The “Sindup®” website, available at “http://www.sindup.com” is published by Netprestation SARL , capitalized at € 30,000, whose registered offices are located at 9 Rue James Watt, 49070 BEAUCOUZE, FRANCE, and listed with the Commerce and Companies Registry of Angers, under No. 482506532. The publication manager is Mr Réault. These general terms and conditions are intended to define the conditions for subscribing to the features described below, the SINDUP monitoring and search engine: a strategic monitoring and business intelligence platform exclusively for professionals. These terms and conditions may be supplemented or amended, as appropriate, by special terms and conditions of use specific to certain features and certain access or payment methods.
Article 1 – Definitions
A Subscriber is any natural or legal person acting as a professional and who has, cumulatively: – Formalized a purchase order online at the website http://www.sindup.com site and/or a purchase order specific to certain services offered by request – has paid the sums owed under or the purchase order(s) formalized. Services are the various paid features on the SINDUP® site.
Article 2 – Acceptance of General Terms and Conditions
The features of the “Sindup®” monitoring and search engine subject to these terms of subscription are described in Section 3 hereof. For any order, the SUBSCRIBER thereby declares and acknowledges having read and accepted all of the terms hereof. Furthermore, logging in to any of the services offered on the “Sindup®” website shall imply an unconditional acceptance by the SUBSCRIBER of said site’s terms of service. Netprestation hereby reserves the right to amend these general terms and conditions of use, in whole or in part, at any time. It is therefore up to the SUBSCRIBER to regularly consult the latest version of the general Terms and Conditions available online at http://www.sindup.com/subscription-general-terms-and-conditions and the terms and conditions of use accessible athttp://www.sindup.com/legal-notices. The SUBSCRIBER shall be deemed to accept these latest versions with each new login to the site. In case of non-compliance by the SUBSCRIBER with these general terms and conditions of use, Netprestation shall have the option to discontinue the service under the terms laid down in Article 10 hereof.
Article 3 – Description of the services
The “Sindup®” website enables the SUBSCRIBER to access its monitoring and search engine, as well as to receive alerts based on the subscription plans chosen or on the purchase order(s) formalized. The services offered are the following: – Analysis reports: The SUBSCRIBER may have, online, in his/her user account, a dynamic summary, customizable and exportable in PDF format, which enables him/her to access an analysis of the subjects monitored, in the form of graphs and/or key information. – FilterLive™: The SUBSCRIBER may group together the news items related to the subjects chosen by folder, and then enable the automated detection and learning system. Each new news item matching the SUBSCRIBER’s selections will then be selected automatically by “Sindup®” and placed in the folder related thereto. The SUBSCRIBER can vary the level of relevance of his/her requests, stop the learning phase when he/she is satisfied with the results, or suspend the automated stocking of his/her folder for as long as he/she likes. The news items automatically listed by “Sindup®” are differentiated from articles manually sorted by a text mention. When learning is enabled, “Sindup®” adjusts its automatic selection criteria daily, against the corrections and additions made by the SUBSCRIBER. Thus, the service proposed makes it possible to automatically generate a “selection,” enabling the SUBSCRIBER to save time in searching for relevant information on a daily basis. However, since the criteria for selecting and sorting information are, in essence, subjective, the results cannot be guaranteed by “Sindup®”. – Filters: The SUBSCRIBER shall have the option to subscribe to a Search Filter service based on one or more keywords, predetermined source types. The research results obtained can be automatically stored in a monitoring folder. – users: The SUBSCRIBER shall have a number of users for logging in to the platform by subscription, or to receive alerts and newsletters. – Monitoring Folders: The SUBSCRIBER shall have the ability to create an unlimited number of monitoring folders. These monitoring folders are used to organize information by centers of interest. So, when a user identifies a relevant piece of information, it can be sorted into the folder of his/her choice. – Smart Folders: The SUBSCRIBER may have, depending on the offer subscribed to, a number