General Terms of Use of the SaaS service (GTUS)
of Ab1 Consulting


Valid from June 1, 2021


This agreement is concluded between:

- Ab1 Consulting, a commercial company incorporated under French law, with its head office at 119 B, rue de l'évêché 13002 Marseille

France (hereinafter referred to as "Ab1 Consulting").

and

- Any natural or legal person, private or professional, under private or public law, wishing to use the Ab1 Consulting service provided by the company Ab1 Consulting (hereinafter the “client”).


The GTUS apply to all registrations received by Ab1 Consulting regardless of whether they are issued by professionals, traders, companies or individuals.

The information published on https://www.ab1consult.com and / or its affiliates are provided for information only and Ab1 Consulting may change them at any time without notice. The customer's acceptance of the GTUS and the validation of the contract are materialized by the customer when his payment method is entered from the Ab1 Consulting customer interface provided by Ab1 Consulting and published at the address https://myaccount.ab1consult.com

The acceptance of GTUS is also materialized when the client uses the online services of Ab1 Consulting.


Article 1. Definitions


Browser : software used to browse computer networks and in particular the Internet.

Client administrator: A competent person who exercises roles that administer software at Ab1 Consulting

client : Any natural or legal person registered to use, whether on a free or paid basis from Ab1 Consulting software in accordance with the GTUS.

Contract : Considered in its entirety, it is the client 's registration on the Ab1 Consulting site or related sites with a view to using the Saas services of Ab1 Consulting in accordance with the GTUS.

Identifiers : The pair of data corresponding to a "User ID" and "Password" which is necessary for each user to be able to connect to the Ab1 Consulting platform.

Password : The collection of characters and numbers (fixed or usable at one time) that is associated with the user ID that is required for the client's connection to the Ab1 Consulting platform.

Product and / or service : All types of products or services offered to the client by Ab1 Consulting on sites like https://www.ab1consult.com , https://www.ab1consult.store/"> or any site where Ab1 Consulting offers an offer in SaaS mode. These sites are collectively referred to as Ab1 Consulting sites.

Registration : action carried out by a client, who submits his contact details in order to use one or more Ab1 Consulting on a free or paid basis. Registration and use of the service are deemed to be equivalent to a service order.

User: Designation by name at Ab1 Consulting, of a natural person via an identifier.


Article 2. Execution, rates, payments


Section 2.01 - Services offered by Ab1 Consulting

  1. Ab1 Consulting makes available to its clients, on a free or paid basis, access to online OpenSource software (such as Dolibarr ERP & CRM, Joomla, PrestaShop, MediaWiki, etc.) and accessible via the Internet by a Web browser. The Ab1 Consulting offer allows its users to pay only for the number of users, not deactivated, created in their instance. In addition to the software, Ab1 Consulting also provides the disk space available for each client to store and access their data. The size of this disk space is explicitly defined on the Prices page. If the storage capacity as specified by Ab1 Consulting is exceeded,the customer will be invoiced in accordance with the GTUS in force and with the prices published on the website of Ab1 Consulting from the month following the overrun.

  2. The Software may be modified by improvements or updates without notice to customers, although in practice updates are made at the request of the customer.

  3. Ab1 Consulting reserves the right to stop providing a given service. If such an event occurs, customers will be notified of this by all available means and will continue to have access to such service for the remaining period of the contract or will be given at least 3 months' notice before the suspension is final (The customer can during this time use the possibility of reversibility (see below) to change supplier.

    The recommendations provided by Ab1 Consulting support are only indicative purposes relating to the use of the software, and cannot be considered as recommendations concerning the organization or internal management of the client's commercial activities.


Section 2.02 - Access to Services

Access to the services provided by Ab1 Consulting requires registering on the Ab1 Consulting website and accepting its GTUS.

  1. Creation of a customer account:

    For any service order from Ab1 Consulting, the customer must create a customer account, providing information that must be accurate and kept up to date (address and email).

