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Internal regulations

An exchange network is a tool at the service of companies and administered by brokers, here are the rules applicable to this market. Each affiliate must accept them to participate in the network, their violation is sanctioned and can lead to exclusion.

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Introductory remarks

Definitions

1. BarterNext or the network

Sometimes used as part of the trademark, Barter & Trade (BARTERNEXT) should be read as C.V.B.A. BARTERNEXT S.C.R.L., BCE n° BE0.875.367.095, 2 avenue du bois de chapelles, à 1380 Lasne, Brabant Wallon , Belgium

2. The product line

The product line is a range of products sold or services offered that can be clearly delimited by a commercial name.
For example: for a garage: parts are one product line and labor is another.

3. The management body

The managing body is the company appointed by the Board of Directors of BARTERNEXT which has the power, by virtue of a special mandate :

  •  to represent it,
  • to perform any legal act on its behalf,
  • to carry out any act of management of the BARTERNEXT exchange accounts,
  • to invoice,
  • to collect debts,
  • to substitute for BARTERNEXT in all its obligations.

The management body designated by the Board of Directors of BARTERNEXT is: B NEXT MANAGEMENT BVBA (BCE n°0875.294.049) with registered office at 2 avenue du bois de chapelles, 1380 Lasne, Brabant Wallon.

a. Delegated management bodies (e.g. for a specific market sector or country)

The management body may delegate all or part of the management to third parties, these third parties will then be called the delegated management body and will be informed on the member's subscription invoices.

b. Authority for management bodies and delegated management bodies to override the ROI

The latter may negotiate a contract of partial derogation from the present internal regulations, provided that the contract in question only concerns chapter IX (assistance services) or the amount of the annual contribution and/or the FRF. Any deviations do not entail the responsibility of the BARTERNEXT cooperative but only that of the delegated management body. Any waiver is valid only if it was entered into after the effective date of this IOA.

4. The Corporate Network

The corporate network is a division of the BarterNext members that allows large companies and entities to collaborate with rules that are distinct from the present internal regulations by using a different exchange unit, the CB€ (see below)

5. The Barter-Euro (or B€)

The B€ is the internal unit of exchange for transactions within the network. It cannot be used to pay the bills of the management body.

6. The Corporate-Barter-Euro (or CB€)

The B€ is the internal unit of exchange for transactions within the corporate network. It cannot be used to pay the bills of the management body

7. The exchange line of credit

The exchange credit line is a buffer credit line that allows the affiliate to whom it has been granted, upon joining BARTERNEXT, to make purchases through BARTERNEXT even before making sales.

8. The Affiliate(s), The Member(s)

Represents the natural or legal person who has contracted an affiliation with BARTERNEXT.

9. The deposit

Is the natural or legal person who has given a joint and indivisible guarantee of the obligations of the affiliate to the network. The guarantor is bound by the obligations of the affiliate.

10. The broker

The Barter is the BARTERNEXT employee or associate responsible for supporting the Affiliate in their use of the exchange system.

11. Transactional mail

E=Email sent via a transactional emailing platform that can guarantee the deliverability and confirm the reading of an email.

1. Amounts indicated in the internal regulations

§(1) The amounts expressed in these internal regulations are exclusive of taxes.

2. Linguistic role

§1 These rules are written in French, any translation is proposed for information only.
§In the event of a conflict between the interpretation of these rules and a translated version, only the French version will prevail.
§As a general rule, any communication between BARTERNEXT and its affiliates will be considered valid only if it is written in French, except for all disputes and warnings or claims that may be written and addressed in French or English under penalty of nullity.

3. General conditions of the network

Within the network, the general terms and conditions of the network and the internal regulations take precedence over any contrary provisions in the contracts formed between the affiliates.

A. Presentation of the exchange system

 1. The Principle of Multilateral Exchange

§BARTERNEXT SCRL, referred to as BARTERNEXT in the present regulations (see definitions section), is a platform company for the exchange of products and services between its members. These are companies, traders, professionals, potential customers (natural or legal persons) or institutions/administrations that are also members of BARTERNEXT.

