Business & System Architects Consulting ® Fitnet Manager
TERMS AND CONDITIONS OF THE FITNETMANAGER SERVICE
IMPORTANT – PLEASE READ THIS DOCUMENT CAREFULLY BEFORE JOINING FITNET ™ MANAGER. BY USING THIS SERVICE, YOU ACCEPT THESE TERMS AND CONDITIONS.
PLEASE ALSO NOTE THAT THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING THE PROTECTION OF PERSONAL DATA. FOR FURTHER INFORMATION ON THIS POINT, PLEASE REFER TO THE PROVISIONS OF ARTICLE 10 AND IN PARTICULAR ARTICLE 10.3.
The Fitnet ™ Manager service is a service delivered by Business & System Architects Conseil ® in a particular framework defined by this agreement.
The terms and Conditions of the Fitnet ™ Manager Service are applied between business & System architects Conseil ®, a company incorporated under French law registered in Paris RCS 480 446 368 (collectively, “Business & System Architects Conseil”), and “You” ( Collectively, the “Parties”).
THIS CONTRACT IS BINDING ON YOU AND ANY LEGAL ENTITY IN WHOSE NAME THE SERVICE IS USED, INCLUDING YOUR EMPLOYER.
You can subscribe directly to Business & System Architects Conseil ® Another written agreement that completes or supersedes all or part of this agreement.
“Contract” means these terms and conditions, including the scope of the rights of use and the Personal data processing charter by Business & System Architects Conseil, which may be consulted on https://fitnetmanager.com, or any website that will succeed.
“Application” means a private space within a shared instance of the FitNet ™ Manager application, and made available to you by Business & System Architects Conseil in connection with the use of the FitNet ™ Manager Service. The scope of this private space within the shared application is defined by your needs and your subscription so that you can use the features provided by the Service.
“Service” means the Fitnet ™ Manager service including access to the Application issued by Business & System Architects Conseil.
“Content” means any documents, images, logos, data or configuration items provided by you or for your account in connection with the use of the Service.
“Information” means information enabling the identification of persons with or without access to the Service.
“Participant” means any user of the service or of the application or any collaborator of the company – user or not – having information recorded in the application or service.
“Extension of service” means the terms and conditions determined in a separate written document (such as a quotation or written contract between you and Business & System Architects) describing the specific extension of your right of access to the service.
“Personal data processing Charter” shall have the meaning given to it in article 9.1 (Terms of Respect for privacy).
“Service term” means the time period for which you have chosen to pay and/or use the service.
2 Summary description of the functions available
2.1 Activities of Employees
The application allows you to manage employee timesheets, leave and training requests, and expense notes.
It is expressly stated that the Application provided as part of the Basic subscription does not allow multi-company management.
2.2 Real-time project and contract management
The management of the missions is manageable on 4 levels: The Client, the contract, the project, the legal agreement.
The projects and the contracts can be carried out in the form of a Flat-rate price contract, a Daily price contract, a Capped daily price contract, a Subscription or a Sale.
The Application allows to manage a billing schedule both at the project level and at the level of the contract.
An accounting balance is available at the mission level and allows to compare the initial, the forecated and the completed plannings.
2.3 Billing of missions
The Application identifies and offers the invoices to be issued each month based on the due dates of the contracts or deadlines.
A follow-up of the issued invoices allows to send reminders to customers.
The application allows the mass recording in a single PDF file for printing at once of all the bills of the month. The application also allows the sending by email of PDF invoices as an attachment.
2.4 Purchasing Management
The Purchases Module provides a simplified solution for entering recurring purchases and punctual purchases. These purchases are included in the expense reports for the company’s annual income statement.
2.5 Performance Analysis
Reporting provides advanced performance analysis functions for employees, missions and society.
3 Using the Service
3.1 Authorization to use the Service
You warrant that you hold all the rights, powers and authority required for the performance of this contract and perform the acts expected of you, and that you have the rights to the content and information related to the Service. Otherwise, you are not allowed to submit this content or information to Business & System Architects Consulting or to use the Application.
