compuBase
 

General Sales Conditions


The general sales conditions are applicable and agreed as read and accepted with the first order and any following orders thereafter.


1- DATABASE OWNERSHIP - LEGAL PROTECTION
COMPUBASE is the trading name for TECH COM SA company.
COMPUBASE has taken the initiative to create, build, organize and structure a database that is dealt within these conditions.
As the contractor, having handled the development and design of the said database, COMPUBASE is vested with the original title of rights ownership for this database, in application of the provisions of article 113-2, paragraph 3, of the French intellectual property laws.
Through its investments, COMPUBASE has designed and built an information database for which it has exclusive ownership, in accordance with the provisions of article L341-1 of the French intellectual property laws, and whose use it grants under the terms presented below.
In application of article L 342-1 of the French intellectual property laws, the customer shall not create situations for public availability of all or part of the information transferred.
For the term of the contract, COMPUBASE shall remain the sole owner of the database.
2 – ORDERING - DELIVERY – INSTALLATION
COMPUBASE has provided the client, for its exclusive use, all or part of its database listing the companies and organizations that conduct business in or for the IT, telecom and network industry.
The rights on the data delivered to the client vary according to the type of agreement:
PASS PLATINIUM agreement: the client has an annual license to access the database, except if a different term is specified.
DATA ONLY or DATA & WEB agreement: the client acquires the right to use the data delivered for an unlimited period of time.
The data acquired and the services to be delivered are specified in the accepted quote. The sale becomes final upon acceptance of the quote.
The database shall be delivered within 48 hours after receipt of the signed quote, along with a down payment of 50% of the price, inclusive of tax. Delivery is carried out by email, registered mail, or opening of an online access confirmed by e-mail sent to the client.
Depending on the type of agreement, the rights on the COMPUBASE on line software licenses that give access to the data via the Web vary:
For clients who have chosen a PLATINIUM, agreement: the licenses for accessing the database are renewable on a periodic basis, based on the same term as that of the initial agreement;
For clients who have chosen a PASS agreement: the license for accessing the database is a license open for one year maximum, subject to available credit.
For clients who have chosen a DATA & WEB agreement: the licenses for accessing the database are renewable on a periodic basis, based on the same term as that of the update agreement.
Access licenses shall be opened within 12 hours after receipt of payment.
In case of a “force majeure”, COMPUBASE may be unable to deliver; in that case, COMPUBASE shall refund all the funds paid by the client upon acceptance of the quote.
All complaints concerning delivery must be made within 5 days by registered letter with acknowledgment of receipt. In case of complaint, the delivered or received database must not be used.
The quantity delivered and invoiced may vary by 5% (more or less), depending on the updates made between the time for determining the target and the delivery date.
The terms of payment to be observed are those stipulated in the invoice.
In application of article L.441-6 of the French commercial laws, penalties for delay are due the day following the date of payment printed on the invoice. The interest rate for these penalties shall be the legal interest rate plus 5 points.
To access the online compuBase clients must be in possession of a log-in and password.
Expenses and risks resulting from the use of CompuBase on line shall be borne exclusively by the customer.
However, COMPUBASE shall provide the customer, at its request and free of charge, with all information that is useful for using.
In no case whatsoever may COMPUBASE be held liable for damage resulting from the integration of the database or data supplied in the customer’s computer system.
With regards to the purchase of a compuBase online training session, it will be carried out by a compuBase staff member. Transport costs incurred will be met by the purchaser.
3 – IMPROVEMENTS – ENHANCEMENTS – UPDATES
COMPUBASE reserves the right, in the course of the contract, to make any changes it considers will improve the functions of the database and the COMPUBASE online access.
If the customer wishes, it may take out a “subscription” whereby it will regularly receive updates to the data it acquired, according to the terms of the subscription contract it contracted.
4 – GUARANTIES - LIABILITY
COMPUBASE guarantees the existence of the database, and that the database delivered strictly complies with all the specifications contained in all technical documentation and advertising literature.
The customer bears the burden of proving the existence of non-compliances.
