Preamble
The Services are provided by Beavr SAS with share capital of €20,000, whose registered office is at 16, rue de Lancry 75010 Paris, registered with the Paris Trade and Companies Register under number 909 074 593, duly represented by its Chairman Pierre Poirmeur, publisher of the www.trustditto.com website and the cloud.ditto.fr application. Ditto, formerly known as BEAVR, is operated by Beavr SAS.
These "General Terms and Conditions of Sale and Use" ("GTCSU") apply to the use of the Website, accessible at www.trustditto.com, to the use of the Application, accessible at cloud.ditto.fr, and to all the Services offered by Beavr SAS, and are intended to govern the contractual relationship between Beavr SAS and the Customer.
They are accepted electronically or by signature of a quotation by the Customer at the time of the Order. The GCSU take precedence over all contractual documents issued by the Customer. They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the GCSU. The Customer acknowledges having read and understood the GTCSU and agrees to be bound by them. If Beavr updates or modifies the GTCSU, they will be shared with the Customer, who undertakes to take note of these modifications before renewing his/her Order.
ARTICLE 1 - DEFINITIONS
For the purposes of these General Terms and Conditions, the following capitalised terms shall have the meaning given to them below, unless the context otherwise requires:
“Beavr” (or “Ditto”) means Beavr SAS, the legal entity operating the Services. References to “Beavr”, “Ditto”, “we”, “our” or “us” have the same meaning in these GTCSU.
"Ditto": The company Beavr, a SAS with capital of €20,000, whose registered office is at 16, rue de Lancry 75010, Paris, registered in the Paris Trade and Companies Register under number 909 074 593, duly represented by its Chairman Pierre Poirmeur, publisher of the www.trustditto.com website and the cloud.ditto.fr application.
"Site": The Internet Site accessible at www.trustditto.com, the infrastructure of which has been developed by Beavr in accordance with computer formats usable on the Internet, including
data of various kinds, including text, sound, still or animated images, videos and databases.
"Application": The online application accessible at the address cloud.ditto.fr, the infrastructure of which has been developed by Ditto in accordance with the computer formats usable on the Internet, comprising data of various kinds, and in particular text, sound, still or animated images, videos and databases.
"Customer": any legal entity or natural person using one or more Services for professional purposes as part of their commercial, industrial, craft, liberal or agricultural activity, including when they are acting in the name of or on behalf of another professional.
"Order": Request for subscription to Ditto Services by the Customer via electronic or handwritten signature of a quotation. The tacit renewal of the Ditto Subscription under the conditions set out in the article "Duration and content of the Ditto Subscription" is also considered to be an order within the meaning of these terms and conditions.
"User": Any natural person or legal entity, acting in the context of their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional, of legal age and capacity, browsing the Site.
"Services": All services provided by Beavr.
"Subscription": A commercial package that includes various Services provided by Beavr, invoiced monthly or annually, and tacitly renewed.
"Content": Any document, guide, article, tool or video/audio file that can be accessed or downloaded from the Site.
"Subscription Period": Period during which the Customer subscribes to a Ditto Subscription and has access to the Application. Unless otherwise specified in the Quotation, the Subscription Period corresponds to a fixed period of one (1) year, renewable indefinitely for the same period by tacit agreement.
ARTICLE 2 - PURPOSE
This document constitutes the GTCSU and is intended to define :
- the terms and conditions of use of the Services and the Site;
- the respective obligations of the parties.
Use of all or part of the Services constitutes full and unconditional acceptance of these GTCSU.
ARTICLE 3 - GENERAL PRESENTATION
Beavr is a digital solution that supports its Customers in collecting and centralising their extra financial data, extra-financial reporting, managing their impact and preparing for CSR certification or labelling. To use the Application, the User must have a device enabling him/her to connect to the Internet.
At the Customer's request, Beavr also provides personalised support services for a fee. These services are subject to an estimate and consist in particular of helping the Customer to identify and prioritise the main indicators in order to improve its impact approach, to define and configure its action plans on the platform, and to highlight its commitments in its internal or external communication.
ARTICLE 4 - ACCOUNT
1. Create an account
Use of the Application and Services may be conditional upon the creation of an account with Beavr (the "Account").
The creation of an Account is open to any natural person (aged at least 18 and enjoying full legal capacity) or legal entity legally constituted and acting through a duly authorised representative.
