1. The present contract is based on the contractual terms and conditions as accepted by the parties : the accepted offer, the present order form and contract both duly signed and dated.
The object of the present contract is the hosting, by SUPRALOGIC.COM, on its internet server, of the web content management application “SUPRAMANAGER”, associated to a domain name chosen by the company.
The contractual document is the present contract relating to the SUPRAMANAGER annual hosting system.
2. The hosting service provided by the SUPRAMANAGER data processing application includes :
- Hosting by the SUPRALOGIC.COM server centre on a LINUX type server.
- Reservation and installation of storage capacity limited to 500 MO of data.
- Ability to view the company’s web site live on global internet connections.
- Surveillance of this infrastructure to ensure smooth operation.
- Ensuring the availability of the site in order to allow all users access to the company’s web site, 24 hours a day, 7 days a week.
- SUPRALOGIC.COM handles the maintenance of its internet servers and occasional interruptions for maintenance purposes are thus possible.
3. The present contract is valid for an initial period of one year and comes into effect from the date upon which SUPRALOGIC.COM’s services begin. It is renewable by tacit agreement, for the same duration, except in the event of cancellation which is notified by registered letter with acknowledgement of receipt, giving two months notice of the decision to cancel.
4. The signature of the company issuing the order form in respect of access to the on-line SUPRAMANAGER content management system associated with the company’s domain name, or in respect of any other internet-related service, certifies the accuracy of the facts contained therein and acknowledges that the work entrusted to SUPRALOGIC.COM has been carried out satisfactorily.
5. SUPRALOGIC.COM cannot be held responsible for any lead times which are not met as a result of lock outs, strikes, paid holiday closures, problems connected with non-delivery of documents or materials required in the creation of templates for the internet site and registration of the domain name, or any other case of force majeure
(fire, flood, etc).
6. If, during the life of the present contract, the supplier were to accept responsibility for something for whatever reason, the company will only be able to claim damages and interest up to the value of the services due from the supplier during any one month. In the event of a delay in the commencement of service on the server which is the fault of SUPRALOGIC.COM, SUPRALOGIC.COM will be liable to pay to the company, by way of full and final compensation for its loss, a fixed penalty corresponding to the daily hosting charge levied in respect of the SUPRAMANAGER application and this for each day of delay suffered.
7. Invoicing : the provision of service covering all aspects of the SUPRAMANAGER system being made available to the company and the hosting service are provided by SUPRALOGIC.COM and will give rise to an annual invoice in respect of the formal and contractual obligations of both parties:
- Selection of an existing or non-existent domain name by the company and its transfer or purchase by SUPRALOGIC.COM .
- Provision of “turnkey” access to the SUPRAMANAGER system via the domain name chosen by the company within one week of payment having been received by SUPRALOGIC.COM .
- Any intervention or modification falling outside the “initial start-up agreement” once full access has been granted will be subject to an additional charge which will be invoiced at Euros 60, exclusive of tax.
- Any other specific action which gives rise to a formal process will be invoiced at a rate subject to mutual agreement.
- It is understood that all amounts to be invoiced are exclusive of tax.
- The annual invoice is payable in advance and the present contract is renewable by tacit agreement.
- The present contract may be cancelled by giving two months notice of such intention to cancel by a letter sent by registered post with acknowledgement of receipt.
8. Payment terms :
Subscriptions relating to the use of the SUPRAMANAGER system and its hosting services are payable annually in advance and are renewable by tacit agreement.
The relevant invoice is issued following receipt of a cheque or bank payment by SUPRALOGIC.COM when a subscription is taken out and when access to the application has been granted to a customer by post. From the second year onwards, the invoice is issued one month prior to expiry of the contract and falls due for payment on the anniversary of the subscription, except where the contract has been cancelled in writing by registered post with acknowledgement of receipt (article 3).
From the second year onwards, in the event of an unjustified delay in paying the invoice, interest will be added to the bill at a rate of 2% per month or part thereof.
This rate is linked to the Bank of France rate and is therefore subject to revision without the necessity for prior notification. SUPRALOGIC.COM reserves the right to withdraw the company’s access to its web site if the company fails to settle an invoice one month after the invoice has fallen due for payment. SUPRALOGIC.COM undertakes to restore service within 48 hours of the invoice being settled.
9. In the event of litigation in respect of the validity, interpretation or execution of the present contract, legal competence is expressly attributed to the Commercial Court of Paris, France. |
