Owner & Creator: Isahit SAS - Société par Actions Simplifié (simplified joint-stock company)
Registration Number: 812 570 604 - RCS Créteil B
VAT Number: FR 71812570604
Company's Capital: 2535,00 €
Address: 25 Avenue Robert André Vivien - 94160, Saint Mandé
Publication Director: Philippe Coup-Jambet - philippe (at) isahit (dot) com (the publication manager is a natural person or a legal person)
Web Hosting Service: Webflow, Inc - 398 11th Street, 2nd Floor. San Francisco, CA 94103
Webflow Contact information : +1 415-964-0555 - privacy@webflow.com
Full Webflow privacy policies: https://webflow.com/legal/privacy
The purpose of these general conditions (hereinafter "General Conditions") is to define the conditions under which ISAHIT, a simplified joint stock company with a capital of 1.1,200.00, registered in the Créteil Trade and Companies Register under number 812 570 604, whose registered office is located at 25, avenue Robert André Vivien in Saint Mandé (94160) (hereinafter the "Service Provider" or "ISAHIT"), provides its co-contractor (hereinafter the "Customer") with a socially responsible service for the outsourced processing of digital tasks and, where applicable, associated services.
They apply without restriction or reservation to all contractual relations between the Client and the Service Provider in respect of the Service (as these terms are defined below), regardless of the clauses that may appear in the Client's contractual documents, and in particular in its own general and special terms and conditions of purchase.
In accordance with the legislation and regulations in force, the General Conditions are systematically communicated to the Client, to enable him to benefit from the Service offered by the Provider.
Any subscription to the Service Provider for the provision of the Service implies acceptance by the Customer of the General Terms and Conditions and the Special Terms and Conditions (as this term is defined below).
The information contained in the Service Provider's catalogues, brochures and price lists is given for information only and may be revised at any time. The Service Provider is entitled to make any changes it deems necessary and to apply them immediately.
The version of the General Terms and Conditions applicable is the one in force at the date of the Client's subscription to the Service offered by the Provider.
However, the Service Provider reserves the right to adapt or modify the General Terms and Conditions or the Special Terms and Conditions at any time and without notice. The amended terms and conditions will apply after a period of thirty (30) days following their communication to the Client, unless the Client requests termination of the Agreement before the end of this period. In this case, the Agreement will be terminated after a period of three (3) months, during which the previous contractual conditions will be applied.
"Special Conditions".
means the special terms and conditions applicable to the contractual relationship between the Service Provider and the Client for the provision of the Service or certain additional or ancillary features.
"Contract"
means the contractual package governing the relationship between the Service Provider and the Client, consisting of the Special Conditions and the General Conditions.
"Personal Data"
means any information relating to an identified or identifiable natural person.
"Duration of the Contract"
means the duration of the provision of the Service, as determined in the Special Conditions.
"Identifier"
means the personal identification and password, communicated by the Service Provider to the Client, allowing access via the extranet to the information collected in the context of or in connection with the Service.
"Internet"
means the global communications network (or network of networks) that combines telecommunications resources and computers (servers and clients) to exchange information and data based on a specific protocol called TCP/IP, which can be accessed via a connection from a computer terminal.
"Part"
means individually and/or collectively the Provider and the Client.
"Service"
means a set of tasks entrusted by the Client to the Service Provider in the context of an Order.
"Service"
means the outsourced digital task processing facility and any associated services provided by the Service Provider during the Term, the terms and conditions of which are set out in these General Terms and Conditions and the Special Terms and Conditions.
It is specified that the Parties have agreed to abide by the principles of interpretation set out in Articles 1188 to 1192 of the Civil Code.
The definitions given for a term in the singular shall also apply when that term is used in the plural and vice versa. Terms used in the plural shall apply both to the whole thus defined and to one or more of its elements taken individually.
The definitions given for a noun will apply mutatis mutandis to verbs, adjectives and adverbs with the same root and vice versa.
References to the masculine gender shall include the feminine and vice versa.
The General Conditions shall be interpreted according to the common intention of the Parties rather than the literal meaning of its terms. In the event of any difficulty of interpretation between any of the present stipulations and its title, the titles shall be considered as having no binding force.
The purpose of the General Conditions is to define the conditions under which the Service Provider provides the Client with the Service.
The contractual relationship between the Service Provider and the Client shall be governed by the following documents:
● General Conditions;
● the Special Conditions.
In case of conflict between these two documents, the Special Conditions shall prevail.