of smart folders. Smart Folders are automatically stocked with information based on two features that can be combined: FilterLive™ or filters. Each smart folder includes a set of features, quantified on a flat-rate basis sufficient for the everyday use of the service, and the allocated resources can be increased by request. Thus, each smart folder allows you to: – Enable up to 10 alerts (1 trigger condition = 1 credit consumed per alert recipient) – Create 4 filters that stock a folder – Monitor and collect messages from social networks for 10 keyword phrases (1 key expressions 2 in social networks equals 2 key phrase credits consumed) – Monitor and collect consumer reviews from 5 sources (at a rate of one record per source, 1 record = 1 credit consumed) – Index up to 20 private streams – Store up to 100 MB of files. – Alerts: The SUBSCRIBER to the “Sindup®” website shall have a configurable alert credit allowing him/her to be notified by email when new relevant information is detected. – Advice and support by phone: This option enables the SUBSCRIBER, by a scheduled call of a maximum thirty minutes in length, to discover and understand the features he/she subscribes to. It can also be agreed upon with the SUBSCRIBER to have a customized training or support for his/her monitoring as needed (choice of on-site training, selection of a fixed period…) at a cost to be determined between “Sindup®” and the SUBSCRIBER. – Custom monitoring of sources (by request only): The Monitoring option shall be the subject of a specific description attached to the purchase order. – White label: The SUBSCRIBER may opt for the use of custom colors and a logo. The domain name itself can then be personalized. A mandatory login page is used to enter the dedicated, personalized space. – Monitoring of discussion forums, social networks and consumer reviews: By opting for this service, the SUBSCRIBER may monitor the discussion forums, social networks and customer reviews referenced by “Sindup®” through the subscribed alerts and filters. The SUBSCRIBER hereby acknowledges all of these services offered prior to any order, so he/she thereby declares to be fully informed of the characteristics and constraints of those services he/she chooses to subscribe to. By accepting these terms and conditions, the SUBSCRIBER also acknowledges that – He/she understands how the Internet works, its features as well as its limitations; – He/she is sure that the services chosen or are likely to meet his/her needs; – He/she knows and is aware that data transmissions on the Internet cannot have absolute security; – He/she knows and is aware that Netprestation does not control and is not responsible for possible network saturation at certain peak periods, as well as potential malfunctions specific to these same networks; – He/she knows the codes of conduct, practices and rules of behavior allowed on the Internet. – He/she recognizes that since the criteria for selecting and classifying information is, in essence, subjective, the results cannot be guaranteed by “Sindup®” – Newsletters and portals: The SUBSCRIBER may distribute information , based on his/her subscription, to recipients through newsletters and access to a portal view for readers. – International sources: The SUBSCRIBER may subscribe, by request and as an option, to a wide body of sources for monitor millions of international information sources, including sources that do not have an RSS feed, with the number of languages available being based on the subscription taken out. – Semantic analysis: The SUBSCRIBER may may subscribe, by request and as an option, to the activation of a semantic engine, based on market linguistic resources and customizable.
Article 4 – Subscription Length and Renewal
The paid subscription shall run for a set period, from the date of receipt by Netprestation of payment for sums owed under the purchase order(s) subscribed. The subscription period is one (1) month for the introductory offer and twelve (12) months for all other offers. It may not be canceled early, except for reasons of non-compliance by either party with their obligations. Forty-five days before the subscription’s expiration date, the SUBSCRIBER shall be invited to renew his/her subscription for a period equal to the initial term through an email reminder. The SUBSCRIBER may then submit a renewal application following the procedure which the SUBSCRIBER shall be invited to refer to. If the SUBSCRIBER fails to pay the renewal amount owed before the subscription’s renewal date, he/she shall be deemed to have waived said renewal. The paid features available to him/her shall then withdrawn without further notice, the day after the expiration of the subscription contract.
