Terms of use

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.io). For more information about changing these Terms of Use, see article 15 of these Terms of Use.

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

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.

Payment service provider(s):

• Worldline SA/NV, Haachtsesteenweg 1442, Blue Star Building - FIN - D4, 1130 Brussels, authorised by the as payment institution.

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.

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

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

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

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

Registration: the registration of the End User as stipulated in Article 6 of these Terms of Use.

Session: the period between initiating and terminating the Partner services, in case of parking ('Parking session').

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

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

Website: the website "www.4411.io".

The Services are offered and provided by Be-Mobile.

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

Payments are processed by the Payment Service Provider(s) in the case of payment by credit card.

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

The End 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.

The End User expressly accepts that he or she waives the right of withdrawal within the meaning of Article 6:230p under d and g of the Dutch Civil Code as soon as he or she downloads the 4411 mobile application or registers, and this as well as for the use of the mobile app as the Services related to such use. 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 (+31 85 888 11 38).

General

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 11 and 12 of these Terms of Use.

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.

More information about the operation of our Services can be found at www.4411.io/en-nl/.

Initiation and termination

A Session is considered a formal transaction for which the End 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.

A Session is manually initiated and terminated by the End User, unless otherwise provided below.

A Session can have a fixed or maximum duration.

• 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.
• 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.

The manual initiation or termination of a Session is carried out via the mobile application 4411.

The available ways to initiate or terminate a Session may differ:

• depending on whether it concerns a Parking session,
• depending on whether the End User is registered or not.

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 (+31 85 888 11 38) or by e-mail (help@4411.io) or via the contact form on the Website.

Parking session

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 that is placed in a visible place (such as on the parking meter or in the parking garage). 

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 Termes of Use (e.g. for a fixed or maximum duration).

When registering, the End User must provide and confirm at least one supported mobile number.

After registration, the End User may add the following information to his or her account without obligation:

• Name
• Address
• E-mail address
• Company details
• Payment details

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

General

The End User must at all times comply with the applicable rules and conditions of Partners.

he End User must provide correct and up-to-date information when registering and must update this information if this information would change after registration.

The End 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.

The End 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 consults the Website. Be-Mobile advises the End 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 to update the operating system of the device with the latest security updates.

The End User must pay for the Services as stipulated in Articles 11 and 12 of these Terms of Use.

The End User must refrain from any action aimed at circumventing, limiting or influencing the obligations arising from these Terms of Use.

Specific obligations of the End User

The End User is responsible for the correct use and proper functioning of the device or mobile phone used when initiating a Session.

The End User is responsible for manually initiating and terminating a Session as stipulated in articles 5.2 and 5.3 of these Terms of Use.

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 +31 85 888 11 38. However, the Session and License costs remain due.

Specific obligations of the Pro-use

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.

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).

The personal data relating to the End 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 is described in detail in Be-Mobile's privacy policy, which is available at .  

Be-Mobile may provide this data to a third party for the purpose of collecting outstanding payments (such as collection agencies and bailiffs).

In order to be able to use certain Services, the End User will be asked to accept the Partner's terms and conditions.

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 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.

Session and Transaction cost

For each Session initiated by an End User, Be-Mobile shall be entitled to invoice both the Session Cost and the License Cost to the End User.

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).

The License Cost is determined exclusively by Be-Mobile and is a fixed amount per Session. The License Cost may vary according to the way in which the End User initiates a Session. See Appendix 1 to these Terms of Use for the applicable License Fees per mode of initiation.

Be-Mobile may adjust the License Cost in accordance with Article 15 of these Terms of Use (amendments to these Terms of Use).

Payment methods

The available payment methods are by credit card (Visa, Mastercard or American Express).

General

The Session Cost and License Cost will be invoiced periodically to the End User, unless otherwise stipulated in these Terms of Use.

The End 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 can print an overview of the Parking sessions included in the history and the costs excluding VAT.

Payment term and late payment

The End User will receive a monthly statement, to be consulted via his account on the Website, stating the amounts due.

payments must be made by the End User within 30 calendar days of the date of the statement at the latest.

In the event of late payment, Be-Mobile reserves the right to suspend performance of its obligations towards the End User until all debts of the End User have been paid in full. In this case, Be-Mobile may temporarily block the account of the End User.

In the event of late payment, Be-Mobile will send three (3) payment reminders by SMS or letter to the End User before commencing legal proceedings to collect the amounts due. Payment reminders sent by SMS are always free of charge, but for otherwise remitted payment reminders, Be-Mobile reserves the right to charge extrajudicial collection costs in accordance with the Decree on compensation for extrajudicial collection costs (or legal successors).

General

Be-Mobile provides the Services as offered ("as is") and does not guarantee 100% availability. Be-Mobile cannot be held liable if the 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.

Be-Mobile may temporarily suspend the Services (in whole or in part), in particular for the purpose of managing, improving, repairing and maintaining the Services. Depending on the nature of the interruption, Be-Mobile shall inform the End User of this in advance and make all reasonable efforts to limit the duration of the suspension to the absolute minimum.

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.

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, 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.

Be-Mobile's liability for damage, for whatever reason, against an End User in the context of the Services is limited to the amount for which Be-Mobile is insured, at least, insofar as the insurance offers no cover, up to the amount that has actually been paid to Be-Mobile by the End User in the last 2 months.

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.

Liability for Partners

Partners can change their pricing policy in the interim. Be-Mobile cannot be held liable for those changes.

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.

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.

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

The End User may terminate this agreement at any time by having his or her account deleted by contacting the helpdesk (+31 85 888 11 38) or via the Website. However, the mere removal of the 4411 mobile application from the device does not constitute the end of this Agreement.

If the End User acts in violation of these Terms of Use, and continues to do so in spite of a written notice of default by Be-Mobile whereby it is summoned to terminate this violation within a reasonable term, Be-Mobile is entitled, without prejudice to its other rights, to terminate the agreement.

The following events or actions may constitute a valid reason for Be-Mobile to terminate this Agreement with the End User without prior notice of default:

• Reports of fraudulent or unusual use of the End User's account;
• Be-Mobile has sufficient reason to assume that the End User regularly fails to pay its invoice;
• Be-Mobile has sufficient reason to believe that the account or activities of the End User expose Be-Mobile to credit risk or fraud;
• Other actions that by their nature can no longer be undone and where continuance of the agreement cannot be demanded by Be-Mobile according to standards of reasonableness and fairness.

By registering, the End 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 does not accept these Terms of Use, the End User cannot make use of our Services .

Be-Mobile reserves the right to amend these Terms of Use at any time. In that case Be-Mobile shall inform the End 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. The End User will be deemed to have accepted these amended Terms of Use, if the End User has not objected within one (1) month of the date of this e-mail or message. If the End User does object within this period, the End User shall be entitled to terminate this Agreement. At the moment of termination the End User must immediately stop using the Services and remove the mobile application 4411 from the device.

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.

These Terms of Use are subject to Dutch law. Any dispute arising in this connection shall be submitted to the competent courts of the place of residence of the End User.

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

License Costs

• 0,25 EUR per Session initiated via the mobile application 4411
• 0.00 EUR per Session initiated via the Website