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Terms and Conditions of Use

Terms & Conditions: A. APPLICATION OF THE CONDITIONS The seller is defined below as SAS PROMÉTÉ, located at 6 Chemin Geyssières , 11100 NARBONNE, France (telephone number: 04 68 33 30 56 – e-mail: info@promete.fr ), registered under SIRET number 795 284 140 00022 (APE: 5829C - VAT: FR80795284140) and represented by Mrs Vivienne PUJOL, as Chairwoman. These General Terms and Conditions of Sale exclusively govern the commercial relations between the PROMÉTÉ company and its customers, for any product sold or any service provided. They are applicable in their entirety for any contract concluded, subscription of a purchase order, acceptance of an estimate or a commercial proposal, between the company PROMÉTÉ and its customers, in France or abroad, whatever the place of delivery. On the PROMÉTÉ website, by ticking the box "I accept these conditions", the customer acknowledges having read and accepted these General Conditions without reservation and declares to use the PROMÉTÉ Services in agreement with the provisions of the said Conditions and the French legislation. No derogation from the present conditions could be accepted without the express and prior agreement of the company PROMÉTÉ. Any condition contrary to these general conditions of sale posed by the buyer in his general conditions of purchase or in any other document, will be unenforceable against the company PROMÉTÉ, regardless of when it may have been brought to its attention and even in the absence of protests by the company PROMÉTÉ of these contrary conditions. Any changes in the legal or financial situation of the customer must be the subject of written information to the company PROMÉTÉ which may, if it wishes, cancel contracts in progress, refuse orders, require guarantees or modify the terms of payment and payment deadlines: filing for bankruptcy, rental management, cessation of all or part of the customer's business, exchange, contributions in company, merger, demerger, change of control, termination or reduction of guarantee (non-exhaustive list). The fact for the company PROMÉTÉ not to take advantage of one of the conditions of these general conditions does not amount to a waiver of taking advantage of it later. The parties intend to be legally bound by these general conditions which are replace any negotiation and any previous agreement on this object. B. SALE OF EQUIPMENT B. 1 – ORDERS AND EXECUTION Any order placed with the company PROMÉTÉ is firm and final for the customer as of receipt by the PROMÉTÉ company of an accepted order form, estimate or commercial proposal, and without their handwritten and/or electronic signature being necessary. The order form, estimate or commercial proposal, in order to be taken into account by the company PROMÉTÉ must be accompanied by a deposit of 30% calculated on the total amount including all taxes. The PROMÉTÉ company reserves the right, from the receipt of the order accompanied by the deposit, to accept it, to reject it or to make reservations. An order acknowledgment does not constitute an order acceptance; only the delivery or availability marks the acceptance of the order. The unavailability of a product due to a shortage of stock, or its removal from the catalog, may not result in any cancellation of the global order and will not entitle the company PROMÉTÉ to any compensation. In the event that the customer cancels part or all of an order after it has been accepted by PROMÉTÉ or at the time of delivery, the customer will remain liable for payment of the invoice issued by PROMÉTÉ. Any dispute or complaint concerning the invoices sent by the company PROMÉTÉ to the customer can, in any case, be examined by the company only if it is made by registered mail with acknowledgment of receipt within eight (8) calendar days following the receipt of the disputed invoice and only if this dispute is substantiated and based on objective elements. B. 2 – MODIFICATION TO THE CONSTRUCTION The manufacturer of the equipment may be required to modify the products without notice. The photos as well as the technical data are given for information only and may be modified without notice. A change in the appearance or technical data of the equipment ordered cannot lead to cancellation or payment of compensation, even if this change occurs after the order. B. 3 – PRICES The prices appearing on the prices, electronic documentation, interactive catalogs, website, newsletters, are given for information only and may be modified at any time and without notice. Any price offer is only valid within the limit of the option period which is, unless otherwise stipulated, fifteen (15) days for equipment and thirty (30) days for services. The products and services are provided at the price set on the basis of the price list of the PROMÉTÉ company in force at the time of receipt of the order at the PROMÉTÉ company. The prices are exclusive of VAT and all other taxes not included which will be invoiced in addition. The shipping costs, the amount of which may be modified at any time and without notice, are the responsibility of the customer. A contribution to the administrative costs may be requested from the client by the PROMÉTÉ company in the event that the PROMÉTÉ company is responsible for setting up administrative files for the client. The Client, professional or individual, taxable in France, as well as the Individual customers from a European Community (EC) country are required to pay the price including VAT. On the other hand, for the foreign Customer, outside the EC, or the professional Customer taxable in a member country of the EC, the price will be invoiced excluding tax (article 259 B of the CGI ). The Customer subject to derogatory tax legislation has the possibility of benefiting from a tax refund. To do this, the customer must contact the company PROMÉTÉ (Cf. A – Application of the conditions) which will indicate the procedure to be followed. B. 4 – PAYMENT Quotes returned signed and invoices are payable at the registered office of PROMÉTÉ, in such a way that the latter can dispose of the sums due on the due date. Invoices are payable by direct debit on the due date, by returning the direct debit authorization accompanied by a bank details. Certain other methods of payment (bank cheque, bank card and bank transfer) may exceptionally be accepted subject to a written agreement from PROMÉTÉ; these payment methods may generate management fees, the price of which PROMÉTÉ has set at 12.50 Euros per invoice not paid by direct debit. The website