General conditions of sale of the company ProgiCom

Terms and Conditions of Sale of the company ProgiCom.

Preamble

ProgiCom company markets mobile applications in the service and industry fields.

The present general conditions of services are brought to the knowledge of the customer by hypertext link on the page of the websites www.progicom.co.za of the company ProgiCom.

Consequently, the fact of placing a subscription, an application or a service with ProgiCom by the Subscriber implies its complete and unreserved acceptance of these General Terms and Conditions. In the rest of this document, a difference will be made between the Subscriber, also called Customer, the contract and the User applications and services, these people may be different. The Subscriber guarantees that the User understands the following conditions.

The fact that ProgiCom does not enforce one or the other clause established in its favor in these conditions, can not be interpreted as a waiver on its part to use it.

Article 1: object

These terms and conditions are intended to define ProgiCom's commitments to beneficiaries of mobile applications in the service and industry fields.

These commitments are:

The installation and maintenance of ProgiCom applications on GSM mobile compatible and used by the Customer.

Mobile remote management and telemonitoring:

  • Organize the transmission and processing of data to the customer's information system.
  • Organize the transmission and processing of data to the AlyaManager information system.

Isolated Worker Protection (ITP) and Isolated Worker Alert (DATI):

  • Organize the automatic connection (voice and data) with the designated interlocutors and locate the user through the satellite or GSM localization systems.

Article 2 - territoriality

The services are provided in metropolitan France (including Corsica and DROM) and cover the entire operational area of ​​the French mobile telecommunication operators of the GSM service.

Article 3 - benefits

The remote management services provide a service of automatic transmission of data to third parties via GSM networks.

ProgiCom benefits include:

- The installation and maintenance of ProgiCom applications on the Client's compatible GSM mobile.

- Professional applications of remote management and telemonitoring of mobile fleets:

  • Organize the transmission and processing of data to the customer's information system.
  • Organize the transmission and processing of data to the AlyaManager information system.

- Isolated Worker Protection (ITP) and Isolated Worker Alert (DATI) Solutions:

  • Organize the automatic connection (voice and data) with the designated interlocutors and locate the user through the satellite or GSM localization systems.

Equipment :

The equipment needed to activate the ProgiCom services may be sold by ProgiCom to the Subscriber with the subscription of a subscription to the services under the conditions defined below. The material is delivered with its accessories.

The radiocommunication service: ProgiCom works in collaboration with mobile operator partners who provide a radiocommunication service allowing the User, in metropolitan France in the areas covered by the French GSM networks, as well as, optionally, abroad with the assistance of local operators, to transmit and receive voice and data communications by means of a SIM card (Subscriber Identity Module) introduced in the mobile terminal.

Article 4 - Procedures for issuing the offer

Material:

The equipment is sold to the Customer by ProgiCom or by one of its partners, at the rate in effect at ProgiCom, or at its partners.

Delivery :

The delivery of the ProgiCom material is made to the address of the Subscriber, or to any other address indicated by him, in Metropolitan France and in Corsica. Delivery costs are billed to the latter. Subject to availability in stock, the material will be delivered within seven days of the signing of the Subscription Agreement. This period is indicative and any overrun can not give rise to damages, interest, withholding or cancellation of the Subscription Agreement.

However, if the delivery time exceeds thirty days from the date of dispatch of the Parts, the Subscriber may terminate the Subscription Agreement and obtain return of any sum paid.

Delivery is deemed made when the material is delivered to the customer. It is up to the Subscriber to make any possible claim concerning any damage and missing suffered during the transport. Said reservations must be confirmed within three days of receipt of the material by registered letter with acknowledgment of receipt sent to the carrier (copy of the mail to ProgiCom).

The paragraphs "Delivery" apply only in case of sale of the material by ProgiCom and not in case of sale by a distributor.

In case of nonconformity of the material, not related to the transport and noticed at the time of the delivery, the Subscriber undertakes to send by registered mail with acknowledgment of receipt his complaint to ProgiCom within seven days of the delivery, failing which the material will be deemed accepted. The equipment must be returned by the Subscriber or the User in its packaging and its original condition as soon as possible, accompanied by the delivery note, the corresponding invoice and the description to ProgiCom of the non-conformity. Replacement equipment will be returned within 10 days by ProgiCom. Return and replacement fees will only be charged to the Subscriber if ProgiCom has determined that non-compliance or malfunction is not attributable to ProgiCom or is not covered by the guarantee.

Use of material

The User must use the equipment in accordance with the recommendations contained in the user manuals attached to the shipment of the equipment. In particular, the Customer is informed that the material must not be disassembled or opened.

Warranty: ProgiCom warrants the equipment against defects in material, workmanship or design, parts and labor for a period of one year from the date of delivery. Interventions under the guarantee can not have the effect of extending the duration of the guarantee.

