General Terms and Conditions of Sales: Updated 1st January 2015
Article 1 – Applicability
These general conditions of sale are brought to the attention of all CUSTOMERS. They are applicable to all sales of goods or services for any coantract between BEAMPULSE SAS and its CUSTOMER in France or abroad, wherever the place of delivery, unless otherwise stipulated in writing and signed. Any condition contrary to these general conditions of rental and sale posed by the CUSTOMER, in its general conditions of purchase or any other document will be void as against BEAMPULSE, regardless of when it may have been brought to its knowledge.
Article 2 – Software Protection. Intellectual Property Rights
The BEAMPULSE software and all intellectual property rights related to this software are and will remain the property of BEAMPULSE. All rights related to BEAMPULSE software not expressly granted in these current terms and conditions of sale are expressly reserved and retained by BEAMPULSE SAS without restriction, including documentation, logos, trademarks, trade secrets, data bases, reports and web sites.
The CUSTOMER may not copy or reproduce all or part of the software and / or documentation by any means and in any form, translate or transcribe the software or documentation in any other language, or adapt them. It guarantees BEAMPULSE SAS against the actions of its employees and the people it allows to use the software if such acts contravene the provisions of this article.
Article 3 – Data Protection
Under the French law “Informatique et liberté” n ° 78-17 of January 6, 1978 relating to IT, data files and freedoms, you have a right of access, consultation, modification, correction and to delete data you have provided.
Article 4 – Opening of accounts
Any new customer of BEAMPULSE must create their online account on the website www.beampulse.com by filling out a questionnaire and accepting the terms and conditions of sales BEAMPULSE SAS.
Article 5 – Terms of Payment
Invoices are payable to BEAMPULSE SAS, so that the latter may obtain the funds on the due date of payment. Invoices will be payable in accordance with the conditions given on the quotation. Unless otherwise specified by us, all invoices are payable in cash.
By express agreement, the numbered invoice sent to the CUSTOMER by BEAMPULSE SAS is the only valid and authentic document regardless of other documents, pro-forma invoices, or otherwise, that may have been previously given.
Article 5.1 Late payment
In case of late payment, whether complete or partial of services delivered, by the due date of payment, the buyer will pay the company BEAMPULSE SAS an overdue payment penalty equal to the interest rate applied by the European Central Bank plus 10 percentage points (Article L.441-6 of the Commercial Code).
This penalty is calculated on the amount of the outstanding sum excl VAT, and runs from the due date of the invoice and without any prior notice being required.
In addition to the penalty payment, any unpaid amount including any deposit non paid by its due datewill suffer a € 40 levy for recovery costs (Article 441-6 paragraph 12 and D 441-5 of the Commercial Code).
Additional compensation can be claimed when justified, when recovery costs suffered exceed the amount of the fixed allowance.
Article 5.2 – Suspension clause and termination
In case of non-compliance by the CUSTOMER of his obligations, including cases of non-payment of an invoice due, BEAMPULSE reserves the right to terminate this present contract. It is expressly understood that such termination will occur under the law after sending of a formal notice which remains in whole or part without effect for a period of 15 days from its first presentation.
Article 6 – Online registration and ordering a subscription
The online ordering process is as follows:
– The CUSTOMER registers on the site and accepts the terms and conditions by ticking the box “I have read the Terms and Conditions” at the time of registration.
– The Customer can subscribe to a free trial version, he will have 10,000 page views for a period of two months.
– Once in his Customer Dashboard, he orders a subscription for the pages to be seen corresponding to his needs.
– If he opts for a package online, the CUSTOMER pays his order directly on the website by credit card.
– If he opts for a customized package, the CUSTOMER contacts BEAMPULSE SAS for a payment by transfer or cheque / check.
– The invoice corresponding to the order is generated immediately.
– The Customer has online access to all necessary information to connect to his application
6.1 – Subscription invoicing
The invoicing process is as follows:
– BEAMPULSE SAS makes out invoices according to the payment frequency chosen for each order. All invoices are obtainable by the CUSTOMER in his Dashboard.
– Payment is by reloading an account. Automatic reloading is possible at the expiration date. If payment is not made on time, BEAMPULSE SAS will conduct a suspension of the service until the receipt of payment of the invoice.
Article 7 – Online rental conditions SaaS
Definition: SaaS mode refers to a software application (Called BEAMPULSE) that is hosted on a server provided by BEAMPULSE SAS and open to all users. (Software as a Service).
BEAMPULSE is offered for rent on the website www.beampulse.com.
The CUSTOMER buys a quota of pages-views. This quota is payable in advance. Unless otherwise stated on the purchase order, the page views quota expires after two (2) years, even if all page-views have not been used up.
8 – Warranty conditions
8.1 – Liabilities of quality and responsibility
The CUSTOMER is solely responsible for maintaining and securing his username and password. He will in no case communicate it or let it be known to third parties or non-authorized people to use it. To this end, the username and valid password is communicated by BEAMPULSE to a person or persons designated by the CUSTOMER when opening the account, leaving it to the CUSTOMER to take all practicable measures to ensure the confidentiality secrecy and to notify, where appropriate, BEAMPULSE SAS the identity of every new holder of such information.
