These General Terms and Conditions of Sale are intended to define the conditions and methods for providing the Diag QVT application, as well as the rights and obligations of the parties in this context.
The DIAG QVT application is a tool intended to be used by the Client's employees to individually and anonymously respond to questionnaires to raise the company's awareness of their employees' needs in terms of QVT. The application is accessible via smartphone.
The Client places an order by signing a contract for the use of the application with the Service Provider. The order is considered firm and final upon signature of the contract by the Client. By placing an order, the Client accepts these General Terms and Conditions of Sale without reservation.
The applicable prices for the use of the application are those in effect on the day of the order. Prices are expressed in Euros and are exclusive of taxes, with applicable taxes charged in addition. Payment is made by SEPA direct debit or bank transfer according to the terms defined in the contract.
The Service Provider grants the Client a non-exclusive, non-transferable right, limited to the duration of the contract, to use the application for its internal needs. This right of use extends only to the Client's employees, within the limits set out in the contract.
The Service Provider undertakes to provide access to the application in accordance with the technical and functional specifications described in the documentation. The Service Provider provides corrective and evolutionary maintenance of the application, as well as technical support according to the terms defined in the contract.
The Client undertakes to use the application in accordance with its intended purpose, these General Terms and Conditions of Sale, and applicable legislation. The Client will provide the contact details of its employees in .CSV format; a login and password will then be generated by Magic Link by the application's support platform in order to preserve security and anonymity.
The Service Provider cannot be held liable for indirect or intangible damages resulting from the use or inability to use the application. The Service Provider's liability, if engaged, is limited to the amounts paid by the Client for the use of the application during the 12 months preceding the event giving rise to liability.
The Service Provider undertakes to comply with the legislation applicable to the protection of personal data, in particular the General Data Protection Regulation (GDPR). The Client is responsible for the data it collects and processes via the application, and undertakes to obtain the necessary consents from employees.
The contract is concluded for a period of 12 months from the date of signature. In the case of a fixed-term contract, it is automatically renewed by tacit agreement for identical periods, unless terminated by either party by registered letter with acknowledgment of receipt (1-month notice).
The contract may be terminated by either party in the event of a serious breach of contractual obligations by the other party, after formal notice has remained ineffective for 1 month. In the event of early termination at the Client's initiative, the amounts remaining due under the contract become immediately payable.
Neither party shall be held liable in the event of failure to fulfill its obligations resulting from an event of force majeure as defined by the case law of the courts and tribunals of Rennes.
These General Terms and Conditions of Sale are subject to French law. Any dispute relating to the interpretation or execution hereof shall be subject to the exclusive jurisdiction of the courts of Rennes.
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law or regulation, the other provisions shall remain in full force and effect. Failure by either party to invoke a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
These General Terms and Conditions of Sale constitute the entire agreement between the parties and cancel and replace any prior agreement, written or oral, concerning the same subject.