Terms of Service CloudNetCare (www.CloudNetCare.com)
Applicable from 01/06/2011
The original publication of this Terms of Service is writen in French language.
This version is a translation.
If in doubt, refer to the original version which is the only legitimate one.
ARTICLE 1. LEGAL INFORMATION
1.1 Publisher You are currently viewing the website www.cloudnetcare.com,
published by the company NLiiVE, SAS
Capital € 20,000, RCS Nanterre: 518569736,
Registered Office: 8 rue Racine 92500 Rueil-Malmaison,
VAT No.: FR 375518569736
Tel: +33 01-75-61-03-14
email:
contact@nliive.com
1.2 hosting The Website is hosted in Microsoft Windows Azure Cloud
1.3 Illegal content Any Internet user can report a content that it considers
illegal by sending an email to support@cloudnetcare.com. Any incomplete notice
or do not meet the conditions imposed by Section 6-1-5 of the Act on Confidence
in the Digital Economy of 21 June 2004 will not be considered valid. Any notice
abuse may engage the responsibility of the author, and is particularly liable to
imprisonment for one year and fined 15,000 euros under Article 6-I-4 of the Act.
ARTICLE 2. DEFINITION "Customer": Any person or entity, private law or public
law, registered on the site. "Data": Information and data of any kind used or
created by Customer under the Service and that the Customer is and remains the
holder. "Internet User": Any person or entity, private law or public law,
connecting to the Site. "License SAAS" Stipulation the software usage of the
benefit of the Client. "Software": A computer program made available to the
Customer under the terms of the SAAS License . "Service": Operational functions
of remote access software available to the Customer under this contract. "Site"
Web site accessible at the URL www.cloudnetcare.com and sub-sites, mirror sites,
portal and URL changes thereto.
ARTICLE 3. SCOPE The site is free access to any
Internet user. Navigation on the site implies the acceptance by any Internet
user of these terms. The simple connection to the site will carry full
acceptance of these terms. When registering on the Site, this acceptance will be
confirmed by the fact check the box corresponding to the following sentence: "I
have read and accepted the terms and conditions." The Internet User recognizes
to have read, understood and accept the terms without restriction. Ticking the
box mentioned above will be deemed to have the same value as a handwritten
signature from the Client. These general conditions apply to the relations
between the parties to the exclusion of all other conditions, including those of
the Client. The acceptance of these terms implies that Internet users have the
legal capacity to do so, or if they have permission from a guardian or trustee
if they are unable , their legal representatives if they are minors, or they
hold a warrant if they act on behalf of a corporation.
ARTICLE 4. ORDER STEP
4.1
Choice of Software To place an order, users can select one or more software on
the site. Characteristics, means of access and duration of subscription to the
Service are set forth on the Site at the date of order.
4.2 Validation of the
order by the Internet If they control their convenience, users can validate it.
They then accesses a form on which they can either enter their login credentials
if they already have, or register on the Site by completing the registration
form with personal information about them.
4.3 Payment by the Customer When they
are connected or after they have fully completed the registration form,
customers will be invited to make their payment being redirected if the secure
payment interface.
4.4 Confirmation of the order by NLiive At the same time,
NLiive Client agrees to send an email summary of the order and confirming him in
treatment, containing all the information relating thereto.
ARTICLE 5. SERVICE
5.1 Obligations of NLiive
5.1.1 Access Service NLiive agrees that the Client can
connect to the Services at any time, excluding periods of maintenance. Access to
the Service is using the username and password you assigned to the Customer or
when subscribing to the Service. The password is the guarantee of
confidentiality of information in personal space. Customer agrees not to
disclose to third parties the information about its username and password. The
Customer acknowledges these terms have the sole responsibility of the user IDs
and passwords, and assume all the consequences of illegal or fraudulent use of
them. In case of loss of password, the Customer undertakes to inform NLiive
writing immediately.
