General Terms and Conditions of Use (T&C)
Definitions
- The Publisher (also referred to as "we" or "our"): The individual or legal entity that publishes online public communication services. It is identified in our Legal Notices.
- The Site: All websites, web pages, and online services offered by the Publisher.
- The Service: The service sold by the Publisher.
- The Client: The person using the Site and services.
- The Request: The Request is a demand for work completion made by the Client and addressed to the Publisher.
- T&C: Abbreviation for General Terms and Conditions. These legal notices complete our Privacy Policy and our Legal Notices.
Article 1: Scope
The current General Terms and Conditions of Use (T&C) constitute, in accordance with Article L 441-1 of the Commercial Code, the single basis for the commercial relationship between the parties.
Their purpose is to define the conditions under which the Publisher provides professional Customers with a request to subscribe to the Publisher's services via the internet site https://subrequest.com.
They apply, without restriction or reserve, to all Services provided by the Publisher, regardless of the clauses that may appear in the Client's contractual documentation, and in particular its own general conditions of purchase.
Conforming to current regulations, these T&C are systematically communicated to any Customer who requests them in the course of subscribing to the Services. In addition, they are freely accessible on the Publisher's website. They are also communicated to any Client prior to the conclusion of a single convention referred to in Articles L 441-3 and following of the Commercial Code, within the legal deadlines.
Any subscription for access to Services implies the Client's acceptance of these T&C.
The information appearing in the Publisher's catalogs, brochures, and prices is provided for indicative purposes and can be corrected at any time. The Publisher is entitled to make all modifications that it deems useful.
Conforming to current regulations, the Publisher reserves the right to derogate from certain clauses of these T&C, depending on the negotiations conducted with the Client, by establishing Special Terms and Conditions of Use.
Article 2: Services
2.1 Presentation of Services
The Publisher, named Subrequest, is a web-specialized computer development agency. The Publisher operates as follows:
- The Client subscribes to the Publisher's Services;
- The Client drafts an unlimited number of Requests to the Publisher;
- The Requests are processed by the Publisher, one by one, or two by two (depending on the Service subscribed);
- Once the Request is completed, the Client can validate it or request as many revisions as he wishes;
- And so on. The functionalities of the Services are detailed on the website and in the commercial documentation provided by the Publisher to the Client.
2.2 Subscribing to Services
Access to the Services is only granted after payment of a subscription to one of the subscription offers.
The Publisher has electronic acceptance and confirmation means allowing Clients to make a request for access to the Services in the best conditions of convenience and speed.
The consideration of the order and the acceptance of it are confirmed by sending an email.
The data recorded in the Publisher's computer system constitutes proof of all transactions concluded with the Client.
Article 3: Prices, Duration, and Subscription to Services
3.1 Duration and Prices
The Services are provided to the Client for a fixed period of thirty-one (31) days, from the date of payment.
In the absence of denunciation by one or the other of the parties, the subscription will be tacitly renewed for a new duration of thirty-one (31) days. The Client will be notified five (5) days, three (3) days, and one (1) day before the automatic renewal of his subscription.
The Services are provided at the rates in effect on the day of the subscription request, according to the scales established by the Publisher and accepted by the Client. The Publisher reserves the right to modify the pricing in effect at any time.
The prices are net and exclusive of tax.
3.2 Pausing and Reactivation of Subscription
At any time, the Client has the option to instantly pause his subscription from his client space. If so, the Service provided to the Client also stops instantly.
Unused subscription days are not refunded. They are kept as credits to allow the Client to reactivate his subscription at any time to restart the provision of the Service.
3.3 Subscription Termination/Cancellation
The Client can cancel the subscription until the last second before the anniversary date of automatic renewal of his subscription to the Services, directly from his client space.
The Publisher can cancel the subscription with a fourteen (14) day notice before the anniversary date of automatic renewal of the subscription to the Services. The Client will be notified by email to inform him of this decision.
Between the cancellation date and the end of the subscription date, the Service will be normally provided to the Client, under the initially agreed conditions.
3.4 Billing Terms
Payment is made in a single installment at the time of subscribing to the Services.
An invoice is prepared by the Publisher and given to the Client for each new subscription to the Services.
3.5 Adjustment of Subscription during Subscription period
The Client may modify the subscribed Services, either up or down, during the subscription period.
This can be done autonomously by the Client, directly from his client area.
3.6 Reimbursements
The Publisher reserves the right to refuse reimbursements at its own discretion and without notice or liability to the client. Reimbursement requests are evaluated on a case-by-case basis.
In the case where a reimbursement is accepted, the reimbursed amount will correspond to the price of the subscription prorated to the remaining days on the subscription.
Article 4: Provision of Services
Once the payment made for the first validated subscription to the Services by the Publisher, a personal account is created for the Client.
The Client will have access to his personal account by logging in with his personal identifiers. The identifiers are unique, personal, and strictly confidential.
The Publisher and the Client commit, each for their part, to preserve their confidentiality.
The Client is solely responsible for their use. The Client undertakes to allow access to the Services only to authorized members of his staff.
Any use of the identifiers constitutes irrefutably a use of the Services by the Client, which he expressly declares accept.
The Client undertakes to notify without delay the Publisher of any theft or breach of the confidentiality of the identifiers.
