TERMS OF SERVICE
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AtomicSeller markets application functionalities accessible online in the form of SaaS Services and is responsible for the maintenance of the application and its availability.
To carry out his professional activity, the Client wanted to be able to use a SaaS Service offered by AtomicSeller
He acknowledges having read the commercial proposal and the documentation presenting the Service. He acknowledges having been sufficiently informed.
The Customer is informed that the Services offered by AtomicSeller are necessary for the proper use of the Service. Therefore, it is up to the Client, having regard to his needs, to assess the appropriateness of using these Services or not.
AtomicSeller may modify the functionalities of its Site as well as these T&Cs at any time. The version applicable to the Customer will be that in force when using the Site.
ARTICLE 1:DEFINITIONS
For the execution of these terms, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or plural.
SaaS CGU:The term SaaS CGU is subsequently used to designate the “General Conditions of Use of SaaS Services”.
Customer :Refers to the legal entity, co-contractor of AtomicSeller, operating within the framework of its professional, commercial, industrial, artisanal or liberal activity. When the user license is acquired by direct purchase on the websitehttps://www.atomicSeller.fr, the Customer is the person who owns the means of payment used.
Special conditions: Refers to the document describing the specific provisions in terms of content, limitations, duration, Support, conditions of execution and invoicing applicable to the Service. The provisions of the Special Conditions prevail over the provisions of these SaaS T&Cs.
CONTRACT :Refers to the contractual set composed of:
- either the order form, the SEPA Mandate if applicable, these SaaS T&Cs, as well as the Technical Prerequisites and Special Conditions.
- either the online order, validated by an authorized person of the Customer, including the list of items ordered, the quantities, the prices, the SEPA Mandate if applicable, these SaaS T&Cs, as well as the Technical Prerequisites and the Special Conditions.
Documentation: Refers to the information made available by AtomicSeller and describing the terms of use of the Service.
Customer Data:Refers to the information (including Personal Data) of which the Client is the owner and/or responsible, which he enters, provides, transmits, collects, stores and/or processes as part of the execution of the Contract.
Personal data :Refers to the personal data that the Client processes in the context of the execution of the Contract. The provisions concerning Personal Data are described in the Appendix “Personal Data Protection Policy”, in application of the laws and directives known as “Informatique et Libertés” and “GDPR, for General Data Protection Regulation”.
Update :Refers to the improvements made to the Service, decided by AtomicSeller, with regard to technological, legal or functional developments and provided that such adaptations or developments do not make it necessary to rewrite a substantial part of the Service. Updates also include the correction of possible anomalies in the Service in relation to the Documentation.
Commissioning:Refers to the activation of the Service by AtomicSeller. Commissioning is effective upon communication to the Customer by AtomicSeller of the first access codes to the Service. The date of entry into force of the contract always coincides with the date of entry into service
Part :DesignatesAtomicSeller and the Client who will hereinafter be collectively referred to as “Parties” and individually as “Party”.
Portal :Refers to the web services portal that AtomicSeller makes available to its customers. The Portal is accessible at the addresshttps://ecommerce.atomicSeller.comor to any other website address, communicated to the Customer by AtomicSeller.
User Workstation:Refers to the Customer's computer hardware and devices allowing him to access the Service. The User Workstation must comply with the Technical Prerequisites.
Technical Prerequisites:Refers to the latest version of the list of characteristics of hardware and IT devices recommended by AtomicSeller and which must be implemented and respected by the Customer to access and use the Service. The Technical Prerequisites are subject to change and the latest updated version is accessible at any time on the AtomicSeller website (https://www.atomicSeller.fr/cgu/) or to any other website address communicated by AtomicSeller. It is up to the Client to ensure the evolution of its User Workstations, in accordance with the evolution of the Technical Prerequisites.
Benefit: Refers to the provision of implementation services, software rental, advice, configuration and/or training, exceptional data processing, annual hotline offered by AtomicSeller and ordered by the Client in addition to the Service.
Service: Refers to standard application functionalities delivered online as well as Updates and Support, invoiced in the form of subscription to a subscription and/or on the basis of service statements.consumption. The Service is intended for professional use.