Article 5 – Opening an Account – Identification – Proof – Exchange of Information
Opening an account
Any SUBSCRIBER must have at least one user account to login to the http://www.sindup.com platform. The subscribed services can be activated prior to the payments of the amounts owed by the SUBSCRIBER under the formalized purchase order(s). When his/her account is created, the SUBSCRIBER chooses a login and password (hereinafter, the “Login Info”) giving access to his/her private account. Each SUBSCRIBER shall have his/her own personal identifying information, i.e., login and password. Any customer account shall have included features: search filters, shared folders, comments, 10 real-time alerts, RSS export, mobile version. The SUBSCRIBER may subscribe to multiple user accounts and share costs. The SUBSCRIBER shall be solely responsible for the actions of the other users, and their use of these services subject to these conditions. The SUBSCRIBER shall be solely responsible for the actions of the other users and all recipients, and their use of these services subject to these conditions.
Login Info Privacy
The login info shall be kept personal and confidential. They may be changed only at the request of the SUBSCRIBER or at the initiative of Netprestation. The SUBSCRIBER shall be solely and entirely responsible for the use and conservation of his/her login info. Therefore he/she hereby agrees to take all measures to ensure the complete safety and confidentiality of said login info and not to disclose it to third parties in any form and for any purpose whatsoever. He/she hereby agrees not to infringe, due to the use of the service provided by “Sindup” the rights of third parties, particularly including their privacy. In the event of the loss or theft of one or more of its logins, the SUBSCRIBER shall be solely responsible for the consequences that might result therefrom, and must therefore implement, as soon as possible, the change procedure accessible at the address http://www.sindup.com. Netprestation hereby agrees not to disclose the information sent to it by the SUBSCRIBER for any purpose other than the proper functioning of the service.
Convention on Proof
The Parties hereby expressly agree that: – The presence of an identification code shall validly identify the author of a document or message and establish the authenticity of the document or message – An electronic document containing an identification code shall be equivalent to a writing signed by the issuing person – The parties may avail themselves of a paper printout of an email message from an email service to prove the content of exchanges they have had about the performance of these General Terms and Conditions – The data recorded by Netprestation when ordering shall constitute proof of all transactions made with SUBSCRIBERS.
Exchange of Information
The SUBSCRIBER shall be solely responsible for the information they provide when ordering (last name, first name, contact info, address, SIRET No., etc.), and the consequences that may result from any error or inaccuracy (delay or inability to access the Service, etc.). In the event of an error or inaccuracy, all costs incurred by Netprestation, particularly including the re-registration of the order, shall be borne by the SUBSCRIBER, unless Netprestation prefers not cancel the order. The SUBSCRIBER hereby accepts the use of email for the transmission of information requested regarding the conclusion or performance of the contract and, in general, for all exchanges under the present terms and conditions. The SUBSCRIBER is now referred to the terms of service and legal notices of the “Sindup®” website.
Article 6 – Financial Terms and Access to Services
Prices for services
Prices are flat-rate and depend on the plan chosen. The rates can be viewed on the page accessible at the following address: http://entreprise.sindup.com/offres.html. They do not include taxes and are payable in euros. SUBSCRIBERS located outside of metropolitan France are invited to learn about import duties or taxes that may be applicable and shall be solely responsible for their declaration and payment. These are specifically mentioned on the purchase orders and are broken down by feature proposed, with the exception of those subject to a custom quote. Rates are subject to change, especially in terms of changes in the network, technology, and legal constraints.
Unless agreed otherwise between the parties, the price shall be payable in full when the order is placed, using one of the following payment methods: – Online payment by credit/debit card (Visa, Master Card or other debit cards), it being specified that a secure payment system is in place on the “Sindup®”website; – Payment by a check issued by a bank based in France or Monaco, sent to the following address: Netprestation, 9 Rue James Watt, 49070 Beaucouzé. – Payment by bank transfer. Notwithstanding the above, only credit/debit card payments are accepted for subscriptions or orders from SUBSCRIBERS located outside the territory of metropolitan France. It is noted here that in order to limit the risk of fraud and to protect the SUBSCRIBER’s interests, Netprestation may also be required to refuse payment by credit/debit card. When paying online by credit card, the SUBSCRIBER shall provide the payment card type, card number, expiration date, and security code. He/she thereby warrants that he/she is fully authorized to use said card and that it has access to sufficient funds to cover all costs resulting from his/her subscription or order. If paying by check, a purchase order is sent to the SUBSCRIBER by email and the order is processed upon receipt of check. Upon confirmation of the order, an invoice is sent to the SUBSCRIBER by email and made available online, it being specified that only orders whose payment has been accepted shall be considered firm. Accordingly, an order cannot be confirmed until full payment is made and the check is cleared by the SUBSCRIBER’S bank. If unpaid, Netprestation hereby reserves the right to cancel the order, without notice or compensation in any form whatsoever.
