Starting date: 1. Object
General Terms and Conditions Viibe
The viibe.co platform (henceforth: the “Solution”) offers a software-as-a-service (SaaS) solution for companies with technical support centers (henceforth: the “Clients”) wishing to improve their after-sales service. Viibe also provides services related to this Solution (henceforth: the “Services”).
The Clients use the Solution to communicate with their end customers by means of tele-assistance by videoconference in order to resolve a technical problem.
The purpose of these general terms and conditions is to define the terms and conditions of use of the Solution and the Services as well as to define the rights and obligations of the parties in this context.
They constitute, together with the Quote(s), once issued, an inseparable whole contract (henceforth: the “Contract”). In the event of contradiction, the provisions of the Quote(s) shall prevail over these general terms and conditions. In the event of contradiction between different Quotes, the most recent document shall prevail over the oldest.
The Contract shall prevail over any other general or special conditions not expressly approved by Viibe.
2. Use of the Solution and the Services, Contact
The Solution and the Services are operated by Viibe, a simplified joint stock company registered in the Paris Trade and Companies Register under no. 825 180 300, whose registered office is located at 44 rue Oberkampf 75011 PARIS (henceforth: “Viibe”).
Viibe can be contacted at the following address and phone number:
Postal address: 44 rue Oberkampf 75011 PARIS Phone: +33 1 86 76 14 46
E-mail address : email@example.com
3. Access to the Solution and the Services:
The Solution and the Services are accessible:
- – To any natural person with full legal capacity to commit under these terms and conditions. A natural person who does not have full legal capacity can only access the Solution and Services with the agreement of his or her legal representative.
- – To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
4. Solution and Services reserved for professionals
The Solution and Services are designed for and intended for professional use and are therefore exclusively intended for professionals in the context of their activity.
5. Request for the Solution and acceptance of the General Terms and Conditions
Prior to any use of the Solution and Services, it is the Client’s responsibility to provide Viibe with the useful information and documents to enable Viibe to identify its needs and expectations. On this basis, Viibe will establish one or more Quotes (henceforth the “Quote”). The Quote will indicate the chosen offer and the price.
Unless otherwise stated, the Quotes issued by Viibe are valid for 1 (one) month from their issuance. If they are not validated by the Client within this period, they will become null and void. The Client who wishes to order the Solution and the Services must validate the corresponding Quote within the above time limit, by any useful written means and in particular by email. This validation may be followed, where applicable, by the issue of a purchase order by the Client, such purchase order being however without impact on the Contract as defined above.
Any validation of a Quote, whether express or implicit, implies full and complete acceptance of these general terms and conditions, in their version in force on the date of the Quote concerned. Any conditional acceptance is considered null and void. The Client who does not agree to be bound by these general terms and conditions shall not access the Solution or order Services from Viibe.
In the event of a modification of the initial offer or Services or a new order, a new Quote will be established. The provisions of this new Quote shall prevail over those of the old one. In the absence of any indication in the new Quote, the commitment periods remain identical to the first Quote.
6. Description of the Solution and the Services
6.1. Setting up the Solution
Viibe will also create the Client-specific sub-domain, which will be described in the Quotation and through which the Solution will be made available (henceforth: the “Site”) in “Software-as-a-Service” (SaaS) mode.
The Client shall proceed with the configuration of the Solution, understood as its customization and the implementation of the functionalities it has chosen and which will be described in the Quote.
The Client shall ensure operational access to the Solution and shall validate this access within 1 (one) week of its availability by Viibe.
6.2. Selection of the users and access to the Solution
Viibe opens an account in the Client’s name, which allows it to manage its use of the Services via the Solution (henceforth: the “Client Account”). It is the Client’s responsibility to select the users having access to the Solution (henceforth: the “Users”) and to determine the nature of the accesses given to them, and it is also the Client’s responsibility to send the connection link to the Solution giving them access to the account opened in the name of each of them (henceforth: the “User Accounts”).
