Terms of Sales
In the following paragraphs, "Ecoclimasol" will refer to ECOCLIMASOL HOLDING and its subsidiary ECOCLIMASOL SASU, responsible for the marketing of services dephyto.com.
ARTICLE 1: General Presentation
The simplified joint-stock company Ecoclimasol (hereinafter referred to as "Ecoclimasol") is a publisher of web and mobile applications for the management of farms. The Features offered by Ecoclimasol are intended exclusively for audiences made up of professionals. Said company also offers services such as support, expertise and integration.
The offers are visible on the dephyto.com website.
As such, Ecoclimasol offers the various functionalities that it publishes in remote service mode, otherwise known as "Software as a Service" or SaaS.
These general conditions of sale (hereinafter referred to as “GTC”) govern the rules according to which Ecoclimasol markets its services from the dephyto.com site. Ecoclimasol reserves the right to modify the said general conditions and its prices at any time. This change will come into force upon renewal of Subscriptions taken out after the publication of the new provisions.
The General Conditions of Use provided for the dephyto.com site and its sub-domains are applicable to the GCS.
Article 2. Acceptance of the GCS
The T&Cs are accepted by anyone who subscribes to the Services provided by Ecoclimasol. Acceptance of the T&Cs is accomplished by ticking the acceptance box provided for this purpose when Subscribing to said Services.
Anyone who subscribes to one or more Services must read and accept the T&Cs. The Customer who accepts the T&Cs also accepts:
The General Conditions of Use (CGU) of the dephyto.com website
The Services, their provision and execution
The prices indicated
All payment methods
All elements relating to the Services offered and exclusively described on dephyto.com
Any informative and/or additional document regarding Ecoclimasol, the Services and their use through the Applications provided by Ecoclimasol.
Any dispute on one or any of these points is made within the framework of the last article of the GCS.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions applicable to the Subscriptions taken out by the Customer.
Ecoclimasol consents to the Client:
A right of access to the Services of dephyto.com under the conditions defined below;
A right to use the Features;
Article 3. Definitions
Under these General Conditions of Sale, all the following terms with a capital letter have the meaning indicated below and are understood both in the singular and in the plural:
Subscription: Subscription by the Customer to the Services offered by Ecoclimasol.
Application: IT solution that allows the Customer to use the functionalities and services offered by Ecoclimasol.
CGU: The General Conditions of Use are made available on the Site and the Application. They define and delimit the conditions of use for any person who accesses and uses the Site and the Application.
Client: Natural or legal person registered and having access to paid Services without being in any way obliged to use the Services.
Account: Access system dedicated to the Customer requiring a strictly confidential and personal username and password.
Data: Any element (information, texts, messages, etc.) collected by the Customer and implemented by him within the Site and the Services through its use.
Personal Data: Data allowing the direct or indirect identification of any natural person.
Functionality: Function implemented in an Application allowing the Client to carry out processing.
Means of access: Methods and/or function by which a Customer can access one or more Services in order to use them for his own needs.
Operator: Company that operates various electronic telecommunications networks necessary to access and use the Services.
Party: Persons who have signed and adhere to the T&Cs and the obligations they contain.
Services: All the services made available to the Client by Ecoclimasol and accessible via the Means of Access.
Site: The dephyto.com website and its sub-domains, published by Ecoclimasol allowing the Customer to have access to the Service.
Article 4. Access to Services
To access the Application, the Customer must first subscribe to a Subscription in compliance with these GCS, either in the form of a request pack, the quantity of which is chosen by the Customer, or in the form of an annual subscription.
Subscription Terms
Access to and use of the Services and the Functions are accomplished within the framework of the taking out of a Subscription by the Customer.
In order to subscribe to a Subscription, the Customer must create an Account by indicating various information necessary for the creation of an Account. This Account will also be required thereafter in order to access the Application.
On the day of the subscription of a new Subscription, no free trial period is offered, except promotion or commercial gesture granted by Ecoclimasol.
Article 5. Use of the Services
Throughout the duration of the Subscription, the Customer has access to the Services of dephyto.com if he is a subscriber. Each Service and each Functionality is intended exclusively for each Customer. In this sense, each Customer is not entitled to offer them and/or market them to any third party to the Subscription. If this is the case, Ecoclimasol declines all responsibility related to the access, use and provision of the Services and Functions. Similarly, Ecoclimasol reserves the right to suspend or terminate the Subscription of each offending Customer.
5.1 Network
It is recommended that the Customer have a broadband Internet connection to access and make optimal use of the Services and Features. The Customer is solely responsible for his condition of Subscription, access and maintenance with the Operator and the Internet network; as such, Ecoclimasol is not in a position to provide assistance and advice.
Similarly, Ecoclimasol cannot under any circumstances be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion or the presence of computer viruses and as regards breaks of electric current. The same applies with regard to the compatibilities, interoperabilities and qualities inherent in the use of physical or technical means. To this end, Ecoclimasol particularly draws the Customer's attention to the importance of the choice of the Operator and the products to which he adheres.
