TERMS AND CONDITIONS
SERVICES OF OUR WORKING SPACES
ADMITTED TO A CONTRACT TO PROVIDE Ékypé ™ WORKSPACE
GENERAL CONDITIONS OF SERVICES OF OUR WORKING SPACES ADMITTED TO A CONTRACT TO PROVIDE WORKING SPACES Ékypé ™
Version 1.9 of March 01, 2018
Article 1 - PURPOSE OF THE GENERAL CONDITIONS OF SERVICES
It is recalled beforehand the following:
The Service Provider and the Customer have agreed to a Contract for the provision of Ékypé ™ work space (s) on which these general service conditions are based.
These conditions are intended to describe precisely the services that the Service Provider (BATYCOM ™) intends to serve to its customers in the context of the occupation of its workspaces in general.
These terms of service apply in full to the Agreement between the parties and to its possible riders, except for the Articles defining the options not subscribed by the Customer.
1.1 - Definition of terms of conditions
The Contract: the Contract defines the place, the space, the services, the equipment and the duration of availability. It is based on the present conditions to define the operating modalities of the services between the Customer and the Service Provider.
Conditions: defines the terms of the services.
The Provider: BATYCOM ™
The Client: Subscriber of the Contract.
The Business Center: Location where the workspace is physically located.
Ékypé ™ workspace: one or more physical office (s) equipped with furniture and equipment, a coworking space, an activity space (warehouse, storage space) or a meeting room .
Ékypé ™ Office: Workspace equipped with furniture and equipment defined in the appendix of the Customer's Contract, made available to the Customer in the business center.
Active services: services that the Service Provider has included in its Contract carried out by qualified and shared staff.
Structural Services: Services that the Service Provider has included in its Contract as a package such as real estate service, Internet access, computer network, telephone system, photocopiers, etc.
One-off services: Non-fixed or optional services, which are consumed by the Customer, at his request, on an ad hoc or variable basis within the month (extras). Rates and monthly billing for these drinks are designated in the same way (one-off rates, one-off billing).
1.2 - Definition of services
The BATYCOM ™ business centers offer their clients a service in the form of a flat pack including the provision of a professional and / or furnished office space, shared human resources (active services), structural services, structural charges. Specific services in addition to this package may be added, depending on the specific needs of the Customer.
1.3 - Nature of the Contract
The service contract for the provision of the said workspace does not constitute a legal domicile, nor a commercial or commercial lease in any respect and the Customer can not use this address as its registered office or secondary establishment. In the event that the Customer wishes to domicile his activity instead of his workspace made available, it is necessary that the Customer subscribe this specific service to the Provider.
1.4 - Renewal of conditions of service
The Contract and the general conditions of services are tacitly renewed, except termination, according to the terms defined in the Contract.
1.5 - Modification of the terms of service conditions.
In a constant effort to improve its services, the Service Provider reserves the right to modify without notice these terms of service without modifying the terms and the amount of the Customer's Contract.
In the event that the Service Provider decides to include new shared services in the Customer's fixed price, the monthly price of the Customer's fixed price defined in Article 4 of the Customer's Contract will be retained. The Service Provider will not be able to delete services initially subscribed by the Customer, both in terms of quality and volume.
These modified terms of service will be disseminated through the Service Provider's Customer Portal and the Provider's Website.
1.6 - Communication between the parties
The Customer's requests to the Service Provider for all the services described in these conditions or its Contract must preferably be formulated digitally (through the Customer Portal, on the website simply by clicking on the tab ' 'Contact us''.
The Customer may also formulate his requests orally to the Provider. The service provider will then formulate the Client's request in writing and send it to him. However, the Service Provider will not be held responsible in the event of any problem with a deposit or a task entrusted orally. The Customer can not dispute the billing of this service in the absence of written proof.
Article 2 - CONDITIONS OF SERVICES
n addition, the Service Provider proposing, in addition to the provision of premises proper, to provide certain services to the Customer, the Contracting Parties have decided to agree to these service conditions attached to the Contract.
In general, the Client is prohibited from exercising any activity that is concurrent with that of the Service Provider during the entire duration of his contract and the Client can not use means that are specific to him or her that would put in competition the services offered by the service provider. these conditions and in its catalog of services, unless written agreement from the Service Provider.
2.1 - Provision of workspace
It is agreed that a workspace is an office equipped for one or more users, or an equipped meeting room.
The provision of the ÉKYPÉ ™ office, its equipment and useful surface area, the effective date and the duration of its availability are defined in the Services Contract.
2.2 - Renewal of the Contract
The terms of renewal of the services are defined in the Contract.
The date of submission of the termination letter starts the period of notice of termination.
The notice of termination is always deducted from the date of the beginning of the contract.