§The originality of the BARTERNEXT network is that it allows its affiliates to enter into contact with each other through multilateral exchanges and therefore to carry out transactions with each other.

§3 Multilateral exchange avoids the disadvantages of bilateral exchange. Bilateral exchange effectively requires that the partners need each other at the same time for the same amount.

2. A cooperative exchange platform

§BARTERNEXT is an affiliate networking platform through which local businesses, SMEs, industries, traders and professionals can use a multi-stakeholder exchange system as a marketing tool.

§BARTERNEXT is a cooperative of members who hold one or more shares in the cooperative.

§Membership in this cooperative is conditional upon the good conduct of the member and the prior and unreserved acceptance of these rules.

B. Putting it into practice


1. Provision of the network

The objective of the BARTERNEXT network is to put affiliates in contact with each other to allow them to exchange products or services for different amounts at different times with different people using an internal exchange unit: the barter euro. (abbreviated to B€)

2. Exchange unit

The link created between the affiliates of the network is made possible thanks to the internal exchange unit, the Barter Euro or B€ and the Corporate Barter Euro or CB€, whose value is identical to that of the euro between the members of the network. All the transactions carried out by the affiliates, between them, are carried out by means of this internal exchange unit of the network.

3. Marketing & Additional IT Tools

§1 Additional marketing tools can be offered by Barter & Trade to facilitate exchanges between affiliates. These tools are mainly offered "online" via the BARTERNEXT website at http://www.b-n-t.eu or via the download of computer applications for smartphones or desktop computers.

§2. these tools can be free or paid

§The unavailability or deletion of these tools, deemed complementary but not essential to the proper functioning of the system, does not give any right to the affiliate.

§4 BARTERNEXT does not guarantee the compatibility of mobile applications for smartphones with all smartphones and operating systems, and certainly not the availability on the Google Play (Android), Windows Market Place (Microsoft Windows 8 RT/x86 and Windows Phone) or the App Store (iPhone, iPod and iPad).


A. Signature of the affiliation contract 

Without prejudice to the application of article 3.04 of this ROI, the candidate member is considered an affiliate member when an affiliation contract has been concluded between him/her and BARTERNEXT.

B. E-Contract

§Any candidate who wishes to become an affiliate of the network can notify BARTERNEXT of his or her wish to become an affiliate by filling out the form on the BARTERNEXT website.

§Once this form has been filled in, signed online and sent to BARTERNEXT, AND once the payment of the amount required for the beginning of the subscription and the type B action has been made, online or by bank transfer, the member's affiliation will be considered validated.

§3 An e-contract can be terminated by either BARTERNEXT or the affiliate without justification or notice within 7 days of its signing. To exercise this right, the party wishing to terminate the contract must notify the other party either by transactional e-mail or by registered mail.

C. Entry in the register of associates

 

§The membership is materialized by the inscription in the register of associates.

§2. the affiliate becomes an associate of the SCRL BARTERNEXT of which he automatically subscribes, by the affiliation, a social share of type B with a value of one euro

§3. the member authorizes the BARTERNEXT board of directors to sign the register of members on his behalf at the time of admission, session, disaffiliation and automatic termination.

D. Acceptance of the statutes and internal regulations of BARTERNEXT.

 

§1. by applying for membership and signing the membership contract, the member expressly acknowledges that he/she has read and agrees to the application of the statutes and the ROI.



A. Monthly contribution

 §1 Each member pays a monthly fee, the amount of which is indicated on the BarterNext website (rates section), payable in euros (€), and payable in advance on the anniversary date of the contract.

§In the event of disaffiliation, for whatever reason, the amount of the current year's and/or the following year's membership fees shall remain payable to BARTERNEXT.

