Het opgesmukte logo van 4411

Address Be-Mobile NV
Kardinaal Mercierlaan, 1A
9090 Melle
E-mail help@4411.be
Telephone number 078 05 44 11
Company number 0881.959.533
VAT BE881959533

These terms of use (hereinafter “Terms of Use“) apply between you and Be-Mobile NV if you use our Services via SMS, our mobile application 4411 or our Website (www.4411.be).
By using our services or registering you accept these Terms of Use. The Terms of Use are always available via our mobile application 4411 or our Website (www.4411.be). For more information about changing these Terms of Use, see article 16 of these Terms of Use.

1. Definitions

The definitions used in these Terms of Use have the following meaning:

1.1. 4411: the mobile application ‘4411’ made available by Be-Mobile via the App Store and Play Store.

1.2. Be-Mobile: Be-Mobile NV, with registered office at Kardinaal Mercierlaan 1A, 9090 Melle and company number 0881.959.533, which provides services to End-users and Pro-users.

1.3. Payment service provider(s):

• Worldline SA/NV, Haachtsesteenweg 1442, Blue Star Building – FIN – D4, 1130 Brussels, authorised by the National Bank of Belgium as payment institution.
• Ingenico Financial Solutions SA/NV, Woluwedal 102, 1200 Brussels, licensed by the National Bank of Belgium as an electronic money institution.

1.4. Services: the services provided by Be-Mobile to End Users that initiate, terminate and pay for a Partner Service as described in Article 5 of these Terms of Use.

1.5. End User: the individual user of Be-Mobile Services via SMS, the mobile application 4411 or the Website.

1.6. Mobile network: the mobile network of the operator to which the End User is connected.

1.7. Mobile Network Invoice: the invoice of the Mobile Network operator payable by the End User or Pro User.

1.8. Partner: the government or company with which Be-Mobile cooperates and which provides Partner Services.

1.9. Partner Services: the initial services provided to an End User of Be-Mobile by a Partner, in particular

a) parking,
b) electric charging,
c) m-ticketing.

1.10. Pro Services: the services provided by Be-Mobile to Pro Users as described in Article 6 of these Terms of Use.

1.11. Pro-user: the professional user (such as a government or company) that uses Be-Mobile Pro Services.

1.12. Registration: the registration of the End User or Pro User as stipulated in Article 7 of these Terms of Use.

1.13. Session: the period between initiating and terminating the Partner services:

a) In case of parking (‘Parking session’),
b) In case of electric charging (‘Charging session’),
c) In the case of m-ticketing (‘M-ticketing session’).

1.14. Session Cost: the cost that Be-Mobile charges for a Partner’s service for one Session.

1.15. SMS: the SMS sent or received by the End User as part of a Session.

1.16. Transaction cost: the cost that Be-Mobile charges for the use of the Services.

1.17. Website: the website “www.4411.be”.

2. Service providers

2.1. The Services and Pro Services are offered and provided by Be-Mobile.

2.2. The Partner Services are exclusively offered and provided by the Partners.

2.3. Payments are processed, depending on the chosen payment method, by Be-Mobile itself in the case of payment by manual transfer and SEPA, by the Mobile Network operator in the case of payment via the Mobile Network Invoice, or by the Payment Service Provider(s) in the case of payment by credit card.

3. Language

3.1. The language of these Terms of Use and of the correspondence between the End User or Pro User and Be-Mobile shall be Dutch, French or English. The language of the mobile application 4411 or the Website can be set by the End User or Pro User himself.

4. Right of withdrawal

4.1. The End User or Pro User understands and accepts that Be-Mobile will start providing digital services immediately after the start of the download process of the mobile application 4411 or after the registration.

4.2. The End User expressly accepts that he or she waives the right of withdrawal within the meaning of Article VI.73, 13° of the Belgian Code of Economic Law as soon as he or she downloads the 4411 mobile application or registers. The End User may, however, remove the mobile application 4411 from his or her device and the End User may remove his or her account via the Website or have it removed by contacting the helpdesk (078 05 44 11).

