GENERAL CONDITIONS OF USO (GTU)
GENERAL CONDITIONS (CGV)
ACCUERDO DE NIVEL DE SERVICIO (SLA)
Preamble
KA-Groupe – MAGILEADS is specialized in the provision of IT services in SaaS mode. The list of computer services and applications that may be available to the Customer is available on the company's web page, www.magileads.eu or if you request a commercial offer.
The services that MAGILEADS offers are accessible remotely through the Internet.
The Customer will use an external computer solution for their business needs.
In testimonial of where it is confirmed and determines what follows
Glossary
Direction URL: Collection of data that allows you to access Internet information from a web browser. Contains the number of the server and the route of the document.
Applications: Refer to all programs and software solutions available to Customers in SaaS mode.
Customer: All legal and legal persons who have firmed these general sales conditions.
Contrato: This document was called Contrato.
Data: Please refer to all customer information and data generated by the implementation of the applications or processes produced by them.
Area of customers: Area segura en el website www.magileads.eu, Accessible only to MAGILEADS customers, which allows them to access their personal data, download their assumptions and invoices, and realize their charges.
Internet: Refer to all interconnected networks, which are found in all regions of the world.
SaaS: Software as a service is a concept that consists of offering a subscription to software provided as a service, in order to purchase a license.
Services: Refer to all services and software solutions that MAGILEADS undertakes to provide to the Customer in the delivery of the Contract.
Solution: The “information solution” or “software solution” refers to the services, software and infrastructure available to the Customer.
Article 1. Object
These General Sales Conditions apply to all services provided by MAGILEADS to our professional customers, independently of the terms that may appear in the Customer documents and, in particular, in addition to the general sales conditions.
The contract is made up of the following contractual documents, presented in legal order of decremented legal value.
- General conditions of sale and service;
- Any subsequent changes to this contract
In the event of a contradiction between one or more of the provisions of one of these documents, the document will prevail.
Any stipulation on the contrary in which any other document is considered unwritten (electronic correspondence, fax, etc.). It is understood that any modification, in particular handwritten, shall refer to an essential or non-essential element, or which consists of the addition or deletion of any element, shall be expressly accepted in writing by all parties.
Article 2. Durability of the contract
These General Terms and Conditions of Sale and Service will be in force on one of the last few days (01/01/2022) for an indefinite period.
Article 3. Commercial Proprietary
The Customer's responsibility will be exhaustive at the time of explaining its necessary properties, evaluating its suitability for the software solution and ensuring that it has the necessary competence to use it.
The Customer recognizes that he or she has been informed of the need to be assisted by MAGILEADS or by any other professional of your election, in order to evaluate your needs and to use the SaaS Solution to obtain the conditions established in this document.
Article 4. Pedir
The sale will be considered perfect if it has been prepared by a commercial proposal and MAGILEADS has been expressly accepted and written by the Customer's pediatrician.
When the customer receives a service online, the sale is completed when MAGILEADS receives the order form provided online and on the page.
All requests for changes and requests to a professional are validated prior to express and written acceptance of the parties.
The cancellation of the order by the Customer following its acceptance by MAGILEADS, for any reason, will result in the full billing of the service, in the concept of damages and losses, as compensation for the loss.
Article 5. Prizes
The services offered by MAGILEADS are provided at the current prices of the MAGILEADS customer registration, acquired with the commercial offer developed by MAGILEADS. Prices are expressed in euros, without impuestos. Prices will be revised every year depending on the evolution of the index. Syntec.
Article 6. Terms of delivery
The operating conditions may vary depending on the service provided.
The deposit must be paid on the day when the delivery is made, the restaurant must be paid on the day when the invoice is issued.
If a calendar is included in the commercial offer, the price will be placed on the squares in the form and the squares are stable in the calendar.
MAGILEADS will prepare an invoice and store it for the Customer, where it will be available in the Customer Space, when the requested services are provided.
MAGILEADS will not grant any descuento.
Any notice relating to invoicing and the nature of services must be sent by postal mail to the attention of the Accounting Department, located at 40 rue de plaisance, 75014 Paris, or by electronic mail to compta@magileads.com at the plaza. one (1) month from the issuance of the corresponding order of purchase or invoice.
