General terms and conditions of use (GTCU) of the eSST monitoring software as of 22.11.2019
1. Application area
No tolerance shall be interpreted as a waiver of a right.
Subscription to these services implies the express and unreserved acceptance of the present general conditions by the user.
The signatory of the subscription form binds the designated company, if applicable, to make the regulations, and declares that it is entitled to do so.
For a good understanding of the present, it is specified that,
- Subscriber means the legal person having subscribed to an eSST monitoring and/or eSST companion access licence,
- By “user”, the natural person having access to the services through the subscription subscribed by the subscriber; and,
- Par publisher, the company eSST Sà eSST Sà eSST Sà eSST Sà a company with limited liability to the capital of 180,000 euros, registered under RC B202987, NACE code 74.900 (Other specialised scientific and technical activities), establishment authorisation No 10065062/1 training organisation authorisation No 10065062/2, economic consultancy authorisation No 10065062/0 and whose intra-Community VAT number is LU28208241. The headquarters of eSST SA is located at 49 rue Gabriel Lippmann, L-6947 Niederanven (Luxembourg).
2.1. Subscription terms: Access to the service is by subscription as part of a license that is assigned to a full access code with a password.
The subscriber undertakes to inform eSST SA of any change in the information provided when applying for a subscription, including billing details and/or bank references.
2.2 Modality of access to the service: The subscriber receives an access code completed with a password.
2.3. éIdentification elements: Access codes provided by the publisher or created by the user are personal, confidential and non-transferable. The use of the identification elements constituted by the combination of the identifier and the password assigned to the user is the sole responsibility of the latter.
2.4. Subscription pricing conditions: The prices are automatically subject to the evolution of the consumer index in force in Luxembourg (814.40 to 1.8.2018). Additional adaptations are communicated with an estimated 2 months notice.
2.5. Financial terms: The subscription is invoiced annually. The subscriber receives an invoice for the annual subscription amount at the time of installation of his subscription. Invoices are paid by bank transfer, upon receipt of the invoice.
2.6. Validity period: The subscription is taken out for a period of one (1) year from the date of subscription.
The end of the subscription immediately renders access to the service unavailable.
3. Access to eSST monitoring and eSST companion
eSST monitoring is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of the Publisher and/or the service host, possible breakdowns or maintenance interventions necessary to ensure the proper functioning of the service. The latter do not give rise to any compensation.
eSST companion is a mobile app downloadable on the Apple and/or Google store. eSST companion is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of the Publisher and/or the service host, possible breakdowns or maintenance interventions necessary to ensure the proper functioning of the service. The latter do not give rise to any compensation.
A support service is available to the customer during business hours from 9 a.m. to 5 p.m. Monday to Friday (except on public holidays) by sending an email to [email protected].
The Publisher undertakes to implement all the means at its disposal to ensure good quality of access to the service and to ensure the reliability and speed of the data it disseminates.
The declared User knows and accepts the characteristics and limitations of transmitting information over the Internet, as well as the costs involved in connecting to this network. In particular, it is his responsibility to ensure that the technical characteristics of the hardware and software he uses allow him access to the service under the right conditions, and to take all appropriate measures to be protected from contamination by possible malicious programs.
The liability of the publisher shall not be engaged either expressly or tacitly, for any damage whatsoever suffered by the user or by a third party, reiterated;resulting directly or indirectly from inaccurate or incomplete information, error, delay or lack of online availability or insufficient data completeness. In any event, the liability of the publisher, in the event that it is retained, shall be limited to direct prejudice to the exclusion of any indirect prejudice of any kind whatsoever, such as in particular any loss of data, loss of chance, loss of profit or loss of exploitation, or any other financial loss;The total amount of compensation payable by the Publisher shall not exceed the maximum amount of the price paid annually by the User for the Product concerned.
>4. Data protection
Subscriber data is processed in accordance with the applicable data protection regulations, in particular EU Regulation 2016/679, known as the General Regulation;The Act of 1 August 2018 on the organisation of the National Commission for Data Protection and the General Regime on Data Protection.
The Subscriber is the sole owner of the rights to the Data processed as part of the Subscription, he remains the owner of all the Data he uses via the Software as part of the Agreement.
