General Selling Conditions
RSS Monitoring Competitive Intelligence Solution & Services
All terms below are defined and presented in accordance with Articles L.441-6 and L.442-6-I-9 code specific to trade relations between professionals.
The company VIEDOC, registered under Versailles 478 717 226 and whose headquarter office is located at number 2, rue Hélène Boucher 78280 Guyancourt (France), hereinafter referred to as "VIEDOC", provides an information service (hereinafter "RSS Monitoring" accessible upon subscription from the following website www.rss-monitoring.com).
This service is subject to these terms and conditions of sale and use. RSS Monitoring is provided by VIEDOC which may subcontract all or part of the service. The customer / subscriber hereinafter referred as the "Client" and signing the order (or contract) in accepting all the terms and conditions of sale and use acknowledges having read them and renounces to invoke any contradictory document, including its own general purchasing conditions.
VIEDOC reserves the right to modify at any time, all or part of these terms and conditions. It is therefore implied that the Client must regularly consult the latest version of the Terms & Conditions of Sale and Use and the disclaimer accessible from the www.rss-monitoring.com website. The Client is deemed to accept the latest versions at each new connection to RSS Monitoring.
The use of RSS Monitoring implies unconditional acceptance by any user and the Client of all the terms contained in these terms & conditions. If you have any questions that our website does not answer, or if you do not accept these terms & conditions, please write to us at the following address: info(at)viedoc.biz
In case of non-compliance by the Client of these terms & Conditions, VIEDOC may stop access to RSS Monitoring under the terms defined in Article 6, "Termination of services."
2. Obligations of the Client
The Client acknowledges that RSS Monitoring has been developed in SaaS (Software as a Service) mode and is only accessible through the Internet, and that he must beforehand contract with an Internet service provider.
The Client acknowledges that under the present conditions, he has the right to access and consult RSS Monitoring for his own use and needs. The Client therefore agrees not to sell or transfer this right to anyone and in any case. More specifically, and without being exhaustive, the Client agrees:
a) Not to extract, by permanent or temporary transfer all or part of the data provided under the Contract to another medium by any means or in any form whatsoever;
b) Not to allow the use, by making all or part of the data available, in whatever form, to subsidiaries, branches, offices, subcontractors or contractors, other than those specified in the Contract and, in particular, not to store the data on a server;
c) Not to extract or reuse in a repeated and systematic way qualitative or quantitative parts of the database when these operations clearly exceed normal conditions of use of the Service;
d) Not to sell, lend or lease data.
The Client vouches that all users, namely persons employed by himself or under his control and using RSS Monitoring, comply with this clause. Any changes in the operating conditions must be expressly authorized by VIEDOC. This contract will be automatically terminated in the event of non-compliance of any of the provisions of this article. VIEDOC will then retain any amounts received for the current year.
The Client also acknowledges that the development of RSS Monitoring and all the features enabling the operation of the service has needed time, substantial
investment and considerable resources from VIEDOC and that RSS Monitoring is therefore confidential.
The Client is not permitted to obtain or use the source code and is not allowed to translate, do reverse engineering, decompose, decompile source code or try by any other means to make a derivative product or service form source codes used by RSS Monitoring.
The Client further undertakes to provide VIEDOC with true, accurate, up to date and complete information necessary for the execution of RSS Monitoring.
The Client shall pay all the expenses and charges in accordance with the order form and the contract.
3. Terms of Access
The Client has access to RSS Monitoring from its own micro-computers. This access is subject to a registration procedure which issues access codes. The Client specifies which users, namely persons employed by him or under his control, authorized to use RSS Monitoring.
The Client undertakes to keep and make keep secret all access codes issued by VIEDOC to access RSS Monitoring. Access codes consist of a username (email address) and a password, both personal and confidential. Their use shall not be transferred to a third party for any reason whatsoever. The User is fully responsible for their conservation and agrees not to disclose them and not to make use of other user’s codes. Therefore, the Client shall not disclose to any third party, including other members of its staff, any of the access codes supplied by VIEDOC.
In case of loss or theft of access codes, the Client agrees to inform VIEDOC without delay. In return, VIEDOC will assign new codes to the Client as soon as possible. Access codes may be changed at any time by VIEDOC, who shall then notify the Client prior to the change by any suitable means.
In case of breach of the obligation to retain access codes confidential, VIEDOC reserves the right to terminate the contract, without prior notice. VIEDOC will then keep the money collected for the current year.
4. Prices & Payments
Prices are quoted in Euros ex VAT. We reserve the right to modify prices at any time. However products and services are billed based on rates in effect at the time of placing the order.
