General Terms and Conditions of Sale

Article 1. Preamble

TEAM’DOC is a simplified joint-stock company (SAS) with a share capital of €342,816, registered with the Paris Registry of Companies under the number 823 684 063, headquartered at 22 rue de Drouot, 75009 Paris, represented by Michel ROZENCWAJG, as its President.

TEAM’DOC developed an I.T. platform (hereafter referred to as the “SOFTWARE”) for healthcare professionals, which enables the transmission of data between users and facilitates the standardisation of hospital admissions. 

The SOFTWARE offered by the company TEAM’DOC is a standard product developed to meet the needs of the greatest number of USERS. It is incumbent upon the CLIENT to ensure the SOFTWARE is suitable for their purposes.

Article 2. Definitions

The implementation of this agreement requires that the following terms be understood according to the meaning set out below:

“ANOMALIES” refer to an inherent software failure to execute a task in line with its technical specifications that can be reproduced in the presence of a TEAM’DOC representative or identified by the latter and that is not the result of failure to comply with the SOFTWARE operating instructions or inappropriate HARDWARE operating conditions. 

“CLIENT” refers to the legal entity contracting with TEAM’DOC under the present terms and conditions. 

“GTCS” refers to the present General Terms and Conditions of Sale subject to which TEAM’DOC provides the CLIENT with services relating to the SOFTWARE and potentially EQUIPMENT, relating to SOFTWARE maintenance, assistance, and hosting.

“CONTRACT” refers to the present GTCS and the specific conditions agreed upon with the CLIENT when placing their order.

“SOFTWARE” refers to the Team’Doc software provided by TEAM’DOC to the USER.

“EQUIPMENT” refers to the hardware provided by TEAM’DOC to the CLIENT.

“PARTY” or “PARTIES” refers, individually or collectively, to TEAM’DOC and the CLIENT.

“PRODUCT(S)” refers to any SOFTWARE and EQUIPMENT provided by TEAM’DOC to the CLIENT.

“SERVICE(S)” refers to maintenance, assistance, and hosting services relating to the SOFTWARE provided by TEAM’DOC to the CLIENT.

“USER” refers to the natural person, of legal age and capacity, practicing, on the part of or in partnership with the CLIENT, a regulated healthcare profession as defined by the French Public Health Code (doctors, dental surgeons, midwives, chemists) or a regulated profession of a paramedical or social nature (healthcare assistant, paramedic, childcare assistant, healthcare manager, chiropractor, dietician, occupational therapist, nurse, nurse anesthetist, surgical nurse, radiological technician, physiotherapist, optician, speech therapist, osteopath, chiropodist, podiatrist, pedorthist, pharmacy technician, dental technician, psychologist, rehabilitation therapist, childcare worker, biomedical lab technician, social worker). Students and retirees of the above mentioned professional categories are also included in this definition. 

Article 3. Purpose

3.1. Any SOFTWARE sold by TEAM’DOC is subject to the present GTCS.

3.2. Any other conditions or clauses, in particular the CLIENT’s general terms and conditions of purchase, that do not conform with the present GTCS, are unenforceable against TEAM’DOC in the absence of express acceptance from a duly authorised TEAM’DOC representative.

3.3. Should the present CONTRACT be agreed upon through public procurement with a public health facility under article L.6141-1 of the French Public Health Code, the conditions of the French Public Procurement Code will prevail over the present GTCS.

3.4. By contracting with TEAM’DOC, the CLIENT expressly recognises that they have understood, accepted, agreed to abide by, and acknowledge that they are legally bound by these GTCS.

Article 4. Order confirmation

4.1. Orders are only recognised as definitively accepted by TEAM’DOC when written confirmation has been issued by a duly authorised TEAM’DOC representative, with the contract deemed to be in effect on written acceptance of the order.

4.2. The CLIENT must check the order confirmation and inform TEAM’DOC immediately of any error or irregularity in same. Otherwise, TEAM’DOC will deliver the SOFTWARE and EQUIPMENT in accordance with the order confirmation, which will be binding upon the CLIENT.

Article 5. Financial conditions

5.1. The PRODUCTS provided by TEAM’DOC are billed based on rates quoted to the CLIENT at the time of placing their order. Prices do not include tax.

