SALES CONDITIONS - MY DSO MANAGER CONTRACT
Änderungsdatum : Mittwoch, August 19 2015
ARTICLE 1 - IDENTIFICATION OF PARTIES AND THIRD PARTY OPERATORS
1.1 - THE CONTRACTING PARTIES
This SERVICE agreement regulates the relations
- The SERVICE Supplier: the company MY DSO MANAGER / P2B Solutions SARL
here called "MY DSO MANAGER
- The end user of the SERVICE, here called the "CLIENT"
The term "The parties" refers to MY DSO MANAGER
and the CLIENT.
1.2 - THE THIRD OPERATORS
To operate the SERVICE, the parties also use THIRD PARTY OPERATORS services:
- For MY DSO MANAGER: the company Online.net for hosting servers and their connection to the Internet.
- For the CLIENT: an access provider to the Internet and a connection (modem, leased line, xDSL, cable ...).
The term " THIRD PARTY OPERATORS " refers to said companies.
The relationship between the CLIENT and THIRD OPERATORS are not defined in this contract.
For the use of the SERVICE, the CLIENT must subscribe to THIRD PARTY OPERATOR subscriptions necessary for proper access to the Internet. Any interruption of any of these subscriptions suspends MY DSO MANAGER requirements for the performance of this contract. It is the same for any interruption in the operation of the SERVICE provided by THIRD OPERATORS.
ARTICLE 2 - OBJECT OF MY DSO MANAGER SERVICE CONTRACT
As part of this SERVICE contract , MY DSO MANAGER provides the CLIENT with a writing & read access to its own accounting and business data, using the software of MY DSO MANAGER and from any computer connected to the Internet and equipped with a compatible browser.
The database belongs to the CLIENT, as such he is responsible for the content of the information. The data are sent via the Internet after encryption using the SSL protocol. THIRD PARTY OPERATORS are responsible for the delivery of the data, as it travels over the network.
ARTICLE 3 - SUBSCRIPTION TERMS OF SERVICE
The subscription of the SERVICE by the CLIENT is performed by the electronic signature of the order and the payment of the amount equal to the subscription offer chosen.
The subscription of the SERVICE by the CLIENT carries the adhesion of the subscription documents defined. A copy of these terms is given to the CLIENT when signing the SERVICE contract. The mode of transmission of these documents by email after the electronic subscription of the CLIENT is valid.
The CLIENT declared to subscribe to this SERVICE directly related to his business and will use it for its own needs.
The CLIENT is however entitled to subscribe the SERVICE for himself and on behalf of any affiliated company, or any company of which he is an agent for the treatment of accounting data; CLIENT vouching in this case, the compliance of this entity from the requirements of the SERVICE Agreement.
ARTICLE 4 - EFFECTIVE DATE OF THE CONTRACT
The contract comes into effect on the date of receipt by MY DSO MANAGER of subscription documents defined in Article 3 and the agreed modes: email or on the website MY DSO MANAGER.
The period of availability of the SERVICE is immediate and can not exceed eight days from the receipt of these documents completely filled by the CLIENT.
ARTICLE 5 - DURATION, RENEWAL
Unless specific commitment stated in the purchase order, the contract is for a monthly period that begins on the date of its conclusion as set out in Article 4.
The contract is renewed at the request of the CLIENT for a period corresponding to the selected offer by the CLIENT at the prices and conditions of MY DSO MANAGER on the date of its renewal unless terminated accordance with the provisions in Article 6.
ARTICLE 6 - CONTRAT TERMINATION
6.1 - TERMINATION BY THE CLIENT
The contract may be terminated by the CLIENT at any time at least eight days before the next monthly billing cycle. The contract may be terminated by the CLIENT by e-mail at firstname.lastname@example.org
or simple letter addressed to: MY DSO MANAGER
, 140 chemin de Billerey, 38330 Biviers, France
The termination shall take effect at the end of the monthly period during the day of receipt of the termination.