The pages made by the client are not considered to be definitive if MAGILEADS has effectively confirmed the candidates' candidates.
In the event of a return to the customer's account of the seller's position in the commercial proprietorship and/or the invoice, there will be penalties for return, in addition to unpaid compensation, for which it is due Decree nº 2012-1115 of 02/10/2012, for cobro gastos of 40 euros.
As a penalization clause, anyone implicated in it will be allowed to do so, without perjury of anyone else through the recursion, of 15% of the debts and pending charges.
These sanctions will be imposed automatically by MAGILEADS, without formal notice or prior notice.
Any return shall also be subject to the immediate payment of all cantidades submitted by the Client, without prejudice to any other action that MAGILEADS may take against the Client in this respect.
Furthermore, MAGILEADS reserves the right to cancel, in the event of failure to comply with previous payment conditions, the provision of services provided to the Client and/or the provision of its obligations. The suspension of a service does not result in the suspension of your billing.
Article 7. Durability and renewal compromise
MAGILEADS services are subject to a one (1) year compromise, unless otherwise indicated in the commercial offer accepted by the Customer.
From this moment on, the subscription will be renewed tacitly for successive periods of one (1) year, provided that the Customer receives the confirmation with the conditions established in this document.
At the time of renovation, applicable prices and prices will be valid on the day of renovation.
Article 8. Entrega
MAGILEADS undertakes to achieve the best possible results to provide the services requested by the Client in the places established under the Commercial Conditions.
However, these places communicate with an indicative title and a possible rebasamiento of the mismos will not be allowed to any type of prejudice, retention or cancellation of the patient by the customer.
If the requested services have not been provided in the place of one (1) month from the previously indicated request, for any reason that there is no cause or culpa of the Customer, the sale may be canceled at the request written by the Customer Customer. The cantidades sent by the Customer will be delivered.
In case of reservations or complaints expressly made by the Customer at the moment of the sale of the products and services, they are considered to be in conformity with the order, in cantidad and quality.
The Customer will respond within eight (8) days of delivery of the services for express reservations or requests by postal mail to the attention of the Accounting Department or by electronic mail to compta@magileads.com, together with all supporting documents. relevant.
We will not be able to validly accept any complaints in the event of receipt of these formalities and orders from the Customer.
Article 9. Responsibility of MAGILEADS
MAGILEADS will not, in any case, be considered responsible for any indirect damages suffered by the Customer that may derive from the ejection of this Contract and its consequences. It will be understood that indirect damages include, but are not limited to, the loss of profits or profits, the loss of data, the loss of opportunities, commercial damages, the consequences of queries or claims of third parties against the Customer, at a cost MAGILEADS has been advised of the possibility of its production.
In any case, the liability of MAGILEADS in the event of damage to the Customer, for any motive and reason which is the legal basis invoked and retained, for all the damages combined, is expressly limited to the following statements: If any damages are related to the implementation or unfolding of the software solution, back (2) with the importance of the costs related to the implementation of the solution: costs of implementation, specific details and consultation. This is expressly exclusive of license fees and training fees.
This clause is considered essential and decisive for MAGILEADS, that we cannot celebrate a contract without it. The Client undertakes to inform MAGILEADS, in writing, in case the sums guaranteed are insufficient to cover any incident incurrido for their data and/or their activity.
In this case, the Customer must contract an additional security service to provide sufficient guarantees.
Article 10. General guarantees
MAGILEADS expressly guarantees the conformity of the products and services requested with the contractual documents.
MAGILEADS guarantees that any customer service, software solution, documentation or other element supported by a derecho of intellectual or industrial property is lost on a tercero o la MAGILEADS propia, which is used or available, does not infringe on any derechos of intellectual or industrial property of terceros.
In case it is recognized that the totality of the service provided by MAGILEADS constitutes a falsification, competency for the purpose of any other violation of the intellectual property rights, MAGILEADS will obtain the loss so that the Customer continues to use the computer services, object of the action in question, or the substitution of equivalent elements which does not constitute the violation of the denunciated defendants, or the modification of the Services to avoid such violation.
The warranty obligation does not apply if the Customer has realized or mandated to realize changes in the software solution.
