Access to the Prospect-It software by the Client implies express and unconditional acceptance by the latter of these General Terms and Conditions and excludes the application of all different or contrary provisions.
Prospect-It reserves the right to modify these General Terms and Conditions at any time, without notice.
These General Terms and Conditions of Sale apply to all orders received by Prospect-It, whether they come from professionals, merchants, companies, or individuals.
The General Terms and Conditions of Sale described below also apply to free usage periods, possibly granted by Prospect-It to its prospects to allow them to familiarize themselves with the Services and products of Prospect-It.
The provisions of these General Terms and Conditions of Sale apply between Prospect-It and the Client, regardless of the sales channel used.
The following terms, in this document, have the meanings given to them unless otherwise stipulated.
Client Administrator(s): representative(s) of the Client for Prospect-It
GTC: these General Terms and Conditions of Sale.
Client: any legal or natural person who has registered for a fee or for free to use the Prospect-It software in compliance with the GTC.
Contract: refers to the contractual set consisting of the opening of an account for the use of the Prospect-It software and its acceptance of these GTC.
Cookie: a set of information created and stored in a small file by a server on a computer that connects to this server. This information can be read and modified by the same server during a subsequent connection.
Datacenter: a physical site where Prospect-It's servers are grouped together.
Main Server: The server to which the Client connects by default.
Backup Server: The server to which the Client connects when the Main Server is unavailable and which contains a copy of the data from the Main Server.
Identifier: the combination of the "user code" and the "password" necessary for a User to connect to their account. Two or more Users cannot use the same Identifier to connect simultaneously.
Password: it is associated with the user code and is necessary during the connection.
Browser: software used to navigate computer networks and their databases, especially on the Internet.
Prospect-It Portal: Prospect-It's website presenting the Products and Services of Prospect-It and on which the Client must connect to use the Prospect-It software.
Account: consolidated set of the Client's data including a database of contacts, a database of historical events for contacts, all emails, faxes, and files uploaded by the Client.
Prospect-It Solution: set of software, services, and treatments offered by Prospect-It that can be used by the Client.
User: nominally designates a physical person using the Prospect-It software with an Identifier.
1 GB: (Gigabyte) equals 1,024 MB, or 1,048,576 KB, or 1,073,741,824 bytes.
Prospect-It, as a subcontractor, provides its Clients with a paid service for accessing the Prospect-It software, which operates using Internet technology and is accessible through this technology.
The Prospect-It software has been designed considering data protection and security from its inception.
Therefore, the Client must connect to the Internet and then to the site hosting their account to use the Prospect-It software.
The Prospect-It software includes a contact and company manager, a customer prospecting follow-up manager, as well as a data import and export system.
The Prospect-It software includes:
An application part:
Prospect-It's commitment is of a best-efforts obligation; Prospect-It commits to minimizing, in time and number, the temporary interruptions of the Prospect-It software necessary for maintenance or improvement.
In case of temporary failure of the main server, Prospect-It continuously provides a backup server hosted in another datacenter to allow consulting all the data. The two servers are synchronized in real-time.
Therefore, it is up to the Client to protect themselves against these temporary interruptions. Prospect-It cannot be held responsible for damages suffered by the Client due to the unavailability of the Prospect-It software.
A service part (Training and user support):
These services are accessible from 9 AM to 5 PM, Monday to Friday, excluding public holidays. These services only concern the Prospect-It software and do not cover any other application installed on the Client's workstations or their Internet connection.
Automatic termination of the Contract at the end of the trial period
During the trial period, The Contract takes effect on the day the Client's account is opened.
The Contract is automatically terminated at the end of the trial period. To continue benefiting from the Prospect-It software, the Client must subscribe to a new Contract for a fee. It is subscribed for the duration chosen by the Client. The minimum duration of the Contract is one month. At the end of the contract, it is automatically renewed for a period equivalent to the previous one.
Automatic termination of the Contract at the end of the trial period
The Contract is automatically terminated at the end of the trial period. To continue benefiting from the Prospect-It software, the Client must subscribe to a new Contract for a fee.
Termination of the Contract at the initiative of the Client during the trial period.
The Contract can be terminated at any time orally by the Client or by sending an email to the address contact@nkinformatique.com.
