This translation should be regarded as being for information purposes only. In case of inconsistency, only the French version is to be considered binding.
Version from 6th March 2023
1. Solution and Service operator
The Solution and the Services are operated by the company BEEKAST, a simplified joint-stock company with capital of €3,132.56, registered in the Paris Trade and Companies Register under the number 809 824 329 and with its head office located at 10 rue de Penthièvre, 75008, Paris, France (hereinafter “BEEKAST”).
BEEKAST can be contacted at the following addresses, including for any complaints:
Postal address: 10 rue de Penthièvre, 75008, Paris, France
Telephone: +33 1 86 95 76 88
Email address: [email protected]
2. Subject
These Terms and Conditions of Service aim to define the contractual terms for acquiring one or more user licences for the Solution between BEEKAST and the Client (hereafter the “Client”).
3. Definitions
Within this document, words or expressions that begin with a capital letter will have the following meanings:
letter will have the following meanings:
Account: an account that is created to use the Solution;
Contents: contents of any kind (written, audio, audiovisual or other) that is uploaded to the User Account;
Client(s): a professional natural or legal person who takes out a Subscription as part of their professional activity;
Data controller: natural or legal person which determines the purposes and means of the processing of personal date as defined in article 4 of the GDPR;
Data Protection Act: Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended;
Data processor: natural or legal person which processes personal data on behalf of the controller as defined in article 4 of the GDPR;
Facilitator(s): A User that is responsible for facilitating a Session;
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);
Moderator(s): a User who is responsible for leading discussions during the Session;
Owner(s): User who creates a Session;
Participant(s): individuals that the Owner invites to take part in a Session;
Party(ies): one of the parties to the Subscription contract, i.e. Beekast or the Client;
Payment service provider: Beekast service provider that manages payment operations for the subscription fees;
Personal data: any information relating to an identified or identifiable natural person as defined in article 4 of the GDPR;
Services: the interactive and participative activities available on the Solution;
Session: service provided by Beekast enabling a User to present content and organise meetings, conferences, seminars, training sessions or other events, remotely or in-person, in an interactive manner;
Session code: Session identification code;
Single Sign On: unique authentication system allowing a User to connect to a number of services with a single username.
Site: the website published by Beekast, available at the following address beekast.com;
Solution: the interactive platform to organise meetings, conferences, seminars, training sessions or other events, remotely or in-person, published by Beekast and available at the following address my.beekast.com;
Subscription: contract between the Client and Beekast to grant a licence to use of the Solution according the Subscription terms and conditions ;
Subscription period: duration of the Subscription to use the Solution and the Services as described in the Subscription terms and conditions;
Subscription terms and conditions: the terms and conditions for acquiring a licence to use the Solution and the Services;
Third-party licence: Licence granted to the User as part of a subscription contract with a Client (for example, as part of a contract with a company, a school, a public agency);
User licence: Licence granted by name to a User via the online registration form;
User(s): any person with a user Account.
4. Description of the Solution and the Services
The my.beekast web application available at my.beekast.com is an interactive online platform that can be used to organise meetings, conferences, seminars, training sessions or other events, remotely or in-person (hereinafter the “Solution”).
The Solution enables Users to organise a session (hereinafter the “Session”) in order to present contents, including written, infographic, visual or audiovisual contents (hereinafter the “Contents”), and to offer interactive and participative activities (hereinafter the “Services”) to individuals who are internal or external to the Client’s organisation (hereinafter the “Participants”). The maximum number of simultaneous Participants per Session is determined in the Subscription terms and conditions.
BEEKAST also publishes a site, beekast.com (hereinafter the “Site”), which includes a blog on using the Solution and the Services (hereinafter the “Blog”).
The Client may take out a Subscription that allows the Client to acquire one or more user licences for the Solution (hereinafter the “Subscription”), that the Client may freely distribute to the persons of their choice (hereinafter the “User(s)”) under the conditions described below.
5. Accessing the Solution and the Services
The Solution and the Services are accessible:
To any natural person acting within the framework of their professional activity and who has the full legal capacity to agree to these General Terms and Conditions of Service.
To any legal person acting through a natural person who has the full legal capacity to enter into a contract in the name and on behalf of the legal person.
