Terms and Conditions

Article 1: Scope of Application

These terms and conditions apply to all transactions relating to the rental and leasing of goods by RENT TO PAY B.V. and all companies and foundations affiliated with or cooperating with this entity.

The term "goods" refers to the business and capital goods listed in the rental agreement, as well as packaging, user manuals, and services related to the delivery of those goods.

Article 2: Binding rental agreement

A binding rental agreement is concluded when the lessor confirms the lessee’s request by issuing an order confirmation or by actually carrying out the lessee’s order.

The rental agreement pertains to the goods specified therein, hereinafter referred to as "the goods."

Any stated delivery times for the goods shall never be regarded as strict deadlines, unless explicitly agreed otherwise. In the event of late delivery, the lessor must be formally notified in writing of default.

Article 3: Mandatory inspection by the lessee upon receipt

The lessee is required to immediately check their IBAN as stated on the order confirmation and packing list upon receipt.

The lessee is also required to immediately verify the terminal number listed on the packing list upon receipt of the payment terminal by carrying out a test transaction (e.g. for €0.01), and to compare the terminal number shown on the test receipt with the terminal number on the packing list (these must match).

If the lessee identifies any discrepancies in the IBAN and/or terminal number, the rented equipment may not be used. The lessee is obliged to report such errors to the lessor without delay, both by telephone or in writing via email, and in writing by registered letter.

The lessor shall not be liable for any damage incurred by the lessee and/or third parties resulting from an incorrect IBAN or terminal number if the lessee uses the equipment despite such discrepancies.

Article 4: Lessee’s obligation to verify received payments

The lessee is required to regularly verify that payments made using the rented equipment via Bancontact / Visa Debit / Debit Mastercard are actually credited to their bank account within three working days from the date the transactions were made using the payment terminal. If the funds have not been credited to the lessee’s designated bank account within three working days of the transaction date, the lessee must immediately cease using the rented equipment for Bancontact / Visa Debit / Debit Mastercard transactions. The lessee is also obliged to notify the lessor without delay—both by telephone or in writing via email, and in writing by registered letter. If the lessee fails to do so, the lessor shall not be held liable for any damage incurred by the lessee and/or third parties arising more than three working days after the date on which the first PIN transactions with the payment terminal took place.

Article 5: Payment Flow

The lessee acknowledges and expressly authorises the lessor to have all Bancontact / Visa Debit / Debit Mastercard payments made using the payment terminal credited to the bank account of the Stichting Derdengelden Bancontact-transacties (Third-Party Funds Foundation for Bancontact Transactions) in Antwerp.

The lessee authorises the lessor to transfer the amounts received into the third-party account referred to in paragraph 1 to the bank account designated by the lessee. The lessee also authorises the lessor to deduct from the said third-party account the security deposit and any other amounts owed by the lessee under the rental agreement.

The lessor holds an irrevocable mandate within the meaning of Articles 1984 et seq. of the Civil Code to transfer the amounts received into the third-party account referred to in paragraph 1 to the IBAN designated by the lessee.

The lessor is obliged to transfer the amounts owed to the lessee, as referred to in paragraph 2, to the lessee’s designated bank account on the same banking day that the funds are received into the account of the Stichting Derdengelden Bancontact-transacties. Should the funds be received on a public or bank holiday, the transfer shall occur on the next banking day. An exceptional margin of no more than two additional banking days shall be permitted in order to accommodate public holidays, bank closures (“bank holidays”), or unforeseen events.

The lessee authorises the lessor to correct any incorrectly executed transfers made to the lessee from the third-party account referred to in paragraph 1.

The lessor shall only be required to refund the security deposit to the lessee once the goods have been returned in proper working order and once the lessor has determined that the lessee owes no further amounts under the lease agreement. The lessor is entitled to offset any amounts due from the lessee against the security deposit. Once all sums due have been settled, the lessor is obliged to return any remaining portion of the security deposit to the lessee within three business days.

The lessee accepts that any payment made by a consumer/purchaser for goods and/or services using the payment system provided by RENT TO PAY B.V. shall be deemed to discharge the consumer’s/purchaser’s payment obligations.

The lessee shall not, under any circumstances, exercise a right of retention against the consumer/purchaser, provided that the full price has been paid by the consumer/purchaser and not merely an advance or partial payment, such that any disputes concerning payments shall be solely a matter between the parties to this agreement, RENT-TO-PAY B.V. and the lessee.

The lessee acknowledges that, under the terms set out herein, the funds received into the third-party account referred to in paragraph 1 shall not be regarded as “repayable funds” within the meaning of Article 4 of the Belgian Law of 22 March 1993 on the legal status of and supervision of credit institutions.

