Terms of sales
The following was previously stated:
Opendo, a simplified joint-stock company with a capital of 586 460 euros, having its registered office at 213 Rue du Faubourg Saint Martin 75010 PARIS, registered with the Paris Trade and Companies Registry under number 850 778 960 00011 (hereinafter referred to as "Opendo", or the "Provider") publishes and markets software and applications for businesses, operating in particular in SaaS mode; in other words, to use Opendo's software and applications, users may need to connect to Opendo's computer servers via the Internet.
Users must have subscribed to a subscription with the Opendo company in order to benefit from the possibilities of using and customizing the content of the applications offered by Opendo.
This software in Saas mode is also called "Applications".
The Service Provider is a provider of Software as a Service, i.e. applications leased online (known as a Saas provider) to a Customer.
The Customer is aware of the services offered by the Service Provider and has read on the website www.opendo.fr, the functional scope of the Applications offered by the Service Provider. After having verified their adequacy in relation to its own needs, the Customer has decided to take out a subscription with Opendo.
The Customer acknowledges having received from the Service Provider all the necessary information enabling it to assess the suitability of the Applications for its needs and to take all useful precautions for its use.
This exposes, it was agreed as follows:
ARTICLE 1 - DEFINITIONS
Capitalized terms in the Agreement, whether used in the singular or plural, shall have the meanings set forth below.
Application: means the software developed by the Service Provider.
Customer or Subscriber: refers to the person, natural person or legal entity, having validated a first order.
Agreement: means these general terms and conditions of sale, the special terms and conditions and their appendices.
Data: means the information in the Customer database, the use of which is the subject of this Agreement. The Data does not include the Customer's operating data, in particular those used with the application (session content, participant publications).
Personal Data: means any information relating to an identified or identifiable natural person (hereinafter referred to as the "Data Subject"); an "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.
Identifiers: shall designate the data that the Subscriber must enter in order to subscribe to the Opendo Animator Application or the identifiers entered by the User of the application.
Internet: refers to the set of interconnected networks, which are located in all regions of the world.
User: designates the person to whom the Customer has given access to the Host Application by transmitting Identifiers pursuant to the subscription contracted by the Customer.
Parties or the Parties: means together the contracting parties, i.e. the Customer and the Service Provider. Used in the singular, the word Party shall designate one or other of the contracting parties.
Participant: refers to the person who participates in the work session or training through the Participant Application.
Controller: means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or the law of a Member State, the Controller may be designated or the specific criteria for his or her designation may be provided for by Union law or the law of a Member State.
GDPR : means the European Regulation EU 2016/679 on the Protection of Personal Data of 27 April 2016 repealing Directive 95/46/EC.
Processing of personal data: means any operation or set of operations, whether or not carried out using automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or interconnection, limitation, erasure or destruction.
ARTICLE 2 - PURPOSE
The purpose of the Agreement is to define the terms and conditions applicable to the relationship between the Service Provider and the Customer.
The Service Provider consents to the Customer's acceptance of this Agreement:
- A right of end use of all or part of the Application;
- A set of services defined hereafter, in particular Data hosting, maintenance of the Application, technical support.
The Service Provider shall ensure the hosting and backup of the Data, the maintenance and security of the Application.
The services are provided in accordance with the Quality Charter appearing in Appendix 2.
ARTICLE 3 - CONTRACTUAL DOCUMENTS
The Agreement and the documents entitled "Appendices" constitute the entirety of the commitments existing between the Parties. They supersede and replace any prior oral or written undertakings relating to the subject matter of this Agreement.
The Agreement consists of the following contractual documents presented in descending order of legal value:
- The specific terms and conditions of this Agreement ;
- The present general terms and conditions of sale ;
- And its appendices.
In the event of a contradiction between one and/or more provisions contained in any of these documents, the document of higher rank shall prevail.
The appendices to this document, which form an integral part of the Agreement, are as follows:
- Appendix 1: Hardware and Network Prerequisites.
- Appendix 2: Quality Charter.
- Schedule 3: Reversibility Plan.
