Terms & Conditions
Last Updated: 04/15/2024
Preamble
Read the terms of the present General Terms and Conditions (GTC) carefully, in their current version, at the time of access, consultation and use of the Website.
Otowui is a trademark owned by WISAVICE, SASU WISAVICE domiciled Val d’Europe Park – 11 rue de Courtalin – Bat C, 77700 Magny-le-Hongre FRANCE – in the process of registering with Meaux’s Registry of Companies.
WISAVICE reserves the right to unilaterally modify and update at any given time, the GTC according to the Website’s evolution or to conform to legislative, case-law, editorial or technical evolutions as well as potential modifications to the general conditions of use of the Web Host’s services.
If you have any question about our General Terms and Conditions, contact us here.
1.Statutory reserves
The use of this website and its services expresses your consent to the general terms and conditions hereunder. If you do not agree to these terms, from using this website and our services.
2. Eligibility
In order to use our services, the User declares:
Being over 18 years old or of legal age;
Acting for a company and having the legal power and capacity necessary to place any order and accept the Contract without any reserve;
Not being barred from trading with the French state/government;
Having acknowledged, on the website, the features, constraints particularly technical and the functional limitations of the Services (including the features and limitations of each subscription and of the software) and their specificities. The User acknowledges having checked the Services’ adequation to his needs and having obtained all necessary information and advice to subscribe knowingly;
And guarantees that he possesses or is allowed to use all equipment, content, data and information (including his personal information and others’ personal information) that he shares to Otowui during the use of the Service. He retains ownership of the content that he downloads from the Service;
The use of our services commits you to the conformity of the eligibility characteristics aforementioned. Otowui reserves the right, in the event of non-compliance, to terminate the contract without notice.
3. Purpose of the Services
The present terms and conditions apply, without restriction or reserve, to the services offered by the SAS WISAVICE domiciled Val d’Europe Park – 11 rue de Courtalin – Bat C, 77700 Magny-le-Hongre FRANCE – in the process of registering with Meaux’s Registry of Companies (hereafter “WISAVICE”) namely:
Any and all services requiring the use of the Otowui software by WISAVICE (through a subscription)
Any and all accessory services: design of custom-made templates, forms, newsletters, complementary scripts, consulting, courses, ect. (invoices as hourly service provisions)
By way of exception, personalized services can be subjected to other general terms and conditions. In such a case, they will be the subject of specific information previously defined in a contract.
4. Purpose of the contract
The present Terms and Conditions are intended to define the modalities and conditions under which Otowui by WISAVICE delivers Services. They define the obligations and responsibilities of Users (“User” shall be interpreted as any natural or legal person creating an account on Otowui by WISAVICE’s Website or through its Services) and WISAVICE. These are accessible at any given time on Otowui by WISAVICE’s Website https://otowui.com (hereafter the « Website ») and will prevail, if need be, over any other version or contradictory document.
WISAVICE and “Users” are also referred to collectively as “the Parties” and individually “the Party”.
The present terms and conditions and their appendix: the ordering elements (purchase order or online subscription), constitute a legal and binding agreement (hereafter referred to as the “Contract”) applicable between the Parties.
Any other document, information emanating from WISAVICE (including advertising brochures, communication mediums) only has an informative and non-contractual value. Any condition established by “Users”, in particular general conditions of purchase, shall be, in the absence of express acceptance, void and not binding on WISAVICE.
The Contract applies for all uses of the Services, including those as part of beta testing.
In the context of any use of the Services and the Sofware, “Users” acknowledge having read, understood and accepted, expressly and without any reserve, the entire Contract.
The Parties expressly declare that they are and will remain commercial partners and autonomous professionals.
The Otowui software
The core services of the website Otowui by WISAVICE allow Users to create and manage their email Models and/or web pages.
5.1 Subscription
For the use of one the core services of the website Otowui by WISAVICE, Users must take a subscription. Otowui offers different types of subscriptions, the details of which appear on the Website Otowui by WISAVICE. A subscription provides a level of Service of Otowui by WISAVICE for an fixed term and requires an “access”.