At the Client's request, Prospect-It commits to returning the contact database, emails, faxes, and all documents uploaded by the Client. The qualification and database of historical events for contacts will not be returned.
The return will be done by providing a link to download the data. This link will be available for thirty days after the termination date.
Beyond that, the Client's data will be destroyed without notice.
Termination of the Contract at the initiative of Prospect-It during the trial period.
Prospect-It reserves the right to terminate the contract during the trial period by simply sending an email.
Termination of the Contract at the initiative of the Client
The Contract can be terminated at any time by the Client by sending an email to the address contact@nkinformatique.com or by registered letter with acknowledgment of receipt.
At the Client's request, Prospect-It commits to returning the contact database, emails, faxes, and all documents uploaded by the Client for free. The database of historical events for contacts will not be returned.
The return will be done by providing a link to download the data. This link will be available for thirty days after the termination date.
Beyond that, the Client's data will be destroyed without notice.
This request must be made within 15 days of the termination notification of the Contract by email to the address contact@nkinformatique.com.
No amount will be refunded to the Client. They will continue to have access to the Software for the remaining period of their Contract and already paid for by them.
Termination of the Contract at the initiative of Prospect-It for non-payment of an invoice
In case of a payment delay exceeding 15 days for any sum owed by the client, Prospect-It may consider that the contract has been terminated on the due date of the claim.
At the Client's request, Prospect-It commits to returning the contact database, emails, faxes, and all documents uploaded by the Client. The qualification and database of historical events for contacts will not be returned.
This request must be made within 15 days of the termination notification of the Contract by email to the address contact@nkinformatique.com.
The return will be done by providing a link to download the data. This link will be available for thirty days after the termination date.
Beyond that, the Client's data will be destroyed without notice.
The sums possibly paid by the Client for their subscription will remain acquired to Prospect-It.
Termination of the Contract at the initiative of Prospect-It for another reason
Prospect-It may, by right, terminate the Contract at any time in case of non-compliance by the Client with its obligations and this without any judicial formalities.
In this case, the concerned Client will be notified by simple email and will have access to the service for a maximum duration of one month.
At the Client's request, Prospect-It commits to returning the contact database, emails, faxes, and all documents uploaded by the Client. The qualification and database of historical events for contacts will not be returned.
This request must be made within 15 days of the termination notification of the Contract by email to the address contact@nkinformatique.com.
The return will be done by providing a link to download the data. This link will be available for thirty days after the termination date. Beyond that, the Client's data will be destroyed without notice.
Prospect-It reserves the right, in case of non-payment by the Client of one of the invoices issued by Prospect-It to their attention, or in case of non-compliance with any of the clauses appearing in the order form or these GTC, to suspend access to its Services until the full settlement of the sums due.
Confidentiality of Identifiers.
Prospect-It does not have access to passwords protecting the Client's Identifiers.
The Identifiers are strictly personal and confidential. The Client undertakes to keep them secret and not to disclose them in any form. Their transmission to third parties by the Client is done under their full responsibility.
Any use of the Identifiers is done under the full responsibility of the Client.
In case of loss or theft of one of its Identifiers, a Client Administrator must immediately notify Prospect-It by phone 24/7 or by email at the address contact@nkinformatique.com, who will proceed to reset the password. The user will then have to create a new password.
The password chosen by the Client must meet complexity requirements.
Confidentiality of information.
Internal confidentiality at Prospect-It: no employee of the company Prospect-It has access to the data contained in the Client's account, except with prior authorization from the Client.
Only a Prospect-It administrator is authorized to work on the data for well-defined needs: maintenance and update.
Expressly, Prospect-It states that any information managed and stored on behalf of its Client is considered by it as confidential.
Any communication of information made by either party is also considered confidential in principle.
Prospect-It is required to preserve the confidential nature of said information by taking at least the same provisions as those it usually takes to protect its own confidential information.
Prospect-It must ensure that all its personnel, regardless of their status, adhere to the same obligation of secrecy and confidentiality for all the information mentioned above.
Prospect-It commits to ensuring that the persons authorized to access client data receive prior training on data protection.
Prospect-It reserves the right to record telephone communications exchanged between its collaborators and the Client. These recordings are used only for training purposes and to control the quality of services.
