Terms of service
Site editor
Blinko France – 2 impasse Bascazaux 64340Boucau | SIREN 904725843
Cookies
For statistical and display purposes, this site uses cookies.
These are small text files stored on your hard disk in order to record technical data about your navigation. You can refuse them and delete them whenever you want from your browser.
Right of access and rectification
In accordance with Articles 39 and 40 of the French law on information technology and civil liberties, users are informed that they have the right to access, rectify and delete data concerning them by going directly to the following link https://blinkogroup.com/fr/ruinside-fr/ or by sending an email to privacy (a) blinkogroup.com.
Blinko France general conditions
The present general conditions govern the relations between the company Blinko France, a simplified joint stock company with a capital of 66. 666, registered in the DAX trade and companies register under number 904725843, whose registered office is located at 2 impasse Bascazaux 64340 Boucaux (“Blinko”) and any registered person (the “Customer”) wishing to use the software solution developed by Blinko France, as well as its documentation and any modifications, updates, upgrades, functionalities and/or additional modules subsequently made available to the Customers accessible at the address https://www.blinkogroup.com
Blinko France and the Customer are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
By ticking the box provided for this purpose, the Customer expressly accepts the General Conditions, which he acknowledges having read, understood and accepted without reservation. Failing this, the Customer will not be able to access or use the service provided by Blinko France.
Article 1. DEFINITIONS
1.1 “Data Processing Agreement” refers to the data processing agreement which governs the processing of personal data implemented by Blinko France in the name and on behalf of the Client.
1.2 “Database” refers to all or part of the databases created and updated by Blinko France.
1.3 ” Purchase Order ” designates the proposal for the realization of Customized Services submitted by Blinko France and accepted by the Client.
1.4 ” Credit ” refers to the basic unit that allows the Customer to consult information on a company or a contact. The number of Credits varies according to the offer subscribed to by the Client. The price of each offer and what it contains is detailed on the page: https://blinkogroup.com/tarifs. All that concerns the credits is detailed in the page FAQS.
- 5 “Force Majeure” means an event external to the Parties, unforeseeable and irresistible, as defined by the jurisprudence of the French courts, including : war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social conflict, total or partial, external to each of the Parties; bad weather (in particular floods, storms and tempests); event declared “natural disaster”; fire ; epidemic; blockage of means of transport or supply (in particular of energy); failure in the supply of electrical energy, telecommunications networks, data transport; failure of satellites.
1.6 “Confidential Information” means any information communicated (whether in writing, orally or by any other means and whether directly or indirectly) by Blinko France to the Customer before or after the effective date of the Contract, including, without limitation, Blinko France’s processes, plans, know-how, trade secrets, inventions, techniques, business opportunities and activities.
1.7 “Offer” refers to one of the various subscription formulas offered by Blinko France on its website. Each Offer entitles the Customer to a number of credits and to certain information and functions of the Blinko platform.
1.8 “Customized Service” refers to a specific service ordered by the Customer from Blinko. This service is not accessible via Internet and is only part of the Full offer. It may be subject to additional invoicing, if this is accepted by the Customer.
1.9 “Price” means the price indicated on the website or sent by contract. The latter must be paid by the Client in return for the performance of its services by Blinko France.
1.10 “Royalty” refers to the sums owed by the Customer to Blinko France in return for the right to use Blinko France in accordance with the subscribed Offer. In the event that the subscribed Offer is free, the amount of the Royalty shall be zero (0) euro. The amount of the Royalty may vary according to the offer chosen by the Customer.
1.11 “Robot” means any software tool (such as, but not limited to, Loadrunner, Winrunner, Silk performer, Rational Robot, QALoad and WebLOAD) designed to automatically emulate the actions of a human user used for data entry, data migration, load testing, performance monitoring, performance measurement and/or stress testing.
1.12 “Authorized User” means the identified user, natural person, authorized to access Blinko France by the Customer, legal entity. The Authorized User may be an employee, manager, subcontractor, agent and/or service provider.
Article 2. PURPOSE – OPERATION OF BLINKO FRANCE
The purpose of the General Conditions is to define the conditions under which Blinko France grants the Customer access to Blinko, the B2B database that Blinko France develops, hosts and maintains.
