to be provided by eDock, (ii) the related obligations of the Client, (iii) the place of delivery and (iv) the related fees, (v) an estimated schedule or project plan, (vi) an acceptance procedure. Each SOW performed by the Parties shall refer to and be subject to these Terms of Service and may contain additional terms and conditions.

3.2.  Deliverables. All reports, materials, Documentation or other deliverables provided by eDock to Client as part of the Professional Services are “deliverables”. Notwithstanding the foregoing, the Platform or any underlying technology shall not be considered a Deliverable. eDock grants Customer a perpetual, worldwide, non-exclusive, non-transferable, non-publishing license to use the Deliverables for Customer’s normal business purposes in connection with the Platform Services. Unless otherwise specified in the SOW, all Deliverables shall be deemed accepted if not objected to within ten (10) days of the Deliverable being made available to the Customer.

3.3 Change Orders . Any change to the scope of a SOW must be made in writing and signed by both parties (“Change Order”). Each Change Order must contain full details of the adjustment. Each mutually signed Change Order shall be incorporated herein by this reference and subject to these Terms of Service.


3.4.  Expenses. If Customer requests that eDock provide certain Professional Services at a location designated by Customer (e.g., on-site), Customer will reimburse eDock for eDock’s actual and reasonable travel expenses that have been pre-approved by Customer.


4.1. Subject to compliance by the Customer and its Authorised Users with the terms of service of this Agreement, the Customer, directly or through and by its Authorised Users, shall be entitled to:

(a) access and use the Platform Services and Documentation, including in operation with other software, hardware, networks and services for the Customer’s normal business purposes (including its use to sell Customer products to its B2B and B2C customers);

(b) generate, print, copy, download, upload, store and otherwise process all visual, digital and other output, displays and content that may result from any access to or use of the Platform Service in accordance with the terms of the Agreement and in a format accepted by the Platform underlying the Platform Services;


4.2. Unless otherwise specified in the Order Form, the Platform Service shall only be made available in a production environment. The Platform Service contains a set of standard configurations and the parties agree that the Platform can only be configured in these standard configurations.

4.3. The Customer is responsible for the compliance of its Authorised Users with the terms of this Agreement. Customer’s access to the Platform Service may be limited to a number of Authorised Users specified in the Order Form. Furthermore, the Customer is responsible for the use of the Platform Service by its end customers.

4.4. The Customer agrees that it will not receive software but will have the right to remotely access the Platform for the purpose of obtaining the Platform Service.

4.5. Customer agrees and warrants that neither it nor its Authorised Users will:

(a) to the extent permitted by applicable law, (attempt to) copy, modify, duplicate, create derivative works from, frame, mirror, republish, upload, post, transmit or distribute all or any part of the Platform Services and/or Documentation (as applicable) in any form or medium or by any means, except as expressly permitted by this Agreement; or

(b) except to the extent that such restriction is prohibited under applicable law (attempt to) compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or part of the Platform Services (including the underlying Platform); or

to fulfil its obligations under this Agreement. The Customer is responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property or right of use of the Customer’s data. The Customer shall indemnify eDock for all claims and damages resulting from a breach of this clause.

(c) sell, rent, lease, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise use the Platform Services, except as expressly permitted by 6.1. of this Agreement.

4.6. In addition to the foregoing, Customer and its Authorised Users may not, directly or indirectly:

(a) circumvent or breach any security or 6.2. protection features used for or contained within the Platform Service; or 

(b) except to the extent that such restriction is prohibited under applicable law (attempt to) compile, disassemble, reverse engineer or otherwise reduce to a human-perceivable form any part of the Platform Services; or

(c) sell, rent, lease, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise use the Platform Services except as expressly permitted by this Agreement. 

4.7. If the Customer becomes aware of a breach of this clause 4 (Access, Use and Restrictions), the Customer must inform eDock as soon as possible



5.1. The Customer retains exclusive ownership and/or rights of use of all Customer Data. The Customer grants all rights and permissions in and to the Customer Data that are necessary or useful to eDock


6.1 The Customer shall provide eDock with all necessary information, documentation and co-operation as reasonably requested in order for eDock to fulfil its obligations under this Agreement

6.2 In addition to the other obligations set out in this Agreement, the Customer shall:

(a) use the Platform Services only in accordance with the terms of this Agreement;

(b) use the Platform Services only in accordance with the laws and regulations applicable to Customer. 