2.3 - Schedules of active services
The aforementioned active services in the Contract are operational from Monday to Friday following the hours defined in each of the Provider's business centers. (except 5 weeks of possible closing and holidays):
Other structural services are operational 24/7.
Active and structural services may be interrupted due to force majeure. The limit of liability of the Provider is equivalent to those of its Providers. In this case of an interruption of service in case of force majeure, the Provider can not be asked for any compensation in any respect
Article 3 - PHYSICAL HOME OF VISITORS
The Service Provider will welcome the Customer's visitors to the BATYCOM ™ business centers of the place of subscription.
The Provider has provided a permanence to the reception centers with qualified personnel, furniture and equipment adapted to respond in the best conditions to the aforementioned need.
The Provider will manage if necessary the access (electronic badges) of said visitors.
Visitors admitted outside the opening hours of the business centers or staying in the center after 18:00 will be under the responsibility of the Customer.
It is not possible for the Customer using one or more desktop (x) Ékypé ™ in coworking or shared space to receive visitors.
In this case, the Service Provider makes available meeting spaces or Ékypé ™ Flex offices subject to pricing.
Article 4 - TELEPHONE CALL
According to the options of the Contract, the Service Provider customizes incoming calls according to the Customer's specifications and transmits telephone calls to the persons concerned.
The Customer must provide specific instructions to the Provider so that the hostess can accommodate the correspondents according to said instructions. In the absence of instructions, those of the Provider will apply.
These specifications will be defined in a form provided for this purpose or directly on the website of the Service Provider, via its customer area.
The Service Provider shall provide the Customer with a personalized telephone hotline including answering telephone calls and transmitting messages.
The Customer must inform the hostess of his movements resulting in an extended absence of the premises if he wishes that the Service Provider can effectively manage the information to the Customer's contacts in his absence.
Outside the opening hours of the reception, the Customer has the choice between a transfer of call on an external telephone number or to a personalized voicemail (voicemail box) which is put at his disposal and can be consulted at any time. moment.
Article 5 - TELEPHONE COMMUNICATIONS - FAXES
Depending on the options of the Contract, one or more telephones are available to the Customer. Internal phone calls are free.
All external telephone calls to the business center are free of charge and are included in the service pack, excluding special or specifically priced numbers as defined in the appendix to these conditions: "TELEPHONE RATES".
The fax sending and receiving service is free. Your default fax reception is 04 86 85 51 24.
The fax machine is located at the general reception center. A personal fax number may be provided to the Customer, subject to technical availability and subject to pricing.
Article 6 - MANAGEMENT OF MAIL AND MESSAGES
According to the options of the Contract, the Service Provider receives the Customer's mail daily and deposits it directly into the Client's office in a "mail arrived" bollard provided for this purpose in his office or at the place agreed between the parties. The Customer therefore authorizes the Provider to enter the office provided to him, even during his absence, in accordance with Article 1.
Article 7 - POSTAGE SERVICE
According to the options of the Contract, the Service Provider carries out a franking service. This service includes:
- the reception of the mail departure,
- the weighing,
- postage, excluding stamp costs,
- the shipment to the sorting center of the Post Office.
7.1 - Letters
The Service Provider has an internal franking service with an automatic franking machine and approved by the Post Office.
The Customer's mail will be processed by the Post Office and you will save up to 12% of this amount on your postage thanks to the accuracy of its weighing scale.
This benefit is for an unlimited quantity.
The Customer's postage will be invoiced at the end of the month on presentation of an individual detailed invoice published by the franking machine controlled by the postal services.
The actual receipt of the Customer's mail is at 14:00 and the lifting of the mail at 15:30.
The Client gives power to the Provider to receive registered mail and parcels. If this is not the case, the Customer must express it by registered letter with acknowledgment of receipt drawn up for the attention of the Provider's administrative service.
The Service Provider does not open the Customer's mail under any circumstances, except with written authorization from the Customer or in the case of the Service Provider's Mail2Cloud subscription.
For any operation (mailing, advertising ...) that would result in an abnormal reception and sorting of mail (more than 50 letters per day), the Customer must first obtain the written authorization of the Provider. An additional cost will be billed after acceptance of a quote from the Customer.
7.2 - Size of large packages - Pricing
Packages larger than 72 cm x 45 cm on the ground are stored in a specific place in the center. The storage and guarding will be billed from the first day of its receipt and per day to the Customer on the basis of tariff of the one-off services defined in the document '' TARIFFS PONCTUELS ''.
The weight must not exceed 250 kg and the storage period must not exceed 2 weeks.
The Customer is required to notify the Provider at least 1 day before the reception provided for special packages so that the Provider can organize.
Handling equipment (pallet truck, devil, trolley) are loaned free of charge to the Customer for a period of one hour. Beyond, the price of 10 € HT per working day applies.