5. Our Services

5.1. General

5.1.1. Our Services are aimed at End Users who may or may not wish to initiate a Session after Registration. In this case, it is the End User who is responsible for the payment of this Session as stipulated in articles 12 and 13 of these Terms of Use, unless otherwise stipulated in articles 13.2 and 15.4 of these Terms of Use.
5.1.2. The Services offered by Be-Mobile to the End User include initiating, terminating and paying for a Session. However, the use of certain Services may be subject to acceptance of additional terms and conditions from Partners.
5.1.3. More information about the operation of our Services can be found at www.4411.be/en/.

5.2. Initiation and termination

5.2.1. A Session is considered a formal transaction for which the End User or Pro User is subject to a payment obligation as soon as the Session is initiated. If the End User activates the service that confirms the start and end of a Session, the confirmation message received is also sufficient proof that the transaction has been formally concluded.
5.2.2. A Session is manually initiated and terminated by the End User, unless otherwise provided below.
5.2.3. A Session can have a fixed or maximum duration.

a) Fixed duration: if the Session has a fixed duration, the Session cannot be terminated early and the Session is automatically terminated upon reaching the end of the fixed duration.
b) Maximum duration: if the Session has a maximum duration, the Session can be terminated manually early, but the Session is automatically terminated upon reaching the maximum duration.

5.2.4. The manual initiation or termination of a Session is carried out in one of the following ways:
a) by SMS (to a given number with a specific message),
b) via the mobile application 4411, or
c) via the Website.
5.2.5. The available ways to initiate or terminate a Session may differ:
a) depending on whether it concerns a Parking session, a Charging session or an M-ticketing session,
b) depending on whether the End User is registered or not. The initiation and termination of a Session by SMS is not subject to compulsory registration for End Users using the Mobile network of a mobile operator listed in Appendix 1 to these Terms of Use.
5.2.6. If an End User is unable to terminate a particular Session due to a technical problem (e.g. with regard to the mobile network), the End User must terminate the Session by contacting the helpdesk by telephone (078 05 44 11) or by e-mail (help@4411.be) or via the contact form on the Website.

5.3. Parking session

5.3.1. For parking, the Partners (for parking on public roads or for parking spaces operated by companies) identify the services of Be-Mobile by means of the sign with the symbol of payment for parking by SMS that is placed in a visible place (such as on the parking meter or in the parking garage).
5.3.2. When initiating a Parking Session via the mobile application 4411 or the Website, the Session is immediately started and terminated at the moment that the End User terminates the Parking Session via the mobile application 4411 or the Website, unless otherwise stipulated in these Terms of Use (e.g. for a fixed or maximum duration).
5.3.3. When initiating a Parking Session by SMS (to 4411), the Session will commence at the time of receipt of the End User’s request by Be-Mobile’s system and end at the time of receipt of the End User’s request by SMS (to 4411) by Be-Mobile’s system, unless otherwise provided for in these Terms of Use (e.g. for a fixed or maximum duration).

5.4. Charging session

5.4.1. For electrical charging, the Partners identify Be-Mobile’s services by means of a sign placed in a visible place (such as on the charging station).
5.4.2. When initiating a Charging Session via the mobile application 4411 or the Website, the Session is immediately started and terminated at the moment that the End User terminates the parking session via the mobile application 4411 or the Website, unless otherwise stipulated in these Terms of Use (e.g. for a fixed or maximum duration).
5.4.3. When initiating a Charging Session by SMS (to 4242), the Session will be started at the time of receipt of the End User’s request by our system and terminated at the time of receipt of the End User’s request by SMS (to 4242) by our system, unless provided otherwise in these Terms of Use (e.g. for a fixed or maximum duration).

