General conditions of sale
SAS Atelier Business Food located at 23 bis Rue de la Petite Gare 22120 Hillon and registered with the RCS of Saint Brieuc under the number B 832 482 939 and bearing the intra-community VAT number FRFR14832482939.
SAS Atelier Business Food operates under the commercial name Booking Shake whose services are accessible on the website (https://www.bookingshake.com/). The company can be contacted at hello@bookingshake.com.
BUSINESS FOOD WORKSHOP (hereinafter referred to as” BUSINESS FOOD WORKSHOP” or” The Service Provider ”) markets application functionalities (the” Services ”) accessible online which it owns via the “BOOKING SHAKE” Solution (” The Solution ” or” BOOKING SHAKE”) .Booking Shake is a publisher of group and event management software for event locations (reception, restaurants, bars, hotels, conference centers, caterers).
● The software, placed in “remote access” mode, allows, in particular:
● To follow up requests easily through personalized statuses
● To add new requests, customers (individuals or businesses) into a secure database.
● To use a to-do list with automatic reminders in order to easily plan each event.
● To allow you to create a space for each place, if you have to manage several.
The Booking Shake application solution is in a closed remote access (SaaS) mode. Subscription is not free, each interface is adapted to each customer.
ATELIER BUSINESS FOOD has made available to the Customer a commercial proposal and/or documentation presenting the Service that the Customer acknowledges having read (the “” Devis ”). It is the Customer's responsibility, in particular on the basis of this information, to ensure that the Service is adequate to its specific needs and constraints.
These General Terms and Conditions of Services (hereinafter understood as” Conditions ”) apply to the Contract and define the rights and obligations of the Parties in the context of any subscription to the Services by the Customer. The current version of the Conditions is the only one enforceable against Customers throughout the duration of the execution of the Contract and until a new version replaces it. ATELIER BUSINESS FOOD reserves the right to modify these Conditions at any time without prior notice to the Customer, but will keep the Customer informed of the latest.
changes.
ATELIER BUSINESS FOOD reserves the right to derogate from certain clauses herein or to establish special conditions according to customers. Any derogation from the Conditions is recorded in the Special Conditions. The special conditions take precedence over the general conditions. Acceptance of the Conditions is mandatory before placing an order for the Services. The Customer acknowledges and accepts that any subscription to the Services implies unreserved acceptance of the following provisions and conditions as well as the appendices.
Hereunder, ATELIER BUSINESS FOOD and the Customer may be individually referred to as “ATELIER BUSINESS FOOD”. The Party ” and collectively as” The Parties ”.
Generalities
Article 1: Preamble
The contract for the provision of services is evidenced by the quotation signed between the Parties and must be marked “good for agreement”, as well as these general conditions of sale are governed by French law.
In all cases, the offer issued is deemed accepted as soon as the Quotation is signed by the Customer.
These general conditions apply in their entirety to all services provided, in particular the adaptation of the software, the creation of specifications, the support of the customer until the application solution is mastered and any modifications requested by the customer.
Any request implies the unreserved acceptance of these general conditions.
These general conditions prevail over all general conditions of purchase and all other documents issued by the customer regardless of their terms.
The fact that Booking Shake does not use at any time a prerogative recognized by these general conditions cannot be interpreted as a waiver of relying on them later.
Likewise, any exceptional commercial gesture granted to a professional customer, natural or legal person under private or public law cannot be interpreted as modifying the general conditions of sale.
Each of the provisions of the general conditions will apply to the fullest extent authorized by law and the invalidity of all or part of a clause would have no influence on the rest of this clause and all of the general conditions.
The General Terms and Conditions of Sale, the offer issued, as well as the commercial documents are inseparable and constitute the agreement governing all relationships between the provider and the customer in the context of the provision of services carried out in accordance with the signed offer.
Article 2: Information
The company Atelier Business Food, under its commercial name Booking Shake, undertakes to provide the customer, or to make available, any document useful to the customer's good understanding of the general conditions and use of the application solution, but also to remain available to respond to all requests from the customer.
BookingShake insists that the company is the creator, owner and provider of access rights, on the software solution provided to the customer.
All information on the proposed solution is available on the website where will be
brought to the attention of the customer on simple request.
Also, these general conditions of sale are attached to the offer issued or made available
of the customer on the website.
Article 3: Purpose
The purpose of these conditions is to define the conditions under which:
§ ATELIER BUSINESS FOOD grants the Customer, who accepts it, a right to use the Services and the Solution;
§ ATELIER BUSINESS FOOD provides the Customer with associated Services;
§ The Customer undertakes to pay the contractual fee;
§ The obligations and responsibilities of the Parties.
Article 4: Duration - Commitment - Renewal
The general conditions apply from the signature of the Quotation by the Parties until the modification or termination of the contract (or its non-renewal).
