GENERAL CONDITIONS OF USE OF SERVICES
These “General Conditions of Use of Services” (“CGUS”) are deemed to be complete and up-to-date; they constitute the contractual basis of relations including commercial between the user of the following domain: ma-gestion-cloud.fr, including all subdomains and all sites including, and the company OAS Services, owner and sole representative of said domains and sites.
The acceptance of the TOS is implicit because of your browsing, in case of consultation only the content of the aforementioned site, and becomes mandatory and explicit when using its specific features (form, registration, orders, etc.).
This acceptance implies your express and unreserved support for their application.
The company OAS Services attests its good faith and its will to implement all the means necessary for the good execution of its contractual obligations.
Any particular contract possibly adding to the present CGUS will be notified for express acceptance.
Part 1: Purpose and Application of the Contract
Article 1. Definitions
The Website: the website accessible at https://www.ma-gestion-cloud.fr as a whole.
The Contract / TOS: the whole of the present contract / these general conditions of use of Services, indivisible, governing entirely and exclusively the use of the Site by all the users, also denominated “CGUS” or “Contract”.
The Provider: the company OAS Services, owner, publisher and sole representative of the Site, the brand and the commercial sign “Ma Gestion Cloud”.
The User: any natural person with full legal capacity who browses the Site and / or uses its features, under its sole responsibility.
The Customer: any User who makes a purchase of products and / or services on the Site.
The Parties: together designate the Provider and the User / Customer having consented to this Contract.
Third party: any person not party to this Agreement.
Product (s): any type of material, physical or dematerialized, that may be offered to the Client by the Service Provider in the context of its activity.
Service (s): refers to all services offered by the Service Provider via the Site.
Information: all information published on the Site by the Provider.
Multimedia Content: all content, information and data provided by the User and / or the Customer and intended to fill his profile on the Site.
Article 2. Purpose of the contract
. This Agreement fully and exclusively governs the use of the Site by all Users and Customers, from any computer terminals and from any country, and is intended to define the respective rights and obligations of the Parties in this context:
– It defines the terms of registration on the Site, the opening, management and closing of the accounts of Users;
– It defines the terms of subscription or purchase of the Service (s) and / or Product (s);
– It defines the terms and conditions of use of all the applications and features that are included (including downloads, form, subscriptions, account management, use and management of free software, etc.).
– It sets the conditions of use of information and contents belonging to the Provider accessible on the Site, with regard to any intellectual property rights.
– It defines the duration of the contract, the terms of its possible renewal and termination, as well as the procedures for resolving disputes.
Article 3. Application of the contract
Article 3.1. Acceptance and applicability of the Contract
. The acceptance of this Contract is expressed in a single time by the User, either by the filling of a mandatory checkbox preceding the validation of its registration and / or subscription (legal process of the double click), or by the voluntary action of the User after the appearance of the information banner when entering the Site, when the latter only visits the Site (by scrolling the page, by clicking on a link, or “ok”) .
. The agreement of the User implies waiver of any prior statement to the contrary. Any clause of this Agreement which is of an express particular character shall prevail over its general clauses in case of any contradiction.
Article 3.2. Indivisibility
. This Agreement is indivisible and its acceptance applies to the whole.
. Users and Customers may not unilaterally waive the application of one or more clause (s) of this Agreement. Any modification or substitution by the Service Provider of one or more of its clause (s), for any reason whatsoever, does not constitute a waiver by him of the whole.
. In the event of any legal proceedings leading to the recognition of the invalidity of one or more clause (s) of this Contract, this invalidity would only apply to the clause (s) explicitly designated (s), to unless the invalidity of the whole is provided for by law or acquired by an enforceable judicial decision.
Article 3.3. Ability to act
. The User / Client certifies his ability to act and to contract with the Provider, who reserves the right to ask for any supporting documents of their age and possible professional status.
. The consultation of the Site is open to all visitors. The registration, subscription and use of the software features of the Site or accessible through the Site are reserved for users acting in a professional capacity, who can provide a Siret number.
Article 3.4. Modification of the Site and modification of the General Conditions
. The Service Provider reserves the right to modify the content of the Site, as well as the terms of these General Conditions, at any time and without having to justify it, provided that such modification is made necessary by a legitimate commercial or legal objective, without it being assimilated to a renunciation by him to the whole (in particular according to the evolution of the techniques and / or the applicable legislation).
. It is therefore unreservedly accepted that the Contract presented for acceptance at the time of the validation of the order is deemed up to date and remains the only opposable to all orders placed on the Site.
. The User / Client acknowledges that the new TOS will govern the new contractual relationship without the need to perform any particular formality.
. The User / Customer thus acknowledges that in the event that he refuses the new conditions he can no longer claim the enjoyment of the use of the Services ordered, and that his decision prevents the continuation of the contractual relations.
. In this case, the online account will remain open for a period of up to thirty (30) days, during which the User / Customer will be invited again to accept the new TOS. At the end of this period, the account is closed and any functionalities acquired are permanently deactivated, as well as the recurring payment method set up terminated.