5.2. In the event of late payment, the CLIENT may be liable, ipso jure, and without formal notice, for interest on the sums due at the rates of the Central European Bank surcharged by two (2) points for each month that payment is late, from the twentieth (20th) working day following the date on which the payment was due, all additional taxes are to be borne by the CLIENT, subject to any damages and interests to which TEAM’DOC may be entitled due to late payment and all other TEAM’DOC rights under the present conditions.

5.3. Non-payment by the date stipulated at the time of order, will lead, without formal prior demand, to:

  • suspension of all ongoing services or termination of the present CONTRACT. In such an event, amounts already paid by the CLIENT will not be recoverable from TEAM’DOC;
  • immediate payment of all amounts due, whatever be the method of payment, and a late payment fee at the rates of the Central European Bank surcharged by two (2) points, with the fee made due by mere fact of the expiration of the contract. The late fee is calculated pro rata temporis of one calendar month. 

Article 6. Delivery - Delay

6.1. Delivery is made depending on availability. Unless otherwise stipulated, the PRODUCTS will be delivered to the address specified on the purchase order. 

6.2. Delivery times are provided for information purposes only. Unless otherwise stipulated, any potential delays do not give cause for the CLIENT to terminate the agreement, to refuse delivery of the PRODUCTS or to claim any damages.

6.3. Any case of force majeure, unforeseeable events or any other causes beyond the control of TEAM’DOC and in particular fire, flood, riot, war, strike, embargo, decisions or restrictions on the part of State or administrative bodies, TEAM’DOC reserves the right to suspend or cancel the performance of all or part of its obligations under the present conditions. 

Article 7. CONTRACT duration

7.1. This CONTRACT will come into effect on the date of written acceptance of the order by TEAM’DOC, invoicing shall enter into force at the end of the predefined test period and will end in line with the duration agreed by the parties, no termination payment may be requested by either of the Parties. 

7.2. On expiry, this CONTRACT is extended by tacit agreement for a further year (1) unless terminated in writing by registered letter by either PARTY three (3) calendar months prior to the expiry of the contract term, including the first, neither Party having the right to claim the award of any damages or interest whatever the reason for termination.

Article 8. Termination

8.1. In the event any of the PARTIES or a USER should fail to perform any of their obligations under this CONTRACT, it may be terminated by registered letter with acknowledgement of receipt, should the other PARTY so wish, within thirty (30) calendar days of receipt of the request sent by registered letter with acknowledgement of receipt left with or without any/ or partial effect.

8.2. This CONTRACT may be terminated early in the event of non payment, initiation of safeguard proceedings, receivership or liquidation proceedings of either PARTY, in accordance with legal and regulatory conditions in force and subject to applicable public order (law n° 2005-845 of July 26th, 2005 concerning company safeguarding). 

8.3. The PARTIES may, at any time, terminate this CONTRACT early, by mutual agreement and without compensation.

Termination will take effect on receipt of registered letter with acknowledgement of receipt, from either PARTY, notifying the other of their consent to terminate this CONTRACT.

In the event of termination, the CLIENT commits to immediately returning all and any EQUIPMENT that may have been put at their disposal to TEAM’DOC. 

8.4. In any event, exercising the right to terminate this CONTRACT early does not relieve the defaulting PARTY of their contractual obligations until the date termination takes effect and subject to compensating the complainant for any loss or damage incurred due to early termination of this CONTRACT. 

8.5. In the event of late payment, all outstanding amounts will immediately come due for payment by the CLIENT to TEAM’DOC without prejudice to any proceedings that TEAM’DOC is entitled to take against the CLIENT. 

In the event of non compliance with the payment terms outlined above, TEAM’DOC reserves the right to suspend / cancel the provision of SERVICES ordered by the CLIENT, to suspend implementation of its obligations and to reduce / cancel discounts granted to the latter. 

Article 9. SOFTWARE usage rights 

9.1. This SOFTWARE user licence or subscription applies to all software including any programs incorporated in the PRODUCTS supplied by TEAM’DOC to the CLIENT.

