General conditions of sale
These general terms and conditions of sale and use are those of our company, Feazer, a simplified share company whose registered office is located 5 rue Louis Malle in Villeurbanne (69100), registered in the Registry of Commerce and Companies of Lyon under number 877 696 120, (hereinafter referred to as "the "Registration du commerce et des sociétés de Lyon"), « we » or « FEAZER »).
We offer our customers an all-in-one graphics solution (hereinafter the « Service ») by subscription comprising :
– graphic services;
– access to a dedicated platform in SaaS mode.
This contract governs the terms of sale and supply of our Service. It shall be concluded between FEAZER and any professional wishing to benefit from it (hereinafter: « Client » or « you ») (all « Parties »).
1. Definitions
Each term beginning with a capital part and used in the singular as in the plural part of this Agreement and any annexes thereto shall have the meaning specified in its definition in this Article, the identical terms used without capital part being considered in their common sense.
« Subscription » means the subscription to which the Customer subscribes in order to benefit from the Service.
« Client » or « you » designates you when you subscribe to the Service.
« Command » means an order placed on the Platform for the execution of a Project.
« Account » means the custom space made available to you on the Platform and allowing you to access it through your Identifiers.
« Contract » means this contract and any annexes thereto.
« Customer Elements » means any information, data, file, document, mock-up, support or other element belonging to you that you make available to us as part of a Project for us to realize the Benefits.
« Formula » means one of our subscription formulas.
« Identifier » means together the login identifier and the password linked to it allowing you to access your Account on the Platform.
« Liquid » means the graphic productions carried out by FEAZER in the framework of the Services.
« Platform » means the platform accessible from our Site on which Customers can place Orders, track their Current Projects and recover their Deliverables.
« Benefits » means the graphic services provided by FEAZER to the Customer in application of these provisions.
« Project » means a graphic design/production project ordered through the Platform and resulting in the provision of a Deliverable by FEAZER to the Customer.
« Service » means the global service provided by FEAZER allowing the Customer to benefit from the Services and access to the Platform.
« Site » refers to our website www.feazer.com on which our Customers can subscribe to our Service and connect to the Platform.
2. Purpose of the contract
The purpose of this Agreement is to define the conditions under which we provide you with the Service.
3. Entry into force – Duration
The Contract shall enter into force from the date of its acceptance online (check box) by the Customer.
It is concluded for the duration of the Subscription chosen at the time of the online subscription.
Our Subscriptions shall be renewed by tacit extension, for successive periods corresponding to the initial period chosen, unless denunciation by either Party takes place at least 15 calendar days before the date of renewal of the Contract addressed to the other Party by email or by message on the Platform.
4. Subscription
4.1. Subscription
Use of our Service requires subscription of one or more Subscriptions by following the online subscription procedure on our Site.
You have the option to choose the Formula d
Any subscription formula gives you the right to access our Platform.
On the other hand, the scope of the benefits we are able to provide varies according to the form we subscribe.
For more information on our Subscription Forms and applicable rates, please visit our website: https://www.feazer.com/en/tariffs/
When you sign up for your Subscription, we ask you for information to process your request and provide you with our Service.
You undertake to ensure that all registration information you submit is true, accurate and complete, and to keep it up to date throughout the life of the Subscription.
If you provide us with false, inaccurate, non-current or incomplete information, we may suspend the Service or terminate your Subscription. We also reserve the option of refusing any future use of our Service.
You also declare that your company enjoys a legal status recognized by French law or by the law of the country where your company is domiciled, and acknowledge that, failing that, we will be able to terminate the Contract automatically.
4.2. Financial conditions
4.2.1. Prices and methods of payment
To benefit from the Service, you must pay the price of the Subscription corresponding to the chosen Formula.
Before we are required to provide the Service, you must pay the amount of the Subscription (and the applicable taxes) in its entirety, depending on the billing frequency corresponding to the Form chosen when you register.