Subscription to our application solution is subject to an initial commitment of 1 year with tacit renewal. Its cancellation is made under the conditions set out below.
Article 5: Contractual package
The contractual package is formalized by this document as well as all the attached documents, under specific conditions, materialized by:
● The signed Quotation
● Quote renewals;
● These General Terms and Conditions and their appendices, which form an indivisible whole with the T&Cs;
● Any appendices attached, if applicable, to these terms and conditions.
In the event of a contradiction between one or more provisions in the documents mentioned above, the higher-ranking document prevails. As an exception to the above, in terms of the processing of personal data, the “DPA” Annex prevails over all contractual documents.
Important: in addition to these general conditions, the customer is encouraged to read the conditions of use of the application solution or the various tutorials.
It is however specified that the commercial documents presenting the application solution, with the exception of the offer issued, cannot legally bind the company. These commercial documents can only be used to provide additional information and to interpret clauses of the contract or these general conditions.
Article 6: Evolution of services — Evolution of legal obligations
Subsequent changes that may be made to this document in accordance with the obligations that may arise as a result of legal developments are tacitly accepted by SAS customers.
Atelier Business Food.
In addition, these general conditions are intended to be modified according to the evolution of the services that can be provided, and their development.
Atelier Business Food is committed to making the most recent terms and conditions available to the Booking Shake customer.
In the event of a conflict between clauses contained in the new general conditions and those in force when the contract was signed, the General Conditions and the updated rates will prevail.
Thus, the customer acknowledges having verified the adequacy between the characteristics and details of the services subscribed and the service described in the offer with his needs or specifications.
Article 7: Retroactivity of rates and clauses more favourable to the customer
At no time can a customer take advantage of the rate granted to another customer relating to a subscription request, or a provision of services, or a clause in these general conditions, more favorable than that contained in the general conditions of sale in force at the time of his request, in order to obtain retroactively, or not, an economic advantage.
Each configuration of the Booking Shake software solution is carried out according to the specific needs of each customer. At no time can a rate granted to one customer be used as a reference for another customer.
Article 8: Applicable rates
8.1 Determining the Price
The prices are indicated in the offer issued, in euros excluding taxes and then all taxes included.
Atelier Business Food is free to adapt the price according to the service requested.
It is brought to the attention of the customer that the rate may be fixed, per license, annualized, adjustable or include usable capital, in particular concerning maintenance and assistance services. The nature of the pricing is specified on the offer issued or on the adjustment amendment if applicable, or on the invoice.
Note that only the price provided for in the contract applies. Any price relating to a service in progress cannot be revised downwards under the pretext, in particular, of a competing offer; of a reduction in the rates per service; of a commercial gesture granted to a third party.
Finally, the customer will be informed, by any means, of the billing of a service not provided for in the contract and outside of a subscription (for example: a request for a specific overhaul). A service provided and not invoiced is not, under any circumstances, equivalent to modifying the rate or setting up the rate. Booking Shake is free to charge for a service or to make a commercial gesture, at its own discretion.
8.2 Price Review
The Customer acknowledges and accepts that the Service Provider reserves the right to revise the amount of the Fees.
annual subscription as well as any other fees applicable prior to each renewal of
Contract.
Article 9: Issuance of the offer - Acceptance by the customer
The offer is issued at the request of the customer, after a precise assessment of the needs by the parties, and is sent to the customer by email.
The service provider issues an offer in the form of a quotation, accompanied by documents for information purposes and these general conditions, which must be accepted by the customer.
This acceptance is made either by returning the signed quotation with the mention “Good for agreement”. Acceptance of the offer must imperatively be carried out by a person with the legal capacity to engage the client company. In case of representation, Booking Shake may be required to request a copy of the representation mandate.
Booking Shake confirms the receipt of the agreement and can issue a request for a deposit, an invoice or a schedule, which must be paid by the customer before the start of the service, concerning the deposit, and at the due dates, concerning the invoices.
Article 10: Deposit — Invoice
1. Deposit
Upon receipt of the signed quote, the service provider can send the customer a request for an advance payment.
In principle, in the case of a request for an advance payment, the configuration of the software solution begins after receipt of payment of the deposit.
2. Invoice
At a fixed deadline (for long-term services), or at the time a specific service is provided that is not included in the initial pricing, an invoice is issued.
The invoice also shows the deposit amounts that would have already been paid.
Invoices are payable by the due date indicated on the invoice.
Article 11: Payment method
The payment of services is made by:
● Bank transfer.
● Bank debit
Article 12: Late payment
Any delay in the payment of invoices sent by ATELIER BUSINESS FOOD or any payment incident, starting from the day following the due date of the invoices, must be settled within fifteen (15) days following the issuance of the invoice. After this period, any delay will automatically result in the application of late payment penalties equal to the interest rate applied by the European Central Bank plus 10 percentage points. They are due by operation of law and without prior notice.
