Terms of Use
Version dated 11th of May 2025
PREAMBLE
NEW OXATIS, registered with the Montpellier Trade and Companies Register under number 831 239 744, with its head office located at 1025, rue Henri Becquerel, Parc Club du Millénaire, Building 24, in Montpellier – 34000, is one of the leading companies in the European market for the publication of e-commerce website creation software. NEW OXATIS supports professionals in the digital transformation of their activities by offering them a SaaS (software as a service) based IT solution for the publication and management of e-commerce websites.
The entire range of Services offered by NEW OXATIS is presented on its website https://www.oxatis.com (hereinafter the “OXATIS Website”) and revolves around the provision of this solution and various complementary services.
These Terms and Conditions of Use apply to the services provided by NEW OXATIS within the framework of its Services. These Terms and Conditions of Use take precedence over any other general terms and conditions of purchase of a Subscriber, except for public policy provisions.
By express agreement, the signing of the Subscription Contract implies acceptance of electronic communications (emails, etc.) exchanged between NEW OXATIS and the Subscriber as a valid form of proof. The printing of these electronic communications is considered written evidence between the Parties.
Article 1. Definitions
Subscriber: refers to any natural or legal person, public or private, who acts for purposes related to their commercial, industrial, craft, liberal, or agricultural activity, including when acting on behalf of or for another professional, and who registers on the OXATIS Website after accepting the Terms and Conditions of Use and the privacy policy and creates their own Identifiant.NEW OXATIS.com type website.
Primary Email Address: refers to the email address to which the Subscriber wishes to communicate with NEW OXATIS.
Anomaly: any malfunction preventing the Subscriber from using all the functionalities of the software solution provided by the Service Provider.
Internet Expertise Center: refers to partners of NEW OXATIS who perform certain Services.
NEW OXATIS Email Account: refers to an email account provided to a Subscriber by NEW OXATIS under the terms of Article 9.
Account: refers to the interface through which the Subscriber can connect to their Website and their programming interface.
Specific Terms and Conditions: refers to the quotes, terms, and conditions supplementing the Terms and Conditions of Use specific to a Subscriber or a complementary service.
Content: refers to any information, data, statements, and elements, which may be protected by intellectual property rights, made available by the Subscriber on their Website in accordance with the Terms and Conditions of Use and the Specific Terms and Conditions.
Subscription Contract : refers to the set consisting of these Terms and Conditions of Use and the Specific Terms and Conditions defined, if applicable, for each complementary service.
Registration Date : refers to the date of obtaining an identifier and a password.
Identifiers: refers to the elements (Website designation – Password) allowing the Subscriber to connect to their Account.
Deliverables: refers to any intellectual creation specifically made by NEW OXATIS within the framework of the execution of these terms, such as software, graphic charts, visuals, mockups, illustrations, drawings, and the results of work performed within the framework of the Services, regardless of their nature. The above elements may be software, graphic, editorial, sound, audiovisual, visual, etc. Ownership of the Deliverables is transferred to the Subscriber under the conditions set forth in Article 11 of these terms.
Intermediary: refers to the third party mandated by the Subscriber to create an Account and benefit from a Website. This Intermediary may be:
– An IT reseller
– A web agency
– A communication agency
– A banking institution
– A partner organization of NEW OXATIS
Suspension: refers to a Website that is kept in its current state, closed to the public for a specified period under these Terms and Conditions of Use.
Password: refers to a confidential code that can be modified by the Subscriber, attached to the Identifier.
Main Offer: refers to the main service offered by NEW OXATIS via its OXATIS Website, including the use of the NEW OXATIS Solution, the creation of the Website, the hosting of the Website, and the provision of online support. Partner: refers to a third-party company whose services are offered by NEW OXATIS.
Parties: refers to the parties to the Subscription Contract, namely NEW OXATIS and the Subscriber.
Complementary Services: refers to all the services offered outside the Main Offer.
Services: collectively refers to the Main Offer and the Complementary Services.
Pricing Plan: refers to the subscription formula including the Main Offer without which a Website cannot be activated.
OXATIS Website: refers to the Subscriber’s Website whose address is a subdomain of the NEW OXATIS.com domain, such as Identifiant.NEW OXATIS.com.
NEW OXATIS Solution: refers to all the software and IT developments presented on the OXATIS Website that belong to NEW OXATIS and allow the Subscriber to create and manage their Website. The Subscriber is granted a license to use this NEW OXATIS Solution under Article 11 of these terms.
User: refers to an internet user who connects, browses, and uses a Website hosted on the NEW OXATIS platform, under their sole responsibility.
Article 2. Acceptance of the Terms and Conditions of Use – Modifications
To benefit from the OXATIS Website and the Services, the Subscriber must, after having read them, unreservedly accept the Terms and Conditions of Use and consent to the privacy policy and the data protection policy available on the website www.oxatis.com.
The Subscriber warrants having the capacity to contract and the necessary authorizations and delegations to do so and to commit the legal entity they represent.
Access to the Services is subject to compliance with these terms.
NEW OXATIS reserves the right to modify these Terms and Conditions of Use at any time. NEW OXATIS notifies Subscribers of the changes by announcement on the OXATIS Website one (1) month before the changes take effect.
In the event of substantial modifications accepted by the Subscriber, they will automatically come into force on the announced date, without any further formality.
In the event of the Subscriber’s refusal of the substantial modifications, the Subscriber must notify their refusal by registered letter with acknowledgment of receipt within eight (8) days of the effective date of the new Terms and Conditions of Use.
In this case, the Subscriber undertakes to pay NEW OXATIS the amounts corresponding to the Services used until the effective date of termination, if applicable, calculated pro rata to the initial commitment and the elapsed period.
Article 3. Registration – Subscription
To access the NEW OXATIS Solution and the Services, the Subscriber will have chosen a Pricing Plan, assisted in the choice by NEW OXATIS advisors, and unreservedly accepts the Terms and Conditions of Use.
Article 3.1 Subscriber Registration
After registration, the Subscriber will have Identifiers allowing them to access their Account. The Subscriber undertakes to keep these Identifiers secret and not to communicate them. The Subscriber is responsible for all actions performed on their Website using their Identifiers.
These Identifiers allow the Subscriber to access and edit their Website and cannot be lent, assigned, or transferred to third parties, whether free of charge or for payment.