(c) ensure that its hardware, software, network connectivity and systems comply with the relevant specifications set out in the documentation; 

(d) be responsible for acquiring and maintaining its network connections and telecommunications links between its systems and the Platform Service

(e) take the necessary precautions to prevent the introduction and proliferation of a virus in the Platform Service. 


6.3 The Customer accepts that the Platform Services are only a tool to connect the Customer with its B2B and B2C customers and, where applicable, to enable the Customer to provide support to its users.

6.4. The Customer is responsible for its authorised users and its B2B and B2C customers. The Customer shall defend, hold harmless and indemnify eDock and its subcontractors against all claims of its authorised users and/or B2B and B2C customers resulting from the use of the platform services.


7.1. During the course of this Agreement, Customer will provide, and eDock may solicit, feedback from Customer regarding the Services, including, without limitation, comments or suggestions regarding the usability, potential creation, modification, correction, improvement or optimization of the Services based on Customer’s evaluation and testing of the performance and functionality of the Platform Services (collectively “Feedback”).

7.2.  The manner and frequency of Customer Feedback shall be agreed between the Parties.

7.3.  To the extent that the Comments do not contain any confidential information of the Customer, the Customer grants eDock a worldwide, non-exclusive, perpetual, irrevocable and fully paid right to: (i) make, use, copy, modify and create derivative works of the Comments for the sole purpose of improving or modifying the Services and (ii) sublicense the foregoing rights to third parties, including, without limitation, the right to sublicense to other third parties. It is understood, however, that eDock will never disclose the origin of the Feedback to any third party, and no attribution to the Client (or Borrower) will be given for the Feedback provided.


    8.1.  All property rights, intellectual property rights and other proprietary rights in the Platform Service, the Application and the Documentation, including any modifications or additions thereto, belong to eDock, third party partners and/or open source software. This Agreement does not transfer any intellectual property rights to the Customer.

8.2.  Subject to the terms hereof, eDock shall indemnify and hold Customer harmless from any action, claim or proceeding brought or prosecuted by any person alleging that Customer’s use of the Platform infringes such person’s intellectual property or other property rights. or related rights (hereinafter a “Claim of Infringement”).

8.3.  The indemnity of eDock is conditioned as follows:

(a) Customer shall immediately notify eDock in writing of any such Infringement Claim or any notice preceding such action upon becoming aware thereof and shall give eDock full and exclusive authority, information and assistance in the defense and settlement of such claim

(b) If an Infringement Claim has been proven by a court decision, Customer agrees to allow eDock, at its option and expense, to either (a) secure the right to continue to use the item, or (b) using reasonable efforts and at reasonable cost, replace or modify the item to make it valid or non-appropriable, provided that such replacement or modification does not degrade the performance or quality of the affected component of the Platform. If neither (a) nor (b) can be accomplished by eDock using reasonable efforts and at reasonable cost, it agrees to remove the item from the Platform, in which case the fees will be adjusted fairly to reflect such removal.

8.4. Only in the event that the above-mentioned clause 8.3(b) proves impossible, eDock, in addition to the steps that may be taken in accordance with clause 8.3(b), shall be liable for damages that the Customer is required to pay as a result of a final court decision or as part of a settlement agreement (which must be approved in advance by eDock where such a settlement agreement is entered into between the Customer and a third party)



9.1. Unless otherwise agreed between the Parties, the charges for the provision of the Goods and Services are set out in the Purchase Order. All charges are exclusive of VAT and similar taxes. All costs are in euros.

9.2. eDock shall be entitled to index the Service Fee annually in January.

In the event that the Services are provided in Belgium, the indexation shall be based on the following formula

P1 = P0 * S1 / S0

P1 = the adjusted price; P0 = the price of the year; S1 = the Agoria wage index of the month of October preceding year n; S0 = the Agoria wage index of the month of January preceding year n-1; Year n = the contract year for which the price adjustment will be applicable; Year n-1 = the contract year preceding year n

In case the Services are provided outside Belgium, the indexation will be based on the Belgian consumer price index of the month preceding the indexation.