Third-party online service: Refers to application functionalities delivered online of which a third party is the author, publisher and operator, but for which AtomicSeller has distribution rights.
Support: Refers to assistance to the Customer in the event of an anomaly in the context of current use of the Service. Support can only be provided by AtomicSeller to the extent that the Customer appoints a correspondent authorized to centralize assistance requests and validate their processing.
User :Refers to any natural person authorized by the Client, who may have access to the Service, as specified below in the article “Right of access to the Service”.
ARTICLE 2: ACCEPTANCE OF THE CONTRACT
The Customer is presumed to have read and accepted the Contract without reservation.
The Contract is deemed accepted without reservation by the Customer when signing the order form and/or the direct debit authorization or when concluding the online order referring to these SaaS T&Cs and constituting acceptance of all of the contract.
Any modification of these SaaS T&Cs must be subject to Special Conditions duly accepted and signed by both Parties. Failing this, any modification or alteration made to the printed or electronic Contract is deemed null and void.
With a view to remote acceptance of the Contract, the Client acknowledges and accepts that faxes and/or dematerialized documents bearing the signature of one of its representatives or employees, received by AtomicSeller, have the value of written proof and can be validly opposed by AtomicSeller. Acceptance of the Contract electronically has, between the Parties, the same probative value as the agreement on paper.
The archiving of contractual documents is carried out on a reliable and durable medium that can be produced as proof of communications between the Parties.
ARTICLE 3: PURPOSE OF THE CGU
The purpose of these T&Cs is to define the terms and conditions under which AtomicSeller undertakes to provide the Customer with the Service referred to in the Contract.
ARTICLE 3: ENTRY INTO FORCE AND DURATION
The Contract enters into force on the date of entry into service and will remain in force for the duration of the Service.
The Service will be tacitly renewed by successive periods equal to the period of Entry into Force if specified, or failing that, equal to one (1) year. The Party which decides not to extend the Service must notify this decision to the other Party by mail and/or information on the Portal and/or any other appropriate means at least one (1) month before the end of the current period. .
Activation of an additional optional service while the Service is running will not modify the duration of the Service as specified above.
ARTICLE 4: RIGHT OF ACCESS TO THE SERVICE
In return for payment of the subscription stipulated on the Customer's order form or in the online order, AtomicSeller grants the Customer a right of access to the Service, limited according to the offers, based on different units listed below:
- the functionalities or modules used by the Customer,
- the number of stores,
- the number of carriers,
- the number of orders processed,
- the number of carrier labels generated,
and as set out on the Customer's order form or in the online order and, where applicable, in the Special Conditions.
ARTICLE5: EXECUTION OF THE SERVICE
5.1. Provision of the Service
AtomicSeller undertakes to provide the Service in accordance with the provisions of the Contract and any corresponding Special Conditions, which specify in particular the content, limitations, duration, associated procedures, and the terms of Commissioning of Updates and Support .
5.2. Use of the Service
The Service will be used by the Customer under its sole control, direction and responsibility. The Client guarantees compliance with this Contract by Users.
Consequently, the following are the responsibility of the Customer:
- the implementation of all useful processes and measures intended to protect User Workstations, hardware, software packages, software, passwords, in particular against all viruses and intrusions;
- compliance with the latest updated version of the Technical Prerequisites;
- the means of internet access and navigation, the choice of internet access or telecommunications provider, the Customer having to take care of administrative requests and take out the necessary subscriptions, the cost of which he will bear;
- the designation, among its staff, of a privileged contact of AtomicSeller acting as administrator of the SaaS Service, for the Client, and in particular with regard to security aspects;
- the use of identifiers or access codes given to it by AtomicSeller during the execution of the Service. He will ensure that no person not authorized by him has access to the Service;
- errors made by its staff and Users in the use of the Service and the procedures which allow it to connect to the Service, in particular concerning the means of access and internet navigation.
AtomicSeller will be released from any liability concerning the quality of the electronic transmission of data when it uses telecommunications networks and more generally, concerning the quality and reliability of the telecommunications links between the Client's Workstations and the access point. in the service.