Beavr creates an account for the Customer after the Quotation has been signed. For the first connection to his/her account, the Customer uses the e-mail address communicated to Beavr and a temporary password generated by Beavr, after which he/she defines a secret, personal and confidential password. For all subsequent connections, the Customer uses his/her e-mail address and personal password.
The Account identifier and password must not be communicated to third parties. The User is responsible for maintaining the confidentiality of his/her username and password, for restricting access to his/her computer, and for all activities that occur under his/her Account or with his/her username and password. The same password as the one associated with the Beavr account should not be reused in other applications. If the User discovers or has reason to believe that his/her password is known to someone else, or that it is being used or is likely to be used in an unauthorised manner, he/she should inform Beavr immediately by sending an e-mail to the following address: contact@trustditto.com.
2. Closure of the Account at the User's initiative
The User may permanently close his/her Account at any time, by right, by sending an e-mail to the following address: contact@trustditto.com.
3. Closure or suspension of the Account at Beavr's initiative
In the event of non-compliance with these GTCSU, Beavr will have the right to suspend or close the Account under the conditions set out in the article "Sanctions in the event of non-compliance".
4. Consequences of closing the Account
Any closure of an Account entails the permanent deletion of the information communicated to Beavr when the Account was opened or updated and of all items stored on the Application in the Account.
Notwithstanding the foregoing, Beavr reserves the right to retain the information and other items referred to above for a reasonable period of up to 30 days following the date of closure of the Account in order to facilitate its reopening at the Customer's request.
In the event of closure of the Account by the User, there will be no refund, either total or partial, of sums already paid for the purchase of any Service then in progress.
In the event of closure of the Account by Beavr for non-compliance with these GTCSU, the User is formally and strictly prohibited from opening a new Account, with the same or a different e-mail address or through an intermediary, without the prior written authorisation of Beavr.
ARTICLE 5 - ORDERING SERVICES
1. Ordering
Orders are placed by electronically or by hand-signing a quotation. Any tacit renewal of the Ditto subscription under the conditions set out in the article "Duration and content of the Ditto subscription" is also considered to be an Order within the meaning of these terms and conditions.
Any change to the Order during the term of the Subscription shall be subject to Beavr's prior consent.
2. Archiving and proof
Beavr archives communications, files, contracts, quotations and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, files, contracts, quotations and invoices may be produced as proof of contract by any legal means. In the absence of proof to the contrary, the data recorded by Beavr constitutes proof of all transactions between Beavr and the Customer.
ARTICLE 6 - FINANCIAL CONDITIONS
The prices of the Services are communicated to the Customer prior to any subscription via the sending of a quotation, and are indicated in Euros or Dollars, either exclusive of tax (HT) or inclusive of VAT (TVAC).
Prices may vary depending on the number of employees, the subscription chosen, any additional requests made by the Customer and any applicable taxes.
Beavr reserves the right to make promotional offers that may differ from the pricing policy communicated to the Customer.
The total amount due for the Services ordered and the details are shown on the quotation. If you take out a Ditto Subscription, any period started is due in full.
ARTICLE 7 - PAYMENT AND INVOICING TERMS
1. Payment
Once the Order has been confirmed, payment is due in accordance with the conditions set out in the quotation - unless otherwise stated, payment is due within 30 days of receipt of the invoice.
The Customer may pay for the order by bank transfer. Beavr will provide the Customer with the bank details of the account to which the transfer should be made on the invoice sent to the Customer.
2. Billing
For each Order, the Customer expressly agrees that Beavr may send the Customer an Order confirmation by e-mail containing (i) the invoice for the Order and (ii) a PDF copy of these GTCSU.
The subscription price of a Ditto Subscription will be invoiced each year on the anniversary date, and each new invoice will be sent by email. The Customer is advised to print and/or archive all invoices on a reliable and durable medium as proof.
The Customer undertakes to inform Beavr of any change of email address or any other information required for invoicing. Any dispute concerning an invoice will be the subject of a registered letter with acknowledgement of receipt within thirty (30) days of the date of the invoice. In the absence of such a letter, the Customer is deemed to have accepted the invoice.
