General Terms of Use as of June 1st 2017 accessible on the Website at
https://www.hyphen-stat.com/terms-conditions/
Under these Terms of Use, the following terms shall have the following meanings:
These general terms and conditions apply to any use of the Services in the so-called “Full SaaS” mode accessible from the HYPHEN-STAT servers.
The Customer’s access to the Services will automatically imply that he has taken full knowledge of these terms and conditions and, unless otherwise agreed by the parties duly accepted by HYPHEN-STAT, signify that the Customer agrees that these terms of use are applicable to the use of the Services.
Acceptance of these general terms and conditions of use may take place at the time of the initial contract with the Customer and / or prior to the first connection by means of a check box.
No special conditions may prevail, unless expressly accepted by HYPHEN-STAT, against these general conditions of use.
Any contrary condition imposed by the Customer will therefore be rejected in the absence of express acceptance of HYPHEN-STAT, whatever the moment at which it may have been brought to its knowledge.
The fact that HYPHEN-STAT does not avail itself at any time of any of these terms and conditions of use shall not be construed as a waiver of any of these conditions at a later date.
The Services offered by HYPHEN-STAT are intended to be used in a strictly internal framework by the Customer.
The Service allows Customer to access and set up the Application to generate calculation reports for analysing stability data.
Unless otherwise specified, any new feature that enhances or extends one or more existing Services or any new Service offered on the Platform will be subject to these Terms of Use.
HYPHEN-STAT reserves the right to modify at any time and / or to supplement the Services offered via the Platform.
Access to the Services may be supplemented by assistance and consulting services for optimizing the performance of the Application or for the development of specific functionality requested by the Client. These services will then be the subject of a separate contract.
The right of access and use granted to the Customer is non-exclusive, personal, non-transferable and limited to the duration of the execution of the Subscribed Contract.
The Customer is obliged to subscribe for each company he operates, it being specified that the subsidiaries more than 50% owned by the customer are considered to belong to the same company.
The Customer declares and acknowledges having received from HYPHEN-STAT all necessary information and advice relating to the Services, in particular under their terms, conditions and operating limits.
The Customer agrees to use the Services only in accordance with their intended purpose. It undertakes not to make a misuse of the Services placed at its disposal.
The Customer is solely responsible for the Data that it transfers and processes through the Services, in accordance with the current regulations, as well as the results produced from these Data, and their use.
HYPHEN-STAT aims to provide continuous access to the Services 24 hours a day, seven days a week.
However, access to the Services may be interrupted at any time and without prior notice, in particular as a result of failures, dysfunctions or paralysis of the network, the system and / or the means of communication and maintenance and corrections made necessary by the updating and proper functioning of the Platform and / or the Application.
HYPHEN-STAT shall inform the Client, as far as possible, of the existence and duration of the interruption. HYPHEN-STAT will strive to carry out maintenance operations at times when the Website is least used.
In the event of suspension of the Services for less than 24 consecutive hours, the Customer acknowledges and agrees that the Data may not be registered during this period, without this being considered as a non-performance by HYPHEN-STAT of its obligations under of the present general conditions, nor give any right to any compensation for the benefit of the Customer.
In the event of interruption of the Services for more than 24 business days, HYPHEN-STAT will grant the Customer a discount corresponding to one day of subscription per period of 24 consecutive hours of interruption of the Services and this, excluding any other compensation.
The corresponding credit will be credited to the Customer when the next invoice is issued.
The Customer undertakes not to interfere with access to the Platform and / or the proper functioning of the Platform in any way whatsoever, which may damage, intercept, interfere with all or part of the Platform. It is recalled that the fact of accessing or maintaining fraudulently in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data into an information system constitutes criminal offenses penal sanctions.
HYPHEN-STAT takes reasonable precautions to ensure the physical protection of the Platform and associated Services.
However, HYPHEN-STAT cannot be held responsible for the elements beyond its control and for any damage that may be suffered by the Customer’s or the User’s technical environment and in particular its computers, software, network equipment and any other hardware used to access or use the Platform and / or Application.