B. Taxes

§Any tax claimed from BARTERNEXT, of any nature whatsoever, following an adjustment or requalification, is passed on to the affiliates who generated the transactions that led to the taxation, in proportion to their participation. (e.g.: intra-community VAT, excise duties, import/export taxes, etc.)

§2 In case of a general tax of the cooperative, the management body or the delegated management body, it is passed on to all members in proportion to the exchange volume (entries and exits on the Barter accounts) of each member in the relevant tax year.

§This paragraph is related to resigning members and their guarantors as long as the legal prescription has not been reached.


A. Payments within the network

 1. Issue of invoices.

§Affiliates may make purchases/sales or provide/receive services between themselves.

§(2) An affiliate who sells or provides a service shall prepare an invoice in accordance with the applicable tax legislation.

§BARTERNEXT will be entitled to demand a copy of the invoices for the transactions at any time. If the invoice is not presented spontaneously to BARTERNEXT by the seller, BARTERNEXT will be able to cancel the transaction and charge the seller administration costs, without prejudice to the possibility of denouncing the affiliation and the possible transmission of the case to the competent fiscal authorities.

2. Payment methods.

§1 The transaction is carried out via BARTERNEXT by means of a "Barter Check", a "BARTERNEXT Card" or by letter, fax, website, email, mobile application or any other means of telecommunication offered by BARTERNEXT.

§2. in the case of a payment by card or a purchase made via the internet or mobile application, the Affiliate acknowledges that the system in place is secure and therefore that a transaction made by card or via the internet is not contestable.

3. Evidentiary documents in case of dispute.

§BARTERNEXT keeps all documents related to transactions. In accordance with the legislation in force, proof is free and can be provided by any legal means. Telephone orders can also be recorded and kept as proof.

§In case of dispute, accepted quotations and issued invoices will be considered as conclusive documents.

§(3) In the case of an order by telephone, the time and date of the call and the name of the operator whose testimony will be admitted as evidence.

4. Validity of Transaction Challenges

§Any transaction that is not contested by registered letter addressed to BARTERNEXT within 60 days after its conclusion is considered accepted and BARTERNEXT is no longer obliged to keep the relative documents/traces.

B. The exchange rate

1. The publication of the agreed exchange rate.

§1 Payment between affiliates can be made in full or in part in B€ according to the percentage agreed upon at the time of affiliation and according to the product lines of the clients.

§The agreed exchange rate is published on the BARTERNEXT website and is specified in all communications.

2. The different possible exchange rate percentages.

§The exchange rate is always based on the amount including VAT.

§2. 25%, 50%, 75%, 100% are possible standard exchange rates.

§4. the affiliate will be able to propose a free exchange percentage like for example: 100% exchange on meals but not on drinks, or 1000 € per year in exchange to 50% exchange and then 25% exchange, etc...

§5 At the time of affiliation, the affiliate stipulates a maximum amount that he/she wishes to make in exchange, it is only when the positive balance of the affiliate has reached this amount that the affiliate will be able to refuse to sell in exchange for B€ within the network. If the affiliate has not specified this amount or has not specified it to BARTERNEXT, it will be 15,500 B€, and can never be less than 10,000 B€. If the amount specified in the contract is less than this, it will automatically and validly be increased to 10,000 B€.

§If the member reaches the limit provided for in §6 of this article, he/she may request to be temporarily de-published from the members' catalog. Nevertheless, he/she will still have to agree to sell to 25% exchange.

3. The recommended adaptation of the exchange rate to the turnover.

§BARTERNEXT advises that a maximum of 5% of the affiliate's total annual turnover should be achieved through the BARTERNEXT exchange system.

§In order to maintain an optimal balance, where the income in Barter Euros is equivalent to the expenses in Barter Euros, the Affiliate commits to make reasonable use of the BARTERNEXT system, according to its economic specificities, and to communicate a budgetary plan and an analysis of the costs and investments of its company, so that the Broker can help it in the best possible way.

