FR
ENThese General Conditions constitute a contract between you and NETmanage SA and govern the use of and access to the NETdesk service for any type of licence or hosting.
Article 1 : Licence agreement
All NETdesk versions (basic, plus, company) can be hosted on line on our servers. The initial installation of NETdesk on our servers is free for Basic and Plus licences and costs 1500.- CHF for the Company licence. If the customer wishes to have these files on its own server, a base price of 2500.- CHF will be invoiced.
The Company licence includes no guarantee for the backup of databases or files which are not hosted in our cloud, backups will have to be made by the customer.
Under no circumstances will you have access to the databases on the hosted applications.
For the Basic and Plus licences, all interventions or training by NETmanage SA on the application are invoiced to the customer at 140.- CHF/hour. Support is included in the Company licence.
The maximum monthly traffic generated by the application is unlimited.
Article 2 : Payment of invoices
Invoices are issued for the 12 coming months and are payable within 30 days. They are not subject to postal reminders or reminder fees.
15 days following the due date of each invoice, an electronic message is sent to the contact email address for the contract.
30 days following the due date of an unsettled invoice (of any amount), the account will be automatically blocked.
If the Customer does not make contact within 60 days following the due date of the invoice, the account will be terminated and the data will be irrevocably destroyed, without any entitlement to compensation or damages for the customer.
Following an unpaid invoice, the account may only be unblocked on reception of a proof of payment (confirmation from our bank, online payment by credit card, etc). No other indication of payment will be taken into account.
Article 3 : Responsibilities
The Customer bears full responsibility for the use which is made of the space put at its disposal pursuant to this licence agreement.
The Customer agrees to keep secret all passwords and access codes issued by NETmanage. It must also inform NETmanage if it becomes apparent that a third party possesses the passwords or access codes. If unauthorised persons use this confidential data, the Customer accepts full responsibility for actions arising therefrom. NETmanage may preventively suspend access to an account if it has sufficient reason to suspect that an unauthorised third party is using it or has access to it.
The Customer guarantees that all information supplied to NETmanage is correct and complete. This information must be kept up to date at all times. Incomplete information must be completed. PO boxes must always be accompanied by the real address (street and number) of the company or individual signing the contract.
NETmanage communicates all information to its customer solely by email. This is why the contact email address supplied by the customer must be kept up to date and verified. Under no circumstances can NETmanage be held responsible for messages sent to such addresses and which remain unread.
NETmanage never resells information obtained in the course of its activities and treats it with all due confidentiality.
NETmanage undertakes to provide the best service possible to the customer, but NETmanage SA can not be held responsible for possible technical problems beyond its control, such as breaks in connection, overloading of lines or material breakdowns. Under no circumstances will the customer be entitled to claim damages or compensation resulting from technical problems of any description.
NETmanage reserves the right to refuse and/or terminate the hosting of content deemed as against morality or against the line of conduct required by it, without providing justification. Furthermore, should the hosted information contain indications, remarks or any other element against Swiss law, as well as against that of OECD member states, the Customer bears sole liability before the courts. By signing, it undertakes to reimburse NETmanage SA for all outlay or other expenses, without exclusions, if due to the information hosted by NETmanage SA, NETmanage SA were to be recognised as an accomplice in the Customer’s illegal acts. The Customer has complete freedom with regard to its space in our cloud, on condition that it complies with the laws and regulations of Switzerland and the member states of the OECD. In particular, it is forbidden to publish any form or content associated directly or indirectly :
- with pornography
- with eroticism in all its forms
- with paedophilia
- with pirated programs
- with racism
- with MP3 formats and derivatives subject to copyright
- with online gambling (electronic casinos, etc.)
- with peer to peer software (e2dk, torrent, etc.)
- with illegal activities
Article 4 : Confidentiality
The confidentiality of your data is capital. When you subscribe, we have to ask you for personal details (surname, first name, telephone number, mobile number, email address, etc). This information is held in our databases and is used solely to identify you as the holder of a contract or when you contact our support team. The information is treated with the greatest respect and is neither sold nor distributed, for any reason whatsoever.
We do everything possible to prevent access to the data, as well as to its alteration or disclosure.
Article 5 : Duration and termination of the contract
Invoices are issued for 12 months and are payable within 30 days. They are not subject to postal reminders or reminder fees.
The licence agreement is set up for a minimum of 12 months, with tacit renewal from year to year, except on termination by the Customer.
A request for termination may be made in any manner (electronic, paper, oral, etc.) but, in order to be valid, it must be confirmed by the person named on the licence contract. In this connection, NETmanage will send a termination confirmation request by email to check the authenticity of the request.
Early termination by the Customer is possible at any time, on condition that the termination is authenticated. Such terminations do not give rise to any reimbursement.
Article 6 : Modifications to the general conditions
This document is subject to modifications over time and the version in application is always available on our website. It can be consulted freely at any time.
Article 7 : Place of jurisdiction and applicable law
Any dispute connected to this contract, its conclusion, its execution or its termination is subject to Swiss law, the exclusive jurisdiction being that of Neuchâtel subject to appeal to the Federal Court in Lausanne. NETmanage SA will endeavour to comply with judgments by the authorities of OECD member states.