  2. Order confirmation :

    After registration, Ab1 Consulting sends an email confirming the registration and reminding the customer's login details.

  3. Execution of the order:

    The Service will be made available to the customer after Ab1 Consulting has activated their Customer Account.

  4. Access to services, identifiers:

    Once activated, the services are accessible via the links sent by e-mail to the customer with identifiers which are specific to him and will allow him to connect to his instance. Some offers offer technical access such as SSH, SFTP and Mysql. These identifiers are provided in addition to access to the web application by a web browser, and are provided in order to offer the customer complete control of their data for the purposes of backups, maintenance or migration operations. Regular use of these accesses outside a Web browser is not recommended because of the possibility of having such access temporarily disabled for technical maintenance reasons, in particular to ensure backups.

    Ab1 Consulting can at any time check the way in which the client connects to the system. If an unreasonable use is made of identifiers, which means that too many connections are made on the same Identifier from several users, Ab1 Consulting can invoice these additional users and / or suspend the account if the customer refuses to pay for the misuse of its instance. The client acknowledges that the techniques used by Ab1 Consulting affect a complex area of ​​information technology. Ab1 Consulting undertakes to put in place the means to limit as much as possible the duration and the number of service interruptions for maintenance or upgrading. It is therefore the customer's responsibility to guard against these risks.Ab1 Consulting should not be held responsible for any indirect damage that the client may suffer due to the unavailability of services. Ab1 Consulting reserves the right to prohibit on its servers files imported by the client which may be deemed technically incompatible with the servers or be detrimental to their performance, integrity (such as virus, spam, etc.). The use of the platform for sending unsolicited mail and outside the framework of the legislation is strictly prohibited.

  5. Management of additional user accounts:

    When registering and opening a customer account, an identifier for administrator access is created for the customer. However, the customer can, if he wishes, create additional user accounts to provide access, to more than one person, to the services made available to the customer, including access to his data. The administrator of the customer account can create and delete user accounts at any time by connecting to his administration tool. The creation or deletion of additional user accounts does not change the registration data or the contractual period. An unlimited number of additional identifiers can be created. However, the use of the service by all users created by the client will be billed in accordance with the current rates displayed on the website of Ab1 Consulting. The client is responsible for ensuring that its users are aware that they are using the subscribed services of Ab1 Consulting.

  6. Changes to registration:

    When using the Ab1 Consulting services, the customer has the right to modify his registration methods in his personal space.

    Only the client and administrator of the client's account of Ab1 Consulting is authorized to change the details of a registration. A change can also include subscriptions to other existing paid services. Any change in subscribed services may involve a change in the quantity of services billed to the customer each month. If a client deletes all of his user accounts, Ab1 Consulting must consider this decision equivalent to a termination of the contract. In such a case, all unpaid invoices remain due and all customer data will remain stored on Ab1 Consulting's servers for at least 2 months.


Section 2.03 - Pricing, Billing

  1. Prices :

The prices for the products and services provided by Ab1 Consulting are presented on the website of Ab1 Consulting.

Ab1 Consulting reserves the right to make promotional offers which would be valid for a period explicitly indicated on its website and these promotional offers cannot be interpreted as forming part of its standard price. The prices are expressed in euros and exclude taxes. The amount invoiced to a customer must therefore be increased by the taxes applicable on the invoice date. Ab1 Consulting reserves the right to modify its prices. Customers will be notified by email, and / or online, of changes to pricing immediately. The new rates will take effect for new customers when they sign up, and for existing customers, three months after their notification.

Ab1 Consulting reserves the right to immediately collect any new tax or increase in the rate of existing taxes. The prices indicated on the Ab1 Consulting site do not include the cost of Internet access or the cost of telephone lines. These costs are supported by the customer separately. The customer is responsible for his own Internet connection.

Ab1 Consulting will not be held responsible for the quality of the connection offered by the Internet service provider.