C. Dormant Accounts

Any Barter account that does not register any transaction within the network for 24 consecutive months will automatically be paid into the guarantee fund and closed, without BARTERNEXT having to remind the affiliate. The account can be restored upon payment of the technical fees by the affiliate who requests it within 5 years.

D. The Barter account, the credit line, the intranet

1. The Barter account.

§1 Each affiliate has a Barter account to record his transactions through the network. There are 3 types of accounts: Barter accounts to record transactions in B€, corporate accounts to record accounts in CB€ and reserve accounts so that the member can save B€ or CB€ without the balance being visible to brokers or other members.

§The negative balance of this/these Barter account(s) can never be converted into euros or any other currency during the term of the affiliation. In any case a positive balance can never be claimed in money (euro or any other currency) by the affiliate.

§After each transaction, an email is sent to the affiliate with a summary of the transaction. The affiliate can at any time consult his balance and his transactions within the network on the BARTERNEXT intranet and on the mobile application.

§No interest, neither credit nor debit, is due on the amounts credited to the Euro Barter Account.

§Barter euros, registered in the name of the affiliate, can only be transferred to the account of another affiliate upon payment of the commissions and fees due by both affiliates concerned and subject to compliance with the BARTERNEXT statutes.

2. The exchange line of credit

§The exchange line of credit allows an Affiliate, to whom it has been granted, to make purchases through the network even before having made sales within the network.

§The amount of this credit line is determined by contract and may not be exceeded in any case.

§(3) The line of credit shall be granted only in the case of a joint and several guarantee by the decision-maker or decision-makers committing the affiliation of their trade or business.

§The credit line may be cancelled by BARTERNEXT in case of late payment by the affiliate.

3. The intranet.

§1. each affiliate has a personal access to the management intranet on www.b-n-t.eu. This allows to make transfers to the accounts of other affiliates and to consult the transactions made by the affiliate on his own Barter euros account(s).

§2 It also allows affiliates to have access to the affiliate database as well as to various information on the life of the network.

§The Affiliate is solely responsible for the use of the intranet and the loss or misuse of its access codes.

§He also agrees not to communicate his access codes to a third party without prior notice to BARTERNEXT, which will have the right to preventively suspend any access code with simultaneous connections to different IP addresses (Internet).

§The BARTERNEXT intranet site is a complementary support to the BARTERNEXT assistance service, the modification of the site, its technical form or mode of distribution does not give the right to the affiliate not to comply with its obligations.

4. The Interactive Member Catalog / Product Directory
a. Presentation

§1 The member catalog allows you to view the members of BARTERNEXT as well as to search for them using various criteria.

§A member can ask to be de-published temporarily, so BARTERNEXT is not obliged to publish all members.

§For reasons of commercial strategy of the affiliate, BARTERNEXT may only publish a partial or unmarked card, or not publish a member in the catalog, nevertheless, the affiliate will always be able to obtain information on the existence of the opportunity with the agreement of the other affiliate. For example: A media company with an editorial control will only be available if the media company itself contacts the affiliate and will be able to choose the affiliates it wishes to work with, in order to respect its editorial line and also not cannibalize its income in euros by replacing an existing advertiser in cash by an exchange operation.

b. Privacy

§The use of the intranet and in general any affiliate listing is confidential, any affiliate who knowingly transmits the contact information of other affiliates for commercial purposes to a third party, not a member of the network will see his or her access to the intranet cancelled and may also be immediately excluded from the exchange network.

§2 The use of affiliate data for any purpose other than participation in the BARTERNEXT exchange network is a breach that may lead to immediate exclusion from the network at the sole expense of the affiliate.

§3 In order to enforce this point, BARTERNEXT will have the right to use any means of identification specific to the technologies available, such as micro-printing of serial numbers, computer tracers, cookies, etc...

§The affiliate admits that the log file of the BARTERNEXT server and the testimony of other affiliates who have been contacted hold as irrefutable proof concerning the above-mentioned facts.

c. Responsibility for content (reviews and votes)

§The Affiliate is responsible for what it publishes in the Members' Catalog, including but not limited to

"Post a review and reply to it.

