General Conditions of Sale and Use
SURG UP Company
SARL with capital of € 124 245,00
RCS ROUEN n° 507 917 060
Headquartered at: 107 Allée François Mitterrand – 76100 ROUEN, FRANCE
The following terms have in these general conditions of sale and use the following meaning:
- Company: Designates SURG UP SARL
- Sponsor: Refers to the organizer of a project, study or survey, that has defined the specific parameters of them.
- User: Refers to any natural person or legal entity using the Website.
- Marks: Refers to the trademarks and logos used or deposited by the company on which the Company wan claim an anteriority.
- Personal data: Refers to any information relating to an identified or identifiable natural person.
- Databases: Refers to all anonymized Data
- Website: Refers to https://www.doqboard.com/.
- License of Use: Refers to the contract by which the Company defines the conditions of access by the Users to the DOQBOARD application. The type of License is mentioned in the Purchase order or agreed with the Company the subscribing online and may be of the “PRO” (free) or “EXPERT” (paying) type. For these 2 types, the license can be either “Individual” (1 user, single user). In the case of a “Department” license, the license type is the same for all users.
- DOQBOARD APP: Refers to a data analysis application in surgery, allowing surgeons and surgical research actors to perform or participate in projects and offering them the provision, exchange and access to Study forms and Databases.
- Software: Refers to the DOQBOARD application, provided in the form of object codes, designed and produced by the Company and including related documentation, the installation of which by the User is a prerequisite for access to the DOQBOARD FORMS.
Acceptance of these GCSU implies acceptance of the GCSU applicable to the DOQBOARD FORMS (accessible at the following link: https://www.doqboard.com/gcsu/doqboardforms) and to the DOQBOARD APP (those two services being articulated and interconnected and understood as a whole.
ARTICLE 1: APPLICATION – OPPOSABILITY – ACCESS
These General Conditions of Sale and Use (GCSU) constitute the basis of the commercial negotiation and are systematically addressed, delivered or accessible online or physically to each buyer to enable him to place an order. They are applicable to the Website: https://www.doqboard.com/.
Any contrary condition opposed by the buyer will be, therefore, in the absence of express acceptance, unenforceable to the seller, regardless of when it may have been brought to his attention.
The expenses of telecommunication during the access to internet and during the use of the Website are exclusively payable by the Users. There is no limitation of time for the use of the Website.
The Company reserves the right, without prior notice, nor compensation, for example, to change the operational methods, the servers and the hours of accessibility, to close temporarily or definitively the Website or to make an update or modifications. In the same way, the Company reserves the right to apply to the Website and its services all the modifications and the improvements that the Company will consider necessary.
The fact that the seller does not prevail at a given time of any of these GCSU cannot be interpreted as a waiver of any subsequent use of any of these conditions.
ARTICLE 2: DESCRIPTION OF THE SERVICES
2.1. Description of services
The services provided by the DOQBOARD WEBSITE are essentially:
- Subscribing to the newsletter;
- Subscribing to the services provided by DOQBOARD FORMS and DOQBOARD APP;
- Signing-up to download the Software.
On the home page of the Website available at https://www.doqboard.com/, any User can stay informed of the news of the Company by filling a specific form.
The User has to fill the form with the exclusive and following information:
- His name;
- His e-mail address;
- His category. The User can choose the category from a list stated in the form but can also select “Other” and give his proper category.
Also, and in order to avoid any spam, the User has to answer to a basic mathematical calculation to confirm his subscription.
The request of the User to be informed will be completed when the User clicks on “Send”.
Users are liable for the information given in this specific form and shall not give any false information or identity.
If so, the Company will be able to remove the User from the mailing list of the newsletter without prior notice.
This service is free.
For information purposes only, the newsletter subscription form could be presented as follows:
2.3 Subscribing to the services
On the home page of the Website available at https://www.doqboard.com/, any User can access to the section “Plans & Pricing”.
Once the User clicked on this section, he will have the possibility to subscribe to the plan of his choice between:
- PRO License, free and unlimited duration;
- EXPERT License, which is an annual subscription.
Besides, EXPERT License rates are given on this same page. However, the Company has the right to modify the prices and rates available on the Website without prior notice.
The prices and rates opposable to the User will be those displayed on the Website and on the payment page at the date of the payment.
By clicking on “Subscribe”, the User will be redirected to a payment page for his EXPERT plan (article 4).
Before any order, Users request access to the application in its free version (“PRO” license) by completing a form online subscription.
The Company cannot under any circumstances be held liable, implicitly or expressly, with regard to the Clients, Users or Third Parties, on the quality or the content of the data entered into the Website to get access to the DOQBOARD APP, especially if false or incorrect data is provided.
In the context of the provision of its services through the DOQBOARD APP or through the DOQBOARD FORMS, the Company collects personal data of the Clients and in particular the following data:
- Email address;
- Medical specialty;
- Place of exercise;
- City of exercise;
- Bank details.
The User will receive an e-mail from the Company notifying him that his account has been created and giving him the link to download the Software.
All the details regarding the DOQBOARD APP or the DOQBOARD FORMS are specified in their GCSU available on the Website or at request sent to the Company.
ARTICLE 3: INVOICING (“EXPERT” License)
An invoice is issued and issued upon the electronic delivery of the license. It opens a payment period of up to 30 days.
ARTICLE 4: PAYMENT (“EXPERT” License)
Payment for access to the Software in its paid version (“EXPERT” license) is carried out separately.
