GENERAL TERMS AND CONDITIONS
1. Company identification
LEGAL 230 (the " Company ") is a société par actions simplifiée (simplified joint stock company), registered in the Paris Trade and Companies Register under number 885324129, with its registered office at 75 Boulevard Haussmann, 75008 - Paris.
The Company can be contacted at the following address:
- e-mail address: contact@legal230.com,
- telephone number: 01 84 80 21 20
2. Services on offer
The Company offers legal translations, sworn translations by sworn translators, legalization of foreign documents and interpreting services (the " Services ") to professionals (the " Customers ").
These Services are delivered via the platform accessible at https://legal230.com/ (the " Platform ").
The Company offers various services (the " Offerings "), in particular:
- The "Pay as use" offer, under which the Customer only pays for the Services ordered.
- Subscription-based Offers in which the Customer benefits from Services in return for payment of a subscription fee.
- The " Enterprise" Offer is based on a quotation tailored to the customer's specific needs.
All Offers are presented on the Company's website, accessible at the following address: https: //legal230.com/ (the " Site ").
- Information on General Conditions
How the General Conditions work
| The general terms and conditions (the " General Terms and Conditions ") constitute the main document governing the contractual relationship and define : - the terms of use of the Services, - The respective obligations of the Company and the Customer.
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Location of the General Conditions | The Customer can access the General Conditions via a direct link at the bottom of the Platform page.
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Terms and conditions of acceptance | The Customer accepts the General Terms and Conditions by ticking the appropriate box at the end of the subscription process for the selected Offer. If the Customer does not accept all the General Terms and Conditions, he/she cannot access the Services.
They may be supplemented by special conditions which, in the event of contradiction, take precedence over the General Conditions.
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The quotation (the " Quotation ") | - The "Enterprise" Offer is a customized Offer based on a Quotation. - In this case, the Customer is invited to accept the Quotation in writing (including by e-mail) within the period indicated therein. This acceptance implies acceptance of the General Terms and Conditions in their version in force at the date of the Quotation. - In the event of contradiction, the most recent Quotation shall prevail over the General Conditions. - The Quotation may be followed by the issue of purchase order(s) which must be validated by the Company.
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4. Conditions of access to Services
- The Customer is a legal entity acting through a natural person with the power or authority to contract in the Customer's name and on the Customer's behalf.
- The Customer is a professional, understood as any natural person or legal entity acting for purposes within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
5. How to subscribe to the Services
Subscription requires the Customer to register on the Platform by filling in the form provided on the Platform. The Customer must provide the Company with all the information marked as mandatory. Incomplete registrations will not be validated.
Registration automatically opens an account in the Customer's name (the " Account "), enabling him/her to access the Services using his/her login and password.
After validating the creation of an Account, the Customer can subscribe to Services directly on the Platform.
Acceptance of these General Terms and Conditions is evidenced by a checkbox at the end of the subscription process.
Once the Customer's Account has been created, the Customer may create accesses for users (" Users ") up to the number specified in the subscribed Services.
The Customer is solely responsible for creating access for Users, for setting their access rights and for their personal use of the Platform.
6. Description of Services
6.1 Services
Before subscribing, the Customer acknowledges that he/she can find out about the characteristics of the Services and their constraints, in particular technical constraints, on the Platform.
The Customer acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which the Company is not responsible.
All Services are described on the Site. The Company reserves the right to propose any other Offer and/or Service.
Any request to modify the Services subscribed to must be the subject of a new subscription.
6.2 Maintenance, hosting, technical support
6.2.1 Maintenance
For the duration of the Platform Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.
Concerning corrective maintenance, the Company makes its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Platform.
Concerning evolutionary maintenance, the Customer benefits during the duration of the Platform Services from evolutionary maintenance, which the Company may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and evolutionary maintenance operations mentioned above.
6.2.2 Hosting
Under the terms of an obligation of means, the Company hosts the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or via a professional hosting provider, and on servers located in a territory of the European Union.
6.2.3 Technical support
In the event of any difficulty encountered when using the Services, the Customer may contact the Company using the contact details given in the article "Identification of the Company".
7. Duration
- Offer duration "Pay as use
In the case of a "Pay as use" Offer, the Customer subscribes to the Services for an indefinite period.
The Customer may terminate access to the Services at any time via the Platform, provided that the Customer has paid for all Services.
- Duration of Subscription Offers
Under a Subscription Offer, the Customer subscribes to the Services in the form of a subscription which begins on the day of subscription for an initial period indicated on the Platform (the " Subscription ").