6.2 - TERMINATION BY MY DSO MANAGER
The contract will be automatically terminated by MY DSO MANAGER for the following reasons: in case of non-application of the technical and functional requirements of the MY DSO MANAGER solution, or failure to pay the amounts due under the this contract or breach by the CLIENT herein contractual obligations, including use of the SERVICE in contravention of these provisions. The current month to the date of termination will be counted in the amounts owed by the CLIENT, notwithstanding the provisions below.
In the event of termination by MY DSO MANAGER in cases defined above the CLIENT is required to pay the outstanding amount and due to the termination. Of law, the CLIENT will be required to pay the amounts due plus interest for late payment calculated pro rata basis up to 12% per year, plus a penalty sum of collection costs EUR 40 per overdue invoice.
6.3 - DATA RECOVERY
Upon termination, the CLIENT may resume data in the formats specified in the application. The termination will trigger the obligation for MY DSO MANAGER to delete all CLIENT data in its possession. MY DSO MANAGER agrees to return them in a standard electronic format on request of the CLIENT. The return will be charged to the CLIENT.
ARTICLE 7 - SUSPENSION OF THE CONTRACT
The contract may be suspended and the SERVICE momentarily interrupted by MY DSO MANAGER in the following cases:
- in the event of non-compliance by the CLIENT of Article 11 (Equipement)
- in the event of planned work referred to in Article 12 (Use)
- in case of unavailability of the server in the cases provided for in Article 13 (Access to the servers)
- in the event of non-payment by the CLIENT of any deadline indicated in Article 15 (SERVICE price, payments).
The suspension of SERVICE releases MY DSO MANAGER from its obligation to provide the SERVICE to the CLIENT. Suspension periods are treated as periods of normal operation SERVICE, regarding the duties of MY DSO MANAGER.
ARTICLE 8 - TRANSFERABILITY OF THE CONTRACT BY MY DSO MANAGER
MY DSO MANAGER reserves the right to assign, transfer or give to a third party in any form whatsoever, the rights and obligations arising from this contract.
ARTICLE 9 - OBLIGATION OF INFORMATION, CONFIDENTIALITY, REGULATIONS
The CLIENT agrees to notify in writing MY DSO MANAGER any change in his situation (including change of address, change of its bank details).
MY DSO MANAGER is empowered to amend the SERVICE conditions to comply with any requirement imposed by any particular administrative authorities.
The CLIENT undertakes to use the SERVICE following the laws and regulations, especially in telecommunications. He agrees that the hardware and software connected to the SERVICE comply with current regulations and standards.
In the case where responsibility of MY DSO MANAGER would be sought due to the use of the SERVICE not in accordance with the legislation, the CLIENT will compensate MY DSO MANAGER for all consequences of any action and / or judicial proceeding done against MY DSO MANAGER, whatever its nature.
MY DSO MANAGER shall take measures to ensure the protection and privacy of personal information relating to the CLIENT that MY DSO MANAGER holds or deals in compliance with the provisions of Law No. 78-17 of 6 January 1978 relating to information, files and freedoms. This information may result in exercise of the individual right of access and rectification with MY DSO MANAGER in accordance with Resolution No. 80-10 from 1 April 1980 the National Commission for Computing and Liberties.
MY DSO MANAGER agrees to comply with the strictest confidentiality of CLIENT Data. Each Party agrees to maintain the confidentiality of all information transmitted by the other Party and identified as confidential, and undertakes not to use this information outside the terms of the Contract, unless written consent of the other Party.
However, this privacy statement does not apply to information for which the Party can demonstrate (i) that it had knowledge, (ii) they were in the public domain or have become subsequently before communication by the other Party (iii) the disclosure was required by a competent authority.
ARTICLE 10 - LICENSES
The provision for the needs of the SERVICE, including items related to the Code of Intellectual Property, can not be regarded as a transfer within the meaning of the Code, of any intellectual property right of MY DSO MANAGER for the benefit of the CLIENT.