. Also, the Service Provider reserves the exclusive right to propose valid offers and special conditions at any time, which apply for the period specified explicitly before the validation of the order concerned and in accordance with these TOS.
Article 4. Duty of collaboration
. The Parties undertake reciprocally to collaborate actively and in good faith in the proper execution of the Contract and agree to be bound by a mutual information obligation.
. The User / Client fully accepts his own duty to collaborate and undertakes to state his specific needs where appropriate.
. The liability of the Service Provider can not be sought, in whole or in part, for breach of its advisory duties, resulting from the silence of the User / Customer on one or more element (s) that may determine its commitment, particularly if the use that ‘It intends to make Products / Services differs from standard uses of products and services of similar or identical nature.
. The User / Customer generally agrees, during and after the execution of this Agreement, to act in good faith and to use all reasonable means to guarantee the Service Provider against any loss, damage or claim relating to or not to the use of its Products and Services.
. In addition, any report to a violation of these TOS may be made to the following address: firstname.lastname@example.org.
Article 5. Reciprocal independence
Article 5.1. Declaration of mutual independence
. The Parties declare each other totally independent. Nothing in this Agreement shall have the effect or effect of associating and / or confusing the respective activities of the Parties, and in no way constitutes a mandate between the Parties, a partnership agreement, or any representation agreement whatsoever. .
. They each retain the burden and monopoly of their respective activities with respect to their broader social, accounting, tax and legal obligations. They absolve each other of any responsibility in this matter.
. As a result, the Parties also declare themselves independent with respect to any contractual relationship that may be entered into with any third parties and under their respective responsibilities. The Parties shall, within the limits of the law and any agreement, respond to third parties to whom they may be bound by contract, and to any damage caused to the other Party in the context of the execution of the said contract.
. The User / Customer undertakes to answer for any damage resulting from the creation, the disclosure, the diffusion, the transfer of its fact or the thirds placed under its responsibility, of false advertising concerning the Provider and its partners and / or subcontractors.
– Independence from the provider responsible for hosting the data (Sysnove)
. It is unreservedly accepted that the Service Provider and Sysnove, the third party provider responsible for hosting the data collected, entered and processed in the context of the execution of this Agreement, are two totally different legal and accounting entities which in no way not be confused in any way.
. As a result, Sysnove is fully responsible for the conduct of its business, the quality of its own products and services, and is fully liable for the non-fulfillment of its own legal and contractual obligations, particularly with regard to the Service Provider.
. The User / Client admits without reservation that the conclusion of this Agreement can not in any way confuse the liability of the Service Provider with that of Sysnove. The obligations of the latter, relating to the protection of data hosted, are described in Article 13 of these TOS.
. The Service Provider represents in good faith its obligations relating to the provision of the Services exclusively under the conditions set out in these TOS.
Article 5.2. Independence of the Provider and use of the Internet
. The User / Client admits unreservedly to relieve the Service Provider of any form of responsibility for its own use of social networks and other digital platforms of any kind on the Internet. He certifies to use the Internet and these third party networks under his own responsibility, with regard to any possible damages due to the registration, use, and / or publication of any content of any kind, and / or any dispute, exclusions or claims, directly or indirectly related to such third party networks, whether or not such activities are related to the performance of this Agreement.
Article 5.3. Independence of the Service Provider and use of the Site
. In particular, the User admits to use the Site as a whole under its full responsibility, and to release the Provider of any claim or any dispute concerning any possible damage resulting from any use of the Site contrary to its purpose.
Article 6. Maintenance and availability of the Site
. The Service Provider certifies to implement the resources necessary for the availability of the Site, to allow access to the Site 24 hours a day, 7 days a week, and to an optimal use at the technical level, except in case of force majeure, and remains at in this respect subject to an obligation of means.
. The User thus relieves the Service Provider of all liability in case of impossibility of access to the Site due to an event beyond his control (including, but not limited to, technical hazards, disturbances on the Internet, any failures of the service provider. accommodation, etc.), or because of occasional maintenance operations or updates made necessary.
Part 2. Registration and validation of subscriptions
Article 7. The Provider’s Services
Article 7.1. Registration
. Navigation on the Site can be done for free and without registration to view its information at any time.
. However, the User wishing to subscribe to the Services or to buy Products on the Site must open a free account online, before or at the time of the subscription or the purchase, by following the procedure indicated on line.
. The opening of an account allows the User to consult and / or modify his personal information.
. The Service Provider reserves the right to accept or refuse to validate a registration or to close the account of a User at any time, in a discretionary manner and without having to justify it, without possible recourse or compensation for the User , in case of violation of the CGUS, Netiquette, or the legislation in force.
. When registering, the User must provide the requested information under his full responsibility and in an exact, exhaustive and sincere manner. In case of modification of the information concerning him (or the legal person he represents), the User agrees to modify them directly in his profile.
. The change of the password is possible via the Client / User profile or via the procedure for assigning new passwords.
. The User / Customer is solely responsible for his username and password. He undertakes to inform the Service Provider without delay of any security breach related in particular to the voluntary communication or to the misuse of his username and / or password, so that the latter can immediately take any appropriate measure with a view to having it remedied. to the security breach.
. After registration, the Service Provider sends the User without delay and by e-mail a confirmation of his registration including the Customer ID, as well as a link to access his profile.
Article 7.2. Services offered by the Provider
. The User has upstream of all means to know the nature, content, qualities, and conditions attached to each subscription to Services Provider.
. The Customer may choose different subscriptions allowing him to access a predefined number of features associated with this subscription, including the provision of the chosen software, with administrator access, and a storage space of 5 GB (expandable with a additional monthly cost of 1 € HT / additional GB).
. Also, the User / Customer can at any time be trained with the training center Aplose, partner of the Provider, in order to optimize its management of the Dolibarr software.
Article 7.3. Update of the Provider’s Services
. The Service Provider undertakes to keep the Services up to date and operational under normal conditions of use, and does not guarantee any specific compatibility, which the Customer must notify if necessary before any formal order.
. The Customer also accepts the possible modification of the functioning of the Services in all cases of revisions, minor or major, made necessary.
. The Customer agrees to facilitate as much as possible the interventions made necessary to update the Services, and guarantees the Provider against any form of disagreements, disputes, or lawsuits in case of damage resulting from his own handling and / or any maneuvers having object or effect to make more difficult or impossible these updates. In particular, in the event of defects or bugs of the Service concerned because of such manipulations, the resulting damages remain of its full responsibility.
. The updates requested by the Customer are carried out by the Service Provider as an appendix and are billed again, the amount of which depends on the nature and extent of the services.
Article 8. Procurement process and conclusion of sales
Article 8.1. Validation of orders by double click
The Customer declares to have read, understood and accepted the following sequence of his purchase:
. The User / Customer fully agrees that his free and informed consent to the validation of his order is expressly acquired by the technical and legal process of the double click, which entails the obligation of payment, and according to the following process:
1 / The user selects a subscription by clicking on the “subscribe” button;
2 / If the User has not yet opened an account or is not yet logged in to his account, he is invited to do so at this stage of the process;
3 / The User must fill out additional information that is necessary to complete his subscription;
4 / The User makes the second legal click by ticking the mandatory box validating its full acceptance of these Terms, and then clicking on the “validate payment” button;
5 / The User unreservedly admits that this action entails perfect validation of his subscription and his obligation to pay. He acquires the status of Customer.
6 / The Service Provider sends an email confirming his subscription to the Client summarizing all the information relating to his order and the payment thereof, (as well as these TOS in a durable medium – in particular in PDF format).
. The Client acknowledges that this confirmation of subscription may require manual intervention by the Service Provider, and thus a delay between the subscription and said confirmation which may not exceed forty-eight (48) hours.
. The Parties agree that the remote and / or digital signature of this Agreement is accepted as perfect evidence having the same force as the physical signature.
. The Site can be accessed from any country without the content necessarily being available for the countries in question. The Provider has no obligation to include this information and does not guarantee that the Products or Services are suitable for countries other than those for which they were designed.
Article 8.2. Additional commands
. The Customer wishing to add a Product and / or an additional Service to his initial subscription is free to do so directly online via the process and under the same conditions as those described in these TOS.
. The Client fully accepts the validation of its new order carries additional charges and the renewal of consent to all of these TOS, in addition to any possible specific contractual conditions applicable to this new purchase, and validly granted.
Article 9. Payments
Article 9.1. Rates, means and payment deadlines
. The effective prices are those specified directly on the online order, include the commission of PayPal or Stripe and are indicated without taxes and VAT. However, it is accepted that the rates indicated correspond to the monthly cost of the subscription selected during the order.
. In order to validate orders, payments must be made monthly, via recurring payments from PayPal or Stripe payment provider.
. The payments put in place do not cause any hidden extra costs; thus, any additional costs occasioned by the payment of his order are at the expense of the Customer.
. Specifically, the Service Provider uses a payment method supported by a third-party payment provider (PayPal or Stripe), which manages all payments made through the Site, collects the necessary data and links them to the Customer’s account. The registration on PayPal or Stripe may be imperative to subscribe to the Site, which the User admits without reservation. It can not therefore seek the liability of the Provider in case of difficulty or impossibility to subscribe to the Site, if he does not have a valid and operational account on PayPal or Stripe.
. It is nevertheless admitted that the Service Provider may be required to validly block a transaction, provisionally, the time to make necessary security checks, as well as to suspend the benefits of the Services linked to an account whose means of payment has become obsolete or inoperative.
. Invoices are automatically emailed to the Customer upon receipt of each monthly payment.
– Free trial period of 15 days:
. The Service Provider allows Users wishing to discover its Services to benefit from a free trial version, including the enjoyment of the same functionalities and under the same conditions as for the Pay Services, but within the limit of a period of maximum duration fifteen (15) days, and subject to being validly registered on PayPal or Stripe, which includes the mandatory information of their valid payment details.
