Definition

For the purposes hereof, the term "Company" refers to the Company CT Mer Forte.

Distributor means a third party authorized by DS to distribute the DS Offering and Support Services.

For any DS offer that the Customer obtains through a distributor, the customer acknowledges and agrees that the distributor is responsible, for any purchase order that the latter accepts, for the determination of the price, the terms of payment and collection, and the delivery. DS remains independent of the Distributor and is not responsible for the actions or omissions of the Distributor. The term "Customer" designates any natural or legal person who buys or expresses the wish to buy the products sold by the Company CT Mer Forte. These general conditions, the quote issued by the company and accepted by the customer are the contractual documents

 

Object

The purpose of these general conditions is to govern and define the rights and obligations of each of the parties to any contract concluded between the Company and its Customers relating to the sale of computer equipment and the sale and/or use of products designed by software publishers of which the Company is a distributor or services provided by the latter but related to the software sold. These conditions exclude the application of any other document issued by the Customer and in particular its own general conditions of purchase. 

 

Forming the contract

Any product or software sold by the Company is the subject of a detailed and quantified estimate sent to the Customer and valid for a specified period.   Beyond that, it lapses and is therefore no longer worth an offer to sell. The contract is deemed to be validly formed upon acceptance of the quote by the customer within this period. The Company will be bound by its obligation to deliver the products or services covered by the contract from full payment of the price under the conditions set out in article 4 hereof.

 

Price - Payment term - Discount - Indexation

The price fixed in the contract is payable in cash upon receipt of the invoice, unless otherwise mentioned on the invoice. Any amount due and not paid on the due date will produce for the benefit of the Company, ipso jure and without prior notice, late payment interest equal to 3 times the legal interest rate and a fixed indemnity for recovery costs of an amount of 40€. No discount will be granted in the event of early payment. Notwithstanding the payment of interest, the Company may use the option of termination provided for. The amount of the annual fee for our maintenance contracts will be reassessed each year on the anniversary date of the contract.

 

Discounts

The conditions of discounts are those fixed in the tariff conditions applicable on the day of the conclusion of the contract.

 

Offers

PLC: Software purchase

QLC: Rent by the quarter

YLC: Year-round rental

ALC: Annual license coast

 

Duration and renewal

The PLC is conferred for a duration of one year. The ALC (annual license coast) in the absence of contrary will of the customer expressed by LRAR 30 days before the expiry of the anniversary date, the latter will be automatically renewed and the customer will therefore be required to pay the price of the ALC for the year concerned within two months. In the event of renewal, the company will communicate to the customer, upon receipt of the price of the ALC for the coming year, the activation keys allowing the customer to use the software for an additional year from the renewal.

 

ALC Award

The price of ALC  appearing in the quote accepted by the Customer corresponds to the annual fee for a single year of use of the software purchased by the customer. The price of the ALC  sold by the Company may vary significantly from one year to the next depending on the modification of the prices charged by its supplier who is also the software publisher. The Company will inform the Customer before the expiry of the annual Right to use the software.

 

License Mode

The PLC software which will be acquired by the customer according to the license mode (and specified as such in the initial quote) may be used without the need for the customer to hold an ALC. In the absence of renewal of the contract under license mode, the customer will still be able to use the software, but without benefiting from the updates. 

 

Delivery

Mer Forte undertakes to deliver the DS Offers to the Client or to make them available to him electronically. Electronic deliveries will be made by providing the Customer with the necessary information allowing him to access the online services and/or download the Software. 

 

Title retention clause

CT Mer Forte and DS retain ownership of all intellectual property rights attached to all DS Offers and all modifications, improvements and other works derived therefrom. Software is licensed, not sold. The Customer undertakes to preserve and reproduce on any partial or complete copy of a DS offer the mentions relating to any copyright, patent or trademark appearing on the said DS Offer. The Client acknowledges that the methodologies and techniques contained or expressed in the DS offers constitute information or commercial secrets belonging to DS or CT Mer Forte, whether or not marked “confidential”. The Customer undertakes to treat them as confidential information and not to disclose them.

 

Privacy

The information concerning the Client or relating to its activity of which the Company will be aware during its mission will be strictly confidential and may not be disclosed and/or communicated to third parties without the prior written authorization of the party, except that this disclosure or communication is binding on the Company pursuant to articles 434-1 and 434-3 of the Penal Code.

 

Applicable law and jurisdiction

This contract as defined in article 1 is governed, interpreted and applied in accordance with French law. Any dispute relating to or arising from the execution of this contract is submitted to the competent courts within the jurisdiction of the registered office of the Company.