GENERAL TERMS AND CONDITIONS – AUTHSET-INFOGERANCE
ARTICLE 1 – PURPOSE OF THE CONTRACT
These general terms and conditions aim to define the conditions under which AUTHSET, hereinafter referred to as the “Provider,” delivers services to the user company, hereinafter referred to as the “Client.”
The Contract between the Parties consists of these general conditions, purchase orders, and specific conditions.
ARTICLE 2 – GENERAL OBLIGATIONS OF THE CLIENT
The Client agrees to:
Allow interventions under the best possible conditions, notably by granting free access to the equipment for the Provider, providing all necessary technical documentation, and generally all elements useful for implementation, backup, and restoration tasks.
Inform the Provider of any changes regarding the equipment, Internet network, and generally any change impacting the performance of the Provider’s services.
Use the equipment under the Contract in accordance with the manufacturer’s specifications and comply with installation rules (isolation, air conditioning, connections).
Perform, verify, and store backups.
Refrain from spamming, using Peer-to-Peer software, social software, or other technologies that may saturate bandwidth.
ARTICLE 3 – PRICES
The prices are fixed in the Contract and stated excluding tax. They are determined based on a 36-month contract duration. Any request for a 12-month contract will result in an automatic 33% price increase.
Prices are revised annually on January 1st, according to the latest published Syntec index using the following formula:
PN = PN-1 × (1 + (IN - IN-1) / IN-1)
PN: Price for year N (revised price)
PN-1: Price for year N-1
IN: Syntec index for year N
IN-1: Syntec index for year N-1
Any service not included in this contract will be subject to a separate quotation and invoice.
ARTICLE 4 – PAYMENT
An annual invoice is issued by the Provider for the annual fee and is payable via monthly direct debit at the end of each month.
Invoices for additional interventions will be paid via direct debit on the 30th of the month following the invoice issuance.
Failure to pay on time will, after a 30-day period following formal notice sent via registered letter with acknowledgment of receipt and without further formality, lead to:
Immediate payment of all sums due until the end of the payment contract,
Late fees of 1.5% per month,
A fixed recovery charge of €40,
Suspension of all ongoing services, regardless of their nature or progress level, until full settlement of unpaid sums.
The Client also agrees to pay all rejection and recovery costs, including any legal recovery costs (e.g., bailiff or attorney fees).
ARTICLE 5 – TERMINATION CONDITIONS
This Contract is entered into for a fixed, non-reducible term, starting on its signature date until December 31 of the third full calendar year following its signature (i.e., until December 31 of year N+3), and will renew automatically for new non-reducible 36-month periods.
Either party may terminate the Contract at its term, without cause, by sending a registered letter with acknowledgment of receipt at least three (3) months before the expiration date.
Early termination is only possible upon full payment of remaining monthly payments until the contract term.
If an amicable and written agreement is reached between Provider and Client, the Client will receive a 20% discount on the remaining dues.
In any event, the Provider may terminate the Contract automatically, at the Client’s exclusive fault, after formal notice by registered letter with acknowledgment of receipt remains unanswered after 30 days in the following cases:
Failure or delay in payment, or more generally, failure to fulfill any obligations.
Illegal use of equipment and/or services or violation of any legal or third-party rights.
In such a case, the Provider may immediately recover the total amount due, including the remaining monthly payments.
Similarly, the Client may automatically terminate the Contract in case of failure to meet the availability guarantee for three (3) months out of six (6) consecutive months, subject to a 3-month notice and a registered letter with acknowledgment of receipt.
ARTICLE 6 – FORCE MAJEURE
Any event of force majeure as defined in Article 1218 of the French Civil Code – such as, but not limited to, telecommunications or network blockages, server failures, power or internet outages, viruses, cyberattacks, natural disasters (earthquakes, fire, storms, flooding), total or partial strikes – suspends execution of contractual obligations during the event.
ARTICLE 7 – REVERSIBILITY
Upon termination of the Contract, for any reason, the Provider agrees to ensure actions allowing the Client to take over or delegate the services previously handled by the Provider.
Reversibility operations will begin three months before the end of the Contract, upon written request from the Client with one month’s notice via registered letter with acknowledgment of receipt.
To facilitate reversibility, the Provider agrees to deliver, throughout the contract period and within one month of each request, a copy of the latest operational status: inventory of hardware and software, work in progress, and list of unresolved issues.
This service will be billed according to a prior quotation from the Provider.
ARTICLE 8 – RETURNS
Upon termination of the Contract, all rented equipment under the Contract and its Amendments must be returned to the Provider.
ARTICLE 9 – SERVICE SUSPENSION
The Provider may suspend part or all services, by notification sent via registered letter with acknowledgment of receipt, until further written notice of service resumption in the following cases:
Client’s failure to meet contractual obligations,
Evidence of illegal service use by the Client,
The Client preventing the Provider from fulfilling its contractual duties.
ARTICLE 10 – LIABILITY AND INSURANCE
10.1 – Provider’s Liability
The Provider agrees to exercise due care and skill in providing the services entrusted by the Client.
