Fab Manager

General terms and conditions of services

Date last updated: 2 May 2020

 

Article 1 – LEGAL NOTICE

This site, accessible at the URL www.fabmanager.com (the "Site"), is published by :

SLEEDE, a single-person simplified joint stock company with a capital of 10,000 euros, registered in the Grenoble R.C.S. under number 534 094 651, whose registered office is located at 25 rue Gabriel Péri - 38000 Grenoble represented by Cyril Farré duly authorized,

(hereinafter referred to as the "Provider").

Article 2 – DEFINITIONS

Terms beginning with a capital letter within these General Terms and Conditions, whether used in the singular or plural, shall have the meaning given to them below: 

  • Customer, means the legal or natural person subscribing for professional purposes to the Services, which fall within the scope of its commercial, industrial, craft or liberal activity;
  • Parties, means one or other of the legal persons entering into these GCS. 
  • User, means the person(s) placed under the responsibility of the Client who uses Fab Manager in the context of subscribing to a Fab Manager Cloud offer.
  • Site, web sites including fab-manager.com and related web sites that allow access to the Fab Manager Cloud and the online provision of related services.
  • Services, as defined in Article 4 of these TOS.
  • Subscription, means the contractual commitment binding the Client to SLEEDE to benefit from the Services.

Article 3 – FIELD OF APPLICATION

These terms and conditions of service (the "Terms and Conditions") are intended to define and govern the contractual relationship between the Service Provider and any professional a "Customer" benefiting from the Fab Manager Cloud services and any customization or related services made available.

The provision of the Services offered to Customers on the Site is subject to the prior acceptance without restriction or reservation of these Terms and Conditions. You acknowledge and accept these terms and conditions: (i) by ticking "I accept" when validating the online subscription form for the Atelier et Fabrique offers or when validating the quote for the Foundry offer and the Customized Services; (ii) by accessing or using the Services or the Site; or (iii) by making a partial or total payment for the Services. If you do not accept these terms, you must cease accessing or using the Services and the Site immediately. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the power and authority to enter into and bind such organization.

The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them upon request by any means.

The General Terms and Conditions are applicable notwithstanding any stipulation to the contrary appearing in any documents emanating from the Customer, and in particular in his general terms and conditions of purchase.

The General Terms and Conditions are applicable subject to any stipulation to the contrary appearing on the order form or to any special terms and conditions that may have been agreed between the Company and the Customer concerned.

 

Article 4 – SERVICE DESCRIPTION

The purpose of the Site is to provide online services to ensure the management and optimization of third party sites on a daily basis and more specifically, it provides the following services:

  • Access and use of the Fab Manager Cloud Services via the Websites on any computer, mobile, tablet or other device (collectively referred to as a device),
  • Support related to the implementation and optimization of Fab Manager. The support varies according to the selected offer. 
  • Related services such as: miscellaneous support, installation, installation assistance, user training, outsourcing, data migration, ...
  • Customization of Fab Manager
  • Depending on the Fab Manager Cloud offering selected, Users may use Fab Manager to perform functions as defined on the Site, including : manage machine, training and room reservations, manage members, set up a project gallery, manage invoicing, use an electronic wallet, consult usage statistics, receive support, purchase additional plug-ins, etc.

The Client's account allows to assign and grant one or more Users access to the Client's Fab Manager Cloud site and to manage these Users. The Fab Manager Cloud site will be assigned a limited number of users as indicated on the Site, depending on whether you subscribe to one of the 3 Fab Manager Cloud offers.

 (hereinafter referred to as the "Services").

The Services presented on the Site are each described in a description of their essential characteristics. This description may include descriptions, photographs and graphics that are provided for illustrative purposes only and may be modified/updated on the Site. 

Article 5 – REGISTRATION REQUIREMENTS

Any Customer wishing to take full advantage of the Site and Services must : 

  • have full capacity and act strictly for professional purposes;
  • create his personal space on the Site by filling in the various fields of the account creation form (name, RCS number, name/first name of the referrer, e-mail address, telephone number, etc.) ;
  • confirming their acceptance of the General Terms and Conditions;
  • confirm his registration.

Access to the Services is possible from a computer, a smartphone or a tablet by connecting to the Site.

Use of the Services requires a high-speed internet connection and mobile internet connection where applicable.

