Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Services: what Propulsar Sarl makes available to Customers, in particular.
Content: all the elements constituting the information available on www.pro-pulsar.com, in particular the “Propulsar Cyber Academia” Library, in particular texts – images – videos.
Customer Information: hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by Propulsar Sarl for the management of customer accounts, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the site www.pro-pulsar.com
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the www.pro-pulsar.com website, and in particular the “Propulsar Cyber Academia” library for companies and all sites published by Propulsar Sarl, are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Propulsar Sarl – SIREN: 539740399 – VAT number: FR15539740399
– 27 rue de la Vrière 44240 La Chapelle-sur-Erdre – France
Publication manager: Luc Chrétien – firstname.lastname@example.org
Host: o2switch – 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand – France
Telephone: +33 4 44 44 60 40
Data Protection Officer: Luc Chrétien email@example.com
The present general conditions of use of the Propulsar Cyber Academia Library (hereinafter the “General Conditions”) are concluded between the person designated in the online account (hereinafter the “Customer”) and Propulsar Sarl.
ARTICLE 1. PURPOSE
The General Terms and Conditions define the terms and conditions of access and use by the Customer of the Propulsar Cyber Academia Library offered by Propulsar Sarl, hereinafter the “Library”, for a Trial Period as described on the website https://www.pro-pulsar.com/
The Customer wishes to benefit from online training modules curated by Propulsar Sarl. The Customer has approached Propulsar Sarl and has decided to subscribe to the Contract, after having understood all the functionalities offered by the Library. The Customer acknowledges that he has received from Propulsar Sarl all the information on the Library that would allow him to determine the suitability of the Library to his needs.
The Customer is the sole contracting party of Propulsar Sarl. He is responsible for payments due under the Contract and for compliance with the Contract and the conditions of execution or non-execution thereof by himself and by the persons under his responsibility authorised to use the Media Library (hereinafter, the “Users”).
ARTICLE 2. ACCOUNT OPENING
The Customer must be a natural or legal person. Accounts created by robots or automatic methods are forbidden. The Customer must provide his full identity, a valid email address and all the mandatory information required to create an online account. The Customer must create as many logins as there are Users. Each User will have a personal login and password. The login is personal and cannot be used by several Users.
ARTICLE 3. OBLIGATIONS OF PROPULSAR SARL
Propulsar Sarl undertakes to implement the means to ensure continuity and quality of access to the electronic platform hosting the Library during the usual opening hours in France, i.e. from Monday to Friday, from 8am to 7pm, Paris time, excluding French public holidays (the “Opening Period”).
Maintenance operations on the Library (hereinafter, the “Maintenance”) will be carried out outside the Opening Period. The Library may not be accessible during the Maintenance. Propulsar Sarl will endeavour to give the Customer at least forty-eight (48) hours’ notice of any Maintenance scheduled during the Opening Period, except in cases of emergency.
Propulsar Sarl will provide the Client with the guarantee that the Media Library presents all the conditions and security measures in accordance with the rules of the trade. The Customer’s personal data, collected during the use of the Library, will be stored on secure equipment in application of technical standards in accordance with the rules of the art and for the entire duration of this Contract.
ARTICLE 4. OBLIGATIONS OF THE CLIENT
The Client declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet and the response times for consulting, querying or transferring information. The Customer declares that he is aware of the security measures put in place by Propulsar Sarl, but acknowledges that due to the characteristics of the Internet, security is an obligation of means for Propulsar Sarl. In particular, Propulsar Sarl cannot be held responsible for the unavailability of the Library due to its service providers.
Propulsar Sarl declines all responsibility for the reliability, sincerity, accuracy or relevance of the information made available through the Library by the Client and the Users. The Customer is solely responsible for the aforementioned information with regard to third parties. Consequently, the Customer guarantees Propulsar Sarl against any claim or action by a third party based on this information and will indemnify Propulsar Sarl against all consequences (damages, costs, including legal fees, etc.) or any sentence pronounced in favour of the said third parties against Propulsar Sarl by an enforceable court decision.
The Customer undertakes, for himself and the Users, not to pursue illegal objectives, to download, transmit or disseminate viruses, illicit, malicious, deceptive content, content that offends against good morals, third parties or their rights, or that encourages the pursuit of illegal activities, not to interfere with or interrupt the Library, the servers or the networks connected to the Library.