The CLIENT has a simple right of use, personal, for himself and his subordinates, as well as agents of any intangible item made available, within particular the rights conferred on MY DSO MANAGER its suppliers and the sole purpose of SERVICE.
ARTICLE 11 - EQUIPMENT
The CLIENT undertakes to use the computer equipment conform to the requirements of MY DSO MANAGER and appearing on the website of MY DSO MANAGER. He undertakes to subscribe to the THIRD PARTY OPERATORS mentioned in Article 1 contracts complying with the requirements of MY DSO MANAGER and recalled on the website MY DSO MANAGER. Any breach of this article suspend the SERVICE contract.
ARTICLE 12 - USE
The use of the SERVICE or use of equipment or software in contravention with the provisions of the SERVICE subscription conditions, applicable law or the rules of the art, will result in the immediate suspension of the SERVICE, without penalties. Moreover MY DSO MANAGER is authorized to suspend the SERVICE without compensation either side for all planned operations upgrade, preventive maintenance or extension of SERVICE.
ARTICLE 13 - ACCESS TO MY DSO MANAGER SERVERS
MY DSO MANAGER agrees to make every effort to ensure the permanence, continuity and quality of SERVICE of online credit management and collection it offers. MY DSO MANAGER endorsed this as an obligation of complying with trade practices and opportunities to overcome the general risks associated with the use of communication networks and the Internet, and in particular in the reserve proper functioning of the THIRD PARTY OPERATORS designated in Article 1-2. Consequently MANAGER DSO will endeavor to provide continuous access to data 24 H / 24.
MY DSO MANAGER, however, reserves the right to suspend without notice and briefly exceptionally accessible servers for any maintenance work to ensure the proper functioning of the SERVICE.
ARTICLE 14 - ASSISTANCE
DSO provides the CLIENT with technical assistance by e-mail email@example.com
. This assistance covers all the manipulations as described in the online help of the SERVICE. This assistance is not about the content of the information.
ARTICLE 15 - PRICE OF SERVICE - BILLING - PAYMENT
The price of the subscription to the SERVICE is the one mentioned in the order form. It is exclusive of taxes, duties and applicable taxes are added at the rate in force on the date of billing. This price is payable in advance by bank transfer, paypal or credit card. If new account, the CLIENT agrees to immediately provide all the necessary treatment to avoid any interruption of payment and SERVICE.
Any payment incident due to the CLIENT automatically entails the suspension of the SERVICE until full payment of due amounts plus late payment penalties.
ARTICLE 16 - INTELLECTUAL PROPERTY
MY DSO MANAGER owns and retains all proprietary rights relating to the MY DSO MANAGER Service in general and in particular to the MY DSO MANAGER tool that are protected by the code of intellectual property. The contract does not involve any assignment for the benefit of the CLIENT of any intellectual property right on the MY DSO MANAGER Service in general. The CLIENT may not modify, copy, reproduce, download, distribute to third parties, transmit, process, sell or distribute in any way any or all the elements contained in the MY DSO MANAGER tool.
The CLIENT specifically prohibits proceed directly or arrange to reverse engineer or decompile, covering all or part of the object code of the MY DSO MANAGER tool. The particulars concerning the rights of MY DSO MANAGER or its licensors shall not be altered or masked by the CLIENT.
ARTICLE 17 - LIABILITY
MY DSO MANAGER is subject to an obligation of means to the exclusion of any other, it ensures compliance of the software used, the specifications described in the manual, materialized by the online help. MY DSO MANAGER uses all the means of supervision and intervention to ensure the provision of the SERVICE, continuity and performance. MY DSO MANAGER uses all means necessary and consistent with the rules of the art for data retention.
The parties expressly agree that the responsibility for MY DSO MANAGER may be held liable in the event of a proven fault constituting a breach of the provisions of this contract.
