GENERAL CONDITIONS AND TERMS OF SERVICE GreenMeThe following are concluded:
The simplified joint-stock company GreenMe, whose registered office is located at Aire sur l’Adour,France, registered at the Trade and Companies Register of Mont de Marsan under the number 539 737 817, represented by M. Dugarry authorized to sign the present
Hereinafter referred to as "the Designer"
ON THE ONE HAND
Any natural or legal person, private individual or professional, either a public or private law entity, wishing to use the service GreenMe
Hereinafter referred to as "the Customer"
ON THE OTHER HAND
ARTICLE 1 – OBJET OF THE CONTRATThe purpose of this contract is to define the terms and conditions under which, on the one hand, the Designer places at the disposal of the Customer his service GreenMe, and, on the other hand, the Customer accesses and uses this service. It is expressly understood that the Customer undertakes to comply scrupulously with these conditions. Failure to comply with these contractual clauses would, in fact, render the Customer liable and, if necessary, result in the immediate suspension of the service GreenMe, without obligation of notice and indemnification by the Designer. The present contract prevails, substitutes or supersedes all documents exchanged, either after or prior to its signature between the Designer and the Client.
ARTICLE 2 – DEFINITIONSGreenMe : Service dedicated to the assessment of the workspace environment quality. GreenMe is composed of the following elements :
- Multisensor devices for measuring environmental parameters at the workstation level, and the quantity of which is defined in the subscription contract.
- gateways, which, stores and retransmit (unless stated otherwise by the customer) the data collected by the devices
- the web software « GreenMe Analytics » hosted on the Designer's servers that users access via a remote link.
- Mobile Application « GreenMe App » available on Google Play, and Apple Store
- Access codes : Login and password provided by the Designer to the Customer's users to allow them personalized access to GreenMe Analytics.
- User : Any physical person designated by the Customer and authorized to use GreenMe.
- Access address : Internet access address to GreenMe Analytics. It is provided by the Customer at the time of its subscription.
ARTICLE 3 – ACCESS - AVAILABILITY – AUTHENTICATIONThe access to GreenMe Analyics is possible 24 hours a day, 7 days a week at the access address.It is expressly accepted, for reasons of technical maintenance necessary for the proper functioning of its services, that access to GreenMe Analyics is temporarily interrupted without the Customer being able to claim any compensation whatsoever. However, the Designer agrees to inform the Customer 2 working days before starting such maintenance job. In addition, the period of unavailability may not exceed 8 hours worked per month period with a limit of 2 consecutive working hours. In order to use GreenMe Analyics, the Customer has access codes assigned to him by the Designer or created by the use of the administration modules. The access codes are deemed necessary and sufficient to contractually identify, for the purposes of this contract, the Customer who unreservedly accepts this method of authentication. Therefore, these access codes are strictly personal and confidential and each user of the Customer is solely responsible for their protection and use and undertakes to notify the Designer without delay by telephone or email and confirm by post, In the event that it finds that the confidentiality of the access codes is no longer assured. Within 4 business hours of this request, the Designer agrees to suspend access to the software for anyone who uses the access codes subject to this loss of confidentiality. Consequently, the Designer can under no circumstances be responsible for the diverted or unauthorized use of the Customer's access codes.
ARTICLE 4 – LIMITS OF USE – PROPERTYThe service GreenMe is the exclusive property of the Designer who is the sole owner of the copyright and commercial exploitation. As such, the Designer grants the Customer a personal, punctual, non-transferable and non-exclusive right to use GreenMe. Its copy or fraudulent use is punishable by civil and criminal sanctions. It is strictly forbidden to the Customer to make available to a third party all or part of the services offered by GreenMe without the prior agreement of the Designer. GreenMe is a trademark protected and registered by the Designer. The service GreenMe and all the elements that compose it (devices, boxes, content, images, logos, texts, programs, scripts, processes, etc.) are the exclusive property of the Designer.
ARTICLE 5 – PERFORMANCE OF THE DESIGNER
5.1 Standard features of GreenMeThe main features of the service GreenMe are the following :
5.1.1. Measurement of environmental parameters at the workstation levelMeasurement is carried out using multichannel connected devices included in the service. The following parameters are measured :
- Average noise level en dBa
- Noise levels by octave (125 Hz, 250 Hz, 500 Hz, 1000 Hz, 2000 Hz, 4000 Hz)
- Peak noise levels (dBA)
- Temperature (°C)
- Humidity (%)
- Average level of illumination (Lux)
- Light flickering (Hz)
- Lighting color (°K)
- Need for Air renewal (ppm Equivalent CO2)
5.1.2 GreenMe AnalyticsThe software Greenme Analytics is intended for the display and the analysis of the measured data. It consists of :
- graphical dashboards with time filter modules, user filters or devices, and geographic filters.
- Administration module consisting essentially of a series of functions for the control and configuration of the work platform GreenMe Analytics and covering in particular: creation of user accounts, modification of connection parameters, grouping devices in geographical areas for analysis and creation of device / user associations
- documentation & various informations
5.1.3. GreenMe AppGreenMe App is an indivdual mobile app intended for users wishing to view the data transmitted by the measurement device associated with them. Above all, GreenMe App enables the user to express his feeling about the different environment parameters that are measured.