5.1.1 Acces to the Otowui Software
To benefit from the Services, Users must, on their own, have an internet connection, create a client account, subscribe to a subscription offer and access the web version on internet browser at the following address: https://otowui.com. Otowui doesn’t offer the use of its Services via browsers/mobile client (tablet, mobile phone…), only the compatibility on desktop computer is provided.
5.1.2 Term / Payment
The subscription contract comes into force on the date of the order’s validation by Otowui by WISAVICE, for an initial period chosen by Users at the time of the order. At the end of the initial period, the subscription is automatically renewed for successive periods of the same duration as the initial period chosen, unless terminated by Users under the conditions below.
5.1.3 Termination of the automatic renewal
Users may, at any given time, terminate the automatic renewal of their subscription. For this deactivation to be effective and taken into account for the current subscription period, Users must send their request through contact form, one working day before the end of the current subscription period at the latest.
When Users request the end of the automatic renewal within the time limit laid down, the subscription continues until the end of the current period and is not renewed. Therefore, at the end of his subscription, Users lose the benefit of the Services, as well as access to the Software Owtowui by WISAVICE. Unless otherwise requested in writing by Users, their Templates’ data can be retained by WISAVICE for a maximum period of six months.
Users must in any case take the precaution of exporting all of their data before the end of their subscription.
No refund, integral or partial, including in case of non-use of the Services (including options), will be processed or accepted.
5.1.4 Change in subscription
Users can change their subscription within the limits fixed in their account area.
A single account can combine several subscriptions to different offers. Subscribing to a new subscription plan that includes elements of a previously subscribed plan does not automatically terminate the plan. Users must make sure to notify us if this were to be the case, otherwise there would be no possible reimbursement of any sums already paid.
5.2 Beta test offer
“Beta test” offer refers to versions in development phase or pre-commercial versions of the Services or software services made available by Otowui by WISAVICE.
When Otowui by WISAVICE makes available softwares, applications, functionalities or any other component in Beta version, the following provisions shall apply.
5.2.1 Access
Access modalities and the Beta versions’ characteristics are freely defined by Otowui by WISAVICE. Accesses to a Beta test offer are given “AS IS”.
We can modify or interrupt the accesses at any given time without notice. We can also decide not to put a Beta offer into circulation and inform Users by any means.
Otowui by WISAVICE can, at its discretion, give voluntary users the possibility to test elements in beta test version, in order to identify any possible malfunction while benefitting from the new Service.
5.2.2 Term/Payment
Otowui par WISAVICE can, depending on the maturity of the Beta test service made available, define a term and a subscription amount payable per User.
5.2.3 Users’ commitments
By accessing the Beta test offers, and given the warnings hereafter, Users act knowingly and Otowui by WISAVICE’s only obligation is to inform Users of the risks associated with the use of those Beta test offers.
To access these offers, Users undertake:
To use the offers only for testing and improvement purposes;
To accept and authorize that these offers could include known or unknown glitches without any financial claim;
That some of these usage data can be deleted, reset at any moment;
Not to share their access and not to let anyone else than them use the Service;
Not to disclose any information relating to the Beta versions. This information is confidential and constitutes, as such, trade secrets;
To communicate to Otowui by WISAVICE their feedback following their use and that these feedbacks become automatically Otowui by WISAVICE’s exclusive property;
Not to communicate any element of the offer, the feedbacks, or even the access to the offer, to the public except if previously authorized by Otowui by WISAVICE;
To bear alone the consequences and the risks, of any kind whatsoever, of the use of these offers.
6. Other Services
These Services are available after request for a quote.
In general terms, Users undertake to provide Otowui by WISAVICE, in a timely manner, any information, useful indication and any element requested (in particular text, image in the framework of emailing creation or information on products and services that Users wish to promote, functionality that they wish to reach, etc…).
Any behavior, action by Users leading to a delay or non-performance of the service, cannot be attributed to Otowui by WISAVICE and will give the latter the right to terminate the contract at the customer’s expense as provided for in Articles 19 and 20.