3. Consequences of late or non-payment
In the event of non-payment or late payment, Beavr reserves the right, within 30 days of the due date shown on the invoice and after sending a registered letter with acknowledgement of receipt, to :
- Declare that all sums owed by the Customer shall lapse and become immediately due and payable,
- Immediately suspend the Services in progress until full payment has been received, - Invoicing for profit
interest for late payment corresponding to the half-yearly refinancing rate of the European Central Bank in force on 1st January for the first half of the year in question or on 1st July for the second half of the year in question, increased by ten (10) percentage points, based on the amount excluding VAT of the sums not paid on the due date
a flat-rate indemnity of 40 euros to cover collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
ARTICLE 8 - Ditto SUBSCRIPTION
1. Duration and content of the Ditto subscription
There are different Subscription offers. The detailed content of the Services contained in the Subscription ordered by the Customer is shown on the quotation and the invoice.
The Ditto Subscription may include the following Services:
- Access to some or all of the functions of the Application
- Preparing for EcoVadis certification
- Tailor-made services
By default, the Ditto Subscription Period corresponds to a fixed period of one (1) year, renewable indefinitely for the same period by tacit agreement.
It may also be taken out for a period of several years. The Customer is notified by email 1 month before the tacit renewal of the Ditto subscription.
The customer has up to one month before the contract anniversary date to indicate their intention not to renew the contract by sending an e-mail to their dedicated Beavr contact.
2. Ditto Subscription cancellation conditions
The Customer may terminate the Ditto subscription at any time without charge or compensation at contact@trustditto.com or by contacting his/her dedicated Beavr contact.
Termination will take effect on the 1st day of the Subscription Period following the request for termination. In the event of termination, the amounts paid for the current Subscription Period will not be refunded unless the Services are terminated due to a breach by Beavr of its contractual obligations.
3. Fate of data in the event of termination of the Ditto Subscription
In the event of termination, the Customer loses access to the functionalities of the Beavr Application, but may request an export in .csv format of the data rendered inaccessible, in application of the right to data portability.
Beavr reserves the right to retain the Customer's Account data for a reasonable period of time up to 30 days following the date of termination of the Subscription in order to facilitate the reopening of the Account at the Customer's request.
ARTICLE 9 - MAINTENANCE
For the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Site or the Application may be temporarily limited or suspended.
With regard to corrective maintenance, Beavr makes every effort to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Site or the Application. Beavr has set up internal alert mechanisms enabling any malfunctions to be identified and resolved within a few hours.
In the event of a complete interruption of service, Beavr undertakes to restore access to the Application within 24 hours.
With regard to progressive maintenance, the Customer benefits from progressive maintenance for the duration of the Services, which Beavr may carry out automatically and without prior notice, and which includes improvements to the functionalities of the Site or the Application.
Access to the Site or the Application may also be limited or suspended for planned maintenance reasons. The Customer will be systematically informed.
ARTICLE 10 - COMMITMENTS AND OBLIGATIONS OF THE PARTIES
1. Customer commitments
1.1. Transmission of data required to provide the Services
The Customer undertakes always to provide information that is sincere and true on the day it is entered, and in particular not to use false names or addresses, or unauthorised names or addresses.
The Customer undertakes to provide Beavr with all information and documents required for the performance of the Services. In this respect, the Customer shall provide Beavr with any information that it may require for the performance of the Services.
enabling us to have a good understanding of the customer's needs and the usefulness of the service to them.
The Customer also undertakes to cooperate fully with Beavr to ensure that the service is carried out properly.
1.2. Use of the Services
The Customer undertakes not to use the Services offered by Beavr for unlawful purposes, or with a view to committing any contraventional, tortious or criminal offence.
The Customer undertakes to pay the price of the service for the specified amount and within the specified period.
1.3. Use of the Site, the Application and rules of conduct
The Site, the Application and the Services are accessible and function with the latest versions of the following browsers: Google Chrome, Mozilla Firefox, and Safari. Please note: Users may encounter certain difficulties when using older versions of these browsers, in particular Safari.
If this is the case, they are invited to update or change their browser in order to benefit fully from our Services.
The Services are intended for personal use only, and Customers and Users must not, under any circumstances, make any commercial use of them. Customers may use the Services in order to obtain commercial advantages (financing conditions, contracts, subsidies, sponsorship, etc.), but they undertake not to sell, rent or market these elements. They also undertake not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce or distribute any information, software, product or, in general, any element of the Services. Re-posting or automated use or use of large volumes of Services is expressly prohibited.