In case of online order, the User agrees in this context to pay for access through monthly or annual wire transfers after establishment of authorizations provided by the User through the communication of its credit card data. This authorization validation will be done online via the payment module STRIPE in accordance with the general conditions of STRIPE accessible at this link: https://stripe.com/fr/legal
In case of order by acceptance of a quote, the payment will be made by bank transfer or by credit card or bank check sent by post to SURG UP SARL, 107 Allée François Mitterrand, 76100 ROUEN. If applicable, credit card authorization will be made online via the STRIPE payment module in accordance with the STRIPE general conditions available at this link: https://stripe.com/legal
4.2. Payment delays
Unless otherwise agreed, payments will be made under the following conditions: payment at 30 days, upon presentation of the invoice, by bank transfer or check, according to the payment terms mentioned on the quote of the User.
In case of use of the STRIPE online payment module, payment is made immediately by credit card. Any other method of payment must be the subject to a specific agreement and may incur costs.
4.3. Delay or Defaults
In the event of late payment, the seller may suspend the rights of access to the Software, without prejudice to any other course of action. The rights will be available again when the payment is credited to the account and identified by SURG UP SARL.
Any sum not paid on the due date appearing on the invoice entails automatically from the day following the date of payment on the invoice the application of penalties equal to 3 times the legal interest rate. a lump sum recovery payment of €40 (Law 2012-387 of March 22, 2012).
In case of default of payment, forty-eight hours after a formal notice remained unsuccessful, the sale may be terminated automatically if it seems good to the seller. The resolution will affect not only the order in question but also any previous unpaid orders, whether delivered or being delivered and whether or not their payment has expired.
In all the preceding cases, the sums that would be due for other deliveries, or for any other reason, will become immediately due if the seller does not opt for the resolution of the corresponding orders.
The buyer will have to reimburse all the costs incurred by the litigation recovery of the sums due, including the fees of ministerial officers. Under no circumstances may payments be suspended or be subject to any compensation without the prior written agreement of the seller. Any partial payment will be deducted first on the sums whose payability is the oldest.
The seller does not intend to grant any discount for payment in cash or at a date earlier than that resulting from the general conditions of sale.
ARTICLE 5: EXCLUSION OF LIABILITY
The User waives the search for the liability of SURG UP SARL in the event of damage occurring as a result of the use of the Software, or any document entrusted to it.
It is further agreed that SURG UP SARL will incur no liability for any loss of profit, commercial disturbance that the User would suffer, any claim or claim made against the User from any third party, he is.
ARTICLE 6: PERSONAL DATA
According to statutory provisions N° 78-17 of January 6th, 1978 relative to date processing, files and liberties, as well as to those of the European Regulation 2016/679 of April 27th, 2016 regarding the protection of personal data, the Website ensures the protection of the data collected by the Company.
Within the framework of the necessary and normal functioning of the Website, the collected data are the following one: last name, first name, phone number, email address and profession.
The Company informs that the Website does not have authority to collect health information or other critical data.
The Company commits to refrain from exploiting or from using, from making copies and from creating files of the personal data collected within the information system of the User; for herself or for a third party. The processing of personal data will strictly match the execution of the purposes provided here.
The Company implements measures at an organizational, technical, software and physical level regarding safety of the technology used to protect the personal data against changes, destructions and non-authorized access.
However, it is necessary to note that Internet is not a completely safe environment and that the Company cannot guarantee the safety of the transmission or the storage of information on the Internet.
ARTICLE 7: APPLICABLE LAW AND CONFERRAL OF JURISDICTION
The present contract is integrally subjected to the French law. In the event of any dispute arising in connection with the interpretation or execution of this contract, the parties will endeavor to settle it amicably prior to any legal action. In case of persistent disagreement on the interpretation or execution of this contract, exclusive jurisdiction is assigned to the Courts of Rouen, notwithstanding plurality of defendants or warranty claim, even for emergency procedures or precautionary procedures.
ARTICLE 8: COMPLAINTS
Any complaint and / or challenge of the client against the Company must be made by the User no later than 48 hours from their generating event, under pain of forfeiture, on the address email@example.com.
ARTICLE 9: INTELLECTUAL PROPERTY
All the elements of intellectual property used by the Company are protected by the laws regarding the intellectual property and other, in particular the copyright. The Website and all its elements, in particular but not restrictively, the texts, the images, the videos, the photos, the Marks, the logos, the company names, the domain names are the exclusive property of the Company.
Except for elements published under a free license, any reproductions or representations, even partial, whatever process it is, any automated requests or not aiming at the recovery of the data published on this Website, made without the authorization of the Company are illicit and establish a counterfeit according to statutory provisions of the March 11th, 1957, articles 40,41 and 42 of the penal code.
Any intellectual property right on the Website or its content belong exclusively to the Company. Any use or reproduction, even partial, unauthorized of the Website is strictly forbidden. Every offender will be sued before the competent jurisdictions.
ARTICLE 10: MAINTENANCE CLAUSE
The maintenance clause applies to paid products and services, contracted between SURG UP SARL and the User. It is carried out exclusively at a distance, by accessing a telephone number (+33) 2 78 77 54 18 and an email address firstname.lastname@example.org from the company SURG UP SARL to ask him any questions relating to the use and operation of the application and if necessary correct any malfunction, by remote control of the Client’s computer (requiring the installation by it of the remote access application recommended by SURG UP SARL). It is exercised during the period of validity of the license of the Software.
Any additional maintenance beyond the original order (annual evolutionary and corrective maintenance of the Software) can only be done in writing, must be accepted by the company SURG UP SARL, and authorize this company to issue a complementary invoice beyond the initial offer, possibly allowing, and if necessary, the extension of the execution period.