www.promete.fr offers payment by credit card (Carte Bleue, Visa and MasterCard) by secure server of the Secure Socket Layer (SSL) type For each method of payment, there is a minimum amount and a maximum amount of purchase freely fixed and modifiable by the company PROMÉTÉ. For any paid order, an invoice is issued. In the event of a payment incident (non-exhaustive list: unpaid check, direct debit authorization refused or account not funded, costs upon receipt of a transfer from the customer ), the bank charges related to this incident will be invoiced to the customer at the actual costs incurred, but this amount may not be less than 49 Euros. No cash payment will be accepted. B. 5 – DELAY OR INCIDENT OF PAYMENT In the event of payment occurring after the due date appearing on the invoice (non-payment, payment incident or late payment), PROMÉTÉ reserves the right, depending on the case, to demand immediate payment of all invoices not yet due. In addition, under article 1153 of the Civil Code, penalties and interest for late payment at the conventional rate of 11% per undivided month of delay plus the corresponding VAT will be applied from the day following the due date appearing on the invoice. , without however this amount being less than 115 Euros per unpaid invoice. For any professional, pursuant to Article D. 441-5 of the French Commercial Code (derived from Decree No. 2012-1115 of October 2, 2012), in the event of late payment for any sum, including a deposit, a fixed compensation for recovery costs of 40 euros will be required from the debtor, in addition to late payment compensation. Late payment may result in the suspension of orders, offers and services in progress. Late payment penalties and interest are payable without any reminder being necessary. The payment of legal costs or proceedings brought by the company PROMÉTÉ for the recovery of rents (including lawyer's fees) is the responsibility of the Customer. B. 6 – DELIVERY Deadlines of delivery are only given as an indication and their non-respect will not give right to the payment of indemnities nor to the cancellation of the order as a result. Delivery is deemed to have been made to the address mentioned by the customer when placing the order. Shipments will be made postage due. The products travel at the sole risk and peril of the recipient, who takes delivery under his responsibility, regardless of the mode of transport or payment of the price. The customer is required to check the condition of the packaging, the number and content of the packages, as well as the condition of the products upon delivery. Consequently, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packaging, broken products, etc.) must be noted by the customer in the form of clear, precise and complete handwritten reservations on the delivery note/ transport, and this in the presence of the carrier, the carrier and the customer will date and sign the reservations issued. In the event of the carrier's refusal to sign the reservations made by the customer, the customer must also stipulate this in writing on the delivery/transport slip. In addition, and in accordance with Article L.133-3 of the Commercial Code, the customer must, at the same time as issuing reservations, confirm the anomaly by sending a registered letter with acknowledgment of receipt to the carrier within three (3) calendar days following delivery for the purpose of confirming said claims. A copy of this letter, of the notice of posting of registered mail and of the delivery/transport note including the reservations must be sent by post to the company PROMÉTÉ within five (5) calendar days of delivery. The customer is reminded that failing to scrupulously follow this procedure and to respect the deadlines, any request to open a complaint file will be irrevocably rejected, so that no recourse will be allowed against of the company PROMÉTÉ. Merchandise accepted without reservation by the recipient at the time of delivery and/or in the absence of mail addressed to the carrier within three (3) calendar days, is deemed to have arrived in good condition and in its entirety. In addition, the refusal of the products on delivery by the customer may be considered abusive if the customer cannot justify the reality of the anomalies invoked on the delivery/transport slip. In the event of improper refusal of the products, the company PROMÉTÉ may claim a lump sum compensation of 250 Euros in addition to full payment of the invoice issued. PROMÉTÉ reserves the right to invoice customers who request proof of delivery. B. 7 – SERVICES Depending on the costs incurred by PROMÉTÉ, the services associated with the goods ordered by the customer will be invoiced to the customer, in particular but not limited to: training, technical assistance, assembly and installation of equipment, annual maintenance, rental of equipment, warranties, handling, travel costs, delivery costs, study and project costs. The said services, whether or not associated with the goods ordered by the customer, remain subject to these general conditions of sale. Special condition for training: the total or partial agreement, or the refusal to take charge of the said training by the customer's collecting organization cannot in any way influence the sums owed by the customer. sensors, travel expenses related to this visit and telephone assistance. This annual maintenance does not include the replacement, repair, factory recalibration or return to the factory of the sensors or the station. The annual maintenance contract is extended by tacit agreement for an equivalent period. In the event of termination, you must notify this termination by registered mail with acknowledgment of receipt to PROMÉTÉ one (1) month before the end of the contract. In the event of early termination, no refund will be made. Maintenance will be invoiced the first year on a pro rata basis until December 31 of the current year, then the following years in the calendar year, i.e. from January 1 to December 31. B. 9 – GPRS PACKAGE For the proper functioning of weather stations, PROMÉTÉ offers you SIM cards with a 2 MB GPRS Data package. These SIM cards equipped with this package can be ordered separately, or be part of the annual maintenance according to the estimate issued by the company PROMÉTÉ. These subscriptions will be billed to you the first year pro rata temporis until December 31 of the current year, then the following years in the calendar year, i.e. from January 1 to December 31. The subscription to the GPRS package is concluded with a minimum commitment period of sixty (60) months. It is