NEW OXATIS guarantees the reliability and confidentiality of the Subscriber’s Identifiers and passwords and has taken appropriate measures to prevent the disclosure of the Identifiers assigned to the Subscriber in accordance with the privacy policy.
The Subscriber guarantees to provide accurate, complete, and up-to-date information. If the information provided by the Subscriber is false, incomplete, or outdated, NEW OXATIS reserves the right, without compensation and notice, to suspend or terminate the Subscriber’s Account, delete all or part of the Subscriber’s Website, the data, and files contained therein, delete access to these Websites, pages, files, and data, or prohibit the Subscriber from all or part of the NEW OXATIS Services, without prejudice to any legal actions that may be available.
NEW OXATIS reserves the right to refuse, without compensation, access to its Services to persons who, during registration, provide information that NEW OXATIS deems incompatible with the proper organization and management of its Services.
Article 3.2 Subscriber Registration by an Intermediary
To access the NEW OXATIS Solution and the Services, a Subscriber may have an Account created by an Intermediary. In this case, the Intermediary validates these Terms and Conditions of Use on behalf of and for the account of the Subscriber who has mandated them for this purpose.
Article 4. Purpose of the NEW OXATIS Solution and the Main Offer
Article 4.1 The NEW OXATIS Solution
Subject to contrary provisions, the OXATIS Website is accessible anywhere, provided that the minimum technical conditions, particularly in terms of Internet access, are met.
At any time, NEW OXATIS has the right to modify or move the content of the OXATIS Website.
Article 4.2 Main Offer Article
4.2.1 Use of the NEW OXATIS Solution
Once the Subscriber is registered, either directly or through an Intermediary, they benefit from the NEW OXATIS Solution, its updates, and the various Services.
However, it is specified that the Subscriber benefits from the NEW OXATIS Solution only under a simple license agreement granted by NEW OXATIS, under the conditions set forth in Article 11 of these terms.
Article 4.2.2 Website Creation
The Main Offer allows the Subscriber to create their Website as part of purely technical services. Thus, the Subscriber will be the sole and exclusive manager of the commercial, logistical, marketing, and financial management of their Website.
In this regard, NEW OXATIS cannot be held responsible for the commercial effectiveness of the Website, as the Subscriber is solely responsible for its management. Therefore, NEW OXATIS cannot be held responsible for the number of visits to the Website, its commercial profitability, or its suitability for the Subscriber’s needs.
Article 4.2.3 Support
As part of the Main Offer, NEW OXATIS offers the Subscriber access to user support, available from Monday to Friday from 9:00 am to 12:30 pm and from 2:00 pm to 6:00 pm, and on Saturday from 9:00 am to 12:30 pm and from 2:00 pm to 5:00 pm at the following address: support@oxatis.com.
Article 4.2.4 Hosting
NEW OXATIS offers, as part of its Main Offer, to host the Subscriber’s Website on its own servers. In this regard, NEW OXATIS will retain the status of host of the Website and cannot be considered the publisher of this Website.
Article 4.2.5 Domain Name
The Subscriber must provide NEW OXATIS with a dedicated domain name for the hosting and operation of their Website and must not use a subdomain of NEW OXATIS. NEW OXATIS reserves the right to discontinue the use of NEW OXATIS subdomains 15 days after informing the Subscriber by simple email.
Article 5. Complementary Services
Article 5.1 Presentation
The various Complementary Services offered by NEW OXATIS include, but are not limited to:
– Access to online applications;
– Provision of solutions for mailing products ordered via their Website;
– Provision of online payment solutions;
– Access to training and other coaching services;
– Provision of various IT services;
– Access to solutions for creating and sending communication campaigns;
– Access to any other Service offered by NEW OXATIS or a Partner.
A detailed description of each of these Complementary Services is provided by NEW OXATIS on the OXATIS Website in the corresponding sections.
For the execution of these Complementary Services, NEW OXATIS may, at any time, use a Partner or any other third party. Article 5.2 Booking Terms
Article 5.2.1 Training and Coaching Services
Access to Complementary Services such as training or online coaching requires the Subscriber to choose, upon receipt of the schedule sent via a link to their Primary Email Address, a training date based on availability.
Subject to making their request at least fifteen (15) days before the scheduled date, the Subscriber may change this date once.
Any request for cancellation or modification made less than fifteen (15) days before the scheduled date for the service will be at the Subscriber’s expense and will not entitle them to any refund.
In the case of training for which the Subscriber claims OPCO funding, it is the Subscriber’s responsibility to ensure the administrative and financial conditions required for the application and obtaining of the funding and to verify the elements. NEW OXATIS cannot be held responsible for the loss of funding for any reason.
Payment for the services must be made before they begin. The Subscriber is prohibited from validating a payment substitution without the express authorization of NEW OXATIS.
Article 5.2.2 Other Types of Services
Without a Fixed Execution Date For Complementary Services requiring information exchange with the Subscriber, such as the creation of a graphic charter, the production of a customized homepage, or the implementation of SEO, the failure or excessive delay (more than 90 days from the order) in providing the information necessary for the execution of the service will result, after a single reminder, in the cancellation of this order at the Subscriber’s expense without any credit note or refund.
Services requiring the use of a telephone access are available from metropolitan France via a fixed, non-surcharged phone number.
Article 6. Subscription Duration
Article 6.1 Duration of Services
The Subscriber has access to the NEW OXATIS Solution and the Services through a subscription corresponding to the terms of the accepted quote.
No refund will be due by NEW OXATIS. The Subscriber undertakes to pay all sums and fees remaining due under this contract.
The commitment is renewable by tacit renewal for a period identical to the one initially contracted.
If the Subscriber subscribes to a service involving a minimum subscription period during the execution, this new minimum period replaces the one in progress unless it is shorter than the one in progress.
In the event of termination, the Subscriber undertakes to pay all sums and fees remaining due under this contract.
Article 6.2 Advance Purchases of Credits
If the Subscriber purchases several months of subscription in advance corresponding to different Services, these are non-refundable, and the Subscription Contract is then concluded for the period covering all the prepaid Services.
No amount will be due by NEW OXATIS in the event of early termination of its Subscription Contract by the Subscriber. In particular, no purchase of prepaid services or deposit paid can give rise to a refund.
Article 6.3 Website Suspension
If the Subscriber decides, at the end of the commitment period, to oppose the tacit renewal of their commitment and not to subscribe to a Pricing Plan, their Website will be suspended for a period of twelve (12) months under the conditions of Article 15.2 below to allow them to reconsider their decision.
