These general terms and conditions are written in French in their original version which is authentic and prevails over any other version translated into a foreign language.
These general terms and conditions apply in their entirety to all software licences published by ARTEFACTO, hereinafter referred to as “software (s)”, as granted by the company, by way of a subscription contract, including provisionally for trial, with professional customers, hereinafter referred to as “Subscribers”, from its website with the address http://www.urbasee.com.
They constitute the essential and decisive conditions and prevail over any general conditions and any other documents emanating from the Subscriber, whatever the terms. Also, any order of a subscription to a software addressed to the company ARTEFACTO implies the unconditional acceptance of the rates of the company ARTEFACTO and these general conditions.
The fact that ARTEFACTO does not prevail at any time of a prerogative recognized by these general conditions cannot be construed as a waiver by the latter to avail itself subsequently of the prerogative Corresponding.
Each of the stipulations of these general conditions shall apply to the fullest extent permitted by law and the nullity in whole or in part of a clause would be without influence on the remainder of this clause and all general conditions.
APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
Any question relating to these general terms and conditions, as well as to the orders and subscription contracts which they govern, shall be governed by French law.
In the event of a dispute, any dispute relating to these general conditions, as well as to the orders and subscription contracts which they govern, shall be the sole competence of the commercial court of the jurisdiction of the registered office of the company ARTEFACTO (France), even in the case of interlocutory proceedings, appeals for collateral, incidental claims or plurality of defendants.
However, in the event of a dispute with a non-EU subscriber, the dispute may also be decided, at the request of the company ARTEFACTO, by arbitration before an arbitral tribunal composed of three arbitrators, each of the parties designating an arbitrator, the third arbitrator being appointed between the two preceding arbitrators, or in the absence of such an agreement, by the President of the commercial court of the Head Office of the company ARTEFACTO (France). The arbitration will be held in Paris, in French language and will be judged in accordance with French law. The arbitral award will be rendered as a last resort.
Any order of a subscription implies the opening of a customer account on its website http://www.urbasee.com.
Once its registration is validated, the Subscriber has access to a personal account which consists of a series of personalized Web pages allowing him or her to access the online subscription services of the site http://www.urbasee.com.L ‘ username and password assigned to subscribers are personal and confidential. Also, subscribers agree not to disclose them to third parties. In any event, subscribers will be solely responsible for the use of their username and password, as well as actions that can be made under their account and/or with their password.
Each Subscriber must immediately inform ARTEFACTO of any unauthorized use of its username and/or password. In particular, subscribers must ensure that they do not disclose their codes to third parties or unauthorized staff members and must ensure the security of their communications and the storage of their data in such a way as to avoid piracy or dissemination of their Use codes to any unauthorized person. In case of loss of their username and/or password, subscribers must request a new one from the company ARTEFACTO.
ACCESS TO THE WEBSITE
The website http://www.urbasee.com and its services are reserved only for professional customers and are accessible 24 hours a day and 7 days a week, subject to suspensions due in particular to failures or failure or paralysis of the network, system and/or means of communication, as well as maintenance and corrections required for the updating and proper functioning of the site.
Each subscriber makes his personal business of setting up the it and telecommunications means allowing access to the Sitehttp://www.urbasee.com. The Subscriber shall bear the costs of telecommunication when accessing the Internet and using the said site.
SOFTWARE FEATURES – AVAILABILITY
The Subscriber may, prior to the subscription of a subscription contract, be aware, on the site www.urbasee.com, of the essential characteristics of the software (s) to which he or she wishes to subscribe.
The photographs, graphics and descriptions of the proposed software are only indicative and do not engage the company ARTEFACTO.
CHOICE OF SOFTWARE
The subscriber who has read the software and their characteristics, chooses under his sole responsibility and according to his needs as previously determined before any order, the software (s) for which he/she subscribes a Subscription.
Any subscription to the software is subscribed directly online on the website http://www.urbasee.com.
The order of the subscription is then materialised by the complete realization of the planned ordering process, namely:
o selection of the desired product (es);
o click on “place order”;
o creation of a customer account (information of the forms “your identity”, “billing address”, “information”, and acceptance of these general terms and conditions of sale);
o validation of the email address provided;
o check the order and click on “secure payment”;
o online payment via our provider “Ogone”;
o return to the site with messages confirming the payment and setting up of the ordered products.
Any online order for a subscription will only become definitive after ARTEFACTO has sent the Subscriber an e-mail confirming the order and collecting the price from it. ARTEFACTO recommends that the Subscriber keep this information on a paper or computer file.
The Subscriber’s act of payment constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
The ARTEFACTO company will always reserve the right to cancel an order, even after receiving the confirmation e-mail, in case of default of bank confirmation of the actual payment of the amount claimed. The benefit of a subscription contract is personal to the Subscriber and can not be transferable without the agreement of the company ARTEFACTO. The company ARTEFACTO reserves the right to refuse any order from a Subscriber with whom there is a dispute over the payment of a previous order.
