Terms of Sales
Article 1 – Object
– These general terms of conditions of sale (hereinafter the “GTC”) are intended to govern all contractual relations between the company idFuse and its customers, hereinafter referred to as “Customer (s)”, related to the use of his service Id Fuse.
The GTC are applicable from their communication, they cancel and replace those previously published.
Article 2 – Application of the GTC – Enforceability
– The GTC are given or sent to each Customer on request, and in any event accessible before the contract is concluded.
idFuse is particularly attached to good faith and loyalty in its relations with its Customers.
Any order implies acceptance of the GTC by the Customer. They take precedence over the terms of purchase, unless formalized in writing by idFuse. Any deviation from the T & Cs will therefore, in the absence of formal written acceptance, be unenforceable against idFuse, regardless of when it may have been brought to its attention.
The GTC replace any offer, declaration, promise, previous negotiation between the parties.
Article 3 – Formation of the contract
– The contract is concluded directly with idFuse. Access to the Id Fuse service is reserved for legal persons.
– To subscribe to the Id Fuse service and in order to have access to it, the Customer must register online. He undertakes to complete all the input fields appearing in the online order form available on the website accessible at www.id Fuse.fr.
– The Customer must prove his identity and address by producing legal documents
Once the fields identified as mandatory have been completed, an account will be opened in the name of the Customer, accessible via the username and password that the latter will have chosen, according to the security criteria set up by idFuse. The Customer will then be able to connect to his account and choose his address credit or online subscription formula. The Customer will be able to use the idFuse service upon validation of the registration and payment of the amount corresponding to the offer he has chosen.
– idFuse reserves the right not to register a subscription or address credit request from a legal person not agreeing to comply with the T & Cs.
– The Customer acknowledges idFuse’s right to invoice any additional service requested in accordance with the pricing terms in force.
– Subscription prices are likely to vary depending on changes in economic circumstances and the services offered. The prices appear on the price sheet available on the site www.idfuse.fr All price increases will be notified to the Customer before they are applied.
Article 4 – Duration
– By these T & Cs, the Customer is granted the right to use the idFuse services for sending emails in accordance with the chosen formula:
– in the event of an address credit order, the contract is in force until the said credit is exhausted, the latter must in any event be used within a maximum period of 2 years from the date of order, otherwise the remaining credit will be lost
– in the event of a subscription, it is concluded for a period of one year, renewable by tacit agreement unless terminated by one of the parties 15 days before the expiry date.
If the Customer wishes to switch from a subscription plan to an address credit plan, or vice versa, he will only be able to do so once the initially chosen plan has expired.
Article 5 – Effective date
– As soon as the e-mail notification of its connection parameters is made to the Customer, the idFuse service is deemed to have implemented and controlled the operation of the customer account.
Article 6 – Obligation of idFuse towards the Client
– idFuse undertakes to set up and maintain an online assistance service (by email, phone or chat) reserved for Customers, accessible from Monday to Friday, from 9 a.m. to 6 p.m., except on public holidays and periods of vacation.
– The services set up by idFuse and which may be billed to Customers are defined in the price sheet appearing on the site www.idfuse.fr and given to the Customer at the time of subscription and remaining available to him.
– idFuse undertakes, except in the event of disruptions inherent to service providers or external suppliers, to do its utmost to provide Customers with a right to access and use the idFuse service. It is understood that idFuse can in no way be held responsible for a malfunction of the Internet network for any duration and whatever the reason and nature. Any damage resulting from loss of data or interruption of service is not the responsibility of idFuse.
– Except in cases of force majeure, idFuse undertakes to restore the service within 6 a.m. in the event of a malfunction, from Monday to Friday from 6 a.m. to 9 p.m. The availability rate for the last 12 months is 99.996%.
Article 7 – Obligations of the Client
– The Customer is responsible for paying all sums invoiced in accordance with his order, as confirmed by idFuse. He agrees to comply with the payment terms defined in Article 10.
– The Customer is required to notify idFuse of any change of address within 48 hours by e-mail with acknowledgment of receipt.
– The Customer undertakes to respect all intellectual and industrial property rights of which idFuse is the holder. Under no circumstances may the Customer use the name and software owned by idFuse for use outside the framework of the T & Cs.
