Terms and Conditions of Use and Sale
Capitalized terms have the meaning given to them in Article 18 of these General Terms and Conditions of Sale.
ARTICLE 1 – PURPOSE OF THE SERVICE
1.1. The purpose of these Terms and Conditions of Sale is to define the conditions under which we advocacy provides the Service, which is intended to be used in addition to the Google Workspace (™), Office 365 (™) or Outlook (™) applications or services otherwise subscribed to by the Customer.
Any subscription to the Service, regardless of its origin, implies unconditional acceptance of these General Terms and Conditions of Sale, supplemented where applicable by our special terms and conditions, which prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase.
1.2. Use of the Service is governed by the Contract, consisting of these General Terms and Conditions of Sale and the Order, as well as any other terms and conditions applicable to the Service and mentioned in these General Terms and Conditions of Sale or the Order.
1.3. The person subscribing to the Service in accordance with Article 1.2 warrants that they have full authority to bind the Customer and enter into the Contract on behalf of and for the account of the Customer.
1.4. The Customer declares that they are using the Service for professional purposes only.
ARTICLE 2 – AMENDMENTS
2.1. These General Terms and Conditions of Sale, as well as all other terms and conditions to which these General Terms and Conditions of Sale or the Order refer, may be modified at any time by we advocacy, by informing the Customer in advance of such modification with thirty days' notice (the "Notification Period") sent by email to the Customer Contact.
2.2. If the Customer does not object to the new terms and conditions during the Notification Period, they will be deemed to have accepted them. If the Customer refuses them, they may terminate the Contract before the expiry of the Notification Period, with the termination taking effect on the next Renewal Date; during this period prior to the next Renewal Date, the old terms and conditions will continue to apply; if the Customer does not terminate the Contract during the Notification Period, the new terms and conditions will take effect at the end of the Notification Period.
ARTICLE 3 – ORDERS
3.1. Access to the Service is limited to legal entities.
3.2. Any subscription to the Service by the Customer is made directly with we advocacy, by signing the Order.
3.3. The Customer must prove their identity and address by providing the necessary legal documents. Once the mandatory fields on the registration form have been completed, an account will be opened in the Customer's name, accessible via the username and password chosen by the Customer, in accordance with the security criteria established by we advocacy. The Customer will then be able to log in to their account and modify their settings. The Customer will be able to use the Service once the order form has been validated.
3.4. The Customer may then create several User accounts for its employees. Each of the Customer's Users is identified by an email address, which must be active and dedicated to their professional activity. The Customer may also designate other Administrators for the application, who will in turn be able to log in to the administration console by entering a password.
3.5. Each Administrator is responsible for the confidentiality of their password and undertakes not to disclose it to third parties, for which the Customer is responsible. In the event of loss or theft of the password, the Customer undertakes to inform we advocacy as soon as possible. In any event, the Customer shall be fully and solely liable for any damages that may result, and we advocacy shall not be held liable in this respect.
ARTICLE 4 – USERS
4.1. The role, rights, and obligations of Users are specified in the Documentation.
4.2. The Customer shall be responsible for the use of the Service by Users in accordance with the Agreement and the Documentation and its legal and regulatory obligations, and for any action, data or processing recorded or performed by Users through the Service. we advocacy shall not be held liable for any use of the Service by the Customer or Users in violation of their legal and regulatory obligations.
4.3. We advocacy may suspend a User's access to the Service in the event of use of the Service by that User that does not comply with the Contract or the Documentation, until such non-compliance is resolved, subject to giving the Customer fifteen days' notice, or immediately, in the event of a serious breach by the User, it being understood that the Fee shall remain payable in full throughout the period of suspension.
ARTICLE 5 – RIGHTS OF USE
5.1. We advocacy hereby grants the Customer the non-exclusive right to use the Service for its own purposes, in accordance with the Documentation and the Agreement, worldwide and for the Term, in return for payment of the Fee. The rights to use the Service are strictly limited to those expressly provided for in the Agreement and all other rights are expressly reserved by we advocacy.