Prior to any registration and access, the Customer must ensure that he has the necessary conditions defined below to access all the functionalities of the Service.
In order to access the User Account, Customers must have high-speed Internet access, a computer equipped and configured to connect to the Internet, software and a compatible configuration allowing access to the Platform and use of the Services.
The Customer shall be solely responsible for the installation, use and maintenance of his Equipment to enable access to the Services; it will bear all the consequences attached to a configuration, parameter setting, or use not conforming to its Equipment.
HYPHEN-STAT declines all responsibility if the above conditions are not respected.
7.1. Terms of access
On the occasion of the creation of the Customer Account by HYPHEN-STAT, Customers may be required to communicate personal information which will allow them to identify themselves in order to access all the functionalities of the Services of the Site.
In order to access and use the Services, Users must fill in and validate the online registration form which will allow them to identify themselves in order to access all the functionalities of the Services accessible via the Platform of the Site.
Users undertake to provide accurate and complete data (name, surname, e-mail address, company, address, city, telephone, etc.) that does not affect, in any way whatsoever, the third parties.
The Customer undertakes to inform HYPHEN-STAT as to the updating of the aforesaid information and to correct any errors affecting them.
7.2. Validation of information and compatibility check
HYPHEN-STAT will perform the necessary verifications for the registration information provided by the Customer.
These checks are intended to ensure that the prerequisites are fulfilled and that the information provided during the initial contract and / or the registration form is complete.
In the event of incomplete information and / or manifest technical incompatibility, HYPHEN-STAT will inform the Customer by e-mail.
HYPHEN-STAT cannot be held responsible in the event that the contact details and information provided at the time of the subscription of the initial contract and / or the registration are inaccurate, incomplete or obsolete.
In the event of a change in the information provided during the initial contract and / or registration, the Customer undertakes to make the necessary changes directly to his User Account and his Equipment.
In particular, the Customer agrees to inform HYPHEN-STAT of any change of principal contact as designated, upon the subscription of the Contract and / or its registration, and / or its contact details and e-mail addresses.
Failing this, the information and notifications sent by HYPHEN-STAT to the principal contact person initially designated will be deemed to have been received by the Client.
In addition, HYPHEN-STAT may refuse to grant any request from the Customer and shall not be issued by the designated principal contact person or his legal representative.
Similarly, HYPHEN-STAT cannot be held responsible for any technical incompatibility between the Services resulting from changes in the Customer’s Equipment.
7.3. Activating the Customer account
Subject to the fulfillment of all the conditions required and the acceptance of the terms and conditions by the Customer at the time of the initial contract and by the User prior to the connection to the User Space via a checkbox, HYPHEN-STAT initiates the activation process of a Personal User Account assigned to each User and allows access to the Platform allowing the use of all the functionalities of the Services.
Access to the User Account by the Users will be the sole responsibility of the Customer as the principal contact and administrator of the account.
7.4. Authentication and Security
Once the process has been completed, the principal contact person designated by the Customer will receive an e-mail from HYPHEN-STAT that will allow him to access his Customer Account.
These Identifiers will enable the Customer to identify himself, through the Customer Account, on the Platform from which he can access and use the Services.
The activation e-mail sent to the principal contact shall constitute the date of entry into force of the contract and, where applicable, the starting point of the trial period detailed in Article 8.3 hereof.
It is recalled that the Identifiers are strictly personal and confidential and should not be communicated or shared with third parties in any way whatsoever. In no event shall HYPHEN-STAT be liable for the loss or theft or, more generally, the misappropriation of the identifiers.
The Customer will be solely responsible for the use of its Identifiers or the actions made through its accounts, whether fraudulent or not. The Client guarantees HYPHEN-STAT against any request in this respect.