5.1.3 SAAS License The Customer agrees NLiive,
non-exclusive, with all the guarantees of law and fact, an end user license
agreement concerning the Software or the Service objects. The license is granted
for the world and for all languages. The license only covers the right to use
the software remotely, with the exception of:
• Any reproduction of permanently
or temporarily made available the Software, in whole or in part, by any means
and in any form, including during loading, displaying, running the Software;
•
Any representation, even partial, of the Software, including by way of online
communications to the public or public screenings;
• Any translation,
adaptation, arrangement or modification of the Software and any export or merge
it with other applications. The rights to use the Software are personal and not
transferable. They are valid for one user.
5.1.4 Application maintenance NLiive
agrees to correct promptly upon receipt of report, any anomaly of any kind
(blocking, blocking and minor semi) and propose a workaround in case of
malfunction persistent.
5.1.5 Technical assistance NLiive makes available to
Customer free technical support via email at: support@cloudnetcare.com or by
post to: 8 rue Racine 92500 Rueil-Malmaison.
5.2 Obligation of the Customer The
customer claims to have learned prior to the signing of this Agreement, the
technical characteristics of the Software License and Service. The Client
declares to have the necessary equipment and ideal access to use the Software
and Remote Data. It is stated that the price of the Service does not include the
cost of telecommunications and Internet access, which remain the responsibility
of the Customer. The Customer undertakes to use the information on the Service
made available for its own needs or those of its structure and contracting
exclusively for the purposes referred to in this contract. The Client also
agrees not to interfere with or disrupt the Services and servers NLiive and
comply with any requirements, procedures, general rules that are provided by
NLiive for the successful implementation of software solutions. The Customer
agrees not to use the service available for an illegal purpose, such as, without
this list is not exhaustive, send spam / unsolicited emails, make false,
violating the security of systems or networks , store or transfer documents that
are obscene, libelous, pornographic or profane, and violate the rights of third
parties. The validation of the presence of a CloudNetCare control file deposed
by the customer at the site root test is a conclusive evidence that the site to
be tested is the sole responsibility of the customer. The customer will be held
fully accountable for his use of the product, especially during a test of
scalability that could be equated with a denial of service. The Customer
undertakes to provide nLiiVE all means and information to facilitate the
execution of maintenance services. The identification by nLiiVE of errors is
subject to disclosure by the Customer of documents, information and existing
elements necessary for the proper understanding of the problem. The Customer
agrees to comply with the normal use of "Product" and the recommendations of
nLiiVE. The Customer must comply with the specifications recommended by nLiiVE,
so that requests for intervention are not caused by an environment not comply
with those specifications. The Customer shall undertake any operation which
directly or indirectly block or slow operations support service without prior
agreement nLiiVE. The Customer agrees to maintain or to properly maintain the
equipment on which the "Product" is installed . The Customer remains solely
responsible for the security of its information and not disclose such
information except to the extent necessary to perform the Services contemplated
in this contract by nLiiVE. The Client is fully aware that the Services require
constant and active cooperation with nLiiVE. It is further understood between
the parties that under no circumstances nLiiVE not be held responsible for the
loss or damage of any information, programs, files or databases resulting from
the intervention of Maintenance Services.
ARTICLE 6. PERSONAL SPACE
6.1 Creating
personal space Creating a personal space is a prerequisite to any order from a
user on the site. To this end, the Internet user will be asked to provide
certain personal information. Some of this information is deemed essential to
the creation of personal space. The refusal by an Internet user to provide such
information will preclude the creation of personal space and, incidentally, the
validation of the order. The Customer undertakes to conduct a regular audit of
data concerning him and to make online, from his personal space, with updates
and modifications.
6.2 Closing of personal space Yes, provided The Customer has
the ability to close his personal space at any time by following the procedure
provided for this purpose. NLiiVE reserves the right to close the personal space
of any client who commits a serious breach of these terms. If the Customer has
subscribed to a subscription for prolonged access to the Service, the closing of
the personal space leads to the loss of access rights to the Service without the
Customer can request a refund of the price paid for the subscription. Such
removal shall not be liable to constitute a lack of NLiiVE or damage to the
Customer excluded, which can not claim any compensation as a result. This
exclusion shall not prejudice the possibility for NLiiVE, to initiate
prosecution of a judicial nature against the Customer, when the facts have
warranted.
