CONDITIONS GENERALES D'UTILISATION

Definitions of terms :

CUSTOMER : an individual or any legal entity having signed a contract with LYNKWARE for SaaS services or having accepted a commercial offer made by LYNKWARE.

SaaS services contract: agreement signed by AND CUSTOMER which defines the perimeter, the extend of services, the quality level of the SaaS services LYNKWARE provide the CUSTOMER.

SaaS Platform: computing platform managed by LYNKWARE, built of various hardware and software components as well as services, accessible via the Internet and that can store information and data of the CUSTOMER.

SaaS : abbreviations meaning "Software as a Service".

Compatibility with the Internet browser

Our Saas platform uses the latest web technologies such as css3, HTML5 ... therefore the platform is compatible with the latest versions of browsers that support these technologies (IE9 or higher / Chrome / Firefox).
We recommend preferably using Firefox or Chrome because of their greater stability.

ARTICLE 1 – PURPOSE OF THE GENERAL CONDITIONS OF USE

The purpose of these Terms is to define the terms and conditions under which LYNKWARE provides the CUSTOMER THE SaaS Platform Services.
In addition to these Terms, the contractual relationship between the CUSTOMER and LYNKWARE is defined by at least one of the following documents:
The commercial offer made BY LYNKWARE and accepted by the CUSTOMER,
The SaaS services contract,
The development contract,
The maintenance contract,

ARTICLE 2 - LYNKWARE INTELLECTUAL PROPERTY

LYNKWARE is the exclusive holder or the licensee of intellectual property rights on the Saas platform , including text, images, software , CMS, templates , trademarks, databases or any other element made available by LYNKWARE to the CUSTOMER (hereinafter after all the "Elements" ).
The structure , features, codes, working methods , information systems , development tools , know-how , methodologies, processes, technologies or algorithms of the SaaS platform are the property of LYNKWARE or its suppliers and , where appropriate , have been subject to a license or transferred by them and are protected by French and international laws on intellectual property , and cannot be subject to subsequent modification , copy , changes , reproduction, adaptation or translation by the CUSTOMER.
Unless otherwise specified, LYNKWARE grants the CUSTOMER, for the duration and the geographic extent agreed in one of the documents listed in Article 1, the non-exclusive right to use the SaaS Platform, subject to the payment of Subscriptions charges.
The rights granted to the CUSTOMER by LYNKWARE give no right (i) to download, copy, modify, sell, sublicense, or otherwise transfer the rights on the SaaS platform, and (ii) to use the trademarks and other distinctive signs of LYNKWARE without express authorization of LYNKWARE.
LYNKWARE reserves the right to substitute a component of the SaaS plarform by an equivalent component in terms of features.

ARTICLE 3 – INTELLECTUAL PROPERTY OF THE CUSTOMER

The CUSTOMER may (i) provide Content including text, images, music, graphics, personal data etc. ( herereinafter "Content" ) as electronic files and / or physical in standard formats to be integrated by LYNKWARE in the SaaS platform and / or (ii) directly integrate Content in the SaaS platforms .
In case the file format provided by the CUSTOMER does not allow integration in the SaaS plarform, LYNKWARE may request the CUSTOMER to provide the Content in a specific format and within the time specified. Otherwise, the said incompatible Content will not be integrated.
The CUSTOMER is the exclusive owner or the licensee of the Content and agrees to make a prior backup and retain it appropriately. In addition, the Customer expressly declares (i) to hold all rights , intellectual property rights, rights of publicity or any other kind relating to the Content and have the required authorizations entitling LYNKWARE and CUSTOMER to scan, integrate and make the Content available to the public via the SaaS platform, (ii) that the Content complies with all applicable laws and regulations, public order, morality and, if necessary the ethical rules of the profession and the rules issued by the professional Regulatory Authority.

Data collected by the SaaS platform
The data collected by the SaaS platform when operating by the CUSTOMER, become the property as and when they are collected.