The Subscription is tacitly renewed, for successive periods of the same duration as the initial period (together with the initial period, the " Periods "), from date to date, unless the Subscription is terminated by giving one month's notice before the end of the current Subscription Period.
- Duration of the Enterprise Offer
The Duration of the Enterprise Offer is that indicated in the Quotation.
8. Financial terms and conditions
- Price
8.1.1 Pay as use" offer
The price of the Services requested by the Customer is indicated after the Customer's request on the Platform. The price of a Service is calculated according to the Customer's request.
All Services ordered by a User are due in full.
Unless otherwise stated, prices for Services are in euros and exclusive of tax.
The Company is free to offer promotional offers or price reductions.
8.1.2 Subscription offer
Subscription prices are indicated on the Platform. The price of a Subscription is indicated per User.
All Subscriptions taken out by the Customer are due in full.
Unless otherwise stated, Subscription prices are in euros and exclusive of tax.
The Company is free to offer promotional offers or price reductions.
8.1.3 Enterprise offer
For the Enterprise Offer, prices are indicated in the Quotation.
Any Price mentioned in the Quotation must be paid in full by the Customer.
- Billing and payment of payment terms
The Company sends the Customer an invoice by any useful means, in particular by e-mail.
For "Pay as Use" and Subscription Offers, payment for Services is made either :
- by credit card via the secure online payment service specified on the Company's Platform.
- by direct debit, if the option is activated for the Customer.
By way of derogation, for Subscription Offers with a minimum duration of one year, payment may also be made on receipt of the invoice within 15 days at the customer's request.
For the Enterprise Offer, invoicing and payment terms are specified in the Quotation. In the absence of any stipulation in the Quotation, the terms and conditions of the Subscription Offer as set out in these general terms and conditions shall apply.
- Late and default of payment
In any event, in the event of non-payment or late payment, the Company reserves the right, from the day after the due date shown on the invoice, to charge late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a fixed indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
The Company also reserves the right, within a period of 15 calendar days following receipt of a formal notice by registered letter, which has remained without effect, to immediately suspend the Services in progress until full payment of the sums due.
9. Customer's right of withdrawal
The Customer benefits from a right of withdrawal (i) if he/she is a professional with 5 or fewer employees, (ii) is purchasing a good or service that does not fall within his/her main field of activity (i.e. does not relate in any way to the Services) and (iii) the contract is concluded "off-premises", i.e. in particular :
- in a place, other than the Company's premises, where the Company and the Customer were physically present at the same time,
- at the Customer's premises or by means of a remote communication technique, immediately after the Company has personally and individually solicited the Customer (i) at a location other than the Company's premises and (ii) where the Company and the Customer were physically and simultaneously present together.
10. Intellectual property rights
10.1 Intellectual property rights on the Platform
The Platform is the property of the Company, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) it uses. They are protected by all applicable intellectual property rights or database producers' rights. The license granted by the Company to the Customer does not entail any transfer of ownership.
The Customer is granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration specified in the article " Duration of subscription to the Services ".
The parties may use their respective names, brands and logos and refer to their respective platforms as commercial references for a period of 3 years from acceptance of the General Terms and Conditions.
10.2 Intellectual property rights on Content
The Customer retains all intellectual property rights relating to any element belonging to the Customer and pre-existing the Contract, including all data, documents, texts and content (the " Content ") of the Customer necessary for the performance of the Services.
The Customer grants the Company a non-exclusive license to use the Customer's Content in connection with the performance of the Services and the application of the " Data " article.
This license is granted for the entire duration of the Services, worldwide, without restriction or reservation.
10.3 Intellectual property rights on Translations
The Company transfers to the Customer on an exclusive basis, as and when they are created, the translations resulting from the Services (the " Translations "), as well as all related Intellectual Property rights, including without exception or reservation all rights of reproduction, representation, translation, adaptation, transformation and arrangement, for any direct or indirect use or exploitation of all or part of the Translations, and of any creation derived therefrom, by any means whatsoever, for any purpose whatsoever, in any form and on any medium whatsoever, including those not foreseeable or foreseen at the date of the assignment.
The present transfer of intellectual property rights is effective everywhere, both in France and abroad, and for the legal duration of the copyright on the Translations.
The Company acknowledges that the modifications, adaptations, developments, evolutions, translations, transcriptions, etc., of the Translations are the exclusive intellectual property of the Customer. The cost of the transfer of rights is included in the price of the Services payable by the Customer to the Company.