– The Customer undertakes to complete all the input fields intended to identify him, and to provide a liaison e-mail address, all of this information must be valid and accurate.
Article 8 – Confidentiality
– idFuse undertakes not to disclose any data relating to the audience measurement carried out by the idFuse service on the Customer’s website. These will remain strictly confidential and cannot be communicated to anyone in any way.
– In general, idFuse undertakes to make its best efforts to ensure the confidentiality and security of the data transmitted to it by the Customer. To this end, the Customer, in his capacity as person in charge of processing personal data within the meaning of the Data Protection Act n ° 78-17 as amended, must transmit his contact files exclusively in the format specified by idFuse. Any transmission of data by other means releases idFuse from any liability in the event of a breach of the transferred data or a security breach subsequently observed.
Article 9 – Invoicing
– By accepting these T & Cs, the Customer agrees to receive invoices by email.
Unless otherwise agreed between the parties, invoice payments will be made by check, bank transfer or credit card, within 10 days from the date of receipt of the electronic invoice.
– Any possible complaint must be made to idFuse within 8 days of the date of electronic receipt. Said invoice is deemed to be definitively accepted by the Customer in principle and in amount. The dispute raised by the Customer against the invoice can in no way exempt him from payment.
– In the event of late payment or, in the event that a payment voucher issued for the benefit of idFuse is not honored, the Customer irrevocably accepts the suspension of the services distributed by idFuse under the conditions of Article 13.
Article 10 – Suspension / Interruption of services
– Each of the parties reserves the right to terminate the contract which binds them, under the conditions of article 13, if the other party does not respect one of its essential obligations provided for in articles 6, 7 and 9 of the GTC .
– In the event of a failure incumbent on the Customer, the latter authorizes idFuse to immediately suspend the services. The Customer remains liable for payment obligations.
– The idFuse service may be interrupted in cases of force majeure referred to in article 11 of this contract, idFuse cannot be held responsible.
Article 11 – Liability of idFuse
– In the event of a disruption of the idFuse service. IdFuse cannot be held liable in the event of a temporary failure of the system, degrading the quality of the service or in the event of said service being interrupted, in particular for maintenance work, reinforcement, extension of the installations.
– The responsibility of idFuse can not, moreover, be engaged: in the event of misuse by the Customer of the services of idFuse.
– Any direct or indirect damage, material or immaterial, suffered in the context of the use of idFuse services, resulting for example from loss of customers, turnover and more generally any other loss or damage, whatever or nature, may not give rise to any compensation, in particular financial, from idFuse once it has complied with its obligations referred to in article 6.
– The liability of idFuse is in any event limited to the amount paid by the Customer for services performed in the year preceding the occurrence of the damage.
Article 12 – Force majeure
The idFuse service may be interrupted in the event of force majeure. There is force majeure when an event is beyond the control of the parties, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, so that the debtor is prevented from ” perform its obligation. In such a case, the party directly concerned by the impediment of performance of its obligations is required to notify the other party immediately in writing and undertakes to provide, within a period which may not exceed 10 days from the date of notification, proof of force majeure. If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. In the event of definitive impediment, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
Article 13 – End of contract / Termination
– The contract ends as soon as the address credits subscribed by the Customer are exhausted, or in the event of termination of the subscription.
– The contract can be terminated by idFuse, at any time and with a notice of 15 days, without the Customer being able to claim any compensation, in the following cases:
– Customer’s breach of one of his contractual obligations defined in Article 7,
– non-payment by the Customer of the sums due to idFuse (after formal notice remained ineffective),
– closing of the service by idFuse,
– force majeure referred to in Article 10;
– non-compliance with the Data Protection Act, in particular the obligations set out in Article 14.
idFuse will close the Customer’s account within 8 days of the expiration or termination of the contract.
– Termination will result in the obligation for idFuse (a) to delete all data transmitted by the Customer within one month of termination; (b) to return them in an RDBMS compatible format to the Customer upon request, said request must imperatively be made within the same period of one month. Failing to have requested the return of the data within the aforementioned period, ID NOVA will be unable to return them, insofar as it will have carried out their deletion. The return can only be made to the Customer after full payment of the invoices.