In addition, pursuant to Article L. 441-10 of the Commercial Code, a fixed compensation for recovery costs of €40.00 will be due by the Customer to the Service Provider, even in the event of partial payment of the unsettled invoice, without prejudice to any other action that the creditor party would be entitled to bring against the debtor party and at the latter's expense for the purposes of collecting its invoices and any other damages that may be due to him.
In the event of non-payment of invoices, ATELIER BUSINESS FOOD reserves the right to suspend access to the Solution and to perform the Services until effective receipt of the amounts due. This suspension of the Services cannot be considered as a termination hereof.
Article 13: Postponement - Cancellation of the service at the initiative of the customer
In the case of a request to postpone maintenance for updating, creating access, configuring the application solution by the customer, the customer must inform Booking Shake of his request and justify it.
1. Report
In the event of a request to postpone the service, if a deposit has been paid, a new date will be fixed and the deposit will be retained.
Important : In principle, any request, which has led to the issuance of an offer, its acceptance, and
payment of a deposit, is firm.
2. Cancellation
In the event of cancellation at the initiative of the customer, if a deposit has been paid, the deposit will be retained by the service provider.
Important: It is recalled that the service begins with the payment of the deposit, the deposit makes it possible to incur the first costs and in particular the adaptation of the application solution to the specific needs of the customer.
Article 14: Assistance
14.1 Availability
The ATELIER BUSINESS FOOD technical team provides assistance from Monday to Friday from (9h-19h), by email only, excluding public holidays at (hello@bookingshake.com). In the event that the Customer is located abroad, these hours correspond to the time slot applicable on the territory of Metropolitan France.
This assistance makes it possible to provide the Customer with answers to the malfunctions and anomalies encountered in its use of the Solution. This assistance does not cover the Customer's needs related to problems with his hardware and any third party software not provided by ATELIER BUSINESS FOOD.
The Service Provider diagnoses the anomaly and then implements its correction.
(a) In the event of a blocking anomaly, the report is taken into account within 24 working hours. The Service Provider strives to correct the blocking anomaly as soon as possible, and offers a workaround solution.
(b) In the event of a semi-blocking anomaly, the report is taken into account within 48 working hours. The Service Provider strives to correct the anomaly, and offers a workaround that can allow the use of the functionalities in question within 2 working days.
(c) In the event of a minor anomaly, the report is taken into account as soon as possible.
14.2 Updates
ATELIER BUSINESS FOOD is committed to providing Updates in order to continuously improve the quality and/or functionalities of the Solution for its Customers. The Updates made must not affect the use of the Solution by the Customer or degrade the Solution. Otherwise, ATELIER BUSINESS FOOD undertakes to maintain, under the conditions provided for herein, the previous version of the Solution until a new Update is implemented, meeting the quality criteria of ATELIER BUSINESS FOOD.
ATELIER BUSINESS FOOD will take care of the correction of all possible Anomalies identified on the solution. Any Anomaly must be reported by the Customer to ATELIER BUSINESS FOOD as soon as it is discovered, with sufficient information to allow the ATELIER BUSINESS FOOD technical team to resolve the anomaly.
14.3 Intervention limits
ATELIER BUSINESS FOOD will not provide its assistance and maintenance services for:
● A use of the Services and/or the Solution by the Customer that does not comply with these terms and the Conditions of Use present on the Solution;
● Abnormal use of the Services and/or the Solution, regardless of the reason;
● A compatibility problem between the Solution and the Customer's computer hardware;
● Any breach by the Customer of its obligations under the Contract;
● In the event of the Customer's refusal to collaborate with the Service Provider in resolving anomalies and in particular to answer questions and requests for information;
● In the event of an unauthorized modification of the Solution by the Customer or by a third party under the responsibility of the Customer (e.g. Users);
● In the event of the implementation of any software, software or operating system that is not compatible with the Solution;
● In case of failure of electronic communication networks;
● In the event of a voluntary act of degradation, malice, sabotage;
● For any deterioration due to force majeure or incorrect use of the Solution.
Article 15: Geographical area and volume
The company Atelier Business Food offers its services all over the world.
The license concluded by the Customer and entered on his Subscription form is carried out on behalf of the Customer for a volume of Users defined in his Subscription.
A customer account is opened for an entity. For any new Customer entity (e.g. subsidiary), the Customer must take out an additional Subscription.
It is the Customer's responsibility to respect the volume thresholds indicated on their Subscription and to notify the Service Provider in the event of an increase in their needs in terms of processing capacity.
Any User can access the Solution only if his rights allow him to do so, said rights being defined by the Customer in his capacity as administrator of his Space and defined in the General Conditions of Use.