5.5. M-ticketing session

5.5.1. For M-ticketing Partners can be found in the mobile application 4411 or on the Website.
5.5.2. When initiating an M-ticketing session via the mobile application 4411, the Session is immediately started and terminated at the moment that the fixed duration (determined by the Partner) of the Session has expired.
5.5.3. When initiating an M-ticketing session, it is the Partner’s confirmation that entitles Be-Mobile to invoice this Session.

6. Our Pro services

6.1. Our Pro services are aimed at Pro users who wish to bear the cost of initiating a Session by their employees or staff-members. In this case, it is the Pro User who is responsible for the payment of this Session as stipulated in articles 12 and 13 of these Terms of Use, unless otherwise stipulated in articles 13.2 and 15.4 of these Terms of Use.

6.2. The Pro Services offered by Be-Mobile to the Pro User imply that the Pro User receives an overview (and monthly invoices) via the Website of the use of our Services by their employees or staff-members as End User.

6.3. For more information on how our Pro services work, please visit www.4411.be/en/professionals/.

7. Registration

7.1. Registration of End Users

7.1.1. End Users using the Mobile network of a mobile operator listed in Appendix 1 to these Terms of Use are not required to register in order to use certain Services as defined in Article 5 of these Terms of Use. The mobile operator uses MSISDN-code recognition (mobile number) for Be-Mobile. In that case, our Services are automatically invoiced via the Mobile Network Invoice.
7.1.2. End users who do not use the Mobile network of a mobile operator listed in Appendix 1 to these Terms of Use or who do not use a Belgian mobile number are obliged to register in order to use our Services.
7.1.3. When registering, the End User must provide and confirm at least one supported mobile number.
7.1.4. After registration, the End User may add the following information to his or her account without obligation:

a) Name
b) Address
c) E-mail address
d) Company details
e) Payment details

7.1.5. An End User will be considered as validly registered when the registration process has been completed.

7.2. Registration of Pro users

7.2.1. Pro users are required to register in order to use our Pro services.
7.2.2. When registering, Pro users must provide at least the following information:

a) Company name
b) Name
c) Address
d) E-mail address
e) Language
f) Pro-services

7.2.3. A Pro user will be considered as validly registered when the registration process has been completed.

8. Obligations of the End User and Pro User

8.1. General

8.1.1. The End User and Pro User must at all times comply with the applicable rules and conditions of Partners.
8.1.2. The End User or Pro-user must provide correct and up-to-date information when registering and must update this information if this information would change after registration.
8.1.3. The End User or Pro User must protect and secure the login details, such as the password, that give access to his or her account. The disclosure of login data to third parties is prohibited.
8.1.4. The End User or Pro-user is responsible for the security of the device on which the mobile application 4411 is installed or of the device on which the End User or Pro-user consults the Website. Be-Mobile advises the End User or Pro-user to take appropriate measures to protect the device (e.g. by means of a password, PIN or fingerprint). Be-Mobile also advises the End User or Pro User to update the operating system of the device with the latest security updates.
8.1.5. The End User or Pro User must pay for the Services or Pro Services as stipulated in Articles 12 and 13 of these Terms of Use.
8.1.6. The End User or Pro-user must refrain from any action aimed at circumventing, limiting or influencing the obligations arising from these Terms of Use.

8.2. Specific obligations of the End User

8.2.1. The End User is responsible for the correct use and proper functioning of the device or mobile phone used when initiating a Session. In the case of initiation by SMS, the End User is responsible for the accuracy of the SMS sent (e.g. for entering the correct license plate number). In the event of a technically unreadable SMS, the End User will receive an error message. In the event of an error in the SMS sent, that is technically readable (e.g. a readable SMS but with an incorrect license plate number), the Partner may consider this as non-payment of a ticket.
8.2.2. The End User is responsible for manually initiating and terminating a Session as stipulated in articles 5.2, 5.3, 5.4 and 5.5 of these Terms of Use.
8.2.3. In the event of loss or theft of the device or mobile phone during a Session, the End User is responsible for terminating the Session by calling 078 05 44 11. However, the Selling and Transaction costs remain due.

