EXPENSYA – GENERAL TERMS OF SERVICE (PRO AND PRIVATE CUSTOMERS)
LEGAL TERMS AND CONDITIONS OF RESPECT FOR PRIVACY
ARTICLE 1-LEGAL TERMS AND DEFINITIONS1.1
The present general terms and conditions for the use of the services (hereinafter, the "General Terms and Conditions") are provided by EXPENSYA (hereinafter, still referred to as the "Company" or the "Service Provider"), a public limited company with a capital of 99 039,28 euros, whose headquarters are located 7, rue du 4 Septembre, 75002, Paris, France, identified under number 810 794 610, Paris Trade Registry.1.2
Its telephone number not overcharged is +33 1 85 09 28 40, its e-mail address is firstname.lastname@example.org and its individual intra-Community VAT identification number FR08810794610.1.3
The Company is owner and editor of the web site https://www.expensya.com as well as the application "Expensya" available on Android and iPhone (thereafter, the "Site"). The Site is hosted by Microsoft Ireland Operations Limited, subsidiary of Microsoft Corporation, The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin, 18, Ireland, reachable at: 353 1 295 3826.1.4
The publication director is Mr. Karim Jouini.1.5
The Website offers the customer (hereinafter, the "Customer") the possibility of using Expensya's services as paid subscriptions (with a 30-day free trial offer in most cases). These services consist in enabling the Client and its employees to manage and account for professional expenses in a practical and simple manner (the "Services").1.6
Before any attempt to use the Website, the Client must ensure that he has the technical and computer resources enabling him to use the Website and order the Services of the Website, and that his browser allows secure access to the Website. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and free of viruses.1.7
The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Company, the sole owner of the intellectual property rights to this content. Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.1.8
Cookies and statistical tools
In accordance with CNIL Decision No. 2013-378 of 5 December 2013, the Company also informs Customers that cookies record certain information that are kept in the computer equipment/materials memory. This information is used to improve the use and operation of the Website and the Company's other services. An alert message prompts each person visiting the Website beforehand to confirm that he/she wishes to accept cookies. These cookies do not contain confidential information about Customers.1.8.3
The Customer going to the home page of the WebSite will be informed:
- The precise purposes of the cookies used;
- The possibility of rejecting these cookies and changing the settings by clicking on a link in the banner;
- And of the fact that the continuation of its browsing is equivalent to agreement to the deposit of cookies on its device.
To ensure the Client's free, informed and unambiguous consent, the blindfold will not disappear until the Client continues to browse.1.8.5
Without the Client's prior consent, cookies will not be stored and read:
- If the Client visits the Website (home page or directly on another page of the Website) and does not continue browsing: a simple lack of action cannot be assimilated to an expression of will;
- Or if he clicks on the link in the banner allowing him to set cookies and, if necessary, refuses to accept cookie.
ARTICLE 2 - INTEGRITY2.1
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the sale of the Services offered by the Service provided to the Client, whether such sale takes place online or by any other direct or remote means.2.2
These General Terms and Conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the Client is deemed to accept them without reserve.2.3
These General Terms and Conditions prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reserve, to all services provided by the Service provider to Clients of the same category.2.4
The Service Provider and the Client agree that these General Terms and Conditions exclusively govern their relationship. The service provider reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.2.5
If a condition for the provision of services is not met, it will be considered to be governed by current practices.2.6
These General Terms and Conditions of Services are communicated to any Customer who so requests, in order to enable him to place an order.2.7
The Service provider shall be entitled to derogate from certain clauses hereof, depending on the negotiations conducted with the Client, by establishing specific conditions of sale, in particular under the terms of an estimate accepted by the Client.2.8
These Conditions only apply to services performed in France for Clients located on French territory. For any service performed outside France, or for a Client located outside France, it is advisable to report it in order to obtain a quote and specific conditions.
ARTICLE 3 - SERVICES
These General Terms and Conditions concern the following Services: provision of a service for the management and accounting of business expenses of company employees, available on the Website (expensya.com) and on the mobile application Expensya.
Expensya also offers [, in partnership with the [CDC]] a probative archiving service for Client data and document.
ARTICLE 4 - INFORMATION ON SERVICES
The services governed by the present General Terms and Conditions are those which appear on the Service provider's Website and which are indicated as being performed by the Service provider or under its control. They are offered within the scope of the Service Provider's availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this submission, the Service Provider may not be held liable for.