Unless otherwise stated, the fee paid by the Client to use RSS Monitoring is determined by the number of users and selected options. The Client may choose to change the number of users in accordance with current commercial offerings.
The Contract must be confirmed in writing with an order form signed by the Client. The agreement is subject to the payment of the total price and for the duration as defined in the Contract. Orders are only payable in Euro. Details of the subscription and prices are detailed in the commercial documents.
Unless otherwise stated, the Client is required to pay VIEDOC the total amount of the order within thirty (30) days starting from the end of the month following the date of the invoice. Payment may be by check or bank transfer.
In the event of default of payment under the terms agreed, VIEDOC reserves the right to apply penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing plus 10 points. The penalties shall be due without any reminder as stipulated in Article L.441-6 of the Commercial Code. No discount will be given for early payment.
Any professional in a situation of late payment is now right debtor to the creditor a lump sum of € 40 for collection costs, in addition to delay damages.
(According to the recent implementation decree n ° 2012-1115 of October 2, 2012 Law No. 2012-387 of 22 March 2012 on the simplification of the law and the reduction of administrative procedures, which transposes the European Directive No 2011/7/UE of 16 February 2011 on the fight against late payment in commercial transactions). Act No. 92-442 of 31 December 1992 says that any amount not paid within 30 days is likely to bear interest at a rate equal to one and a half times the legal rate of interest.
5. Duration & Termination of Contract
Unless otherwise agreed, the Contract is concluded for an initial period of twelve (12) months from the first day of the provision of access codes ("Anniversary date"). The Contract shall be automatically renewed for an equal time period of twelve (12) months, unless terminated by one or both parties.
VIEDOC will send the Client a maturity notice including the rates for the new period at least two (2) months before the anniversary date. Customer should inform VIEDOC of the number of users for this new period.
Termination of contract by the Client shall be effected by sending a registered letter with acknowledgment of receipt at least one (1) month prior to the anniversary date of the subscription. In the absence of termination within the time allowed, the Client is deemed to have accepted the new tariff conditions.
6. Cessation of Service
Any breach by either party of the obligations imposed by these conditions is cause for termination for the other party. In addition, termination may intervene in case of act by the Client which might prejudice VIEDOC.
It will be the same in case of non-payment at maturity of all amounts owed by the Client to VIEDOC. In the latter case, the unpaid amounts will automatically bear interest at a rate equal to three (3) times the legal interest rate in effect on the day following the expiry date of the amount due and until full payment. The contract between the Client and VIEDOC will be then terminated at the expiration of a period of five (5) working days after receipt of a notice by registered letter with acknowledgment remained without effect.
Notwithstanding the preceding paragraph, the contract may be terminated as of right by VIEDOC in the event of breach of contract and in case of non-compliance without any other formality than sending the Client an e-mail
Upon termination attributable to the Client, VIEDOC will retain all monies paid by the Client as a lump sum indemnity to compensate the loss of earnings, without prejudice to any additional damages. The Client further acknowledges and accepts that upon termination of the contract for one of the causes mentioned above, its computer data will be permanently deleted from the server hosting RSS Monitoring Website.
7. Intellectual Property Rights
RSS Monitoring is a registered trademark of VIEDOC. The availability of the functionality of RSS Monitoring does not constitute assignment of rights on that service or any of its components or the associated documentation.
The Client undertakes not to infringe, directly or indirectly, or through third parties, on VIEDOC’s rights regarding software and services provided. In particular, the Client shall refrain from any adaptation, modification, alteration, decompilation or functional analysis of RSS Monitoring, for any reason whatsoever.
Any full or partial reproduction of the website www.rss-monitoring.com and related free- or pay- services, for any purpose other than private is strictly prohibited and subject to civil and criminal prosecution.
The service provided by RSS Monitoring identifies and secures a path between a source of information and the Client. Thus, RSS Monitoring centralized, lists and provides the Client with data of which VIEDOC is neither the author nor the publisher.
VIEDOC ensures compliance with the regulations on intellectual property rights. As such, all texts, files, graphics and other data available to the Client through the RSS Monitoring is provided without their content be modified in any way whatsoever. These data should only be reserved for private use. They should not be used for commercial purposes. They cannot be modified, reproduced or used in a way that would affect the rights of the author and / or harm VIEDOC, except to incur the complaints of infringement and / or unfair competition.
RSS Monitoring do not distort any content but indicates the existence of Internet pages adding value to it: characterization and description of the source of information, statistical analysis, annotation, comments...
To improve access to data, RSS Monitoring may offer the Client and its users short citations of articles to which they are invited to refer. External sites and links to access data are not under the control of VIEDOC which cannot therefore be held responsible for their contents or their malfunctions.