6.1 Accessory Services
Otowui by WISAVICE offers different accessory Services, including creation of custom templates, creation of forms, newsletters, additional scripts, consulting, training, etc., the details of which are available on Otowui by WISAVICE’s website or from the sales department.
Some services have a duration which is defined in the order and take effect from the validation of the latter by WISAVICE. Following the confirmation of the order by WISAVICE, a consultant contacts the User within 48 to 72 working hours, excluding public holidays.
“Deliverable(s)” hereinafter means the realization of elements by Otowui by WISAVICE on behalf of Users. It is mainly electronic in nature (HTML files, Javascript, Powerpoint, etc.). According to the service, WISAVICE will give Users the type of functionality to be developed and the number of hours required for its realization within the limits provided in the order. After acceptance by the User within the allotted time, any request for modification will be subject to additional billing.
6.2 Training
Training is done remotely. Remote training courses do not meet the criteria allowing a possible bearing of the costs by training organizations. They will be carried out only by telephone or videoconference and its organization is the responsibility of the customer. A remote control on Users’ computers may be essential to the training. Users agree beforehand to this remote access strictly necessary for the needs of training and will make sure to configure the security settings of their computer beforehand to allow access.
7. Support and assistance
Before any request, Users must read the documentation and the Frequently Asked Questions page (known as “FAQ”) available on the Website. If the User’s support request is described in this page, the User agrees to apply the procedures described and to verify that the difficulties do not depend on a non-conforming use of the Services or of his own equipment, infrastructure, network, or Internet connection.
In case of support needs that are not described on the site, assistance is available. From the account area, Users encountering possible technical difficulties can make a support request to be advised and accompanied.
Each request is logged as a “ticket”, a digital record, with a tracking number. In the course of handling requests, Users agree that support may log into their account and perform any operation necessary to attempt to resolve the difficulties encountered according to the information and system data available to Otuwui by WISAVICE.
The support team undertakes to inform Users of the progress of their request. By contacting the support, Users agree to provide any necessary information requested by the support to understand the difficulties encountered (screenshot(s), description of the problem, system and browser used, …) and to remain available if needed (phone call or video conference, etc…). In addition, Users agree to comply with all advice and recommendations communicated as part of the assistance for resolving difficulties.
Otowui by WISAVICE does not give any guarantee of intervention time and resolution of incidents within the framework of the assistance.
8. Updates
Otowui by WISAVICE itself performs the corrective and upgrade maintenance of its Software. Updates are automatically downloaded and installed on Otowui by WISAVICE’s server and therefore do not require any intervention from Users. Users waive any previous version. The Contract doesn’t give Users any right to require upgrades or corrections to the Software. In addition, Otowui by WISAVICE reserves the right to modify and adapt is Software at any given time.
The Parties acknowledge that a Software may contain errors and that not all errors are economically rectifiable or necessary to correct. Accordingly, Otowui by WISAVICE does not guarantee that the whole of failures or errors in the Software technologies will be corrected.
It is the User’s responsibility to take all steps to establish adequate troubleshooting plans and to take all appropriate measures to minimize the harmful consequences related in particular to a possible operational interruption or a possible loss of data generated by the Software due to its use.
9. Order
9.1 Online subscription order
To order online, Users undertake to:
Choose their subscription to Otowui by WISAVICE’s Software from the online store via the account area;
Acknowledge having read and accepted, without any reserve, the general terms and conditions and its appendix in effect, through a checkbox in the online ordering process;
Make the payment online
To prevent fraud risks, a delay may occur. Otowui by WISAVICE subscribed a contract with an secure electronic payment partner. As such, Otowui by WISAVICE does not have access to credit card numbers. Otowui by WISAVICE and its partner can perform a number of controls that may require investigating the origin and content of a transaction. Otowui by WISAVICE may be required to ask Users for additional information. The latter are obliged to provide answers as soon as possible.
9.2 Order “Other Services”
To order Services from the “Other Services” category (see article 6), Users undertake to:
to validate a quote issued by the sales department;
to issue a purchase order;
to acknowledge having read and accepted, without reservation, the general terms and conditions and its appendix in force, by means of their signature on the commercial proposal comprising a reference to the general conditions;
to make the payment by bank transfer.
