General conditions
General conditions
VESUV is the trade name of SAS VESUV through which the offer subject to these General Terms and Conditions of Sale is distributed
Preface
The present General Terms and Conditions of Sale (hereinafter referred to as " GTC") regulate the contract concluded between the company VESUV (hereinafter referred to as "Publisher") and the customer (hereinafter referred to as "Client" or "Clients") concerning the implementation for the benefit of the Client of the Services and Products offered by VESUV.
The GTC come into effect on the date of signature of the contract, apply to the Services and can be supplemented by Specific Conditions (hereinafter referred to as "SC") particularly to govern any links between the publisher and the Client.
By accepting, the Client certifies that he has read the GTC and the possible SC of the subscribed Services, understands their scope and consequently is aware of the scope of his contractual commitments towards the publisher.
Article 1 - Definition
Client: any professional – natural person capable in the sense of articles 1123 and following of the Civil Code, or legal person, who subscribes to and uses the Services of VESUV.
Contract: Agreement specific to each Service negotiated between the Client and the Publisher consisting of the GTC, the SC, and the possible Terms of Use of the Services defined on the website designated by VESUV, also supplemented by their possible appendices and amendments, to the exclusion of any other document that may be issued unilaterally by the Client after the formation of the contract.
Services: Through the VESUV product, the Publisher provides the Clients with:
A "form editor" type interface allowing the publication and administration by the Clients of the different procedures,
An interface allowing the execution of the previously defined procedures on all or part of the client references,
A set of dashboards allowing the client to exploit data from quality assessments.
A service for managing user accounts
A support and technical maintenance service for client pages.
All these Services is, hereinafter, referred to as "Client Space".
The conditions for awarding the Clients the Services are subject to changes to be agreed between the parties. In this case, the Client will be informed according to the procedures specified in Article 4.1 of the new conditions and their implementation dates.
Specific Services may be added to the Services governed by these GTC. These Services are then subject to a separate contract between the Publisher and the Client.
Account: Client Account allowing it to benefit from the subscribed Services from VESUV.
Content: All elements constituting the information present on the Client Space, including business elements, texts, images, videos.
Article 2 – Properties associated with the client space
Article 2.1 - Intellectual property of VESUV
The VESUV application constitutes a protected intellectual work under the provisions of the Code of Intellectual Property and applicable International Regulations. VESUV remains the holder of the Intellectual Property Rights related to all elements and works relating to a Client account, excluding the data constituting the documentary fund to which the Client is entitled or for which it has acquired rights from third parties.
The Client may not in any way reuse, assign, or exploit for its own account all or part of the elements or works of the application. In particular, this concerns the platform for editing forms, which allows each Client to define all control items of a form.
Consequently, the Publisher grants the Client, on a non-exclusive basis, a license to use the Services for the duration of the Contract and subject to compliance with the conditions of payment for these Services.
No one is authorized to reproduce, exploit, redistribute, sell, transfer or use in any capacity, even partially, the elements of the VESUV application, whether software, visual, or auditory, without the express permission of the Publisher.
The Publisher may, if it deems necessary, modify or replace an element with another equivalent within the framework of executing the Services granted to the Clients.
Article 2.2 - Intellectual property of the Client
The Client may integrate content into VESUV, including texts, images, modules, graphic charter elements, logos (hereinafter referred to as "Content") in standard electronic formats.
The Client providing content to VESUV must have the intellectual property rights, as well as the rights to use this Content. The Client must also have the right to reproduce or have this content reproduced by VESUV with the aim of integrating it into the subscribed Services.
The Client is fully responsible for ensuring that the content complies with applicable laws and regulations, public order, good morals, the rules set forth by the Professional Advertising Regulation Authority and, where appropriate, the ethical rules of its profession.
The Publisher cannot in any case be held responsible for any breach of these obligations.
Article 3 - Obligations and Responsibilities related to the application
Article 3.1 - Obligations and Responsibilities of the Client
The Client is responsible for the quality and truthfulness of the Content it publishes for the implementation and use of the Services. By quality, it must be understood the notions of compliance with rules related to:
regulation,
ethics,
the truthfulness of the information it communicates,
ensuring confidentiality of personal data,
the potential use of software,
copyrights,
This enumeration is not exhaustive.
The Client is also responsible for:
the use of the Services in any manner whatsoever,
any claims from its clients regarding its rights and obligations as defined in Article 3.1. In this regard, the Client guarantees the Publisher against any claims (including legal fees) made by a third party against VESUV.
the management of its confidential access codes to back-office modules.