Furthermore, AtomicSeller cannot be held responsible for the accidental destruction of Customer Data by the Customer or a third party having accessed the Service without fault of AtomicSeller.
AtomicSeller reserves the right to invoice the Client for the time spent investigating the causes of incidents as long as the incident encountered by the Client does not originate from a Service, a Service or a supply from AtomicSeller hereunder. .
5.3. Service Exclusions
Excluded from the Service:
- work and interventions concerning the installation and proper functioning of the User Workstation and the Client's infrastructure (telecommunications, networks, security equipment) allowing the Client to access and use the Service;
- the resolution of problems caused by an error or mishandling of Users;
- specific services or developments, resulting from express requests made by the Client.
5.4. Guarantee
AtomicSeller does not guarantee that the Service is free from any defect or hazard but undertakes exclusively to remedy, with all reasonable diligence, reproducible anomalies in the Service, observed in relation to its Documentation.
The guarantee of conformity of the Service is expressly limited to its conformity with its Documentation and cannot be extended to a guarantee of conformity to the specific needs or the specific activity of a Client.
AtomicSeller does not guarantee the ability of the Service to achieve objectives or results that the Client has set for itself and/or to perform particular tasks which may have motivated it in its decision to conclude this Contract. It is therefore the responsibility of the Client or any third party mandated by the Client for this purpose to ensure the suitability of the Service to its needs or its specific activity in the territory where the Service is used.
To the extent permitted by law, any other guarantee than those expressed in this article is expressly excluded.
5.5. AtomicSeller Service Development Policy
The Client acknowledges that AtomicSeller will remain, in all circumstances, free to determine its industrialization policy, in particular according to technological developments. Consequently AtomicSeller will be able to design, organize and size the Service without constraint, modify it and develop it, if necessary with the partners and suppliers of its choice without prior written consent from the Client, as long as this does not reduce AtomicSeller's commitments. under the Contract.
5.6. Third-party online service
Any Third Party Online Service will be subject to:
- on the one hand to the terms and conditions of its author, which will be made available to the Client by AtomicSeller or accessible online by the Client according to the information provided by AtomicSeller. These terms and conditions will govern the terms of access to the third-party online Service, the terms of provision of the third-party online Service, the terms of protection of Customer Data, the legal provisions relating in particular to intellectual property, warranty, termination, liability, applicable law and competent courts These conditions must be accepted by the Customer;
- on the other hand to associated Special Conditions which will be made available to the Client by AtomicSeller or accessible online by the Client according to the information provided by AtomicSeller.
Consequently, for any third-party online Service, the scope of these SaaS T&Cs will relate exclusively to the terms of duration, setting and revision of prices, invoicing conditions, and payment conditions.
ARTICLE 6: SERVICE SECURITY
6.1. Security management
AtomicSeller undertakes to implement technical means consistent with the state of the art to ensure the physical and logical security of the servers and networks which are under its responsibility and control. As soon as it becomes aware of it, each Party will report as soon as possible to the other Party any fact likely to constitute an attack on the physical or logical security of the environment of the other Party.
6.2. Security of standard application functionalities
AtomicSeller will implement the necessary measures to allow access to the Service and Customer Data only to persons authorized by AtomicSeller and to persons authorized by the Client.
6.3. Connection security
To ensure the confidentiality of data in transit between the User Workstation and the access point to the Service, all connections are secure. Data flows, which pass through unsecured telecommunications networks, use recognized security protocols such as HTTPS or SFTP (based on Secure Shell - SSH).
6.4. Customer Data Security
AtomicSeller undertakes to take all useful precautions in accordance with the state of the art to preserve the security of Customer Data so that they are not, through its fault, distorted, damaged or communicated to unauthorized third parties.
Consequently, AtomicSeller undertakes to respect and ensure that its staff respect the following obligations:
- take all useful measures in accordance with the state of the art, to avoid any misappropriated or fraudulent use of Customer Data;
- not make copies of the documents and media of Customer Data entrusted to it, except those strictly necessary for the execution of the Service;
- respect confidentiality and not disclose Customer Data to other persons, whether private or public, natural or legal persons unless such disclosure is required by law or a competent judicial or administrative authority or is necessary in the context of legal action.