The purpose of the General Terms and Conditions and the commitments of Blinko France in this respect are limited either to the provision of Customized Services, or to the supply of access to blinko and its various Modules, to the exclusion of any other complementary service, which may, if necessary, be the subject of an ad hoc agreement between the Parties.
Article 3. ACCESS AND USE OF BLINKO
3.1 Initialization of blinkogroup.com
In order to access blinko, the Customer must subscribe to one of the Offers.
In order to register on blinko, the Customer must fill in the fields of the registration form with complete and accurate data, and accept the General Conditions by means of a checkbox. The data that must be communicated to Blinko France are identified as such during the Customer’s registration.
The information provided by the Customer is used to create the Customer’s main user account on blinko. During this phase of creating the main account, the Customer chooses the login (in the form of an e-mail address) and the password that will be attached to it. When choosing passwords, Blinko France advises the Customer to respect the recommendation of the Commission Nationale de l’Informatique et des Libertés (French National Commission for Information Technology and Civil Liberties) on passwords in order to guarantee a minimum level of security in this area (at least twelve characters and four different types: lower case, upper case, numbers and special characters).
In case of incomplete or erroneous declaration, the account of the Customer and of the Authorized Users may be closed, as of right, without prior notice or formality. In any case, the Customer agrees to guarantee Blinko France against all the consequences that could result from this incomplete or erroneous declaration.
When the Customer is a natural person, he declares and guarantees that he is using blinko for his professional activity and that, as such, he cannot be qualified as a consumer within the meaning of the preliminary article of the Consumer Code.
As soon as his main account is created, the Customer can use all the blinko Modules, in accordance with the limits inherent in his Offer. The Customer’s personal account allows him to update his data.
3.2. Authorized Users
When the Customer is a legal entity, he is authorized to make his personal account available to the Authorized User.
The Customer undertakes to ensure that the Authorized Users are competent natural persons, experienced in the use of computer tools, professionals in online marketing and informed by the Customer of all issues relating to the processing of personal data and their use in the context of advertising and / or communication.
3.3. Login / password of Authorized Users
The Customer acknowledges and accepts that it is not possible to access blinko without entering a login and password. The Customer is solely responsible for the security of the logins and passwords provided by Blinko France. The Customer undertakes to inform Blinko France promptly of any unauthorised access, whether actual or suspected, to a login, password and/or blinko at the address helpdesk.fr@blinkogroup.com.
Any action carried out via a login allocated to the Customer will be deemed to have been carried out by the Customer, unless the Customer has previously declared the login concerned as having been lost or stolen, thus allowing Blinko France a reasonable period of time to deactivate the said login.
In this context, the Customer is responsible for the respect of the terms of the Contract by each of its Authorized Users.
Article 4. LICENSE TO USE BLINKO
Blinko is a solution for aggregating and searching company data. blinko is made up of numerous Modules, the different functionalities and terms of use of which are described on its website https://blinkogroup.com/
Article 5. License to use blinko and the Databases
5.1 Right of use
Blinko France grants the Customer, and where applicable the Authorized Users, a personal, non-exclusive, non-transferable and non-assignable right, for the whole world and for the duration of its Offer, to use blinko (and the Databases constituted on its behalf) for its own internal needs only, under the conditions and within the limits specified in the General Conditions.
The granting of this right of use is made in return for the payment of the Royalty.
5.2 Limitations
The Customer shall refrain, directly or indirectly, and undertakes to prohibit any person brought to use blinko (such as in particular its Authorized Users), except with the express, prior and written agreement of Blinko France:
(i) decompile, disassemble blinko, practice reverse engineering or attempt to discover or reconstitute the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of blinko except within the limits of the right granted by article L. 122-6-1 of the intellectual property code, in any manner whatsoever. In the event that the Customer wishes to obtain the information required to implement the interoperability of blinko with other software developed or acquired independently by the Customer for use in accordance with the purpose of blinko, the Customer undertakes to consult Blinko France before calling upon a third party, who will be able to provide him with the information required for the implementation of this interoperability The exact cost incurred internally at Blinko France for the supply of this information will be invoiced by Blinko France to the Customer;
(ii) to proceed alone, or with the help of a third party service provider, to correct any errors in blinko in order to make it conform to its intended purpose, Blinko France alone reserving the exercise of this right in accordance with article L. 122-6-1-I of the Intellectual Property Code;
(iii) to delete or modify any reference or indication relating to the property rights of blinko or any third party;
(iv) to transfer, use or export blinko or the Databases in violation of the regulations in force;
(v) to create composite or derivative works with the help of all or part of blinko or the Databases;
(vi) to make any other use of blinko or the Databases than that permitted under the General Terms and Conditions;
(vii) make any copy of blinko or the Databases in any manner whatsoever;
(viii) provide services to third parties, free of charge or for a fee, based on blinko or the Databases and/or grant access, in whole or in part, to blinko, in particular in the form of a service bureau, in ASP, in PaaS or in SaaS;
(ix) transfer, lease, sublicense, assign, pledge, or otherwise transfer all or part of the ownership of blinko or the Databases.