MY DSO MANAGER shall not be held liable for damages incurred by the CLIENT and related including:
- Any SERVICE interruption independent of the control of MY DSO MANAGER and any subsequent interruption in cases of suspension of the contract referred to in Article 7 (especially late payment, work on the servers).
- A use of the SERVICE by the CLIENT not in accordance with provisions of the SERVICE contract, the applicable regulations or the rules of art.
- An inadequacy in the hardware or software used by the CLIENT, including the use by the CLIENT of hardware, software, subscriptions to THIRD PARTY OPERATORS non-compliant with instructions of MY DSO MANAGER contained on the web site.
- Any incident or interruption SERVICE caused by a failure occurring on telecommunications networks or the hardware and software used by the CLIENT.
- The difficulties of access and delays due to network saturation in certain periods.
- The difficulties and problems related to the characteristics and limitations of the Internet.
- The diversion or theft of the CLIENT connecting hardware.
- The content or the nature of the data sent or received by the CLIENT.
ARTICLE 18 - FORCE MAJEURE EVENT
Cases of force majeure or unforeseeable circumstances within the meaning of Article 1148 of the Civil Code and the jurisprudence of the Supreme Court suspend the obligations of the SERVICE contract. The parties, however, endeavor, in this case, to take all measures reasonably possible for the continuation of the SERVICE contract.
The parties recognize already as force majeure or fortuitous events, a partial or malfunction of the SERVICE resulting of disruptions or interruptions of telecommunications resources managed by local operators which the network is connected, the exceptional weather floods, where riot, war or terrorist attacks, cases of total or partial strikes, blockade of transport.
ARTICLE 19 - PREJUDICE
The responsibility for MY DSO MANAGER is expressly limited to the amount of the sum effectively paid by the CLIENT and its related companies under the SERVICE causing the injury during the previous twelve months of the event.
In no case, MY DSO MANAGER can not be held responsible for the following damage sustained by the CLIENT and its related companies, such as commercial loss, loss of goodwill, loss control, commercial disruption, loss of profit, damage the image brand ...
Any action against the CLIENT by a third party constitutes indirect damage and therefore not compensable by MY DSO MANAGER.
By express agreement between the parties, no legal action or claim of any kind can be held or made by either party more than one year after the cause of action accrues.
ARTICLE 20 - MUTUAL AGREEMENT PROCEDURE
In case of difficulty of execution or interpretation of the SERVICE contract, prior to any referral to a competent court, the parties intend to submit to a mutual agreement procedure.
For this purpose each party shall appoint a representative of his general direction. These representatives will have the mission to meet and reconcile the views of each party within one month of the appointment by the first party's representative. In case of agreement between the parties, a settlement agreement will be signed by the parties.
In case of absence of agreement within the said period, each party recovers its full freedom of action.
ARTICLE 21 - APPLICABLE LAW - JURISDICTION
This contract is governed by French law.
Subject to the quality of merchant of the CLIENT, any dispute concerning the interpretation or execution of this contract will be the exclusive jurisdiction of the Tribunal de Commerce de Grenoble, France.
ARTICLE 22 - DEONTOLOGY
MY DSO MANAGER promotes healthy recovery practices that are respectful of companies and persons.
MY DSO MANAGER prohibits any practice that amounts to:
- Harassment: multiplication of dunning actions over a short period while nothing justifies them,
- Unsubstantiated threats: abusive threats of actions of bailiffs or lawsuits while the claim is not undisputed or that the creditor is not able to prove that the debt is not disputable.
These practices are designed to carry an excessive psychological pressure on the debtor when the creditor or the company that performs the recovery on behalf of the creditor does not have the necessary documents (purchase order, invoice, contract, delivery documents. .. etc.) to prove the undeniable character of the claim.
If such practices were found in the application, DSO MY MANAGER reserves the right to suspend and cancel immediately and without notice the subscription of the user. The user will be reimbursed for the paid and unopened month subscription. Any month started is not refundable.