ARTICLE 7. PRICE - PAYMENT
7.1 Price Fees are those displayed on the
Site at the date of order. These prices are subject to change at any time by
NLiiVE. Prices shown are valid on the day of the order and do not effect the
future. The prices listed on the site agreed in dollars, excluding taxes and
shipping costs.
7.2 Arrangements for payment The customer makes his payment by
credit card. The credit card payments are done through secure transactions
provided by the Banque Populaire. As part of the credit card payments, NLiiVE
has access to any data relating to payment of the Customer. Payment is made
directly into the hands of the bank.
7.3 Billing plan from the first payment
NLiiVE or will send the Customer an invoice electronically after each payment.
The Customer expressly agrees to receive invoices electronically.
ARTICLE 8.
CONSUMER RIGHTS
8.1 Right of withdrawal In accordance with the law, the consumer
has within seven days to exercise his right of withdrawal without any reasons or
incurring penalties, except, where applicable, the cost of return. The consumer
may waive this deadline in case he could not move simultaneously and where he
needs to call an immediate service and necessary living conditions. In this
case, it would continue to exercise his right of withdrawal without any reasons
or incurring penalties. The period mentioned in the preceding paragraph shall
run from the receipt for the goods or the acceptance of the offer for services.
When the seven-day period expires on a Saturday, Sunday or a holiday day, it is
extended until the next business day. When the right of withdrawal is exercised,
the trader shall reimburse the consumer of all sums paid as soon as possible and
no later than within thirty days from the date on which this right has been
exercised. In addition, the amount due is, of right, bear interest at the legal
rate in force. This reimbursement shall be made by any form of payment. On the
proposal of business, the consumer who has exercised his right of withdrawal,
however, can opt for another method of reimbursement. The right of withdrawal
may be exercised for contracts to supply services if performance has begun
before the deadline of seven days.
8.3 Termination of the contract on the
initiative of the consumer The consumer may cancel the contract with NLiiVE by
registered letter with return receipt for exceeding the date of delivery of the
goods or performance of the service exceeding seven days. Consumers will be
reimbursed for amounts incurred by him in the order. This clause is not
applicable if the delay is due to force majeure. In such cases, the consumer
agrees not to exercise any prosecution of NLiiVE and waives the cancellation of
the sale under this section.
ARTICLE 9. NEWSLETTER NLIIVE By checking the box
provided for that purpose or by giving their express agreement to that end,
Internet users agree that NLiiVE can send them at a frequency and format of its
choosing, a newsletter (newsletter) which may include information about its
business. When the user checks the box provided for that purpose, he agreed to
receive commercial offers from NLiiVE for products and services similar to those
presented on the Site. Internet users Subscribers have the option to unsubscribe
from the newsletter by clicking the link provided for this purpose, present in
each of the newsletters.
ARTICLE 10. DATA PROTECTION
10.1 CNIL - Responsible for
processing NLiiVE file containing the personal data of Internet users and
customers has been declared to the CNIL registered under number 1509322. The
controller is Mr Jean-Baptiste Marce, domiciled in that capacity at the
headquarters of NLiiVE. 10.2 Optional character of the provision of data
Internet users have the option of providing free personal information about
them. Providing personal information is not required for browsing the site. 10.3
Provision of data for the mandatory registration However, registering on this
site involves the collection NLiiVE by a number of Internet users personal
information. Internet users do not wish to provide the information required for
registration will not be able to order on this Site. 10.4 Compliance with the
aim of the collection of personal data Personal data collected shall be
processed electronically, and are reserved exclusively NLiiVE. The data
collected are necessary for the proper administration of the Site, and respect
its contractual obligations by NLiiVE. This data is stored by NLiiVE in this
unique quality. NLiiVE will not be used in another context or pass them on to
third parties, except express consent of clients or cases provided by law.
