TERMS &

CONDITIONS –

TERMS OF USE FEAZER

These general terms and conditions of sale and use are those of our company, Feazer,  a simplified joint stock company whose registered office is located at 5 rue Louis Malle in Villeurbanne (69100), registered in the Lyon Trade and Companies Register under number 877 696 120, (hereinafter referred to as “we” or “FEAZER”).

We offer our customers an all-in-one graphic design solution (hereinafter the “Service”) on a subscription basis including : 

– graphic design Services ; 

– access to a dedicated platform in SaaS mode. 

This contract governs the terms and conditions of sale and supply of our Service. It is concluded between FEAZER and any professional wishing to benefit from it (hereinafter the “Customer” or “you“) (together the “Parties“).

1. Definitions

Each capitalized term used in this Agreement and any appendices hereto shall have the meaning set forth in its definition in this section, with identical uncapitalized terms being considered in their ordinary sense.

“Subscription” means the subscription  to which the Customer subscribes in order to benefit from the Service.

Customer” or “you” refers to you when you subscribe to a Subscription to the Service.

Order” means an order placed on the Platform for the completion of a Project.  

“Account” means the personalized space made available to you on the Platform and allowing you to access it using your Credentials.

Contract” means this contract and any appendices thereto.

“Customer Materials” means any information, data, files, documents, models, media or other items belonging to you that you make available to us in connection with a Project so that we may perform the Services. 

Plan” means one of our Subscription plans.

Credentials” means both the login and the password linked to it allowing you to access your Account on the Platform.

“Deliverables” means the graphic productions made by FEAZER within the framework of the Services. 

“Platform” means the platform accessible from our Site on which Customers can place Orders, track their Projects in progress and retrieve their Deliverables. 

Services” means the graphic design services provided by FEAZER to the Customer pursuant to this Agreement. 

Project” means a graphic design/production project ordered through the Platform and resulting in the provision of a Deliverable by FEAZER to Customer. 

“Service” means the global service provided by FEAZER allowing Customer to benefit from the Services and access to the Platform. 

Site” means our website www.feazer.com where our Customers can subscribe to a Subscription to our Service and connect to the Platform.

2. Purpose of the Contract

This Contract is intended to set forth the terms and conditions under which we provide the Service to you.

3. Effective Date – Duration

The Contract comes into force as soon as the Customer accepts it online (by checking the box). 

It is concluded for the duration of the Subscription chosen at the time of the online subscription.

Our Subscriptions are renewable by tacit agreement, for successive periods corresponding to the initial duration chosen, unless terminated by either Party at least 15 calendar days before the renewal date of the Contract sent to the other Party by email or by message on the Platform.

4. Subscription Plan

4.1. Subscription

The use of our Service requires the subscription of one or more Subscriptions by following the online subscription procedure on our Site. 

You can choose the Subscription Plan that suits you directly online. 

Any Subscription Plan gives you the right to access our Platform. 

However, the scope of the Services we are likely to provide varies according to the Plan subscribed to. 

For more information on our Subscription Plan and on the applicable rates, you can consult our Site: https://www.feazer.com/pricing

When you sign up for your Subscription, we may ask you for information that will allow us to process your request and provide you with our Service.

You agree that all registration information you submit will be true, accurate and complete, and will be kept current throughout the term of the Subscription. 

If you provide us with any information that is untrue, inaccurate, not current or incomplete, we may suspend the Service or terminate your Subscription. We also reserve the right to refuse any future use of our Service.

You also declare that your company has a legal status recognized by French law or by the law of the country where your company is domiciled, and acknowledge that failing this, we may terminate the Contract by right. 

4.2. Financial conditions

4.2.1. Prices and payment terms

To benefit from the Service, you must pay the price of the Subscription corresponding to the chosen Plan.

Before we are required to provide the Service, you must pay the Subscription fee (and any applicable taxes) in full, based on the billing frequency for the Plan you selected when you signed up. 

Unless otherwise agreed by us, payment is made by credit card in arrears, in a single payment on the day of subscription to the Service. 

In case of renewal of the Subscription, the payment is made automatically (by direct debit to a bank card) under the same conditions on the day of renewal.

The prices are displayed on the Site. They are denominated in euros and calculated without taxes. They will be increased by VAT and any other applicable taxes, as well as any incidental expenses at your charge.  No discount will be granted for early payment.

Our prices include any discounts and rebates granted.

