JOOXTER - TERMS AND CONDITIONS
Updated 01/01/2023
TERMS AND CONDITIONS OF USE
WHAT IS JOOXTER?
JOOXTER is a SaaS application offering workspace management and occupancy data analysis services to professionals (hereinafter the "Services").
The Services are accessible via the Internet on computers, tablets and smartphones.
HOW TO USE JOOXTER
To access the Services, you must download the dedicated application and take out a subscription by contacting JOOXTER directly at
.
You will not be able to access the Services without first subscribing.
Once you have subscribed, JOOXTER will provide you with a username and password that will allow you to access the Services.
HOW TO TAKE OUT A SUBSCRIPTION
Please contact JOOXTER by e-mail at the following address:
- contact@jooxter.com or make a contact request directly from the JOOXTER website at https://jooxter.com/en/contact/.
- After gathering essential information about your business (number of employees, buildings, etc.), JOOXTER will provide you with a quotation including tailor-made Services, adapted to your needs.
The terms of acceptance of the quotation, subscription and performance of the Services are governed by the General Terms and Conditions of Sale (GTS) below.
TERMS AND CONDITIONS OF SALE
ARTICLE I. PURPOSE
These are the General Terms and Conditions of Sale (GTCS) of JOOXTER, headquartered at 165, avenue de Bretagne 59000 Lille, SAS with capital of 74 017 euros, registered with the Lille Métropole Trade and Companies Registry under number 803 615 574, hereinafter referred to as "JOOXTER" or "the Supplier".
These terms and conditions apply to the Services offered by JOOXTER, namely :
- Subscriptions which include a license to use workspace management and collaboration software developed by the company , and for which it holds all the intellectual property rights necessary for its commercialization, either directly or through its licensors.
- Non-Subscription Services.
ARTICLE II. DEFINITIONS
The following terms and expressions have, unless otherwise specified, the meaning given to them below if they appear with their first letter capitalized, whether singular or plural in these GTC or in any other document issued by JOOXTER.
Subscription: refers to the subscription formula chosen by the Customer and described in the Contract or Quotation.
Customer: means the person who has subscribed to a Contract with JOOXTER and who is responsible for payment of the price. The Customer is a professional.
i.e. he is acting for purposes that fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. The Customer's identity is mentioned in the Quotation.
Order: acceptance by the Customer of a Service offered by JOOXTER.
General Sales Conditions or GSC: refers to the present document.
Contract: refers to all the rights and obligations of the Customer and JOOXTER concerning a Service and described in these Terms and Conditions.
General Terms and Conditions of Sale, the Quotation, the Service Agreement, an Order or any special terms and conditions agreed between the Parties.
Service Level Agreement (SLA): refers to the document defining the levels of quality and security expected of the Solution, particularly in terms of availability, performance, response times and incident correction.
Quotation: refers to the document detailing the Service offered to the Customer, as well as its terms and conditions (notably financial).
Documentation: means all manuals and/or online help, written in French and in any other language agreed between the Parties and supplied by the Supplier at the time of the Order and during the performance of the Services, describing the functionalities of the Software, in its successive versions .
Data: refers to all Customer and Supplier information and data generated or exchanged as part of the Services.
Personal Data: means any data or other information defined as such by the European and French regulations
applicable to the protection of Personal Data and in particular Regulation nᵒ 2016/679, known as the General Data Protection Regulation ("RGPD").
Equipment: means any type of equipment, whether or not connected to the Software, implemented by the Customer or used by its employees without Supplier's control.
Confidential Information: means any information or Data, whether or not owned by the Parties, communicated by one of the Parties to the other Party in the course of the performance of the Services, whatever the form used for such transmission (written, oral, visual, etc.) and whatever the medium used for such transmission (paper, drawing, computer-readable media, etc.), and including, but not limited to, patents, trademarks, software, copyrights, know-how, etc.This includes, but is not limited to, patents, trademarks, software, copyrights, know-how, plans, drawings, models, designs, specifications, media, Data, minutes of meetings, etc., as well as any other intellectual property rights.