Furthermore, HYPHEN-STAT does not have the means to ascertain the identity of the Customer accessing the Services, and therefore cannot be responsible. If the Customer has reason to believe that a person other than the Authorized Users uses his Identifiers or his Customer Account, he must immediately inform HYPHEN-STAT.
During the execution of the Contract, HYPHEN-STAT may modify or change all or part of the Identifiers for technical or security reasons. HYPHEN-STAT will notify the Customer of this change by e-mail.
8.1. Configuration
By means of its Identifiers, the Customer is invited to connect to his Customer Account in order to carry out, on the Platform, the generation of calculation report from the Hosted Application.
By following the instructions given on the Platform, the Customer must insert the required information in the corresponding fields.
8.2. Application Test
Once all the fields have been filled in, the Customer must carry out a complete test set, as indicated by HYPHEN-STAT, to validate the correct functioning of all the functionalities of the Application and the associated Services.
8.3. Trial period
When a trial period is stipulated on the order form, the Customer will be able to test all the Services offered on the HYPHEN-STAT platform during this period.
At the end of this trial period, the Customer has a period of 5 working days to notify HYPHEN-STAT (by e-mail or postal mail) of its intention not to continue using the Services. In this case, the Services will automatically be suspended and the Customer Data will be automatically deleted after 15 days.
If Customer fails to notify HYPHEN-STAT of its intention not to continue using the Services within the aforementioned period, the contract will continue to run for the duration of subscription subscribed, subject to the conditions detailed herein terms and conditions and, where applicable, in the original contract and / or the purchase order.
8.4 Access to an online demo version of the Application
Any user of the HYPHEN-STAT Site may, without being a Client, test a demonstrative version of the Application for a period of 5 working days, subject to submitting a request to HYPHEN-STAT via the contact form accessible on the Website accessible at www.hyphen-stat.com and to accept unreservedly the present Terms and conditions by means of a checkbox before the validation and the sending of the form.
Within 5 days of the user’s request, HYPHEN-STAT will assign a temporary account to the User administered by HYPHEN-STAT and necessary for access to the demo version of the Application.
The user will be notified by e-mail of the opening of a provisional account and will then be able to access the demo version of the Application.
As it is a simple demo version of the Application, the Application does not offer all the functionalities of the Application and the associated Services package which implies subscription to the Service.
At the end of the demo period, access to the demo version will automatically be interrupted and the User Data will be automatically deleted after 15 days
The Customer agrees to respect and to uphold to all User the characteristics and the limits fixed by HYPHEN-STAT and its technical partners as regards the use of the Services, and more generally all the provisions of the present general conditions.
Accessibility to the Services may be limited or impossible depending on the geographical location from which the User accesses the Services. In any case, access to the Services shall be the sole responsibility of the User in the light of the applicable local regulations.
The Customer declares to accept the characteristics and limitations of the Internet and, in particular, acknowledges:
The pages of the Platform may contain hypertext links to websites published by third parties over which HYPHEN-STAT does not exercise any kind of control. HYPHEN-STAT assumes no responsibility for the content of third-party sites or the content to which third-party sites may refer.
The presence of hypertext links to third party sites does not mean that HYPHEN-STAT approves in any way whatsoever the contents of third-party sites. HYPHEN-STAT is not responsible for any changes or updates to third-party sites.
11.1 Collection of personal data
11.1.1 Collection of personal data
When registering Customers, accessing and using the Services, HYPHEN-STAT and its technical partners may collect different personal data. HYPHEN-STAT is the controller.
These Data are necessary to enable Customers and Users to access and use the Services.
They are intended only for HYPHEN-STAT and its technical service providers. They shall not be re-used by HYPHEN-STAT, nor communicated to third parties, except as required by law and / or subject to prior and express agreement of the Customers.
In this respect, the Client declares to have read and accepted without reserve the headings “legal information” and “personal data” accessible on the HYPHEN-STAT platform, in particular at the address https://www.hyphen-stat.com/legals-notices/, which are an integral part of the present terms and conditions of use of the Services.