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in the Agreement, regardless of the frequency and duration thereof, shall not constitute an amendment to the Agreement, nor be likely to create any right whatsoever.
ARTICLE 4 - EFFECT AND DURATION
The Agreement will take effect from the date of the validation of the Customer's first order on the Service Provider's website, its signature, the signature of the quotation or the first payment.
The duration of the subscription is chosen by the Customer on the site at the time of subscription or in the special conditions linked to a framework contract.
The subscription is automatically renewed by tacit agreement for the same duration as the initial subscription.
ARTICLE 5 - DESCRIPTION OF THE APPLICATION
The Application includes different activities that allow the facilitator to interact with participants.
The list of available activities can be found at www.opendo.fr.
The Service Provider makes the Application available to the Customer on its server via the Internet and partner download sites.
Under the terms of Article 7 "Subscription" below, the Service Provider grants the Customer the right to use, on a non-exclusive basis, the Application to which it subscribes.
5.2 ACCESS TO THE APPLICATION
The Customer's Users may connect to the Application at any time - with the exception of maintenance periods as defined in Article 8 below -, namely :
- 24 hours a day,
- 7 days a week,
- Including Sundays and holidays.
The access is done :
- from any device allowing the use of an Internet browser (and in compliance with the prerequisites described in Appendix 1)
- by means of the Customer or User's Identifiers.
5.3 CONFIDENTIALITY OF IDENTIFIERS
The Identifiers are intended (i) to reserve access to the Application, which is the subject of the Agreement, to the Customer's Users, (ii) to protect the integrity and availability of the Application, and (iii) the integrity, availability and confidentiality of the Customer's Data.
The Identifiers are personal and confidential. They may be changed at any time by the Customer within the Application.
The Customer undertakes to keep its Identifiers secret and not to disclose them in any form whatsoever.
The Customer is fully and solely responsible for the use and custody of the Identifiers. It shall ensure that no person not authorized by the Service Provider has access to the Application.
In the event of loss or theft of one of the Identifiers, the Customer shall use the functionality provided in the Application to modify the lost or stolen Identifiers without delay.
If the Customer is no longer aware of any of its Users' Identifiers, it may request the Service Provider to reset its Identifiers, which will then be invoiced at €19 (excl. VAT) per User.
ARTICLE 6 - QUALITY OF THE APPLICATION
The Customer is warned and accepts the technical hazards inherent to the Internet, and the access interruptions that may result.
Likewise, the Customer is aware of and accepts the technical risks inherent in the use of digital devices and the risks of access, operation or display that may result.
Consequently, the Service Provider shall not be held liable for any unavailability or slowdown of the Application.
The Customer acknowledges that the Service Provider is not able to guarantee the continuity of the Application, executed via the Internet or via a local network.
The Service Provider guarantees the implementation of the Application in accordance with the Quality Charter set forth in Appendix 2.
Access to the Application may occasionally be suspended due to maintenance work required for the proper functioning of the Service Provider's servers. In the event of an interruption in access to the Application for maintenance, the Service Provider undertakes to comply with the procedure for operations described below in Article 8 "Maintenance" so that the Customer can be informed of the interruption as well as possible, and so that it can make arrangements sufficiently in advance to avoid any disruption to its business.
The Service Provider shall not be held liable for any impact that this unavailability may have on the Customer's activities.
ARTICLE 7 - SUBSCRIPTION
The Service Provider grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Application, for the entire duration of the Agreement and for the entire world.
The Customer may only use the Application in accordance with its needs and their documentation to the exclusion of any other purpose.
The right of use means the right to implement the Application in accordance with its destination, in SaaS mode via an Internet or local connection.
The Customer strictly prohibits any other use of the Application, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. Likewise, the Customer guarantees the proper use of the Application by its Users and Participants.
ARTICLE 8 - MAINTENANCE
The Service Provider takes charge of the corrective and evolutionary maintenance of the Application.
Concerning the corrective maintenance :
A telephone support service to handle anomalies is available from Monday to Friday from 10am to 12pm and from 2pm to 5pm.