During the suspension, the Website will not be accessible to the Subscriber, their clients, or search engines.
Article 7. Financial Conditions
Article 7.1 Prices
The prices of the Services offered by NEW OXATIS are exclusive of taxes.
NEW OXATIS reserves the right to unilaterally modify the subscription price and undertakes to inform the Client by any means one (1) month before the changes take effect.
In the event of the Subscriber’s refusal of the price modifications, the Subscriber must notify their refusal within eight (8) days of the effective date of the new pricing.
Article 7.2 Pricing Terms
Access to the Services is provided:
– By paying a subscription for the Main Offer,
– By paying a specified amount for the Complementary Services selected by the Subscriber.
Article 7.2.1 Subscription
Prices are expressed in Euros excluding tax and without discount. Taxes are borne by the Subscriber at the rate in force on the date of invoicing.
The price of the subscription to the Main Offer is set in the quote accepted by the Subscriber.
If the Subscriber exceeds the limits of the subscribed plan, the Subscriber must pay the corresponding excess amounts.
Article 7.2.2 Complementary Services
The cost of Complementary Services depends on the Subscriber’s options and choices, validated directly from their Account or subscribed to with the sales department.
The payment terms for Complementary Services are determined by Article 7.3 of these terms.
Article 7.3 Invoicing
The signing of the Subscription Contract and/or the subscription to Complementary Services entails the exigibility of the amounts due for the subscribed Services and, if applicable, the additional consumption used by the Subscriber in the event of excess.
Payment is made by direct debit from the Website through the payment method authorized by the Subscriber (SEPA direct debit, credit card).
In the event of payment by bank transfer, NEW OXATIS reserves the right, in the event of non-payment at maturity, to proceed with the debit of the amounts due, which the Subscriber accepts unreservedly.
Invoicing is monthly, and the effective date follows the anniversary date of the subscription activation.
The subscription is payable in advance for all services and subscriptions, except for additional consumption used, which is payable at the end of the month. Invoices are sent by email on the date of issue to the Primary Email Address and can be retrieved in PDF format without usage limit from the Website. Any request for duplicates will be considered a complementary service and will be invoiced at €7.50 per act.
If an invoice is not settled within the granted deadlines, whether for the subscribed Subscription under the Main Offer or for Complementary Services ordered by the Subscriber via their Account, NEW OXATIS reserves the right to suspend the Subscriber’s access to their Website by putting it on hold until full payment of the amounts due by the Subscriber.
Article 7.4 Late Payment
In the event of late payment, NEW OXATIS will automatically invoice the Client late payment penalties payable the following day, calculated based on the legal interest rate increased by 5%, without prejudice to the lump sum indemnity for collection costs of €40.
Default in payment automatically entitles the Service Provider to suspend the execution of the ongoing service, to refrain from any new commitment, or to terminate the Contract.
NEW OXATIS may also decide to apply, as a penalty clause, in accordance with the provisions of Article 1231-5 of the Civil Code, an increase of an amount equal to 20% of the outstanding principal amount including tax, increased by the cost of legal and collection fees incurred, without prejudice to the pursuit, suspension, or termination of the ongoing Contract.
Article 7.5 Payment Incidents
In the event of a bank rejection of the payment method used by a Subscriber, rejection fees of fifteen (15) euros will be automatically invoiced to the Subscriber. Furthermore, the payment method that gave rise to the rejection will no longer be authorized by NEW OXATIS for future payments, and the Subscriber must choose another payment method.
When payment terms are granted, such as payment in installments, the default of a single payment term makes the entire debt immediately due. It results, without the payment of any compensation of any kind, in the immediate suspension of the ongoing services.
If the payment incident is the result of an abusive opposition made by the Subscriber on the credit card or the SEPA mandate they provided on the OXATIS Website to allow payment for the services to which they subscribed, NEW OXATIS reserves the right to take legal action to claim, in addition to the principal, compensation for the repair of the damages suffered.
Article 7.6 Consequences of Payment Incidents
When NEW OXATIS finds that it cannot recover the amounts corresponding to any of the ordered Services, the Subscriber’s Website may be suspended until the dispute is resolved.
Article 7.7 Deposits, Advance Payments
In the event of a payment incident and/or deterioration of the Subscriber’s solvency and/or uncertainty regarding their ability to meet their commitments, NEW OXATIS reserves the right to request stricter payment terms – such as a deposit or advance payment for all or part of the Services and/or to require additional guarantees from the Subscriber.
In the event of the Subscriber’s refusal to implement these provisions, NEW OXATIS will have, without payment of any compensation of any kind to the Subscriber, the right to immediately suspend the execution of the ongoing and/or future services.
Article 8. Subscriber’s Obligations
In general, the Subscriber undertakes to use the NEW OXATIS Solution and the Services in accordance with all the stipulations of the Subscription Contract.
The Subscriber undertakes not to infringe, in any way, the security and integrity of the NEW OXATIS Solution and the OXATIS Website, nor to attempt to reproduce or extract, by any means, all or part of it.
The Subscriber also undertakes to comply with all applicable legal provisions.
Article 8.1 Content Provision by the Subscriber
The Subscriber is responsible for the Content they make available to the public on their Website through the Services.
The Subscriber remains the sole publisher of the Content they edit. NEW OXATIS cannot be considered the publisher of the Websites created by its Subscribers using its Services.
When disseminating Content, the Subscriber undertakes to comply with all applicable legal and regulatory provisions.
Any breach of these obligations constitutes grounds for suspension, termination of the Subscription Contract, or removal of the Content by NEW OXATIS under the conditions of these terms.
Article 8.2 Email Accounts Used by the Subscriber
Article 8.2.1 Provision of the Primary Email Address
Upon registration, the Subscriber communicates to NEW OXATIS the email address they wish to use within the framework of their Subscription.
This email address constitutes the Subscriber’s Primary Email Address. NEW OXATIS communicates with the Subscriber on this address.
If the Subscriber wishes to change their Primary Email Address, they must inform NEW OXATIS without delay and make the necessary changes themselves on their personal information pages.
The Subscriber undertakes to regularly consult the messages sent by NEW OXATIS to this address. Any communication made by NEW OXATIS to the Subscriber at the Primary Email Address is deemed to have been received and read by the Subscriber.