5.2. The Customer undertakes to use the Service in accordance with the conditions set out in the applicable laws and regulations, including those relating to the transfer of data, technology, or software.
5.3. The Client is not authorized, under the terms of this agreement, without the prior consent of we advocacy, to:
- make any temporary or permanent reproduction of all or part of the Service, by any means whatsoever, with Customer Data not being considered as all or part of the Service;
- transfer, lease, sublicense, or distribute the Service in any way, whether free of charge or for a fee;
- use the Service and/or merge all or part of the Service into other computer programs;
- translate, adapt, arrange, or modify the Service, decompile it, disassemble it, reverse engineer it or attempt to do so, analyze it, particularly with a view to creating a similar application or software, except to the extent permitted by applicable law;
- correct or have a third party correct any anomaly or error in the Service, with we advocacy reserving the sole right to do so (without being obligated to do so).
5.4. If the Customer needs to decompile, translate, or reproduce the Service code for interoperability purposes under the conditions provided for by law, the Customer must first request the information necessary for interoperability from we advocacy, which will provide the necessary interfaces or make the necessary information available to the Customer for a reasonable fee.
5.5. It is the Customer's responsibility to ensure that they have the technical requirements necessary for the proper functioning of the Service, as indicated in the Technical Configuration. we advocacy declines all responsibility in the event of non-compliance with these technical requirements. In any event, the Customer remains responsible for their IT environment and the compatibility of their equipment with the use of the Service.
ARTICLE 6 – MAINTENANCE AND UPDATES
6.1. we advocacy may offer updates to the Service, which will be automatically integrated into the Service, which the Customer expressly accepts.
6.2. we advocacy is committed to setting up and maintaining an online support service available at the following address https://support.weadvocacy.fr/. Telephone support is also available Monday through Friday, from 9 a.m. to 6 p.m., except on public holidays. The telephone number is 07 82 72 97 28.
6.3. we advocacy undertakes, except in the event of disruptions inherent to external service providers or suppliers, to do its utmost to provide the Customer with the right to access and use the Service. It is understood that we advocacy cannot under any circumstances be held liable for any malfunction of the Internet network, regardless of its duration, reason, or nature. We advocacy shall not be held liable for any damage resulting from such interruption or unavailability of the Service, unless the disruptions or malfunctions are inherent to we advocacy.
6.4. The maintenance conditions applicable to the Service are specified in the Service Level appendix, available atthe following address.
ARTICLE 7 – BILLING, FEES, AND PAYMENT TERMS
7.1. The amount of the Fee due in return for the Service will be specified in the Order, according to the quantities and volumes chosen by the Customer and the current we advocacy rate on the date of the Order. Details of the offers are available at the following addresses:
- https://www.weadvocacy.fr/offres/communication-interne/
- https://www.weadvocacy.fr/offres/communication-externe/
7.2. The Service may be used for the quantities and volumes specified in the Order. If the Customer wishes to increase these quantities and volumes, they must place a new Order for the additional quantities and volumes. If the Customer wishes to reduce these quantities and volumes, this reduction will only take effect on the next Renewal Date, provided that the Customer has notified we advocacy of this reduction at least fifteen days before the Renewal Date, by simple email to the following address [contact@weadvocacy.com].
7.3. we advocacy may revise its rates and, consequently, the amount of the Fee at any time, by informing the Customer in advance of this change with thirty days' notice (the "Notification Period") sent by email to the Customer Contact. This rate revision may only occur once a year and within the limit of [10]% of the amount of the Fee.
7.4. If the Customer does not contest the new rate during the Notification Period, they will be deemed to have accepted it. If the Customer refuses, they may terminate the Contract before the expiry of the Notification Period, with the termination taking effect on the next Renewal Date and the old price continuing to apply until the Contract is terminated; if the Customer does not terminate the Contract during the Notification Period, the new price will take effect at the end of the Notification Period.
