Terms and Conditions of Use and Sale
These Conditions of Use and Sale (hereinafter referred to as "General Conditions") apply exclusively between the company Advisto SAS, whose registered office is at 51 boulevard de Strasbourg, 75010 Paris, France, registered with the RCS Paris under number 479 205 452 represented by Gilles Boussin, as president ("Advisto") and any legal person ("User") wishing to access services proposed Advisto described in Article 2 ("Services").
The User confirms accept all provisions of these terms and conditions. If the User does not accept the terms of the Agreement, it may submit questions in "Contact us" but the user can not access the Services.
Advisto reserves the right to modify at any time these Terms, by posting the new version on the Site. The changes are effective immediately upon being posted for the Services used the day of their online and 15 days after they are posted for the Services used prior to the last line current version of the Terms and Conditions.
L User will regularly consult the Terms and whenever he wishes to access the Services or he will order.
The provisions of this Agreement shall be governed and construed in accordance with French law. The Commercial Court of Paris will express jurisdiction to rule on any disputes concerning the implementation of these may arise between the parties.
ARTICLE 1: SERVICES ACCESS CONDITIONS
The Services are reserved for persons legally capable to sign contracts under French law. Users are required to be professionals with the ability to represent the company they represent.
Advisto reserves the right to cancel or terminate enrollment as it would discover that it does not meet one of these conditions.
ARTICLE 2: DESCRIPTION OF SERVICES
One Advisto company's business is to provide services ("Services") of web agency and software company, ie not limited to:
- Create charters Graphic
- Graphic Integration
- Supply of software and specific development ("Software") as including PEEL Shopping, PEEL Premium module and various modules
- Installation of software,
- SEO, SEO is a process of indexing a website on search engines and directories.
- Any other service subject to a quote or a commercial proposal advisto.fr
These benefits are presented and payable directly to the peel.fr site (" Site ").
Use of the Software is for associations, independent professionals, private companies or individual companies as well as public institutions, regardless of their place of establishment headquarters and represented by an authorized individual.
Advisto The company also offers benefits SEO for which the terms are presented on the advisto.fr site.
2.1 Creating an account
to access the Services, the User must register and create an account. To this end, the User must complete all mandatory fields on the registration forms.
During the online registration for the creation of an account, the User agrees to provide true, accurate, current and complete. The User undertakes not to create a false identity likely to mislead third error and maintain data without delay he provided during his online registration.
The User may at any time change the account information. If the user can not modify its information, he may contact Advisto that will provide information necessary for the modification of this information.
When online registration, a username and a password of at least 4 alphanumeric characters will be selected by the user and allow them to access services and manage its account so that the user can only benefit from access to their personal information. The user can modify the information on its behalf, using their username and password.
A uniqueness check is performed by the system. For reasons of security and confidentiality, only the combination of these two codes allows the user to access the Services. The username and password as proof of the User's identity and commit to any use of the Services through it.
In the event that the User provides false, inaccurate, outdated, incomplete or in violation of the provisions of this Article Advisto be entitled to suspend or terminate forthwith User's account and refuse immediate and future access to all or part of the Services.
2.2 Use of id
The User shall attempt to mislead other users by usurping the name or corporate name of other persons and / or posing as an employee of Advisto a service provider or a partner . Finally, the User agrees not to use the Services as messages broadcast medium denigrating services and more generally the Advisto society.
The account and User pseudonym can not be transferred or assigned to third parties.
The User will not disclose his password to anyone. Advisto will never ask the User password via a phone call or unsolicited email.
The User must disconnect from the session and close the browser window after its work session to avoid and other users access to their personal information.
In case of use of the account by any third party due to the negligence of the User, it will bear all the consequences.
2.3 Use of Services
Services are provided as is by Advisto whose liability is strictly limited to compliance services to their . description on the Site at the time of registration, and in the General Conditions
Users are fully responsible for their private or public communication through the Services.
