IS Decisions General Conditions
of Sale and Provision of Services

Document updated on 10/05/2019

Please read this contract carefully. By buying a user licence for an IT solution published by the company IS DECISIONS or by calling on the services of the company IS DECISIONS, you accept without reserve all the provisions of this contract.
Any reproduction of this document is forbidden.

1. Definitions

Each of the expressions listed below, whether used in the singular or plural, shall have the following meaning in this contract:

  • Anomaly: means any defect, non-compliance with the specifications, or incident concerning all or part of an IT Solution.
  • Minor anomaly: means any malfunctioning notably as regards performance, bugs or errors expressed in functioning difficulties of an IT solution.
  • Blocking anomaly: means any anomaly that prevents the use and/or exploitation of an IT Solution.
  • General Conditions: mean these general conditions of sale and provision of services, excluding any condition previously available on any medium whatsoever.
  • Special Conditions: mean the quote, the commercial proposal or the order form accepted jointly by the parties. This document indicates the IT solution(s) and/or the relevant services and specific conditions of implementation for a given Customer.
  • Service Provider: means the Company IS DECISIONS, SA with a board of directors and authorised capital of € 230 000, recorded in the BAYONNE trade register under the number 432 602 738, whose registered office is located at 374 Allée Antoine ABBADIE – in BIDART (64210) in FRANCE.
  • Contract or Agreement: Means these general conditions and the special conditions that form an undividable whole.
  • Documentation : means any medium containing the terms and conditions of use of an IS DECISIONS IT Solution, comprising the start-up guide and the user manual, accessible via the URL link https://www.isdecisions.com/.
  • Force majeure: means any event outside the control of a party, making impossible the respect of its obligations, such as interruption in the telecommunications network or the electricity network, natural disasters, fires, water damage or social conflicts.
  • The designated contact person or the primary contact person: means, where applicable, the person designated by name in the special conditions as the sole contact person of the Service Provider in relation to the use of an IS DECISIONS IT Solution or in the context of a service provided by the Service Provider.
  • IS DECISIONS Solution or IT Solution or Software: means one of the IT solutions, including software and software packages, published by the company IS DECISIONS, and its associated documentation.
  • Third-party software: Means all the software products for which the Publisher does not hold the ownership rights.
  • Partner: means any company proposing a product or a service compatible with one of the IS DECISIONS IT Solutions.
  • Provision of Services: means all the services provided by the Service Provider to the Customer as indicated in the special conditions.
  • Workaround solution: means a curative action allowing the solution of an Anomaly in order to restore the Software.
  • Designated system: Means the material platform(s) or the enterprise network on which the IT Solution is installed and used, and its peripherals or accessories.
  • Designated site or site of use: means the physical place(s), where the designated system, on which the Software is used by the Customer, is located, excluding any other place. This designated site is specified on the order form.
  • Remote maintenance: means any remote action by the Service Provider’s technician on the IT Solution using an electronic connection.
  • User or Licensee or Customer: means any natural person or legal entity benefiting from a service provided by the Service Provider and/or any User of an IT Solution published by the Service Provider.
  • Authorised users: mean the members of the Licensee’s staff authorised to use an IT Solution published by the Service Provider in the conditions defined in this contract. The maximum number of authorised users is indicated in the special conditions.
  • Major version: means a version of an IT Solution benefiting from new functions.
  • Minor version: means a version of an IT solution benefiting mainly from the correction of a minor anomaly.

2. Presentation

The details of the IS DECISION Solution(s) or the service(s) chosen by the Customer is indicated in the special conditions that are an integral part of this contract.
These general conditions form, with the special conditions, an undividable and inseparable whole.

3. Purpose and scope of this contract

3.1. – The parties agree that their relations, as regards any product or service associated with an IT solution published by IS DECISIONS, shall be governed solely by these General Conditions, to the exclusion of any condition previously available on any medium whatsoever.

