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Weloop

Dated August 2, 2022

 

 1.   FIELD OF APPLICATION

These conditions are applicable to contracts relating to the Services concluded between Weloop and its Client.

 

2.   DEFINITIONS

The description of the Services covered by a contract between Weloop and the Customer is detailed in the contract.

For the understanding and interpretation of the terms contained in the T&Cs, and its annexes, whether they are used in the singular or the plural, the Parties decide to refer to the following definitions:

  • “Subscription” means the period of subscription by the Customer to the Services.
  • “Administrator” means the User in charge on behalf of the Client of informing, organizing and managing the accounts of other Users (creation, modification, deletion) and provided with access to the Back Office.
  • “Parent Application” means the application, software, software package or any other element of the Customer’s Information system and which is intended to collect the Widget.
  • “Back Office” means all the web applications of the Services allowing the Customer to directly administer and configure them (creation of projects, graphic customization of the Widget, access to resources and technical configuration of the Services, management of User accounts, management of Administrators, etc.)
  • “T&Cs” Terms and Conditions of Use; Has the meaning given to it in the preamble hereto
  • “Content” means all messages, feedback and contributions exchanged by and between Users, as well as, in general, the information made available to the Customer or by the Customer in the context of the use of the Services.
  • “Quote” means the commercial offer issued by WeLoop and accepted by the Customer in parallel with the signing of the T&Cs.
  • “Contract” refers to the contractual framework between WeLoop and the client including the T&Cs and all annexes.
  • “Documentation” means all the documents and information transmitted by WeLoop to the Client (in particular through its website) describing all the Services and their conditions of use.
  • “Personal data” means, in accordance with the law “LIL” n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified, as well as the regulation “RGPD” 2016/679 of the Parliament European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the movement of such data, and repealing Directive 95/46/EC. (“Applicable Regulations”), any information relating to an identified or identifiable natural person  ; an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity.
  • “Confidential Information” means (i) any information protected by business secrecy within the meaning of Law No. 2018-670 of July 30, 2018; (ii) Personal Data; (iii) all information, analyses, studies, documents and, in general, all other information of any nature whatsoever (in particular strategic, technical, commercial, financial, legal or administrative), to exception of anonymized Content under the conditions defined in Article 5, of which one or the other of the Parties would have knowledge or communication, within the framework of the execution of the T&Cs, whether orally, in writing or on any other support.
  • “Licenses” means the provision of a WeLoop Widget and access to the corresponding Back Office.
  • “Data controller” means the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of processing.
  • “Services” means all the services offered by WeLoop as described in Article 2 below and in the WeLoop documentation.
  • “Processor” means the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
  • “User” means any natural person working on behalf of the Customer who benefits from the Subscription.
  • “Widget” means the contextualized conversational interface in the Parent Application.

 

3.   SERVICES

3.1.   Subscription to the Services

To benefit from the Services, the Customer must first accept the Quotation or the Contract. Any subscription to the Services entails a commitment on the part of the Customer to pay the price of the Subscription under the conditions defined in the Contract.

 WeLoop will acknowledge receipt of the subscription to the Services by any means at its convenience.

 

3.2. Access to the Services

In order to have access to the Services and once their subscription has been validated under the conditions defined in article 3.1, the Customer will be invited by email to create their WeLoop account. The integration of the WeLoop Widget into the Parent Application is done through workshops with the Customer Success Manager and the WeLoop technical teams identified for the Client. 

Access to the Services, User accounts, WeLoop scripts, are personal and confidential to the Client and to the Users. The Customer is entirely responsible for the conditions of integration and use of the WeLoop Widget.

 

3.3.   Basic features of the Services

 The Services are described under the Documentation. In particular, they offer the Customer the possibility of having centralized and online access to:

  • A space for exchanges between the Users of the Information System and the teams in charge of its development,
  • The Content of the various Users concerning all or part of its Information System,
  • Content analysis using WeLoop algorithms, or any other process, in order to assist it in its decision-making regarding the desired changes to its Information System ,
  • Content management within the framework of knowledge management relating to the information system.
  • An analytics block of the Parent Application if desired by the Customer.

 

The Customer also has the possibility of following the evolution of the Contents and their treatment through in particular a dashboard which allows him more particularly to measure:

  • The activity and the commitment of the Users,
  • The activity and the uses of the Parent Application.

