-GENERALTERMS AND CONDITIONS OF SERVICE
AND USE OF THE SITE -
The present General Conditions have been drawn up in the interest of FUTURES COLLABS. Any reproduction is forbidden.
1. Purpose of the general terms and conditions
The FUTURES COLLABS company's business is to simplify the communication of solidarity actions carried out by not-for-profit players by putting associations in touch with companies via digital means, and in particular an online platform, and to contribute to the development of corporate social and environmental responsibility.
These General Terms and Conditions define the commercial relations and conditions under which FUTURES COLLABS (hereinafter referred to as "FUTURES COLLABS") makes the following services available to professional customers (hereinafter referred to as "the Customer") and associations (hereinafter referred to as "the Association"), and collectively as "the User", at their request: consulting, assistance, content design and writing, and the provision of a platform for connecting companies and associations on the "www.futurescollabs-plateforme.fr" website.
The Company's contact details are as follows:
Company FUTURES COLLABS
Head office: 14, avenue Cumba
BIDART (64210)
Email : pierre@futurescollabs-plateforme.fr
Phone : 06.22.67.36.95
2. Scope of application
The present General Conditions apply, without restriction or reserve, to the use of services and technological tools made available by FUTURES COLLABS to Customers and Associations.
All Users are reminded of these General Terms and Conditions before they register for the first time on the https://futurescollabs-plateforme.fr website, and they shall take precedence, where applicable, over any other version or any other contradictory document. The present General Conditions are accessible at any time on the website. Thus, by simply browsing the site, the User is deemed to have accepted these General Conditions.
Any registration on the https://futurescollabs-plateforme.fr website implies that the Customer or Association is aware of and accepts these General Terms and Conditions.
3. Access, registration and subscription
3.1 - Conditions of access to Services
By registering, the User declares that he/she has the capacity to contract and use the Services offered on the https://futurescollabs-plateforme.fr website.
The following information must be provided by the User in order to finalize his/her registration: company or association name, employee's first name, e-mail address.
The User undertakes to ensure that the photographs, videos, texts and any other content submitted or broadcast on the Website do not infringe the rights of FUTURES COLLABS, third parties or other Users, and in particular intellectual property rights, personal rights, the privacy of any person, public order and morality.
FUTURES COLLABS will validate the advertisements posted by the User beforehand, but cannot be held responsible for the accuracy or inaccuracy of the information and content provided. The User undertakes to provide correct, complete, accurate and up-to-date information and to inform FUTURES COLLABS within TWENTY-FOUR (24) hours of any desired changes. Failing this, the advertisement is deemed to have been accepted by the User.
The Customer and the Associations undertake not to communicate, insert or make visible any information or content incorporating links to third-party sites which are illegal or infringe the rights of third parties, or which have the effect of slowing down, reducing and/or preventing the normal operation of the Site.
The User undertakes not to advertise for a non-registered structure and not to use the Site to send unsolicited mass messages (advertising or otherwise).
The User declares that he/she is aware that FUTURES COLLABS may monitor or examine any content published or exchanged, as well as the possibility of blocking or reporting any User who does not comply with these Conditions.
FUTURES COLLABS reserves the right to modify, block, suspend or delete the profile of a user of the Site in the event of non-compliance with the Conditions, without prior notice or compensation.
The information, images and data provided by the User are the exclusive responsibility of the User. Consequently, the User waives any recourse against FUTURES COLLABS, in particular on the basis of any infringement of his/her right to image, honor or reputation.
The User must have the necessary equipment to use the Internet or the platform's mobile applications.
At the time of registration, FUTURES COLLABS verifies the e-mail address entered by the User by sending a registration notification e-mail containing a link to a page enabling the User to continue his/her registration. The User has seven (7) days to confirm his/her registration by activating this link.
In the event that the User has not confirmed his/her e-mail address or has not received this notification at the e-mail address provided within the aforementioned period of seven (7) days, the link is no longer active and the User is invited to send a link to himself/herself when connecting to the Site again.
3.2 - Suspension or termination of Services
3.2.1 - The User may at any time request suspension of registration and use of the Platform.
To terminate or suspend a subscription, the User must check the "unsubscribe" box on the Site's "settings" page.
In order to finalize their request, the Customer or Association must send a registered letter with acknowledgement of receipt to FUTURE COLLABS to notify them of their wish to terminate their subscription.
This request will not give rise to reimbursement of the Subscription for the period remaining until the expiry of the Subscription, including a notice period of one month from the first presentation by La Poste to FUTURE COLLABS of the said registered letter.
The User will then receive an e-mail confirming the deletion or suspension of his account and the date of termination/suspension of his subscription.
3.2.2 - In the event of non-compliance with these Conditions, FUTURES COLLABS may refuse access, suspend or terminate the services and access provided to the User, without any reimbursement of the Services and without prejudice to any damages that may be claimed by FUTURES COLLABS or another User.