Customers and Users undertake to comply at all times when using the Site, the Application and the Services with the national and international laws and regulations in force and with these GTCSU.
By using the Services and/or the Content, Users and Customers acknowledge that they only have a right of use on their own behalf and/or on behalf of their company. In all cases, they undertake not to, directly or indirectly :
- use, in the context of the Services, any element or content that infringes the intellectual and industrial property rights, privacy rights and/or image rights and/or any other rights of others
- create, use, share and/or publish by any means (forum, public profile or other) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in Beavr's opinion, is aggressive, threatening, malicious, defamatory, untruthful, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, incites hatred, sexually explicit, violent, contrary to accepted standards of behaviour or in any other way objectionable
- create, use, share and/or publish by any means (forum, public profile or other) as part of the Services, any material (text, words, images, sounds, videos, etc.) that would breach an obligation of confidentiality or that would incite to commit an illicit activity (in particular, piracy, cracking or distribution of counterfeit software)
- carry out activities aimed at accessing elements or functionalities of the Services, the use of which has not been authorised by Beavr
- arranging, modifying, translating, adapting, reproducing, indexing, copying and/or extracting any information, software, product or other element or part of the Content or Services by any means without the prior express authorisation of Beavr
- modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal operation of all or part of the Services, or their accessibility to other users of the Site, or the operation of the networks partnering the Services, or attempt to do any of the foregoing
- transmit or spread any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data as part of the Services, and/or organise, participate in or be involved in any way in an attack on Beavr's servers and/or the Services and/or the servers and/or services of its service providers and partners
- harass other Users or Customers, send them unsolicited messages for commercial canvassing purposes, use the Services for surveys, competitions, pyramid sales or similar operations, or to send emails, spam or any unsolicited advertising or promotional material, whether for commercial or non-commercial purposes
- use the Account of another User of the Site, impersonate another person or attribute a false capacity in dealings with any natural or legal person in connection with the Services or in using the Services
- collect or intercept by any means not expressly permitted by Beavr data exchanged by other Users as part of the Services, or the names/pseudonyms and/or passwords of any other User
- attempt to obtain a password, information relating to an Account or other information of a private nature from any other user of the Site, and/or sell, hire out, share, lend and/or
in any other way transfer to any third party its Account and/or the means of accessing it and/or in any other way allow any third party to benefit from its Account
- access, use, download from the Services or otherwise reproduce or provide to any other person (whether free of charge or for consideration) any directory of Users of the Site or any other information relating to Users or the use of the Services.
In the event of clear abuse by a User in relation to the Services, we reserve the right to block certain Accounts and certain IP addresses. The IP address may be used to identify a User in order to ensure compliance with the GTCSU.
2. Beavr's responsibilities
Beavr will do its best to ensure access to the Site and the Application, the availability of the Services and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, a User's access to the Site, the Application or the Services may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new feature or service.
Beavr shall not be liable for (i) any losses that have not been caused by its fault, (ii) any losses, indirect or consequential, that were not foreseeable when the User started to use the Site or the Application and that are not attributable to Beavr . Beavr shall not be liable for any delay or impossibility of a Customer to fulfil its obligations under these GTCSU if the delay or impossibility results from a cause beyond its reasonable control. This condition does not affect a Customer's right to have the Services provided within a reasonable time or to receive a refund if the Services ordered cannot be delivered within a reasonable time due to a cause beyond Beavr's reasonable control.
The Services may contain links to third-party websites. If a User clicks on a link to a third-party website, he/she leaves the Services governed by these GTCSU and the User understands and accepts that Beavr does not control these third-party websites.
Beavr cannot guarantee that a third-party site adheres to the same security and privacy practices as Beavr, and therefore cannot be held responsible for the use that may be made of a User's personal data by such sites. Users are advised to check the personal data charters (or "privacy charter"; "RGPD charter") of all the service providers they use.
The User is responsible for consulting, selecting, using and interpreting the Content available on the Site.
Beavr cannot be held liable for any difficulties that may arise following contact with a Beavr commercial partner.