 

The Content remains accessible to the Customer and to the Users throughout the duration of the Subscription.

 

3.4 Modification of the Services

WeLoop reserves the right to develop the Services, or their derivatives, by correcting, adding, modifying or deleting some of their functionalities. The changes made will be described by any written means at WeLoop’s convenience (e-mail or in a contextualized manner directly in the Back office, etc.).

 

3.5. Assistance

WeLoop provides Users with support to help them resolve any difficulties in using the Services. To this end, WeLoop provides Administrators with:

  • A support Widget allowing them to send any questions, report any possible malfunction, or proposed changes,
  • The WeLoop support contact email.
  • A live chat accessible from the WeLoop website www.weloop.io.

 

WeLoop undertakes to provide its support services in accordance with commercial practices and will make its best efforts to ensure that the Services and the support are accessible to Administrators on working days and hours, except for (i) the planned maintenance periods of which WeLoop will inform the ‘Administrator by any written means at his convenience (e-mail or in a contextualized manner directly in the Back office, etc.) and (ii) any unavailability attributable to a case of force majeure.

 

3.6.   Service level agreement

 As part of the service contract, WeLoop undertakes to

  • 99.99% availability
  • 24/7 technical support
  • Consideration of requests within 2 hours on working days between 8 a.m. and 8p.m.
  • Resolution of blocking anomalies in less than 72 hours.

 

3.7.   Control

The Client authorizes WeLoop to monitor its use of the Services. If a check were to reveal use of the Services outside the scope of the Subscription, the Customer would be ipso jure liable, without prior notice, for the amount of the difference between the price of the Subscription which he paid and that which he should have paid for the period running from the date of the first breach of the T&Cs or the Contract and the term of the current Subscription.

 

 4.   RESPONSIBILITIES

WeLoop implements within the framework of the Service the means necessary to:

  • Ensure secure hosting of Content against any malicious intrusion,
  • Encryption of data during transmissions to and from the Services.
  • Ensure the continuity and maintenance of the Services.

WeLoop reserves the right, in particular for reasons of maintenance or security of the Services, to suspend temporarily and in the event of an emergency without notice access to the Services or to some of its functions. 

WeLoop can only be held liable for established faults that are directly attributable to it. In particular, the Customer declares and acknowledges that he is perfectly informed of the characteristics of the Internet network and, in particular, that the transmission of data and information on the Internet network only benefits from relative technical reliability.

 

Except in the event of a breach of its contractual obligations, WeLoop shall not be liable to the Customer for, in particular:

  • Difficulties in accessing the Services,
  • Use of equipment not suited to the characteristics of the Services,
  • Failure and/or saturation at certain times of the Internet network or the Services hosting infrastructure over which WeLoop has no control,
  • Misuse of the Services by Users,
  • Misappropriation possible passwords and/or confidential codes of the Users, these being under their full responsibility.

The Customer acknowledges being solely responsible for the Content and more generally for all information exchanged between Users as well as for the use of the Services.

 WeLoop may only be held liable to the Customer for its direct, personal and certain damage linked to the failure in question, excluding indirect damage such as operating losses, commercial damage, loss customer base, any commercial problem, tax or social penalties, loss of data or files, or inability to access the Services.

WeLoop’s liability for all damages suffered by the Customer may under no circumstances exceed the amount of sums received by the latter under the Subscription during the year in which the damage occurred.

The Parties agree that this clause, in view of the nature of the Services, is neither derisory nor excessive, that it reflects the distribution of the risk between them and that it has been accepted by each of the Parties.

None of the Parties may be held liable for non-performance of the T&Cs insofar as this non-performance – or delay – and the impediment in the performance of their respective obligations result from a case of force majeure, fire, natural disaster, act of the prince or any other reason beyond its control such as strikes, interruptions of work, telecommunication services, delays of suppliers, disasters or accidents, provided that the party invoking one of these cases notifies the existence to the other by RAR within ten (10) working days from the occurrence of this event.

No action by either Party, in any capacity whatsoever and for any reason whatsoever, may be brought against the other Party after a period of twenty-four (24) months after knowledge of the fact on which she rests.

 

5.   GENERAL PROVISIONS

 5.1.   Full T&Cs

 The T&Cs express all of the obligations of the Parties with respect to its subject. They cancel and replace any previous document and agreement between the Parties and can only be modified by means of an amendment signed between them.