Unless otherwise agreed by us, the payment shall be made, by credit card term to pass, at one time on the day of subscription of the Service.
In the event of renewal of the subscription, payment shall be made automatically (credit card levy) under the same conditions on the day of renewal.
Prices are displayed on the Site. They are denominated in euro and calculated without taxes. They will be increased by VAT and any other applicable taxes, as well as any incidental costs incurred by you. No discounts will be granted in case of advance payment.
Our prices include discounts and discounts, if any.
You declare and warrant that your billing information is accurate, up-to-date and that you are authorized to make the payment.
4.2.2. Failure to pay
Failure to pay on the scheduled date will automatically result in the invoicing of late payment penalties per day equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late penalties are payable without a reminder.
A flat-rate compensation for recovery costs of 40 euros will also be payable by the Customer, automatically and without prior notification. Additional compensation may be claimed, on the basis of evidence, where the cost of recovery incurred exceeds the above-mentioned amount.
The default or delay in payment may also lead to the total or partial interruption of the Service at FEAZER's discretion.
4.2.3.Repayment policy
All amounts due under this Agreement are, as a matter of principle, non-cancellable and non-refundable, except in the cases specified below.
Our goal is to provide quality service to our customers and to guarantee you a good experience. This is why we apply a policy "satisfied or refunded within 30 calendar days" so that you can test our Service without risk.
The 30 calendar days start from the first version of the first Deliverable ordered.
The following are the conditions required to qualify for the rebate policy:
1. You must create at least one Project on the Platform.
2. In case of dissatisfaction when sending the first version of the Deliverable desired, you must give our designers the opportunity to adjust it.
The eligibility for reimbursement shall be cancelled if:
1. You approve the Project(s).
2. You exceeded the 30 calendar days limit from the delivery of the first Deliverable to make your refund application.
3. You request or download source files.
Formulas of subscription with a firm commitment period of six months or one year are not eligible for our refund policy.
We have put these rules in place to protect the integrity of our Service and prevent abuse.
If you have any questions or for any refund request, please do not hesitate to send us an e-mail at: contact@Feazer.com.
4.2.4. Revision of tariffs
We reserve the right to change our rates with 15 days' notice for Customers impacted by these tariff changes. If you are concerned, we inform you by email.
You can refuse the proposed new rate by cancelling your Subscription before the end of the notice by email. .
You acknowledge that your failure to respond within this time limit will be an unqualified acceptance of the new tariff, which will apply upon expiry of the notice.
However, we are not required to inform you of temporary promotions or fee reductions.
5. FEAZER benefits
5.1. Services included in our Subscriptions
When you sign up for a Subscription to our Service, and according to the Form you have chosen, here are the Benefits that we are able to provide you when you ask us:
Web and Social Networks (post, banner, story, slider/carrousel etc.);
Print (flyer, poster, magazine advertising, business card, etc.);
Web design (web design page UI, landing page UI);
Illustrations (personalized illustrations);
Presentation (corporate, commercial, training, pitch deck, white paper, etc.);
Motion Design (tutorial video, presentation video, promotion video, identity animation, trailer, etc.);
Advanced features (project meetings, video exchange package, advanced graphic layout);
Other (animated GIF, infographic, simple logo edition, clothing and accessories, etc.).
However, we do not provide the following services:
Logo and identity (creation of logo, graphic charter);
Illustration (hand-made illustration, illustration or 3D drawing);
Web design (design IU mobile application, web design UX, HTML/CSS or any programming language, UX design and design, integration into emailing tools);
Video (video editing and editing, complex graphic animations, Powerpoint animation);
Photo (complex photo editing and editing, purchase of photos);
Writing (creation, entry, reconsolidation/conciliation of texts or data. writing or correcting written content);
Software (production supports outside Adobe or Figma suite, Word graphics, Excel, emailing tools, Sketch...)