Article 6: Returns

The lessee must return the goods to the lessor at the end of the rental period, properly franked.

If the lessee fails to fulfil this return obligation, they shall owe the daily rental fee for the item concerned until the day it is received back, without prejudice to the lessor’s right to claim further damages and/or to recover the goods (or have them recovered).

The lessee is strictly prohibited from:

a) allowing third parties to use the goods, pledging, subletting, selling, or otherwise disposing of them;

b) dismantling the goods, in whole or in part;

c) carrying out or having carried out any repairs to the goods.

Article 7: Malfunctions

In the event of a malfunction, the lessee must immediately contact the lessor’s helpdesk by telephone.

If repair is necessary, the goods must be returned—following consultation—and the lessee will receive a replacement unit within two working days.

The provision of a replacement does not affect the rental period, which shall continue uninterrupted. From the moment of replacement, all rights and obligations under the agreement shall apply to the replacement unit.

Article 8: Damage

The lessee is liable for any damage to the rented goods up until the moment they are physically received back by the lessor. This includes damage resulting from the use of incorrect supplies.

Furthermore, the lessee is liable for all repair and cleaning costs incurred by the lessor, as well as for loss of rental income, in the event that the rented goods are returned in poor condition or damaged.

Any damage to the rented goods must be reported to the lessor immediately upon discovery.

Article 9: Theft

Loss, disposal, destruction, theft, embezzlement, or encumbrance of the rented goods must be reported in writing to the lessor without delay upon discovery.

In the event of loss, disposal, destruction, theft, embezzlement, or encumbrance of the rented goods, the lessee must compensate the lessor for the replacement value of the goods according to the supplier’s current price list at that time. This is without prejudice to the lessor’s further rights to demand performance, compensation, or suspension.

In cases of loss, disposal, damage, destruction, theft, embezzlement, or encumbrance of the rented goods, the lessee remains obligated to pay the rental fees under the rental contract as if the goods had not been lost, disposed of, damaged, destroyed, stolen, embezzled, or encumbered. Furthermore, the lessee must pay the lessor a fixed compensation for loss of rent or profit, amounting to six months’ rent.

Article 10: Security Deposit

If the goods are not returned to and received by the lessor within the agreed rental period, or if the goods are received in a faulty condition and/or have sustained damage, any resulting damages, costs, and interest will be deducted from the security deposit and/or any credits owed to the lessee, without prejudice to the lessor’s right to claim performance and compensation, including reimbursement of costs and interest, as well as suspension of obligations.

Article 11: Loss of Revenue Due to Incidents

The lessor shall not be liable for any (business) losses suffered by the lessee and/or third parties as a result of malfunctions, incorrect or untimely functioning, or unavailability of the rented goods or the electronic payment system, including but not limited to electricity supply, data communication, and/or the transport system, except in cases of intent or gross negligence by the lessor.

The lessee is responsible for obtaining business interruption insurance and insuring their risks for an adequate amount. Similarly, the lessee must have insurance covering liability for damage resulting from loss, disposal, damage, destruction, theft, embezzlement, or encumbrance of the rented goods during the agreed rental period.

The lessee and the lessor acknowledge that the security module is the property of NV BANKSYS. The lessee shall under no circumstances contact NV BANKSYS and/or hold it liable in any way under this agreement.

Moreover, this lease agreement is also subject to the applicable regulations of NV BANKSYS.

Article 12: Data Communication and Utilities

The lessee is responsible for providing a permanent (24-hour), clean (dedicated solely to the payment terminal) 220–240 volt double earthed socket located no more than 2 metres from the payment terminal.

The lessee is responsible for providing a dedicated telephone line (not routed through, for example, a domestic telephone exchange and used exclusively for the payment terminal). The connection point must be located no more than 1.5 metres from the payment terminal.

If the rented equipment is a payment terminal suitable for mobile communication, the above paragraph shall not apply.

Article 13: Confidentiality and Guidelines

The lessee is obliged to maintain confidentiality of all bank cardholder data they become aware of in connection with the rented equipment.

The lessee must ensure that its employees and any third parties working on its behalf who have actual access to this data are bound by the same confidentiality obligations and will take all reasonable measures to ensure compliance.

The lessee must position the PIN pad so that the cardholder’s PIN cannot reasonably be seen or intercepted by anyone during use.

Furthermore, the lessee is obliged to strictly comply with the guidelines issued by BANKSYS and/or the instructions of BANKSYS personnel and/or the lessor regarding the positioning of the PIN pad.