Anomaly reports must be confirmed by e-mail. The Service Provider will diagnose the anomaly and then implement its correction.
(a) In the event of a blocking anomaly, the Service Provider shall make every effort to correct the blocking anomaly as soon as possible by proposing a workaround if necessary.
(b) In the event of a minor anomaly, the Service Provider will propose the correction of the minor anomaly in a new version of the Application that will be delivered as part of the evolutionary maintenance.
The Service Provider will not proceed with maintenance in the following cases:
- Refusal by the Customer to collaborate with the Provider in the resolution of the anomalies and in particular to answer questions and requests for information;
- Use of the Application in a manner that does not conform to its purpose or documentation;
- Unauthorized modification of the Application by the Customer, a User or a third party;
- Failure of the Customer or Users or Participants to fulfill their obligations under the Agreement;
- Implementation of any software package, software or operating system that is not compatible with the Application;
- Failure of the electronic communication networks;
- Voluntary act of degradation, malevolence, sabotage;
- Deterioration due to a case of force majeure or misuse of the Application.
However, the Service Provider may, if possible, take charge of resolving the malfunctions caused by the cases listed above, at the Service Provider's rate in effect on the date of intervention.
Concerning evolutive maintenance:
As long as the Customer has access to the Application, the Customer benefits from updates and functional developments of the Application.
The Service Provider undertakes to make available to the Customer the updated documentation for new versions of the Application.
Corrections and changes to the Application are expressly subject to the Agreement.
The Customer acknowledges that interventions relating to this service may make the service temporarily unavailable. They are carried out, where applicable and except in the event of absolute urgency, on Tuesdays and Thursdays from 9:00 pm (Paris time).
ARTICLE 9 - TECHNICAL ASSISTANCE
The technical support service applies to the Application provided by the Service Provider and consists of assisting the Customer and the Users by telephone, by remote maintenance of any telephone or video conferencing system or by e-mail.
This service will not apply to considerations related to work environments, hardware operation, installation or troubleshooting of the OS.
The technical support service is free of charge for all Customers.
The technical support service is open from Monday to Friday from 10:00 am to 12:00 pm and from 2:00 pm to 5:00 pm at the following number: +33(0)1 40 05 97 68
The service is also possible by e-mail, via the dedicated address: email@example.com; requests are processed in the order of their arrival and according to the staff available to answer them, therefore without commitment of time.
The commitment of our teams to identify problems and provide rapid responses to our customers is maximum.
ARTICLE 10 - DATA PROCESSING
Law no. 2018-493 of June 20, 2018, promulgated on June 21, 2018, amended the "Data Processing and Liberties" law of January 6, 1978 in order to exercise some of the "national leeway" authorized by the GDPR.
It also amended certain provisions of the "Informatique et Libertés" law to bring them into line with the letter of the GDPR.
As the CNIL noted in its opinion on the draft law, a proper understanding of the legal framework requires a combined reading of the GDPR and the law of January 6, 1978, thus "consolidated".
In fact :
- Some of the provisions of the law of January 6, 1978, formally unchanged, are in fact no longer applicable in the field of the GDPR, which replaces it (for example: conditions of lawfulness of processing, right to information, etc.).
- The law of January 6, 1978 is not complete since it does not mention all the new rights or obligations set forth in the GDPR, which are nonetheless equally applicable (for example: right to portability, obligation to carry out impact analyses, etc.).
- It applies in a differentiated manner in overseas territories.
An order for a complete rewriting of the French Data Protection Act is planned within six months in order to meet these three challenges of legibility of the legal framework.
10.1 PERSONAL DATA (within the framework of the law "Informatique et Libertés")
If the Data transmitted for the purpose of using the Application include personal data, the Customer guarantees the Service Provider that it has fulfilled all of its obligations under the terms of the law of January 6, 1978, known as the "Informatique et Libertés" law, and that it has informed the individuals concerned of the use made of said personal data.
