1. Presentation of the website.
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the SYSTEMX website the identity of the various stakeholders in the context of its implementation and of his follow-up :
Owner : SAS SYSTEMX Share capital of 80000 € VAT number: 521 029 686 - 126 rue de Charenton 75012 – Groupe XEFI
Publication Manager : Pierre Guillermet – firstname.lastname@example.org
Host : IONOS SARL
Data Protection Officer : Myriam RAMBAUD – email@example.com
2. General conditions of use of the site and services offered.
The Site constitutes a work of the spirit protected by the provisions of the Code of the Intellectual Property and the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.
The use of the https://www.system-x.fr website implies the full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site https://www.system-x.fr are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by https://www.system-x.fr, who will then endeavor to communicate before users the dates and times of the intervention. The website https://www.system-x.fr is updated regularly by https://www.system-x.fr responsible. In the same way, the legal mentions can be modified at any time: they impose nevertheless on the user who is invited to refer to it as often as possible in order to take note of it.
3. Description of the services provided.
The purpose of the website https://www.system-x.fr is to provide information concerning all the activities of the SYSTEMX company and endeavors to provide on the https://www.system-x.fr site information as accurate as possible. However, it can not be held responsible for the omissions, inaccuracies and deficiencies in the update, whether of its own doing or because of third party partners who provide this information.
All information listed on the site https://www.system-x.fr are given for information only, and are subject to change. Furthermore, the information on the site https://www.system-x.fr is not exhaustive. They are given subject to modifications having been made since they went on line.
4. Contractual limitations on technical data.
The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with a browser last generation updated. The https://www.system-x.fr website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n ° 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance purposes, to improve its infrastructures, to fail in its infrastructures or if the Services and Services generate deemed traffic. unnatural.
SYSTEMX and the hosting company can not be held responsible in the event of a malfunction of the Internet, telephone lines or computer and telephony equipment related in particular to the congestion of the network preventing access to the server.
5. Intellectual property and counterfeits.
SYSTEMX owns the intellectual property rights and has the rights to use all the elements available on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization of SYSTEMX.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Code of Intellectual Property.
6. Limitations of liability.
SYSTEMX acts as publisher of the site and is responsible for the quality and veracity of the Content it publishes.
SYSTEMX can not be held responsible for direct or indirect damage caused to the user's equipment, when accessing the website https://www.system-x.fr, and resulting from the use of a hardware failing to meet the specifications indicated in point 4, either the appearance of a bug or an incompatibility.
SYSTEMX can not also be held liable for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site https://www.system-x.fr. Interactive spaces (possibility to ask questions in the contact area) are available to users. SYSTEMX reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable law in France, especially the provisions on data protection. Where applicable, SYSTEMX also reserves the right to question the user's civil and / or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text , photography …).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Regulation on Data Protection (RGPD: No. 2016-679).
7.1 Responsible for the collection of personal data
For the Personal Data collected as part of the creation of the User's personal account and its navigation on the Site, the Person in charge of the processing of Personal Data is: SYSTEMX and is represented by Myriam Rambaud, DPO, his legal representative.
As the person responsible for processing the data it collects, SYSTEMX undertakes to comply with the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, complete information on the processing of their personal data and maintain a record of treatments in line with reality. Whenever https://www.system-x.fr processes Personal Data, SYSTEMX takes all reasonable steps to ensure the accuracy and appropriateness of the Personal Data with regard to the purposes for which SYSTEMX processes them.
7.2 Purpose of the data collected
SYSTEMX may process all or part of the data :
SYSTEMX does not commercialize your personal data which is therefore only used by necessity or for statistical purposes and analyzes.
7.3 Right of access, rectification and opposition
Conformément à la réglementation européenne en vigueur, les Utilisateurs de https://www.system-x.fr disposent des droits suivants :
As soon as SYSTEMX becomes aware of the death of a User and in the absence of instructions from him, SYSTEMX undertakes to destroy his data, unless their retention is necessary for probative purposes or to fulfill a legal obligation.
If the User wishes to know how SYSTEMX uses his Personal Data, ask to rectify or oppose their treatment, the User may contact https://www.system-x.fr in writing at the following address:
SYSTEMX – DPO, Myriam RAMBAUD
126 rue de Charenton 75012 Paris
In this case, the User must indicate the Personal Data that he would like SYSTEMX to correct, update or delete by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations that are imposed on SYSTEMX by law, particularly with regard to the preservation or archiving of documents. Finally, Users of https://www.system-x.fr may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
SYSTEMX is prohibited from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "unsuitable" by the European Commission without informing the client in advance. However, SYSTEMX remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: No. 2016-679).
SYSTEMX undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of SYSTEMX, it shall promptly inform the Customer and notify him of the corrective measures taken. In addition, SYSTEMX does not collect any "sensitive data".
The Personal Data of the User may be processed by SYSTEMX subsidiaries and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to the data of SYSTEMX Users are mainly the agents of our customer service.
8. Incident Notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can not therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them comply with their own regulatory reporting requirements.
No personal information of the user of the site https://www.system-x.fr is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of redemption of SYSTEMX and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site. https: //www.system-x.fr.
When processing Personal Data, SYSTEMX shall take all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links "cookies" and tags ("tags") internet
Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
9.1. « COOKIES »
A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (eg computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.
SYSTEMX may process the User's information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://www.system-x.fr to improve the content of the Site, the navigation of the User.
Cookies facilitating the navigation and / or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are registered in the Website. the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are proposed to him punctually, before a Cookie is likely to be registered in his terminal. SYSTEMX informs the user that, in this case, it is possible that the functionality of its browser software is not all available.