The Client declares that he has opposed the present general conditions of use to the Users who declare that they have accepted unreservedly the headings “legal notices” and “personal data” accessible on the HYPHEN-STAT platform, in particular at the address www.hyphen- stat.com/en/mentionslegales.html, which are an integral part of these terms and conditions of use of the Services.
11.1.2 Users data
HYPHEN-STAT cannot be held liable, in particular to users and more generally to third parties, for the prior or ex post control of the quality and / or the authorized character of the person who collects, obtains or discloses and transmits information to HYPHEN-STAT, including personal information, for any reason whatsoever and on any basis whatsoever, as well as the use or non-use, exploitation or non-use, which would be made by HYPHEN-STAT or a third party of the information transmitted.
The Customer is solely responsible for the respect by its Users of the obligations covered by the Contract.
The Customer remains the sole owner of the Data inserted in the Application and of the results generated by the latter.
User data, if available by HYPHEN-STAT, is not interconnected with the computer systems of another customer.
11.2 Right of access and rectification of personal data
In accordance with the law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms, Customers have the right to access, modify, rectify and delete data concerning them.
Consequently, the Customer may freely and at any time modify his / her personal information through his User Account or by directly contacting HYPHEN-STAT the Company at the following email address support@hyphen-stat.com, using the contact form available online on the Platform or by mail to the following mailing address:
HYPHEN-STAT
116 Route d’Espagne Helios3
BAL 305 – 31100 Toulouse
11.3 Safety of treatments
HYPHEN-STAT shall take appropriate technical and organizational measures to secure the access and storage of personal data of the Users and to preserve their security by preventing them from being deformed, damaged, destroyed or accidentally lost or disclosed without authorization.
The Customer undertakes to respect and ensure that the persons under his responsibility comply with the regulations in force.
The Customer is solely responsible for the content of the information and data included in the Application as well as the results obtained.
In the event of any error or omission in the results, the Customer shall be solely liable to Users and third parties who have used the Service.
HYPHEN-STAT warrants that the Services offered are capable of performing the functions described in the accompanying documentation and under the conditions defined therein. This warranty is exclusive of any other warranty and in particular of result.
The Customer acknowledges and accepts that the Services offered through the Platform are part of a particularly complex field of computer technology and that they cannot physically do, especially in the context of the mutualised use of their functionalities, the objects of tests, nor of experiments covering all the possibilities of use.
HYPHEN-STAT is responsible for the proper performance of its contractual obligations. However, HYPHEN-STAT can only be held liable for proven facts that are attributable exclusively to it.
HYPHEN-STAT cannot be held responsible for:
In the event that HYPHEN-STAT’s liability is withheld, the total amount of reparations that may be charged to it will be the only direct, personal and certain damage, and in any event will be limited to the amount actually paid by the Customer during the last 6 months.
The Customer warrants HYPHEN-STAT to indemnify and save harmless from and against any and all claims, claims or actions of third parties relating to the use of the Services, including its own Users and customers. As such, the Customer agrees to indemnify HYPHEN-STAT from all kinds of convictions, as well as indemnities, damages and attorneys’ fees and legal costs.
The Client may request the organization of trainings for the implementation and use of the Services which will be the subject of a separate contract.
HYPHEN-STAT offers various means of information and advice available to the Customer, in particular via online help available on the Platform. In this respect, the Customer undertakes to consult these means of information prior to any solicitation of the assistance service.
The Customer may contact HYPHEN-STAT at any time by e-mail using the form provided on the HYPHEN-STAT Platform. These requests will be processed as soon as possible.
Depending on the options subscribed, HYPHEN-STAT also provides the Customer with a hotline.
The opening hours of the helpdesk and its terms of use are specified on the Contract.
In order to maintain an optimal level of services, HYPHEN-STAT may at any time ask the Customer to carry out any updates of its equipment. Failing this, the Customer will be solely responsible for the interruptions and / or possible deterioration of the Services that would result.