Since COMPUBASE has communicated to the customer, who expressly recognizes this, all useful advice for the use and purpose of the contractual database, COMPUBASE may not be held liable for any direct or indirect damage caused through its use or exploitation.
COMPUBASE may not be held liable for the exactness of the data delivered in its entirety.
Given the specific nature of the database, which contains a large quantity of information collected from a wide variety of sources, and which is liable to constantly change, COMPUBASE shall take every possible measure to supply the customer with precise, reliable information, without however being held to an obligation of result.
COMPUBASE guarantees the originality and the full, free and non-exclusive enjoyment of the database as the result of a purchase, and for a license, for the term of the license.
We would like to call your attention to your e-mailing operations and addressing.
Effectively there are various reasons for e-mails being returned due to technical problems with addressing and receiving (anti-spam filters, full e-mail box, inaccessible servers, protocol errors, mailing errors, blacklist...).
COMPUBASE will not be held responsible for failure to deliver a message, whatever the cause may be.
5 – CUSTOMER OBLIGATIONS
a) Ownership and right of use
The customer recognizes COMPUBASE’s full ownership of the database.
The right to use the database is granted by COMPUBASE to the customer for its personal use, and non-exclusively.
This right is inalienable and non-transferable.
The customer shall use the data for the exclusive needs of its business activities: Marketing, Sales activities and Analysis.
The customer shall not:
Sell the data or have any lucrative or non lucrative activities with the data provided apart from the aforementioned
Make the database available to third parties
Publish or have published the information acquired, in any publication or on any Web site
Use the data for Bus mailing without COMPUBASE permission. Bus Mailing is defined is sending by mail, coupon cards or advertising from many companies
The customer shall:
Ensure that these obligations are observed by all its personnel.
The customer also declares itself to be the owner of hardware that is compatible with the installation and use of the database and software supplied.
Any changes the customer makes to the database are under its own responsibility.
Regarding agencies, they commit to use the database solely on behalf of the client to whom the database was purchased for and the name of the client is communicated to compuBase.
b) Use frame
Personal data will be used by IT and Telecom companies as part of their business communication.
These companies located in Europe or outside Europe committed themselves to comply with French personal data treatment laws.
c) Information
The customer shall inform COMPUBASE, throughout the term of the contract, of any unauthorized use or infringements of the database.
COMPUBASE reserves the right to decide to engage in legal proceedings.
Legal expenses shall be borne by COMPUBASE, which shall be the recipient of any compensation.
For the supply of e-mail or fax addresses the customer must first check that the persons contacted agree before using theses information for fax-mailing or e-mailing.
6. SPECIAL NFTA GUARANTIES
During the first uses of its database, COMPUBASE shall reimburse the customer, according to the terms defined below, for returns with the term “not found at this address,” referred to as NFTA.
NFTAs are reimbursed for 5 times the purchase or rental value of the unit cost for the basic module or rental, with the following reservations: use of the database within 30 days following delivery; return of NFTAs within 3 months following delivery; a single reimbursement per company address; obligation to indicate the COMPUBASE Company Code delivered with the database on the labels printed by the customer; only incorrect company addresses are reimbursed. Fax or e-mail failures are never reimbursed.
7. INFORMATION FIELDS FULFILLED
As for the information modules, COMPUBASE does not guarantee that all records are filled in completely. Before ordering, the customer may ask what percentage of the record is filled in.
8. CONFIDENTIALITY
The parties shall observe and ensure that their personnel observe the strictest confidentiality concerning anything they may learn when the contractual commitments are made. This confidentiality shall remain in force for two years after the contractual relations end.
9. NON-COMPTETITION CLAUSE
The customer shall not develop a system or database that competes with that of COMPUBASE based on the data delivered by COMPUBASE, or use the expertise of COMPUBASE employees for any purpose whatsoever, outside the scope of the contractual agreements.
10. FRENCH LAW
These general or special conditions are governed by French law.
11. JURISDICTION
Any disputes concerning the interpretation of these conditions or the execution of the contracts concerning COMPUBASE products shall be under the jurisdiction of the Evry courts (91) FRANCE.