As such, the Customer guarantees the Service Provider against any recourse, complaint or claim from a natural person (Users, third parties, etc.) whose personal data would be reproduced and hosted.
10.2 USE OF THE DATA
The Customer assumes any editorial responsibility for the use of the Application.
The Customer is solely responsible for the quality, legality and relevance of the Data and content that it transmits for the purposes of using the Application. The Customer further guarantees that it is the owner of the intellectual property rights allowing it to use the Data and content.
Consequently, the Service Provider is released from any liability in the event of non-compliance of the Data and/or content with laws and regulations, public order or the needs of the Customer.
The Customer indemnifies the Service Provider at first request against any prejudice resulting from a third party or a User's claim for breach of this warranty.
More generally, the Customer is solely responsible for the content and messages broadcast and/or downloaded via the Application.
The Customer remains the sole owner of the Data constituting the content of the Application.
10.3 DATA SECURITY
Each Party undertakes to implement the appropriate technical means to ensure the security of the Data.
Subject to Article 17 "Liability" herein, the Service Provider undertakes to preserve the integrity and confidentiality of the Data contained in the Application. The Service Provider shall endeavor to implement technical and organizational measures to prevent any access or fraudulent use of the Data and to prevent any loss, alteration and destruction of the Data.
ARTICLE 11 - PROCESSING OF PERSONAL DATA WITHIN THE FRAMEWORK OF THE GDPR AND OPENDO ACTING AS DATA CONTROLLER
The establishment of the GDPR includes specific provisions for the protection of personal data.
Opendo collects personal data from its prospects and Clients within the framework of its own activity.
It is reminded that any person whose personal data has been collected by Opendo has a right of access, rectification, deletion, limitation of processing, opposition to processing and portability of personal data.
These requests can be made by mail to Opendo at the following address: Opendo -213 Rue du Faubourg Saint-Martin 75010 Paris, or by using the form on the "Contact" page of the Opendo website at the following address: https://www.opendo.fr.
It is also reminded that any person, whose personal data has been collected, has the possibility of lodging a complaint with a control authority such as the CNIL.
Opendo is registered with the CNIL under the reference N° DPO-91102.
11.2 TREATMENTS PERFORMED
The opendo.fr website allows for various processing of personal data.
The processing of personal data has as its objective the invoicing of the Customer.
The data is hosted on servers located in France.
All Opendo staff members authorized to process personal data are committed to respecting their confidentiality by signing their employment contract and/or its amendments.
11.4 SECURITY OF PROCESSING
The measures necessary for the security of the processing are described in Appendix 1: Technical Specifications in paragraph 3- DGR / personal data.
11.5 DELETION OF PERSONAL DATA
Depending on the choice of the Data Controller, Opendo will delete all personal data or return a copy of the personal data to the Data Controller and delete the existing copies on its systems.
11.6 ACCESS TO PERSONAL DATA
It is the responsibility of the Data Controller to grant access rights only to authorized persons.
In order to prevent any natural person having access to personal data from processing them without instructions from the Data Controller, the Data Controller shall ensure that personal data is only accessible for the time necessary for the processing it authorizes.
ARTICLE 12 - PROCESSING OF PERSONAL DATA WITHIN THE FRAMEWORK OF THE GDPR AND OPENDO ACTING AS A SUBCONTRACTOR
The establishment of the DPSP includes specific provisions for the protection of personal data.
Opendo collects personal data as a subcontractor of its subscribing Customers.
Since Opendo acts as a subcontractor of its subscriber Customers acting as the Data Controller (or as a subcontractor on behalf of its own Customers), Article 28 of the Regulation requires in particular that a contract must bind the subcontractor and the Data Controller. The present General Terms and Conditions of Sale materialize this contract.
As Data Controller, the Customer undertakes to comply with all of its obligations under the GDR.
The Customer acknowledges that he is the only one to have control and knowledge of the origin and nature of the personal data processed during the execution of the contract, in particular because he has the possibility to personalize the files entered in the software.
