BEE-WORX TERMS OF USE :

BY TICKING THE BOX ‘I CONFIRM THAT I HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF USE’ WHICH APPEARS DURING THE REGISTRATION OR ORDER PROCESS, YOU AGREE THAT THE PROVISIONS SET OUT BELOW (THE ‘AGREEMENT ’) GOVERN YOUR USE OF BEE-WORX’S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS AND DURING THE FREE TRIAL PERIOD (COLLECTIVELY, THE ‘SERVICE’). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS ‘YOU ’ OR ‘YOUR’ SHALL REFER TO THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST REFRAIN FROM TICKING THIS BOX AND MAY NOT USE THE SERVICE.
 

Welcome

As part of the Service, BEE-WORX provides you with access to the Service, including a user interface, data security, transmission and storage, as well as access to such data. By subscribing to or using the Service, you are deemed to have accepted this Agreement, including any document available on BEE-WORX’s website or within the application, or incorporated herein by reference, including, in particular, BEE-WORX’s privacy and security policies. A ‘Definitions’ section is included for information purposes at the end of this Agreement.

Definition of the Service: The Service is offered in a range of fixed-price or à la carte packages, the exact content of which depends directly on the terms of your order form. The Service gives you access to a wide range of varied and scalable features which are broadly centred on the organisation of professional events and which may relate to lead generation and customer relationship management, planning and collaborative working, communication via email and instant messaging alerts, content publication, the organisation of conferences and/or training sessions in digital or face-to-face formats, pre-registration and online surveys, sales and online sales, invoicing and payment collection.  

1. Privacy and Security / Non-disclosure

BEE-WORX’s privacy and security policies relating to the BEE-WORX Service are available on the BEE-WORX.net website. BEE-WORX reserves the right, at its discretion and within reasonable limits, to amend its privacy and security policies from time to time. BEE-WORX undertakes to inform users when changes are made to its privacy and security policies. When individual users log in to the website for the first time, they are asked to indicate whether they wish to receive periodic marketing communications or other non-essential information relating to the Service from BEE-WORX. They may opt out of receiving such communications at that time or at any other time by amending their preferences within their own account. As the Service is a hosted online application, BEE-WORX may occasionally need to send important announcements regarding its operation to all users of the Service (regardless of whether they have opted out as mentioned above). BEE-WORX undertakes, within the limits of its scope of action and subject to technical constraints, to ensure the security of and non-disclosure of data collected from the “Client” to unauthorised third parties. In the event of a security incident of which BEE-WORX is fully aware and which compromises users’ data, BEE-WORX undertakes to inform them as soon as possible by means of notifications.

1.1 General Data Protection Regulation

BEE-WORX undertakes to comply with applicable national laws and regulations, as well as with transposable European directives relating to the GDPR (General Data Protection Regulation). BEE-WORX undertakes to inform “Users” of its policy on the retention of personal data and the use of “cookies” in order to ensure the proper functioning of its services. A Data Protection Officer (DPO) has been appointed. You may exercise your rights by contacting this officer at dpo (a) BEE-WORX.net.

As BEE-WORX Event Manager is a Customer Relationship Management (CRM) tool, our own client users are required to import and process professional and personal data as part of their prospecting or event organisation activities. The Customer undertakes to comply with the regulations in force regarding the GDPR and those relating to the privacy of individuals and entities whose data in their possession is processed within their BEE-WORX user account. In particular, the Customer undertakes not to send unsolicited emails, to respect the right of access, rectification and erasure for the individuals or entities concerned, as well as the right to be forgotten. BEE-WORX cannot be held liable in the event of the Customer’s failure to fulfil its legal and contractual obligations. BEE-WORX reserves the right to suspend the service until further notice should a breach of these obligations be identified and reported by the authorities or by third parties. BEE-WORX undertakes, within the limits of its scope of action and subject to technical constraints, to provide the user with the means and tools enabling them to comply with the applicable GDPR regulations.

External reference links:
Regulation (UE) 2016/679
General Data Protection Regulation - CNIL
 

2. Licence Grant and Restrictions

BEE-WORX hereby grants you a non-exclusive, non-transferable right to use the Service worldwide, exclusively for your own professional activities, subject to the provisions of this Agreement and within the limits of responsible, lawful and peaceful use. All rights not expressly granted to you are reserved by BEE-WORX and its licensors.

