general terms
THIS DOCUMENT GOVERNS THE CONDITIONS OF USE OF THE ALBERT PATRON SERVICE AND CANCELS AND REPLACES ANY PRE-CONTRACTUAL DOCUMENT.
THE GENERAL CONDITIONS OF USE ARE VALIDATED BY THE END USER AND ARE THEREFORE BINDING ON THE CUSTOMER AT THE TIME OF HIS FIRST CONNECTION.
IN ANY EVENT, USE OF THE ALBERT PATRON PLATFORM AND WEBSITE IMPLIES UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS.
1. PURPOSE
The purpose of these General Terms and Conditions is to determine the conditions under which You benefit from the ALBERT PATRON Service as described below, to which You connect, in particular by means of the https://albertpatron.eu interface.
The service is provided by ALBERT PATRON, a simplified limited liability company whose registered office is located at 68, avenue de la Liberté, L-1930 Luxembourg, registered in the Luxembourg Trade and Companies Register under number B275875, in the person of its manager.
The present Terms and Conditions are binding on the Customer and any natural person to whom he legitimately gives access to the ALBERT PATRON Service, whether as a User or a guest.
You are informed that this service is reserved for the consultation, validation and transmission via the PEPPOL network of electronic documents for which You hold the rights of reproduction, communication and making available to the public.
Access to and use of the ALBERT PATRON platform is granted to You as a client. Under no circumstances can this contract be considered as a distribution contract. Consequently, You are in no way authorized to sub-license the access that You benefit from hereunder.
2. DEFINITIONS
For the purposes of this contract, the following definitions apply :
“Authorised User": refers to the user account (and by extension the person who performs actions by being connected with the identifiers associated with said account) for the purpose of allowing access to the user functions of the Service, said account being associated with the predefined role of user of the Customer's Electronic Document Viewing Space.
“Customer": refers to the organisation (company, local authority, association, etc.) which has subscribed to the Service and which is generally Your employer or a customer of Your employer. The Customer acts as the person responsible for the EDM processing with regard to the Documents and the data they contain when this is data of a personal nature. By extension, the Customer refers, where relevant, to any End User whose access has been created by the said Customer or under the authority of the said Customer.
“Electronic Document": invoices or credit notes recorded in xml format, in accordance with the EN16931 standard compatible with the PEPPOL network.
“Data": refers to all information elements that are part of an electronic document and for which You are responsible.
“User Account": space made available to You by ALBERT PATRON, accessible via the following address: https://albertpatron.eu and allowing the remote validation and transmission of Your Data in accordance with the General Terms and Conditions.
“Guest": a third party that you authorise to consult some of the Data in Your User Account.
“Update": refers to improvements made to existing functionalities and the addition of new functionalities provided by ALBERT PATRON, excluding updates linked to online publishing, in the form of regular periodic launches.
“Server": refers to the secure digital infrastructure managed and administered by ALBERT PATRON or its service providers on which end users transfer and manage their Data hosted and processed through their access to the AlbertPatron platform.
“End User": means a person, in particular an employee of the Customer, for whom access to the AlbertPatron platform has been created in the form of a unique password associated with an email address provided by the Customer.
“You": Refers collectively and jointly to the Customer and the End Users. By extension, “Your” also refer to the Customer and the End Users.
3. DESCRIPTION OF THE SERVICE
You declare :
- you have received all the necessary information and documentation ;
- that You are aware of the technical and functional prerequisites and limitations of the Service;
- that the Service meets Your needs.
The Service is updated automatically.
The Service is delivered in Saas mode (Software as a Service).
The Service is provided by ALBERT PATRON. The Services include (i) the validation and transmission of electronic documents in PEPPOL format via the PEPPOL network, and (ii) the viewing of the electronic documents sent.
4. ENTRY INTO FORCE
These General Terms and Conditions come into force as soon as they are accepted by an End User on behalf of the Customer, i.e. as soon as they are validated when the End User first connects to the AlbertPatron or API Light PEPPOL platform. They remain applicable for the duration of the contractual relationship between the Customer and ALBERT PATRON.
5. ACCESS TO THE SERVICE
Access to the AlbertPatron or API Light PEPPOL platform is granted by ALBERT PATRON.
Access to the Service will be notified to the Customer by the receipt of a confirmation e-mail including a password allowing this access.
6. USE OF THE SERVICE
The use of the AlbertPatron or API Light PEPPOL platform is placed under your sole and entire responsibility.