The Solution and the associated Services are not intended to be used by persons considered to be consumers within the meaning of the Preliminary Article of the French Consumer Code, reproduced below:
“is considered a consumer any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity” .
6. Subscribing to the Solution and the Services
Clients may subscribe to the Solution and the Services either by subscribing directly on the Site using the dedicated form, or via a Subscription Contract with BEEKAST.
Before taking out a Subscription, BEEKAST makes available all the documentation related to the proposed Services and to the minimum configuration necessary for the proper functioning of the Solution and the Services (BEEKAST technical advice)
6.1. Subscription using the online form
The Client may take out a Subscription directly using the dedicated form on the Site.
Once the Subscription has been selected, the Client must create an account for the Solution (hereinafter the “Account”). The fields required to create an Account are indicated by an asterisk; these include surname, first name, email address and password.
Once these fields have been completed, a confirmation email will be sent to the Client’s email address in order for the Client to confirm the creation of their Account.
Once the Account has been confirmed, the Client will have access to the payment system in order to pay for the Subscription. The fields required to confirm payment are indicated by an asterisk; these include surname, first name, company name and bank details.
Once the payment has been confirmed, an invoice will be sent to the Client by email. The invoice for the Subscription may also be accessed from the Client’s Account.
6.2. Subscription through a personalised contract
The Client may also take out a Subscription for the Solution and the Services by contacting BEEKAST directly. It is the responsibility of the Client who contacts BEEKAST to provide BEEKAST with all of the information required to identify the Client’s needs and expectations.
BEEKAST will draw up a quotation or a contract that takes into account the Client’s needs, specifying notably the nature, scope, price and number of licences (hereinafter the “Quotation” or the “Contract”) that it will send to the Client.
Unless otherwise specified, the Quotation is valid for one month from the date of its issue. If it is not approved by the Client within this period, it will be considered null and void.
Upon receipt of the signed Quotation or Contract, BEEKAST shall open an Account in the name of the Client under the conditions mentioned above.
6.3. Common provisions
The Client expressly acknowledges and accepts that taking out a Subscription using the dedicated online form or by means of a Quotation or a personalised Contract is equivalent to a firm and definitive order for a Subscription to use the Solution and the Services. Any cancellation or withdrawal that occurs after the Client’s signature will be subject to the provisions of article 22 (Termination of the Contract).
Any subscription to an additional service or upgrade to a higher Subscription package will be subject to a quotation or an amendment to the Contract and, if applicable, an additional fee.
7. Acceptance of the General Terms and Conditions
These General Terms and Conditions of Service are:
- Either accepted online by ticking a box when taking out a Subscription. When subscribing, the Client may consult these General Terms and Conditions of Service in order to become acquainted with them and save them in a permanent format.
- Or accepted by the Client upon signature of a Quotation or a Contract sent by BEEKAST. In this case, the present General Terms and Conditions of Service will be accessible to the Client in a permanent format so that the Client can read them.
- Or specifically signed in case of negotiation within the context of a specific request.
The signature of a Quotation or a Contract, the issue of a purchase order referring to a Quotation or the acceptance of the General Terms and Conditions of Service online implies their acceptance without any reservations, making any purchase conditions inapplicable.
Any subscription to the Solution and the Services provided by BEEKAST implies the unreserved acceptance of these Terms and Conditions.
If the Client does not accept all of the provisions of these General Terms and Conditions of Service, BEEKAST will be unable to provide the Client with access to the Solution and the Services. Any subscription submitted with reservations shall be considered null and void.
For specific needs not included in the packages offered by BEEKAST, special conditions of service can be negotiated based on the Client’s needs, subject to an additional fee.
8. Right of use
BEEKAST grants the Client a personal, non-exclusive, non-assignable and non-transferable right to use the Solution and the Services, throughout the entire duration of the Subscription.
The Client may only use the Solution and the Services in accordance with the General Terms and Conditions of Use (GTCU) accessible from the Site. In particular, the licence for the Solution is only granted for the sole and exclusive purpose of allowing the Client and its Users to access the Solution and use the Services, to the exclusion of any other purpose.
