Terms of Service

Legal Notice

b-ecp.com is provided by the company:

ETELEC CONCEPT PLUS
EURL company with a share capital of 3 000 €
80, Avenue du Général de Gaulle
91170 Viry Chatillon
France

RCS EVRY 503850828 00024
EU VAT number: FR41503850828

Phone: +33 9 71 30 57 78

 

The site is registered at CNIL under number 1953285.

Publication director: Jacky PINTO

You may contact the b-ecp.com administrative services through the form at https://app.b-ecp.com/en/contact/ or by postal mail to the address above for any inquiry.

The site b-ecp.com is hosted at:     

OVH, 2 rue Kellermann, 59100 Roubaix.
RCS Roubaix – Tourcoing 424 761 419 00045,
EU VAT number: FR22 424 761 419.
Fax: 03 20 20 09 58
URL OVH: http://www.ovh.com

 

Last updated: April 26th 2016

 

Preamble

These terms of service ("Terms") detail the set of dispositions applicable to the commercial services ("Services") offered on the website b-ecp.com ("Site"). The Terms are accessible on-line on the Site.

The client declares having read and accepted the terms of service of the company ETELEC CONCEPT PLUS ("Company") by electronic signature, namely by ticking the check-box concerning the explicit and unreserved acceptance and adherence to the present Terms ("Agreement"), as well as any contractual documents that complement or amend them.

The client's acceptation may also be materialized by the signing and sending of two copies of this document to ETELEC CONCEPT PLUS, 80 Avenue du Général de Gaulle 91170 Viry Chatillon, France.

Article 1. Object

The object of the Terms is the definition of the modalities and conditions in which on one hand the Company makes the Site and its Services available to its users in particular to allow for the possibility of a payment by credit card or another payment method, and the way the user accesses and uses the Site and its Services on the other.

Any connection to the Site is subject to the present conditions.

For the user, the simple access to the Site at the URL b-ecp.com implies the acceptance of the totality of the conditions described below.

Article 2. Definitions

« Client »: natural or legal person with full legal capacity at the moment of the subscription or usage of the Services offered by the Company and assuming the payment of such Services and / or natural persons who use those Services under the responsibility of the client.

« Agreement »: the present Terms, as well as any contractual document that complements and / or amends them (particular sale conditions, order...).

« Services »: means individually or collectively any type of software as a service (SAAS), the support, the training, the backing, the assistance, the project follow up, the development, the audit, the advice which may be offered to the Client by the Company.

« Trial period »: means individually or collectively an access to the Services provided for free and identified as “trial”, “demo”, “free” or “evaluation” (or another similar label), and which is regulated by particular usage terms, as defined on the Site.

Article 3. Registration to b-ecp.com

The B-ECP Site is a trade mark of ETELEC CONCEPT PLUS, offering the Services, property of the Company.

The Client declares being aware of and accepting the present Terms by ticking the check-box “I HAVE READ AND ACCEPT THE TERMS OF SERVICE” when registering.

Registering implies therefore the acceptance of the Terms.

In the absence of evidence to the contrary, the data recorded by the Company are proof for the whole set of transactions made with the Client.

The Client shall verify the completeness and correctness of the information provided to the Company while placing an order, particularly the name, surname, company name and invoicing address. The Company may not be held accountable for potential data entry errors and consequences thereof.

After subscribing, the Client possesses a custom address, a username and a personal and confidential password. These must not be transmitted to or shared with a third party. In no event shall the Company be held responsible for the loss of your username and / or password.

The Client undertakes not to use these elements in a manner contrary to their destination, the Company reserves the right to terminate or suspend the Client account without notice.

The Client is solely responsible for the usage of those identification elements by third parties or for the actions or statements made by using his/her account, whether they are fraudulent or not. The Client guarantees the Company against any claim in this respect.

The Company reserves the right to deactivate the Client accounts that do not connect to the service during a period longer or equal to 1 (one) year.

The devices (computers, software, means of telecommunication, etc.) that enable the access to the Services on the b-ecp.com Site are the sole responsibility of the Client, as are any telecommunication charges incurred into by their usage.