Any attempted computer attack, hacking, cyber attack or hacking against a server, computer hosting and/or an AtomicSeller Client, hosted by AtomicSeller or by one of its hosts, will result in the automatic termination of the incriminated Client account, as well as their right to access and use the Service, without refund, including, but not limited to, no refund for advance payments and a permanent ban on the offending Customer. AtomicSeller will pursue legal action against the person or company identified as responsible for a cyber attack against its installations.
ARTICLE 7: CUSTOMER DATA
The provisions relating to the protection of Personal Data are described in the Appendix “Personal Data Protection Policy in the context of the SaaS Service”.
Unless otherwise provided in the Special Conditions, Customer Data is located in one or more sites located in the European Union. When the Contract expires or is terminated, access to the Service is closed on the last day of the Service. The Client must therefore have, before this deadline,
- recovered the Customer Data accessible through the functionalities of the Service or
- (ii) requested from AtomicSeller the return of a copy of the last backup of Customer Data. Unless otherwise stipulated in the Special Conditions, any restitution of a copy of the last backup of Customer Data by AtomicSeller will be made in a standard market format chosen by AtomicSeller and will be made available to the Customer in the form of a download or if the volume is too large, by sending external support and this, as part of a Service billable at the current rate.
Unless otherwise stipulated in the Special Conditions, from the sixtieth (60th) day from the day of termination of the Contract, the process of erasing Customer Data will be initiated in order to render them unusable. This erasure will be carried out on production data as well as on backed-up data, depending on the retention times of the backups.
During the term of the Contract, AtomicSeller may use Customer Data and information obtained following use of the Service in accordance with applicable laws and regulations, described in the Appendix “Personal Data Protection Policy”.
ARTICLE 8: FINANCIAL CONDITIONS
The prices for Commissioning and Service appear in the Order Forms or in the online order. All prices are established excluding VAT, and other taxes, duties or Services payable by the Customer in application of the regulations in force on the date of issue of the AtomicSeller invoice and which will remain the exclusive responsibility of the Customer.
The cost of communications between AtomicSeller and the Client outside mainland France is the responsibility of the Client and will be subject to additional invoicing.
AtomicSeller may modify the prices of the Contract once per calendar year. The Customer will be informed of the new prices by a commercial proposal or an invoice (if the user license has been acquired by direct purchase on the website https://www.AtomicSeller.fr).In the event of refusal by the Client to increase the amounts invoiced, the Client will be entitled to terminate the Contract by registered letter with acknowledgment of receipt sent within thirty (30) days following the date of issue of the commercial proposal. or the invoice containing the new amounts. The Contract will then remain in force, under the pricing conditions of the previous invoice, until the end of the sixth (6th) month following that during which the proposal or invoice in question was issued. At the end of this period, the Contract will be automatically terminated by AtomicSeller.
Commissioning will be invoiced upon completion. AtomicSeller reserves the right to issue invoices electronically.
The Service will be billed:
- annually or monthly, depending on what is decided by mutual agreement between the Parties.
The invoicing of the first installment of the subscription will take place on the date of communication by AtomicSeller to the Customer of the access codes to the Service (effective commissioning of the Service).
Furthermore, regarding customers who have subscribed to Services with AtomicSeller under several Purchase Orders, AtomicSeller also reserves the right to invoice via a single invoice the Services ordered under the different Contracts.
Concerning orders relating to Services with different billing frequencies, AtomicSeller reserves the right to apply the same billing frequency to all Services. It being specified here that this periodicity will be that applied to the Service(s) representing the majority of the total amount of the Services.
Any exceeding of the thresholds of access, use, units of work or consumption indicators of the Service compared to those set in the order form or in the online order, will be subject to a invoicing by AtomicSeller based on the rates in force, associated with regularization invoicing covering all periods since the overrun occurred.
ARTICLE 9: TERMS OF PAYMENT
09.1. Commissioning
Upon signature of the Contract, the Customer will pay AtomicSeller the total amount including tax of the Commissioning costs if this amount is less than or equal to one thousand five hundred Euros excluding tax (€1,500 excluding tax).