Right of use means the right to use the Solution and the Services in accordance with their purpose, in SAAS mode, by means of a connection to an electronic communications network.
Under no circumstances may the Client rent, sublease or make the Solution available to a third party, and any other use of the Solution is strictly forbidden, in particular any adaptation, modification, translation, arrangement, distribution, or decompilation, without this list being exhaustive.
To this end, each Client is responsible for its Users who have a licence to access the Solution and the Services.
The conditions for accessing the Solution and the Services (number of nominative and/or floating licences, number of simultaneous participants per session, maximum size of downloaded files, maximum volume of data processed, accessible activities, support, confidentiality options, moderation options, company authentication, connected applications, addition of facilitators, etc.) are those provided for in the Quotation or the Contract or in accordance with the Subscription package chosen.
In the event that the Client wishes to increase the maximum number of licences available, they must inform BEEKAST in writing (preferably by email). BEEKAST will send the Client a new quotation as soon as possible, including the new Subscription Conditions and the corresponding price. Once the quotation has been accepted, the new rate will apply and will be immediately invoiced.
9. Account access
Each user licence allows the Client or one of its Users to create an Account in the Solution.
The Client and its Users can access their Account at any time after logging in using their username and password or through the Single Sign On (SSO) system.
Usernames and passwords are strictly personal and confidential. As a result, the Client and its Users shall refrain from communicating them to any third party. Similarly, they are responsible for keeping their username and password confidential; if the Solution is accessed using said username and password, the corresponding Client or its Users will be deemed to be the one to have accessed the Solution. For its part and that of its Users, the Client undertakes not to use a generic username or a username that is shared by several people.
The Client and its Users also agree not to allow any third party use their Account.
The Client or its Users must immediately contact BEEKAST using the contact information provided in article 1 of these Terms and Conditions (Solution and Service operator) if they discover that their Account has been used without their knowledge. They grant BEEKAST the right to take all appropriate measures in such a case.
10. Subscription duration
The Subscription begins on the date these Terms and Conditions are accepted, subject to payment of the agreed price or on the date agreed upon by the Parties, for the duration provided for in the chosen Subscription package or in the Quotation or the Contract (the “Subscription Period”). At the end of the Subscription period, the Subscription is renewed by tacit agreement for a period equal to the initial Subscription period.
The Client may cancel the Subscription under the conditions provided for in article 22 (Termination of the Contract).
11. Financial conditions
11.1. Cost of Services
The Subscription fee is the fee indicated in the Subscription package chosen, in the Quotation or in the Contract. Unless otherwise stated, Subscription fees are indicated in euros and are exclusive of VAT. The fees indicated do not include the cost of accessing the Solution (in particular, internet access).
BEEKAST reserves the right, at its sole discretion and according to the terms of which it will be the sole judge, to propose promotional offers or reduced prices.
11.2. Revision of prices
BEEKAST may choose to revise the fees mentioned above at any time and at its own discretion.
BEEKAST shall inform the Client of these changes by any useful written means (and in particular by email) at least one (1) month before the new fees take effect.
Once they have taken effect, the new fees apply when the Subscription is renewed.
A Client who does not accept the new fees must terminate their Subscription in accordance with the terms described in article 22 (Termination of the Contract). Otherwise, the Client will be deemed to have accepted the new fees.
11.3. Billing
The Services are subject to monthly or annual billing, depending on the terms chosen by the Client. The billing cycle is always indicated in the Subscription package chosen or in the Quotation or in the Contract.
In order to reduce its carbon footprint, BEEKAST no longer provides paper invoices. The Client expressly agrees that all invoices sent to it in digital format are considered to be original invoices.
11.4. Terms of payment
The Subscription fees may be paid online, by credit card, bank transfer, or direct debit (SEPA), by means of the payment service provider indicated on the Site (hereinafter the “Payment service provider”), or by any other means offered on the Site when the order is placed.
Payment by credit card is processed by the Payment service provider, who alone shall store the Client’s bank details for this purpose. BEEKAST does not process or store any banking details.
The Subscription’s fees are due and are debited on the day the Subscription is taken out, and then renewed at each anniversary date.