The Client guarantees that he has obtained the necessary authorizations when requesting from MAGILEADS, in the course of the provision of services, the use of any software solution, documentation or other element protected by a lack of intellectual or industrial property in a third party.
The Customer will be guaranteed to MAGILEADS by any claim, complaint, action by infringement or competency of legal relations with the misma, and correrá with the imports, costs and gastos relacionados with two infringements and supported by MAGILEADS.
Article 11. Privacy
Definition of confidential information
In effect of this Acuerdo, the term “Confidential Information” means all the information, data, documents of any type of a Party that are transmitted or are to be known to the other Part por escrito or orally or for any other medium and inclusive, Without limitation, all technical, commercial, strategic, financial information, studies, specifications, software, components, products and equipment.
Confidential information does not include publicly available information, or information that is publicly available without a contractual or legal breach of confidentiality.
Protection of confidential information
The Party that receives the Confidential Information is compromised with the other Party to protect it and maintain it strictly confidential and to treat it with confidence.
This prohibits the disclosure of Confidential Information to a Third Party without prior consent by writing of the other Party.
Internally, it is decided, within the contracting companies, the Confidential Information only can be transmitted to those persons who need to know and only for the purposes of what has been disclosed.
This compromise of confidentiality will be maintained for a period of five (5) years from the date of finalization of the relationship between the Parties, for any reason.
Sensitive data
When communicating data designated “sensitive”, the Customer must be formally notified and written to MAGILEADS for the processing of data subject to specific control.
MAGILEADS applies the appropriate technical and organizational medicines to protect these “sensitive” data, which benefit from a higher level of protection, particularly in the context of the transmission of data through the network.
The application of exceptional protection procedures may be subject to specific billing.
Authorized Terceros
MAGILEADS is expressly authorized to interchange with any Confidential Information relating to the Services with Terceros that have been designed by the Client for its own missions: accountant, provider of information services, socio and/or investor, consultant, provider of logistics services, etc.
The customer must inform MAGILEADS by writing of any limitation that claims to apply this clause.
The Client will be responsible for the processing of Confidential Information on behalf of the Client.
Advertising and promotion
The Customer expressly authorizes MAGILEADS to benefit from the services provided and, in this context, authorizes the reproduction of its logo and its brand in any advertising or communication, whether or not it is on its carrier.
Article 12. Security
MAGILEADS adopts the technical and organizational methods necessary to impede access or fraudulent use of data transmitted by Sean, as well as to avoid loss, alteration and/or destruction.
Lifesaving procedures
MAGILEADS will produce periodically and forma redundante a security copy of the data stored by the Client for its activity, in accordance with article 34 of Law nº 28-17 of 6 of 1978 relating to information, archives and data libertades, which stipulates that: “. The person responsible for the treatment is obliged to take all the necessary precautions, taking into account the naturalness of the data and the risks that present the treatment, to preserve the safety of the data and, in particular, to avoid that sean is deformed, damaged or damaged. that terceros do not authorize access to them (…) “.
To complete these measures, the Customer must implement an independent, recurring and reliable security copy process, using the available extraction functions available through the software solution, or through the Customer Space.
Access to software and/or Customer Space
The identifiers to access the software solution and/or the Client Space will be defined or redefined by the Client. These identifiers are personal and confidential.
The Customer is fully responsible for the use of the access data and the custody of the associated access codes and assumes responsibility for the security of its computer equipment.
Article 13. Functional data
The data used, processed, transferred, transferred or supplied by MAGILEADS in the number of Customers shall be their ultimate property.
Access to data is restricted to Customers. However, the Customer has informed and agreed that MAGILEADS will also be able to access it at the end of its mission and improve the quality of its services.
The Client will be responsible for the processing of personal data and will retain full control of the data to which MAGILEADS may have access to the contractual relationship.
MAGILEADS only acts as a subcontractor in accordance with the legal provisions relating to the protection of personal data, provisions that are committed to compliance.
MAGILEADS commits itself to not carrying out any act of those elements which may be available to the Customer which may constitute an infringement of derechos or a falsification.
MAGILEADS commits itself to not exploiting or using the personal data contained in the computer system for its necessary properties or for any of these items.
The Client will be responsible for any declaration and/or administrative procedure (in particular any declaration to the CNIL), necessary for the collection and registration of personal data entered through the Informatics Solution.