Customer shall be responsible for compliance with the provisions of this Section 5 by its Authorized Users.
Article 6. Financial conditions
6.1 Amounts due
In order to access blinko, the Customer must pay Blinko France the Fee corresponding to the Offer subscribed to, which entitles him to a specific number of Credits. If at the end of the Offer period some of the subscription Credits have not been used, they will be lost. The amount of the Fee is firm and final.
If the Customer has used up all his Credits before the end of his Offer, he may order additional Credits. The purchase of Credits on demand increases the amount of the Royalty. On Demand Credits have a decreasing price according to the volume selected and have no expiration date. The price of the On Demand Credits is specified at the time the Customer orders them.
The Customer acknowledges that Blinko France may make access to blinko conditional upon payment of the Royalty for the coming period, if applicable.
6.2 Fees
The Price does not include any fees (in particular for the purchase of data or the connection to a third party service), except by prior and express agreement between the Parties.
6.3 Payment terms
The Price of the service is paid individually, monthly or annually (as determined by the Customer when subscribing to the Offer), in arrears, by direct debit.
Upon receipt of payment, Blinko France sends the corresponding invoice to the Customer by making it available to him, in electronic format, via the main account.
The invoice for the Price is issued upon signature of the corresponding Purchase Order by the Customer. The invoice is payable within a maximum of eight (8) days. Delivery of the Customized Services will only take place upon receipt of the full Price by Blinko France. In the event of non-payment of the amounts due within the contractual deadlines:
(i) any unpaid amount shall automatically bear interest from day to day until the date of its full payment in principal, interest, costs and accessories, at a rate equal to three (3) times the legal interest rate in force, without any prior formality, and without prejudice to the damages that Blinko France reserves the right to seek judicially;
(ii) Blinko France reserves the right, at its sole discretion, with or without prior notice, to suspend access to blinko or to limit its functionalities, until full payment of the sums due;
(iii) all costs incurred by blinko for the recovery of the sums due shall be borne by the Customer, including bailiff’s fees, court costs and lawyer’s fees, said costs not being in any event less than the fixed indemnity referred to in Article L. 441-10 II of the French Commercial Code, in the amount of forty (40) euros.
The sums paid by the Customer to Blinko France under the General Terms and Conditions remain the property of Blinko France and are therefore non-refundable, even in the event of termination of the General Terms and Conditions or of any other contract concluded between Blinko France and the Customer.
Article 7. COMMITMENTS OF THE CUSTOMER
7.1 Compliance of blinko
blinko is made available to the Customer by Blinko France according to the terms of the General Terms and Conditions and the blinko documentation.
Unless expressly stipulated otherwise, the obligations of Blinko France under the General Terms and Conditions are obligations of means.
blinko reserves the right to modify at any time the characteristics of its technical infrastructures, the choice of its technical suppliers and the composition of its teams.
7.2 Hosting
blinko and the Collected Data are hosted on the infrastructure defined and made available to the Customer by Blinko France, designed and sized at the sole discretion of Blinko France. This technical infrastructure may be shared by several Blinko France customers.
7.3 Fiscal and social obligations
Blinko France declares, as necessary, that it is registered with the Registre du Commerce et des Sociétés, with the URSSAF and/or with all administrations or organizations (including administrations or social insurance organizations) required for the execution of the General Conditions. The registrations made in accordance with this article, as well as the registrations made prior to the conclusion of the General Terms and Conditions, must expressly cover all the activities of Blinko France for the execution of the services under the General Terms and Conditions. In accordance with the provisions of articles L. 8221-1 et seq. and D. 8222-5 of the French Labour Code, Blinko France undertakes to provide the Customer with all supporting documents relating to its registration, the payment of its social security and tax contributions and the employment of its employees.
