general selling conditions
These products and services aim at allowing subscribers to benefit from the attribution by LowendalMasaï Company of a personal account with which they can :
- Access a computer-application range put forwarded by LowendalMasaï : ASSETMAPS asset management
- Benefit from data-store capacity.
"Administrator" : means any physical person named as such since signing-up for Services or subsequently and is in charge of liaising the ASSETMAPS site and specific Users.
"Applications" : means the different applications and modules selected by the subscriber form the applications available within the ASSETMAPS Service offer. Applications are specified and described in detail hereunder.
"General conditions" : means the hereby general selling conditions.
"Consultation material" : means materials, software and Internet connection of the Client in compliance with the minimum running requirements of the ASSETMAPS Service, as defined in Special Conditions in the ASEETMAPS technical specification.
"ASSETMAPS servers" : mean the server machines connected to the Internet by means of which LowendalMasaï provides the Client with the ASEETMAPS Service.
"ASSETMAPS Service" : means the services range complying with the characteristics exposed in the ASSETMAPS technical specifications, by means of which LowendalMasaï offers the Client Application-access.
These services are invoiced based on a daily charge in compliance with the provisions in Special Conditions. They are provided based on the subscriber signing a contradictory reception minutes.
LowendalMasaï shall commission everything to provide permanence, continuity and quality of the services that it proposes, and subscribes to this an obligation of means.
LowendalMasaï will do its best to offer 24/7 access. Yet, LowendalMasaï reserves the right to exceptionally and briefly retrieve access to services for possible maintenance or improvement interventions, in order to provide smoothly-running services.
This information may be communicated to LowendalMasaï par fax or e-mail.
Without the subscriber’s contrary notification, LowendalMasaï reserves the right to communicate all or items of this information at the end of research and analyses to partners within joint commercial operations or not.
In compliance with the provisions of Law n° 78-17 on January 6 1978, the subscriber will benefit from access and adjustment right with LowendalMasaï, for all information communicated within the required subscription.
The subscriber declares being older than 18 and/or fully competent to engage the company that he represents in concluding documents and liabilities resulting from the validation of the order ticket and the correlative agreement of the hereby general selling conditions. He shall guarantee LowendalMasaï that he shall pay all amounts owed due to the execution of the required subscription with his own means.
All cancellation within a month prior to the contract due date shall bring about a fix penalty worth one month’s subscription amount.
The subscriber is the only responsible of the ASSETMAPS Service utilization, in compliance with its rules, with this contract, with the utilization requirements of ASSETMAPS Service as described in detail in the LowendalMasaï technical specifications, and in compliance with the law.
Thus, access to ASSETMAPS Service is unlimited and nominal. Should there be proof of other persons having access to the ASSETMAPS Service, the subscriber shall notify this to LowendalMasaï and confirm it by LRAR.
LowendalMasaï is sole owner of all software, services, procedures, graphs, logos, design, software, technologies, marks and materials related to the Site and all range of products and services put forward by LowendalMasaï.
The subscriber solely benefits from all these elements for his subscription length of a common utilization right. LowendalMasaï also reserves the right to change or replace software as required by the utilization of its services, as soon as the said services are not significantly affected by it.
The hereby contract does not force LowendalMasaï to provide any training, nor assistance over the telephone. However, these services can, as long as they are included in the LowendalMasaï services offer required by the subscriber in compliance with the provisions in force and invoiced separately.
As a technical provider, LowendalMasaï does not provide updates of the information in the ASSETMAPS Service or control of this information.
It is the Client’s task to change himself information comprised in the ASSETMAPS Service if he has the necessary authorization to do this or to obtain advisory services from all authorized competent providers. Without a separate subscription for a training service, regardless of situation CLEMETZ shall not include among services stipulated in the hereby contract, assistance related to lack of training of the Client’s staff or of the access parameters or operation of the ASSETMAPS Service.
The hereunder are also not considered part of LowendalMasaï services :
Developing new services, or operation within ASSETMAPS Service,
Changes and parameters of the ASSETMAPS Service or of data files as requested by the subscriber, without LowendalMasaï consent or notification on purpose in Special Conditions.
LowendalMasaï shall not be held responsible for services and products supplied that fail to meet particular purposes that the subscriber may consider or aim, ever since making any decision according to which he has not only access to online information on the website, but also to the ASSETMAPS technical service.
In no circumstances can LowendalMasaï responsibility be brought into question concerning information, images, sounds and texts included and/or spread in the received or spread elements, those which solely involve their sender’s liability. The subscriber, author of such shall guarantee LowendalMasaï of all default repercussions.
LowendalMasaï shall not consult, trace or archive data, messages which transit the client’s ASSETMAPS account.
Force majeure cases suspend liabilities derived from the hereby contract throughout the length of its existence. However, if the force majeure case lasted longer than 30 consecutive days, it allows for the cancellation in full right of the hereby contract by either party eight days prior to sending a registered letter with a reception notice notifying the decision.
LowendalMasaï also has at any time, the possibility to cancel if the products and services are used excessively and may harm the overall quality of its services.
In case of cancellation by LowendalMasaï because of subscriber’s fault, the latter shall pay the subscription price remaining until the contract due date.
In case of cancellation by the subscriber because of LowendalMasaï fault, the former may obtain solely refunds of the amounts previously-paid for the period subsequent to the reported non-compliance, without any other compensation.
On canceling the hereby contract, LowendalMasaï shall delete from the ASSETMAPS Servers the access allotted to the subscriber and shall return via e-files all data recorded by the ASSETMAPS services.
LowendalMasaï reserves the right to yield, transfer or provide to a third party, regardless of the form, the rights and liabilities derived from the hereby contract.
The tariffs indicated account for the first year of the contract execution. Should the parties meet the provisions in the hereby contract, LowendalMasaï may change its tariffs according to the evolution of its public fees. This change shall be notified to the client with a one-month notice previous to its coming into force.
The subscriber may refuse in writing this change in the month of the said notification, in which case the hereby contract shall be cancelled without any other procedures or compensation. All services not stipulated purposefully in the hereby contract shall be invoiced by LowendalMasaï at its public fees.
All payment incidents or delays since the set date will lead to invoicing penalties as generated by such an incident, the application of a mutual interest equal to the legal interest increased 3 points, for a delay penalty of 5% of the owed amounts, as well as invoicing file fees, summon for execution and corresponding recovery, without detriments on the suspension and possibly cancellation of the hereby contract.
The hereby contract is construed and governed by the French Law. In case of lawsuit to interpret or execute the hereby provisions, and subject to the subscriber’s company status, the full competence is attributed to the Orleans Commerce Law court France.
For immediate contact :
Commercial department telephone number : 33 (0)188.8.131.52.00
Commercial department e-mail: email@example.com
- AssetMaps.com demo assisted by a commercial representative
- Available commercial materials (PDF-format)
- Bill of prices in less than 24 hours.
16 rue Washington 75008 Paris (France)
Tel. 33 (0)184.108.40.206.00 - Fax 33 (0)220.127.116.11.05
Siren 352781413 - TVA FR 46 352 781 413 - Code APE 741G
Site-publication manager : Laurent CLEMENTZ
Hosting : NEUF TELECOM
40-42 Quai du Point du Jour 92659 Boulogne-Billancourt Cedex - France
R.C.S. de Nanterre 414 946 194
LowendalMasaï - 16, rue Washington 75008 Paris (France) - Siren 352781413 Copyright © LowendalMasaï 2007 – All rights reserved