ARTICLE 4 – DOMAIN NAME AND KEYWORDS

The CUSTOMER shall ensure exclusively (i) the conformity of the Domain Names and Keywords under the laws and regulations , public order and morality, and where applicable, rules of conduct of his profession, (ii) availability under the law of third parties ( including trademark law, copyright and competition law ), the CUSTOMER undertakes to make the necessary research and to bear any costs and (iii) the conformity of the Domain Names to the rules of the French Association for Internet Naming in Cooperation and including naming charters available at http://www.afnic.fr/get/charters.
In case the CUSTOMER uses existing domain names, the CUSTOMER guarantees LYNKWARE (i) that the domain are available and complies with the provisions above and (ii) that he holds the domains and / or has the necessary permissions to use these domain names and allowing LYNKWARE to use the domain .

ARTICLE 5 – DUTIES AND RESPONSIBILITIES OF THE CUSTOMER

As part of the implementation and use of the SaaS platform by the Customer, he will :
- Keep strictly confidential usernames and passwords giving access to the SaaS platform , this obligation applies in particular to any entity under direct or indirect control of the CUSTOMER and any entity controlling the CUSTOMER directly or indirectly ;
- Comply with all rules and ethical, legal and regulatory requirements in force ( including laws and regulations concerning controlled activities, rules of conduct of his profession, rules issued by the Professional Regulatory Authority, public order, morals , etc.).
- Do not integrate, make available or transmit via the SaaS platform, contents, links, products and / or services contrary to the above mentioned rules and obligations or illegally obtained and :
- (i) could constitute incitement to commit crimes or offenses, discrimination, hatred or violence, glorification of Nazism, to undermine the authority of justice and life privacy, defamation and insults, acts endangering minors,
- (ii) are intended to display items and / or prohibited items or convey messages on tobacco and / or substances whose use is prohibited,
- (iii) would include personal details and information to a specific geographical location (phone , address etc. . ) without all necessary approvals,
- (iv) would provide an incentive to the use of banned substances,
- (v) allow third parties to directly or indirectly obtain pirated software or hacking, viruses and other malicious code,
- (vi) would infringe the rights of others and the safety of persons and property in violation of the privacy of correspondence, this list being not exhaustive,
- Cooperate in good faith with LYNKWARE,
- Not affect directly or indirectly the rights of Intellectual Property of LYNKWARE or of a third party,
- Accept and comply with the conditions of use of the SaaS platform,
- Not impede operation of the Saas platform, including broadcasting or transmitting elements that may affect performance or computer equipments of LYNKWARE,
- Not communicate to third parties or LYNKWARE false or inaccurate information whose use would be unlawful and / or may incur LYNKWARE liability for any reason whatsoever.


The CUSTOMER is solely responsible for :
- (i) the use in any manner of the Saas platform, operating the Domain Names, disposal or sending of contents and for damages caused to third parties thereby,
- (ii) relationships created, maintained or lost when operating the SaaS platform and their consequences (including commercial relationship and / or ruptures and fulfilling its commitments with third parties) as well as losses and / or profits generated when using the SaaS platform,
- (iii) the consequences of a breach of contractual provisions, the CUSTOMER agreeing to be personally responsible for any claims and / or proceedings by a third party and made against LYNKWARE as such and to guarantee LYNKWARE against all claims in this regard (including legal costs with reasonable attorneys' fees).

ARTICLE 6 – OBLIGATIONS AND LIABILITY OF LYNKWARE

LYNKWARE operates the SaaS platform using due diligence and required care, as well as his experience and professional skill, without being bound by an obligation of result.
LYNKWARE disclaims all responsibility and consequences of :
- (i) cases of force majeure such as generally used by the French courts and / or events beyond its control or out of the control of LYNKWARE,
- (ii) fraudulent or stolen IDs use until the suspension of access to the Saas platform and disabling IDs and passwords,
- (iii) interruption Hosting Service as defined in Article 9 hereof,
- (iv) the termination of this Agreement for any reason whatsoever,
- (v) the suspension of the Services in accordance with the Contract ;
- (vi) the connection to the Saas platform including contamination by viruses or intrusion of a third party in the system of the Internet or in the devices of the CUSTOMER, and of any damage caused to the internet surfer and to the CUSTOMER, to their computer equipment, to data stored therein and possible implications on their personal or professional activity, being assumed the Internet surfer and the CUSTOMER must take protective measures accordingly;
- (vii) the risk of piracy , misappropriation or loss of information or Content transferred to LYNKWARE by the CUSTOMER or downloaded and saved on the SaaS Platform by the CUSTOMER ;
- (viii) the delay in the delivery of access to the Saas platform or non-renewal of the Domain Name due to non- compliance by the Customer of its obligations , including its obligations to provide LYNKWARE on time with the Content or other elements necessary for the Contract fulfillment;
- (ix) defects or errors in the Content incorporated by LYNKWARE.
In any case, the responsibility of LYNKWARE towards the CUSTOMER is limited to an amount equal to the total Subscription Fees already paid by the Customer for Services subscribed by the CUSTOMER by subscription period unless (i ) when actions or proceedings initiated by a third party that they would be related to the ownership and / or use of intellectual property rights that LYNKWARE should, under these , hold on elements (ii) for breach of a substantial obligation of the contract or a very serious misconduct ok LYNKWARE;
Are excluded from all claims indirect damage suffered by the CUSTOMER under this Agreement, such as especially financial loss, business loss, loss of profits, the number of orders , loss or shortfall in revenue.