9.3. The fees for the Services will be charged as indicated in the Purchase Order.

9.4. Unless otherwise agreed in the Purchase Order, invoices are payable thirty (30) calendar days after the invoice date. Failure to dispute an invoice in writing within fifteen (15) business days after it is sent shall constitute irrevocable acceptance of such invoice and the Services referred to therein. eDock shall send all invoices from Customer electronically and Customer shall be deemed to have received the invoice on the next business day after transmission by eDock, unless eDock receives an automated return or response indicating that the e-mail has not been successfully delivered.

9.5. If the Customer disputes an amount charged in good faith, the Customer shall: (i) notify eDock within the period specified in clause 9.4, (ii) pay the balance of the undisputed invoice by the due date; and (iii) pay the balance and interest as specified in clause 9.6 on the amounts found or accepted to be due within fifteen (15) days

9.6. If the Customer fails to make any payment due to eDock under this Agreement by the due date for payment (and such invoices are not disputed), eDock shall automatically and without reminder be entitled to a conventional late payment interest charge equal to one (1) percent per commenced month (or, if not permitted by law, the highest rate permitted by such law). eDock may charge a fixed amount of damages equal to 10% of the amount outstanding and due with a minimum of 100 euros.

9.7. The Customer does not have the right to suspend any payment without the agreement of both parties


10.1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose confidential and/or proprietary material relating to the Disclosing Party’s business (hereinafter referred to as “Confidential Information” of the Disclosing Party). Such information includes, but is not limited to, information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers and prices, as well as information in respect of which the Disclosing Party has contractual or other confidentiality, obligations, and/or which the Receiving Party knows or ought reasonably to know the Disclosing Party regards as confidential or proprietary.

10.2. The term “Confidential Information” does not include any information that: (i) is or becomes generally available to the public (other than by reason of its disclosure by the Receiving Party in breach of this clause), (ii) was available to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party, (iii) was, is or becomes available to the Receiving Party on a non-confidential basis from a person who, to the knowledge of the Receiving Party, is not bound by a confidentiality agreement with the Disclosing Party or otherwise prohibited from disclosing the information provided to the Receiving Party, (iv) was known to the Receiving Party before the information was disclosed to it by the Disclosing Party, (v) is agreed in writing by the Parties to be non-confidential or discoverable; or (vi) is developed by or for the receiving Party independently of the information disclosed by the disclosing Party.

10.3 A Party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other competent jurisdictional authority provided that, to the extent it is legally permitted to do so, it gives the other Party as much advance notice as possible of the disclosure.

10.4 Each Party hereby undertakes to:

(a) keep the Confidential Information secret and not disclose it, in whole or in part, to any person other than (i) with the prior written consent of the disclosing Party or (ii) its employees, directors, subcontractors and consultants who have a direct need to know such Confidential Information for the sole purpose of complying with their obligations under this Agreement. The Receiving Party shall ensure that such persons are bound by obligations of confidentiality no less stringent than those set out in this Agreement.

(b) to use the Confidential Information only in connection with this Agreement and to refrain from using such Confidential Information in any manner that would be detrimental to the disclosing Party; and

(c) use the same degree of care and means as it uses to protect its own information of a similar nature, but in any event no less than reasonable care and means, to ensure the confidentiality of such Confidential Information and to prevent any third party from using or having access to the Confidential Information;

10.5.  Notwithstanding any other provision of this Agreement, eDock shall have the right to collect and analyse data and other information relating to the use and performance of various aspects of the Services, including but not limited to Customer Data. eDock shall be free to (a) use such information and data during and after the term hereof to improve and optimize the Platform Services and for other development, diagnostic and remedial purposes in connection with the Platform Services and other eDock offerings, and (b) disclose such data in the aggregate provided that such information does not directly or indirectly identify Customer’s confidential information or Customer Data.

10.6.  The provision of this clause10 shall survive the expiration or termination of this Agreement for a period of five (5) years.


11.1. In performing its obligations under this Agreement, eDock may be required to process personal data on behalf of the Customer in accordance with Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 /EC (General Data Protection Regulation). The Customer shall ensure that the personal data it provides or discloses to eDock has been obtained fairly and lawfully and that it has, to the extent necessary, obtained all necessary approvals from the persons whose personal data is processed. The Customer shall not provide eDock with access to sensitive personal data that imposes specific data security obligations for the processing of such data, unless agreed in writing between the Parties.

11.2. When processing personal data, the rights and obligations of the Parties are defined in the Data Processing Schedule. These rights and obligations form an integral part of this Agreement.