§Affiliates may give a subjective good impression rating of their contacts with other affiliates, which rating may not be changed by BARTERNEXT except in cases of conflict of interest or violation of network rules; 

d. Intellectual property rights on photos and illustrations

§1 The affiliate guarantees BARTERNEXT the acquisition of the rights to the images, videos, sounds and texts used in all communications within the network (whether or not the images have been proposed by the customer).

5. The organization of BARTERNEXT events at an affiliate's location

§The affiliate may propose the organization of events or "business meetings" via the BARTERNEXT site in order to allow members to meet. BARTERNEXT may nevertheless prohibit the event in the following cases

  • If the event is too close to another event
  • If the theme is contrary to the interests of the network or morality If the affiliate is in default of payment to BARTERNEXT
  • If access for people with reduced mobility is not possible
  • If the safety of members cannot be guaranteed during the event.

§BARTERNEXT will always be informed of these initiatives and will be guaranteed free access to each event, whether or not BARTERNEXT has contributed financially to the event.

§If the organizing affiliate asks for a financial contribution from the members, this contribution may never exceed the sum of 100 EUR per member, including meals.

§4. an affiliate who registers for an event agrees to participate except in cases of force majeure.

§BARTERNEXT may ban from the event organization system any affiliate who does not respect its participations or organizations.

§6 The affiliate who organizes an event cannot cancel it without the agreement of BARTERNEXT. which, in case of refusal, can take over the organization.

A. The usual price.

 §1. the Affiliate undertakes to offer its goods or services at the price at which it normally charges them and acknowledges that this is essential to the proper functioning of the network.

§If an affiliate is found to have increased his prices within the network, BARTERNEXT will be able to reduce his barter account balance according to the increase noted and this on the basis of the totality of the transactions already executed since his affiliation to the network.

§The amount of this difference will then be paid into the network's guarantee fund.

For example: if an affiliate sells an item for $110 in exchange when he normally sells it for $100, this is an increase of 10%.

If this same affiliate has sold, over the duration of his affiliation to the network, a total of 15,000 B€, his balance will be reduced by 1500 B€, i.e. 10% of 15,000 B€, which will be paid into the BARTERNEXT guarantee fund, and therefore to the benefit of all the affiliates, in order to re-establish an economic balance in the network

B. Active participation.

 §1. the affiliate commits to using the BARTERNEXT network in an active and positive way within his company.

C. The B€ and the CB€ is a unit of exchange.

 §The Affiliate agrees not to use the B€/CB€ other than within the network for the purpose of exchange. It is therefore strictly forbidden to buy or sell B€/CB€.

§To this end, each transaction must correspond to an economic reality (provision of a service, sale of goods, down payment on a signed contract). It is expressly forbidden to make payments on behalf of third parties.

§BARTERNEXT shall have the right to demand the presentation of such documentary evidence and to suspend any suspicious transaction pending the presentation of such documentary evidence.

§The Affiliate is always obliged to accept B€ as payment for a purchase according to the agreed percentage and limits. However, he can limit the transaction amount to a maximum amount in B€ per transaction. (see exchange rate)

In case of persistent refusal, BARTERNEXT will be able to terminate the affiliation contract without indemnity or notice. In the event of a positive balance in the account of the affiliate whose contract is terminated in accordance with this article, the entire account will be transferred to the guarantee fund.

D. Not exceeding the credit line.

 §The Affiliate agrees not to exceed the exchange credit line granted at the time of enrollment.

§If, however, the credit line is exceeded, the Affiliate agrees to pay off the negative balance by making his next transactions 100 % in exchange for VAT included.

§In addition, in the event that the credit line is exceeded, a fee of 10% of the amount of the overrun may be charged to the Affiliate by the Management Entity. This item will be invoiced under the heading "Clearing Memo REF [[Transaction No.]]".

