Date of last update: 24/12/2020
Article 1 – LEGAL NOTICES
This site, accessible at the URL https://vizir.co (the “ Site “), is published by:
BENTHO, SAS with a capital of 10,309 euros, registered with the RCS of Lons Le Saunier under the number 810 689 000 00018 , whose registered office is located at 18 sur les prés d’Ilay, 39130, Le Frasnois , represented by Thomas Master duly authorized,
(Hereinafter referred to as the “ Provider ”).
The Operator’s individual VAT number is: FR77 810 689 000 .
The Site is hosted by OVH , located at 2 rue Kellermann – 59100 Roubaix – France .
The Publication Director of the Site is Benoit Guivarch .
The Service Provider’s customer service can be contacted:
Article 2 – SCOPE
The purpose of these general terms and conditions of service (the “ General Terms” ) is to define and govern the contractual relationship between the Service Provider and any professional (a “ Client “) who has created an account and wishes to benefit from the services offered on the Site.
The provision of the services offered to Customers on the Site is conditional on the prior acceptance without restriction or reservation of these General Conditions and on the signing of a service provision contract with the Service Provider (the “ Service Provision Contract “) .
The General Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in all documents issued by the Customer, and in particular in its general conditions of purchase.
The General Conditions are applicable subject to any stipulation to the contrary appearing in the Contract for the Provision of Services or to the special conditions, if any, concluded between the Service Provider and the Client concerned.
Article 3 – DESCRIPTION OF SERVICES
The purpose of the Site is the online provision of the following services:
Creation, distribution and management of conversational robots
(hereinafter referred to as the “ Services ”).
The Services presented on the Site are each the subject of a description mentioning their essential characteristics. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site.
Article 4 – CONDITIONS OF REGISTRATION
Any Customer wishing to fully benefit from the Site and the Services must:
have full capacity and act for strictly professional purposes;
create their personal space on the Site by filling in the various fields of the account creation form (name, RCS number, surname/first name of the referrer, e-mail address, telephone number, etc.);
confirm its acceptance of the General Conditions;
confirm their registration.
Access to the Services is possible from a computer, smartphone or tablet by connecting to the Site.
Use of the Services requires a broadband internet connection and mobile internet connection where applicable.
Customers are personally responsible for setting up the IT and telecommunications resources allowing access to the Site.
The Services are accessible for an unlimited number of connections.
When creating an account with e-mail, the Customer is invited to choose a password, which constitutes the guarantee of the confidentiality of the information which will be contained in his account.
For the purpose of validating the registration, the Service Provider sends the Customer a confirmation email to the email address provided by the latter. The Customer then activates his account by clicking on the hypertext link provided for this purpose in the confirmation email.
Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, undertakes to promptly notify the Service Provider of any subsequent modification and guarantees that the said information does not infringe the rights of third parties.
The Customer can modify his information, identifiers and password by logging into his account on the Site.
The Customer undertakes never to disclose or transfer his account, his identifiers and passwords to third parties and is solely responsible for their use until their deactivation. He must immediately inform the Service Provider of any loss or unauthorized use of his account.
The Service Provider reserves the right to delete the account of any Customer who has provided incorrect information, with a simple notification by e-mail.
Article 5 – ORDERS
Any Customer wishing to benefit from the Online Services on the Site must:
connect to their Customer account;
select the Services to which he wishes to subscribe;
fill in the various fields of the Customer order form (surname, first name, address, e-mail address, date of birth, telephone number, etc.);
confirm its acceptance of the General Conditions;
confirm its acceptance of the order for the Services;
choose your method of payment;
make payment for the Services.
Except as expressly provided on the Site, once the order has been validated, it becomes firm and final and can no longer be modified by the Customer.
Upon receipt of payment for the Services included in the order, the Service Provider will send the Customer an email confirming his order to the email address provided by the latter.
The order confirmation email summarizes the essential characteristics of the Service(s) ordered, the total price, and any other relevant element. This email will also indicate a tracking number for the Customer’s order.
By validating an order on the Site or through a signed purchase order or Quote, the Customer expressly accepts that the Service Provider sends him an invoice electronically. However, he may obtain a paper invoice by sending his request to customer service.
As part of the fight against fraud, the Service Provider or its payment or delivery service providers may request additional supporting documents from the Customer or contact him, at the time of acceptance and/or shipment of the ordered. In the event of the Customer’s unjustified refusal to provide the information and/or supporting documents requested, the Service Provider reserves the right not to accept or to cancel the order without this being the subject of any dispute.
The Service Provider also reserves the right not to accept or to cancel the order of any Customer who, without these conditions being cumulative:
would have provided erroneous information;
would not pay for the Services,
with whom there is a dispute relating to the payment of a previous order; Where
would present an abnormally high level of command.
Article 6 – PRICES CONDITIONS
The Services are provided at the Service Provider’s rate in effect appearing on the Site ( https://vizir.co/tarifs ) on the day of the order, expressed in euros excluding taxes.
The Services are invoiced and the price is due in full and payable in cash on the day of the order for the future contractual period.
The price is firm and cannot be revised during the period of performance of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.
