General Terms and Conditions of Service Provision - Decarbonation Subscription

The Contract takes effect on the date of its signature by both Parties and remains in force for an indefinite period after an initial period of 6 months. At the end of this initial period, the Contract continues until one Party terminates the Contract by email (to the address contact@lewebvert.fr or to the address mail of the Referrer, depending on which Party initiates the termination) or by an intervention on the internet portal to that effect, the contract ending on the last day of the following month.

Alternatively, the Client may opt for a fixed-term contract of twelve months, payable in full in advance, with a 10% price reduction. At the end of this initial period, the Contract is renewed for successive periods of twelve months by tacit renewal at the rate communicated by WEBVERT at least two months before the end of the current period, unless terminated by either Party at least two months before the end of the current period, by email (to the address contact@lewebvert.fr or to the address mail of the Referrer, depending on which Party initiates the termination) or by an intervention on the internet portal to that effect.

Consequently, the Client acknowledges and accepts that in the event of early termination of the Contract or non-compliance with the termination terms, they will be liable to WEBVERT for an early termination fee of 100% of the total amount that WEBVERT would have received if the Contract had continued until its term.

Any termination request from the Client will be confirmed by an email from WEBVERT. The termination will only be effective from the anniversary date of the Contract.

When the Contract ends, WEBVERT undertakes to destroy all Data saved in the provision of the Services within a maximum period of three months, unless requested by the Client by mail or email within 30 days following the end of the subscription. The destruction of the Data will cancel any possibility, in the event of resuming the Service, of accessing these same Data again.

WEBVERT performs the Services each month and provides a monthly summary of decarbonation actions accessible on the Site portal in the Client’s personalized space or in the form of a PDF file sent by email to the Client.

As part of the Services, WEBVERT will back up the contents within its scope of intervention and the Client’s server configurations before making any modifications. As part of its duty to advise, WEBVERT will notify the Client, if applicable, of any malfunctions that WEBVERT may have detected on the Client’s Site. It is the Client’s responsibility, not WEBVERT’s, to remedy these malfunctions.

In the event that decarbonation cannot be generated, WEBVERT will explain the reasons to the Client. This will be the case, for example, if it is impossible to modify a setting or for any other technical impossibility due to the CMS (or the Client’s Site hosting conditions) or organizational blockage. In this case, the Client may terminate the Contract after sending a registered letter with acknowledgment of receipt to WEBVERT, with the understanding that the Client must have paid a minimum of 3 monthly installments without being bound by the initial 6-month duration if they chose Option 1.

WEBVERT will back up the contents within its scope of intervention and the Client’s server configurations for a period of one year. By default, the identifiers provided by the Client to WEBVERT in accordance with Article 6.2 (i) below will be retained for a period of 6 months after the end of the Contract. WEBVERT will immediately delete them after the end of the Contract if the Client expressly requests it.

However, the Client is expressly warned that the storage of Data and the temporary backup of Data offered as standard by WEBVERT does not exempt the Client from regularly backing up their Data, either locally or externally.

In any case, all operations aimed at restoring or recovering lost or damaged Data are subject to additional charges.

WEBVERT undertakes to exercise all due care and diligence required of an IT service provider in the execution of this Contract. Subject to the Client’s compliance with its obligations, particularly in providing WEBVERT with information and resources in a timely manner under this Contract, WEBVERT is subject to an obligation of means. WEBVERT cannot be held responsible for network line interruptions. It particularly draws the Client’s attention to the importance of choosing the operator and telecommunication product.

Under no circumstances shall WEBVERT be liable for unforeseeable losses or damages to the Client or third parties, including but not limited to any lost profits, loss, inaccuracy, or corruption of files or Data, business loss, loss of turnover or profit, loss of customers, loss of opportunity, cost of obtaining a substitute product, service, or technology, arising from or related to the non-performance or faulty performance of the services unless there is intentional misconduct by WEBVERT and/or one of its employees.

WEBVERT disclaims all liability for any harm that may be caused, directly or indirectly, to the Client or third parties, by incorrect, partial, or incomplete content (data, images, videos) of the Client’s Site. In any case, the amount of WEBVERT’s liability is strictly limited to the amount actually paid by the Client as of the occurrence of the liability event.

WEBVERT is not responsible for interruptions and access disruptions to the Services that are not due to its own actions and that are notably related to a third party or the technical operators with whom it collaborates, or to electronic or hardware issues (Example: fraudulent intrusion, network malfunction, malfunction related to the third-party software service provider, modification of the third-party software service provider’s API, etc.).