The contractual documents listed above constitute the entire agreement between the Service Provider and the Client with respect to its subject matter, and supersede all prior representations, negotiations, undertakings, oral or written communications, acceptances, understandings and agreements between them with respect to the same subject matter.
The Customer must use a computer terminal, a modem and any other equipment necessary to access the Internet. He must also have a functional email address.
The Customer acknowledges that use of the Service requires access to the Internet. Where necessary, it is specified that Internet access is not included in the price of the Service and must be provided by a third party operator under its responsibility and according to the Customer's choice.
The Client acknowledges that the Service Provider has informed the Client of all the technical requirements necessary for the optimal functioning of the Service. The Client is also informed that these requirements may change, in particular for technical reasons. If a change occurs during the course of the Contract, the Client will be informed in advance.
Otherwise, the Service Provider shall not be held responsible for the Client's inability to use the Service.
5.2 Scope of Services
Unless otherwise agreed by the Parties, the Service Provider provides the Client with an outsourcing service for the processing of digital tasks, to which additional services may be added.
The Service is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Company's control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Site and the Service.
Access to the monitoring of the tasks entrusted within the framework of the Service is carried out via extranet access using a User ID from any fixed or portable computer terminal, even if not located on the Client's premises, by connecting to the Site and complying with the connection instructions communicated in the "LOGIN" section (the "Personal Area").
The Identifier is assigned individually to the Client by the Service Provider.
The Client is the sole custodian of the Identifier and is responsible for its use and confidentiality. The Customer shall inform the Service Provider without delay if he/she becomes aware of the deliberate disclosure or misappropriation of the Identifier, so that the Service Provider can take all appropriate measures without delay to remedy the situation.
In the event of loss or misappropriation of the Identifier, a procedure for assigning a new Identifier is implemented. This procedure is communicated by any means by the Service Provider to the Client in due time.
The Client is informed that the connection to the extranet is made via the Internet. The Customer is aware of the technical hazards that may affect this network and lead to slowdowns or unavailability making the connection impossible. The Service Provider cannot be held responsible for difficulties in accessing the Service due to disruptions in the Internet network.
It is the Client's responsibility to indicate to the Service Provider the Service(s) he wishes to have performed as part of the Service. This choice is materialised by an order summarising the services to be performed (the "Order").
The Order is made by means of the appropriate area accessible from the Personal Area or by means of a paper document with an electronic or handwritten signature.
As the Customer is a professional purchasing within the framework and for the needs of his profession, the right of withdrawal provided for in the Consumer Code shall not apply between the Parties, subject to the possible exceptions provided for in Article L. 221-3 of the said Code.
As evidence, the data recorded in the Provider's computer system constitutes proof of all transactions concluded between the Provider and the Customer.
Any request for modification of an Order placed by a Client shall only be taken into account after agreement by the Service Provider. It may result in a possible price adjustment.
The Service Provider shall be free to refuse the modification of the Order requested by the Client.
In the event that the Client modifies the Order, the Service Provider shall not be bound by the time limits initially agreed for its execution.
The Service Provider reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order or for any other legitimate reason, without the Customer being entitled to claim any compensation.
5.5. Performance of the Services - deadlines
The Service Provider shall have a best effort obligation to perform the tasks assigned by the Client.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer within the time period communicated to the Customer at the time of the Order.
However, this period is given as an indication and the Service Provider shall not be liable to the Client for any delay in the provision of the Services not exceeding thirty (30) working days.
If the Services ordered have not been provided within thirty (30) working days after the indicative date of provision specified to the Client, for any reason other than force majeure or the Client's fault, the Order may be cancelled at the Client's written request sent to the Service Provider by registered letter with acknowledgement of receipt.
The sums paid by the Customer for the Order in question shall then be returned to the Customer within fourteen (14) working days of the date of receipt of the cancellation request, to the exclusion of any compensation or deduction.
In the event that the Service Provider is unavailable to carry out all or part of the Services, the Client shall be informed as soon as possible and shall have the option of cancelling the Order. The Client may then request a refund of the sums paid within thirty (30) working days of their payment.
As part of the Service, the Client shall make available to the Service Provider various information relating to its activities and/or its customers (the "Data").
The Data shall be recorded for the purpose of ensuring its retention. The Service Provider shall use its best efforts to retain the Data throughout the performance of this Agreement, subject to deletion of the Data by the Client.
The Customer is informed that the Service Provider cannot guarantee that the Data transmitted by the Customer will be retained during the first twenty-four (24) hours after they are sent.