The Client gives assurance that it has the necessary authorisations to use the chosen payment method. The Client undertakes to take the necessary measures to ensure that the automatic debit of the Subscription price may be carried out.
BEEKAST also accepts cheques and purchase orders.
11.5. Late payment and payment incidents
The Client is informed and expressly accepts that any delay in the payment of all or part of a sum due on its due date automatically entails, without prejudice to the provisions of article 17 (Sanctioning breaches), from the day following the payment due date shown on the invoice:
the forfeiture of the term of all amounts outstanding and their immediate payment by the Client;
the immediate suspension of the Services in use until full payment of all sums owed by the Client;
the invoicing, to BEEKAST’s benefit, of late payment interest at the rate of 3 times the legal interest rate, based on the total amount owed by the Client, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred are more than this amount.
12. Updates and maintenance
12.1. Maintenance
In order to improve the Solution and the Services, BEEKAST may be required to carry out maintenance operations. In this case, BEEKAST will inform the Client and the Users at least 3 days in advance by means of a notification in their Account. Whenever possible, maintenance operations will take place outside opening hours (8:00 a.m. – 7:00 p.m.) and under the conditions specified in the Service Level Agreement (SLA).
12.2. Changes to the Solution and the Services at Beekast’s initiative
The Solution and the Services may be subject to changes, modifications or extensions by BEEKAST at any time, provided that these modifications do not substantially compromise the nature or the quality of the Solution and the Services to which the Client has subscribed. The following in particular are considered non-substantial modifications: updating of the Solution, bringing the systems into conformity, change of network for data routing, change of geographical location of the hosting servers.
BEEKAST reserves the right to make any emergency changes to the Solution and the Services at any time that are required for security or safety reasons or reasons of any other nature. These changes must not substantially compromise the nature or the quality of the Solution and the Services. BEEKAST shall inform the Client as soon as possible of any changes thus made to the Services.
13. Data ownership
The Client owns the Contents that is downloaded and distributed through the Solution and the Services. The Client gives assurance that it has all the necessary authorisations for the storage and distribution of said Contents. The Client is solely responsible for the Contents hosted on the Solution and for the information that is transmitted or collected. BEEKAST–as a hosting service–does not assume any responsibility regarding said Contents and informations.
BEEKAST owns all the usage data generated by the Client and/or its Users, used for statistical purposes and to improve the Solution and the Services.
14. Support
The Client and its Users benefit from online support that is available here. Depending on the chosen Subscription, they may also benefit from email, live chat and telephone support so as to inform BEEKAST of any anomaly, bug or unavailability of the Solution and the Services.
The conditions of the support service are those defined in accordance with the terms of the chosen Subscription.
15. Responsibility and liability of BEEKAST
BEEKAST guarantees that the Solution does not constitute an infringement of prior rights and does not infringe the rights of third parties.
BEEKAST is only bound, with regard to the commitments mentioned herein, by a best endeavours obligation concerning the access to the Solution and the Services that depend upon the use of the internet.
The Client expressly acknowledges that BEEKAST cannot be held liable for the Client’s inability to access the Solution and for interruptions to the Services or damages related to:
- a decision made by the authorities;
- difficulty accessing the Solution and the Services which is due to the quality of the internet and mobile telephone networks;
- use of the Solution and the Services which is considered non-compliant pursuant to the General Terms and Conditions of Use;
- unusual or fraudulent use by the Client, its Users or third parties requiring the service to be stopped for security reasons;
- difficulty accessing the Solution which is due to a technical maintenance operation that is designed to improve it;
- difficulty accessing or using the Solution and the Services which is due to an incident with one of BEEKAST’s service providers (in particular the hosting provider);
- difficulty using or a slowdown in the Solution and the Services which is due to a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, DDos attack, botnets, or any other computer malware introduced by a third party;
- the nature or quality of the Contents that the Client and its Users upload to the Solution;
- a delay in the delivery of information and data, when BEEKAST is not the cause of this delay;
- any other situation that constitutes force majeure pursuant to applicable French law and the jurisprudence of French courts and tribunals.
BEEKAST undertakes to supply the Solution and the Services with diligence and to professional standards, it being understood that BEEKAST has a best endeavours obligation, and not a performance obligation, which the Client acknowledges and expressly accepts.