Article 8 - PRINTING / REPROGRAPHY
The business center is equipped with an internal copy center and photocopiers in common areas. To access the multifunction photocopiers, codes will be assigned to the Customer on the day of arrival so that he can benefit from all the functions of the machines (scanning, scan to folder or email, copy, printing).
This code is known only to Customer Service.
The meter reading on each copier by color type (B & W and color) will be done at the end of every month, and the copies will be billed monthly on the one-time bill, in accordance with current rates.
The Service Provider offers this service in two forms:
A la carte service, billed on the 28th of the current month, in accordance with Article 8, with the bill for one-off services,
Monthly fee (subscription) charged on the 15th of the current month, in accordance with Article 8, subject to separate invoicing. The subscription period is 3 months minimum. The subscription can be made during the Rental Service Agreement.
The reprographic rates are defined in the appendix '' one-off rates ''.
8.1 - Reprographic Package
The present conditions define the conditions of subscription to the reprographic services proposed by the Service Provider.
Unused copies in the month will be lost. All extra copies outside the package will be billed based on the unit cost of the package.
All finishes and special media are out of the package and will give rise to additional billing according to the quote that has been previously prepared by the Provider.
The Service Provider undertakes to satisfy any subscription request within the limit of the capacity of the reprographic systems that it operates and the quality constraints of its services.
The Service Provider undertakes to make every effort to ensure the permanence, continuity and quality of the reprographic service for which the subscription is subscribed in the coverage area of this service and assumes as such an obligation of means.
This option will be invoiced separately from the invoicing of the STARTER or BUSINESS pack (see Article 26).
It is forbidden for the Customer to install any means of printing or scanning of any kind that are unique to him, except with the written authorization of the Service Provider, in accordance with article 2 of these conditions.
The Customer may be assisted, depending on the terms of his contract for the installation and configuration of multifunction printers made available.
Article 9 - INTERNET ACCESS - COMPUTING
According to the options of the Contract, the Service Provider provides the Customer with an Internet access formula called basic and 3 optional:
9.1. Basic Internet service included in the STARTER or BUSINESS service agreement:
Unrestricted ADSL access and throughput is included in the STARTER and BUSINESS service pack.
In some centers, access to the Internet can be done by fiber optics. This is the contract that will specify Internet access to the Customer.
9.2. Optional Internet Services
Optional internet access can be chosen by the customer. This additional service will be invoiced separately from the invoicing of the STARTER or BUSINESS service pack (see Article 26)
dedicated access XDSL not guaranteed with a flow of 10 MB guaranteed.
Permanent access XDSL 30 MB guaranteed by the Provider. The Provider guarantees this access 24/7.
In the event of a debit interruption, the Service Provider will reimburse the Customer for the full monthly subscription. This system is based on a DualWan combining 2 XDSL accesses from 2 different ADSL providers, and on the Provider's Internet server that manages the traffic flow. This option will be invoiced separately from the invoicing of the flat rate package (see Article 26).
Unlimited optical fiber access guaranteed and backed up 24/7 Websure®, whose debit is defined in the Customer's contract.
These accesses are available on the Category 6 certified wired intranet network of the Business Center.
The Provider's DHCP server automatically assigns the IP and DNS addresses to the connected computer stations on the Intranet.
The Customer therefore accepts the configuration of his computer workstations.
The Customer can request a change to the standard configuration of IT solutions, such as opening a VPN port, assigning a fixed IP, and so on. In this case, the Service Provider will charge a fee per session of modification based, whose pricing is available in the customer area of the Batycom site.
Article 10 - ADMINISTRATIVE SERVICES
10.1 - Volume of assistance hours
The Service Provider includes in its service package secretarial services and administrative assistance, within a limit defined in its Contract.
10.2 - Place of execution of this assistance
These services are to be carried out at the reception of the business center by the staff of the service provider.
10.3 - Nature of the tasks of the administrative assistance.
The nature of the administrative tasks that the Provider offers to the Client are:
Organizing an event or a trip
Translation of a document (english <> french)
Any other administrative task consistent with Article 10.2.
These tasks are managed by the Customer Managers according to the availability of their activity schedule at the reception.
Any non-fixed administrative service requested by the Customer will be invoiced at a single hourly rate as defined in the appendix '' one-off service rates ''.
Article 11 - COMPUTER SERVICES
11.1 - IT Services
The Service Provider includes in its service package computer technical assistance services provided by qualified personnel (Microsoft® training) within the scope defined in its Contract. It makes available to the Customer, as an option, an Intranet network with a data backup system, a space for exchange between the customer's home and the computer station.
The Customer may request a technical intervention from the reception or via the portal of the Provider's website. The service provider's response time depends on the schedule and the workload of his IT department, which can not exceed 5 working days.
