Article I. Purpose
The purpose of these terms and conditions is to set out the terms and conditions for the use of the services published by Angage, a limited liability company with a capital of 320,000 euros, registered with the Paris Trade and Companies Register under number B 504 650 086, whose registered office is located at 152 Bd Pereire 75017 Paris. They govern the contractual conditions between Angage, hereinafter referred to as Angage, and the Client, hereinafter referred to as the Parties.
Article II. General
The service, hereinafter referred to as “Service”, is specified in the order form and applies to any provision of services and/or sale of materials.
Article III. Financial conditions
Price of the service
The price of the Service(s), exclusive of tax, is shown on the Purchase Order. Duties and taxes are those applicable on the date of the invoice.
Angage may change its rates and apply new rates to contracts in progress. In this case Angage will inform the customers concerned in advance. In case of an increase, the Customer may freely terminate the Service subscribed to which has been increased after giving notice by registered letter with acknowledgement of receipt within 15 days of receipt of the letter from Angage.
Invoices are payable by direct debit or bank transfer 15 days from the date of the invoice unless otherwise provided for in the Purchase Order. However, as from the opening of a collective procedure, the Customer shall pay the invoices in cash.
Default of payment
In case of non-payment of an invoice on the due date
– Angage may suspend the Service as of right and without legal process. In such a case Angage will send the customer a formal notice to pay and indicate the date on which the Service will be suspended.
– Late payment shall also result in the forfeiture of all terms of Angage’s claims against the customer and their immediate payment.
Angage will charge late payment interest equal to 1.5 times the legal interest rate.
Invoices shall be deemed to have been accepted if they have not been contested by providing detailed evidence in support of the contestation within 15 days of the invoice date. In case of a dispute, Customer shall nevertheless pay the undisputed portion of the invoice when due. Unless otherwise specified in the Purchase Order, the Customer expressly authorizes Angage to issue the invoice exclusively in electronic format.
Article IV. Term and Termination
The contract and/or order takes effect on the date of signature of the Purchase Order.
The duration of access to the Service is specified on the order form
For a subscription Service the duration of the service is 12 months, the order is automatically renewed for subsequent additional periods of 12 months.
Each party may terminate the Service by registered letter with return receipt requested, giving 90 days notice to be effective no earlier than the end of the initial 12 month term or the end of the automatic renewal period. Customer shall pay the fees due until the end of the initial 12-month term or the end of the automatic 12-month renewal period.
Angage may terminate the Service, without notice, if the Customer commits a breach of any of its obligations.
Article V. Suspensions
Angage may suspend the service as of right in order to carry out any maintenance or update operations on its equipment. In this case, Angage will do its best to cause as little inconvenience as possible to the Customer.
Article VI. Obligations and Responsibilities of the Parties
The Customer is the only one responsible for the protection and the use of his access codes.
The Customer undertakes never to use the Service for inappropriate, illegal purposes contrary to public order and morality and otherwise reprehensible or in the context of fraudulent and/or illicit activities and never to allow third parties to do so. The service is conditional on non-abusive use, “in good faith”.
The Customer is the only one responsible for the content of the elements diffused and/or transmitted through the Service.
The Customer undertakes to use the service for his exclusive use and is prohibited from reselling it.
The Customer indemnifies Angage against any claim, action or proceeding brought against it arising out of the use of the Service or the Content..
Angage will use its best efforts to provide a continuous and available service within the limits of the capacity of its equipment and the technical constraints inherent in their operation. Angage does not guarantee that the service will be available, uninterrupted and without error.
Angage has no control over the information stored, transmitted and/or disseminated and therefore cannot be held liable.
Angage shall not be liable for any direct or indirect damage resulting from the use, malfunction or interruption of the Service.
Article VII. Data Protection
Angage acts as a Sub-processor with respect to the Customer’s personal data and the Customer acts as a Data Controller, the terms Sub-processor and Data Controller shall have the meaning given to them within the GDPR. Angage shall take appropriate technical and organizational measures to prevent unauthorized or unlawful processing of Personal Data and shall comply with other applicable data protection legislation.
To the extent that the Customer is a Data Processor and Angage is a subcontractor, the Customer hereby authorizes Angage for the performance of the Services to process personal data obtained from the Customer in order to fulfill its obligations under the Service. The collection of personal data is carried out under the sole control of the Customer.
The customer grants Angage general permission to use third parties to support the performance of the Service.
Where the sub-processor is located in a third country and there are no applicable appropriate safeguards, the controller hereby instructs and mandates the processor to sign, on behalf of the controller, the European Commission’s standard contractual clauses with the sub-processor.
Article VII. Force Majeure
Each of the parties will be exonerated from any responsibility which would be the consequence of a case of force majeure in the terms of the article 1148 of the civil code.
Article VIII. Miscellaneous provisions
The Number assignment does not transfer the ownership to the Customer.
Throughout the term of the contract and for a period of one year after its termination, each of the parties undertakes to keep confidential any information that they may have collected during their contractual relationship. However, Angage may disclose information related to the use of the Service to the authorities, in particular the police and gendarmerie, whenever these authorities so request.
Commercial reference – promotion
The Customer allows Angage to use the Customer’s name, brand and logo as a commercial reference. The Customer allows Angage to send advertising, commercial offers or invitations to the Customer.
All Intellectual Property Rights in the Service are and shall remain the exclusive property of Angage
Assignment of the contract
The contract may not be assigned or transferred without prior agreement from Angage.
The contract is governed by French law. Any dispute will be brought before the Commercial Court of Paris – France