9.3 Following an order
After online validation of the order by a User or receipt of written acceptance of the order, a confirmation and validation message is sent to the User’s e-mail address.
Otowui by WISAVICE also reserves the right to refuse an order from a User who has not paid in full or in part for a previous order or with whom a payment dispute is pending.
Otowui by WISAVICE’s Services, offer known as “Software” or “Other Services” personalized (see article 6), are reserved for professionals and consequently are governed by the rules of the right of withdrawal between French professionals.
10. Price – Payment
10.1 Price
The applicable price is the one in force on the day of the invoicing payable only in Euros. The price being indicated without VAT, the VAT in force should be added to it. Our Services are payable at the time of the order, unless otherwise specified in writing at the time of the order.
If you reside in France, VAT will be applied automatically. If you reside in the European Union and have an intra-community number, you will be asked to provide this information so that it is not applied to you. Finally, for all countries outside the European Union, VAT will not be applied to the total amount of the invoice.
Customers will use EURO exclusively to pay the invoices. The exchange rate between foreign currencies and EURO will be done beforehand and at their own expense exclusively.
10.2 Online Payment
10.2.1 Online Payment – Procedure
Online payment is made directly on the website by communicating the credit card number to our payment provider Stipe. In case of refusal of payment authorization by bank card or in case of non-payment, Otowui by WISAVICE reserves the right to suspend or cancel the order. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating their banking information, Users authorize Otowui by WISAVICE to debit their card or bank account for the amount relating to the Services at the time of the order and at each anniversary date (renewal).
10.2.2 Online Payment – Automatic Renewal
On each anniversary date of the monthly or annual subscription (renewal), the amount of the Services will be debited automatically from the last known bank card or bank account details, which Users expressly accept.
Users undertake to ensure that their bank details remain valid to enable payment to be made on time, particularly in the case of debits to a bank card. At any time, Users can modify the bank details from their account.
10.2.3 Online Payment – Payment Incident
In case of a payment incident, Users expressly recognize and accept that Otowui by WISAVICE makes a new debit the following day if the attempt is still unsuccessful and this until the fifth day. In the absence or error of payment by credit card or direct debit, Users agree to pay the amounts due, by any means, upon receipt of invoice.
10.2.4 Online Payment – Invoicing
Invoices are available and can be downloaded from the account area, which Users accept.
10.3 “Other Services” Payment
The payment of “Other Services” is to be made by bank transfer. Details will be provided upon acceptance of the order contract.
10.3.1 Deposit
For any amount of service quoted above 10.000€ a deposit of 50% will be required at the time of the order, and the deposit is 20% for services above 50.000€. The balance of the invoice will be paid 30 days from the delivery date.
10.4 Discount
No discount will be granted for early payment.
10.5 Penalties
In case of delay, default, total or partial, of the payment by Users, a fixed compensation for recovery costs of 40 € per invoice will be applied and will carry penalties of delay by right. In addition, from the date of the formal notice, a penalty of delay equal to 1,5 times the legal rate of interest increased by 5 points will apply. This penalty runs from the due date until the day of full payment of the sums due, any calendar month started being due in full.
11. Delivery
11.1 Otuwui Software
Accesses are delivered on the day of receipt of full payment of the price by Otowui by WISAVICE.
11.2 Accessory services “Other Services”
The delivery time announced at the time of the order begins on the date of transmission by the User of all the elements, information and essential documents for Otowui by WISAVICE to execute the service.
12. User Obligations
Without prejudice to the other stipulations herein, Users declare that they comply with the regulations applicable to their activity.
In general, Users guarantee that the information sent via the Otowui by WISAVICE’s Services does not contravene any legal or regulatory provision or any international agreement applicable to them and, in particular, provisions in force in France, or in the State in which Users carry out their activity.