After examination, the Service Provider may refuse an intervention if it considers that it is beyond the limits of its competences, without the Client being able to request any commercial discount.
The Provider's IT services are insured by his professional insurance.
No maintenance service is provided by the Service Provider for customers who use the so-called family business license, MAC any version, but only on professional operating systems and on professional equipment.
Any hour of assistance started by the Provider is due.
11.2 - Computer Licenses
The Service Provider includes in its Business Services package computer licenses for antivirus, utilities and other software subject to the copyright of the publishers. The conditions of their use are enacted on the Provider's website in the general conditions menu.
Licenses are granted to the Customer for the duration of the Contract and must be removed from its computer stations at the end of the Agreement.
The Service Provider can not be held responsible for damage caused in case of misuse of software by the Customer.
Article 12 - PROTECTION OF PROPERTY - REMOTE MONITORING - ANTI-INTRUSION
The Service Provider provides the Customer with a sophisticated anti-intrusion system managed and tele-monitored 24 / 24h by an authorized service provider, with secure zone management by registered codes, listening for doubt and GSM transponder (in case of telephony cut).
Codes will therefore be provided to each Client staff member to activate or deactivate authorized areas, common areas and occupied premises. The personal code of the alarm is communicated to the Customer in his welcome book when he arrives in the business center.
In all cases, the central surveillance activates the anti-intrusion at 22:00. If a person wishes to continue to be present beyond this time, the control panel issues an alarm allowing the person to deactivate the automatic activation with a code of derogation.
On departure, if the Customer forgets to activate the alarm of his premises beyond 22:00, there will be no more automatic discount. The premises, as well as the common areas will be unprotected: each Client is responsible for the security of his property as well as that of other clients of the business center.
From 18:00, the doors are locked manually and it is no longer possible to freely access the business center. The use of the electronic name badge is mandatory to enter the premises. To leave the premises, use the "FREE OUTPUT" button located near the main entrance of the business center.
The Customer agrees to respect the safety rules regarding the use of the alarm system.
In the event of error handling and alarming outside the opening hours of the business centers, the Customer is obliged to identify himself at the request of the remote surveillance center. Otherwise, the police are required and intervene on the scene.
The intervention of the police forces on nuisance tripping of the alarm due to non-compliance with the instructions, in particular the non-identification at the request of the remote surveillance center, is invoiced to the Customer upon presentation of a report incident by the Service Provider or its subcontractor.
Article 13 - BADGE MANAGEMENT
The business center is equipped with an access control system fitted to each door (entrance doors, reception, premises, etc.).
Name badges will be given to the Customer under his sole responsibility.
The Client will specify to the Provider the authorized time slots for each of his collaborators (permanent, office hours, all possibilities being possible).
The effect of taking into account is a maximum of 4 hours.
Fees for the creation and management of badges of 25 € per badge per badge will be requested for each badge created.
A modification of access times is free per month.
Any loss or theft must be reported without delay so that the Service Provider can neutralize the badge.
The Customer undertakes to communicate these safety instructions to any employee to whom he has entrusted an access badge.
In case of emergency, it is possible to cancel a badge.
Each movement is tracked and recorded electronically and in paper format (water print), which makes the recording of data inviolable.
This data may be consulted at any time at the technical room or the reception of the business centers by any authorized person.
Article 14 - PROVISION OF RELAXATION SPACE
The Provider makes available to all the Customer's staff a relaxation area with a reading area, a TV, a hot and cold drinks dispenser and / or a confectionery dispenser.
This space consists of a furnished space equipped with microwave, refrigerator and freezer.
Several subscriptions to daily and monthly magazines are available to the Customer in this space. They must not go out under any circumstances.
This space is reserved in priority to the Client, his staff, the Provider's guests or his subsidiaries.
The maintenance of this room is ensured by the Provider.
Article 15 - MAINTENANCE OF PREMISES AVAILABLE
The Contractor pays for the maintenance of the ÉKYPÉ ™ space defined in Article 1 once a week with the following cleaning and dusting services:
Emptying garbage cans
Dusting furniture and unencumbered equipment
Disinfection of handsets
Window cleaning 1 time / month or as needed.
Article 16 - MAINTENANCE - MAINTENANCE
The Service Provider takes care of the maintenance of the spaces provided, such as the replacement of bulbs, the lubrication of door frames, electrical maintenance. The Customer therefore authorizes the Provider to enter the office provided to him, even during his absence, in accordance with Article 1.
Degradation by the Customer of partitions, false ceilings, carpet and tiles, and other equipment made available to him will be invoiced on the basis of the inventory.