Article 6. Subscription to the Services
6.1 Price
Payment for the Subscription is the Customer's responsibility. The Customer undertakes to pay for the Subscription under the conditions defined in these T&Cs.
All prices invoiced to the Customer are those in force on the day of subscription to the Subscription, less any applicable discounts, rebates and rebates.
6.2 Method of payment
All costs constituting access to and use of the Service and Functions by the Customer are paid in full on the day the Subscription is taken, provided that said payment is credited to the bank accounts of 'Ecoclimasol.
6.3 Duration and renewal of the subscription
There are two types of Subscriptions.
The Simulator Module Subscription is in the form of a request pack. For each indicator calculation request, the prepaid pack is reduced by one unit. The units available in a Simulator Module request pack have a validity of one to two years depending on the request packs chosen. Beyond this date, Ecoclimasol reserves the right to close the Simulator Module Subscription.
The Analysis Module Subscription is taken out for a period of twelve months. The Subscription period begins on the date of payment.
The Subscription is renewable. During any Subscription renewal, no free trial period is offered, except promotion or commercial gesture granted by Ecoclimasol.
On the anniversary day of the subscription to the Subscription, it is automatically renewed under the same conditions if such has been the Customer's choice. As such, the Customer is entitled to terminate his Subscription within the framework of the application of the article of the GCS relating to the termination of the Subscription.
6.4 Invoicing – Payment
Payment is made in cash no later than the payment date appearing on the invoice issued by Ecoclimasol to the Customer. Said payment is made, without discount, online, according to the following methods:
Wire Transfer,
By bank card that can be used on the internet via a secure payment system,
By direct debit subject to acceptance of a SEPA mandate.
6.5 Default of payment
In the event of default in payment of the Subscription, it is automatically suspended by Ecoclimasol on the same day of the indication of said default.
In the event of discharge of the default of payment by the Customer within a period of 7 calendar days from the date of said default, Ecoclimasol validates the subscription to the Subscription for the benefit of the Customer according to the characteristics already mentioned (Subscription to a Pack of requests , Annual subscription). This period begins on the day of validation by Ecoclimasol.
Article 7. Customer withdrawal
Ecoclimasol provides its Services and Features to professionals who use them as part of their professional activities. In accordance with the law and in its capacity as a professional, the Customer does not benefit from a right of withdrawal.
Article 8. Responsibility of Ecoclimasol
Ecoclimasol provides its Services and its Functionalities in Applications within the framework of an obligation of means and makes available all the means necessary for this.
In the event of damage suffered, the Customer must prove the fault committed by Ecoclimasol so that it can be declared liable for the damage caused.
Ecoclimasol undertakes to inform, advise and inform the Customer to the best of his knowledge and abilities. In this context, Ecoclimasol offers training workshops so that the Customer can learn how to use the Functionalities of the Applications. Said training is subject to invoicing.
Force Majeure
Similarly, Ecoclimasol cannot be held liable in the event of non-performance of its obligations attributable to an unforeseeable and insurmountable event by any third party or in the event of force majeure. Similarly, Ecoclimasol cannot under any circumstances be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion or the presence of computer viruses. The same applies with regard to the compatibilities, interoperabilities and qualities inherent in the use of physical or technical means.
For any damage, the amount of Ecoclimasol's liability is limited to reimbursement of the amount of the sums actually paid by the Customer on the date of occurrence of the event giving rise to liability.
Ecoclimasol cannot be held responsible for the accidental destruction of Data by the Customer or a third party having accessed the Application Services by means of the access codes given to the Customer when he is not the source of transmission of said codes. to any third party. Likewise, Ecoclimasol cannot be held responsible for any loss of Data that is not directly and exclusively its responsibility.
Article 9. Insurance
Ecoclimasol has taken out the necessary insurance to cover the risks related to the exercise of its activity. He undertakes to provide any proof to the Client, if the latter expressly requests it.
Article 10. Termination
In the event of a breach by one of the Parties of its contractual obligations, after a first reminder after five (5) days by email then a second reminder after ten (10) days by email, the Subscription may be terminated. automatically by Ecoclimasol, fifteen (15) calendar days after the sending of a letter of formal notice sent by registered mail with acknowledgment of receipt which has remained without effect. The formal notice will indicate the failure or failures observed. In the event of termination, the Customer will cease to use all access codes to the Solutions and Application Services.
At any time, the Customer is entitled to terminate his Subscription at no additional cost. The Customer may terminate his Account and his Subscription to the Services by sending a notice of receipt addressed to the registered office of Ecoclimasol, in accordance with these General Conditions, at least thirty (30) days before the end of the said Subscription Period. Said letter must contain a written request for termination of Subscription to the Services. Ecoclimasol takes into account said request within thirty (30) calendar days of receipt of said letter.
