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Conditions Générales de Ventes
General Conditions of sales
General Conditions of sales :
General Conditions of sales -1 st august 2007- ____________________________________________________________ First article : Parties ------------------------ These terms and conditions (« Agreement ») apply to purchase of service (« Product ») is between you (« Customer ») and Novaléo (Limited Liability company) with a 25 000 € shared capital. Its ID number at the Rennes (France) corporate and trade registry (RCS) is 499 317 998 00015. Address : 2, rue de la Châtaigneraie CS 17607, 35576 Cesson-Sévigné via its offical website www.toofax.com. Second article : Acceptation and general conditions modification ----------------------------------------------------------------- 2.1 These terms and conditions constitute the entire Agreement between the parties regarding the use and providing service the www.toofax.com website. 2.2 By checking the box: « I have read and agree to the terms and conditions », you hereby accept to be bound by all these terms and conditions which have the sole and exclusive right on any other terms such as general and specific purchase terms and on all prior oral and written Agreement unless explicit and written permission has been granted. 2.3 If you subscribe to the terms and conditions on behalf of a company or a third party, you you solaly declare having the required authority under the terms and conditions. 2.4 If you do not have the relevant authority or if you do not agree to these terms and conditions please leave immediately the www.toofax.com website. The un-acceptance of the terms and conditions automatically cancel the relevant services subscribed. 2.5 Any amendment on these terms and conditions, except any amendments thereto, relating to the Service or specific requirements on tariff regulations, apply only in case of any other amendment signed by both parties. However, an on-line approval of new terms and conditions version, this will predominate on every other version. Third article : Definitions and servive characteristics -------------------------------------------------------- 3.1 « Customer » as referred to in this document shall mean: moral or physical individual of whom details have to be mentioned in the terms and conditions. 3.2 «Agreement» as referred to in this document shall mean: the terms and conditions including specifics conditions. 3.3 « the Addressee » as referred to in this document shall mean: the correspondent mentioned by the customer to whom novaléo delivery the document related to the service. 3.4 « Documents » as referred to in this document shall mean: any details sent by the customer to novaléo regarding his sending to the mentioned addressee. 3.5 – Faxing one at a time The sending fax service on demand (Mail to fax) offers two service options: 3.5.1 – Sending one fax page at a time 3.5.2 – Sending one or several fax page with prepaid credit (€5 or 10€). 3.5.1 – Sending one fax page at a time. The offer for sending one fax page at a time allows you to send a fax page from the www.toofax.com website to France and french OD-OT, to the 27 member states of the European Community, the United States of America, Switzerland and the Maghreb (Algéria / Libya /Morocco / Mauritania / Tunisia). It it is worth noting that if you insert a foreign fax number, Your fax sending will be cancelled and your credit will be debited. Theinvoicing of this option depends on the terms of payment you selected. After selecting your terms of payment, you will be redirected to a page for downloading your document ans faxing it. for this, you can either chose or not to attach a cover sheet which tariff is cost is mentionned on www.toofax.com(and directly send your document to your correspondent. It is worth noting that if you upload a document including more than a page, only the first page will be delivered to your correspondent. The others will be automatically removed from the faxing process and deleted from our servers. Our fax sending department for a single fax page will deliver it to your correspondent. If the fax number is busy, tooFAX® will try up to 4 times to send the fax to the number with an interval of 5 minutes. In case of impossibility of fax delivery (wrong number, line busy) after the 5th sending attempt, the process will be stopped I and your sending- credit will be considered as used. After sending your fax, you are advised whether the fax has been sent or not by a notification e-mail that we send you in the mailbox that you would have inserted before in the subscription form. 3.5.2 – Sending one or several fax pages with prepaid credit (€5 or 10€). After your subscription and your on line payment for 5 or 10 fax pages by prepaid on www.toofax.com. We send you an e-mail including your identification and your password with the connection address to visit the user's interface of the TooFAX® service. In addition, you can send faxes from your web mail interface such as Gmail, Yahoo, Hotmail, etc… or from your professional messaging like Outlook, Thunderbird, Lotus Notes, etc… For this, you only have to insert the addressee, the fax number(s) of your correspondent with this domain name @toofax.com. The