Article 14 – Right of communication and rectification
In accordance with the French Data Protection Act No. 78-17 of January 7, 1978, as amended, the Customer has a right of access, opposition and rectification of personal information concerning him. Any request should be sent to idFuse’s head office by letter, to the following address: 9 rue Sidi Brahim – 38100 Grenoble or by email at firstname.lastname@example.org
Article 15 – Right of quotation
The Customer authorizes idFuse to mention its name and use its logo for reference (in particular by inserting a link on the idFuse site (s) to the Customer’s site).
Article 16 – Subcontracting of personal data transmitted by the Customer
idFuse informs the Customer that it has carried out the formalities imposed by the Data Protection Act n ° 78-17 of January 7, 1978, as amended, and implemented measures to comply with the provisions of the European Union Regulation on the Personal Data Protection No. 2016/679 (“RGPD”) applicable from May 25, 2018.
idFuse reminds the Customer that he must for his part make all the necessary declarations with regard to this law, and from May 25, 2018 comply with the provisions of the GDPR, in order to guarantee the legality and loyalty of the files transmitted for the performance of services.
In this regard, the Customer, in his capacity as data controller, undertakes to:
Specify the origin of the contact lists, the purchased, shared or marketed lists being systematically refused by idFuse;
Have obtained the express consent of the contacts present in the file transmitted to receive mailings. Otherwise, idFuse reserves the right to suspend shipments;
Only transmit to idFuse the personal data strictly necessary for the performance of services by idFuse;
Comply with applicable laws and regulations, including, but not limited to, applicable laws on the protection of personal data.
Systematically include an effective unsubscribe link in mailings, ensuring that the email of the person clicking on this link is deleted from the contact list within 48 hours.
Systematically include in mailings a valid email address and email address, as well as the mandatory information with regard to the Data Protection Act and / or the GDPR.
The Client, in his capacity as data controller, remains solely responsible for the possibility for the persons concerned to exercise their individual rights effectively: right of access, rectification, opposition, erasure, right to limit the processing, right to data portability, right not to be the subject of an individual automated decision.
idFuse and the Customer undertake to put in place and maintain at all times sufficient guarantees to preserve the confidentiality and security of the data and, in particular, to prevent them from being distorted, damaged, or that unauthorized third parties have access to them. . To this end, idFuse implements measures to control access to processing and to secure data communications by the Customer, such as the use of password procedures. These measurements are sent to the Customer on request.
idFuse will notify the Customer, without delay after becoming aware of it, of any personal data breach by email to the address provided by the Customer during registration. This notification is accompanied by any useful documentation to allow the Customer, if necessary, to notify this violation to the competent supervisory authority.
idFuse undertakes not to use another subcontractor without the express prior consent of the Customer. The Customer is informed that the data transmitted to idFuse:
are hosted by OVH on servers located in France
are hosted by Net4all on servers located in Switzerland,
for email addresses, can be submitted to Kickbox for validity – addresses are encrypted by Kickbox and deleted after 90 days.
idFuse can in no way be held responsible for violations of the Data Protection Act and / or the GDPR by the Customer.
Article 17 – Attribution of jurisdiction
Any question relating to the GTC and the provision of the Services they govern, which is not addressed by these contractual provisions, will be governed by French law.
Any dispute arising from the formation, interpretation, execution or termination of these T & Cs for any reason whatsoever will be the subject of an attempt at conciliation.
In the absence of an amicable settlement at the expiration of a period of ten (10) days from the written request of the most diligent party, the dispute will be submitted to mediation between the parties. This procedure is confidential. The mediation will be implemented before a single mediator belonging to the Mediation Center of the CCI of Grenoble. The parties will submit to the rules of this mediation center, which will appoint the mediator who will organize the mediation. The mediation attempt must be made in good faith and the parties agree, in this spirit, to meet at least once under the aegis of the mediator. Unless the parties agree otherwise, the mediation cannot be extended beyond a period of 2 (two) months from the referral to the mediator. The costs and fees of the mediation will be borne in half by each of the parties. Each party will bear the costs and fees of any counsel appointed by them within the framework of the mediation.
In the event that mediation fails, each party will regain its freedom to appeal to the Grenoble Commercial Court to which the parties entrust exclusive jurisdiction.
The foregoing stipulations shall not, however, prevent the parties from taking, before any competent court, any precautionary or provisional measures necessary for the preservation of their reciprocal interests.