The Customer will not be harmed by MAGILEADS for any complaint made with the use of the Informatics Solution by the Customer's owner, or if any third party has access to it, and it will correspond to the imports, costs and gases related to these violations. MAGILEADS cargo ship.
Article 14. Customer Responsibility
Please note that the processing of the Contract requires active collaboration between the Customer and MAGILEADS, as well as the honest information provided.
The Client agrees to have at the disposal of MAGILEADS all the documentation and information necessary to carry out the agreed services and to ensure all organizational measures to guarantee the collaboration of your personal with MAGILEADS.
The Client will provide all the necessary requirements for the project, including in particular
- Nobrar has a project director who will tend to make decisions respecting the solutions proposed by MAGILEADS;
- Subscribe to a service contract in accordance with your requirements;
- Proporcionar training a su personal.
In the case that the Project Director is not available for the sequence of your project, or in the case that the Project Director is already with the Client, the Client commits itself to all the necessary measures to remedy this deficiency , in particular nombrando a new contact person and reorganize the training.
Furthermore, when the totality or part of the services is carried out in the premises of the Client, it is compromised to provide the personnel of MAGILEADS with working conditions adapted to their needs.
Otherwise, the Customer is responsible for the acceptance of the software solution.
The Customer recognizes that he has been informed of the need to be assisted by MAGILEADS or by any other professional of his election, if he considers that it is not in the conditions of carrying out the procedures to be tested before the puesta en servicio de l'solution informática.
Article 15. Seguros
Each party will be responsible for any direct and probable damages caused to the other party as a result of the failure to comply with their obligations under this contract.
Each party declares to be ascertained by a reconfirming company which resolves and maintains on all days of security, to cover any damage caused to the other party or third party as a consequence of the obligations of this contract.
The security policies contracted must be cancelled, as a minimum, the following daños
- Traditional civil liability: Locales, persons, personal damages, etc.
- Computer responsibility: computer system, data, interruption of activity.
Each party must be subject to the request of the other party.
Article 16. Termination/Suspension
Rescision without impago
The Client may, as long as it respects its contractual agreement, rescind the present contract without holding as justification for its decision, as long as it respects a notice of one (1) month, by means of a certified card with acknowledgment of receipt or by electronic mail to the following direction: compta@magileads.com. In this case, MAGILEADS will not be required to re-embolso. The Client agrees to pay immediately all the cantidades and costs that the queden has to pay in virtue of the present contract.
MAGILEADS may rescind the present contract in any moment of its ejecución, of full derecho and without the need to justify its decision, previo noticeo de seis (6) meses porta certificada con acuse de recibo. MAGILEADS undertakes to re-embols the Customer the prorated price paid for the period of time of the contract.
Rescision in case of accumulation
In case of incumbency by one of the parties of one or other of our obligations arising from the contract, we are not subsanado in the place of three (30) days from a card certified with acknowledgment of recibo notificando los incumplimientos en cuestión y enviada by the complaining party, the contract will result in full derecho, without perjuicio of the damages and perjuicios that can be claimed from the incumplidora party.
The document notification document that specifies the details in question will be the document for the first presentation, in the case of certified documents with acknowledgment of receipt; in the opposite case, the failure of the matsellos.
This contract may be canceled by the effect of the law in the event of major damage.
Article 17. Reversibility
In the event of termination of the contractual relationship, whatever the cause, MAGILEADS undertakes to devolve or destroy, at the customer's election, all data that is lost.
The devolution or destruction will take place within three (30) days from the receipt of a request sent by certified card with acknowledgment of receipt.
In the event of restitution, the data will be transmitted to the customer in a standard format that can be used in an equivalent manner. However, it is understood between the parties that MAGILEADS does not guarantee the compatibility of the format of the data with the computer application of the customer intended to be received, nor the time necessary to integrate the data.
At customer request and prior billing for additional services, MAGILEADS may assist you in facilitating the recovery of data.
These assistance services are billed at the current rate.
The Customer has informed and accepted that MAGILEADS will proceed to the elimination of all data transcurrido el plazo de one (1) upon finalization of a product or service provided by MAGILEADS and upon request of a devolution.
