ARTICLE 1 – General provisions
1.1 The term “Customer” designates any person, legal or natural, who has subscribed to the Mappr subscription offer.
1.2 The term “Consumption” refers to any action by the Customer which is similar to use of the subscription.
1.3 The term “Third Party” refers to any natural or legal person not party to these General Conditions of Sale (CGV).
1.4 These General Terms and Conditions govern the contractual relationship between the Parties. The Customer acknowledges having the status of professional, in accordance with the provisions of the applicable Consumer Code. The Client acknowledges having the authority to bind the company.
1.5 These General Terms and Conditions replace any other previous document, any other written or verbal agreement in relation to the same subject, and take precedence over any contrary provision which may be contained in the documents emanating from the Customer.
1.6 If any provision of these T&Cs or its application to any person or circumstance is deemed void, this nullity will not concern the other provisions or applications of these T&Cs, which will remain in force, separately from the provision deemed void. To this end, the provisions of these General Terms and Conditions are declared autonomous.
1.7 The General Terms and Conditions are written in French. An English translation can be provided for your information. In the event of a contradiction, only the French version will be authentic between the Parties.
ARTICLE 2 – Technical means – Characteristics of the service
2.1 Before any use of the Site and the service, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the services on the Site and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good working order and does not contain viruses.
2.2 The service is available online. It gives access to detailed functionalities when subscribing to the service.
ARTICLE 3 – Purpose
3.1 The purpose of these General Terms and Conditions is to determine the conditions under which VECTUEL grants the Client, who accepts it, the non-transferable, non-exclusive and personal right to use the service, the characteristics of which are specified in the previous article.
3.2 VECTUEL expressly reserves, without compensation, the right to modify, for purposes of improvement, without notice and at any time all or part of the service or its access methods and, where applicable, the presentation and/or content features.
3.3 The General Terms and Conditions are systematically sent or given to each Customer before subscribing to the service. Consequently, checking the acceptance box for the T&Cs prior to registering one's RIB with the payment provider implies the Customer's full and unreserved acceptance of these T&Cs, to the exclusion of all other documents in question. its possession such as catalogs or advertising brochures issued by VECTUEL, which will only have an indicative and non-contractual value.
ARTICLE 4 – Access to the service
4.1 The Customer accesses the online service via the Internet, via the Site, using an identifier and a password communicated to him upon creation of his account or directly via the URL without restriction.
4.2 The Customer will thus have access to the service in SaaS mode 24/7 except in the event of maintenance operations, possible breakdowns or force majeure affecting VECTUEL.
4.3 The Customer is responsible for taking out, with an Internet access provider, a subscription allowing him to access the Site and the service. The Customer ensures the compatibility of its technical environment required for access and/or use of the service.
4.4 The Customer undertakes not to resell the services included in the service to its customers or Third Parties. In the event of non-compliance with this obligation, VECTUEL may immediately suspend the performance of its services, without having to justify this to the Client.
ARTICLE 5 – Updates – Maintenance
5.1 The service accessible via the Site is subject to regular updates by VECTUEL.
5.2 VECTUEL undertakes to do its utmost to ensure that maintenance operations do not disrupt the Customer's use. When maintenance or update operations result in the suspension of the service, VECTUEL undertakes to notify the Customer as soon as possible
ARTICLE 6 – Duration
Mappr subscription and associated options
6.1 Annual payment plans : The contract takes effect from the date of activation of the service for the initial and firm duration (“Initial Term”) of one (1) year. At the end of this initial Duration, the contract is renewed by tacit agreement for the same duration and therefore new subscription fees will be due annually.
6.2 Termination of annual payment packages : The contract may be terminated at any time by sending a written request to info@vectuel.com. The total amount paid for the subscription remains due to the Company.
ARTICLE 7 – Termination
7.1 Subject to public order provisions, VECTUEL and the Client may terminate the Contract in the event of serious misconduct not remedied within thirty (30) days following formal notice, subject to notifying their decision to the other Party, by registered letter with acknowledgment of receipt.
Constitutes a serious fault (i) the fact for a Party of not remedying a serious contractual breach within fifteen (15) days following the letter of formal notice sent by registered letter with acknowledgment of receipt, (ii) the total or partial non-payment of an invoice when due by the Customer.
7.2 Constitutes serious misconduct within the meaning of the preceding article:
– non-payment of an invoice
– the violation by the Client of the scope of the rights granted to him under the contract
– an attempted intrusion or attack on the integrity of the Site by the Customer
7.3 In the event of early termination of the contract at the fault of the Client, whatever the cause, all remaining sums owed by the Client will be immediately due without prejudice to any damages which may be due to VECTUEL. Furthermore, the defaulting Party undertakes to compensate the other Party for all proven damages that it has suffered and resulting from the termination of the contract due to a failure by the defaulting Party to fulfill its contractual obligations.
ARTICLE 8 – Order – Price – Payment
Price
8.1 In return for access to the service under the conditions provided for herein, the Client undertakes to pay VECTUEL remuneration for use of the service. In the event of early termination of the Contract for any reason whatsoever, the Customer undertakes to pay VECTUEL all sums remaining due in respect of the Service fee.