The Client expressly authorises the Service Provider to host, cache, copy and display the Data solely for the purpose of performing the Service and only in association with or in connection with the Service.
The Customer is solely responsible for the creation and use of the Data in connection with the use of the Service.
The conditions under which the Service Provider carries out processing of Personal Data on behalf of the Customer are set out in a specific agreement.
The Client acknowledges that the Service Provider has no control over the transfer of Data via the public telecommunications networks used by the Client to access the Service, including the Internet. The Customer acknowledges and agrees that the Service Provider cannot guarantee the confidentiality of the Data during the transfer of the Data over such public networks. Consequently, the Service Provider shall not be liable for any misappropriation, capture, corruption of the Data or any other event that may affect the Data during its transfer on public telecommunication networks.
The Customer is informed and agrees that the Service Provider may access and transmit the Data upon request of an administrative or judicial authority entitled to access the Data.
The price of the Services under the Service and the terms of payment are defined in the Special Conditions.
The price offered is expressed in euros (€) and is calculated according to the tariff in force on the date of signature of the present contract.
VAT will be charged in addition at the rate applicable on the date of invoice.
Any change in the applicable regulations or in their interpretation which results in the Service Provider having to bear taxes, duties or fees other than or in excess of those existing on the date of signature of the Agreement shall result in a corresponding adjustment of the prices, so that the Service Provider shall in all cases receive the full price in force on the date of conclusion of the Agreement.
The prices stipulated by the Service Provider may be revised annually on 1 January of each year, or at any other time it deems appropriate.
The modified prices will apply after a period of thirty (30) days following their communication to the Customer, unless the Customer requests the termination of the Contract before the end of this period. In this case, the Contract will be terminated after a period of three (3) months, during which the previous prices will be applied.
Invoices are payable upon receipt by the Customer, and at the latest within thirty (30) calendar days of their communication to the Customer.
Payment of the price must be made by bank transfer or by an online payment method offered by the Provide
Pursuant to the provisions of Article L. 441-6 of the French Commercial Code, any delay in the payment of an invoice on its due date shall result in the payment of a late payment penalty, the rate of which shall be equal to three (3) times the legal interest rate, and a fixed indemnity for collection costs, the amount of which is already expressly set at forty (40) euros
In the absence of payment of the invoice after its due date, the Service Provider may suspend, without any formalities whatsoever, the Client's access to the Service.
The Service Provider shall not grant any discount for early or cash payment by the Customer.
The Customer expressly undertakes to use the Service on a professional basis and in a manner that complies with the legal and regulatory provisions in force applicable to his activity, and in particular good morals, public order, as well as the present contractual stipulations, of which he declares himself to be fully informed.
The Customer undertakes to comply with the General Conditions and the Special Conditions.
In addition to the payment of the Price, the Customer is obliged to provide the Service Provider with all information relating to the use, operation and smooth running of the Service.
The Customer represents and warrants that the use of the Service :
(iii) shall not be liable - either civil or criminal - to the Service Provider in any way whatsoever.
The Client declares that it is insured, in particular for professional civil liability, with a company known to be solvent and that it keeps all insurance policies up to date, to cover all damage caused to the Service Provider or to any third party and resulting from the performance or non-performance of the Contract.
Finally, the Customer undertakes to respect all intellectual property rights associated with the Service. The Customer does not acquire any rights to these elements by using the Service.
8.2. General obligations of the Service Provider
The Service Provider undertakes, under the conditions and within the limits set out herein and in the Special Conditions, to :
● provide the Customer with access to the Service with the functionalities described in article 5.2 hereof, supplemented by the Special Conditions;
● implement reasonable means to ensure good quality access to the Service and to ensure the performance of the Services;
● take all reasonable precautions to preserve the security of the Data and Personal Data;
● take all reasonable security measures to ensure the preservation and integrity of the Data and Personal Data;
● proceed, at the end of the contract, to the destruction of the Data and the Personal Data, on simple request of the Customer;
● to inform the Customer of interruptions related to maintenance tasks, and to make its best efforts to limit the consequences for the Customer.
8.3. Specific obligations of the Service Provider
As part of the Service, the Provider undertakes to entrust the physical performance of the Services to natural persons of legal age residing in a developing country.
In this respect, it is specified that these persons will act as "self-employed persons" in accordance with the legislation in force in their country of residence.