Article 18. No personal
The Client will refrain from contracting or participating in any MAGILEADS co-worker in the delivery of the Services, directly through an intermediary, without the prior and express receipt of MAGILEADS, including if the initial request is carried out by the co-working owner.
This renunciation will be valid for the duration of the present contract and for a period of two (2) years following the finalization of any service provided by MAGILEADS.
In the event that the Client is not entitled to this obligation, agrees to indemnify MAGILEADS, in particular for the selection and contract costs, training costs and damages and losses arising from the compromises you have acquired, you will immediately pay a global sum without impuestos, but the IVA, equivalent to three (3) years of the new gross annual remuneración of the person in charge or, if it is superior, to three (3) years of its previous gross annual remuneración.
Article 19. Intellectual Property
The Customer is the owner of all the data used through the application services in the Contract.
MAGILEADS is the owner of the property requirements relating to all the elements of the services and application solutions available to the Customer, as well as, in a more general manner, the information infrastructure implemented or implemented in the Contract.
The Contract does not provide the Customer with any instructions regarding their solutions. The temporal summary of the solutions in the conditions established in the Contract will not be analyzed as the transfer of any derecho of intellectual property to the Client, in the sentiment of the Code of the Intellectual Property in French.
The Customer will not be able to reproduce any part of the software, nor any documentation relating to the same, in any medium, form or in any supported form.
Article 20. Varios
Sin renuncia
A formal agreement between the Parties that any Party tolerates or renounces, in compliance with the totality or part of the agreed compromises in the Contract, regardless of the form, frequency or duration of the mismos, will not be considered a modification. of the Contract, nor will it be likely to create derecho alguno.
Divisibility of the clauses
If any of the clauses of the present contract are declared void under a valid legal standard or of a judicial resolution that has been adquired, it will not be considered in writing, unless it confirms the nullity of the contract or alters it, validate it from now on. The fact that one of the parties does not require the application of a clause of the contract or is consistent with its incumbency, it has a permanent or temporal form, it is not interpreted as a renunciation of this party to the derechos that it corresponds to in virtue of this clause .
In this case, the parties replace, at least possible, the provision canceled by a valid provision that corresponds to the hope and the finality of the contractual conditions.
Rubrics
The packaging of the articles is only to facilitate the reference and does not require any contractual value or particular significance.
Changes
These General Sales Conditions may change at any time. All new conditions imply full acceptance of the new General Sales Conditions.
Notifications
All correspondence directed to MAGILEADS must be sent to the management of your registered office: 40 rue de plaisance – 75014 Paris – France.
Distribution of the contract
When this contract is celebrated "intuitively", the parties will abstain, by one party, from transferring, for any reason and in any form, it is a one-time or gratuitous title, the contract or any of their previous obligations and obligations a third party and, by other parties, to entrust to a third party the ejection of the totality or part of your contractual obligations.
Pruebas informáticas
However, the data recorded by MAGILEADS through its website www.magileads.eu and/or the Software Solution constitutes the record of transactions between MAGILEADS and the Customer.
Article 21. Jurisdiction – Derecho Applicable
This contract is subject to French legislation, but one or more of the parties have extra nationality and/or the services are carried out totally or partially in the extranjero.
Before undertaking any legal action, the parties must accept an amicable solution through conciliation or negotiation.
In case of not encountering an amicable solution, any dispute relating to the formation , interpretation or ejection of the present contract, including in urgent cases, will be the exclusive jurisdiction of the courts of PARIS, without more than one request or complaint warranty. This competency also applies to the summary procedures.
SERVICE LEVEL ACCOUNT (SLA)
Preamble
MAGILEADS is specialized in the provision of IT services in SaaS mode. The list of computer services and applications that may be available to the Customer is available on the company's web page, www.magileads.eu o when you want a commercial propuesta.
The services that MAGILEADS offers are accessible remotely through the Internet.
The customer wants to use an external computer solution for their business needs.
Glossary
Software as Service: The terms “Software as Service”, “Software SaaS”, “Subscription Service”, “Software”, “Application” refer to the software provided through a subscription and that includes services.
Main and additional service: A main service is a service that can operate independently of any other service.
A supplementary service (or a new service) is necessarily combined with a main service: Option or complementary module, for example.
permits : The “user permits” are configured to affect a user, permits to be extended or limited to those permitted and permitted in the application.