Users also undertake:
to provide accurate information at the time of registration and during any order and throughout their commercial relationship with Otowui by WISAVICE;
to update, without delay, any error, omission, voluntary or involuntary, to Otowui by WISAVICE;
To disengage Otowui by WISAVICE’s responsibility for any billing error, delay or lack of delivery/access for errors of which they are the source;
to pay all sums invoiced for their orders;
to respect the laws and regulations in force and not to infringe third party rights or public order;
to comply with the legal and regulatory provisions relating to privacy, personal data and electronic communications;
not to use the Services to carry out e-mailing campaigns to third parties (limited to test mailings on messaging systems belonging to them);
not to use the Services to send and host content of a violent, obscene, illegal, pornographic, defamatory, offensive or discriminatory nature, nor content intended to promote certain sensitive activities, such as online gambling, offers to build up additional income, fortune-telling, weight loss, etc.
13. User Responsibility
In general, Otowui by WISAVICE does not make any commitment to third parties. Users are solely responsible for the relationships they may have with third parties (prospects, customers, partners, suppliers, employees, etc.). They guarantee Otowui by WISAVICE against any claim, demand, action of third parties that may implicate Otowui by WISAVICE.
Users undertake not to allow any confusion to appear between their own services and those of Otowui by WISAVICE. In other terms, they are forbidden from implying suggesting that Otowui by WISAVICE is involved in the content sent and in the marketing of their products and/or services.
It is specified that Users are solely responsible for the content they use or export via Otowui by WISAVICE’s Services.
Users guarantee against all complaints, claims, actions and/or demands that Otowui by WISAVICE may suffer as a result of the violation, by Users, of their obligations, in particular:
In case of fraudulent use of the Services;
in case of non-compliance with the laws and regulations in force;
in case of violation of the third party rights.
In this respect, it undertakes to intervene and to compensate Otowui by WISAVICE for any prejudice it may suffer and to pay it all costs, charges, including reasonable fees for Otowui by WISAVICE’s counsel and/or convictions, damages and interest, including by means of a transactional agreement, that it may have to bear as a result.
Therefore, without prejudice to the other stipulations herein, Users are solely responsible for:
– the conservation and the use of their login and password of their account. Otowui by WISAVICE shall not be liable for the consequences of any disclosure, even accidental, of their password and/or login to a third party;
– the content used in the Services, in particular the information and content sent, used, generated, used and updated.
– the choices they make in terms of textual and iconographic content and the elements they communicate in the context of the Deliverables produced by Otowui by WISAVICE (in particular, graphic creation of e-mail templates and Web pages, updating of templates, etc.).
– of the electronic addresses used during tests and of their obligations with regard to the regulations and legislation in force;
– their means of access to the Services, equipment and telecommunications, including their Internet connection.
14.Transfer and sale of account
Any transfer or assignment of an account by Users is prohibited without express and prior authorization by Otowui by WISAVICE.
15.Moderation
Without any obligation to do so, as a security measure and to verify the compliance of the use of the Services and the Contract, Otowui by WISAVICE r eserves the right to automatically receive a copy of the test e-mail message sent by the User. Otowui by WISAVICE reserves the right to use these copies to suspend the use of its Services under the conditions provided by law.
It is understood, however, that this faculty would not have the effect of removing or minimizing the responsibility of Users within the framework of the use of the Services for which they are solely responsible.
Users expressly accept these conditions of moderation.
16.Rights
16.1 Conservation of intellectual and industrial property rights of Users
Users allows Otowui by WISAVICE to use its name, brand and visual identity in order to perform the Services.
Users retain ownership and full intellectual and industrial property rights to any content that they provide when using the Services. This includes, in particular, the content of their models, the name and logo of their company, all of their names, logos, names of services, products, designs, slogans and copyrights, patents, trademarks and more generally any other intellectual property right belonging to it.
16.2 Conservation of rights by Otowui by WISAVICE’s and Users’ rights of use
In general, all programs or computer codes, services, processes, designs, software, technologies, trademarks and trade names, content (images, sounds, texts, documentation, or other information, modules available in the Software), inventions appearing on the Website, accessible via the Website or via the Services of Otowui are the property of WISAVICE or its licensors. Otowui by WISAVICE and its licensors retain ownership and full rights to the technologies and content within the framework of the Services.