ARTICLE 5 - ORDER
The Customer places his order online, from the online catalogue and using the form on the Website.
For the order to be confirmed, the Customer will have to accept, by clicking on the place indicated on the Website, the present General Conditions. Its acceptance will result in the sending of a confirmation email from the Service provider, in accordance with the conditions described below. The order will then be considered complete.
Orders for Premium or particular Services are made by contacting the Service Provider's sales department (by telephone: +33 1 85 09 28 40 or email: email@example.com), which will draw up and submit a quotation to the Customer, the acceptance and signature of which with that of these General Terms and Conditions shall constitute a final order.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular non-payment, incorrect address or other problem on the Customer's account, the Service provider reserves the right to suspend the Customer's order until the problem is remedied.
In the event that it is impossible to carry out the service, the Client will be informed by e-mail and, if possible, referred to a specific service proposal.
The cancellation of the order of this service and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the Customer has a free online chat service with Expensya's customer service, open from 9am to 6pm. The Client may also exchange by email with the Service Provider at the following address: firstname.lastname@example.org.
The contractual information will be confirmed by e-mail at the latest at the time the services are started, to the address indicated by the Client in the order form or quotation accepted.
ARTICLE 6 - ELECTRONIC SIGNATURE / PROOF OF THE TRANSACTION6.1
For Services subscribed online, the online provision of the Customer's bank details and the final validation of the order shall be deemed proof of the Customer's agreement and shall be deemed to be:
- Requirement to pay the amounts due under the purchase order;
- Signature and explicit acceptance of all operations carried out.
In the event of fraudulent use of bank details, the Client is invited, as soon as this use is noted, to contact Expensya customer service.6.3
The computerised registers, kept in the Service Provider's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 7 - PRICE7.1
The total amount of the Services subscribed is indicated in the summary of the order or quotation, before the Customer accepts these General Conditions, validates his order, enters and validates his invoicing details and makes the payment. This total amount is indicated in euros, excluding and including all taxes.7.2
Expensya has the right to review its prices and implement them for each new order of Services, particularly at the end of a subscription.7.3
Standard subscription prices
The prices of the standard Services offered for direct online ordering are mentioned on the Website in the descriptions of the Services, in euros and excluding tax and all taxes included, at the following address: https://www.expensya.com/en/rates.7.4
Premium subscription prices
Quotations in response to requests for Premium Services (particularly for SMEs and large companies) or additional services (integration, developments, etc.) are based on the services subscribed and the number of employees of the Client benefiting from the services, as well as the settings requested, the experience of the personnel required, the level of competence and responsibility required; hourly rates are periodically reviewed.
Travel, subsistence and accommodation expenses incurred in the performance of the services will also be invoiced, if applicable. VAT at the current rate is added, where applicable, to fees and disbursements.
Delays or other unforeseen problems, beyond the control of the Service provider and beyond its control, may result in additional fees that may be subject to additional invoicing. The Service Provider undertakes to inform the Client of these delays and/or problems as soon as they occur in order to be able to evaluate their consequences with him.
Invoices will be issued corresponding to the services provided and the disbursements incurred in advance and as they are carried out.
Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due upon receipt [and is normally made by direct debit].
ARTICLE 8 - TERMS AND CONDITIONS OF PAYMENT8.1
The purchase of the Services on the Website is payable in euros.8.2
The order for Standard Services is payable in cash on the day the services ordered are provided:
- In full for a period of one or two years or
- In monthly instalments.
Orders for "Premium" Services or on quotation are payable with a 50% deposit at the time of order, and the balance when the Services are made available or at the end of their execution.8.4
For payment by credit card, the Website uses the security systems of Payline, Stripe, and Gocardless, service providers specialized in securing online payment. This system guarantees the Client the total confidentiality of his banking information. The credit card transaction, carried out between the Client and the secure system, is therefore fully encrypted and protected. This means that the information related to the Order and the credit card number do not circulate on the Internet. The Client's bank details are not stored electronically by Expensya.8.5
The Client guarantees Expensya that it has the necessary authorizations to use the payment method when placing the Order.8.6
Expensya has the right to suspend or cancel any performance of the Service, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Customer to Expensya, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website and payment for an Order.8.7
Late payment fees
In accordance with the law, any delay in payment obliges the Service provider to charge interest for late payment at the rate of three (3) times the legal interest rate; in addition, the Service provider shall be entitled to suspend the execution of the services until full payment of the unpaid invoice without this non-fulfilment being considered as attributable to it. Any delay in payment shall result in the immediate payment of all sums due to the Service provider by the Customer, without detriment to any other action that the Service provider may take against the Customer in this respect.8.8
No discount is provided for the benefit of the Client in the context of payments.