3.2 Access to Service
You acknowledge that your right to access the Service may require payment of fees to third parties – such as telephone calls, Internet connection charges, or network usage charges – and that you are responsible for the payment of these expenses.
3.3 Login Information
To access and use the Service, you must have permission to create a login ID and password (“Login information”). You are responsible for all activities done with your login information and you must keep your connection information confidential and not share your connection with a third party.
Business & System Architects Council has no obligation or liability for the manner in which you use, distribute, disclose or manage your login information. In spite of the above, Business & System Architects Council will require you to change your login information if this connection information is incompatible with the terms of this agreement.
You may designate persons in your company or other third parties (hereafter referred to as “designated persons”) to administer various functions of the Service (“Designated Persons”), if applicable. In spite of all the contrary stipulations contained in article 3.3 (Login Information) of the contract, you will, if necessary, provide the Designated Persons with specific Login Information for the sole purpose of allowing them to exercise the various Functions of the Service in accordance with the terms of this agreement. You are solely responsible for all acts or omissions committed by the Designated Persons in connection with the Service.
Without limiting the foregoing, the Service is not designed or permitted to be used in a production environment that requires security controls, including, without limitation, data backup and recovery. Without limiting the generality of the foregoing, Business & System Architects disclaims any express or implied warranties of fitness for these purposes.
3.6 Hardware, Network and Internet
The Service is designed exclusively for use in Internet-connected mode, secure connection via SSL/HTTPS protocol.
It is recalled that the Internet is an open and informal network interconnection of computer networks and consists of independent portions under private or public management for which Business & System Architects Conseil cannot be held responsible.
For its part, Business & System Architects Conseil guarantees on its local network (LAN) a network service of 99.99% and a minimum bandwidth of 150 Mbps.
To ensure the correct behavior of the application, Business & System Architects recommends the use of a recent Internet browser, on the understanding that to date the application is not maintained for the MicroSoft Internet Explorer Browser In a version less than 8. x, neither for the Netscape browser nor for the Firefox browser for a version less than 5. x.
In addition to using a recent Internet browser, Business & System Architects Conseil can only guarantee the proper operation of its application on a recent terminal, equipped with at least a dual core processor and 2GB of RAM.
4.1 The Service
Subject to your compliance with the terms and conditions of this agreement, the Business & System Architects Conseil grants you a non-exclusive, non-transferable and non-revocable right to access and use the Application in accordance with the terms and conditions of this Agreement and the Extent of the Service.
Business & System Architects Conseil will carry out a constant automatic control of the use made of your test environment.
5 Property of Service and Brands
You acknowledge that Business & System Architects owns all rights, titles and interests on:
(a) The Fitnet ™ Manager Service;
(b) The Application provided in connection with the Service;
(c) All graphics, logos, service marks and trade names, including third party names, product names and registered trademarks used by Business & System Architects Conseil in association with theService or “Brands”.
Without prejudice to the foregoing, you warrant that you have any right, title and interest in any graphic design, service mark and trade name used by you in connection with the service. You are welcome to send any suggestions to improve the Service, but in this way you accept and agree that these suggestions become the property of Business & System Architects Conseil, and Business & System Architects Conseil has no obligation to compensate you for these suggestions.
6.1 Your Content
You can download content to the Application in connection with your use of the Service. Business & System Architects Conseil does not verify, endorse or claim any ownership of any Content whatsoever, and you retain all right, title and interest in the Content. Your Content and Content of all the Participants linked to you can be saved on the servers of Business & System Architects Conseil as part of our service commitment and in accordance with the policies of backup of Business & System Architects Conseil in force. You are solely responsible for the Content. Business & System Architects will implement any means deemed reasonable to block Content download that would contain viruses detected using industry standard virus detection software. The management of permissions and authorizations allows you to specify the level at which the Service restricts access to your Content. You are solely responsible for applying the appropriate level of access to your Content.