BEEKAST’s responsibility is limited to supplying the tools and technical means to enable the Client and its Users to organise, lead and/or participate in Sessions. BEEKAST shall not in any case take part in organising or leading said Sessions.
BEEKAST acts in its own name and does not enter into any legal act in the name and on behalf of the Clients and their Users, who contract directly with one another.
BEEKAST is not party to the agreements concluded between the Client and its Users, the Facilitators, Moderators and Participants, and shall not in any case be held liable for any difficulties that may arise while concluding or executing said agreements, nor is BEEKAST party to any disputes that may arise therefrom.
Similarly, BEEKAST may not be held liable for difficulty accessing the Solution or its temporary inaccessibility that may be caused by external circumstances, force majeure, or which may be due to problems with telecommunication networks.
BEEKAST does not guarantee to the Clients (i) that the Services, which are subject to a constant effort to improve, in particular, their performance and progress, shall be totally free from errors, defects or faults, (ii) that the Services, as they are standard and under no circumstances offered specifically for the Client, will meet the Client’s specific needs and expectations.
In this case, BEEKAST’s liability is limited to only direct, personal and certain damage that the Client—who is up to date with any payment due—suffered, with the express exclusion of compensation for all indirect and immaterial damage and/or prejudice, such as: (a) the loss of profits, sales, activity or revenue, (b) interruption of activity, (c) loss of anticipated savings, (d) loss or corruption of data or information, (e) loss of clients, reputation or opportunities; or (f) any special, indirect, consecutive or purely economic loss, expense, fee, damage, cost; regardless of whether it was reasonably foreseeable, and even if BEEKAST has been informed of the possibility that the Client might suffer this loss or this type of loss, or if the repair, replacement or refund of the Solution does not fully compensate the Client for the losses suffered. In all cases, the amount of compensation will be capped at an amount equivalent to 2 monthly instalments owed under the Contract.
16. Responsibility and liability of the Client
The Client indemnifies BEEKAST against any complaint, claim, action and/or any claim whatsoever that BEEKAST could suffer because of the violation, by the Client or its Users, of any of its obligations or guarantees under the terms of the present General Terms and Conditions of Service, of the General Terms and Conditions of Use, or of a violation of the laws and regulations in force.
The Client undertakes to compensate BEEKAST for any loss that it would suffer and to pay it all the costs, charges and/or convictions that it could have to bear as a result.
In case of fraudulent use of usernames belonging to the Client or its Users due to a fault or negligence attributable to the Client, or to one of the Users under its control or hierarchical authority, the Client will be liable towards BEEKAST for any loss or deterioration of data of any kind, and more generally for any damage suffered due to an unauthorised use of the Solution and the Services.
17. Sanctioning breaches
If a Client or one of its Users breaches any of the provisions of these General Terms and Conditions of Service, or, more generally, infringes the applicable laws and regulations:
BEEKAST reserves the right to take any appropriate measures, including:
suspending access to the Solution and the Services for the User who committed the breach, or who took part therein;
deleting Contents that has been uploaded to the Solution;
publishing on the Solution any information message that BEEKAST deems necessary;
informing the relevant authorities;
taking any legal action.
BEEKAST also reserves the right to terminate the access of the Client or one of its Users to the Solution and the Services:
either ipso jure, if, fifteen (15) days after its receipt by the Client or one of its Users, formal notice sent by registered letter with acknowledgement of receipt stating the intention to apply the present clause remains without effect;
or, in the event that a User commits for a second time a breach that was previously reported by registered letter with acknowledgement of receipt, the termination shall then be effective ipso jure on the date of dispatch of the registered letter with acknowledgement of receipt stating the repeated breach.
Termination automatically results in deletion of the disputed Account, without prejudice to any other consequences resulting from these General Terms and Conditions of Service.
18. Force majeure
No Party may be held liable for a breach of its contractual obligations that is the result of a situation that constitutes force majeure, as usually understood by the jurisprudence of the French courts. The following are considered to constitute force majeure in addition to those usually accepted by the jurisprudence of French courts and tribunals: wars, social unrest (strikes or lock-outs), terrorist attacks, severe weather conditions, epidemics, earthquakes, floods, water damage, fires, obstruction of means of communication, transport or supply (including the telecommunications network), etc.