However, the Service Provider reserves the right to change its price list at any time and to apply the price changes to the Services that would be subscribed by the Customer after the entry into force of the new price list.
Any price reductions, rebates and discounts may apply to the Services under the conditions provided on the Site or in any other document communicated to the Customer. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotion period.
In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without prior written agreement between the Service Provider and the Client. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a default of payment and will entail all the consequences of late payment.
Furthermore, it is expressly agreed that the Customer is validly put in default to pay by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right in particular, without any compensation being due to the Client, to:
demand the immediate payment of all sums due under the Services, these becoming immediately payable regardless of their originally scheduled due date;
refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of the commitments;
allocate any partial payment first to the non-privileged part of the debt and then to the sums which are due the earliest;
reduce, suspend or cancel access to the Services, 15 days after formal notice which has had no effect, issued by the Service Provider to the Client;
apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-10 of the Commercial Code; and or
demand the payment of a fixed indemnity of €40 for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums still due to him, without prejudice to the repair of any damage actually suffered .
Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
Article 7 – PAYMENT METHODS
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the provision of the Service ordered.
The Customer can pay for his order by bank transfer. When ordering, the Service Provider will communicate the details of the account to which the transfer will be made, as well as the order reference to be indicated in the transfer order.
If necessary, the order validated by the Customer will only be considered confirmed when the Service Provider has been able to ensure the validity of the payment.
Article 8 – OBLIGATIONS OF THE PROVIDER
The Service Provider undertakes to implement all the due diligence required for the performance of the Services and its obligations under these General Conditions and/or any other documentation which may be concluded with the Clients, in compliance with the legislative provisions and regulations and the rights of third parties.
The Service Provider declares that it has the skills, experience and means necessary to provide the Services, and assumes full responsibility both for the performance of the Services and for the organization of the work of its personnel, where applicable.
The Service Provider publishes the Services available on the Site and hosts the content of the Site put online by the Customers. The Service Provider acts as a technical service provider and does not carry out any checks on the legality, accuracy, quality or sincerity of the content put online by the Clients under their responsibility.
Consequently, the Customers acknowledge the Service Provider’s status as host of the Site within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
However, the Service Provider undertakes to promptly remove any manifestly illegal content that is brought to its attention, in particular when the existence of such content has been notified to it by a Client under the conditions provided for by the applicable regulations.
In addition, the Service Provider strives to ensure access to and proper functioning of the Site twenty-four hours a day, seven days a week.
The Service Provider cannot, however, exclude that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunctions of the Customers’ equipment or internet network, failure of telecommunications operators, interruption of electricity supply , abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Service Provider also reserves the right to make to the Site and the Services any modifications and improvements of its choice related to technical development or proper functioning.
General and temporary interruptions of the Site and the Services will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.
Article 9 – CUSTOMER OBLIGATIONS
Each Customer undertakes to access and use the Site and the Services fairly and in accordance with the laws in force and these General Conditions.
The data and information communicated or put online by the Customers must be exact, sincere and fair and will be communicated under their sole responsibility.
More generally, each Customer undertakes to:
ensure compliance, in all circumstances, with the legal, social, administrative and tax obligations applicable to his professional status;
not to modify, during the performance of the Services, their nature or their terms of supply, except with the prior written consent of the Service Provider;
pay the price of the Services under the conditions provided herein;
not to disseminate illegal content or content that has the effect of reducing, disorganizing, slowing down or interrupting the normal circulation of data on the Site;
immediately report to the Service Provider any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Site of which it becomes aware.
In the event that a Customer is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the offending Client.
Article 10 – COMPLAINTS
In the event of non-performance or defective performance of the Services, the Customer must notify the Service Provider and formulate his grievances and reservations within thirty (30) calendar days following the date on which he becomes aware of it, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Customer’s initial notification.
In the absence of an amicable settlement under the aforementioned conditions and in the event of gross negligence on the part of the Service Provider, the Customer may terminate the General Conditions under the conditions provided for in Article 17 and obtain, where applicable, damages from the Service Provider for the purpose of repairing the prejudice suffered, the Customer renouncing in advance to request a forced execution in kind of the Services by the Service Provider or a third party or a proportional reduction of the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.
Article 11 – RESPONSIBILITY OF THE PROVIDER
The Service Provider is bound by an obligation of means in respect of the provision of the Services.
Each Customer declares to be informed of the constraints and limits of Internet networks and may in no case hold the Service Provider liable for malfunctions in access to the Services, the speed of opening and consulting the pages of the Services, the temporary or permanent inaccessibility of the Services or fraudulent use by Customers or third parties of the Site.
The liability of the Service Provider cannot be engaged either:
in the event of breach of any obligation resulting from a fortuitous event or an event of force majeure within the meaning of article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, stoppages work, social unrest, factory closures, floods, fires, production or transport failure not due to his personal cause, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Company from perform its obligations properly;
in the event that the information, data, instructions, directives, materials or media communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the behavior, a breach or default by the Client;
in the event that certain services or functionalities are not accessible on the Site due to a deactivation by a Customer of cookies via the interface of the navigation software;
in the event that the functionalities of the Site prove to be incompatible with certain equipment and/or functionalities of a Customer’s computer equipment.