The opening of the material by the Customer or any person not authorized by ProgiCom, for any reason whatsoever, puts an immediate end to the guarantee.

In addition, are excluded from the warranty defects and deterioration caused by natural wear or an external accident or by use of equipment not in accordance with the manual of the equipment and shocks, immersion in the water, theft, loss and breakage.

In addition, the Subscriber will be able to access his personal space on the "www.ProgiCom.co.za" site in order to consult and manage his private information, his directory as well as certain technical parameters of his application.

To do this, ProgiCom will send to the Subscriber, at his request, the identifiers (username and password) by simple letter or email to the name and address declared by the Subscriber.

SIM card

The SIM card remains the elusive, inalienable and unassignable property of ProgiCom or its partner. As a guardian, the User is responsible for the use and preservation of the SIM card.

Article 5 - Subscription to the offer

Whatever the modality of subscription to the offer, the Professional Client undertakes to provide the following documents (the "Professional Parts"):

  • a K bis extract of less than three months (commercial or corporate client) or SIREN extract of less than three months (association or independent profession),
  • a proof of identity of the legal representative (natural person) of the company subscribing to the service, or of the person duly authorized by the legal representative of the company to subscribe to the Service,
  • a bank account statement (RIB).

The subscription to the offer is materialized by the conclusion of a Subscription Agreement. The terms of conclusion of the Subscription Agreement differ according to the method of subscription to the offer.

retraction

In the case of distance selling by telephone or internet (Article L 121-20 of the Consumer Code) or door-to-door solicitation (Article L 121-25), the Customer natural person acting on a non-professional or non-commercial basis shall benefit from an option to retract that it can exercise within seven clear days following the acceptance of the offer by its care, which coincides with the moment of the subscription and, at the latest and in any event, with the instant activation of the service and / or SIM card.

When this period expires on a Saturday, Sunday, public holiday or holiday, this period is extended until the last working day.

When the right of withdrawal is exercised, the Customer returns, at his own expense in their original condition, not degraded or modified, to ProgiCom, all the materials ordered, and ProgiCom reimburses him all the sums paid.

Article 6 - Customer Assistance

The Customer must call ProgiCom for any support request. The call numbers are posted on the website of ProgiCom.

Update apps:

ProgiCom will provide free patches and updates of applications made available to the customer.

Warranty:

ProgiCom warrants to the Customer the backup, security and return of the data that has been sent to its servers, as transmitted to it, to the exclusion of any other express or implied warranty.

Article 7 - Deliveries and deadlines

ProgiCom undertakes to respect the deadline for making the service available on the order form. However, ProgiCom is dependent on the active collaboration of the customer. ProgiCom can not be held responsible for any delay in case of failure by the customer to the obligations.

Article 8 - Responsibilities

By mutual agreement between the parties, ProgiCom's commitment is based on an obligation of means and not of result.

Exclusions of liability common to all ProgiCom services

ProgiCom can not under any circumstances be held liable for any damage resulting from one of the following causes:

  • Consequences of explosive devices and radioactive nuclear effects,
  • Consequences of attacks, civil or foreign war, riots, strikes, piracy, official prohibitions, seizures or constraints by the public force,
  • Consequences of exceptional climatic events.

Exclusions of specific responsibilities related to the benefits of ProgiCom

ProgiCom can not under any circumstances be held liable for any damage resulting from one of the following causes:

  • Failure of telephone networks, terrestrial or mobile,
  • Malfunctions of mobile GSM communication networks used by the Customer.
  • Exceeding the connection capacity of the GSM network.
  • Costs related to the use of the GSM network.
  • Failure of data networks, terrestrial or mobile,
  • The change of the telecommunication operator, terrestrial or mobile, by the customer,
  • Disconnection of the ProgiCom system power supply system or failure of the power supply.
  • Intervention costs of public or private rescue services,
  • Impacts on the Client's systems and software.
  • Malfunctions due to unauthorized changes to ProgiCom applications.
  • Suspensions or stoppages of the service for a cause attributable to the Customer.
  • And, more generally, any fact beyond the control of ProgiCom.

ProgiCom leases its servers to third-party companies. All maintenance, as well as technical problems that may arise from a malfunction of a server can not be attributed to ProgiCom.

Article 9 - Obligations of the client

The obligations of the customer are as follows:

  • Follow the instructions for using ProgiCom equipment and applications.
  • Use materials and applications according to their normal use.
  • Warn ProgiCom of any abnormality or malfunction.
  • Do not modify, decompile, or change installed hardware, applications, and software.
  • Ensure that you have sufficient GSM coverage.
  • Only use ProgiCom services for its own use.
  • Warn ProgiCom of any changes to directories, files.
  • Through his profile installed on the servers ProgiCom, inform the system of any change in the information of his organization.