For more details on the Services we provide, please visit our website: https://www.feazer.com/en/types-de-graphisme/
5.2. Terms of order for the services
When you have subscribed, you can submit as much Project Orders as you wish for the duration of this Subscription and within the limits of it.
Any Project Order is made directly on the Platform through your Account by following the procedure provided for this purpose (brief form for describing the Project, integrating attachments, defining a delivery format, etc.).
From your Account, you can:
– to make Project Orders;
– suspend or cancel a Project;
– to revise a Project.
We accept revisions indefinitely. However, you recognize that ongoing revisions of the Project may have a significant impact on turnaround times.
In the event of multiple Commands, we will have to complete the last Project in progress and it will have to be approved before we can move on to the next (except for some specific Formulas where we can process Commands simultaneously).
Suspend or cancel a Project will immediately stop its production and allow our team to move to the Project as appropriate.
5.3. Provision of benefits
We make our best efforts to achieve the Services in accordance with the Orders you place on the Platform.
In particular, we do our best to address all your priorities and deadlines, but we suggest that you not use our services for urgent projects (delivery within 24 hours).
As such, you recognize that our delivery pace depends on many factors, such as the volume or complexity of requests, or the number of revisions you are requesting.
We try, whenever possible, to deliver the so-called standard/simple orders within 1 to 3 working days. On the other hand, some orders due to volumetricity and complexity may take more than 1 to 3 working days.
Therefore, when we indicate deadlines, they are always indicative. However, we are making our best efforts to respect them.
In any event, we will inform you in case of delay in relation to the announced deadlines and propose you a new deadline if necessary.
We are also trying to minimize errors, but you recognize that because of the nature of the work and the creative design that this requires, we cannot guarantee that not every book contains any errors.
When we complete a Project, we provide you with the Livrables on the Platform. We inform you of this availability through a notification via the Platform.
When we deliver to you, you agree to examine and verify all Deliverables for any errors or omissions and to inform us if any changes or corrections are required within ten (10) days of receipt.
Otherwise, the delivery is considered to be in conformity and we will not be required to make any revisions after this period.
5.4. Subcontracting
You expressly authorize us to outsource all or part of the Benefits to third-party claimants.
We will be responsible for the proper performance of the services entrusted to third-party providers where appropriate.
5.5. Customer collaboration
You acknowledge that your cooperation is essential to the proper performance of the Benefits.
As such, you undertake to:
provide us with the necessary Customer Elements to carry out the Services, when we ask you, and more generally, to make available to us any information or document that you request to the extent that they are necessary to comply with our contractual obligations.
perform all your tasks, including the need/briefing;
notify us in good time of any event that you may know and may affect the proper performance of the Services.
We will not be liable, and you will not be able to terminate the Contract in advance, in case of non-performance of our part resulting from your lack of cooperation.
6. Provisions governing access and use of the Platform
6.1. Rights of access and use of the Platform
By this Agreement, we grant you, for the whole world, a right of remote access and use of the Platform, personal, non-exclusive, not transferable for the duration and within the limit of the subscribed subscription.
These rights are granted only for your internal needs directly related to your business.
Client agents are allowed to use the Platform. The Customer has the possibility to create user accounts for these agents allowing them to have personalized access to the Platform. Where this is the case, the user agent shall have its own identifiers which are and must remain confidential in accordance with Article 6.3 below.
The Customer is solely responsible for his own actions and those of his agents on the Platform and for the way it is used.
6.2. Access arrangements
Access to the Platform is via the Internet, and in particular through our Site.
The Customer accesses it from its own computer environment. He does his personal business, at his exclusive expense, of acquiring, setting up, maintaining and connecting the various elements of the configuration and the means of telecommunication necessary to access the Platform.
6.3. Identifier
You access the Platform through Identifiers, which are provided to you at the time of registration. You agree to keep your Identifiers confidential and will be responsible for any use of your account and password.
You will need to inform us immediately in case of unauthorized use or suspicion of use of your Identifiers.