DURATION OF THE SUBSCRIPTION
Unless otherwise stipulated, the subscription agreements are concluded for a fixed term of one year (12 months) taking effect from the date of the availability of the Software concerned.
ARTEFACTO may also make available its Free Trial Software for a period of 30 days. In such a case, this provision of the Software free of charge will be governed by these Terms and Conditions.
TERMS OF PROVISION OF THE SOFTWARE
The software is made available to Subscribers on the http://www.urbasee.com website from which Subscribers may use the said Software.
In order to use the Software, the Subscriber must have, at his own expense, an Internet access subscription and ensure that the configuration of his computer hardware is adapted and compatible. He will also have to download the application on the Apple Store or the Android Market allowing the visualization of his projects on his tablet or his smartphone.
9.2. Scope of services:
For any subscription to a Software, the services of the company ARTEFACTO include, under the conditions described by these general conditions: the rights of use of the Software as well as the software updates, the hosting, the backups, the confidentiality of the subscriber-user data, the downloadable application on the Apple Store and Android Market.
The company ARTEFACTO undertakes to proceed or to proceed with the hosting of its platform and the space of use dedicated to the Subscriber.
The ARTEFACTO company undertakes to put in place effective controls that can verify, with reasonable assurance:
• the subscriber will be able to access and use the relevant Software under normal conditions and identical to those set out in these terms and conditions;
• the proper processing of the data entrusted to it without risk of omissions, alterations, deformations or any other form of anomalies likely to affect the integrity of the results from the applications.
ARTEFACTO also undertakes to put in place effective protection controls that avoid, with reasonable assurance, unauthorized physical and electronic access to the operating system and its applications, as well as the Subscribers confidential information.
The Subscriber agrees that the current protocols of transmission via the Internet do not ensure a sure and continuous good reception of messages, the integrity of documents transmitted or the identity of the issuer. Also, the responsibility of the company ARTEFACTO can not be sought in case of poor transmission due to a failure or malfunction of these transmission networks.
ARTEFACTO can not be held responsible for the following cases:
1. in case of interruption for scheduled maintenance not exceeding 24 hours and for which the Subscriber is warned beforehand;
2. in the event of interruptions or operating difficulties beyond the control of ARTEFACTO or its subcontractors, particularly in the event of interruption of electricity or telecommunications services, technical failures caused by malicious acts (Hackers attack …)
The Subscriber forbids any intrusion or attempted intrusion activity from the server.
ARTEFACTO provides a 3D visualization software. The Subscriber will do his job of saving the data he has uploaded to the Urbasee platform.
SCOPE OF GRANTED RIGHTS
10.1. For each subscription contract to a Software, ARTEFACTO grants the Subscriber the non-exclusive, non-transferable and personal right to use the Software ordered, as well as its documentation, as follows:
• for the sole personal and internal needs of the Subscriber;
• for their only geographical exploitation sites covered by the special conditions;
• for a single user;
• for the equipment and for the configuration described in the corresponding Software User Manual;
• and for the duration specified by the corresponding subscription contract.
Thus, the use of the Software is reserved exclusively for Subscribers who subscribed directly a corresponding subscription contract with the company ARTEFACTO.
10.2. In general, and unless ARTEFACTO has previously agreed otherwise in writing, the Subscriber shall refrain from any type of use not expressly authorized by these General Conditions, and in particular:
• make a backup copy;
• correct or have corrected by a third party any errors and / or bugs of the Software;
• make the loan or any provision of the Software and / or its Documentation available by any means whatsoever;
• distribute or market the software, whether for reward or free of charge, or use it for third-party training purposes;
• decompile the Software even for interoperability purposes;
• to translate, adapt, arrange or modify the Software in particular for the purpose of creating new or derived software derivative or new features;
• to search from Software for the purpose of creating a derivative or competing work.
10.3. The Subscriber undertakes to allow the representatives or any other proxy of ARTEFACTO to ensure the use of the Software in accordance with the clauses and terms of these General and special conditions.
10.4. Generally speaking, in the event of non-performance by a Subscriber of any of his obligations imposed by these General Terms and Conditions of any other particular contractual stipulation charged to him, his corresponding rights of use may be immediately and automatically suspended and / or terminated by simple notice.
These General Conditions and the user licenses they regulate do not give Subscribers any title or right of ownership over the Software and their Documentation, which remain the exclusive property of ARTEFACTO regardless of the form, the language , program support or language used.
Consequently, the Subscribers refrain from any act likely to infringe this right of ownership.
The Subscriber expressly agree specifically not to assign, exchange, lend or otherwise grant to a third party, even for free, any right of use conferred by the company ARTEFACTO.
The subscriber also commits to take all necessary measures, including security, with respect to its staff and any third party on its sites to ensure compliance with the ownership of the company ARTEFACTO on its Software.
Subscription contracts to ARTEFACTO’s Software are billed according to the rate in effect on the date of the corresponding order.