If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when https://www.system-x.fr or one of its service providers can not recognize, for technical compatibility purposes, the type of browser used by the terminal, the language settings and display or the country from which the terminal appears to be connected to the Internet.
If necessary, SYSTEMX declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://www.system-x.fr, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for https://www.system-x.fr to register or to consult Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.
At any time, the User can make the choice to express and modify his wishes regarding Cookies. SYSTEMX may also use the services of external service providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to Facebook and LinkedIn social networks appearing on the https://www.system-x.fr website and if the user has accepted the deposit of cookies by continuing to browse the website of SYSTEMX, Facebook and LinkedIn can also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your devices if you consent, by continuing your navigation on the Website https://www.system-x.fr. At any time, the User may nevertheless revoke his consent to SYSTEMX depositing this type of cookie.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the site https://www.system-x.fr is subject to French law. Except in cases where the law does not permit, exclusive jurisdiction is granted to the competent courts of NANTERRE (FRANCE).
TERMS AND CONDITIONS OF SALE OF THE MATERIALS, SERVICES AND SOFTWARE PROVIDED BY SYSTEMX®
SYSTEMX is a simplified joint stock company (SAS), whose head office is located at 126 rue Charenton 75012 PARIS.
The General Rental & Maintenance Conditions described below detail the rights and obligations of SYSTEMX and its customer (hereinafter "the Customer" or "The Buyer") in the context of the sale of the product: XD PRINT .
Any service performed by the company SYSTEMX therefore implies the Customer's unreserved acceptance of these general conditions of Rental & Maintenance.
By contracting with SYSTEMX, you unreservedly accept these General Rental & Maintenance Conditions. You therefore declare and acknowledge that you have read these General Conditions of Rental & Maintenance.
These General Conditions are applicable throughout the duration of the performance of the definitively validated services. Furthermore, you are informed that these General Conditions may be updated at any time.
The General Rental & Maintenance Conditions are available at any time and on simple request. The current version of these General Conditions is the only opposable one until a new version replaces it.
SYSTEMX reserves the right to modify, at any time, the content of the offers offered.
2. Description of services
Full membership in the context of the sale of XD PRINT products covers the following services:
- Provision of a right to use an XD PRINT license for a defined number of months
- Installation of an IT infrastructure (except in the case of virtualization) called “server” and of a patient image and data management tool called “software”
- Installation of one or more printer(s) connected to the server(s)
- Start-up assistance
- Maintenance contract with warranty for the entire contractual period subscribed
- Remote repairs, possible travel by SYSTEMX technicians (or operating on behalf of SYSTEMX) and labor under the warranty and equipment connected by SYSTEMX teams.
- Start-up assistance following the installation of software patches
Definition of Equipment (“Equipment” or “Material”): Equipment is said to be new or used:
- New Equipment means a factory-made product including new and/or reconditioned parts. These have the same specifications as new parts.
- Used Equipment means a product that has already been used. When it has been overhauled by the supplier, in particular in the workshop, its new user can take out a maintenance contract corresponding to the equipment and the type of overhaul to which it has been subjected.
Definition of Maintenance:
"Maintenance" includes troubleshooting, repairing, adjusting and checking the Equipment and the Licensed Software, as required, as well as the supply of necessary spare parts and consumables. These may be new or remanufactured parts, checked after fitting and complying with the manufacturer's specifications. Maintenance relates to an annual volume commitment of copies/pages on the part of the Customer. Maintenance is for one, three, four or five years.
3. Description of the use of the services offered
SYSTEMX, before drawing up an estimate, will ask you to provide the following information:
- Name or corporate name
- Full address or registered office
The Customer is personally responsible for the information communicated and must immediately contact SYSTEMX at the contact details mentioned in the preamble hereof if he notices that certain information appears to be incorrect.
The offers offered are subject to change and SYSTEMX reserves the right to offer any Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
These General Rental & Maintenance Conditions apply to all products and services offered by SYSTEMX and subject to an Order by the Customer, regardless of the general conditions of purchase. Any order materialized by the signature of a purchase order issued by SYSTEMX implies unreserved acceptance of the provisions of these General Conditions of Rental & Maintenance.
The Customer has the option of placing an Order either by post, e-mail, fax, telephone or during an appointment with one of the representatives at 126 rue charenton 75012 PARIS.
Each Order placed is preceded by the opening of a file. SYSTEMX will then carry out the feasibility study of the Customer's project and send an estimate based on the information provided by the Customer.
The quote is free and sent to the Customer by any means. It specifies in particular the methods for determining the price indicated on the order form.
A purchase order will also be sent to the Customer in order to materialize his commitment.
To confirm his Order firmly and definitively, the Customer must return to SYSTEMX the order form signed with the mention "good for agreement".
Failing receipt of the signed purchase order within 30 days, SYSTEMX reserves the right not to perform its Service. In the absence of receipt of the order form within two months from the date of dispatch, the order form is deemed to have expired.
In the event of cancellation of the Order by the Customer after signature of the order form, for any reason whatsoever except force majeure and before any start of performance of the Services, the customer will be liable for 40% of the amount of the order. total (over the entire duration of the rental) and cannot give rise to any refund or dispute.
5. Prices and Billing
The products and services are provided at the prices mentioned on the estimate. They are net and the mention HT or TTC will be specified directly on the estimate. As the rates charged cannot be determined with accuracy in these General Conditions, SYSTEMX undertakes to provide the Customer who requests it, with a sufficiently detailed estimate.