You are not authorised to access the Service if you are a direct competitor of BEE-WORX, unless you have obtained BEE-WORX’s prior written consent. Furthermore, you are not authorised to access the Service for the purpose of monitoring its availability, performance or operation, or for any other benchmarking or competitive purpose.

You shall not (i) licence, sub-licence, sell, resell, transfer, assign, distribute or exploit for commercial purposes, or otherwise make the Service or the Content available to any third party in any way; (ii) to modify the Service or the Content or to create derivative works based on them; (iii) to create internet ‘links’ to the Service, or ‘frames’ or ‘mirror pages’ from any Content on another server or wireless or internet-based device; or (iv) to reverse engineer or access the Service in order to (a) create a competing product or service, (b) create a product using ideas, features, functions or graphics identical to those of the Service, or (c) copy the ideas, features, functions or graphics of the Service. Licences expressed as a maximum number of events or as the number of event sessions that may be organised may not be shared, used by more than one legal entity, or reused outside the scope of the Terms and the Effective Dates of this contract.

2.1 Your data and content

You may only use the Service for your internal business purposes and must not: (i) send unsolicited messages or other bulk messages that contravene applicable laws; (ii) send or store data that is unlawful, obscene, threatening, defamatory or otherwise illegal or tortious, including content that is harmful to minors or infringes third parties’ privacy rights; (iii) send or store data containing viruses, computer worms, Trojan horses or other malicious machine code, files, scripts, agents or programmes; (iv) interfere with or disrupt the integrity or operation of the Service or the data it contains; or (v) attempt to gain unauthorised access to the Service or its related systems and networks.

3. Your Responsibilities – Code of Conduct

You are responsible for all activities carried out via your User accounts and you undertake to comply with all applicable local, state, national and foreign laws, regulations and treaties in connection with your use of the Service, including those relating to the protection of personal data, international communications and the transmission of technical or personal data. You must: (i) immediately notify BEE-WORX of any unauthorised use of any password or account or any other known or suspected security breach; (ii) immediately report to BEE-WORX any known or suspected copying or distribution of Content by you or your Users and do everything in your power to put an immediate stop to such infringements; and (iii) you must not impersonate another user of BEE-WORX or provide false information about your identity in order to access or use the Service.
 
 

4. Account Information and Data

BEE-WORX holds no ownership rights over the data, information or documents that you submit to the Service whilst using it (the ‘Customer Data’). You, and not BEE-WORX, are solely responsible for the accuracy, quality, integrity, legality, reliability, suitability and intellectual property rights or rights of use in respect of all Customer Data, and BEE-WORX shall not be held liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event of termination of this Agreement (not attributable to a breach on your part), BEE-WORX will make a file containing the Customer Data available to you within 30 days of termination, provided you request this at the time of termination. BEE-WORX reserves the right to withhold, remove and/or dispose of Customer Data without notice in the event of any breach of the Agreement, including, without limitation, a failure on your part to make payment. In the event of termination for cause, your right to access or use the Customer Data shall cease immediately and BEE-WORX shall not be obliged to retain or transfer any Customer Data whatsoever.
 

5. Intellectual Property

BEE-WORX (and its licensors, where applicable) shall be the sole owner of all rights, title and interests, including all applicable Intellectual Property Rights relating to BEE-WORX’s Technology, Content and Service, as well as any suggestions, ideas, requests for improvements, feedback, recommendations or other information provided by you or any other party concerning the Service. This Agreement does not constitute a sale and does not confer upon you any ownership rights in relation to the Service, BEE-WORX’s Technology or the Intellectual Property Rights held by BEE-WORX. The name ‘bee-wrox’, the BEE-WORX logo and the product names associated with the Service are trade marks of BEE-WORX or third parties, and no rights or licence are granted in respect of their use.
 

6. Third-party interactions

Whilst using the Service, you may correspond with advertisers or sponsors promoting their products and/or services via the Service, purchase products and/or services from them, or take part in their promotions. Any such activity, and any terms, warranties or representations associated with such activity, is solely between you and the relevant third party. BEE-WORX and its licensors accept no responsibility or liability in respect of any such correspondence, purchases or promotions between you and any such third party. BEE-WORX does not endorse any website to which you may gain access via the Service. BEE-WORX provides these links to you solely for your convenience; neither BEE-WORX nor its licensors shall be liable in any way for the content, products or other materials present on or accessible from such websites. BEE-WORX provides the Service to you in accordance with the terms of this Agreement. You acknowledge, however, that certain third-party providers of software (Web Services or APIs for social media, IP telephony, video conferencing or online payment services), hardware or ancillary services may require your agreement to different or additional licence terms or other conditions before you use or access such software, hardware or services.