 

5.2.   Declarations of the Parties

Each of the Parties declares and recognizes:

–   Be aware of all the stipulations of the T&Cs and the consequences attached to them and declare that their consent is fully informed,

–   Refrain from contesting the opposability of the commitments subscribed by it in the T&Cs on the basis of any supposed lack of information, in particular of a legal nature.

–   Fully accept the risks, in particular economic, attached to the execution of the T&Cs and, as necessary, expressly waive the benefit of the provisions of article 1195 of the Civil Code in its wording resulting from n ° 2016-131 of February 10 2016.

 

5.3.   Reference

Each of the Parties is authorized to quote the other Party in its commercial references and on all promotional information media. On simple written notice, the Party cited in reference may ask the other Party to suspend this communication.

 

5.4. Partial invalidity 

If one or more stipulations of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final court decision, the other stipulations will retain their full force and scope.

 

5.5.   No Waiver

The fact for one of the Parties not to take advantage of a breach by the other Party, of any of the obligations referred to herein, cannot be interpreted as a waiver of the obligation in question.

 

5.6.   Securities

 In case of difficulties in interpreting any of the titles or intertitles placed at the head of a stipulation hereof, with any of these stipulations, the titles will be declared non-existent.

 

5.7.   Domiciliation

For the execution of the T&Cs and its consequences, the Parties elect domicile at their respective head office. Any change of address of one of the Parties must be notified in writing by the other Party by registered letter with acknowledgment of receipt.

 

5.8.   Convention on evidence

 In accordance with Article 1368 of the Civil Code, the Parties set the rules of evidence admissible between them within the framework of the T&Cs. The Parties accept that the recordings made by the WeLoop information system are admissible before the Courts and provide proof of the data and elements that they materialize in accordance with the requirements of article 1367 of the Civil Code. The Parties accept that the timestamping elements of the WeLoop information system are admissible before the Courts and provide proof of the data and elements they contain.

 

6.   CUSTOMER OBLIGATIONS

 The Customer refrains from any act likely to undermine the independence of Weloop or its employees.

The Customer undertakes to communicate, in all sincerity, to Weloop all the documents and information necessary for the proper performance of the Services, and in particular all the technical information documents at its disposal or easily constitutable, and this in accordance with the confidentiality and loyalty agreement present in these T&Cs (point 8).

When the Services are suspended due to force majeure or for any fact attributable to the customer, all the provisions of the contract remain applicable.

Each subscription to the Services is concluded in consideration of the Client. It may not be the subject of any assignment and/or transfer, in particular by way of merger, split, and/or partial contribution of assets, without the prior written consent of WeLoop.

 

7. FINANCIAL CONDITIONS

 The financial conditions, terms of payment and applicable guarantee are those agreed in article 4 of this contract.

If the Customer fails to pay one or more invoices on their due date:

  • Each of the unpaid invoices will automatically bear interest at the rate of 3 (three) times the legal interest rate, with a minimum lump sum compensation set at €40. in accordance with legal provisions, except when the collection costs incurred exceed the amount of this fixed compensation,
  • WeLoop reserves the right to immediately suspend all of the Services, for any reason whatsoever, until full payment of the sums due, and
  • All invoices issued by WeLoop for any reason whatsoever will be immediately payable.
  • Royalties: the customer agrees to pay all royalties appearing in the Order forms. Unless otherwise specified in this Agreement or in an order form, (i) royalties are based on the Services and Content subscriptions Ordered and not on their actual use, (ii) payment obligations are non-cancellable, all sums paid are non-refundable and (iii) the quantities ordered cannot be reduced during the relevant subscription period.

 

8. PRIVACY

 Each of the Parties acknowledges the strictly confidential nature of the Confidential Information of which it has had and could have knowledge and communication within the framework of the contract and the services. Consequently, each of the Parties undertakes to ensure the complete confidentiality of the Confidential Information received even after the end of the use of the services. As necessary, the Parties recall that the Content, once rendered anonymous by WeLoop for the purpose of improving the Services, is not subject to this Article.

It is agreed that the confidentiality obligations referred to above will not apply to Confidential Information which must be disclosed:

  • Pursuant to a legal or regulatory provision in force, but only within the required limits;
  • In the context of a legal or administrative procedure or investigation or in the context of a similar procedure initiated by a competent court or by a governmental administrative authority, but only within the limits required.