4. Services offered by the platform
4.1 - FUTURES COLLABS publishes announcements of requests for assistance (human, material or financial) requested by Associations and enables companies to respond to these requests online by making contact.
FUTURES COLLABS provides an instant messaging tool on the site, enabling direct discussion between Associations and Customers.
4.2 - Use of the platform is free of charge for Associations (excluding any connection costs invoiced by the operator) and subject to a charge for Customers under conditions defined with FUTURES COLLABS.
4.3 - A company activity report will be sent by FUTURE COLLABS to the Customer at the end of each year and by December 31st at the latest, in order to establish the various events in which the Customer has participated and the various actions carried out and contributions made by the Customer.
4.4 - FUTURES COLLABS may include hypertext links to third-party websites, including non-profit financing platforms. FUTURES COLLABS shall not be held liable for any direct and/or indirect damage that may result from the use of tools, content, data or information of any kind accessible from said hypertext links.
5. financial conditions
5.1 - Prices
Services are provided at FUTURES COLLABS rates. Prices are expressed in euros and exclude VAT.
5.2 - Terms of payment
The price is payable in cash, by bank transfer or direct debit, in full on the day the invoice is presented to the customer.
5.3 - Terms of payment
In the event of late payment and payment of sums due by the Customer beyond the payment date shown on the invoice sent to the latter, late payment penalties calculated at the monthly rate of 5% of the price of the Services, shown on the said invoice, will be automatically and by right acquired by FUTURES COLLABS, without any formality or prior formal notice. In addition, any delay in payment shall automatically entail the application of a flat-rate penalty of forty (40) euros, without prejudice to late payment penalties.
In addition, FUTURES COLLABS reserves the right to suspend or cancel the services and access provided to the Customer in the event of non-compliance with the above payment conditions.
All payments to FUTURES COLLABS are deducted in priority from the sums that are due the earliest.
6. Terms and conditions of use
6.1 - Use of Services
The User will be given a strictly confidential and personal login and password to access the Services. The choice and use of a Service is the sole responsibility of the User, as is the information transmitted by Users.
The User may at any time choose to modify his/her email address and/or password on the Site's "Settings" page.
In the event of usurpation of personal information, or if the behavior of another User does not comply with legislation or these Conditions, the Customer must immediately inform FUTURES COLLABS.
The Customer agrees not to use the Services for any illegal, unlawful, harmful or malicious purpose.
The operation of the Services may be temporarily interrupted for maintenance, updating or technical improvements, or to change the content and/or presentation.
6.2 - Modification of Services
FUTURES COLLABS may develop and modify the content and/or functionality of the Services at any time in order to improve their quality.
7. unforeseen
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract is definitive or persists beyond TWO (2) months, the present contract will be purely and simply terminated in accordance with the terms defined below.
8. force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of THIRTY (30) days.
Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.
If the impediment is definitive or exceeds a duration of THIRTY (30) days, the present contract will be purely and simply terminated in accordance with the terms defined below.
9. termination of the contract
9.1 - Resolution for unforeseen circumstances: Resolution for the impossibility of performing an obligation that has become excessively onerous may only occur THIRTY (30) days after receipt of a formal notice declaring the intention to apply the present clause, sent by registered letter with acknowledgement of receipt or by any extrajudicial act.
9.2 - Termination for force majeure: Termination by operation of law for force majeure may only take place FIFTEEN (15) days after receipt of a formal notice sent by registered letter with acknowledgement of receipt or by any extrajudicial act. However, this formal notice must state the intention to apply the present clause.
9.3 - Termination for non-performance - In the event of non-fulfilment by either party of its contractual commitments and in particular for the Customer, of payment on the due date of the services ordered from FUTURES COLLABS.
The Party suffering the default may then notify the defaulting Party by registered letter with acknowledgement of receipt, of the termination of the present contract, FIFTEEN (15) days after receipt of a formal notice to perform which has remained unsuccessful.
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present agreement will be validly put in default by the mere due date of the obligation.
9.4 - Consequences of termination - The services exchanged between the Parties since the conclusion of the contract and until its termination having found their usefulness as and when the contract is reciprocally performed, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
In any event, the injured party may apply to the courts for damages.
10. liability of future collabs - warranty
10.1 - FUTURES COLLABS undertakes to exercise all due care and diligence in carrying out the assignment entrusted to it.
10.2 - FUTURES COLLABS undertakes to keep confidential all data and information transmitted to it by the User, unless said data and information have fallen into the public domain or their disclosure is made necessary by virtue of a specific regulation or an administrative or judicial injunction.
10.3 - FUTURES COLLABS may only be held liable in the event of wilful misconduct and is limited to direct damages to the exclusion of any indirect damage of any nature whatsoever (loss of data, customers or business, loss of chance or opportunity, damage to reputation, etc.). FUTURES COLLABS cannot be held liable for simple errors or omissions that may have occurred despite all the precautions taken by FUTURES COLLABS. FUTURES COLLABS cannot be held responsible for any damage resulting from the use of the site, or for any consequences that may arise during or at the end of meetings, events or contacts between companies and Associations, following the use of the site.