As a first step, the performance of the contract will be suspended for a period of one month.
If the duration of the force majeure event exceeds one month, either Party may terminate the contract at any time by sending a registered letter with acknowledgement of receipt to the other Party, without notice and without compensation for either Party.
The Party that asserts the claim of force majeure must inform the other Party as soon as possible by sending a registered letter with acknowledgement of receipt. This letter shall include a brief description of the event demonstrating the characteristics of force majeure and an estimate of its duration, and shall inform the other Party of the generally expected consequences of the force majeure event on the performance of the Contract.
19. BEEKAST’s intellectual property
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, trademarks or service marks, inventions and, in general, any creation of any kind that is available on the BEEKAST sites remain the exclusive property of their respective owner, i.e. BEEKAST.
The Client remains the holder of all the intellectual property rights that they hold for the Contents that they upload to the Solution.
Hereunder, the Client is not authorised to:
- copy, print, transfer, send or display all or part of the Solution and the contents shared on the Site and the Blog;
- sell, rent, sublease or distribute the Solution in any way whatsoever;
- use the Solution to provide data processing, computing services, timesharing operations or other similar services of any kind to any other natural person, company or entity;
- modify the Solution and/or combine all or part of the Solution with other IT programs;
- compile, decompile, crack, translate, analyse, reverse engineer or attempt to reverse engineer the Solution, except where authorised by law.
The Client acknowledges that all the legal rights and beneficiaries, titles and interests in the Solution and all the intellectual property rights in or related to the Solution belong to BEEKAST; that the rights to use the Solution and the Services are granted to the Client, and that they have no other rights to the Solution other than the right to use the Solution in accordance with these General Terms and Conditions of Service and the General Terms and Conditions of Use.
In the unlikely case that the Client has access to the Solution’s source code, the Client must not modify, reproduce, adapt, disclose or file a patent for the Solution’s source code.
20. Links and third-party websites
BEEKAST may not be held liable for the technical availability of websites or mobile applications operated by third parties (including any possible partners) to which the Client or its Users may have access through the Site.
BEEKAST does not assume any responsibility for the contents, advertising, products and/or services made available on these third-party websites and mobile applications, which, it should be recalled, are subject to their own terms and conditions of use.
BEEKAST shall not be responsible for any transactions between the Client and any advertiser, professional or merchant (including its possible partners) that the Client may be directed to through the Site and shall not be party to any possible litigation whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
21. Personal data
BEEKAST and the Client agree to respect, each as far as they are concerned, the provisions of the law of 6 January 1978 on information technology, data files and civil liberties, as amended (hereinafter: the “Data Protection Act”) and the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter: “GDPR”).
In this respect, the Client declares that they have been informed that BEEKAST has a personal data protection policy, the terms of which are explained in the document entitled “Privacy Policy”, which they are expressly invited to read, available here and on the Site.
BEEKAST also takes all the necessary measures to help Clients comply with their obligations and provides them with all the necessary information in the data processing agreement that is available upon request from the following address: [email protected].
22. Termination of the Contract
22.1. Termination
In the case of a Subscription with the online form, the Client may terminate their Subscription in accordance with the Subscription Conditions from their Account at any time.
In the case of a Subscription by means of a Quotation or a Contract, the Client may terminate their Subscription by sending a request by email directly to their assigned BEEKAST contact person or to [email protected], at any time and at the latest three (3) months before the end of the Subscription period. This request must be clear and unambiguous. BEEKAST will acknowledge receipt of the request within 72 hours and will ask the Client to complete a termination confirmation form. In this case, the contract will end at the end of the term and will not entail any additional costs other than the price of the Subscription.
If the Client initiates the termination of the Subscription before its term, the Client shall remain liable for the whole sum of money owed to BEEKAST for the Subscription as if it had been carried to the end of its term.
In the event that BEEKAST initiates the cancellation, if the Client has already paid for a period longer than the term of the Subscription, BEEKAST will reimburse the Client on a prorata temporis basis.