NEW OXATIS uses this mailbox to send two types of mail:
– Mail containing technical information. Given the essential nature of these mailings for the proper functioning of the relationship between NEW OXATIS and the Subscriber, it is impossible to unsubscribe from them; and
– Commercial information mail (software updates, new services, etc.). For this type of mail, the Subscriber is free to unsubscribe at any time using the link provided for this purpose in all sent mail.
Article 8.2.2 NEW OXATIS Email Account
At the Subscriber’s request, NEW OXATIS may assign one or more mailboxes to the Subscriber depending on the subscribed services (defined as “NEW OXATIS Email Accounts”).
This mailbox service allows the Subscriber to enter, consult, and transmit computerized documents or electronic messages exclusively.
The Subscriber undertakes, in the use of this (these) NEW OXATIS Email Account(s), to comply with all laws, regulations, or rules that could prevent, limit, or regulate the dissemination of information or data, and without this being exhaustive, to comply with the French Data Protection Act of January 6, 1978, as amended, the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), codes of conduct, and Netiquette, rules of the art such as those established by the CNIL (French Data Protection Authority / www.cnil.fr), the SNCD (National Union of Direct Communication / www.sncd.org), the FEVAD (Federation of E-commerce and Distance Selling / www.fevad.com), and Internet Service Providers, privacy protection, respect for property rights. It is specified that this obligation extends to compliance with the standards in force in each country targeted by the Subscriber’s email campaign.
In this regard, the Subscriber:
– Guarantees NEW OXATIS that the recipients of the email files used for sending have given their consent to receive the messages (opt-in email file) or, at the very least, that the Subscriber is acting within the framework of an exception provided for by the applicable legislation, notably the French Data Protection Act of January 6, 1978, as amended, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR). It is specified that these obligations apply to any Subscriber acting with regard to a user located within the European Union.
– Guarantees NEW OXATIS that each email message sent will include an opt-out option for future communications and that any request will be processed by permanent unsubscription.
– Guarantees NEW OXATIS that all the rights of individuals provided for by the French Data Protection Act of January 6, 1978, as amended, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), will be ensured by the Subscriber.
– Undertakes not to use their NEW OXATIS Email Account for the purpose of unsolicited or misleading advertising, such as spam, or for purposes contrary to the rules of the art and Internet Service Providers, without this list being exhaustive.
– Undertakes not to use their NEW OXATIS Email Account for illicit purposes. The Subscriber is duly informed that they are notably prohibited from transmitting and/or storing and/or disseminating data of a pornographic, pedophilic, hateful, and/or racist nature or inciting hatred or discrimination.
Any abuse in the use of the NEW OXATIS Email Accounts will be considered a violation of the Terms and Conditions of Use that may result in the termination of the Subscription Contract.
Article 8.3 Use of the Services
The Subscriber must ensure that their collaborators and employees use the NEW OXATIS Services in accordance with the instructions provided by NEW OXATIS in these terms.
NEW OXATIS cannot compensate for a lack of training of the Subscriber or their collaborators if it appears that the Subscriber does not have the required skills to use the Services.
The Subscriber must promptly and specifically notify any potential problems encountered in the functioning of the Services. They remain responsible for the manipulations performed on their workstation, even under the guidance of a NEW OXATIS technician.
Article 8.4 Non-Abuse of Server Resources
The NEW OXATIS Services are conditioned on non-abusive use of the provided resources.
The following are considered abusive:
– Website visits by more than 1,000 clients per minute;
– Access to online or telephone support in proportions exceeding five times the average usage of NEW OXATIS users over the previous monthly period;
– Use of the Site for purposes other than those intended, particularly the pooling of services and their retail resale;
– Use that disrupts or degrades the NEW OXATIS infrastructure;
– Commission based on truncated sales management;
– Web Service calls limited to 5,000,000/month;
– Disk space limited to 50 GB;
– Number of products limited to 500,000.
Article 9. NEW OXATIS Commitments
Article 9.1 Continuity of Services
NEW OXATIS is only obligated to use its best efforts to perform the Services and cannot be held responsible for any delay in the execution of the Services. Furthermore, NEW OXATIS cannot be held responsible in the event of inconsiderate application or non-application of the usage advice provided within the framework of online and telephone support or advice not originating from NEW OXATIS.
NEW OXATIS cannot be held responsible for the quality of the services of its Partners to the extent that the Subscriber has freely contracted this service with the Partner.
In the event of unavailability due to NEW OXATIS:
– For a total period of less than 3% of the monthly period, no financial compensation is due;
– For a total period of between 3% and 6% of the monthly period, the subscription period will be proportionally postponed according to the duration of the unavailability;
– For a period exceeding 6% of the monthly period, the Subscriber will be credited with one month of the service type Pricing Plan in effect on their Website.
Subscribers whose Website is the subject of abusive use of the NEW OXATIS platform are excluded from these compensations.
Article 9.2 Referral of Subscribers to Partners and Internet Expertise Centers
NEW OXATIS offers its Subscribers the intervention of third-party Partners and Internet Expertise Centers from its network of qualified professionals.
The Subscriber remains free to contract or not with the concerned Partner or Internet Expertise Center.
In any case, if the Subscriber and the Partner or Internet Expertise Center enter into a contractual relationship for the performance of Services, NEW OXATIS must be considered a third party to this contractual relationship, as it exercises no control over the performance of its Partner, over whom it exercises no subordination link.
Article 9.3 Hosting Services
The Website created by the Subscriber is hosted on NEW OXATIS servers. In this regard, NEW OXATIS will have the status of host within the meaning of Article 6 I 2) of the law of June 21, 2004, on confidence in the digital economy.
These servers are accessible 24 hours a day, 7 days a week, subject to the application of the provisions of this article and Articles 12, 13, and 14 of these Terms and Conditions of Use.
NEW OXATIS reserves the right to interrupt, at any time, partially or totally, access to the NEW OXATIS Solution, the Services, and, if applicable, the Subscriber’s Website, without its responsibility being engaged and without any refund being possible in this regard:
– In the event of failure of the computer systems, software, and materials of its servers;
– In the event of a massive attack on the system by third parties, by any existing or future technique;
– In the event of an attack on a particular Website;
– For reasons of maintenance and/or improvement, and notably modification of the technical characteristics of the infrastructures and its suppliers.