It is reminded that Opendo acts only as a subcontractor vis-à-vis its Clients and only processes personal data on the documented instructions of the Data Controller, including with regard to the transfer of personal data to a third country or to an international organization, unless it is required to do so by virtue of the law of the Union or the law of the Member State to which the subcontractor is subject; in this case, Opendo shall inform the Controller of this legal obligation prior to processing, unless the law concerned prohibits such information for important reasons of public interest.
12.2 RECRUITMENT OF SUBSEQUENT PROCESSORS
The Client accepts that Opendo uses subcontractors to carry out data processing operations on behalf of the Client.
The list of Opendo's subsequent subcontractors is accessible by Opendo Clients upon written request sent by e-mail to the following address: firstname.lastname@example.org.
Opendo undertakes to inform its Clients in the event of the addition or change of subcontractors. This information may be provided by any written means, including electronically. The Client will then have 10 (ten) days to formulate his possible objections. The Customer acknowledges that the fact of not having formulated an objection within the 10 (ten) day period is equivalent to an acceptance by the Customer of the new subcontractor.
If the Customer has formulated well-founded and documented objections, Opendo may provide additional information enabling the Customer to lift his objections.
If, despite this additional information, the Customer maintains his objections, the Customer's subscription will be terminated.
ARTICLE 13 - FINANCIAL CONDITIONS
Billing is done according to the process described below.
At each due date, the Service Provider shall issue an invoice for the corresponding commitment period.
Invoicing is due. Any committed period is deemed to be due in full.
13.2 COST OF THE SUBSCRIPTION
Subscription rates are available at www.opendo.fr.
These prices may change at any time without notice.
13.3 INVOICING OF ADDITIONAL SERVICES
Excluded from the subscription cost are the following services:
- Training services,
- Technical assistance services,
- Complementary development services,
- And more generally all services not included in the Saas offer.
These services will be quoted and invoiced separately.
13.4 TERMS OF PAYMENT
Unless otherwise specified, invoices issued by the Service Provider are payable upon receipt.
At the time of subscription, the Customer must pay its first invoice in order to have access to the Application. Online payment is made by credit card or SEPA direct debit, offline payment may be made by bank transfer.
In the event that a direct debit is rejected by the Customer's bank, the Service Provider will charge a fee of €60 (excl. VAT) per rejected direct debit, which will be immediately due and payable.
13.5 DEFAULT OF PAYMENT
In the case of a monthly subscription, failure to pay will result in the immediate suspension of access to the Application. The regularization of the payment shall result in the restoration of access to the Application. Late payment and its regularization shall not entail any modification of the effective date of the Agreement and its possible successive renewals by tacit agreement.
In the case of an annual subscription or a framework agreement, in prejudice of possible damages, the Customer's failure to pay an invoice within thirty (30) days after its issuance shall automatically entail the payment of damages:
- At the Service Provider's discretion, the immediate suspension of access to the Application for all Users registered by the Customer; in this case, in order to regain access to the Application, the Customer shall pay the Service Provider all invoices that have fallen due and the costs resulting from the late payment,
- The application of interest for late payment equal to the legal interest rate, increased by three hundred basis points without prior formal notice and starting from the first day of delay ;
- The invoicing of a fixed indemnity of 60 € HT,
- Additional bank and management fees (collection follow-up, reminders by mail and telephone, representation of direct debit rejections);
- Upon simple decision of the Service Provider, the automatic termination of the Agreement if the Service Provider deems it appropriate in accordance with the terms of Article 19.
ARTICLE 14 - OWNERSHIP
The Customer is and remains the owner of all of the Data that it uses via the Application under the Agreement.
The Service Provider is and remains the owner of the property rights relating to any element of the Application made available to the Customer.
The Agreement does not grant the Customer any ownership rights over the Application. The temporary availability of the Application under the terms and conditions set forth in the Agreement shall not be construed as the transfer of any intellectual property right to the Customer, within the meaning of the French Intellectual Property Code.
Neither does the adaptation of the Application at the Customer's request or the performance of a custom activity entail any ownership right of the Customer over the Application, even if such adaptations of the Application or the performance of a custom activity were paid for by the Customer, which the Customer expressly acknowledges.