6.4. Rules of use and prohibited behaviour
You undertake to use the Platform:
– in a normal and non-fraudive manner;
– in accordance with the provisions of this Agreement and any rules of use made accessible by FEAZER, in particular by posting, publishing or notifying on the Platform;
– respecting the rights of third parties and FEAZER and any applicable regulations.
In particular, you prohibit yourself:
– to distribute, disclose to the public, copy, reproduce, modify, create derivative works, disassemble, uncompile, in particular by reverse engineering, any content or element of the Platform without the express and written consent of FEAZER or, where appropriate, that of the third parties concerned;
– to publish false, erroneous, misleading, unlawful or contrary to public order and morality or links to content with these characteristics through the Platform;
– to transfer your Identifiers to a third party or, more generally, to make the Platform available to unauthorized third parties by any means without the express, written and prior consent of FEAZER;
– to disrupt or attempt to disrupt the proper functioning of the Platform or the activities taking place there;
– introduce viruses or other technologies that could harm FEAZER or the interests of third parties;
– bypassing robot exclusion protocols or any other measures used to prevent or limit access to the Platform;
– to search data without the express, written and prior consent of FEAZER;
– use automata (bots), spiders (spiders), scrapers or any other automated process to access the Platform for any purpose, without the express, written and prior consent of FEAZER.
You are strong in the fulfilment of all these obligations by your staff when they use the Platform. Any breach by any of your agents of any of these obligations may incur your liability.
7. Availability – Maintenance
7.1. Availability
The Platform is not hosted by FEAZER but by a third party provider, a professional hosting provider specially chosen for its know-how, reputation and data security commitments.
We remain free to make use of any other provider of our choice at any time without it being considered as a modification of the terms and conditions of performance of the Contract, insofar as this does not cause any degradation of the Platform.
FEAZER will strive to reach a 98% Platform availability.
7.2. Corrective maintenance
We provide corrective maintenance of the Platform as part of an obligation of means.
In this context, we may have to carry out ad hoc interventions, whether programmed or not, on the Platform in order to ensure its proper functioning.
You undertake not to intervene directly or via a third party on the Platform in any way and for any reason, including to correct any malfunctions, and to contact FEAZER's technical support in this case.
You can notify our technical support of any malfunction of the Platform via the following email: contact@feazer.com
Our technical support runs from Monday to Friday from 10 a.m. to 5 p.m., except holidays.
FEAZER undertakes in any event to make its best efforts to resolve the Platform's malfunctions as soon as possible.
The Platform may occasionally be suspended, interrupted or slowed down, in whole or in part, for any cause independent of FEAZER, in particular in the event of regional or global saturation of the Internet, in the event of ongoing maintenance interventions, or in the event of an emergency or imminent threat to the security of the Platform (including suspicious use), or for the preservation of the confidentiality and availability of the data hosted therein, without prior notification at any time.
FEAZER will inform the Customer of any suspension or interruption of the Platform and will endeavour to make it available again as soon as possible.
FEAZER shall not be held liable for unavailability or malfunction in the following cases:
– Client's refusal to collaborate with FEAZER in the resolution of malfunctions and in particular to answer any questions and inquiries;
– use of the Platform not in accordance with its destination or documentation by the Customer;
– Unauthorised intervention on the Platform by the Customer or a third party;
– use of any hardware, browser, software, software or operating system that is obsolete or not compatible with the Platform;
– failure of electronic communication networks;
– voluntary act of degradation, malice, sabotage by the Customer or a third party.
8. Evolution of the Platform
We are free to change the Platform without informing you beforehand as long as it does not cause any degradation of the Service.
In particular, we will evolve our Platform to adapt to the evolution of the technologies and standards used on the Internet. These developments may require you to make updates (including web browsers).
In case of refusal to perform these updates, we will not be held responsible for the resulting malfunctions of the Platform and/or any partial or total impossibility of accessing it.