5.1.4 Data transmission and storageThe devices communicate the measurements made to gateways via a LoRa link. The gateways transmit this data to our services through the Internet via the HTTPS protocol. The data are thus stored on our servers The designer undertakes not to communicate these data to third parties.
5.2 Exceptional jobsAny exceptional work requested by the Customer that does not fall within the scope of the services defined in this contract and its annexes will be the subject of an estimate which will be executed only after agreement of both parties.
ARTICLE 6 – RESPONSABILITY OF THE DESIGNERLThe designer undertakes to implement all the means he deems necessary to carry out his mission and in particular to ensure the proper functioning of the service GreenMe within the scope of this contract. The Designer undertakes to take all necessary care and diligence to provide a quality service in accordance with the practice of the profession and the state of the art. The Designer only responds to an obligation of means. The designer undertakes to perform daily backups of the data recorded by the Customer Despite all the care taken by the Designer and his technical partners to operate, check and update his platform GreenMe, The Designer may under no circumstances be held liable in the event that the Customer suffers, directly or indirectly, financial or technical damages, loss of use or loss of image or any other prejudice of any kind whatsoever Either at the same time or consecutively to the use of the service GreenMe. It is expressly understood that the Customer assumes its financial, industrial and professional risks. In any case, in the event of a declared liability of the Designer for any reason whatsoever, the compensatory indemnities or damages that the Designer may be required to pay to the Customer can not exceed the amount of the royalties paid by the Customer for Use of the service GreenMe.
ARTICLE 7 – RESPONSABILITY OF THE CUSTOMERThe Customer undertakes to communicate to the Designer only truthful, sincere, regular and faithful information about his legal and financial situation and his activity, and to inform the Designer of any substantial modification concerning him. The Customer undertakes to comply with all applicable legal and regulatory requirements relating to data processing, files and freedoms. The Customer agrees to respect the conditions of use of the product, namely in indoor environment, between 0 and 40 ° C, between 30 and 80% non-condensing humidity. In order to achieve a quality measurement, it is recommended to avoid contact with liquids and avoid direct sun exposure.
ARTICLE 8 –DURATION OF THE CONTRACTThis contract of subscription to GreenMe will be deemed valid between the Customer and the Designer, from the date of its signature and upon receipt by the Designer of the full payment of sums owed by the Customer corresponding to the negotiated pricing terms. Experience offer excluded, the subscription period for GreenMe Is fixed at three years, renewable by tacit agreement. It may be terminated by registered letter with acknowledgment of receipt sent one month before the 12th month, the 24th month and the anniversary date. Penalties will be applied in case of early termination : 45€HT/device in case of a termination requested the first year, 20€HT/device in case of a termination requested the second year.
ARTICLE 9 – CONFIDENTIALITYEach of the parties to this contract undertakes on its own behalf and that of its employees to regard as confidential, during the term of this contract and after its expiration, documents, systems, software, know-how from the other Party which it may have become aware of during the execution of this contract, and not to use them outside the requirements of this Agreement. The information provided by the Customer is confidential and is not transferable to third parties except those necessary for the performance of services related to the use of GreenMe. The confidentiality obligation does not apply to information that has fallen into the public domain or whose disclosure has been authorized in writing by the party concerned. In accordance with applicable European laws and directives, in particular as regards the protection of individuals with regard to the processing of information, any user of the Customer has the right to access, modify, rectify or delete personal information Which concern him.
ARTICLE 10 – PERSONAL DATA PROCESSING
10.1 Compliance with applicable regulationsThe parties commit themselves to respect the current legal and regulatory provisions relating to Information Technology, Files and Civil Liberties, in particular the Law n° 78-17 of January 6, 1978 modified by the Law n°2004-801 of August 6, 2004, as well as the UE Regulation 2016/679 of the european Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 96/92/EC (general regulation on data protection) , from the effective date. In particular, each of the Parties commits herself, concerning the processing of the personal data she is responsible for, to carry out all required formalities and to respect the rights of the concerned individuals (including right to information, access, correction and deletion of the data)
10.2 SecurityThe Designer, on the terms laid down in this contract, takes all suitable precautions to ensure the security and the confidentiality of the personal data he has access to, including preventing them from being distorted, damaged or accessed to by third unauthorized parties. For this purpose, the Designer commits himself to not access or use the Client data for other purposes than the ones necessary for the service realization. The Designer commits himself to ensure the security of the resources, systems and applications he deploys in the context of the use of the service, and remains responsible for maintaining flow filtering systems like firewalls, updating software used, managing access rights and configuring resources. Under no circumstances, the Designer can be held liable for security incident resulting from the usage of Internet, including in case of loss, alteration, destruction or unauthorised disclosure of or access to Client personal data. The Data provided by GreenMe are hosted by OVH SAS in secured servers. As such, the applicable General Terms and Conditions of OVH can be found at this location: https://www.ovh.com/fr/support/documents_legaux/conditions%20generales%20de%20service.pdf