Identifier: means the specific term by which each End User identifies himself to connect to the Software. The identifier will always be
accompanied by a password specific to the End User.
Software: means the software and all patches, updates and new versions, hosted by the Supplier and made available to the Customer in SaaS mode for remote execution by the Customer and/or its Users.
Hardware: refers to presence sensors, interactive room entry tablets, wall-mounted display screens, kiosks and any other hardware connected to the Software and implemented by the Supplier or its partners within the scope of the Contract.
Party(ies): means, depending on the context, the Customer and/or the Supplier.
Services: refers to all services offered by JOOXTER, i.e. Subscriptions and Services.
Resources: refers to the number of meeting rooms, offices, equipment and materials (such as sensors) proposed in the quote.
Services: refers to a one-time service provided by JOOXTER at the Customer's request and outside the scope of the Subscription. The Services will give rise to additional invoicing either provided for in the Quotation or freely negotiated between the Parties.
Solution: refers to the combination of Software and Services, ensuring that the Software is made available by the Supplier in SaaS mode.
User or End User: Refers to any person authorized to use the Solution in accordance with the provisions of the Contract, under the Customer's responsibility.
ARTICLE III. SCOPE OF APPLICATION
These Terms and Conditions apply to each Service offered by JOOXTER and accepted by the Customer.
The signing of a Quotation by the Customer, or acceptance of the Quotation by the Customer in any way whatsoever, implies full and unreserved acceptance of these General Terms and Conditions of Sale, which are applicable notwithstanding any clauses to the contrary that may appear in any document issued by the Customer (such as its general terms and conditions of purchase). Any clauses in the Customer's documents that are contrary to these GTS will therefore be automatically declared unenforceable against JOOXTER, unless expressly agreed otherwise in writing by the parties.
The General Terms and Conditions of Sale applicable are those in force at the time the Quotation is signed, unless modified by law or regulation.
JOOXTER reserves the right to modify these Terms and Conditions at any time. These modifications will only be applicable to Services performed after the said modifications and subject to the Customer's prior acceptance by any means. In the absence of acceptance, the previous General Terms and Conditions of Sale shall continue to apply.
ARTICLE IV. OBLIGATIONS
JOOXTER undertakes to take every care to ensure the quality of the Services provided to the Customer and to comply with the terms of the Service Agreement.
The Customer undertakes to cooperate in good faith with the Supplier, and in particular, within the deadlines and conditions agreed between the Parties, to :
- Use the Solution in accordance with the terms of the Agreement and ensure that the use of the Software by Users complies with the terms of the Agreement, the Customer being fully responsible in this respect for transmitting to the Supplier the true and complete information necessary for the provision and supply of the Solution.
- Take, with regard to the Supplier, the decisions necessary for the proper performance of the Services.
- Make available to the Supplier, if necessary, the resources, in particular material, technical and human resources, necessary for the provision
and supply of the Software and Services within the contractually agreed deadlines.
- Give the Supplier, if necessary for the performance of the Contract, access to the Customer's premises and/or sites, in accordance with the applicable schedules and security instructions.
The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations shall not be construed as a waiver for the future of the obligation in question.
As soon as the Contract comes into force, the Customer will designate one of the Supplier's main contacts to monitor the Contract. The Customer undertakes to appoint a new contact if the previously appointed contact is no longer able to carry out this task, for whatever reason. A monitoring committee, comprising in particular the person designated as the Supplier's "Customer Manager" and the Customer's preferred contact, will meet at least once a year to analyze the Customer's use of the Services and monitor the Parties' compliance with the Agreement.
Meetings will be held at the Customer's premises, by videoconference, or at any other location that the Parties may designate.