ARTICLE 9 - GUARANTEES - GENERAL
Expensya, a public limited company, with a share capital of 99 039,28 euros, whose headquarters are located at 7 rue du 4 Septembre, 75002 Paris, registered under number 810 794 610, RCS Paris, represented by its Chairman, guarantees the conformity of the services to the contract, allowing the Client to make a request under the legal guarantee of conformity provided for in Articles L. 217-11 and following of the consumer code or the guarantee against defects in goods sold under the terms of Articles 1641 and following of the Civil code.
This guarantee covers defects in compliance or hidden defects resulting from a defect in the design or performance of the services ordered under the conditions and in accordance with the procedures defined in the appendix to these General Conditions.
The Client must inform the Service Provider of any defects and/or lack of compliance within a maximum period of eight (8) days from the date of provision of the Services.
The defects and/or deficiencies noted will give rise to rectification, and if the Service Provider considers it impossible to rectify them, to reimbursement, within a maximum period of one month.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid for by the Client and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure.
ARTICLE 10 - DURATION OF THE CONTRACT
The contract subject hereof is concluded for the duration of the subscription and any additional services. This period is mentioned in the order and its confirmation, as well as in the quotations.
The contract terminates at the end of this period.
The Customer may subscribe to a new Service Agreement. To benefit from a continuity of Services, the Customer is invited to place his order as soon as possible, and at least one month before the end of the current contract. The customer can choose automatic renewal on the Website.
ARTICLE 11 - DEADLINES FOR THE EXECUTION OF SERVICES
Except in cases of force majeure or during periods of closure clearly indicated on the Website's home page, the deadlines for action will be as indicated below, within the limits of the Service provider's availability.
The execution times start from the date of registration of the order indicated on the order confirmation email.
For orders placed entirely via the Website, the delay is immediate from the date of the order and its payment due at the time of ordering. To do so, simply login with your username and password to the Website or Expensya's mobile application.
For orders on quotation, services and access to the Services are provided within the time limits stated in the special conditions of the quotation (or the corresponding ad hoc contract).
In the event of delay, the Service Provider may not be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever may be made by the Customer.
In case the Service provider is unavailable to provide the service, the Customer will be informed as soon as possible and will have the opportunity to cancel his order. The Client will then have the possibility to request a refund of the sums paid within 30 days at the latest of their payment.
ARTICLE 12 - OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the terms of the contract. To this end, the Service Provider shall assign to the performance of the services professionals with the necessary skills to ensure that they are performed in accordance with its quality standards.
ARTICLE 13 - STAFF OF THE SERVICE PROVIDER
By virtue of the hierarchical and disciplinary authority that it exercises exclusively over its staff, the latter will remain under the effective control of the Service Provider during the full performance of the services.
In the event of intervention on the Client's premises, the Service Provider undertakes to comply with the health and safety obligations, the content of which the Client will inform it off, provided that its personnel are granted the same protection as that granted to the Service Provider's employees.
The Service Provider guarantees the lawfulness of its staff's situation with regard to Articles L. 1221-10 et seq. and L. 3243-1 and following the Labour Code. The Service Provider also certifies that it complies with the provisions of Articles L. 8221-1 and L. 8221-2 of the Labour Code, relating to the protection against hidden work, as well as with the provisions of Book III, Title IV of the Labour Code.
During the duration of the services and for a period of one year after its completion, the Client undertakes not to seek or attempt to poach (or help any other person to seek or attempt to poach) any employee of the Service Provider with whom he has been in touch in the course of the performance of the services. In the event of a breach, the Client shall be liable to the Service Provider, as a penalty clause, for compensation equal to one year of the last gross salary of the person thus impounded.