Any fraudulent use of non-designated or unauthorized persons by the CUSTOMER will in no way lead to the responsibility of BEAMPULSE SAS. As soon as anyone appointed ceases to be authorized by the customer, especially in case of leaving the company, the CUSTOMER will, under its responsibility, disable the user account of that person.
BEAMPULSE SAS is committed to implement all the means it deems necessary to ensure in particular the correct functioning of the application as part of this contract. Therefore, for the sake of a quality service with relation to its customers, BEAMPULSE SAS will implement:
a) Clear information specifying the characteristics necessary for the operation of BEAMPULSE.
b) A database backup system containing customer information.
c) Technical support (Help Desk), within the limit of the number of support hours associated with each package (shown on the invoice).
Despite the care taken by the BEAMPULSE SAS team and its technical partners to operate, check and update its platform, BEAMPULSE SAS can in no case be held responsible, if the CLIENT should suffer, directly or indirect, financial or technical damage, business interruption or loss of brand image or any other damage of any nature whatsoever which may occur in parallel or consecutively to the use of one of the application modules BEAMPULSE.
It is expressly understood that it is the CUSTOMER who will assume all risks, be it financial or industrial. However, in the case of a proven responsibility of BEAMPULSE SAS for any reason whatsoever, restorative compensation or damages that BEAMPULSE SAS may have to pay the CUSTOMER cannot exceed the amount of fees paid by the CUSTOMER when using the BEAMPULSE application.
8.2 – Responsibility
BEAMPULSE SAS is subject to an obligation of means, to the exclusion of all others. It guarantees that the software conforms to its specifications. The CUSTOMER assumes all responsibility other than the conformity of the software and in particular those concerning:
– The adequacy of the software to its needs
– The use of the software by its employees, contractors, or other persons to whom it entrusts an access code
– The qualification and competence of its staff
The CUSTOMER expressly acknowledges having received from BEAMPULSE SAS all necessary information enabling it to assess the suitability of the software to their needs and to take all necessary precautions for its implementation and operation.
BEAMPULSE SAS will be under no obligation to repair any direct or indirect damages.
BEAMPULSE SAS cannot be held responsible for the quality of the customer’s Internet connection.
In no event can BEAMPULSE SAS be held responsible for indirect damages such as loss of market, commercial loss, customer loss, any commercial problems, loss of profit, loss of brand image or any action for unfair competition estimated.
The CUSTOMER will be solely responsible for the use of BEAMPULSE software.
No liability can be held against BEAMPULSE SAS in case of alteration of the information or data during transfer, by means of telecommunications or by other means.
BEAMPULSE SAS cannot be held liable for damages resulting from loss, alteration or unauthorized use of data, accidental transmission of viruses or other harmful items, the attitude or behaviour of a third party.
BEAMPULSE SAS cannot be held liable for any malfunctions on computers of the CUSTOMER as a result of using the software.
8.3 – IT Risk Acceptance
The CUSTOMER acknowledges having been advised of the risks inherent in hardware, software and computer networks, including those relating to the Internet, level of security reliability, difficulty to guarantee continuous accessibility to web-services, problems of heterogeneity leading to IT systems incompatibility issues. In no way can the responsibility of BEAMPULSE SAS be initiated in case of malfunction of the BEAMPULSE application that could be found and whose causes are directly or indirectly related to these risks.
To limit such risks, BEAMPULSE SAS is committed to implement all the techniques and technologies available on the market whether in anti-virus software, firewall system, or any other computer system judged by BEAMPULSE SAS to make the access to BEAMPULSE application safer and more efficient.
BEAMPULSE SAS is also committed to provide the CUSTOMER, on request, mandatory minimum hardware needs for a normal use of BEAMPULSE application.
8.4 – Generally
Responsibility for BEAMPULSE SAS relating to the CUSTOMER may not exceed the cost of services sold, determined by reference to the price invoiced to the customer for those services. BEAMPULSE SAS can never be held liable by the CUSTOMER or any third party for any direct or indirect damage resulting from the use of services (including – but not exclusively – loss of profits, revenues, programmes or data).
9 – Training and Consulting Services
These Terms apply to all orders relating to training or consulting placed by a CUSTOMER with BEAMPULSE, either for “inter-company” training and / or consulting or “intra-company”.
Similarly, the mere fact of attending in person or by one of the attendants, a meeting of training / consulting implies that the client fully and without reserve adheres to the present Terms and conditions, for the duration of the contract associated with the training / consulting.
9.1 – Payment of training services / consulting
BEAMPULSE SAS reserves the right to demand prepayment fifteen days before the beginning of the training course. In this case, the client may be denied access to training course if payment is not made on time.
Article 10 – Court Jurisdiction
In the case of any dispute concerning the implementation or interpretation of the contract, the court of MULHOUSE (FRANCE) is the only competent body to arbitrate, even if incidental claim, introduction of third parties or in case of multiple defendants.
If the dispute involves any urgent measure, the judge hearing the application of the Commercial Court or the High Court of MULHOUSE (FRANCE) is the exclusive jurisdiction, regardless of the extent of the disputed object.
The customer declares to have read and unconditionally accepted the terms and conditions of the company BEAMPULSE SAS reproduced above.