Article 8 – Customer’s commitments
8.1 Use of Robots
The Customer undertakes, for whatever reason, not to make use, in relation to blinko, of any Robot.
The Customer indemnifies and holds Blinko France harmless from all damages, losses, actions, expenses, condemnations or costs (including any compensation granted to a third party, in particular to Blinko France’s customers) related to an unavailability, a production incident or any other technical difficulty occurring at a time when the Customer is using a Robot.
8.2 Proper execution of the General Conditions
The Customer undertakes to:
(i) cooperate in good faith to facilitate Blinko France’s interventions, in particular by communicating all relevant or requested information within a timeframe that allows Blinko France to fulfill its obligations;
(ii) to have the appropriate skills to use blinko ;
(iii) not to import into blinko any data that is likely to damage blinko and/or infringe the rights of a third party;
(iv) to have an up-to-date Internet browser and a high-speed Internet connection, the costs of which are to be borne by him;
(v) to make backups of all his data, prior to the first use of blinko and each time he deems it necessary. Blinko France shall in no case be held responsible for any loss of data suffered by the Customer.
Article 9 Intellectual property
9.1 blinko
The Customer acknowledges that blinko, including all patches, workarounds, updates, upgrades, improvements and modifications made available to the Customer, as well as all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights related thereto, remain at all times the full and exclusive property of Blinko France and that none of the stipulations of the General Terms and Conditions may be interpreted as any transfer of any of these rights to the Customer.
9.2 Know-how
Any idea, know-how or technique that may have been developed by Blinko France are the exclusive property of Blinko France. Blinko France may, at its sole discretion, develop, use, market and license any element similar or related to the developments made by Blinko France for the Customer. Blinko France is under no obligation to disclose any idea, know-how or technique that may have been developed by Blinko France and which Blinko France considers to be confidential and proprietary.
9.3 Know-how
The Collected Data are the exclusive property of the Customer. Blinko France shall refrain from using them outside the execution of the present contract for its own account or for the account of third parties.
Article 10 – Protection of personal data
10.1 Processing of Collected Data
Within the framework of the supply of Blinko, Blinko France is required to process, among the Data collected, personal data in the name and on behalf of the Customer.
Thus, Blinko France acts as a subcontractor, the Customer being responsible for the collection and processing of said personal data.
The Parties have entered into the Data Processing Agreement which complies with the provisions of Article 28 of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”).
10.2 Data processing by Blinko France
In addition, Blinko France, in its relations with the Customer, is led to process, on its own behalf, personal data of the Customer’s employees, managers, subcontractors, agents and/or service providers.
In this context, the Customer’s employees have a right of access and, if necessary, of rectification, deletion or portability of the data concerning them. They also have the right to define directives concerning the fate of their personal data after their death.
In addition, the Customer’s employees may oppose for legitimate reasons the processing of their personal data, withdraw their consent or limit it.
These rights can be exercised at any time by writing to Blinko France by e-mail at privacy@blinkogroup.com.
The Customer’s employees, directors, subcontractors, agents and/or service providers have the right to lodge a complaint with a supervisory authority.
The personal data of the Customer’s employees, managers, subcontractors, agents and/or service providers are kept only for the duration of the execution of the Offer. This data is deleted as of the termination of the Offer.
However, at the end of the above-mentioned periods, including as necessary from the date of the request for deletion by the person concerned, his or her personal data may be subject to intermediate archiving so that Blinko France can meet its legal obligations to retain:
(i) the contract concluded as part of a commercial relationship (five (5) years from its conclusion);
(ii) documents relating to the management of orders (ten (10) years);
(iii) documents relating to the management of invoicing (ten (10) years);
(iv) data relating to the management of a customer/prospect file (three (3) years from the date of collection).
Certain data may be archived beyond the periods provided for (i) in the event of litigation in order to establish the reality of the disputed facts; and/or (ii) for the purposes of research, the establishment and prosecution of criminal offences with the sole aim of making this data available to the judicial authorities, as necessary.
Archiving implies that these data are anonymized and can no longer be consulted online but are extracted and stored on an autonomous and secure medium.
The Customer undertakes, in the name and on behalf of Blinko France – in accordance with the provisions of article 14 of the RGPD, to inform its employees, managers, subcontractors, agents and/or service providers of the conditions of this processing and of the aforementioned rights.