The Customer shall refrain from reproducing any element of the Application, or any documentation, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
ARTICLE 15 - COMMERCIAL REFERENCE
Opendo reserves the right to mention the name and logo of the Customer on its website, or in its commercial presentation documents and to state that the Customer is using the Application; which the Customer accepts without any compensation.
ARTICLE 16 - GUARANTEE OF EVICTION
The Provider declares :
- That the Applications it has developed are original within the meaning of the French Intellectual Property Code,
- That it is the owner of all intellectual property rights that enable it to enter into the Agreement.
The Service Provider declares that the Applications are not likely to infringe the rights of third parties.
ARTICLE 17 - LIABILITY - FORCE MAJEURE
It is agreed between the Parties that :
- The obligations to be borne by the Service Provider are obligations of means;
- The Customer is solely responsible for the consequences resulting from the faults, errors or omissions of the Users and causing direct damage to the other Party.
17.2 FORCE MAJEURE
The Service Provider shall in no event be held liable for any damage in the event of an interruption or reduction in service by the telecommunications operator, the electricity supplier or in the event of force majeure.
The Service Provider shall not be held liable for any failure to perform its obligations under the Agreement if such failure results from a government decision, including any withdrawal or suspension of authorizations of any kind, a total or partial strike, whether internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of the telecommunications or electricity networks, an act of computer piracy or, more generally, any other event of force majeure having the characteristics defined by case law.
The Party observing the event shall, within a reasonable period of time, inform the other party of its inability to perform its service.
With the exception of what is provided for in Appendix 2 of this Agreement, the suspension of obligations or delay may in no case be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or late penalties.
ARTICLE 18 - INSURANCE
The Service Provider declares that it has taken out the necessary insurance to cover the risks associated with the exercise of its activity.
ARTICLE 19 - TERMINATION
The termination by the Customer must be done :
- For monthly subscriptions: by e-mail to the following address: email@example.com indicating his billing and identification details,
- For annual subscriptions and framework contracts, by mail with return receipt to the address of Opendo's head office, indicating your billing and identification details.
Termination must be subject to a notice period of :
- 48 hours before the anniversary date for monthly subscriptions,
- 1 month before the anniversary date for an annualized subscription or a framework contract.
Unsubscription takes effect on the next anniversary date. Any period started is due in full.
Notice of termination of the Agreement may be served to the Customer by any means, at the Service Provider's discretion, including by simple letter or email.
In the event of failure by one of the Parties to comply with any of its contractual obligations, the Agreement may be terminated by the other Party thirty (30) days after the sending of a letter of formal notice sent by registered mail with return receipt requested, which has remained unsuccessful. The formal notice shall indicate the defect(s) observed.
Termination by the Service Provider may also be triggered under the conditions described in Article 13.5.
In the event of termination, the Customer shall cease using any access code and shall no longer have access to the Application.
ARTICLE 20 - REVERSIBILITY
In the event of termination of the contractual relationship, regardless of the cause, the Provider shall comply with the reversibility plan as described in Appendix 3.
ARTICLE 21 - NON-SOLICITATION OF PERSONNEL
Each Party shall refrain from hiring or employing, directly or through an intermediary, any employee of the other Party without the express prior agreement of the latter. This waiver is valid for the entire duration of the Agreement and for the 12 (twelve) months following its termination.
In the event that one of the Parties does not respect this obligation, it undertakes to compensate the other Party by paying it immediately and upon request, a lump sum equal to 6 (six) times the employee's gross monthly remuneration at the time of his departure.
ARTICLE 22 - CONFIDENTIALITY
Each Party undertakes (and Customer shall hold itself and its Users and Participants harmless) to (i) keep confidential all information it receives from the other Party, including without limitation (ii) not to disclose the other Party's confidential information to any third party, other than employees or agents with a need to know such information; and (iii) not to use the other Party's confidential information except to exercise its rights and perform its obligations under the Agreement.