7.5. The amounts indicated on we advocacy's price lists are exclusive of taxes and must therefore be increased by any taxes, fees, withholding taxes, and other duties (hereinafter the "Taxes") in force on the date of invoicing. If we advocacy is required to collect or pay Taxes on the Fee, these Taxes will be re-invoiced to the Customer by we advocacy.
7.6. Any amount due under the Contract shall be paid in euros within sixty days of the invoice date, unless otherwise specified in the Order.
7.7. In the event of non-payment of any sum due under the Contract on its due date, we advocacy may, without prejudice to its other rights and remedies (including those under Article 12) and without the need for formal notice:
- suspend use of the Service, with the Fee remaining payable by the Customer during the period of suspension,
- charge late payment penalties from the day after the due date by applying to the amount due including tax an annual interest rate equal to the ECB's key refinancing rate plus 10 points.
- apply a flat-rate compensation of €40 for collection costs, without prejudice to its right to claim, upon justification, any additional costs incurred for collection.
ARTICLE 8 – INTELLECTUAL PROPERTY
8.1. The Client acknowledges that we advocacy is and remains the sole owner of all intellectual property rights covering the Service made available to the Client. All intellectual property rights relating to the Service remain the property of we advocacy. The Client does not acquire any intellectual property rights over the Service and only benefits from the rights of use stipulated in Article 5.
8.2. The Customer shall refrain from deleting, removing, or modifying any proprietary notices, including any trademarks or copyright notices, on the Service or the elements contained in the Service or the Documentation.
8.3. Unless otherwise specified in the Order, the Client agrees that we advocacy may include the Client's name (as well as its brand or logo) in we advocacy's client list, as a client reference, whether on the Internet or in promotional documents or materials. The Client also agrees that we advocacy may refer to the Client verbally as a client of the Service.
ARTICLE 9 – LIABILITY
9.1. we advocacy undertakes to use its best efforts to ensure that the Service operates satisfactorily. However, we advocacy is bound in this regard by an obligation of means and not of results, as we advocacy offers no guarantee of continuity of the Service.
9.2. In particular, we advocacy reserves the right to temporarily interrupt access to the Service for maintenance, corrective, and/or upgrade purposes. However, we advocacy undertakes to make every effort to limit the interruption time as much as possible and to inform the Customer in advance.
9.3. No warranty shall be owed by we advocacy and the Client shall not be entitled to any penalty or damages in the event of:
- failure by the Customer to comply with the Technical Configuration,
- force majeure as defined in Article 15,
- malfunction or unavailability of the Customer's equipment or software,
- malfunction or unavailability of third-party equipment or software used by the Customer,
- use of the Service in a manner that does not comply with the Agreement or the Documentation
- Internet network failure.
9.4. we advocacy does not guarantee that the Service will work with any product, hardware, and/or software not provided by we advocacy. It is the Customer's responsibility, in collaboration with we advocacy in its professional capacity, to define its needs and verify that the Service is suitable for them, taking into account the objectives it is pursuing and the hardware and software it uses. The Customer must ensure that it has the necessary expertise and qualified and trained personnel to:
- assessment of the service's compliance with its needs and expectations,
- use the Service
- implement the necessary organizational measures to anticipate and facilitate the installation and use of the Service.
9.5. we advocacy makes no other express, implied, or statutory warranties regarding the Service, including any warranty of conformity, quality, merchantability, or that the Service is suitable for a particular purpose. we advocacy does not warrant that the Service will meet the Customer's needs or that the Service will operate without interruption or be free of errors, anomalies, or hidden defects.
9.6. Daily backup of Customer Data is included in the Service.
9.7. we advocacy cannot be held liable in the event of non-compliance by the Client with the legal and regulatory provisions applicable to them, in particular with regard to social law or personal data law.
ARTICLE 10 – EVICTION WARRANTY
10.1. we advocacy undertakes to defend, at its own expense, the Client against any action for infringement of intellectual property rights brought by a third party and relating to the Service, provided that:
- The Client shall notify we advocacy of any action or claim immediately after becoming aware of it.