Access to Services
The paid services offered by the “Sindup®” platform shall be accessible only after full payment of the price is made, unless agreed otherwise.
Article 7 – Personal Information
In accordance with French Act No. 78-17 of January 6, 1978 regarding computers, files, and freedoms, the “Sindup®” website has been declared to CNIL under No. 1325799. The collection of personal information shall not be used to reveal, directly or indirectly, the ethnic origin, political , religious or philosophical opinions or trade union membership of persons, nor information regarding the health or sexual life thereof. Data regarding the SUBSCRIBER shall be collected and processed fairly and lawfully for specified, explicit and legitimate purposes, not processed subsequently in a manner incompatible with these purposes, in a form which permits the identification of the persons concerned, for a period which shall not exceed the time necessary for the purposes for which said data is collected and processed. Personal information may not be subject to processing by a subcontractor or a person acting under the authority of the processing manager or that of the subcontractor except by order of the Netprestation processing manager. The SUBSCRIBER is hereby informed by these terms and conditions that personal information marked as mandatory on forms and collected as part of the service defined in Article 2 above are required for the use of this service , shall be used only in the context of this service, and are intended to be used exclusively by Netprestation, which shall take the necessary precautions to preserve the security of said information, to the extent possible. The SUBSCRIBER shall, in addition, have the right to access and correct information concerning them. If he/she wishes to exercise this right and obtain a copy of the information concerning him/her, he/she may contact Netprestation at 9 Rue James Watt, 49070 Beaucouzé. The SUBSCRIBER is now referred to the terms of service and legal notices of the “Sindup®” website.
Article 8 – Responsibility – Warranty
Due to the characteristics and limitations of the Internet, which the SUBSCRIBER hereby warrants to have full knowledge of, he/she hereby acknowledges that it is impossible to guarantee that the data transmitted over the Internet will be completely secure. Netprestation can only provide the assurance that the security measures advertised on the website “Sindup®” shall be implemented. Therefore, data transfers shall remain at the SUBSCRIBER’S sole risk and peril, which he/she hereby acknowledges and accepts. Given the specificities of the Internet, Netprestation can also offer no guaranteed continuity of service, it being held in this regard only to a best-effort obligation. Netprestation may not therefore be held liable for damages related to the temporary inability to access any of the services offered by the “Sindup®” website, particularly due to a network malfunction or saturation. In general, Netprestation cannot be held liable in the following cases: – Viral contamination of the SUBSCRIBER’S data, the protection against which being the responsibility of the SUBSCRIBER – Malicious intrusions by third parties despite reasonable security measures put in place on the website’s server, – Possible misuse of the SUBSCRIBER’S login and password.
Changes to the Site
All information contained on the “Sindup®” website and transmitted to the Subscriber shall be subject to change at any time, taking into account site interactivity, without this invoking Netprestation’s liability.