The Client is responsible for maintaining the confidentiality of its Login name and/or the password it will have selected to access the Client Account and the maintenance, by the Users, of the confidentiality of their Login names and/or Passwords. In case of loss of the password by the Client or User, the Client commits to informing Viibe who will block access to the Client Account or the User Account.
The Client undertakes to ensure that Users do not allow any third party to use their login identifiers and/or passwords in their place or on their behalf, unless they bear full responsibility for this.
The Client undertakes to contact Viibe without delay, by any useful written means and notably by email, if it appears that the Client Account or a User Account has been used without his or her knowledge or without the knowledge of a User. It acknowledges Viibe’s right to take all appropriate measures in such a case.
6.3. Licence to use the Solution
6.3.1. Scope of the licence
Viibe grants to the Client, for the entire world and for the duration stipulated in the article “Duration”, a non-exclusive, personal and non-transferable license to use the Solution,
in its version existing at the date hereof, as well as its technical documentation, in SaaS mode, for the sole purpose of using the Solution and providing the Services and for the sole Users that the Client will have previously authorized to use the Solution.
Any request from the Client to modify the configuration of the Solution and/or add new Services and/or functionalities will launch a new Quote, as is described in the article “Request for the Solution and acceptance of the General Terms and Conditions”
6.3.2. Terms of Service of the Solution
The aforementioned license is allowed to the ends of allowing the Client to use the Solution, in accordance with the terms presented to the present and in the Quote, for its own needs and for the only Users.
The Client is strictly prohibited, on its behalf and on behalf of its Users to:
- – Reproduce, arrange, adapt all or a part of the Solution,
- – Proceed to any kind of commercial exploitation of the Solution with third parties,
- – Give, provide, lend, rent the Solution, or give sub-licences or other usage rights, or more generally, communicate to a third party or an affiliated company all or a part of the Solution,
- – Integrate all or part of the Solution into any computer system or any other software solution other than those provided for under this contract,
- – Proceed with the remote transmission of the Solution, its networking, particularly on the Internet, outside the Site, or its distribution in any other form, without prior written authorization from Viibe.
The right of use is only granted to the Client subject to the effective full payment of the prices agreed upon in the “Financial Conditions” article herein.
6.4. Support and maintenance
6.4.1. Corrective maintenance
The purpose of corrective maintenance is to correct, during the term of the Contract, the anomalies noted on the Solution, understood as a bug or malfunction thereof (henceforth: the “Anomalies”).
The Client may report any Anomalies to Viibe by email at the following contact address: (to be completed) making every effort to provide as much information as possible, in particular describing the difficulties encountered and the circumstances in which they occurred, in order to allow Viibe to understand the nature of the incident. Receipt of this notification is equivalent to reporting an Anomaly.
Viibe will then proceed with the diagnosis of the Anomaly, by verifying in particular whether it is caused by the Solution. Viibe will inform the Client by email of the results of this diagnosis within 4 (four) working days following the report of the Anomaly.
If it turns out that the Anomaly is caused by the Solution, Viibe commits itself to deploy the necessary means to correct it as soon as possible.
Viibe will also proceed to the correction of the Anomalies that it will have detected, or that the Client will have reported to it, in order to ensure the quality of the Services and of the Solution.
6.4.2. Ongoing maintenance
Viibe commits to providing the Client, during the duration of its Subscription as defined in the article “Duration of the Subscription”, with the evolutions and updates of the Solution, the nature and regularity of which will be left to the free discretion of Viibe.
Aside from any Anomalies and for any question related to the use of the Solution, Viibe ensures a technical support service, consisting in assistance and advice.
The technical support team is accessible by email at firstname.lastname@example.org , by the Site chat or by the chat accessible on the companyname.viibe.pro/tutorial site from Monday to Friday, excluding public holidays, from 9 am to 6 pm.
Depending on the needs identified, Viibe will estimate the delay and nature of its response and will keep the Client informed.