9.2. Scope of licence or subscription 

9.2.1. In consideration of the licence fee on the PRODUCTS supplied in accordance with these GTCS or the SOFTWARE licence fee delivered to the CLIENT under these GTCS, TEAM’DOC hereby grants the CLIENT the non-exclusive and non-transferable rights with respect to the SOFTWARE for their own use or the use of the USERS and the right to install said SOFTWARE on the EQUIPMENT for which it is intended. 

9.2.2. The SOFTWARE must not be reproduced in whole or in part except for use on the EQUIPMENT specified in the CONTRACTS (if applicable) or in the DOCUMENTATION.

9.2.3. The CLIENT prohibited from putting the SOFTWARE or the EQUIPMENT directly or indirectly at the disposal of any third party, against payment or free of charge, with the exception of their own USERS, who are also bound by the terms of use (ToU). In this respect, the CLIENT vouches to serve as guarantor of compliance with the ToU by the USERS and accepts to be held accountable for any consequences arising from a failure on the part of the USERS to comply with the ToU.

9.3. Confidentiality – prohibition to copy: 

9.3.1. The CLIENT is prohibited from copying the SOFTWARE in any form, subject to any legal exceptions set out under the French Intellectual Property Code. 

9.3.2. The CLIENT undertakes to keep the content of the SOFTWARE confidential and is prohibited from transferring, publishing, showing, divulging or making available in any way the SOFTWARE or its associated documentation to a third party. 

9.3.3. The CLIENT is prohibited from translating, modifying, changing the order, undoing, disassembling or creating derivative works from the SOFTWARE, or part of the SOFTWARE, and prohibited from allowing a third party to do so.

9.4. Intellectual property rights:

9.4.1. All rights, and in particular intellectual property rights, concerning the SOFTWARE or copies belong to TEAM’DOC.

9.4.2. Any copy of the SOFTWARE must legibly bear any instructions and markings appearing on the original SOFTWARE concerning confidential information, intellectual property and copyright.

9.5. The present use will take effect from the date of delivery of the SOFTWARE to the CLIENT and will remain in effect for an unlimited duration. In the event of a breach of use or of this CONTRACT, TEAM’DOC reserves the right to immediately terminate same. 

9.6. Discrepancies: In the event of any discrepancy between the provisions of this article, entitled “SOFTWARE use rights”, and the provisions of other articles in these GTCS, the provisions of this article shall prevail. 

9.7. Technical measures of protection of the SOFTWARE: TEAM’DOC reserves the right to embed a security mechanism in the SOFTWARE for the purpose of monitoring its use and to verify whether the CLIENT is complying with the terms of these GTCS. This mechanism records the data related to use of the SOFTWARE and the number of copies made of same. TEAM’DOC reserves the right to use a software locking mechanism and / or a licence authorisation code to monitor access to the SOFTWARE. The CLIENT is prohibited from any attempt to circumvent or tamper with such measures. Use of the SOFTWARE without the locking mechanism or the authorisation code is prohibited. The CLIENT authorises TEAM’DOC to monitor the security mechanism recordings in place for the purpose of verifying the usage rate of the SOFTWARE at any time and without prior notice. In order to determine proper use, the CLIENT authorises TEAM’DOC to collect any relevant information through the use of tracking tools or security mechanisms embedded in the SOFTWARE. 

9.8. Infringement: The CLIENT agrees to inform TEAM’DOC in a timely manner of any problems concerning intellectual property rights that they may notice and commits to working loyally with TEAM’DOC so the latter may enforce their rights in this matter. 

THE CLIENT IS PROHIBITED FROM ANY REPRODUCTION OR EXPLOITATION OF AFORESAID STUDIES, DESIGNS, MODELS AND PROTOTYPES WITHOUT PRIOR WRITTEN CONSENT FROM TEAM’DOC.

Article 10. Provision and return of EQUIPMENT (where applicable)

10.1. Provision of EQUIPMENT:

10.1.1. The EQUIPMENT is placed at the CLIENT’s and the USERS’ disposal and thereby remains the property of TEAM’DOC. As such, it must not be given, sub-licensed, modified, pledged, used as collateral, transfered or loaned it in any way by the CLIENT or the USERS who are prohibited from using the EQUIPMENT for any reasons other than use of the SOFTWARE.

