General terms and conditions of sales
Preamble.
The service provider, holder of intellectual property rights, offers for rental software in the FAH format (Hosted Application Provider).
This software, called AGIFAS, aims to provide « computerized management assistance for the training of sports apprentices ». This software is an original product specially developed for sports training centers.
It consists of 7 modules :
- Administrative
- Sporty
- Recruitment
- School
- Medical
- Budget
- Life in the center
The customer is free to choose the number of modules that suit him, knowing that the administrative module is mandatory and does not count in the paid modules.
This software hosted by the service provider which the customer accesses via a remote connection is accessible by annual subscription with a fee and the payment of an entry ticket.
This software is accessible at the address https://www.agifas.fr/clubs.
Article 1 – Duration.
The subscription takes effect upon payment of the annual fee (and the entry ticket for the first year) for a period of 12 months.
Article 2 – Obligations of the service provider.
The service provider undertakes to provide the customer, upon subscription, with a user name and password to enable them to access the software as soon as possible.
The service provider undertakes to make any product updates available to the subscriber.
The service provider assumes no responsibility whatsoever for the information that is disseminated through its software, exercising no a priori control over this information.
Article 3 – Customer obligations.
The customer agrees to use the product mentioned only for his own needs.
The customer agrees not to develop or market the software subject to this subscription without the formal agreement of the service provider.
The customer acknowledges having read the specific features of the software and its use.
Article 4 – Choice of hardware and software.
It is the customer's responsibility to ensure that the equipment at their disposal, in particular their query software (browsers) or their connection methods, are capable of using the software with all the required efficiency.
Article 5 – Software access procedure.
The software is accessible via a remote connection using a username and password.
When subscribing, a username and password are provided to the customer.
For security and confidentiality reasons, only the combination of these two codes allows the customer to access the software.
The access codes provided identify the user known as the "Site Administrator".
The site administrator can designate as many users as he wishes. He provides, under his sole responsibility, a username and password to the users he has designated.
The username and password constitute proof of the user's identity and bind him to any use made through them. They will have the value of an electronic signature within the meaning of Article 1316-4 of the French Civil Code.
The user is fully and exclusively responsible for his username and password. He will bear alone the consequences that could result from use by third parties who have become aware of them.
In case of loss of password, the site administrator can request a new one. The service provider cannot find the old password in any way.
For users designated by the client, the request for a new password must be made to the site administrator.
Article 6 – Assistance.
Assistance will be provided online via email or the exchange system set up on the software itself. The user may make a request for assistance at the following email address: . The service provider will respond by email or via the exchange system as soon as possible.
Telephone assistance is also possible at the number indicated on the home page of the site.
Article 7 – Price.
The provision of the service is subject to the payment of a one-time entry fee, unless otherwise agreed in writing between the two parties, when opening the account.
The subscription price does not include telecommunications and Internet access costs enabling the use of the software, which remain the responsibility of the customer.
Article 8 – Indexation of the price of the annual subscription.
In the event of renewal of the subscription, the price may be revised.
The annual increase may not exceed twice the French INSEE index of harmonized consumer prices (HICP index). However, if the evolution of the software and the services offered justifies it, it may be increased up to four times the HICP index.
Article 9 – Payment.
Payments may be made by check, bank transfer or any means approved by both parties.
Article 10– Delay or failure to pay.
In the event of non-payment, access to the service is suspended for a maximum period of 90 days. Beyond this period, the account is permanently closed without recourse or compensation of any kind.
Article 11 – Property.
The subscription does not grant the customer any intellectual property rights over the software and its accessories, which remain the full and exclusive property of the service provider. The customer undertakes to respect these rights.
11-1 : Reproduction - adaptation
Unless formally agreed by the service provider, the customer is strictly prohibited from reproducing the software permanently or temporarily in whole or in part, by any means and in any form, including when loading, displaying, executing or storing the software.
Unless formally agreed by the service provider, the customer is prohibited from translating, adapting, arranging or modifying the software, exporting it, merging it with other computer applications.
11-2: Error corrections
The service provider expressly reserves the exclusive right to intervene on the software to enable it to be used in accordance with its intended purpose and in particular to correct errors. Unless formally agreed by the service provider, the customer is therefore strictly prohibited from intervening or having a third party intervene on the software.
The provision of the software cannot be considered as a transfer within the meaning of the Intellectual Property Code of any intellectual property right for the benefit of the customer.
Article 12 – Specific developments.
If during the subscription, the customer expresses needs specifically dedicated to his use, additional invoicing is required. From then on, a quote will be offered to him
Article 13 – Liability.
The service provider is subject to an obligation of means, to the exclusion of all others. It guarantees the conformity of the software to the specifications.
