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General Terms & Conditions of Sale

WORTIS SAS

Article 1: object


The General Conditions of Sale “GTC” below detail all the provisions governing the contractual relationship between WORTIS SAS and the merchant (hereinafter referred to as “Customer” for the supply of the cashing box and connected management “Service At the Customer’s point of sale.


Article 2 – Definitions


Wortisbox: A device consisting of a 10-inch Android touchscreen, a thermal receipt printer and an integrated barcode reader, to record all business operations.
Special Conditions or CP: Designate the Contract or its endorsement (s) and the specific conditions of the offer (s) subscribed by the Client to WORTIS.
Commissioning: Amount paid as opening of the customer account, and in exchange for the provision by Wortis of a Material whose amount is fixed in the CP of the contract.
Equipment (s): Equipment (s) and connectors (s) provided by Wortis and necessary for the use of the Service (s).
Service: Refers individually or collectively to the current and future services provided by WORTIS, including access to the collection and management platform, the provision of remote tracking applications, the provision of management software .
Electronic Payment Terminal (EPT): Electronic device for securely processing credit card payments.


Article 3 – Subscription and provision of the Service


3.1 Subscription
Subscription is understood as the signature of the Special Conditions of the Contract by the Customer. The signing of the Special Conditions of the Contract is valid for acceptance of the General Conditions of Sale.
The Customer undertakes to inform WORTIS in writing of any change in his professional situation that may affect the performance of the Contract.
The Contract is concluded on the date indicated on the CP but takes effect on the date of initialization of the Service.
3.2 Provision of the Service
WORTIS grants, by the present Contract, a right of use on the software (s) or any software which it would replace to him, property of WORTIS. This right of use granted to the Customer is a personal and non-exclusive right.
The Customer may not make any changes to the software, or reproduce them in whole or in part, for any purpose whatsoever.
Software is provided within the limit of the available memory space of the Hardware.
3.3 Modification of the Service
The Customer may, during the Contract and under the conditions defined herein, subscribe to one or more Services offered by WORTIS and not subscribed by him initially, as well as, as the case may be, any Service that WORTIS would be brought to
propose later.
The Customer will be informed of the Special Conditions relating to the modification of the Service, prior to its activation.
A modification of the Service may be subject to fees charged according to the tariff in force.


Article 4 – Material


4.1 Provision of Material

In order to allow the supply of the Service WORTIS may be required to make available the Equipment such as a box of cashing or others, to the Customer.
The delivery of the Equipment is generally done by sending WORTIS to the Customer.
The Material is made available to the Customer after signature of the Contract and may be billed in the absence of return of the Equipment, or in case of damage, breakage, theft, loss or damage to the wrongs of the Customer.
Upon receipt of the Material, the Customer is responsible for its custody and safekeeping and Services that can be delivered from it. The Customer will be obliged to compensate WORTIS for the cost of replacing the Equipment in the event of deterioration or disappearance of the Equipment not covered by the insurance or in case of non-return of the Equipment made available. Accordingly, WORTIS recommends that the Customer insure the Material made available to him.
The amount of the replacement value of the Equipment applies according to the rates in effect at the time of subscription.
During the term of the Contract, the Equipment remains the property of WORTIS. The Customer is forbidden to assign or sublet the Equipment without the express authorization of WORTIS.
4.2 Special provision
WORTIS will be able to set up, if necessary, one of the marketing tools, allowing the merchant to communicate with the outside world.
4.3 Maintenance of the Equipment made available
WORTIS ensures the maintenance of the Equipment by a hotline whose telephone number and opening hours will be communicated to the Customer upon delivery of the Equipment.
It is forbidden for the Customer to intervene himself on the Equipment in order to carry out or make repairs. The costs of reinstatement that would result would then be at his expense.
WORTIS may perform all logistics services incidental to this Agreement (delivery, installation, commissioning, telephone support and maintenance) through its subcontractors.
Are excluded from the maintenance any repairs or interventions having for origin:
– failure to comply with the specifications provided by WORTIS and / or its service provider concerning the operation of the Equipment,
the installation and / or use instructions;
– damage caused by vandalism, negligence or errors of the Customer or its agents;
– the fall of the Equipment;
– the infiltration of liquid;
– an intervention of people not authorized by WORTIS and / or its provider on the Hardware, software, devices, cables
connection or power supply constituting the Hardware;
– an event of force majeure;
– the supply of consumables (paper rolls, ink cartridges, batteries, …);
– degradation of the cables connected to the Equipment;
– the coupling of the Equipment with equipment, materials, products or systems not provided by WORTIS or not specifically recommended by WORTIS and / or its service provider;
– the interventions attributable to the equipment or communication network to which the Equipment is connected;
– the technical upgrade operations of the Equipment, other than those deemed necessary by WORTIS and / or its
provider.

 

4.4 Return of Material

Upon termination of the Contract, for any reason whatsoever, the Customer shall return to WORTIS, at its expense, the Equipment in perfect condition, within eight (8) days of the termination.

Article 5 – Rent


The Equipment and the Service are invoiced by WORTIS to the Customer, according to the rates indicated in the CPs to the Contract.