Article 4. Details of the Offered Services

The Company puts at the disposal of its Clients a set of Services based on Internet technologies and accessible through those technologies.

The Client has to connect to the Internet and then to the site https://app.b-ecp.com to use the offered Services.

Usage of the Services is possible after the Client has registered and subscribed those Services. The maximum access delay to the Services is 24 hours after payment reception.

The Client is granted access only to the Services he/she has subscribed to.

Upon registration, the Client possesses a first account (username and password) to manage the client.

Afterwards, the Client may create as many user accounts as he/she wishes to within the limits of the selected subscription.

The software may be modified for improvements or updated without prior notice to the Clients.

The Company may stop providing a SaaS software. The Client will be alerted and will continue to have access to the SaaS software, having a minimum of one month's notice before access to the SaaS software is permanently interrupted.

The Client shall undertake all actions in order to backup his/her data in that time frame.

Terminating the offer of a Service will not give rise to any compensation or reparation by the Company to the Client.

It is expressly stated that the Company provides software as a service (SaaS) tools, but does not in any way substitute for any function of the client company.

The purpose of the advice given by the Company is the usage of its Services and in no event the organization or management of its Clients.

Article 5. Trial Period

The Trial Periods are meant to allow the Client to evaluate part or the whole of the Services for free. The Client shall use the Trial Period in accordance with the terms and conditions of this Agreement. The Client acknowledges that the Trial Periods are only intended to allow him to test the Services before subscribing a paid plan.

As such, the Client cannot engage the responsibility of the Company in any capacity whatsoever, because of the use by the Client of the Trial Period. The Client can subscribe at any time to a paid Service and benefit from application functionality and / or additional services.

Article 6. Service Obligations

The Company reserves the right to modify the design, working method, technical specifications, the systems and any other functions of the Services at any time and without prior notice.

The company is committed to make its best efforts in the context of an obligation of means to ensure the accessibility of the Services via the Internet twenty-four hours per day and seven days a week.

The Company will nevertheless be entitled to take measures that affect the aforementioned accessibility for technical reasons, maintenance, operation of the Services or security. The Client is also aware and acknowledges that his access to the Internet cannot be guaranteed by the Company which shall in no event be liable for any downtime related to the Client's Internet connection or his equipment.

The company is entitled to hire subcontractors for the performance of obligations under this Agreement.

Article 7. Client Obligations

The client acknowledges and accepts being held responsible for the accounts of the users whom he/she has granted access to the Services.

The Client warrants that all information provided relating to contact information, billing information and information relating to his credit card, if any, are correct and undertakes to update them to regularly.

The Client is fully responsible for his use of the Services. As such, he/she is responsible for ensuring compliance with national laws relating to the use of on-line services. Any content uploaded to the server, transferred, published publicly, processed or entered into the Services by the Client is the sole responsibility of the Client.

The Client is solely responsible for the managements of his/her Services. As such, he/she undertakes to guarantee and free up the Company of any use of the Content transferred to or managed by the services of infringement of third party rights, in violation of law.

The Client shall use the Service in a way that such usage doesn't prevent or interrupt the communication with other computers or mobile phones, nor prevent or interrupt the devices used to provide and use the Services.

The Client is aware and acknowledges he/she is not authorized to use the Services to obtain documents in violation of the law or not complying with general accepted practices.

The Client agrees not to use the Services in order to obtain the documents which themselves, or if sent to another party, might injure the reputation of another, or which, in some way, could result in the violation of a copyright of a third party, or that would constitute a broadcast of a trade secret, or may incite a person to commit or participate in a crime, or could be understood as a threat, or use the Services in any manner that is inconsistent with the object of this Agreement.

The client undertakes to not provide access to the Services to any other person than the users who filled in the form and accepted therefore the Agreement.

The Client undertakes to notify the Company about any alleged breach of this Agreement.

Article 8. Confidentiality

8.1 Confidentiality of the username and password

The username and password are strictly personal and confidential.