ARTICLE 14 - CUSTOMER OBLIGATIONS14.1
In order to facilitate the proper execution of the services, the Client undertakes:
- To provide the Service Provider with complete, accurate and timely information and documents without requiring the Service Provider to verify their completeness or accuracy;
- To make decisions in a timely manner and obtain the necessary hierarchical approvals;
- To appoint a correspondent with decision-making power;
- To ensure that key contacts and the correspondent are available throughout the execution of the services;
- To inform the Service Provider directly of any possible difficulties relating to the performance of the services.
Services on quotation
Any services to be performed at the Client's premises pursuant to an estimate or special conditions agreed between the Parties shall be performed at the address indicated by the Client on the contractual document countersigned by the Client. The Customer shall ensure its accuracy. Any travel in pure loss of the Service Provider due to an incorrect or incomplete address will be invoiced to the Customer. The Customer may indicate in his order an invoicing address different from the address where the services are performed.
The Client shall ensure that the Service Provider is given access, in particular if he is not personally present on the day the service is provided.
The termination of the service will be recorded by an end of intervention document. The Client must indicate on this document and in the form of handwritten reservations accompanied by his signature any discrepancy concerning the service or the conditions of its execution.
This verification is considered to have been carried out as soon as the Client, or a person authorized by him, has signed the document at the end of the intervention.
ARTICLE 15 - CUSTOMER'S OBLIGATIONS REGARDING PERSONAL DATA15.1
In the course of its activity, the Service Provider may collect personal data, in particular those of its counterparts from the Client, as well as from the Client's employees.
Expensya is thus required to collect on the one hand,
- the surnames, first names and professional contact details of the interlocutors with whom it works; but also
- data related to the management of the professional expenses of the Customer's employees, such as their travel and catering expenses, the means of payment used to pay the expenses, and any information of any kind whatsoever necessary for the management and reimbursement of expenses.
The processing of this data is necessary for the provision of the services mentioned herein. The Client is also informed that the Service Provider has the right to transfer the data collected to its subsidiary based in Tunisia, in particular, to allow the processing of service requests.
If necessary, the data transmitted to the Service Provider's Tunisian subsidiary are transmitted within the framework of the Binding Company Rules concluded between the Service Provider and its subsidiary.
The data are kept for as long as the Contract is in force and for a period of three months from the date of its termination.
The data are then filed and can only be returned in case of litigation, for the duration of the legal prescription period.
If the Client has subscribed to this service, the data may also be electronically filed with a trusted third party.
Each individual, representative or employee of the Client has the right to access, modify, rectify, delete and, where applicable, transfer personal data concerning him/her, in accordance with the provisions of the law relating to data processing, files and freedoms of 6 January 1978 in its version in force on the date hereof, and in accordance with the General Data Protection Regulations (GDPR).
In the event of any difficulty in connection with the management of his or her personal data, the data subject has the right to submit a complaint to the CNIL or to any competent supervisory authority.
When the Service provider acts as Data Controller, the right of access, modification, rectification and deletion provided for in the previous paragraph shall be exercised with the customer service at the following email address: email@example.com.
The Service Provider has also appointed VIRTUAL DPO as the outsourced Data Protection Officer.
If you have any questions, you can go directly to our delegate's website or contact him by downloading the contact form from www.virtual-dpo.fr.
When the request for access, modification, rectification or deletion is addressed to the Service Provider in its capacity as subcontractor of the data collected by the Customer, the Service Provider shall apply the procedures provided for by the Customer, subject to their compliance with the applicable regulations and their prior notification to the Service Provider.
The Client acknowledges explicitly - on behalf of its representatives and employees - that once it has shared content with a third-party application or server, the Service Provider is no longer responsible for the execution of the right to delete on these third-party applications. The person concerned will have to contact the editors of the applications through which he or she has shared the content in order to exercise his or her right to erase.
The Service Provider undertakes to inform the Client as soon as possible in the event that it is informed of the existence of a breach of the personal data communicated by the Client, if such breach is likely to have consequences on the privacy or freedom of employees or representatives of the Client.
In turn, the Client expressly confirms to the Service Provider that all personal data entrusted to it by the Client for processing, with a view to managing the expense reports of its employees in its name and on its behalf, has been collected in accordance with the regulations applicable at the time of their collection. In this respect, the Client shall provide, at the request of the Service Provider, all relevant information as soon as possible, making it possible to demonstrate compliance with the regulations and attesting to the consent of employees to the collection of their data.