The customer assumes all responsibilities other than that of conformity of the software to the specifications and in particular those which concern:
- the suitability of the software to its needs;
- software operation;
- the qualification and competence of its staff.
The customer expressly acknowledges having received from the service provider all the necessary information allowing him to assess the suitability of the software package to his needs and to take all useful precautions for its implementation and operation.
The service provider will not be required under any circumstances to repair any direct or indirect damage.
The service provider cannot be held responsible for the quality of the customer's Internet connection.
The customer will be solely responsible for the use of the software package.
The service provider cannot be held responsible for damage resulting from any fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behavior of a third party.
Article 14 – Data ownership and data backup.
The customer remains the sole and exclusive owner of the data transmitted to the software.
The service provider will file a copy of the customer's data on digital media once a month with Maître Courrieult, bailiff in Caen, 39 Rue de la Pigacière.
In the event of failure of the service provider, the customer may obtain this copy upon written request to the ministerial officer. In the event of non-renewal of the subscription or upon simple request, a copy of the customer's raw data may be obtained from the service provider.
Article 15 – Confidentiality.
Throughout the duration of the subscription and even after its termination for any reason whatsoever, the service provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the customer or to any person linked in any way to the customer, to which it may have had access.
The service provider undertakes to implement the necessary means to guarantee the confidentiality of the information.
Article 16 – Counterfeits.
The service provider guarantees that it holds the intellectual property rights and that the software is not likely to infringe the rights of third parties. It also guarantees that the software is entirely original and does not constitute in whole or in part either counterfeiting or unfair competition.
The customerundertakes to immediately notify the service provider of any counterfeiting of the software of which it becomes aware, the service provider then being free to take the measures it deems appropriate.
Article 17 – Termination.
In the event of a breach by one of the parties of any of its obligations as stipulated above, these terms and conditions may be terminated by the other party 15 (fifteen) days after receipt of a registered letter with acknowledgement of receipt. This letter will be justified and will indicate the failure(s) noted and remaining without effect after this period.
Article 18 – Non-solicitation of personnel.
The customer undertakes not to hire a person assigned by the service provider to the creation of the software, during the duration of the subscription and within 2 years following its termination. Breach of this commitment would result in the payment by the customer to the service provider of compensation equal to two years of the gross remuneration of the person hired.
Article 19 – Applicable law and competent court.
Any dispute relating to the interpretation, execution or validity of this subscription will be subject to the exclusive jurisdiction of the Commercial Court of Caen.
Preamble.
The service provider, holder of intellectual property rights, offers for rental software in the FAH format (Hosted Application Provider).This software, called AGIFAS, aims to provide « computerized management assistance for the training of sports apprentices ». This software is an original product specially developed for sports training centers.
It consists of 7 modules :
- Administrative
- Sporty
- Recruitment
- School
- Medical
- Budget
- Life in the center
This software hosted by the service provider which the customer accesses via a remote connection is accessible by annual subscription with a fee and the payment of an entry ticket.
This software is accessible at the address https://www.agifas.fr/clubs.
Article 1 – Duration.
The subscription takes effect upon payment of the annual fee (and the entry ticket for the first year) for a period of 12 months.Article 2 – Obligations of the service provider.
The service provider undertakes to provide the customer, upon subscription, with a user name and password to enable them to access the software as soon as possible.The service provider undertakes to make any product updates available to the subscriber.
The service provider assumes no responsibility whatsoever for the information that is disseminated through its software, exercising no a priori control over this information.
Article 3 – Customer obligations.
The customer agrees to use the product mentioned only for his own needs.The customer agrees not to develop or market the software subject to this subscription without the formal agreement of the service provider.
The customer acknowledges having read the specific features of the software and its use.
Article 4 – Choice of hardware and software.
It is the customer's responsibility to ensure that the equipment at their disposal, in particular their query software (browsers) or their connection methods, are capable of using the software with all the required efficiency.Article 5 – Software access procedure.
The software is accessible via a remote connection using a username and password.When subscribing, a username and password are provided to the customer.
For security and confidentiality reasons, only the combination of these two codes allows the customer to access the software. The access codes provided identify the user known as the "Site Administrator".
The site administrator can designate as many users as he wishes. He provides, under his sole responsibility, a username and password to the users he has designated.
The username and password constitute proof of the user's identity and bind him to any use made through them. They will have the value of an electronic signature within the meaning of Article 1316-4 of the French Civil Code.
The user is fully and exclusively responsible for his username and password. He will bear alone the consequences that could result from use by third parties who have become aware of them.
In case of loss of password, the site administrator can request a new one. The service provider cannot find the old password in any way.