Therefore, the Subscriber grants, as necessary, to eSST a non-exclusive, worldwide, free and non-transferable license to host, cache, copy and display such Data for the sole purpose of performing the Agreement. This license shall automatically terminate upon termination of the Agreement, unless it is necessary to continue hosting and processing the Data, in particular as part of the implementation of the verification operations provided for in the Agreement.
Access to Data is reserved solely for the Subscriber and its users. However, with the express authorization of the Subscriber and only for needs related to the Software, eSST may also access it. The Customer is informed and accepts that eSST may access its Data and transmit them upon request from an administrative or judicial authority authorized to access the Data. Unless the said retry prevents it, eSST will ensure that the Subscriber is informed without delay of the existence of the retry and the Data that has been transmitted.
During the term of the Agreement, eSST will use commercially reasonable efforts to secure Customer Data by providing regular backup in accordance with standard security standards and the provisions of the Agreement.
eSST is committed to preserving the integrity and confidentiality of the Data contained in the Software. eSST will implement technical and organizational measures to prevent any access or fraudulent use of the Data and to prevent any loss, damage, destruction and piracy of the Data.
eSST will treat Customer Data as confidential information.
eSST will not be bound by the obligation of confidentiality in cases where:
- Disclosure of Subscriber Data is required by law, regulation or if such disclosure is necessary to implement or prove the existence of rights under the Agreement ;
- Subscriber Data has been made available to the public by the Subscriber without restriction and without restriction
- Customer Data was already in the public domain or entered the public domain outside of any eSST intervention.
The subscriber has the right to access, rectify and oppose this data. To exercise this right, it is necessary to contact eSST by email: [email protected].
5. Intellectual property
All the elements of the Software (including brands, logos, drawings, graphics, graphic charts, icons, structures, textual content of the site), when not identified by the logo and colors of eSST, are the exclusive property of eSST.
Likewise, all copyright and other intellectual property rights, as well as any property rights relating to the Software and its components, such as interfaces, terms and conditions;Specific developments of the latter, the databases, as well as the user guides and documentation attached to them, are and will remain the exclusive property of eSST in all circumstances.
More generally, d’eSST is and remains the owner of the intellectual property rights to the computer infrastructure (software and hardware) implemented or developed under the Software Agreement.
As a result, the license to use the Software granted to the Subscriber by the Agreement, allowing the Software to be temporarily made available to the Subscriber;Subscriber and its users, does not result in any transfer of intellectual property to the subscriber’s or users’s benefit.
Consequently, any use, copying, total or partial reproduction, distribution by any means whatsoever, in any form whatsoever, of these signs and any element of the Software, for any purpose other than that agreed to in the Contract, in particular for commercial purposes, is strictly prohibited.
Subscriber and users further agree not to create a hypertext link to the entire content of the Software, or any other technique consisting of displaying a portion of the Software on a third party site.
6. Changes in general conditions
These general conditions are subject to change without further formalities; that the sending to the subscriber of a new modified version, only the latter version being the last one.
7. Information – Claims
All details relating to the application of these general conditions, any request for information or claim relating to the operation of eSST monitoring must be addressed to: [email protected] or by mail: eSST SA, 49 rue Gabriel Lippmann, L-6947 Niederanven
The fact that the claimant does not invoke himself at a given time from one of the clauses contained therein shall not constitute a waiver of his subsequent invoking of these same clauses.
9. Client acceptance
These general terms and conditions of sale are expressly approved and accepted by the customer, who declares and acknowledges that he has full knowledge of them and therefore renounces them; asserts itself against any contradictory document and, in particular, against its own general terms and conditions of purchase, which shall not be enforceable against the service provider, even if it has been made aware of them.
>10. Applicable law and competent jurisdiction
Any dispute relating to the transactions referred to by the T&Cs, which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of the courts of Luxembourg. All clauses contained in these T&Cs and all sales transactions referred to herein are subject exclusively to Luxembourg law.
11. Date of application
The GCU come into force on 22 November 2019.
In case of contradiction between the French and the English version of this text, the French version shall prevail.