It is however specified that the conditions herein are in addition to the user licensing contract for a Solution published by the company IS DECISIONS.

This version cancels and replaces previous versions.

By placing an order with the Service Provider, the Customer expressly accepts without reserve all the clauses and conditions provided for in these General Conditions. The Customer thus waives the application of all or part of its general conditions of purchase.

Consequently, in the case of contradiction with the Customer’s general conditions of purchase, the conditions of these general conditions take precedence.

3.2. – The conditions of sale set out below apply both to online sales and direct sales.

3.3. – The Service Provider reserves the right to modify its conditions and its tariffs at any time. This modification shall come into effect one month after the publication of the new provisions.

4. Entry into force - duration

4.1. – This contract comes into effect as of the signing of the special conditions or failing this as of the first payment by the customer.

4.2. – Duration of the maintenance and support services Unless special agreement, any subscription takes effect as of the first day of the month of subscription for a period determined in the Special Conditions. At the end of the initial period, unless express request by the Customer, the contract shall be automatically renewed unless termination by the customer one month before its expiry.

4.3. – No withdrawal right In compliance with the provisions of articles L221-1 and following of the French Consumer Code, the Customer does not benefit from a withdrawal right. In fact, as soon as the Customer places an order with the Service Provider, a key for the activation of the IS DECISIONS Solution is generated; this allows the Customer to use the contractually agreed IS DECISIONS Solution.

5. Guarantee & maintenance

5.1. – Considerations of a general nature
The activation of a guarantee shall not, under any circumstances, be a reason for the non-payment of the corresponding invoice, which shall be paid by the indicated payment deadline.
The Customer, as an informed professional, possibly assisted, bearing the costs, by an adviser of its choice, declares to have carried out or had carried out, prior to placing the order, a study of the characteristics and performance of the IT Solution and that it considers that the said IT Solution matches its needs and that, consequently, it waives any right to make a claim on this point.
Before using the IT Solution, the Customer undertakes to take all necessary precautions, conduct tests and trials, and take other measures that it judges useful and adapted to the circumstances. It is for the customer to make enquiries, and obtain documentation and information on the possible consequences of the use of the IT Solution, compatibility with other components and any operating procedure.

5.2. – Corrective Maintenance

5.2.1. Updating of the IT Solutions
The updating of the IT Solutions corresponds to the compilation of any corrections of anomalies causing a non-compliance of the IT Solution with the official technical documentation concerning it.
Such updating comprise, where applicable, the updating of the user manuals.
Updating of the IT Solutions shall be provided for the Customer by the Service Provider according to the periodicity and modus operandi of which the latter is the sole judge.
Within 1 (ONE) month as of the placing at disposal of a update of one of the IT Solutions, the Customer is bound to carry the installation of the update on its user site; failing this, the liability of the Service Provider shall not be sought following a problem stemming from the non-respect of this obligation.
In the context of corrective maintenance, the Customer must provide the Service Provider with the elements at its disposal for defining the Anomaly.
As part of the service, the Service Provider shall correct or have recourse to a workaround solution to remedy all the defects of an IT Solution, with no costs for the Customer. The Service Provider may, at its sole discretion, provide an update of the IT Solution or a workaround solution. The Service Provider’s guarantee is subject to the following cumulative conditions:

  • The User must notify, in writing by email, the Service Provider of any Anomaly in the IT Solution. The Anomaly must be documented by the User and reproducible by the Service Provider.
  • No unauthorised correction, addition or modification of the IT Solution must have been made by the User or a third party acting on behalf of the User.

The corrected version shall be made available by the Service Provider according to a modus operandi of which the latter remains the sole judge, accompanied if necessary by an explanatory note. This support service does not cover on-site visits.

Any on-site visit by the Service Provider shall lead to an order form being drawn up for a service for which an additional charge will be invoiced to the Customer.