- the alleged violation is not the result of the Customer's actions,
- the Client provides all necessary information, elements, and assistance in its possession to we advocacy to enable it to successfully defend the case or reach a settlement agreement
- the Client shall not at any time admit liability in respect of such action or claim, or attempt to settle such action or claim without the prior consent of we advocacy, as we advocacy shall have full control over the defense of such action or claim.
10.2. If all or part of the Service is found by a final court decision to infringe the intellectual property rights of a third party, or if we advocacy considers that it is likely that the Service, in whole or in part, will be found to infringe the intellectual property rights of a third party, we advocacy may, at its discretion, without the Client waiving the right to claim any other damages from we advocacy:
- modify the Service so that it is no longer infringing or provide the Customer with a non-infringing Service with features that are broadly equivalent or superior in performance,
- obtain the right for the Customer to continue using and operating the Service,
- terminate the Contract and refund the Customer the Fee collected for the current year, pro rata to the period during which the Service could not or will no longer be used.
10.3. The above obligations do not apply to any claim or action related to:
- all intellectual property rights not subject to the law of any of the Member States of the European Union,
- the use, combination, modification, adaptation, or exploitation of the Service by the Customer in a manner that does not comply with the Agreement or is not authorized by we advocacy,
- any Customer Data or any content, information, or data provided by the Customer, Users, or any other third party to we advocacy
- any Open Source element.
10.4. The above obligations constitute the sole guarantee granted by we advocacy to the Client in the event of an action or claim by a third party in the event of an infringement of third-party intellectual property rights. The liability of we advocacy shall also be limited in accordance with Article 11.
ARTICLE 11 – LIMITATION OF LIABILITY
11.1. The total liability of we advocacy arising from or related to the Contract shall in no event exceed the amount of the Fee collected by we advocacy under the Contract over the twelve months preceding the event giving rise to its liability, to the fullest extent permitted by law, or in the case of a period of less than twelve months, the amount paid in the last month, multiplied by twelve to obtain a simulated amount over twelve months.
11.2. we advocacy's liability shall be limited to material and immaterial damages, directly and indirectly caused to the Client resulting from duly proven faults attributable to we advocacy. we advocacy shall not be held liable, to the fullest extent permitted by law, for any indirect or immaterial damages, such as any loss of anticipated or existing contracts, loss of profits, revenue, business, savings, data of any kind, costs of supplying replacement products, technologies or services, or any damage resulting from a claim or action by a third party.
11.3. No action may be brought against we advocacy in connection with the Contract after the expiration of a period of five years following the occurrence of the event giving rise to the action.
11.4. The Fee and other sums payable by the Client to we advocacy reflect the allocation of risk accepted by the Parties under the Contract, in particular the limitations or exclusions of liability or warranty provided for in the Contract. The limitations or exclusions of liability or warranty provided for in the Contract shall also apply to the Client's insurers and to any recourse (whether direct or subrogatory) on the part of the Client's insurers.
ARTICLE 12 – PERSONAL DATA
12.1. The Customer is solely responsible for the processing of personal data relating to Customer Data and processed through the Service, of which it remains the exclusive owner, and must therefore comply with all applicable laws and regulations relating to the processing of such data, in particular, in France, the French Data Protection Act No. 78-17 of January 6, 1978, as amended (the "Data Protection Act"), and the General Data Protection Regulation No. 2016/679 (the "GDPR"). we advocacy, within the framework of the Service, acts solely as a processor of personal data. It is reminded that the Client must, without limitation, duly inform the persons whose data will be processed or, where applicable, obtain their consent.
12.2. we advocacy may process the personal data contained in the Client Data for the purposes of performing the Service as a subcontractor of the Client. we advocacy will act in this capacity solely on the instructions of the Client, provided that they are compatible with the performance of the Service. we advocacy shall, in its capacity as a processor, take all necessary precautions, given the nature of the data and the risks presented by the processing, to preserve the security of the Data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties. we advocacy shall follow these recommendations in accordance with the GDPR regulations implemented at we advocacy, which can be consulted via the following link. The list of measures implemented by we advocacy, which is audited and updated regularly, can be provided at the Client's request.
