Opper Terms of use
The present general conditions of sale apply to any sale of products and services concluded by QIOTA SAS, in France or in any country. The fact of placing an order implies the full and complete adhesion of the customer to these general conditions. QIOTA SAS may not be bound by any other document, including prospectuses or catalogs, which it has issued and which are only indicative. ANY CONTRARY REQUIRED BY THE CLIENT IS INOPPOSABLE TO QIOTA SAS. QIOTA SAS reserves the right to modify these terms and conditions at any time.
ORDER
1. Any order from a customer must be made in writing or by any means of electronic communication approved by QIOTA SAS
2. QIOTA SAS reserves the right to correct any errors that may occur during the registration of order and will not incur any liability as a result.
VALIDITY OFFER
The personalized offers and special conditions stated in the form of quotations or commercial proposals are valid for thirty (30) days from their date of issue.
DELIVERY
1. The ordered products are installed at the address indicated by the customer. The customer assumes all charges and transport costs.
2. QIOTA SAS is diligent to deliver registered orders as soon as possible. QIOTA SAS can not be held liable to the customer or third parties for any direct or indirect damage (including, in particular, loss of profits or loss of data) resulting from the failure or refusal of fulfill an order, any delay in delivery or any error in the execution of an order, for whatever reason.
3. Claims relating to apparent defects or nonconformity of the delivered product to the ordered product must be made by Recommended with Acknowledgment of receipt within eight (8) days of the provision of the customer of said product. It is up to the customer to provide any justification as to the reality of the alleged defects or anomalies. It must leave QIOTA SAS free to establish the reality of these vices and to remedy it if necessary. He will refrain from intervening himself or involving a third party for this purpose.
PRICE AND PAYMENT
1. The prices at which the customer can place an order are shown in the prices in force, minus any discounts, rebates and rebates applicable to the order.
2. QIOTA SAS may change its prices at any time, the new prices coming into effect thirty (30) days from their publication and / or notification.
3. Unless otherwise stipulated in a contractual document, the invoices issued by QIOTA SAS are adjustable by:
- a deposit of 30% with the order.
- the balance by check or transfer to 30 days.
Accepted drafts must be returned within 48 hours.
4. Any delay in payment will be automatically and without any formal notice being required for the payment of late fees on the basis of 3 times the legal interest rate in force and the payment of a lump sum indemnity. for recovery costs of 40 €
5. We reserve the right to suspend our contract until payment of the invoices due.
6. any rejection of levy, will be subject to bank charges in the amount of € 10.00 per rejection.
Maintenance contracts are due to expire. They take effect on the date of receipt of the corresponding payment.
ADDITIONAL SERVICES
QIOTA SAS offers ancillary services intended to promote the implementation of its products.
Training in the use of software is provided by staff appointed by QIOTA SAS. The desired training dates must be specified in the customer order. QIOTA SAS is diligent in respecting these requests to the extent of the availability of trainers. In any case, the adaptation of the training schedule will not affect the amounts and conditions of the order.
File processing may be provided to assist the client in starting a computer system. The quality of treatment is directly related to the nature and clarity of the information provided. The results are the sole responsibility of the client who undertakes to provide all the necessary elements for these treatments.
In any case, QIOTA SAS is not responsible for the quality or the integrity of the data before or after their treatment. Manual intervention on the files recovered by QIOTA SAS may be necessary in addition to computer processing. These interventions are the responsibility of the client.
INTELLECTUAL PROPERTY RIGHTS
1. QIOTA SAS software is protected by copyright. Any copy is an offense subject to prosecution. Opper is a registered trademark of QIOTA SAS.
2. QIOTA SAS owns all rights to its software products. The customer acknowledges the existence of the intellectual property rights of QIOTA SAS on its products. The customer is prohibited from copying, duplicating, and generally communicating software and its documentation to any third party whatsoever.
3. Any copy, duplication or communication by any means whatsoever without the written permission of QIOTA SAS would constitute a violation of the law and this contract, and expose the author to legal proceedings; the same is true for the user manual.
GUARANTEE AND RESPONSIBILITY
1. Software warranty is the standard warranty applicable to Microsoft type software. It covers a period of three months from delivery and includes telephone support.
2. If the order is the subject of a maintenance contract, it is applicable from the fourth month, and this for a period of six (6) months or twelve (12) months, renewable. The maintenance contract includes telephone support during normal business hours as well as the provision of software updates and enhancements.
3. QIOTA SAS does not give any guarantee, express or tacit to the users in particular as to the capacity to satisfy any particular application or need of the customer whatsoever.
4. Software is provided as is. It is up to the customer to make sure himself if they fit his needs.
Under no circumstances will QIOTA SAS be liable for any direct or indirect damages resulting from any defect of the software, its erroneous or erroneous use, or any mishandling, even if QIOTA SAS has been notified of the existence of such damages.