ARTICLE 3: SPECIAL DUTIES OF THE USER
3.1 choice of hardware and software
If the User Advisto order with a software, the user claims to have taken knowledge, prior to the signing of this Agreement, the online documentation available on the https Software : //www.peel.fr/ well as technical specifications for the use of the Software. It is up to ensure that the user equipment at its disposal, including its interrogations software (browsers) or means of connections, may use the Software with due efficiency.
3.2 Use of Software
The PEEL software Shopping is subject to GPL presented on https://www.peel.fr/lire/licence-gpl-70.html; other software (including PEEL Premium module, other modules and custom-made developments) and items supplied (including digital images and photographs, and documentation) are in turn subject to a commercial license presented hereunder. The User agrees to comply strictly with the conditions and obligations specified in the licenses, which are part of these Terms and Conditions.
The User agrees to abide by the conditions of normal use of the Software and delivered elements, and the recommendations of Advisto contained in the Contract Documents.
The User agrees to use the information about the Software for its own needs.
3.3 case where the user is hosted on the servers of the company Advisto
The User as responsible for the contents of its website, is committed to integrating this Last, content conforms to morality and public order. If necessary, Advisto will send a notice to the User. If this does not result in a return of the site to compliance within 24 hours of notice, Advisto reserves the right to immediately suspend the distribution of the site, temporarily or permanently, this conformity is at the discretion Advisto of, and may lead to automatic termination of the Contract by the Advisto society.
ARTICLE 4: SPECIAL DUTIES OF ADVISTO
Advisto agrees to perform the Services under the Contract and any document relating thereto (cf. proposal for intervention, quotations, purchase order).
Advisto undertakes to inform the user of any changes in the relevant rules of each service to the extent that these changes come affect the use of the Software under the conditions described in . the Contract Documents
ARTICLE 5: SECURITY
Advisto agrees to use its best efforts to secure access, access and use of the Services in accordance with the rules of Internet usage.
Advisto reserves the right to suspend, without notice or compensation and without liability, access to the Site, temporarily or permanently. It does not guarantee that the Website will be available without interruption. It may suspend access to the Site for maintenance purposes and in emergencies such. He is bound by an obligation of means concerning the continuity of access to the Site.
Therefore, the responsibility of Advisto may be initiated in the following cases:
- Temporary interruptions lasting a few minutes updating of certain files;
- Operating Difficulties or temporary interruption of services beyond the control of Advisto especially in case of interruption of electric utilities or telecommunications;
- Temporary interruptions of services necessary for their development or maintenance;
- failure or malfunction of the Internet network in the transmission of messages or documents
The User agrees to the characteristics and limitations of the Internet, and especially recognize:
- Be aware of the nature of the Internet, in particular its technical performance and response time to consult, question or transfer information;
- That the communication of its potential access codes or generally any information deemed confidential is made under his own responsibility;
- it is up to him to take all necessary measures to ensure that the technical characteristics of his computer allow him the consultation of information;
- That obligation to take all appropriate measures to protect its own data and / or software from contamination by viruses circulating through the Site.
Advisto does not warrant that the Site will be error free or that any defects will be corrected.
Advisto reserves the right to send to all users emails to keep them informed of changes, modifications or additions made on the Site.
Hypertext links on the Site may refer to other sites. Advisto is not responsible for the content or actions of these sites.
Advisto is not responsible for the alteration, loss or accidental transmission of data or sending viruses transmitted via the content posted on the Site.
The User agrees not to use devices or software of any kind to interfere or attempt to interfere with the proper working of the Site. The User agrees not to take any action that would impose a disproportionate burden on the Advisto infrastructure.
The Site is subject to a security system to protect most effectively all sensitive data related to payment. When paying by credit card online, banking data is transmitted to the bank to Advisto not the Site. This transmission is done securely through data encryption by SSL (Secure Socket Layer) conducted by the Bank of Advisto.
Advisto has no access to these bank details that remain exclusively in the hands of our partner bank for the purposes of carrying out the transaction.