11. Testimonials
Customers may submit testimonials concerning their use of the Services.
Consequently, the Customer agrees that the Company may :
- distribute the testimonials free of charge on the Platform and on any other French or foreign websites, published by any companies with which the Company has agreements, by any means and on any medium, for the purpose of promoting the Platform,
- translate testimonials into any language,
- modify (in particular the framing, format and colors) and/or adapt the testimonies (in particular to the technical constraints of the Platform (alterations or degradations in their quality).
12. Customer's obligations and warranties
- The Customer undertakes to provide the Content, the object of the Services, and all documents, elements, data and information necessary for the proper performance of the Services.
The Customer is solely responsible for their accuracy and completeness, and the Company cannot be held liable for any errors, misprints, omissions or information that may mislead the Company.
- The Customer undertakes to deliver the Content in its final form and in digital format within the deadlines set by the Company by any means.
- The Customer undertakes to cooperate actively with the Company and in good faith with a view to the proper performance of the Services. In this respect, where specific terminology must be respected, the Customer undertakes to provide glossaries and/or reference texts.
- The Customer undertakes to comply with any deadlines imposed by the Company.
Any delay attributable to the customer postpones the agreed delivery date by the same amount.
- Concerning the Account, the Customer :
- guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
- acknowledges that this information is proof of its identity and commits it as soon as it is validated,
- is responsible for maintaining the confidentiality and security of its login and password. Any access to the Platform using the latter shall be deemed to have been made by him/her.
The Customer must immediately contact the Company at the address mentioned in the article " Identification of the Company " if he finds that his Account has been used without his knowledge. The Customer acknowledges that the Company shall have the right to take all appropriate measures in such a case.
- The Customer is responsible for his use of the Platform and any information he shares in this context. He undertakes to use the Platform personally and not to allow any third party to use it in his place or on his behalf. The Customer is also responsible for the use of the Platform and Services by Users. The Customer undertakes to ensure that the Services are used exclusively by the Customer and/or the Users, who are subject to the same obligations as the Customer in their use of the Services.
- The Customer undertakes not to use the Services for purposes other than those for which they were designed, and in particular to :
- engage in illegal or fraudulent activity,
- undermine public order and morality,
- prejudice third parties or their rights in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- promote its services and/or sites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.
The Customer also refrains from :
- copy, modify or misappropriate any element belonging to the company or any concept it exploits within the framework of the Services,
- engage in any behavior likely to interfere with or hijack the Company's IT systems or undermine its IT security measures,
- prejudice the financial, commercial or moral rights and interests of the Company,
- market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to the Company.
- The Customer warrants that :
- Do not offend public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- Do not infringe the rights of third parties (infringing content, violation of personality rights, etc.) and more generally violate any contractual, legislative or regulatory provision,
- Are not detrimental to third parties in any way whatsoever,
- Are not misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities.
- The Customer indemnifies the Company against any claim and/or action that may be brought against it as a result of the breach of any of the Customer's obligations. The Customer shall indemnify the Company for any loss suffered and reimburse the Company for any sums it may have to bear as a result.
13. Obligation and liability of the Company
- The Company undertakes to provide the Services with all due care, diligence and skill, in accordance with the rules of the trade. Nevertheless, the Customer acknowledges that each language has different keywords appropriate to that particular language and target market. In this respect, translations and interpretations can be carried out in a variety of ways, and the Company is free to opt for the translation or interpretation it considers most suitable, unless the Customer has expressly requested a specific translation or interpretation by sending a lexicon and/or terminology.
- The Services are limited to translation; the Company does not study the quality or legality of the Content and cannot be held liable in any way in this respect.
- The Company will use its best endeavours to respect the timetable for completion of the Services. It shall not be held liable in any way, except in the event of proven fault on its part.
- The Company makes every effort to provide the Customer with quality Platform Services. To this end, it carries out regular checks to verify the operation and accessibility of its Platform Services, and may carry out maintenance under the conditions specified in the "Maintenance" article.
However, the Company shall not be liable for any temporary difficulties or impossibilities in accessing its Platform Services caused by :
- circumstances outside its network (and in particular the partial or total failure of the Customer's servers),
- failure of equipment, cabling, services or networks not included in its Platform Services or not under its responsibility,
- interruption of Services by telecom operators or Internet service providers,
- the Customer's intervention, in particular through incorrect configuration of the Platform Services,
- force majeure.