6.2 Your Content Declarations and Warranties
You affirm and warrant that:
(a) You are the owner, licensor, or authorized Participant of all Content;
(b) You waive the downloading, recording, posting, posting, linking, or transmitting or distributing in any way any Content that:
(i) Advocates, promotes, incites, recommends, contributes or encourages in any way any illegal activities;
(ii) violates or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of a third party or Business & System Architects Conseil, or any rights to the image or to respect the privacy of any party;
(iii) attempts to mislead other persons about your identity or the origin of a message or other communication, or disguises or makes any misrepresentation of your relationship with any other person or entity, or is of any materially false, misleading or inaccurate manner;
(iv) promotes, solicits or contains displaced, harassing, abusive, blasphemous, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic, objectionable, or illicit content or activity;
(v) is detrimental to minors;
(vi) contains any virus, Trojan horse, worm, time bomb, or any other software, data, or similar programs that may damage, interfere in a prejudicial manner, surreptitiously intercept, or expropriate any system, data, Information or property of others; or
(vii) Violates any law, legislative act, ordinance, or regulation (including without the laws and regulations concerning export control, unfair competition, anti-discrimination, or false advertising).
6.3 Access from Business & System Architects Conseil to your Content
You acknowledge that the Service is automated and that the Business & System Architects Consulting staff will not access any content, except to the extent necessary to provide the services, including, without limitation, in the following cases:
(a) Responding to requests for assistance;
(b) Detect, prevent, or deal with fraud, security or technical problems;
(c) To the extent of what is deemed necessary or recommended by Business & System Architects Conseil, in good faith, to meet the legal requirements or be in compliance with any legal proceeding; or
(d) Apply this contract to verify that you have not sought to transgress the terms.
7 Usage Restrictions
In connection with your access or use of the Service, you agree not to do the following:
(a) Introduce a virus, worm, Trojan Horse or other harmful software code or similar file that could damage the operation of a computer, property or information belonging to a third party;
(b) Use the Service in any manner that may damage, disable, overload or impair any business & System Architects Consulting Server, or any (all) network (s) connected to any Business & System Architects Conseil Server, or interfere with the use and enjoyment of the Service by any other party;
(c) Attempt to obtain unauthorized access to the service, hardware, other accounts, computer systems or networks, connected to any Business & System Architects Consulting Server or Services, through computer hacking, word Search (“Password mining”), or by any other means;
(d) Obtain or attempt to obtain any documents or information by any means that have not been made available intentionally through the Service;
(e) Transfer to a third party including without limitation, on a timeshare basis or an office service on the basis of a subscription or otherwise (sale, leasing,…) the Service subject to this contract including any related application to enable it to use the Service or to create, transmit or protect any content.
(f) seek to collect, or collect personal information, and disclose them, including e-mail addresses, or any private information about a third party without the latter’s express consent;
(h) transmit spam (“spam”), surveys, contests, pyramid schemes, chains, or any other unsolicited e-mail or cascading message;
(i) Fraud, defamation, insult, harassment, stalking, threatening or violating the rights of others (such as the right to image or respect for privacy); or
(k) Downloading, or making available to others, files containing images, photos, software or other material protected by intellectual property rights, including, for example, but not limited to, the right Copyright or trademark law (or the right to privacy or image), unless you own or control the rights or have received all the necessary consents for that purpose.