Unless otherwise stated, the Client may not in any way assign, transfer or subcontract all or part of its rights or obligations under the Contract to third parties or to another entity of its group without the express consent of the Publisher.
To preserve its image, the Publisher reserves the right to delete all or part of the content if it does not comply with the quality rules defined above in Article 3.1.
Article 3.2 - Obligations and Responsibilities of the Publisher
The Publisher will carry out the Services subject to the contract in compliance with the agreed service commitments. By mutual agreement, the parties agree that VESUV is subject to an obligation of means. In this regard, the Publisher undertakes to implement the necessary means to carry out its actions and to inform the Clients of any potential difficulties.
The Publisher cannot be held responsible, in any capacity, for the consequences:
of cases of force majeure as defined in Article 5.2 and/or events beyond its will or outside its direct control,
of material, immaterial damages, following the Service rendered, unless in cases where the Client has established a causal link between the alleged damage and a fault of the Publisher,
of fraudulent use or theft of the identifiers allowing the Client to proceed with updates to the delegated Contents,
of interruptions inherent to the hosting of the Client space,
of termination of the Contract,
of suspension of the Contract under the provisions of the contract,
of contamination by potential viruses of the Client's computer equipment or data,
of risks of hacking, diversion or loss of information, data, or Content,
of errors present in the Contents possibly integrated by VESUV,
of indirect damages suffered by the Client including financial damages, commercial losses, increases in overheads, consequences of third-party claims or loss originating from or as a result of the Contract, even if the Client was previously informed, as well as damages caused to persons or property distinct from the object of the Contract.
VESUV will archive orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of VESUV will be considered as proof of communications, orders, payments, and transactions occurring between the parties.
The civil liability of the Publisher can only be engaged in the case of acts committed by it or by its collaborators, within the framework of executing the Contract and only in the event that a causal link between the alleged damage and gross fault of VESUV is established.
In any event, the Publisher's liability, if established, would be limited to 1 (one) year of Fees (as defined in Article 4.1) paid for the Services subject to the contract concerning the Client.
Article 4 - Financial Conditions
Article 4.1: Pricing and billing
The Services that correspond to a subscription benefit from the following conditions. Subscription package (calendar basis), paid monthly or annually (hereinafter referred to as "Fees").
Unless special derogation, the payment of the Fees by the Client is made by direct debit on bank card or SEPA mandate in accordance with the periodicity chosen by the Client. It should be noted that in the case of annual payment, no refund will be made in the event of termination for any reason during the year.
The prices are those in effect on the date of subscription. They are understood to be Exclusive of Tax. The Publisher reserves the right to modify its prices or its offer of Services at any time. If the new VAT-exclusive price is not favorable to the Client, the Client is informed of the new conditions and has a period of one (1) month to terminate his Contract by registered letter with acknowledgment of receipt. The termination will become effective under the conditions stipulated in Article 5.2.
In the event that the publisher or one of its partners has to offer a creation or support service, this will be subject to specific billing. The detailed terms relating to this service will be specified by email or through a quote issued to the Client if necessary.
It is agreed that the payment for the services performed by the publisher or one of its partners is made by the client in euros if the Contract is based in a country within the euro zone (Economic and Monetary Union) or in US Dollars if the contract is based outside the euro zone.
Payment may be made directly by the Client or by any other natural or legal person designated by the Client.
Article 4.2: Application of possible taxes
In order to take into account the different regulations in force regarding possible taxes, the payment will be made:
exclusive of tax if the client is invoiced outside the euro zone or in the euro zone indicating a valid intra-community VAT number,
including VAT rates and any taxes in force in France, if the client is invoiced in France or in the euro zone without a valid intra-community VAT number.
Article 4.3 Default of payment by the Client
Partial or total default of payment of a due installment will result in the immediate payment obligation of all sums due under the Fees as well as the collection of a flat-rate indemnity of €60 for administrative management costs. An invoice corresponding to the balance due regarding the Fees and flat-rate indemnities will be issued by the publisher. If not regularized within 30 calendar days, the Client is informed that his access will be closed, and the amounts due remain payable.