The Company is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the :
- subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,
- are standard and in no way tailored to the customer's personal requirements, and will meet the customer's specific needs and expectations.
- The Company makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article, or in the event of force majeure.
- The Company shall use its best efforts to save all data produced and/or entered by/on the Platform.
Except in the case of proven fault on the part of the Company, it is not liable for any loss of data during maintenance operations.
- The Company provides sufficient storage capacity for the operation of the Platform Services.
The Company makes every effort to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
- The Company may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as the Company. Nevertheless, the Company remains solely responsible to the Customer for the proper execution of the Services.
The Company may substitute any person who will be subrogated to all its rights and obligations under its contractual relationship with the Customer. In such a case, the Company will inform the Customer of this substitution by any written means.
14. Limitation of the Company's liability
The Company's liability is limited solely to proven direct damage suffered by the Customer as a result of using the Services.
With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, the Company cannot be held liable for an amount greater than the amounts it has received in connection with the provision of the Services.
Furthermore, the Company cannot be held liable, for any reason whatsoever, if the Customer carries out any adaptation, translation, modification, arrangement or correction of the Content.
15. Admissible methods of proof
Proof may be established by any means.
The Customer is hereby informed that the messages exchanged via the Platform, as well as the data collected on the Platform and the Company's computer equipment, constitute the principal admissible means of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
16. Privacy
Unless otherwise agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and 3 years thereafter, all information relating to or held by the other party, of which they may have become aware during the conclusion and performance of their contractual relationship.
This obligation does not extend to :
- of which the receiving party was already aware,
- already public at the time of their communication or which would become public without violation of this clause,
- lawfully received from a third party,
- whose communication would be required by the legal authorities, in application of the laws and regulations or with a view to establishing the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
17. Social regulations
The Company must provide the Customer with the following documents as soon as the total amount of the Services is at least 5,000 euros excluding VAT, at the Customer's request and as often as necessary, until completion of the Services:
- a document certifying the company's registration, dated within the last 3 months (identification card if registered with the Trade Register, K or K bis extract if registered with the Commercial Register),
- an up-to-date certificate of compliance from the social security body responsible for collecting social security contributions.
18. Data security and confidentiality
The Company undertakes to obtain the Customer's prior consent before any use of the Customer's data, in particular data from all Content shared by the Customer (the " Data "), for the purposes of training, refining and improving the Platform. The consent thus given by the Customer may be freely revoked at any time on the Customer's Account.
In the event that the Customer gives its consent, the Company formally undertakes to use the Data only after it has been pseudonymized, so that no personal or identifiable information is used in the model training process. The Company will use its best endeavors to enable the Data to be anonymized;
In all cases, the Company undertakes to implement appropriate technical and organizational measures to guarantee the security, protection and confidentiality of the Data against any unauthorized access, use or disclosure.
For further information on the Company's commitments in terms of Data confidentiality and security, the Customer is invited to consult the dedicated page available at the following address: https: //legal230.com/
19. Processing of personal data
- Terms and conditions for the processing of personal data by the Parties as data controllers in the context of the management of the contractual relationship
The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent on them in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the RGPD (together the " Applicable Regulations ").
For the purposes of managing the contractual relationship between the parties, each party processes the personal data of the other party's contacts in its capacity as data controller within the meaning of the applicable Regulations, for the duration of the present contract. This processing is necessary for the proper execution of the present contract, and concerns only the identification data (notably surname, first name, e-mail address, telephone number) of the parties.
The parties' staff, their supervisory departments (auditors in particular) and their subcontractors may have access to the personal data collected.
Such processing may give rise to the exercise by the parties' interlocutors of their rights under the applicable Regulations, namely: (i) to obtain communication and, where appropriate, rectification or deletion of data concerning them, (ii) to request erasure or limitation of processing, (iii) to object to processing on legitimate grounds, (iv) to request portability of data concerning them, in order to retrieve and retain them, and (v) to lodge a complaint with a competent supervisory authority.
- Processing of personal data by the Company as a subcontractor
- Description of outsourced processing
In the context of the Services, the Company processes personal data in the name and on behalf of the Customer as a subcontractor, while the Customer acts as a data controller within the meaning of the applicable Regulations, in particular when the Customer uses the Services and Users are required to enter the identification data of other Users or of the Customer's employees in the context of project management. The characteristics of such processing are described in Appendix 1 hereto.