Example: the features of the Service that interoperate with the Google Analytics programme are dependent on the continued availability of the API and the Google Analytics programme. If Google Inc. discontinues the availability of the API or the Google Analytics programme for the Services, subject to sufficient notice, BEE-WORX may cease to provide the relevant features without you being entitled to any refund, credit note or other compensation.

Microsoft, Google Inc., Amen, Skype, WhatsApp, Twitter, LinkedIn, Viadeo, PayPal, Payplug, Stripe, LogMeIn (GoToWebinar), Zoom, Jisti and MailEnable are software publishers and providers of online solutions and services. All copyrights and registered trademarks associated with these brands are the intellectual property of these publishers and online service providers.

7. Fees and Payment of Royalties

With the exception of free trial periods, which expire automatically and only if you explicitly sign up for a paid subscription account, you agree to pay all charges or fees relating to your account, in accordance with the provisions regarding fees, charges and billing in force at the time the fees or charges become due and payable. The initial fees shall correspond to the number of licences and services granted, multiplied by the current licence price per user or per event, the details of which are set out in the order. Payment must be made in advance, annually, upon receipt of the invoice, unless otherwise agreed in an Order Form or via the Online Order Centre. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all User (or per-event) licences ordered for the full Licence Term, whether or not those licences are actually used. You must provide BEE-WORX with details of a valid credit card, an IBAN bank account number, or an approved and signed purchase order in order to subscribe to the Service. An authorised Licence Administrator may add licences by signing an additional written Order Form or by using the Online Order Centre. Additional licences shall be subject to the following conditions: (i) the term of the additional licences shall coincide with that of the pre-existing licences (Initial Term or renewal term); (ii) the licence fee for the additional licences shall be that generally in force at that time; and (iii) additional licences taken out during a billing month, quarter or year shall be invoiced for the full duration of that month, quarter or year. BEE-WORX reserves the right to amend its fees and charges and to introduce new charges at any time, subject to at least 30 days’ notice, which may be sent by email. As all pricing terms are confidential, you agree not to disclose them to third parties.

8. Fees for Exceeding Data Storage Limits

The maximum storage space provided to you at no extra cost is 1 GB per subscription to BEE-WORX event manager, unless the terms of your contract specify a different storage capacity. If the storage capacity required exceeds these limits, the applicable overage charges may be applied. BEE-WORX will make every effort to notify you when the average storage capacity used per licence reaches 90 per cent of the maximum; however, any failure on the part of BEE-WORX to do so shall not relieve you of your obligation to pay these additional storage charges. BEE-WORX reserves the right to establish or amend its practices and the general limits relating to the storage of “Customer Data”.
  

9. Billing and Renewal

Unless otherwise provided for in any contractual arrangements binding you directly to BEE-WORX or indirectly to a Reseller Partner, BEE-WORX will invoice and collect the fees for use of the Service in advance. BEE-WORX will renew the subscription and automatically charge your credit card or issue an invoice (a) monthly for monthly licences, (b) quarterly for quarterly licences, (c) annually on the anniversary date of annual licences, or (d) as otherwise agreed. The renewal fees shall correspond to the total number of licences per User or per Event in force at that time, multiplied by the licence fee applicable during the previous term, unless BEE-WORX has given you at least 30 days’ notice of an increase in the fee, which shall take effect upon renewal and thereafter. Fees relating to other services will be invoiced in accordance with the relevant quotation. BEE-WORX’s fees are exclusive of any taxes, levies or duties imposed by the tax authorities; you undertake to pay all such taxes, levies and duties, excluding any state or regional taxes based solely on BEE-WORX’s revenue.

You undertake to provide BEE-WORX with accurate and complete contact and billing details. This information includes your company name, your SIRET number and VAT number, your postal address, your email address, and the name and telephone number of the billing contact and the Licence Administrator. You undertake to update this information within 30 days of any changes. If the contact details you have provided are false or fraudulent, BEE-WORX reserves the right to terminate your access to the Service, without prejudice to any other legal remedies.