Non-payment within 30 days calculated from the date of issuance of the invoice will result in the collection of an additional flat-rate indemnity of €150 for administrative management costs. Furthermore, a delay indemnity corresponding to 3 times the legal interest rate in effect on the due date of payment as indicated in the annual schedule or on the invoice will be calculated. This indemnity will be calculated pro rata temporis for the entire duration of the established delay. Any bank payment rejection fees charged to the publisher in accordance with the provisions of decree n° 2007-1611 of November 15, 2007 will be billed to the Client. These provisions are without prejudice to any damages that the publisher may claim or the legal costs incurred.
Article 5 - Duration and conditions for termination of subscription services
Article 5.1 - Duration and effect of the contract
The contract is subscribed for a monthly or yearly duration with tacit renewal.
The subscriptions are due and deducted for the upcoming month or year, on the anniversary date of subscription
The contract is effective within a maximum period of 10 days from the effective payment of the amounts due.
Article 5.2 - Conditions for terminating subscription services
Termination by the Client
The client may terminate his subscription at any time as long as a first month of subscription has been billed.
He must inform VESUV by registered letter with acknowledgment of receipt of his choice with a notice period of one (1) month.
During this period, the Client must normally pay the due installments.
The termination will take effect based on the effective date of the original contract.
Termination by the Publisher of the Client's contract
The publisher reserves the right to terminate the subscription of a Client with one month's notice, in case of non-payment of one or more due installments; without prior notice, in case of violation by the Client of laws and regulations in force, good morals, or the ethical rules of his profession.
The termination of the Contract leads automatically to the suspension and cessation of the Subscribed Services by the Client to the Publisher as well as the payment of the amounts due as specified in Article 4.2.
Termination related to changes in subscription services
The publisher reserves the right to modify its prices or its offer of Services at any time. In this case, the Client will be informed of the new conditions, if the VAT-exclusive price is less favorable, and has a period of one (1) month to terminate his Contract by registered letter with acknowledgment of receipt. The termination will become effective under the conditions stipulated in Article 5.2.
Cases of force majeure
Events that are independent of the will of the parties preventing the normal execution of the Contract are considered cases of force majeure. Cases of force majeure suspend the execution of Services and beyond two (2) months of suspension render the contract void. Consequently, in this case, the Client is not obliged to pay the remaining balance due under the annual fee nor any associated costs.
Article 6 – Technical provisions related to the Site
Article 6.1 - Hosting
Unless otherwise stated, the Client acknowledges that the Services are hosted by a technical provider chosen by the publisher as part of a service contract negotiated by him for the benefit of the Clients.
The aim is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the possibility to interrupt the hosting service for the shortest durations necessary, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate reputed abnormal traffic.
The publisher commits to notifying the Clients in advance of planned interruptions of which it is aware, as much as possible.
The publisher and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephone equipment related, notably, to network congestion preventing access to the VESUV server or Services.
Article 6.2 - Technical equipment
Using the Services implies that the Client has or equips itself with the following equipment:
Computer equipment enabling the use of one or more internet browsers.
Internet connection using standard protocols and the main market browsers (Microsoft Internet Explorer, Google Chrome, Safari, Firefox). The publisher does not guarantee the proper functioning of the Services on older versions of these browsers, which are no longer supported by their respective publishers.
Article 6.3 - Execution terms of the service
Any claim or dispute by the Client must be sent to the Publisher within a maximum period of 1 (one) month after the observed fact. Notification of this claim or dispute must be made by registered letter with acknowledgment of receipt. Otherwise, claims or disputes will be barred.
Article 6.4 - Content settings
The Services subject to the subscription contract involve the entry of information content.
The Client is fully responsible for the modifications it integrates into the application, both in terms of frequency and content.
Article 6.5 - Identifiers and password
Each user must define their username and personal password when creating their account.
The Client is fully responsible for the abnormal or fraudulent use of this Identifier, particularly in the event of content modification.
Article 6.6 - Cookies
VESUV will implant Cookies on the computers of the application users for the purpose of gathering the information necessary for the site's optimization and for statistical purposes.
Users can oppose the recording of Cookies by configuring their browser. In this case, the quality of the application may be impaired or even rendered impossible.
Article 7 – Personal data / GDPR
Article 7.1 - Processing data by the publisher:
The publisher respects the privacy of its users and clients and commits that all information it collects, particularly during account creation (name, first name, phone number, email address), will be considered confidential information.
The information collected on this site is processed by the company Vesuv, located at 1 allée Marie Berhaut 35000 Rennes, data controller for managing your requests, orders, registrations, and subscriptions.
