Guide Contractuel Relatif Au Software as a Service (Saas)
It is therefore the following points that are mainly©negotiated©by customers: The availability© of the service (in relation to the periods©of maintenance of the software as part©of the processing of errors); The execution of the service (software response©time); The conditions©of the subscription (price, payment frequency©©, etc.); The security©of the© service and that of the data©. Both contracting parties undertake to seek mutual agreement in good faith in the event of disagreement on this contract. 16 13.1. NON-PAYMENT Without prejudice to any damage, the failure to pay an invoice by the customer on the due date automatically entails: – the application of default interest at the rate of three times the legal interest rate, without notice and from the first day of delay; – additional bank and administrative costs (follow-up of the collection, reminder fees by letter and telephone, presentation of direct debit rejections); – the immediate suspension of services; – the automatic termination of the contract within [ ] days of the sending of a formal notification by registered letter with acknowledgment of receipt by the service provider has not been successful. ARTICLE 14. OWNERSHIP Customer is and remains the owner of all data it uses through the Application Services under the Agreement. The Service Provider is and remains the owner of the property rights on each element of the services and application solutions made available to the Customer and, more generally, that the IT infrastructure (software and hardware) implemented or developed under the Contract. The Agreement does not transfer any ownership rights in the Solutions to the Customer. The temporary provision of solutions under the conditions provided for in the contract cannot be analyzed as an assignment of an intellectual property right to the customer within the meaning of the French Intellectual Property Code.
The customer may refrain from reproducing elements of the software or documentation concerning him by any means whatsoever, in any form and on any medium whatsoever. The customer may not assign the rights and obligations arising from the contract in whole or in part, whether in the context of a temporary assignment, a sub-license and another contract providing for the transfer of these rights and obligations. ARTICLE 15. EVICTION GUARANTEE Regarding the performance and availability of the Services, please refer to the article “Quality of Services or SLA” and the corresponding Annex. The Service Provider declares and guarantees: – that the solutions it develops are original within the meaning of the French Intellectual Property Code, – that it is the owner of all the intellectual property rights that allow it to conclude the contract. The Service Provider represents and warrants that the Solutions are unlikely to infringe the rights of any third party. ARTICLE 16. FORCE MAJEURE LIABILITY As with most service contracts, the obligation of the service provider is an average obligation, the proof of the breach being the responsibility of the customer. The clause also provides for limitations of liability. Each of the parties assumes responsibility for the consequences arising from its errors, errors or omissions, as well as errors, errors or omissions of its subcontractors, causing direct harm to the other party. For indirect damages: In addition, and in the event of an error proven by the Customer, the Service Provider will only be liable for compensation for the financial consequences of the direct and foreseeable damage resulting from the provision of the Services.
Consequently, in no event shall the Service Provider be liable for any indirect loss or damage, or 16 By granting the right to use the SaaS Software, the Service Provider also grants the Customer the right to use the Client Software necessary for remote access to the terminal equipment, to the extent described in more detail in the Appendix. Duplication of the client software is permitted if such duplication is necessary for the contractual use of the SaaS software (e.g. B loading the client software into memory). .