FOREWORD
Telescop publishes solutions for professionals and contracts only with legal entities rigorously identified by their legal representatives. For analysis, statistical and evaluation purposes, data may exceptionally be used, but in compliance with the recommendations of the national ‘Informatiques et Liberté’ authorities.
DEFINITION
These General Terms and Conditions of Service (hereinafter referred to as ‘GTCS’) define the conditions under which Telescop, RCS PARIS 814 597 308, provides the Customer with location-based information analysis services. The present General Terms and Conditions will be completed by Special Terms and Conditions materialized by the Purchase Order and which describe for each type of contract the details of the services provided to the Customer.
The Special Conditions set forth in the Purchase Order governing the various service contracts shall always prevail over these General Conditions. In the event that any clause of the General Terms and Conditions or the Special Terms and Conditions becomes invalid, the remaining provisions of the General Terms and Conditions and the Special Terms and Conditions shall continue to apply.
CONTRACT
These Terms and Conditions shall become effective upon acceptance by the Customer. Acceptance materialized by the signature of the Purchase Order. They may be supplemented by Special Conditions for certain services. The Customer’s acceptance by signing the Special Terms and Conditions and/or the Order Form, together with the General Terms and Conditions, forms the contract (hereinafter referred to as the ‘Contract’) and entails the application of all the provisions of the Contract to the performance of Telescop’s services for the Customer.
These General Terms and Conditions shall prevail over any other document, in particular the Customer’s purchase conditions. Any order for Services duly accepted by Telescop will be payable in full by the Customer.
DURATION OF THE CONTRAT
The duration of the contract is 1 year, automatically renewable by tacit agreement unless terminated by either party within 30 days prior to the contract anniversary date.
TERMS OF SERVICES
The Services requested by the Customer will be provided from the effective date of the Contract as set out in the Special Conditions and/or on the Service Order Form, subject to payment of the price of the said Services, in compliance with the conditions defined in these General Conditions. The information provided by Telescop is based on the use and analysis of objective economic and financial criteria.
Telescop is the sole judge of the means to be used and the sources to be consulted in order to provide the information and data solutions services. The information is provided without any guarantee from Telescop or recourse against it. The information is provided to the Customer according to the data available in the Telescop database at the time of extraction or consultation. The content and presentation of the Information may be modified, deleted or added to in accordance with the development of the Services and the regulations in force.
The Customer is reminded that legislation prohibits the canvassing of any natural person by fax, automatic calling machine or electronic mail, except with the express and prior consent of the person concerned. It is the Customer’s responsibility to use the data provided under his responsibility in compliance with the legal and regulatory provisions in force. In this context and in particular for these commercial operations by e-mailing, the Customer guarantees Telescop against any recourse or claim from third parties relating to the use of files containing nominative e-mails.
TECHNICAL ASSISTANCE
The Customer can receive technical assistance by contacting Telescop’s Customer Relations Department either by telephone or by e-mail.
RESPECT FOR PRIVACY RIGHTS
Telescop absolutely respects the privacy rights of individuals. Therefore, our policy is designed to explain how we collect, use and protect personal data and the choices individuals can make about how their personal data is collected and used. Telescop provides data-enabled products and services, which contain personal information, to its customers.
In doing so, we are committed to following the practices set forth in this Privacy Policy with respect to personal data. For the purposes of this policy, “Telescop” means “personal data” that identifies an individual, “prospect” means a business contact with whom we do not have an established business relationship (or a company representative) and “customer” means a business with whom Telescop has an established business relationship (or a company representative).
RATES
Telescop reserves the right to change its pricing conditions during the course of the contract. Changes will only affect orders placed after the date of the tariff change. Telescop undertakes to inform the Customer of any tariff change at least one (1) month before the change is applied, by any means (e-mail, information message on the site, on consumption statements, on invoices, etc.). If the Customer does not accept the new tariff conditions, Telescop reserves the right to terminate the contract by right. A minimum billing amount may be applied, as indicated on the order form and/or the quotation and/or the special conditions. For commercial questions / complaints & invoicing, you can write to billing@telescop.com.
TERMS OF PAYMENT
Invoices issued by Telescop are payable within thirty (30) days of the invoice date. In case of deterioration of the Customer’s financial situation, Telescop reserves the right to request payment on receipt of invoice by informing the Customer at least one (1) month in advance, by any means (e-mail, information message on the Site, on consumption statements, on invoices, etc.). In the event of late payment, in addition to the legal fixed compensation of forty (40) euros provided for in Article L. 441-6 of the Commercial Code and set by Decree, late payment penalties equal to three (3) times the legal interest rate in force shall be payable on the day following the settlement date shown on the invoice.
In case of modification of the amount of this fixed compensation, the new amount will be, by right, substituted to the one appearing in the present GCS or conditions of payment. The late payment penalties and the fixed compensation are payable by operation of law and do not prevent the application of an additional increase of the debt up to the amount of all the sums that have been incurred, whatever their nature, for the recovery of the debt. In addition, all amounts due to Telescop will become immediately payable.
LIABILITIES AND GUARANTEES
The obligations undertaken by Telescop under the Contracts are obligations of means. In the event that Telescop’s liability is recognised for direct damage suffered by the Customer and exclusively attributable to Telescop, it may not exceed, for all the breaches committed in the course of a single year, an annual amount of one thousand Euros (1,000) €. The Customer declares that he/she is fully aware of the characteristics and constraints of the Internet and in particular the fact that the transmission of information and data on the Internet is only relatively reliable, despite the security measures that may be taken. It is the Customer’s responsibility to take all necessary measures to ensure that his or her computer configuration allows him or her to access the services and to consult information from Telescop and to ensure protection against any intrusion or contamination.
The Customer therefore acknowledges that Telescop will not be liable in the event of unavailability or disruption of access to the Services or in the event of alteration of data due to an act of God, a strike, an act of piracy, fraudulent intrusion, any event beyond its control (telephone breakdown, computer network breakdown, power cut, etc.), or a malfunction generated by defective computer or telematics equipment belonging to the Customer or made available to the Customer and belonging to a third party. In the event of malfunction, unavailability or receipt of a non-readable message, the Customer must contact Telescop services directly. Connection and transfer operations are carried out under the Customer’s responsibility.
Telescop undertakes to implement all necessary means to ensure continuity of operation and security of the service, in accordance with professional practice and good practice. Telescop guarantees the conformity of the Services to the specifications described in the commercial and technical documentation. The Customer acknowledges having received from Telescop the advice and information necessary for the proper operation of the Services.
Telescop cannot be held responsible for any indirect damage of any kind, in particular operating loss, loss of data or any other financial loss resulting from the use of the services provided by Telescop. Similarly, Telescop cannot be held responsible for any damage caused by use of the Services by the Customer that does not conform to normal use.
INFORMATION AND ANALYSIS SERVICES FOR THIRD PARTIES
In providing information to its Customers, Telescop is bound by an obligation of means. The information provided to the Customer is only a complement to the information available to the Customer and is intended to help him/her in his/her decision making. The Customer therefore remains the master of his choices by appreciating the risks he incurs and assumes sole responsibility for the decisions he makes and the consequences he draws from the information provided by Telescop.