The collection of Client information is essential for providing our services and managing subscriptions. Refusal to consent to the processing of personal data would prevent the execution of these services.
Personal information is kept for the legal retention period and is intended for people responsible for their processing within the company as well as to subcontractors provided that the contract signed between the subcontractors and the data controller mentions the obligations imposed on subcontractors regarding the protection of data security and confidentiality (article 28 of the European Regulation on personal data protection EU 2016/679) and specifies, in particular, the security objectives to be achieved. No transfer of data is made outside the European Union.
Service providers intervening on the site on behalf of the publisher may access or communicate all or part of this information due to the services performed. In this case, the publisher commits to ensuring an adequate level of protection for your data.
Service providers with whom the publisher works for the management of orders and subscriptions as well as for the execution of certain services it offers (billing, payment, collection, customer satisfaction, communication new functions, etc.) for the purposes previously mentioned, and only to the extent necessary for the completion of the tasks committed to them. These providers may contact the client directly using the contact details he has provided.
The publisher strictly requires its service providers to use customers' personal data only to manage the services they have been asked to provide. The publisher also asks these providers to always act in compliance with applicable laws regarding the protection of personal data and to pay particular attention to the confidentiality and security of this data.
In accordance with the European Regulation on personal data protection EU 2016/679 (GDPR), the Client can exercise his right of access to his data, correction, deletion, request for limitation of processing, opposition, or request portability by contacting: contact@vesuv.co
The Client also has the right to file a complaint with the CNIL.
Consent to the processing of personal data being an obligation of the GDPR, before offering a subscription, the client must ensure that the concerned person agrees to communicate his email address and postal contact details to the publisher.
Article 7.2 - Processing data by the Client
The Client commits to carrying out all necessary steps with the relevant authorities, notably the National Commission for Computing and Liberties, to comply with the provisions of the law of January 6, 1978 as well as the law of June 21, 2004.
The Client is solely responsible for the collection and processing of personal data performed via the Services:
Declaration if necessary of the personal data file and processing,
Informing third parties of their right to access, modify, rectify or delete data,
Obtaining explicit consent from third parties in case of commercial solicitation,
Obtaining the explicit authorization of the third party concerned in case of use by the Client of an element of Content.
Article 8 – Miscellaneous
Article 8.1 – Partner contracts with the publisher
For the proper management of your subscription, the publisher may need to open a user account with a partner. This is notably the case regarding:
the management of your subscription payment delegated by the publisher to S.A STRIPE INC, a US law entity, headquartered at 3180 18th Street - Ca 94110 San Francisco.
the hosting of your databases delegated by the publisher to the company AMAZON(AWS service), a US law entity, whose French headquarters is located at 67 67 Boulevard du Général Leclerc 92110 Clichy France.
The acceptance of these GTC implies acceptance of the possible general conditions of use of the publisher's partners.
The termination of these GTC implies the termination of the possible general conditions of use of the publisher's partners.
Article 8.2 - Various provisions
Regarding commercial promotion or internal communication at VESUV, the Client authorizes the publisher, at no cost, during the entire duration of the Contract to use the Trade name, Corporate Name, and/or the testimony of the Client.
The Client may oppose in writing any or all of the exploitation by VESUV of this business relationship, VESUV then committing for the future not to refer to this relationship.
The Client expressly acknowledges that the so-called "checkbox technique" constitutes electronic signing that has, between the parties, the same value as a handwritten signature.
{VESUV reserves the right to modify the characteristics, functionalities, or conditions of the Services subject to these Terms, provided to inform the Client in accordance with Article 5.2.
The parties will communicate by all appropriate means in accordance with the information indicated on the VESUV site (telephone, email, postal mail, etc.).
Notifications sent by VESUV to the Client will be assumed to have been received and read by the Client, unless return of postal mail or email sent to the Client by VESUV.
Notifications sent by the Client to VESUV will be presumed to have been received by VESUV upon receipt by the Client of the acknowledgment of receipt of the mail sent by digital or postal means.
Processing by VESUV of the Client's notifications will be carried out in accordance with the service commitments specified in Article 6.4.
Article 9 - Waiver
The fact that either party does not invoke the application of any clause of the Contract or agrees to its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by that party of the rights that arise from said clause.
Article 10 - Dispute resolution
The present conditions of sale are subject to French law. In case of dispute, jurisdiction is attributed to the competent courts of Paris.