User: Refers to whoever accesses the software solution.
Administrator user: Refer to an application user with extended or complete user permissions in the software.
Final user / Access to user / Cuenta de usuario: Refer to employees or other legal or legal persons that the Customer has trusted identifiers that allow access to the software solution.
Identifiers: Refer to the username identifier (login) and the connection opposite.
Operating Data: Refer to the data introduced and generated by the application.
Almacenados archive: Please refer to any archive loaded for storage in the application, the original content is preserved by the Customer.
Initial and additional service: An initial service is a main service service with or without additional services.
An additional pedido is a subsequent pedido of additional services.
Article 1. Object
These Special Conditions apply to any SaaS Software provider from MAGILEADS to professional customers, regardless of the terms that may appear in Customer documents, including in particular these general sales conditions.
Customer's use of SaaS IT solutions commercialized by MAGILEADS necessarily implies acceptance of these conditions. Any modification of these provisions will be available to the Customer at this time and will be communicated by any media.
Article 2. Instructions and entry of subscriptions
Activation of the application
Please note that MAGILEADS has received the instruction, the Customer will receive the instructions electronically, as well as an identifier and a contraseña that will allow you to access the Application.
The information that relates to the instructions will be recognized as the instruction for the requested service.
If you hear the opposite, MAGILEADS will not be responsible for it. Therefore, the Customer is invited to change immediately.
Creation of additional user cues
During the use of the applications provided by MAGILEADS, the user may have the possibility of creating new user accesses.
These user accesses are billed subject to the current tariff conditions upon activation.
Activation of additional services
In the context of the use of the applications provided by MAGILEADS, the user may have the possibility of activating additional services.
These new services are subject to the current tariff conditions upon activation.
User licenses
The Client is the only one responsible for the distribution of user accesses and the assignment of permits to the appropriate applications, in particular when accesses permit the activation of additional commands.
Article 3. Financial conditions
When you subsequently use the MAGILEADS software, associate with the support and maintenance services, the Customer will pay a price, also subscribed.
The billing frequency of this subscription is adapted to the period of compromise of the subscribed service.
All subscriptions are billed to the plazos. The subscription must be paid through monthly bank domiciliation or recurring payment with a credit card. The payment by check, banking or postal transfer must be requested by electronic mail to the administrative department at accounting@magileads.com and will be accepted in advance by MAGILEADS.
The guarantees provided by MAGILEADS respect the security of transactions that are identical to those obtained by MAGILEADS from the publisher of the payment systems.
In addition to the elements provided by the client, the computer records, stored in the computer systems of MAGILEADS and their socios in reasonable security conditions, will be considered as proof of communications, pedidos, validations and messages between the client and MAGILEADS .
This information will be considered authentic between the parties, provided that the client has written proof of the contrary.
The invoices are available immediately in the customer area accessible from the MAGILEADS web page, and access is reserved for the customer, and their identifiers are only available to you.
The charges will be posted at the time of your broadcast.
If the subscription price has not been passed on by the Customer in the event of purchase, MAGILEADS may, at its discretion, suspend the execution of the contract.
The suspension of the service does not mean that there is no billing. To reactivate your cues, the Customer must pay a credit card, from their customer area, all sums owed to MAGILEADS.
Article 4. Durability of the compromise
Subscription
The subscription to the service, which can be started with a free charge, will be extended automatically until the end of each period. Every initiated period will be billed in full.
Renovation
The renewal of the contract is automatic and automatic, provided that the customer receives the confirmation with the established provisions in this document. At the time of the renovation, the compromise period was extended by a period equivalent to the period of legitimate billing by the client.
Additional control
The order of additional user cues does not modify the initial compromise period. These cuentas are subject to a compromise of 1 (one) measure.
Additional service fees are subject to a time compromise that may vary depending on the service listed above. The Customer will be informed of the duration of this compromise at the moment of the pedido, by fault it is a month.
In the event that the duration of the number is super long and that it is subject to the main service, the number of the main service will be adjusted accordingly.
Article 5. Access to the solution
The SaaS solution is available on the Internet, through a URL provided by MAGILEADS. If the Client provides a URL, it will complement the URL provided by MAGILEADS. Ambas URLs function simultaneously.