Each Customer is also responsible for the content and information imported, stored and/or published on the Site and undertakes not to use any technical measure likely to allow the circumvention of the technical protection measures put in place by the Service Provider with a view to to avoid any fraudulent use of the Site and the Services.
Each Customer also takes under his sole responsibility all the measures likely to ensure the integrity and the safeguard of all his data, files and documents and waives the search for the Service Provider’s liability in the event of damage to the data, files or any other document that he could have entrusted to the Service Provider in the context of the use of the Site and/or the Services.
More generally, each Customer also undertakes to guarantee to the Service Provider the absence of any complaint, claim, or opposition and more generally of any procedure which would be formed against it due to the use which would have been made by the Customer. of the Site or the Services.
In any event, the Service Provider incurs no liability for any indirect or immaterial damage or prejudice such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of exploitation, damage or commercial disturbance or image damage, which could result from the defective provision or the absence of provision of the Services.
The Service Provider’s liability may not exceed an amount equal to the price excluding tax collected from the Customer for the provision of the Services during the last twelve (12) months.
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Client against the Service Provider is reached by prescription at the expiration of a period of (3) years following the date on which the Client concerned had knowledge or is presumed to have had knowledge of the harmful event.
Article 12 – RECORDING SYSTEMS
The computerized registers, kept in the computer systems of the Service Provider and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Clients and the Service Provider. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the evidentiary value of the Site’s automatic recording systems and declares that they waive the right to contest them in the event of a dispute.
Article 13 – PERSONAL DATA
Article 14 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
In any case, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site cannot engage the responsibility of the Service Provider for any reason whatsoever and in particular as to the availability, content and products and/or services available on or from this third-party or partner site.
The Client is not authorized to create on a third-party site one or more hypertext links linking to the home page of the Site or to its profile page, except with the prior written authorization of the Service Provider.
Article 15 – INTELLECTUAL PROPERTY
The Service Provider is the sole owner of all the content present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the content of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorization of the Service Provider, and the Customer is solely responsible for any unauthorized use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools of data is strictly prohibited for Customers.
However, the Service Provider grants to Customers, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Site of which it holds full ownership, to download and print them in the for personal, non-commercial use.
Conversely, each Client expressly authorizes the Service Provider to reproduce, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the Site, by any means or process, for purposes of operation, improvement, verification, promotion, marketing, advertising of the Site or as part of the establishment of partnerships. This non-exclusive, transferable and sublicensable license is valid worldwide, royalty-free, for the duration of the Customer’s registration or until the content is deleted from his account.
Article 16 – DURATION – SUSPENSION – TERMINATION
Ihese General Conditions are concluded for an initial period of 1 year. In the absence of denunciation of these General Conditions within a period of 2 months preceding the end of this initial duration, the provision of the Services and the General Conditions are tacitly renewed for a new period of a duration equivalent to the initial duration, at the tariff conditions in force on the date of renewal.
The Service Provider reserves the right to suspend a Customer’s access to the Site and the Services permanently or temporarily, in the event of breach by the said Customer of its obligations resulting from these General Conditions.
Article 17 – CONFIDENTIALITY
During the term hereof, each party may become aware of or receive confidential information, documents and/or data about the other party. As a result, each party undertakes, both in its own name and in the name of its employees for whom it is acting strongly, to preserve the strict confidentiality of all confidential information, documents and/or data of any kind in connection with the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the contractual relations established.
This confidentiality agreement of the parties is valid both for the duration hereof and for a period of two (2) years following their expiration or termination.
Article 18 – NOTICES
Any written notification or summons required or permitted under the stipulations hereof will be validly given if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in the event of termination of the present), sent to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of a party for the purposes hereof must be notified to the other party in the manner provided above.
Notifications sent by hand or by hand will be presumed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be deemed to have been made on the date of their first presentation to the recipient’s address. Notifications made by email will be deemed to have been made on the date the email is sent.
Article 19 – AUTONOMY AND ABSENCE OF WAIVER
If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be in writing and the other stipulations would remain in force.
The fact that the Service Provider does not take advantage, temporarily or permanently, of one or more stipulations of the General Terms and Conditions shall in no case constitute a waiver.
Article 20 – MODIFICATION
The Service Provider reserves the right to modify at any time and without notice the content or location of the Site, the Services and these General Conditions.
Any use of the Site or the Services following a modification made to the General Conditions will imply acceptance by each Customer of the said modifications. The most recent and current version of the General Conditions will always be available at the following address: https://vizir.co/conditions-generales .
When the modifications made to the General Conditions are considered by the Customers to be substantial, these will be brought to the attention of the Customers by e-mail and must be accepted by them when they next connect to the Site.
Article 21 – DISPUTES
Disputes that may arise in the context of the contractual relationship established between the Client and the Service Provider must be resolved, as far as possible, amicably.
In the absence of an amicable settlement within a period of three months from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences. , will be submitted to the court of Lons Le Saunier.
Article 22 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the resulting operations are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.