Although these people are not employees of the Service Provider, the Service Provider undertakes to pay them a pro-rated remuneration for time spent at least equal to ten times the extreme poverty line.
The Client expressly acknowledges that the Service Provider is only bound by an obligation of means in the performance of the Service.
In any event, the Customer is solely responsible for maintaining the confidentiality of the Identifier communicated to him.
The Customer is solely responsible for the fraudulent use of the Identifier.
The Client is solely responsible for any deletions, alterations or inaccuracies in the Data and Personal Data that it may have caused; the Service Provider does not review the appropriateness of the instructions given by the Client.
The use of the Service implies the knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the lack of protection of certain Data against possible misappropriation, the risks of alteration of the Data, or piracy and risks of contamination by possible viruses circulating on the Internet.
Although the Service Provider makes every effort to ensure a perfect quality of the Service, the Service Provider declines all responsibility in the event of misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of its servers, telephone line or any other technical connection, and the sending of forms to an erroneous or incomplete address, any computer errors or defects noted on the Service.
The Service Provider's liability is limited to direct damages to the exclusion of any indirect and/or immaterial damages and, in particular, any loss of opportunity, turnover, profit, exploitation, reputation, clientele, commercial or economic prejudice and other loss of income.
The liability of each Party for loss resulting from its negligence or that of its agents and representatives, fraud, fraud or gross negligence is neither excluded nor limited.
Notwithstanding any other stipulation herein, the total cumulative liability of the Provider shall not exceed the sum of fifty thousand euros (€50,000.00).
By express agreement between the Parties, no legal action or claim whatsoever may be brought or made by either Party more than one (1) year after the occurrence of the event giving rise to the claim.
The conditions under which the Service Provider carries out processing of Personal Data on behalf of the Customer are set out in a specific agreement.
The Customer indemnifies the Service Provider against any claim, complaint or complaint from a natural person whose Personal Data is reproduced and hosted by means of the Service.
Neither Party shall be liable for the non-performance or improper performance of one or more of its obligations under the Contract if such non-performance or improper performance is due to force majeure.
According to Article 1218 of the Civil Code, force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties of any kind whatsoever.
However, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible.
It is expressly agreed that the Parties may terminate this Contract by operation of law, if the event, defined as a suspension of obligations, continues for more than three (3) months. However, this automatic termination may only take place eight (8) days after receipt of a formal notice that has remained unsuccessful, notified by registered letter with acknowledgement of receipt or any extrajudicial act.
In the event that one of the Parties fails to perform an essential obligation of the Contract, the other Party may notify the Party in default of a formal notice requiring it to remedy the situation in question, if a remedy is possible, within thirty (30) days from the date of receipt of the registered letter.
If this is not remedied within the time allowed or if no remedy is possible, the other Party may terminate the present contract by registered letter with acknowledgement of receipt, by right and without formality.
The termination shall take effect on the date of the first presentation of the second registered letter, without prejudice to any damages to which the non-defaulting Party may be entitled by virtue of the law or the present contract.
The Parties consider themselves to be independent of each other and undertake to indemnify each other against any damage they may suffer in connection with the Contract.
They are and will remain, for the duration of the Contract, independent commercial and professional partners.
The Service Provider owns all copyrights and rights to trademarks, domain names and all software, software packages and know-how used and referred to herein.
In particular, the Service Provider retains exclusive ownership of the tools, methods and know-how used in the performance of the Service.
The Client agrees not to file or claim, directly or indirectly, on its behalf or on behalf of a third party, in France and throughout the world, any title or intellectual property right on the information it receives from the Service Provider under the terms of this Agreement. This obligation shall survive the termination of this Agreement. In addition, the Client shall ensure that its employees, officers and any other third party involved in any way in the performance of this Agreement comply with this obligation.
The Parties agree that the Service Provider shall not acquire any rights in the Data communicated by the Client in the context of the Service.
The Parties undertake throughout the Term of the Contract, and for a period of one (1) year following its termination, whatever the cause, to maintain complete confidentiality and to treat all information exchanged or received from the other Party as confidential, including the Contract, and to use such information solely for the purpose of performing the Service.
However, it is understood that the confidentiality undertaking will not apply to confidential information:
In this respect, the Client undertakes to refrain from disclosing, directly or indirectly, any information or know-how communicated, or to which it may have had access, within the framework of the performance of the Contract, unless said information has fallen into the public domain.
At the end of the Agreement, the Client shall return to the Service Provider without delay all documents, goods and objects - both tangible and intangible - which have been provided to the Client in connection with the provision of the Service.