12.1. Neither Party shall limit its liability (i) for wilful misconduct or fraud, (ii) for death or personal injury, (iii) which cannot be excluded or limited under applicable law or (iv) for damages resulting from a breach of clause 4.

12.2. Subject to clause12.1, eDock shall only be liable for direct damages and eDock’s total aggregate liability, whether in tort or arising out of or in connection with this Agreement, shall be limited per Contract Year to one hundred percent (100%) of the aggregate Fees paid and payable under the Agreement in that Contract Year.

12.3. Subject to clause12.1, eDock shall not be liable for consequential damages, such as, but not limited to, loss of profits, loss of goodwill, loss of revenue, loss of anticipated savings, loss of opportunity and cost of providing products, services or technology. In addition, eDock will not be liable for losses resulting from decisions made on the basis of data generated via the Platform Services.

12.4. Subject to clause 12.1, eDock will not be liable for indirect damage to the infrastructure provided, such as vandalism, or direct damage, such as theft by break-in. The eDock infrastructure is designed to delay the theft of bicycles and scooters as long as possible but cannot guarantee tamper-proof security.


Unless otherwise agreed between the Parties in the Purchase Order, this Contract is entered into and shall be effective for a period of 3 years from the date of signature of the Purchase Order.

13.1. Unless otherwise agreed between the Parties in the Purchase Order, the term of this Agreement shall automatically extend for a period of twelve (12) months (“Extended Term”) at the end of the Initial Term and at the end of each Extended Term, unless either Party gives written notice to the other Party, no later than three (3) months prior to the end of the Initial Term or the Extended Term concerned, of the termination of this Agreement at the end of the Initial Term or the Extended Term concerned, as the case may be.


14.1 Without prejudice to that Party’s right to claim damages, either Party shall have the right to terminate this Agreement immediately upon written notice to the other Party:

if the non-terminating Party commits a material breach of the Contract and has failed to remedy such breach within thirty (30) days of a written request by the notifying Party. The extension of the cure period shall not, however, be unreasonably withheld if the non-terminating Party has commenced and continues to cure in a fair and reasonable manner;

if the other Party files for bankruptcy, receives an involuntary petition in bankruptcy that is not contested within ninety (90) days, becomes insolvent or has a substantial portion of its assets confiscated.

14.2. In addition to the foregoing, eDock shall have the right to terminate the Agreement in the event of non-payment of fees for two (2) months after they become due.


15.1. The expiry or termination of this Agreement for any reason shall not affect any accrued rights, remedies, obligations or liabilities of the Parties existing at the time of termination, including the right to claim damages for any breach of the Agreement existing at or prior to the time of termination or expiry.

15.2. Upon termination or expiry of the Contract for any reason, and unless otherwise agreed between the Parties:

Subject to clause 15.2, all user rights of the Customer and Authorised Users in respect of the Platform Services granted under this Agreement shall immediately terminate;

The Customer shall pay all fees due or to become due until termination or expiry

For a period of up to sixty (60) days after termination or expiry of the Agreement, the Customer shall be permitted to access the Platform. Alternatively, at the Customer’s request, eDock will provide the Customer with the Customer Data in the format agreed between the Parties. eDock shall be entitled to charge the Customer for the time spent according to its then applicable standard rates.



16.1. eDock may suspend the Platform Services if (i) fees are not paid within one (1) month after they are due, (ii) eDock becomes aware of what it deems to be credible evidence that the Customer and/or the authorised user is using the Platform Services in breach of any applicable law, (iii) the Customer’s and/or Authorised User’s use of the Platform Services is in breach of this Agreement or interferes with the normal operation of the Platform Services and/or infrastructure, (iv) the security of the Platform and/or Plug-in is compromised or (v) eDock is entitled to terminate this Agreement for cause.

16.2. In each case of suspension as set forth above, eDock will use reasonable efforts to give Customer forty-eight (48) hours’ notice, unless eDock reasonably determines that shorter notice is necessary or that no notice is possible to protect the interests of eDock, Customer, Authorized Users and/or any third party.


17.1. If an Event of Force Majeure gives rise to a failure or delay in the performance by either Party of any obligation under this Contract (other than any obligation to make payment), that obligation shall be suspended for the duration of the Event of Force Majeure.