fax sending pack allows you to fax pages in foreign countries, then will your credit debited according to the unit price of the expedition country. The international prices for a fax sending is able on the website www.toofax.com It is worth noting that if you want to attach a cover sheet to your fax sending, this will be calculated as a page fax sending and invoiced in addition to your documents delivery. The fax sending pack is available for a year after the subscription and must be exclusively used during this period, unless your left credit will be considered as used. Our fax sending department fwill deliver your documents to your correspondent. If the fax number is busy, tooFAX® will try up to 4 times to send the fax to the number with an interval of 5 minutes. Your fax credit is invoiced if the delivery process is executed. A Secure fax service is offered for free. By signing up to this , you will send faxes leaving no document trace or storage on our servers. The privacy of your sending is protected and your encrypted fax are not stored, then they are not available from the TooFAX® interface. After sending your fax, you are advised whether the fax has been sent or not by a notification e-mail that we send you in the mailbox that you would have inserted before in the subscription form. 3.6 - Sending of fax mailing. The fax mailing service is reserved to a professional utilization and allows you to send a great number of documents to many correspondents. NOVALEO isn’t liaible on the content of the expedition of the document(s) that the user would have given for the fax mailing management. NOVALEO will not be responsible of the origin and the nature of numbers which have been given by the user. The customer will have to take into consideration if his correspondent would like not to receive fax mailing. After your subsription and your online payment on the website www.toofax.com for a fax mailing pack, you will receive by email your conexion login and password. The fax mailing transmission is realised with the creation of a sending lot for a maximum capacity of 3000 fax in emission per fax mailing operation. But you also can program some lots which are sent one after one. Notice that fax mailing sending can only be realised in your resident country ( for example if you are english you only can make fax mailing campaigns in France). For the creation of a lot, you must download firstly the document(s) to fax ( 29 extension formats accepted) and then the file with the CSV extension containing the fax numbers of your correspondents. The web interface of fax mailing toofax service, permits to follow in a real time the transmission of your fax mailing campaign and to see and download the issued fax numbers, non issued. Our fax sending service, will deliver you(r) document to your correspondent. If the fax is busy, the service toofax will try 4 times the shipment of your document with a 5 minutes regular interval between each attempt. Moreover, if you provide a file with more fax numbers than those in the bought pack, the supplementary numbers won'ty be sent and the datas will be erased from our server. Notice that non received fax by your correspondent will be reacredited automatically at the end of the broadcast of your fax mailing campaign. If you want to add a first page to your transmission, this one will be charged as a first page in your ordered pack credit. Your fax mailing order must be used during the 12 months maximum after the order confirmation. Over this deadline, the fax mailing pack will be considered as consumed. 3.7 – unlimited fax reception. The fax mailing service is for professional use and allows you to send a great number of documents to many correspondents. Novaléo is not liable for the contents of the delivery provided by the customer for his fax mailing campaign Novaléo is not responsible for the origin and the type of the fax numbers provided by the customer. The customer is fully responsible for taking in account his own customers' request to not receive fax mailing from him. After your subscription and your on-line payment for a fax mailing pack on toofax.com, you send us an excel file including all the fax numbers of your correspondent with the documents you want us to fax. Please note that the sending of this fax mailing must be done in a single delivery and that it is invoiced taking a page as measure unit. In the event you provide us with a fax numbers list with less numbers than the quantity of faxes bought, the credit will be considered as used and not reusable. Moreover, if you provide us with a file containing more fax numbers than this allowed in your pack, the extra number will not be sent and the data will be removed from our servers. It is worth noting that if you want to attach a cover sheet to your fax sending, this will be calculated as page fax sending and invoiced in addition to the credit of your pack purchased. The fax mailing pack is available for 3 months after the subscription and must be exclusively used during this period, unless it will be considered as used. Our fax sending department will deliver your documents to your correspondent. If the fax number is busy, tooFAX® will try up to 4 times to send the fax to the number with an interval