Article 16: Obligations of the service provider
The service provider undertakes to provide the customer, or to make available to him, all the necessary information concerning the service subject of the quotation.
The service provider also undertakes to deliver work in accordance with the object of the request made by the client, mainly concerning the adaptations provided for in the needs of the client.
Personal information concerning the customer or relating to his activity that the service provider would know at the time of his request will be strictly confidential and cannot be disclosed and/or communicated to third parties.
Finally, it is specified that the Booking Shake is subject to an obligation of means in the context of carrying out the service and not to an obligation of result.
Article 17: Obligations of the Parties
17.1 Customer Obligations
a) General obligations
The customer is obliged to pay the price and to provide accurate information in order to allow the performance of the service covered by the quotation (subscription to the application solution, information required by the service provider, etc.)
The customer is also obliged to keep his identifiers secret, not to transfer them or to make them available to third parties to the contract. The customer is also responsible for the management of personal data added to his personal space.
The Customer guarantees that all the information entered on his Account on the Solution is accurate, up-to-date and truthful. It also guarantees to be a natural person, of legal age, and in a capacity to contract. The Customer is solely responsible for the accuracy of the information entered on his account. As such, he undertakes to update the information if necessary. The responsibility of ATELIER BUSINESS FOOD cannot be sought in the event of truncated, inaccurate or missing data that has had a direct or indirect impact on the execution of services or on the use of the Solution.
The Customer undertakes to:
● Have ensured, prior to the conclusion of the Contract, of the adequacy of the Solution to its needs and its IT environment, and to have all the technical prerequisites;
● Transmit all the information necessary for the execution of the Contract and guarantees the accuracy of this information; Any modification of this information must be reported by the Customer to ATELIER BUSINESS FOOD within a maximum of twenty-four (24) hours
● Pay the fee due as specified in the Quotation
● Respect the provisions relating to the Intellectual Property of ATELIER BUSINESS FOOD
● Use the Solution in accordance with the Terms and Conditions provided by ATELIER BUSINESS FOOD and in accordance with the applicable documentation;
● Not to interfere with the proper functioning or security of the Solution, by not storing, in particular, data that may contain viruses or that are illicit, contrary to good morals or that may affect the respect of the rights of ATELIER BUSINESS FOOD or third parties;
● Ensure its obligations in terms of the security of Personal Data as indicated in the “DPA” Annex
● To have qualified personnel allowing the use of the Solution and to ensure the training of their personnel in the use of the Solution;
● Respect the confidentiality obligations indicated in the Contract. The Customer is responsible for damage caused - by himself or by any third party under his responsibility - to the Solution and/or to ATELIER BUSINESS FOOD and/or to a third party and guarantees ATELIER BUSINESS FOOD against any recourse that may be brought against it by a third party due to a
violation by the Customer of these provisions.
The Customer does his personal business and under his sole responsibility, to acquire all the necessary equipment as well as to subscribe to the Internet access subscriptions necessary for the use of the Services. The costs of connecting to the Solution are the sole responsibility of the Customer.
b) Technical requirements
● Prior assessment
By signing these terms and conditions, the Customer acknowledges and declares that he has been able to verify, under his sole responsibility and before the conclusion of the Contract, that he has all the technical prerequisites, as indicated by ATELIER BUSINESS FOOD, to use the Solution, its interface and the technologies implemented or required for its use. He paid particular attention to verifying that the Solution and associated technologies are perfectly compatible with his IT environment. The responsibility of ATELIER BUSINESS FOOD cannot be sought in the event that the Customer has not carried out these prior checks, the Customer cannot make a complaint or request for reimbursement on this reason.
● Customer Hardware
The hardware for connecting to the Solution used by the Customer is under his sole responsibility. He must take all appropriate measures to protect his hardware and his own data. The Customer undertakes to access the Solution using recent hardware that does not contain viruses and with a recently updated browser.
ATELIER BUSINESS FOOD is not responsible for damage caused to Customers, third parties and/or their equipment as a result of their connection or use to the Solution and the Customers renounce any action as a result against ATELIER BUSINESS FOOD.
17.2 Obligations of the Service Provider
Under these terms, ATELIER BUSINESS FOOD undertakes to mobilize all human and technical resources in its possession and adapted to its material and financial capacities to provide the Services subject to the Contract under the conditions in accordance with these terms and conditions.
ATELIER BUSINESS FOOD is bound by a general obligation to provide advice and information to the Customer during the execution of the Contract and undertakes to provide him with all the Documentation allowing the Customer to make good use of the Solution and Services by the Customer. ATELIER BUSINESS FOOD to ensure the confidentiality of personal data communicated by the Customer under the conditions provided for in Annex “DPA”.
Article 18: Liability - Limitation of liability
18.1 Customer and User Conduct
The Customer is solely responsible for the use of the Services, the Data (by him and by the Users), in particular the Data uploaded, transferred, edited, processed or entered into the Services or in the Solution, as well as for the management of the BOOKING SHAKE account.