ARTICLE V. ORDERS
The financial terms of JOOXTER's Services as well as the options subscribed by the Customer are indicated in the Quotation.
The Order is final and the Contract will come into force when the Customer has accepted the Quotation in any way whatsoever. JOOXTER reserves the right to refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order until such dispute is resolved.
From the date of acceptance of the Quotation by the Customer, the Supplier shall benefit from a period of six (6) weeks to install the Equipment and enable the Customer to use the Solution under the conditions of the Contract, unless otherwise agreed between the Parties and forming part of the Service deployment plan drawn up between the Customer and the Supplier.
In this respect, the Customer undertakes to do everything in its power to enable the Supplier to carry out the operations required to launch the Services (access to the Customer's premises, rapid response to the Supplier's questions, completion of any work required to ensure that the Customer's environment complies with the functional and technical prerequisites, etc.).
In any event, the Services shall be deemed to have commenced on expiry of a period of six (6) weeks and the related invoicing may be claimed from that date, even if the Customer has not enabled the Supplier to carry out all the operations necessary to guarantee use of the Solution under the conditions of the Contract.
Validation of the correct deployment of the Solution by the Parties will be the subject of a "project validation" meeting, the date of which will be fixed by the Parties during the "Kick off" meeting, which will be held following validation of the Order and prior to the launch of the Services.
ARTICLE VI. FINANCIAL CONDITIONS
The prices of the Services are indicated in the Quotation accepted by the Customer.
Prices are exclusive of VAT and will be increased by VAT at the rate in force on the date of invoicing.
Prices are revised at each billing date according to changes in the SYNTEC index, by applying the following formula:
P = P0 x (S1 / S0)
Where: P = revised price
P0 = original contract price
S0 = SYNTEC reference index
S1 = last known SYNTEC index at the price revision date The SYNTEC reference index (S0) is the last known at the date of submission of the signed Quotation or serving as the basis for the Customer's Order.
Billing and payment
Subscriptions are invoiced in advance (in arrears).
Payment shall be made by bank transfer or direct debit, without charge or discount to the Supplier.
The Customer undertakes to pay the total amount of each invoice without being able to set off any sums due or claimed to be due from the Supplier. If an invoice is contested, payment of the contested invoice remains due. If the dispute is accepted, a credit note will be sent to the Customer as soon as possible.
The Customer undertakes to take cognizance of the functional and technical prerequisites, accessible on the Supplier's documentation base, and to carry out any work relating to the said prerequisites, in order to guarantee the provision of the Software and Services by the Supplier, in particular concerning integrations between the Supplier's Software and the Customer's IT environment.
The Customer also undertakes to deal with any administrative constraints of its own (issue of purchase orders, internal payment order deadlines, payment campaigns, etc.) in such a way as not to create any additional delays for the Supplier in relation to the commitments of the present contract (payments, renewals, etc.) and to the legal provisions concerning payment deadlines. It therefore undertakes to communicate to Jooxter, a simplified joint stock company (SAS) with capital of €74,017, SIREN number: 803 615 574, RCS Lille-Métropole
Supplier the current, clear and complete invoicing process, as well as a means of contacting the department in charge of supplier invoicing (supplier accounting department email address and direct telephone number). Any updates to the process must be notified to the Supplier in order to facilitate the invoicing process.
In any event, the reference date for calculating payment terms will remain the date on which the invoice is issued by JOOXTER.
Payment terms and delays.
Payment for JOOXTER's Services is due by the Customer thirty (30) days after the date of issue of the invoice by JOOXTER or on the due dates
indicated on the invoice.
Any sum not paid by the Customer thirty (30) days after the date of issue of the invoice by JOOXTER or the due dates indicated on the invoice, will produce, 15 days after formal notice to pay, a late payment interest calculated prorata temporis at the refinancing rate applied on the first day of the reference semester by the European Central Bank (ECB) increased by 10 (ten) percentage points as well as the exigibility of a minimum fixed indemnity of 40 euros, set by decree, for collection costs.