then extended by tacit agreement for a period of one (1) year. In the event of termination, you must notify this termination by registered mail with acknowledgment of receipt to PROMÉTÉ one (1) month before the end of the contract. In the event of early termination, no refund will be made. If the monthly volume of 2 MB included in the SIM card package is exceeded, all monthly excesses will be re-invoiced to you at the end of the calendar year at the rate of €2.50 excl. VAT / MB In case of sending by the SMS station (not included in the flat rate), all SMS (sent by the station) will be re-invoiced to you at the end of the calendar year at the rate of €0.10 excluding tax / SMS. B. 10 – PROCEDURE VAT-FREE PURCHASE The customer, whose head office is located outside metropolitan France, must first submit a request to open an account with the company PROMÉTÉ, accompanied by a dated and signed copy of these general conditions of sale in French, a bank details, a certificate of authentication of the company mentioning the allocation of its intra-community VAT number (for companies having their head office located in the European Union). Any order delivered outside Metropolitan France may be subject to any customs duties, local taxes, dock dues and customs clearance costs upon delivery; their payment is the responsibility of the customer and is his responsibility. B. 11 – CONDITIONS OF WARRANTY The guarantees on the goods sold by the company PROMÉTÉ are those given by the manufacturers of the said goods to the exclusion of other. The guarantee is, in any case, excluded when the use of the goods has been the subject of a special adaptation or assembly, abnormal or not, of the products, except if this adaptation or this assembly has been expressly indicated in the order which has been accepted by PROMÉTÉ, and has been carried out under the permanent supervision of the latter; when the goods concerned by the guarantee have been dismantled, modified or repaired by a third party; when the damage results from wear of the product caused by a lack of maintenance or lubrication, clumsiness, negligence, inexperience or use of the product not provided for or accepted by the company PROMÉTÉ, or with safety margins that are too low. In the event that the responsibility of the company PROMÉTÉ would be put forward, this will be strictly limited, at the choice of the company PROMÉTÉ, to the corresponding reduction in the price of the supply or to the free replacement of the parts recognized as defective, the postage and the labor being charged . The implementation of this warranty by the customer therefore excludes all direct or indirect damage suffered by the customer and any payment of compensation or damages by the company PROMÉTÉ. B. 12 – RETURN OF DEFECTIVE PRODUCTS Products sold cannot be taken back or exchanged. Exceptionally and after written agreement from PROMÉTÉ, defective goods that cannot be repaired may be taken back provided that they are complete (cables, manuals, etc.), in perfect condition, in their original packaging, and that it has been delivered for less than ten (10) calendar days. Any return must be the subject of a prior written agreement from the PROMÉTÉ company which will assign a specific return number to the returned product and which will give rise to an exchange. In all other cases, the product will be repaired. Return transport costs are the responsibility of the customer for defective products, and that of PROMÉTÉ for the delivery of repaired or exchanged products. B. 13 – AFTER-SALES SERVICE Any request for repair will be the subject of the establishment of an estimate by PROMÉTÉ indicating the price excluding taxes and the indicative deadlines for completion. Notwithstanding the customer's agreement to the aforementioned quote, the latter must pay PROMÉTÉ a deposit of 30% of the total amount, all taxes included, of this quote before the start of the repair, the balance to be paid upon receipt of the repaired goods. Repairs occurring on the customer's site, travel expenses may be invoiced in addition to the cost of the repair. B. 14 - RETENTION OF TITLE In application of the provisions of Law No. 1980, the company PROMÉTÉ expressly reserves ownership of the goods delivered until full payment of their price in principal and interest. In the absence of full payment of the price of the products in principal and interest, the company PROMÉTÉ may, at any time, take back the products from the customer. Does not constitute a payment within the meaning of this article the delivery of a document creating an obligation to pay, draft or other. Until full payment of the price, the customer may not pledge the products, nor exchange them, nor transfer them in ownership by way of guarantee. This retention of title clause does not preclude the transfer of risk to the customer from the delivery of the products, the customer undertakes to take all care in the custody and preservation of the products and to take out any useful insurance. Products delivered that have not yet been fully paid for must be individualized and not be mixed with other products. The opening of a collective procedure for the benefit of the customer cannot defeat the claim of the goods by the company PROMÉTÉ. The buyer undertakes, in this case, to participate actively in the establishment of an inventory of the goods in stock and of which the PROMÉTÉ company claims ownership. Failing this, PROMÉTÉ will have the option of having the inventory recorded by a bailiff, at the customer's expense. In the event of partial payment, this will be applied first to late payment interest and the least old receivables. The fact that PROMÉTÉ does not rely on a breach of contract by the customer does not mean that it waives the right to rely on it for the future. C. SALE AND PROVISION OF DATA C. 1 – GENERAL The Service Provider is the PROMÉTÉ company named in article A. 1 – Application of the conditions. The opening of an account implies the Customer's full and unreserved acceptance of these general conditions. C. 2 - OBJECT The service is a provision of data, services and advice, and a user license for the consultation of data on the site www.promete.fr, at the exclusion of any intellectual service, such as commissioning, training, advice, maintenance, organization, programming, unless there is a specific written agreement between the Service Provider and the Customer. When the customer subscribes to the service offer of the company PROMÉTÉ by the return of the signed estimate with the mention "good for order", we then speak of e Command. The validation of his