17.1 Service prices
The prices of the subscribed Service are detailed on the initial Contract and / or the order form.
Prices are expressed in euros all taxes included (TTC) and the price is immediately due in order to access the Service.
Access to the Service will be invoiced each year on the calendar day corresponding to the start of the subscription.
Subscription to the Service will be automatically renewed each year upon expiry of the initial subscription period for the Service. Temporary offers and special offers offered during the current period are not applicable to the extended period.
Automatic renewal of the subscription to the Service may be deactivated at any time before the end of the current period by communicating this wish to HYPHEN-STAT by means of the contact form accessible on each User Account. This deactivation will only take effect from the end of the current subscription period.
Subscription to the Service is invoiced to the Customer on the basis of the price in force on the initial date of subscription to the Service.
Prices may be revised or modified by HYPHEN-STAT on the anniversary date of subscription, subject to one month’s notice. During the month following this notification, the Customer will be able to cancel the contract.
17.2. Payment terms
Payment will be made by bank transfer, at the latest within 30 days of receipt of the corresponding invoice.
The Client will release himself from the sums due by making a payment by transfer to the bank account opened in the name of HYPHEN-STAT under the following references:
Bank name: TOULOUSE CROIX DE PIERRE
Bank code: 30004
Sort code: 01016
Account number: 00010087087
Key: 66
IBAN: FR76 3000 4010 1600 0100 8708 766
SWIFT: BNPAFRPPTLS
17.3. Late payment
Any delay or default in payment will give rise to the sending to the Customer of a notice by e-mail notifying him a period of 15 days after which, in the absence of regularization, access and use of the Platform and the Application will be suspended, and the contract will be terminated under the terms of Article 20.
In case of late payment, the sum due shall bear interest at twice the legal interest rate in force from the receipt of a demand and the customer will also be liable for the lump sum indemnity for recovery costs in the amount of 40 euros, in accordance with the provisions of the 12th paragraph of I of Article L.441-6 of the Commercial Code.
18.1. HYPHEN-STAT site and the Platform
HYPHEN-STAT is the owner or assignee of all the intellectual property rights in the brands, logos, graphics, photographs, animations, videos and texts, software and databases contained on the Platform and its Site.
In particular, the Customers is prohibited from modifying, copying, reproducing, downloading, broadcasting, extracting, transmitting, commercially exploiting and / or distributing in any way the Services, Platform website pages, or computer codes making up the Services and the Platform website.
18.2 The Application
HYPHEN-STAT declares that it has the full intellectual property rights of the Services offered through the Platform.
All the elements relating to the operation of the Services (in particular software, source codes, applications, …) remain the exclusive property of HYPHEN-STAT. The Customer shall not acquire any other right over these items than those expressly granted to him under these terms and conditions.
The Customer agrees, both on his own behalf and on behalf of his own customers and Users, in the same terms, not to impair, directly or indirectly, the interests of HYPHEN-STAT, whether moral or patrimonial. It shall not be permitted to make computer applications accessible via the Platform and their documentation available to third parties, directly or indirectly, in any capacity, in any form or for any reason whatsoever, except in the cases provided for to this contract.
It is strictly forbidden for the Customer to analyse, view or modify the configuration of the Platform, its structure and the files constituting it, or attempt to do so.
The rights of use granted to the Customer are strictly limited to access, display, printing, reproduction on all supports and use of the results of the Application, for personal and internal use. Any other use by the Customer is forbidden without the express authorization of HYPHEN-STAT.
18.3. Data base
Any extraction and / or reproduction of a substantial part of the information disseminated on the Platform and results displayed on the Platform is strictly prohibited.
However, the extraction and reproduction of the results displayed via the Platform in paper or computerized form is authorized for exclusively internal use, for the Client’s own needs and provided that it is clearly and precisely stated source.
The Client shall also refrain from unlocking software or database protection codes or decrypting access keys when such software or databases are equipped with an access or protection system.