The services provided by Ab1 Consulting are payable in advance at the beginning of the month in which the service is used. The client is solely responsible for the payment of all sums due under the Ab1 Consulting contract. The parties expressly agree that, unless a request is presented to it with sufficient notice and approved by Ab1 Consulting in writing, the non-payment of all or part of the due authorizes Ab1 Consulting to :

  1. Billing:

Throughout the contract period, Ab1 Consulting will provide billing information to the customer through the online customer area. Customers can pay their bills by the following methods:


Article 3. Period and renewal, termination of the contract


Section 3.01 - Period and renewal

The contract takes effect on the day the client registers on the Ab1 Consulting sites. The contract will be tacitly renewed by the payment of the previous invoice.


Section 3.02 - Termination of the contract by the customer

The customer may choose to cancel an instance's contract at any time subject to one month's notice prior to its end date and / or renewal date. The customer can terminate the contract in one of two ways:

The termination of the customer can be immediate but the sums already committed are due and the customer must pay all the amounts due to the Company on the effective date of termination. If a payment made by the client for an amount due is rejected, Ab1 Consulting may consider that the client has terminated the contract on the payment due date.

Ab1 Consulting may continue to save or keep the data of the customer whose contract has been terminated, for a period ranging from 28 days to 6 months maximum (except in the event of an explicit request for complete destruction). After which Ab1 Consulting can destroy the data, without incurring any claim for damages, or be held liable for compensation of the client.

The sums due for services related to the use of Ab1 Consulting products and services will remain due and must be paid by the customer within 15 days of the date of termination of the contract.


Section 3.03 - Termination of the contract for other reasons

Ab1 Consulting reserves the right to unilaterally terminate the contract at any time if the client does not respect his contractual or legal obligations. The customer will be informed by email and will have access to the service for a maximum of 15 days from the date on which the information was sent. Ab1 Consulting will store the client's data for 28 days, after which Ab1 Consulting can destroy the data, for which the client cannot claim damages.


Section 3.04 - Reversibility

Ab1 Consulting offers are open offers. That is to say that the user has access to the application files but also to the data. As a result, it is possible to recover all its files (via an SFTP type transfer software for example) but also its entire database (via the realization of a dump of its database, either from the software even, or using a database dump tool compatible with the database and the version offered). The customer is therefore free to switch his hosting to another supplier, at any time, and without intervention on the part of Ab1 Consulting. However, the operation must be done before terminating his account, the termination having the effect of suspending access.


Article IV. Ab1 Consulting guarantees, obligations and responsibilities


Section 4.01 - Ab1 Consulting Guarantees

  1. Ab1 Consulting does not guarantee the performance of the services it offers. The software that Ab1 Consulting makes available to the client is taken "as is", which means that it has not been specifically adapted for particular purposes. Standard versions of these software meet a number of requirements, but cannot cover all the specific needs of every customer. The client is therefore responsible for verifying that the services offered by the Ab1 Consulting service meet their real needs and is responsible for ensuring all the necessary precautions for this.

  2. Ab1 Consulting does not guarantee that the Service will be free from anomalies or errors, or that the software will be free from original anomalies, or that the Service will operate without any interruption or failure, or that it is compatible with n '' any material or particular configuration other than that expressly declared by Ab1 Consulting.


Section 4.02 - Ab1 Consulting Obligations

A) Access to services:

The client acknowledges that Ab1 Consulting provides services based on complex information technologies and therefore that Ab1 Consulting's contractual commitment is on a best-endeavors basis. By virtue of this commitment, Ab1 Consulting undertakes to take all possible measures to ensure a quality service in accordance with best industry practices and the state of the art.