The Client is solely responsible for the operation of the URL provided. Please ensure that your adjustments are adjusted to the MAGILEADS guidelines.
MAGILEADS reserves the right to request the use of a URL appropriate for the Customer.
Article 6. Software compatibility
To use SaaS solutions, the Customer must have an adequate IT team and a sufficient Internet connection.
However, the customer guarantees are limited to the following description below:
- Computer with a processor up to 2 GHz, 4 GB of RAM and 64 MB of graphic memory;
- Screen with a minimum resolution of 1024 x 768 pixels;
- Internet connection via ADSL, cable or fiber
- Operating system MS Windows, Mac OS or Linux
- Last version of the web browser Google or Firefox
Since the Software file amplifies the compatibility criteria, these statements are in accordance with the information title and do not compromise the responsibility of MAGILEADS.
Since the Software file restricts the compatibility criteria, these mentions are mandatory and the Customer must be able to use the Software.
The Customer has informed that MAGILEADS does not control the technical development of Internet browsers. In case of incompatibility of the Software with the browser, linked to a modification of this last one, MAGILEADS will provide a slot of three (30) days to modify the software accordingly.
In the event of technical impossibility, MAGILEADS may modify the legal requirements.
Article 7. Technical resources, volume of data
The development of the SaaS Solution provided by MAGILEADS is characterized by the material uses, in particular the disk space consumed by the client's archives, the space used by our data, the information capacity and the other band.
The limits and restrictions on the use of these hardware applications are specified in the description of the elegida SaaS Solution, and depend on the number of access points of the declared users.
To guarantee the processing of Customer data, you can apply limits and restrictions to the same type of processed data, which is specified in the descriptive sheet of the Elegida SaaS Solution.
If these items do not match, the Customer must subscribe to a service adapted to their consumption.
Article 8. Security
The Customer will be solely and totally responsible for the use, conservation and confidentiality of the identifiers and contraseñas that allow access to the software provided by MAGILEADS.
The Customer is responsible for defining its information security policy, and applying it with organizational means and materials adapted to its needs.
Hacking or fraudulent access
In the event of piracy or fraudulent access to the software, MAGILEADS may suspend access at its discretion, immediately and without prior notice.
This interruption does not result in any compensation to the Customer.
Article 9. Safety Copy
Operation data
As part of our Services, MAGILEADS will ensure that the Customer's operating data is returned within 48 hours.
MAGILEADS undertakes to restore a copy of acquired security with the following procedures:
- Otherwise, in the event of technical problems attributable to MAGILEADS;
- As additional service charged at the current rate, for any other reason (in case of handling error, improper use of the solution, etc.).
In addition to the free restoration of a security copy, MAGILEADS will restore the security copy to its full extent and cannot respond to requests for partial data restoration.
Almacenamiento de archives
In the case of archives imported by the Customer in the SaaS Solution, the Customer is responsible and must personally guarantee the conservation of the original archives in an independent computer system.
Safety, training and free applications
The data contained in these applications is not guarded, nor is it subject to the guarantees offered by MAGILEADS.
Article 10. Availability Compromise
Access to services
MAGILEADS will make SaaS software available to Customers over the Internet, 7 days a week and 24 hours a day.
Without embargo, MAGILEADS reserves the right to restrict access to the SaaS Solution in whole or in part to guarantee its maintenance.
MAGILEADS will inform the Customer of these operations by any medium.
Maximum software inactivity
The maximum monthly inactivity time of the Software is set at 1% (one by one) of the time.
Maintenance periods carried out between 8:00 p.m. and 8:00 a.m. will not be recorded at this time.
MAGILEADS will not be responsible for any difficulties in accessing SaaS solutions due to Internet network interruptions.
Penalties
If this tolerance of unavailability exceeds, the Customer will tend to ask MAGILEADS for the penalty.
For every hour of unavailability that exceeds the maximum monthly rate defined, the penalty charged will be equal to the centesima part of the monthly billing of the service in question, during which time the excess is observed.
This penalty cannot be superseded by the monthly bill.
Medición de la tasa de disponibilidad
MAGILEADS applies the sequence procedures of the availability database and undertakes to communicate the resulting information of this true format sequence.