As such, the Client guarantees the Service Provider against any recourse, complaint or claim from a natural person whose personal data is reproduced and hosted via the Application Service.15.2
The Client is responsible for any editorial responsibility for the use of the Application Services.
The Client is solely responsible for the quality, lawfulness and relevance of the data and content it transmits for the purpose of using the Application Services. It also guarantees to be the owner of the intellectual property rights allowing it to use the data and content. Consequently, the Service Provider declines all responsibility in the event of non-compliance of the data and/or content with laws and regulations, public order or the needs of the Client.
The Client guarantees the Service Provider at first request against any damage resulting from a third party's claim for a breach of this guarantee.
Generally speaking, the Customer is solely responsible for the content and messages broadcast and/or downloaded via the Application Services. The Customer remains the sole owner of the data constituting the content of the Solutions.15.3
Subject to the "Liability" Article, the Service provider undertakes to safeguard the integrity and confidentiality of the data contained in the Solutions. The Service provider shall put in place technical and organisational measures to prevent any access or fraudulent use of the data and to prevent any loss, alteration or destruction of the data.
In the event of a proven breach of security of the data for which it is responsible, it will inform the Client responsible for processing as soon as possible in order to enable the latter to fulfil its obligation to notify the persons concerned and the CNIL.
ARTICLE 16 - CONFIDENTIAL INFORMATION AND PUBLICITY16.1
Each party undertakes not to disclose confidential information received from the other party.
Confidential information refers to information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each party. Subject to the exceptions referred to below, this confidentiality obligation shall remain in effect for a period of ten (10) years following the termination of the benefits. The content of the services as well as the reports, letters, information, notes, quotations provided by the Service Provider during the performance of the services shall also be confidential. These documents are communicated to the Client for strictly internal use and on condition that they are not disclosed to third parties or attached to a document that the Client may produce. If the Client wishes all or part of these documents to be disclosed to and/or used by a third party, he must request prior written authorization from the Service Provider. The terms and conditions applicable to this disclosure will then be determined.16.2
The obligations and restrictions set out above do not apply:
- To confidential information that is in the public domain, or has been freely acquired before the start of the service;
- Are or become known otherwise than as a result of a violation of this section;
- Are or become known from other sources not subject to disclosure restrictions;
- Or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to its obligations of confidentiality, the Service provider reserves the right to perform services for companies competing with the Customer's.16.3
The Client acknowledges and accepts:
- That the parties may, unless otherwise expressly requested by the other party, correspond or transfer documents by electronic mail circulating on the Internet network;
- That neither party has control over the capacity, reliability, access or security of these emails;
- That the Service Provider shall not be liable for any loss, damage, expense or damage caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any event whatsoever. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of 6 January 1978 on data processing, files and freedoms
ARTICLE 17 - INTELLECTUAL PROPERTY
In the event that one of the Service Provider's recommendations or the use of elements delivered as a result of one of its recommendations involves the use of goods, models, drawings, photographs, etc. that are the subject of intellectual property rights belonging to third parties, the Service Provider shall inform the Client of the existence of these rights and the consequences of their use. It shall then be the Client's sole responsibility to take any measure allowing the use of such rights, in particular by negotiating on its own behalf the rights of use under conditions such that the Service Provider is able to avail itself of them for the purposes of the services.
For the specific needs of the services, the Service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In some cases, this assistance may be made available to the Customer upon request. Insofar as these tools have been developed specifically for the needs of the Service Provider and without regard to the Client's own needs, they are made available to the Client as they stand and without any attached guarantees, for use only; they may not be distributed, shared or communicated to third parties, in whole or in part. This temporary provision will not entail any transfer of rights or guarantees, whatever the title, to the benefit of the Client or the third party.
The Service provider reserves all right, title and interest in:
- The original elements contained in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc. carried out in the context of the services, including, but not limited to, any copyright, registered trademark and any other intellectual property rights relating thereto and ;
- All methods, processes, techniques, developments, and know-how, whether or not incorporated in the services or that the Service provider may develop or provide as part of the services.
The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the Service Provider and integrated into its work. The Client undertakes not to distribute, market, and more generally to make available or grant the use of these same works and more generally to grant the use of these same elements to third parties without the Service provider's consent.