Notwithstanding the foregoing, neither Party shall have any obligation whatsoever with respect to information that (i) has fallen or would fall into the public domain through no fault of the Party receiving it, (ii) is independently developed by the Party receiving it, (iii) is known to the Party receiving it before it is disclosed to it by the other Party, (iv) would be legitimately received from a third party not under a duty of confidentiality, or (v) would be required to be disclosed by law or court order (in which case they shall be disclosed only to the extent required and after written notice has been given to the Party providing them).
The obligations of the Parties with respect to confidential information shall remain in force throughout the term of the Agreement and for as long as, after its expiry, the information concerned shall remain confidential to the Party disclosing it and, in any event, for a period of 3 (three) years after the expiry of the Agreement.
The Parties further undertake to ensure that these provisions are respected by their personnel, and by any employee or third party who may intervene in any capacity whatsoever in the context of the Agreement.
ARTICLE 23 - MISCELLANEOUS
Severability of clauses :
The nullity, lapse, lack of binding force or unenforceability of any of the provisions of the Contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain all their effects.
However, the Parties may, by mutual agreement, agree to replace the invalid provision(s).
Applicable Law :
The Agreement is subject to French law, to the exclusion of any other legislation.
The language of this Agreement is French, and in the event of a multilingual translation, the French version of the Agreement shall take precedence over the other versions.
In the specific case of disputes between professionals and/or merchants, the Commercial Court of Paris shall have sole jurisdiction to hear any disputes relating to these Terms of Sale and their implementation, including their validity, interpretation, execution, termination and consequences.
Election of domicile :
For the execution of the present Terms of Sale and their consequences, the Parties respectively elect domicile at their registered offices. Any change in the registered office or address of one of the Parties shall only be binding on the other Party eight calendar days after it has been duly notified.
Updated on 29/12/2020
APPENDIX 1: Technical specifications
1. Installation of applications
Install Adobe Air Runtime, if it is not present on the presenter's workstation: https://get.adobe.com/air
Install the application Opendo Animator or Opendo Participant (CF links below depending on the platform).
- For these 2 installations, it is necessary to have administrator rights on the animator's machine.
- Under Windows, at the first launch of the application, it is necessary to authorize incoming and outgoing communications.
Installation links for all platforms :
- Windows: https://www.opendo.fr/app/opendo-anim.air
- MacOS: https://www.opendo.fr/app/opendo-anim.air
- iOS: https://apps.apple.com/fr/app/opendo-animateur/id1501706657
- Android (Google Play): https://play.google.com/store/apps/details?id=air.fr.opendo.anim
- Android (direct link, if Google Play is not available) : https://www.opendo.fr/app/opendo-anim.apk
- Windows: https://www.opendo.fr/app/opendo-part.air
- MacOS: https://www.opendo.fr/app/opendo-part.air
- iOs: https://apps.apple.com/fr/app/opendo-participant/id1502259109
- Android (Google Play): https://apps.apple.com/fr/app/opendo-participant/id1502259109
- Android (direct link, if Google Play not available): https://www.opendo.fr/app/opendo-part.apk
Opendo can be used in 2 different ways, face-to-face or remote. Below are listed the prerequisites for each of these 2 ways of use.
In face-to-face :
- A stable Wifi connection (without disconnection).
- Port 6665 must be open in the firewall of the Animator's device and of the network (Wifi) on which the Animator and the Participants are connected.
- Port 5901 must be open in the firewall of the Host device and the network (Wifi) to which the Host and Participants are connected (this port is exclusively used for face-to-face QRCode activity).
Note: Beware of anti-virus software that acts as a firewall and may decide to close certain ports (above 1024).
In remote :
- An internet connection (Wifi, ADSL, fiber, 3G, 4G, 5G).
- The communication protocol used is: WebSocket (ws and wss).
- Servers used :
o ws://ratchet.opendo.fr (port 80).
o wss://ratchet.opendo.fr (port 443).
3. GDPR / personal data
Opendo Animator application
The data stored on the opendo.fr server concerns users with an Animator subscription. The data stored for these users are :
- First name,
The storage facility is located at Central Server SFR in Courbevoie, France.