6.6. Hosting of the Solution
Viibe commits to ensure, under the terms of an obligation of means, the hosting of the Solution, as well as of the data produced, entered and exchanged between the Client, the Users and the final customers, in accordance with the practices of the profession and the state of the art, on its servers or through a professional hosting provider, exercising its activity in accordance with the practices of the profession and the state of the art.
In the event of a change in the hosting provider, Viibe commits to notifying the Client as soon as possible, by any useful written means.
Within the framework of this Hosting Service, Viibe undertakes to provide the Client with sufficient storage and processing capacities for the exploitation of the Solution.
Viibe commits to implementing all technical means, in accordance with the state of the art, necessary to ensure the security and access to the Solution and Services, relating to the protection and monitoring of infrastructures, the control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from any malicious acts.
Viibe is committed to making its best efforts to ensure the permanence, continuity and quality of access to the Solution and Services, as well as the exploitation of the Solution.
Given the complexity of the Internet, the unequal capacities of the various sub-networks, the affluence at certain hours of the Users of the Solution, the various bottlenecks over which Viibe has no control, Viibe’s responsibility will be limited to the operation of its servers, the external limits of which are constituted by the access points.
Viibe cannot be held responsible for (i) access speeds to the Client’s servers, (ii) external slowdowns to the Client’s servers, and (iii) poor transmissions due to a failure or malfunction of the Client’s networks.
If necessary, Viibe may restrict or suspend access to the Solution and Services in order to carry out any maintenance operation on the Solution and the Services. In such a case, Viibe commits itself to inform the Client in writing of such maintenance operations, at least 2 (two) days prior to their execution. These maintenance operations will be carried out on specific days and times, on which Viibe and the Client will have agreed.
Viibe’s responsibility cannot be engaged in case of loss of data or information during maintenance and/or evolution operations, except in the case of proven faults directly and strictly attributable to Viibe. In case of hardware and/or software failure of its equipment, Viibe commits itself to implement all necessary means to restore access to the Solution and Services as soon as possible and at its own expense.
The Client acknowledges and accepts that the provisions of this article do not cover any breakdown or interruption of the Solution caused by the Client’s and/or Users’ telecom operators or internet service providers.
6.8. Other Service
Viibe retains the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to render said Services.
The Solution and the Services are accessible in the form of a subscription (henceforth: “the Subscription”).
The Subscription begins on the date of signature of the Quote, as set forth in the article “Financial Conditions”, for the duration subscribed to by the Client (henceforth: the “Initial Period”).
At the end of the Initial Period, the Subscription is tacitly renewed, unless Viibe or the Client gives notice of termination to Viibe or the Client no later than 1 (one) month before the end of the Initial Period.
If the Subscription is renewed at the end of the Initial Period, it is renewed for successive one-year periods, unless the Client or Viibe gives notice of termination to the Client or to Viibe no later than 1 (one) month before the end of the period concerned.
In any event, termination of the Subscription is made by email and takes effect at the end of the calendar month during which the request is sent. It entails the termination of access to the Client’s Solution and Services.
8. Financial terms and conditions Prices
The price of the Subscription is indicated in the Quote. Unless otherwise stated, it is expressed in Euros and exclusive of tax. Viibe reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
Any Subscription month commenced is due in its entirety.
8.2. Price revision
The price applicable to the Subscription beyond the Initial Period may be revised by Viibe at any time, at its sole discretion. The Client will be informed of these modifications by Viibe by any useful written means (and notably by email) 45 (forty-five) days before the new price comes into effect.
Once in effect, the new price applies upon renewal of the Subscription. Clients who do not accept the new price must terminate their Subscription in accordance with the terms and conditions set out in the “Duration” section. Otherwise, the Client will be deemed to have accepted the new price.
8.3. Incremental changes to the Subscription
The Client may modify its Subscription upwards by contacting Viibe at the following email: email@example.com.
This upward modification is effective immediately and will be the subject of a new Quote as described in the article “Request for the Solution and acceptance of the general terms and conditions”.