Article 17 - PRIVATE TRANSPORT OF PERSONS
In the context of this Contract, the Service Provider makes available to the Customer shuttles between:
- Pertuis / Station Aix-en-Provence TGV
- Pertuis / Marseille-Provence Airport
- or 25 Km around Pertuis
The transport of the Customer or his contacts will be carried out by the means of the business centers through agreements of an outside company at the rate of two round trips monthly not cumulative, from Monday to Friday during the opening hours of business centers. Whatever the journey, the driver's return time must be entered in the opening hours.
Trips outside these time slots are subject to varying billing depending on the destination.
Are not supported by the Service Provider, waiting charges of more than 10 min (at the hourly rate defined in the schedule '' tariffs '') and night rates (at the hourly rate defined in the appendix) '' one-off rates '') in relation to the pick-up time. The waiting costs are invoiced on the basis of 50 € HT per hour.
In the case where the Customer has not used the shuttle routes of the Provider, they will not be cumulative in any case the following month or refundable.
Article 18 - PROVISION OF SUPPLEMENTARY MATERIALS - CHANGE OF OFFICES
18.1 - Additional Equipment - Additional workspace at the original workspace.
In the event that the Customer requests additional equipment and / or an additional ÉKYPÉ ™ office, his / her request will not result in a new Contract or specific amendment to this Contract, regardless of whether this provision is free of charge or not.
The BL, the invoice and the schedule modified with the additional services paid term to be completed are sufficient to complete and replace the present personalized contractual conditions of the Customer, not modifying the other Articles of this Contract.
18.2 - CHANGE OFFICE ÉKYPÉ ™
18.2.1 - Change of office ÉKYPÉ ™ in an identical range on the choice of the Client
The Customer has the possibility to change the office, in an equivalent range with the same number of users to the one he has subscribed to initially, and this one time maximum in his rental period, free of charge, according to the conditions of the reception of the Provider and after his written agreement. The technical costs of brewing and the costs of moving his personal effects are not borne by the Service Provider. Beyond this, technical development costs will apply, based on the "SAV rates" defined in the appendix.
18.2.2 - Change of office ÉKYPÉ ™ in an identical range on the choice of the Provider
The Service Provider has the option to change the Office Client for different reasons, in a range equal to or greater than that which the Customer originally subscribed, without modification of its Contract. The costs of moving his personal effects, the technical costs of brewing are borne by the Provider.
18.2.3 - Change of office ÉKYPÉ ™ in a higher range on customer's choice
In case of availability of an office ÉKYPÉ ™ of a higher range on the choice of the Customer, it will be invoiced the complement between the initial price of the Contract and the new price of the service pack office ÉKYPÉ ™, the mentions on the amended invoice with the additional services, its payment term to expire, are sufficient to complete and replace the present personalized contractual conditions to the Customer, not modifying the other Articles of this Contract.
The Customer can - of his own choice and as far as possible - go upmarket, but can not go below that of the initial Contract.
18.2.4 - State of play
For each change of office, an inventory of incoming and outgoing will be made, in accordance with Article 19.
Article 19 - STATE OF THE PLACE
An initial contradictory inventory of fixtures will be made when the office (s) takes effect and a final contradictory state of affairs at the departure of the Customer, at the latest on the last day of the Contract, and after the move. personal effects of the Customer. In the event of absence of inventory of fixtures, and in accordance with the legal provisions in force, all the material resources made available and the premises described in this Contract and its appendices are considered in perfect condition, new and the quantitative ones in accordance with Contract.
Article 20 - RIGHT OF ACCESS TO PERSONAL INFORMATION
The Service Provider takes appropriate measures to ensure the protection and confidentiality of the personal information of the Customer that it holds or that it processes in compliance with the provisions of the law, relating to computers, files and freedoms.
The information collected under this Agreement is binding except for those that are reported to be optional. They may give rise to the exercise of the individual right of access and rectification to the Service Provider in the conditions provided for by the deliberation n ° 80-10 of 1 April 1980 of the National Commission for Data Processing and Freedoms.
Article 21 - CONFIDENTIALITY
Documents and / or discussions may involve the disclosure and disclosure of information relating to the Customer's knowledge, some or all of which is the property of the Customer and of a confidential nature, as a whole hereinafter referred to as "the Information".
The parties hereby wish to define the conditions under which disclosure and disclosure of information may be made.
It was then agreed that:
The Service Provider accepts and acknowledges that all rights in the Information disclosed to and communicated by the Customer are reserved for the Customer as sole and sole property of the Customer.
The Service Provider agrees to treat the Information as confidential.
The Service Provider undertakes not to divulge the Information.
The Service Provider acknowledges that the written data is and will remain the property of the Customer, and that such written data may not be copied or reproduced without the express written consent of the Customer. Originals and all copies of such written data must be returned the day following any request from the Customer.
The Service Provider undertakes to provide all the necessary care to the information and at least those applied to its own information of equivalent importance, so as to avoid publication, unauthorized disclosure of the information, or use of the information other than for the aforementioned discussions.