3. Beavr's commitments
Beavr undertakes to use all necessary means to ensure the proper performance of its obligations and will endeavour to provide permanent access to the platform 24 hours a day, 7 days a week, except in the event of suspension, maintenance or force majeure.
Beavr undertakes to provide a quality service with diligence, in accordance with the professional practices of its business. If a Customer is not satisfied with the delivery of the Services, he/she is invited to contact Ditto at contact@trustditto.com in order to find a suitable solution.
Beavr undertakes to take the necessary measures to guarantee the security and confidentiality of the information communicated by the User and not to alter or use this information for any purpose other than that of the platform.
4. Claims management
All complaints should be sent by email, in free format, to the following address: contact@trustditto.com. Ditto will only consider complaints relating to the Services. Consequently, Beavr will not consider favourably any claims relating to the results or effects produced by the use of the Services.
Beavr undertakes to respond to any complaint within a maximum of 10 working days from receipt of the information or documents concerned.
In the event of partial use of the Services prior to the request for reimbursement, an additional amount determined according to the Service used may be deducted from the amount of the reimbursement.
ARTICLE 11 - MODIFICATIONS
1. General
Beavr may update or modify its GTCSU at any time. In the event of an update or modification of the GTCSU, Beavr will inform the Customer by any written means (and in particular by e-mail) no later than thirty (30) calendar days before the Customer renews the Order.
If the Customer uses the Services after the Order has been renewed, the Company considers that the Customer has accepted the amended GTCSU.
If the Customer does not accept these changes, they must terminate their Ditto Subscription in accordance with the terms and conditions set out in the article "Terms and conditions for terminating a Ditto Subscription".
2. Modification of the Price of Services
Beavr reserves the right to change the price of the Services offered, provided that it informs the Customer by any means at least fifteen (15) days before the price change comes into effect. The new price is applied to Orders placed from the date on which the change in the price of the Services comes into effect.
The prices applicable to Customers at the time of subscription remain guaranteed throughout the Subscription Period.
The Customer is free not to renew the Subscription if he does not accept the new prices.
The Customer is free to object to the change in tariff by not renewing their subscription or by sending a request for cancellation to contact@trustditto.com within thirty (30) days of notification to the Customer. In the absence of a cancellation request within this period, the Customer is deemed to have accepted the new service pricing.
3. Modification of the Site, Application and Services
Beavr is constantly modifying and improving its Site and Services. We may therefore add or remove features or functions, and we may also suspend or completely discontinue a service, as long as the removal of features and functions or discontinuing a service does not reasonably impair the Customer's requirements for use of the Services, and in which case customers are systematically notified. Where an update has a significant impact on the functionalities used by the Customer, we will provide the Customer with clear instructions in the form of a tutorial, enabling them to reproduce the actions they were accustomed to carrying out prior to the update.
ARTICLE 12 - CONFIDENTIALITY
Beavr acknowledges that all information, data or documents relating to the Customer of which it becomes aware in the context of the Contract are the product of original creative efforts, commercial and technical secrets of a confidential nature and that they constitute valuable assets belonging to the Customer.
Consequently, Beavr undertakes to comply with a strict obligation of confidentiality, which consists of not using for its own benefit or disclosing or making available to others any information, data, documents and/or knowledge acquired about the Customer in the course of performing the Contract, both during the term of the Contract and upon its expiry, for whatever reason. The Service Provider also undertakes not to use in any way whatsoever the
deliverables resulting from Services carried out on behalf of the Customer for purposes other than those for which they are intended.
In the same way, the Customer undertakes to keep confidential, for the duration of the Contract and after its expiry, all information relating to Beavr of which he/she may have become aware during the conclusion and performance of the Contract.
This obligation does not extend to information :
- of which the party receiving them was already aware from another source;
- already public at the time of their communication or which would become so without violation of this clause;
- lawfully received from a third party;
- whose communication would be required by the legal authorities, in application of the laws and regulations or with a view to establishing the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
ARTICLE 13 - INTELLECTUAL AND INDUSTRIAL PROPERTY
1. Site components
These GTCSU, the Site and the Content available on the Site are the property of Beavr. Any distribution, exploitation, representation, reproduction or use on any medium, other than as authorised by Beavr, is strictly prohibited. Any offender will be prosecuted before the competent courts.