ALBERT PATRON has no way of knowing or predicting what types of data are or will be present in the documents that its customers file on the AlbertPatron or API Light PEPPOL platform. You alone are responsible for the data that you decide to transmit and store, and ALBERT PATRON cannot be held liable in any way in this respect, insofar as it has no right of supervision over the Data that you wish to transmit and store on its Service, whether or not this Data is of a personal nature.
You alone are responsible for access to the AlbertPatron or API Light PEPPOL platform, both in terms of maintaining the security of the access codes enabling you to access the Service and in terms of defining the rules for authorising users who may or may not access the Service.
As the Service includes a certain number of functions, You are solely responsible for the activation or non-activation of certain functions of the Service. ALBERT PATRON may not be held liable in the event of the activation or non-activation of certain functions of the AlbertPatron platform or API Light PEPPOL.
Use of the Service does not exempt You from backing up your data elsewhere than on the AlbertPatron space. ALBERT PATRON cannot be held responsible for any loss of data stored in Your AlbertPatron space.
The range of AlbertPatron functions may be modified when an Update is published by ALBERT PATRON as part of its service.
7. YOUR OBLIGATIONS
Prior to validating these General Terms and Conditions, it is your responsibility to check that your computer equipment is suitable for the Service offered.
You must at the very least be equipped with the following IT and telecommunications equipment, without which You will not be able to access the Service, i.e. at least :
- a terminal (computer, smartphone, tablet, etc.) with a broadband Internet connection.
- a recent generation browser, the latest generation available being strongly recommended.
You or the Customer who created Your access to the AlbertPatron or API light PEPPOL platform are responsible for the equipment, the cost of telephone communications and access to the Internet, as well as any necessary related authorisations. It is Your responsibility to be suitably equipped, particularly in terms of IT and electronic communications, to access the Site and the Service and to take all appropriate measures to protect against any harm or damage to Your Data stored on, coming from or going to Your IT equipment. You undertake not to hinder the proper operation of the Site and/or the Service in any way whatsoever, in particular by transmitting any element likely to contain a virus or otherwise damage or affect the Site and/or the Service and, more generally, the information system of ALBERT PATRON and/or its co-contractors. You acknowledge that you are aware of and understand the Internet and its limitations, in particular its functional characteristics and technical performance, the risks of interruption, response times for consulting, querying or transferring information, and the risks, of whatever nature, inherent in any transfer of Data, in particular over an open network. In order to ensure the confidentiality of the Data stored, ALBERT PATRON will ask you to identify Yourself using a code when the Service is set up. This code is strictly personal. You undertake to keep it and not to communicate it to anyone.
The End User, and consequently the Customer, is solely responsible for the consequences resulting from the communication of a personal code to any third party, whether voluntary or accidental, without prejudice to any damages that ALBERT PATRON may claim from You as a result of the prejudice suffered as a result.
You undertake to ensure that Your Guests comply with the provisions set out in this article. Depending on the type of access You grant them, Your Guests may have to identify themselves using a username and password or use a direct access link to an element of Your User account that You have decided to share with Your Guest. These connection identifiers as well as these access links are confidential. You agree to inform Your Guests of this and hold ALBERT PATRON harmless from any liability related to the use made of these identifiers or access links by Your Guests or any other person authorized or not to access the Service.
You acknowledge that the Service is intended for use under normal and reasonable conditions. You agree to use the Service in strict compliance with the law. You undertake not to knowingly transmit, upload, share or send to external recipients or to Your User account any Data that contains viruses or any other similar code or program designed to or capable of interrupting, destroying or altering any program, computer or means of electronic communication or of limiting the functionality thereof. You represent and warrant that any Data complies with all applicable laws, regulations and/or usage, as well as the rights of third parties.
8. OUR COMMITMENTS
8.1 Hosting
ALBERT PATRON uses all reasonable technical means to ensure secure hosting of the storage servers and the Data they contain against any malicious intrusion (hacking, data theft, etc.).
You are informed that the Service does not include or contractually provide any identification or protection services against viruses. ALBERT PATRON strongly advises You to install on your computer terminal an anti-virus capable of identifying and destroying infected files. Under no circumstances may ALBERT PATRON be held responsible for the consequences of downloading a file infected with a virus from a User account.
8.2 Data return and reversibility
ALBERT PATRON will do everything reasonably possible to ensure that the Data stored in your User account will be restored on your computer equipment or on any other similar or compatible computer equipment as soon as possible, subject to normal operation of the Internet network and in the absence of any interruption of service made necessary by maintenance, repair or development operations.