WEBVERT only ensures the implementation of recognized best practices in this field. Despite the technical measures in place, WEBVERT cannot guarantee that it can withstand all intrusion attempts, virus transmissions, Trojans, logic bombs, and, more generally, any hacking activity. The Client must take all appropriate measures to protect their own Data, their Client Site, their software, their network identification elements, and their IT equipment.

The Client declares to be well aware of the internet, its characteristics, and limitations, and notably acknowledges:

Furthermore, the modification of the resolution of graphic elements carried out as part of the Services will take into account the destination of these elements, namely for use on a computer screen. The resolution will necessarily be lower than that used in print editions, which the Client acknowledges and accepts. As a result, the modified elements may not, in some cases, be reused or adapted for print media.

The Client undertakes to actively and regularly collaborate throughout the Contract, in particular by:

(i) Providing WEBVERT with:

Access can be provided via a VPN provided that this VPN is compatible with Linux and can be launched from the command line. Depending on its security policy, the Client will issue, at the beginning of the contract, an authorization by IP or browser identifier to allow WEBVERT’s analyzer (bot) to analyze the Client Site, which will take place:

(ii) Providing WEBVERT with any other element, information, and/or document requested by WEBVERT to address anomalies in the Services;

(iii) Designating a dedicated and competent contact person, referred to as the Referrer, to be the single point of contact with WEBVERT throughout the Contract duration;

(iv) Safeguarding against any damage that may affect the Data, files, software, hardware, and all documents provided by the Client for the Contract’s needs;

(v) Informing WEBVERT of any changes regarding its situation (contact email address, etc.). It is the Client’s responsibility to take all measures to ensure the preservation of a copy of the Data on its own servers. WEBVERT cannot be held responsible in case of loss of Data stored by it.

Without prejudice to its obligations as a Data Controller in cases where its Data are Personal Data, the Client controls, before any analysis, guarantees, and is solely responsible for the accuracy, quality, integrity, legality, reliability, and relevance of all its Data.

The Client declares and attests to holding the necessary intellectual property rights over the elements provided to WEBVERT for the provision of its Services and indemnifies WEBVERT against any third-party actions related to the provided elements and Data, with only the Client’s liability being sought in this regard.

The Client also undertakes that its Data:

The Client indemnifies WEBVERT and holds it harmless from all consequences related to the non-compliance with this article.

In case of failure to comply with the above obligations not attributable to WEBVERT and excluding force majeure cases, including the provision of access and analysis, unavailability of the Client Site, organizational blockage, technical impossibility arising from the CMS or hosting, the Client will be liable to WEBVERT.

The Client must settle the agreed price even if WEBVERT is prevented from providing the Services, in whole or in part.

The price of the Services is agreed between the Parties in the Specific Conditions. It is set according to the volume of pages of the Client Site, according to the following scale:

A 10% discount is granted in case of annual commitment by the Client (if annual payment at the beginning of the period).

In case of exceeding the number of pages during the month or contractual period, WEBVERT will invoice any change in bracket as a monthly adjustment. In the case of an annual contract, an amendment will be concluded between the Parties to take into account the change that occurred.

Any additional service will be the subject of a quote submitted for acceptance by the Client.

All prices are exclusive of taxes, travel and accommodation expenses, unspecified miscellaneous supplies under the Contract, VAT at the prevailing rate in addition.

The payment of the price of the Services by SEPA direct debit or credit card for the duration option provided for in Article 4.1 or by bank transfer for the duration option provided for in Article 4.2 as agreed in the Specific Conditions, regardless of the actual use made of the Services by the Client.

For the Contract with the duration option provided for in Article 4.1, the Client will receive from WEBVERT at the beginning of the month, by email, a monthly invoice corresponding to the price of their subscription for the month. The monthly invoice will be settled by automatic debit.

For the Contract with the duration option provided for in Article 4.2, the Client will receive from WEBVERT, at the beginning of the contract, by email, an annual invoice corresponding to the price of their subscription. Payment of the invoice must be made within thirty (30) days following the date of the invoice, without discount.

The Client expressly accepts electronic invoicing. WEBVERT’s electronic invoices are sent to the Client in PDF format.

WEBVERT may modify the prices during the execution of the Contract. It undertakes to notify the Client in writing of the revision of the pricing conditions with a minimum notice period of four (4) months before the effective date. In the case of Option 1, the modification will take place 4 months later. In the case of Option 2, the modification will take place during the contractual period following the one during which the notification was made.