of 5 minutes. After sending your fax, you are advised whether the fax has been sent or not by a notification e-mail that we send you in the mailbox that you would have inserted before in the subscription form. 3.8 –Sending and receiving Faxes The faxing and receipt service (Fax to mail) allow you to receive fax pages on the internet either from the TooFAX® solution or your webmail such as Gmail, Yahoo, Hotmail, etc… or from your professional messaging like Outlook, Thunderbird, Lotus Notes, etc… This service has an annual fee which includes: a local Fax number the access to the TooFAX® service Unlimited fax receipt 200 fax pages broadcast in Your country of residence. After your subscription and your on-line payment for an annual subscription pack on toofax.com, we send you an email containing your identification, your password, and also we provide you with a local fax number. In addition, you can send (and receive) faxes from your web mail interface such as Gmail, Yahoo, Hotmail, etc… or from your professional messaging like Outlook, Thunderbird, Lotus Notes, etc… For this, you only have to insert the addressee, the fax number(s) of your correspondent with this domain name @toofax.com. The fax sending pack allows you to fax pages abroad.Your fax will be invoiced on the tariff regulations basis of the country of delivery. The international tariff regulations for a fax sending are available on www.toofax.com. It is worth noting that if you want to attach a cover sheet to your fax sending, this will be calculated as page fax sending and invoiced in addition to the credit of your documents delivery. This pack includes an annual sending 200 fax pages and fax credit are available for a year from the subscriptionand must be exclusively used during this period, unless it will be considered as used. A Secure fax service is offered for free. By signing up to this , you will send faxes leaving no document trace or storage on our servers. The privacy of your sending is protected and your encrypted fax are not stored, then they are not available from the TooFAX® interface. Our fax sending department will deliver your documents to your correspondent. If the fax number is busy, tooFAX® will try up to 4 times to send the fax to the number with an interval of 5 minutes. After sending your fax, you are advised whether the fax has been sent or not by a notification e-mail that we send you in the mailbox that you would have inserted before in the subscription form. All fax pages received on the TooFAX® solution will be stored for one month being automatically removed. n the event you want to store for a longer time, the TooFAX® service offer two storage options (6 months and 1 year) that you have to sign up at the subscription. You can check the email sending option for every fax receipt in the TooFAX® solution from the user's interface of the TooFAX® solution . 3.9 - When you decide to attach or add a document to your message, the available formats are : .doc : Microsoft Word Document .rtf : RTF Document .xls : File Microsoft Excel .ppt : Microsoft PowerPoint presentation .odt : OpenOffice Writer Document .ods : OpenOffice Calc File .odp : OpenOffice Impress Presentation .odg : OpenOffice Draw .gif : Graphic Interchange Format Image .jpeg / .jpg : Image Joint Photographic Experts Group .bmp : Image Bitmap .ppm : Portable Pixel Map Image .pgm : Portable Gray Map Image .png : Portable Network Graphics Image .psd : Adobe Photoshop Image .tga : Targa Image .txt : Texte File .pdf : Adobe PDF Document .tiff : Tagged Image File Format Image .php : PHP File Source .js : Javascript File Source .latex : LaTeX File source .tex : TeX File source .sh : Script shell .tcl : Script Tool Command Language .c / .h / .cpp / .hpp : C/C++ Source File .java : Java File Source .pl : Perl File source .py : Python file source Fourth article : Subscription and access to the service -------------------------------------------------------- 4.1 Any subscription to the service on the toofax.com website lead to an account opening. 4.2 The access to service is possible only after the customer's payment. This is determinated by the terms of payment signed up by the customer. The account will be activated for a period of X days selected at the sole discretion of the customer. The service includes the lease of a phone number to the customer. Thisphone number allows the customer to receive duplicate of the fax from part of his correspondents and/or send every documents that he needs to send via his lap-top or an other computer. 4.3 To accede to his account, the customer has an ID number and a password, which are exclusively confidential. These informations confidential, do not have to be shared with another person. If there is an information trouble with the data, novaléo is not liable of the lost and/or misappropriation of the principal user. 4.4 In the event of a policy violation, Novaléo reserves the right to terminate or suspend the your account as mentionned on the Section 12 of the terms and conditions. 4.5 In case that the customer provides informations or fake documents, novaléo reserves the right to terminate or suspend immediately the service. Novaléo reserves the right to terminate the service in accordance with the Section 12 of the terms and conditions the recovery after prior notice to the customer. 