If the total amount of Commissioning costs ordered is greater than one thousand five hundred Euros excluding taxes (€1,500 excluding VAT), the Customer will pay AtomicSeller, upon signature of the Contract, by direct debit or transfer, a minimum deposit of fifty ( 50) % of the total amount excluding tax of Commissioning costs, this deposit cannot be less than one thousand five hundred Euros excluding tax (€1,500 excluding tax).
Unless they have been paid by the Customer when ordering, in accordance with what is indicated above, AtomicSeller's invoices relating to the Commissioning (including for online orders) will be paid by the Customer by direct debit or by bank transfer without discount thirty (30) days net from the date of invoice issue.
As an exception, for online orders, concerning customers for whom this is the first order, AtomicSeller's invoices relating to Commissioning will be paid by the Customer in cash without discount by credit card or by Paypal.
09.2. Service
AtomicSeller's invoices relating to the Service (including for online orders) will be paid by the Customer by direct debit or by bank transfer without discount thirty (30) days net from the date of issue of the invoice.
The Customer undertakes to provide his bank details (IBAN and BIC) and to complete the SEPA Mandate in paper or electronic form. From the establishment of the SEPA Mandate and in the event that the Client successively signs several Contracts and chooses to pay each time the sums due to AtomicSeller by direct debit, he accepts that each of these Contracts is governed by a direct debit authorization common and unique, the amount of which varies, accordingly, depending on the additions and deletions of Contracts over time.
The above provisions will apply to all Services with the exception of Services for which Special Conditions provide for specific regulatory provisions.
09.3. Customer’s own use
In the event that the Client would like AtomicSeller to respect one of its own practices with a view to paying invoices issued under this Contract (special mention written on invoices, specific method of communicating invoices, etc.), it is appropriate to communicate this use to AtomicSeller before signing the Contract so that it can be taken into account and stipulated in the Special Conditions of this Contract. Failing this, non-compliance with these practices specific to the Client may in no case constitute a reason for the absence or delay of payment by the Client of AtomicSeller invoices.
ARTICLE 10: FAILURE TO PAY
In the event of the Customer's failure to fulfill its obligation to pay the price agreed between the Parties, and without prejudice to any other recourse that AtomicSeller may take against the Customer to obtain compensation for the damage suffered as a result of this failure, AtomicSeller reserves the right, fifteen (15) days after sending a formal notice to pay, in the recommended form, which has remained partially or totally without effect, to suspend the Service and any Services in progress until full payment of the sums due; and/or to automatically terminate, in accordance with the “Termination” article, the current Contract without the need for a new formal notice.
Furthermore, AtomicSeller will charge late payment interest in accordance with the legal provisions in force without a reminder or prior notice being necessary. This interest will be calculated, per day of delay, from the first day of delay until the day of full payment by the Customer of all sums due to AtomicSeller.
Pursuant to article L441-10 of the Commercial Code, the Customer will also be automatically liable for a fixed compensation of forty (40) euros (€) for recovery costs incurred by AtomicSeller. In addition, AtomicSeller will invoice a fixed compensation amount equal to ten (10)% of the sums due, it being specified that this compensation cannot be less than one hundred (100) euros (€). This compensation will not be applied in cases where the Customer justifies that he is the subject of a recovery or liquidation procedure.
In addition, the absence of payment by the Customer of an invoice which has reached its due date will allow AtomicSeller to demand payment of all other invoices, including those whose due date has not passed.
All unpaid fees, following a bank rejection of a payment by the Customer, will remain the financial responsibility of the latter.
ARTICLE 11: INTELLECTUAL PROPERTY
AtomicSeller holds all applicable intellectual property rights relating to the Service or declares, when a third party holds the intellectual property, to have obtained from this third party the right to market, distribute or use the Service.
This Agreement does not grant the Customer any ownership rights relating to the Service, its technology or the intellectual property rights held by AtomicSeller or by a third party. The Customer is prohibited from harming the Service in any way and in particular from using the Service in a manner that does not comply with its intended purpose and the conditions set out in the Contract. Consequently, the Customer is prohibited in particular from reverse engineering the Service with a view to developing a competing product or service and/or copying or reproducing any features, functions or graphic attributes of the Service.