ARTICLE 6: ASSISTANCE
The assistance will be made by the sending a request for assistance through the contact form on the website, by email or telephone. Advisto will meet the User's needs in a timely manner within the application is sufficiently precise to be treated in good conditions.
ARTICLE 7: DOMAIN NAME
Advisto can provide a service of registering a domain name with a registrar (company managing domain names) on behalf of the User. The user will own the domain name, and Advisto will be declared as the administrative contact, billing and technical domain name. The User authorizes Advisto take all the measures that the company deems appropriate Advisto for these functions. Advisto will pay on behalf of the User registrar to renew the domain name after the User has paid its renewal with Advisto.
The choice of the domain name is the responsibility of the user who agrees to use a domain name is not violating the rights of a third party. In case of claim made by a third party under the domain name Advisto deposited in the name and for the account of the user, it will have to guarantee Advisto.
Assuming Advisto find that the chosen domain name the User is manifestly unlawful or infringes the rights of others, Advisto reserves the right to refuse to give the domain name in the name and for the account of the user.
ARTICLE 8: USER'S WEBSITE HOSTING
The customer can choose to host their website created by Advisto (or any other site PHP / MySQL compatible) on Advisto servers on a shared architecture across multiple clients. It can also choose from quotation Advisto managed hosting a dedicated server, with no other customer will then only hosted.
In case of unavailability of the User's site or access the top 2 business days Software, the User must notify Advisto promptly. Advisto undertakes, in such circumstances, to implement all the means at its disposal to restore the distribution of the sites.
If not, that is to say if it could not restore normal operation of the site within 2 working days, the user would be compensated for the damage suffered by an extension of the term of his contract corresponding to the length of time the site would remain offline.
The responsibility can only be Advisto committed because of an interruption in access to the Software or the site due to malfunction of electronic communication means to the User (Internet subscription, Telecom link).
ARTICLE 9: FINANCIAL CONDITIONS
Prices are referenced Euro excluding VAT and are automatically converted for information in other currency based on a rate updated regularly.
Advisto reserves the right to change prices at any time.
Payments are made either by credit card issued by a bank domiciled in French territory or by an international credit card or by bank check or by transfer, either in cash or through a partner organization.
The flow rate of the credit card is made at the time of validation the order. The check of the flow is performed upon receipt. In the case of payment by check, bank transfer or other non-immediate way, payment will be valid only when the corresponding amounts have been definitively credited to the account of Advisto.
The User agrees to receive invoices Advisto in electronic format only. To receive a hard copy of the invoice, the user will fill a request via the contact form available on the Site. The invoice will be sent by mail or fax to the coordinates stored in the user's profile.
If the Contract is preceded by a quote, the quote followed by the words "Good for agreement" that takes place of reference as to the amount to be paid by the User. All discounts, welcome diverse offer or discount should appear on the estimate and the final invoice.
ARTICLE 10: TERM - TERMINATION
10.1 Services duration
If you subscribe to the Services, and in the absence of conflicting provisions in the order at the end of the subscription the User may not access the Services without notice.
10.2 Termination for Cause
10.2.1 Termination of Paid Services
If the information disseminated through the Software would be manifestly incompatible with the image Advisto, the latter may terminate this Agreement 15 (fifteen) days after receipt by the email user with acknowledgment of receipt motivated, informing the incompatibilities and putting notice to modify and / or delete the offending material.
In case of failure by the User to any of its obligations under the Contract, within fifteen (15) days from the receipt of an e-mail with acknowledgment of receipt or notifying the fault (s) in question Advisto may enforce the cancellation of paid and services used, subject to any damages which it may claim.
This email will be motivated and or indicate the identified shortcomings and had no effect thereafter.
All payments to Advisto remain acquired.
10.2.2 Effect of Termination
Upon termination, the user can no longer access the Services. The User-related data will be destroyed at his request or at the expiration of the legal time period following the termination of the account of the User.