4.6 All equipment and third-party services such as Internet access required for the access and use of the service are for customer's account. 4.7 The customer has to be sure that he is not responsible for the service default before reporting it to Novaléo. Fifth article : Service price and financial conditions ------------------------------------------------------- 5.1 The service fees are available on the www.toofax.com website. All the tariffs are indicated as below (... €). All invoice are calculated excluding fees to which you have to add the value added tax (19,6%). 5.2 Novaléo reserves the right to change prices every 1st January, in accordance with the following expression : P1=0 * S1 / So P1 is the new price. P0 is the service price on the 1st January of the year. S1 is the new. SYNTEC indication available from the date of price reviewing. S0 is the SYNTEX identication available on the 1st January of the subscrided year of the present greement. 5.3 Every price modifications from novaléo apply : On January 1st of the year following the modifications of the service subscription. At the time of new subscription, At the time of subscription renewal, At the time of a fixed rate change. 5.4 Pages counting. The broadcast time for one fax page on our proxy is 33 seconds on average. In the event of trouble, and if the broadcast flux is higher than 45 seconds, the sent fax will be invoiced on a(1,5 page) basis. Sixth article : Payment modalities ----------------------------------- NOVALEO offers different ways to pay : - By Allopass : 5 (five) secure terms of payment are available by allopass: Credit cards (CB / Visa / Master Card), Neosurf Prepaid Card (available in tobacco shops .), Audiotel ( you get a code supplied by premium rate call ) Sms + (By sending a sms to a overtaxed number), Internet plus (Payment by your IAP) in France. Theses terms of payment are available only in countries mentioned on the module by a flag on the Allopass site. For any further information, please visit the website of our partner : www.allopass.com - By « Le ticket Surf : » You only have to buy a prepaid card in a tobacco shop (list available on : www.ticket-surf.com/points_vente.php) or from the website of our partner : www.ticket-surf.com. You can use the « Ticket Surf » as term of payment to buy on the www.toofax.com site only for the faxing one at a time service. For any further information, please visit the website of our partner : www.ticket-surf.com. - By securized payment by Click and Buy : You can pay for the whole range of service on the site www.toofax.com by the intermediary of solution of securised payment of our partner Click and Buy. If you already have a open accound in Clinck and Buy, just insert your e-mail address and password and direct pay from the interface Click and Buy. If you don’t have an account on Click and Buy, you can quickly proceed to your signing up on the website: http://clickandbuy.com The payment by Click and Buy is available in 26 countries and accept 21 currency. Choice of possible means of payment : VISA / VISA Electron / Master Card / American Express / Diners Club / international bank card / JCB. For any further information, please visit the website of our partner : http://clickandbuy.com - By securized payment by PayPal You can pay for the whole range of our services on www.toofax.com by the intermediary secure payment solutions offred by our partner PayPal. If you already have an account in PayPal, just insert your e-mail address and password and immediately pay from the interface PayPal. If you do not have an account on PayPal, you can quickly proceed to your signing up on the website: www.paypal.com The payment by PayPal is available in many countries and authorized many currencies and you can choose to buy by MasterCard credit card or by VISA credit card. When the payment by credit card is done online, the your account is immediately debited when the order of insertion is delivered in case of credit card with immediate debt, or delayed, according to the credit card. For any further information, please visit the website of our partner: www.paypal.com - By bank transfer Of you want to pay by bank transfer, you have to indicate the code which is brought to you by our services in the name of the bank transfer operation. Your account on tooFAX® will be activated when the transfer payment will be received. You have 7 days to do your bank transfert, unless your account will be deactivated and your subscription demand cancelled. The bank transfer have to be addressed to this bank: Banque Populaire de l'Ouest Rennes Centre 1 place de la Trinité 35064 Rennes Cedex FRANCE With the following codes. Bank code Agency code Account key 16707 00010 91021497668 32 IBAN : FR76 1670 7000 1091 0214 9766 832 BIC : CCBPFRPPREN Seventh article : Troubles, delays and so on ---------------------------------------------- 7.1 If there is a trouble or a payment delay, ot too much consumption, NOVALEO can contact the consumer and ask him personally the remittance on a consumption advance. If there is a refusal, NOVALEO can remove the customer's access to the service (tooFAX®). 