Neither party may mention or use the other party's name, denomination, trademarks and logos or other designations, commercial or not, without the prior written consent of the other party.
Notwithstanding the foregoing, the Service provider may use the name, denomination, trademarks and logos of the Customer during the term of the contract to the extent that is strictly necessary for the performance of the services, including in subsequent service proposals.
In addition, the Client authorises the Service Provider, at the end of the performance of the services, to quote his name/denomination for reference purposes and to accompany this quote, where applicable, with a generic description of the services provided.
ARTICLE 18 - DOCUMENTS
The Service Provider shall keep the original documents provided to him, and shall return them to the Client, at his request. All documents, data or information provided by the Client shall remain the property of the Client.
The Service Provider shall keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared by the Service Provider as part of the services are its property and are covered by professional secrecy.
ARTICLE 19 - REVERSIBILITY
Reversibility occurs when the contractual relationship ceases regardless of the cause of the term. Reversibility aims to enable the Customer to recover all the data and information included in the solutions under the best conditions.
Where the Service provider's services have been subscribed in their basic version, i.e. as part of the standard packages offered online, reversibility is extremely simple, as indicated in section (1) of this article (below).
The data formats used by the Service provider to perform the Services and reversibility services are jpeg or png and Zip for images and Microsoft Excel and PDF for documents.
When, in response to the Customer's needs, the technology implemented is more complex (see section 2 below), involving, for example, converting the data format, verifying the integrity of the data and establishing a parallel execution mode until the conversion is completed, the Customer expressly agrees, and in advance, that the reversibility of its data is subject to a supplementary contract under the conditions specified hereunder ( Section 2).19.1
When the contract ends, for whatever reason, the Client has three (3) months to recover his data by downloading them from the Service Provider's platform directly via the option provided for this purpose by the Site.19.2
Customers benefiting from a contract concluded otherwise than by subscribing to the basic packages offered online and/or requiring assistance from the Service Provider in the recovery of their data may obtain the reversibility of their data under the following conditions:
Customers will have a period of three (3) months to contact the Service Provider in order to agree on the terms and conditions of the reversibility services and in particular the Service Provider's remuneration for this assignment based on the Service Provider's rate in effect at the time of notification of reversibility.19.2.2
In the event of termination of the contractual relationship, whatever the cause, the Service provider undertakes to return[or possibly destroy, at the Customer's choice],[free of charge or at the rate in force at the time of notification of reversibility], at the first request of the Customer made by registered letter with acknowledgement of receipt and within thirty (30) days of receipt of such request, all data belonging to it in jpeg or png and Zip formats for images and Microsoft Excel and PDF for documents.19.2.3
The Customer shall actively cooperate with the Service provider to facilitate data recovery.19.2.4
The service provider shall ensure that the Customer can continue to use the data, without interruption, directly or with the assistance of another Provider.19.2.5
During the reversibility phase, the commitment levels of [Quality Charter or SLAs] will be reviewed.19.2.6
Upon request and subject to additional invoicing, the Service provider may provide the service of reloading the Customer's data onto the system selected by the Customer, at the Customer's expense to ensure the full compatibility of the whole.19.2.7
At the Client's request, the Service Provider may provide additional technical assistance services to the Client and/or to the third party designated by him, within the framework of reversibility. These assistance services will be invoiced at the Service Provider's rate in effect at the time of notification of reversibility.
Customers who have subscribed to the probative value archiving service may recover the data from this archiving under the following conditions:
- Contact the Service Provider
- Contact CDC directly, subcontractor of the Service Provider
The Client may leave his data archived, the end of the contract with the Service Provider does not impact the legal archiving period of the supporting documents to which the Service Provider has committed itself.19.4
In the event of a tax audit, or for any other reason, the recovery of data by the Client may also take place at any time during the performance of the Contract, under similar conditions.19.5
The Client accepts that the Service Provider may keep his data after having made them anonymous for the strict purpose of improving the Service Provider's services.
ARTICLE 20 - INDEPENDENCE
In the event that a conflict of interest or independence issue arises during the performance of the services, the Service Provider shall immediately inform the Client and seek with him the most appropriate solution to the situation in compliance with the applicable rules. More particularly, if a change in regulations or professional standards prevents the Service Provider from continuing its services, it shall make the results of the services and all documents necessary for their completion available to the Client, including its current Documents, and this, in order to facilitate its prosecution by a third party.
