By using the services, hardware and software sold and/or developed by AVOB (the « Solutions »), you consent to the following terms and conditions.
The client database is registered at the French Data Protection Authority (CNIL) under number 1549582. With respect to your personal privacy, AVOB is committed to protecting your personal data, which is collected and analyzed when you use the Solutions, including any software developed by AVOB (the « Software »). For commercial, statistical, and research and development purposes, you hereby agree that all the information which is entered and saved in AVOB OS may be collected and used by AVOB. All data collected and stored is indicative and anonymous. You are entitled to access, make corrections to or delete data under the conditions provided for in the Law no. 78-17 of January 6, 1978 relating to information technology, computer files and freedom. You may revoke your consent to such use at any time by sending an email to firstname.lastname@example.org. AVOB may proceed to data exports for a user who requests it, upon payment of the price set forth in the relevant invoice and within the time limit provided in such invoice.
This website, the Software, and all of their contents are owned exclusively by AVOB. Any reproduction is strictly forbidden and subject to copyright infringement laws. As such, all ownership and copyright notices in favor of the rightful owner or of AVOB must be apparent, maintained in good condition, and displayed on all partial or total elements of the Solutions, all of its components, and all media relating thereto. When using, promoting and/or commercializing the Solutions, you authorize AVOB, for free and for advertising and communication purposes, to freely use your trade name as well as your visual identity, including your logo, and you hereby authorize AVOB to publicly refer to the name of your legal entity as a « partner » of AVOB.
GENERAL TERMS AND CONDITIONS OF SALE
Prices shown on the invoices emitted by AVOB exclude taxes and potential postage and packaging fees. Such prices may be modified without notice by AVOB before complete payment. No claim shall be taken into consideration after the installation of the hardware and the signing of the delivery order or after the expiration of a period of five (5) days after the date of download of a software license. In case of late payment, the sale may automatically be cancelled by AVOB and late payment penalties shall be calculated at a rate equal to the European Central Bank interest rate applied in its current refinancing operation, plus an increment of ten (10) percentage points. AVOB may also request the payment of forty (40) euros as flat rate recovery costs or of a higher rate upon presentation of relevant proof thereof.
By way of invoices and upon payment of the relevant license fee, AVOB, as licensor, conveys to the licensee which is expressly named in the invoice emitted by AVOB, a non-transferable and non-exclusive license to use AVOB OS as well as the Solutions specifically referred to in such invoice, for the duration of the intellectual property rights related to such Solutions. AVOB OS is only accessible as long as AVOB perceives license fees on any Software. The Software includes any technical documentation delivered by AVOB. The license to use the Solutions is limited to the right of use of the end-user only. A licensee shall not, under any circumstances, partially or totally, directly or indirectly, whether for a fee of free of charge, communicate or transfer the license or the Solutions to a third party. AVOB reserves the right to assign the benefit of these license terms to an entity that will take over all obligations with respect to the licensee.
The use of the Solutions shall conform to its specifications and functions and the requirements contained in the technical documentation accompanying the Solutions. No copy may be made of the Solutions, nor any reproduction or adaptation, whether in whole or in part, except those strictly necessary for security backup purposes by the end-user. The licensee may not make or have performed the transcription of the Software in a programming language other than that in which the Software was downloaded, or adapt it for use on any other hardware than that specified in the invoice or in the technical documentation provided by AVOB.
For a fee, a client may subscribe maintenance for hardware Solutions. In such case, AVOB will proceed by telephone to the correction of any anomaly, incident, defect, error, malfunction or non-performance of the Software, for the duration mentioned in the relevant invoice and starting on the delivery date.
AVOB declares that all its Solutions comply with the functional and technical specifications set out in the technical documentation and for the type of equipment described in it. This guarantee of compliance is made provided that the end-user complies with the operating procedures specified by AVOB in the technical documentation. AVOB does not guarantee the adaptation of the Solutions to the specific needs of the end-user, nor that the Solutions may be used in the manner desired by the end-user, to the extent that it belongs exclusively to the end-user to verify the adequacy of its functional needs with the specifications mentioned in the technical documentation. AVOB does not provide any guarantee whatsoever for any element of the Solutions which has not been developed or manufactured by AVOB itself, including where such elements have been integrated with the Software or where they are delivered by AVOB with the Software. The Solutions are provided « as is » with no other warranty, express or implied, than that expressly provided under the law for one year from the software download date or the hardware delivery date. AVOB is expressly subject to an obligation of means. Therefore, the client is solely responsible for any material, financial or physical damage suffered on his or her property by following AVOB’s advice and recommendations related to energy efficiency. The end-user is solely responsible for the results obtained.
AVOB may not be liable for indirect damages, nor for any consequential, special, incidental, cover or punitive damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption, purchase of replacement goods or equipment, usage interruption, loss of data, or the like) arising out of the use of, or inability to use, the Solutions and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if AVOB has been advised of the possibility of such damages. Any damage caused to a third party is deemed to be indirect and can therefore not be indemnified by AVOB. In particular, the client as well as any electrician operating as its independent contractor bear the sole and full responsibility for any electric installation and any damage that it may cause. Besides, AVOB does not guarantee the accuracy of its estimated savings or rates of return to investment, provided that numerous factors which impact real results are under the strict and sole control of the user.
OWNERSHIP OF HARDWARE
AVOB remains the sole owner of all the hardware ordered and/or delivered until full payment of their price.
To terminate a license agreement, the client must revoke the license three (3) months at least before the software download yearly anniversary date.
In the event of a breach by the client of its obligations hereunder, not repaired within thirty (30) days of receipt of an email by AVOB notifying the breaches, AVOB may enforce the termination of any license and/or any service without any judicial proceedings. AVOB may also request the return of any hardware still owned by AVOB. Such termination does not bar any damages which AVOB may claim.
GOVERNING LAW AND JURISDICTION
These legal terms, including license and maintenance terms, shall be governed by and construed in accordance with the laws of France, applied without giving effect to any conflict of law principles. All disputes relating to, or arising out of, such terms and conditions shall be subject to the exclusive jurisdiction of the commercial court of the judicial district in which AVOB is registered, notwithstandinf a plurality of defendants or any impleader.
This website as well as the Software are edited by AVOB. AVOB is a simplified joint stock company with a share capital of 249,980 euros, registered under the Registry of Commerce and Companies of Nanterre under number 512 644 105, and with its registered office at 84 avenue du Général Leclerc, 92100 Boulogne-Billancourt, France.
Tel: 01 41 10 36 80.
Tax identification number: FR 43512644105.
SIRET : 512 644 105 000 29.
Publishing director : AVOB.
Web hosting service provider: 1&1 Internet SARL, 7 place de la Gare, BP 70109, 57201 Sarreguemines Cedex, available by phone on +33(0)970 808 911 (24 hours a day and 7 days a week) or by filling the contact form:http://assistance.1and1.fr/contact.