8.3. Specific obligations of the Pro-user

8.3.1. In the case of split invoicing, the Pro-user shall be obliged to inform his employee or staff-member of the time intervals and the operation of split invoicing as stipulated in Article 13.2 of these Terms of Use.
8.3.2. If the agreement between the Pro User and Be-Mobile is terminated, regardless of who terminates the agreement and regardless of the reason for termination, or if the Pro User no longer wishes to bear the costs of a particular End User, the Pro User will be obliged to inform its employee or staff-member as End User of such termination and the consequences thereof for the End User (as provided for in Article 15.4 of these Terms of Use).

9. Processing of your personal data

9.1. The personal data relating to the End User or Pro-user will be treated in strict confidence and in accordance with the applicable regulations regarding the processing of personal data. The manner in which Be-Mobile processes personal data of End Users or Pro Users is described in detail in Be-Mobile’s privacy policy, which is available at https://www.4411.be/en/privacy-policy/.

9.2. Be-Mobile may provide this data to a Partner for the purpose of checking compliance with the Partner’s terms and conditions.

10. Links and conditions of third parties

10.1. In order to be able to use certain Services, the End User will be asked to accept the Partner’s terms and conditions. This applies in particular to the M-ticketing sessions of De Lijn, which will also ask you to accept their conditions before you can initiate a M-ticketing session.

10.2. Our Services may also be integrated with third party mobile applications. More information about the services of these third parties can be found on their website:

a) KBC Mobile (website: [URL])
b) Touring (website: [URL])
c) XXIMO (website: [URL])
d) Olympus (website: [URL])

11. Intellectual property

11.1. Be-Mobile or its licensors are and remain the holders of all intellectual property rights relating to the mobile application 4411 and the Website. Be-Mobile grants the End User or Pro-user a non-exclusive, non-transferable and non-sublicensable right of use on the mobile application 4411 and the Website for the duration of the use of the Services.

12. Payment

12.1. Session and Transaction costs

12.1.1. For each Session initiated by an End User, Be-Mobile shall be entitled to invoice both the Session Cost and the Transaction Cost, whether or not via the Mobile Network Invoice, to the End User or, if applicable, to the Pro User.
12.1.2. The Session Cost is determined exclusively by the Partner and may be a fixed amount per Session or may depend on the duration of the Session (e.g. per hour started). The Session Cost is determined by the Partner, may vary by geographical area and is applied in a visible place (such as on the parking meter or charging station).
12.1.3. The Transaction Cost is determined exclusively by Be-Mobile and is a fixed amount per Session. The Transaction Cost may vary according to the way in which the End User initiates a Session. See Appendix 2 to these Terms of Use for the applicable Transaction Fees per mode of initiation.
12.1.4. When initiating a Session by SMS, the mobile operator of the Mobile network may charge a fee for sending and receiving an SMS. These costs shall be determined exclusively by Be-Mobile and shall not be invoiced by Be-Mobile, but shall be invoiced directly by that mobile operator.
12.1.5. Be-Mobile may adjust the Transaction Cost in accordance with Article 16 of these Terms of Use (amendments to these Terms of Use).

12.2. Payment methods

12.2.1. For End Users who use the Mobile network of a mobile operator listed in Appendix 1 to these Terms of Use, the payment method upon registration will be set by default to billing via the Mobile network invoice, but the End User will always have the option to set another available payment method via his account.
12.2.2. End-users who do not use the Mobile network of a mobile operator listed in Appendix 1 to these Terms of Use must choose between the available payment methods when registering.
12.2.3. The available payment methods are:

a) Via the Mobile Network Invoice (default setting);
b) By credit card (Visa, Mastercard or American Express);
c) By bank transfer/ bancontact.
d) Via SEPA

13. Invoicing

13.1. General

13.1.1. The Session Cost and Transaction Cost will be invoiced periodically to the End User, unless otherwise stipulated in these Terms of Use.
13.1.2. If the End User is an employee or staff-member of a Pro User, the Session Cost and Transaction Cost will always be invoiced periodically to the Pro User, except in the case of split invoicing as provided for in Article 13.2 of these Terms of Use.
13.1.3. The End User or Pro User may consult an overview of the End User’s use of our Services on his account via the mobile application 4411 or the Website. The End User or Pro-user can print an overview of the Parking sessions included in the history and the costs excluding VAT.