GIVEN THE TECHNICAL UNCERTAINTIES LINKED TO THE SERVICES, THE PROVIDER IS BOUND ONLY BY A BEST-EFFORT OBLIGATION.
The Provider shall not be held liable for:
Service incidents or interruptions due to external events or Client misconduct (e.g., incompatible software, misuse, force majeure),
Direct and/or indirect damage in case of data loss due to force majeure, misuse, network failure,
Publisher's business cessation or discontinuation of software maintenance,
Software malfunctions regardless of consequences or downtime,
Any third-party intrusion (e.g., hacking).
IN ANY CASE, THE PROVIDER'S LIABILITY IS EXPRESSLY LIMITED TO THE AMOUNT PAID BY THE CLIENT DURING THE FIRST YEAR OF THE CONTRACT.
10.2 – Client’s Liability
The Client is solely responsible for their activities, including:
Services and/or websites hosted on their virtual server,
Transmitted, published, or collected content, including updates,
Any infringement of third-party rights (e.g., copyright, trademark, patent), or any illegal activity.
10.3 – Insurance
The Provider declares having professional liability insurance covering material and bodily harm caused during service delivery.
The Client declares having insurance covering damages caused by staff, third parties, or external causes (e.g., fire, flood) to the Provider’s assets or staff.
The Client also declares having business interruption insurance, especially for data or information loss.
ARTICLE 11 – INTELLECTUAL PROPERTY
This Contract grants:
No IP rights to the Provider on Client or end-user data/content.
No IP rights to the Client or end-users on the Provider’s services, logos, domain names, or related features.
The Provider may require authorization from the Client to carry out requested actions (e.g., file hosting or sharing).
The Client agrees to grant such authorizations when needed.
ARTICLE 12 – CONFIDENTIALITY
Both Provider and Client commit to confidentiality for themselves and any employees, staff, collaborators, or partners involved.
This obligation remains in force during and after the contract execution unless confidential information is made public by the rightful holder.
ARTICLE 13 – NON-SOLICITATION
The Parties formally agree not to solicit the other’s staff during the contract period and for two (2) years following termination, under penalty of paying compensation equal to the gross annual remuneration (including bonuses and benefits) of the hired person.
ARTICLE 14 – JURISDICTION
14.1 These general conditions are subject to the laws of the country where the Provider is registered.
Any dispute regarding the formation, interpretation, performance, termination, or validity of this Contract shall fall under the exclusive jurisdiction of the Commercial Court of the city of the Provider’s registration, notwithstanding multiple defendants or third-party proceedings, including urgent or protective measures.
All communications and notices shall be valid if sent by registered mail with acknowledgment of receipt to:
The Provider: address stated in this document.
The Client: postal address listed on this document and provided to the Provider.
ARTICLE 15 – PERSONAL DATA
15.1 – PERSONAL DATA PROCESSING
For contract execution, the Provider may collect personal data (e.g., name, email, phone number, job title) of Clients (individuals), employees, directors, or representatives – collectively “Data Subjects.”
Collected data is stored in the Provider’s client database and used to fulfill contractual and legal obligations.
Data is retained only for as long as necessary unless:
A longer period is legally required or permitted,
The Data Subjects exercise rights under the law.
Only authorized staff may access the data.
Data may be disclosed to subcontractors bound by contract and limited in scope for order management purposes, with contractual obligations to comply with data protection regulations.
Outside these cases, the Provider shall not sell, rent, or disclose data without prior consent unless legally required (e.g., fraud prevention, legal defense).
Under applicable regulations (Law No. 78-17 of January 6, 1978, and EU Regulation 2016/679), Data Subjects may exercise their rights (access, correction, deletion, limitation, portability) by contacting: contact@authset.fr
Privacy Policy: https://www.authset.com/dpo
15.2 – HOSTED DATA PROCESSING
If the Provider processes personal data for which the Client is responsible, the following applies:
15-2-2.1 Data is processed only for the documented purposes per Client’s instructions. If instructions breach GDPR or national law, the Provider must notify the Client.
15-2-2.2 The Provider ensures data confidentiality and trains authorized personnel accordingly.
15-2-3 The Provider applies data protection by design and by default.
15-2-4 Informing Data Subjects is the Client’s responsibility.
15-2-5 The Provider assists the Client in fulfilling rights requests (access, correction, deletion, etc.).
Requests received by the Provider are forwarded to the Client immediately.
15-2-6 The Provider must notify the Client of any personal data breach within 72 hours and provide documentation for notifying authorities.
The notice includes:
Nature and scope of the breach,
DPO contact info,
Likely consequences.
15-2-7 The Provider ensures security measures suited to risks and assists with data protection impact assessments and consultations.
15-2-8 The Provider provides necessary documentation and allows audits by the Client or their delegate (reasonable frequency).
This service may be subject to a quotation.
15-2-9 The Provider will inform the Client electronically or contractually if subcontractors are used.
15-2-10 Upon termination, the Provider will delete or return all personal data (upon request), unless legally required to retain it, in compliance with GDPR.