In the event of remote maintenance, to allow the performance of this service, the User undertakes to install, bearing the costs, on the user site of the IT Solution, all elements required for the remote connection between the Service Provider’s maintenance centre and its user site.

5.2.2. Technical terms and conditions of the on-site visit by the Service Provider:

To allow the maintenance operations to be carried out on the user site, the Customer undertakes to:

  • Allow free access to the IT solution by the Service Provider’s technicians;
  • Comply exactly with the instructions for implementing the IT Solution installed on the designated system;
  • Provide all means and reply to all questions allowing the provision of the maintenance service to be facilitated;
  • Make available for the technicians memory space for the downloading of test programs and the telecommunications means for the remote maintenance service;
  • Not carry out any operation that would directly or indirectly block or slow down the maintenance service operations;
  • Make available, free of charge, to the maintenance technicians all material useful for understanding and solving the encountered problem.

5.2.3. – Limit on the corrective maintenance service
Any intervention by the Service Provider for any difficulty linked to the use of the IT Solution, following an incorrect manipulation, non-respect of a technical recommendation or any event generated by the intervention of a third party or the use of third-party software, shall be invoiced in compliance with the Service Provider’s tariffs applicable on the day of the intervention.
The Service Provider is not bound to a maintenance or support service in the following cases:

  • Installation on the user site of any software, software packages or operating system not compatible with the IT Solution as indicated in the Documentation;
  • Modification or alteration made to the IT Solution by the Customer or a third party without the prior written agreement of the Service Provider. The same applies in the case of simple attempts to modify;
  • The intervention of a third party on the IT Solution without the prior agreement of the Service Provider;
  • Use by the Customer of a version prior to the major version preceding the current major version;
  • Anomalies originating in the use of a software not expressly covered by this contract;
  • Anomalies not reproducible by the Customer in the presence of the Service Provider;
  • Copies and/or adaptations of the IT Solution by the Customer;
  • Interventions made necessary by the incorrect functioning of additions or devices not approved by the Service Provider;
  • Power cuts or fluctuations or telecommunication failures or fluctuations;
  • Non-respect by the Customer of its obligations under this contract;
  • Request for maintenance of peripherals connected to or associated with the IT Solution;
  • Request for reconstitution of files in the case of accidental destruction;
  • Request for new programs to be developed, the operating system to be changed, and additions or modifications to existing programs.

For any intervention in one of the aforesaid cases, the Service Provider shall invoice the Customer for the time the work takes at the tariff applicable on the date of the intervention, along with any travel and accommodation costs.

5.3. – Third Party Software
The Publisher does not provide any guarantee concerning the software or software package of any third party. It is recalled that any software or software package of a third party is used under the sole responsibility and control of the Customer.

6. Support service

6.1. – Scope of the support service & conditions of implementation
The support service linked to the compliance guarantee of the IS DECISIONS IT Solutions and provided for in article 5.2 herein does not provide for support in the use of the IT Solutions or their upgrading, which are services in their own right. The support service is invoiced at the tariff applicable on the day of the request by the Customer.
The support service shall be ensured, according to the Service Provider’s choice, by email, phone or remote maintenance on the day and at the time agreed between the Parties.

6.2. – Nature of the support services
Support shall be by information, advice and instructions provided by the Service Provider’s technician to allow the IT Solution to function in compliance with the documentation.
The technician shall make every effort to correct the anomaly or provide a workaround solution. If the anomaly persists, the Service Provider shall make new diagnosis based on the documents describing the incident, which have been previously transmitted by the Customer.
The correction of the anomaly shall continue by sending a corrected version of the IT Solution, by remote processing or on the Customer’s site of use if the Service Provider considers it necessary within a period of which the Service Provider alone is master taking into account the high tech nature of IS DECISIONS IT Solutions.

6.3. – Data backup
During the Service Provider’s intervention in the context of support, the User remains the custodian of the files that could be used by the technician. It is therefore incumbent on the User to take all security measures and implement all useful procedures to this effect, both before the intervention of the maintenance service and when the IT Solution is put into operation, by making all necessary backup copies.