Customers are personally responsible for setting up the IT and telecommunications resources required to access the Site.

 When creating an account with e-mail, the Customer is invited to choose a password, which constitutes a guarantee of the confidentiality of the information that will be contained in his account. 

For the purpose of validating the registration, the Service Provider sends the Client a confirmation email to the email address provided by the Client. The Customer then activates his account by clicking on the hyperlink provided for this purpose in the confirmation email.

Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, undertakes to notify him of any subsequent changes and guarantees that the said information does not infringe the rights of third parties.

The Customer may modify this information, identifiers and password from his account on the Site.

The Customer undertakes not to disclose or transfer his account, identifiers and passwords and is solely responsible for their use until they are deactivated. He must immediately inform the Service Provider of any loss or unauthorized use of his account.

The Service Provider reserves the right to delete the account of any Client who has provided false information.

Article 6 – USER ADMINISTRATION

Access rights, usage rights and the different Users are managed by the Customer. The Client has access to an account with administrative rights, access to an interface, and the ability to enter all User data necessary to enable the execution and use of the Services. 

During the term of the Contract, the Client may create as many identifiers as he has Users, within the limit of the number of Users of the offer to which he has subscribed. It is specified that the creation or deletion of Identifiers does not modify either the data relating to registration or the duration of subscription to the Service. 

User IDs for connection to a user account are personal and confidential. The Customer undertakes both in his own name and in the name and on behalf of the Users he has designated, to do everything possible to keep the identifiers secret and not to disclose them in any form whatsoever. The Customer is entirely responsible for the use of the identifiers and is responsible for the custody of the access codes given to him. 

The Client undertakes to inform the Service Provider without delay and by any means of any unauthorised use of the said identifiers. In the event of loss or theft of one of the identifiers, the Client shall notify the Service Provider without delay by email, ensuring that the notification is received.

The Service Provider recommends that the Customer regularly change their password and choose complex passwords that include specific letters, numbers and characters. The Service Provider invites the Client and its Users to consult the CNIL website, which offers a list of tips for managing their passwords securely.

Article 7 – ORDERS

Any Customer wishing to benefit from the online Services on the Site must : 

For the subscription to the Workshop and Factory offer :

  • Select the Service he wishes to subscribe to;
  • Fill in the various fields of the Customer form (surname, first name, organisation name, organisation address, e-mail address, telephone number, etc.);
  • Confirm his acceptance of the General Conditions ;
  • Confirm his acceptance of the Services order 
  • Choose your method of payment ;
  • Make payment for the Service.
  • Upon receipt of payment to the Fabrique ou Atelier offer, the Service Provider shall send the Customer an email confirming his order to the email address provided by the Customer. The order confirmation e-mail shall summarize the essential characteristics of the Service(s) ordered, the total price, and any other relevant information. 

To subscribe to the Foundry offer or to a specific customised request :

  • Select the Service to which he wishes to subscribe ;
  • Fill in the various fields of the Client form (first name, last name, organisation name, organisation address, e-mail address, telephone number, etc.);
  • Confirm his acceptance of the quote sent by email by the Service Provider 
  • Confirm its acceptance of the General Terms and Conditions ;
  • Make payment for the Service.

By placing an order or requesting a quote on the Site, the Client expressly accepts that the Service Provider will send him an invoice electronically. However, the Customer may obtain a paper invoice by sending a request to Customer Service.

Unless expressly stated otherwise on the Site, the Client may not modify his order after having validated it, which will be firm and final.

In order to combat fraud, the Service Provider or its payment or delivery service providers may be required to request additional proof from the Customer or to contact the Customer when the order is accepted and/or dispatched. In the event of unjustified refusal by the Customer to provide the information and/or proof requested, the Service Provider reserves the right not to accept or cancel the order without this being subject to any dispute.

The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided erroneous information, who does not pay for the Services, with whom there is a dispute regarding payment of a previous order or who has an abnormally high level of order.

 

Article 8 – FARE CONDITIONS

The Services are provided at the Service Provider's price list in force on the Site on the day of the order, expressed in euros excluding taxes. All amounts are indicated in euros excluding tax. 

The tariff is firm and cannot be revised during the period of execution of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.

However, the Service Provider reserves the right to modify its prices at any time for any Services subscribed to after this modification.