7.2 Each dealy will be naturally charged, without asking the customer before. These interests are calculated on the base of the interest rate related to the european central bank. 7.3 In case of refusal to debit your account, whatever the reason on the behalf on the client, the payment will be expected within 3 days plus a lump sum of 20€ for NOVALEO. 7.4 All deterioration of the client's solvency and/or all incident in the payment will justify warranties and/or cash payment by bank cheque. Anytime, the client has to present solvency waranties even for the signature of the contract, and if necessary, give a bank guarantee or a security deposit. Eighth Article : Commitment and party's guarantees ---------------------------------------------------- -Service- 8.1 NOVALEO commits to furnish the service, concerning, namely the number, the delays or treatment, and the sending fidelity, according to the best practise and the law uses. NOVALEO keeps the right to modify the service. 8.2 NOVALEO cannot assure the total fidelity and intergity of the files while they are being used, namely because they are formacted and/or transported with computer and telecommunication tools and means that are out of its control. In the same way, according to the computer support of the files, the client accepts some modifications of the layout that interveen between the electronic version and the paper version. NOVALEO has a mean obligation for the furnishing of the service. NOVALEO keeps the right to suspend the service for supply reasons, namely, in case of a fax diffusion capacity that is being increased. 8.3 NOVALEO does not have an advice obligation on the conformity or the adaptability of the serice to the needs of the client. -Confidentility- 8.4 Novale guarantees the confidentialty of the information within the files according to the legal information about. NOVALEO commits namely not to transmit to a third party the address lists of the recipients given by the client, execpt in case of an absolute necessity to give them to suppliers for the strict execution of the contract. -Respect of the legal dispositions- 8.5 The client guarantees that he will not transmit messages against the law, against morality and to public order or messages that could damage the rights of a third party, and that he will respect the legal texts. 8.6 The client accepts not to use the service for mail chains, advertisment through fax and mail, or whatever use of distribution lists that contain people that have not accepted to entrer in such a process, and he accepts not to try to have a non-authorized access to computer system too. 8.7 The customer abid the respect of the legislation regarding data protection act. In this respect when the messages will be send for marketing purposes the customer abid to : Verify that the list of the mentioned addressee are not susbcribers refusing the the service. Verify that the list of the mentioned addressee are not susbcribers refusing the the service . This will allow the addressees not pay and complain regarding the messages, this will be done by mentioning an unsubscription link for them in our messages. 8.8 NOVALEO have no liability other than the duty to exercise the reasonable skills and care of the relevant services. We do not accept liability for indirect or consequential loss, such as loss of profit, business or any form of economic loss. 8.9 In case of breach of contract from the costumer Novaleo can suspend or stop your client account without any re-emboursement. 8.10 NOVALEO can as well sue the clients in case of breach of contract. Ninth article : Parties' obligations and responsibility --------------------------------------------------------- -The Client - 9.1 The client is responsible for the good use of the service by agent or representative and of the actions or declarations made through its service access account. He is also the only responsible for the use of the identification elements by third parties. Therefore, he has to take all the measures in order to keep the confidentialty of these codes in his own interest. He assumes all the consequences of the access to the service by a non-authorized third party (namely concerning the consuming price of the service, the non-conform use...). In other respects, NOVALEO, who has not to its disposal means to ensure the identity of people subscribing to the service, is not responsible in case of its clients' isdentity usurpation. If the client has some reasons to think that some body uses his identification elements or account, he will have to immediately inform NOVALEO. 9.2 The client is the only responsible for the contents, the integrity and the formacting of the document he transmits to NOVALEO. 9.3 The safety of the fax sending is ensured by an authentification by th IP address of the client's mail server. Consequently, the client carees the liability of giving the mail servers' IP address and to inform NOVALEO of the changes susceptible of causing an incident (IP address modification, entring SMTP routeing modifications, and all the modifications which could result a bad system functionning...) In case that the client does not have a mail server, he can use the mail server of his regular internet supplier access. In this case, the authentification is done by inserting a safety code that enables the identification of the client. -NOVALEO- 9.4 Subject to the Article 5, NOVALEO is responsible for the supplying of the service according to the documentation. NOVALEO is nor responsible for the content of the files (owned or rented recipient listsby the client to an other suppyier as NOVALEO included), neither of all file loss or destruction that could happen during the transport particularly and through the transport, particularly and through telecommunication route. 