purchase by the customer implies full acceptance of the pricing applied to the offer concerned. C. 3 - DURATION Unless otherwise specified in the quote, the supply of data is planned for minimum duration of one (1) year. Each year, the Order is extended by tacit agreement for an equivalent period. The provisions of these general conditions remain applicable automatically until the new deadline. - Termination of the offer Without affecting the withdrawal period, the Customer's Order will be considered final at the time of the validation by him of his purchase. The customer will not be able to claim a right to reimbursement of a validated purchase that he wishes to cancel. It is however possible for the customer to interrupt the service by sending a registered letter with acknowledgment of receipt one (1) month before the end of the contractual period to the company PROMÉTÉ (Cf. A – Application of the conditions). In the event that the Customer terminates the contract before the end of the contractual period, the total amount of the offer for the duration initially concluded remains automatically acquired by the company PROMÉTÉ, without prejudice to any damages and interest. , except with the prior written consent of the company PROMÉTÉ. In compliance with these general conditions, in the event of termination by the company PROMÉTÉ of the Customer's subscription for a reason not attributable to the latter, the company PROMÉTÉ undertakes to establish a credit for the unused service in proportion to the subscription time remaining to run. - Evolution of the services In the event of an evolution of the services in its catalog which would not allow the PROMÉTÉ company to continue technically the ongoing performance of the services, the PROMÉTÉ company will endeavor to provide the customer with an equivalent service from the new catalog, and this, at no additional cost to the customer. C. 4 – NON-PERFORMANCE In the event of non-performance by the customer of its contractual obligations, in particular financial, and after formal notice by simple letter from the company PROMÉTÉ remained fifteen (15) days without effect, the customer will see the execution of its service interrupted. C. 5 - REFUSAL TO PROVIDING THE SERVICES The PROMÉTÉ company may refuse to honor an offer subscribed by a Customer in the following non-exhaustive cases: - Supply requested for a date incompatible with the availability period - Parts supporting documents missing, incomplete, non-compliant or not clearly identifying the Customer - Notorious insolvency of the Customer - Non-payment of invoices C. 6 - DATA PROPERTY PROMÉTÉ remains the sole owner of all the data provided. The Customer is prohibited from keeping copies of the data, reselling them or distributing them during or after the conclusion of this contract. D. USE OF THE AGROCLIM SITE D. 1 – GENERAL The use of the website and associated services of the PROMÉTÉ company (collectively referred to as the "Services" herein and excluding any non-software services provided by the PROMÉTÉ company under a separate written agreement) is subject to the stipulations of a legal agreement entered into between yourself (user) and the PROMÉTÉ company, unless otherwise expressly agreed in writing with the PROMÉTÉ company, and regardless of the means of access to the Service and the special conditions agreed, the agreement between the PROMÉTÉ company and you same will include at least and in all cases the conditions and terms set out herein, hereinafter referred to as the "General Conditions". D. 2 - SUPPLY OF SERVICES PROMÉTÉ is constantly innovate er in order to offer the best possibilities to its users. You acknowledge and accept that the form and nature of the Services provided by PROMÉTÉ may be modified without notice. As part of this constant innovation, PROMÉTÉ reserves the right at any time to modify or suspend any or part of the Services. The use of the Services is strictly limited according to criteria (duration, number of plots, number of users or others) defined in the special conditions validated between the user and the company PROMÉTÉ . The user must therefore ensure that the limitation of use of the Service is fully respected and undertakes to immediately notify PROMÉTÉ of any use beyond the limit, so that this overrun can be remedied. authorization. D. 3 – USE OF SERVICES Access to certain Services requires that you provide information about yourself (for example, your identity or your contact details such as e-mail, telephone or mobile numbers ) as part of the Service registration process or as part of your use of the Services. You acknowledge that all information provided to PROMÉTÉ for the purposes of your registration will always be accurate, correct and up-to- date. You agree not to access (or not attempt to access) all or part of the Services by any means other than through the interface provided by PROMÉTÉ, unless you have been expressly authorized to do so by PROMÉTÉ under a separate agreement. You agree not to undertake any activity likely to hinder or disrupt the Services (or the servers and networks connected to the Services). Unless you have been expressly authorized to do so by a separate agreement concluded with PROMÉTÉ, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You acknowledge that you are solely and solely responsible for any violation of your obligations under the Terms and the consequences (including any loss or damage suffered by the PROMÉTÉ company) from such breach. You expressly acknowledge that PROMÉTÉ cannot be held liable towards you or third parties in this respect. D. 4 – SECURITY OF YOUR ACCOUNT AND YOUR PASSWORDS You accept and acknowledge that you are responsible for compliance the confidential nature of the passwords associated with any account you use to access the Services. Consequently, you acknowledge that you are solely and solely responsible with regard to the company PROMÉTÉ for all acts carried out from your account. If you become aware of any unauthorized use of your password or your account, you agree to inform PROMÉTÉ without delay by e-mail at: info@promete.fr, or by telephone on 04 68 33 30 56. D. 5 – LICENSE OF USE The company PROMÉTÉ grants you a non-transferable and non-exclusive license to use the software provided to you by the company PROMÉTÉ within the framework of the Services as provided by the company PROMÉTÉ . This license is exclusively intended to allow you to use and benefit from the Services provided by PROMÉTÉ and its website, in compliance with these General Conditions. You cannot (and you cannot authorize any third party