. At the end of this period, the User admits that, failing to have canceled his subscription directly on his PayPal or Stripe account, the subscription to which he has subscribed takes effect automatically as well as his obligation to pay.
Article 9.2. Clause resolutory by operation of law
. Non-compliance with the compulsory payment procedure constitutes a breach of the obligation to pay, which validly allows the Service Provider to suspend the eventual execution of the Services or cancel the subscription.
. In this case, the Service Provider may validly contact the User concerned to invite him to execute his payment by any means.
. Failing this, it is unreservedly accepted that the Service Provider is entitled to cancel the subscription without having to justify it or to warn the defaulting buyer, without prejudice to any claim for compensation for the damage suffered.
. The User fully admits that he can not claim in this case any right to claim the enjoyment of the property, and must regularize his financial situation vis-à-vis the Provider to do so. He admits that the data possibly filled in can be completely purged from the Provider’s computer system.
Article 10. Right and procedure for withdrawal
. The Client admits without reservation that, acting as a professional status, in the case of a contract concluded and performed exclusively at a distance, waive the right to withdraw from the obligations herein, and that its commitment is firm and definitive.
Part 3. Use of the Services
Article 11. Moderation and power of control of the Provider
Article 11.1. General moderation of the Site
. The Customer is presumed and agrees to authentically, completely and accurately complete the information requested at any time of its use of the Site as a whole and under its full responsibility, as well as inform the Provider of any change in his situation. Its failure, due to the incompleteness, illicit or inadequate nature of said data, which can be qualified unilaterally by the Service Provider, completely excludes the latter’s liability in the event of difficulty or impossibility of validating a subscription and / or using the Site.
Illegal contents and / or disturbances of the Site:
. The Service Provider reserves the right to delete, validly and at any time, any information that may interfere with the operation of the Site or violating these TOS, national or international laws, or Netiquette rules.
. The following are prohibited, including but not limited to: verbal abuse, threats of physical violence, discrimination of all kinds, calls for hatred, insults, defamation, attacks on morals and public order, commercial proposals and canvassing, offenses related to the child pornography and terrorism.
Suspension or withdrawal of the right to access the Site:
. The Service Provider reserves the right to validly suspend, interrupt or limit at any time access to all or part of the Site, reserve access to the Site, or parts of the Site, to a specific category of Internet users.
. The authors of the infringing content may be excluded from the Site, which may lead to the unilateral closing of the account by the Service Provider, which does not have to justify it, and without prejudice to any legal procedure that it may undertake to repair a possible injury.
Article 12. Deliverable of the Products and Services of the Provider
Article 12.1. Time and way of rescue
. The validation of the subscription process on the Site as set out in these TOS leads to the creation of a customer profile accessible directly on the Site via the provided or chosen identifiers.
. The delivery of all Products and / or Services ordered or subscribed is carried out by an e-mail notifying the confirmation of the subscription or the purchase, recalling the Customer’s IDs and passwords, and containing all the appropriate attachments (for example in PDF ), as well as an invitation to connect directly to his account on the Website, in particular to download the same documents.
. In no event shall the Service Provider be held liable for any difficulties in accessing the content thus made available to the Customer, for reasons beyond his control.
. The Client acknowledges that the delivery of the deliverables allowing the enjoyment of the ordered features requires the intervention of the Service Provider and is not automated. The delivery period begins on the date of receipt or validation of the payment, and will be specified in the order summary. It may not exceed forty-eight (48) hours, except in cases of force majeure.
. However, as part of the improvement of the Site, the Service Provider can automate this process.
. The Client acknowledges that in all cases, the applicable time may be extended occasionally when the intervention of an external provider is necessary (Partner, bank, host, any service provider necessary and legitimate).
Article 12.2. Compliance obligations at the expense of the Service Provider
. The conformity of the Products and Services with the use expected by the Customer is considered acquired, because of the clear, precise and complete information delivered by the Service Provider before the validation of the orders and the subscriptions, as well as the duty of collaboration of the Customer. (see article 4).
. The control of conformity of the delivery exerted by the Customer, is carried out with the activation and by its use of said Products and / or Services, and is strictly limited to the technical aspects (access under normal conditions, effective authentication, general operation, readability, compatibility, provision of subscribed supplementary modules). Any lack of conformity must be reported by the Customer, who has a maximum period of twenty-four (24) months to prove the existence of this defect on the day of purchase or subscription.
. However, the specific nature of the Products and Services implies the provision of information and functionalities which are up to date on the day of delivery, but which may at any time become obsolete for reasons beyond the control of the Service Provider, who disclaims all liability for any damage that may result from their possible obsolescence. The Customer is aware of this specificity, which can not be equated with a defect of the thing sold, but as an element dependent on the initial suppliers and manufacturers of software whose management is only proposed in cloud version by the Provider (including Dolibarr, etc. .).