The difference between the original price of the Subscription and the price of the Subscription modified upwards (additional price), for the portion corresponding to the unexpired Subscription period, is paid on the price due for the following month of the Subscription.
8.4. Billing and payment terms
The provision of the Solution and the supply of the Services are subject to annual invoices which are communicated to the Client by any useful means and which are payable within 30 days of the end of the month. The terms of payment are indicated in the Quote.
8.5. Payment delays and incidents
The Client is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically entail, without prejudice to the provisions of the articles “Duration” and “Penalty for default” and from the day following the payment date appearing on the invoice:
(i) the forfeiture of the term of all sums due by the Client and their immediate exigibility;
(ii) the immediate suspension of access to the Solution and the Services in progress until full payment of all sums due by the Client;
(iii) the payment to Viibe of late payment interest at a rate of 3 times (three) the legal interest rate, based on the total amount of the sums owed by the Client and a fixed compensation of 40 (forty) € for collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.
9. Agreement of proof
The Client expressly acknowledges and accepts :
(i) that the data collected on the Site, the Solution and Viibe’s IT equipment are evidence of the reality of the operations performed herein,
(ii) that this data constitutes the main form of evidence admitted between the parties, in particular for the calculation of the sums due to Viibe.
The Client may access this data in its Client Account on the Solution.
10. Client’s obligations
Without prejudice to the other obligations provided for herein, the Client commits to respecting the following obligations.
10.1 The Client commits, in its use of the Solution and Services, to respecting the laws and regulations in force and not to infringe the rights of third parties or public order.
He warrants himself against any misuse, non-conforming or illicit use that Users may make of the Solution, in particular against infringements of the laws and regulations in force. The Client is thus exclusively responsible for the implementation of all procedures intended to prevent or repair the commission of such acts.
The Client is solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or duties of any nature that may be incumbent upon it in connection with its use of the Solution and Services. Viibe’s responsibility cannot be engaged in any way in this respect.
10.2 The Client is solely responsible for its use of the Solution and Services, and more specifically : (i) the use of the Solution and the Services by the Users themselves for which it is responsible, as well as (ii) the relations that may arise between him, the Users and third parties, in particular all disputes or litigation caused by or originating from the use of the Solution and the Services. Viibe cannot be held liable in any way whatsoever in this respect.
It is also the Client’s responsibility to alert ViiBE of all attacks, potential threats, or attempted intrusions by third parties into the User Accounts.
10.3 The Client declares having received from ViiBE, prior to use of the Solution and Services, all advice, instructions and details that are necessary for the Client to subscribe to the present contract in full knowledge of the facts, having sufficient knowledge of the characteristics and functionalities of the Solution, and having, prior to the present, sufficiently exchanged with Viibe to ensure that the service of making the Solution available in SaaS mode corresponds to the Client’s expectations, needs and constraints.
The Client is also informed and accepts that use of the Solution and the implementation of the Services requires the completion of the technical prerequisites listed in Appendix 1, in particular an internet is required and the quality of the Services depends directly on this connection for which it is solely responsible.
10.4 The Client shall not, on its own behalf or on behalf of the Users, monetize, assign, concede, or transfer all or part of its rights or obligations hereunder to any third party, including if such third party has a direct or indirect link with the Client or one of the Users, in any manner whatsoever.
10.5 The Client commits to providing Viibe with all the information necessary for the proper execution of the Solution and Services. More generally, the Client commits to cooperating actively with Viibe for the proper execution of the Agreement herein.
10.6 The Client is solely responsible for all content (editorial, graphic, audio, audiovisual or other) that it disseminates as part of the Solution and/or the Services (henceforth referred to as: the “Content”).
The Client guarantees ViiBE that it has all the necessary rights and authorizations for the distribution of this Content.
The Client undertakes to ensure that said Content is lawful, does not violate public order, respects good morals or the rights of third parties, does not violate any legal or regulatory provisions, and overall, that ViiBE is in no way civilly or criminally liable.