JOOXTER reserves the right to charge the Customer a higher indemnity for collection costs, upon presentation of proof (art. L 441-6 and D 441-5 of the French Commercial Code).
In addition, in the event of partial or total late payment of more than fifteen (15) days, JOOXTER reserves the right to suspend the provision of the
Service concerned without formality and without prejudice to any outstanding sums and any damages.
ARTICLE VII. INTELLECTUAL PROPERTY
Warranties
JOOXTER warrants to the Customer that it holds all intellectual property rights necessary to perform the Services. In this respect, it guarantees that the Services provided do not infringe the rights of third parties and do not constitute an infringement of a pre-existing work.
The Supplier grants the Customer the right to access and use the Software in accordance with the Agreement.
The Customer shall refrain from infringing the Software and the Supplier's rights in any way whatsoever and in particular:
- Use the Software beyond the rights expressly granted to it under the Contract.
- Copy, sub-license, rent, transfer, distribute, reproduce, incorporate or modify the Software and its contents (including the Documentation).
- Decrypt, extract or decompile the Software and its contents.
The Software and all of its contents, as well as all work carried out within the framework of the Contract, training materials, tools, methods,
know-how developed and/or used within the framework of the performance of the Contract remain the exclusive property of the Supplier and/or its licensors, who retain(s) all Intellectual Property Rights and all prerogatives pertaining thereto.
No right of ownership is transferred to the Customer in execution of the Agreement, and the Customer acquires no right whatsoever hereunder other than the right to access and use the Software within the limits set forth above.
In this respect, the Customer undertakes not to use the information gathered under the Contract to develop software that competes with the Software.
The Agreement does not include any transfer or license of Supplier's trademark(s) and/or any other distinctive sign appearing on/in the Software.
The foregoing restrictions shall survive the expiration or termination of the Contract for any reason whatsoever.
The Customer shall remain liable to the Supplier for any breach of the Contract in this respect, whether caused by itself or by its employees and/or service providers working on its sites.
ARTICLE VIII. PERSONAL DATA
The Supplier undertakes, as a Subcontractor within the meaning of the RGPD, to:
- Process the Personal Data to which it may have access solely for the purposes of the Contract, in accordance with the Customer's
instructions. It thus undertakes not to use them for its own account or for that of a third party.
- Comply with current regulations applicable to the processing of Personal Data and, in particular, the RGPD.
- Keep its data processing register up to date and make it available to the Customer on first request.
- take all necessary precautions to preserve the confidentiality and security of any Personal Data to which it may have access, and in particular to prevent it from being distorted, damaged or communicated to unauthorized third parties, and more generally, to implement appropriate technical and organizational measures to protect Personal Data against accidental or illicit destruction, accidental loss, alteration, distribution or unauthorized access.
- Only those members of its staff who have a need to know may have access to the Customer's Personal Data, ensuring that these persons are subject to a contractual or legal obligation of confidentiality and appropriate security.
- Update safety measures in line with technical developments.
- Notify the Customer of any breach of Personal Data as soon as possible after becoming aware of it, in particular to enable the Customer to comply with the obligation to notify the CNIL of any data breach.
- Implement the necessary measures to protect Personal Data in the event of a data breach, in consultation with the Customer to limit any negative effects on those affected by the breach.
- Respect the retention periods for Personal Data, as specified by the Customer.
- According to the Customer's choice, destroy all Personal Data or return them to the Customer at the end of the Contract and destroy existing copies under the conditions specified in the last paragraph of this article.
The Customer, as the Data Processor within the meaning of the RGPD, declares and guarantees:
- That it provides the Supplier with express instructions regarding the processing of Personal Data, which will include at a minimum a description of the purposes of processing, the type of processing carried out, the list of categories of Personal Data processed, the categories of Data Subjects (as this notion is defined by the RGPD) whose Personal Data is processed and the retention periods of said data.