ARTICLE 21 - LIABILITY OF THE SERVICE PROVIDER
The full liability of the Service provider and its employees for any failure, negligence or fault found in the performance of the services shall be capped at the amount of the fees paid for the services in question, in order to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes.
This stipulation shall not apply to liability for death or personal injury, nor to any other liability that cannot be excluded or limited by law.
The Service provider may only be held liable in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind whatsoever.
In addition, the Service Provider may not be held liable in the following cases:
- As a result of a breach or failure of a product or service for which it or its subcontractors are not responsible for the supply or delivery;
- For facts and/or data that do not fall within the scope of the services, and/or are not an extension thereof;
- In the event of use of the results of the services, for a purpose or in a context different from that in which they were provided, incorrect implementation of the recommendations or failure to take into account the Service provider's reservations.
The Service provider shall not be liable to its insurers for any indirect damage, loss of profit or loss of opportunity or expected profits, or for the financial consequences of any actions brought by third parties against the Client.
ARTICLE 22 - TRANSFERABILITY AND SUBCONTRACTING
The Service provider reserves the right to transfer all or part of the performance of the services to Service provider’s meeting the same qualification criteria.
If the service requires particular technical skills, the Service provider shall inform the Client of the possibility of subcontracting part of it. The subcontractor shall then act under the sole responsibility of the Service provider and shall undertake to keep confidential all information of which it has knowledge during the performance of the services.
ARTICLE 23 - CLAIMS
All claims, whether amicable or judicial, relating to the performance of the services must be made within one year of the end of the performance of the service.
ARTICLE 24 - RIGHT OF WITHDRAWAL AND TRIAL PERIOD
The Customer benefiting from the provisions of the Consumer Code has a period of 14 working days from the date of conclusion of the contract, i.e. acceptance of the present terms and conditions as part of his order, (Except tacit renewal) to cancel an order and request a refund without penalty.
The Customers benefiting from the right of withdrawal are:
- Consumers and
- Professionals when the contract is concluded off-premises, when it does not fall within the professional's main field of activity and when the number of employees employed by the professional is less than or equal to five (C. consom., art. L. 221-3).
However, this right of withdrawal is excluded for service contracts, the performance of which has begun, with the agreement of the Client, before the end of the withdrawal period
The Customer is informed that he or she may benefit from a free 30-day trial period of the Services (unless ordering additional services, such as training, special developments, etc.) starting at the same time as the right of withdrawal. Therefore, even if the 14-day withdrawal period is exceeded, the Customer may still, before the end of the 30-day period, waive the right to continue his or her experience with the Services, so that it does not cost him or her anything. To not proceed with the free trial, the customer has no action to take. If he wants to follow up, he can subscribe online or contact the sales department.
The right of withdrawal can be exercised online, using the retraction form available in Annex 1. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the Client. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to retract.
Professional Customers other than those referred to in the second paragraph of this article do not benefit from the right of withdrawal provided for by the Consumer Code. However, they benefit from the 30-day trial period offered by the Service Provider.24.1
In the event that the Customer has the right of withdrawal and decides to subscribe to the Services for a fee during the period of exercise of his right of withdrawal and pays for the Services on his own initiative (although offered free of charge for 30 days), the Service provider should reimburse the Customer for all sums paid, including delivery charges, without undue delay and at the latest within 14 days from the date on which he is informed of the Customer's decision to withdraw (C. Consumption, art. L. 221-24).
In accordance with Article L. 242-4 of the Consumer Code, when the Service Provider has not reimbursed the sums paid by the Consumer Client, the sums due are automatically increased:
- the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- By 10% if the delay is between 20 and 30 days,
- By 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- And five additional points for each additional month of delay up to the product price, then the legal interest rate.
ARTICLE 25 - MAJOR FORCE
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, shall be considered as grounds for exemption from the parties' obligations and shall entail their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the Customers.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the case of force majeure lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
ARTICLE 26 - PARTIAL NON-VALIDATION
If one or more provisions of these General Terms and Conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
ARTICLE 27 - NON-WAIVER
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question.