You represent and warrant that your billing information is accurate, current and that you are authorized to make payment. 

4.2.2. Default of payment

Any failure to pay by the due date shall automatically result in the invoicing of late payment penalties per day of delay equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late payment penalties are payable without the need for a reminder. 

A fixed indemnity for collection costs of 40 euros will also be due by the Customer, by right and without prior notification. An additional indemnity may be claimed, upon proof, when the collection costs incurred are higher than the above-mentioned amount.

Failure to pay or late payment may also result in the total or partial termination of the Service at FEAZER’s discretion.

4.2.3.Refund policy

All amounts due under this Agreement are non-cancelable and non-refundable as a matter of policy, except as specifically provided below. 

Our goal is to provide a quality Service to our customers and to guarantee you a good experience. That’s why we have a 14-day money back policy so you can test our Service without risk.

The period of 14 calendar days starts from the receipt of the first version of the first Deliverable ordered. 

The following are the requirements to benefit from the refund policy: 

1. You must create at least one Project on the Platform. 

2. In case of dissatisfaction when sending the first version of the desired Deliverable, you must give our graphic designers the opportunity to adjust it. 

Eligibility for reimbursement is waived if: 

1. You approve the Project(s). 

2. You have exceeded the 14 calendar day limit from the delivery of the first Deliverable to make your refund request. 

3. You request or download source files. 

Subscription Plans with a firm commitment 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 to guard against abuse. 

If you have any questions or for any refund request, please feel free to send us an email at: contact@Feazer.com. 

4.2.4. Review of rates

We reserve the right to modify our rates with a 15 days notice for the Customers impacted by these rate changes. If you are concerned, we will inform you by email.

You can refuse the proposed new rate by cancelling your Subscription before the end of the notice period by email . 

You acknowledge that the absence of a response from you within this time period will be deemed to be an unconditional acceptance of the new rate, which will be applicable as of the expiration of the notice period.

However, we are not required to inform you of temporary promotions or fee reductions.

5. FEAZER Services

5.1. Services included in our Subscriptions

When you subscribe to a Subscription to our Service, and depending on the Plan you have chosen, here are the Services we are able to provide to you when you ask us: 

  • Web and Social Networks (post, banner, story, slider/carousel etc.) ;
  • Print (flyer, poster, magazine advertisement, business card, etc.) ;
  • Web design (web page design UI, landing page UI) ;
  • Illustrations (custom illustrations) ;
  • Presentation (corporate, commercial, training, pitch deck, white paper etc.);
  • Advanced features (project meetings, video exchange packages, advanced graphic layout);
  • Other (animated GIFs, computer graphics, simple logo editing, clothing and accessories, etc.)

However, we do not provide the following services: 

  • Logo and identity (creation of logo, graphic charter) ;
  • Illustration (handmade illustration, illustration or 3D drawing) ;
  • Web design (mobile application UI design, UX web design, HTML/CSS or any programming language, UX study and design, integration in emailing tools) ;
  • Video (video editing, complex graphic animations, Powerpoint animation) ;
  • Photo (editing and complex photo editing, purchase of photos) ;
  • Writing (creation, input, reconsolidation/reconciliation of texts or data. writing or correction of written content) ;
  • Software (production supports outside the Adobe suite, graphic design in Word, Excel, emailing tools, Figma, Sketch…)

For more details on the Services we provide, you can visit our website: https:https://www.feazer.com/graphic_types/

5.2. How to order the Services

Once you have purchased a Subscription, you may submit as many Project Orders as you wish during the term of that Subscription and up to the limit of that Subscription. 

Any Project Order is made directly on the Platform through your Account by following the procedure provided for this purpose (brief form allowing to describe the Project, to integrate attachments, to define a delivery format etc.). 

From your Account, you have the possibility : 

– to place Project Orders;

– suspend or cancel a Project;

– to revise a Project.

We accept revisions on an unlimited basis. However, you acknowledge that revisions during the course of the Project may have a significant impact on the delivery time of the Deliverables. 

In the case of multiple Orders, we will need to complete the last outstanding Project and it will need to be approved before we can move on to the next one (except for some specific Plans where we can process Orders simultaneously).   

Suspending or cancelling a Project will instantly stop its production and allow our team to move on to the next Project if necessary. 

5.3. Terms and conditions of provision of the Services

We will use our best efforts to perform the Services in accordance with the Orders you place on the Platform. 

We do our best to accommodate all your priorities and deadlines, but we suggest that you do not use our services for urgent projects (delivery within 24 hours). 