- That the Personal Data processed and communicated to the Supplier under the Contract are lawful.
- That it provides Data Subjects with complete, detailed and transparent information and that the latter benefit from adequate and effective means enabling them to exercise their rights with regard to the processing carried out.
- That in creating, installing or downloading the Personal Data, it does not exceed any right that may have been granted to it on all or part of the said data and that it does not infringe the rights of third parties.
The Customer undertakes to compensate the Supplier for any financial consequences that the Supplier may incur as a result of a breach by the Customer of the aforementioned guarantees concerning Personal Data.
- Not to communicate to the Supplier any Personal Data that would require the Supplier to comply with specific laws or
regulations other than those expressly provided for in the Contract.
The Supplier shall in no event be liable for any breach of applicable law provided that the processing carried out by the Supplier on behalf of the Customer complies with the Customer's instructions.
Should the Customer wish to modify its instructions, it shall notify the Supplier at least 30 (thirty) days in advance to enable the Parties to evaluate the proposed modifications. The Customer hereby acknowledges that :
- The incorporation of modifications may have a direct impact on the Services, making it necessary to modify the terms of the Contract, including the financial conditions.
- The Parties shall negotiate in good faith any modifications to the Contract that may be necessary, including the timeframe for incorporating such modifications.
The Customer authorizes the Supplier to use another subcontractor (hereinafter, the "Subsequent Subcontractor") to carry out specific processing activities.
In the event of the engagement or change of Subsequent Subcontractor, he shall keep the Customer informed. The Subsequent Subcontractor is bound to fulfil the obligations of the Contract on behalf of and in accordance with the Customer's Instructions.
It is the Supplier's responsibility to ensure that the Subsequent Subcontractor presents sufficient guarantees at least equivalent to its own regarding the implementation of technical and organizational measures, so that the processing meets the requirements of the RGPD. If the Subsequent Subcontractor fails to meet its data protection obligations, the Supplier remains fully liable to the Customer for the proper performance of the Contract.
At any time during the performance of the Contract, as well as thirty (30) days after expiration or termination of the Contract for any reason whatsoever, the Customer may retrieve all Personal Data communicated to the Supplier by following the instructions on the Software.
After the aforementioned period of thirty (30) days, following expiry or termination of the Contract, the Supplier will permanently delete all Customer data.
Article IX. CONFIDENTIALITY
The Parties agree that Confidential Information provided by the other Party in the context of the Contract:
- Be protected and kept strictly confidential, and be treated with the same degree of care and protection as they accord their own Confidential Information.
- Be transmitted only to members of its staff who have a need to know, to the exclusion of any third party, whether related, affiliated or not; and be used by the latter only for the purposes of the Services.
- Are not used, in whole or in part, other than for the purposes of the Services.
- Not be copied, reproduced or duplicated in whole or in part except as necessary to perform the obligations under the Contract.
All Confidential Information and reproductions thereof, transmitted by one Party to another Party, shall remain the property of the Party that transmitted it.
The Receiving Party shall have no obligations and shall be subject to no restrictions with respect to any Confidential Information of which it can provide evidence:
- That they entered the public domain prior to their communication or after it, but in this case in the absence of any fault attributable to him.
- They are already known to the company, and can be demonstrated by the existence of appropriate documents.
- That they have been received from a third party in a lawful manner, without restriction or violation of the provisions of the present article.
- That they are the result of internal developments undertaken in good faith by members of its staff who have not had access to its Confidential Information.
-That their use or disclosure has been authorized in writing by the Party from which they emanate.
- That it has been the subject of a disclosure required by law, decree, regulation or court order, provided that (i) such disclosure is strictly necessary to comply with the court order or legal or regulatory provision and (ii) the Party compelled to disclose the Information.
Confidential Information concerned has informed the Disclosing Party as soon as possible of such disclosure, in order to enable the Disclosing Party to take any precautionary measures that may be necessary.