Personal data collected are not subject to any transfer abroad. 10.5 Right of
access, rectification and opposition Contact information for all registered
customers on this site are stored for a period of one year duration is
reasonable for the proper administration of the site and normal use of the data.
These data are kept under secure conditions, according to the current means of
the technique, in accordance with the provisions of the Data Protection Act of 6
January 1978. According to the latter, customers have a right to object, query,
access and correction of the data they provided. To do this, they just need to
apply to NLiiVE in the formula to the following address:
support@cloudnetcare.com, or by mail to the address of the head of NLiiVE
mentioned in Article 1 of these terms.
ARTICLE 11. COOKIES AND IP ADDRESS OF INTERNET USERS
11.1.1 Subject to the installation of cookies To allow all
Internet users an optimal navigation on this site and better functioning of the
various interfaces and applications, NLiiVE may proceed with the installation of
a cookie on the computer terminal of the Internet user.
11.1.2 Purpose of
Cookies Cookies can store information relating to navigation on the site (date,
page, hours) as well as any data entered by Internet users during their visit
(search, login, email, password). These cookies are meant to be kept on the
workstation of the Internet for varying periods up to six months and may be read
and used by NLiiVE during a subsequent visit of the Internet on this site.
11.1.3 Faculty of opposition of the Internet to the installation of cookies The
Internet user has the ability to block, modify the retention period, or delete
these cookies via their browser interface (usually: tools or options / privacy
or confidentiality). In this case, browsing through this site will not be
optimized. If disabling cookies on the systematic of the Internet browser
prevents it from using certain Services, this malfunction can not in any way
constitute a harm to the customer who can not claim any compensation as a
result.
11.1.4 Deleting cookies implanted Internet users also have the option to
delete cookies located on their computer by going to the menu of their browser
for this purpose (usually tools or options / privacy or confidentiality). Such
action would lose the benefit provided to Internet users through cookies.
ARTICLE 12. LIABILITY NLIIVE
12.1 Nature of Obligations of NLiiVE NLiiVE provide
the care in providing quality service meets the specifications of these Terms.
NLiiVE responds only to an obligation of means regarding the Service subject
matter.
12.2 Force Majeure - In the absence of the Customer NLiiVE will not be
liable in cases of force majeure or fault of Customer, as defined in this
section:
12.2.1 Force majeure The meaning of these terms and conditions will be
considered a force majeure enforceable against the Client an impediment,
limitation or disruption of service due to fire, epidemic, explosion,
earthquake, fluctuations of the band bandwidth, due to the failure of service
provider, failure of transmission networks, the collapse of facilities, or
fraudulent misuse of passwords, codes or references provided to the Customer,
hacking, flooding, power failure, war, embargo, law, order, demand or
requirement of any government, requisition, strike, boycott, or other
circumstances beyond the reasonable control of NLiiVE. In such circumstances,
NLiiVE be exempt from the performance of its obligations to the extent of such
prevention, restriction or that the inconvenience.
12.2.2 Failure of the
Customer The meaning of these terms and conditions will be considered a fault of
the Client up against it any misuse of the Service, fault, negligence, omission
or failure on his part or that of its employees, non-compliance with advice
given by NLiiVE on its website, any unauthorized disclosure or use of the
password, codes and references of the Client and the intelligence of
misinformation or lack of update such information in his personal space. Will
also be considered a fault of the Client implementation of any technical
process, such as robots or automated queries, whose implementation would violate
the letter or spirit of these general conditions of sale.
12.3 Technical Issues
- Hyperlinks If unable to access the Site, due to technical problems of any
kind, the Customer may not claim for damage and can not claim any compensation.
The unavailability, even prolonged period without any limitation, one or more
online services, can not be constitutive of harm to customers and can in no way
lead to the award of damages from NLiiVE. The hyperlinks on the Site may refer
to other websites. Responsibility for NLiiVE can not be held if the content of
these sites violates the laws. Also responsible for NLiiVE can not be held if
the visit by the Internet, one of these sites, caused him harm.