Any price reductions, discounts and rebates may apply to the Services under the conditions set out on the Site or in any other document communicated to the Client.  In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotional period.

In the event of early payment by the Client, no discount will be applied. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Service Provider and the Client. Any suspension, deduction or compensation made unilaterally by the Client shall be treated as a default in payment and shall entail all the consequences of late payment.

Furthermore, it is expressly agreed that the Client shall be validly put in default of payment by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves in particular the right, without any compensation being due to the Client, to :

demand the immediate payment of all sums due for the Services, which shall become immediately payable regardless of their initial due date;

refuse any new order or require for any new order a cash payment or a guarantee for the good execution of the commitments;

charge any partial payment firstly to the non-preferred part of the debt and then to the sums that are due the longest;

reduce, suspend or cancel access to the Services 14 days after the Service Provider has sent the Client a formal notice to that effect;

apply, without prior formal notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the French Commercial Code; and/or

demand the payment of a flat-rate indemnity of 40 € for collection costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining due to it, without prejudice to compensation for any damage actually suffered.

Any change in the rates resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.

 

Article 9 – MODES OF PAYMENT

The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires payment of a price against the provision of the Service ordered.

Orders may be paid for using one of the following methods of payment:

  • Payment by credit card. Payment is made directly on the secure bank servers of the Service Provider's bank. The Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment by these bank cards is made in cash, without discount.
  • Payment by electronic wallet (Paypal type). The Customer already has an account on the e-wallet used by the Service Provider. The Customer can use this account and pay his order in complete security without giving his bank details.
  • Payment by bank transfer only valid within the framework of the Foundry offer. The Client may pay for his order by bank transfer. When ordering, the Service Provider shall provide the details of the account to which the transfer is to be made, as well as the order reference to be indicated in the transfer order.

Where applicable, the order validated by the Client will only be considered as confirmed when the Service Provider has been able to ensure the validity of the payment.

 

Article 10  – PROVIDER'S OBLIGATIONS

The Service Provider undertakes to take all necessary steps to perform the Services and its obligations under these General Terms and Conditions and/or any other documentation that may be concluded with the Clients, in compliance with the legal and regulatory provisions and the rights of third parties.

The Service Provider declares that it has the skills, experience and resources necessary to provide the Services, and will assume full responsibility both for the performance of the Services and for the organisation of the work of its staff where applicable.

The Service Provider publishes the Services available on the Site and hosts the content of the Site put online by the Clients. The Service Provider acts as a technical service provider and does not control the legality, accuracy, quality or sincerity of the content posted by the Clients under their responsibility.

Consequently, the Customers acknowledge that the Service Provider is the host of the Site within the meaning of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.

However, the Service Provider undertakes to promptly remove any manifestly illegal content brought to its attention, in particular when the existence of such content has been notified to it by a Customer under the conditions provided for by the applicable regulations.

In addition, the Service Provider shall make every effort to ensure access to and proper functioning of the Site. Nevertheless, the Service Provider does not commit to any minimum monthly availability rate for the Customer's IT Service, unless an availability rate is indicated on the Order Form.

The Service Provider cannot rule out the possibility that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunctions of the Customer's equipment or Internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illegal or fraudulent use of the Site by a Customer or third party, decision of the competent authorities, or for any other reason.

The Service Provider also reserves the right to make any changes and improvements to the Site and Services of its choice related to technical developments or proper operation.

General and temporary interruptions to the Site and Services will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.

Article 11 – CONSUMER OBLIGATIONS

Each Customer undertakes to access and use the Site and the Services in a loyal manner and in accordance with the laws in force and these General Terms and Conditions. Access to and use of the Site and Services by the Client, or any User under its control, is carried out under the control and responsibility of the Client.

The data and information communicated or put online by the Clients or by its Users must be accurate, sincere and loyal and will be communicated under their sole responsibility. 