Netprestation hereby declines all responsibility in the following cases: – Deterioration of the service resulting directly or indirectly from accidents of all kinds: shock, power surge, lightning, flood, fire (…); – Malicious acts (hacking, etc.) by an identified third party or otherwise; – In general, damage or malfunction due to a force majeure event. Since Netprestation merely provides a simple data transfer service, and is unaware of the content, the SUBSCRIBER shall also remains solely and uniquely responsible for said data. Therefore, Netprestation may not be held liable for the data transferred, and the SUBSCRIBER hereby agrees to guarantee and hold harmless Netprestation against any claims that might be made against it regarding the content or characteristics of said data. The SUBSCRIBER shall be solely responsible for the backup or not of the files and data he/she sends using the services offered on the “Sindup®” website. Therefore, the SUBSCRIBER shall be solely responsible for his/her choices in this regard. In the event of a complaint regarding a malfunction or damage, the SUBSCRIBER shall inform Netprestation email within forty-eight (48) business hours from the time he/she becomes aware of this malfunction or damage. If this form and deadline are not complied with, no claim may be made against Netprestation. In any event, if Netprestation is found responsible, it is hereby expressly agreed that its obligation to compensation may not exceed the amount of the pretax price paid by the SUBSCRIBER in exchange for the service provided. The SUBSCRIBER hereby acknowledges having read the exclusions and limitations of liability contained herein. The SUBSCRIBER is therefore advised to take out, at his/her own expense, insurance appropriate to his/her particular situation if he/she wants to be compensated for any loss or damage that he/she and/or his/her customers may suffer beyond the amount specified above.
Article 9 – The SUBSCRIBER’S Obligations
SUBSCRIBER is hereby obligated, when making any order, to transmit all the information, including administrative, necessary for his/her identification and qualification, in order to open an account. The SUBSCRIBER hereby agrees to inform Netprestation of any changes in this data and would be solely responsible for any problems that may result from a failure to update. The SUBSCRIBER hereby agrees not to violate French or international regulations in the context of using the service offered on the “Sindup®” website. In this capacity, the SUBSCRIBER hereby agrees in particular not to use or disclose files, data or information: – Which is unlawful or resulting from unlawful activities. In this capacity, the SUBSCRIBER is hereby prohibited more particularly to use and/or transmit files, data or information condoning crimes against humanity, inciting racial hatred, child pornography, inciting violence and violations of human dignity; – That violates the rights of third parties, including, in particular, the right to privacy, industrial or intellectual property rights; – That is indecent; – That violates the provisions of the French Data Protection Act of January 6, 1978 and/or CNIL instructions. The SUBSCRIBER is now referred to the terms of service and legal notices of the “Sindup®” website.
Article 10 – Termination of the Services
Any breach by either party of the obligations imposed upon them by these terms conditions shall be cause for termination for the other contracting party. In addition, the termination may be in response to SUBSCRIBER’S behavior that may be harmful to Netprestation. The same goes for non-payment when due of all sums owed by the SUBSCRIBER to Netprestation. In the latter case, all unpaid amounts shall automatically generate interest at a rate equal to three (3) times the legal interest rate in effect on the day after the normal due date of these sums, until full payment is received. The contract between Netprestation and the SUBSCRIBER shall then be terminated upon the expiration of a period of three (3) business days after notice sent by email goes unresponded to. Notwithstanding the preceding paragraph, the contract shall rightfully be terminated as Netprestation sees fit, without any other formality than sending the SUBSCRIBER an email in the event of a material breach by the latter of this contract, including cases of non-compliance with the commitment put forth in the second and third paragraphs of Article 9 herein. Upon termination due to the SUBSCRIBER’S fault, Netprestation shall retain all sums paid in advance by the SUBSCRIBER as a lump sum to offset lost revenue, without prejudice to any further damages. Moreover, the SUBSCRIBER hereby acknowledges that in the event the contract is terminated for one of the causes mentioned above, its computer data shall be permanently deleted from the server of the website “Sindup®” which he/she hereby expressly accepts.
Article 11 – Intellectual Property
The availability of features Sindup shall not in any way imply the transfer of Netprestation’s rights to said application or to any of its components or its associated documentation. The SUBSCRIBER hereby agrees not to infringe, directly or indirectly, or through third parties, upon Netprestation’s rights to the software and services it offers. In particular, the SUBSCRIBER is hereby prohibited from making any adaptation, modification, transformation, decompilation, functional analysis or arrangements of the “Sindup®” application for any reason whatsoever. Any total or partial reproduction of the “Sindup®” website, for anything other than personal use is hereby strictly prohibited. The same goes for the texts, comments, books, illustrations, and images contained on the “Sindup®” website in accordance with the French Intellectual Property Code, as well as with international agreements. The SUBSCRIBER is now expressly referred to the terms of service and legal notices of the “Sindup®” website.