10.1.2. The CLIENT must oppose any third party attempt to seize or claim any rights over the EQUIPMENT, and must report any such attempt immediately to TEAM’DOC to allow the latter to protect their rights.

10.1.3. The CLIENT must maintain the owner name TEAM’DOC on the EQUIPMENT on which it is affixed. 

10.1.4. In the event of any malfunction of the EQUIPMENT (with the exception of components and accessories (cords, flexes, plugs etc.), which must be replaced regularly) beyond the USER’s control, TEAM’DOC will provide an exchange of the EQUIPMENT. Repair excludes repair of damage caused by lightning and power line surges, as well as repair of damage caused by misuse, faulty installation or repairs carried out by the CLIENT in the absence of authorisation from TEAM’DOC, accidental damage or any case of force majeure.

10.2. Returning the EQUIPMENT (where applicable):

10.2.1. In the event that the SOFTWARE no longer necessitates the use of the EQUIPMENT, or in the case of termination of the CONTRACT, the CLIENT must return all EQUIPMENT (including accessories) in good working condition either by post or directly to TEAM’DOC. Any expenses relating to returns are covered by the CLIENT.

10.2.2. When the EQUIPMENT is returned or received, the CLIENT will receive a confirmation certifying its return.

10.2.3. In the event of non-return of the EQUIPMENT, or return of same in poor working order, after a period of one (1) month from termination, or from discontinuing use of the EQUIPMENT, and after sending notice by registered post with acknowledgement of receipt, remaining without response for a period of fifteen (15) days from its presentation, TEAM’DOC may invoice the CLIENT an amount corresponding to the price of purchase of the unreturned or defective HARDWARE.

Article 11. Availability of the SOFTWARE

11.1. TEAM’DOC commits to taking all the necessary steps to make the SOFTWARE available on the hosting platform 24 hours a day, every day of the year. The web hosting platform has an availability guarantee of 99.50%, in accordance with the current criteria set out by certified health data hosting service providers (HSP). However, outside of this percentage, TEAM’DOC is entitled to a ten (10) minute window for SOFTWARE maintenance purposes every month.

11.2. Where necessary, TEAM’DOC reserves the right to suspend access to the service in order to carry out technical maintenance and / or improvements to ensure good working order of the SOFTWARE. TEAM’DOC will inform the CLIENT, where possible, how long such efforts will last. These interruptions do not entitle the CLIENT to seek compensation of any kind. 

11.3. SOFTWARE availability is measured using an indicator called Maximum Service Period, which corresponds to the accumulated service interruptions during the reporting period, which may:

  • begin on the 1st of January or the date of the last SOFTWARE delivery, if same has occurred during the present calendar year,
  • end on the 31st of December, or the date of termination, or the date of delivery, if these have occurred during the present calendar year.

TEAM'DOC commits to keeping the Maximum Service Period at or less than two (2) hours for the SOFTWARE, in accordance with the current criteria set out by certified health data hosting service providers (HSPs). Should this objective not be upheld, the PARTIES will come together at the end of this period to discuss the implications to be drawn from this situation.

Article 12. Maintenance and assistance

12.1. TEAM’DOC commits to ensuring the CLIENT corrective and evolutionary system maintenance services, as well as technical assistance as set out below.

12.2. Corrective maintenance services

12.2.1. Corrective maintenance services provided by TEAM’DOC exclusively concern:

  • the correction of working ANOMALIES encountered by the CLIENT when using the SOFTWARE and the recuperation of any files damaged following said ANOMALIES;
  • updating the SOFTWARE with new versions of operating systems, subject to prior written agreement from TEAM’DOC.

12.2.2. Any request on the part of the CLIENT for detected ANOMALIES to be corrected will be subject to an ANOMALY report which must bear: CLIENT references, the nature of effects caused by the ANOMALY, the degree of emergency depending on whether the ANOMALY is completely preventing SOFTWARE use.

12.2.3. The CLIENT will make their request in writing (email, fax or post), including the information necessary for software diagnostics. The request may then be dealt with by telephone. 