The Subscriber expressly accepts that a mention of their Website indicates that NEW OXATIS is the host in accordance with the provisions of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy. The Subscriber undertakes to ensure that this mention is always visible to internet users and not to conceal it by any means/technique.
Article 9.4 Telephone Support Services
Within the framework of telephone support, NEW OXATIS will endeavor, as part of an obligation of means, to respond as soon as possible to the Subscriber’s questions related to the use of the Services provided by NEW OXATIS, excluding the Services provided by third parties.
The number of telephone calls is not limited, but the theoretical absence of a limit cannot give rise to abusive and misused use of the Service. In no way can NEW OXATIS compensate for a lack of training of the Client if it appears that the Client does not have the required skills to use the platform.
Only the holder of the NEW OXATIS Account is authorized to contact telephone support.
Telephone support is provided by qualified technical personnel.
NEW OXATIS offers the Subscriber access to user support, available from Monday to Friday from 8:30 am to 12:30 pm and from 2:00 pm to 6:00 pm, and on Saturday from 8:30 am to 12:30 pm and from 2:00 pm to 5:00 pm at the following address: support@oxatis.com.
NEW OXATIS reserves the right to modify its hours and will inform the Subscriber by any means of the new hours.
Article 10. Intellectual Property
Article 10.1 Ownership of Rights
The company NEW OXATIS owns all rights relating to the Service and the NEW OXATIS Solution, including its trademarks and logos, as well as any software, applications, or databases used within the framework of the Service.
The Client remains the sole owner of their Data, their trademarks and logos, as well as their Website.
Each of the Parties retains ownership of the intellectual property rights and the know-how and methodologies belonging to them before their use within the framework of the Contract, as well as any improvements or additions they may make during the execution of the Contract.
Each of the Parties may therefore freely reuse all their prior properties belonging to them and undertake to keep confidential the prior properties of the other Parties.
The Client acknowledges the original character of the software composing the Service provided by the Service Provider and the Service Provider’s right of ownership over them under Directive 2009/24/EC of the European Parliament and of the Council of April 23, 2009, on the legal protection of computer programs and the provisions of Article L 112-2 of the Intellectual Property Code.
Article 10.2 NEW OXATIS Solution
The source code is the exclusive property of NEW OXATIS.
NEW OXATIS retains full and entire ownership of the NEW OXATIS Solution made available to the Subscriber for the creation of the Website and grants the latter, in consideration of the financial terms set forth in the Specific Terms and Conditions, a non-exclusive and non-transferable license to use this technology worldwide and for the duration of the Subscription Contract.
This usage license authorizes the Subscriber to use the NEW OXATIS Solution to create their Website for their sole personal use.
This license is non-exclusive, non-transferable, and non-assignable. The Subscriber is therefore prohibited from sub-licensing third parties or commercially exploiting the NEW OXATIS Solution under penalty of legal action.
The Subscriber is prohibited from extracting, reproducing, or infringing, in any way, the NEW OXATIS Solution.
The right to use the Service granted to the Client cannot have the effect of transferring any intellectual property right whatsoever over all or part of the Service, other than those strictly necessary for the remote use of the Service by the Client during the duration of the Contract, as stipulated above.
Article 10.3 NEW OXATIS Websites
The website www.oxatis.com, as well as all content sites, blogs, forums, online help, and their local variations, edited by NEW OXATIS, are the exclusive property of NEW OXATIS.
Subscribers to NEW OXATIS acknowledge and accept that these websites edited by NEW OXATIS and their content – including, but not limited to, texts, software, music, sounds, photographs, videos, drawings, or other materials contained in the advertisements and commercial information produced and presented by the sites – may be protected by intellectual property rights (trademarks, copyrights, designs and models, or patents).
Subscribers, Internet Expertise Centers, and Partners are not authorized to copy, use, reproduce, distribute all or part of these sites and/or their content or create derivative works based on all or part of these sites and/or their content without having obtained the express agreement of NEW OXATIS.
Article 10.4 Subscriber’s Website
By express agreement and in consideration of the agreed financial terms, NEW OXATIS grants the Subscriber an exclusive, non-transferable, and non-assignable license for the Deliverables created by NEW OXATIS at the Subscriber’s request for the personalization of their Website.
This license includes the right of reproduction and representation, the right of adaptation, arrangement, and translation, excluding any right of commercial exploitation.
This license is granted for the duration of the intellectual property rights over the Deliverables and for the whole world.
Article 10.5 Content
NEW OXATIS cannot claim any intellectual property right over all the Content provided by the Subscriber or published by third parties to the Subscription Contract on the Website.
The Subscriber guarantees that they hold the intellectual property rights or the necessary authorizations for the use of the Content of their Website. In this regard, they guarantee NEW OXATIS against any third-party action relating to the ownership of this Content and any direct or indirect damage suffered by NEW OXATIS as a result. Under no circumstances can NEW OXATIS be held liable for the Content disseminated by the Subscriber.
In the event of a breach of this article by the Subscriber, NEW OXATIS will be able to proceed with the removal of the disputed content, the closure of the concerned Website, as well as the termination of the Subscription Contract under the conditions described in these terms.
Article 10.6 Right of Use of the Service
NEW OXATIS retains ownership of the rights to the Service and the Deliverables intended to be reused for other Clients.
The Service Provider grants the Client a non-exclusive and non-transferable right of use of the Service and the said Deliverables for the duration of the Contract, the amount of which is included in the price of the Services. This right of use is granted solely for the scope defined by this Contract.
It is understood between the Parties that the Service, including the interfaces made available to the Client within the framework of the execution of these terms, is and remains the exclusive property of the Service Provider or its partners, if applicable.
The Client undertakes to take, with regard to users, their personnel, and any person who has access to the Services, all necessary measures to ensure the confidentiality and respect of the Service Provider’s intellectual property rights.
This right of use is exercised by remote access from the Client’s connection to the Service Provider’s server(s) from their server and solely for the use of the Service’s functionalities within the framework of the use of the Services and for the operation by the Client of the result of the Services.
This right is granted for the entire duration of the Contract.
The license relating to the Service is granted solely for the purpose of allowing the Client to use the Services, to the exclusion of any other purpose.
