OpenWorkSpace
SIREN number : 822 430 419
VAT intra-EU number : FR45 822 430 419
CNIL declaration : 2015718 v 0
Article 1 – Definition of this contract
These Terms and Conditions of Sale and Use (hereinafter referred to as “Terms and Conditions”) are intended to define the conditions under which OpenWorkSpace provides the Customer with the Service (s) it proposes. The validation of the registration form made available by OpenWorkSpace on its customer panel and allowing the Customer to register for the Services implies the unconditional acceptance of these Terms and Conditions. The Customer becomes aware when paying these conditions. These Terms and Conditions are valid as long as they are online on the OPENWORKSPACE.cloud website. No tolerance on the part of OpenWorkSpace may be interpreted as a waiver of these Terms and Conditions. These General Conditions constitute a contract between the Customer and OpenWorkSpace, which can not be modified.
Article 2 – Applicable Law and Jurisdiction
These General Conditions are governed by French law. Any dispute is, after an attempt at amicable conciliation, the jurisdiction of the courts.
Article 3 – Proposed Products and Services
OpenWorkSpace provides software with access to its services open to an individual or a group of persons with a tax address in the French territory, and accepting the clauses of the general terms and conditions of OPENWORKSPACE.CLOUD, by means of the payment of a rental whose cost is fixed according to the chosen formula.
Article 4 – Interruption of service
OpenWorkSpace reserves the right to suspend its operation for maintenance reasons or various updates. OpenWorkSpace will inform its customers on its website “www.openworkspace.cloud” to the extent possible, without being held to any guarantee or indemnity and / or damages whatever they are vis customers.
Article 5 – Modification of the proposed services
OpenWorkSpace reserves the right to modify its offers, rates and formulas at any time, without notice. The rate of the services paid in advance is guaranteed for the period concerned, the offers and formulas are also maintained in the relevant period as for the tariffs.
Article 6 – Obligations of the seller
Article 6-1 – Execution of the order
The order will be executed no later than seven days from the day following the day the customer made the payment. These delays may vary depending on the number of internal commands to be processed and the volume of servers available in our network. In case of unavailability of the ordered product, the customer will be informed at the earliest and will have the opportunity to cancel the order. The customer will be informed either by mail, telephone or the support provided in his customer account in the customer area www.openworkspace.cloud. He will then have the choice to request either the refund of the sums paid within thirty days at the latest of their payment, or the exchange of the product of an equivalent amount.
Article 6-2 – delivery of the order
The products are delivered to the customer’s account from which the order was placed. The consumer is required to check the condition on delivery of the service or property and report any damage or inconsistency with the order within 24 hours. OpenWorkSpace will inform by email of the provision of the service to the customer. The production start of the service determines the initial date on which billing will take effect. The provision of the service takes place within a maximum of 7 days from the actual payment of the order form made by the customer. After this period and default of delivery or out of stock, the customer is entitled to request the cancellation of his order and the total refund of his order.
Article 6-3 – availability of services
OpenWorkSpace has no ability to control or influence data traffic outside of its own infrastructure. To this extent, OpenWorkSpace can not be required to provide consistent availability and successful transfer of information to or from a server. In addition, OpenWorkSpace can not be held responsible for any damage caused by the interruption of access to your content or the loss of data you have entered and more generally any damage resulting from the use or failure to use the Services as a result of a failure outside its own infrastructure, or the acquisition, receipt or downloading of information in connection with the use of the Services; unauthorized access to the Services by another user or third party, the modification by a third party or yourself of any information or databases about you, or any other use of the Services that does not comply with these Terms and Conditions as well as laws and regulations. The use of bandwidth is not limited on the whole architecture. If the monitoring finds an abusive use, an email will be sent to you and it will limit the bandwidth of the annoying service without notice. If, despite everything, the client persists, OpenWorkSpace Net gives itself the right to suspend the server for an indefinite period. OpenWorkSpace does not formally guarantee any specific backup of data stored on its services. However, as part of its quality of service it carries out daily backups of its infrastructure, the customer can ask the support a free restoration per month. OpenWorkSpace reverses the right to suspend the service of the customer if it undergoes denial of service attacks which because of their intensity disrupt the availability of its infrastructure. It is therefore the responsibility of the Customer to take all necessary measures to safeguard their data in case of loss, or deterioration of the data entrusted, whatever the cause, including those not expressly referred to herein. OpenWorkSpace does not give any guarantee related to the consequences of the use of the Service by the Customer, especially as regards the securing and the preservation of said data. In the event that OpenWorkSpace accepts any compensation, the latter can not exceed 100% of the monthly price of the service in default, calculated at the total duration of the breakdown. OpenWorkSpace is not liable to compensate the Customer when the failure is caused by a failure outside OpenWorkSpace infrastructure or by another Customer. This compensation may be in cash or in the form of days of free service.