The Client is also prohibited from diffusing Content that is, including but not limited to:
- Pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist Content,
- Infringing Content,
- Content infringing on a third-party image,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
- and overall Content that may infringe on the rights of third parties or be prejudicial to third parties, in any manner or form whatsoever.
10.7 The Client acknowledges that the Solution and the Services offer an additional, non-alternative solution and that this solution is not a substitute for the other means that the Client may otherwise have at its disposal to achieve the same objective.
10.8 The Client must take the necessary measures to safeguard, by its own means, the information the information in its Client Account that it deems necessary, of which no copies will be provided.
10.9 The Client is informed and accepts that the usage of the Solution and the implementation of the Services necessitates that the Client is connected to the internet and that the quality of the Services is directly dependent on this connection for which it is solely responsible.
11. Client’s Guarantee
The Client guarantees Viibe against any complaints, claims, actions and/or demands whatsoever that Viibe may suffer as a result of the violation by the Client of any of its obligations or guarantees under these terms and conditions.
The Client undertakes to compensate Viibe for any damage it may suffer and to pay all costs, charges and/or sentences it may have to bear as a result.
12. Prohibited behaviors
12.1 It is strictly prohibited to use the Solution and the Services for the following
– To engage in activities that are illegal, fraudulent or that infringe the rights or safety of third parties,
– To breach public order or violate the laws and regulations in place,
– To intrude into a third party’s computer system or any activity that could harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
– To send unsolicited emails and/or commercial canvassing or solicitation,
– To partake in manipulations intended to improve the referencing of a third-party site,
– To aid or abet, in any form and in any manner whatsoever, one or more of the acts and activities described above,
– and more generally to engage in any practice that diverts the Solution and the Services to purposes other than those for which they were designed.
12.2 It is strictly forbidden for Clients to copy and/or misappropriate for their own purposes or those of third parties, the concept, technologies, all or part of the data or any other element of Viibe’s Site and Solution.
12.3 The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Solution and Services, (ii) any intrusion or attempted intrusion into Viibe’s systems, (iii) any diversion of the system resources of the Solution and the Site, (iv) any action likely to impose a disproportionate burden on the latter’s infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to infringe the financial, commercial or moral rights and interests of Viibe or users of the Solution and the Site, and more generally (vii) any breach of these general terms and conditions.
12.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Solution, the Services or the Site, as well as the information hosted and/or shared therein.
13. Penalties for non-compliance
In the event of a breach of any of the provisions of the present general terms and conditions or more generally, of a violation of the laws and regulations in force by a Client, Viibe reserves the right to take any appropriate measure and in particular to:
(i) Suspend or remove access to the Solution and Services of the Client, who is the author of the breach or infringement, or who has participated in it,
- (ii) delete any content posted on the Solution,
- (iii) notify any authority concerned,
- (iv) take any legal action.
14. Liability and warranty of Viibe
14.1 Viibe commits to making the Solution available and to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client expressly acknowledge and accept.
14.2 Viibe commits to making competent personnel available to the Client and to providing the Client with the advice, warnings and information necessary for the proper execution of this Agreement and the provision of the Services. It also commits to informing the Client of any foreseeable difficulty, in particular with respect to a difficulty in implementing the Solution and the Services or their proper functioning.
14.3 Viibe commits to making its best efforts to ensure the security of the Solution, the Client Account and the User Accounts. It guarantees the exclusive access of Users to their User Accounts and refrains from communicating their content to any third party.
However, Viibe cannot be held liable in case of malicious introduction into the storage space reserved for the Client, as long as it is not demonstrated that the security measures it has put in place were seriously deficient.
Furthermore, Viibe cannot be held liable for any lack of vigilance on the part of Users in maintaining the confidentiality of their login and password.
14.4 Viibe commits to using the information, documents, data and more generally all elements that may be transmitted to it hereunder only for the purposes of the execution of the present contract and not to distribute or share them with any third party whatsoever, unless expressly requested or agreed to by the Client.