As such, you acknowledge that our delivery rate depends on many factors, such as the volume or complexity of requests, or the number of revisions you request. 

We try, as far as possible, to deliver standard/simple orders within 1 to 3 working days. On the other hand, some orders, due to their volume and complexity, may take more than 1 to 3 business days.

Therefore, when we indicate deadlines, these are always provided as an indication. However, we do our best to respect them. 

In any case we will inform you in case of delay in relation to the announced deadlines and will propose you if necessary a new deadline.

We otherwise strive to minimize errors, but you acknowledge that due to the nature of the work and the creative design involved, we cannot guarantee that all Deliverables will be error-free.

When we complete a Project, we make the Deliverables available to you on the Platform. We inform you of this availability by a notification via the Platform.

When we deliver to you, you agree to review and check all Deliverables for any errors or omissions and to notify us if any changes or corrections are necessary within ten (10) days of receipt. 

Otherwise, the delivery shall be deemed to be in conformity and we shall not be obliged to make any revisions after this period. 

5.4. Subcontracting

You expressly authorize us to subcontract all or part of the Services to third party service providers. 

We shall be responsible for the proper performance of the Services entrusted to third party service providers where applicable.

5.5. Customer’s collaboration

You acknowledge that your cooperation is essential to the proper performance of the Services. 

In this regard, you agree to : 

  • to provide us with the Customer Data necessary to perform the Services, when we ask you for it, and more generally, to make available to us any information or document you request insofar as they are necessary to fulfill our contractual obligations.
  • Execute all of your tasks, including the expression of need/briefing;
  • alert us in a timely manner of any event of which you would be aware and which could affect the proper performance of the Services.

We shall not be liable, and you shall not be entitled to terminate the Agreement early, for any failure by us to perform as a result of your failure to cooperate. 

6. Dispositions governing access to 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, non-transferable for the duration and within the limit of the Subscription subscribed.

These rights are granted only for your internal needs directly related to your activity.

Customer’s employees are authorized to use the Platform. The Customer may create user accounts for these employees, allowing them to have personalized access to the Platform. When this is the case, the employee user has his own Credentials which are and must remain confidential in accordance with article 6.3 below.

Customer is solely responsible for its own actions and those of its agents on the Platform and the manner in which it is used. 

6.2. How to access

Access to the Platform is through the Internet, and in particular through our Site. 

The Customer accesses it from his own computer environment. The Customer shall be responsible for the acquisition, installation, maintenance and connection of the various elements of the configuration and telecommunication means necessary for access to the Platform, at its own exclusive expense.

6.3. Credentials

You access the Platform through Credentials, which are provided to you at the time of registration. You agree to keep your Credentials confidential and shall be responsible for all uses of your account and password. 

You shall notify us immediately of any use or suspected unauthorized use of your Credentials.

6.4. Rules of use and prohibited behaviors

You agree to use the Platform: 

– in a normal, non-fraudulent manner;

– in accordance with the provisions of this Agreement and any rules of use made available by FEAZER, including by way of posting, publication, or notification on the Platform;

– in compliance with the rights of third parties and FEAZER and any applicable regulations.

In particular, you will not:

-distribute, disclose to the public, copy, reproduce, modify, create derivative works, disassemble, decompile, including by reverse engineering, any content or element of the Platform without the express prior written consent of FEAZER or, where applicable, that of the third parties concerned;

-publish false, erroneous, misleading, illicit or contrary to public order and morality content or links to content with these characteristics through the Platform; 

transfer your Credentials to a third party or, more generally, make the Platform available to unauthorized third parties by any means whatsoever without FEAZER’s express, prior written consent ;

– disrupt or attempt to disrupt the proper functioning of the Platform or the activities taking place on it; 

– introduce viruses or other technologies that may harm FEAZER or the interests of third parties;

-circumventing robot exclusion protocols or any other measures used to prevent or limit access to the Platform;

-to conduct data mining without FEAZER’s express prior written consent;

– use bots, spiders, scrapers or any other automated process to access the Platform for any purpose without FEAZER’s express prior written consent.

You are responsible for ensuring that your employees comply with all of these obligations when using the Platform. You may be held liable for any breach by any of your employees of any of these obligations. 

7. Availability – Maintenance

7.1. Availability

The Platform is not hosted by FEAZER but by a third party provider, a professional host specially chosen for its know-how, its reputation and its commitment to data security.