ARTICLE 11: DISCLAIMER
Advisto can not be held responsible for the inadequate services to the specific objectives that the User can consider or continue.
Advisto can not be held responsible for any loss or data corruption, any loss of profit, turnover, opportunity, time, or for any consequential damages suffered by the User.
The amount of damages, which could be sentenced Advisto is expressly limited all damages and losses, the amount of duty paid by the User Services within a year the occurrence of the damage. In the case of free delivery, liability of Advisto is expressly excluded.
The User agrees to defend and indemnify Advisto (including legal fees) and its officers, directors, agents and employees against any claim or claims by third parties, caused or resulting from a breach by the User Agreement, or the breach by the User of any law or rights of these third parties.
ARTICLE 12: INTELLECTUAL PROPERTY
12.1 Right of use on the Site
The Site, its content, its catalog, text illustrations, photographs and images are the property Advisto and / or third parties contractually bound to Advisto, holders of intellectual property rights in the Site. It is prohibited to copy and / or download all or part of the Site, its content, its catalog, its illustrations texts, photographs and images.
Advisto grants the User a right of private, personal, not exclusive, the content of the Site. This right of use includes the right to reproduce for storage for display on a single and reproduction in one copy for backup or printout. Any networking, redistribution in any form, even partial, is prohibited. This right is not transferable in any way. Any other use is subject to prior authorization and express Advisto.
The User agrees not to modify, copy, reproduce, upload, post, transmit, commercially exploit and / or distribute in any manner whatsoever the Services, the pages of the Site or the computer codes of elements comprising the Services and the Site.
The User may not reproduce, copy, sell, resell or exploit for any commercial purpose whatsoever any part of the Services, any use Service or right to access the Services.
The User agrees accordingly:
- Do download on his computer the content of the Site for personal use and limited in time to the time necessary for the use of services
- Do print on paper pages of downloaded website on condition that such copies are strictly limited to personal use.
The User acknowledges that violation of a copyright is to Advisto an offense punishable infringement in France by article L 335-2 of the Intellectual Property Code and punishable by three years imprisonment and a 300,000 euros fine.
In addition, it is recalled that no hyperlink may refer to the Site without the prior express authorization and Advisto. A lack of authorization, such a link is considered to constitute the offense of counterfeiting.
The User agrees not to use software or manual process to copy the pages of the Site or to record or collect information on these pages without the prior written consent of Advisto.
Most of the information contained on the website are updated in real time and are given license by Users or third parties. The User agrees not to copy, reproduce, alter, modify, create derivative works, or publicly disclose any part of the contents of the Site without the prior written consent of Advisto or that of third parties.
Advisto warrants that holds the intellectual property rights to conclude this Agreement and that the software is not likely to infringe the rights of others.
The User agrees to immediately notify Advisto any infringement of the Software may have knowledge of Advisto are then free to take the measures it deems appropriate.
Users guarantee and indemnify Advisto first demand against damage suffered by Advisto and against any liability action that may be taken against Advisto on the basis of the violation of any rights of a third party resulting from the use of the Services by the User.
ARTICLE 13: Commercial Licence
Unless explicitly allowed by Advisto, software or any item provided under the Contract is subject to the application of this License, including, but are not limited to, PEEL PREMIUM software, digital images and pictures, documentation and, where appropriate, all upgrades, modified versions, updates and additions.
13.1 Use of the Product
Advisto has the right to modify the software, change options, change features, specifications, capabilities, and all other features of the software without notifying the User.
Advisto grants the User a unique license to use PEEL's software on the basis of a single domain and its mirror websites given when signing the order order.
Unless otherwise agreed in writing from Advisto, the user is given no right to copy or use the software on a computer other than the stated servers names when signing the order form.
If the user wishes to distribute the software on more than one carrier, he must first obtain permission from Advisto, either by opening a partner contract, or by purchasing software licenses.
13.2 Intellectual and / or industrial Property
The present license is not a sale contract for a PEEL software. It involves no transfer of intellectual or industrial property rights related to a PEEL software.