12.2.4. The period taken to remedy any ANOMALIES will depend on the severity of the identified ANOMALY:

Severity-anomaly-treatment-Team'Doc

12.2.5. TEAM’DOC commits to keeping the CLIENT updated regarding progress throughout the correction procedure. 

12.2.6. Maintenance does not cover potential specific developments by any other third party company working with the SOFTWARE.

12.2.7. TEAM’DOC chooses the most appropriate way to correct ANOMALIES: magnetic or optical support, sending a qualified technician.

12.2.8. In order to facilitate maintenance services, the CLIENT commits to:

  • providing, in support of their request for correction of an ANOMALY, any and all information that could facilitate locating the ANOMALY;
  • giving TEAM’DOC unrestricted access, at no charge, to their premises and I.T. system on the necessary days and at the necessary times for performance of the CONTRACT;
  • making all EQUIPMENT necessary for technical support available to TEAM’DOC.

12.2.9. TEAM’DOC has no obligations under the following circumstances:

  • the SOFTWARE has not been used in accordance with the requirements, notably those under these GTCS, and those under the general terms of use;
  • the SOFTWARE and / or EQUIPMENT set up (where applicable) has been modified without prior consent from TEAM’DOC;
  • the SOFTWARE and / or EQUIPMENT environment (where applicable) is defective (operating system, external drives, third party software, etc.) or is incompatible with use of the SOFTWARE;
  • maintenance operations have been carried out by the CLIENT or a third party without prior written consent from TEAM’DOC;
  • the malfunction is the result of a failure or malfunction of the operating system (WINDOWS or otherwise).

12.2.10 Should TEAM’DOC intervene on the premises of the CLIENT at the request of the latter, in accordance with the present CONTRACT, under the circumstances outlines in 12.2.1, said intervention shall be treated as a billable supplementary service at the rate in effect at TEAM’DOC.

12.3. Evolutionary maintenance services 

12.3.1. TEAM’DOC commits to informing the CLIENT by any appropriate means of the availability of new versions of the software. 

12.3.2. TEAM’DOC commits to providing the CLIENT, on request from the latter and on magnetic media, or any other appropriate means, the latest versions of the SOFTWARE. 

12.3.3. This CONTRACT only covers the supply of new versions of the SOFTWARE. Installation services are invoiced based on time spent and in keeping with the rates in effect at TEAM’DOC.

12.4. Telephone assistance (Hotline)

12.4.1. TEAM’DOC commits to assisting the CLIENT in correct use of the SOFTWARE, and, in particular, to resolve any potential difficulties that may arise for the CLIENT and / or USERS during its use.

12.4.2. Telephone assistance is provided by TEAM’DOC twenty-four (24) hours a day every day of the year. 

12.4.3. TEAM’DOC is released from any obligation where:

  • the SOFTWARE and / or the EQUIPMENT (where applicable) has not been used in accordance with these GTCS or the terms of use;
  • the SOFTWARE and / or the EQUIPMENT (where applicable) set up has been modified without prior written consent from TEAM’DOC;
  • the SOFTWARE and / or EQUIPMENT environment (where applicable) is at the root of any malfunction (operating system, external drives, third party software, etc.) or is incompatible with use of the SOFTWARE;
  • maintenance operations have been carried out by the CLIENT or a third party without prior written consent from TEAM’DOC;
  • the malfunction is the result of a failure or malfunction of the operating system (WINDOWS or otherwise).

Article 13. CLIENT obligations

13.1. The CLIENT commits to informing TEAM’DOC in a timely manner of any change of personal or professional address. The CLIENT is solely responsible for any consequences due to a delay in communicating their contact details.

Article 14. Warranties

14.1. TEAM’DOC is sole owner of the intellectual property rights, and therefore within its right to enter into this CONTRACT and guarantees that its performance does not infringe upon the rights of any third party. By the same token, it also guarantees its performance does not constitute any forgery or unfair competition.

14.2. The EQUIPMENT (where applicable) is guaranteed against all manufacturing and material defects, work, transport and travel throughout the duration of the contract effective from the day of delivery of the EQUIPMENT.