Article 11. REVERSABILITY
Within a period of forty-five (45) days from the expiry of the Offer, the Customer retains the possibility of exporting the Collected Data under the conditions defined in this article 11.
At the end of this reversibility period, Blinko France will proceed to the complete deletion of the personal data contained within the Collected Data, with the exception of anonymous statistical data collected by Blinko France in the context of the provision of services to the Customer.
Article 12 – WARRANTY
12.1 Guarantee relating to Blinko
Blinko France will use its best efforts to ensure that Blinko complies with the stipulations of the associated documentation.
Blinko France does not grant any warranty that is not expressly mentioned in the General Conditions.
Blinko France does not grant any guarantee concerning the Databases.
12.2 Warranty of eviction
Blinko France declares that it is the owner of all intellectual property rights relating to Blinko and that Blinko does not constitute an infringement of a pre-existing work.
Consequently, Blinko France guarantees the Customer against any action, claim, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition in France, provided that Blinko France is notified by the Customer of any such action.
Blinko France shall be solely entitled to control any defense and/or any transaction in such action. In this respect, Blinko France undertakes to intervene in all proceedings and/or actions that may be initiated against the Customer on the basis of an infringement of an intellectual property right by Blinko France and/or an act of unfair competition and/or parasitism committed by Blinko France in relation to blinko. The Customer undertakes to provide Blinko France with all reasonable information or assistance in the context of this defense.
In the event that, at the end of this action or procedure, blinko is considered, by a court decision that is not subject to appeal, to constitute an infringement, Blinko France undertakes, at its own expense and discretion, to:
(i) obtain for the Customer the right to continue to use blinko; or
(ii) replace blinko with equivalent non-infringing software; or
(iii) modify all or part of the infringing blinko so that it is no longer infringing; or
(iv) terminate the Terms and Conditions.
However, Blinko France will not be required to indemnify Customer if the action, claim, demand or objection is due to:
(i) non-conforming use, modification or adaptation of blinko by the Customer ;
(ii) Customer’s failure to implement a patch, update, new version and/or any other form of correction or enhancement of blinko;
(iii) the Customer’s use of blinko in combination with products, hardware, software that are not the property of Blinko France or that have not been developed by Blinko France;
(iv) the use, marketing or provision of blinko to a third party;
(v) information, instructions, specifications or materials provided by the Customer or a third party.
Article 13 – LIABILITY
It is expressly agreed between the Parties that the stipulations of the present article 13 have been agreed between the Parties within the framework of a global negotiation, so that each of the Parties considers them justified and proportionate with regard to its other commitments under the General Conditions.
Blinko France shall only be liable for direct and foreseeable damages within the meaning of Articles 1231-3 and 1231-4 of the French Civil Code caused by a failure of Blinko France to fulfill its obligations under the Contract.
It is expressly agreed between the Parties that Blinko France cannot be held responsible for any lost profit; loss of turnover or profit; loss of clientele; loss of a chance; loss in terms of image or reputation; any cost in obtaining a product, software, service or substitute technology; or any technical difficulty in the routing of a message via the Internet.
Blinko France cannot be held responsible for any prejudice resulting from the destruction of files or data resulting from the use by the Client of one or more elements supplied within the framework of the supply of blinko or the realization of a Customized Service.
The total cumulative liability of Blinko France, for all damages and for any reason whatsoever, may not exceed the sums actually received by Blinko France under the General Conditions during the twelve (12) months preceding the occurrence of the last harmful event.
In any event, the Customer may only hold Blinko France liable for a breach of the General Terms and Conditions for a period of twelve (12) months from the occurrence of the breach in question, which the Customer expressly acknowledges and accepts.
Blinko France will in no case be liable for any damage resulting from the Customer’s failure to comply with its obligations.
14 – TERMINATION
14.1 Suspension of access to blinko
blinko reserves the right to suspend the Customer’s access to blinko as of right and without prior notice, without the Customer being able to hold blinko France liable in this respect, in the event of (i) a serious or repeated breach by the Customer or one of the Authorized Users of its legal or contractual obligations; (ii) a delay in payment of the Royalties or the Price under the conditions specified in Article 6; (iii) an established risk to the security and/or stability of blinko; or (iv) scheduled maintenance.