Business & System Architects Conseil does not carry out a general monitoring of the activity of users in connection with the Service. However, if it came to the knowledge of Business & System Architects Conseil a possible violation of your part of Articles 6.2 (Your Declarations and Warranties relating to Content), 7 (Restrictions of Use), or any other clause of this agreement, Business & System Architects Conseil reserves the right to review this violation, and Business & System Architects Conseil, in its sole discretion, will immediately end your Service agreement or change, modify or delete the content, fully or in part, without notice. If, as a result of such an investigation, Business & System Architects Conseil considers that an illegal activity has been exercised, Business & System Architects Conseil reserves the right to transmit the dossier – and to cooperate with – all administrations Authorities responsible for enforcing the law. Business & System Architects Conseil has the right, except to the extent prohibited by applicable law, to disclose any information about you, including information about you that is in the possession of Business & System Architects, in connection with your use of the Service, law enforcement authorities or other national services, if Business & System Architects Conseil, considers, in its sole discretion, that this is necessary or appropriate.
You agree to keep Business & System Architects Conseil unscathed and covered by any liability, cost or expense, including reasonable solicitor’s fees, related to or resulting from your Content, the Content of the Participants, and your use of Service.
9 Respect for Privacy
9.1 Terms of Respect for Privacy
Our Personal data processing charter by Business & System Architects Consulting as detailed on the page https://fitnetmanager.com/en/privacy/, or any successor website governs the collection and use of information made by Business & System Architects Conseil in connection with the Service.
In the event of a conflict between the personal data processing charter and the terms of this Contract, the terms of this Contract will prevail.
All the information you would have gathered about the Participants will be saved on a server of Business & System Architects Conseil, in accordance with the backup policies of Business & System Architects Conseil in force, but this Collection is subject to our own personal data protection policy which was the subject of a declaration to the CNIL under the number of receipt 1385280. Business & System Architects Conseil may occasionally make changes to its personal data processing charter, and it will provide you with these changes in the text of the Personal data processing charter.
9.2 Types of information collected
In addition to the types of information mentioned in the Personal data processing charter, Business & System Architects Conseil will collect certain information as specified in this Article 9.2 (Types of Information Collected).
9.2.1 Information on the Use of the Service
Business & System Architects Conseil may identify certain information regarding your use of the Service, such as the name of the Internet provider and the Internet Protocol address by which you have access to the Internet; the time you access the Service and the Internet address of any website that refers to it, as well as the Internet address of the website from which you entered directly with the website of the Business & System Architects Conseil. Business & System Architects Conseil uses this information to support the Services and, if you are committed to receiving communications from Business & System Architects Conseil, to send you communications on Business & System Architects Conseil, its products and services.
9.2.2 Collaborative Content Management with FitNet ™ Manager
At your request or at the request of a Designated Person(s), the application collects certain information, including without limitation: (a) requests for leave from any user employee; (b) The time sheets and expense notes charged; (c) The annual income of any Participant as well as the monthly payroll information balance; and (d) any other information that you or your users are required to fill in the Application, whether on your own volition or on the request of one or more Designated Persons, such as your name, address, telephone number, address of email, or any other information that allows your identification. The Service will record this information. You and the Designated Person(s) can view this information, and some information may be shared and saved by other users of the Service at your request or that of a Designated Person(s) or as a function of the Service in accordance with the principle of collaborative content management. Apart from the cases mentioned in article 8 (Investigations), Business & System Architects Conseil will not share your information with third parties.
9.3 Notification relating to Registration and Respect for privacy
THE SERVICE MAY ALLOW YOU OR A DESIGNATED PERSON(S) TO COLLECT AND USE THE CREDENTIALS CONCERNING YOU AND THE PARTICIPANTS IN THE SERVICE, SUCH AS YOUR NAME, ADDRESS, TELEPHONE NUMBER.
Business & System Architects Conseil has declared the collection of personal data from the CNIL (Declaration receipt No. 1385280). You have the responsibility to guarantee the collection of the consents and the observance of the restrictions imposed by the CNIL, and you must therefore notify Business & System Architects advice against any claim or lawsuit related to the recordings made by You or the Person(s) Designated by the communications or the appearance of the Participants in the Service.
9.4 Safeguarding and Using Information
Business & System Architects Conseil saves your information and Participant information in accordance with the backup policies in force at Business & System Architects Conseil, and as requested by you or the Person(s) that you have designated.