In the event that the Customer does not accept the medications adopted by MAGILEADS, you may apply a contradictory control solution, ensuring that you communicate with MAGILEADS within 7 (days) of prior notice.
All costs related to this inspection correspond to the Customer's cargo.
Article 11. Compromise with the fluid
Compromise with service fluidity
MAGILEADS commits itself to respecting a duty of service adequate for the user in terms of fluidity of the service.
This adequate response time is based on the technical limitations of the service used and the frequency with which you consult it.
To view the current pages, the application must respect a maximum of 5 (five) seconds.
To view the results of the bus, the application must respect a maximum average retraso of 10 (diez) seconds.
Exclude this maximum time on the pages:
- permitting the import or export of data,
- of the results of the advanced bus,
- visualization of summarized or statistical quadrants,
- download archives,
- batch processing.
These compromises will only be payable to MAGILEADS if the Client strictly complies with the terms and restrictions stipulated in the contract.
Medicate service fluidity
MAGILEADS will apply procedures to control the fluidity of the services and will be committed to communicating the resulting information from this control in the correct form.
The service fluid medication is based on a set of 10 successive medications, with a minimum return of 1 hour, for a maximum period of 24 hours.
In the event that the Customer does not accept the medications adopted by MAGILEADS, he may request the application of a contradictory control procedure.
All costs related to this inspection correspond to the Customer's cargo.
In case of failure proven by MAGILEADS, the cost of the charges invoiced by MAGILEADS will be fully refunded to the Customer, and MAGILEADS will correct the anomaly in a reasonable place and will provide new medicines without cost.
Article 12. Assistance requests
To guarantee a calidad service, MAGILEADS offers a user assistance and corrective maintenance service.
These interventions are appropriate as part of access to the SaaS Service under the conditions established under the General Conditions of Assistance.
Article 13. Terceros systems
In terms of SaaS Services, MAGILEADS compromises only refer to the software published and submitted by MAGILEADS.
In particular, MAGILEADS is not responsible for any operating errors originating, directly or indirectly, from a third-party information system.
Article 14. News
Update menor
These updates include minor changes in the application and corrections of operating errors.
The updates are subject to customer realization and do not require special technical knowledge.
Important update
These updates carry new characteristics and have significantly changed the behavior of the software.
Important updates will be delivered to your account by MAGILEADS, they will be free of charge or in the meantime.
Article 15. Cancellation
In the event of a serious incumbency by a Party of any of the obligations arising from the contract, the other Party may be requested, by certificate certified with acknowledgment of receipt, so that there is no incumbency in the place of a maximum of one (1) month. , de acuerdo con l’establecido en esta cáusula.
If the charges do not occur in the place of one (1) month, the contract will automatically be canceled without the need for notification or judicial proceedings.
Rescision by customer initiative
When the subscription begins with a period of payment, the Customer can, during all periods of the period, cancel the subscription at any time by sending a simple electronic mail to compta@magileads.com. Any request for rescission before the end of the period of payment is subject to a minimum period of notice and will not be confirmed.
In all cases of cancellation of a subscription, and for any reason, the customer must contact the cancellation request by electronic mail at compta@magileads.com. Cancellation of subscription is subject to a one month notice period. MAGILEADS will tend to wait for the services provided until the termination date is effective, which will tend to be at the end of the one-month notice period that begins upon receipt of the termination request, and in addition to the duration of its compromises. .
Finalization by MAGILEADS initiative
The termination of this contract in the event of contractual incorporation of one of our obligations on the part of the Client will be automatically terminated and due to the loss of all sums accepted by the Client to MAGILEADS, including the sums accepted as a matter of course. contractual compromises, which will be immediately due.
Article 16. Reembolso
The termination of this contract in the event of contractual incorporation of one of our obligations on the part of the Client will be automatically terminated and due to the loss of all sums accepted by the Client to MAGILEADS, including the sums accepted as a matter of course. contractual compromises, which will be immediately due.
Article 17. Final provisions
The contract, the present contractual conditions and all the legal relations that arise from them are based on the French derecho.
For all disputes arising or relating to the contract or these contractual conditions, the courts of Paris (75, France) will have jurisdiction, with the exclusion of any other person