General conditions
General conditions
VESUV is the trade name of SAS VESUV through which the offer subject to these General Terms and Conditions of Sale is distributed
Preface
The present General Terms and Conditions of Sale (hereinafter referred to as " GTC") regulate the contract concluded between the company VESUV (hereinafter referred to as "Publisher") and the customer (hereinafter referred to as "Client" or "Clients") concerning the implementation for the benefit of the Client of the Services and Products offered by VESUV.
The GTC come into effect on the date of signature of the contract, apply to the Services and can be supplemented by Specific Conditions (hereinafter referred to as "SC") particularly to govern any links between the publisher and the Client.
By accepting, the Client certifies that he has read the GTC and the possible SC of the subscribed Services, understands their scope and consequently is aware of the scope of his contractual commitments towards the publisher.
Article 1 - Definition
Client: any professional – natural person capable in the sense of articles 1123 and following of the Civil Code, or legal person, who subscribes to and uses the Services of VESUV.
Contract: Agreement specific to each Service negotiated between the Client and the Publisher consisting of the GTC, the SC, and the possible Terms of Use of the Services defined on the website designated by VESUV, also supplemented by their possible appendices and amendments, to the exclusion of any other document that may be issued unilaterally by the Client after the formation of the contract.
Services: Through the VESUV product, the Publisher provides the Clients with:
A "form editor" type interface allowing the publication and administration by the Clients of the different procedures,
An interface allowing the execution of the previously defined procedures on all or part of the client references,
A set of dashboards allowing the client to exploit data from quality assessments.
A service for managing user accounts
A support and technical maintenance service for client pages.
All these Services is, hereinafter, referred to as "Client Space".
The conditions for awarding the Clients the Services are subject to changes to be agreed between the parties. In this case, the Client will be informed according to the procedures specified in Article 4.1 of the new conditions and their implementation dates.
Specific Services may be added to the Services governed by these GTC. These Services are then subject to a separate contract between the Publisher and the Client.
Account: Client Account allowing it to benefit from the subscribed Services from VESUV.
Content: All elements constituting the information present on the Client Space, including business elements, texts, images, videos.
Article 2 – Properties associated with the client space
Article 2.1 - Intellectual property of VESUV
The VESUV application constitutes a protected intellectual work under the provisions of the Code of Intellectual Property and applicable International Regulations. VESUV remains the holder of the Intellectual Property Rights related to all elements and works relating to a Client account, excluding the data constituting the documentary fund to which the Client is entitled or for which it has acquired rights from third parties.
The Client may not in any way reuse, assign, or exploit for its own account all or part of the elements or works of the application. In particular, this concerns the platform for editing forms, which allows each Client to define all control items of a form.
Consequently, the Publisher grants the Client, on a non-exclusive basis, a license to use the Services for the duration of the Contract and subject to compliance with the conditions of payment for these Services.
No one is authorized to reproduce, exploit, redistribute, sell, transfer or use in any capacity, even partially, the elements of the VESUV application, whether software, visual, or auditory, without the express permission of the Publisher.
The Publisher may, if it deems necessary, modify or replace an element with another equivalent within the framework of executing the Services granted to the Clients.
Article 2.2 - Intellectual property of the Client
The Client may integrate content into VESUV, including texts, images, modules, graphic charter elements, logos (hereinafter referred to as "Content") in standard electronic formats.
The Client providing content to VESUV must have the intellectual property rights, as well as the rights to use this Content. The Client must also have the right to reproduce or have this content reproduced by VESUV with the aim of integrating it into the subscribed Services.
The Client is fully responsible for ensuring that the content complies with applicable laws and regulations, public order, good morals, the rules set forth by the Professional Advertising Regulation Authority and, where appropriate, the ethical rules of its profession.
The Publisher cannot in any case be held responsible for any breach of these obligations.
Article 3 - Obligations and Responsibilities related to the application
Article 3.1 - Obligations and Responsibilities of the Client
The Client is responsible for the quality and truthfulness of the Content it publishes for the implementation and use of the Services. By quality, it must be understood the notions of compliance with rules related to:
regulation,
ethics,
the truthfulness of the information it communicates,
ensuring confidentiality of personal data,
the potential use of software,
copyrights,
This enumeration is not exhaustive.
The Client is also responsible for:
the use of the Services in any manner whatsoever,
any claims from its clients regarding its rights and obligations as defined in Article 3.1. In this regard, the Client guarantees the Publisher against any claims (including legal fees) made by a third party against VESUV.
the management of its confidential access codes to back-office modules.