Thus, the Client is notably prohibited from:
– Using the Service and its Documentation, in any way, for the purpose of designing, creating, distributing, or marketing similar, equivalent, or substitute services and documentation;
– Adapting, modifying, transforming, or arranging the Service and the user documentation, for any reason whatsoever, including to correct errors;
– Decompiling, reverse engineering, or disassembling the Service, in whole or in part, except as provided by law;
– Assigning, transferring, or leasing, in whole or in part, for consideration or free of charge, the Service or the right of use granted above;
– Transferring or leasing, for consideration or free of charge, one or more copies of the Service and/or its User Documentation by any means or any derivative work;
– Modifying or circumventing the protection codes, such as access codes or identifiers; – Marketing, for consideration or free of charge, including leasing, one or more copies of the Service and/or its User Documentation by any means or any derivative work.
It is expressly agreed that the Client undertakes not to correct any Anomaly whatsoever, with NEW OXATIS reserving the sole right to do so, except when NEW OXATIS is unable to correct the Anomaly in the event of economic failure as defined in Article 1.
Article 10.7 Guarantee Granted by the Subscriber
The Subscriber guarantees NEW OXATIS against any action in the event of a dispute relating to the Content of their Website and undertakes to take all necessary measures to rectify the situation and respond to the plaintiff within seven (7) days by registered letter, a copy of which will be provided to NEW OXATIS.
In the event of judicial, administrative, or criminal proceedings against NEW OXATIS, NEW OXATIS will immediately transfer the management of the dispute to its defenders and will proceed with invoicing the concerned Subscriber, in installments of €500 excluding tax, for the provisions covering day-to-day the amounts committed to ensure its defense.
Article 10.8 Costs of Responses to Requests from Administrative Services
The Subscriber undertakes to pay the sum of €300 excluding tax for each request for information from government services such as the DGCCRF, tax and customs services, the CNIL, and any other public authority with the right to request NEW OXATIS to compile information on the operation of their Website.
This sum will be invoiced by NEW OXATIS 14 days after the delivery by NEW OXATIS of the requested elements. NEW OXATIS may provide the Subscriber with proof of the administration’s request but not the details of its content, which remain confidential.
Article 10.9 Use of References and Subscriber Information
Acceptance of these Terms and Conditions of Use implies the Subscriber’s authorization for NEW OXATIS to use their contact details, including the address of their Website, to which it may be referred by hyperlink for commercial reference purposes.
Similarly, the Subscriber accepts that NEW OXATIS may use these references within the framework of the “Testimonials” section of the OXATIS Website.
The Subscriber expressly authorizes NEW OXATIS to reproduce their logo or any other element of their Website protected by intellectual property rights in this context.
The conditions of use of the Subscriber’s contact details and Website elements within the framework of the “Testimonials” section may be specified in writing if the Subscriber makes an express request to NEW OXATIS. The Subscriber may refuse this use by expressing their refusal in writing to NEW OXATIS.
Article 11. Protection of Personal Data
Article 11.1 Data Collected
To use the OXATIS Website and the Services it offers, Subscribers and Users must provide NEW OXATIS with personal information about themselves.
Subscribers and Users must, in particular, provide the data required during the registration procedure in the mandatory fields to benefit from the Services.
Failure to respond will result in the inability to register for the offered Service.
Article 11.2 Purposes
The data provided during registration on the OXATIS Website and the use of the Services will be processed for the following purposes:
– Access to the Services;
– Sending NEW OXATIS newsletters;
– Issuing invoices;
– Compiling statistics on the use of the OXATIS Website; –
– Improving marketing and promotional efforts, as well as the content and offers of the OXATIS Website;
– Receiving personalized offers.
Article 11.3 Recipients of the Processing
The data is intended for NEW OXATIS personnel for the management of the OXATIS Website and Services. Certain data may be accessible to internet users and may be transferred to commercial companies for prospecting purposes in an anonymous form.
However, certain information, such as passwords, credit card numbers, and bank account numbers, is not communicated to these companies, even in compiled form.
Under special circumstances, NEW OXATIS may be required to disclose the data when required by judicial and/or administrative authorities.
Article 11.4 Data Retention
The Subscriber’s data is confidentially retained by NEW OXATIS for the needs of the contract, its execution, and in compliance with the law. The data is retained by NEW OXATIS for the period strictly necessary to achieve the purposes set out above. Beyond this period, it will be retained for statistical purposes only and will not be exploited.
NEW OXATIS also has the obligation to retain data allowing the identification of users who make illicit content available for the purpose of transmitting this data to the competent authorities upon judicial requisition, to the exclusion of any other third party, under the conditions provided by law.
Article 11.5 Data Transfer
In the course of its normal activities, NEW OXATIS collects and processes information concerning Subscribers and Users in France and worldwide. It is possible that certain information may be hosted by a technical service provider located in France or in any other country in the world, with its role strictly limited to a technical service of data retention.
The entire policy related to the data transfer processing implemented by NEW OXATIS is detailed in the data protection policy available from the following link: https://www.oxatis.com/declaration-de-confidentialite-et-cookies/
Article 11.6 Rights of Subscribers and Users
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), NEW OXATIS ensures the implementation of the rights of the data subjects.
It is recalled that the Subscriber and the User whose personal data is processed have the rights of access, rectification, updating, portability, and erasure of information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16, and 17 of the European General Data Protection Regulation (GDPR).
Thus, Subscribers and Users may demand that inaccurate, incomplete, ambiguous, or outdated data concerning them be rectified, completed, clarified, updated, or erased.
In accordance with Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the Subscriber or the User may also, for legitimate reasons, object to the processing of data concerning them, without justification and free of charge.
If they wish to consult the data provided to NEW OXATIS, cancel their registration for all or part of the Services, the newsletter, or any other service, or exercise their rights, they may either (i) proceed with the consultation and/or necessary modifications of the data on their personal information pages, or (ii) send this request by registered letter with acknowledgment of receipt to the following address: NEW OXATIS (Groupe LundiMatin) – Service Clients – Parc Club Millénaire – Bât. 24, 1025, rue Henri Becquerel – 34 000 Montpellier, or by email to support@oxatis.com.
It is specified that the Subscriber or the User must be able to prove their identity, either by scanning an identity document or by sending NEW OXATIS a photocopy of their identity document.
The entire policy related to the personal data processing implemented by NEW OXATIS is detailed in the Privacy Policy and the Data Protection Policy.
Article 11.7 Cookies
The use of cookies facilitates the management of the OXATIS Website, as it allows the recognition of internet users’ IP addresses, the conduct of statistical studies, and the measurement of a part of the audience, in order to offer a service as personalized as possible.