More generally, each Customer undertakes to :

  • to ensure the respect, in all circumstances, of the legal, social, administrative and fiscal obligations applicable to his status as a professional;
  • use the Services in accordance with their respective destinations and under the terms of these General Terms and Conditions and collaborate in good faith with the Service Provider.
  • not to modify, change during the course of performance of the Services, their nature or the terms and conditions of their provision, except with the prior written agreement of the Service Provider ;
  • to pay the price of the Services under the terms and conditions set out herein ;
  • not to disseminate content that is illicit or that has the effect of diminishing, disorganising, slowing down or interrupting the normal circulation of data on the Site;
  • immediately notify the Service Provider of any difficulty, reservation or dispute arising during the execution of the Services or any abnormal, abusive or fraudulent use of the Site of which he is aware;
  • not to harm the reputation of the Service Provider, denigrate the Services or defame the Service Provider; 
  • not engage in any conduct that could interrupt, destroy, limit or generally harm the Service Provider, including through the use of viruses, malicious code, programs or files.

As part of the Fab Manager's right of use, the Customer agrees without reservation not to :

  • attempt to circumvent or disable the Site or any feature or technological measure of the Site by any means or in any manner whatsoever ;
  • attempt to modify, copy, adapt or reproduce the Site or the Fab Manager Cloud Services, except as necessary to use it in the normal course of operation ;
  • distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish, or disclose the Services to any third party;
  • remove or alter any trademarks, logos, copyrights or other proprietary notices, legends, symbols or labels on the Website or used in connection with the Website or the Services;
  • use the Website or the Services in any way to assist in the infringement of any third party's intellectual property, including, but not limited to, third party copyrights, trade secrets and patents;
  • take any action that interferes in any way with our rights with respect to the Website or the Services;
  • attempt to interfere with the security or integrity of the Services, the Web Site and Fab Manager Cloud sites, servers, computer systems or computer systems and networks of any third party hosting the Web Site and the Services;
  • use, or misuse, the Services and the Site in a manner that could impair the functionality of the website, service or cloud systems used to provide the Services and the Site or interfere with the ability of any other user to use the Services;
  • attempt to gain unauthorized access to any material other than that which you have been expressly authorized to access;
  • transmit or introduce into the Site files that may damage another person's computer equipment or software, content that may be offensive, or material or data in violation of the law (including any content protected by copyright or trade secrets that you do not have the right to use).

Each Customer acknowledges and agrees to be responsible for the manner in which users use the Fab Manager Cloud Services and that :

  • each user is authorized to use the Fab Manager Cloud Services and to access or enter any data, account information, or other information that he or she enters on the Fab Manager Cloud Site or provides to us as required for the Fab Manager Cloud Services ;
  • you will obtain from each user that he or she uses the Services lawfully and in accordance with these Terms;
  • each User will keep all usernames and passwords necessary to access the Services secure and confidential;

In the event that a Client is responsible for a breach of applicable law or infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the Client.

  

Article 12 – CLAIMS

In the event of non-performance or defective performance of the Services, the Client shall notify the Service Provider and formulate its grievances and reservations within thirty (30) calendar days of the date on which it becomes aware of them, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Client's initial notification. 

In the absence of an amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Terms and Conditions under the conditions set out in Article 20, the Client waiving in advance the right to request a forced performance in kind of the Services by the Service Provider or a third party or a proportional reduction in the price, by express dispensation from the provisions of Articles 1221, 1222 and 1223 of the Civil Code.

 

Article 13 - PROVIDER'S LIABILITY

The Service Provider is bound by an obligation of means with respect to the provision of the Services.

The Service Provider undertakes to reasonably implement all the means at its disposal to ensure access to the Services under the best possible conditions in terms of permanence of the Services. The Services may, however, be occasionally interrupted by breakdowns or temporarily suspended due to maintenance work necessary for the proper functioning of the servers hosting the Services. 

Customers who have subscribed to the Foundry offer benefit from a guarantee on the intervention time in the event of an anomaly. This guarantee is specified in the order form. 

Each Client declares to be informed of the constraints and limits of the Internet networks and may not under any circumstances seek the Service Provider's liability for malfunctions in access to the Services, the opening and consultation speeds of the pages of the Services, the temporary or definitive inaccessibility of the Services or fraudulent use by Clients or third parties of the Site.

The Service Provider shall not be held liable in any way whatsoever:

  • in the event of failure to perform any obligation resulting from an act of God or an event of force majeure within the meaning of Article 1218 of the French Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failures that are not of his own making, supply disruptions, wars, riots, insurrections and, more generally, any circumstances or events preventing the Company from properly performing its obligations; 
  • in the event that the information, data, instructions, directives, materials or supports communicated by the Client are erroneous or incomplete, and more generally in the event that the non-execution or defective execution of the Services results in whole or in part from the Client's behaviour, failure or default;
  • in the event that certain services or functionalities are not accessible on the Site due to the deactivation by a Customer of cookies via the interface of the navigation software;
  • in the event that the functionalities of the Site prove to be incompatible with certain equipment and/or functionalities of a Customer's computer hardware.

