General terms of use and of sale

1. Purpose

These general terms (the “Terms”) govern access to and use of the customer relationship management (CRM) software provided as a SaaS (Software as a Service) offering by Grégory DURAND — ECOM-INDUSTRIE (the “Publisher”) to its business customers (the “Customer”). Subscribing to the Service constitutes full and unreserved acceptance of these Terms.

2. Description of the Service

The Service is delivered on a single-tenant architecture: each Customer has a dedicated application instance and database, hosted with the Publisher's hosting provider (see legal notice). The features available depend on the plan subscribed to (see the price list provided to the Customer) and can be enabled individually by the Publisher (Settings > Modules and Settings > Licence).

3. Subscription, term and pricing

• The subscription is taken out for an initial term of twelve (12) months, thereafter renewable by automatic (tacit) renewal for successive twelve (12)-month periods, unless terminated under the conditions of article 9.
• The applicable price is the one communicated to the Customer at the time of subscription, expressed per active user, per year, excluding taxes. The Service is reserved for business customers; there is no monthly subscription.
• The number of users and the active modules are set by the licence attached to the instance (Settings > Licence), in accordance with the plan subscribed to.
• Any price change is notified to the Customer with 30 days' notice before it takes effect.
• Additional services — the subscription price does not include: user training sessions (optional), the migration and integration of the Customer's historical databases, bespoke tool development, or any other service outside the standard subscription. These services are provided at the Customer's request and are quoted separately. They are only invoiced once the Customer has expressly accepted the quote, and are then added to the current subscription amount without changing its term or conditions.

4. Payment terms

All amounts are due at subscription and then at each renewal date — no payment terms are granted.

• Annual payment by bank transfer, the only arrangement — the full year is paid in one instalment, by bank transfer, against an invoice. Annual payment entitles the Customer to a discount of two (2) months: twelve (12) months of access for the price of ten (10). The annual period, and each renewal, takes effect on receipt of payment. Payment by card is not offered for this Service.
• Subscription process — the subscription is formalised by a named quote, then, following the Customer's acceptance or purchase order, by an invoice paid by bank transfer. Access is opened on receipt of payment.
• Non-payment — failing payment on the due date, the Publisher notifies the Customer; without regularisation within 8 days, write access to the Service may be suspended (read-only, without deletion of data) until the situation is regularised.
• Adding users mid-term — the Customer may increase the number of users on its licence at any time. Added users give rise to a supplementary invoice calculated pro rata temporis for the period remaining until the annual renewal date, due upon addition; at renewal, invoicing resumes for all active users.

Renewal of the licence (expiry date, Settings > Licence) is carried out by the Publisher upon receipt of payment.

Under applicable French commercial law, any invoiced amount left unpaid when due automatically incurs, without prior formal notice, an indemnity calculated at three times the statutory interest rate in force, together with a flat-rate collection cost indemnity of €40. No discount is granted for early payment.

5. Customer obligations

• Keep its users' sign-in credentials confidential.
• Use the Service for its intended purpose and in accordance with applicable regulations (in particular the GDPR as regards the data of its own customers and prospects — see the DPA).
• Inform the people whose calls are recorded when the telephony module is active (see the privacy policy, section 5).
• Not exceed the number of users allowed by its licence without upgrading first.

6. Availability and maintenance

The Publisher endeavours to keep the Service available 99% of the time, measured on a rolling twelve (12)-month basis, excluding scheduled maintenance (notified to the Customer with reasonable notice) and incidents attributable to the hosting provider. Automatic daily backups are performed; in the event of a major incident, the Publisher will restore them within a reasonable time.

7. Ownership of data

Data entered by the Customer while using the Service remains its exclusive property. The Customer may at any time request an export of its data (common formats: CSV, PDF). On termination, see the return/deletion arrangements in section 9.

8. Liability

The Publisher shall not be held liable for indirect damage (loss of revenue, commercial prejudice) arising from the use of, or inability to use, the Service, nor for the Customer's own use of the Service, its own credentials, or the data it chooses to enter or import into it (see the Customer's obligations, article 5).

As regards the security of the Service itself, the Publisher is bound by a best-efforts obligation: it implements the technical and organisational measures described in the data processing agreement (DPA), and notifies the Customer of any data breach within the time frames set out there. This best-efforts obligation is not a guarantee of a breach-free outcome.

In all cases, the Publisher's liability, where established, is limited to the amounts paid by the Customer in respect of the last twelve (12) months of subscription.

9. Termination

Either party may terminate the subscription with one (1) month's notice before the end of the current term. On termination:

1. Write access is suspended (licence not renewed); data remains readable for a grace period of 30 days.
2. The Customer may request a full export of its data during that period.
3. After that period, the data is permanently deleted (database and backups), unless a legal retention obligation provides otherwise.

10. Governing law and disputes

These Terms are governed by French law. Failing an amicable settlement, any dispute falls within the jurisdiction of the courts having jurisdiction over the Publisher's registered office.

11. Language

These Terms were drawn up in French. This English version is a courtesy translation. In the event of any discrepancy between the two versions, the French version shall prevail.