The network access provider is Cogent.
Hosting and server security (https, SSL certificate, data backup) are operated by the company TJM, 213 rue du Faubourg Saint-Martin, 75010 Paris.
The Opendo Animator application records the Participants' content and publication data locally, i.e. in the Animator's device. These data are not sent to the opendo.fr server or to third parties.
The storage of the Animator's personal data is active only for the time of the Animator's subscription. As soon as the subscription is deactivated, the data is definitively deleted from the server.
Opendo Participant Application
The Opendo Participant application stores the following personal data locally:
- First name,
The correspondent and GDPR manager is :
Matthieu Corbex, Associate Product Manager.
Any request for consultation or deletion should be sent by e-mail to firstname.lastname@example.org or by using the form on the site on the "contact" page.
APPENDIX 2 : Quality of Service Charter
The Opendo Service Quality Charter is our commitment to offer you excellence in communication and service, but also in support and advice.
Our Quality of Service Charter responds to our desire to strengthen the quality of our services, particularly in a context where distance working and the desire to be able to rely on reliable tools has become essential.
Our Quality of Service Charter reflects the standards of quality, simplicity and precision in the service we provide to our customers, from independent consultants to the largest international groups.
1. A proximity of contact
We are committed to maintaining easy contact with our customers and our teams. For example, we maintain an up-to-date website with the latest methods to allow everyone to send messages to our teams.
At the same time, we guarantee access and availability of our teams to respond to our customers' requests and provide them with an adequate response.
At any time, we seek to propose the contact within our teams who will be best able to answer any question asked. This relies notably on the excellent information sharing of our teams internally.
Our external communication offers to our customers and to all our potential contacts, supports of all types, videos, guides, tutorials to discover, start and optimize the use of our tools. This permanent effort is the fruit of the work of our marketing and technical support teams to allow an efficient use of our tools.
We measure and evaluate with our customers the effectiveness of these exchanges and our communication through regular exchanges and regular telephone interviews and a quality questionnaire.
2. The management of your subscription simplified
Our goal is to make the management of your subscription as easy as possible.
Thus, we are always looking for :
- To accompany and assist you in the management of your subscription.
- To offer you, if necessary, the autonomy of subscription management for your teams thanks to an easy-to-use backoffice.
- To regularly analyze your needs and match them with our subscription formulas.
- To offer you a lighter administrative management.
- To guarantee you a payment process that is as simplified as possible.
- To allow you to receive the invoicing documents as quickly as possible.
3. To build a long-lasting relationship now and for the future.
We are permanently at your disposal. While we have a wealth of experience and client cases, your experience with us is unique. This is why we will constantly seek to offer you a quality service and build a rich and lasting relationship with you and your teams.
Our in-house teams will be able to listen to you and respond to your requests in order to guide you on an adequate response and to raise any question internally at Opendo. Of course, we are here to meet your specific needs and imagine together the best possible use of our services and build together if necessary the tailor-made solution.
4. Your opinion is essential for Opendo
We are looking for a constant improvement of our teams and tools. It is also through your comments and suggestions that we will be able to do so. It is therefore essential for us that you communicate them to us. You can therefore do so by mail or by email at the following coordinates:
213 rue du Faubourg Saint Martin
You can also find this information and contact information on our website:
APPENDIX 3 : Reversibility plan
The reversibility plan applies exclusively to the master agreement.
The Customer must submit its request for reversibility to the Service Provider by registered letter with acknowledgement of receipt within 1 month after the end of its subscription.
The Service Provider undertakes to return the Data free of charge and within a maximum period of 21 days, in the form of Excel files ™ or text files (CSV).
The Customer will actively collaborate with the Service Provider in order to facilitate the recovery of the Data.
At the Customer's request, the Service Provider may provide additional technical assistance services to the Customer and/or the third party designated by the Customer, in the context of reversibility. These assistance services will be invoiced at an hourly rate of €160 excluding VAT.