PAYMENT – TERMS
Each subscription to the Software is payable by secure electronic payment by credit card via the OGONE system, online collection of Subscriber’s credit card details (credit card number, expiry date, visual cryptogram) being intended for complete the transaction and payment.
The bank details entered are then encrypted using the SSL (Secure Socket Layer) protocol and protected by a security system designed to prevent unauthorized third parties from intercepting, accessing, distorting or diverting data to their profits.
By providing his bank details, the Subscriber accepts in advance and without condition ARTEFACTO toproceed with the secure transaction. The Subscriber therefore authorizes in advance his bank to debit his account at the sight of records or statements transmitted by the company ARTEFACTO, even in the absence of invoices signed by the hand of the cardholder.
The company ARTEFACTO reserves the right to cancel any order in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non payment.
The settlement is deemed to be executed when the funds are made available to ARTEFACTO, ie the day the amount is credited to one of its accounts.
14.1. The Software offered by the company ARTEFACTO comply with the French legislation in force. Also, in case of use of the ARTEFACTO Software outside the French territory, it is up to the Subscriber to ensure in advance that the corresponding Software does not contravene local standards.
14.2. As the Software is of standard design and made to satisfy the greatest number of users, the company ARTEFACTO can not guarantee their adequacy to the specific needs of Subscribers. However, ARTEFACTO guarantees the conformity of the Software and its Documentation.
14.3. The company ARTEFACTO does not grant any contractual warranty of good functioning of the Software.
15.1. The ARTEFACTO company undertakes to carry out the obligations with its load with all the care used in its trade and to conform to the rules of the art in force. However, it is expressly specified that the company ARTEFACTO will be held only by an obligation of means and not of result.
15.2. In any case, Subscribers will use the Software under their sole direction, control and responsibility. It is the responsibility of Subscribers to make under their responsibility and under their direction regular backups of all data processed directly or indirectly for the Software. The company ARTEFACTO can not be held responsible for any contamination by any virus of Subscribers’ files and the potentially harmful consequences of this contamination.
15.3. The company ARTEFACTO can not be held responsible for consequential damage to:
• a failure or improper performance by the Subscriber of the obligations incumbent upon him by these General and Special Conditions;
• misuse of the Software by the Subscriber;
• a malfunction of the Software that:
o would be caused by modifications made to the Software and / or hardware running with the Software, by the Subscriber or any third party not authorized by the company ARTEFACTO;
o would not be attributable to the Software.
15.4. ARTEFACTO can not be held responsible for:
• the economic performance of the Software and the results of its use;
• damage to property separate from the Software;
• the malfunction of the elements that the author of the Software has not designed and the hardware, whatever the consequences or delays of the Software;
• the suitability of the Software for the Subscriber’s needs (which is in fact the opinion of the Subscriber);
• loss or damage to the information, files, databases or any other element that the Subscriber hereby undertakes to safeguard;
• any contamination by a virus of the Subscriber’s files and the potentially harmful consequences of this contamination.
15.5. It is up to Subscribers to carry out, under their responsibility, all regular and usual backups of all data processed directly or indirectly for the Software.
15.6. The company ARTEFACTO will not respond to unforeseeable damages, nor indirect and / or intangible damages such as in particular loss of profits, financial damages, commercial damages, loss of customers, loss of control, resulting from the use of software.
15.7. The responsibility of the company ARTEFACTO can not in any case be sought in case of force majeure as defined under the following article 16.
Are considered as case of force majeure with regard to the obligations of the company ARTEFACTO, the events beyond its will and that it can not reasonably be required to provide, insofar as their occurrence makes it more difficult or more expensive the execution of its obligations. It will also be the same in all circumstances, even if they do not fit into the above definition, including cases of war, explosions, acts of vandalism, riots, popular movements, acts of terrorism, machine breakage, fires , storms, water damage, total or partial strikes, lockouts, acts of government, shortages of raw materials, removal, blocking of means of transport and supply of telecommunication networks, restrictions on imports or exports, modification of regulations applicable to these terms and conditions or the Software, blocking of computer networks (including switched networks of telecommunication operators), failures of the public electricity distribution network, loss of Internet connectivity, likely to prevent or interfere with the execution of any order.
COMPUTING AND FREEDOM
The information collected by ARTEFACTO during any order from the Subscriber is necessary for the management of its order by ARTEFACTO and its commercial partners.
In accordance with the “Loi Informatique et Libertés” of January 6, 1978, it is recalled that each Subscriber has a right of access, opposition, rectification, modification and deletion on any personal data concerning him.
Subscribers may at any time exercise this right by contacting ARTEFACTO by:
• email via the Urbasee contact form
• or by registered letter with acknowledgment of receipt to the following address: Artefacto, 2 route de Gacet, 35830 Betton
Through the company ARTEFACTO, the Subscriber may receive commercial offers from other organizations or companies, or be informed of offers from ARTEFACTO. If the Subscriber does not wish to receive these proposals, he may inform ARTEFACTO by e-mail via the Urbasee contact form.