a) copy, modify, create a derivative work , disassemble, reverse engineer, decompile or otherwise attempt to extract the source code of all or part of the software, except as expressly permitted or required by law or if you have been expressly authorized to do so in writing by PROMÉTÉ. Unless expressly authorized in writing by PROMÉTÉ, you may not assign (or sub-license) your rights to use the Services, grant a security on the software or your rights of use or assign in any other way all or part of your rights to use the software. The holder of the user license, in the event that several accounts are attached, is solely liable to PROMÉTÉ for any breach of the obligations of the user of the Services, as described in these general conditions. D. 6 – CONTENT LICENSE You retain ownership of the rights ( copyrights and any other rights) you have in the Content displayed on the Services. You nevertheless agree to grant PROMÉTÉ a perpetual, irrevocable, non-exclusive and free license to view, use and resell the data recorded and stored through the Services. You agree that this license includes the right for PROMÉTÉ to make said Content available to third-party companies, organizations or individuals with which PROMÉTÉ has commercial relations, and to use it in conjunction with the provision of said services. This license also includes the right to query in an unlimited, non-exclusive and free manner the data of the equipment owned by the customer (weather station) with the aim of importing the data into the AGROCLIM site and allowing their consultation. . You acknowledge that the PROMÉTÉ company, in carrying out the technical steps required to provide the Services to its users, may transmit or distribute your Content on various public networks and on several media. You agree to grant a license to the PROMÉTÉ company allowing it to carry out the aforementioned acts. You confirm and guarantee to the PROMÉTÉ company that you hold all the rights, authorizations and powers necessary to grant the above license. mentioned . D. 7 – SOFTWARE UPDATES The software you are using may automatically download and install updates made from time to time by PROMÉTÉ. These updates are intended to improve, improve and evolve the Services and may take the form of bug fixes, improved functions, new software modules and completely new versions. You agree to receive these updates (and you authorize PROMÉTÉ to send them to you) as part of your use of the Services. D. 8 – OTHER CONTENT The services may contain hypertext links pointing to other sites, other content or other resources on the Internet. The PROMÉTÉ company cannot have control over the website(s) or Internet resources provided by companies or persons other than the PROMÉTÉ company. The PROMÉTÉ company reserves the right to include and display, at any time, any form of advertising or content of an advertising nature in the content of its website and related services. You acknowledge and accept that PROMÉTÉ cannot be held responsible for the availability of these sites or these external resources and that the PROMÉTÉ company does not endorse the content of the advertisements, products or other elements presented or available on these sites or these resources. You acknowledge and accept that the PROMÉTÉ company cannot be held responsible for any loss or harm you may suffer as a result of the availability of such external sites or resources, or as a result of your reliance on the completeness, accuracy o u effective of any advertisement, product or item presented or available on such sites or resources. E. GENERAL AND MISCELLANEOUS E. 1 – GENERAL PROVISIONS Your use of the Services may imply that, through these Services or as a result of the use of these Services, you use a service, download software, or purchase a product provided by another person or company. Your use of such other services, software or products may be subject to separate terms applicable between you and the company or individual concerned. In this case, these General Conditions will have no impact on your relationship with these other companies or individuals. These Terms constitute the entire agreement between PROMÉTÉ and you and govern your use of the Services. They cancel and replace all previous agreements between PROMÉTÉ and yourself with regard to the Services. You agree that PROMÉTÉ may provide you with notices, including those regarding changes to the Terms, by email, postal mail, or through messages posted on the Services. You agree that failure to exercise or the renunciation by the company PROMÉTÉ of the exercise of a right or a recourse provided for in these Conditions (or of which the company PROMÉTÉ may rely under any applicable legislation) will not be considered as a renunciation by the company PROMISE to the right or remedy in question. These rights or remedies will remain available in the future. If any of the provisions of these Conditions are declared invalid by a competent Court, said provision will cease to apply, without affecting the other provisions of the Conditions, which will retain all their force and scope. These Conditions and your rights and obligations towards PROMÉTÉ as provided herein will be governed by French law. PROMÉTÉ and you agree to submit any dispute arising from these Conditions to the exclusive jurisdiction of the competent court. Notwithstanding the foregoing, PROMÉTÉ shall be entitled to seek the granting of any precautionary measures, injunctions or any other emergency measure before any competent court. E. 2 – ANNUAL BENEFITS All benefits payable annual invoicing are extended by tacit agreement for an equivalent period (non-exhaustive list: disease modeling, rental, weather forecasts, maintenance, GPRS package subscription). In the event of termination, you must notify this termination by registered letter with acknowledgment of receipt one (1) month before the end of the contract to the company PROMÉTÉ (Cf. A – Application of the conditions). In the event that the Customer terminates the contract before the end of the contractual period, the total amount of the offer for the duration initially concluded remains automatically acquired by the company PROMÉTÉ, without prejudice to any damages and interest. , except with the prior written consent of PROMÉTÉ. E. 3 – CUSTOMER'S OBLIGATION It is up to the customer to analyze the functional and technical characteristics of the equipment, to check that it meets their own needs. , then to put in place the computer means allowing him to access the recorded data. The Customer expressly accepts and acknowledges: - Having made