12.4 Damages
payable by NLiiVE In the absence of statutory or regulatory provisions, the
responsibility is limited to NLiiVE direct harm, staff and some suffered by the
Customer and linked to the failure involved. NLiiVE will in no event be liable
for consequential damages such as, including loss of data, commercial damages,
loss of control, damage to brand image, disorders and loss of business profits
or Clients . Similarly, under the same limits, the amount of damages charged to
the NLiiVE shall in any case exceed the price of the Service ordered. ARTICLE
13. INTELLECTUAL PROPERTY
13.1 Ownership of NLiive on Services and Software
NLiive inform the client that is and remains the owner of the property rights
relating to any item of software and services available to the Client, and more
generally that the IT infrastructure ( hardware and software) implementation or
developed in under the Contract. The Contract does not grant the Customer any
ownership rights in the Software, except the right to use personal and not
transferable as a user. The provision of temporary service in accordance with
the Contract can not be seen as the transfer of any intellectual property rights
for the benefit of the Client, within the meaning of the French Code of
Intellectual Property. The Customer agrees not to reproduce any part of the
Software or any related documentation, by any means whatsoever, in any form
whatsoever and in any medium whatsoever. The Client may not assign the rights
and obligations under the Agreement, either as part of a temporary transfer,
sub-license or any other agreement to transfer such rights and obligations.
NLiive gives no other warranty than the material existence of rights objects to
the end-user license. In no event shall the Client be a warranty claim or
recourse against NLiive due to the infringement of a third party caused by the
Service or Software.
13.2 Ownership of the Data Client The Customer remains the
owner of the data processed by software and used in connection with the Service.
Any processing, transmission, distribution or representation of data via the
Service by the Customer are carried out under its sole responsibility and in
strict compliance with laws and regulations. The Customer agrees, in particular,
treat, distribute, download, or transmit through the Service as data whose
operation does not violate any right of intellectual or industrial property or
other proprietary right, or does not committing a criminal offense. The Customer
warrants that it has all the intellectual property rights to use the data within
the Service. The Customer warrants NLiive against any infringement action would
be brought against him from any person claiming an intellectual property right
relating to the data.
ARTICLE 14. CONVENTION OF EVIDENCE The parties expressly
agree that use of the Customer's account for himself or a third party will
exercise them. The registration systems NLiive are considered as proof of the
date and duration of use. All material relating to the use of the account will
be retained and archived by NLiive. NLiive be able to claim, especially for
evidentiary purposes, any act, file, record, follow-up report, statistics on all
media including computer support established, received or kept by him. These
rules of evidence is a presumption that could not be reversed in the presence of
evidence that the means of recording and storing NLiive were actually failing.
ARTICLE 15. GENERAL PROVISIONS
15.1 Governing Law These general conditions are
subject to the application of French law.
15.2 Changes to these terms and
conditions These general conditions are subject to change at any time by NLiiVE.
The general conditions applicable to the Customer are those in effect at the
time of his order or his connection to this site, any new connection to the
personal space accepting taking if the new conditions. NLiiVE agrees to keep all
its former general conditions and send them to any customer who so requests.
15.3 Amicable settlement of disputes Unless public policy, all disputes that may
arise in connection with the execution of these terms and conditions before any
legal action will be subject to the discretion of NLiiVE for an amicable
settlement. It is expressly stated that requests for settlement do not suspend
the time limits allowed to bring legal actions. 15.4 Wholeness The invalidity of
any provision of this contract will not void the remaining provisions of the
contract or in its entirety, which retain their full effect and scope. In such a
case, the parties shall as far as possible replace the void provision with a
valid provision that corresponds to the spirit and intent hereof. 15.5 No Waiver
Lack of exercise NLiiVE rights granted him by the present can never be be
construed as a waiver of those rights. 6.15 Copyright - Copyright CloudNetCare ®
Copyright (c) 2010-2011 Copyright (c) 2009, nLiiVE. All rights reserved. For any
questions regarding this Agreement, or if you wish to contact nLiiVE for further
information, thank you email contact@nLiiVE.com
TERMS OF SERVICE
(Annex 1)
1.