Subscribers and Users who wish to register on the OXATIS Website and benefit from the Services consent to the placement of Cookies, as detailed in the Privacy Policy, by default on their device. If the Subscriber or the User chooses not to accept cookies on their browser, they will not be able to benefit from the Services in their entirety, as registration is required for any use.
The information stored or any other element used to identify the Subscriber or the User for statistical audience purposes will not be retained beyond a period of thirteen (13) months.
Article 11.8 Security
NEW OXATIS undertakes to implement all technical and organizational measures to ensure the security of its personal data processing and the confidentiality of the Subscriber’s data under the Data Protection Act and the European Data Protection Regulation (GDPR) and Law No. 2018-133 of February 26, 2018, “on various provisions for adapting to the law of the European Union in the field of security.”
In this regard, NEW OXATIS takes the necessary precautions to preserve the security of the data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties (physical protection of the premises, authentication procedure for our Clients with personal and secure access via confidential identifiers and passwords, logging of connections, encryption of certain data, etc.).
Article 11.9 Subcontracting
It is recalled that, with regard to the operation of their Website by the Subscriber, NEW OXATIS will have the status of a processor within the meaning of Article 28 of the European Data Protection Regulation (GDPR).
In this regard, NEW OXATIS undertakes to:
– Take all necessary precautions with regard to the nature of the data and the risks presented by the processing to preserve the security of the Subscriber’s data and content and, in particular, to prevent any distortion, damage, loss, and/or any unauthorized third-party access, and to provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and ensures the protection of the rights of the data subject;
– Not process, consult the data and content for purposes other than the execution of the services performed under these terms;
– Process, consult the Subscriber’s data and content only within the framework of the Subscriber’s instructions and authorization;
– Not insert foreign data into the Subscriber’s databases;
– Take any measure to prevent any misuse, malicious, or fraudulent use of the Subscriber’s data and content.
NEW OXATIS may use a subcontractor, then named “subsequent subcontractor,” to perform certain specific processing activities. The entire policy related to these service providers selected by NEW OXATIS is detailed in the Data Protection Agreement.
Article 12. Warranties and Liabilities of NEW OXATIS
NEW OXATIS is in no way responsible for the Content it hosts via Subscribers’ Websites.
It is recalled that NEW OXATIS exercises no control, in any form whatsoever, over the nature and characteristics of the data that may transit or be stored by its Services.
In this regard, NEW OXATIS cannot be held responsible, notably:
– For the content of messages sent by the Subscriber through NEW OXATIS Services;
– For damage resulting from the loss, alteration, or fraudulent access to data stored and/or hosted by NEW OXATIS.
For all intents and purposes, it is specified that NEW OXATIS, not being the publisher of Subscribers’ Websites, cannot be held liable in any way in this regard.
If NEW OXATIS is informed that the Content disseminated by the Subscriber does not comply with the Terms and Conditions of Use, NEW OXATIS may proceed with the immediate removal of the presumed illicit Content.
Furthermore, NEW OXATIS cannot be held responsible for any damage, of any nature whatsoever, resulting directly or indirectly from any service performed by one of its Partners.
NEW OXATIS’s liability cannot be sought for any indirect damage, such as, notably, loss of revenue, clientele, data, any financial or commercial prejudice, any commercial disruption, any loss of profit, or any intangible prejudice.
In any event and regardless of the basis of NEW OXATIS’s liability, the damages and interest and any compensation due by NEW OXATIS to the Client for all causes combined cannot exceed the amounts paid by the Client for the subscribed Service during the year in which the incident occurred.
NEW OXATIS’s liability cannot be sought for any elements and content available on other sites or Internet sources accessible through hyperlinks inserted on the Websites (and notably due to advertisements, products, services, or any other information). NEW OXATIS reserves the right to remove or suspend access to any Content following receipt of a notification from a Subscriber or a third party, or if it has actual knowledge of the manifestly illicit nature of the Content. NEW OXATIS’s liability cannot be sought for this removal or suspension. NEW OXATIS cannot guarantee to Subscribers that no errors will occur during the use of the Website. NEW OXATIS does not guarantee that the results, information, and services obtained will be free of any error or defect.
NEW OXATIS is also dependent on the quality of the Internet network. Consequently, NEW OXATIS does not guarantee the reliability of the Services and does not ensure the correction of defects found on the Internet network. Thus, NEW OXATIS cannot be held liable for difficulties in disseminating Content or, more generally, any disruptions of the Internet network affecting the use of the Service. NEW OXATIS makes no warranty regarding the conditions of dissemination, the quality of dissemination, transmission, and accessibility of Content.
It is expressly agreed between the parties and accepted by the Subscriber that the stipulations of this clause will continue to apply even in the event of termination of these terms as established by a final court decision.
In any event, NEW OXATIS cannot be held liable for the commercial effectiveness, from a commercial point of view, of the Website, as the Subscriber is solely responsible for its management. Thus, NEW OXATIS cannot be held liable for the number of visits to the Website, its commercial profitability, or its suitability for the Subscriber’s needs. In the event of the publication of disputed content within the meaning of these terms, NEW OXATIS will be able to proceed with the removal of this disputed content, the closure of the concerned Website, as well as the termination of the Subscription Contract under the conditions described in these terms. NEW OXATIS may also prohibit the Subscriber from accessing all or part of the Services or suspend at any time and without compensation the Subscriber’s Account for the period it deems necessary.
As far as possible, NEW OXATIS will inform the concerned Subscriber of the removal of the Content or the suspension of their Account and the reasons that motivated this removal or suspension.
Article 13. Termination and Suspension
Article 13.1 Termination
NEW OXATIS may decide to suspend the Subscription and access to the Services, without compensation to the Subscriber, in the following cases:
– In the event of misconduct established by NEW OXATIS, and if there is urgency to put an end to the concerned actions;
– When the Subscriber’s actions endanger, in any way, the operation of the NEW OXATIS Solution and its technology:
– When Content of any nature presents an operation prohibited according to the legislation or rules of the art in force in the concerned country;
– When the Subscriber does not comply with these Terms and Conditions of Use.
In the aforementioned cases, the Subscription Contract may be terminated by NEW OXATIS at any time after formal notice by registered letter with acknowledgment of receipt remaining without effect at the expiration of a period of ten (10) days, without the Subscriber being able to claim any compensation.