Article 12 – Use of the data produced or distributed by Infolegale
The SUBSCRIBER may access the “Data” redistributed by NETPRESTATION as part of a redistribution license to “Data” produced or distributed by INFOLEGALE SAS, a company capitalized at €1,060,061.20, whose registered offices are located at Le Britannia Building, 20 Blvd Eugene Deruelle, CS No. 83755, 69432 LYON cedex 03, listed with the Lyon RCS under No. B 503 207 896, a NETPRESTATION partner. This “data” is identified by the words: “Source: Infolegale & Marketing,” and they are listed in the service description. The SUBSCRIBER hereby acknowledges having read and accepted the following terms and conditions related to the use of said “Data”:
Thanks to the redistribution license granted to NETPRESTATION, INFOLEGALE thereby gives the SUBSCRIBER an internal-use license to one or more databases consisting of a exclusively personal, strict internal usage right to the database. In particular, the LICENSE shall not include the provision of training, implementation, or data integration. Any additional service may be provided at the SUBSCRIBER’S request upon prior approval of an estimate.
Protection of INFOLEGALE’S Rights
Copyright and protection of the rights of the producer of the database. The data collected and compiled by INFOLEGALE constitute a database in the sense of Article L.112-3 of the French Intellectual Property Code and of which it is the exclusive owner. Accordingly, the SUBSCRIBER hereby expressly acknowledges that the database created by INFOLEGALE is protected by copyright, since it constitutes, through the selection or arrangement of subjects, an intellectual creation. As such, without the prior consent of INFOLEGALE contained in special contractual provisions, the SUBSCRIBER is permitted to use the database for its exclusive internal use only and solely for the normal performance of its activities and in this capacity, may only a single copy thereof. The SUBSCRIBER is hereby prohibited from carrying out:
- – The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the database to another medium, by any means and in any form whatsoever,
- – The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, regardless of the form.
Furthermore, under Article L.341-1 of the French Intellectual Property Code, the producer of a database, understood to be the person who takes the initiative and risk of the corresponding investments, benefits from a protection for the database content when the creation, verification or presentation of is evidence of a financial, material, or human investment. This protection is independent and shall be enforced without prejudice to those protections resulting from copyright or other rights over the database or one of its components. All of the elements constituting the database are protected, i.e., the program or programs for the operation and use of the database, the structure, with the entire computer system being considered as a whole, and possibly depending on their nature, the elements contained in the database.
Trademarks, logos and other distinctive signs
The SUBSCRIBER is hereby not conferred any ownership or usage right to INFOLEGALE’S trademarks, logos or distinctive signs.
It is hereby recalled that the violation of any of the copyrights over the software or database is an infringement punishable by the French Intellectual Property Code. The SUBSCRIBER hereby agrees to make every effort to allow INFOLEGALE, or a third party at the latter’s request to audit the SUBSCRIBER’S premises in order to detect such violations. INFOLEGALE hereby reserves the right to insert “trap data” in order to detect possible violations or use of the LICENSE that is contrary to the contractual provisions. The SUBSCRIBER hereby agrees to immediately notify the INFOLEGALE of any infringement of which he/she becomes aware, with INFOLEGALE being free to take appropriate measures.
Database creation and updating require manual processing and depend on the quality and timing of receipt by INFOLEGALE of the information sources it uses. To ensure the highest level of reliability, INFOLEGALE implements quality control checks on random samples. These checks do not however ensure the correctness, accuracy, reliability, and thoroughness of the information contained in the database, as well as the time it takes to make said information available. Consequently, it is up to the SUBSCRIBER alone to judge the use of the database by taking into account these hazards. The SUBSCRIBER hereby assumes full responsibility for their use of the database. The SUBSCRIBER may use the database only for strictly personal and internal purposes and is therefore hereby bound to comply with the provisions of Article 4.1 above. It is up to the SUBSCRIBER to have all legal, regulatory, administrative or other authorization, for the use of the database, in particular to comply with the provisions of French Act No. 78-17 of January 6, 1978.