7. Financial conditions

7.1. – Backup of Data
All the prices invoiced to the Customer are those in force on the day of recording of the order or the renewal of the contract.
The amount due by the Customer to the Service Provider, and the time for payment, are indicated in detail in the special conditions or, failing this, in the Service Provider’s applicable price schedule accessible via the URL link https://www.isdecisions.com/products/.

7.2. – The price is indicated excluding value-added tax or any applicable taxes, which are payable by the Customer.

7.3. – Unless otherwise provided for, the incidental expenses that could be incurred by the Service Provider upon request by the User, such as, notably the supply of supplementary documentation or the installation or re-installation of an IT solution, shall be invoiced in addition.
The same shall apply to any travel costs of the Service Provider, which shall be invoiced at their real costs.

7.4. – The Service Provider reserves the right to modify at any time its tariffs for the maintenance service. In the case of such a modification, the Customer shall be informed of any modification and shall have a time limit of 1 (ONE) month, as of receipt of the information, to terminate the contract by registered letter with request for acknowledgement of receipt in the respect of the provisions herein. Failing this, the Customer shall be deemed to have accepted the tariff modification, which shall come into effect at the latest in the month that follows the expiry of the aforesaid time limit.

7.5. – Under no circumstances shall the payments be suspended or any offsetting be made without the prior written agreement of the Service Provider.

7.6. – The complementary services shall lead, if applicable, to the application of the Service Provider’s tariffs in force on the day of the Customer’s request.

7.7. – Authorised Users
The maximum number of users authorised to use the IT Solution is determined in the special conditions.
If the number of users exceeds the contractually agreed value and failing signing of an additional clause, the Customer undertakes, on first request by the Service Provider, to limit the number of authorised Users, if need be with the technical assistance of the support service.
Failing this, the Service Provider shall have the right to invoice the Customer for any excess at the tariff applicable on the day when the said excess is established.

8. Payment conditions

The Customer may choose different solutions for the payment of the sums due to the Service Provider:

8.1. – Payment by credit/debit card
The security of online credit/debit card payments is guaranteed by the secure payment service of STRIPE, a company under Californian law (located at 510 Townsend St., San Francisco, CA 94103, United States) which undertakes to respect European regulations in matters of personal data management. The Customer’s confidential information (16-digit credit/debit card number, expiry date and visual pictogram) are directly encrypted and transmitted on the server of the company STRIPE without transiting on the server’s terminals. After confirmation of the order, STRIPE requests a prior authorisation from the credit/debit card network, then issues an electronic certificate. The electronic certificate is valid as proof of the amount and the date of the transaction in compliance with legal provisions, the date and time being good evidence.

8.2. – Payment by bank transfer
The Customer may also settle its purchases by bank transfer to the account indicated on the order recap and invoices.

9. Late payment

9.1. – Any late or partial payment by the Customer is automatically applied against the amounts remaining due.

9.2. – In the case of late payment in relation to the payment deadline, penalties at the rate corresponding to the European Central Bank (ECB) rate plus 5 points, are automatically due in application of article L441-6 of the Code of Commerce. These penalties are calculated on the basis of the amount remaining due including all tax and run as of the deadline for payment of the price without any prior formal notice to pay being necessary.
In addition to the indemnities for late payment, any sum, including any instalment, not paid on its due date shall produce as of right a fixed penalty of 40 Euros for collection costs.

9.3. – In the case of any outstanding amount, after the Customer has been sent formal notice to pay to no avail, the Service or the delivery of an IT Solution shall be immediately suspended as of right, until full payment of the outstanding amount, without prejudice to any legal proceedings or application of the reservation of ownership clause.
This suspension shall be chargeable to the Customer who undertakes to bear all the consequences, notably the price increases.