2. Services
The tool, presentation and report templates delivered as part of the Services are the exclusive property of Beavr. Any unauthorised use or reproduction, even partial, of the Site, the Application, the Content or these templates is strictly prohibited. Any offender will be prosecuted before the competent courts.
3. Brand, logo and graphic charter
All intellectual property rights, in particular trademark rights and copyright, over the name "Beavr", the "Beavr" logo and the graphic design of the Site and the Application.
Any unauthorised use or reproduction, even partial, is strictly prohibited. Any offender will be prosecuted before the competent courts.
ARTICLE 14 - COMMERCIAL REFERENCES
Subject to its prior agreement and any associated restrictions, the Customer authorises Beavr to use its name, brand and logo, as well as references to its website, as commercial references, on any medium and in any form whatsoever, for the duration of these General Terms and Conditions and for a period of one (1) year thereafter. These General Terms and Conditions do not transfer any intellectual property rights to the Customer.
ARTICLE 15 - SEVERABILITY OF CLAUSES
The nullity of one of the clauses hereof shall not entail the nullity of these GTCSU, and the other clauses shall continue to have effect insofar as they are not affected by the clause found to be null and void.
ARTICLE 16 - FORCE MAJEURE
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship. Force majeure includes :
- any case meeting the conditions of article 1218 of the Civil Code and recognised by case law,
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters.
If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations will be suspended on receipt of the letter and will have to be resumed within a reasonable period of time once the case of force majeure has ceased.
The party prevented from doing so nevertheless remains bound to perform those obligations which are not affected by force majeure. The Customer's payment obligation may also be affected by force majeure. If it is not (depending on the case), it will fall within the scope of obligations not affected by force majeure.
If this case of force majeure lasts for more than 30 working days, the parties may immediately terminate their contractual relationship by registered letter with acknowledgement of receipt.
ARTICLE 17 - PENALTIES IN CASE IN THE EVENT OF
Payment of the price of the Services and the obligations set out in the article "Commitments and obligations of the Parties" are essential obligations.
If the Customer fails to fulfil these obligations, Beavr may :
- suspend or terminate the Customer's access to the Services (including access to the Account), subject to prior warning,
- publish on the Site or the Application any information message that Beavr deems useful, - send the Customer a registered letter with acknowledgement of receipt to :
- terminate the contractual relationship between the Customer and Beavr, the termination taking effect on the date of receipt or first presentation of this letter,
- or to ask the Customer to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied.
- notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
- take any legal action.
If Beavr fails to fulfil its obligations, the Customer may :
- suspend payment for as long as Beavr remains in default of its obligations;
- send a registered letter with acknowledgement of receipt to terminate the contractual relationship between him/her and Beavr, with termination taking effect on the date of receipt or first presentation of this letter, or to request Beavr to remedy the breach within a maximum period of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied;
- inform any competent authority, cooperate with it and provide it with any information relevant to the investigation and prosecution of illegal or illicit activities;
- take any legal action.
These sanctions are without prejudice to any damages that either Party may claim from the other.
ARTICLE 18 - WAIVER
The fact that one of the Parties does not avail itself, on a temporary or permanent basis, of one or more clauses of these GTCSU shall not in any way imply a waiver of its right to avail itself of the remainder of these GTCSU.
ARTICLE 19 - LANGUAGE
These GTCSU are written in English.
ARTICLE 20 - APPLICABLE LAW AND JURISDICTION
The validity, interpretation and performance of these GTCSU are governed by French law. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
With the exception of notifications that must be sent by registered letter with acknowledgement of receipt under the terms of this contract, the Parties agree that any exchange between them under the terms of the Contract by electronic mail shall be deemed to be an exchange in writing and shall be valid as evidence that may be produced in court.
In the event of any dispute arising in connection with the performance, termination or conditions of this contract, the parties will endeavour to settle their dispute amicably and agree to meet within three days of receipt of a registered letter with acknowledgement of receipt sent by one of the two parties.
This amicable settlement procedure constitutes a compulsory prerequisite to the commencement of legal proceedings between the Parties. Any legal action brought in breach of this clause will be declared inadmissible.
However, if at the end of a three-day period, the parties are unable to agree on a compromise or a solution, the dispute will be submitted to the jurisdiction of the Paris courts.
For the performance of the present contract and its consequences, the Parties respectively elect domicile at their registered offices.