Responsability – Limitations
The collection and processing of data and the provision thereof shall be performed in accordance with standard professional practices. Consequently, INFOLEGALE hereby agrees to take all due professional care in order to provide the services referred to herein. However, given the uncertainties that may exist in particular with regard to manual data processing and the receipt of information to be processed from the different sources used, but also the distribution of data using the Internet, the INFOLEGALE may only be held to a best-efforts obligation. In addition, the SUBSCRIBER hereby acknowledges understanding the characteristics of the Internet, including the possibility of broken links, server failures, electrical outages or other problems (this list is not exhaustive). INFOLEGALE may not be held responsible for the consequences of such events and shall be released from any obligation to the SUBSCRIBER. The Data contained in the database and delivered are transferred without warranty of any kind, either express or implied, in terms of their correctness, accuracy, reliability, thoroughness, recency or otherwise. The SUBSCRIBER shall be solely responsible for the use, and consequences of use, of the Data. All of the risks tied to the performance and results related to the data delivered shall be assumed by the SUBSCRIBER. In this capacity in particular, INFOLEGALE may not be held liable for any indirect or unintended consequence, or damage and/or tangible and intangible indirect harm (including lost opportunities, lost profit, work interruption, lost information on the job, commercial damages, lost orders, sales troubles, operating losses and lost revenue) related to the use of data delivered to the SUBSCRIBER, even if INFOLEGALE has been advised of the possibility of a such a risk. The SUBSCRIBER shall perform the usual checks after delivery. All claims shall be validly made within a week of receipt of data from the INFOLEGALE support department: firstname.lastname@example.org. After this time, the data delivered shall be deemed accepted by the SUBSCRIBER. In the event of an error found during the above period, INFOLEGALE’S obligation shall be limited to replacing the faulty files delivered at no cost to the SUBSCRIBER. In any event, if INFOLEGALE’S responsibility is established, it shall be limited to the payment of up to $1,000 (one thousand) Euros in compensation, excluding taxes.
The Parties’ obligations shall be suspended upon the occurrence of a force majeure event as recognized by the French courts. The following events shall explicitly be considered force majeure events: general, sector, or trade strikes, the strikes involving transportation, postal services, utilities, or companies providing INFOLEGALE with its information sources, fires or storm,s the overall failure of the INFOLEGALE computer system, reasonable inaccessibility at a cost considered economically acceptable by INFOLEGALE for the Data. The Party prevented from fulfilling its obligations due to a force majeure event shall notify the other Party immediately. The Parties shall consult on the conditions of any continuation of the Contract. If a force majeure event lasts more than two (2) months, each Party may terminate the contract without such termination giving rise to any compensation.
Article 13 – References
Throughout the duration of the service subscribed to and its renewals, the SUBSCRIBER hereby expressly authorizes Netprestation to disclose his/her name and/or brand along with its logo on the “Sindup®” website homepage, as well as on sales documents in order to be named among the partners who have placed their confidence in the Sindup service.
Article 14 – Customer Service
All information requests and/or complaints can be submitted to Netprestation: – By mail sent to the registered offices, at 9 Rue James Watt, 49070 Beaucouzé; – By email to the following address: email@example.com; – By phone at 08 26 62 61 05 (Monday to Friday from 9 am to 12 am and 2 pm to 6 pm); – By Fax to 09 70 80 10 23.
Article 15 – Applicable Law – Contract Language
The relations binding Netprestation with its customers are subject to French law, to the exclusion of any other legislation. If these terms and conditions are drafted in several languages and translated, the French version alone shall prevail between the Parties.
Article 16 – Miscellaneous
The fact that any of these conditions is not enforced at any given time cannot be construed as a waiver to enforce them. If any of these conditions are declared void or in violation of a legal provision, said provision shall be deemed unwritten and the other provisions shall remain in effect.
Article 17 – Disputes – Challenges
Any challenges or difficulties and, more generally, any dispute with the SUBSCRIBER regarding the interpretation or enforcement hereof shall be subject to the exclusive jurisdiction of the Commercial Court of Angers (49) France.