The Client undertakes to keep them secret and not to share them in any way. Their transmission to third parties, by the Client, falls under his full responsibility.

Every use of the username and password is made under full responsibility of the Client.

In the case of loss or theft of one of his/her usernames or passwords, the Client must notify the Company without delay by registered letter with acknowledgment of receipt in order to consider together the appropriate measures.

The Company may not be held accountable for the consequences (data theft, etc.) of the transmission or loss of a username or password by the Client.

8.2 Data Confidentiality within the Company

No person working for the Company has access to any data that the Client enters on-line, except when explicitly authorized by the Client.

Only the manager of the Company is authorized to work on the raw databases for well defines needs of maintenance and updating.

Article 9. Protection des données personnelles

9.1 Objet

La Société respecte la vie privée de ses Client et se conforme strictement aux lois en vigueur sur la protection de la vie privée, des libertés individuelles, et protection des données personnelles dont notamment la loi Informatique, fichiers et libertés du 6 janvier 1978 modifiée.

En effectuant votre inscription, vous donnez votre accord sur le fait que la Société puisse stocker, traiter et utiliser les données collectées lors de celle-ci.

9.2 Données Collectées

Les informations personnelles sont les données du Client (nom, prénom, dénomination, adresse postale et électronique, activité, etc.)

Vous disposez d'un droit d'accès, de modification, de rectification et d’opposition à l’utilisation des données qui vous concernent (art. 40 de la loi Informatique, fichiers et libertés du 6 janvier 1978 modifiée).

Tous les Clients et prospects peuvent exercer ces droits en écrivant à ETELEC CONCEPT PLUS - 80 Av du Général de Gaulle - 91170 Viry Chatillon - France.

Le Client est informé que le Site est susceptible de mettre en œuvre un procédé automatique de traçage (cookie), auquel le Client peut faire obstacle, s'il n'est pas inscrit, en modifiant les paramètres concernés de son navigateur internet.

Les données appartenant au Client et hébergées par la Société sont et demeurent la propriété du Client.

La Société s'engage à garder ces données confidentielles.

9.3 Finalités des Traitements

Ces données sont exclusivement réservées à la gestion de l'inscription du Client et traitement des commandes (notamment pour le paiement en ligne) ainsi qu’aux relations commerciales entre le Client et la Société. Ces informations sont également conservées à des fins de sécurité et pour mieux personnaliser les offres faites au Client.

Les informations qui vous concernent sont destinées à la Société exclusivement.

Le Client est informé que la Société peut être amenée, conformément à ses obligations légales, à révéler des données personnelles le concernant dans le cadre de procédures légales (réquisitions judiciaires, etc.) ou encore, si cela s’avère nécessaire aux fins, pour la Société, de préserver ses droits et intérêts.

9.4 Sécurité des données

La Société attache une importance toute particulière à la sécurité des données relatives aux Clients et met en œuvre toutes mesures appropriées aux fins de restreindre les risques de perte, détérioration ou mauvaise utilisation de celles-ci.

La Société a procédé aux déclarations adéquates auprès de la CNIL.

Article 10. Modification, termination and suspension of the subscription

10.1 Services without commitment period

This type of subscription services is concluded for a period of one (1) month from the date of registration. It is renewed monthly by by tacit agreement.

The Client can decide each month to no longer subscribe to Services without commitment he used the previous month, by unsubscribing through the administration tool provided by the Company through these services.

10.2 Subscription modification

The Client may modify the characteristics of his/her subscriptions on the site. This means he/she can modify the subscriptions to increase the storage capacity, to use other Services or to extend the duration of the subscription.

All these modifications may entail changes to the amount invoiced for the Services.

The Client shall be informed accordingly when modifying his/her subscriptions.

Only the Client managers are allowed to modify their subscriptions.

10.3 Termination of Agreement at the initiative of the Client

If the Client cannot connect to the internet, being thus technically inhibited from accessing the subscribed services, he/she may terminate the Agreement by addressing a registered letter with acknowledgment of receipt to the Company, being exempt from the notice period of sixty (60) days.