Blinko France undertakes to make reasonable efforts to limit the impact of the suspension on the normal operation of blinko.
14.2 Termination for fault
Each Party may, by right, without prejudice to any damages that it reserves the right to seek judicially, terminate the General Conditions with immediate effect in the event of failure by the other Party to fulfil one of its essential obligations under the General Conditions, and in particular in case of non-payment of the Royalty or the Price by the Customer, if this breach has not been remedied by the defaulting Party within a period of ten (10) working days from the notification of this breach made by the other Party, by registered letter with acknowledgement of receipt.
14.3 Termination for convenience
In the case of a one (1) year Offer, the Customer may not terminate the Offer for convenience before the anniversary date and undertakes to pay the amount due under the said Offer over the twelve (12) month commitment period.
When subscribing to an Offer, the Customer is free to suspend the execution of the General Conditions at any time, at his convenience, via his main account. In this case, the sums paid to Blinko France for the Offer subscribed to by the Customer remain fully acquired.
Termination of the General Conditions will be effective on the last day of the calendar month following the sending of the termination request.
14.4 Consequences of termination
In the event of termination of the General Conditions, for whatever reason, the Customer shall immediately cease to use blinko and any Database.
Notwithstanding the expiration or termination of the General Terms and Conditions, it is expressly agreed between the Parties that sections 9, 10, 11, 13, 15 and 17 shall remain in full force and effect between the Parties.
Article 15 – CONFIDENTIALITY
15.1 Definition of Confidential Information
The following does not constitute Confidential Information
(i) information that is currently available or becomes available to the public without breach of the Terms and Conditions by a Party; (ii) information lawfully possessed by a Party prior to disclosure by the other Party
(ii) information lawfully in the possession of a Party prior to its disclosure by the other Party;
(iii) information not resulting directly or indirectly from the use of all or part of the Confidential Information
(iv) information validly obtained from a third party authorized to transfer or disclose such information.
15.2 Confidentiality Undertaking
Customer agrees on its own behalf and on behalf of its servants, agents, subcontractors and partners, during the term of the General Conditions and for a period of five (5) years after its termination, to:
(i) not to use the Confidential Information for any purpose other than the performance of its obligations under the General Terms;
(ii) take all precautions it uses to protect its own confidential information of material value, provided that such precautions shall not be less than those of a diligent professional;
(iii) not disclose the Confidential Information to any person by any means whatsoever, except to its servants, agents, service providers or subcontractors to whom such information is necessary for the performance of its obligations by each Party.
At the end of the General Terms and Conditions, due to the occurrence of their end or their termination, the Customer shall without delay hand over to Blinko France all Confidential Information, whatever their medium, obtained within the framework of the General Terms and Conditions. The Customer shall refrain from keeping a copy in any form whatsoever, except with the express prior written consent of Blinko France.
Article 16 Miscellaneous stipulations
16.1 Communication – Advertising
The Customer – a legal entity – agrees to participate in co-marketing activities. This acceptance includes, but is not limited to, participation in the following actions: press releases, trade shows, conferences, customer testimonials, etc., as well as the fact that the General Conditions may serve as an example of mutually fruitful collaboration.
16.2 Assignment/Transfer of the General Terms and Conditions
Blinko France will have the possibility of transferring all or part of the rights and obligations resulting for it from the General Conditions to any subsidiary to be set up, as well as following a merger, demerger, partial contribution of assets or total or partial transfer of its business.
It is expressly agreed between the Parties that any modification in the capital structure of Blinko France, including a change of control, will have no effect on the execution of the General Conditions.
The Customer is not authorized to transfer all or part of its obligations under the General Terms and Conditions, in any manner whatsoever, without the prior, express written consent of Blinko France.
16.3 Notification – Computation of time limits
Any notification required or necessary in application of the stipulations of the General Terms and Conditions must be made in writing and will be deemed validly given if delivered by hand or sent by registered letter with acknowledgement of receipt to any other address notified to the other Party in the form defined in this article 16.3.
Unless specifically provided for in an article of the General Terms and Conditions, time limits are calculated by calendar day. Any time limit calculated from a notification shall run from the first attempt to deliver it to the addressee, the postmark being taken as proof.
16.4 Force Majeure
Each of the Parties shall not be held liable in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a Force Majeure event. It is expressly agreed between the Parties that the provisions of this Article 16.4 are not applicable to payment obligations.