12.3. we advocacy undertakes not to disclose the Customer Data provided by the Customer to any third party other than those to whom it is strictly necessary to transmit the Data in the context of the performance of the Service, provided that they are expressly brought to the Customer's attention and are subject to a confidentiality obligation. we advocacy undertakes not to transfer any Customer Data outside the European Union, except to a third country offering an adequate level of protection within the meaning of the supervisory authorities or to a subcontractor authorized by the Customer. Use of the Service implies express acceptance, for the purposes of performing the Service, that Customer Data may be processed in whole or in part by Google Ireland Limited, through the Google Cloud Platform (™) located in Europe. The protection of this Data is ensured under the conditions set out in the Google Cloud Platform Terms of Service.
12.4. In the event of a breach of Customer Data within the framework of the contractual relationship with we advocacy, we advocacy undertakes to alert the Customer as soon as possible, in order to enable the Customer to make any necessary notifications to the CNIL and/or the persons concerned, and will assist the Customer in this regard.
12.5. The Client is solely responsible for processing requests for access, rectification, restriction, erasure, portability, and objection that may be exercised by the persons concerned. The Client is required to inform we advocacy of such requests in a timely manner so that we advocacy is able to take them into account. When such a request is made to we advocacy, we advocacy undertakes to inform the Client of this request without delay. In any event, we advocacy undertakes to cooperate with the Client and make its best efforts to help the Client meet the legal requirements relating to the protection of personal data incumbent upon the Client in order to respect the rights of the persons concerned.
12.6. The Customer undertakes to take all necessary measures to prevent any damage resulting from an infringement of its Customer Data. In particular, the Customer undertakes to ensure that its Customer Data is backed up regularly in accordance with the current state of the art.
12.7. we advocacy undertakes not to retain Customer Data beyond the retention period set by the Customer for the purposes for which it was collected. At the Customer's request, we advocacy will return the Data within 15 days of receiving the request, without prejudice to the Customer's obligation to ensure that the Data is backed up. we advocacy undertakes to destroy any Data provided by the Client at the latter's first request, and in any event upon expiry of the Contract or in the event of its termination.
12.8. we advocacy shall not be held liable for the Customer's processing of personal data processed through the Service. The Customer therefore undertakes to defend and indemnify we advocacy against any costs, losses, loss or damage (including attorneys' fees and court costs), including in the event of a claim or action by third parties (in particular persons whose personal data is processed), arising from or in connection with the processing of such personal data by we advocacy in accordance with the Client's instructions.
12.9. We advocacy will use, as data controller, the personal data of the Customer Contact or the person responsible for paying for the Services on behalf of the Customer, for the purposes of managing the Contract, performing the Services, and promoting other services or products by we advocacy. This data is intended for the commercial, administrative, and technical departments of we advocacy and may be communicated by we advocacy to its payment service providers, subcontractors, and suppliers. In accordance with the French Data Protection Act, individuals whose data is processed have the right to access and rectify information concerning them held by we advocacy. They may also object to the processing of their data by we advocacy, for legitimate reasons, on the understanding that, in this case, the Service cannot be provided under the terms of the Contract.
ARTICLE 13 – TERM AND TERMINATION
13.1. The Contract shall take effect on the Activation Date, for the Trial Period, if such a Trial Period is provided for in the Order, and then for the Term stipulated in the Order.
13.2. The Agreement shall be automatically renewed on the same terms and conditions for successive periods equivalent to the Term, unless terminated by either party with at least three months' notice prior to any Renewal Date.
13.3. If the Order stipulates an indefinite Term, the Contract may be terminated at any time by the Customer or we advocacy, subject to at least three months' notice, or any other notice period stipulated in the Order.