Article 10 - Identification and passwords

The Client is solely responsible for the designation of persons having access to the services of ProgiCom. When their identification depends on a username and password, the Customer is solely responsible for their use. Each user must use their own user name to avoid interference that may render the service unusable. The Customer is solely responsible for the choice and retention of passwords. They should never be released because they ensure the confidentiality of their data.

Article 11 - Tariffs, taxation, payment, tariff revisions

The applicable prices are calculated in accordance with the rates in force on the date of subscription or renewal of the subscription to the services of ProgiCom. The price due is indicated on the subscription request.

Tariff revision

  • Rates for applications, services and materials are subject to change without notice.
  • The tariffs of the electronic payments (SMS surcharges) are modifiable without notice.
  • Subscription rates may be subject to annual review. In the event of a rate increase, the subscriber will have one month from receipt of the notice of termination to terminate it.

Taxation:

The prices indicated on the subscriptions are expressed all taxes included according to the taxation system in force.

Subscription regulations

  • The service to be paid is that shown on our rates communicated to the customer at the time of acceptance of order.
  • Payment is made upon acceptance of an order by bank or postal check, by bank transfer, electronic payment (SMS surcharges) or credit card. An invoice can be sent to him by e-mail.

Payment incident

  • Any bank charges resulting from any payment incident will be invoiced to the subscriber.
  • From 1 January 2013, in the event of late payment in a transaction between professionals, a lump sum indemnity of € 40 for collection costs must be added systematically to the penalties of delay, due to the creditor.
    This new indemnity concerns all invoices paid late, even if the contract was concluded before January 1, 2013.
    If the recovery costs actually incurred exceed this lump sum, additional compensation on justification may be requested from the debtor.
    Unless otherwise stipulated in the conditions of sale or agreed between the parties, the payment period shall be 30 days after receipt of the goods or performance of the service. But if it is specified in the contract, the deadline can go beyond the 30 days, without exceeding 45 days days end of month (or 60 days from the billing). Decree No. 2012-1115 of October 2, 2012, OJ of October 4, 2012
  • in the event of late payment in a transaction between professionals, a lump sum indemnity of € 40 for collection costs must be added systematically to the late payment penalties due to the creditor. This new compensation concerns all invoices paid late, even if the contract was concluded before 1 January 2013. If the recovery costs actually incurred are higher than this lump sum, additional compensation on justification may be requested from the debtor. Decree No. 2012-1115 of October 2, 2012, OJ of October 4, 2012

Article 12 - Effective date and duration of the contract

Effective Date :

ProgiCom's services take effect on the date of actual availability of the application or equipment, subject to payment of amounts due, and any costs of preparation, delivery and installation

Duration:

Service subscriptions are contracted for a period of 36 (36) months from the effective date.

It will then be renewed by tacit renewal for successive annual periods.

Article 13 - Termination

Termination:

Each subscription can be terminated by one of the parties by registered letter with acknowledgment of receipt, at least three months before the annual expiry of the contract.

Anticipated termination :

In the event of non-payment of the subscription within thirty (30) days following the due date, ProgiCom will send, by registered letter, a formal notice to the subscriber of the subscription.

If within ten days of sending the notice, the subscription remains unpaid, ProgiCom may proceed to the immediate suspension of benefits provided under the subscription to services.

Within thirty days after the sending of the formal notice remained unsuccessful, the service agreement may be terminated automatically by ProgiCom, without prejudice to damages that may be claimed by the subscriber.

Article 14 - Transfer

ProgiCom reserves the right to assign its rights and obligations under this contract to any third party of its choice.

Article 15- Advertising

ProgiCom reserves the right to communicate the existence and terms of this contract, in particular for advertising and marketing purposes.

Article 16 - Intellectual Property

ProgiCom retains intellectual property over its software, applications, products and documents.

Article 17 - Validity

If a provision of these terms and conditions is recognized as invalid, the other provisions remain applicable and bind the parties, while the disputed provision would be replaced by a valid provision whose effects would be as close as possible to the original.

Article 18 - Data Protection Act

In accordance with the Data Protection Act No. 78-17 of 6 January 1978 and its implementing decrees, the customer has the right to access, modify, rectify and delete personal data concerning him, exercisable directly from ProgiCom - 4 rue Ampère - 22300 LANNION.

The customer authorizes ProgiCom to use his contact details and especially his email address to communicate commercial offers.

Otherwise, the customer will notify ProgiCom of his refusal to see his data used and / or communicated, by mail or e-mail specifying his name, first name, address, email address.

Article 19 - Modification

The customer is informed that the present general conditions of sale can be modified at any time. The version of the general conditions of online sale on the website www.ProgiCom.co.za will prevail, if necessary, on any other version of these general conditions of sale. ProgiCom reserves the right to modify, at any time, the characteristics of the service, without these modifications resulting in substantial modifications.

Article 20 - Dispute Resolution

By express agreement, the present contract will be governed by French law.

In case of disputes, the competent court is the Commercial Court of Saint Brieuc (22).