17.2. A Party which becomes aware of an Event of Force Majeure which results or is likely to result in a failure or delay in the performance by that Party of any obligation under this Agreement shall: (a) promptly inform the other; and (b) inform the other of the period for which it is expected that such failure or delay will continue.

17.3. A Party whose performance of its obligations under this Agreement is affected by Force Majeure shall take reasonable steps to mitigate the effects of such Force Majeure


18.1. Entire Agreement – This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and takes precedence over all prior Agreements or understandings, whether written or oral, with respect to the same subject matter which are still in effect between the Parties.

18.2. Notice – Any notice given under this Contract shall be sent by registered or certified mail, return receipt requested, or by a recognised delivery service ensuring traceability, to the Party to be notified at its address indicated in the Purchase Order.

18.3. Order of precedence – In the event of a conflict between the terms and conditions of any of the above documents, the conflict shall be resolved in the following order of precedence: (i) the Purchase Order, (ii) the SOW, (iii) the Exhibits and (iv) the underlying terms of service. For the avoidance of doubt, the Parties expressly acknowledge and agree that any additional terms and conditions such as purchasing or invoicing terms and conditions shall not apply even if these terms and conditions state otherwise.

18.4.  Subcontracting – eDock is entitled to use subcontractors for the performance of its obligations under this Agreement, provided that such subcontracting does not reduce eDock’s liability under this Agreement.

18.5.  Survival of Obligations – All provisions of the Agreement that are expressly marked to survive termination or expiration of the Agreement, as well as all provisions of the Agreement that purport to enforce or perform the Agreement after termination or expiration of the Agreement, including but not limited to vested payment rights, restrictions on use, confidentiality obligations, and limitations of liability, shall survive the Agreement and remain in full force and effect.

18.6.  Nature – Unless the nature of the obligation reasonably constitutes an obligation of result, the obligations under the Contract shall be construed as obligations of means.

18.7.  Identification of the Customer – eDock may use the Customer’s name and logo in customer lists, results calls and press releases, marketing materials and on its website. Upon the Customer’s written request to eDock, eDock will remove the Customer’s name and logo from the Customer’s public website.

18.8.  Non-solicitation – During the term of the Contract (and/or any extension thereof) and for a period of one year after the termination or expiry of this Contract, neither Party shall recruit or solicit (directly or indirectly) (other than by advertisement not specifically addressed to one or more persons) any independent contractor or employee of the other Party for employment or engagement as an independent contractor.

18.9.  No Assignment – Customer may not assign this Agreement in whole or in part without the prior written consent of the other, eDock. eDock may assign this Agreement in its entirety (including the Purchase Order and/or the SOW) upon written notice without the consent of the other Party in connection with a merger, acquisition, corporate reorganization or sale of substantially all of its assets so long as the assignee agrees to be bound by all of the terms of this Agreement (“Permitted Assignment”). In the event of a Permitted Assignment, eDock will notify the Customer of such assignment.

18.10. No Waiver – Any failure by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Agreement shall not be construed or intended as a waiver of that Party’s right to assert or rely upon any such provision, right or remedy in this or any other case.

18.11. Severability – To the extent possible, the provisions of this Agreement shall be construed so as to be valid and enforceable under applicable law. However, if any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, in whole or in part, the remainder of such provision and this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provisions had never been contained herein. In addition, in such event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision, so as to reflect to the extent possible the intent of the invalid, illegal or unenforceable provision(s).

18.12. Non-Competition – Notwithstanding anything to the contrary in this Agreement, (a) in no event shall eDock be prohibited from providing services that are competitive with, or similar to, the Services to any third party; and (b) for the avoidance of doubt, eDock shall be free to use the general knowledge, skills and experience of its personnel, as well as any ideas, concepts, know-how and techniques, acquired or used in accordance with this Agreement; in each case provided that eDock does not use any Confidential Information of the Customer in violation of the terms of this Agreement.

18.13. Relationship between the Parties – eDock is entirely free and independent in the performance of the Services. There is no hierarchical relationship between eDock (or employees, agents or subcontractors) and the Customer. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency or otherwise between the Parties. Neither Party shall have the right to enter into any agreement on behalf of the other Party.

18.14. Governing Law and Jurisdiction – This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Belgium. Each Party irrevocably agrees that the courts of Nivelles (Brabant Wallon) (Belgium) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation which cannot be settled amicably.