Without prejudice to any damages, the Client’s failure to pay an invoice by its due date automatically results in:

WEBVERT reserves the right to suspend all or part of the Services, suspension which will be notified to the Client by any means:

Each Party may terminate the contract in the event of a serious or repeated breach by its co-contractor of its essential obligations. It is expressly understood that this termination will take place automatically 30 days after the first presentation of a formal notice to perform, which remained, in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act. This formal notice must mention the intention to apply this clause. WEBVERT will cease to use any access code to the Client Site.

Any termination for convenience by the Client before the contractual term will result in the payment of the indemnity provided for in Article 4 "duration".

Les Données Personnelles collectées lors de la passation du Contrat et ultérieurement font l’objet de traitements informatisés.

En application de la loi 78-17 du 6 janvier 1978, modifiée par la loi n°2018-493 du 20 juin 2018, et du RGPD (règlement général sur la protection des données) entré en vigueur le 25 mai 2018, il est rappelé que les données nominatives demandées au Client (principalement ses nom, prénom, adresse postale et e-mail) sont nécessaires au traitement de sa demande, à l’établissement du Contrat et des factures, notamment. Si ces informations obligatoires ne sont pas communiquées, WEBVERT ne sera pas en mesure de répondre aux demandes des Clients.

Ces données peuvent être communiquées aux éventuels partenaires de WEBVERT chargés de l’exécution, du traitement, de la gestion et du paiement des Services.

Ces informations et données sont également conservées à des fins de sécurité, afin de respecter les obligations légales et règlementaires. Le traitement des informations communiquées par l’intermédiaire du Site répond aux exigences légales en matière de protection des Données Personnelles, le système d’information utilisé assurant une protection optimale de ces données.

Dans la limité précitée, le Client dispose d’un droit d’accès, de rectification, d’opposition, d’effacement et de portabilité de l’ensemble de ses Données Personnelles. Pour exercer ces droits, le Client peut, soit envoyer un e-mail à contact@lewebvert.fr, soit adresser un courrier à l’adresse : WEBVERT 162 allée du manoir – 76160 PREAUX (France), en indiquant son nom, prénom, e-mail, adresse et si possible sa référence client. Conformément à la réglementation en vigueur, la demande du Client doit être signée et accompagnée de la photocopie d’un titre d’identité portant sa signature et préciser l’adresse à laquelle la réponse doit parvenir.

As part of the Contract, WEBVERT may have access to information constituting Personal Data and acknowledges acting as a "processor" within the meaning of the GDPR. The Client remains the "Data Controller" within the meaning of the GDPR and acknowledges assuming the responsibilities thereof.

WEBVERT commits to maintaining a transparent relationship with the Client. As a processor, WEBVERT commits to:

The Parties agree that any communication between them will be carried out electronically, either through the Site or through the email address: contact@lewebvert.fr. Any notification, information, invoice sending, or alert from WEBVERT will be sent to the email address provided on the Client’s account. In case of a change in the contact person or their email details, the Client must inform WEBVERT immediately. Otherwise, WEBVERT cannot be held responsible for the Client not receiving emails sent by them.

The fact that a Party does not invoke any provision of the Contract at a given time cannot be interpreted as a waiver of the right to invoke any of these conditions at a later time.

WEBVERT’s liability cannot be engaged beyond a conventional prescription period of 2 (two) years from the proven occurrence of the damage exclusively attributable to them.

The possible cancellation of one of the clauses or paragraphs in these CGPS or in other contractual documents, notably by a court decision, shall not affect the other provisions which will continue to have full effect. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulations.

In case of translation of these CGPS and the Contract, only the French version shall prevail between the Parties, which the Client expressly acknowledges and accepts, regardless of their nationality.

The Parties acknowledge that the Contract and all its appendices and/or amendments, if any, as well as all other terms and conditions incorporated by reference herein, constitute the entirety of the agreements between them relating to the subject matter of the contract and supersede all previous commitments, verbal and/or written, between the Parties, relating to the subject matter hereof.

The Contract is subject to French law, to the exclusion of any other legislation, with the provisions of articles 1220 to 1223 of the French Civil Code being excluded.

In order to find a solution to any dispute arising in the execution of the Contract, the Parties agree to meet within 15 days from the receipt of a registered letter with acknowledgment of receipt notified by one of the two Parties. If, after a further period of fifteen days, the Parties fail to reach an agreement on a compromise or solution, the dispute shall then be submitted to the competent courts of Rouen. V. 03.05.2023