In the event of Force Majeure, the performance of the obligations of each Party shall be suspended. If the Force Majeure continues for more than one (1) month, the General Terms and Conditions may be terminated at the request of the most diligent Party, without either Party being liable to the other. Each of the Parties shall bear the cost of all expenses incurred as a result of the occurrence of Force Majeure.
16.5 Suppliers – Service providers – Subcontractors
Throughout the duration of the General Conditions, Blinko France shall be free to call upon any supplier, service provider and/or subcontractor of its choice.
In this context, Blinko France will remain responsible for the provision of the Services under the conditions set out in the General Terms and Conditions.
16.6 Agreement of proof
The computerized registers will be kept in the computer systems of Blinko France under reasonable security conditions and will be considered as proof of the exchanges, actions and/or orders made by the Customer and the Authorized Users on blinko, which the Customer declares that he accepts.
16.7 Modification of the General Conditions
Blinko France reserves the right to make, at any time, any changes to the General Conditions that it deems necessary and useful.
16.8 Modification of the General Terms and Conditions
In the event of modification of the General Terms and Conditions, Blinko France undertakes to communicate the new general terms and conditions to the Customer at least fifteen (15) days before the date on which they come into force. In the event that the Customer does not terminate his user account before the new general conditions come into force, the Customer will be presumed to have accepted the said general conditions.
16.9 Waiver
The fact that either Party does not exercise any of its rights hereunder shall not constitute a waiver on its part of the exercise thereof, such waiver being limited to an express declaration by the Party concerned.
16.10 Validity
In the event that one or more stipulations of the General Terms and Conditions are deemed invalid by a competent court, the other clauses shall retain their scope and effect.
The provision considered invalid will be replaced by a provision whose meaning and scope will be as close as possible to the invalidated provision, while remaining consistent with the applicable law and the common intention of the Parties.
16.10 Entirety
The General Terms and Conditions constitute the entire agreement between the Parties, to the exclusion of any other document, in particular those that may be issued by the Customer before or after the signing of the Agreement.
- COMPLIANCE
17.1 Fight against corruption
The Parties undertake to comply with the elements stipulated in this article and to have them applied by their staff, employees or subcontractors, if any, and in particular:
– To comply with all regulations concerning the fight against corruption and influence peddling, including Law n°2016 1691 of December 9, 2016, known as the “Sapin 2” law;
– Not to do anything by action or omission, which would be likely to engage the responsibility of the other Party for non-compliance with existing regulations having as object the fight against corruption and influence peddling;
– Establish and maintain their own ethics and anti-corruption policies and procedures;
– Inform the other Party without delay of any event that comes to its attention and that could result in obtaining an undue advantage, financial or otherwise, in connection with this agreement;
– To provide any assistance necessary to the other Party to respond to a request from a duly authorized authority relating to the fight against corruption.
Each Party undertakes to inform the other Party without delay of any matter that may come to its attention and which may give rise to its liability under this Article.
17.2 Conflict of Interest
Under the terms of this Contract, a potential conflict of interest is defined as a situation in which a Party is in a position that could alter or interfere with its ability to perform its obligations under this Contract. Such a situation may result in particular from economic interests, political affinities, family ties, or any other common relationship or interest.
On the date of signature of the Contract, the parties declare that they have verified that they, their legal representatives, administrative and management bodies, and the persons involved in the performance of their professional and contractual obligations, are not in a situation of risk of conflict of interest.
In the event that one of the persons listed above or one of the Parties is directly or indirectly in a situation of risk of conflict of interest, each Party shall inform the other without delay.
The Parties shall agree together, on a case-by-case basis, on any measures to be taken to put an end to this risk of conflict of interest, which each Party undertakes to implement within the agreed timeframe.
The Parties undertake to inform all their legal representatives, administrative and management bodies and employees concerned of the provisions of this clause both at the time of the conclusion of this Agreement and during its term.
- APPLICABLE LAW – JURISDICTION
The General Conditions are governed by French law.
The parties expressly agree to submit any dispute relating to the contract (including any dispute concerning its negotiation, conclusion, performance, termination and/or cessation) and/or to the commercial relations between the parties as well as to their possible termination, to the exclusive jurisdiction of the courts of Paris, notwithstanding multiple defendants or third party claims, including for proceedings on petition or in summary proceedings.