Documents in electronic form, exchanged between the parties, shall be evidence provided that the person from whom they are issued, can be duly identified.
Computerized records kept in HYPHEN-STAT’s computer systems under reasonable conditions of safety shall be considered evidence of access to and use of the Services.
20.1. Immediate suspension
In the event of serious or renewed breach of the contractual provisions, HYPHEN-STAT may restrict, limit or suspend, ipso jure and without formalities, all or part of the Services in the event of any breach by the Customer of the contractual provisions.
HYPHEN-STAT may make the reinstatement of the Services conditional upon the effective implementation of appropriate measures to ensure any risk of perpetuation or repetition of the breaches which have led to the suspension.
20.2. Termination with notice
In the event of non-payment and non-regularization and after suspension of access to the Services, HYPHEN-STAT will terminate the contract after a formal notice sent by electronic means and / or registered letter with acknowledgment of receipt for 8 days.
In the event of a breach of the contractual provisions other than those mentioned above, HYPHEN-STAT will send a formal notice by electronic means for regularization by the Customer. In the absence of regularization within 15 days, HYPHEN-STAT will cancel the contract by registered letter with acknowledgment of receipt after giving 8 days notice.
Upon termination, HYPHEN-STAT will disable Customer’s access to the Services.
The Customer will have 15 days to request a copy of the Customer Account Data.
After this period and without express information from the customer, HYPHEN-STAT will proceed to the final erasure of all the Data of the Customer, without this giving rise to any compensation.
20.3. Executability of sums due under contract
In the event of termination of the Contract, the sums due by the Customer for the entire current contractual period will then be immediately due.
HYPHEN-STAT is authorized to use the name of the Customer and any other distinctive sign belonging to it as a commercial reference on all types of media and in particular, without this list being exhaustive, brochures, websites, shows, conferences , etc.
The Customer is prohibited from deleting or hiding the mention of ownership of the intellectual property rights appearing on the pages of the Application, such as in particular the words “Powered by HYPHEN-STAT”.
Initially, cases of force majeure notified by registered mail with acknowledgment of receipt to the other party, will suspend the performance of the Contract from its first presentation.
If the force majeure period has a duration of more than two months, the Contract will be automatically terminated.
Expressively, force majeure or unforeseeable circumstances, in addition to those usually adopted by the jurisprudence of French courts and tribunals, shall be considered as total or partial strikes, internal or external to the company, lock-outs, bad weather, epidemics, blockages of telecommunication means, blocking of means of transport or supply for whatever reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes.
The Customer shall not assign, transfer, delegate or terminate the rights and obligations under this Agreement, in any form whatsoever, to any third party, except with the prior written consent of HYPHEN-STAT.
Conversely, the contract may be transferred by HYPHEN-STAT at any time to any third party of its choice. HYPHEN-STAT will inform the Customer of this transfer.
In addition, HYPHEN-STAT is authorized to subcontract all or part of its services, but in any event, will remain responsible for their proper execution in respect of the Client.
The Contract, consisting of all the contractual documents, expresses the full obligations of the parties, in relation to its object.
The fact that one party tolerates a situation does not have the effect of granting the other party acquired rights; such tolerance cannot be interpreted as a waiver of the rights in question at a later stage.
If one or more of the provisions hereof are to be held to be invalid or declared to be invalid or unenforceable pursuant to any law, regulation, or as a result of a final decision of jurisdiction, the other provisions shall retain their full force and effect.
These general conditions and the sales and services they govern are subject to French law to the exclusion of any other legislation, regardless of the place of use of the Service. This is the case for substantive rules as well as for rules of form, regardless of where the Services are accessed and used.
In the event of a dispute arising in connection with the present general conditions and the services which they govern, both as regards their interpretation and their execution, and possibly after an attempt to find an amicable solution, exclusive competence is jurisdictions within the jurisdiction of the Court of Appeal of Toulouse, notwithstanding the plurality of defendants or third parties, even in the case of urgent or protective measures and enforcement measures.
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