 This confidentiality agreement is concluded for the entire duration of the Subscription and for a period of five (5) years from its end, whatever the cause.

 It retroactively covers all the Confidential Information that has been communicated to each of the Parties or of which they would have had knowledge before the signing of the contract and the T&CS.

 

9. INTELLECTUAL PROPERTY

WeLoop grants the Customer a personal and non-transferable right to use the Services worldwide and for the duration of the Subscription. As necessary, it is specified that this concession includes the right for the Client and the Users, for the same duration and on the same territory, to use and reproduce the WeLoop script.

The Customer grants, for the same duration and the same territory, to WeLoop, its Affiliates and subcontractors, a right of hosting, reproduction and representation of the Content as well as the right, for the duration of protection of the property rights intellectual property, to use and incorporate into its Services any suggestion, request for improvement, recommendation, correction or comment made by Users in the Content once it has been anonymized. This right is irrevocable and applies without any financial compensation, which the Customer expressly accepts.

 The T&Cs do not imply any transfer of ownership or ownership of WeLoop’s intellectual property rights whatsoever.

 No rights, other than those expressly granted in the T&Cs, may be granted to the Client or to WeLoop.

 

10. ANTICIPATED TERMINATION

 In the event of non-performance of its obligations by one of the parties and after formal notice sent by the other party by registered letter which has remained without effect for a period of (thirty) 30 days, the contract will be terminated automatically, and in advance by the non-defaulting Party without prejudice to any damages that may be claimed by the injured party.

In the event of force majeure, the contract will be automatically terminated (article 1218 of the civil code).

 

11. PUBLIC LIABILITY

Pursuant to amended article 2254 of the Civil Code, Weloop’s civil liability can only be brought into play over a contractually defined period of 1 year from the events that caused damage to the Customer.

Any event likely to have consequences, particularly in terms of liability, must be brought to the attention of Weloop without delay by the customer.

Weloop’s professional civil liability is covered by an insurance contract taken out with the company Hiscox.

 

In particular, Weloop cannot be held liable in the event that the damage suffered by the Customer is a consequence of:

  • Incorrect information or fault or negligence committed by the customer or its employees,
  • Delay or failure of the customer to provide necessary information to Weloop,
  • Faults committed by third parties intervening with the Customer.

 

12.   MANAGEMENT OF PERSONAL DATA

 12.1.   Definitions

 As part of the contract between Weloop and the Customer:

  • The DCP more specifically designate the Personal Data relating to the Customer’s employees that Weloop is required to process for the purposes of providing the services subscribed to by the Customer;
  • The Client acts as data controller;
  • Weloop acts as a subcontractor.

 

12.2.   General obligations relating to the processing of personal data

Each party will comply with the provisions of the law “LIL” n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified, as well as the regulation “RGPD” 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the movement of such data, and repealing Directive 95/46/EC. (“Applicable Regulations”).

Customer hereby consents to such processing and transfers. He confirms that he has obtained, where applicable, all the necessary consents from the persons concerned by the data. The persons concerned by the data have a right of access, rectification and opposition, under the conditions established by law. These rights can be exercised by sending an email to the following address : privacy@weloop.io

 

12.3. General information on outsourced operations

The Customer in its capacity as Data Controller, entrusts Weloop, as Subcontractor, with the Services described more precisely in the Contract.

 

12.4.   Customer Obligations

The Client undertakes, in accordance with article 5 of the GDPR, that the personal data be :

  1. Processed in a lawful, fair and transparent manner with regard to the data subject (lawfulness, fairness, transparency);
  2. Collected for specified, explicit and legitimate purposes, and not further processed in a manner incompatible with those purposes (purpose limitation);
  3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimization);
  4. Accurate and, where necessary, kept up to date; personal data which is inaccurate, having regard to the purposes for which it is processed, will be erased or rectified without delay (accuracy);
  5. Kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary with regard to the purposes for which they are processed (retention limitation) ;
  6.   Processed in such a way as to ensure appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (integrity and confidentiality).

 

The Customer undertakes in particular to inform its employees that its DCPs are likely to be transmitted to Weloop within the framework of the Weloop Services used by the Customer.