In accordance with French legislation relative to distance selling, the Client has a period of fourteen (14) calendar days from the date of registration, to exercise the right of withdrawal without penalty and without cause. However, the right of withdrawal can no longer be exercised once he/she has accessed the Service.

In particular, software as a service subscriptions (SaaS) are final and binding by nature, they may not give rise to exchange, redemption or exercise of a right of withdrawal.

The Client may terminate the Agreement, that is to say, the registration and subscriptions to all services at any time, subject to compliance with a notice of sixty (60) days, by registered letter with acknowledgment of receipt sent to ETELEC CONCEPT PLUS – 80 Av du Général de Gaulle - 91170 Viry Chatillon - France.

A request by phone or by e-mail won't be considered as a termination request.

Upon termination, all the Client's content will automatically deleted from our servers. Client data can not be recovered after account termination.

No refunds or credit will be given for months partially used or unused months.

10.4 Termination of agreement at the initiative of the Company

In the case of a payment delay that exceeds fifteen (15) days of any amount due by the Client, the Company may consider that the Agreement was terminated at the due date of the debt and may deny access to its Services until the due sum is settled by the Client.

The company then agrees to keep Client data for sixty (60) days thereafter. Beyond that period the Client data will be destroyed without notice.

In the case of criminal offense, the Company reserves the right to terminate the Agreement at any time and without notice upon non-compliance by the Client of its obligations (judicial offense commited, etc.).

In the case of misuse, the Company reserves the right to unilaterally terminate the Agreement if the amount of information loaded and / or exchanged by the Client would create operational problems on the servers and therefore impact the availability of these servers for other Clients.

In the latter case, the Client concerned will be notified by registered letter with acknowledgment of receipt and will have access to the Service during a period of up to sixty (60) days.

The Company will retain Client data for a period of sixty (60) additional days from the date of interruption. This data will be made available to the Client. After a period of sixty (60) days, the Company may destroy the data without the Client being entitled to any claim or compensation.

10.5 Suspension of access

In case of non-payment by the Client of one of the invoices issued by the Company, or in case of breach of any provision of these Terms, the Company reserves the right to suspend access to its Services until the matter is settled.

Article 11. Price, billing and payment

The prices of the services offered by the Company are listed on the site http://www.b-ecp.com.

The Company reserves the right to other make promotional offers or offers specific to certain Clients which cannot be related to the listed offers.

Prices are in euros excluding tax. The prices given by the Company to the Client during registration are guaranteed for the initial term of registration.

Upon registration, the Client can choose a payment method.

Credit card. Upon payment validation by the bank, the Company issues an invoice for the amount of the subscription. This invoice is then accessible to the Client in his personal area as Client manager. On the first contract between the Client and the Company, the personal area is automatically created and immediately usable for the duration of the subscription.

Check or bank transfer. Upon receiving the subscription request, the Company send an e-mail containing the order / proforma invoice of the subscription chosen by the Client, along with its bank and postal details. This order / proforma invoice is then accessible to the Client in his personal area as Client manager. Upon receiving the payment from the Client, the Company issues an invoice for the amount of the subscription. This invoice is then accessible to the Client in his personal area as Client manager. On the first contract between the Client and the Company, the personal area is automatically created and immediately usable for the duration of the subscription.

The Company reserves the right to use a monthly fee mode with specific clients whose practices do not easily allow a mode of prepaid payment by credit card or wire transfer.

In the case of monthly billing mode the Client has the option to pay the bills using the following payment methods:

By euro denominated bank transfer to the account opened by the Company, whose details are given in the order / proforma invoice confirmation e-mail.

By check payable to ETELEC CONCEPT PLUS to the address: ETELEC CONCEPT PLUS – 80 Av du Général de Gaulle - 91170 Viry Chatillon - France.

Expenses concerning outstanding payments reaching 10 € will be billed to the Clients.