Article 7 – Responsibility and obligation of the customer
Any sending of unsolicited e-mail by their recipients is strictly prohibited. A proven spamming complaint from a recipient will result in termination of the hosting agreement. A proven complaint is formed when the sender of the message can not provide proof of voluntary registration of the complainant. Also included is spam made through poorly configured scripts present on the customer’s website.
Article 8 – Other liability
The customer is bound to respect the following rules when using the services offered by the OpenWorkSpace: to respect the laws and regulations in force, and more particularly the rules relating to the protection of the child and the youth, to the protection of intellectual property and the protection of personality rights, including but not limited to respect for the privacy of third parties and respect for the right to name and image. must not use the services offered by OpenWorkSpace to view or distribute immoral or illegal content. It is forbidden to use the Services provided by OpenWorkSpace to call for the commission of criminal acts or to participate in them. It is likewise forbidden to pronounce or disseminate instructions to commit criminal acts. The personal data exchanged must be treated confidentially.
Article 9 – Responsibility for content distributed by customers
The customer is the one and only person in charge of the contents which he diffuses thanks to the Services provided by OpenWorkSpace. Thus, the customer guarantees to have the rights necessary for the diffusion of the Contents. No liability is incumbent upon OpenWorkSpace. The Content disseminated via the Services by the Customer or any person to whom it would allow through the use of Services does not reflect in any way the opinions and points of view of the OpenWorkSpace. Thus, OpenWorkSpace can in no way be held responsible for the accuracy, nature or relevance of the Content disseminated by its Customers and users of their Services. The Client is the sole judge of completeness, accuracy, relevance and usefulness and OpenWorkSpace therefore encourages Customers to use the Services made available to them with discretion and to bear the risks arising from them. . The Customer is solely responsible, in respect of OpenWorkSpace and third parties, for any damages, direct or indirect, of any nature whatsoever, caused by content or any other element communicated, transmitted or distributed by you through the Services, as well as any breach of this contract.
Article 10 – blocking and deletion of contents
OpenWorkSpace is entitled to refuse content that you have made available through the Services. If there are serious suspicions that content violates applicable law or these Terms and Conditions, especially in the event of a serious protest by a person alleging infringement or damage, OpenWorkSpace is reserves the right to terminate the account and associated services.
Article 11 – Malicious act
OpenWorkSpace reserves the right to interrupt the Internet connection of the Service rented to the Customer, if this Service constitutes a danger for maintaining the security of the hosting platform of the OpenWorkSpace, that either following a hacking of said server, or following the detection of a flaw in the security of the system, or a need to update the server. Any malicious acts, or piracy that would be transmitted to us by our operator will be the subject of legal proceedings. The Customer undertakes to recover all the costs necessary to restore the platform to working order and the resolution of any other damage he may have caused. The Customer agrees to compensate the OpenWorkSpace for the damage.
Article 12 – Customer Contact
Article 12-1 – Mandatory Information
The customer declares to be over 18 years old and to have full legal capacity. To benefit from the services offered by OpenWorkSpace and to obtain access to the services offered, the customer undertakes to communicate his exact personal details to OpenWorkSpace, he is the only guarantor of the accuracy of the information declared on about. The customer undertakes to keep the contact email address and the postal address declared on the web interface openworkspace.cloud for the duration of his rental and this information must be valid.
Article 12-2 – Changes to Personal Information
The customer undertakes to maintain his information and personal details declared on the site openworkspace.cloud. The beneficiary / customer is responsible for providing real contact information to OpenWorkSpace and updating them in case of change. OpenWorkSpace can not be held responsible for any consequences that the customer and / or third parties may suffer in the event that the beneficiary / customer has failed to notify and stipulate to OpenWorkSpace any modification. The customer will have to contact the customer service at OpenWorkSpace Net to modify his personal information.