Business & System Architects Conseil has declared the collection of personal data from the CNIL (Declaration receipt No. 1385280) and commits itself to abide by all restrictions imposed by law.
Business & System Architects Conseil will remove your Information and Information from the Service Participants in the event of termination of this Agreement and in accordance with the current Business & System Architects data backup policies.
Business & System Architects Conseil has established technical safeguards and procedures to protect communications with the Service, including the communication of content and information. In addition, Business & System Architects Council will disclose only the Content and Information in accordance with the instructions you have given through your use of the Service, and the provisions of the data processing charter Personal. In spite of the above, the security of communications sent via the Internet (including e-mails) is subject to many factors that are not under the control of Business & System Architects Conseil, and, as a result, Business & System Architects Conseil cannot guarantee the security or privacy of the communications in question.
9.6 Communications from Business & System Architects Consulting
Business & System Architects Consulting will be able to send you e-mail about events related to service maintenance or changes to the functionality or service provision.
9.7 Information of Participants
Regarding the relationship between Business & System Architects Conseil and you, you will have full responsibility for all the information of the Participants in connection with the Service, and Business & System Architects Conseil will not exercise any Responsibility in this regard. You will have to comply with all rules and laws relating to the protection of personal data and privacy applicable to the information of users and collaborators users or not. You will have to notify Business & System Architects advice against any claim, lawsuit or proceeding against Business & System Architects Consulting by a Participant, in connection with any act or omission concerning his or her information. Service-related e-mails can be sent to Participants by Business & System Architects Conseil. As a result, these Participants may receive certain e-mails related to the availability of the Service or the management of their passwords.
10 Service Level agreement
10.1 Service Availability Objective
The objective of Business & System Architects Conseil is to provide reasonable efforts to ensure Service availability of 99.9%, based on calculations made on a monthly basis. The availability of the service is defined as the time during which the Service can receive, process and respond to requests, except as regards:
(a) Periodic Maintenance,
(b) Incidents due to customer error, and
(c) Cases of Force Majeure.
The availability of the Service is calculated by percentage, dividing the number of minutes during which the Service is available during the current month, by the number of total minutes during the month in force after deducting the Maintenance times Incidents related to customer errors, and cases of Force Majeure.
10.2.1 Periodic Maintenance
Periodic maintenance is defined as any maintenance performed during the standard Business & System Architects Conseil Maintenance Niche (currently between Friday 17:00 and Monday 09:00 and the other days of the week between 18:00 and 08:00 ) and any other maintenance for which you have received an advance notice of at least forty-eight (48) hours.
Business & System Architects Conseil may maintain a part or all of the service in order to update the computer hardware or software that allows the service to be operated or taken care of, to enforce Security measures, or treat any other problem if Business & System Architects advise the judge appropriate for the continued operation of the Service.
10.2.2 Incident due to Client error
An Incident due to a customer error is defined as any service unavailability resulting from your applications, content or hardware, or the acts or omissions of any user of the service.
10.2.3 Force Majeure
Force Majeure is defined as unforeseeable cases, terrorism, social unrest, fires, floods, earthquakes, acts, decisions or restrictions imposed by governments, denial of service, attacks or any other malicious conduct, installations failures, or any other cause of unavailability of Service which, in accordance with French jurisprudence,
(i) is independent of the will of Business & System Architects Conseil,
(ii) is unpredictable and
(iii) cannot be avoided when even Business & System Architects implement all the required diligences.