Users agree:
not to use the content or image bank obtained through the use of the Otowui by WISAVICE software;
not to disseminate, assign, rent, lease, sublicense, give away or distribute all or part of the Otowui Software;
not to share or reproduce elements issued by Otowui by WISAVICE’s Service to a third party, in any way whatsoever;
no to rival with Otowui by WISAVICE, by using its software to resell templates of E-mails or Web pages to third parties;
not to rival with Otowui by WISAVICE, creating derivative works based on any content obtained through the Services;
it is expressly forbidden to translate, adapt, assemble, disassemble, compile, decompile, arrange or modify the Software or, export it or merge it with other software;
not to use any equipment, device, software or other means to circumvent or remove any restrictions on use or to activate any features.
For the duration of the subscription, Otowui by WISAVICE grants Users a non-exclusive and non-transferable right to use the Software, its content, in particular images, and the technologies made available as part of the Services.
Any use of the Software and Services contrary to their intended purpose (for which they were designed) is strictly prohibited.
17. Otowui by WISAVICE’s duties, liability and liability limitations
Users expressly understand and agree that the Services are provided as is and as available on the platform, with all faults and imperfections.
Otowui by WISAVICE makes no warranties regarding the Service and expressly disclaims any implied warranties, including any warranties of fitness for a particular purpose and non-infringement of third party rights. Otowui by WISAVICE makes no representation whatsoever that the Services will meet Users’ specific requirements, achieve intended results, be compatible or work with any other software, application, system, device or service, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Otowui by WISAVICE does not warrant that the services will be uninterrupted, timely, secure, error-free or virus-free. Otowui by WISAVICE strives, as far as possible, to ensure the permanence and continuity of its Services. Nevertheless, for maintenance reasons or for any other reason, it is possible that the Software, including functionalities, and the Services individually or not, may be temporarily interrupted without Otowui by WISAVICE being held liable. Whenever possible, Users will be informed of interruptions by any means. Users acknowledge and agree that Otowui by WISAVICE cannot ensure the data confidentiality during their transfer on the said public networks and in particular the Internet network.
Otowui by WISAVICE cannot in any way be held liable:
For damage resulting from the non-respect by Users of their obligations under the Contract;
Because of the total weight of models created by Users, their routing can undergo slowdowns specific to good management of the treatment of campaigns by external infrastructures;
For immaterial, indirect, accessory, special or moral damage and, in particular, damage resulting from a loss of profits, a loss of chance, a loss of exploitation, a loss of earnings, a loss of data or a deprivation of use, undergone by Users or third parties;
for damage resulting from the use of all or part of the Services by Users while Otowui by WISAVICE, following a difficulty, or for any reason whatsoever, had recommended to suspend the use thereof;
for damage related to fraudulent intrusion or maintenance of a third party in the system, or to the illicit extraction of data, Otowui by WISAVICE only bearing an obligation of means with regard to the known techniques of security;
in case of detour, capture, corruption of data, or any other event, likely to affect those, occurring during their transfer on the public telecommunication networks.
For damage related to a loss or deterioration of data, insofar as Users remain responsible for the proper execution of their backups and export to their own systems;
In any case, except in case of physical injury, fraud or gross negligence, Otowui by WISAVICE’s financial responsibility will be limited to the amount of the sums actually paid by the User to Otowui by WISAVICE during the 12 months preceding the event giving rise to the damage, all causes of damage combined.
18. Force Majeure
The Parties’ liability cannot be held if the non-execution or the delay in the execution of one of their obligations described in the present General Terms and Conditions results from a case of force majeure, if such case fulfills the legal and jurisprudential conditions required to qualify as force majeure under French law.
Force majeure means any external, irresistible and unforeseeable event and its interpretation by the case law of the French courts, and preventing one of the parties from performing its obligations or making the performance thereof excessively onerous.
The case of force majeure suspends the each of the Parties’ obligations for the duration of its existence. However, if the case of force majeure lasts for more than thirty (30) consecutive days, it shall give rise to the automatic termination of the Contract by Otowui by WISAVICE or by Users, eight (8) days after having sent a registered letter with acknowledgement of receipt notifying this decision.