Prospect-It may only disclose confidential information if such disclosure was required by a judicial decision.
The provisions of this confidentiality clause will remain in force for the entire duration of the Contract.
The data belonging to the Client and hosted in France on the servers of Deloslabs (Parent company of Prospect-It) are and remain the property of the Client.
All data is backed up in real-time, on two distant datacenters. Each Datacenter has triple certification ISO9001 (Services), ISO27001 (Information Security), ISO140001 (Environment) for all its departments and activities.
Prospect-It commits to not making, outside of technical necessities, any copy of the data and to not make any use other than those provided for the execution of these GTC.
Prospect-It may call upon other subcontractors to occasionally intervene in data processing (Destruction of used data supports, data restoration on damaged supports, change of supports, installations, and maintenance on our servers). Prospect-It ensures the qualification of its subcontractors and their strict compliance with data protection and confidentiality.
The Client is solely and entirely responsible for the data that they transfer and query in the Prospect-It software and that are made available to all authorized Users of the Client. The Client is aware that data circulating on the Internet can be regulated in terms of use or protected by a property right. Therefore, the Client is solely responsible for the use of the data that they disseminate and consult through the Prospect-It software.
The Client acts as an independent entity and consequently assumes all the risks and perils of their activity. The Client is solely responsible for the subscribed services, the content of the information and files transmitted, disseminated, or collected, their exploitation, and their update.
The Client undertakes to respect the rights of third parties, notably personality rights, intellectual or industrial property rights such as copyright, rights on patents, designs, and models, or on trademarks.
The Client undertakes to comply with all legal and regulatory requirements in force, among others the European regulation on data protection (GDPR EU 2016/679) and, in particular, those concerning commercial solicitation by email.
The Client's failure to comply with the points mentioned above, and notably any content disseminated liable to lead to civil and/or criminal liability will give Prospect-It the right to interrupt without delay the use of the Prospect-It software by the Client and to terminate immediately and outright the Contract, without prejudice to any damages to which Prospect-It could claim. In these hypotheses, the Client undertakes to pay the remaining sums due on the day of the termination, deduction made of the sums already invoiced and collected.
The Client guarantees Prospect-It against any action in claims from third parties, related to the content of the information transmitted, disseminated, reproduced notably those resulting from an infringement on personality rights, a property right related to a patent, a trademark, designs and models, copyright, or those resulting from an act of unfair competition or parasitism or an infringement on public order, the ethical rules governing the Internet, good morals, respect for private life (right to image, secrecy of correspondence...) or the provisions of the Penal Code.
The Client undertakes to adopt, in all circumstances, a correct and respectful behavior towards all the collaborators of Prospect-It.
Access to the application part of the Prospect-It software
The obligation undertaken by Prospect-It as a subcontractor is an obligation of means.
In this context, it commits to providing all the care and diligence necessary for the provision of a quality service in accordance with the profession's practices.
Prospect-It commits to processing data only for the sole purposes of the subcontracting.
Prospect-It will endeavor to offer access 24 hours a day, every day of the year except in case of force majeure, as defined in the article titled "Force Majeure" below, in case of breakdowns, failures of the Datacenter, interventions for maintenance necessary for the proper functioning of the Services as of the equipment.
Prospect-It will make every effort to provide sufficient access quality to follow the traffic evolution of its Clients' service. In case of too rapid increase in load, Prospect-It may be dependent on the delivery times of equipment manufacturers or Internet line installations.
Interruption of the application part of the Prospect-It software for maintenance and improvement
Interruption for light updates
Service interruptions to update the software and database structures can be performed every day from 10 PM. This type of update only causes a service interruption of fifteen minutes at most. Prospect-It commits to notifying all concerned users by email, at least 48 hours in advance.
Interruption for major updates
Service interruptions for major updates (for example: installation of new software, implementation of a new version including significant changes to the database, etc.) take place from 10 PM.
This type of updates may cause a service interruption from 10 PM to 6 AM. Prospect-It commits to notifying all concerned users by email, at least 48 hours in advance.
Emergency interruption
In case of absolute necessity, Prospect-It reserves the possibility to interrupt the server to carry out a technical maintenance or improvement intervention to ensure the proper functioning of its Services, whatever the time and duration of the intervention.