13.4. Either party may terminate the Agreement automatically and with immediate effect:
- in the event of a breach by the other party of its obligations hereunder, if the other party fails to remedy the breach within thirty days of notification of such breach, without prejudice to any damages to which the party initiating the termination may be entitled;
- subject to applicable legal and regulatory provisions, in the event of judicial or amicable reorganization or liquidation of the other party, any court decision appointing an administrator for the purpose of administering all or part of its assets, property, or business, any collective proceedings initiated against it or any other similar proceedings in its country of establishment, whether such proceedings are initiated at its request or as a result of action by a third party, any state of insolvency of the other party;
- in the event of a breach by either party of Articles 5 or 14;
- pursuant to Article 10.
13.5. All rights and obligations of the parties hereunder shall cease on the date of termination or expiration of the Agreement, except for those provisions which, by their nature, must survive such termination or expiration.
ARTICLE 14 – CONFIDENTIALITY
14.1 For the purposes of this clause, "Confidential Information" means any information relating to the parties or their business, including any commercial, financial, marketing, and technical information, any information relating to intellectual property rights, ideas, concepts, technology, processes, and know-how, any information relating to research and development, as well as the Contract and any information obtained in connection with the Contract and its negotiation.
14.2. Each party shall keep confidential, use only for the purposes of the Agreement, and not disclose to any third party without the prior consent of the other party that disclosed any Confidential Information, unless the information was:
- in the public domain on the date of its disclosure,
- in the possession of the receiving party because it was acquired from a third party who validly communicated it, without violating any confidentiality obligation,
- to be disclosed to a third party by virtue of a law, court order, or decision of a competent public authority, provided that the receiving party has informed the disclosing party in advance, to the extent possible, so that the latter can protect its interests.
14.3. To the extent necessary for the performance of the Agreement, each party may disclose Confidential Information to its employees or subcontractors, provided that it informs them of its confidentiality obligations under the Agreement and obtains their commitment to comply with those obligations.
14.4. This confidentiality clause shall apply throughout the Term and as long as the Confidential Information has not fallen into the public domain, and in any event for a period of one year after the termination or expiration of the Agreement.
ARTICLE 15 – FORCE MAJEURE
15.1. Force majeure occurs when an event beyond the control of the parties, which could not reasonably have been foreseen at the time of conclusion of the Contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation, in accordance with the definition given by French law and courts.
15.2. In such a case, the party directly affected by the impediment to the performance of its obligations shall immediately notify the other party in writing and shall provide proof of the force majeure event within ten (10) days of the date of notification.
15.3. If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the Contract. If the impediment is permanent, the Contract shall be terminated automatically and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 16 – GENERAL
16.1. Neither party may assign, contribute, or sublicense the rights or obligations under the Agreement, even in the event of a merger, spin-off, or universal transfer of assets.
16.2 Each party may assign or contribute the Agreement (including by merger, spin-off, or universal transfer of assets) to any Affiliated Company and shall be released from all of its obligations under the Agreement to the other party upon notification of such assignment or contribution.
16.3. We Advocacy may subcontract all or part of its obligations under the Contract, it being understood that it shall remain responsible for the performance of said obligations by the subcontractor.
16.4. The Contract contains the entire agreement between the parties in relation to the subject matter hereof and supersedes and replaces any prior agreement, oral or written.
16.5. If any provision of the Agreement is declared invalid or unenforceable in any way and for any reason, this shall not affect the validity of the other provisions of the Agreement, and the parties shall consult with each other to replace the invalid or unenforceable provision with another provision that has the closest possible economic effect.
16.6. The failure of either party to exercise, in whole or in part, any right, power, or privilege conferred upon it under these Terms shall not be deemed a waiver of such right, power, or privilege, which may be exercised at any time.
ARTICLE 17 – APPLICABLE LAW AND JURISDICTION
17.1 The Contract is governed by French law.
17.2. Any dispute arising from the formation, interpretation, performance, or termination of these General Terms and Conditions of Sale for any reason whatsoever shall be subject to an attempt at conciliation.