The customer :
- undertakes to use the Service only in accordance with its professional purpose, its Documentation and for the sole needs of its professional activity;
- is solely responsible for the content distributed and/or downloaded via the Service and assumes full responsibility for the nature, content, accuracy, integrity and legality of the Customer Data transmitted to AtomicSeller as part of the Service, as well as the exploitation resulting from it. In particular, taking into account the authorized use of the Service by the Customer, the latter is prohibited from sending or storing data of a non-professional nature and more generally data of an illicit, obscene, defamatory nature or illegal data. or in violation of the rights of a third party, the protection of minors or privacy;
- undertakes not to distribute the Service, make it available to third parties or rent it unless otherwise provided in the corresponding Special Conditions and duly approved by AtomicSeller;
- undertakes not to alter or disrupt the integrity or execution of the Service or the data contained therein;
- undertakes not to attempt to obtain unauthorized access to the Service, the systems, networks or hosting associated with it.
ARTICLE 12: COLLABORATION
The proper execution of the Contract and the smooth running of the Service require active, permanent and good faith collaboration between the Parties. Consequently, each of the Parties undertakes to:
- be actively involved in the execution of its obligations;
- refrain from any behavior likely to affect and/or hinder the performance of the obligations of the other Party;
- provide each other within a sufficient period of time, compatible with compliance with the deadlines agreed between the Parties, with all information and documents necessary for the execution of the Contract;
- alert each other as quickly as possible in the event of a difficulty and work together to implement the best possible solution as quickly as possible.
The Parties must meet as often as necessary to ensure the smooth running of the Contract and more particularly check the smooth running of the Service.
It will be the responsibility of the Customer in particular to provide AtomicSeller with all the information concerning him, necessary for the performance of the Service and to inform AtomicSeller of any difficulties of which he may be aware or which his knowledge of his field of activity allows him to consider, as the Service is performed.
Furthermore, the Client undertakes to maintain sufficiently competent, qualified and trained Users in place throughout the duration of these terms of execution.
ARTICLE 13: RESPONSIBILITY
For the execution of all of its obligations, and taking into account the state of the art in use in its profession, AtomicSeller, which undertakes to take all possible care in the execution of its obligations, is exclusively subject to an obligation of means.
AtomicSeller's liability can only be sought for compensation for direct and foreseeable damage resulting from a breach of its contractual obligations, which does not include damage whose occurrence is not exclusively linked to poor execution or non-performance of the Contract.
By express agreement between the Parties, constitute indirect damage for which AtomicSeller cannot be held responsible: operating loss, loss of profit or any other financial loss resulting from the use or inability to use the Service by the Customer, damage to image. Any damage suffered by a third party is indirect damage and therefore does not give rise to compensation.
The Customer is deemed responsible for all his actions when using the AtomicSeller Service. In particular, AtomicSeller cannot be held responsible in the event that the Client uses the Service to carry out fraudulent or malicious actions, as well as to distribute dangerous, illicit or prohibited products.
In the event that AtomicSeller's liability is incurred as a result of non-performance or poor performance of the Contract, or for any other cause, the amount of the global and cumulative compensation, all causes combined, principal, interest and costs, to which the Customer may be entitled, will be limited to the direct and foreseeable damage suffered by the Customer without being able to exceed an amount equal to the last twelve (12) months of invoicing excluding tax for the subscription to the Service, preceding the event to the origin of the questioning of the responsibility of AtomicSeller.
The Parties acknowledge that the price of the Contract reflects the distribution of risks arising from the Contract, as well as the economic balance desired by the Parties, and that the Contract would not have been concluded under these conditions without the limitations of liability defined herein. Expressly, the Parties agree that the limitations of liability continue to apply even in the event of resolution or termination of the Contract.