8.2 The amount of remuneration for the service is indicated in the quote, in euros, excluding taxes and all taxes included. The prices indicated are those in effect on the day the contract is signed.
8.3 The amount of remuneration for the service is payable upon signing the contract. Payment for the service will be made by automatic monthly or annual debit depending on the plan chosen. The amounts due to VECTUEL do not include the cost of the Internet connection which remains the responsibility of the Customer.
8.4 VECTUEL may modify the amount of remuneration for the service subject to informing the Customer by any means at least fifteen (15) days before the entry into force of this price modification. The new remuneration for the service only applies to the renewal of the service: the year following notification to the Customer. The Customer is free to object to the price change by sending a termination request to info@vectuel.com within fifteen (15) days following notification to the Customer. In the absence of a termination request within this period, the Customer is deemed to have accepted the new remuneration for the service.
Order
8.5 The Customer has the possibility of modifying his Order and correcting any errors before accepting his order.
8.6 After acceptance of these General Terms and Conditions and validation of the order, the contract is validly concluded between VECTUEL and the Customer and binds them irrevocably. An email confirming their order request will then be sent to them.
Payment
8.7 The prices are mentioned in the quote attached to the service descriptions, in euros and all taxes included.
8.8 The total amount is indicated in the order summary, before the Customer accepts these General Terms and Conditions, validates their service order, provides and validates their billing details and makes payment. This total amount is indicated excluding taxes and all taxes included.
8.9 Full payment must be made on the day of the order by the Customer, by transfer to VECTUEL's account.
8.10 VECTUEL reserves the right to suspend or cancel any performance of the service in the event of non-payment or partial payment of any sum owed by the Client to VECTUEL. In the event of non-payment of an invoice on its due date, interest at the legal rate in force increased by four (4) points will be automatically applied by VECTUEL until full payment, without prior notification.
ARTICLE 9 – Complaint
9.1 The Company undertakes to respond to any complaint within a maximum period of ten (10) working days from receipt of a written request addressed to info@vectuel.com
9.2 For any annual payment package order with 30 calendar days or less, the Company undertakes, after examining the Customer's complaint, to offer a total or partial refund, less cancellation fees in the amount of €50 Excl. tax.
9.3 For any annual payment package order with 31 calendar days or more, no refund can be offered.
9.4 As an exception to all of the above in Article 9, for any order for an annual payment package that has been the subject of partial or total Consumption, no refund can be offered.
ARTICLE 10 – Guarantee and liability
10.1 The Client is solely responsible for the use he makes of the service, in particular concerning the use and interpretation of the information made available to him by VECTUEL as well as the actions and advice he deduces from it in the context of his practice. professional. VECTUEL will only be bound by the legal guarantees applicable to its service where applicable, to the exclusion of any other guarantee.
10.2 VECTUEL cannot under any circumstances be held responsible for: (i) damages due to the Customer's failure to fulfill its obligations; (ii) any financial or commercial damage such as, for example, loss of profit, loss of customers, loss of data, commercial disruptions of any kind, loss of orders, which constitute unforeseeable and indirect damage and therefore not do not give rise to a right to compensation.
ARTICLE 11 – Right of use and reproduction
11.1 The service, as well as all of the data appearing on the Site, is protected by copyright and database law in accordance with the intellectual property code. These elements may under no circumstances be the subject, even partially, of reproduction, representation, loan, exchange, sale, distribution or transmission except in cases expressly authorized by law or provided for in the contract. The functionalities of the service may not be used for the purpose of violation or misappropriation of these intellectual property rights.
11.2 The Client undertakes not to reconstitute or attempt to reconstitute, from the data and/or by means of the service, a database aimed at offering, directly or indirectly, free of charge or for a fee, the same service or a comparable service, to all persons third to his company in order to circumvent the personalization of access to the service from which he benefits.
11.4 The Customer undertakes more generally not to infringe the intellectual property rights held by VECTUEL on the service or any other element appearing on the Site protected by an intellectual property right, including brands and logos.
ARTICLE 12 – Insurance
Each Party undertakes to maintain in force, throughout the duration of the contract, with a reputably solvent insurance company, an insurance policy guaranteeing damage that may occur to its property and personnel, as well as a policy covering its professional liability, so as to cover the financial consequences of bodily, material and immaterial damage for which it would have to answer, caused by any event and which would be the work of its collaborators and/or possible partner companies during the execution of the contract.
ARTICLE 13 – General provisions
13.1 Applicable law : The contract is interpreted and governed in accordance with French law without taking into account the principles of conflicts of law.
13.2 Attribution of jurisdiction : The Courts within the jurisdiction of the Paris Court of Appeal will be solely competent to hear disputes of all kinds or disputes relating to the interpretation or execution of these General Terms and Conditions, notwithstanding multiple defendants, incidental or summary request or warranty appeals, unless VECTUEL prefers to seize any other competent court
13.3 Agreement of proof : The Parties agree that all writings, in particular electronic writing, exchanged between them as well as all data, in particular technical, are authentic and validly prove the content of their exchanges and their commitments.
13.4 Contact : VECTUEL can be contacted, at any time, by email at the following email address: info@vectuel.com or by telephone at the following number: 01 80 18 69 89