ARTICLE 7 – PERSONAL DATA PROCESSING BY LYNKWARE

The information collected by LYNKWARE are intended for LYNKWARE’ staff, for the sole purpose of managing CUSTOMERS, technical and administrative management, statistical and / or business and to meet legal and regulatory obligations. The information will be incorporated as appropriate by LYNKWARE directly onto the SaaS platform and will be visible to the public.
These information may be disclosed to service providers and subcontractors for the performance of work done on behalf of LYNKWARE under the present and to the competent authorities to comply with laws and regulations as well as to answer any request of a judicial or administrative authority.
They will be kept only for the time necessary to the execution of the contract and for the aforementioned purposes. At the expiration of this period, they will be kept for statistical purposes and will not be used for any other purpose.
Under the french Data Protection Act [Loi Informatique et Liberté] nr 78-17 of 6 January 1978, the Customer has a right to access, modify, rectify and delete data concerning them upon written request to the postal address of the registered office of the Company.

ARTICLE 8 – PERSONAL DATA PROCESSING BY THE CUSTOMER

The CUSTOMER agrees to perform all the necessary formalities with the relevant authorities including the “Commission Nationale Informatique et Libertés” to comply with the Data Protection Act of 6 January 1978. The CUSTOMER is solely responsible for the collection and processing of personal data made through the services of the Saas Platform and, in this context is committed to :
- (i) verify and if necessary declare the file or processing of personal data;
- (ii) inform third parties of their right to access, modify, rectify and delete data concerning them;
- (iii) obtain the explicit consent of the third party for any commercial solicitation;
- (iv) obtain permission from the staff of the CUSTOMER in case transmission to LYNKWARE of personal information or photographs concerning them and to notify them of their rights under the Data Protection Act of 6 January 1978.

ARTICLE 9 - HOSTING

Unless otherwise provided, the Customer is informed that the SaaS platform is hosted in a technical service provider of LYNKWARE that will ensure accessibility rate 99 % per year to the SaaS platform subject to the provisions of Articles 2 and 6 hereof. The hosting provider, however, reserves the right to interrupt at any time hosting service including for maintenance, improvement of infrastructure, failure of infrastructure, or if the use of the SaaS platform generate abnormal traffic. These interruptions will be as far as possible notified in advance to the CUSTOMER. LYNKWARE and the hosting provider cannot be held liable in the event of malfunction of the Internet, of telephone lines, of transmitting/receiving equipments or for any problems or technical malfunction related to particular network congestion preventing normal access to the SaaS platform.

ARTICLE 10 - MISCELLANEOUS

The use of LYNKWARE SaaS platform is exclusively intended and reserved for professionals. Will therefore not be applicable to the contractual relationship between the Customer and LYNKWARE the provisions of the French Consumer Code and the Civil Code governing mail order and other internet sales, notwithstanding the other do not apply to contracts between professional rules.

The Customer expressly acknowledges that the technique called the "check box" is an electronic signature which has, between the parties, the same value as a handwritten signature.

LYNKWARE may at any time modify the characteristics, features or versions of the SaaS platform.

In case LYNKWARE would be liable for amounts to the CUSTOMER, the Parties agree that LYNKWARE is authorized to carry a conventional compensation between their respective debt.

ARTICLE 11 - GOVERNING LAW / JURISDICTION

The contract is subject to French law. Any dispute will be brought before the Commercial Court within the jurisdiction of LYNKWARE headquarter.