 

Article 6 – Payment


Invoices are issued as of the date of availability of the Materials or the execution of the Services. Unless otherwise agreed in writing by WORTIS, invoices are payable, net and without discount, to ten (10) days, date of invoice, and payment will be made payable to WORTIS in euros, by direct debit. Payment will only be considered as made upon collection
actual price by WORTIS.
WORTIS reserves the right at any time to require an advance payment or a cash payment before executing the orders, in particular if WORTIS has noticed a payment incident, if the financial investigation on the Customer is unfavorable, as well as in the where a factoring company would refuse to take into account the Customer’s invoices.
WORTIS agrees to execute the only orders placed by the Customer who presents sufficient financial guarantees, ensuring that it will actually pay the amounts due at their due date. Consequently, if WORTIS has particular reasons to fear payment difficulties on the part of the Customer on the date of the order, or after this one, or if the Customer does not present the same guarantees as on the date of acceptance of the order, WORTIS may make the acceptance of the order or the continuation of its execution subject to a cash payment or to the provision, by the Customer, of guarantees for its benefit. The warranties will be taken at the exclusive cost of the Customer. WORTIS will also have the faculty, before the acceptance of any order, as in the course of execution, to require the Customer to communicate its accounting documents, and in particular the profit and loss accounts, even forecasting, enabling it to assess its solvency. In case of refusal by the Customer of the cash payment, without any sufficient guarantee being proposed by the latter, WORTIS may refuse to honor the order (s) passed (s) and deliver the relevant Equipment, without that the Customer can argue an unjustified refusal to sell, or claim any compensation.
All disputes relating to an invoice must be invoked and notified by the Client to WORTIS within ten (10) days of the date of said invoice. Beyond that date, the provisions of this article below will be applicable by right.
Any amount unpaid at the end of the term will incur late interest at the refinancing rate of the European Central Bank increased by 10 percentage points, as well as a lump-sum indemnity of recovery fees for unpaid claims of 20 euros per invoice, starting from the day after the settlement date fixed on the invoice and until the effective settlement; interest will be payable upon receipt of the debit notice sent by WORTIS.

 

Article 7 – Suspension of the Service


Access to the Service may be temporarily interrupted for security reasons and / or during maintenance operations or changes to the Service.
WORTIS reserves the right to remotely deactivate the Equipment in case of non-compliance with the Customer’s commitments, particularly in
cases of unpaid bills.


Article 8 – Duration and termination of the Contract

The Contract is concluded for an indefinite period.
The Contract may be terminated by either party giving three (3) months notice, given by registered letter
with acknowledgment of receipt.
WORTIS may terminate the Contract by operation of law in the event of non-performance by the Customer of any of its obligations, particularly in the event of non-payment, eight (8) days after the sending of a letter of formal notice addressed to the Client, without the need to resort to the courts, in the absence of repair of this failure within this period from the Customer.
WORTIS may terminate this Agreement without notice in the event of assignment by the Customer of its business.

 

Article 9 – Liability


The total and cumulative liability of WORTIS, whatever the cause and regardless of the number of claims, will be limited to the amount paid by the Customer to WORTIS under the order concerned.
WORTIS will not be responsible for any indirect loss or damage, including economic loss, loss of profits, loss of revenue or time, loss of data, or damages resulting from suspension of Service, failure or malfunction of the Equipment.
In the event of force majeure preventing one of the parties from performing its obligations in accordance with the provisions of this Agreement, the execution of these presents shall be suspended during the period when said conditions prevent performance, without
to be entitled to compensation for one or other of the parties. In case of fraud, the responsibility of WORTIS can not be committed, on the understanding that any access code is strictly personal.
The Customer may not assign or transfer, in any form whatsoever, all or part of this Agreement without the prior express consent of WORTIS.
The Customer will therefore always be liable for sums related to the use of the Service (Subscription) until the transfer of account following the sale of his business is validated by WORTIS.
WORTIS may sell, assign or transfer this Agreement and the ownership of the Material to any person, company, organization or entity of its choice, which Customer expressly and without reserve reserves in advance.


Article 11 – Data Protection Act


In application of articles 27 and 31 of the law n ° 78.17 of January 6th, 1978, relating to data processing, files and freedoms, it
It is specified that the communication of the personal information appearing in the CP is obligatory. This information is
intended for WORTIS which, by express agreement, is authorized to keep them in computer memory as well as to communicate them to the companies of its group, to third parties for management purposes, or to subcontractors. The rights of access and rectification may be exercised by the Customer to the service having collected this information at the following address:
WORTIS SAS, 32 avenue Henri Varagnat
93143 Bondy Cedex, France.


Article 12 – Applicable law / Jurisdictions


This contract is subject to French law. In the event of a dispute, the Courts and Courts of Paris shall have exclusive jurisdiction, even in the case of multiple defendants, collateral appeals or summary proceedings.


Article 13 – Miscellaneous provisions


WORTIS reserves the right to modify the price conditions according to the evolution of the market and the operators’ offers, subject to informing the Customer by mail, e-mail or any other means. at least one (1) month before the new conditions come into force. In the event of disagreement, the Customer will have one (1) month
request the termination of the Contract. This termination will take effect upon receipt of the letter recommended by WORTIS. Failing
the Customer will be deemed to have accepted the new conditions.