It guarantees the Client the perfect conservation of these documents, elements, data and information for the duration of the present contract and undertakes to destroy them or to return them to the Client, at the latter’s request, at the end of the present contract.
Viibe shall refrain from using this data for canvassing or commercial solicitation purposes. More generally, Viibe therefore refrains from reusing all or part of this data in any form whatsoever and from diverting it from its purpose, namely the execution of the Services provided for herein.
The Client expressly acknowledges having consulted and analyzed the aforementioned measures and deems them sufficient to ensure Viibe’s compliance with its obligation of security and confidentiality specified above.
14.5 Viibe’s intervention is limited to the sole provision of the Services, at the exclusion of all others. As such, the Client acknowledges and accepts that the Services are provided to it personally, Viibe not intervening in any way in the relations between the Client and the Users or any other third party, maintaining no relationship with them and providing them with no services.
The Client undertakes to hold Viibe harmless in any dispute or litigation between the said persons and to make it its personal business to resolve them.
14.6 Viibe has no knowledge of the Content put online by Users, on which it does not perform any moderation, selection, verification or control of any kind and with respect to which it only acts as a hosting provider.
Consequently, Viibe cannot be held responsible for the publication of Content whose authors are third parties, any possible claim must be directed first and foremost to the authors of the Content in question.
14.7 The Services defined herein are provided by Viibe on an “as is” basis and without any warranty of any kind, express or implied. In particular, Viibe does not guarantee to the Client (i) that the Solution and the Services, subject to constant research to improve performance and progress, will be totally free of errors, defects or faults, (ii) that the Solution and the Services, being standard and in no way proposed solely to the Client according to its own personal constraints, will specifically meet its needs and expectations.
14.8 Viibe undertakes to carry out regular controls in order to verify the functioning and accessibility of the Solution. In this respect, Viibe reserves the right to temporarily interrupt access to the Solution for reasons of maintenance for the Client.
Likewise, Viibe cannot be held responsible for momentary difficulties or impossibilities of access to the Solution due to circumstances beyond its control, force majeure, or due to disruptions in telecommunication networks.
14.9 In any event, the liability that Viibe may incur hereunder is expressly limited to the direct damages suffered by the Client and may not exceed the total amount of the price paid by the Client for the Subscription and the Services concerned.
15. Intellectual property
The Client expressly acknowledges that this Agreement does not confer any intellectual property rights on the Solution, which remains the exclusive property of Viibe.
The Client only has a license to use the Solution under the conditions defined herein.
Consequently, any disassembly, decompilation, decryption, extraction, reuse, copy and more generally any act of reproduction, representation, distribution and use of any of the elements composing the Solution, in whole or in part, without the authorization of Viibe, are strictly prohibited and may be subject to legal proceeding
16. Personal data
16.1. General Provisions
Viibe follows a personal data protection policy, the characteristics of which are explained in the document entitled “Protection of personal data” in Appendix 2, of which the Client is expressly invited to take note.
Viibe and the Client commit, each in so far as it is concerned, to comply with the regulations applicable to personal data and in particular with the general regulations on data protection (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
Within the framework of the Services, Viibe is required to process personal data relating to Users and end customers. The characteristics of this processing are stipulated in Appendix 2.
The Client is the controller of such data and is required to fulfil the obligations incumbent upon it pursuant to the aforementioned Regulation, in particular as regards the obligation to inform the data subjects, the keeping of the register of processing operations carried out and, more generally, compliance with the principles deriving from the Regulation.
16.2. Viibe’s obligations towards the Client
Viibe acts as a subcontractor in the implementation of this processing of personal data. As such, Viibe undertakes to (i) process personal data solely for the purpose of executing this Contract, and (ii) comply with the following obligations:
– Data processing:
Viibe undertakes to process personal data only for the purpose of performing the Services and in accordance with the Client’s documented instructions, including with respect to the transfer of data outside the European Union. Viibe undertakes to inform the Client if, in its opinion, an instruction constitutes a violation of the applicable regulations.