The Customer undertakes to use the Solution under reasonable conditions. ATELIER BUSINESS FOOD would not be responsible in the event of abusive use of the Solution API by the Customer and/or Users. The Customer therefore undertakes to respect the quotas indicated in the Documentation and not to overload the BOOKING SHAKE API with requests.
The Customer undertakes to respect the volumes indicated in his Subscription as well as the storage capacities and user quotas.
In the case of use of the Solution exceeding the thresholds defined above, ATELIER BUSINESS FOOD reserves the right to deactivate or suspend the Subscription or to limit the bandwidth or to change the Subscription more appropriate to the Customer's needs.
The Customer is solely responsible for all the actions and non-actions of its Users, employees and consultants, and all persons invited by the Customer to the Solution.
The Customer guarantees that the data processed via the Solution does not infringe the rights of third parties or does not in any way violate the legislation in force.
The Customer is solely responsible for the Use it makes of the Solution and for any possible consequences related to the use of the Solution as well as for any damage caused to a third party as a result of the Customer's use of the Solution.
18.2 Responsibilities for using the Solution
The Customer is solely responsible for the files and data deposited on the Solution as well as for their content. ATELIER BUSINESS FOOD disclaims any responsibility for the files, data, data and documents uploaded by the Customer to the Solution.
In its use, the Solution is limited to a commitment of means and not of result.
The Customer is informed that the connection to the Solution is made via the Internet. He is therefore aware of the technical hazards that may affect this network, in particular making the connection temporarily impossible. ATELIER BUSINESS FOOD cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the Solution.
18.3 Responsibility of ATELIER BUSINESS FOOD
ATELIER BUSINESS FOOD undertakes to perform the Services in accordance with the rules of the art and in the best possible way but is only bound by an obligation of means towards the Customer and not an obligation of result.
The Customer is expressly informed that the Solution operates using third party computer and technical tools. He is therefore aware of the vulnerability of these third-party tools. By accepting these Terms, the Customer declares to have read the licenses and general terms of service of these tools. In the event of damage to the Customer's Server or to this data, resulting from an act of these third-party tools, the Customer undertakes to expressly release ATELIER BUSINESS FOOD from liability.
ATELIER BUSINESS FOOD does not incur any responsibility for any loss of profits, operations, customers or commercial disturbances or damages, loss of brand image, loss of data, files or software that the Customer would suffer, nor for any increase in the internal charges suffered by the Customer to use the Solution or for any violation of the customer's legal or regulatory obligations.
ATELIER BUSINESS FOOD cannot be held responsible for damages other than those resulting directly and exclusively from a fault in the performance of the Services. Consequently, ATELIER BUSINESS FOOD is not responsible in the event of use of the Services and/or the Solution by the Customer in a manner that is not in accordance with these terms and conditions. ATELIER BUSINESS FOOD is not responsible for any damage from third party providers, in particular the host and the servers of the Solution. In the event of damage, the Customer undertakes to take action against these third parties and to release the Service Provider from liability.
In all cases, the amount of the company's liability is strictly limited to the reimbursement of the amount of the amounts actually paid by the customer on the date of occurrence of the event giving rise to liability.
In addition, the service provider cannot be held responsible for the accidental destruction of data by the customer or a third party who accessed the services using the identifiers given to the Customer.
Article 19: Termination: general principle
Each party to the license agreement may terminate it:
● By the customer after complying with a notice of two (2) months before the anniversary date of the contract.
● Or by mutual consent within the meaning of the civil code.
● For non-compliance with its obligations by the customer as defined in these general conditions or special conditions.
● For non-compliance with its obligations by Booking Shake as defined in these general conditions or special conditions.
However, Atelier Business Food may terminate, as of right, without any liability, in the event that the user does not comply with the terms of use of the application solution. This termination takes effect 15 calendar days following a formal notice requesting the cessation of conduct likely to result in the termination. These include license sharing, attempting to copy the source code, modifying the destination, illegal use, etc.
Article 20: Consequence of termination
As soon as the termination is requested or exercised by a party, it is possible to determine the conditions and in particular the notice, the data recovery format, the data transfer, etc.
If necessary, the performance of acts accompanying the termination and outside the contract will be invoiced at the current rate. In this case, the contract will end upon accounting adjustment, i.e. at the time of payment of all invoices due and mutual return of the data concerned.
Article 21: Non-solicitation of personnel
Each of the Parties renounces the right to hire or to employ, directly or through an intermediary, any employee of the other party, without the express and prior agreement of the latter. This waiver is valid for the duration of the contract.
Article 22: Insurance
The company Atelier Business Food has taken out the necessary insurance in order to cover the risks associated with the exercise of its activity. He undertakes to give all supporting documents to the customer, if the latter expressly requests it.