Any invoice issued by the Company is payable upon reception on the first day of the month. However, the Client has a period of seven (7) calendar days per check, bank transfer and bank card to make the payment. Beyond a period of thirty (30) days, the Company reserves the right to temporarily suspend access to its services until payment of all sums owed by the Client to the Company occurs.

The Company reserves the right to block any transaction the time necessary to perform anti-fraud verifications.

In addition the Company reserves the right to terminate the Contract pursuant to the provisions stated in the preceding paragraphs.

The Client undertakes to inform the Company of any change in its postal and bank details or any other information necessary to trade relations between the Client and the Company.

Any disagreement by the Client concerning billing and the nature of the Services will be expressed by reasoned letter sent by registered mail with return receipt within fifteen (15) days from the date of issue of the invoice. In the absence of such a letter, the Client will be deemed to have accepted the invoice.

The Company reserves the right to pass without delay any new tax or any increase in rates of existing taxes. In this case there will be no question of a price increase of services offered by the Company.

Subscription prices mentioned on the Site do not include Internet access and the cost of any telephone line.

It is the responsibility of the Client to connect to the Internet.

The Company can not be held responsible for the quality of the connection provided by the internet service provider.

Article 12. Reference

Unless agreed otherwise, the Company may cite the name of the Client on any document, electronic or other, for reference.

Article 13. Subcontracting

The Company reserves the right to subcontract all or some of the services it is obligated to provide under this Agreement.

Article 14. Transfer

It is specifically forbidden for the Client to transfer against payment or for free, part or all of the rights and obligations he/she holds because of this Agreement.

Article 15. Intellectual property

The general structure of the b-ecp.com and app.b-ecp.com sites, the Services, as well as documents, text, graphics, images, audio and video composing them, are the property of ETELEC PLUS CONCEPT. Any representation and / or reproduction and / or partial or total use, of content and services proposed by the b-ecp.com and app.b-ecp.com sites by any means whatsoever without the prior written permission of ETELEC CONCEPT PLUS is strictly prohibited and might constitute an infringement under Articles L 335-2 et seq of the Code of intellectual property.

The trademark "B-ECP" is a registered trademark ETELEC CONCEPT PLUS. Any representation and / or reproduction and / or partial or total use of these marks of any kind, is totally prohibited.

The Company grants to each Client hereby a worldwide, non-transferable, non-exclusive right to access and use the Services; this right can not be granted sublicense.

Article 16. Constraints of internet use

The Client declares to be aware of the constraints of the Internet as described below:

that internet data transmissions have only a relative technical reliability, circulating on heterogeneous networks with various technical features and capabilities. Therefore, no one can guarantee the proper functioning of the Internet.

that internet circulating data is not protected against possible misappropriation, and thus, the communication of passwords, confidential codes, username, and more generally of any sensitive information is made by the Client to his peril.

that he/she shall take all appropriate measures to protect his/her own data and / or software stored on his/her servers from contamination by viruses as well as from intrusion attempts into his computer system by third parties through the access service.

As a result of the above, and in full knowledge, the Client is aware that access to his/her subscriptions is related to the constraints of internet use and waives any liability of the Company for one or more facts or events mentioned above.

The Client is solely responsible for any direct or indirect damages, material or immaterial, caused by himself (or his agents), to the Company due to the illegal use of the servers hosting the Services.

In the cases mentioned above, the Client agrees to indemnify the company in case of conviction against the latter to pay damages and interest (including attorneys' fees).

Furthermore, the Client will reimburse the Company for the costs of repairing the damage he/she has caused.

The contract begins on the date of subscription by the Client. It is subscribed for the period chosen by the Client.

Article 17. Limited warranty

Except as otherwise legal guarantees in force, the Site and the features offered by it are provided as is without warranty.

The Company assumes no liability for downloading computer viruses or similar code from the Site.

The Company disclaims any liability for password, username, account or information loss or theft in the context of the Site. It also declines any liability for loss of content or data, or damage related to the use of usernames by a third person.

The Site can be accessed from all countries without the content to be available for the countries in question. The Company has no obligation to include this information and does not warrant that the Services are tailored to countries other than those for which they were designed.