Propulsar Sarl does not control the validity or legality of the data entered or accessed by the Customer and of the activities carried out by the Customer through the Library. The Customer is responsible for its data, for any content that it or the Users disseminate(s) or for the use that it and the Users make of the Library and, more generally, for the compliance of the Customer and the Users with the regulations, and guarantees Propulsar Sarl against any request from a third party in this respect and will compensate Propulsar Sarl for the consequences (damages, condemnations, costs, including legal costs, etc.) of such a request. It is the Customer’s responsibility to ensure that he/she has the hardware, software and means to use the Library.
The Client undertakes not to modify, reproduce or pirate the Library and/or not to modify or create another website in order to mislead potential clients into thinking that this website is associated with the Library.
The Customer undertakes not to reproduce, duplicate, copy, sell, resell, or exploit all or part of the Library or the use of or access to the Library.
The Customer undertakes not to transmit any virus or other code likely to cause malfunctions of the Library or to damage it.
The Customer confirms that it is interested in using the Library for the training of its employees, partners or customers. It must not use the Library to test its performance and functionality with the aim of offering competing services.
If the Customer’s bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (determined by Propulsar Sarl) of other Propulsar Sarl customers, Propulsar Sarl reserves the right to immediately deactivate the Customer’s account until he reduces his bandwidth usage.
In case of non-compliance by the Customer or a User with any of the obligations incumbent upon them individually or collectively, Propulsar Sarl reserves the right to suspend access to the Library, after an email informing the Customer of such suspension. This right of suspension is without prejudice to Propulsar Sarl’s other remedies and in particular its right to terminate the Contract.
ARTICLE 5. DURATION OF THE TRIAL PERIOD
The Contract is concluded for an initial trial period of fourteen (14) calendar days (“Trial Period”) starting from the date of opening the customer account (the “Effective Date”).
This free trial period is intended to allow the Customer to evaluate the features of the Library.
At the end of this free trial period, the Contract is not automatically renewed. The absence of renewal of the Contract will not give rise to any compensation. All data entered in the Library and all possible customizations made to the Library by the Customer during the trial period and, more generally, during the Contract will be definitively lost at the end of the Contract unless the Customer makes a prior request to Propulsar Sarl which will invoice him for the costs related to the recovery of these data.
ARTICLE 6. TERMINATION
In the event of the Customer failing to fulfil any of its obligations and not remedying them within eight (8) days of receipt of a formal notice sent by registered letter with acknowledgement of receipt, Propulsar Sarl may automatically terminate the Contract, without prejudice to the other remedies at its disposal.
The Contract may be terminated in the event of non-payment of an amount due under the Contract, which has not been settled within eight (8) days of formal notice to this effect, without prejudice to the damages to which Propulsar Sarl may be entitled.
In the event of late payment of an invoice associated with the use of the Library, Propulsar Sarl reserves the right to suspend access to the Library. All sums paid to Propulsar Sarl by the Customer on the date of termination of the Contract shall remain acquired and Propulsar Sarl shall be entitled to demand immediate payment of any sum invoiced or remaining to be invoiced in respect of the Contract.
ARTICLE 7. FINANCIAL CONDITIONS
The use of the Library during the trial period is free of charge. This free use applies only once for the same Customer.
On the subscription date (the “Subscription Date”), the Customer must pay the price for use of the Library for the month in advance. The price is calculated on the basis of the number of Users registered on the Subscription Date. An adjustment will be made for Users who have been registered between the Subscription Date and the date of the first subsequent invoice.
Invoicing is carried out each month, on the Subscription Date, on the basis of the number of Users who are registered on that date. An adjustment will be made for Users who have been registered between this date and the date of the first following invoice.
Propulsar Sarl reserves the right to revise the price of access to the Library by notifying the Customer by email via the administrator account. This new price will take effect two (2) months after this notification, the Customer having the option to terminate the Contract during this period. Continuation of the Contract shall constitute acceptance of the new tariff.
All invoices shall be payable within five (5) days of their date of issue. Without prejudice to other remedies available to the parties, failure to pay an invoice on the due date relating to the use of the Library shall automatically entail, in addition to its immediate payment, the invoicing of late payment interest calculated on the basis of a rate equal to five times the legal interest rate applied to the sums remaining due as from the due date.