Article 23: Force majeure
Neither ATELIER BUSINESS FOOD nor the Customer can be held responsible if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
In the event of the occurrence of a force majeure event, as defined by the law and case law of French courts, making it impossible for one of the Parties to perform its obligations for more than thirty (30) days, and if the case of force majeure persists, each of the Parties will have the right to terminate this contract by operation of law, without any compensation being due by either party, by registered letter with notice of receipt addressed to the other party.
However, as soon as the case of force majeure that caused the suspension of their respective obligations disappears, the parties must make every effort to resume the normal performance of their contractual obligations as soon as possible. The prevented party must notify the other, by registered letter with acknowledgement of receipt, of the resumption of its obligation.
Article 24: Guarantee of conformity
The Service Provider declares and guarantees:
● that the Services and the Solution it has developed are original within the meaning of the French Intellectual Property Code
● that he is the owner of all the intellectual property rights that allow him to conclude the Contract.
The provider declares and guarantees that the Services and the Solution are not likely to infringe the rights of third parties.
All information, documents, products and services provided by ATELIER BUSINESS FOOD are provided without express or implied warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or specific expectations, warranties related to the accuracy or reliability of the results obtained from the use of the Services, or the fact that the Services must be uninterrupted, completely secure, free from software errors, or that defects and failures encountered in Services should be
fixed.
Article 25: Protection of personal data
Booking Shake specifies that all personal data is collected, archived and deleted in accordance with the RGPD which came into force on May 25, 2018 following EU Regulation 2016/679.
The obligations of the Parties with respect to the Personal Data processed are indicated in the “DPA” appendix.
Article 26: Intellectual property: general principle
The customer is the owner of all the data that he uses via the service provided.
The contract does not grant the customer any ownership rights to the software and solutions. The temporary provision of solutions under the conditions provided for in the contract cannot be analyzed as the transfer of any intellectual property right for the benefit of the customer, within the meaning of the French Intellectual Property Code.
The customer is prohibited from reproducing any element of the software, or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
Booking Shake declares and guarantees that the software solutions offered are not likely to infringe the rights of third parties.
Article 27: Confidentiality
Each party undertakes to keep confidential all information it receives from the other party, and in particular not to disclose the other party's confidential information to any third party, other than employees or agents who need to know it, and to use the other party's confidential information only for the purpose of exercising its rights and fulfilling its obligations under the contract.
Neither party will have any obligation with respect to information that has fallen or falls into the public domain regardless of a fault by the receiving party, is developed independently by the receiving party, is known to the receiving party before the other party discloses it to it, is legitimately received from a third party not subject to a confidentiality obligation, or should be disclosed by law or by order of a court.
The obligations of the parties with respect to confidential information will remain in force throughout the duration of the contract and for as long as, after the end of the contract, that the information concerned remains confidential. Each of the parties must return all copies of the documents and media containing confidential information of the other party as soon as the contract is over, regardless of the cause.
The parties also undertake to ensure that these provisions are respected by their staff, and by any employee or third party who may intervene in any capacity whatsoever within the framework of the contract.
Article 28 - License
The Service Provider grants the Customer a personal, non-exclusive, non-transferable and non-transferable right to use the Solution throughout the duration of the Contract and for the entire world. This license is determined according to the Subscription formula subscribed by the Customer.
The Customer may only use the Services and the Solution in accordance with its needs and their documentation. In particular, the license relating to the Solution is granted only for the sole purpose of allowing the Customer to use the Services, to the exclusion of any other purpose. The right of use means the right to represent and implement the Solution in accordance with its destination, in SaaS mode via a connection to an electronic communications network. Under no circumstances may the Customer make the Solution available to a third party not provided for in the Contract and for a number of Users greater than that indicated on the Quotation, and is strictly prohibited from any other
use, in particular any adaptation, modification, translation, translation, arrangement, distribution, decompilation, without this list being exhaustive.
It is the Customer's responsibility to ensure that Users comply with the terms of the license and the Agreement. The Customer and Users are authorized to use the Solution only in relation to the data they own or the personal data for which they are responsible for processing.
Unless explicitly authorized by ATELIER BUSINESS FOOD in writing, the Customer cannot - and will no longer be able to authorize a User or a third party - to:
(i) allow any third party not expressly authorized by ATELIER BUSINESS FOOD/or exceeding the volume provided for in the Customer's Subscription, to have access to the Services or the Solution, to sublicense, translate, sell, sell, sell, sell, sell, lend, rent,
distribute or use the Services or the Solution to operate an IT services company, provide access (direct or indirect) to the Services or the Solution, or use the Services or the Solution under a contract called “time”
shared”;
(ii) create derivative works from or access the Services or the solution in order to develop a competing product or service or to copy any element, function, or graphics of the Services or the Solution;
(iii) reverse engineer, decompile, disassemble, disassemble, counter-translate, seek to remove or circumvent any of the mechanisms of the Services or the Solution, or seek to rebuild or discover the related source code;
(iv) remove any identifying elements of copyright, trademarks, or other indications of reserved rights.