All material related to the implementation of the PEEL software (including software, source code, applications, expertise, etc..) is and will remain the exclusive property of Advisto who keeps the right to use them for the use of his choice.
Therefore, the user agrees not to distribute the software PEEL under any form without the written permission of Advisto. Users must not distribute any part of the source code associated with the PEEL software to third parties.
The user must not undertake any act likely to infringe, directly or indirectly, intellectual property rights (and in particular to trademark rights) PEEL software and third party software partners. These trademarks of other companies included in the PEEL software sould be used in accordance with normal practice in the field regarding the identification of trademak's owners. These marks are used to identify products by other companies in the software PEEL and such use does not confer to the user any ownership rights over the trademark in question. Software or third party components, delivered and associated to PEEL, such as trademarks and logos of third parties remain the property of the latter.
The User does not acquire ownership in any way, know-how, technology developed by Advisto on the context of this Agreement, but only a non-exclusive right to use.
This contract does not grant you any intellectual property rights on PEEL software.
13.3 Transfer of Ownership
The user is not authorized to rent, lease, grant a sublicense or lend the PEEL software or service. The rights of use of PEEL services can never be sold to a third party wether it is for free or not, and can not be resold and / or subleased. The user could, however, transfer all its rights of use related to another person or entity in line with a cession of the Contract which must first be approved by PEEL.
PEEL reserves the right to assign or transfer to a third party this contract after informing the user who is forced to accept.
13.4 Restricted Rights
Any software available for download from this server is protected by PEEL copyright and / or its suppliers. Use of the Software is governed by the terms of this contract. The end user must accept the terms of the License Agreement prior to install the software.
The software is available for download solely for end users and under the terms of this License Agreement. Any reproduction or redistribution of the Software that does not respect the terms of the License Agreement is expressly prohibited by law. Anyone not complying with the legal provisions is guilty of forgery and is liable to penalties prescribed by law.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PEEL DISCLAIMS ANY IMPLIED WARRANTIES ON THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NO COUNTERFEIT-INFRINGEMENT.
13.5 Content of the offer
The commercial offer of the software includes:
a) The delivery of software developments in PEEL software "brick"
b) The installation of software components on your server according to the required technical prerequisites
c) Unrestricted access to the source codes
d) A front office: the public part accessible from the public Internet
e) A back office: interface creation, administration and management
The product is designed and offered as a product for general use and is not maid to address the particular needs of any user. The user acknowledges that the product is not free of mistakes an, it is therefore formally recommended by Advisto to regularly back up his files.
Provided that the user has a valid license, PEEL guarantees:
a) how the product will be conform to the description written on peel.fr website for a period of 30 days from the date of receipt of the software,
c) Advisto 's technical depatment staff will make a reasonable effort to resolve any reasonable problems regarding the Software,
d) If the the product does not conform to this warranty, PEEL reserves the right to repair or replace the Software,
e) Knowing that PEEL fully opens its software source code, no refund procedure shall be instituted without having PEEL trying to repair or replace the software within the description provided on the website peel. fr.
You acknowledge that the following warranty is your sole guarantee for all product and support services.
Modification and financial terms
PEEL has the right to modify its rates and "Terms of Service PEEL" informing the user via the website www.peel.fr.
The User pays its software under the terms defined on the invoice or order form.
PEEL reserves the right to unilaterally break the contract by giving 15 days after the first presentation of the registered letter with acknowledgment of receipt advising the break in the case of reorganization or liquidation under the conditions provided by the Act of January 25, 1985.
ARTICLE 14: PERSONAL DATA
While that ADVISTO make every effort to protect the personal information of the User, Advisto can not ensure or warrant the information transmitted by the user directly or through the Services, are secure.
The user therefore send such information at your own risk. Upon receipt of the data Advisto will strive to ensure its security on our systems.
To register and access the Services, the User provides a number of personal data.
The personal data are the be processed by Advisto to allow access to the Services, manage subscriptions services and trade relations with the users.