The Service Provider undertakes, in the event that it proves necessary to disclose to Third Parties the Information or part of the Information, to request from the Customer a prior written authorization mentioning the third parties concerned and the information to be disclosed. .
An Information does not benefit from the protection conferred by this Agreement if, at the date of this Information, such information was already obtained by the Third Party Provider, lawfully and without restriction, publicly available otherwise than because of the fault or the negligence of the Customer.
The Service Provider undertakes to inform the Customer without delay and in writing of any event occurring during the Contract that may modify it.
If any part of the Information falls within one of the exceptions mentioned above, the remaining Information will continue to benefit from the protection of this article.
Any Information disclosed and communicated to the Provider on any medium whatsoever will remain the property of the Customer and will be returned or destroyed, in originals and copies, upon request.
At his request, the Service Provider will send the Customer a certificate of destruction.
Any modification of the clauses of this Contract must be the subject of a registered mail with acknowledgment of receipt to the party concerned and to the following addresses, except change of address notified in writing.
This Agreement applies to both parties mentioned above, and also to any legal entity that is directly or indirectly, in fact or in law in a position to control or in a position to be controlled by the parties.
The clauses of this article will remain in force for 10 (ten) years from the effective date of signature of this Agreement.
This article of this Agreement must be interpreted and applied in accordance with French laws and regulations. Any dispute concerning this article, without prior settlement will be brought before the competent courts. Similarly, in the event of the Service Provider's failure regarding this Contract, it will be systematically brought before the competent courts.
Article 22 - RECIPROCAL OBLIGATIONS
The Customer undertakes to work in collaboration with the conditions set by the Provider.
The Service Provider undertakes to respect the daily instructions of the Customer.
The Service Provider undertakes to provide high-performance equipment and equipment, in perfect working order and with an obligation of means in return for payment of the due dates of its Contract by the Customer.
The Customer undertakes to respect and manage the goods and equipment made available to him as a good father. He undertakes to pay the total amount of the Contract in the form of a monthly schedule in accordance with a monthly payment fixed in his Contract.
In the context of pooling the resources and services that the Service Provider offers to its customers in its business centers, the Customer also undertakes to consume, on the subscription year and following, one-off services of a certain value. 10% of its Contract to not jeopardize the pooling model made available by the Service Provider to its customers. It enters into the base of calculation of the 10% the subscriptions punctual or not to the rooms of meeting, the services of reprography, the services of VTC, the services of restoration, the services of urgent dispatching (UPS). Postage, maintenance and other services are excluded.
In case of non-consumption of all or part of the said one-off services by the Customer, the Service Provider will automatically invoice all or the remainder of the amount of the 10% at the end of the Contract Period in consideration of the financial losses related to the non-exploitation of means available to the Customer. This amount may be deducted from the deposit which must be reconstituted in accordance with Article 25 of these conditions.
Article 23 - RESPONSIBILITIES - CPR INSURANCE
The Customer is bound to respect the security rules of the Provider under penalty of being held liable.
The Customer is obliged to provide a valid professional liability insurance certificate no later than the day of the effective date and each renewal period of the Contract, at least once a year.
The movable property of the office is insured by the Insurer's insurer, and a certificate of insurance can be issued to the Client if he so wishes. The Client's personal property is not insured by the Service Provider's insurance and the Client can not hold the Provider liable for any incident caused by a third party or an event beyond the Provider's control.
Article 24 - GUARANTEE DEPOSIT
At the signing of the Contract, the Customer is asked for a deposit of an amount varying between 1 and 4 monthly installments depending on the duration of the Contract and the value of the equipment made available. The Customer who refuses to make the deposit or advance billing requested by the Service Provider would see his Contract terminated without any compensation, in accordance with Article 26.
24.1 - Return of security deposit
It is agreed that the definition of a deterioration is a deliberate or unauthorized alteration of a good or equipment made available. It is not a question of obsolescence, since the material is always maintained in its original performances.
The obsolescence concerns the wear of the seats of the seats, the carpet, and occurring of any normal use.
In the case of damage to property or equipment made available, the building or common areas noted during the inventory of places of exit in relation to the annex "commitment restitution workspace ÉKYPÉTM" or in the case missing equipment, invoices not paid for any reason whatsoever, the deposit will not be refunded or returned, used to cover the damage, the penalties and care and the damage suffered by the Provider, including the work and the loss of exploitation for the time of rehabilitation, the follow-up, without this list being exhaustive according to the damage undergone.
If the amount of the damage exceeds the amount of the deposit, the difference will be billed to the Customer based on the tariff rate of the current service charges.
The deposit can not be used to offset the payment of the invoice (s) in progress at the end of the Contract, but can be kept by the service provider until the payment of these invoices is paid by the Customer.