E. Confidentiality Clause.

§1. confidentiality is applied to the data of the intranet, the Barter account, as well as to any listing of affiliates and any other data that may have been collected through the network. The affiliate therefore expressly undertakes not to use, privately or commercially, these data, nor to transfer them to a third party.

 §2 In the event of failure to respect the confidentiality of information collected within the network, the affiliate will be expelled from the network, and on the one hand, will be liable for a fine equivalent to 36 months of average monthly turnover, and on the other hand, will lose the possible balance Barter euros, which will be automatically transferred to the Guarantee Fund.

F. The use of a distinctive logo.

 §1 The Affiliate agrees to display a "BARTERNEXT Welcome" sticker in its window and a "BARTERNEXT Affiliate" logo on its website.

§He also undertakes to put a link on his website to the BARTERNEXT website, the said link will be provided by the BARTERNEXT management body, with the display of the logo.

G. General Commitment.

 §1. the affiliate undertakes not to harm in any way the reputation and the good functioning of BARTERNEXT, and this also during a period of 24 months after the end of his affiliation if it expires.

§The affiliate undertakes never to carry out a transaction outside the network with another affiliate of the network, except with the express, prior and written authorization of BARTERNEXT.

H. Annual Report

§1. the affiliate undertakes to send, before May of each year, a declaration on his honor of correct tax declaration of the turnover made in exchange for the previous year.

§If the declaration is not submitted in time, BARTERNEXT may refuse free tax assistance (limited to the duplication and electronic transmission of available evidence) to the affiliate who must submit to an audit.

§The declaration, pre-filled on the BARTERNEXT website, must include: the total sold and the total purchased and must include the terms "Carried out in accordance with the tax regulations in force in my country of registration", under penalty of the declaration being declared null and void.


A. The provision of the network.

§BARTERNEXT undertakes to make the network available to any affiliate, without any guarantee as to the result.

§BARTERNEXT does not intervene in the rights and obligations of the affiliates among themselves and is in no way a direct or indirect party to the contracts formed between them, so that BARTERNEXT cannot be held responsible for the services provided by the affiliates among themselves.

B. Recording of transactions.

BARTERNEXT manages the registration of transactions on the accounts of its affiliates and animates the network by supporting the affiliates in their search for suppliers and customers by providing them with its platform.

C. Misuse of means of payment.

 BARTERNEXT is not responsible for the loss, misuse or counterfeiting of BARTERNEXT payment instruments. BARTERNEXT must be informed immediately in the event of any such complaint or proceedings.

A. The amount of the premium option 

§A premium option is available for affiliates who wish to use this service, which is invoiced at the rate indicated on the BARTERNEXT website rates page

§2 This amount is composed of an additional monthly fee and an activation fee.

§This option can be withdrawn by the member at any time, and at the time of withdrawal of the option, he loses the advantages of the option (dedicated broker, larger exchange credit line, ...)

B. Billing.

 §An invoice is issued by the Management Authority for the previous period's options and will be sent by email, regular mail or fax.
§Any invoice which is not contested by registered letter within 15 days of its dispatch shall be deemed to have been accepted.
§3 Invoices are payable in cash and without discount unless otherwise agreed.

C. Interest for late payment, penalty clause and freezing of the account 

§Any sum not paid on the due date will be increased by right and without prior notice of default by an interest of 1% per month of delay, it being understood that any month started is due, as well as a penalty clause of 10% of the outstanding amount, with a minimum of 150 €, without prejudice to all other damages suffered, including the costs of reminder or defense.

§2 Late payments shall be applied first to the reimbursement of interest, then to the payment of costs and finally to the payment of the principal of the invoice concerned.

§For any payment reminder, whether by mail, e-mail, SMS or telephone, a flat fee of 15

will be charged to the member.

§In case of non-payment of one or more invoices, the affiliate's Barter account may be blocked until full payment is made. Likewise, the management body may refuse to assist the Affiliate in the use of his Barter account until the outstanding amount has been settled.