Unless otherwise decided by BEE-WORX at its sole discretion: (i) entities whose principal place of business and a majority of users are located in France or in a country of the European Union will be invoiced in euros and in accordance with French payment terms and pricing systems (‘European Customers’); (ii) all other entities will be invoiced in US dollars, euros or the local currency, and will be subject to French or non-French payment terms and pricing systems, at BEE-WORX’s discretion (‘Non-French Customers’).

If you believe your invoice is incorrect, you must contact us in writing within 60 days of the date of the invoice in question in order to be eligible for a credit note or an adjustment to the invoice.
  

9.1 Price changes

If the Service package you are using is subject to a fixed commitment period and a fixed price, that price will remain in force for the duration of that period. Beyond this period, and in the event of a new offer relating to new services, the addition of features, new infrastructure or supply costs, or price inflation or market fluctuations (for example, due to labour costs, currency fluctuations, changes in taxes or regulations, inflation, licence fees, infrastructure costs and administrative costs), you must accept the new offer and the new price in order to continue using the Services. BEE-WORX undertakes to inform you of any price changes 30 days in advance so that you have the opportunity to withdraw. When we notify you of the price change, we will also explain the reasons for and the extent of the price increase, and inform you that the new price will come into effect unless you cancel the Services. The exact terms of cancellation are set out in clause 11.
  

10. Non-payment and Suspension

In addition to the other rights available to BEE-WORX hereunder, BEE-WORX reserves the right to suspend or terminate this Agreement and your access to the Service if your account is in arrears (accumulation of outstanding payments). Outstanding invoices (overdue accounts) are subject to interest at a rate of 1 per cent per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower, plus collection costs. User licences will continue to be invoiced throughout any period of suspension. If you or BEE-WORX take the initiative to terminate this Agreement, you must pay the outstanding balance on your account, calculated in accordance with the section on Fees and Payment of Charges above. You agree that BEE-WORX may charge these outstanding fees to your credit card or invoice you for them in another manner.

BEE-WORX reserves the right to charge a reconnection fee should you request access to the Service again once your subscription has been suspended. You agree and acknowledge that BEE-WORX is under no obligation to retain Customer Data and that such Customer Data may be permanently deleted if your account has been inactive for at least 30 days.

11. Termination on Expiry/Reduction in the Number of Licences

This Agreement shall come into force on the Effective Date. Licences for the trial period of BEE-WORX event manager, which are generally of limited duration, may be terminated at any time at BEE-WORX’s sole discretion. For licences for all other editions, the Initial Term shall be that which you select during the online subscription process or as mutually agreed in an Order Form; it shall commence on the date on which you agree to pay for the Service by completing the online subscription form or on the start date specified in the Order Form. Upon expiry of the Initial Term, this Agreement shall be automatically renewed for successive renewal periods equal to the Initial Term (or one year, if the Initial Term exceeds one year) at BEE-WORX’s then-current rates. Either party may terminate this Agreement or reduce the number of licences, such termination or reduction taking effect only upon expiry of the then-current Licence Term, by giving written notice to the other party at least five (5) working days before the invoice date for the following period. In the case of a free trial, the notification provided via the Service indicating the number of days remaining in the free trial period shall constitute notice of termination. In the event of termination of this Agreement (not attributable to a breach on your part), BEE-WORX will make a file containing the Customer Data available to you within 30 days of termination, provided you request this at the time of termination. You agree and acknowledge that BEE-WORX is under no obligation to retain the Customer Data for more than 30 days following termination and may delete it after this period.
  
  
 
 
 
 

12. Termination for Cause

Any breach of your payment obligations or any unauthorised use of BEE-WORX’s Technology or Service shall be deemed to constitute a breach of a material obligation under this Agreement. BEE-WORX may, at its sole discretion, terminate your password, account or right to use the Service in the event of a breach or any other failure to comply with the provisions of this Agreement. BEE-WORX may also, at its sole discretion, terminate a free account at any time. You agree and acknowledge that BEE-WORX is under no obligation to retain Customer Data and may delete such data in the event of a breach by you of a material obligation under this Agreement, including, without limitation, if you have failed to pay outstanding fees, and such breach has not been remedied within 30 days of notification of the breach.
  