10.4 - FUTURES COLLABS declares that it is insured for professional civil liability with a reputable and solvent company.
10.5 - In order to assert its rights, the Customer must, on pain of forfeiture of any action relating thereto, inform FUTURES COLLABS, in writing, of the existence of the grievances complained of within a maximum period of FORTY (48) hours from their discovery.
FUTURES COLLABS will rectify or have rectified, at its exclusive expense, according to the appropriate methods agreed by the Customer, the services deemed defective.
11. intellectual property
FUTURES COLLABS owns all intellectual property rights to the https://futurescollabs-plateforme.fr website . The site's content, structure, design, interfaces, databases and texts are protected by French and international intellectual property laws.
Any total or partial reproduction of this content without authorization from FUTURES COLLABS is strictly prohibited and may constitute an infringement of copyright.
It is forbidden to make extractions by temporary or permanent transfer or to use, exploit, market or make available to the public all or part of the https://futurescollabs-plateforme.fr site and other databases visible on said site, for commercial or other purposes.
The User publishes content (text, images, logos, brands, photographs, etc.). As such, the User remains the owner of the rights to said content that he/she has provided. However, the User grants FUTURES COLLABS, who accepts it, a non-exclusive and free license to use said content. This license covers the right to use said content and to grant sub-licenses for the purposes of carrying out its missions. This license will remain in force for two (2) years from the date of publication of the content. The User must ensure that he/she has all the necessary authorizations giving him/her ownership and/or right of use over the elements communicated, and that the intended use of the images, photos, logos, texts, videos, data and elements of any kind complies with the regulations in force.
The User releases FUTURES COLLABS from any liability in the event of legal action, or liability claims in general, brought by a third party, in respect of elements transmitted to FUTURES COLLABS by the latter.
12. personal data - confidentiality
The personal data collected from Users is subject to computer processing by FUTURES COLLABS, which is essential for processing registrations and providing services. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations for as long as necessary for the performance of services. FUTURES COLLABS keeps the User's data for the duration of the commercial relationship and for commercial prospecting purposes for a maximum of 3 years from the end of this commercial relationship.
The data controller is FUTURES COLLABS. Access to personal data will be strictly limited to FUTURES COLLABS employees authorized to process such data by virtue of their position. The information collected may be communicated to third parties bound to the company by contract for the performance of subcontracted tasks, without the User's authorization being necessary.
In the context of the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, FUTURES COLLABS will not sell, rent, transfer or give third parties access to data without the User's prior consent, unless it is obliged to do so for a legitimate reason.
If the data is transferred outside the EU, the User will be informed and the guarantees taken to secure the data will be specified.
The User is responsible for the accuracy of the information transmitted to FUTURES COLLABS. In accordance with the applicable regulations, the User has the right to access, rectify, delete and port data concerning him/her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the following postal or e-mail address: pierre@futurescollabs-plateforme.fr.
FUTURES COLLABS undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and following up orders, and for commercial prospecting. FUTURES COLLABS will take all necessary measures to ensure the confidentiality and security of said data. The User has the right to lodge a complaint with the CNIL.
13. modification of the present
FUTURES COLLABS reserves the right to modify all or part of these Terms and Conditions as well as the content of its website.
14. customer and association acceptance
The present General Conditions are expressly agreed and accepted by the User.
The User declares and acknowledges that he is fully aware of these terms and conditions, and therefore waives the right to invoke any contradictory document, in particular his own general terms and conditions, which shall be unenforceable against FUTURES COLLABS, even if he is aware of them.
15. nullity
If one or more of the provisions hereof are held to be invalid by any law or regulation, or declared invalid by a final decision of a competent court, they shall be deemed to be unwritten, and the other provisions hereof shall remain in full force and effect.
16. non-waiver
No failure, neglect or delay by any Party to exercise any right or remedy under this Agreement shall be construed as a waiver of such right or remedy.
17. contract language - applicable law - disputes
The General Terms and Conditions and the contracts arising from them are governed by French law.
The General Conditions are written in French. Should they be translated into another language, the French text alone shall prevail in the event of a dispute.
The courts of BAYONNE shall have jurisdiction over any dispute of any nature whatsoever relating to these general terms and conditions, to sales and to agreements arising therefrom, concerning their validity, interpretation, performance, resolution, consequences and consequences.
Complaints should be sent by e-mail to pierre@futurescollabs-plateforme.fr or by post to BIDART (64210) - 14 Avenue Cumba.
ACCEPTANCE BY THE CUSTOMER OF THESE GENERAL TERMS AND CONDITIONS OF SERVICE
This quotation and these GSTP must be signed and returned to :
Company FUTURES COLLABS
Head office: BIDART (64210) - 14 Avenue Cumba