D. Bank account and billing account 

§1 Direct debit or payment by credit card (or any other direct debit method accepted by the management body) is mandatory. 

§2. postal accounts or bank accounts with a balance of less than 1000 € at the time the direct debit is established are not authorized.

§In case of cancellation of the direct debit or revocation of the credit card, the account of the member will be immediately suspended by the Board of Directors of BARTERNEXT or by its delegate if §1 applies to the member. If applicable, the account will only be reinstated after a favorable decision by the BARTERNEXT Board of Directors, which may also exclude the Affiliate for this reason.

§4 Section 8.04 §1 does not apply to companies with a share capital of more than 5 (five) million euros.

§If a direct debit or collection request is declined by Affiliate's bank or card issuer, Affiliate will be charged a fee of €15 per declined direct debit to cover bank rejection fees.

E. The billing account 

§All payments made by the affiliate concerning his invoices, VAT on purchases in B€ from the management body, etc., are charged to an "invoice account" that can be consulted online on the BARTERNEXT website and allows the affiliate to follow the payment of his invoices.

§In the event of a direct debit error where the member has not exercised his/her right to object to the debit within the legal time limit of 8 weeks (SEPA Directives as of 28/01/2008) and in the event of the issue of credit notes, whatever the reason or the party involved, the member will not be reimbursed but the sums concerned will remain in his/her account to be credited to the following invoices of the management body.

§The positive balance in this billing account may bear interest at 5% per annum payable to the Affiliate.

§In the event of termination of membership, any amounts remaining in the account after 2 months will be refunded to the member.


A. The purpose of the Guarantee Fund. 

The financial stability of the BARTERNEXT network is ensured by a Guarantee Fund whose sole purpose is to cover the non-recoverable negative balance of BARTER accounts.

It may also be used to cover a negative balance of a deceased member or a member with a permanent work disability.

B. Funding of the Guarantee Fund. 

§(1) The Guarantee Fund shall be funded by a withdrawal from each Affiliate's Network barter account in an amount determined by the following formula:

Amount paid to the guarantee fund=The deficit of the guarantee fund at the time of the withdrawal divided by the number of members at the time of the withdrawal.

§A provision of 0.5% is taken in B€ or CB€ on each transaction, at the seller's and the buyer's.

§The amounts paid by the members to the guarantee fund remain with BARTERNEXT. 

C. Management of the Guarantee Fund.

§The Guarantee Fund is managed by the Board of Directors of BARTERNEXT.

§The allocation of the Fund for the past year is presented at the General Assembly.

A. The desire to disaffiliate from the network.

§1. the modalities of resignation, withdrawal of shares and exclusion are governed by articles 13 and 14 of the articles of association of BARTERNEXT Ltd.

§The Affiliate who wishes to terminate the contractual relationship may do so by notifying us via the form provided on the intranet and by giving us one month's notice.

§During his notice period, he will still be required to accept payments in B€.

§4 At the time of resignation or exclusion from the network, if the member's Barter account has a positive balance - calculated after deduction of the invoices of the managing body or the delegated managing body that are still due - the member undertakes to use this balance with other BARTERNEXT members within 3 months of the date of cessation of the membership. If the deadline is not met, the balance will be transferred to the guarantee fund by right and without any possible dispute.

§5. in the event of resignation or exclusion from the network in the event of a negative balance on the Barter account, the affiliate undertakes to deliver goods or provide services accepted by BARTERNEXT for the equivalent value at the normal invoice price, up to the amount of the negative balance; if this is not possible, the affiliate undertakes to pay the equivalent value in euros into the account of BARTERNEXT, at the latest one month after the date of termination of the affiliation.

§The member is deemed to have resigned in the event of pension, retirement or cessation of activity.