13. Déclarations et Garanties

Chaque partie déclare et garantit qu'elle a le pouvoir et l'autorité juridique de conclure le présent Contrat. BEE-WORX déclare et garantit qu'il fournira le Service d'une manière conforme aux règles du secteur, raisonnablement applicables à la fourniture du Service et que celui-ci fonctionnera pour l'essentiel conformément à la documentation d'aide en ligne de BEE-WORX, dans des circonstances et des conditions d'utilisation normales. Vous déclarez et garantissez ne pas avoir donné de fausse identité ou d'informations erronées pour avoir accès au Service, et garantissez l'exactitude de vos informations de facturation.
 

14. Mutual Compensation

You agree to indemnify and defend BEE-WORX, its licensors and all parent companies, subsidiaries, affiliates, representatives, directors, employees, solicitors and agents of each of these parties against all claims, expenses, damages, losses, liabilities and costs (including legal fees and expenses) arising out of or in connection with: (i) any claim that the use of the Customer Data infringes or infringes upon the rights of a third party; (ii) any claim which, if valid, would result from a breach by you of your representations and warranties; or (iii) any claim arising from a breach by you or your Users of this Agreement, provided in such a case that BEE-WORX (a) promptly notifies you in writing of the claim; (b) entrusts you with sole control of the defence and settlement of the claim (provided that you may only settle or defend against a claim if you fully indemnify BEE-WORX and such settlement does not affect BEE-WORX’s business or the Service); (c) provides you with all necessary information and assistance; and (d) has not settled or compromised such a claim.

BEE-WORX undertakes to indemnify and defend you, as well as your parent companies, subsidiaries, affiliated companies, representatives, directors, employees, lawyers and agents, against any claims, expenses, damages, losses, liabilities and costs (including lawyers’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service constitutes a direct infringement of a third party’s copyright or trade mark; (ii) a claim which, if valid, would result from a breach by BEE-WORX of its representations or warranties; or (iii) a claim arising from a breach of this Agreement by BEE-WORX; provided that you (a) promptly notify BEE-WORX of the claim in writing; (b) grant BEE-WORX exclusive control over the defence and settlement of the claim (on the understanding that BEE-WORX may only settle or defend against the claim if it fully indemnifies you); (c) provide BEE-WORX with all necessary information and assistance; and (d) have not settled or compromised such a claim. BEE-WORX shall have no obligation to indemnify you, and you shall indemnify BEE-WORX in accordance with this Agreement against any claims arising from any breach resulting from the combination of the Service with any of your products, services, equipment or business processes.

15. Disclaimer

BEE-WORX AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BEE-WORX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (A) THAT USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL OPERATE IN CONJUNCTION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THAT THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS; (C) THAT ANY DATA STORED WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, (E) THAT ERRORS OR DEFECTS WILL BE CORRECTED, NOR (F) THAT THE SERVICE OR THE SERVER(S) MAKING THE SERVICE AVAILABLE WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL ITS CONTENT ARE PROVIDED ‘AS IS’. BEE-WORX AND ITS LICENSORS EXCLUDE ALL LIABILITY IN RESPECT OF EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  

16. Availability of services

The Services, Applications and third-party services, or the items or products offered through the Services, may be unavailable from time to time, may be available for a limited period, or may vary depending on the region you are in or the device you are using. If you change the location associated with your BEE-WORX account, the services you have subscribed to may be subject to limitations, delays and other issues inherent in the use of the internet and the nature of electronic communications. BEE-WORX shall not be held liable for any delay, failure to use the service or any other damage resulting from such issues.

We make every effort to ensure that the Services remain available. However, all online services are subject to occasional disruptions and outages. In the event of a service outage or interruption, you may temporarily be unable to access Your Content. We recommend that you regularly back up Your Content and the Data you store using the data export options provided by the Service.

16.1 Force majeure

The validity of the Subscription and the associated Purchase Order may be suspended in the event of a Force Majeure event.

Force Majeure shall be deemed to include any unforeseeable, unavoidable event beyond the control of the Parties which renders it impossible to access the services contracted for under this Subscription and the associated Purchase Order, in accordance with the conditions defined by law and case law.

BEE-WORX undertakes to inform the Customer/User as soon as possible, in writing or by email, of the duration and foreseeable consequences of the event constituting Force Majeure and of the measures envisaged to enable services to return to normal as soon as possible.

If, in a case of Force Majeure, a return to normal service is not foreseeable within a reasonable timeframe, the Customer is entitled to demand the permanent termination or temporary suspension of their subscription.