14.3. This warranty is subject to the following conditions:

  • TEAM’DOC must be informed of any defect during the warranty period otherwise the warranty shall be invalidated;
  • concerning the SOFTWARE, TEAM’DOC must be able to reproduce the defect.

14.4. The warranty and TEAM’DOC’s obligations, in accordance with these conditions, does not apply: (a) in the case of misuse of the EQUIPMENT or SOFTWARE or use that does not comply with instructions given by TEAM’DOC, or EQUIPMENT modification or repair by any person not approved by TEAM’DOC, or (b) in the case of modification or removal of the EQUIPMENT serial number.

14.5. The TEAM’DOC warranty is limited to the repair or replacement of the defective parts.

14.6. Any return of PRODUCTS for warranty or adjustment services must have prior authorisation from TEAM’DOC, which will also provide packaging and shipping instructions. Unless otherwise stipulated, the warranty does not apply outside of mainland France. 

Article 15. Liability

15.1. TEAM’DOC’s liability concerning all EQUIPMENT (where applicable), SOFTWARE, services or other articles or products delivered in accordance with these conditions shall not exceed sums paid by the CLIENT to TEAM’DOC for their PRODUCTS.

15.2. TEAM’DOC shall not under any circumstances be held liable by the CLIENT or any third party for any direct or indirect damage, loss of revenue or potential earnings that result from use of the PRODUCTS. 

15.3. In particular, TEAM’DOC cannot be held responsible in, though not limited to, the following circumstances:

  • Any interruption of the service during technical maintenance of the SOFTWARE; 
  • Interruption to networks, deadlines or delays in the transmission of electronic messages or any other data;
  • EQUIPMENT or software malfunctions;
  • Malicious acts, data theft, computer viruses, insufficient safeguarding and backup;
  • Operating errors, misuse of EQUIPMENT or SOFTWARE;
  • Loss of data, interruption to business or any other resulting pecuniary loss;
  • Misuse or malicious use of data collected using the SOFTWARE;
  • Any case of force majeure, unforeseeable events or any other causes beyond the control of the company TEAM’DOC.

15.4. While TEAM’DOC takes great care to ensure that its SOFTWARE content is accurate, the information provided may be incomplete or contain errors. TEAM’DOC neither explicitly nor tacitly gives any guarantee as to the accuracy or reliability of the SOFTWARE information or data. The USER uses the SOFTWARE at their own personal risk. TEAM’DOC is not responsible for any acts the USER commits or refrains from commiting arising from their use of the SOFTWARE. The USER must systematically check the relevance of the information provided by the SOFTWARE and is solely responsible for their own decisions. 15.5. TEAM’DOC is in no way responsible for any incorrect use of the SOFTWARE and/or the EQUIPMENT, poor maintenance, erroneous use of the SOFTWARE, or the use of a non-standard system.

15.6. TEAM’DOC’s obligations under the terms of this CONTRACT are obligations pertaining to means and in no way obligations of results.

Article 16. USER data - Personal data

16.1. USER data

16.1.1. The CLIENT must take all necessary measures to protect their computer system with particular regard to protection against computer viruses, worms and any other hostile intrusion.

16.1.2. Any operations aiming to recover or restore lost or damaged data, programs or files are not covered by this CONTRACT.

16.2. Personal data

16.2.1. CNIL (French National Commission on Informatics and Liberty) Formalities: In accordance with the law created on January 6th 1978, it is the CLIENT’s responsibility to undertake the necessary steps, declarations, applications for consent under the laws and regulations in effect concerning the data they process.

16.2.2. Secure hosting: TEAM’DOC ensures secure hosting, and in accordance with applicable standards, the SOFTWARE and data collected during its use. 

TEAM’DOC recognises that patient data constitute sensitive and critical data necessitating satisfaction of the following conditions:

  • an authorised personal health data hosting service provider (HSP) ensuring maximum security and conforming to CNIL guidelines,
  • secure identification: user number and password and / or biometrics and / or health professional card,
  • high availability servers.