Each of the parties may also terminate this contract by registered letter with acknowledgment of receipt, subject to compliance with the following notice periods:
– Three (3) months’ notice for monthly subscription contracts with a price of less than €300 excluding tax per month;
– Six (6) months’ notice for other contracts;
– Eight (8) days’ notice in the event of refused price modifications by the Client.
Article 13.2 Suspension
When the Subscriber decides to voluntarily unsubscribe from all the Services to which they had subscribed and/or when the Subscription Contract is terminated under the conditions of Article 13.1 of these terms, NEW OXATIS may proceed with the Suspension of the Subscriber’s Website(s) for a period of twelve (12) months before the definitive destruction of the data relating to this Website.
Article 13.3 Fate of the Website and its Data at the End of the Suspension
At the expiration of the twelve (12) months of Suspension, and unless a new Subscription Contract is concluded in compliance with all the obligations stipulated by these terms, the Website and all its elements will be definitively destroyed by NEW OXATIS.
Article 14. Restitution and Migration of Data
The Subscriber has the possibility to proceed, directly from their Account, with an extraction of all their data, Deliverables, and other Content in a standardized and exploitable format.
In the event that a Subscriber wishes for NEW OXATIS’s assistance in migrating their Website to servers other than those of NEW OXATIS, either after the buyback of their Website by a third party or for any other reason, the Subscriber must make the request to NEW OXATIS, which, upon prior quote, may proceed with the migration of the Website’s data to the new servers designated by the Subscriber.
Article 15. Miscellaneous Article
15.1 Force Majeure
NEW OXATIS’s liability cannot be engaged if the non-performance or delay in the performance of one of its obligations described in these Terms and Conditions of Use results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is terminated as of right, and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this regard, NEW OXATIS’s liability cannot be engaged, notably in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment, or others, interruption of electronic communication networks, as well as in the event of the occurrence of any circumstance or event external to the will of NEW OXATIS occurring after the conclusion of the Terms and Conditions of Use and preventing their performance under normal conditions.
It is specified that, in such a situation, the Subscriber cannot claim the payment of any compensation and cannot take any legal action against NEW OXATIS.
In the event of the occurrence of one of the aforementioned events, NEW OXATIS will endeavor to inform the Subscriber as soon as possible.
Article 15.2 Partial Invalidity
If, for any reason, all or part of one of the provisions set forth above is annulled, the other provisions will nonetheless retain their full effect.
The fact that one of the Parties has not required the application of any clause whatsoever of these Terms and Conditions of Use, whether permanently or temporarily, cannot in any case be considered as a waiver of said clause.
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the latter, the titles will be deemed non-existent.
If any of the stipulations of these Terms and Conditions of Use is null and void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable.
Article 15.3 Independence of the Parties
The parties remain independent of each other. No provision in these Terms and Conditions of Use creates a partnership agreement, mandate, or representation, nor a relationship of subordination between the parties.
Article 15.4 Confidentiality
NEW OXATIS and the Subscriber, as well as their collaborators, undertake respectively to consider as confidential, throughout the duration of the Subscription Contract and for one (1) year after its expiration – for any reason whatsoever – all documents, software, know-how, data, and information, material and immaterial, communicated by the other party for the execution of these terms and not to use or have them used outside the needs of the Subscription Contract.
This commitment remains during the Suspension of the Subscriber’s Website.
Article 15.5 Assignment of the Subscription Contract
The Subscriber may in no case transfer, for consideration or free of charge, totally or partially, in any form whatsoever, the Subscription Contract or the benefit of the use of the subscription or substitute a third party in the execution of their obligations, without the express and prior consent of NEW OXATIS.
In the event of authorized assignment of the Contract, an agreement will be established for this purpose between the Parties and the Third Party.
The assignment agreement will, if necessary, settle the fate of the amounts remaining due by the Client on the day of the request for assignment of the Contract.
Any operation of Contract assignment will be invoiced to the Client at a flat rate of €250 excluding tax (two hundred and fifty euros excluding tax). NEW OXATIS reserves the possibility of assigning, transferring, or contributing to a third party, in any form whatsoever, all or part of the rights and obligations of these terms or substituting a third party for the execution of all or part of the rights and obligations of these terms.
Article 15.6 Notification – Claim
Unless otherwise indicated, any notification, claim, and/or observation from the Subscriber or a User must be sent to NEW OXATIS by registered letter with acknowledgment of receipt to the following address:
NEW OXATIS
Service Clients
Parc Club Millénaire – Bât. 24
1025, rue Henri Becquerel – 34 000 Montpellier
Article 16. Attempt at Prior Conciliation
However, prior to any recourse to an arbitral or state judge, negotiation in good faith will be favored with a view to reaching an amicable agreement upon the occurrence of any dispute relating to these Terms and Conditions of Use, including their validity.
The Party wishing to implement the negotiation process must inform the other Party by registered letter with acknowledgment of receipt, indicating the elements of the dispute. If, at the end of a period of one (1) month, the Parties do not reach an agreement, the dispute will be submitted to the competent jurisdiction designated above. The limitation period will be suspended from the implementation of the clause, i.e., the date of receipt of the act of information sent by registered letter with acknowledgment of receipt. The suspension of the limitation period will end on the date of the signature of a minutes of conciliation or non-conciliation.
In the event of refusal by one of the Parties to sign said minutes, the other Party may take note of this refusal by informing them that, in the absence of a reaction on their part within a period of five (5) business days, the seizure of the competent judge will be possible. During the entire negotiation process and until its conclusion, the Parties are prohibited from taking any legal action against each other regarding the dispute that is the subject of the negotiation.
By exception, the Parties are authorized to seize the jurisdiction of the référés or to request the issuance of an order upon request. Any potential action before the jurisdiction of the référés or the implementation of a procedure upon request will not entail any waiver of the amicable settlement clause by the Parties, except express contrary will.
Article 17. Applicable Law and Jurisdiction
These terms and conditions and the contractual relations between the Subscriber and NEW OXATIS are subject to French law.
The Montpellier Commercial Court will have exclusive jurisdiction to hear any dispute relating to the application of these terms and conditions, their interpretation, performance, and subsequent sales contracts concluded by NEW OXATIS, or relating to the payment of the price, even in the event of plurality of debtors, warranty claims, or summary proceedings