The prices offered are those in effect at the time the order form is signed by the Customer and are subject to change depending on the market and will be updated as changes occur.
SYSTEMX will be entitled, after having informed the Customer, to increase its prices and/or not to proceed with the delivery on the date indicated on the quote in the event that the Customer, after signing the order form, wishes to modify the scope of the mission entrusted to the Service Provider.
Any decision to discount, reduce or apply decreasing rates, according to a percentage or a package remains at the sole discretion of SYSTEMX and this, only for the service which is the subject of it. Any discounts or rebates granted to the Customer shall in no case give rise to an acquired right for subsequent services.
The operating costs incurred by the execution of the services will be invoiced to the Customer according to their actual amounts, on justifications.
The Price of Maintenance or one of its components is revised under the following conditions.
SYSTEMX notifies the Customer by any means of the revision rate of the Maintenance Price or of one of its components "the Notification". The components of the Price to which the revision relates and the date of application of the new price after application of the revision rates, "the New Price", are detailed below:
- The revision of the Maintenance Price concerns the package and the price of the page. The New Price applies automatically, without formality, on the anniversary date of the Contract.
- If the Price increase resulting from this revision is greater than 150% (one hundred and fifty percent) of the variation of the benchmark index as defined below, the Client has the option of denouncing the Contract, by letter registered mail with acknowledgment of receipt, within 15 (fifteen) days following the Notification. In the event of refusal of the New Price by the Customer, under the conditions indicated above, the Contract automatically terminates 3 (three) months after the effective date of application by SYSTEMX of the New Price, the old price remaining applicable during these 3 months.
Definition of the Benchmark Index:
The reference index is the INSEE monthly index of the hourly cost of labor – all employees for the “mechanical and electrical industries” category, or, in the event of the disappearance of said index, any similar index or one which would replace it. Its variation is calculated as follows:
Starting index: Reference index of the month (last published reference index) taken into account during the last price revision by SYSTEMX.
Arrival index: Benchmark index of the month (last benchmark index published) separated from the starting index by the number of months elapsed since the date of application of the New Price.
After each price revision, the Arrival Index becomes the new departure Index. The Index may be communicated to the Client at his request.
The delay or absence of Notification by SYSTEMX of the rate of revision to the Customer does not entail a waiver on the part of the latter of the provisions relating to the revision of the price for payments to be due.
Invoicing for Maintenance is carried out in accordance with the Order Form. The Price as stipulated on the Order Form is increased by the taxes legally applicable on the day of invoicing. Invoicing may be carried out by the Reseller or an agent of his choice. Any period started is due in full. Maintenance is the subject of adjustment invoices based on meter readings taken by the Customer under the conditions defined in this contract. It is understood that all the pages, subject of the volume commitment which would not be used on the date of the meter readings will not be the subject of a credit note from 126 rue charenton 75012 PARIS.
6. Terms and late payment
Unless otherwise specified, payment for orders is made by direct debit. Invoices are payable quarterly, term in arrears.
To this end, the Customer authorizes SYSTEMX or an agent of his choice to make withdrawals from his account and to notify the paying institution. To this end, he signs a direct debit authorisation. The Customer undertakes to maintain said authorization in force throughout the duration of the contract. Any transfer to another establishment is subject to information from SYSTEMX.
Any dispute relating to an invoice must be brought to the attention of SYSTEMX within a period of 2 months, upon receipt of this invoice, and in writing. Otherwise, the invoice will be considered as definitively accepted by the Customer.
In the event of total or partial non-payment of the products or services delivered on the day of receipt, the Customer must pay SYSTEMX a late payment penalty equal to three (3) times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the order.
This penalty is calculated on the amount excluding VAT of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs (Articles 441-6 , I paragraph 12 and D. 441-5 of the Commercial Code).
The Customer will also bear the costs incurred by SYSTEMX for the recovery of its debt and will be liable as a penalty clause for compensation equal to 15% of the unpaid debts without prejudice to any other rights of the supplier. Any amount paid by the Customer will be deemed to be applied in priority to the amount of late payment interest due to SYSTEMX
In the event of total or partial non-payment of an invoice on the due date, SYSTEMX may also refuse to honor any new order or any order in progress, or make the execution of this order subject to cash payment. No complaint from the customer can suspend the payments due by the latter and no compensation can take place without the written agreement of SYSTEMX. SYSTEMX may assign its receivables to a factoring company. Payment must then be made to the said company.
If within fifteen (15) days following the implementation of the "Terms and delay of payment" clause, the Customer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the allocation of damages for the benefit of SYSTEMX.
7. Exclusion of the right of withdrawal
It is expressly reminded that under the terms of articles L121-21-5 and L121-21-8 of the Consumer Code, the Customer cannot exercise his right of withdrawal concerning the Services which are either fully performed before the end of the period of withdrawal or whose execution has begun, with its agreement and express waiver of its right of withdrawal, before the end of this period.
This agreement and express waiver of your right of withdrawal is made at the time of signing the quote with the mention "good for agreement".
No discount will be granted in the event of early payment.
9. Delivery and installation
The products are delivered to the address indicated on the order form by the Customer.
Delivery times are only given as an indication, they are in no way guaranteed, and exceeding them cannot result in the termination of the order or give rise to any compensation.
The Customer must check the quantity, conformity and condition of the products delivered.
It is the Customer's responsibility to make the necessary findings and reservations and to complete within seventy-two (72) hours of delivery, with the carrier, the formalities provided for in Article L. 1 33-3 of the Commercial Code (registered letter AR addressed to the carrier). A copy of any claim made to the carrier and/or its insurer must be sent to SYSTEMX.
