Applicable as of 01 June 2022 and subject to change without notice.
ARTICLE 1 - Definitions
The term "SERVICE SUPPLIER" refers to SASU XTEP DEVELOPPEMENT identified by SIRET 88112661900017, represented by Thomas NARCANTE, 71 Bd Saint Denis - 92400 COURBEVOIE and SASU XTEP PROJECT MANAGEMENT identified by SIRET 88170098300011, represented by Serge FOUDJET, 53 rue Jules Massenet - 91420 MORANGIS, operating under the trade name "XTEP".
"CLIENT" refers to any natural person or legal entity requesting the services of the SERVICE SUPPLIER. The natural or legal person who signs these General Terms and Conditions of Sale (signature accompanied by the words GOOD FOR AGREEMENT on the quote) guarantees payment of the invoice even if it is drawn up in the name of a third party.
For the purposes hereof, each of the expressions mentioned below shall have the meaning hereinafter assigned to it, namely
- Terms of reference Specifications: Document provided by the CLIENT or produced in collaboration with the SERVICE SUPPLIER with or without remuneration, describing as explicitly as possible the content of the expected service and any constraints and specificities concerning the technical conditions of production, operation and quality of a service. The specifications only constitute a contractual element once they have been signed by both parties. Any specifications not signed or signed only by one of the parties shall be considered null and void.
- Graphic charter Document provided by the CLIENT or produced in collaboration with the SERVICE SUPPLIER with or without remuneration, describing as explicitly as possible the graphic elements used by the CLIENT (logos, colours, typography, etc.). The graphic charter may be included in the specifications. The graphic charter only constitutes a contractual element once it has been signed by both parties. Any graphic charter not signed or signed only by one of the parties is considered null and void.
- Services / Benefits All the actions of any kind carried out by the SERVICE SUPPLIER on behalf of the CLIENT.
- Supplier / Publisher : Any natural or legal person from whom the PROVIDER subscribes to any contract whose object is related to its services.
- Registrar / Host Any natural or legal person with whom the CLIENT enters into any contract whose purpose is related to the purchase or rental of domain name(s), email(s) and/or hosting solution(s).
- Hosting solution Service offered by a hosting company to rent a server partially or entirely connected to the Internet, with programs and software to place the various files and contents that make up a website and to operate a website through the Internet.
- Storage solution Service offered by a hosting company to rent a server partially or entirely connected to the Internet, with programs and software to store the files or data transmitted by the client in complete security.
- User : Internet user connecting to and using the above-mentioned site.
- Personal information : "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of Law n° 78-17 of 6 January 1978).
ARTICLE 2 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of services and benefits ("Services") offered by the PROVIDER to CLIENTS on its website www.xtep.fr.
Use of the XTEP website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the XTEP site are therefore invited to consult them regularly.
This site is normally accessible to users at all times. However, XTEP may decide to interrupt the site for technical maintenance purposes. In such a case, XTEP will endeavour to inform users in advance of the dates and times of the intervention.
The XTEP website is regularly updated by the company XTEP. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.
2.2. Description of the services provided
The purpose of the XTEP website is to provide information about all the company's activities.
XTEP endeavours to provide information on the site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.
All information on the XTEP website is given for information purposes only and is subject to change. Furthermore, the information on the XTEP website is not exhaustive. It is given subject to modifications having been made since it was put on line.
The SERVICE SUPPLIER offers the following services for any sector and any CLIENT:
- Provision of a management and steering tool (Excel) which can be downloaded free of charge and for a fee via the KLS TOOLBOX offer
- Business Plan
- Order Book
- Customer and prospect follow-up
- Expense account
- Timekeeping Hours Project
- HR Dashboard
- Provision of a tool for analysing your FECs (accounting entry files), available in a paid version on the XTEP website and giving you access to the My e-Controller platform.
This list is not exhaustive and is subject to change according to customer requests and the SERVICE SUPPLIER's management of offers: new products, exclusivities, modifications and/or deletions.
Documents may be supplied by the CLIENT or produced in collaboration with the SERVICE SUPPLIER with or without remuneration (specifications, graphic charter, etc.). These documents only constitute contractual elements once they have been signed by both parties. The performance of the service must comply with the estimate, the invoice or any other contract, in the absence of these contractual elements.
When a service is requested by the CLIENT, the SERVICE SUPPLIER may request access to the Client's working environments in order to assess the work to be carried out and to draw up an estimate, an invoice or any other contract.
ARTICLE 3 - Contractual limitations on technical data
The website and the downloadable files offered cannot be held responsible for any material damage linked to their use. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment with an up-to-date browser.
ARTICLE 4 - Intellectual property and counterfeiting
The XTEP companies are the owners of the intellectual property rights or hold the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except with the prior written authorisation of its representatives.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
ARTICLE 5 - Limitations of liability
XTEP cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the XTEP site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
XTEP cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the XTEP website.
Interactive areas (possibility of asking questions in the contact area) are available to users. XTEP reserves the right to delete, without prior notice, any content placed in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, XTEP also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
ARTICLE 6 - Personal data management
In France, personal data is protected by law no. 78-87 of 6 January 1978, law no. 2004-801 of 6 August 2004, article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.
When using the XTEP site, the following information may be collected: the URL of the links through which the user has accessed the XTEP site, the user's access provider, the user's Internet protocol (IP) address.
In any case, XTEP only collects personal information relating to the user for the purpose of certain services offered by the XTEP website. The user provides this information with full knowledge of the facts, in particular when he/she enters it himself/herself. The user of the XTEP site is then informed whether or not he/she is required to provide this information.
In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making a written and signed request, accompanied by a copy of the identity card with signature of the holder of the document, specifying the address to which the answer must be sent.
No personal information of the user of the XTEP site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of one or all of the XTEP companies and their rights would allow the transmission of the aforementioned information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with regard to the user of the site.
The databases are protected by the provisions of the law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
ARTICLE 7 - Hyperlinks and cookies
Browsing the XTEP website may result in the installation of cookies on the user's computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site and is also used to measure the number of visitors to the site.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his browser to refuse the installation of cookies.
ARTICLE 8 - Applicable law and jurisdiction
Any dispute relating to the use of the XTEP website is subject to French law. The competent courts of Nantes have exclusive jurisdiction.
ARTICLE 9 - The main laws involved
Law no. 78-87 of 6 January 1978, notably modified by law no. 2004-801 of 6 August 2004 on information technology, files and freedoms.
Law No. 2004-575 of 21 June 2004 for confidence in the digital economy.