. In the same way, the Service Provider excludes its liability for any damages resulting from any possible malfunctions of the free software made available (including Dolibarr, complementary modules, etc.), which are in no way his responsibility. Indeed, the Service Provider does not have all the rights and prerogatives, including technical, allowing it to correct these malfunctions to offer for subscription, which can be supported exclusively by the publisher of such software.
. The Customer wishing to find help to repair these malfunctions can either inquire directly with the publisher and / or the community of users of the software concerned, or call the Service Provider to subscribe to one or more service (s) of maintenance .
. The Service Provider warrants the Client / User against the loss of his rights of use under conditions that comply with these TOS, and precludes any eviction of his peaceful possession by claiming a right from a third party.
. The Service Provider undertakes to offer and provide Products and Services free from hidden defects rendering them unfit for their use. The proof of this defect, if it is invoked, is the responsibility of the Customer.
. However, when an unexpected defect is found, the Customer may request the Service Provider repair, replacement, or refund of the Product or Service affected, and under the conditions set out in articles 19 and 20 of these Terms.
Article 13. Specific rules for hosting cloud data
. The Service Provider undertakes to implement the technical and organizational measures to ensure a sufficient level of security and confidentiality with regard to the risks presented by the processing and the nature of the data that may be processed via the use of the Site , and that they are not subject to any disclosure to third parties except in cases provided for in these TOSC or those provided for by a legal or regulatory provision.
. However, each Party undertakes to take all necessary precautions to preserve and enforce the consent of individuals, the integrity and confidentiality of data (whether personal or sensitive, or not) that may be transmitted and / or collected in the framework of the CGUS, in particular to protect them against any accidental or unlawful destruction, accidental loss, alteration, diffusion or unauthorized access, notably because the processing includes data transmissions in a network, as well as against any other form of treatment illicit or communication to unauthorized persons.
. The Service Provider ensures that the third parties it authorizes to access any personal data or any data entered into the Customer’s account in connection with the use of the Services (in particular, personnel, service providers, subcontractors) respect the same obligations to protect the security and confidentiality of the aforementioned data.
. Specifically, the data is hosted by the specialized service provider Sysnove, which provides backups on a daily basis.
Article 14. Limitations of Liability of the Provider
Article 14.1. General exclusions of liability
. In the context of the use of the Site, the subscription and the use of the Services, the liability of the Provider can not be sought in case:
– use of the Site, Products and / or Services by the User contrary to its purpose, these TOS, or all positive law in force;
– use or consultation by the User of any data and / or any services on the Internet, related or not to the Site, and likely to cause any damage to the Provider or to any third party;
– shutting down the internet and / or intranet;
– the occurrence of technical problems and / or a cyber-attack affecting the premises and / or the software, hardware, installations and any digital spaces belonging to or placed under the responsibility of the User or to third parties, that these disorders as a result of its connection to the Site and / or its use.
. The Customer undertakes not to use the Site, as well as the information or data contained therein, for political or commercial purposes of advertising types, for any form of commercial solicitation and in particular the sending of unsolicited e-mails.
. The connection material to the Site is used by the User under his sole responsibility, who must take all appropriate measures to protect his own hardware and data (including viral attacks via the Internet, loss of data, etc.). Under no circumstances will the Service Provider be held responsible for any difficulty or impossibility of using the Provider’s Products and Services.
. The User admits that in case of amicable or judicial procedure against the Provider, because of the use of the Site by the User, the Provider may turn against him to obtain compensation for all damages, sums, convictions and costs that may flow from the said procedure.
Article 14.2. Dolibarr’s responsibility for the content of his services
. The Service Provider, whose Services consist in acting as an intermediary between the User and his own Dolibarr, does not provide any guarantee and excludes his liability due to the use and possible malfunctions of the Dolibarr software, including the quality, the content and maintenance are out of his hands. It is also accepted that the software documentation to solve any difficulties of use concerning the software is that of the community Dolibarr.
. The Client acknowledges the possible obsolescence in the future of the contents and the functionalities delivered in the services and products of Dolibarr, which are known to day on the day of the order, without the Provider can not guarantee the duration of their authentic and relevant character . The conditions for updating the Services are governed by article 7.3 hereof.
Article 15. Computer Security and Data Liability
Article 15.1 Security conditions
. The Site is provided in all its elements with optimal technical security features under normal conditions of use. The Service Provider undertakes to maintain it in the best possible conditions and thus excludes any liability in case of virus download, or any form of computer attack suffered by the User / Customer and may have a direct or indirect link with his use of the Site.
Article 15.2. Security threats for the Provider
. The User / Customer undertakes not to enter the Provider’s computer systems, or those of its suppliers and partners, nor to attempt to do so, using or not confidential data governed by these Terms. In particular, any behavior likely to interrupt, suspend, slow down and prevent the continuity of the Site as a whole, any intrusion or attempt of intrusions into the Provider’s computer systems, any diversion of its resources, are strictly prohibited under pain of prosecution. system, the introduction and / or modification of data, any action likely to impose a disproportionate burden on its infrastructures.
. The liability of the Service Provider can not be engaged in case of malicious introduction or interception, attack or hacking of any kind, targeting any digital spaces of the User / Customer, despite all the possible security measures taken by the Provider.