If Propulsar Sarl is obliged to entrust the collection of its debt to a third party, the Customer will be liable, in addition to the above-mentioned late payment interest, for the reimbursement of the costs and fees incurred for the collection.
ARTICLE 8. MANAGEMENT OF THE CONTRACT
Propulsar Sarl will communicate with the Customer by email via his administrator account. The Customer will use his administrator account to communicate to Propulsar Sarl the list of Users entitled to access the Library.
The Customer is fully responsible for the acts of the Users with regard to Propulsar Sarl and with regard to third parties, including acts of representation of the Customer related to the execution, non-execution or modification of the Contract or the Library, notified by Propulsar Sarl by email to the Customer or accepted by a User, who is, in accordance with the Contract, deemed to be acting in the name and on behalf of the Customer.
In the event of modification of the general conditions of use of the Library by Propulsar Sarl, each modification will automatically become part of the Contract as from one or other of the events referred to in the preceding paragraph.
ARTICLE 9. INTELLECTUAL PROPERTY AND OWNERSHIP OF HOSTED DATA
The Customer retains full ownership of the data hosted on the platform. Propulsar Sarl reserves the right to duplicate them for hosting and backup purposes.
All copyrights, trademarks and other intellectual property rights (whether or not they are registered) as well as any other property rights or other rights relating to the Library, the interfaces and specific developments arising from it for the purposes of integration into the Customer’s information system, the user guides and the related documentation (hereinafter referred to together as the “Rights”) are and will remain in all circumstances the exclusive property of Propulsar Sarl or its licensors.
The Customer shall be exclusively responsible for the direct and indirect consequences of the intervention of a third party or a User on the Library and shall indemnify Propulsar Sarl against all consequences (damages, costs, including legal fees, etc.) and any resulting sentence, including against third parties, pronounced by an enforceable court decision, without prejudice to other remedies and indemnities available to Propulsar Sarl in accordance with the Contract.
Data published by the Customer: the Customer reserves the right for Propulsar Sarl to publish, duplicate, copy, exploit and retain the data publicly displayed by the Customer through the Media Library’s functionalities.
ARTICLE 10. THIRD PARTY RIGHTS
Propulsar Sarl guarantees that it has all the necessary rights for the Customer to have access to the Media Library, provided that the Customer uses this access in accordance with the provisions of the Contract. Propulsar Sarl guarantees the Customer against any action for infringement due to the use of access to the Library in accordance with the Contract and will indemnify the Customer for any sentence pronounced against him on this basis resulting from a court decision that has become final.
In the event of a ban on the use of all or part of the access to the Library, Propulsar Sarl undertakes, at its own discretion and at its own expense, either to obtain the right for the Customer to continue to use the access to the Library, or to replace the Library in question with an equivalent application, or to modify the Library in question so that it is no longer infringing. If, at the sole discretion of Propulsar Sarl, none of the three solutions above were feasible or financially relevant, Propulsar Sarl undertakes to reimburse the Customer for any sum already paid during the month preceding the event giving rise to the damage. This guarantee does not include any element supplied by the Customer or data accessible via the Library, but which does not constitute one of the elements supplied by Propulsar Sarl to the Customer and is exclusive of any other recourse against Propulsar Sarl. This provision applies only at the end of the free trial period.
In the event that the Customer is informed of any case of infringement of the Library, he undertakes to immediately notify Propulsar Sarl who will remain the sole defender of his rights.
ARTICLE 11. SECURITY
Access to the Software will be done remotely, via the Internet network, in the form of “Service as a Software” or SaaS.
The use of identifiers and passwords (hereafter, the “Access Codes”), which will be communicated by Propulsar Sarl to the Customer, will be necessary to access the Software at each connection.
The Customer is solely responsible for the conservation, security and integrity of the Access Codes communicated by Propulsar Sarl to the Customer or a User and undertakes to inform Propulsar Sarl of any loss or misuse of the Access Codes, as soon as possible and by any means, provided that he confirms without delay to Propulsar Sarl such loss or misuse by registered letter with acknowledgement of receipt. Until Propulsar Sarl receives such confirmation by registered letter with acknowledgement of receipt, any action carried out by a User on the Library will be deemed to have been carried out by the Customer and will be the sole responsibility of the Customer with regard to Propulsar Sarl and third parties.