24.2 - Period of return of the deposit
The security deposit will be returned to the Client in compliance with Article 25 within a period of two months maximum from the date of departure of the customer indicated in the contradictory inventory of places of exit.
Article 25 - AMOUNT OF SERVICES - INVOICING
The monthly amount of services and other charges are defined in the Customer Agreement.
25.1 - Validation of invoicing
25.1.1 - Invoices for workspaces
The Client receives its annual invoice and its schedule at the beginning of the Contract, the terms of payment of which are described in the Contract.
There is no validation by the Customer on these invoices.
25.1.2 - One-Time Service Invoices
The Service Provider presents to the Customer before the 03rd of the following month a validation form of the services consumed by the Customer in the month with all the associated supporting documents (BL, email, etc.). The Customer must validate this form before the 05th of the month. Validation is understood as an agreement between the parties on said consumptions of the current month. The consumption sheet will be billed automatically to the Customer after the 06th of the month without any objection from him.
In the event of a billing error noted a posteriori of the validation of the Customer, an asset in the consumption record will be established by the Service Provider which will be deductible from the amount of the next one-time service bill.
25.3 - Method of payment of invoices
The Customer can also pay his bill by credit card or bank transfer. The payment by credit card gives right to an increase of 0,5% of the amount TTC of the one-time invoices of the Provider to compensate his management fees which will be invoiced on his next one-off invoice.
In the case of payment by transfer, the actual date of receipt will be used to calculate any penalties for late payment.
Payments by check are not accepted, except written waiver in the Customer's Contract.
The minimum amount of an invoice excluding small hotel is 20 € HT. If the amount consumed in the month is less than this amount, it will be carried over to the next month until all services consumed reach this amount. In the event that this amount is not reached at the end of the Contract, the Customer will be charged a delta between the services consumed and the minimum charge of € 20.
Article 26 - SUSPENSION - INTERRUPTION OF SERVICES
In case of non-payment by the Customer of sums due or non-compliance with the contractual clauses (voluntary degradation of equipment, non-compliance with safety instructions, etc., and after the sending of a reminder letter remained without effect at the end of the period specified in the said letter and in Article 8, the Service Provider may suspend the services to which the Client has subscribed.
In this case, the services are suspended and the Contract remains valid for the remaining time until its renewal date.
The Customer remains liable for all monthly payments and sums remaining to be collected by the Provider between the month of suspension and the end of the Contract.
The suspension of services therefore entails the immediate payment of all sums remaining due to the Service Provider until the end of his Contract. In particular, the Client remains bound by the obligations covered throughout the duration of the Contract.
In the case of tacitly renewable contracts, the suspension of the services of the Contract entails de facto the cessation of invoicing at the end of 12 months maximum, except termination by the Customer defined in accordance with Article 1.
The Contract therefore automatically ends at the end of this period, without further formalities.
Article 27 - TERMINATION OF THE CONTRACT - TERMINATION
At the end of the Contract, in the case of non-renewal of the Contract, the Customer must return his (or her) office (s) ÉKYPÉTM and the equipment made available to him in the state in which they were when the Provider has them. made available at the beginning of the Contract, except for normal wear and tear on the equipment.
In the event of necessary restoration work, the Customer is responsible for the time of repair and the inherent costs.
The Client may, in accordance with the procedures communicated by the Provider's administrative department and subject to being able to justify, exceptionally terminate the Contract in case of occurrence, during the execution of the Contract, of: judicial reorganization or liquidation of the Client,
In these cases, the deposit is not returned as compensation for the damage suffered by the Service Provider.
The Contract may be terminated by the Service Provider, without the Client being entitled to any compensation, in the following cases:
non-payment of the deposit or payment of the monthly installment of its Contract,
late payment of a service invoice of more than 30 days,
misrepresentation by the Customer regarding the Contract,
if the Customer does not respect the following commitments:
Communicate regularly its existence situation, if it is required,
Non-compliance with the Provider's internal rules,
Anything that might jeopardize the image of the Provider,
Non-compliance with its tax, social and legal obligations
Non-payment of monthly payments, no delay of more than 30 days being authorized,
False information given by the Client to the Provider about his situation.
In the event of the Client's death, the Service Provider may terminate the Contract as soon as it becomes aware of it unless the rights holders wish to continue it. They are then committed to the sums due under the Contract until termination in accordance with Article 9.
Article 28 - OCCUPATION OR IMMOBILIZATION OF PLACES AFTER TERMINATION OF THE CONTRACT
If, after termination or termination of this Agreement for any reason, the office was not returned to the Provider on the day agreed between the parties or the last day of the availability of the office, free from any occupation, in perfect condition, furnished with all the equipment initially made available in perfect condition with the same manufacturer's reference, the occupancy or immobilization indemnity due by the Customer up to the return in the conditions stipulated in the Contract is due as of right. Each day due for the restoration of the Provider's property will be equal to the last monthly payment plus 50% pro rata temporis.