Unless otherwise stated, the Client may not in any way assign, transfer or subcontract all or part of its rights or obligations under the Contract to third parties or to another entity of its group without the express consent of the Publisher.
To preserve its image, the Publisher reserves the right to delete all or part of the content if it does not comply with the quality rules defined above in Article 3.1.
Article 3.2 - Obligations and Responsibilities of the Publisher
The Publisher will carry out the Services subject to the contract in compliance with the agreed service commitments. By mutual agreement, the parties agree that VESUV is subject to an obligation of means. In this regard, the Publisher undertakes to implement the necessary means to carry out its actions and to inform the Clients of any potential difficulties.
The Publisher cannot be held responsible, in any capacity, for the consequences:
of cases of force majeure as defined in Article 5.2 and/or events beyond its will or outside its direct control,
of material, immaterial damages, following the Service rendered, unless in cases where the Client has established a causal link between the alleged damage and a fault of the Publisher,
of fraudulent use or theft of the identifiers allowing the Client to proceed with updates to the delegated Contents,
of interruptions inherent to the hosting of the Client space,
of termination of the Contract,
of suspension of the Contract under the provisions of the contract,
of contamination by potential viruses of the Client's computer equipment or data,
of risks of hacking, diversion or loss of information, data, or Content,
of errors present in the Contents possibly integrated by VESUV,
of indirect damages suffered by the Client including financial damages, commercial losses, increases in overheads, consequences of third-party claims or loss originating from or as a result of the Contract, even if the Client was previously informed, as well as damages caused to persons or property distinct from the object of the Contract.
VESUV will archive orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of VESUV will be considered as proof of communications, orders, payments, and transactions occurring between the parties.
The civil liability of the Publisher can only be engaged in the case of acts committed by it or by its collaborators, within the framework of executing the Contract and only in the event that a causal link between the alleged damage and gross fault of VESUV is established.
In any event, the Publisher's liability, if established, would be limited to 1 (one) year of Fees (as defined in Article 4.1) paid for the Services subject to the contract concerning the Client.
Article 4 - Financial Conditions
Article 4.1: Pricing and billing
The Services that correspond to a subscription benefit from the following conditions. Subscription package (calendar basis), paid monthly or annually (hereinafter referred to as "Fees").
Unless special derogation, the payment of the Fees by the Client is made by direct debit on bank card or SEPA mandate in accordance with the periodicity chosen by the Client. It should be noted that in the case of annual payment, no refund will be made in the event of termination for any reason during the year.
The prices are those in effect on the date of subscription. They are understood to be Exclusive of Tax. The Publisher reserves the right to modify its prices or its offer of Services at any time. If the new VAT-exclusive price is not favorable to the Client, the Client is informed of the new conditions and has a period of one (1) month to terminate his Contract by registered letter with acknowledgment of receipt. The termination will become effective under the conditions stipulated in Article 5.2.
In the event that the publisher or one of its partners has to offer a creation or support service, this will be subject to specific billing. The detailed terms relating to this service will be specified by email or through a quote issued to the Client if necessary.
It is agreed that the payment for the services performed by the publisher or one of its partners is made by the client in euros if the Contract is based in a country within the euro zone (Economic and Monetary Union) or in US Dollars if the contract is based outside the euro zone.
Payment may be made directly by the Client or by any other natural or legal person designated by the Client.
Article 4.2: Application of possible taxes
In order to take into account the different regulations in force regarding possible taxes, the payment will be made:
exclusive of tax if the client is invoiced outside the euro zone or in the euro zone indicating a valid intra-community VAT number,
including VAT rates and any taxes in force in France, if the client is invoiced in France or in the euro zone without a valid intra-community VAT number.
Article 4.3 Default of payment by the Client
Partial or total default of payment of a due installment will result in the immediate payment obligation of all sums due under the Fees as well as the collection of a flat-rate indemnity of €60 for administrative management costs. An invoice corresponding to the balance due regarding the Fees and flat-rate indemnities will be issued by the publisher. If not regularized within 30 calendar days, the Client is informed that his access will be closed, and the amounts due remain payable.
Non-payment within 30 days calculated from the date of issuance of the invoice will result in the collection of an additional flat-rate indemnity of €150 for administrative management costs. Furthermore, a delay indemnity corresponding to 3 times the legal interest rate in effect on the due date of payment as indicated in the annual schedule or on the invoice will be calculated. This indemnity will be calculated pro rata temporis for the entire duration of the established delay. Any bank payment rejection fees charged to the publisher in accordance with the provisions of decree n° 2007-1611 of November 15, 2007 will be billed to the Client. These provisions are without prejudice to any damages that the publisher may claim or the legal costs incurred.