22.2. Non-performance
In the event of total or partial non-performance or non-compliant performance by one of the Parties of one of its obligations, the aggrieved Party may give formal notice to the defaulting Party to perform its obligations within a period of fifteen (15) days from the occurrence of the total or partial non-performance or non-compliant performance by registered letter with acknowledgement of receipt.
The contract shall be terminated automatically, without the need for a new formal notice or other proceedings and without prejudice to the aggrieved Party’s right to damages at the end of a period of thirty (30) days after the sending of the letter of formal notice with acknowledgement of receipt that has remained unsuccessful.
23. Security and Service levels
The security measures implemented by BEEKAST are outlined in the Information Systems Security Policy (ISSP).
The minimum service level for the Solution is defined in the SLA.
These documents are available upon request by writing to the following email address: [email protected].
24. Right of withdrawal
The provisions of the French Consumer Code regarding the right of withdrawal do not apply to relations between professionals, which the Client expressly accepts.
25. Commercial references
The Client, in their capacity as a professional, expressly authorises BEEKAST to quote them and to use, if applicable, reproductions of their trademarks or their logo as commercial references, notably during events, in their commercial documents and on their website, in any form whatsoever.
26. Assignment
The Client may not assign its obligations resulting from the present terms and conditions to a third party without the written authorisation of BEEKAST. The request must be made by any means of written communication at least thirty (30) days before the aforementioned assignment. If no answer is received within fifteen (15) days from the reception of the written request, BEEKAST will be considered to have refused the assignment.
BEEKAST may, at any time transfer, assign or provide to a third party in any form whatsoever, all or part of its rights or obligations arising from the present terms and conditions, after having previously informed the Client of this, who cannot oppose it.
27. Modifications
BEEKAST reserves the right to modify these General Terms and Conditions of Service at any time.
The Client will be informed of said modifications by any relevant means and at least thirty (30) days before they come into effect.
If the Client does not accept the modified General Terms and Conditions, they must unsubscribe from the Solution and the Services in accordance with the terms described in article 22 (Termination of the Contract).
Any Client who uses the Solution and the Services after the modified General Terms and Conditions have come into effect are deemed to have accepted said modifications.
28. Agreement on evidence
The Client acknowledges and expressly accepts:
- that the data collected from the Solution and the BEEKAST IT equipment are proof of the reality of the operations performed within the framework of the present terms and conditions,
- that these data constitute the main form of evidence accepted between the Parties, in particular for the calculation of the sums owed to BEEKAST.
The Client or its Users may access these data from their Account.
29. Solidarity
The person signing the Contract must have the authority to sign and/or accept these General Terms and Conditions of Service in order to enter into a binding agreement on behalf of the legal persona subscribing to the Solution and the Services.
In the event that the legal person contests being bound by this Contract due to the absence of authority to do so on the part of the person signing this Contract, the person signing this Contract shall be indefinitely jointly and severally liable for all sums due under this Contract.
BEEKAST shall therefore be entitled to require the full payment of the sums owed from the person who signed the Contract or from the person who issued a purchase order following the issue of a Quotation or the online acceptance of the present General Terms and Conditions of Service.
30. Miscellaneous
30.1. Language
Should these General Terms and Conditions of Service be translated into one or more other languages, in case of contradiction or disagreement about the meaning of a term or a provision, the language of interpretation shall be French.
30.2. Mediation
Any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract will be subject to a prior attempt at mediation.
30.3. Applicable law and jurisdiction
These General Terms and Conditions of Service are governed by French law.
In case of dispute about the validity, interpretation or execution of these General Terms and Conditions of Service, the Parties agree that the courts of Paris shall have exclusive jurisdiction on the matter, unless there are mandatory rules of procedure to the contrary.
30.4. Independence of the clauses
In the event that any of these provisions should prove to be null and void with regard to an applicable rule of law or a legal decision that becomes final, it shall be deemed to be unwritten, without invalidating the other clauses contained herein and without altering their validity.
30.5. Non-waiver
Should BEEKAST fail to enforce any of the provisions of these General Terms and Conditions of Service, it shall not be construed as a waiver of the right to enforce said provision in the future. Any waiver of one of the provisions of these General Terms and Conditions must be subject to written notification.