The responsibility of VIEDOC cannot therefore be taken for the information contents transmitted by RSS Monitoring or for the websites and external links towards which users can be directed during their searches. Using RSS Monitoring in no way dispenses the Client to pay fees associated with accessing some of the content provided by these sources.
The use of documentary sources, in particular contents on the Internet is governed by Articles L.111 of the Code of Intellectual Property. In particular:
* Under Article L.112-1, works are generally protected by copyright, regardless of their use.
* Under Article L.122-5 (paragraphs 2 and 3), are only authorized copies or reproductions strictly reserved for private use and not intended for collective use, as well as analyzes and short quotations for the purposes of example and illustration.
* Under Article L.122-4, any representation or reproduction in whole or in part of a document without the consent of its assigns shall be unlawful.
In other words, the Intellectual Property Code prohibits any representation or reproduction in whole or in part, without the consent of the author or his assigns. Only "analyzes and short citations" are permitted, subject to the indication of the name of the author and source. It is therefore the responsibility of the Client and the users to ensure they are in full compliance with the law, and in particular to ensure that they respect the diffusion rules imposed by the assigns of these information sources.
The Client agrees to the characteristics and limitations of the Internet, and in particular recognizes that:
- RSS Monitoring is a service on the Internet provided using a connection between a Client’s computer and a server belonging to a technical service provider;
- the contents of the information sources accessible through RSS Monitoring are the sole responsibility of their authors and in no way commit VIEDOC;
- VIEDOC has no way of controlling the contents available on the Internet;
- VIEDOC assumes no liability for services accessible via the Internet and has no control, in any form whatsoever, over the nature or the features of data that may transit through their server;
- VIEDOC cannot be held liable to the Client for indirect or unforeseeable loss that may result from sources or related information accessible on the internet or requested through the use of RSS Monitoring.
- It is up to the Client to take all appropriate measures to protect its own data and / or software from contamination by viruses;
VIEDOC may not be sought for damage caused by an interruption independent of the will of one and / or both of the parties, i.e. exceptional weather, floods, power cuts, water shortages, riots, war, terrorist attacks, failure of telecommunication providers, malicious act, prohibitions or restrictions imposed by public authorities, force majeure or fortuitous event within the meaning of the law that may affect the performance of the contract.
In any event, VIEDOC’s liability shall be limited to total sums actually received in the execution of the agreement.
10. Service Maintenance
For maintenance reasons, VIEDOC may have to interrupt all or part of the service. In that case VIEDOC agrees that this interruption shall not exceed 72 hours per month. Therefore, the Customer agrees not to put the responsibility VIEDOC at stake for the interruption.
11. Force Majeure
If, as a result of force majeure, VIEDOC can no longer provide its services, the execution of this Contract shall be suspended during the time VIEDOC is unable to meet its obligations.
When the effect of the impediment caused by the force majeure has ceased, the obligations of this contract resume for the remainder of the term at the time of the suspension.
The parties agree that should be considered as force majeure, to the exclusion of any other event:
- Wars, riots, acts of piracy and explosions
- Natural disasters, requisitions or legislative provisions providing restrictions on the exercise of the activity of VIEDOC
- Any disruption to the telephone network or the Internet beyond the control of VIEDOC
- And generally, any unforeseeable or irresistible event foreign to parties.
12. Customer References
During the contract period and renewals thereof, the Client expressly authorizes VIEDOC to reveal its corporate name and / or brands with their logo on the home page of the website "RSS Monitoring", as well as on commercial documents in order to appear amongst the partners who trusted and used services provided by VIEDOC.
The personal data requested in the context of the use of RSS Monitoring are mandatory, as this information is required for its use, processing and delivery as well as for issuing invoices
Under the Data Protection Act of 6 January 1978, users have a right of access, rectification and opposition of all personal data they have made known to VIEDOC. They may exercise their rights by sending an email to the following address: info(at)viedoc.biz
14. Applicable Law & Competent Courts
These Terms & Conditions of Use for RSS Monitoring are governed by French law, to the exclusion of any other legislation. The fact that any of these conditions may not be used at any given time cannot be interpreted as a waiver to enforce them. In case any of these conditions be declared void or contrary to public policy provision, it shall be deemed unwritten and the other provisions
When drafting these terms in several languages or in case of translation, the French version shall prevail between the parties.
Any disputes or difficulties over any claims against the Client and related to the interpretation or execution of these Terms & Conditions will be, in the absence of agreement, under the exclusive competence of the Tribunal ruling VIEDOC’s headquarter.