The Publisher makes available to the Client the Services by means of access to its server by the Internet network. This provision is made by remote access, to allow processing on the Publisher's server of the data transmitted by the Client.
The Publisher reserves the possibility to evolve the Services, but only for the purpose of constant improvement in performance.
Article 5: Obligations and Responsibilities of Parties
5.1 Obligations and Responsibilities of the Publisher
The Publisher cannot be held responsible for the legal and financial consequences of any industrial tribunal action, lawsuit, brought against the Client by one of its employees.
In any case, the Publisher's liability cannot be engaged beyond the price of the Subscription to the Services.
The Publisher undertakes to keep confidential all the information that will be communicated to it within the framework of these T&C, both by the Client and by one of its employees. However, this prohibition will not apply to disclosures that must be made to competent authorities and the public in application of applicable laws and regulations. In this case, the Publisher will inform the Client beforehand by any means.
The Publisher undertakes to implement suitable human and material resources to ensure continuous access to the Services.
The Publisher is solely responsible for the corrective and evolutionary maintenance of the Services.
The Publisher will do its best to ensure corrective maintenance interventions so as to impede access to the Services as little as possible.
The Publisher undertakes to safeguard the integrity and confidentiality of the data communicated by the Client, whether during their transmission or while being hosted.
5.2 Obligations and Responsibilities of the Client
The Client undertakes to respect these T&C as a whole, as well as all local and national regulations applicable. Non-compliance with these regulations and these T&C may result in the suspension or termination of access to the Services.
The Client assumes responsibility for maintaining and updating precise, current, and complete account information. The Client is responsible for the security of their account and any use of their account by third parties.
The Client is responsible for the correct use of the Services, including correctly sending Requests and verifying proper execution of these Requests by the Publisher.
The Client provides the Publisher with all necessary information and allows the Publisher to access their account when necessary to provide the Services. The Client is solely responsible for the consequences resulting from the inaccuracy or lack of this information.
The Client must inform the Publisher of any anomaly concerning the execution of the Services within eight (8) days from its discovery, by email, providing all useful justifications regarding the reality of the observed anomalies. After this period, no claim will be accepted.
Article 6: Intellectual Property
6.1 Publisher's Property
The Publisher is the holder of intellectual property rights on the Services and the website, as well as trademarks, designs, models, software, databases, source codes and texts, graphics, logos, sounds, photos, and animations contained therein.
This list is not exhaustive.
Except with the express authorization of the Publisher, it is forbidden to exploit, in any way whatsoever, the Services and the other aforementioned elements, and in particular to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part, except for the acts necessary for their normal use.
6.2 Client's Property
The Client is the owner of the data they transmit to the Publisher in the use of the Services.
The Client grants the Publisher a right to use this data for the execution of the Services, for the entire duration of these T&C. This right includes authorization for the Publisher to reproduce, represent, adapt, translate, and digitize the data, on any medium and by any process known or unknown to date, strictly respecting the confidentiality of the data.
The Publisher commits to taking all necessary measures to guarantee this confidentiality.
Article 7: Personal Data
The Publisher commits to protect and secure the personal data that the Client has communicated, in order to ensure the confidentiality of the latter and to prevent them from being deformed, damaged, destroyed, or disclosed to unauthorized third parties.
However, the Publisher may need to transmit these personal data to authorized third parties (such as its subcontractors for website hosting and data storage), for administrative management purposes and for the execution of the Services. These third parties are required to respect the confidentiality and security of the data.
The processing of personal data by the Publisher is carried out in compliance with the General Data Protection Regulation (GDPR).
The Client has the right to request to access or rectify all or part of their data. They also have the right to object to the processing of their data, request their deletion or limitation, or withdraw their consent, within the conditions and limits set by the regulation. Finally, they have the right to give instructions on what happens to their data in the event of death.
To exercise these rights, the Client can contact the Publisher by email at [email protected], and we will strive to respond to all requests as quickly as possible.
Article 8: Modifications to the General Terms
The Publisher reserves the right to modify these T&C at any time. Any modification will come into effect upon its publication on the website.
The Client is therefore invited to regularly consult the latest version of the T&C online on the site.
If the Client disagrees with the changes made, they must stop using the Services. Continued use of the Services after the publication of the modifications constitutes acceptance of these changes.
Article 9: Independence of the Parties
The parties declare that they act on their own behalf and enjoy their full and entire commercial autonomy.
These T&C do not create any legal or economic subordination link between the Publisher and theClient. Each party thus remains solely responsible for its acts, allegations, commitments, services, products, and personnel.
Article 10: Non-Waiver
The fact that one of the parties does not take advantage, at a given moment, of one of the provisions of these T&C, cannot be interpreted as waiving the right to take advantage of it later.
Article 11: Nullity
In the event that one of the provisions of these T&C is declared null or without effect, this clause would be deemed unwritten, without that affecting the validity of the other stipulations, unless the clause declared null or without effect is an essential and determining clause that led one of the parties to conclude the contract.
In this case, the parties will approach each other to agree on a new stipulation.
Article 12: Mediation
In case of a dispute, the Client may resort to conventional mediation or any other alternative mode of dispute resolution.
Article 13: Applicable Law and Competent Jurisdiction
These T&C are governed by French law.
Any dispute relating to their interpretation and/or execution falls under the French courts.