13.2. Split invoicing

13.2.1. A Pro-user can opt for split invoicing, which means that the Pro-user can set time intervals (e.g. per day and per hour) for the invoicing at the expense of the Pro-user.
a) For initiated Sessions within these time intervals, the Session Cost and the Transaction Cost shall be at the expense of the Pro user.
b) For initiated Sessions outside these time intervals, the Session Cost and the Transaction Cost are at the expense of the End User.

13.3. Payment term and late payment

13.3.1. The End User will receive a monthly statement, to be consulted via his account on the Website, stating the amounts due.
13.3.2. The Pro-user will receive a monthly statement, to be consulted via his account on the Website, stating the amounts due.
13.3.3. All payments must be made by the End User or Pro User within 30 calendar days of the date of the statement at the latest.
13.3.4. In the event of late payment, Be-Mobile reserves the right to suspend performance of its obligations towards the End User or Pro User until all debts of the End User or Pro User have been paid in full. In this case, Be-Mobile may temporarily block the account of the End User or Pro User. The temporary blocking of the Pro-user’s account means that the employee or staff-member of the Pro-user as End User can no longer initiate a Session at the expense of the Pro-user. However, the temporary blocking of the Pro User will not affect the End User’s ability to initiate a Session at its own expense.
13.3.5. In the event of late payment, Be-Mobile will send three (3) payment reminders by SMS or letter to the End User or Pro-user before commencing legal proceedings to collect the amounts due. Payment reminders sent by SMS are always free of charge, but for payment reminders sent by letter, Be-Mobile reserves the right to charge an administration fee of three (3) EUR (with addition of any postage costs applicable at the time of sending). If Be-Mobile entrusts the collection to a third party, the End User or Pro-user may be charged a fixed fee of 35 EUR.

14. Liability

14.1. General

14.1.1. Be-Mobile provides the Services and Pro Services as offered (“as is”) and does not guarantee 100% availability. Be-Mobile cannot be held liable if the Services or Pro-Services are not available due to force majeure or due to the actions of its suppliers or Partners, but Be-Mobile shall make all reasonable efforts to ensure the availability of the Services and Pro-Services.
14.1.2. Be-Mobile may temporarily suspend the Services and Pro Services (in whole or in part), in particular for the purpose of managing, improving, repairing and maintaining the Services or Pro Services. Depending on the nature of the interruption, Be-Mobile shall inform the End User or Pro-user of this in advance and make all reasonable efforts to limit the duration of the suspension to the absolute minimum.
14.1.3. Be-Mobile cannot be held liable for loss of income or profit, nor for any damage which could not reasonably have been foreseen at the time of acceptance of these Terms of Use or which is indirect or consequential damage.
14.1.4. Be-Mobile cannot be held liable for any direct, indirect or consequential damage attributable to a malfunction in the Mobile network of the End User’s mobile operator, the late receipt of an SMS, a case of force majeure, an act or omission by one or more of the parties involved or the incorrect use of our Services by the End User. In such cases, the Session Cost is limited to the maximum daily rate for that Session on the same day in the same geographical area.
14.1.5. Insofar as the End User or Pro User makes use of our Services in the context of his or her commercial, industrial or craft activities, Be-Mobile’s liability for damage in the performance thereof shall be limited to the amount for which Be-Mobile is insured.
14.1.6. Nothing in these Terms of Use excludes Be-Mobile’s liability for its own intent or for any other form of liability that cannot be excluded or limited under applicable mandatory law.