Article 12-3 – Confidentiality “Protection of personal data”
OpenWorkSpace must communicate the personal information concerning the customer at the request of the latter and, if necessary, have them rectified, in accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and liberties. According to the law n ° 2000-719 of August 1st, 2000, the coordinates declared by the customer will be able to be communicated on requisition of the judicial authorities.
Article 13 – Liability
The customer acknowledges that the proper functioning of the services offered by OpenWorkSpace is related to the access to the Internet network constituted by the global interconnection of computer networks, which do not provide any guarantee as to the permanence service and maintaining its performance. OpenWorkSpace Net is held only by an obligation of means. Access protected by usernames / logins and passwords that customers promise not to communicate to anyone. They must maintain the exclusive confidentiality of passwords that OpenWorkSpace delivers using a script or a robot to generate the passwords. Customers must maintain the confidentiality of access under their sole responsibility.
Article 14 – Force Majeure
OpenWorkSpace can not be held liable in the event of an insurmountable and unpredictable event that constitutes events of force majeure or fortuitous “special events”, such as those usually accepted by the jurisprudence of the Courts and Tribunals. French as any interruption of telecommunications, whatever the equipment or the network in question, since they are not under the control of the OpenWorkSpace.
Article 15 – Duration
This contract is concluded for a duration equivalent to that of the chosen offer from the date of registration of the customer on the sites openworkspace.cloud and from the acceptance of these terms and conditions, ie as from the payment relating to the purchase / rental of the service ordered on the different sites or others being the property of OpenWorkSpace. The contract is renewed for an equivalent period from the receipt of the payment of the subscription. Any default or late payment by the customer leads to the automatic termination of this contract and therefore the closure of the service without prior notice. The customer will renew his contract from his administration console by validating his payment. Regardless of the product or service, OpenWorkSpace can not be held responsible for the partial or total non-receipt of one or more e-mails or letters of revival and renewal of contract.
Article 16 – Tariff
In principle, the rates set up by OpenWorkSpace Net are fixed and in euros. However, OpenWorkSpace is authorized to increase prices at any time during the contract, for the purpose of updating. OpenWorkSpace Net will inform the Customer of the planned increase and its right to object, within six (6) weeks of receipt of the message. The tariff revision will be deemed acquired and applicable if, within the notice period referred to above, the Customer does not object in writing (to be sent by registered letter with acknowledgment of receipt), notifying the termination of the contract binding it to OpenWorkSpace. The rates displayed on the site openworkspace.cloud are displayed in TTC (All Taxes included) and are payable in euros applicable on the day of the order.
Article 17 – Payment
The price of the service is determined according to the conditions attached on the service subscription form. The rent is payable in advance (term to expire) for contracts packs and suites applications offered by OpenWorkSpace. The method of payment used by OpenWorkSpace will be by default the bank transfer. Failure to respect your rental and your commitments immediately entails a suspension of your services or termination of the contract and related services. The payment of the monthly subscription will take place on the monthly anniversary date of the contract in the case of a levy on the credit card or personal account.
Article 18 – termination
By way of derogation from Article L.121-20-2 of the French Consumer Code, the Customer no longer has the right to withdraw from the date and time of service provision. It is important to note that the service is set up instantly in case of payment by paypal. Notwithstanding Article L.121-20-1 of the French Consumer Code, the Customer has a right of withdrawal of 7 (seven) days, if the service has not yet been set up (especially when ‘a problem of installation of the service, a pre-order). This right of withdrawal is made by message on the support service which is at the following address: http://www.openworkspace.cloud, and entitles the customer to the reimbursement of sums already paid by him within a period of thirty (30) days from receipt of notice. Any request for retraction that does not comply with the legal deadline or the formalities of the preceding paragraph will not be taken into consideration. To terminate the service, the customer simply does not have to renew the service.
Article 19 – Mediation
In case of disagreement between the customer and the OpenWorkSpace, you must first make your claim to OpenWorkSpace by registered letter. If this does not stop it, you can contact the internal mediation service, whose contact details will be provided on request.