It is expressly agreed between the Parties that the transmission by the Parties of Confidential Information to each other under the terms of this article may in no case be interpreted as conferring, expressly or implicitly, on the Party receiving such information any right whatsoever (under the terms of a license or by any other means) to the inventions, works of the mind, or discoveries to which such Confidential Information relates.
The same applies to copyright, trademarks and trade secrets.
The terms and performance of the Contract will be kept confidential by the Parties and will not be disclosed by either of them without the prior written consent of the other Party.
Each Party undertakes to return to the other Party as soon as possible, when the latter expressly requests it or at the latest within thirty (30) days following the expiry or termination of the Contract for any reason whatsoever, all Confidential Information transmitted by that Party.
All of the obligations described above concerning the confidentiality of Confidential Information will persist for a period of five (5) years after the expiration or termination of the Contract for any reason whatsoever.
ARTICLE X. LIABILITY
Damages
The Supplier shall be liable to the Customer in accordance with the rules of common law. In this respect, it undertakes to compensate the Customer for any direct damage that the Customer may suffer under the Contract.
Under no circumstances shall the Supplier be held liable for indirect damage as defined by the case law of the French courts (and in particular, without this list being limitative: commercial loss, loss of customers, loss of sales or profits, loss of earnings, any commercial disturbance whatsoever, loss of brand image, loss of a chance, loss or corruption of files or Data and/or cost of a replacement solution).
In any event, the Supplier's liability in the event of damage to the Customer, for any reason whatsoever and whatever the
legal basis invoked or retained, all damages combined and cumulated, shall be expressly limited and may in no case exceed the total amount, exclusive of taxes, of the royalties paid by the Customer during the Contract year concerned by the damage, or for their annual share in the case of multi-year royalties collected in advance.
The Supplier cannot be held liable in any case:
- Use of the Services in a manner not provided for in the Documentation or use not expressly authorized by the Contract.
- Modification of all or part of the Software or of the information accessible via the Services not carried out by the Supplier or by one of the service providers designated by the latter.
- Use of all or part of the Software when the Supplier, following a difficulty or for any other reason whatsoever, had recommended suspending its use.
- The occurrence of any damage resulting from the Customer's fault or negligence in using the Software.
In this context, the Customer undertakes to train Users in the use of the Software, and to take all necessary measures to ensure that Users do not communicate their User ID and password to a third party and only use their User ID.
- Use of the Software in connection with services not provided or endorsed by the Supplier and likely to affect the Services or Personal Data.
Force Majeure
Each of the Parties will not be held liable and the Contract will be suspended if its performance or the performance of any obligation incumbent on the Parties under the Contract is prevented, limited or disturbed as a result of an event constituting force majeure in accordance with article 1218 of the French Civil Code.
The Party affected by the case of force majeure, subject to sending the other Party a registered letter with acknowledgement of receipt within ten (10) Days from the date of occurrence of the event, will be exempted from the performance of its obligations within the limit of this
impediment, disturbance or limitation.
The other Party will then, in the same way, be exempted from the performance of its own obligations, always within the limit of the impediment,
disturbance or limitation.
The performance of the obligations of the prevented Party will be postponed for a period at least equal to that of the period of suspension due to force majeure.
However, if the duration of the interruption due to force majeure exceeds one (1) month (from the date of notification of the occurrence of the force majeure event) the Contract may be terminated, ipso jure and without legal formalities, by the non-affected Party subject to thirty (30) Days' notice, notified by registered letter with acknowledgement of receipt to the defaulting Party.
Cancellation takes effect on the day following the aforementioned 30-day period, counted from the date of first presentation of the registered letter with acknowledgement of receipt.
For the duration of the force majeure event, the Party affected by the force majeure event shall make every effort to minimize its effects on the proper performance of the Contract.