the choice, under his exclusive responsibility, of the type of data requested according to his own use. He will therefore have no action or recourse against the company PROMÉTÉ in the event that the data provided proves to be non-compliant with his needs - That any resale or distribution of the data provided is prohibited - That a sudden and fortuitous electrical or mechanical breakdown of equipment that does not risk jeopardizing the safety of persons, whether recent or not (normal wear and tear), is an event over which PROMÉTÉ cannot reasonably exercise its control, and whose probability of occurrence is not zero. Any harmful consequence that may result from such a breakdown for the Customer is in no way attributable to the company PROMÉTÉ, except in the case of gross or intentional fault on the part of the company PROMÉTÉ - That the hardware, software, accessories , consumables, may present incompatibilities and operating errors (notions distinct from electrical or mechanical failure) characterizing a situation of logical failure which may lead to interruptions or blockages of processing, loss of programs and data. The Customer will be responsible for all the problems and consequences that may result for him. In the event of a logical failure, the PROMÉTÉ company has no responsibility or obligation. - That given the frequent risk of computer hacking (viruses, Trojan horses, phishing, logical flaw, etc.) and their consequences damage that may result (logical or hardware failures), the Customer will also put in place, at its own expense, any appropriate solution aimed at reducing this risk ( firewall , antivirus, etc.), the company PROMÉTÉ having no responsibility or obligation. - That the company PROMÉTÉ has no responsibility or obligation in the event that the coverage of the mobile telephone network to allow the transmission of data is insufficient or non-existent. - Only in the event of equipment failure used to consult the data provided and of which the Customer would be the owner, or in the event of a network failure (such as and in a non-exhaustive manner: fixed or mobile telephony, electricity, internet) which would prevent consultation of the data, the PROMÉTÉ company has no responsibility or obligation. - That the minimum computer configuration required to be able to fully enjoy the data provided is: - Internet connection: cable or ADSL - Microprocessor: monocore 2.5 Ghz / dualcore 1.6 Ghz or higher - RAM: 1 GB or more - Screen resolution: 1280 x 1024 pixels or more - Operating system: Windows XP or newer with the latest "packs" services installed - Recommended Internet browser: Firefox 3.x (Javascript enabled) - Flashplayer 10.x or higher - Do not claim any price reduction or suspension of invoicing, nor compensation in the event that the data could not be consulted for any reason whatsoever, in particular: partial or total operating incompatibility of the equipment used to transmit the data with any other equipment and/or computer program belonging to the Customer, and/or software whose location aire has an operating license, (impediment of the user: strike, damage, etc.). E. 4 - WITHDRAWAL PERIOD The non-professional Customer benefits from a period of seven (7) clear days , from the receipt by the company PROMÉTÉ of the signed estimate to withdraw without penalty by sending a registered letter with acknowledgment of receipt to the company PROMÉTÉ (Cf. A – Application of the conditions). Nevertheless, in accordance with article L121-20-2 of the Consumer Code, the customer cannot claim his right of withdrawal if he decides to benefit from and/or use, before the end of his seven (7) clear days, his order or his subscription. E. 5 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY The PROMÉTÉ company strives to ensure the availability and reliability of the Services to the best of its ability. However, the Services are provided "as is". The user makes his technical and economic decisions completely independently, the information and data that can be consulted on the site thanks to the Services by the user not being subject to any guarantee. Consequently, PROMÉTÉ is not responsible for omissions or errors in the interpretation of the data that can be consulted, or for any loss or damage suffered by the user, members or third parties to whom it may have communicated data. PROMÉTÉ declines all responsibility for any imprecision or inaccuracy of a result obtained by using the Services and for any consequences related to the use of this result. In addition, the Services of the PROMÉTÉ company are "standard" Services designed and offered as Services for general use and are not intended to meet the specific needs of the Customer. Consequently, any guarantee of adequacy, adaptation, compatibility and operation of the Services with the Customer's applications as well as any guarantee of the suitability of the Services for a specific use is excluded from these General Conditions. In particular for weather forecasts and disease models, decision support tools resulting from these data that can be consulted through the services (for example, and in a non-exhaustive way, the reading of graphs) do not guarantee any result and cannot replace an interpretation and an independent decision. For any loss, loss of profit or damage suffered as a result, the PROMÉTÉ company cannot be held liable. The PROMÉTÉ company does not guarantee in particular that: - your use of the Services will meet your requirements > - your use of the Services will be uninterrupted, timely, secure, or error-free - any information you obtain as a result of your use of the Services will be accurate or reliable - failures in the operation or functionality of any Software provided as part of the Services will be corrected Unless otherwise provided in public order, PROMÉTÉ shall in no event be liable for direct and indirect damages (including, but not limited to, loss of earnings, interruptions of activities, loss of information, or other losses of a pecuniary nature, moral damage, reputation, or image) resulting from an interruption of the consultation of the Services, even though the company é PROMÉTÉ would have been informed of the possibility of such damages. In addition, the user acknowledges that the PROMÉTÉ company will not be liable for any loss of profit suffered by a third party and for any claim or legal action directed or brought against the client by a third party. No stipulation herein Conditions shall not exclude or limit PROMÉTÉ's liability for damages which applicable law prohibits the exclusion or limitation. For all other cases, PROMÉTÉ will not be liable to the user: - for any indirect or collateral damage that the user may suffer, and for any loss of earnings (incurred directly or indirectly), any loss of business, goodwill or reputation, or any loss of data you may suffer - any loss or damage you may suffer resulting from: - any inaccuracy or inaccuracy of any result obtained by the use of the Services, of any omissions or errors of interpretation of the data that can be consulted, and for any consequence linked to the exploitation of this result - of the fact that you relied on the completeness, exactness or effective of any advertisement, or on any relationship or transaction between yourself and any advertiser or sponsor whose advertisement appears in the Services - of any changes PROMÉTÉ may make to the Services or of the permanent cessation or temporary in the provision of the Services (or any features of the Services) - the erasure, alteration or failure to save any Content and other communication data stored or transmitted by means of use of the Services - your failure to provide PROMÉTÉ with accurate information about your account - your inability to maintain the security and confidentiality of your password and account details (which may lead to undesired manual modifications) The limitations of liability referred to will apply, whether or not PROMÉTÉ has been informed or should have been aware of the possibility of the occurrence of such damages. E. 6 – FORCE MAJEURE In the event of force majeure, PROMÉTÉ cannot be held responsible for any suspension of the execution or poor execution of its obligations. For the application of the clause of responsible Instabilities, will be considered as causes of force majeure war, riot, total or partial strikes (internal or external to the establishment, of any nature hindering the smooth running of the company, such as strikes in transport, services postal services), breakdowns and destruction of equipment, stoppage of means of transport and communication, interruption of the supply of energy, raw materials or spare parts, bad weather, earthquakes, fires, storms , floods, water damage, requisitions or provisions of a legislative or regulatory nature restricting the purpose of this agreement or freedom of movement, as well as the cases retained by the usual case law on the subject. The obligations of confidentiality of information imposed on the company PROMÉTÉ by the National Defense are also suspensive of the agreement without financial counterpart. The occurrence of a case of force majeure has the effect of suspending the execution of the obligations of the company. E. 7 – PERSONAL DATA The information requested from buyers when ordering and contained in the files of the company PROMÉTÉ or which are necessary to obtain access to certain services, are processed by the company PROMÉTÉ with the greatest respect for privacy, in order to maintain maximum protection of personal data, according to law 78-17 of January 6, 1978 relating to data processing, files and freedoms, and are transmitted only to natural or legal persons who are expressly authorized to know them. The PROMÉTÉ website and associated services are administered from our head office located in Narbonne, France. This site, as well as all the attached files are registered with the CNIL (Commission Nationale de l'Informatique et des Libertés ). When visiting the website, a certain number of automatically recognized elements are collected and stored , in order to improve our services and establish accurate statistics. These markers (cookies) may contain certain information such as: - IP address - certain information requested when opening your account (Name, First name, Address, Telephone, E-mail, ... ) - The username and password, if the user has chosen to retain them, will be coded and added to the markers (cookie) The user acknowledges that, for the proper functioning of his personal space , he must accept the markers (cookies) by configuring his internet browser as appropriate. Our site does not collect personal data under any circumstances without your explicit consent. Registration on the site leads to the automatic creation of a personal space. The registration form includes personal information: name, email address , telephone, as well as information about the company for professionals. The customer agrees that the information provided during registration is accurate. All registrations require voluntary action on the part of the user. In which case, the information provided will be accessible to the staff of our company . quality and integrity. All PROMÉTÉ employees who have access to the data are required to respect the confidentiality of the personal data of its customers. The PROMÉTÉ company guarantees that your personal data will in no case be communicated to third parties, institutions or governmental authorities, except in the cases provided for by law or regulation, but nevertheless reserves the right to perform and use statistics. from this data. In accordance with articles 38 and following of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the right to access, rectify and deletion of data concerning you. Under no circumstances will PROMÉTÉ communicate personal data without first ascertaining the identity of the applicant. If no proof of identity can be provided, the company PROMÉTÉ reserves the right to refuse to send the personal data requested. E. 8 – INTELLECTUAL PROPERTY You acknowledge and accept that the company PROMÉTÉ holds all intellectual property rights and/or licenses relating to the Services, including all intellectual property rights relating to the Services (regardless of the territory of protection and whether these rights have been the subject of a deposit or Nope). You also acknowledge that the Services may contain information designated as confidential by the company PROMÉTÉ and that you are prohibited from disseminating this information without the prior written consent of the company PROMÉTÉ. In the event of an act of infringement relating to the Services and/or the contents of the PROMÉTÉ company, the Customer undertakes to inform the PROMÉTÉ company thereof without delay. The Customer undertakes to allow PROMÉTÉ itself to ensure the defense of its rights in order to put an end to acts of infringement and to collect any damages and interest that may be due to it, provided that PROMÉTÉ bears the costs relating to the defense of its interests. - Copyright The Services as well as all the elements composing them, and in particular the software and the databases (structure, data, software), the