9. Intellectual property
9.1. Intellectual property of FEAZER
FEAZER is and remains the holder of all intellectual property rights relating to the Platform and its components, as well as all the know-how related to it.
Neither this Agreement nor access to the Platform confers any right on the Customer on the Platform or the components thereof, with the exception of the right of access and use provided for in Article 6.1.
Any use or exploitation of the Platform or any of its elements in contravention of these provisions may give rise to any action appropriate to FEAZER's initiative, including the exercise of infringement proceedings or unfair competition proceedings.
Under no circumstances shall this Agreement authorize the Customer to use trademarks, corporate names, trade names, signs, domain names and other distinctive signs identifying FEAZER or the Platform in any capacity or in any manner whatsoever.
FEAZER guarantees that it has copyright in the elements of the Platform of which it is the creator and that it has, more generally, the rights necessary to consent to this Agreement.
It declares and guarantees that the Platform is not likely to infringe the rights of third parties. For the rest, it does not consent to the Customer any guarantee other than that resulting from his personal fact or the material existence of the Platform.
9.2. Intellectual property of the Client
9.2.1. Property of the Livrables
You will be the sole and exclusive owner of all rights, titles and interests relating to the Deliverables, including all related intellectual property rights.
In this capacity, we give you exclusively all the copyrights that may relate to the Deliverables that we make for you as part of the Services.
We give you the rights of reproduction, representation and adaptation of Livrables, exclusively for the whole world, for the legal period of protection recognized by copyright, and for all purposes.
We guarantee that you will be the owner of the copyright in the items we assign you and, more generally, that we will have the rights necessary to consent to this assignment without prejudice to the rights of third parties.
Therefore, we guarantee you the full and peaceful enjoyment of the rights assigned both against our own fact and against any disturbance, actions, claims or evictions from third parties, such as any infringement action.
In the case of third-party action, our guarantee will only cover damages that may be brought against you under a final court decision, within the limits of the maximum liability provided for in Article 15.1.
You authorize us to use the Livrables we have made for you for the purposes of promoting and advertising our Service to the public on all communication media, including its websites and/or social networks.
9.2.2. Ownership of Customer Elements
The Customer Elements are and remain your entire property.
By communicating them to us via the Platform or by email, you expressly authorize us to use them for the exclusive purposes of performing the Services, and more generally, of providing our Service.
You guarantee that you have all the rights necessary to enable us to use your Customer Elements for the above purposes.
You guarantee us against any action or claims by third parties relating to Customer Elements. You also guarantee that they do not infringe existing laws or the rights of third parties, including those relating to counterfeiting or unfair competition.
At our sole discretion and without limitation, notice or liability, we may remove from the Platform or disable all Customer Elements, which would no longer be necessary for the conduct of the Project for which they were made available to FEAZER, which are of excessive size or which are in any way a burden for our computer systems.
9.2.3.Customer Marks and Distinctive Signs
You hereby authorize us to use your trademarks and other distinctive signs identifying you (commercial names, signs, domain names or other) in the provision of the Services exclusively, and in particular for reproduction purposes on Livrables where necessary or requested.
This authorization is granted for the duration of the Contract only, on a non-exclusive, non-transferable basis and without the right to sub-license.
Any other use of your marks and/or distinctive signs is expressly prohibited.
You also authorize us to use your trademarks and other distinctive signs identifying you for the purposes of promoting and advertising our Service to the public on all communication media, including its websites and/or social networks.
In any event, you remain the owner of all intellectual property rights in your trademarks and other distinctive signs which you make available to us and which you authorize to use under this Agreement or under specific authorization.
10. Processing of personal data
We undertake to comply with our legal obligations in relation to the protection of personal data, in particular with regard to the European Regulation 2016/679 of 27 April 2016 on data protection (GDPR) and the amended Data Protection Act of 6 January 1978.
We are required to perform processing of personal data concerning you as part of the management of the commercial relationship with you and the provision of our Service, as processing manager within the meaning of the GDPR.