- The Company's obligations to the Customer
- Data processing :
The Company undertakes to process personal data only for the purposes listed in Appendix 1 and in accordance with the Customer's documented instructions, including with regard to the transfer of data outside the European Union. The Company undertakes to inform the Customer if, in its opinion, any instruction constitutes a breach of the applicable Regulations. The Company reserves the right, without incurring any contractual liability as a result of such suspension, to suspend processing until such time as the Customer modifies the instruction in question so that it no longer violates the applicable Regulations. Such suspension shall not give rise to any reimbursement of the price of the Services for the period of suspension. If the Customer does not modify but maintains the instruction in question, the Company reserves the right to terminate the Contract immediately and without charge.
In addition, if the Company is required to transfer data to a third country or to an international organization under the law applicable to the present, it must inform the Customer of this legal obligation prior to processing, unless the relevant law prohibits such information for important reasons of public interest.
- Data security and confidentiality :
The Company undertakes to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, its backup and the restoration of its availability in the event of a physical or technical incident. The Company also ensures that persons authorized to process personal data are subject to the obligation to maintain confidentiality.
- Other subcontractors :
The Company is authorized to use the subcontractors listed in Appendix 1 hereto to carry out specific processing activities in connection with the processing of Customers' personal data (hereinafter the " Further Subcontractors ").
Subsequent Subcontractors are required to comply with the obligations hereunder on behalf of and in accordance with the Customer's instructions. It is the Company's responsibility to ensure that subsequent Subcontractors present the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that processing meets the requirements of the applicable Regulations.
If Subsequent Subcontractors fail to meet their data protection obligations, the Company shall remain fully liable to the Customer for Subsequent Subcontractors' performance of their obligations.
In the event of a change in the list of authorized Subcontractors, the Company will inform the Customer in advance by any written means, including e-mail. This information must clearly indicate the subcontracted processing activities, and the identity and contact details of the subsequent Subcontractor.
The Customer has a period of 15 days from the date of receipt of this information to object to the subcontracting by the subsequent Subcontractor. If no objections are received within this period, the Customer will be deemed to have accepted the use of the subsequent Subcontractor.
If the Customer does not accept the subsequent Subcontractor, it must terminate the Services in accordance with the terms and conditions set out in the article "Termination of User Licenses, end of Services".
- Transfer of personal data outside the European Union :
The Company is authorized to transfer personal data processed hereunder to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.
- Assistance and information :
The Company undertakes to assist the Customer and to respond as quickly as possible to any request for information sent to it by the Customer, whether in connection with a request for the exercise of their rights by the persons concerned, an impact analysis, or a request submitted by the data protection authorities or the Customer's data protection delegate.
- Notification of personal data breaches :
The Company undertakes to notify the Customer as soon as possible after becoming aware of any breach of personal data and to provide the Customer with any useful information and documentation relating to such breach.
- Fate of data :
The Company undertakes, at its option, to delete personal data on expiry of the present contract or to return it to the Customer and not to keep a copy of it, unless required to do so by the applicable Regulations.
- Reuse of data by the Company :
The Customer hereby authorizes the Company to process personal data collected as part of the services (in particular connection and identification data) for the purpose of improving the Services, and in particular to compile statistics on how the Tool is used by users. In this context, the Company will act as data controller within the meaning of the applicable Regulations, and undertakes in this respect to comply with the legal provisions on data protection in connection with the aforementioned processing operations.
- Documentation :
At the Customer's request, the Company shall make available all information and documents required to demonstrate compliance with its obligations and to enable audits to be carried out. The Customer may thus carry out audits once a year, at its own expense, in order to verify the Company's compliance with the obligations set out in this article. The Customer shall give the Company at least 2 weeks' notice of the audit. The Company reserves the right to refuse the identity of the auditor selected if he or she belongs to a competing company. The audit must be carried out during the Company's working hours and in such a way as to cause the least possible disruption to its business. The audit may not in any way undermine (i) the technical and organizational security measures deployed by the Company, (ii) the security and confidentiality of the data of the Company's other customers, or (iii) the smooth running and organization of the Company's production. Wherever possible, the parties will agree in advance on the scope of the audit. The audit report will be sent to the Company in order to allow the latter to formulate any observations or remarks in writing, which will be appended to the final version of the audit report. Each audit report will be treated as confidential information.