Ab1 Consulting will endeavor to provide 24/7 web access every day of the year, except in the case of force majeure as defined in the chapter "Force Majeure" below, in the event of a breakdown at the host of the material infrastructure, or for reasons of unavoidable downtime for the maintenance necessary for the proper functioning of services and equipment. Ab1 Consulting will take all possible measures to provide access of sufficient quality to monitor changes in traffic. If traffic increases too quickly, Ab1 Consulting may experience slowdowns while taking corrective actions. The customer acknowledges that the software used on the server platform is a tool whose design is particularly complex from a technological point of view and that in the current state of knowledge, it cannot be fully tested or proven by an experiment which would cover all the possibilities of use. The customer therefore accepts the risk that the server platform may be imperfect or unavailable.

B) Service interruptions:

Interruptions of services for software updates (e.g. installation of new software, installation of new versions of software, including major changes to the database, etc.) will not exceed once per month. If it is absolutely necessary, Ab1 Consulting reserves the right to interrupt the service to carry out technical maintenance or improvements to ensure the proper functioning of its services regardless of the time and duration of the intervention. Interruptions of service in this context do not entitle the customer to claim damages. Service commitments are defined on our SLA Page.

C) Backups:

Ab1 Consulting undertakes to take all reasonable precautions to ensure the material protection of data. However, Ab1 Consulting will not be responsible for any loss of data among customers.


Section 4.03 - Responsibilities of Ab1 Consulting

Under no circumstances can Ab1 Consulting be held responsible for any damage caused to the client or to a third party due to :

Ab1 Consulting will therefore not be responsible for direct or indirect, material or immaterial damage caused by the use of a service. The customer is free to take out insurance covering this type of risk. Ab1 Consulting customers and users release Ab1 Consulting, its subcontractors and partners from all liability. In the event that Ab1 Consulting should be held responsible, any compensation may not exceed the amount of services invoiced for the faulty product or service. The customer declares that he is fully aware of the risks and limitations of using the Internet.


Ab1 Consulting cannot be held responsible for any of the following:


Section 4.04 - Confidentiality, Privacy

Under no circumstances, Ab1 Consulting, nor its partners, have the right to give, sell or use for commercial purposes or not, the data entered by the user in the context of the use of the Ab1 Consulting service. All of Ab1 Consulting's commitments and detailed information with respect to the GDPR are defined on the following page.


Article V - Obligations of the client.

  1. The customer confirms that he has the faculty, the authority and the capacity to accept and perform the obligations of this contract.

  2. The client undertakes to communicate to Ab1 Consulting any change of information concerning him, his personal details or his company required for the operation of the service (such as, for example, the contact email).

  3. The client is entirely and exclusively responsible for the use of the identifiers necessary to use the services of Ab1 Consulting to which he has subscribed. Ab1 Consulting will not be held responsible for any illegal or fraudulent use of the identifiers made available to the customer. Identifiers and their disclosure are considered confidential. The client, to the exclusion of Ab1 Consulting, is solely responsible for any alleged disclosure of a password, whether intentional or not.

  4. The client undertakes to inform Ab1 Consulting within 7 days of any change in his situation and within 48 hours of any loss of password.

  5. The client is fully and exclusively responsible for the data that he transfers to Ab1 Consulting and which is made available to all administrators and authorized client users. The client undertakes to comply with all legal and regulatory requirements in force, in particular those relating to computer technologies, files, data confidentiality and intellectual property, and to make all the required declarations with the data protection authorities. The customer is therefore solely responsible for the use of the data that he disseminates and that he consults on the websites of Ab1 Consulting and its sub-domains. The use of the platform to send unsolicited mail is strictly prohibited.

  6. The client declares that he fully accepts all legal obligations arising from the ownership of his services, and Ab1 Consulting cannot be involved in this matter for any reason, in particular in the case of a violation of applicable laws or regulations to the client. Failure by the client to comply with the points cited in the GTUS and the points cited in special conditions, and in particular any activity that may engage civil and / or criminal liability, will give Ab1 Consulting the right to suspend immediately and without notice its services to the client and terminate the contract.

  7. The customer must use the Ab1 Consulting Software in accordance with the specifications in the GTUS or in the online help for the software provided.