Any claim relating to apparent defects, missing products or non-compliance of the products delivered with the order must be notified to the Supplier in writing within seven (7) days of receipt of the products. Failing this, SYSTEMX will be released from any obligation vis-à-vis the Client.
Any return of missing, non-conforming or defective products must be subject to prior acceptance by SYSTEMX and will give rise to an exchange, repair, establishment of a credit note or reimbursement at SYSTEMX's option. In the event of a partial return, the credit note will be calculated on the basis of the products actually returned.
The returned product must not have undergone any modification and be in a condition considered as new, that is to say accompanied by the cables and accessories necessary for its operation, in working order and in its original packaging. Any return of equipment, beyond the period of one month from the date of acceptance of the return by SYSTEMX will be inadmissible. In the event that the returned product does not have the characteristics set out above, SYSTEMX may repair the equipment, at the Customer's expense. The amount of these costs is fixed and assessed at 10% of the purchase price of the product concerned. This amount does not cover in any case the possible costs of a repair made necessary by a bad installation of the product, nor the costs related to any alteration of the programs, software or data, immaterial elements of the returned product and of which SYSTEMX cannot in any case be held responsible. In the case of a carrier mandated by SYSTEMX, the risk of transport is borne entirely by SYSTEMX.
10. Schedule and intervention
Hotline technical support can be reached on +33 (0) 974 765 100
Interventions on telephone calls are carried out from Monday to Friday - excluding public holidays - from 8:00 a.m. to 7:00 p.m. These hours are subject to change.
The Hotline undertakes to call the customer back as soon as possible, striving to meet a deadline of less than one (1) hour.
Any intervention requested outside these hours, whether for corrective or upgrades, will be subject to specific invoicing at the current rate.
Operational remote access is essential to ensure effective support. If this access is not available, the movement of the technicians on site will be invoiced at the current rate.
The customer agrees to allow personnel sent by SYSTEMX free access to the equipment covered by this contract. He will leave him sufficient space, will provide him with the necessary assistance, and must in particular provide him with the operators and the equipment necessary for the execution of the repair work (excluding parts and hardware).
Corrective updates will be made by remote maintenance only in the event of critical and mandatory updates, otherwise, the updates will be made after submission of an estimate to the customer, unless there is a specific clause.
Remote maintenance: This consists of remote monitoring to verify the proper functioning of the system and the modification of any parameters in order to ensure continuity of service. The customer therefore has the obligation to provide SYSTEMX with an ADSL-type internet connection. Otherwise, SYSTEMX may offer the opening of a broadband line to the customer. The opening of a broadband line will remain the responsibility of the customer.
The Customer undertakes to transmit all the necessary information to SYSTEMX on its installations (local or decentralized), and must demonstrate its broadest collaboration during maintenance operations or technical assistance on site or remotely.
In the event that the Customer refuses to collaborate during the intervention of a technician or area manager, i.e. the latter would find themselves unable to access the Customer's technical configurations through their own initiative, SYSTEMX is able to invoice the Customer for the amount of additional costs incurred at the rates in force (labour, travel, interventions, search for information, etc.).
For security reasons, the Customer agrees that at least one (1) person is present during SYSTEMX interventions on the site.
The equipment may not be modified, moved or repaired by third parties without the prior written authorization of SYSTEMX.
In the event of non-compliance with one of the provisions of the contract or the obligations specified, SYSTEMX may terminate this contract by giving one month's notice.
12. Supply of consumables
"Consumables" refers to all consumer items allowing the proper functioning of the rented devices. Includes toners, customer replaceable units, toner cartridges, ink sticks, Xerox/Lexmark compatible, remanufactured or OEM, including staples. Unless otherwise stipulated in the contract, the paper is the Customer's responsibility.
This contract includes the supply of consumables. SYSTEMX and its suppliers follow the Customer's orders for consumables thanks to the meter readings received from the Customer, from the Meter Reading tool or during technician visits or by any other means.
In the event of a payment incident SYSTEMX reserves the right not to honor the order.
Consumables are sent exclusively to the Customer's address where the equipment is located. Any delivery to another address, at the Customer's request, must be approved by SYSTEMX.
Unless it is equipped with an information feedback tool, the Customer must provide the necessary information (black & white meter readings, color, etc.) relating to the serial number of the equipment covered by the Maintenance and for whom the consumables are intended. Otherwise, SYSTEMX is under no obligation to ship consumables. SYSTEMX reserves the right to modify the required information as well as its mode of transmission.
The consumables delivered under the Maintenance contract remain the property of SYSTEMX until they are used for the equipment covered by this contract.
SYSTEMX and its suppliers reserve the right to supply refurbished or refilled Consumables that have the same specifications as new.
SYSTEMX and its suppliers provide the Consumables within the limit of the Customer's normal consumption which is determined by SYSTEMX and its suppliers at their discretion.
The Consumables are intended to be used by the Customer only for the equipment covered by this contract. SYSTEMX reserves the right to invoice the Customer for Consumables ordered for equipment other than that covered by the Maintenance contract.
Consumables that exceed the Customer's consumption remain the property of SYSTEMX, which reserves the right to charge for Consumables that are not returned to it.
Consumables or page volumes not used during a contract year do not carry over to subsequent contract years.
Consumables cannot be ordered in advance or all at once, but must be ordered as and when the Customer's normal needs arise (checked by means of meter readings).