Article 15.3. Responsibility for the data of the User / Customer
. The User / Customer declares to have taken knowledge of the characteristics and the limits of the Internet making data circulating on the Internet vulnerable, and accepts that the communication of any computer file is carried out under the responsibility of its issuer.
. As a reminder, the username / password of the User / Customer, as well as all the information inserted into his account by himself are under his sole and entire responsibility. The account is an “Administrator” account that allows it to fully manage the insertion, modification, and deletion of the data contained therein.
. As a result, the Customer declares to be responsible for setting up, configuring, filling, and using Dolibarr audio online via the Service Provider.
. The Service Provider shall not be held liable in the event of loss, theft or any unauthorized use of such data by a third party, or any damage that may result.
. The User may at any time inform the Provider if he finds a security breach related to the use of the Site, so that the Provider can take any measure immediately to remedy it.
Article 16. Intellectual Property of the Provider
Article 16.1. General prohibition
. The User / Customer undertakes in general to respect the intellectual property rights that may be attached to the Provider during and after the execution of this Agreement.
. It is unreservedly accepted that any reproduction, representation, use, use, imitation or adaptation, distribution, sale, transmission, or making available to third parties, in whole or in part, by any process and on any medium whatsoever, of the constituent elements and / or representing the brand and the Site (texts, figures, codes, names, drawing, image, logo, slogan, and any other element potentially representative of the intellectual assets of the Provider), is prohibited without the prior written and express agreement of the from the Provider, and likely to lead to prosecution according to all procedures in force.
. The fact for the Service Provider not to initiate proceedings upon becoming aware of any unauthorized use of the aforementioned elements does not constitute acceptance by him of said uses, nor waiver of any prosecution.
Article 16.2. The brand
. The trademark “Ma Gestion Cloud” is the exclusive property of the Provider.
. This protection grants a monopoly of exploitation of its mark to the Service Provider. Failure to respect these rights is likely to lead to prosecution according to the procedures in force, in particular for infringement.
Article 16.3. The Website
. The Site is the entire property of the Provider, in all its elements (including, but not limited to, texts, logos and photos, videos, sounds, codes, numbers).
. In particular, the photos and graphic illustrations of the Site are published in compliance with the copyrights attached thereto, whether they were made by the Service Provider, or that they belong to the public domain, or that they come from from legal sources or graphic service providers guaranteeing the respect of these rights (in particular and without limitation, “Pixabay”, “Shutterstock”).
. Also, the texts to consult on the Site (in particular the articles of the “blog” type), as well as the videos (in particular guides, tutorials, etc.) are either written directly by the Provider or used in the respect of the rights of the authors commissioned by the latter, who also authorizes their short quotation subject to explicitly mention the Provider and insert a link to the cited content.
Article 16.4. The domain name
. The following domain name belongs to the Provider and is protected by its registration and commercial exploitation, including all sub-domains necessarily attached: ma-gestion-cloud.fr,
. In particular, the User / Client admits without reservation that the use of the Services of the Service Provider necessarily implies linking his management space to the domain name or to a sub-domain of the Provider in order to fully access the Services, on the model next: https://nomdudomaine.ma-gestion-cloud.fr.
. This technical process in no way confuses the properties and responsibilities of the respective domain names of the Parties.
Article 16.5. Economic parasitism and unfair competition
. The commercial exploitation, by any unauthorized third party, of the name (s) and distinctive sign (s) of the Trademark, the domain name, the Site and the commercial sign of the Service Provider, as well as any an action whose object or effect is to prejudice it by creating any form of confusion on the part of the public, may lead to prosecution for unfair competition and / or economic parasitism according to all the procedures in force.
Article 17. References and Promotion
Article 17.1. Credit for the Provider – Implementation of hypertext links
. The establishment of any hypertext links to the Site, for professional reference or not, from any site and any terminal is a priori free subject to the following conditions:
– the practice of links should not be systematic or abusive;
– the link has been previously verified and does not contain a priori any computer risk;
– the link does not infringe any intellectual property right and may in no way represent a risk of confusion in the public mind or an element of unfair competition;
– the link is affixed with an authentic description of the Site and its activities;
. The User undertakes to withdraw the said link on simple written request of the Service Provider, whose liability is strictly excluded for any damage resulting from any technical problem and / or security breach originating from such a hypertext link.
Article 17.2. Reproduction authorization for the Service Provider
. The Service Provider undertakes to respect any intellectual property rights that may be attached to the Customer of which it is aware, during and after the execution of this Contract, and prohibits any use, transfer, transfer, or illegal exploitation of the rights and elements of aforementioned property.
. However, the Customer is fully aware and acknowledges that the Service Provider reserves the right to publish, on its website or on other digital spaces and any marketing media, online or offline, all references, including graphics (texts, logos, illustrations , images, photographs, etc.), partially illustrating the profile and / or certain activities of the Customer and / or the content of the professional achievements made in the context of these TOS for promotional purposes or commercial prospecting.
