general selling conditions 

THE HEREUNDER GENERAL SELLING CONDITIONS ARE INTEGRATED PART OF THE ORDER TICKET AND APPLY FOR ALL SUBSCRIPTION TYPE, ASSETMAP ACCOUNT OPENING OPTIONS AND MEANS.


ARTICLE 1 - SCOPE AND DEFINITIONS

 Scope :
LowendalMasaï supplies the use of a software package management, including several products and services to which various options may be associated so that data is stored on secure servers.

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.

 Definitions :
"Subscriber" : means any User who has signed a subscription contract to the Services in exchange of paying a fee.

"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.

ARTICLE 2 - DESCRIPTION OF SERVICES

LowendalMasaï proposes using on-line applications and data-hosting. These applications and data are accessible anyplace, easily via a web navigator.
The applications range proposed by ASSETMAPS meets multiple needs :
ARTICLE 3 - ACCESS TO ASSETMAPS SERVICES

LowendalMasaï shall commission and configure the Client’s access to ASSETMAPS Service. This service has the features and limitations exposed in Special Conditions. The subscriber benefits from compliant Consultation Materials and which are susceptible of allowing access to the ASSETMAPS Service.
Commissioning and configuration operations are performed by LowendalMasaï solely on the ASSETMAPS Servers, without any CLEMETZ intervention on Consultation Materials in compliance with this or with any item or part of Consultation Materials.

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.

ARTICLE 4 - INFORMATION COMMUNICATED BY SUBSCRIBER

All information communicated by the subscriber since requiring for his subscription to the ASSETMAPS services, especially all information relevant to the selected payment method (bank card, automatic withdrawal or check) are a must for the subscription smooth-running and management.
The subscriber shall therefore communicate honest and valid information especially concerning his identity and his banking details. He shall also inform LowendalMasaï without any delay on any changes in his status different from that declared on subscribing, especially all changes affecting his address, banking coordinates, selected payment methods, etc.

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.

ARTICLE 5 - CONTRACT COMING INTO FORCE


The subscriber concludes the contract on the date of validation, of the compulsory filling-in of the order ticket and of the hereby general selling conditions.

ARTICLE 6 - CONTRACT LENGTH, RENEWAL, AND CANCELATION

The subscription contract is concluded for one year, it is automatically and indefinitely renewed on tacit basis for one-year intervals, without any cancellation, according to the LowendalMasaï tariffs and conditions in force on the date of its renewal, as published on the Site.
All cancellation shall be submitted exclusively via registered letter with reception notification :
 by the subscriber to the registered office of LowendalMasaï 16, rue Washington 75008 PARIS FRANCE
 By LowendalMasaï to the last-communicated address of the subscriber, maximum one month prior to the contract due date.

All cancellation within a month prior to the contract due date shall bring about a fix penalty worth one month’s subscription amount.

ARTICLE 7 - RIGHT TO USE ASSETMAPS SERVICES AND PRODUCTS

The subscriber will receive a user name and a password that he shall keep confidential.

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.

ARTICLE 8 - UTILISATION CONDITIONS OF ASSETMAPS SERVICES AND PRODUCTS

The subscriber declares having made sure that LowendalMasaï-supplied service and products are compliant, especially services of other companies which it associates to the utilization of ASSETMAPS offer (for presentation purposes and in a non-exhaustive manner : Internet access supplier, etc.).

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.

ARTICLE 9 - FORCE MAJEURE

In case of force majeure, the liabilities of the party in question are suspended, especially in case of: telecommunication network blockage, strike, national or local emergency state, fire, lightning, explosion, flood, storm, exploits of third parties; LowendalMasaï shall not be held responsible for any incident due to Internet-specific uncertainties, those which are purposefully acknowledged by the parties in case of force majeure.

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.

ARTICLE 10 - SUSPENSION

Should the subscriber fails to comply with any of his liabilities, LowendalMasaï reserves the right to suspend without previous notice, all services provided, without this suspension giving the right to any compensation. Especially that is the case for any non-compliance for any amounts owed in the execution of the hereby contract, without affecting the possible cancellation of the subscription.

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.

ARTICLE 11 - CANCELLATION

Should either party fail to comply with any liabilities stipulated in the hereby contract, regardless of previous suspension of the subscription, it can be cancelled in full right eight (8) days subsequent to sending a unsuccessful notification submitted by fax.

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.

ARTICLE 12 - TRANSFER

Transferring all or a part of the hereby contract especially the ASSETMAPS account, reselling or renting all or a part of the ASSETMAPS services or products by the subscriber is forbidden, without prior consent of LowendalMasaï.

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.

ARTICLE 13 - TARIFFS

The price of ASSETMAPS services is made up of a fix yearly subscription. The subscriptions tariffs, the different services as well as the invoicing method, are the scope of an online description on the site.

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.

ARTICLE 14 - INVOICING

ASSETMAPS services and products are paid for on yearly-basis on reception of invoices, on the subscriber’s choice : by bank transfer or check.

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.

ARTICLE 15 - APPLIABLE LAWS AND REGLEMENTATIONS

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)1.55.65.18.00

Commercial department e-mail: contact-gdi@lowendalmasai.com
 
- AssetMaps.com demo assisted by a commercial representative
- Available commercial materials (PDF-format)
- Bill of prices in less than 24 hours.


LowendalMasaï
16 rue Washington 75008 Paris (France)
Tel. 33 (0)1.55.65.18.00 - Fax 33 (0)1.55.65.18.05
Siren 352781413 - TVA FR 46 352 781 413 - Code APE 741G


Site-publication manager : Laurent CLEMENTZ


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LowendalMasaï - 16, rue Washington 75008 Paris (France) - Siren 352781413 Copyright © LowendalMasaï 2007 – All rights reserved