Article 5 - Duration and conditions for termination of subscription services
Article 5.1 - Duration and effect of the contract
The contract is subscribed for a monthly or yearly duration with tacit renewal.
The subscriptions are due and deducted for the upcoming month or year, on the anniversary date of subscription
The contract is effective within a maximum period of 10 days from the effective payment of the amounts due.
Article 5.2 - Conditions for terminating subscription services
Termination by the Client
The client may terminate his subscription at any time as long as a first month of subscription has been billed.
He must inform VESUV by registered letter with acknowledgment of receipt of his choice with a notice period of one (1) month.
During this period, the Client must normally pay the due installments.
The termination will take effect based on the effective date of the original contract.
Termination by the Publisher of the Client's contract
The publisher reserves the right to terminate the subscription of a Client with one month's notice, in case of non-payment of one or more due installments; without prior notice, in case of violation by the Client of laws and regulations in force, good morals, or the ethical rules of his profession.
The termination of the Contract leads automatically to the suspension and cessation of the Subscribed Services by the Client to the Publisher as well as the payment of the amounts due as specified in Article 4.2.
Termination related to changes in subscription services
The publisher reserves the right to modify its prices or its offer of Services at any time. In this case, the Client will be informed of the new conditions, if the VAT-exclusive price is less favorable, and has a period of one (1) month to terminate his Contract by registered letter with acknowledgment of receipt. The termination will become effective under the conditions stipulated in Article 5.2.
Cases of force majeure
Events that are independent of the will of the parties preventing the normal execution of the Contract are considered cases of force majeure. Cases of force majeure suspend the execution of Services and beyond two (2) months of suspension render the contract void. Consequently, in this case, the Client is not obliged to pay the remaining balance due under the annual fee nor any associated costs.
Article 6 – Technical provisions related to the Site
Article 6.1 - Hosting
Unless otherwise stated, the Client acknowledges that the Services are hosted by a technical provider chosen by the publisher as part of a service contract negotiated by him for the benefit of the Clients.
The aim is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the possibility to interrupt the hosting service for the shortest durations necessary, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate reputed abnormal traffic.
The publisher commits to notifying the Clients in advance of planned interruptions of which it is aware, as much as possible.
The publisher and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephone equipment related, notably, to network congestion preventing access to the VESUV server or Services.
Article 6.2 - Technical equipment
Using the Services implies that the Client has or equips itself with the following equipment:
Computer equipment enabling the use of one or more internet browsers.
Internet connection using standard protocols and the main market browsers (Microsoft Internet Explorer, Google Chrome, Safari, Firefox). The publisher does not guarantee the proper functioning of the Services on older versions of these browsers, which are no longer supported by their respective publishers.
Article 6.3 - Execution terms of the service
Any claim or dispute by the Client must be sent to the Publisher within a maximum period of 1 (one) month after the observed fact. Notification of this claim or dispute must be made by registered letter with acknowledgment of receipt. Otherwise, claims or disputes will be barred.
Article 6.4 - Content settings
The Services subject to the subscription contract involve the entry of information content.
The Client is fully responsible for the modifications it integrates into the application, both in terms of frequency and content.
Article 6.5 - Identifiers and password
Each user must define their username and personal password when creating their account.
The Client is fully responsible for the abnormal or fraudulent use of this Identifier, particularly in the event of content modification.
Article 6.6 - Cookies
VESUV will implant Cookies on the computers of the application users for the purpose of gathering the information necessary for the site's optimization and for statistical purposes.
Users can oppose the recording of Cookies by configuring their browser. In this case, the quality of the application may be impaired or even rendered impossible.
Article 7 – Personal data / GDPR
Article 7.1 - Processing data by the publisher:
The publisher respects the privacy of its users and clients and commits that all information it collects, particularly during account creation (name, first name, phone number, email address), will be considered confidential information.
The information collected on this site is processed by the company Vesuv, located at 1 allée Marie Berhaut 35000 Rennes, data controller for managing your requests, orders, registrations, and subscriptions.
The collection of Client information is essential for providing our services and managing subscriptions. Refusal to consent to the processing of personal data would prevent the execution of these services.