ARTICLE 28 - TITLE
In the event of any difficulty of understanding between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 29 - APPLICABLE LAW
These General Terms and Conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, the French text alone shall prevail in the event of a dispute.
ARTICLE 30 - DISPUTE RESOLUTION
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.30.1
Disputes with Customers – individuals
In the event of a dispute that may arise during the interpretation and/or execution of these General Terms and Conditions or in connection with them, the Client may decide to submit the dispute with the Company to a contractual mediation procedure or any other alternative dispute resolution method. In particular, the Client may contact the Centre de Médiation et d'Arbitrage de Paris, 39 avenue Franklin Roosevelt, 75008 Paris, 01 44 95 11 40, email: firstname.lastname@example.org.
In the event of failure of this mediation procedure or if the Client wishes to bring an action before a court, the rules of the Code of Civil Procedure will apply.
Litigation with Clients - professionals
If no amicable resolution is reached, the parties will submit the dispute to the Paris Commercial Court.
ARTICLE 31 - PRIVACY - PERSONAL DATA - COOKIES – SECURITY31.1
The Company attaches great importance to respect for privacy and takes all necessary precautions to ensure the confidentiality and security of Clients' personal data.31.2
The Company collects and processes Clients' personal data for the following reasons:
- Provision of products and services on the Site;
- Order Management;
- Management of the exercise of the right of withdrawal, payment, invoicing, etc..;
- Information on the Company, services, and activities of the Company;
- Answering any questions/complaints from Customers;
- Elaboration of statistics and improvement of the Service Provider's services (after anonymization);
- Management of requests for access, rectification and opposition rights;
- Management of unpaid debts and litigation.
More precisely, the Company collects and processes the personal data of Customers and users of its services in the context of the provision and improvement of its services, for the following purposes (i) and with the following means (ii), and for the following information (iii):31.4
To this end, the processing of Customer data is declared to the CNIL under number 2041064. The processing of anonymised data with a view to improving the Service Provider's Services has also been declared to the CNIL under number 208121531.5
Data relating to the management of Customers' personal data are kept for the strictly necessary legal period. They are only kept by the Service Provider for longer than this period after they have been made anonymous and for the purpose of improving its services.31.6
Customers' personal data are processed by the Company's sales department as well as by the Company's partner companies and subcontractors.31.7
The Company may also disclose personal data in order to cooperate with administrative and judicial authorities, in accordance with the Law.31.8
The Company takes care to secure Customers' personal data in an appropriate and appropriate manner and has taken appropriate precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.31.9
Responsibilities of Customers
- Customers acknowledge that the personal data disclosed by them are valid, up-to-date and adequate;
- Customers undertake not to infringe the privacy, image and protection of the personal data of any third party and thus not to communicate to the Company the data of third parties without their consent.
In the event of termination of the contract or closure of the account, the host must keep for one year from the day of termination of the contract or closure of the account the information provided when a contract (Order) is concluded by the Customer or when an account is created, namely:
- At the time of account creation: the login ID of this connection;
- Surname and first name or company name;
- Associated email or account addresses;
- Telephone numbers;
- The password as well as the data allowing it to be verified or modified, in their latest updated version.
Each computer connected to the Internet network has an IP address. As soon as a Customer browses the Site, the Company collects the Customer's IP address in order to analyse the traffic on the website and to monitor the Customer's activity on the Site in order to ensure that the Customer does not carry out any actions likely to affect the General Conditions of Use of the website.31.12
Finally, in accordance with the Data Protection Act of 6 January 1978, Customers have the right to access, rectify, delete and oppose for legitimate reasons the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: email@example.com
COOKIES AND STATISTICAL TOOLS
The Client undertakes not to compromise the security of the website. To this end, he undertakes not to proceed with any fraudulent access and/or maintenance in the Company's information system. Nor may the Client interfere with or hinder the Company's information system. Failing this, the Company may take any measure against it and in particular engage its criminal liability under Articles 323-1 et seq. of the Criminal Code.31.15
By ticking the box provided for this purpose or by expressly giving his consent for this purpose, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (information letter) which may contain information relating to his activity.31.15.2
When the Customer ticks the box provided for this purpose in the registration process on the website to place the Order, he accepts to receive commercial offers from the Company for products similar to those ordered.31.15.3
Subscribing members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each of the newsletters (newsletters).