13. Dissemination, backup and protection of data
The Customer is responsible for the content that he distributes, uses and/or transfers and therefore undertakes to comply with the legislation in force.
The Customer is prohibited from any fraudulent, abusive or excessive use of the Services.
The Customer agrees that the content and/or its distribution do not constitute:
- an attack on public order and morality, in particular by incitement to crimes and offences, incitement to racial hatred or suicide, the glorification of crimes against humanity or contains elements of child pornography, that any content of a violent or pornographic nature is not likely to be accessible to minors
- an infringement of the rights of third parties, in particular (a) a violation of the intellectual property rights of third parties, (b) an attack on persons (in particular defamation, insults, insults, etc.) and respect for privacy.
14. CUSTOMER operating systems / software
The Customer may use the services using its own operating systems and/or software. In such a case, the Customer is responsible for obtaining the rights of use relating to said operating systems and/or software and guarantees SYSTEMX against any action that may be brought against it on this basis.
If all or part of the operating systems and/or software provided by the Customer are recognized as constituting an infringement or a violation of intellectual property rights, the latter must compensate SYSTEMX for all costs incurred and damages suffered.
SYSTEMX may freely subcontract all or part of the services, and remains responsible for its obligations carried out by its subcontractors.
In accordance with the law of December 31, 1975 relating to subcontracting, the Customer already approves Xerox/Lexmark as SYSTEMX's subcontractor for the performance of the Maintenance designated in the Order Form under the conditions defined in the Xerox/Lexmark Maintenance Performance Terms and Conditions.
16. Protection of personal data
SYSTEMX attaches great importance to respect for the protection of personal data.
In this context, SYSTEMX undertakes to comply with all the provisions relating to the protection of personal data and in particular the Data Protection Act No. 78-17 of January 6, 1978 as amended, as well as the General Regulations on the Protection of Data No. 2016/679(GDPR) (together the “Legislation”).
• Determination of the quality of the parts
Pursuant to the Legislation, the Buyer is considered as Data Controller as defined by the GDPR, insofar as the Buyer determines the conditions and purposes of the processing of the personal data that he collects. and deals.
In this sense, the Buyer is required to comply with all of the obligations incumbent on him as Data Controller vis-à-vis the persons concerned by the processing of their personal data. Thus, the Buyer must in particular, without this being limiting, inform the persons and implement all the rights of the persons concerned and in particular the right of access, modification, deletion.
SYSTEMX acts only as a subcontractor of the Buyer and this, within the meaning of the RGPD.
Also, in this context, SYSTEMX only acts on the instructions of the Buyer.
• Ownership and protection of personal data
The Purchaser is the sole owner of the personal data files to which SYSTEMX could have access within the framework of the services provided to the Purchaser for the purposes of the execution of these presents.
In any case, SYSTEMX and the Buyer undertake to comply in all circumstances with the Legislation.
The Buyer prohibits SYSTEMX from diverting, marketing or communicating all or part of the data as well as exploiting them for purposes other than those indicated herein.
To the extent that SYSTEMX would go beyond the processing purposes defined herein and would use this data for other purposes that it would have defined itself, it would then be in violation of the Legislation and would be seen as soon as qualified as data controller, thus incurring its own responsibility with regard to the persons concerned and this in this new capacity of data controller.
• Security of processing
Pursuant to Article 32 of the Regulation, the Data Controller and the processor take the necessary measures to guarantee the security of the processing.
• Data processing and access
The execution of the present implying access to personal data under the responsibility of the Buyer (hereinafter referred to as the "Buyer's Data"), the parties agree on the following provisions.
• Field of data / processing
The personal data concerned by the execution of the present are accessible by SYSTEMX within the framework of the remote or on-site maintenance and the installation of the elements sold by SYSTEMX.
The processing of the Buyer's Data that SYSTEMX is responsible for operating under the T&Cs are those necessary for the execution of the T&Cs and the supply of services and products.
The Buyer instructs SYSTEMX, for the duration of the GCS, to proceed exclusively on behalf of the Buyer with the processing as required by the GCS.
The processing does not in any way confer or imply any right for SYSTEMX to use for its own account, for any purpose whatsoever, all or part of the Buyer's Data.
SYSTEMX undertakes to process the Buyer's Data only in accordance with the Buyer's instructions, the provisions of the GCS, the regulations and in particular in compliance with Article 28 of the GDPR.
SYSTEMX guarantees that its technical and organizational measures provide the level of guarantee necessary for the processing to meet the requirements of the GDPR and guarantee the protection of human rights.
SYSTEMX undertakes to take all the measures required by Article 32 of the GDPR in order to guarantee a level of security adapted to the risk, namely, among others:
- the means to guarantee the confidentiality, integrity, constant availability and resilience of the processing systems and services,
- the means to restore the availability of personal data and access to them within the appropriate timeframes in the event of a physical or technical incident,
- a procedure aimed at regularly testing, analyzing and evaluating the effectiveness of the technical and organizational measures to ensure the security of the processing.
SYSTEMX guarantees that its employees have been made aware, trained and organized to present sufficient guarantees of data security and confidentiality.
SYSTEMX undertakes to help the Buyer to:
- fulfill its obligation to follow up on requests submitted by data subjects with a view to exercising their rights under Chapter III of the GDPR;
- in the event of a personal data breach, communicate to the persons concerned in compliance with the provisions of Article 34 of the GDPR,
- carry out the impact analysis as defined in Article 35 of the GDPR,
- carry out a prior consultation of the supervisory authority if necessary following the impact analysis.