- Customer's obligations to the Company :
The Customer undertakes to :
- provide the Company with the personal data referred to in Appendix 1, excluding any personal data that is irrelevant, disproportionate or unnecessary, and excluding any "special" data within the meaning of the applicable Regulations, unless justified by the processing, it being the Customer's responsibility to establish such justifications and to take all measures, in particular prior information, consent and security measures, appropriate for such special data;
- to collect, under its responsibility, in a lawful, fair and transparent manner, the personal data provided to the Company, for the performance of its services, and in particular, to ensure the legal basis of this collection and the information due to the persons concerned;
- keep a data processing register and, more generally, comply with the principles set out in the applicable regulations;
- ensure compliance with the obligations set out in the applicable regulations beforehand and throughout the processing period.
20. Force majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship. Force majeure includes :
- any case meeting the conditions of article 1218 of the French Civil Code and recognized by case law,
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or defects attributable to a third-party telecommunications provider.
If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter, and must be resumed within a reasonable time once the force majeure has ceased.
The prevented party nevertheless remains bound by the performance of any obligations not affected by force majeure and by any payment obligations.
21. Penalties for breaches
In the event of a breach by the Customer of any of its obligations under the General Terms and Conditions, the Company reserves the right to suspend/withdraw the Customer's access to the Services or to terminate the present General Terms and Conditions 15 days after receipt by the Customer of a formal notice, which has remained without effect, or if the breach cannot be remedied, by registered letter with acknowledgement of receipt, stating the intention to apply the present clause, without prejudice to any damages which may be claimed from the Customer.
Termination of the Services entails deletion of the Customer's Account.
22. End of Services
The Services may be terminated by the Customer directly on the Platform, via his Customer Account, under the conditions specified herein and in particular in the " Duration " article.
The Customer and Users no longer have access to their Account or to the Platform once the Services have ended.
23. Modifications to the General Terms and Conditions
The Company reserves the right to modify the General Terms and Conditions at any time and will inform the Customer by any written means (and in particular by e-mail) at least 15 calendar days before they come into force.
- Pay as you use" offer
If the Customer does not accept these modifications, he must unsubscribe from the Services in accordance with the terms and conditions set out in the article " Duration of the Pay as Use Offer ".
If the Customer uses the Services after the entry into force of the modified General Terms and Conditions, the Company considers that the Customer has accepted them.
- Subscription offer
The modified General Terms and Conditions come into force at the time of renewal of the Subscription Period.
If the Customer does not accept these modifications, he may terminate the Services and not renew his Subscription Period in accordance with the terms set out in the article " Duration of Subscription Offers".
- Enterprise Offer
The version of the General Conditions in force is the one accepted by the Customer on the day the Quotation is signed.
Should the General Terms and Conditions be amended, they will not be modified for the duration of the commitment period stipulated in the Quotation, except with the prior agreement of the Customer.
24. Autonomy of the General Terms and Conditions and severability
The General Conditions represent the entire agreement between the Parties. It replaces and cancels any previous oral or written undertaking relating to the subject of the General Conditions.
The nullity or inapplicability of any of the stipulations of the General Terms and Conditions shall not entail the nullity of the other stipulations, which shall retain their force and scope. The parties will then come together to agree in good faith on the necessary amendments so that each of them finds itself in an economic situation comparable to that which would have resulted from the application of the invalid clause.
25. No waiver
The failure or waiver by a party to exercise or assert any right whatsoever conferred upon it by the General Terms and Conditions shall in no event be deemed a waiver of such right for the future, such waiver having effect only in respect of the event in question.
26. Language
In the event of translation of the General Terms and Conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.
27. Applicable law and jurisdiction
The General Terms and Conditions are governed by and shall be construed in accordance with the laws of France.
In the event of any dispute between the parties concerning its validity, interpretation or performance, the parties will endeavor to settle their differences amicably. In the absence of agreement within one month of the first notification by any written means sent by one party to the other concerning the dispute in question, the latter will be subject to the exclusive jurisdiction of the courts of Paris (France), even in the event of multiple defendants or third-party claims.
APPENDIX 1: CCA
- Description of data processing carried out by the Company on behalf of the Customer
Purposes of processing personal data | Performance of Services |
Nature of processing operations | Collecting, recording, storing, using, consulting, making available |
Type of personal data processed | Customer identification data (surname, first name, address, e-mail, telephone) |
Categories of people concerned | Users |
Duration of treatment | Duration |
- List of authorized subcontractors
Authorized subcontractors | Outsourced processing activities | Location of treatments | Appropriate safeguards in place for data transfers outside the EU |
Oracle | [-] | [-] | [-] |
Custom.MT | [-] | [-] | [-] |