9.5 NOVALEO does not undertake any responsibility concerning communication protocol compatibility with the next software versions used by the client with the communication protocol. 9.6 In no way the responsibility of NOVALEO will be engaged for indirect damages such as namely, the commercial prejudice, business prejudice, loss of profit, the image deterioration or for damages which realisation could have been prevented if the client had done it utmost to this end. 9.7 It is expressively stipulated that if the liability of NOVALEO was carried on behalf of the execution of the order, the client would only be able to require no other indemnity than according to the choice of NOVALEO, a new efficient execution of the service or the reumbursing of the previously done payments for the default part of the service durint the two previous months af the damage. The ceiling liability is done without prejudice of the demonstration by the client of the importance of his prejudice to determine the exact amount to indemnize. The client has to make most of the eventual complaint related to the previous in a one year time from the date of the execution of te service that is the object of the complaint. 9.8 The liability of NOVALEO will not be carried in case of use by a third party of a confidential password given to the client. 9.9 NOVALEO commits to start the dialing of the fax sending within two minutes' time after reception of the sending order into one of its SMTP servers and which represents 98% of the calculated month according to the running calendar month. This commitment is available in case of an office use and manual use. It is not available in case of ane automated sending and in case of multiple sendings. 9.10 NOVALEO commits to send on the client's SMTP server fax sending aknowledgments recieved within ten minutes after reception within 90% of the time calculated on the running calendar month. Tenth Article : Effect taking and time --------------------------------------- 10.1 The contract takes effect from the validation of the service subscription via the www.toofax.com website. 10.2 Except opposite contract, the contract is made to last a definite time in the particular conditions. It is resubscriptible by tacit agreement per twelve months successive periods, except denunciation by one or the other of the parts, meant one month before its expiry by letter registered with notice of receipt. Eleventh Article : Suspention ------------------------------ 11.1 NOVALEO keeps the right to suspend without previous notice, immediately and for the future the acces to the service without capability for the client to ask for any indemnity, in case of a breach of conformation by the client to obligation he agreed on in virtue of these present General Conditions of sales. 11.2 In case of a breach of payment, NOVALEO keeps the right to suspend the contract in its full right and without any previous formal notice. Twelfth Article : Cancellation -------------------------------- 12.1 Without prejudice in the above mentionned paragraphs, in case of a breach by one of the parties to one of the obligations towards which it is held after the presented general conditions, the other party will e authorized, thirty days after the formal notice sent by registered letter with reception notice remained without effect or immediately in case of a non reapirable breach, in full rights to put an end to the whole or partial contract, by sending a simple registered letter with reception notice, depite the right to ask for compensation of prejudice. 12.2 In the cases seen in the Article 11 (Suspention) and when the suspention clause has not disappeared, the contract can be cancelled by NOVALEO, in its full rights from the fifteenth day following the suspention of the service by sending a simple registered letter with reception notice, without the possibility for the client to ask for any compensation.. 12.3 The contract can be cancelled by NOVALEO in its full rights anytime, without notice, without possibility for the client to ask for any compensation, if the client is is subjected of a recievership during which the administrator said no word to continue the contract, after the law, or if the client is subjected of official recievership.. 12.4 In case of a cancellation of the contract, without prejudice of damages that could ask NOVALEO, the due amounts of clients are immediately expectable.. Thirteenth Article : Transfer ------------------------------ 13.1 The contract is signed by NOVALEO taking into account the client. The contract can not be transfered, in its whole or partially, free of charge or for a certain price, for whatever reason, without the expressed aknowledgment of NOVALEO. It is clear that in case of the effective transfer of the contract, that the client will remain guarantator responsible of the transfer, for one year starting on the date of the transfer. 