19. Interruption
Otowui by WISAVICE reserves the right to suspend as of right, without prior notice or formal notice, all access to the Services and/or the User’s account without the User being able to claim any compensation in the following cases:
in case of non-eligibility as stipulated in article 2 “Eligibility”
in case of transmission of erroneous information by the User;
in case of non-compliance with laws and regulations;
in case of User behavior and/or actions that may jeopardize the security and/or normal operation of the Services;
in case of complaints by recipients;
in case of proven suspicion of non-compliance with Users’ obligations and responsibilities (article 12 and 13)
in case of proven suspicion of non-compliance with the rights described in Article 16 and attempted fraud or piracy;
in case of late payment of more than 4 calendar days.
During the interruption period, the User is not exempted from all sums due, which become immediately payable due to the interruption. As soon as the interruption case is resolved, the Services will be accessible again within a reasonable time. Interruption does not waive Otowui by WISAVICE’s right to terminate.
20. Termination
In general, and except where the general terms and conditions provide otherwise, in the event of non-compliance by a Party with its obligations that is not remedied within a period of 8 days starting from, either the sending of an e-mail to the defaulting Party notifying the defaults in question, or the sending of a registered letter with acknowledgement of receipt, any account or any Service may be terminated as of right by the aggrieved Party, without prejudice to any possible damages and remaining sums owed that may be claimed from the defaulting Party.
20.1 Termination by Users
Users may terminate all or part of their subscriptions in the forms and conditions provided for in the Contract. It is also possible to request the deletion of their account, but this implies a termination of all their subscriptions.
20.2 Termination by Otowui by WISAVICE
Otowui by WISAVICE may however terminate any account and Service, without prior notice, following the interruption of an account as defined in Article 19 “Interruption”.
Within the framework of ancillary services only (in particular fee-for-service), in the event of repeated cancellation or non-return by a User following two reminders after an order, Otowui by WISAVICE shall be entitled to terminate the concerned Service without notice. If an amount has been paid by the User, no refund will be made. The fact that Otowui by WISAVICE has not suspended any access, subscription or account or even proceeded to any termination does not relieve the User of its responsibility, which it may in no case lay on Otowui by WISAVICE.
Any subscription or more generally any Service not used / not consumed at the end or termination will be permanently lost. No refund will be made. Termination at the expense of the User will result in the immediate payability of the amounts due.
20.3 Mediation
Available soon
21. Insurances
Each of the Parties declares that it is insured, in particular for professional civil liability, with a company known to be solvent and that it keeps all insurance policies up to date, to cover, without prejudice to the provisions of Articles 17 and 18, any damage caused to the other Party as a result of the performance or non-performance of this Agreement. Each Party undertakes to provide the other Party at any time, upon first request, with proof of insurance coverage.
22. Personal data
In the course of its business and for the purpose of providing the Services, Otowui by WISAVICE collects and processes Users’ personal data.
Otowui by WISAVICE attaches particular importance to respecting the privacy of Users and the confidentiality of their personal data, and undertakes to comply with the provisions of Regulation No. 2016/679 of 27 April 2016 (the “GDPR”) as well as those of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms.
Each of the Parties undertakes to maintain the confidentiality of all or part of the Confidential Information received. However, each Party is authorized to disclose any Confidential Information in the following cases:
for the purposes of performing the Agreement, in particular to their staff, subcontractors, and other parties, within the framework of their respective authorizations;
in application of a legal or regulatory provision;
to respond to requests for communications from judicial and/or administrative authorities;
to protect their rights and/or their properties or those of their partners, or any other third party;
in the case of a prior written agreement or request from the other Party.
The Parties undertake to protect the Confidential Information by appropriate measures and to treat it with a degree of care at least equivalent to that applied to their own confidential information.
23. Modifications
These General Terms and Conditions are effective for an indefinite period of time and the date of the last update appears at the beginning of the document.