We remain free to use any other service provider of our choice at any time without this being considered as a modification of the conditions of execution of the Contract, insofar as this does not generate any degradation of the Platform.

FEAZER shall strive to achieve a Platform availability of 98%.

7.2. Corrective maintenance

We ensure the corrective maintenance of the Platform within the framework of an obligation of means.

In this context, we may have to carry out occasional interventions, scheduled or not, on the Platform to ensure its proper functioning.

You agree not to intervene directly or through a third party on the Platform in any way and for any reason whatsoever, including to correct possible malfunctions, and to contact FEAZER’s technical support in this case.

You can report any malfunction of the Platform to our technical support via the following email: contact@feazer.com 

Our technical support operates from Monday to Friday from 10 am to 5 pm, excluding holidays.

FEAZER undertakes in any event to make its best efforts to resolve malfunctions on the Platform as soon as possible. 

The Platform may occasionally be suspended, interrupted or slowed down, in whole or in part, for any reason beyond FEAZER’s control, in particular in the event of regional or global saturation of the Internet network, in the event of ongoing maintenance operations, or in the event of an emergency situation or imminent danger to the security of the Platform (in particular, suspicious use), or for the preservation of the confidentiality and availability of the data hosted on it, without prior notice and at any time. 

FEAZER shall inform Customer of any suspension or interruption of the Platform and shall endeavor to make it available again as soon as possible.

FEAZER shall not be held responsible in case of unavailability or malfunction in the following cases: 

– Customer’s refusal to cooperate with FEAZER in resolving the malfunction and, in particular, to respond to any questions or requests for information ;

– use of the Platform not in accordance with its purpose or documentation by the Customer;

– unauthorized intervention on the Platform by the Customer or a third party;

– use of any hardware, browser, software package, software or operating system that is outdated 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 make changes to the Platform without prior notice to you as long as it does not degrade the Service.

In particular, we will make our Platform evolve to adapt to the evolution of technologies and standards used on the Internet network. These changes may require you to update your browser. 

In the event of refusal to carry out these updates, we cannot be held responsible for any malfunctioning of the Platform and/or any partial or total impossibility of accessing it.

9. Intellectual Property

9.1. FEAZER intellectual property

FEAZER is and remains the owner of all the intellectual property rights relating to the Platform and the elements that make it up, as well as all the related know-how.  

Neither this Agreement nor access to the Platform confers any rights whatsoever on the Customer in respect of the Platform or the elements comprising it, with the exception of the right of access and use provided for in Article 6.1.

Any use or exploitation of the Platform or of any of its elements in contravention of these terms and conditions may give rise to the exercise of any appropriate action at the initiative of FEAZER, in particular to the exercise of an action for infringement or unfair competition.

This Agreement does not in any way authorize the Customer to use the trademarks, corporate names, trade names, brand names, domain names and other distinctive signs identifying FEAZER or the Platform in any capacity whatsoever.

FEAZER warrants that it owns the copyright in the elements of the Platform of which it is the creator and that it holds, more generally, the rights necessary to grant 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 grant the Customer any other guarantee than the one resulting from its personal act or from the material existence of the Platform.

9.2. Customer’s intellectual property

9.2.1. Ownership of Deliverables

You will be the sole and exclusive owner of all right, title and interest in the Deliverables, including all intellectual property rights therein. 

As such, we assign to you on an exclusive basis all copyrights that may relate to the Deliverables that we produce for you as part of the Services. 

We assign to you the rights of reproduction, representation and adaptation of the Deliverables, on an exclusive basis, for the whole world, for the legal duration of protection recognized by the copyright, and for all purposes.

We guarantee that we are the owner of the copyright on the elements that we transfer to you and, more generally, that we hold the necessary rights to grant this transfer without infringing the rights of third parties. 

Also, we guarantee you the full and peaceful enjoyment of the assigned rights as well against our own act as against all disorders, actions, claims or evictions from third parties, such as in particular any action for infringement. 

In the event of third party action, we will only be liable for any damages that may be awarded against you by a final court decision, up to the limit of liability set forth in Article 15.1.

You authorize us to use the Deliverables we have produced for you for the purpose 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 Items

The Customer Materials are and remain your sole property. 

By communicating them to us via the Platform or by email, you expressly authorize us to use them for the exclusive purpose of performing the Services, and more generally, of providing our Service.

You warrant to us that you have all necessary rights to allow us to use your Customer Materials for the purposes stated above. 