In the absence of an amicable settlement within ten (10) days of the written request by the most diligent party, the dispute shall be submitted to mediation between the parties. This procedure is confidential. Mediation shall be conducted before a single mediator belonging to the Paris Mediation and Arbitration Center. The parties shall submit to the rules of this mediation center, which shall appoint the mediator who will organize the mediation. The attempt at mediation must be made in good faith and the parties agree, in this spirit, to meet at least once under the auspices of the mediator. Unless otherwise agreed by the parties, mediation may not continue for more than two (2) months from the date on which the mediator is appointed. The costs and fees of mediation shall be borne equally by each of the parties. Each party shall bear the costs and fees of any advisors they may appoint in the context of mediation.
If mediation fails, each party shall be free to refer the matter to the Commercial Court of Paris, to which the parties confer exclusive jurisdiction.
The foregoing provisions shall not, however, prevent the parties from taking, before any competent court, any protective or provisional measures necessary to preserve their mutual interests.
ARTICLE 18 – DEFINITIONS
In addition to those defined elsewhere in the Contract, capitalized terms shall have the following meanings:
- " Order " means the order placed by the Customer with we advocacy to access and use the Service.
- " Customer " means any entity that has subscribed to or signed an Order for the use of the Service and is designated as such in the Order.
- " Technical Configuration " means the technical configuration that the Customer must have in order for the Service to function properly, as described in the Documentation.
- " Client Contact " means the we advocacy contact person at the Customer, as designated by the latter in the Order.
- " Contract " means the contract concluded between we advocacy and the Client consisting of these General Terms and Conditions of Sale, the Order, and any other terms and conditions to which these General Terms and Conditions of Sale and the Order refer, these General Terms and Conditions of Sale prevailing over the Order in the event of any contradiction between the two, unless otherwise stipulated in the Order.
- " Renewal Date " means the expiration date of the Term and any expiration date of any successive renewal period of the Term.
- " Activation Date" means the date on which the Service commences, as specified on the Order. The Service commences on the date of signature of the Order unless the Order specifies another date for the commencement of the Service.
- " we advocacy " means we advocacy, a simplified joint stock company with capital of €13,817, having its registered office at 10 Chemin du Renevier, 38000 Grenoble, France, identified under number RCS GRENOBLE 833 963 069.
- " Documentation " refers to the document containing the instruction manual and technical documentation relating to the Application. Documentation relating to external communication is available by clicking on the following link and for internal communication by clicking on the following link.
- " Customer Data " means the data (including personal data), content, and information recorded, generated, transmitted, or displayed by the Customer or Users through the Service, as well as the personal data of Users.
- " Term " means the period during which the Customer's subscription allows them to access and use the Service, as set out in the Order.
- "Third-Party Software" : any software belonging to a third party that is integrated with or interacts with the Service.
- " Open Source Elements " means all elements, programs, or components integrated into the Service and placed under a free or Open Source license, according to the terms of a license approved as "Open Source" by the Open Source Initiative.
- " Google " means the entity of the Google group with which the Customer has subscribed to Google Workspace (™).
- " Microsoft " means the Microsoft group entity with which the Customer has subscribed to Office 365 (™) or the Outlook email client.
- " Office 365 (™) " Computer applications offered by Microsoft to end users that may be interoperable with the Service from time to time. This suite includes, in particular, the Outlook email tool.
- " Outlook (™) " Email tool that Microsoft offers to end users and that is interoperable.
- " Google Workspace (™) " Computer applications that Google offers to end users and that may be interoperable with the Service from time to time. This suite includes Gmail, among others.
- " Gmail (™) " Email tool offered by Google to end users that is interoperable.
- " Google Cloud Platform (™) " means the hosting platform operated by Google in accordance with the Google Cloud Platform Terms of Service.
- " Google Cloud Platform Terms of Service " means the terms and conditions applicable to the services provided by Google on the Google Cloud Platform, available at https://cloud.google.com/terms/.
- " Fee " means the remuneration for the Service as defined in the Order.
- " Service " means any application or service published by we advocacy subscribed to through an Order, and described in more detail in the Documentation or on the we advocacy website.
- " User(s)" means the natural persons employed by the Customer and authorized by the Customer to use the Service.
" Administrator(s) " means the natural persons employed by the Customer and authorized by the Customer to administer the Service.