 

12.5.   Bonds of Weloop

Weloop will provide the necessary assistance to the Customer, at the latter’s request, to enable it to comply with its obligations under the Applicable Regulations insofar as Weloop intervenes in the performance of said obligations under the Contract.

 

For the purposes of the execution of the Contract Weloop, in its capacity as Subcontractor, undertakes to:

  1. Process personal data within the framework strictly necessary for the execution of its missions and according to the documented instructions of the Client appearing in the Contract;
  2. Ensure that persons authorized to process personal data undertake to respect confidentiality;
  3. Take all useful precautions to preserve the confidentiality and security of personal data and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties ; more generally, Weloop undertakes to implement the appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, distribution or unauthorized access; Weloop undertakes to ensure compliance with its measures by all persons required to process personal data under its responsibility. ; These security measures can be made available at the Customer’s request;
  4. Not grant, rent, assign or otherwise communicate to a third party all or part of the personal data, whether for a fee or free of charge;
  5. Not to use the Personal Data for purposes other than those provided for in the Contract, in particular for commercial prospecting, marketing or other purposes ;
  6.   Delete the DCPs at the Customer’s request and according to its documented instructions, subject to the legal obligations applicable to Weloop;
  7. Respond as soon as possible to any request from the Client relating to the personal data in order to allow the latter to take into account, within the time limits, any requests from the persons concerned (right of access, right of rectification, right of destruction, etc.) ;
  8. Inform the Customer as soon as possible :
  • Any request from the persons concerned by the processing of personal data that would reach Weloop directly;
  • Any request from the CNIL or any other competent authority concerning the DCP processing carried out on behalf of the Client;
  1.   Cooperate with the Client in the event of a requisition, injunction, formal notice issued by the CNIL or any other competent authority and involving the processing of personal data carried out for the Client, and assist the Client in preparing the responses to be provided to these authorities;
  2.   Inform the Client of any modification or change concerning him that may have an impact on the processing of personal data carried out on behalf of the Client. ;
  3. Do not subcontract the performance of the services to a third party without the Customer’s agreement. In general, the Customer is informed and accepts that Weloop uses a host identified in the appendix concerning security measures;
  4.   Report to its own subcontractor the obligations imposed on it by this clause, in accordance with the Applicable Regulations;

Mr. Do not transfer  personal data outside the European Economic Area to a country which is not recognized by the European Commission as having a sufficient level of protection, in particular in the case of hosting, without the Customer’s prior authorization and without the having given prior notice at least three (3) months before the planned date of the transfer (whether in particular the hosting of personal data outside the European Economic Area or the provision of maintenance services if these services include remote access to personal data), in order to allow the Client to carry out all prior formalities required by law. In the event of transfer of data outside the European Economic Area, the Firm undertakes to provide the Client with all the information and all the assistance necessary for the fulfillment of its obligations as Data Controller;

not. If Weloop has become convinced of the existence of a security breach, loss or alteration of personal data processed on behalf of the Client, Weloop undertakes to:

  • Notify the existence of this incident to the Client as soon as possible,
  • Refrain from communicating on this incident,
  • Assist the Customer in the implementation of actions intended to put an end to this fault, and to repair the damage that this fault is likely to have caused;
  1. Make available to the Customer all the means, information and documents useful and necessary to help him in carrying out impact analyzes relating to the protection of Personal Data or the prior consultation of the competent supervisory authority, when the impact analysis concerns the Processing implemented under the Contract.

 

 

Weloop’s Data Protection Policy is available online on Weloop’s website.

 

In particular, the rights can be exercised by sending an email to privacy@weloop.io or by post to the Data Protection Officer at the following address: Frontbox, 5 avenue du Général de Gaulle, 94 160 Saint-Mande. Chaque demande sera traitée dans les meilleurs délais, sous réserve de justifier de l’identité du demandeur en joignant une copie de son titre officiel d’identité et un numéro de téléphone à son e-mail ou courrier.

 

Weloop a nommé un Délégué à la Protection de Données (DPO) en la personne morale de BDO Stratégie et Performance désigné à la CNIL sous la référence DPO-118888.

 

12.6.   Audit

Sur demande écrite du Client, et à intervalles raisonnables, Weloop mettra à sa disposition la documentation nécessaire pour démontrer le respect de toutes ses obligations et pour permettre la réalisation d’audits sur pièces par le Client ou par un autre auditeur mandaté par le Client à cet effet soumis à un accord de confidentialité.