information provided by the company PROMÉTÉ, its trademarks and logos reproduced on the Site and, more generally, the Site itself are the property of PROMÉTÉ. The customer undertakes to respect the intellectual property rights of PROMÉTÉ in the aforementioned matters. Consequently, it is forbidden to reproduce, exploit, use the brands and logos present on the Site. The data generally benefits from the protection provided by the intellectual property code. No component of the Services may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever either, on any medium whatsoever, in part or in whole, without the prior written authorization of PROMÉTÉ. The latter reserve the right to pursue any infringement of its intellectual property rights or those of its partners. In the event that you have entered into a separate agreement with the company PROMÉTÉ expressly granting you the right to use said distinctive signs, you agree to use them in compliance with the stipulations of said agreement, as well as all applicable provisions of the Conditions and directives of the company PROMÉTÉ concerning the use of distinctive signs, as modified from time to time. - License of use The order validated by the customer confers on him a right to use the products or services of the company PROMÉTÉ for a so-called "final" use, ie for its own and internal needs. They do not entail the transfer or assignment of any right to the customer other than this right of end use. This right of use is transmitted on a non-exclusive basis and is not transferable. The customer is prohibited from disseminating, editing, distributing, delivering, supplying, making available, directly or indirectly, the information acquired by him to anyone and by any means, on any medium or form whatsoever, as free or paying, except for internal or private use. Only a written and express agreement from PROMÉTÉ can allow the customer to derogate from this clause. The Customer is responsible for any unauthorized reproduction or communication of the data, whether these result from its fault or its negligence. - Trademarks The Services are made available to the Customer under the PROMÉTÉ and/or AGROCLIM brand. No right is granted by the PROMETE company to the Customer for the use of the brands, logos, and/or other distinctive signs of the PROMÉTÉ company. Any reproduction and/or representation by the Customer of the trademarks, logos, and/or other distinctive signs of the PROMÉTÉ company is strictly prohibited without the prior written authorization of the PROMÉTÉ company. E. 9 – TERMINATION OF YOUR RELATIONSHIP WITH THE COMPANY PROMÉTÉ The Conditions will apply until they are terminated by you or by the company PROMÉTÉ according to the terms set out below. Your contracts concluded with PROMÉTÉ are all and always extended by tacit agreement for an equivalent period. You may terminate your contracts with the company PROMÉTÉ by notifying this termination to the company PROMÉTÉ at any time and by closing your accounts for all the Services that you use, once the company PROMÉTÉ has made such an option available to you. You must send your notification, in writing by registered mail with acknowledgment of receipt, one (1) month before the end of the contractual period, to the address of the company PROMÉTÉ appearing at the top of these General Conditions. In the case of access to paid services, no refund will be granted in the event of early termination of access to the Services. In the event of a breach by the Customer of the obligations provided for in these General Conditions, the company PROMÉTÉ reserves the right, without notice or prior information, to suspend or terminate this contract at any time, without prejudice to the right to claim damages from the Customer, if: - The Customer has violated a stipulation of the Conditions (or acted in such a way to demonstrate clearly that the Customer cannot or does not wish to comply with the stipulations of the Conditions) - the law obliges PROMÉTÉ to do so (for example, when the provision of the Services to you is or becomes illegal) At the expiry of these General Conditions for any reason whatsoever, the rights, obligations and responsibilities from which the company PROMÉTÉ and yourself have benefited, to which you have been subject (or ui have been acquired during the execution of the Conditions) or which are intended to apply beyond the expiration of the Conditions will not be affected by said expiration. The stipulations of these General Conditions will continue to apply indefinitely to the said rights, obligations and responsibilities. E. 10 – INDEPENDENCE OF THE PARTIES The parties declare that they are and will remain throughout the duration of the offer of business partners and independent professionals, each assuming the risks of its own operation. No provision of these General Conditions shall be interpreted as conferring on the Customer the status of representative, agent or representative of the company PROMÉTÉ , for any purpose whatsoever. The PROMÉTÉ company does not incur any liability concerning the proposals, guarantees or contracts concluded by the Customer with third parties. as possible. Nevertheless, the company PROMÉTÉ reserves the right to proceed at any time, without notice, to adaptations and modifications of these General Conditions of Sale. You acknowledge and agree that if you use the Services after the date of modification of the General Conditions, this use will signify your definitive and irrevocable acceptance of the General Conditions as modified. E. 12 - INDEPENDENCES OF THE CLAUSES If the any of the clauses of these General Conditions should prove to be useless, null or without object, the other clauses of the General Conditions will remain unchanged and will continue to apply as if the useless, null or without object provisions no longer appeared in these General Conditions. In the event that a provision of the contract is deemed illegal, invalid or unenforceable by a competent court, the other provisions shall nevertheless retain their full effect. E. 13 – ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW These General Conditions are governed by French law. Expressly, jurisdiction is given to the competent courts of NARBONNE for any dispute that may arise between the parties, even in the event of summary proceedings, warranty claims or multiple defendants, with the application of French law. The customer declares to have read and accept without reservation the General Conditions of Sale of the company PROMÉTÉ reproduced above.

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