In the event of a personal data breach, in particular in the event of accidental or unlawful destruction, accidental loss, alteration, disclosure or unauthorized access, SYSTEMX undertakes to notify, as far as possible, within seventy-two hours ( 72h) to the Buyer the following information:
- a description of the nature of the violation for the data subject,
- the name and contact details of the data protection officer,
- the likely consequences of the breach for the data subject,
- the measures taken to remedy and, if necessary, mitigate the consequences of the violation.
If, during the provision of services and products, SYSTEMX is unable, for any reason whatsoever, to comply with its obligations, it undertakes to inform the Buyer as soon as possible.
• Directors' obligation of confidentiality
All of the technical personnel assigned by SYSTEMX to the administration tasks of the Buyer's systems and infrastructures contributing to the provision of services and products, whether pooled or not, and in particular the persons in charge of the administration of the networks, servers and/or databases, due to the access rights assigned to them to perform their tasks, must sign a personal confidentiality agreement with the legal representative of SYSTEMX which will cover all the contractual obligations regarding.
All SYSTEMX personnel referred to in the preceding clause must in particular respect the Buyer's security instructions and particularly those on the confidentiality of identifiers and administrator passwords for the networks, systems and/or databases they will be brought to know within the framework of their function.
The Buyer will inform SYSTEMX of any security breaches that he has observed and will participate in the preventive actions to be implemented.
17. Use and resale of the material
SYSTEMX or the company that participated in the development is the full owner of the hardware and software marketed.
SYSTEMX grants a non-transferable, non-exclusive right of use valid worldwide.
18. Limitation of liability
The Customer assumes full responsibility for the use of Equipment and their Xerox/Lexmark brand approved consumables in accordance with their destination and the requirements of the user manuals, as well as the connection of Equipment not formally recommended by SYSTEMX, programs or integrated databases or not. Notwithstanding any clause to the contrary in the Purchase Order, SYSTEMX's overall liability vis-à-vis the Customer may in no way exceed a total amount equal to twice the last Price invoiced to the Customer by SYSTEMX.
The interventions of SYSTEMX technicians within the framework of the contract do not entail any particular guarantee for the software covered by the contract. SYSTEMX will not be liable for consequential damages that may be suffered by the Customer.
Under no circumstances can SYSTEMX be held responsible for the costs, damages and inconveniences that may result from the use of the software.
Any modification or repair carried out without the authorization of SYSTEMX and the control of its technicians or area managers, automatically cancels the obligations incumbent on SYSTEMX as a result of this contract.
The Customer is solely responsible for the use he makes of the Services ordered and the direct or indirect consequences of this use. It is up to the Customer to use it in accordance with the regulations in force and the recommendations of the C.N.I.L.
Under no circumstances can SYSTEMX be held responsible for any damage, of any nature whatsoever, resulting from the use of the Service provided.
In case of virtualization of the server, if the VM hosting the installed software is provided by the Customer, the latter will then bear all the responsibilities and consequences related to a defect in the hardware that it has made available to SYSTEMX.
In addition, SYSTEMX cannot be held liable for delay or failure due either to a case of force majeure, or to an event beyond their control, or even due to the Customer.
SYSTEMX can not be held responsible for the non-functioning, impossibility of access or malfunction of the services of the Customers' access provider, to those of the Internet network. It will be the same for all other reasons external to SYSTEMX.
SYSTEMX undertakes to use all its means and skills to ensure the permanence, continuity and quality of the services it offers.
19. Effective date of the contract
Unless otherwise provided, the contract takes effect on the date of installation.
The duration of the license/maintenance which appears in the Order Form is firm and not subject to revision. Unless otherwise stipulated, in the event of the subsequent addition of an accessory, or a software upgrade, to the Equipment benefiting from maintenance under the Contract, the duration of the maintenance relating to this accessory, or this software upgrade, will expire on the same date as that appearing on the Order Form.
20. Benefits not covered
The following benefits and services are excluded from the contract:
- Incidents on the equipment due to the intervention of a third party without this having been authorized by SYSTEMX
- Repair of any damage, malfunction or degradation of performance resulting from misuse, incorrect installation or connection to incompatible equipment, option or software unless it has been carried out by an employee of SYSTEMX or any person it replaces
- Repair of any damage, malfunction or degradation of performance caused by the use of supplies and/or consumables of third party brands not provided under the Agreement or Xerox/Lexmark supplies not recommended for the equipment concerned.
- Repair of any damage, malfunction or degradation of performance resulting from:
o use that does not comply with the instructions in the user manual,
o use of the equipment in an environment that does not meet the specifications of the user manual
o movement of the equipment due to non-compliance with the transport requirements of the user manual
o painting or repairing any material for aesthetic purposes
- Maintenance of equipment beyond its end of life
- Maintenance and cleaning normally the responsibility of the Customer under the terms of the user manual
- Training of users and administrators other than initial training
- Installation services for software updates supporting new functionalities as well as any hardware modifications made necessary to support these updates (CPU, additional memory, additional disks, screens, etc.)
- The connection of modalities not listed in the initial project
- Repair of damage caused by:
o A malfunction caused by third-party hardware or software
o An accident due to an external cause (disaster, lightning, storm, water damage, network, air conditioning, etc.)
o A faulty power supply or network
o A handling error
o An unauthorized change made to SYSTEMX products
SYSTEMX delivers to the Customer a turnkey solution connected to the equipment listed during the initial order and undertakes, within the framework of the guarantee, to ensure its proper functioning throughout the duration of the contract.