  8. The client acknowledges that he has verified that the service is adequate for his needs and that he has received all the necessary information from Ab1 Consulting to subscribe to the contract. In addition, the client acknowledges that he has been fully informed by Ab1 Consulting of the extent of his contractual obligations under the terms of this Contract.

  9. The client acts as an independent entity and consequently assumes all the risks arising from its activity. The customer is solely responsible for the subscribed services, the content of the information entered and the files distributed or collected, their use and updating.

  10. Any customer complaint against Ab1 Consulting must be submitted by the customer, from the customer area, no later than 48 hours after the original event, or 2 months after in the event of a billing incident, otherwise it will lapse.


Article VI. Force Majeure

For the purposes of these GTUS, force majeure is defined as an unforeseen and / or inevitable event beyond the control of Ab1 Consulting such as, for example, but not exclusively, a failure of the hosting provider, attack, war, natural disaster like flood or earthquake, blackout. If force majeure prevents, restricts or interrupts the execution of the Contract, or any obligation of Ab1 Consulting under the contract or these GTUS, Ab1 Consulting will be released from the execution of the contractual obligations concerned. If such a case occurs, Ab1 Consulting can request that the contract be canceled, without any obligation for the client to pay compensation or even the sums due on the date of the termination request.

In any case, the defaulting party suffering from the force majeure must keep the other party informed of the probability of the end of the force majeure or its extension, and the obligations arising from this contract will be suspended for the period of the force majeure. .


Article VII. General provisions

Section 7.01 - Severability

  1. This contract cancels and replaces all other previous offers and agreements concerning the same subject. The nullity of one of the clauses of the contract due to a law, a regulation or a decision of a court having jurisdiction in a dispute will not cancel the rest of the clauses of the contract, which will continue with full force and effect. for both parties.

  2. No provision of this contract shall be deemed to have been set aside, improved or modified by either party unless such change has been previously issued in writing and signed by employees or authorized agents of the parties as an addendum to the this contract expressly citing the decision to set aside, improve or modify the application of said contractual clause.

  3. Ab1 Consulting's failure to invoke a particular clause of this contract at any given time, and / or the client's failure to perform a particular contractual obligation, cannot be interpreted as a waiver by Ab1 Consulting of its right to invoke any contractual clause or obligation. Notifications and communications in the execution of this contract must be communicated by mail to both parties.

  4. Consequently, no particular condition can replace the GTUS except formal and written acceptance by Ab1 Consulting. Any contrary provision invoked by the client will not apply to Ab1 Consulting unless Ab1 Consulting has expressly agreed to it, regardless of the date on which it became aware of it.

Section 7.02 - Communications

For all exchanges of electronic information messages between the client and Ab1 Consulting, the date and time of the Ab1 Consulting server will be times. This information will be stored by Ab1 Consulting for the entire period of the contractual relationship with the client. All notifications and communications in accordance with the general conditions must be considered as duly received when they are sent to the main mailbox of Ab1 Consulting: contact@ab1consult.com

Section 7.03 - Advertising and promotion

Ab1 Consulting may refer to the services provided to the client for advertising purposes, shows, conferences and specialized publications in professional circles.


Article VIII. Applicable law and jurisdiction


Section 8.01 - Applicable law

This contract is governed by French law on both form and substance.

Section 8.02 - Data protection

Customers and Prospects who have sent personal data to Ab1 Consulting have the right to access, rectify, modify and delete information relating thereto. All customers and prospects can exercise this right by sending an email to contact@ab1consult.com

Section 8.03 - Jurisdiction

In the event of a dispute with a customer who is not considered a consumer within the meaning of the French Consumer Code, jurisdiction is expressly attributed to the Arbitrary Court of Paris (France), despite a plurality of plaintiffs or the introduction of third parties.



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Dolibarr is a registered trademark of Laurent Destailleur (founding manager of Ab1 Consulting) and of the Dolibarr association.