11. Confidentiality
All communications between you and us are kept confidential. We will not disclose your private information or Project information to third parties except our network of graphic designers and supplier partners.
12. Termination – Exemption from enforcement
12.1. Termination for failure to comply
In the event of a serious or repeated breach of one or more of the obligations of the Contract or of a breach of an obligation considered essential between the Parties, the injured Party may, without prejudice to the possibility of claiming damages:
– suspend the performance of its own obligations until the defaulting Party resumes its obligations.
In this capacity we may in particular, in case of fault on your part or of one of your agents using the Platform, in our sole discretion, restrict or suspend, totally or partially access to our Platform.
– or notify the other Party of the termination of the Agreement for fault by registered letter with request for acknowledgement of receipt;
Termination for fault shall be effective within one (1) month of receipt of the notification to the defaulting Party or in the absence of receipt, from the date of first submission of the letter, provided that the defaulting Party does not remedy the situation within that period.
12.2. Effects of termination
In case of termination for fault of your part, you will be required to pay the Subscription in its entirety. As such:
– any remaining amounts due to FEAZER in respect of the supply of the Service shall immediately become due, i.e. the entire subscribed subscription until the end of the current contractual period, and any incidental costs;
– FEAZER will keep all amounts already paid by the Customer;
– Projects in progress at the time of termination will be terminated, without our obligation to deliver.
In case of termination for fault on our part:
– you will only be required to pay the Subscription in proportion to your actual use of the Service;
– Projects in progress at the time of termination will be continued until completion, within the duration of the initial subscription.
After termination for any cause:
– We will keep your Identifiers and your Active Account so that you can access and recover all previously submitted Deliverables until the end of your current billing period. At the end of this period, you will no longer be able to access the Service;
– we will return the Customer Elements in our possession, if you ask us within fifteen (15) days of the termination. Transfer transactions can be charged based on their complexity. In the absence of a request for restitution within this period, we will be able without fail to delete, erase or destroy the Customer Elements remaining in our possession.
13. Liability
13.1. General limitation of liability
The Parties agree that FEAZER is subject to an obligation to provide the Service.
FEAZER's liability may be incurred only for the foreseeable damage directly caused by it, excluding any indirect damage, consequential or intangible damage, any loss of exploitation, loss of production, loss of profits, loss of profit, loss of contract, damage to image, immobilization of personnel or equipment, without any joint or several liability with the third parties which contributed to the damage.
In any event, in the event that FEAZER's liability is held in any capacity whatsoever, the total amount of compensation which FEAZER may be required to pay to the Customer shall not exceed, in any amount and in any amount whatsoever, the amount without taxes for one (1) year ofSubscription under the terms of the Contract, regardless of the legal basis of the claim and the procedure used to bring it to a conclusion.
No complaint and/or action by the Customer for any cause may be made and/or brought against FEAZER within twelve (12) months of the occurrence of the fact on which it is based.
13.2. Specific cases of limitation of liability
The Customer acknowledges that the limitations of liability set out below operate between the Parties a reasonable distribution of risks and responsibilities in relation to the context and to the conditions of the present.
FEAZER's liability, in any way whatsoever, is expressly excluded for any damage:
– resulting from a breach by the Customer of any of the obligations contained in Article 6.4 of this Agreement;
– resulting from a security deficiency (material or software) of the connection terminal (computer, mobile phone, tablet etc.) with which the Platform is used;
– suffered by the technical environment of the Customer or one of its staff, including computers, software, network equipment (modems, telephones, etc.) and any equipment used to access the Platform;
– resulting from the inaccessibility, unavailability, suspension, interruption or slowdown of all or part of the Platform, in particular due to the regional or global saturation of the Internet network, or at the server centre of the hosting provider, or due to maintenance interventions operated by FEAZER;
– resulting from modification, intrusion, alteration, unavailability of the Platform by a third party (person, virus, etc.);
– resulting from errors made by the Customer in the use of the Platform or any non-compliant use thereof;
– resulting from any content or data put online by the Customer or a Collaborator through the Platform.
