The CUSTOMER has accurately assessed its own needs and has ensured that the Third Party Services offered by VALUE IT are appropriate to its needs.
The Parties have agreed on the following.
The purpose of the present Special Conditions is to determine the terms and conditions for the provision of Third Party Services by VALUE IT to the CUSTOMER.
The Third Party Services are described in the Commercial and Technical Proposal.
The CUSTOMER expressly acknowledges and agrees that the Third Party Services are standard services that have not been designed to meet specific needs and that, therefore, no warranty or liabilitý is made, in particular, for the ability of the Third Party Services to meet the CUSTOMER’s objectives.
The present contract comes into force on the date of signature of the Commercial and Technical Proposal by the CUSTOMER.
The present contract is concluded for the duration stipulated in the Commercial and Technical Proposal signed by the CUSTOMER.
Within the framework of this agreement and in derogation from Article 4 of the General Conditions "Contractual Documents", the CUSTOMER acknowledges and accepts that the Third Party Services will be governed, in descending order of priority, by the following Contractual Documents:
- The legal terms and conditions applicable to the Third Party Services which are available via the web links in the Commercial and Technical Proposal.
- These Special Conditions,
- The General Conditions.
The CLIENT commits and guarantees to VALUE IT that it will strictly comply with its commitments and obligations under the Contractual Documents.
In case of contradiction, the document of higher rank will prevail for the obligation in question.En cas de contradiction, le document de rang supérieur prévaudra pour l’obligation en cause.
Changes to Third Party Services and emergencies (such as security risks or legal or regulatory compliance) may result in immediate changes.
In the event of a change that degrades a Third Party Service in use (removal of functionality, decrease in performance, etc.), Customer may terminate Third Party Service by registered mail with acknowledgment of receipt within thirty (30) days of the implementation of the evolution.
Subject to the commitments that may be made in the legal conditions applicable to the Third Party Services, VALUE IT is not responsible for the Third Party Services made available in the framework of the Services in particular for technical mistakes, security vulnerabilities, incompatibilities or instabilities, and does not give any guarantee on the Third Party Services made available in the framework of the Services (including all the information and elements associated with them such as software, systems, applications, etc.). ) and the CUSTOMER is authorized to use the Third Party Services provided by VALUE IT, as is, only within the framework of the Services, excluding in particular any possibility to decompile, to access the sources, the Third Party Services software or systems made available to it. The CUSTOMER uses the Third Party Services under his own responsibility, in compliance with the legal conditions applicable to the Third Party Services and this, under the conditions recalled in the article " Acceptance of the General Conditions ".
VALUE IT's LIABILITY CANNOT BE INCURRED IN ANY CASE OF INEXECUTION, FAILURE, MALFUNCTION OR INABILITY OF A THIRD PARTY SERVICE.
In case of condemnation of VALUE IT, in all cases, principal, interest and costs, the Parties agree that VALUE IT will not be held to an amount higher than the ceiling provided for in the legal conditions applicable to Third Party Services.
The CUSTOMER unsertakes to pay to VALUE IT, in consideration of the Third Party Services organized in the present Particular Conditions, the price defined in the Commercial and Technical Proposal.
IN CASE OF DISPUTE AND AFTER IMPLEMENTATION OF THE CONCILIATION CLAUSE, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COMMERCIAL COURT OF SAINT-ETIENNE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR WARRANTY CLAIMS, EVEN FOR EMERGENCY PROCEDURES OF PRECAUTIONARY PROCEEDINGS IN THE SAME CASE.