13.2 NOVALEO will be able to transfer or give a third party, whatever the form, thr rights and obligations of the contract after notification. Fourteenth Article : « Informatique et Libertés » law ------------------------------------------------------ The information collected by NOVALEO conerning the client are protected by the law number 78-17 of January 6th 1978 about computer use and freedon as modified. The client keeps the individual right to have access, to oppose, to modify and correct personal data, that the client can express by sending a n otification to NOVALEO's address : 2, rue de la Châtaigneraie, CS 17607, 35576 Cesson Sévigné, France. Fifteenth Article : Waiver --------------------------- No waiver of the one or the other party to pride themselves, at one moment, to one of its rights according to the contract could not constitute a waiver for the future to the named rights. Sixteenth Article : Up holding ------------------------------- If one of the contract's stipulation is void, according to the French law, it will be considered as not written but will not impliment the invalidity of every disposition of the contract. Seventeenth Article : Uncontrolled situations ---------------------------------------------- The liabbility of NOVALEO would not be engaged in case of irresistible events as uncontrolled events in the terms of the law or for facts that are independant of its will. Are namely considered as uncontrolled cases and without limitation : strikes, wars, embargo to importation or exportation, lock-outs, accidents, fire, blocus, natural disaster, disturbation, failure or malfunction affecting transmissions through telecommunication networks, delays, power failure, or all technical difficulty or malfunction of the internet network.. Eighteenth Article : Proof convention and archiving ---------------------------------------------------- The service contents the use, the exchange of many data on an electronic device, without paper. Every party accepts not to contest the content, the reliability, the integrity, or the convincing value of a contented document and information, with the only reason that the document is published on an electronic support, and not on a paper support. After expressed convention between parties, the electronic supports have, except opposite proof, the same grade of reliability and the same legal value as paper supports. NOVALEO archives the information concerning the execution of the service, electronicly, for one year time, which is the legal period Ninteenth Article : Intellectual Property ------------------------------------------ All the programms, services, processes, designs, softwares, technologies, business brands, inventions and fabrics with which the service is made are the entire property of NOVALEO and or of all its partners by patent and of its service suppliers, except cases for which it is expressively said. Twentieth Article : Attribution and Fax IP numbers property ------------------------------------------------------------ 20.1 The client declares to have read and accepted that he is not the owner of the fax number allowed to him by NOVALEO. The property of such a number is to NOVALEO exclusively, who gives for use the number during the contract. The client decalres to have accepted and understood that when cancellation of his fax by internet account, whatever the reason, such a fax by internet number can be affected to someone else. 20.2 The client declares tu understand and accept that NOVALEO keeps the right to modify a fax by internet number that is given to him that can be due to the separation of the dialing regional number, or for any other reason, the reason can be under NOVALEO's responsibility or not. 20.3 The client accepts that NOVALEO is not respponsible of the damages that can result of such a reaffectation ao such a change of the number and declares renunce by this present General Condition to any complaint, whether based on a contractual agreement, whether damageable extracontractual actions based on civil responsiblity or other even in the eventuality when NOVALEO is informed to possibilities of damages. Twenty One Article : Prohibition to re sell the service -------------------------------------------------------- The service supplied by NOVALEO is aimed and is the only destination to the client. The client commits by the present general convention no to re sell the use of the service supplied for him by NOVALEO. . Twenty Second Article : Applicable Law and competent juridiction ----------------------------------------------------------------- 22. 1 The present contract made between NOVALEO and the client is a business contract governed by the French law and more precisely by the law of the Article 1787 and followers of the Code Civil. 22.2 All the lawsuit to which this present General conditions could lead to, concerning its validity, its interpretation, its execution, its cancellation, their consequences and treir endings, will be under the jurisdiction court in the condition of the common law.
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