For users designated by the client, the request for a new password must be made to the site administrator.
Article 6 – Assistance.
Assistance will be provided online via email or the exchange system set up on the software itself. The user may make a request for assistance at the following email address: . The service provider will respond by email or via the exchange system as soon as possible.Telephone assistance is also possible at the number indicated on the home page of the site.
Article 7 – Price.
The provision of the service is subject to the payment of a one-time entry fee, unless otherwise agreed in writing between the two parties, when opening the account.The subscription price does not include telecommunications and Internet access costs enabling the use of the software, which remain the responsibility of the customer.
Article 8 – Indexation of the price of the annual subscription.
In the event of renewal of the subscription, the price may be revised.The annual increase may not exceed twice the French INSEE index of harmonized consumer prices (HICP index). However, if the evolution of the software and the services offered justifies it, it may be increased up to four times the HICP index.
Article 9 – Payment.
Payments may be made by check, bank transfer or any means approved by both parties.Article 10– Delay or failure to pay.
In the event of non-payment, access to the service is suspended for a maximum period of 90 days. Beyond this period, the account is permanently closed without recourse or compensation of any kind.Article 11 – Property.
The subscription does not grant the customer any intellectual property rights over the software and its accessories, which remain the full and exclusive property of the service provider. The customer undertakes to respect these rights.11-1 : Reproduction - adaptation
Unless formally agreed by the service provider, the customer is strictly prohibited from reproducing the software permanently or temporarily in whole or in part, by any means and in any form, including when loading, displaying, executing or storing the software.
Unless formally agreed by the service provider, the customer is prohibited from translating, adapting, arranging or modifying the software, exporting it, merging it with other computer applications.
11-2: Error corrections
The service provider expressly reserves the exclusive right to intervene on the software to enable it to be used in accordance with its intended purpose and in particular to correct errors. Unless formally agreed by the service provider, the customer is therefore strictly prohibited from intervening or having a third party intervene on the software.
The provision of the software cannot be considered as a transfer within the meaning of the Intellectual Property Code of any intellectual property right for the benefit of the customer.
Article 12 – Specific developments.
If during the subscription, the customer expresses needs specifically dedicated to his use, additional invoicing is required. From then on, a quote will be offered to himArticle 13 – Liability.
The service provider is subject to an obligation of means, to the exclusion of all others. It guarantees the conformity of the software to the specifications. The customer assumes all responsibilities other than that of conformity of the software to the specifications and in particular those which concern:- the suitability of the software to its needs;
- software operation;
- the qualification and competence of its staff.
The service provider will not be required under any circumstances to repair any direct or indirect damage.
The service provider cannot be held responsible for the quality of the customer's Internet connection.
The customer will be solely responsible for the use of the software package.
The service provider cannot be held responsible for damage resulting from any fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behavior of a third party.
Article 14 – Data ownership and data backup.
The customer remains the sole and exclusive owner of the data transmitted to the software. The service provider will file a copy of the customer's data on digital media once a month with Maître Courrieult, bailiff in Caen, 39 Rue de la Pigacière. In the event of failure of the service provider, the customer may obtain this copy upon written request to the ministerial officer. In the event of non-renewal of the subscription or upon simple request, a copy of the customer's raw data may be obtained from the service provider.Article 15 – Confidentiality.
Throughout the duration of the subscription and even after its termination for any reason whatsoever, the service provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the customer or to any person linked in any way to the customer, to which it may have had access. The service provider undertakes to implement the necessary means to guarantee the confidentiality of the information.Article 16 – Counterfeits.
The service provider guarantees that it holds the intellectual property rights and that the software is not likely to infringe the rights of third parties. It also guarantees that the software is entirely original and does not constitute in whole or in part either counterfeiting or unfair competition.The customerundertakes to immediately notify the service provider of any counterfeiting of the software of which it becomes aware, the service provider then being free to take the measures it deems appropriate.
Article 17 – Termination.
In the event of a breach by one of the parties of any of its obligations as stipulated above, these terms and conditions may be terminated by the other party 15 (fifteen) days after receipt of a registered letter with acknowledgement of receipt. This letter will be justified and will indicate the failure(s) noted and remaining without effect after this period.Article 18 – Non-solicitation of personnel.
The customer undertakes not to hire a person assigned by the service provider to the creation of the software, during the duration of the subscription and within 2 years following its termination. Breach of this commitment would result in the payment by the customer to the service provider of compensation equal to two years of the gross remuneration of the person hired.Article 19 – Applicable law and competent court.
Any dispute relating to the interpretation, execution or validity of this subscription will be subject to the exclusive jurisdiction of the Commercial Court of Caen.