B. Termination of the contract to the detriment of the member.

 

§1 BARTERNEXT can terminate the contract for good reason. For example, the following may be considered as just cause

  • any violation of the present internal regulations or the BARTERNEXT statutes;
  • Failure to comply with the decisions of the general assembly or the board of directors;
  • non-performance of an obligation to another Affiliate;
  • unjustified refusal to provide an exchange of services;
  • Exceeding the swap line of credit;
  • misuse of Barter payment methods;
  • the non-application of normal market prices in BARTERNEXT transactions;
  • - ...

§The contract shall be deemed to be terminated to the detriment of the member in the following cases:

  • for individuals :
    • death,
    •  the ban,
    •  the declaration of incapacity,
    •  the discomfiture.
  •  for legal entities :
    • dissolution,
    • the application for composition or judicial reorganization,
    • bankruptcy.

§When the affiliation contract is terminated at the affiliate's fault, the affiliate will be liable for a compensation equivalent to 2% of the sum of the transactions (entries + exits) that have been registered on his account since the beginning of his affiliation with a minimum of 1000 €.

§If the balance of the Barter account is positive at the time of the termination of the contract at the fault of the member, it is automatically transferred to the BARTERNEXT Guarantee Fund. On the other hand, when the balance of the Barter account is negative, except in the case of death, in which case the Guarantee Fund intervenes, the member undertakes to pay the equivalent value in euros into the account of the management body at the latest one month after the termination of the contract to the detriment of the member.

C. Termination of the contract at the initiative of BARTERNEXT 

§1 BARTERNEXT can terminate the contract if BARTERNEXT receives repeated complaints from other affiliates about the quality of the products and services offered by the affiliate, or if the climate of collaboration with the affiliate, based on trust, seems to have broken down and is impossible to establish.

§In this case, the affiliate is considered to have resigned, as if he had given notice of his resignation, on the day that BARTERNEXT notifies him, by registered mail, of its intention to terminate the affiliation to the network.


A. Notifications.

§Any communication by BARTERNEXT will be made at the domicile or registered office of the member or by e-mail to the address given by the member to BARTERNEXT or as mentioned in the affiliation contract.

§Any change of domicile or registered office must be immediately notified to BARTERNEXT, failing which BARTERNEXT will continue to validly send its communications to the address specified in the affiliation contract. This notification can only be made by intranet or registered mail.

B. Mandate.

The affiliate mandates the BARTERNEXT board of directors to sign the register of associates on his behalf upon admission, transfer, disaffiliation and automatic termination of the affiliate to the network.

C. Notices of General Meetings.

 §1 Invitations to the general meetings of BARTERNEXT, mentioning the agenda of the general meeting, will be made by publication of a notice on the BARTERNEXT website and by mail or e-mail at least 15 days before the date of the general meeting.

§2 The invitation shall be presented at the entrance to the meeting.

D. Applicable law in case of dispute. 

§1. these rules are subject exclusively to Belgian law.

§2 The parties may request, prior to the arbitration, that a mediation be organized by the CHAMBRE D'ARBITRAGE ET DE MÉDIATION ASBL (www.arbitrage-mediation.be). The cost of the mediation is divided equally between the parties.

§Any dispute shall be submitted, at the request of the most diligent party, to the arbitration of the CHAMBER OF ARBITRATION AND MEDIATION ASBL (www.arbitrage-mediation.be) in accordance with its rules.

§4 The mediation and arbitration procedures will be conducted in French.

E. Reserve Clause.

If any provision of these rules is declared null and void, such nullity shall not entail the nullity of these rules as a whole but only of the provision in question. It is expressly agreed that in the event of the invalidity of one of the clauses of these rules of procedure, it will be necessary to investigate the common intention of the parties pursued by this clause at the time of signing the contract.

F. Entry into force of these by-laws.

 These bylaws shall come into effect on February 1, 2022 and shall replace all previous bylaws.

G. Possibility to leave the network in case of disagreement with the present R.O.I.

The affiliate who does not agree with the present regulations may disaffiliate from the network under the provisions of the former internal regulations within 15 days of the publication of the present regulations on the BARTERNEXT website.