. At the express request of the User, the Service Provider undertakes to remove it from all its publications space within a maximum period of ten (10) days, with the exception of the promotional documents of the Provider in paper format or having done so. subject of a real and serious investment. Also, it undertakes to respect in this context all rights attached to third parties to which the Client would be bound by contract, as soon as he has knowledge.
. Exceptionally, when the Service Provider requests its agreement by an express and prior written to the Customer to write and publish a blog post or any other professional reference in the aforementioned framework, the Customer acknowledges that his written consent to the publication of said content becomes irrevocable to receipt by the Provider of his written and unambiguous agreement in return for e-mail.
Article 18. Confidentiality
. The Service Provider certifies to protect the confidentiality of your personal data, and to have declared a file of data processing to the Cnil under the number 2096451 v 0, under the responsibility of Mr. Olivier Andrade on behalf of the company OAS Services.
. The Service Provider collects the minimum amount of personal information via the Site and attests to never collect it without clearly informing Users and Customers.
Article 18.2. Confidentiality of data hosted via the Site
. In accordance with Article 13 of these TOS, the Client acknowledges that the data entered by himself in the context of the use of the Services, which are intended to fill his personal management space or software accessible in cloud service on the Site, are hosted by a third party provider responsible for their collection, processing, transit, backup and eventual archiving.
Part 4: Duration and End of the Contract – Disagreements and Disputes
Article 19. Duration of the contract
Article 19.1. Duration of the Contract for Users and Voluntary Deregistration
. These Terms come into effect in all their provisions relating to navigation on the Site as of their acceptance by the User / Customer in accordance with article 3.1 hereof, and will remain in force for the duration of the use of the Site. They are the only opposables and govern the use of the Site throughout its existence.
. The User / Customer may voluntarily unsubscribe from the Site at any time via a feature provided for this purpose on the Site, subject to performing all of its obligations to the Provider, including all payments validly due in under these Terms.
. If necessary, the Service Provider undertakes to notify the completion of the unsubscription within a period of ten (10) days. Receipt of this notification shall terminate this Agreement.
. The User / Client admits without reservation that the voluntary unsubscription described above entails the renunciation of the use of the Services associated with his account, and that a new registration is necessary to regain full enjoyment. The User / Client acknowledges that the non-renewal of a subscription followed by an account closure also entails termination of the Contract.
. In these cases, the Client’s data, including an export of his MySQL database as well as all the contractual documents (such as quotes, invoices, etc.) relating to his profile and his initial subscription, are made available to him. on a cloud server belonging to the Provider or placed under his responsibility, allowing the Customer to download said data via a link provided by email by the Provider.
Article 19.2. Duration of the Contract for Clients
. These Terms and Conditions come into effect in all their provisions relating to the subscription and use of the Site’s functionalities as of their acceptance by the User / Customer in accordance with Articles 3.1 and 8.1 hereof, and will remain in force for a period of time. indefinite on the basis of a monthly subscription with tacit renewal. It is accepted that the validation of each new order carries valid renewal of this acceptance.
. All provisions of the TOS that may reasonably be construed as surviving the full performance, expiration, termination or cancellation of the TOS will survive such performance, expiration, termination or cancellation.
. Regarding one-off special offers, the duration of the commitment when subscribing to the Services or the purchase of the Products depends on the offer concerned, which will be specified prior to the validation of the subscription to this special offer. The Customer acknowledges that the end of the application of any special conditions to these offers entails the application of the normal conditions defined in these TOS in their normal conditions and until their normal expiration.
Article 19.3. Non-renewal of subscriptions
. All subscribed Services in the form of subscriptions are automatically renewed in the absence of any action on the part of the Customer to terminate his subscription, at any time and directly online, either by canceling the recurring payment put in place on his PayPal or Stripe account. linked to his profile on the Site, either on his account via a possible ad-hoc functionality.
. The Customer fully acknowledges that any month started is due, with no possibility of withdrawal or claiming reimbursement of sums paid in accordance with this Agreement.
. In case of non-renewal, the Customer’s request is taken into account for the following month, and the Services associated with his subscription are automatically deactivated on his account.
. The user can still access his profile for the aforementioned period, read basic account information and reactivate a formula of his choice.
Article 20. Suspensions and Account Closures by the Provider
Article 20.1. Suspension of account by the Provider
. The Service Provider reserves the right to suspend an account at any time. The suspension can be lifted and the enjoyment of the online account found in case of compliance by the Customer.
. The Service Provider totally excludes its liability, including to third parties, for any potential damages resulting from suspension under these terms.
. The Service Provider also reserves the right to take action in all appropriate forums to obtain compensation for any damages. Damages giving rise to the right to cancellation and all procedures are for all damages, all costs necessary for the recovery of all claims and all costs of procedures included.
. The Service Provider sends the User concerned an email notifying his failures and giving him notice to comply with his obligations within a period of one (1) month.