Description of Maintenance Services Technical Support nLiiVE work on working
days during office hours of nLiiVE, except holidays. In case of unavailability
of outstanding maintenance service, the Customer will be notified seven (7) days
in advance. Customer will have access to technical support nLiiVE: by e-mail at
the following address "support@nliive.com"; by Internet at the following address
"http://www.nliive.fr."
2. Procedures for handling incidents Every mail client
for a given problem will be assigned a trouble ticket. Then support requests
will be processed by the CLIENT nLiiVE as follows:
A - Submission of the problem
to technical support nLiiVE That the incident is reported to the technical team
nLiiVE by e-mail or Web interface, the communication by the Client of the
problem on the "Product" shall include any documents, information and other
existing elements necessary for the proper understanding of the problem
including: - Problem description (title, description, consequences of the
problem); - Environment (hardware, software, third party software); -
Reproduction (configuration, and instructions needed to reproduce the problem);
- The customer's contact information.
B - Registration of the incident and
setting the priority of this A support engineer to nLiiVE meet the client's
request in time to take into account reasonable. nLiiVE acknowledge receipt and
allocate a reference number of the incident to its use for subsequent contacts.
C - Treatment and how to resolve the incident The support engineer to nLiiVE
attempt to reproduce the problem using the information provided by the Client.
The description of the incident to allow nLiiVE to characterize. The engineer
qualify the nature of the incident and try to confirm whether the problem is to
use the "Product" or lack of it. If this is a problem using the "Product" by the
Client and not a fault of the "Product", the engineer will strive to answer
because his questions concerning the "Product" supplying all information and
advice on its operation and any guidelines how to correct the incident. If this
is accepted by the Client, the incident will be closed. Otherwise, an escalation
procedure will be implemented and the incident will be handled by the
engineering of nLiiVE as follows (Level 2). If it is a defect in the "Product",
the incident will be handled by the engineering of nLiiVE for a correction of
the "Product" (level 2). The support engineer to nLiiVE attempt to propose a
workaround acceptable to the Client. If such a solution is found, the incident
will be closed. If a workaround can not be found, nLiiVE incorporate a
correction in the next update of the "product". If this does not satisfy the
customer, it will inform the technical team nLiiVE immediately, which in turn
will inform the direction of nLiiVE will decide how best to resolve the problem
and satisfy the customer.
D - Fence Incident An incident will be closed as soon
as the cause of the problem can be shown to be independent of the "Product" and
/ or "Product" annexes related to "Product", or when: The problem has been
resolved; workaround has been properly implemented; satisfactory response was
provided, or a new version of "Product", which provides a solution to the
problem, is available to the client.
3. Unlimited support During the term of
this Agreement, there is no limit to the number of incidents that authorized
contacts will submit to the Customer Support Engineers of nLiiVE.
4.
Restrictions on the Maintenance Maintenance Services are for the assistance of
CloudNetCare and do not include assistance that would cover other software,
hardware or operating systems that are not covered by this AGREEMENT.
Maintenance Services do not cover the problems of system administration, system
configuration and support for testing. Updates and new versions do not include
the "Products" that sells nLiiVE, invoice or separately, or does not nLiiVE
available to its customers that subscribe to the "Product". The following
support services are specifically excluded: - Development of new software
programs, - Modification of existing programs unless such modification is
required by the rules of public policy, - Training of the Customer - Data
backup, - On-site services, - Telephone support. nLiiVE will not be required to
provide the services in the following cases: - The defects are due to improper
use of "Product" by the Customer - Malfunctions are due to reasons external to
the "Product" including but not limited to, disruption of telecommunications
networks and / or electrical equipment deficiencies home, accidents or natural
disasters.