– Data security and confidentiality:
Viibe undertakes to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup, as well as the restoration of their availability in the event of a physical or technical incident. Viibe also ensures that the persons authorized to process personal data are subject to the obligation to preserve its confidentiality.
– Other subcontractors:
Viibe undertakes not to use other subcontractors without the prior written authorization, specific or general, of the Client. In the case of a general written authorization, Viibe undertakes to inform the Client of any planned changes regarding the addition or replacement of other subcontractors, with the Client then having the possibility to object to these changes.
– Provision of information:
Viibe undertakes to respond to any request for information sent to it by the Client, whether it is in the context of a request for the exercise of rights by the persons concerned, an impact analysis, or a request made by the data protection authorities or the Client’s data protection officers.
– Notification of personal data breaches:
Viibe undertakes to notify the Client of any violation of personal data within a maximum period of 72 hours after becoming aware of it. Should the Client himself have to notify this violation to the competent control authority, Viibe undertakes to provide it with all useful documentation.
– Register and documentation:
Viibe keeps a written record of the processing carried out on behalf of its Clients. This register also includes the information relating to these treatments.
Viibe makes available to the Client, upon request, all information necessary to demonstrate compliance with its obligations.
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which it may receive which are expressly identified by the other party as being confidential. As far as Viibe is concerned, the parties already expressly agree that this obligation of confidentiality covers the personal data that Viibe will be led to process for the Client in the context of the use of the Solution and the Services. All this information is henceforth referred to as the “Confidential Information”.
The party receiving Confidential Information undertakes not to disclose it without prior consent of the other party, for a period of five (5) years as of the end of the use of the Solution and the execution of the Services concerned. It may only transmit it to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided for herein. This obligation does not extend to documents, elements, data and information:
- (i) of which the receiving party was already aware;
- (ii) which were already public at the time of their communication or which would become public without violation of these general conditions
- which would have been received from a third party in a lawful manner;
- the communication of which is required by the judicial authorities, pursuant to laws and regulations or in order to establish the rights of a party under these general terms and conditions.
Viibe reserves the right to insert on the Solution or on any page of the Site and in any communication to Clients in the form of advertising or promotional messages in a form and under conditions of which Viibe shall be the sole judge.
19. Commercial references
Unless expressly mentioned in the Quote or transmitted to Viibe by any useful written means, the Client authorizes Viibe to use its name, trademark, logo, site references and video Content published via the Solution (henceforth: the “Videos”), as commercial references, on any medium and in any form whatsoever.
The Client consents, free of charge, to the broadcasting of its Videos by Viibe on its own site and its social network accounts, as well as in the context of presentations of its activity, by any means and on any medium, for the purposes of promotion and internal and/or external communication.
The Client also undertakes to sign the Communication Agreement in Appendix 3 hereto.
Viibe reserves the right to modify these general conditions at any time. 20.2 The Client will be informed of these modifications by any useful means at least 45 (forty-five) days before their coming into force. The modified terms and conditions will apply from the renewal of this Subscription following their coming into force. 20.3 If it does not accept the amended terms and conditions, it must terminate the Contract in accordance with the terms and conditions set out in the “Duration” section.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
(i) the Client fulfils the conditions set out in Article L221-3 of the French Consumer Code and,
(ii) the Subscription taken out by the Client meets the criteria for an off-premises contract within the meaning of Article L221-1 of the French Consumer Code, it has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present contract which would oppose it to Viibe, under the conditions provided for in articles L611-1 and following and R612-1 and following of the Consumer Code.
To this end, he may contact the following consumer mediator:
Centre for Mediation and Amicable Settlement of Bailiffs (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
E-mail address: firstname.lastname@example.org
Telephone: +33 (0)1 49 70 15 93
In the event of a complaint possibly formulated by a European consumer who has not found an amicable solution with Viibe’s customer service, the said consumer may use the European platform for the settlement of consumer law disputes accessible at the following url address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
23. Applicable law and jurisdiction
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless mandatory procedural rules to the contrary exist.