In addition, in such a case, the security deposit will be retained by the Service Provider as irreducible lump sum compensation for the delay in renting for other customers and the eventual costs of the procedure will be borne by the Customer, all without prejudice to all other damages and interests.
In case of occupation by personal effects of the Customer for any reason whatsoever, they will be put in a furniture storage for 30 days after the date of return. The costs of guarding and moving will be billed to the Customer. The Provider will inform the Client by registered mail of this situation inviting him to recover his personal effects as soon as possible
After 30 days of guarding, the Service Provider releases all liability and destroys such personal belongings of the Customer. The costs of destruction and the penalties and care will be borne by the Customer.
Article 29 - INDEMNITY FOR OPPORTUNITY TO EMPLOY EMPLOYEES OF THE SERVICE PROVIDER AND ITS SUBSIDIARIES
In the framework of the collaboration with his customers, before, during and after the Contract, the Service Provider makes available qualified personnel, trained in the requirements which are requested by the Customer, or to the legal entities which are attached to him. This collaboration creates a hiring opportunity for the Service Provider's employees by the Customer or its subsidiaries.
In cases where the Client wants to hire the Service Provider's personnel, whether during the operation of the Service Contract, or 1 year after termination of the said Contract, directly or indirectly through a third party, that either by hiring as an employee or as a temporary employee, the Client, its subsidiaries or the entities of the Client's group must indemnify the Service Provider for 6 months of the employee's gross salary, at the latest last day of the notice of the said employee within the workforce of the Provider.
Article 30 - REVISION OF THE AMOUNT OF SERVICES
The price of the provision is not subject to the increase of the cost of the construction index, it remains constant over the initial duration of the Contract defined in Article 1.
The Service Provider may possibly increase the monthly payment of the Customer's Contract after the initial period of the Contract if the situation so requires. This increase will then be applied to the second and subsequent renewal periods, which may not exceed 5% of the initial amount, unless otherwise agreed. This possible increase will not give rise to any amendment to the Contract concluded between the Client and the Service Provider. A letter of proof will be sent to the Customer with his new invoice in the form of a schedule.
Article 31 - AMENITIES, FACILITIES AND WORKS
The Customer will not be able to make on the premises of his own initiative, any change of furniture layout, change of lock, piercing of walls, floors, paving, flooring, demolition, alteration of electrical or computer distribution, no machinery installation, regardless of the source of energy, and for no reason.
The Customer will inform the Service Provider of the changes he wishes to make to the configuration of the space available to him. The Service Provider will notify the Customer of its agreement within one month. After this period, without a response from the Service Provider, the request is considered as refused.
In case the service provider deems it useful, financial compensation will be requested from the Client on a presentation of an estimate which must be accepted by the Customer before any intervention by the Service Provider.
In the event that both parties agree, only the Service Provider's staff is authorized to make the adjustments requested by the Client.
The Client will not be able to install any additional furniture or equipment, whatever the nature, except with the written consent of the Provider. The use of household or electrical appliances producing a heat source such as coffee makers, kettles, grills
bread, etc. is strictly forbidden on electrical installations for safety reasons.
All furniture, works, embellishments, improvements, installations and any construction will become, at the end of the present Contract, the property of the Service Provider without indemnity and without prejudice to the right reserved to the Provider to require at the expense of the Customer the reinstatement premises for embellishments that would have been authorized or not by him, unless otherwise agreed in writing.
The work of reconditioning will be billed to the Customer at the end of the Contract.
The Customer must return the premises in their original configuration of entry no later than the last contractual day of the provision of his Contract.
Article 32 - JURISDICTION
For disputes arising from the interpretation or application of these conditions of service, only the Commercial Court of Aix-en-Provence in France will be declared competent.
Article 33 - TRANSFER OF CONTRACT
Any total assignment of this Agreement is not authorized to the purchaser of the Client's business subject to the notification provided for in Article 1690 of the Civil Code.
Any partial assignment is strictly prohibited and will result in the termination of the Contract.
Any assignment granted in violation of the preceding paragraph would result in the termination of this Agreement in accordance with § 1.11.
In addition, the assigning Client will jointly and severally guarantee with the assignee and all successive assignees the payment of the monthly installments and accessories and, more generally, the fulfillment of the clauses and conditions of this Contract.
The foregoing provisions apply to all cases of transfer of the right of this Contract in any form whatsoever, particularly in the case of contribution to a company.
In all cases, the Client will make the assignment by authentic deed and will provide the Service Provider, without charge for it, an executable copy of the deed of assignment to serve as an enforceable title, both against the assignee and against his assignor.
The Client will not be able to give his business at the disposal of management, except with the written authorization of the Provider.
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