When using the Services and the Solution, the Customer and the Users agree not to upload, download, publish, send or distribute in any way any material or content:
(i) who would intentionally or unintentionally violate any applicable laws or regulations;
(ii) who would violate the rights of others, including any intellectual property rights or personality rights of others;
(iii) or that could damage, disable, overburden, or damage the Services or the Solution, a server or networks connected to the Services or the Solution, or constitute a breach of any requirements, procedures, rules or
regulations of networks connected to the service.
The Customer is prohibited from any act or behavior that may directly or indirectly infringe the intellectual property rights of ATELIER BUSINESS FOOD.
If ATELIER BUSINESS FOOD discovers that some of the registration data is inaccurate, incomplete, or out of date, or if ATELIER BUSINESS FOOD decides, in its sole discretion, that a User is not a Customer or appropriate users of the Services, ATELIER BUSINESS FOOD may terminate all rights of access, receipt, use, and license related to the Services immediately and without notice.
This license is subject to the payment of all amounts due under the terms applicable herein. Any use of the Solution or the Services in a manner not provided for in the Contract is prohibited, unlawful and may result in the payment of damages by the Customer. The Customer is prohibited from developing software likely to compete directly or indirectly with the Solution.
Article 29 — Various provisions
Non-waiver: The fact that the Parties did not take advantage of a breach by the other party of any of the obligations referred to herein will not be interpreted for the future as a waiver of the obligation in question;
Partial nullity: In the event of a contradiction between a stipulation herein and any legislative text, law, ordinance, ordinance, regulation, court order or collective agreement, present or future, the latter shall prevail, provided that the stipulation herein so affected is limited only to the extent necessary and that no other stipulation is affected;
Absence of affectio societatis: The Parties agree that the Contract excludes any desire to create a company, an association or any other structure whose purpose is to pool skills or to share any benefits in any form whatsoever.
Non-transfer: The contract is concluded intuitu personae in consideration of the identity of the Parties. The Parties therefore refrain from transferring the Contract to a third party without the prior written consent of the other Party.
Article 30 — Applicable law and dispute resolution
The Contract is subject to the application of French law.
The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract. As such, the party that wishes to bring into play the amicable conciliation procedure must notify the other party, by registered letter with a request for acknowledgement of receipt, of its intention to bring this procedure into play, specifying the difficulties of application encountered or the shortcomings observed.
This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause would be declared inadmissible.
If the parties are unable to reach an amicable agreement within thirty (30) calendar days following the first notification, each of them will regain their full freedom of action.
In the absence of reaching an amicable resolution despite the efforts undertaken, any dispute relating to the execution, interpretation, validity and resolution of the Contract will be subject to the exclusive jurisdiction of the Commercial Court of the head office of ATELIER BUSINESS FOOD, even in the event of multiple defendants, warranty claims or summary proceedings.
Remote access application solution (SaaS)
Article 1: Application solution
The company Atelier Business Food provides, on behalf of the customer, its solution accessible on remote servers via the Internet.
The Booking Shake application solution is said to be closed, its subscription is made after acceptance of Booking Shake and adaptation to the specific needs of the customer.
As soon as the conditions relating to the subscription and the proper implementation of the application solution are met, the customer has the right to use the subscribed application solution.
Booking Shake recalls that the right to use the platform in exchange for the payment of a subscription is not equivalent to the transfer of a software license.
A guarantee is given from the date of access to the application services against any programming defect. This guarantee is no longer valid if a third party is involved in the programs.
Note: any intervention, excluding the initial offer, requested by the customer will be invoiced on the basis of the current rate as part of the maintenance services provided for in the contract and updated each year.
Article 2: Pricing — Commitment
The pricing of the license to access the remote access application solution is specified in the specific conditions. The pricing takes into account, in particular, the cost of a license according to the pricing established by the publisher, the number of seats, the options that may be subscribed to, the maintenance and support service specific to the subscribed solution.
Pricing takes the form of a monthly or annual subscription with an annual commitment, as specified in the specific conditions.
The customer is informed, directly within the specific conditions, of the duration of the commitment, fixed in principle at 1 year. Before its expiry, according to the date provided on the special conditions at the time of subscription, the license cannot be cancelled.
Article 3: Network
The choice of the Internet operator (Internet Access Provider) is up to the Customer. The contract with the Internet access provider is always carried out directly between the customer and the operator.