If the Customer requests the intervention of SYSTEMX for the connection of new equipment, or for a service not concerning the notion of guarantee, this intervention will be the subject of an estimate and will in fact be billable to the Customer. For any out-of-warranty intervention, we only charge the fixed travel costs of 790 euros excluding tax per day (excluding any material costs).
If for a reason beyond our control, the connection is not possible during the day, the additional days of service will be invoiced at the rate of 790 euros excluding tax per day.
Services not covered by the contract will only be performed at the express request of the Customer and will be invoiced at the rate in effect on the day of the service.
If one of the Customer's suppliers applies fees for the connection to our servers or equipment, none of these will be attributable to SYSTEMX. Our rates are therefore exclusive of additional connection costs.
In the context of a termination or expiry of the contract, the recovery of the equipment(s) is invoiced to the customer. The software licenses, property of SYSTEMX, must be returned with these materials. In the event that the software licenses are not returned at the end of the contract, this will be subject to additional invoicing.
21. Renewal and termination of the contract
At the end of the initial commitment period indicated on the Order Form, the Contract must be terminated by the Customer or by SYSTEMX, by registered letter, and subject to a minimum notice period of ninety (90) days. In the absence of termination within the stipulated time, the contract is renewed by tacit agreement from year to year at the rate in force at the time of expiry.
This renewal also applies in the context of a rental contract via a financial partner or not.
In the event of early termination, the price being calculated according to the duration of the Maintenance, the mobilization of teams of competent technicians and the constitution of sufficient and suitable stocks of supplies, SYSTEMX will require, in addition to the payment of all sums due under the lease, payment of the entire Maintenance package and pages/SMS due until the end of the period initially provided for in the Order Form. The volume of pages/SMS due corresponds to the average volume of pages/SMS carried out during the period of execution of the Maintenance or, in the absence of meter readings, to the estimated volume appearing on the Order Form or provided for by the parties. , if applicable, or the volume commitment appearing on the Purchase Order plus any overruns made during the maintenance execution period both in terms of the volume of pages and the volume of SMS.
In addition, the Customer will be liable to SYSTEMX for a penalty equal to 10% of the monta/SMS due until the end of the period initially provided for in the Order Form.
If the customer does not respect one of his contractual obligations, in particular his payment obligation, SYSTEMX has the right to terminate the contract, at any time and without compensation, 8 (eight) days after the sending of formal notice by registered letter with acknowledgment of receipt, which has had no effect.
At the end of the contract, the Customer has the obligation to return to SYSTEMX the rented equipment in good working order.
In the event of the return of damaged or non-functional equipment, the cost of the repair will be invoiced to the Customer. In the event that the Customer does not return the equipment at the end of the rental period, he will be liable to SYSTEMX for an amount up to the price of the new equipment.
The Customer undertakes to take out a policy guaranteeing on the one hand his civil liability, on the other hand the risks, in particular of breakage of equipment, theft, fire, explosion, water damage, etc. The policies provided for above must be taken out and maintained by the customer, throughout the duration of the contract, with a reputably solvent company. The customer undertakes, in the event of modification, termination, cancellation or non-renewal of the policy, to inform SYSTEMX beforehand, by registered letter with acknowledgment of receipt. SYSTEMX reserves the right to demand at any time the policies and/or any certificates signed by the client's insurers, or their representatives, justifying the subscription of the insurance provided for under this contract and the up-to-date payment of the premiums. assurance.
The Customer is prohibited from any partial or total assignment or transfer to a third party of the rights and obligations arising from the Contract, without the prior written consent of SYSTEMX. The Customer is informed that the Contract may be freely assigned by SYSTEMX to any legal entity of its choice. This transfer will take place upon simple notification to the Client. The Customer accepts this assignment in advance.
24. Retention of title clause
The SYSTEMX company retains ownership of the rented goods, as such, if the Customer is subject to receivership or judicial liquidation, the SYSTEMX company reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
25. Force majeure
The responsibility of the SYSTEMX company cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these General Conditions of Rental & Maintenance results from a case of force majeure. . As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
26. Competent court
Any dispute relating to the interpretation and execution of these General Rental & Maintenance Conditions is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Grenoble Commercial Court.
Article 1. Person responsible for data processing
The collection and processing of personal data made in connection with the use of the Site is carried out in accordance with the rules in force in the European Economic Community, under the responsibility of Mme Myriam RAMBAUD, on behalf of the Publisher, as it is designated in the Legal Notice.
Article 2. Purposes and purposes of the collection
The collection and processing of data made via the Site are made for:
- optimize the management of relations between the Service Provider and the users of the Site, in particular by analyzing and measuring the audience of the Site;
- allow users of the Site to interact with it via social network buttons (comments, reviews, likes, shares, etc.).
- allow users of the Site to contact the Publisher using a contact form, and to ensure the exchanges thereafter;
- allow users of the Site to subscribe to the Publisher's newsletter;
- allow the Publisher to send by email to the users of the Site commercial solicitations, for offers similar to those proposed or illustrated on the Site.
Article 3. Consent of the User
In no case is personal data collected via the Site without the data subjects being able to clearly obtain the necessary information and the actual opportunity to express their consent prior to such collection.
Specifically, an information banner appearing at the entrance to the Site reminds users that their consent to the deposit of cookies and the collection of certain information resulting therefrom, is deemed acquired by the continuation of their use of the Site, whether in drop down the page in question (scroll), by clicking on any link of the Site, or by clicking on the button "ok" (or equivalent) located on this same informative banner.