17. Limitation of Liability

THE TOTAL LIABILITY OF EACH PARTY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID AND/OR OWED BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY NOR ITS LICENSORS SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR ANY OTHER FINANCIAL BENEFIT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED THROUGH OR VIA THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN THE CONTENT FOR ANY REASON WHATSOEVER, EVEN IF THE PARTY AGAINST WHOM DAMAGES ARE CLAIMED OR THAT PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  

18. Additional Rights

Some states and/or jurisdictions do not permit the exclusion of implied warranties or the limitation of liability for incidental, consequential or other damages; therefore, the exclusions set out above may not apply to you.
  

19. Local Legislation and Export Controls

This website provides services and uses software and technologies that may be subject to export control regulations in France and the European Union. Accordingly, you agree to comply fully with all French and European Union export laws and to be solely responsible for obtaining any export or re-export authorisations as required.

This website may use encryption technology that is subject to licensing requirements under Council Regulation (EC) No 1334/2000, establishing a Community regime for the control of exports of dual-use items and technology.

BEE-WORX and its licensors make no representation as to the suitability or availability of the Service for use in other locations. If you use the Service from a region other than France and/or the European Union, you are solely responsible for complying with all applicable laws, including, in particular, the export and import regulations of other countries. Any misuse of the Content in contravention of French or European legislation (including that of the Member States of the European Union) is prohibited.

20. Notification

BEE-WORX may send notifications by means of a general notice on the Service, by email to the email address you have provided in your account details to BEE-WORX, or by written notice sent by priority post or properly stamped post to your postal address as held in your account details by BEE-WORX. The notification shall be deemed to have been made 48 hours after dispatch by post (in the case of priority or properly stamped post) or 12 hours after dispatch (in the case of email). You may send a notification to BEE-WORX at any time (the notification being deemed to have been given upon receipt by BEE-WORX) in accordance with the following procedures: by letter delivered via a nationally recognised express delivery service or by priority post, duly stamped, to BEE-WORX at the following address (as applicable): BEE-WORX SA, 5 allée Mirabeau, 77200 TORCY – France.
  

21. Technical Support

Technical Support is a standardised online user support service provided free of charge by BEE-WORX during the trial period and as part of a subscription. The purpose of the Technical Support service is to explain how the service works and/or to resolve any malfunctions, or to receive suggestions for improvement. The “Technical Support” service does not cover, nor does it guarantee, the improvement of existing features or the addition of new features at the user’s request. The user may open free support tickets via the “Support” section, subject to a reasonable monthly limit on the number of tickets. BEE-WORX estimates a reasonable number of support tickets to be 3 tickets per month or a total of 36 tickets per year. Beyond this number, BEE-WORX reserves the right not to process requests deemed repetitive or excessive, or to charge a fee for processing requests exceeding the monthly quota. BEE-WORX is also entitled to require users to systematically and exclusively use this service when seeking technical assistance. Support tickets will be processed according to their level of urgency during opening hours.
 

22. Amendments to the Provisions

BEE-WORX reserves the right to amend the provisions of this Agreement or its policies relating to the Service, as well as any changes arising from software updates, at any time; such amendments shall take effect upon the publication of an updated version of this Agreement on the Service. It is your responsibility to review this Agreement regularly. Your continued use of the Service following such amendments shall constitute your acceptance of them.
 

23. Transfer, Change of Control

You may not assign this Agreement without BEE-WORX’s prior written consent, but BEE-WORX may assign it without your prior consent to (i) a parent company or subsidiary, (ii) a purchaser of assets, or (iii) a successor in title, following a merger. Any purported assignment in breach of this section shall be null and void. BEE-WORX reserves the right to terminate this Agreement with immediate effect, upon simple notice, in the event of any actual or proposed change of control affecting you which results in, or is likely to result in, a direct or indirect shareholding of 50 per cent or more in your company by a company that is a direct competitor of BEE-WORX.
 

24. General Provisions

This Agreement shall be governed by the laws of France. Any dispute, legal action, claim or cause of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Paris. No text or information appearing on any purchase order, form or pre-printed document (other than an Order Form, where applicable) shall supplement or amend the provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the provision(s) in question shall be interpreted as closely as possible to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. There is no joint venture, partnership or employer-employee relationship between you and BEE-WORX arising from this Agreement or the use of the Service. BEE-WORX’s failure to exercise any right or provision under this Agreement shall not constitute a waiver of that right or provision, unless BEE-WORX has acknowledged and agreed to such waiver in writing. This Agreement, together with any applicable Order Form, constitutes the entire agreement between you and BEE-WORX and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties in relation to the subject matter hereof.
  