ALBERT PATRON will have fulfilled its obligation of restitution as soon as all the Data referred to in the previous paragraph has been made available to you on the Internet. This is the principle of reversibility of the service.
As an option and at the customer's request, the Data may be returned to the customer in its entirety, at any time, in accordance with the following technical and financial terms and conditions:
- the Data will be returned on CD-Rom, USB key, according to your choice and technical feasibility.
ALBERT PATRON reserves the right to invoice the time spent by its staff in setting up this return, the cost of the computer medium on which the Data will be transferred as well as the cost of sending this medium by registered letter with acknowledgement of receipt.
8.3 Confidentiality of Data
Subject to applicable legal provisions, ALBERT PATRON implements all technical means reasonably conceivable in the context of a Service involving the transmission of Data, to ensure and respect, have ensured and have respected the strictest confidentiality regarding the existence and content of files and Data stored via the Service, within the limits of the present Terms. In particular, the Documents are encrypted with an encryption key specific to the User account of a given Customer in such a way that only persons with access to this User account can access them. Therefore, neither ALBERT PATRON, nor any of its other customers are able to access the content of the documents transmitted by a given Customer.
In addition, You are informed that details of ALBERT PATRON's confidentiality policy and other resources relating to data confidentiality, notably contained in the documents You transmitted, are available on its web sites.
9. LIABILITY
9.1 Obligations of the End User
As a user of the Service, you undertake to use it on behalf of the Customer who subscribed to the said Service and under whose responsibility your access was created. You undertake to use the Service solely in accordance with the Customer's instructions or within the framework of the tasks entrusted to you by the Customer.
9.2 Responses to special needs
ALBERT PATRON makes no warranty as to the ability of the Site and/or the Service to meet Your particular needs or expectations. Similarly, ALBERT PATRON cannot guarantee that no error or other malfunction will occur during the use of the Site and/or the Service.
ALBERT PATRON does not guarantee that the results and information obtained are free from error or any other defect. In providing the Service, ALBERT PATRON is bound by an obligation of means.
Under no circumstances shall ALBERT PATRON be held liable for any prejudice such as, but not limited to: financial or commercial prejudice, loss of clientele, any commercial disturbance whatsoever, loss of profit, loss of brand image, loss of computer programs suffered by You which may result from the non-execution of these general terms and conditions, which prejudice is, by express agreement, deemed to be an indirect prejudice.
ALBERT PATRON shall in no event be liable for any damages resulting, even partially, from a total or partial breach of Your obligations, nor for any indirect damages, even if ALBERT PATRON has been advised of the possibility of such damages.
ALBERT PATRON assumes no liability or responsibility for any delays, alterations or other errors that may occur in the transmission of mailings from the Site when such events result from the use of networks or a failure on Your part. ALBERT PATRON is not responsible for the unavailability of networks (software or hardware) which are not entirely under its direct control, nor for any modification, suspension or interruption of the Service, nor for the continuity, durability, compliance, compatibility or performance thereof or for the absence of bugs.
You acknowledge and accept that the Internet network or any other network used for the transmission of stored Data may be saturated and/or that Data exchanged via the network may be diverted and consequently, You release ALBERT PATRON from any liability in this respect.
Likewise, ALBERT PATRON shall not be held liable for any interference by third parties in the communication and transmission systems used by You or for any malfunction or stoppage of the Service due to negligence, fault or any act whatsoever on Your part or on the part of a third party.
9.3 Cookies
In order to enable You to connect to the Server and, where applicable, to the Service, the Site's servers may need to place cookies on Your terminal. Cookies are stored in the terminal's local storage space and remain on the terminal until they are removed by You. You may refuse certain cookies, in particular by modifying Your browser settings. However, refusing certain cookies may prevent You from benefiting from all the features of the Service.
The use of cookies by ALBERT PATRON in the context of the Service is detailed in its Policy on the use of cookies and tracers.
9.4 Customer responsibility for Data
You are solely responsible for the Data that You wish to deposit on the Storage Space. Consequently, You are responsible for all damage that may result from the communication of Data, in particular erroneous or incomplete Data.
You are responsible for any damage caused by Yourself to ALBERT PATRON. You undertake to indemnify ALBERT PATRON, in the event of any request, claim or sentence, in particular for damages and interest, to which ALBERT PATRON may be subject as a result of Your failure to comply with Your obligations or as a result of any damage caused by You to ALBERT PATRON.