Backups
Prospect-It commits to taking all necessary measures to ensure the material protection of data and programs.
Service Availability Guarantee (SAG)
All Clients benefit, in addition to access to their Main Server, from a Backup Server.
The Service will be considered unavailable when the Main Server AND the Backup Server are simultaneously unavailable.
The Service Availability Guarantee (SAG) commits Prospect-It to restoring access to its service in less than 4 hours, 24/7.
The SAG applies to any incident causing a service unavailability.
Any access incident to the service must be reported by the client or detected directly by Prospect-It. As soon as the incident is confirmed, Prospect-It records it in its incident management system. The duration of the incident corresponds to the difference between the time the incident is recorded and the time the incident is closed.
Non-compliance with the SAG entails the following penalties for Prospect-It:
For a restoration time between 1H and 2H: 25% of the monthly service subscription
For a restoration time between 2H and 3H: 50% of the monthly service subscription
For a restoration time between 3H and 4H: 75% of the monthly service subscription
For a restoration time exceeding 4H: 100% of the monthly service subscription
In all cases, the penalties cannot exceed 100% of the amount of the monthly service subscription.
Apart from the SAG Prospect-It does not deliver any other express, implied, legal, or other warranty on the performance or results of the information it disseminates or the services it proposes.
The information disseminated by Prospect-It does not have any advisory nature.
The Prospect-It software is deemed to be made available to the Client "as is" without being subject to specific adaptation measures. It resembles a standard package that may not meet all the specific needs of the Client. It is therefore up to the Client to verify the adequacy of the Prospect-It software proposed by Prospect-It with their needs and to take all necessary precautions.
The Client acknowledges having taken note of all its obligations and more generally of all the conditions related to the use of the Prospect-It software proposed by Prospect-It.
Under no circumstances can Prospect-It be held directly or indirectly responsible for any damage caused to the Client or to a third party due to the use of the Prospect-It software, whatever the cause.
In the same way, Prospect-It cannot be held directly or indirectly responsible for any damage caused to the Client or to a third party due to the unavailability or malfunctioning of the Prospect-It software, whatever the cause and duration.
Prospect-It does not therefore take charge of compensating direct or indirect, material or immaterial damages caused by the use of the Prospect-It software.
It is up to the Client to take out insurance covering this type of risk or to be their own insurer.
Clients and Users of the Prospect-It software waive any recourse against Prospect-It, its subcontractors, and its partners.
In the event that Prospect-It's liability was engaged, the compensation for the damage suffered cannot exceed the amount of the monthly subscription of the Product or Service incriminated for a User.
This clause is considered as essential and determining by Prospect-It which would not have contracted without it.
Moreover, Prospect-It cannot be held responsible for any damage, direct or indirect, resulting from the use of data accessible via the Internet.
The Client acknowledges that no stipulation herein will release them from the obligation to pay any amount due to Prospect-It under the subscription of the Contract.
Prospect-It does not guarantee that the Prospect-It software will be free from anomalies or errors, nor that they can be corrected, nor that the Prospect-It software will operate without interruption or breakdown, nor that it is compatible with equipment or a particular configuration other than that expressly recommended by Prospect-It.
The prices of the Prospect-It software are indicated in the "Tariffs" option of the Prospect-It site. However, Prospect-It reserves the right to make promotional offers that cannot be assimilated to the tariffs.
Prospect-It reserves the right to apply additional fees in case of taking over an interrupted contract if the previous billing period is less than 18 months.
Prospect-It will issue a monthly or annual invoice corresponding to the Client's requests.
The Client has the possibility to pay their invoices according to the following payment methods:
Automatic withdrawal, for monthly billing in arrears with withdrawal on the 5th of the following month. The Client must send Prospect-It an authorization form for direct debit.
By check or credit card, for annual billing issued at the beginning of the contract and every year on the anniversary date.
The fees for unpaid bills will be re-invoiced to the Clients.
All invoices issued by Prospect-It are payable upon receipt.
Any invoice not settled at the due date will bear interest, by right without prior notice, at one and a half times the legal rate in force.
The Client undertakes to inform Prospect-It of any change in their postal and banking details or any other information necessary for commercial relations between the Client and Prospect-It.