You warrant to us in this regard against any action or claims by third parties relating to the Customer Materials. You further warrant that the Customer Materials do not infringe any applicable law or third party rights, including but not limited to laws relating to infringement or unfair competition.

At our sole discretion and without limitation, notice or liability, we may remove from the Platform or disable any Customer Materials, which are no longer necessary for the conduct of the Project for which they were made available to FEAZER, which are excessive in size or which are in any way burdensome to our computer systems.

9.2.3.Brands and distinctive signs of the Customer

You hereby authorize us to use your trademarks and other distinctive signs identifying you (trade names, brand names, domain names or others) exclusively in connection with the provision of the Services, and in particular for the purpose of reproduction on the Deliverables when necessary or requested. 

This authorization is granted for the term of the Agreement only, on a non-exclusive, non-transferable basis and without the right to sublicense.  

Any other use of your trademarks and/or distinctive signs is expressly prohibited.

You also authorize us to use your trademarks and other distinctive signs identifying you for the purpose of promoting and advertising our Service to the public on all communication media, including its websites and / or social networks.

You remain in any case the owner of all intellectual property rights on your trademarks and other distinctive signs that you make available to us and whose use you authorize by this Agreement or by specific authorization. 

10. Processing of personal data

We undertake to comply with the legal obligations incumbent upon us in respect of 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 process personal data about you as part of the management of the commercial relationship with you and the provision of our Service, in our capacity as data controller within the meaning of the GDPR.

Information about this processing is contained in our privacy policy available on our Site under the following link: [Link to be integrated]. 

11. Privacy Policy

 All communications between you and us are kept confidential. We will not disclose your private information or your Project information to any third party except to our network of graphic designers and vendor partners.

12. Termination – Exception of non-performance

12.1. Termination for default

In the event of a serious breach or repeated breaches of one or more obligations of the Contract or in the event 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 performance of its obligations. 

In this respect, we may, in the event of misconduct on your part or on the part of one of your employees using the Platform, at our sole discretion, restrict or suspend, in whole or in part, access to our Platform. 

– or notify the other Party of the termination of the Contract for fault by registered letter with acknowledgement of receipt;

Termination for default shall be effective within one (1) month from receipt of the notice sent to the defaulting Party or, in the absence of receipt, from the date of first presentation of the letter, provided that the defaulting Party has not remedied the situation within this period. 

12.2. Effects of termination

In the event of termination for fault on your part, you will be liable for payment of the Subscription in full. As such:

– all sums remaining due to FEAZER for the provision of the Service shall become immediately payable, namely the full amount of the Subscription subscribed until the end of the current contractual period, and all incidental charges;

– FEAZER will retain any amounts already paid by the Customer;

– Projects in progress will be terminated at the time of termination, without any obligation to deliver on our part.

In the event of termination for fault on our part : 

– you will only be liable to us for payment of 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 limit of the duration of the Subscription initially provided.

After termination for any reason: 

– we will keep your Login and Account active so that you can access and retrieve 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 Data in our possession to you, if you request it within fifteen (15) days of termination. You may be charged for transfer operations depending on their complexity. If you do not request the return of the Customer Materials within this time period, we may, without fault, delete, erase or destroy the Customer Materials remaining in our possession. 

13. Responsibility

13.1. The general liability limitation

The Parties agree that FEAZER is subject to an obligation of means in providing the Service.

FEAZER may only be held liable for foreseeable damage which it caused directly, to the exclusion of any indirect damage, material or immaterial damage, whether consecutive or not, any operating loss, production loss, loss of profit, loss of contract, loss of image, immobilization of personnel or equipment, and this without any joint and several liability with third parties having contributed to the damage. 

In any event, in the event that FEAZER is held liable in any respect whatsoever, the total amount of compensation that FEAZER may be required to pay to the Customer shall not exceed, all sums and all damages combined, the amount, exclusive of tax, of one (1) year’s Subscription under the terms and conditions of the Contract, whatever the legal basis of the claim and the procedure used to bring it to a conclusion.

No claim and/or action by the Customer, for whatever reason, may be made and/or brought against FEAZER after a period of twelve (12) months following the occurrence of the event on which it is based. 

13.2. Specific cases of limitation of liability

Customer acknowledges that the limitations of liability set forth below operate as a reasonable allocation of risk and liability between the Parties in the context and under the terms of this Agreement. 