11 Warranty Limitation
With the exception of any legal guarantees of public policy which you would be recognized, the Service and the Application are provided “as is” and without any guarantee, “as is available” and “without warranties of defect” to the extent permitted by the Law. Business & System Architects Conseil, its subsidiaries, subcontractors, service providers, employees, agents, licensors and any other parties involved in the creation, manufacture or delivery of the Service, reject all Warranties and Declarations of any kind, whether express, implied or statutory, including without limitation all warranties of fitness for sale, fitness for a certain purpose, integration into or compatibility with a system, absence of negligence, peaceful enjoyment and non-infringement. Without limiting the foregoing, Business & System Architects Conseil does not warrant or claim that the Service will be continuous, secure, reliable, accessible, uninterrupted, or error-free, or that the servers and software of Business & System Architects Conseil do include any viruses or other harmful components, or that the security procedures and mechanisms of the Business & System Architects Conseil will preserve the loss or alteration of personal information by a third party or the abusive access by a third party.
12 Limitation of Liability
12.1 Neither Business & System Architects Conseil nor its suppliers shall be liable to you or to any third party for any indirect, special or incidental damages (including, without limitation, damages for the inability to use the Service or access to the data, loss of activities, profits, interruption of activities, and other events of the same type), due to the use or inability to use the Service, whatever the responsibility (including, without this be restrictive, breaches of contract or warranty, delicts or negligence) and even if the Business & System Architects Conseil or its suppliers have been warned of the possibility of such damages.
12.2 The overall responsibility of Business & System Architects Conseil for you for any actual injury you have suffered, whatever the cause, will be limited to the amount you have paid for the service in the last twelve (12) months, if appropriate. You agree that, notwithstanding any regulation or law to the contrary, any claim or action based on or related to the use of the service must be registered within one (1) year after the occurrence of the claim or cause of action, under penalty of definitive foreclosure. Suppliers of Business & System Architects Conseil will not assume any responsibility for you for any reason whatsoever.
12.3 The limitations of liability contained in this article 12 (Limitation of Liability) concern the warranties and exclusions of warranties set forth above and all other points of this Agreement. In accordance with the public policy provisions of the French law, the limitations or exclusions of liability set forth above may not apply to you. In any event, nothing contained in this Agreement shall limit the liability of Business & System Architects advice to you in case of death or bodily injury resulting from a gross negligence committed by Business & System Architects Conseil.
13 Applicable Law
The Service is managed by Business & System Architects Conseil from its established offices in France. By accessing and using the Service, you and the Business & System Architects Conseil agree that, to the extent permitted by French law, all disputes relating to this Agreement and your access to, or use of, the Service are governed by, and interpreted in accordance with the law in force in France. This contract shall not be governed by the rules relating to conflicts of laws of any jurisdiction or by the United Nations Convention on contracts for the International Sale of goods, the application of which is expressly excluded.
The Parties in attendance expressly wish to have the contract and all related documents written in French for the purposes of this Contract.
You are solely responsible for the good knowledge and compliance with the laws that may prohibit you from participating or using any part of the Service. If any stipulation of this contract is deemed to be invalid or unenforceable, this stipulation shall be construed as faithfully as possible in such a way as to reflect the intentions of the parties, and all its other provisions will remain in full force. The fact that the Business & System Architects Conseil refrain from exercising or applying any right or clause of this Agreement shall not constitute a waiver of that right or clause, unless the Business & System Architects Conseil has recognized and accepted in writing. The rights you have herein must not be transferred or transferred to any third party. Each Party shall send to the other any written notification under this Agreement in accordance with the following procedure:
(a) For your purpose, the notification will be sent to the e-mail address associated with your account, and
(b) for Business & System Architects Conseil, the notification will be sent to Business & System Architects Conseil, 47, Quai du Verdanson 34090 MONTPELLIER – for the attention of the Directorate-General. In the event of a discrepancy between the terms of this agreement, the Personal Data processing Charter, or the scope of the license, the documents shall have the following order of precedence:
(i) The Extension of Service,
(ii) This Contract, and
(iii) The Charter for the processing of personal data.
This agreement, including the Personal data processing Charter and the Extension of Service, if any, constitutes the entire agreement between you and the Business & System Architects Council, and supersedes any prior agreements, all assertions , and any agreements concluded between the parties as to the purpose hereof.