16.2.3. Sensitive data: 

16.2.3.1. TEAM’DOC declares it knows and has made known to its employees the strictly confidential nature of the health data handled by the CLIENT and their USERS of the SOFTWARE. As a result, it commits to respecting this confidentiality for an unlimited period of time. In addition, it commits to seeing that no health data be consulted without the CLIENT’s written permission and, in any event, only in the context of SERVICES provided under this CONTRACT.

16.2.3.2. TEAM’DOC will never consult medical data that do not relate directly to the services provided to the CLIENT under this CONTRACT and, notably, in the case of maintenance and support services and ensures to see to it that this obligation be honoured by its employees and any permanent or temporary contractors.

16.2.4. GDPR:

TEAM’DOC is compliant with GDPR specifications (setting up a registry, specific processes, and updating our terms and conditions to be GDPR compliant).

Article 17. Intellectual property

17.1. TEAM’DOC retains, as the rights owner, all intellectual property of the SOFTWARE, as well as all related prerogatives.

17.2. The CLIENT acquires no intellectual property rights or any rights other than those conferred by this CONTRACT.

17.3. By accepting these GTCS, the CLIENT is prohibited from infringing upon the legitimate interests of TEAM’DOC. The CLIENT is prohibited from any and all forms of use not expressly and previously authorised by this CONTRACT, in particular:

  • Using the SOFTWARE or making copies outside of the conditions laid down in this CONTRACT
  • Correcting or having a third party correct any potential errors or anomalies in the SOFTWARE without prior written approval from TEAM’DOC;
  • Lending or making the SOFTWARE available in any way, including via the internet;
  • Transmitting or disseminating the SOFTWARE or communicating it, in particular via the internet, in any form;
  • Decompiling the SOFTWARE, including for the purposes of interoperability or creation of a derivative or rival;
  • Translating, adapting, tailoring or modifying the SOFTWARE.

17.4. This CONTRACT does not grant the CLIENT the right to access the SOFTWARE source codes.

17.5. Any action on the part of the CLIENT contrary to these provisions constitutes a forgery and may be subject to prosecution.

Article 18. Confidentiality

18.1. The CLIENT expressly commits to keeping information of any kind relating to TEAM’DOC, to which they may have access under these GTCS, confidential. They are prohibited from using or divulging any information without prior written consent from TEAM’DOC, except for the purposes of maintenance, repair or use of the EQUIPMENT pursuant to these conditions. 

18.2. In the event cancelling an order or returning the EQUIPMENT, the CLIENT must return all confidential information of any kind, of which they may be in possession, to TEAM’DOC.

Article 19. Various provisions

19.1. Any modification of these GTCS will take the form of a written, dated, amendment, signed by both PARTIES or by representatives authorised in writing. 

19.2. The PARTIES understand that in the event of any modification of legal or regulatory provisions, the latter will be directly applicable to these GTCS, without necessitating an amendment signed by the PARTIES. They will enter into effect on their publication in the Official Journal. 

Article 20. State law and allocation of jurisdiction

THIS CONTRACT IS SUBJECT TO FRENCH LAW, REGARDING BOTH RULES OF SUBSTANCE AND OF FORM. IN THE EVENT OF ANY DISPUTE, JURISDICTIONAL AUTHORITY IS ASSIGNED TO THE PARIS COURTS NOTWITHSTANDING CONCURRENT DEFENDANTS OR THIRD PARTY COMPLAINT.

BY EXPRESS AGREEMENT BETWEEN THE PARTIES, THESE GENERAL TERMS AND CONDITIONS OF SALE AND ALL SALES AND PURCHASES TO WHICH THEY APPLY ARE GOVERNED BY FRENCH LAW. THEY ARE WRITTEN IN THE FRENCH LANGUAGE. IF THEY ARE TRANSLATED INTO ONE OR MORE OTHER LANGUAGES, ONLY THE FRENCH TEXT WOULD PREVAIL IN THE EVENT OF A DISPUTE.

Article 21. Client consent (paperless)

These General Terms and Conditions of Sale are expressly approved and accepted by the CLIENT, who declares and acknowledges having perfect knowledge of same and who hereby waives all rights to make any form of claim based on any other document, notably their own general purchasing conditions, which are not assertible against or binding upon TEAM’DOC, even if it is aware thereof.