Unless you have thus expressed your desire to terminate your Subscription, it will be tacitly renewed for a Subscription period of the same duration as the Subscription period which is about to expire.
No refunds or credits for Subscription Fees or other fees or payments will be made to Customer if Customer elects to terminate its Subscription to the Service or cancel its Account before the end of the then-current Subscription period.
Following the Customer's termination of its Subscription, Ecoclimasol authorizes the Customer to request a raw copy of the Data relating to its use of the Service and the Functionalities of the Application. This request cannot be exercised more than 6 months after termination. The Customer will be unable to recover all of his Data once his Account is cancelled.
Article 11. Data Processing
11.1 Data Collected
All Data implemented and processed within the Services is voluntarily collected by Customer using the Features.
All Customer Data collected under the subscription of its Subscription is its property, Ecoclimasol has a right to access and use said Data in the interest of the Customer, the Services and the Functions. However, Ecoclimasol is not entitled to communicate said Data to any third party.
11.1.1 Personal data
Ecoclimasol guarantees that it has carried out all of the obligations incumbent upon it in compliance with Law 78-17 of January 6, 1978 known as “Informatique et Libertés” as amended, in accordance with the General Data Protection Regulations (RGPD). The Customer guarantees to have read the methods of collection, use and purpose of the processing of his data via our Confidentiality Policy, Cookies Policy, General Conditions of Use, accessible in their respective sections on the Site.
As such, the Customer guarantees Ecoclimasol against any recourse, complaint or claim from a natural person whose Personal Data would be reproduced and hosted via the Service and the functionalities offered by Ecoclimasol.
In the event that the Data is stored on servers located in countries outside the territory of the European Union, Ecoclimasol undertakes to inform the Customer in a dedicated form:
The location of the Data;
The purpose of the processing carried out on this Data;
Data recipients;
Of his specific rights;
Nevertheless, the Customer is responsible for the authenticity, legality and relevance of the Data that he transmits for the purposes of using the Services and Functions. He guarantees to be the holder of any intellectual property rights allowing him to use the Data and content. Thus Ecoclimasol declines all responsibility in the event of non-compliance of the Data and/or content with laws and regulations, public order or the needs of the Customer.
The Customer guarantees Ecoclimasol on first demand against any prejudice resulting from its being called into question by a third party for a breach of this guarantee. More generally, the Customer is solely responsible for the content and messages broadcast and/or downloaded via the Services and Features.
11.1.2 Customer's right to his Personal Data
The Customer has the possibility of refusing to receive promotional messages, when registering or, once registered, by modifying his personal information online.
The Customer has the possibility of deleting his Account and requesting a raw copy of all the Data collected about him during his period of use of the Services and Functionalities of the Applications. Therefore, no Personal Data within the meaning of Law 17-78 of January 6, 1978 will be kept by Ecoclimasol and its Service Providers.
11.2 Data Security
Each of the Parties undertakes to implement the appropriate technical means to ensure the security of the Data.
Subject to the “Liability” Article, Ecoclimasol undertakes to preserve the integrity and confidentiality of the Data contained in the Services, Functionalities and Applications. Ecoclimasol will implement technical and organizational measures to prevent any fraudulent access or use of Data and to prevent any loss, alteration and destruction of Data.
Article 12. Intellectual Property
At the end of these T&Cs, the Customer and Ecoclimasol retain all rights, titles and interests for their patents, inventions, actor's rights, trademarks, domain names, know-how and all intellectual property rights. Thus, Ecoclimasol is and remains the owner of the property rights relating to any element of the Services and Functions on the Applications made available to the Customer, as well as more generally that of the IT infrastructure implemented or developed within the framework of the provision of the Service. .
The rights to use the Services and the Functionalities of the Applications, within the framework of these T&Cs which are granted to the Customer, do not grant him any additional right with regard to the Service or any other related intellectual property right.
The provision of the Services and Functions 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. Without prior and express agreement from Ecoclimasol, the Customer is not entitled to reproduce any element of the Sites as much as Services and Functions, nor any documentation concerning them, by any means whatsoever, in any form. whatever and on whatever medium.
12.1 Guarantee of eviction
Ecoclimasol declares and guarantees:
That the Applications and their Functions that he has developed are original;
That he is the holder of all the intellectual property rights that allow him to provide the Service;
Article 13. Nullity
If any of the clauses of the GCS is declared null or void in application of a law or regulation or following a court decision that has become final, the other clauses of the GCS retain all their force.
Article 14. Language
The Terms and Conditions and the Site are written and use the French language, the only language applicable in the matter. Any translation can only have an informative character.
Article 15. Applicable law and competent jurisdiction
These T&Cs are governed by French law. In the event of a dispute, the competent court is that which has jurisdiction over the registered office of Ecoclimasol.