10. Interoperability with third-party services

In the event that the User wishes to obtain essential information allowing interoperability of the IT Solution with third-party software for a use complying with that for which it is intended, the User undertakes, before taking any step to implement this, to previously consult the Service Provider that shall provide the User with the information required for this interoperability, in return for a possible financial contribution.

In order to benefit from the functions or services proposed by a third party, the User must have previously checked with Service Provider that they are compatible with the relevant IT Solution.

The User is informed that services and functions of third parties are outside the control of the Service Provider. In the case of difficulty concerning the services proposed by these third parties, the User must enter directly into contact with the support service of the publisher of the relevant third-party software. The Customer is fully responsible for the use of functions of third-party services by the User.

Any intervention linked to support to ensure interoperability with a third-party service shall be invoiced at the tariff applicable on the day when the Customer makes the request.

11. Customer’s obligations

11.1. – In addition to respecting the terms of this contract, the Customer undertakes to:

11.1.1. – Collaborate with the Service Provider in the performance of the contract, notably by preparing and making available to it the technical environment and the information necessary for the perfect provision of its service;

11.1.2. – Execute the general maintenance operations specified in the user instructions and respect the standards of hygiene and safety in the premises and installations, in which the hardware on which the IT Solution is installed, are located;

11.1.3. – Provide, without fail, the Service Provider’s staff, responsible for executing the maintenance work, with all existing documents, information and items necessary for the good understanding of the problem posed;

11.1.4. – Designate a competent contact person to represent it in respect to the Service Provider, hereinafter referred to as “the designated contact person”;

11.1.5. – Notify the Service Provider in writing in the case of change in the primary contact person and ensure that the successor is properly qualified for performing the contract. Failing this, on first request by the Service Provider, the Customer must accept to provide training for the new primary contact person, invoiced at the tariff applicable on the day of this training.

11.1.6. – Ensure for the Authorised Users a level of knowledge and competence sufficient for using the IT Solution in compliance with its documentation.

11.2. – During the intervention of the maintenance service, the Customer remains the custodian of the files with which the Service Provider may work. It is therefore incumbent on the Customer to take all measures to ensure security and implement all useful procedures to this effect, both before the intervention of the maintenance service and when the software is put into operation by making all necessary backup copies.

11.3. – This contract may not be fully or partly transferred or assigned by the Customer without the Service Provider’s prior written authorisation.

12. Responsibility/liability

12.1. – The User is responsible for the use of the IT Solution and the data that it processes. The Customer must ensure the compatibility of the IT Solutions with its country’s regulations and legislations.

12.2. – The Service Provider guarantees for the User that the maintenance operations, to be carried out on its behalf in the context of this contract, will be accomplished according to the rules of the profession and the information technologies in use at the time of each intervention.
Taking into account the high technicity of any IT program, the Service Provider does not guarantee functioning without anomalies or uninterrupted functioning of its IT Solutions.
In addition, this guarantee is exclusive of any other commitment, notably any guarantee of result in respect to Customer satisfaction linked to performance requirements and expectations of operational or functional capabilities other than those described in the documentation. The Service Provider does not guarantee that the intervention will allow the difficulty encountered to be immediately eliminated, or that after the intervention the anomaly encountered will not re-appear, or that any difficulty will not be generated as a result of the intervention of the maintenance service. The maintenance service is provided by the Service Provider with all possible reasonable care in the current state of the technology.
The compliance of the IT Solution with its official technical documentation constitutes the sole obligation of the Service Provider whatever the grounds of the User’s claims.