The lessee is obliged to keep copies of transaction receipts and summary reports for a minimum period of twelve months. These must be provided to the lessor upon first request. Failure to comply with this obligation may result in the lessor claiming the relevant transaction amount.

Article 14: Payment Term for Rental Invoices

Unless otherwise agreed, the lessee must pay all amounts due to the lessor within 8 days of the invoice date, without any right of set-off. The lessor is entitled to require advance payment or other securities. The payment term is a strict deadline.

If the lessee fails to pay within the period specified in paragraph 1, they shall automatically be in default and owe the lessor default interest of 1.5% of the invoice amount for each month or part of a month that the payment is overdue.

Complaints or claims regarding any failure by the lessor to fulfil contractual obligations will only be considered if reported in writing by the lessee to the lessor within ten days of discovery by the lessee or their employees. Failure to comply with this deadline will result in forfeiture of the right to complain or claim.

Article 15: Default

If the lessee fails to perform one or more of their contractual obligations, fails to do so on time or properly, applies for bankruptcy or (provisional) suspension of payments, is declared bankrupt, transfers, liquidates or ceases their business in whole or in part, and/or if the lessee’s assets are wholly or partially seized, the lessee shall be deemed in default. The lessor shall have the authority to regard the agreement as dissolved in whole or in part without notice of default or judicial intervention, without prejudice to their further rights to demand performance, compensation, and suspension.

Without prejudice to the provisions in the preceding paragraph, both the lessor and lessee are entitled to consider the rental agreement wholly or partially dissolved without judicial intervention, regardless of any further right to compensation, if the counterparty fails to meet their obligations under the agreement after proper notice of default.

If a party exercises the right referred to in the preceding paragraphs, the other party shall be notified in writing of the full or partial dissolution of the agreement.

In the cases mentioned in paragraphs 1 and 2, the lessor shall at all times, without any notice of default or prior warning, have the right to repossess the goods from the lessee. The lessee hereby undertakes in advance to provide the lessor with the cooperation desired in this regard. Furthermore, in the cases referred to in paragraphs 1 and 2, the lessor shall never be liable for any damage suffered by either the lessee or third parties in connection with the repossession of the goods or the non-continuation of the rental agreement. All transport costs, travel expenses, accommodation, food, and similar costs incurred by the lessor in exercising the aforementioned right to repossess the goods shall be borne by the lessee.

Without prejudice to the foregoing, the lessee shall be liable to the lessor for all costs incurred in collecting amounts due to the lessor and securing their rights, including judicial and extrajudicial collection costs, without prejudice to the lessor’s right to claim compensation for damages, costs, and interest resulting from non-performance, late performance, improper performance, or dissolution of the agreement.

Judicial and extrajudicial collection costs include the collection, administrative, and settlement fees of bailiffs and loss adjusters. The parties agree that the extrajudicial collection costs are set at 15% of the total amount due, with a minimum charge of EUR 175 in all cases. This amount will be increased by EUR 27.50.

Article 16: Force Majeure

During force majeure, the lessor’s delivery and other obligations shall be suspended. If the period during which performance by the lessor is impossible due to force majeure lasts longer than three months, both parties shall be entitled to terminate the agreement without judicial intervention, without any obligation to pay compensation in such cases.

For the purposes of this article, force majeure shall be understood as an impediment to perform due to circumstances that were unforeseen at the time of concluding the agreement and which prevent proper delivery by the lessor, including but not limited to war and similar events, strikes, excessive staff absenteeism due to illness, or staff shortages.

Article 17: Termination and Cancellation

The lessor has the right to immediately deactivate the hired goods and/or terminate the agreement without prior notice if, in the lessor’s opinion a) fraud is detected or there are strong indications that fraud is occurring or may occur; b) the integrity of the lessor, banks, Bancontact, Maestro, V PAY, Visa Debit, Debit MasterCard, and/or the payment system may be compromised; c) the lessee does not strictly comply with the legislation, regulations, and/or agreements of the banks and/or (credit card) acquirers, Bancontact, Maestro, V PAY, Visa Debit or Debit MasterCard or d) the lessee has provided incorrect information to the lessor.

The lessee has the right to cancel the application or agreement free of charge if the lessor receives a written cancellation before the order confirmation has been sent. After this point, a fee is payable equal to the one-off costs plus one day’s rental per payment terminal.

The lessee may terminate the agreement at any time, regardless of any later stated return date, by returning the hired goods as described elsewhere. The day the goods are returned shall be deemed the last day for which rent is payable.

Article 18: Belgian Law

All agreements to which these terms and conditions apply shall be governed by Belgian law.