10.3 Processing operationsWithin the framework of the service GreenMe, the Designer collects personal data of the Client, and carries out automatized processing operations under the conditions specified by the above-mentioned law n°78-17, for the following purposes : (a)customer relationship management (billing, assistance and service maintenance, commercial management, archiving, etc.) : name, firstname, email, phone number of the subscriber, billing address, shipping address,(b)service performance : name,firstname, email et users' connection parameters. As part of the users' feedback collection, the ratings (numerical) timestamped and send through the GreenMe mobile app are stored as well. The users data are stored independently, insuring the anonymity of the measured data. (c)compliance with the regulation applicable to GreenMe (including legal obligations to retain connection data and users' credentials). The Designer commits himself not to use the collected data for other purposes than the ones aforementioned. The processed data for the purpose of managing the relationship between the Client and the Designer and of carrying out the service GreenMe correctly, are composed of information like the name, first name, postal address, email, phone numbers and are kept by the Designer during the whole period of the contract and the thirty-six (36) following months. The users’ connection data and credentials are kept by the Designer during twelve (12) months. Other personal data collected and processed by the Designer to abide by the legal obligations, are kept in accordance with the applicable law. In accordance with the law "Informatique et Libertés" of January 6, 1978, the Client has the right to access, rectify and delete data aforementioned. To exercise this right the Client can contact by email the Data Protection Officer of the Designer (Correspondant Informatique et Libertés ) at the address email@example.com , or by postal mail at the adress : GreenMe, 195 rue de Classun, ZA de Peyres, 40800 Aire sur l’Adour France enclosing a copy of proof of your identity. An answer will be given within thirty (30) days following receipt.
10.4 Data localizationThe Data provided by GreenMe are hosted in secured servers in France.
ARTICLE 11 - FINANCIAL CONDITIONSIn consideration of the services described in section 5 above, the Designer will receive a flat-rate and non-revisable fee. This payment will be made either totally on delivery in the case of a payment by check or by bank transfer or by monthly installments equal to the total amount divided by 12 in the case of a payment by automatic bank debit. The Client is solely responsible for the payment of all sums due under the service contract GreenMe. By express agreement and unless delayed and requested by the Contractor in a special and written manner, the total or partial default of payment at the expiration of any sum due under the contract shall automatically and without prior notice lead to :
- - the immediate exigibility of all the sums remaining due by the Client under the contract, whatever the method of payment envisaged;
- - The suspension of all services, whatever their nature, without prejudice to the right of the Contractor to terminate the contract;
- - the application of an interest at a rate equal to 12%, but not less than three times the rate of legal interest in force in France.
The Designer reserves the right to pass on, without delay, any new tax or rate increase of existing taxes.
ARTICLE 12 - CLIENT WARNINGThe Customer acknowledges being advised of the risks inherent in hardware, software and computer networks, and in particular those related to the Internet whether in terms of overall random performance, fallible level of security, uninterrupted accessibility to Web services , heterogeneity sometimes causing problems of incompatibility of the computer systems, without in any way the Responsibility of the Designer can be engaged in case of dysfunction of the software Greenme Analytics or the mobile Application GreenMe App which could be identified and whose causes are directly or indirectly related to these risks. In order to limit such risks, the Designer undertakes to implement all technologies and technologies available on the market, whether in terms of antivirus software, a firewall system or any other computer system that will be judged required by the designer to make access to the service safer and more efficient. The Designer also undertakes to provide to the Customer, upon request, the minimum requirements to use normally GreenMe.
The Customer also recognizes that the measurements made depend on the proper placement of the device in the environment. Since the designer can not guarantee this position, he can not be held responsible for any discrepancies between measurements made by the device and the actual situation.
ARTICLE 13 – TERMINATIONThe Designer may terminate by right the contract binding him to the Client or forbid him access to all or part of the service GreenMe without delay or compensation and without prejudice to any compensation for the designer, in case of breach by the Customer of any of its obligations contained in the present contract.
ARTICLE 14 – RESTITUTIONUnder the Experience Offer, the customer agrees to return the equipment at the end of the contract, in good general condition. Any item damaged or not returned after the rental period may be charged:
- device : 190 € excl. VAT
- gateway: 600 € excl. VAT
- key 3G : 90 € excl. VAT
- accessories (USB cable, power supply) : 5 € excl. VAT
ARTICLE 15 – MODIFICATIONThe general and special online conditions prevail over the general and specific conditions printed. The parties agree that the Designer may, as of right, modify his service without any formality other than to inform the Customer by an online warning and / or to make its modifications in the general conditions online. Any modification or introduction of new subscription options will be the subject of on-line information on the site located at the URL http://www.greenme.fr/ or the sending of an e-mail to the Client. In this event, the Client may terminate the contract within thirty days of the entry into force of these amendments.
ARTICLE 16 – DISPUTESIn the event of difficulties or disputes between the parties in connection with the interpretation, execution or termination of this Agreement, the parties agree to seek an amicable solution in the spirit of this contract.
This contract is subject to French law and any dispute or disagreement that may arise between the parties in connection with the interpretation, execution or termination of this contract shall be within the jurisdiction of the Court of First Instance of Mont de Marsan.