Consent of users is systematically and explicitly collected by any clear and unambiguous means, in the case of use of the features imposing by nature to use data entered and / or collected (registration, contact, etc.).
Article 4. Content of the collection
Article 4.1. Data collected in case of consultation of the Site
The consultation of the information of the Site generates by default only the collection of the data strictly necessary for the analysis and the measurement of the audience of the Site: data relating to the IP address (identification of the Internet connection and the terminal), the pages consulted, as well as all types of data accessible via a basic Google Analytics, such as the number of pages viewed, the origin of traffic, dates and times, the approximate location of consultation.
Article 4.2. Data collected when using the features of the Site
The content of the data processing performed on the Site varies according to the uses of the latter, and may include among the following information:
Valid email address, first and last name, date of birth, phone; the message subject and a free text field when using the form.
The mandatory or optional nature of an information's information is indicated directly online if applicable.
Users undertake to provide only complete, accurate and valid information, and agree to release the responsibility of the Publisher for any damage (s) resulting from their own failure in the matter.
The information collected will only be used to develop the design and layout of the Site, and more generally to improve its use.
Cookies do not collect personal data to identify you, either on hard disk or online, and the information collected is anonymous or anonymized.
Users admit that they must consult and check directly the privacy settings of their own internet browser, if they refuse the use of these cookies. In this case they can not seek the responsibility of the Publisher because of their own difficulties of navigation, possibly making it difficult or impossible to use the Site as a whole.
The Editor recommends a personal configuration on the part of the users accepting cookies and favoring the consultation and use of the Site.
Article 6. Interactivity with Third Party Sites and Third Party Applications
Users can interact with the Site by clicking on buttons representing third-party sites and applications (including via social network buttons).
Users agree that the use of these buttons has the effect of transferring information to the Publisher, as well as to the third party sites concerned, and that they remain fully responsible for their contractual relations with these sites and networks, which publish their information. own policy of confidentiality and respect of personal data concerning the data transferred, collected and processed on this occasion (profile, parameters, etc.).
In no event shall the Publisher be liable for any damage resulting from the use of this process with regard to users as well as third parties, and responds exclusively and solely to the data processing of which it assumes responsibility.
Article 7. Safe treatment
The Publisher undertakes to take all necessary precautions to preserve the security of the processing and data collected, by respecting the physical and logical security standards that are his responsibility (protection of premises, protection of servers, password policy , regular backups, possible encryption, etc.), and excluding the safeguards and / or security obligations that are placed under the responsibility of the provider in charge of hosting the Site (see Legal Notice).
In particular, the Publisher implements measures that prevent the processed data from being distorted, damaged or that unauthorized third parties have access to it, in particular by controlling access to processing and securing any data communications (security of the site, protocol Https, encryption, etc.).
Any information accessible on the Internet via a link leaving the Site is not under the control of the Publisher, who declines all responsibility for its content and any computer security breaches, as well as the consequences that would result.
Article 8. Confidentiality of treatment
The Publisher does not communicate the personal data collected during the use of the Site, to any third party whatsoever and in any form whatsoever, with the legitimate exception, and in a strictly confidential manner, of the persons mentioned below. below:
The possible salaried staff of the Publisher (trainees included);
The technical service provider (s) responsible for the creation and maintenance of the Site on the one hand, and the hosting of the data on the other hand, when strictly necessary;
The person (s) possibly in charge of the Editor's accounting, including as a possible external provider;
Third parties authorized by law (especially at the express and reasoned request of the judicial authorities, or accountants, etc.).
Article 9. Data retention and deadlines
Article 9.1. Renewal of User Consent
The collected data are validly stored as long as the purpose for which they were legitimately collected initially persists in a legitimate, proportionate and consented manner by the user concerned.
The retention periods for the data collected vary according to the type of data, subject to different legal and regulatory requirements, allowing for longer retention or, on the contrary, requiring their deletion, and in any event correspond to the need to fulfill its obligations. contractual by the Publisher; deadlines are set at:
- fourteen (14) months regarding cookies, connection data and audience measurement;
- no more than three (3) years for other types of data;
The Publisher agrees, at the end of this period, to renew the consent of users to continue to exploit the data concerning him, and in the absence of explicit consent to stop the possible sending of a news letter and any solicitations commercial.
Article 9.2. Data archive
After the above mentioned deadlines and in the absence of formal opposition of the user on the conservation of his personal data, the collected data which have not been validly suppressed, can be archived on a computer support for the purposes of proof and in strictly limited access. In these cases, the retention periods for these data as part of their legal archiving are defined by the following repository, and depending on the type of data concerned: https://www.cnil.fr/sites/default/files /typo/document/20120719-REF-DUREE_CONSERVATION-VD.pdf
Article 10. Right of persons over their collected data
Users have a right of access, rectification, opposition, and / or deletion of data concerning them, which they can exercise at any time by writing an email to the following address: firstname.lastname@example.org, or by mail (contact via the Legal Notice).
The Publisher undertakes to make any justified request for such data effective by responding to these requests within thirty (30) calendar days of receipt of the request. These requests are made by email to email@example.com, and are formalized by an email notifying the receipt and execution of the request.
Users agree that in the event of a reasoned deletion of their personal data, the latter may be purged without the possibility of recovery and that such deletion could in certain cases prevent the continuation of their contractual relations.
Article 11. Claims, Disagreements and Disputes
- where no specific mandatory provision is applicable, to the jurisdiction of the courts of the place of the registered office of the Publisher, and in all other cases, to the jurisdiction of the court determined by the applicable mandatory provisions and as the case may be 'species.