The data is also stored for security and archiving. The records are stored in computer systems in reasonable conditions of safety and will be considered as evidence of order and payment intervened. Archiving invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.
Advisto SAS reserves the right to use such information including traffic data to develop and market similar products and services.
Advisto agrees to implement and enforce the security measures it deems necessary to ensure the confidentiality of data collected on the Site during the period processing.
In accordance with Articles 38 and following of Law No. 78-17 of 6 January 1978, the User has the right to access and correct data concerning as well as a right to object for legitimate reasons that its data are subject to treatment Advisto. This right may be exercised directly on the Website in the "My Account" where the user can edit the personal data concerning him, by sending a message in the "Contact Us" or by writing to the address specified in Preamble of these General Conditions. If the User objects to his personal data are subject to treatment Advisto it can not access the Services.
The User is informed that ADVISTO may disclose contact information and data staff on request of the judicial authorities.
ARTICLE 15: COOKIES
Advisto automatically records some data on the habits of the user on the Site. This data is used internally to make statistics about users, their interests and behaviors. This data is compiled and analyzed in their entirety, and can include URL and IP address.
For this reason, the User is informed that the standard browsers have a feature to oppose the registration cookies.
If your browser is set to refuse access to the Services may be altered, if not impossible.
ARTICLE 16: LINKS
The Site may provide links to websites or web pages published by third parties.
Advisto will in no way be held responsible for the content of sites accessible via these links.
Advisto is not responsible for the content of advertising nor for any transactions that may take place with companies occupying these spaces.
ARTICLE 17: CONFIDENTIALITY
The User agrees to treat as strictly confidential all information may be known under the proper performance of the Services and agrees not to disclose to anyone, and for any purpose whatsoever, directly or indirectly, for the duration of the Services and for a period of 3 years from the end of the Services.
The User may not copy, transcribe or use the know-how Advisto for the benefit of any other website that or those referred to in the Agreement and any documents related thereto.
ARTICLE 18: REGULATORY COMPLIANCE
The User expressly acknowledges and agrees that use of the Services by the User can result in a qualification of "trader" within the meaning of Article L121-1 of the Commercial Code. Users are solely responsible for the legal consequences of the use of the Services.
The User remains fully responsible for his use of the Services and their compliance with applicable regulations.
ARTICLE 19: FORCE MAJEURE
If a force majeure event occur during the term of the subscription services, execution of it is suspended in the first place. If the force majeure event has a duration of existence superior to fifteen (15) days, either Party may terminate the Contract by e-mail with acknowledgment without the other party being entitled to damages in this done.
The force majeure shall include, in addition to the cases recognized by the current case law and French courts, all natural disasters, acts of war, breaches of public order, epidemics, fires, floods and other disasters, acts government, all strikes, lockouts and all electrical and technical problems external to the parties preventing communications.
ARTICLE 20: NO SOLICITATION OF PERSONAL
except by mutual written agreement of the Parties, and the User Advisto prohibit specifically for the entire duration of soliciting services for a job or hire directly or indirectly, any employee of the other affected services. In case of violation of this prohibition, the defaulting party shall pay the other party an amount equivalent to one year's salary of the staff involved.
ARTICLE 21: MISCELLANEOUS
You agree that the Agreement may freely of right be transferred by Advisto to a third party in the event of a merger or acquisition.
The titles of the various articles in the Contract are purely indicative and do not necessarily determine the content of the articles to which they refer.
Any tolerance for failure to provisions of the Agreement by the User or a third party will not be considered as a tolerance to any similar or subsequent breach.
The Agreement and the documents incorporated by reference, constitute the entire agreement between the parties.
The invalidity or unenforceability of any provision of the Agreement do not constitute invalidity or unenforceability of all terms and conditions.
In the event that one of the terms of the contract would be deemed illegal, unenforceable or unenforceable by a court, the remaining provisions of this Agreement shall remain in force, provided that the overall economy of the contract is not thereby upset.