Les Parties conviennent que le Client pourra, dans la limite d’une fois par an, également faire procéder à un audit sur site à ses frais, moyennant le respect d’un préavis minimum de quinze (15) jours ouvrés, des conditions de réalisation par Weloop des Traitements de Données à caractère personnel prévus par le présent contrat.

Préalablement à la réalisation d’un tel audit sur site, le Client et Weloop devront convenir de son étendue, son calendrier et sa durée.

Au cas où le rapport d’audit ferait apparaître un non-respect substantiel des obligations, Weloop s’engage à mettre en œuvre, à ses frais, les mesures correctives nécessaires dans un délai à convenir entre les Parties en fonction de la gravité des manquements et/ou non-conformités et/ou des risques qu’ils font peser sur les personnes.

 

12.7.   Conséquences de la fin du Contrat

Au terme du Contrat pour quelque cause que ce soit, Weloop s’engage sur demande écrite du Client ou selon les instructions définies dans le Contrat :

  • A détruire l’ensemble des Données à caractère personnel traitées pour le compte du Client ; ou
  • A renvoyer toutes les Données à caractère personnel au Client dans un format lisible et facilement exploitable informatiquement.

 

Le renvoi doit s’accompagner de la destruction de toutes les copies existantes dans les systèmes d’information de Weloop, à moins que le droit de l’Union européenne ou le droit d’un État Membre auquel Weloop est soumis n’exige la conservation des Données à caractère personnel.

 

12.8. Tenue d’un registre des traitements

Weloop déclare tenir par écrit un registre de toutes les catégories d’activités de Traitement effectuées pour le compte du Client comprenant :

  • Le nom et les coordonnées du Client, des éventuels sous-traitants ultérieurs et, du délégué à la protection des Données à caractère personnel ;
  • Les catégories de Traitement effectuées pour le compte du Client ;
  • Le cas échéant, les transferts de Données à caractère personnel vers un Pays tiers ou à une organisation internationale, y compris l’identification de ce pays tiers ou de cette organisation internationale et, dans le cas des transferts visés à l’article 49, paragraphe 1, deuxième alinéa du RGPD, les documents attestant de l’existence de garanties appropriées ;
  • Dans la mesure du possible, une description générale des mesures de sécurité techniques et organisationnelles.

 

Sur demande écrite, le Prestataire met à la disposition du Client ses fiches de traitement le concernant issues du son registre sous-traitant.

 

13.   DROIT APPLICABLE

 Le présent contrat est soumis aux lois françaises

 

14.   REGLEMENT DES LITIGES – JURIDICTION COMPETENTE

Le présent contrat est conclu et sera exécuté de bonne foi par les Parties qui s’engagent à examiner ensemble, dans le plus grand esprit de concertation, tout différend qui pourrait survenir quant à son existence, son interprétation ou son exécution.

En cas d’échec de leur négociation directe et avant toute saisine des juridictions compétentes, les Parties s’engagent à mettre en place un processus de médiation :

  • Soit en ayant recours à un service de médiation ou une association de médiateurs : à cet effet les Parties soumettront leur différend à la médiation de leur choix (exemple : le Centre de Médiation et d’Arbitrage de Paris, le Médiateur des entreprises …),
  • Soit en ayant recours à un médiateur es qualité : à cet effet les parties soumettront leur différend à un médiateur choisi d’un commun accord.

La durée de la médiation ne pourra excéder 3 mois, sauf accord contraire des parties.

Lorsque la médiation est réalisée à titre lucratif, et selon l’accord des Parties, les honoraires du médiateur seront :

  • Soit partagés par moitié par les parties,
  • Soit pris en charge par l’une des entreprises.

En application de cette clause de médiation, tous les échanges effectués entre les parties seront, sauf accord des Parties, confidentiels pendant une durée illimitée.

En cas d’échec de cette médiation et en ultime recours, les parties s’engagent à soumettre tout litige

aux compétences exclusives du Tribunal de Commerce de Paris.

 

15.   ACCEPTATION DES CONDITIONS GENERALES D’UTILISATION

 Le client reconnaît avoir reçu, pris connaissance et accepté les présentes conditions générales d’utilisation.