Propulsar Sarl reserves the right to suspend access to the Library in case of legitimate suspicion of fraudulent use or attempted fraudulent use of the Library. Propulsar Sarl will inform the Client as soon as possible of such an occurrence.
ARTICLE 12. GUARANTEES
The parties acknowledge that, despite the high level of security standards implemented by Propulsar Sarl :
(i) the data transmitted via the Internet transit through independent electronic communication networks with distinct characteristics and capacities and which are sometimes overloaded,
(ii) the Internet is an open network and, consequently, the information transmitted by this means is not protected against the risks of diversion, fraudulent, malicious or unauthorised intrusion into the Customer’s information system, hacking, extraction or unauthorised alteration of data, system programmes and files, contamination by computer viruses, and
(iii) it is the Customer’s responsibility to take all appropriate measures including awareness and control of its Users’ activities in order to protect their information system and data against contamination by viruses and unauthorised intrusion attempts by third parties.
Consequently, the Customer uses access to the Library at its own risk.
The Customer declares and guarantees to Propulsar Sarl that all operations carried out by him, including the Users, directly or indirectly thanks to the Software, will comply with the legislation applicable to his activities and the Contract.
ARTICLE 13. RESPONSIBILITY
Propulsar Sarl can only be held responsible for its own acts under the Contract and cannot be held responsible for any indirect damage that may result from the use of the Library, including loss of profits, profit, image, clientele, activity, reputation or expected gain, time spent by employees or service providers or loss of chance.
Propulsar Sarl shall not be held responsible for the content of any nature whatsoever, provided or made accessible by the Customer and the Users, through the Media Library (hereinafter, the “Content”).
The Customer grants Propulsar Sarl a non-exclusive license to use, reproduce and exploit the rights to the Content, including modifications and translations, on any medium for the entire legal period of protection of the Content. Propulsar Sarl guarantees the Customer that the Customer’s Content will not be sold and/or transferred to a third party under any circumstances. The Customer acknowledges and guarantees that it holds the necessary and sufficient rights to the Content. The Customer does not guarantee Propulsar Sarl against any claim or action by a third party concerning the Content. The Client shall indemnify Propulsar Sarl against all consequences (damages, costs, including legal fees, etc.) or any sentence pronounced in favour of the latter against 360Learning SA by an enforceable court decision.
The Client guarantees Propulsar Sarl that the Content is legitimately and legally posted online and does not contravene good morals and rules of public order applicable to the Client’s Content and activities, and does not infringe the rights of Propulsar Sarl or third parties. The Customer grants Propulsar Sarl an exclusive licence to use this Content for the purposes of the performance of this Contract. The Customer shall not hold Propulsar Sarl harmless against any harmful consequences resulting from the Content made accessible by the Customer or Users via the Library.
Furthermore, Propulsar Sarl cannot be held responsible for the transmission or quality of data transmission, the quality and availability of data transmission networks or interruptions in service, blockages or interruptions in the means of transmission and telecommunications or the inaccessibility of the Library due to maintenance, malfunctioning of the Customer’s equipment or electronic communication networks.
Propulsar Sarl cannot be held responsible for indirect damage. Indirect damages are considered to be immaterial damages, in particular costs, including legal fees.
In any case, Propulsar Sarl’s liability can only be incurred as a result of a final court decision, provided that legal action has been taken against it within thirty (30) days of receipt of the invoice covering the period of occurrence of the event giving rise to this liability and cannot exceed, all causes combined, an amount equal to one thousand (1,000) euros. The ceiling of one thousand (1,000) euros shall be waived in the event of fraud or gross negligence on the part of Propulsar Sarl.
The introduction of a claim of any kind by the Customer shall not authorise the Customer to withhold payment of a sum resulting from the Contract and due for payment.
ARTICLE 14. FORCE MAJEURE
The Parties shall not be liable in the event of it being impossible to perform the Contract due to a case of Force Majeure, as defined by French case law. In addition, any act of terrorism, war, whether foreign or civil, earthquake, fall of an aircraft or plane, fire, flood, storm or any state of natural disaster, strike outside the party invoking the case of Force Majeure, deterioration, suspension or alteration of the network, or any other act of terrorism, shall be deemed to be cases of Force Majeure for the purposes of the Contract, suspension or alteration of an electronic means of communication used in the framework of the services, energy restrictions, governmental, legal or regulatory restrictions, and more generally all facts or events beyond the control of Propulsar Sarl preventing the normal execution of the Contract.