Article 20.2. Closing of the account by the Provider
. The Service Provider reserves the right to terminate the contract before its term, or even to act before any appropriate instance (s) to obtain compensation for any possible damages, if it justifies one of the following reasons:
– failure to pay under the conditions specified in these Terms.
– violations of the law in force by the Customer directly or indirectly affecting the Service Provider, as well as the persistent failures and delays on the part of the Customer in the performance of the contractual obligations hereby granted.
– serious violations of the law in force likely to call into question its responsibility as publisher of digital content within the meaning of the law.
– serious and / or repeated failures despite the efforts of the Service Provider.
. In particular, the Customer undertakes not to publish, propose or require the Provider to publish content on the Site, when they are contrary to the laws relating to the fight against child pornography and the apology of terrorism. In such cases, to the detriment of the Service Provider, the Provider shall not be held liable for the existence of such contents and fraudulent intent related thereto, of which it shall in no way be considered as an accomplice, and reserves the right to initiate or facilitate any legal and / or judicial procedure.
. The Service Provider totally excludes its liability, including with respect to third parties, in relation to any potential damages resulting from the account closure effected under these terms. Damages giving rise to the right to cancellation and all procedures are for all damages, all costs necessary for the recovery of all claims and all costs of procedures included.
. The Service Provider sends the User concerned a formal and unambiguous e-mail notifying the termination of this Agreement, which takes effect upon receipt.
Article 21. Force Majeure
. Neither of the two parties will be held responsible for the failure or the delays in the execution of one or more of their obligations resulting from the present CGUS, which would result from the occurrence of a case of absolute necessity within the meaning of the law in force that is to say, resulting from unforeseeable, irresistible circumstances beyond the control of the Parties, despite their reasonable efforts.
. In this case, the Parties agree that the suspension of the obligations is not faulty and lasts for the duration of the force majeure. At the end of this period the reciprocal obligations become applicable under the same conditions.
. As far as possible, the Parties agree to notify each other of the finding of such a case within ten (10) days of its occurrence, and to submit, if possible and on their own initiative, all documents justifying this state.
. If the force majeure suffered by one or both of the Parties exceeds three (3) months, the Parties are entitled to consider their mutual obligations as extinguished and this Agreement terminated, without prejudice to any action resulting in a contrary solution.
Article 22. Assignment of the Contract
. The Customer acknowledges that the Service Provider reserves the right to assign, transfer or provide to a third party, at any time and without having to justify, the rights and obligations arising from these Terms.
. The Service Provider undertakes to carry out any possible assignment in compliance with the law in force, these General Conditions and its own professional ethics.
. The Service Provider undertakes to notify any such assignment to its Users and Clients by any means and by giving one (1) month’s notice prior to the effective date of the assignment.
. In cases of involuntary cessation of activity (judicial liquidation, bankruptcy, etc.), the conditions for taking over this Contract are determined by the legislation in force.
. In accordance with the provisions of articles L441-3 to L441-7, as well as article D441-5 of the French Commercial Code, the Client admits without reservation that any claim remaining due to the Service Provider during the execution of this Contract will be carried forward as a personal contribution. in all cases of bankruptcy or any procedure of cessation of activity of the Customer, voluntary or not.
Article 23. Applicable law and international aspects
Article 23.1 Governing Law
. By express agreement between the Parties, the activity of the whole Site (all uses included, from any country and by a User of any nationality), as well as the present CGUS, are subjected and governed exclusively by the law. French, and must be interpreted under French law.
. These Terms are written in French. In case of translation into one or more language (s), only the French text will prevail in case of dispute.
. The Parties agree that no derogation from these provisions may be accepted, including for any conflict of laws, and waive the invocation of any foreign element to justify the application of any rule of foreign law.
Article 23.2. Restriction of the accessibility of the Site
. In cases where access to the Site and Services is not guaranteed to Users / Clients of certain countries due to foreign legislation, connection difficulties, or any restriction beyond the control of the Service Provider, any resulting damages this restriction can not in any way lead to liability.
Article 24. Disagreements and disputes
Article 24.1. complaints
. Any complaint must be addressed to the Provider, at his choice by mail or by email to the addresses mentioned in the Legal Notice.
. The request must include precisely the reasons for the dispute, justifying a legitimate reason resulting from a failure of the Service Provider in the performance of its contractual obligations and / or a breach of the legislation in force.
. When the Service Provider finds the validity of the application and the supporting documents presented, it undertakes to implement the necessary means to make the Services fit for the intended use and the order within a maximum of one (1) month to from receipt of the request (repair, replacement, or refund).
Article 24.2. Jurisdiction
. In the absence of an amicable resolution of the possible conflicts, and of express agreement between the Parties, the disputes relating to the use of the Site by the Users and Customers, to the present General Conditions of Use of Services, concerning their validity, their interpretation, their execution, their consequences and their consequences, shall be subject to the exclusive jurisdiction of the French courts, namely either the jurisdiction of the place of the registered office of the Service Provider, or the place of residence of the User at the time of the conclusion of the contract or the occurrence of the harmful event.
This contract document was written by Dan Szwarc – Web & Ntic Jurist
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