We remind you that the customer is subjected to the general conditions of use since the purchase of his software licences. Those general conditions of use hereby remain applicable, including for the updates he will become a purchaser.
Any subscription by the customer of a Target Skills support contract, directly or via its reseller, implies acceptance for this client of the following conditions.
The support contract Target Skills covers the following services :
1 - Mailing assistance
With mailing assistance, Target Skills will endeavour, within an obligation of means, to answer in a short delay, the questions of the customer and related to the use of the software being subjected to a Target Skills support contract. The number of e-mail calls is unlimited. Only the software licence is entitled to contact the mailing assistance.
In no ways, Target Skills could compensate a defect of the customer training if it appears that the customer does not have the necessary skills to use the software.
The mailing assistance is provided by a qualified technical staff.
The services of assistance are carried out on the basis of the last main version N (the main version is characterized by a modification from the 1st figure of the version number) or, at last, on the N-1 version of the software being marketed at the request day for assistance.
This service includes neither the trip on the customer place nor the phone assistance.
The services described above are provided by Target Skills provided that the dysfunctions are reproducible, are not due to a software not covered by the Target Skills support contract Assistance, that the software was not modified and that it is used in accordance with its documentation and with the recommendations given by Target Skills.
2 - Updates
Target Skills informs the customer, by all means as suits him, of the availability of an update. To have an update, the customer must do a written request to Target Skills. The need for carrying out an update is given unilaterally by Target Skills taking care of functional and technological evolutions.
These updates include corrective updates characterized by corrections of dysfunctions, minor updates that deal with modifications of functionalities, major updates that deal with contributions of new functionalities and/or modify the essential internal structure of the former version. These updates do not include new programs or options developed by Target Skills which must be purchased in current tariff conditions.
The update of a software is followed by an update of the electronic handbook.
The customer will install, under his responsibility, the updates of the software.
If needed, he wil be helped by a qualified reseller.
3 - The repair of damaged files
The customer benefits from a discount on the tariff of repair of the software damaged files being under the support contract.
This service of repair includes: an examination on problems encountered, an intervention on the files, a report of intervention.
This service will be carried out in the buildings of Target Skills. The client file will be under the responsibility of Target Skills in a limit of technical feasibility. Target Skills will inform the customer by e-mail for the expected date of return of the recovered files. Target Skills guarantees the entire confidentiality of the information contained in the files. For this reason, Target Skills commits to destroying the client files in a reasonable time.
Target Skills will carry out the files repair of the files under an obligation of means.
The customer is advised to stop all keyboarding on the files except if Target Skills services allows to do so. Indeed, any work carried out during the treatment will be lost when restoring the repaired files. The expenses of return are at the cost of the customer. The delivery of a version data transfer to another are not included in this service of files repair and will be subjected to an unbundling accepted by the customer, after estimate of Target Skills.
4 - Duration-cancellation
The support contract is on for one year long from the date indicated in the part "”designation”" of the invoice addressed to the customer (or to his distributor), except contrary stipulation of the invoice.
Except denunciation by Target Skills or the customer, by recorded letter, at least one month before its expiry, the support contract will be automatically renewed by tacit agreement. Cancellation, or the end, for any reason, of this contract does not give the possibility of the refund of the sums received by Target Skills.
Target Skills reserves the right to suspend or limit the access to the services subscribed by the customer, after having warned this last one by any means:
In case of nonfulfilment of one of its obligations envisaged with this contract.
In case of excessive unusual increase in the customer consumption.
In case of nonpayment by the customer of the owed sums, and after sending of a follow-up letter remained without effect, Target Skills can suspend the services the customer subscribed.
The suspension of services does not stop the billing, it makes all the sums invoiced to the customer immediately payable.
5 - Annual tarif
For the services provided, the customer commits himself paying, at the date of the invoice, the current price of the day of the contract subscription or its renewal. The invoice payment supposes acceptance by the customer of the Target Skills support contract conditions. Target Skills reserves the right to suspend immediately the contract in case of nonpayment, and thus until the full payment. Target Skills reserves the possibility of modifying the contract price applying the new current tariff, in particular if suggested services are modified.
Except contrary instruction of the customer sent by a recorded letter, before the expiry date of the period in progress, the contract will be renewed to the new conditions. In case of non-payment at maturity, penalties of an amount equal to 11% (REFI rate) of the total gross amount of the invoice will be applied eight days after the first recovery notice remained unsuccessful
6 - Responsibility
The obligations of Target Skills are defined in article 7 of the “"General Conditions of Use of Target Skills software”" which the customer recognize having learnt about. In any case, Target Skills will not be held responsible for any delay occurred in the execution of the above mentioned services.
Moreover, the responsibility of Target Skills cannot be committed in case of thoughtless application or in case of non application of advises for the utilization provided by mailing assistance or application of advises not provided by Target Skills. In no ways, Target Skills will be stated as responsible of the destruction or deterioration of some files or programs. The customer must take his own responsibilities protecting himself against those risks making necessary backup. If ever the responsibility of Target Skills is hereby committed, the compensation which could be asked is expressly limited to the amount of the received by Target Skills, in the 12 months period in progress at the moment of the damage occurrence. The stipulations of those conditions fix the risks sharing out between Target Skills and the customer. The price reflects this sharing out as well as the limits of described responsibilities.
LAW AND ATTRIBUTION OF COMPETENCE
THE PRESENT CONDITIONS ARE SUBJECTED TO THE FRENCH LAW. IN CASE OF DISPUTE, EXPRESS COMPETENCE IS ATTRIBUTED TO COURT OF COMMERCE OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR THE PROTECTIVE PROCEDURES IN EMERGENCY PROCEEDING OR BY REQUEST.