12.3. – The Service Provider’s civil liability shall only be incurred by its own acts or those of its staff in the case of acts accomplished by it or its staff in the context of the performance of the contract and solely in the case where a causal link between the alleged prejudice and a serious fault by the Service Provider is established.
The Service Provider shall not, under any circumstances be held liable in respect to the User, for any reason whatsoever, for any indirect prejudice, whatever this may be, and notably for loss of data, commercial prejudice, increased overheads, consequences of third-party recourse, loss originating in or the consequence of this contract, loss in turnover or profit, loss of Customers, loss of an opportunity, in relation with or stemming from the IT Solution or its functioning, even if the Service Provider has been warned of the possibility of such a loss or such damage, and damage to property or personal injury not the subject-matter of the contract.
The Service Provider shall not be held liable, for any reason whatsoever, for material damage or bodily injury, following the intervention of the maintenance/support service, except in cases where the Customer has established a causal link between the alleged prejudice and a fault of the Service Provider.
The staff of the Service Provider remain under the latter’s hierarchical and disciplinary authority. The Customer must do what is necessary to ensure that the Service Provider’s staff respect the instructions and interior regulations on security when required to make an on-site call on the Customer’s premises.

12.4. – If, however, a pecuniary judgement is pronounced against the Service Provider, for any reason whatsoever, the damages payable shall not be more than the amount effectively received for the annual fee or the price effectively paid by the Customer.

13. Insurance

The Service Provider is the holder of an insurance policy covering the pecuniary consequences of its legal liability should it be incurred.
The Customer must reciprocally be insured for the consequences of its civil liability in respect to the Service Provider, its staff and any subcontractors.

14. Reservation of ownership

The Service Provider expressly reserves the ownership of the delivered IT Solutions until full payment of their price in principal and interest. In the case of failure to pay the full price in principal and interest, the Service Provider shall take, at time, any useful measure for suspending the use of the IT Solution installed on the Customer’s system.
A payment, according to the meaning assigned in this article, is not a document creating an obligation to pay, a draft or such like.
This reservation of property clause does not prevent, on the delivery of the IT Solution, the transfer of the risks to the Customer, who undertakes to take all necessary care in taking custody of and protecting the IT Solutions and products, and to take out any useful insurance.
The initiation of insolvency proceedings in favour of the Customer shall not prevent the Service Provider from claiming the IT Solutions.
In the case of partial payment, this shall be firstly applied against the interest for late payment, and the most recent claims.

15. Confidentiality

Both parties undertake to take all necessary precautions to maintain the confidentiality of the other party’s confidential information these precautions to be at least equivalent to those taken by each of the parties to ensure the confidentiality of its own confidential information.
In the same way, the parties are bound to secrecy in relation to this contract, and the Documentation relating to the IT Solutions, which shall not, under any circumstances, be communicated to third parties (except in the case of legal or fiscal obligation and after previously informing the other party).
The parties each undertake to have this confidentiality clause respected by their respective employees, parent company, subsidiaries and any subcontractors and vouch for the latter in this respect.
This confidentiality obligation shall continue for as long as the information in question continues to be confidential, including beyond the date of the end of this agreement.

16. Modifications

Any modification to the designated system, the site of use or the initial configuration of the software, notably by the addition of supplementary licences and/or the granting of a user right for other software products of the Service Provider on the site of use, must be the subject of a supplementary clause to this contract.

17. Termination

17.1. – In the case of serious failure by one of the parties to respect the obligations of the contract, not remedied within 30 (thirty) days of receipt of the registered letter notifying the failures from the other party, the party not at fault shall be able to opt for the termination of the contract without prejudice to any damages that it may claim.

17.2. – The Service Provider shall be able to request the Customer for the amicable termination of the contract in the event that it encounters, during the performance of the service, unexpected difficulties, whose solution requires the implementation of means disproportionate with the amount of the contract for which the Customer refuses the additional cost. In this event, the contract shall be liquidated on the basis of the services provided on a pro rata temporis basis.
The Service Provider reserves the right to terminate this contract without prejudice to any other damages that it may claim, in the event that the User undergoes simple bankruptcy, court receivership or a similar procedure, this subject to applicable legal provisions.