25. Definitions

In this Agreement and in any Order Form or purchase order currently or subsequently associated with this Agreement: ‘Agreement’ means these online terms of use, any Order Form, whether in writing or submitted online via the Online Order Centre, and any document available on BEE-WORX’s website specifically incorporated herein by reference; such documents, including the provisions of this Agreement, may be updated from time to time by BEE-WORX at its discretion; “Content” means the audio and video information, documents, software, products and services contained within this Service or made available to you whilst using it; “Customer Data” means all data, information or documents provided or submitted by you to the Service during its use; “Effective Date” means the earlier of the date on which you accept this Agreement by selecting the “I Accept” option displayed on screen after this Agreement has been shown to you, and the date on which you begin using the Service; “Initial Term” means the initial period during which you are obliged to pay for the Service, corresponding to the billing frequency you selected during the subscription process (for example, if the billing frequency is quarterly, the Initial Term is the first quarter); ‘Intellectual Property Rights’ means unpatented inventions, patent applications, patents, designs, copyright, trade marks, service marks,

trade names, domain names, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and similar forms of protection anywhere in the world; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by signing written Order Forms, to create User accounts, and to otherwise manage your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are authorized to use the Service pursuant to the Order Form(s); "Order Form(s)" means the form evidencing the initial subscription to the Service and any subsequent order form submitted online or in written form, specifying, in particular, the number of licenses and other services you have contracted, the applicable fees, the billing period, and other charges agreed upon between the parties, each such Order Form to be incorporated into and become a part of this Agreement (in the event of any conflict between the terms herein and those of any Order Form, the terms of this Agreement shall prevail); "Online Order Center" means BEE-WORX's online application that allows your designated License Administrator to, among other things, add additional Users to the Service; "BEE-WORX" means collectively BEE-WORX SA., a French company with its registered office at 5 allée Mirabeau - 77200 Torcy; "BEE-WORX Technology" means all proprietary technology of BEE-WORX (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical documents or information) made available to you by BEE-WORX in providing the Service;

"Service(s)" means the specific edition of BEE-WORX’s online customer relationship management, billing, data analysis, or other corporate ERP services identified during the ordering process, developed, operated, and maintained by BEE-WORX, and accessible via the website http://www.bee-worx.net or another designated website or IP address, or ancillary online or offline products and services provided to you by BEE-WORX, to which you are granted access under this Agreement, including BEE-WORX Technology and the Content; "Solutions" means the operational functions documented online or specified in the order form and made available to the Client as part of the "Application Services" covered by the contract; "Credentials" means both the user's specific identifier ("Username" or "Login ID") and the connection password ("Password"), provided after registration for the service or created by the user; "Internet" means the global system of interconnected networks located in all regions of the world; "Intranet" means the computer network specific to a company or organization, utilizing TCP/IP protocols and, more generally, Internet technologies, which may be connected to the Internet network; "Software" means any software provided by the Provider to the Client, and in particular the associated Solutions; "Application Service" means the service offered in SaaS mode by the Provider, enabling the use of the Solutions by the Client; "User" means the individual under the Client’s responsibility (employee, staff member, representative, etc.) who benefits from access to the Application Services on their computer under the terms of the user license contracted by the Client; "Support" means an assistance service provided by the Provider directly to the User to assist them in performing tasks that can be completed using the Application Service; "Support Ticket" means a request for intervention submitted by a User or by the Client to the Provider, the opening of a ticket being materialized by filling out a form; "Support Ticket Tracking" means the exchange between the two Parties regarding the fulfillment of a Support request; "Support Ticket Closure" marks the end of the support request; "Maintenance" means the routine upkeep tasks performed regularly by the Provider to ensure the proper functioning of the Application Service and the integrity of the Client's data; "Import" means the bulk injection of external data into the Software via an upload mechanism according to the format required by the Application Service and otherwise documented online; "Export" means the action of retrieving data via a download mechanism, generally in a format compatible with spreadsheet software; "Technical Support" means a user assistance service offered as part of a subscription.

Translated from French with Deepl.
 

Questions or Additional Information

If you have any questions regarding this Agreement or wish to obtain additional information, please use the contact form to write to us,

BEE-WORX sasu, 5 allée Mirabeau, 77200 Torcy, France | SIRET : 80952889600016

Last Update : 26/05/2021