Otowui by WISAVICE reserves the right, as of right and at any given time, to modify its offers, Services, prices and/or the terms of the present general terms and conditions and appendix, in particular in accordance with the evolution of techniques and/or legislation.
All modifications made will be presented on the Website and brought to Users’ attention by this means. It is the User’s responsibility to check the Website regularly.
In any case, Users who continue to use the Services impliedly accept the modifications.
23.1 Price changes
Any modification applies to any new order. When the price changes are upward and are applicable to Services in use, Users will be informed at least one month before the new rates come into effect, by any means. As of the transmission of this information, Users will have a maximum of one month to terminate the concerned Service without charge, through a registered letter with acknowledgement of receipt. After this period, Users will be deemed to have accepted the changes. However, Otowui by WISAVICE reserves the right pass on, without prior notice, any new regulatory, administrative or fiscal tax or any increase in these taxes or prices determined by the operators, without Users being able to terminate, as long as Otowui by WISAVICE does not have control over those.
23.2 Service changes
When these changes may degrade a Service in use, Users have, as from the entry into force of the changes, 30 calendar days to terminate without charge the concerned Service by sending notification through a registered letter with acknowledgement of receipt to Otowui by WISAVICE. Beyond that, Users will be deemed to have accepted the changes.
23.3 Changes to the general terms and conditions and appendix
Any modification comes into effect as of its publication on Otowui by WISAVICE’s website and shall be notified, whenever possible, to Users by any other means. When the changes are unfavorable to Users, the latter shall have 30 calendar days from the date of entry into force of the changes to terminate the Contract without charge by sending notification through a registered letter with acknowledgement of receipt to Otowui by WISAVICE. Beyond that, Users will be deemed to have accepted the changes. However, when these modifications are required by legislation, regulations and/or the administration, Users cannot claim termination.
The modified general terms and conditions apply to all Services previously subscribed by Users and still in progress, in order to ensure a homogeneous contractual set for all Services.
24. Generalities
24.1 Titles
Titles are for convenience only. In case of contradiction between the title and the body of an article, it is understood that the body of the article prevails.
24.2 Partial nullity of the GTC
The nullity of any of the provisions of the General Terms and Conditions shall not result in the nullity of the General Terms and Conditions as a whole, such provision shall be severed, and the remaining parts of the Agreement shall remain in full force and effect.
24.3 Tolerances
It is expressly agreed that any tolerance or waiver by one of the Parties to assert any right whatsoever shall not constitute a modification of the Contract, nor generate a waiver of any right whatsoever for the future.
24.4 Evidence
The computerized records kept in Otowui by WISAVICE’s computer systems (in particular logs, order forms, online validation) or its partners’, in reasonable conditions of security, will be considered as proof of communications, orders and payments made between the Parties.
24.5 Subcontracting
Within the framework of its activities, Otowui by WISAVICE may use subcontractors. In such a case, Otowui by WISAVICE remains the sole interlocutor of, and solely responsible to, Users under the conditions and subject to the reservations provided for in the Contract.
24.6 Advertising
Otowui by WISAVICE is authorized to mention Users’ corporate name and the corresponding logos as a commercial reference, as well as the services performed on behalf of Users for purposes of illustration or presentation of Otowui by WISAVICE’s achievements on any communication medium. These mentions are granted free of charge and shall not be subject to any compensation or remuneration in any way whatsoever. Users may terminate this authorization at any time by simple written notification, contact us.
24.7 Mail Reporting
Otowui by WISAVICE enables the sending of e-mails for the purpose of testing e-mail templates. If you feel that you have received an unwanted message from our Services, we invite you to contact us. Please forward a copy of the message in question and the reason for your complaint.
24.8 Applicable Law and Jurisdiction
The Contract and any document arising therefrom are subject to French law. In the absence of an amicable agreement, all disputes relating to the validity, interpretation or performance of the Contract that may arise shall be submitted to the exclusive jurisdiction of the courts of Meaux, even in the event of an incidental claim, recourse in warranty or multiple defendants.
24.9 Translation
Only the French language version of these General Terms and Conditions is contractually binding between Otowui by WISAVICE and Users.
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