Published on June 17th, 2021 by Thibaut Collette
Husprey SAS, a company with a nominal capital of €6.000, having its registered office at 79 cours Richard Vitton, 69003 Lyon, France and registered with the company number 884 637 240 (the "Company").
The “Websites” means Husprey’s websites, including without limitation our commercial website https://husprey.com, and our web application https://app.husprey.com, and any urls related to husprey.com or husprey.net domains.
The “Service” means Husprey’s product, applications and services, in each case in whatever format they may be offered now or in the future.
2.1. These terms of Use (the "Terms of Use") apply to the agreement (the "Agreement") entered into between the Company and the customer (the "Customer") and through which the Company provides the Customer with the Service. The Company and the Customer are individually referred to as a "party" and collectively as the "parties" to the Agreement.
2.2. All publicly displayed pricing and features of the Service (e.g. online or on informative brochures) are provided for information purposes only. Only the pricing and features included in the offer communicated to the Customer may be binding to the Company. The period of validity of the offer is thirty (30) days unless otherwise specified in the offer.
2.3. The Customer accepts the offer for the Service, as the case may be, by accepting in writing or by sending back a signed purchase order issued by the Company or by confirming in writing to the Company (including by email) that the Customer subscribes to the offer for the Service.
2.4. By accepting the offer, the Agreement enters into force, the Customer consents to the application of the Terms of Use and waives the application of any conflicting provisions of any purchaser Terms of Use or any other document emanating from the Customer which, in the absence of this article, would conflict with the Terms of Use. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Customer is subject (such as, for example, public procurement rules) prevail over the provisions of the Terms of Use.
3.1. The Company undertakes to use its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.
3.2. If the Company offers the hosting of the data on the Software, the Company excludes any guarantee regarding the level of availability, backup and restoration of such data.
4.1. Throughout the term of the Agreement, the Company grants to the Customer, in exchange for the payment of the price, a non-exclusive, non-transferable and non-licensable worldwide license to use the Software and limited to the functionalities to which the Customer has subscribed, subject to payment in full of the price by the Customer and subject to compliance by the Customer with its obligations under the Agreement.
4.2. The Customer refrains from:
4.3. The Customer acknowledges that all elements made available by the Company to the Customer (e.g. texts, images, photos, logos, databases, the functionalities and interface of the Website and the Software, etc.) may be protected by one or more intellectual property rights (including copyright, trademark rights and rights related to the production of databases) of which the Company is the holder. The Customer must refrain from using or reproducing these elements and deleting or adapting any references to associated intellectual property rights.
5.1. In exchange for the use of the Service, the Customer pays the Company the price set out in the offer accepted by the Customer. The price must, unless otherwise specified, be considered as expressed in euros (EUR) and exclusive of value added tax (VAT).
5.2. The price is set, as the case may be, on a fixed basis, on a periodic basis (annually, monthly, etc.) or on a per-use basis. The price may, where applicable, detail other costs related to the use of the Service (such as, for example, delivery costs, packaging costs, transportation costs, installation costs, migration costs, support and maintenance costs, etc.).
5.3. The Company reserves the right to change the price of the Service at any time and must inform the Customer in writing. Unless otherwise indicated in the information provided to the Customer, the new price shall take effect on the first day of the second month following the date of communication of the price change. The Customer may object to the application of the new price by sending a written notice to the Company, which has the effect of terminating the Agreement as of the date on which the price change takes effect.
6.1. The Company issues an invoice and communicates the invoice to the Customer. The Customer must pay the elements of the invoice immediately and at the latest before the due date (which is set to thirty (30) days after the date of issue, unless otherwise specified on the invoice).
7.1. To the extent permitted by applicable law:
8.1. The Agreement is entered into at the time of acceptance of the offer by the Customer and for an indefinite period of time.
8.2. Either party may terminate the Agreement by giving unambiguous notice to the other party of its intention to terminate the Agreement. The Agreement will automatically terminate at the end of a period of one (1) month from the date of the sending of the notice.
8.3. To the extent permitted by applicable law, the Company will not refund to the Customer any amount paid by the Customer at the end of the Agreement (regardless of the cause of the end of the Agreement).
9.1. The Company reserves the right to modify at any time all or part of the provisions of the Terms of Use. The Company must inform the Customer by making available to the Customer the new version of the text of the Terms of Use. Unless otherwise indicated in the information provided to the Customer, the provisions of the new version of the Terms of Use will apply to the contractual relationship between the Company and the Customer on the first day of the second month following the date of the sending of the information. If the Customer objects to the application of the provisions of the new version of the Terms of Use, the Agreement will automatically terminate on the first day of the second month following the date of the sending of the information (it being understood that the penultimate version of the Terms of Use will continue to apply to the contractual relationship between the Customer and the Company until the end date of the Agreement)
10.1. The parties are validly informed or notified in writing of the actions set out in the Agreement (e.g. receipt of an invoice, receipt of notice of termination of the Agreement, etc.) by email to the email address of the contact person set out in the last invoice issued by the Company, or in the absence of that, to the email address of the contact person set out in the offer, or in the absence of that, to an email address through which a party (or one of its representatives) has interacted in the context of the execution of the Agreement.
10.2. To the extent necessary, the Customer acknowledges that the Company's invoice must be considered to have been sent to the Customer when it is communicated by email to the Customer's contact person.