ARTICLE XI. EARLY TERMINATION OF THE CONTRACT - CANCELLATION
Either Party may, ipso jure and without indemnity, notify the other Party of its intention not to renew the Contract, subject to at least six (6) months' notice prior to the end of the Initial Period or each Renewal Period.
On the other hand, in the event of breach(s) by a Party of its obligations, not remedied within a period of fifteen (15) days from the date of
receipt of a registered letter with acknowledgement of receipt sent by the other Party and notifying it of the breach(s), the said Party may
immediately terminate the Contract by operation of law, without formality, without prejudice to any damages to which it may be entitled.
In the event of termination of the Contract for any reason whatsoever, the Customer undertakes to :
- Return to the Supplier all items supplied by the Supplier. To this end, the Customer shall make available, within 30 days of the end of the Contract, at a single point and at one time, all sensors and other Equipment belonging to the Supplier in its possession.
- Make immediate payment of all sums due to the Supplier under the Contract, without any right of set-off or deduction, any amounts paid to the Supplier remaining the property of the latter.
ARTICLES XII. TRANSFER
The Customer may not assign or transfer to a third party all or part of the rights and obligations of the Contract without the Supplier's prior written consent.
Any assignment or transfer of all or part of the rights and obligations of the Contract will be the subject of an amendment to the Contract.
The Supplier shall be entitled to transfer to any third party or to incorporate the benefits, rights and obligations resulting from the Contract for any purpose without being liable to the Customer for any compensation.
The Supplier shall notify the Customer of the said assignment by registered letter with acknowledgement of receipt sent within 1 (one) month of signing the assignment of the Contract.
ARTICLES XIII. INDEPENDENCE OF CLAUSES
If any part of these T&Cs should be found to be void, invalid or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and scope and continue to be enforceable. The terms declared non-existent would then be replaced by the terms that most closely resemble the content and meaning of the cancelled clause.
ARTICLE XIV. COMMERCIAL REFERENCE
Unless otherwise stipulated, the Customer authorizes JOOXTER to mention, by way of reference, the existence and purpose of the Services, as well as the Customer's identity (in particular by reproduction of its logo) in its commercial documents distributed to its customers and prospective customers, as well as during its communication actions (commercial events, press articles, institutional communication, commercial advertising, website, social networks, etc.).
ARTICLE XV. NON-SOLICITATION OF PERSONNEL
Each of the Parties undertakes not to hire, directly or indirectly, the personnel of the other Party, for the duration of the Contract and for one year after its termination for any reason whatsoever.
Should one of the Parties fail to meet this obligation, it undertakes to compensate the other Party by immediately paying, upon simple request, a lump sum equal to twelve times the employee's gross monthly remuneration at the time of departure.
ARTICLE XVI. DURATION OF SUBSCRIPTION
When a Subscription is taken out, the duration of theContract between JOOXTER and the Customer is stipulated in the Quotation. This duration may not be less than three (3) years (the "Initial Period").
At the end of the Initial Period, the Contract is tacitly renewable for a period of one (1) year (the "Renewal Period"), each year, unless JOOXTER or the Customer gives notice of termination by registered letter with acknowledgement of receipt received no later than 6 months before the expiry date.
Under no circumstances shall tacit renewal have the effect of creating a new Contract, nor of conferring an indefinite duration on the Contract.
ARTICLES XVII. APPLICABLE LAW
- SKILLS
These General Terms and Conditions are governed by French law and the reference language for any dispute or interpretation is the French language.
Any dispute arising from the interpretation or performance of the Contract shall be subject to an attempt at amicable settlement between the Customer and the Supplier.
Any dispute arising from this Contract shall be subject to the exclusive jurisdiction of the competent courts of the Supplier's registered office, even in the event of summary proceedings, petition or multiple defendants.
Jooxter, simplified joint stock company (SAS) with capital of €74,017, SIREN number: 803 615 574, RCS Lille-Métropole