Article 18. Limitation of liability

Nothing in this Agreement shall exclude or limit the liability of either of the parties in the case of:

- Death or personal injury resulting from the negligence of either party or its agents or employees;
- Fraud or misrepresentation;
- Breach of any implied condition as to a title or quiet enjoyment.

With that reservation (3 points above), neither party will be liable in an action in contract or tort (including, but not limited to, negligence), pre-agreement statements or other or actions arising from or in connection with this Agreement for:

- Economic losses (including, without limitation, loss of revenue, profits, contracts, data, business, anticipated savings or cost of substitute services); and or
- Loss of goodwill or reputation; and or
- Any other special loss, indirect or incidental;
- That these losses are or are not known to either party at the date of this Agreement, suffered by that party and arising under this Agreement or related to it.

Subject to the particulars of this Article, the total liability of each party arising out of or in connection with this Agreement (that liability stems from a breach of contract, negligence or any other reason) may not exceed the aggregate amount of the amounts paid by Client for the Service during the last 2 months of the date of occurrence of the event.

Article 19. Client support

The subscription of the Services can be fully automated without any action by the Company. The Company provides Clients with assistance and information pertaining to the use of the Services.

through commercial support via email and telephone via the numbers and address listed on the Site from Monday to Friday (except public holidays in France) during normal working hours of the company (from 9:00 to 12:00 and 14:00 to 17.00 - Central Europe Time).

by the presence on the Site of a detailed description of the services and, where appropriate, the necessary requirements for its use.

Any requests and / or error reports must be submitted to the Company by email or telephone in accordance with contact information available on the Site.

Article 20. Hypertext links

The Site contains hypertext links to websites managed by third parties.

The Company can not exercise any control over these sites nor assume any responsibility for their content.

The Company will include no warranties regarding:

- The accuracy, timeliness, quality, completeness and comprehensiveness of the content of indexed websites;
- The adequacy and completeness of the indexed websites;
- The difficulties of access and operation of these websites.

Article 21. Access to the Site

The Company strives to provide access to the site round the clock, 7 days a week, except in cases of force majeure or an event beyond the control of the Company, and subject to any breakdowns and maintenance necessary for the operation of the Site and Services.

Therefore, the Company can not guarantee availability of the Site and / or Services, a transmission reliability and performance in terms of response time or quality.

Article 22. Force majeure

The Company undertakes in light of current technology to keep in the best possible conditions the services offered on the Site. However, it can not be held liable for any interruption of the Site caused by a force majeure, due to a third party, or to the Client.

The liability of the Company will not be able to be retained in case of breach of contractual obligations due to unforeseen circumstances, irresistible and beyond the control of the parties. The parties acknowledge the emergence of restrictions, conventionally and between them, that stand out, such as force majeure or fortuitous event or because of a third party, damages finding their origins or their causes in: natural disasters, fires, floods, lightning, power surges, strikes, stoppages of electricity supply, the failure of the telecommunications network, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions to the provision of telecommunications services, loss of connectivity and connection due to public and private operators from which the Company depends without this list being limiting.

Such force majeure shall exempt the Company mentioned in the Terms of responsibility, for the duration of their existence. However, if a case of force majeure with a duration of more than three (3) months, one or other of the parties would be entitled to end their relationship, after sending a registered letter with notice reception, expressing the decision.

Article 23. Governing Law and Dispute Resolution

These Terms are fully subject to French law.

The Parties shall endeavor to resolve any dispute arising in connection with the interpretation or execution of this Agreement amicably prior to any legal action.

In case of persisting disagreement, the dispute will be subject to the exclusive jurisdiction of the Courts of EVRY (France), despite multiple defendants or warranty, even for emergency procedures or protective procedures in summary or by request.

Article 24. Complaints

Any claim and / or dispute of the Client against the Company must be made by the Client no later than seventy-two (72) hours after the triggering event, under penalty of being declined, by letter to Etelec concept plus, 42 rue de Chatillon - 91210 Draveil France or on http://www.b-ecp.com.