Since the Service Provider cannot be held responsible for network line interruptions, it draws the Customer's attention in particular to the importance of choosing the operator's product and in particular the emergency option that it can offer by setting up a parallel line in the event of a network interruption.
Article 4: Access
The customer will be able to connect to the platform at any time except for maintenance periods and, if applicable, according to the rules relating to the right to disconnect from his company.
The access procedure defined by the publisher and provided with the specific conditions must be rigorously respected by the customer.
Depending on the application solution and the offer subscribed to, access can be made from the customer's computers, smartphones and tablets.
The identification of the customer when accessing the application services is done using the identifiers assigned to each user of the platform as well as their password.
The user sets the password himself when subscribing.
Identifiers are intended to reserve access to the software to the client's users, to protect the integrity and availability of the application solution, as well as the integrity, availability and confidentiality of the customer's data.
Identifiers are personal and confidential. They can only be changed at the request of the customer or at the initiative of the service provider provided the customer is informed in advance. The customer undertakes to make every effort to keep his identifiers secret and not to disclose them.
The customer is responsible for the use of the identifiers and access codes given to him at the beginning of the contract and those defined later. It will ensure that no unauthorized person has access to the application solution.
In general, the customer assumes responsibility for the security of the individual access stations to the solutions. In the event that he is aware that another person is accessing it, the customer will inform Booking Shake without delay, by any means.
In the event of loss or theft of one of the identifiers, the customer must imperatively notify the service provider by
all means.
Article 5: Quality of applications
The Customer is aware of the technical hazards inherent to the Internet, and of the access interruptions that may result. Consequently, Booking Shake will not be held responsible for possible unavailability or slowdowns in services related to network or access provider failures.
In addition, it is the customer's responsibility to respect the volume thresholds that may be indicated in the specifications and to notify Booking Shake in the event of an increase in its needs in terms of processing capacity, number of user stations, etc.
In addition, it is specified that the service may be suspended from time to time due to maintenance interventions necessary for the proper functioning of the servers or the platform.
In the event of interruption of services for maintenance, Booking Shake, or the provider of the solution, undertakes to comply with the operating procedure described below so that the Customer can be informed as best as possible of the interruption, and so that he takes the necessary measures to avoid any disruption of his business.
In the event of an unexpected interruption, the customer must inform Booking Shake as soon as possible in order to find the most suitable solution.
Article 6: License
The company Atelier Business Food, publisher of the Booking Shake application solution, grants the customer a personal, non-exclusive, non-transferable and non-transferable right to use the platform, throughout the duration of the contract and for the whole world.
The customer can only use the service and the subscribed solution in accordance with his needs and the documentation.
The right of use refers to the right to represent and implement application services in accordance with their destination, in SaaS mode via a connection to an electronic communications network. Under no circumstances may the customer make the solutions available to an unnecessary third party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, arrangement, arrangement, distribution, distribution, decompilation, etc.
Article 7: Maintenance
A support service to deal with anomalies is available, this availability is specified in the specific conditions or on the website.
Booking Shake diagnoses the anomaly or has it diagnosed and then implements its correction.
The company Atelier Business Food is not responsible for maintenance in the following cases:
● Refusal by the Customer to collaborate in resolving anomalies and in particular to answer questions and requests for information;
● Use of application services in a manner that is not consistent with their destination or documentation;
● Unauthorized modification of the solutions by the customer or by a third party;
● Failure by the customer to fulfill his obligations under the contract;
● Implementation of any program, software or operating system that is not compatible;
● Communication network failure;
● Voluntary act of degradation, malice, sabotage;
● Deterioration due to force majeure or incorrect use of the platform.
Booking Shake may, if possible, proceed with the resolution of the malfunctions caused by the cases listed above.
It is specified that the intervention will be invoiced at the current rate.
The remote access software licenses offered benefit from updates and functional evolutions of the services. For each major update, Booking Shake can intervene, at the customer's request, in order to provide the necessary assistance (access, update, add or remove users, etc.).
The corrections and evolutions of the application service are expressly subject to the general conditions of the publisher. Interventions relating to this service may make the service temporarily unavailable. They are carried out as soon as the publishing company considers them necessary.
Booking Shake informs the customer that, in principle, software upgrades and new versions do not lead to any regression of the services in terms of performance and functionality.
Article 8: Reversibility
In the event of the termination of the contractual relationship, regardless of the cause, the company Atelier Business Food undertakes to return or destroy the data, at the simple request of the customer, free of charge or at the rate in force at the time of notification of the termination, and within a period of 8 days from the date of receipt of this request.
In the event that the customer wishes to have his data returned, all the data
belonging will be returned to the customer in a standard legible format specified at the time the return request is taken into account.
The customer collaborates actively with Atelier Business Food to facilitate data recovery.
The company Atelier Business Food will ensure that the customer can continue to use the data, without interruption, directly or with the assistance of another provider.