Furthermore, each Client is responsible for the content and information imported, stored and/or published on the Site and undertakes not to use any technical measures that could allow the circumvention of the technical protection measures put in place by the Service Provider in order to avoid any fraudulent use of the Site and Services.

Each Client is also solely responsible for taking all measures to ensure the integrity and backup of all of its data, files and documents and waives any liability on the part of the Service Provider in the event of damage to data, files or any other document that it may have entrusted to the Service Provider in connection with the use of the Site and/or the Services.

More generally, each Client further undertakes to indemnify the Service Provider against any claim, demand or opposition and more generally against any proceedings that may be brought against the Service Provider as a result of the Client's use of the Website or Services.

In any event, the Service Provider shall not be liable for any indirect or consequential loss or damage such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, commercial prejudice or disturbance or damage to image, which may result from the defective supply or failure to supply the Services.

The Service Provider's liability may not exceed an amount equal to the price excluding taxes collected from the Client for the supply of the Services over the last twelve (12) months.

In accordance with the provisions of Article 2254 of the French Civil Code, any legal action by a Customer against the Service Provider is time-barred after the expiry of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.

 

Article 14 – RECORDING SYSTEMS

The computerized registers, kept in the computer systems of the Service Provider and its partners under reasonable conditions of security, will be considered as proof of the communications and actions of the Clients and the Service Provider. The archiving of these elements is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Client acknowledges the value of the Site's automated recording systems as evidence and declares that it waives the right to contest them in the event of a dispute.

Article 15 – PERSONAL DATA

For more information regarding the use of personal data by the Provider, please read the Privacy Policy (the "Charter") carefully. You may consult this Charter at any time on the Site.

Article 16 – HYPERLINKS

The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Client uses these links, he will leave the Site and then agrees to use the third party sites at his own risk or, where applicable, in accordance with the conditions that govern them.

In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site shall not engage the Service Provider's liability in any way whatsoever and in particular as regards the availability, content and products and/or services available on or from this third party or partner site.

The Client is not authorised to create one or more hypertext links on a third party site linking to the home page of the Site or to its profile page, unless prior written authorisation has been given by the Service Provider.

 

Article 17 – INTELLECTUAL PROPERTY

The Service Provider is the sole owner of all content present on the Site, including, without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements and other data or information that are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the content of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior written authorisation of the Service Provider, and the Client is solely responsible for any unauthorised use and/or exploitation.

In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site as well as any use of software, robots, data mining systems and other data collection tools is strictly prohibited to the Clients.

However, the Service Provider grants the Clients, subject to their compliance with these Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the content on the Site for personal and non-commercial use. 

Reciprocally, each Client expressly authorises the Service Provider to reproduce, disseminate, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the Site, by any means or process, for the purposes of operating, improving, verifying, promoting, marketing, advertising the Site or in the context of setting up partnerships. This non-exclusive, transferable and sub-licensable license is valid worldwide, without royalties, for the duration of the Client's registration or until the content is deleted from his account.

 

Article 18 – DURATION – SUSPENSION - TERMINATION

In the event of a one-off sale or in application of special conditions, the present General Conditions are concluded for the duration of the supply of the Services, as mentioned, where applicable, in special conditions or in the order form.

In case of a sale with successive execution, the present General Conditions are concluded for an initial duration of one (1) year. If these General Conditions are not terminated within one (1) day prior to the end of this initial term, the supply of Services and the General Conditions are tacitly renewed for a new period of a duration equivalent to the initial term, at the price conditions in force on the date of renewal. 

The Service Provider reserves the right to suspend a Customer's access to the Site and the Services, either permanently or temporarily, in the event that the Customer fails to meet its obligations under these General Terms and Conditions. In the event of a delay in payment of more than thirty (30) days, the Service Provider may consider that the Terms and Conditions have been terminated by operation of law on the date on which payment is due. The Client concerned will be notified by e-mail, its Site will be closed, the provision of Services will be stopped and an export of its files and database will be transmitted to it.