14. Major Force
None of the Parties shall be liable to the other for any breach of its obligations if the performance of the Contract is delayed or prevented by reason of a case of force majeure within the meaning of article 1218 of the Civil Code and the jurisprudence of the Court of Cassation.
The Parties agree, inter alia, that the following events must be classified as force majeure, without limiting such a list: acts of war, acts of terrorism, riots, labour disputes, external strikes, lock-out, natural or sanitary disasters, fire, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental and judicial authorities not attributable to fault of the failing Party, lack of energy supply, partial or total cessation of the Internet network or any communications networks.
The Party affected by a case of force majeure shall forthwith inform the other Party thereof by such means as it deems appropriate, confirmed by registered letter with acknowledgement of receipt, justifying exceptional circumstances which render it impossible to fulfil its contractual obligations, and providing any relevant justification.
In any event, the Party affected by force majeure shall make its best efforts to limit its duration and consequences.
In the event that the event giving rise to the event of force majeure continues for more than 3 (three) consecutive months, either Party may terminate the Contract by registered letter with acknowledgement of receipt, unless expressly agreed otherwise by the Parties.
15. General
15.1. Amendment of the Contract
We will inform you of any changes to the Agreement by sending you an email containing the new version. If you do not object within seven (7) days of receipt, the new version of the Contract will be considered accepted.
15.2. Title and independence of clauses
In the event of a discrepancy or inconsistency between any of the titles at the top of the terms of this Agreement and the terms contained therein, the titles shall be declared non-existent.
If one or more clauses or stipulations of this Agreement are held invalid or declared invalid by law, regulation or final decision of a competent court, the other clauses and stipulations shall retain all their force and validity and the Parties shall negotiate in good faith provisions equivalent to the invalidated provisions.
15.3. Evidence agreement
Parties shall recognize the probative value of computerised data exchanged between them through the Platform.
The Customer expressly recognizes (i) the contractual value and validity of any acceptance made from the Platform, once connected by means of its Identifiers; (ii) that the Identifiers of the Platform are authentic between the Parties; and (iii) that the Identifiers of the Platform have the same probative force as written in paper form in electronic format.
Accordingly, the Customer expressly acknowledges and accepts that the Contract and any other contractual commitments between the Parties may be established and retained on any durable medium, and therefore that the evidence of the obligations arising therefrom may be reported by these carriers.
It also recognizes that any transaction that is authenticated with its Identifiers on the Platform is deemed to be carried out by itself.
Computerised records, kept in FEAZER's computer systems under reasonable security conditions, shall be considered evidence of communications between the Parties.
15.4. Assignment and transmission of the Contract
As this Agreement is concluded intuitu personae, each Party shall prohibit the assigning or transfer in any way of the rights and obligations resulting therefrom without express, prior and written consent of the other.
The Parties expressly agree, however, that FEAZER may freely transfer the Contract, subject to informing the Customer, in the course of any sale of the company or restructuring, such as merger, division, contribution or partial disposal of assets.
15.5. Non-renunciation
Failure by one of the Parties to avail itself of a breach by the other Party of any of the obligations covered by this Agreement shall not be construed for the future as a waiver of the obligation in question.
15.6. Applicable law, litigation and jurisdiction
The Contract is governed by French law even though one of the Parties would be of foreign nationality and/or the Contract would be executed in whole or in part abroad.
In the event of a divergence of interpretation on a translated version, only the French version of these Rules is authentic.
Any dispute or dispute arising out of the validity, interpretation and/or performance of this Agreement shall be referred to a court for an amicable resolution between the Parties.
In the absence of an amicable agreement between the Parties within 60 calendar days of the request for an amicable resolution, the Parties may bring the dispute before the courts.
The Courts of Lyon will have exclusive jurisdiction, even in the case of multiple defendants, interim proceedings or appeal for security.