14.2. Liability for Partners
14.2.1. Be-Mobile cannot be held liable for the pricing policy of its Partners.
14.2.2. Be-Mobile cannot be held liable for the performance of a Partner Service by a Partner or one of its employees, agents, staff-members, subcontractors, or suppliers.
14.2.3. Be-Mobile cannot be held liable for damage caused by Partners or one of its employees, agents, staff-members, subcontractors, or suppliers. If the Partner imposes additional conditions on the End User, Be-Mobile cannot be held liable for the End User’s failure to comply with these conditions or the consequences of such failure to comply with these conditions.

15. Duration and modification

15.1. These Terms of Use and any changes shall apply for the duration of the use of our Services or Pro Services.

15.2. The End User may terminate this agreement at any time by having his or her account deleted by contacting the helpdesk (078 05 44 11) or via the Website. However, the mere removal of the 4411 mobile application from the device does not constitute the end of this Agreement.

15.3. The Pro-user can terminate this agreement at any time by having his or her account deleted by contacting the helpdesk (078 05 44 11) or via the Website.

15.4. Termination of the Agreement between the Pro User and Be-Mobile, irrespective of who terminates the Agreement and irrespective of the reason for termination, shall not result in automatic termination of the Agreement between the End User and Be-Mobile. As from the termination of the Agreement between the Pro User and Be-Mobile, the employees of the Pro User shall themselves be responsible for payment for the Services that are still provided by Be-Mobile to the End User after termination. If split invoicing as defined in 13.2 of these Terms of Use was already enabled, this payment method will automatically be maintained. If split invoicing was not enabled, the End User will be asked to choose a payment method.

15.5. Events or actions of the End User or Pro-user that violate these Terms of Use may be considered by Be-Mobile as a valid reason for terminating this Agreement provided that this is proportionate to the violation and without prejudice to Be-Mobile’s right to claim damages.

15.6. The following events or actions may constitute a valid reason for Be-Mobile to terminate this Agreement with the End User or Pro User:

a) Reports of fraudulent or unusual use of the End User’s or Pro User’s account;
b) Be-Mobile has sufficient reason to assume that the End User or Pro User regularly fails to pay its invoice;
c) Be-Mobile has sufficient reason to believe that the account or activities of the End User or Pro-user expose Be-Mobile to credit risk or fraud.

16. Changes to these Terms of Use

16.1. By registering, the End User or Pro User declares to have read these Terms of Use and to accept these Terms of Use and any amendments in accordance with the provisions below. If the End User or Pro User does not accept these Terms of Use, the End User or Pro User cannot make use of our Services or Pro Services.

16.2. Be-Mobile reserves the right to amend these Terms of Use at any time. In that case Be-Mobile shall inform the End User and Pro-user in a timely manner by e-mail or by means of a message on the mobile application 4411 of these changes and from when the amended Terms of Use will apply or via sms. The End User or Pro User will be deemed to have accepted these amended Terms of Use if the End User or Pro User has not objected within thirty (30) days of the date of this e-mail or message. If the End User or Pro User does object within this period, the End User or Pro User must immediately stop using the Services or Pro Services and remove the mobile application 4411 from the device.

16.3. The applicable version of the Terms of Use is the version in force at the time when the End User uses the mobile application 4411 or the Website.

17. Applicable law and dispute resolution

17.1. These Terms of Use are subject to Belgian law. Any dispute arising in this connection shall be submitted to the competent courts of Brussels.

17.2. For consumers, the European Commission also provides an online dispute resolution platform.

ANNEX 1: MOBILE OPERATORS WITHOUT COMPULSORY REGISTRATION

• Proximus
• Orange

ANNEX 2: TRANSACTION COSTS

• EUR 0,15 per SMS sent to or received from 4411 (error messages are free)
• EUR 0,15 per SMS sent to or received from 4242 (error messages are free)
• 0,25 EUR per Session initiated via the mobile application 4411
• 0.00 EUR per Session initiated via the Website
• 0,00 EUR per M-Ticketing session for De Lijn initiated in any way