ARTICLE 14: TERMINATION
14.1. Termination of the Contract by the Customer for non-compliance with the availability rate
The Customer may automatically terminate the Contract in the event of non-compliance by AtomicSeller, for three consecutive months, with the availability rate of the Service indicated in the Contract, without prejudice to any damages and interest within the limit of the ceiling and the conditions provided for in the “Liability” article of the Contract. Termination of this Contract will take effect three (3) months after receipt by AtomicSeller of the registered letter with acknowledgment of receipt stating its breach, unless AtomicSeller justifies appropriate remedies taken or to be taken to eliminate the breach noted.
14.2. Termination of the Contract by AtomicSeller
AtomicSeller may automatically terminate the Contract in the event of the Customer's failure to fulfill its obligations, without prejudice to any damages.
Termination of this Contract will take effect three (3) months after receipt by the Customer of the registered letter with acknowledgment of receipt stating its breach, unless the latter justifies appropriate remedies taken or to be taken to eliminate the breach noted. .
14.3. Effects of termination
In the event of termination, the Customer will cease using the Service from the day of termination of the Contract. In addition, the latter will be liable to AtomicSeller, in addition to invoices not paid on the termination date, compensation corresponding to the totality of the monthly payments remaining to be invoiced for the Service until the contractual due date.
ARTICLE 15: FORCE MAJEURE
Neither Party may be held responsible for any failure to fulfill its contractual obligations if it was prevented from performing its obligation by an event of force majeure as defined in article 1218 of the Civil Code.
In such cases, the Party invoking force majeure will notify the other Party, by registered letter with acknowledgment of receipt, as soon as possible, of the occurrence of such an event and the necessary extension of the deadlines for execution of its obligations.
If the impediment is temporary, the performance of the obligation will be suspended until the Party invoking force majeure is no longer prevented by the force majeure event. The Party invoking force majeure must keep the other Party informed and undertakes to do its best to limit the duration of the suspension.
In the event that the suspension continues beyond a period of three (3) months, each Party will have the possibility of terminating the Contract without compensation by notifying the other Party of its decision by registered letter with acknowledgment of receipt. .
If the impediment is definitive, the Contract is automatically terminated and the Parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
ARTICLE 16: SUBCONTRACTING
The Client accepts that AtomicSeller may, freely and without prior formality, subcontract all or part of its obligations hereunder. In the event of subcontracting, AtomicSeller will remain alone, responsible for ensuring proper compliance with the obligations entered into under the terms of the Contract.
The Parties agree that the provisions concerning data management are described in the Appendix “Personal Data Protection Policy”.
ARTICLE 17: PARTICULAR DISPOSITIONS
17.1. Freedom of the Parties
Legally and financially independent, each party to these T&Cs acts in its own name. No Party may make commitments in the name and on behalf of the other Party, which it cannot in any way replace.
Furthermore,AtomicSeller is free to perform services of a similar nature on behalf of other clients
17.2. Entirety
The Parties acknowledge that the Contract, its annexes, its possible amendments and the other terms and conditions incorporated by reference herein, constitute the entirety of the agreements entered into between them, relating to the subject of the Contract.
These agreements replace all previous commitments, whether oral or written, made between the Parties, relating to the subject matter hereof. Unless expressly stipulated, the terms and conditions and obligations of this document will prevail over all others.
17.3. Lack of foresight
Article 1195 of the Civil Code will not be applied between the Parties.
The Parties agree to assume all risks relating to the execution of the contract between them. They refuse any renegotiation of the terms of the contract, regardless of the circumstances.
17.4. Nullity
If one or more provisions of the T&Cs are considered illegal or inapplicable or considered such in application of a law, regulation or court decision that has become final, they will be deemed unwritten and the other provisions will remain in force.
17.5. Non-waiver
The fact that one of the Parties does not take advantage of a failure by the other Party to fulfill any of the obligations referred to in the Contract cannot be interpreted as a waiver of the obligation in question.
ARTICLE 18: APPLICABLE LAW AND COMPETENT COURTS
This agreement is subject to French law
For disputes arising from these T&Cs, the Parties agree to seek an amicable solution.
When the dispute cannot be resolved amicably, the Parties may bring their dispute before the courts of Paris to which they grant exclusive jurisdiction.