In case of force majeure, the Service Provider may unilaterally terminate these Terms and Conditions of Sale, with thirty (30) working days' notice, if the Service Provider decides to stop operating the Services. In such a case, no compensation may be requested by the Client, but the price of the Services paid and not performed will be refunded to the Client on a pro rata basis.

In addition, the Service Provider or the Client may terminate the General Terms and Conditions of Use by operation of law in advance by sending a written notice:

  • in the event of the occurrence of a case of force majeure as referred to in Article 13 above;
  • after notifying the other party in the event of a serious breach by the latter of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (where such breach can be remedied) of written notification indicating the nature of the breach and the need to remedy it.

Article 19 – WITHDRAWAL RIGHT

In accordance with the French Consumer Code, the right of withdrawal is not applicable to Services provided by the Service Provider insofar as they are exclusively intended for Professional Customers and are within the scope of their commercial, industrial, craft or liberal activity.

Nevertheless, in the context of Fab Manager Cloud offers, the Customer is guaranteed "satisfied or reimbursed" for a period of fourteen (14) days from the date of activation of the Site and its Services. Within this period, the Customer may request a full refund if it is not completely satisfied with the Service.

 

Article 20 - CONFIDENTIALITY

During the term hereof, each party may review or receive confidential information, documents and/or data about the other party. Accordingly, each party undertakes, both on its own behalf and on behalf of its employees for whom it acts as its agent, to maintain the strict confidentiality of all confidential information, documents and/or data of any nature relating to the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the contractual relations established.

This confidentiality undertaking of the parties is valid both for the duration hereof and for a period of two (2) years following its expiry or termination.

Article 21 - NOTIFICATIONS

Any written notice or summons required or permitted under the provisions hereof shall be validly given if it is sent by hand-delivered letter or by hand-delivered bearer against receipt of delivery, by registered mail with acknowledgement of receipt, or by electronic mail, addressed to the contact details of the party concerned, each party electing domicile at its registered office.

Any change in the contact details of a party for the purposes hereof shall be notified to the other party in accordance with the methods provided for above. 

Notifications sent by hand or by bearer will be presumed to have been made on the date of delivery to the addressee, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgement of receipt shall be presumed to have been made on the date of their first presentation at the addressee's address. Notices made by electronic mail shall be presumed to have been made on the date the electronic mail is sent.

 

Article 22 - AUTONOMY AND NON-WAIVER

If any of the stipulations of these General Terms and Conditions were to be declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.

The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the stipulations of the General Terms and Conditions shall in no way entail a waiver.

 

Article 23 – MODIFICATION

The Service Provider reserves the right to modify at any time and without notice the content or location of the Site, the Services and these Terms and Conditions.

The present Terms and Conditions give the Client a right of access to any new version of the Site and Services appearing during the term of the Contract.

The Service Provider guarantees that, except in the event of legal provisions or mandatory court rulings to the contrary, upgrades and new versions of the Services will not result in any regression in terms of performance and functionality. However, SLEEDE does not make any general commitment to improve the Services in terms of performance or functionality.

Any use of the Site or the Services as a result of a change to the Terms and Conditions will constitute acceptance by each Customer of such changes. The most recent and current version of the General Terms and Conditions will always be available at the following address: https://www.fab-manager.com/terms.

When the modifications made to the General Terms and Conditions are considered substantial, they will be brought to the attention of the Customers by e-mail and must be accepted by them the next time they connect to the Site.

Article 24 – OBLIGATION TO COOPERATE

The parties undertake to cooperate loyally with each other in the execution of the GTC. They will therefore inform each other as soon as possible of any element that may directly or indirectly influence its execution.

Article 25 – COMMUNICATION 

Each of the parties authorizes the other to mention this contract in its brochures, notices and advertising documents, as well as on the occasion of public events and communications. The information disseminated in this respect only relates to the existence of the GCS.

Article 26 - DISPUTES                

Disputes that may arise within the framework of the contractual relations established between the Customer and the Service Provider shall be resolved, as far as possible, amicably.

In the absence of an amicable settlement within one month from the date one of the parties is seized of the matter, all disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the court of Grenoble.

Article 27 - APPLICABLE LAW & LANGUAGE OF THE CONTRACT

The present General Terms and Conditions and the operations arising therefrom are governed and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be authentic in the event of a dispute.