In particular, FEAZER’s liability, on whatever grounds, is expressly excluded for any damage:

– resulting from a breach by Customer of any of the obligations contained in Section 6.4 hereof;

– resulting from a security flaw (hardware or software) in the connection terminal (computer, cell phone, tablet etc.) with which the Platform is used;

– suffered by the technical environment of the Customer or one of his employees and in particular, his computers, software, network equipment (modems, telephones…) 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 regional or global saturation of the Internet network, or at the level of the hosting provider’s server center, or due to maintenance operations carried out by FEAZER; 

– resulting from modification, intrusion, alteration, unavailability of the Platform operated by a third party (person, virus, etc.); 

– resulting from errors made by the Customer in the use of the Platform or from any non-conforming use of the Platform;

– resulting from any content or data uploaded by the Customer or a Collaborator through the Platform. 

14. Force majeure

Neither Party shall be liable to the other for any breach of its obligations if the performance of the Contract is delayed or prevented due to force majeure as defined in Article 1218 of the Civil Code and the case law of the French Supreme Court.

The Parties agree in particular that the following events, without this list being limitative, shall be qualified as force majeure: acts of war, acts of terrorism, riots, labor disputes, external strikes, lock-outs, natural or sanitary disasters, fire, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental and judicial authorities not attributable to a fault of the defaulting Party, absence of energy supply, partial or total shutdown of the Internet or of all communication networks. 

The Party affected by a case of force majeure shall immediately inform the other Party by the means it deems appropriate, confirmed by registered letter with acknowledgement of receipt, justifying the exceptional circumstances that make it impossible to perform its contractual obligations, and producing all useful justifications.

In any event, the Party affected by the force majeure event shall make its best efforts to limit its duration and consequences.

In the event that the event giving rise to the case 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 otherwise expressly agreed by the Parties .

15. General Stipulations

15.1. Modification of the Contract

We will notify 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 Agreement will be deemed accepted. 

15.2. Title and independence of clauses

In the event of any discrepancy or inconsistency between any of the headings appearing at the head of the clauses of this Agreement and the provisions contained therein, the headings shall be declared non-existent.

If one or more of the terms or provisions of this Agreement are held to be invalid or declared as such pursuant to law, regulation or a final decision of a court of competent jurisdiction, the remaining terms and provisions shall retain their full force and validity and the Parties shall negotiate in good faith provisions equivalent to the invalidated provisions.

15.3. Evidence agreement

The Parties acknowledge the evidential value of the computerized data exchanged between them via the Platform. 

The Customer expressly acknowledges i) the contractual value and validity of any acceptance made from the Platform, once connected by means of its Credentials; ii) that the Platform’s connection logs are authentic between the Parties; iii) that the written document on electronic media has the same evidential value as the written document on paper. 

Consequently, the Customer acknowledges and expressly accepts that the Contract and all other contractual commitments between the Parties may be drawn up and kept on any durable medium, and therefore that proof of the obligations arising therefrom may be provided by such media.

He also acknowledges that any operation carried out after having authenticated himself with his Credentials on the Platform is deemed to have been carried out by him. 

The computerized registers, kept in FEAZER’s computer systems under reasonable security conditions, are considered as proof of the communications between the Parties.

15.4. Assignment and transfer of the Contract

As this Contract is concluded intuitu personae, each Party shall refrain from assigning or transferring, in any manner whatsoever, the rights and obligations arising therefrom, without the express, prior and written consent of the other. 

However, the Parties expressly agree that FEAZER shall be free to transfer the Contract, subject to informing the Customer, in the event of any sale of the company or restructuring operation, such as a merger, demerger, contribution or partial sale of assets.

15.5. Non-waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations under this Agreement shall not be construed as a waiver of the obligation in question for the future.

15.6. Applicable law, disputes and jurisdiction

The Contract shall be governed by French law even if one of the Parties is of foreign nationality and/or the Contract is executed in whole or in part abroad.

In the event of any discrepancy in the interpretation of a translated version, only the French version of these terms and conditions shall prevail.

Any dispute or litigation arising from the validity, interpretation and/or performance of this Agreement shall be subject to a request for an attempt at amicable resolution between the Parties prior to referral to a court.

If the Parties fail to reach an amicable agreement within 60 calendar days of the request for an attempt at amicable resolution, the Parties may bring the dispute before the courts.

The Courts of Lyon shall have exclusive jurisdiction, even in the event of multiple defendants, summary proceedings or warranty claims.