Any disagreement of the Client concerning billing must be expressed by a motivated letter sent by registered mail with acknowledgment of receipt within the period of one month from the date of issuance of the invoice. In the absence of such a letter, the Client will be deemed to have accepted the billing.
All Prospect-It invoices are sent by email. No Prospect-It invoice is sent by mail.
Prospect-It reserves the right to modify its rates once a year. For Clients using the Prospect-It software whose rate has been modified, the new rate will only come into effect at the end of the initial subscription period.
The closure of an account and all its users does not entail any termination fees.
When closing a single user account, you have the choice between the free deletion of all data of this user without additional costs or the conservation of all data of this user in the Prospect-It for a flat rate of 3 euros per month. It is also possible to request the retrieval of the data (emails, faxes, and all documents uploaded) of this user account for a cost of 350€ for the first year and 100€ for each additional year.
The restitution will be done by providing a link to download the data. This link will be available for thirty days after the termination date.
The opening of a new user or administrator account necessarily comes with a paid pack. This pack includes the opening fees of the new account, the configuration fees, and an hour of support in using the product for a user and an additional hour for an administrator.
Unless otherwise agreed, Prospect-It may cite the name of the Client on any document, electronic or otherwise, as a reference.
Prospect-It's liability will be entirely released if the non-performance of one or the other or all of the obligations incumbent upon it and provided for in these GTC, results from a case of force majeure.
For the application of these GTC, force majeure is defined as an unpredictable and/or inevitable event and independent of the will of Prospect-It, such as a failure of the Datacenter.
If the execution of the contract, or any obligation incumbent upon Prospect-It under the Contract and these GTC, is prevented, limited, or disturbed due to a case of force majeure, Prospect-It will then be exempted from the execution of the contractual obligations considered.
In this case, Prospect-It may request the termination of this contract, without being liable to pay any compensation, and retaining the benefit of the sums due at the date of the request for termination.
In any event, the defaulting party due to a case of force majeure must regularly inform the other party of the forecasts for the removal or restoration of this case of force majeure, and the obligations arising from this contract will be suspended for the entire duration of the case of force majeure.
This Contract cancels and replaces any other proposal or agreement relating to the same subject.
The nullity of one of the clauses of the Contract under a law, a regulation, or following a decision of a competent jurisdiction rendered final will not entail the nullity of the other clauses of the contract of realization which will keep their full effect and scope between the undersigned.
No provision herein shall be deemed to have been waived, supplemented, or modified by one of the undersigned without a prior written act signed by the authorized managers of the undersigned in the form of an amendment to this Contract, expressly deciding to waive the application of a contractual clause, to supplement or modify it.
The fact that Prospect-It does not take advantage at a given time of any of the clauses of this Contract, and/or a breach by the Client of any of its contractual obligations cannot be interpreted as a waiver by Prospect-It to subsequently avail itself of any of the said clauses or contractual obligations.
The notifications provided for in execution of these must be made to the addresses where the parties declare to elect domicile in their respective head offices.
No provision herein shall be deemed to have been waived, supplemented, or modified by one of the undersigned without a prior, written, and signed act by the legal representatives of Prospect-It and the Client, or their authorized representatives.
This prior, written, and signed act must take the form of an amendment to this Contract, expressly deciding to waive the application of a contractual clause, to supplement or modify it.
Consequently, no particular condition can, except for formal and written acceptance by Prospect-It, prevail against these General Terms and Conditions of Sale. Any condition contrary opposed by the Client will therefore, in the absence of express acceptance, be unenforceable against Prospect-It, regardless of when it may have been brought to its knowledge.
In case of judicial liquidation of the Client the contract will be automatically terminated.
This Contract is fully subject to French law.
In case of a dispute arising in connection with the interpretation or execution of this Contract, the undersigned will endeavor to settle it amicably prior to any legal action.
In case of persistent disagreement on the interpretation or execution of this Contract, exclusive jurisdiction is attributed to the Courts of Nanterre, notwithstanding plurality of defendants or warranty claim, even for emergency procedures or conservatory procedures in summary proceedings or by request.
Any complaint and/or dispute of the Client against Prospect-It must be formulated by the Client at the latest one month from their generating fact, under penalty of forfeiture.