18. Processing of personal data

In general, the parties undertake, in relation to the collection and/or processing and communication of personal data to respect the regulations applicable to the treatment of the said data. In this respect, the parties undertake to respect the obligations incumbent on them under French law 78-17, the so-called “Data Protection Law”, and the European Regulation on Data Protection 2016/79 of 27 April 2016, referred to as the “GDPR”.
The Service Provider thus undertakes to publish a solution complying with the provisions of the aforesaid texts and suggests that its customers consult its personal data management policy accessible in the section dedicated to this subject.
The Service Provider confirms that it implements technical and organisational measures allowing the security of the personal data to be ensured in the context of its service.
The Customer is able to set the parameters of the chosen IT Solution to define the personal data that it wishes to process. In this respect, it therefore undertakes to respect the principle of collection “minimisation, which implies that it undertakes to only process data strictly necessary for achieving the objective that is determined and that the Software will allow it to achieve. It also undertakes to respect the principles relating to the processing of personal data as defined in article 5 of the said “GDPR”.

19. Force majeure

During the period of this agreement, the parties undertake to act in good faith in respect to their reciprocal contractual rights and to take any measure to achieve the objectives of this agreement.
Consequently, each party undertakes to promptly inform, with confirmation by registered letter, the other party of any difficulty that it may encounter in the context of the performance of this contract.
Likewise, in the case of force majeure or for any other reason that could not be foreseen and outside the control of one of the parties, of a type to prevent the respect by the latter of its contractual obligations, the prevented party must promptly inform the other party by any means with confirmation by registered letter with request for acknowledgement of receipt within the next ten days. It must provide proof of the existence and the cause of this event within no more than 10 days of its appearance. It must promptly notify the ceasing of this event. The obligations of the parties shall be suspended for the duration of the force majeure and the parties shall make every effort to limit the duration and the effects of the event of force majeure.
However, if this duration exceeds one month, the parties shall consult each other to determine the conditions of the continuation or possible termination of this agreement.
The parties declare that their intention is to ensure that this agreement is equitably performed and that the interests of one of the parties are not impaired to the benefit of the other. Thus, if during the period of performance of this agreement, one of the parties considers that the contract is not fairly performed, the parties shall make every effort to agree in order to make this unfairness disappear. Failing agreement, article 21 herein shall be applied.

20. Nullity

The nullity or inapplicability of any one of the stipulations of this agreement shall not lead to the nullity of the other stipulations that shall retain all their enforceability and scope. The parties then agree to replace the clause declared null and void by a clause whose content is as close as possible to the originally determined clause.

21. No waiver

The fact that one of the Parties foregoes the right to require the other Party to respect any one of its obligations under this agreement shall not be interpreted for the future as a waiver of the right to require the respect of the said obligation.

22. Complaint

No complaint is admissible if it is not sent by registered letter with acknowledgement of receipt to the Service Provider’s registered office.

23. Settlement of disagreements

23.1. – These general conditions are subject to the application of French law even if the User is of a foreign nationality and/or the contract is fully or partly performed abroad.

23.2. – In the case of translation into several languages, only the French version shall be good evidence.

23.3. – Any dispute that may arise concerning its performance shall be referred before the Commercial Court of Bayonne in France to which the parties grant exclusive jurisdiction notwithstanding more than more defendant or proceedings against the guarantor which may take the form of third-party notice. The said court shall also have jurisdiction in the case of urgent proceedings.

23.4. – In the case of a dispute in matters of intellectual property rights, only the Regional Court of Bordeaux in France shall have jurisdiction not withstanding more than one defendant or proceedings against the guarantor which may take the form of third-party notice. The said court shall also have jurisdiction in the case of urgent proceedings.

 

N.B. Upon simple request, we can provide you with a copy of this contractual document in larger print.

IS Decisions
SA with board of directors – Authorised capital : € 230.000 – Recorded in the BAYONNE trade register under the number 432 602 738
Registered office: 374 Allée Antoine d’ABBADIE - 64210 BIDART - FRANCE