In the event of a Force Majeure event extending beyond thirty (30) consecutive days, each Party will have the option of terminating the Contract by notifying the other Party by registered letter with acknowledgement of receipt.
ARTICLE 15. NOTIFICATIONS
Unless otherwise provided, all notices and communications shall be given to a Party by email via the Client’s administrator account. Any Party may change its contact details by notifying the other Party in accordance with this Article.
ARTICLE 16. CONFIDENTIALITY
The Parties undertake not to use and to maintain the confidentiality of any information they may receive concerning the other Party, of any documents and information exchanged between them under the Contract, except for the strict requirements of the performance of the Contract. This obligation shall survive the termination of the Contract for any reason for a period of two (2) years.
This obligation of confidentiality and non-use shall no longer apply in the event that the information and/or documents fall or have fallen into the public domain through no fault of the Party that received them, or in the event that a Party is required to respond to a court order or a request for disclosure from a public authority empowered by law, subject to informing the other Party so that the latter may put forward its arguments to oppose such disclosure.
ARTICLE 17. EVIDENCE
The Parties agree that all data, information, files and any other digital element exchanged between the Parties shall constitute admissible, valid and opposable evidence with the evidential force of a private deed.
The Parties undertake not to contest the admissibility, validity, enforceability or evidential value of the aforementioned elements of an electronic nature or format, on the basis of their electronic nature. In the absence of proof to the contrary, these elements shall be valid and enforceable between the Parties in the same way, under the same conditions and with the same evidential value as any document drawn up, received or kept in writing. The provisions of this paragraph apply in particular to the notification by Propulsar Sarl to the Customer of modifications to the Contract or to their acceptance by a User under the conditions referred to in ARTICLE 8 above “Management of the Contract”.
The provisions of the previous paragraph are not applicable to notifications between the Parties provided by registered mail with acknowledgement of receipt.
ARTICLE 18. REFERENCES
Each Party will have the possibility of mentioning commercial references relating to the other Party in communication and publication media relating to the Media Library.
ARTICLE 19. PERSONAL DATA
Access to and use of the Software may give rise to the collection and processing of personal data, the use of which is subject to the provisions of the applicable laws on data protection. Propulsar Sarl guarantees the Customer that personal data relating to the Customer will only be disclosed to the persons in charge of using the Library. Propulsar Sarl guarantees to the Customer that the personal data relating to the Customer and for which Propulsar Sarl is responsible for processing will not be sold and/or transferred to a third party under any circumstances.
The Customer undertakes to inform the Users concerned and the persons whose data is entrusted to Propulsar Sarl within the framework of the Library subscribed to, of the fact that they have a right of access to their personal data and to rectify it, which can be exercised with Propulsar Sarl under the conditions provided for by the law. In addition, the use of the Library may involve the use of “cookies”, which are essential for the functioning of the Software.
ARTICLE 20. MISCELLANEOUS PROVISIONS
The fact that Propulsar Sarl does not exercise its rights under the provisions of the Contract shall not be interpreted as constituting a waiver of these rights.
Each of the Parties undertakes, for the duration of the Contract and two years after the end of the Contract for any reason whatsoever, not to recruit or attempt to recruit staff from the other Party, unless the other Party gives its prior written consent.
In the event of a breach, the Party at fault undertakes to pay the other Party, without prejudice to the other remedies available to it, compensation equal to the amount of the gross salaries received during the twelve (12) months prior to the departure of the staff concerned.
Except with the prior written agreement of the other Party, each Party shall refrain from assigning or transferring to a third party all or part of its rights or obligations under the Contract.
The Customer acknowledges and accepts that Propulsar Sarl may call upon subcontractors and use agents for the purposes of executing the Contract.
If any provision of this Contract is or becomes illegal, void or unenforceable, this shall not affect the validity or enforceability of any other provision of the Contract.
This Agreement supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any kind whatsoever with respect to its subject matter.
This Contract is subject to French law, which shall also govern its interpretation and application.
The Courts of Nantes shall have exclusive authority over any dispute arising from the Contract and its amendments, including, but not limited to, its existence, validity, interpretation, performance and/or termination as well as any consequences resulting therefrom, notwithstanding multiple defendants, third party proceedings or summary proceedings.