Personal information is kept for the legal retention period and is intended for people responsible for their processing within the company as well as to subcontractors provided that the contract signed between the subcontractors and the data controller mentions the obligations imposed on subcontractors regarding the protection of data security and confidentiality (article 28 of the European Regulation on personal data protection EU 2016/679) and specifies, in particular, the security objectives to be achieved. No transfer of data is made outside the European Union.
Service providers intervening on the site on behalf of the publisher may access or communicate all or part of this information due to the services performed. In this case, the publisher commits to ensuring an adequate level of protection for your data.
Service providers with whom the publisher works for the management of orders and subscriptions as well as for the execution of certain services it offers (billing, payment, collection, customer satisfaction, communication new functions, etc.) for the purposes previously mentioned, and only to the extent necessary for the completion of the tasks committed to them. These providers may contact the client directly using the contact details he has provided.
The publisher strictly requires its service providers to use customers' personal data only to manage the services they have been asked to provide. The publisher also asks these providers to always act in compliance with applicable laws regarding the protection of personal data and to pay particular attention to the confidentiality and security of this data.
In accordance with the European Regulation on personal data protection EU 2016/679 (GDPR), the Client can exercise his right of access to his data, correction, deletion, request for limitation of processing, opposition, or request portability by contacting: contact@vesuv.co
The Client also has the right to file a complaint with the CNIL.
Consent to the processing of personal data being an obligation of the GDPR, before offering a subscription, the client must ensure that the concerned person agrees to communicate his email address and postal contact details to the publisher.
Article 7.2 - Processing data by the Client
The Client commits to carrying out all necessary steps with the relevant authorities, notably the National Commission for Computing and Liberties, to comply with the provisions of the law of January 6, 1978 as well as the law of June 21, 2004.
The Client is solely responsible for the collection and processing of personal data performed via the Services:
Declaration if necessary of the personal data file and processing,
Informing third parties of their right to access, modify, rectify or delete data,
Obtaining explicit consent from third parties in case of commercial solicitation,
Obtaining the explicit authorization of the third party concerned in case of use by the Client of an element of Content.
Article 8 – Miscellaneous
Article 8.1 – Partner contracts with the publisher
For the proper management of your subscription, the publisher may need to open a user account with a partner. This is notably the case regarding:
the management of your subscription payment delegated by the publisher to S.A STRIPE INC, a US law entity, headquartered at 3180 18th Street - Ca 94110 San Francisco.
the hosting of your databases delegated by the publisher to the company AMAZON(AWS service), a US law entity, whose French headquarters is located at 67 67 Boulevard du Général Leclerc 92110 Clichy France.
The acceptance of these GTC implies acceptance of the possible general conditions of use of the publisher's partners.
The termination of these GTC implies the termination of the possible general conditions of use of the publisher's partners.
Article 8.2 - Various provisions
Regarding commercial promotion or internal communication at VESUV, the Client authorizes the publisher, at no cost, during the entire duration of the Contract to use the Trade name, Corporate Name, and/or the testimony of the Client.
The Client may oppose in writing any or all of the exploitation by VESUV of this business relationship, VESUV then committing for the future not to refer to this relationship.
The Client expressly acknowledges that the so-called "checkbox technique" constitutes electronic signing that has, between the parties, the same value as a handwritten signature.
{VESUV reserves the right to modify the characteristics, functionalities, or conditions of the Services subject to these Terms, provided to inform the Client in accordance with Article 5.2.
The parties will communicate by all appropriate means in accordance with the information indicated on the VESUV site (telephone, email, postal mail, etc.).
Notifications sent by VESUV to the Client will be assumed to have been received and read by the Client, unless return of postal mail or email sent to the Client by VESUV.
Notifications sent by the Client to VESUV will be presumed to have been received by VESUV upon receipt by the Client of the acknowledgment of receipt of the mail sent by digital or postal means.
Processing by VESUV of the Client's notifications will be carried out in accordance with the service commitments specified in Article 6.4.
Article 9 - Waiver
The fact that either party does not invoke the application of any clause of the Contract or agrees to its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by that party of the rights that arise from said clause.
Article 10 - Dispute resolution
The present conditions of sale are subject to French law. In case of dispute, jurisdiction is attributed to the competent courts of Paris.
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Stay informed about the latest news
Digitalize your procedures
Resources
©2025 Vesuv All rights reserved.
Stay informed about the latest news
Digitalize your procedures
Resources
©2025 Vesuv All rights reserved.