At the same time, the Service Provider undertakes to destroy the Customer's Data and Personal Data upon request.
The General Terms and Conditions and the Special Terms and Conditions are, for their validity, interpretation and execution, subject to French law.
The General Conditions and the Special Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ANY DISPUTE OR LITIGATION THAT MAY ARISE CONCERNING THE INTERPRETATION OR EXECUTION OF THESE TERMS AND CONDITIONS AND THAT THE PARTIES ARE UNABLE TO RESOLVE AMICABLY, SHALL BE SUBMITTED TO THE COMMERCIAL COURT OF PARIS, TO WHICH THE PARTIES ATTRIBUTE EXCLUSIVE JURISDICTION, EVEN IN THE EVENT OF A WARRANTY CLAIM OR A PLURALITY OF DEFENDANTS. THE PRESENT JURISDICTION CLAUSE, BY EXPRESS AGREEMENT OF THE PARTIES, ALSO APPLIES TO ALL EMERGENCY PROCEDURES (REFERRAL PROCEDURES, PETITIONS, ETC.).
The Parties shall elect domicile at the addresses given in the Contract. Any change in the registered office or address of one of the Parties may be invoked against the other Party after it has been notified to it by registered letter with acknowledgement of receipt sent to its elected domicile.
All notifications, requests, demands or other communications made pursuant to the provisions of these Special Conditions shall be made in writing and sent by registered letter with acknowledgement of receipt.
The failure of either Party to exercise, in whole or in part, one or more of the rights resulting from the provisions of the General Terms and Conditions shall not constitute a waiver on its part of the benefit of that right for the future or of any other right resulting from the present.
The Parties declare and guarantee each other that they are legally and regularly constituted or registered under French law and that they have all the powers and capacities required to sign and execute the present contract and the Special Conditions.
The Parties further declare that the execution and performance of this Agreement and the Special Conditions shall not result in any breach, termination or modification of any of the terms or conditions of any contract or instrument to which they are parties and that this Agreement is not in conflict with any of the provisions of such contract or instrument.
Each of the Parties undertakes not to enter into or allow to continue any commitments which may impede or render more difficult the performance of the present contract.
The Parties undertake to behave at all times towards each other as loyal partners in good faith and to perform their obligations hereunder in that spirit.
If any one of the stipulations herein is found to be null and void with regard to a rule of law in force or a judicial decision that has become definitive, it shall then be deemed unwritten but the other stipulations shall retain their force and scope, provided that the clause found to be null and void was not an essential and determining condition for one of the Parties to contract.
The General Terms and Conditions and the Special Terms and Conditions are expressly agreed and accepted by the Client, who declares and acknowledges that he has full knowledge of them and therefore waives the right to rely on any other document.
These special conditions (hereinafter "Special Conditions") supplement the general conditions (hereinafter "General Conditions").
As a reminder, in the event of a conflict between these two documents, the Special Conditions take precedence.
It is specified that, with the exception of terms specifically defined in the Special Conditions, terms beginning with a capital letter have the meaning attributed to them in the General Conditions.
The price is set by one or more of the 4 offers specified in the Order with the following characteristics:
● Basic" offer: Invoicing per digital task carried out on the basis of €5.55 (excl. VAT) per hour with a response time of 1 to 7 hours with a guaranteed quality rate of 97% and according to the specific terms described in the Order
● Priority" offer: Invoicing per digital task carried out on the basis of €7.65 (excl. VAT) per hour with a response time of a few minutes or with a guaranteed quality rate of 97% and in accordance with the specific terms described in the Order
● Gold" offer: Invoicing per digital task carried out on the basis of €9.95 (excl. VAT) per hour with a response time of 1 to 7 hours with a guaranteed quality and control rate of 100% and in accordance with the specific terms described in the Order
● Services - Set-up" offer: Invoicing of €400 excl. tax :/ day or €57.14 excl. tax per hour according to the service provided and the specific terms described in the Order
The Contract is concluded for an indefinite period and may be terminated by either of the Parties, without notice, by letter with acknowledgement of receipt or by sending an e-mail to the address: support@isahit.com
The technical modalities for the exchange of digital job data are described in the Order
If any one of the stipulations of the present contract should prove to be null and void with regard to a rule of law in force or a judicial decision that has become definitive, it shall then be deemed to be unwritten, but the other stipulations shall retain their force and scope, subject to the clause that is null and void not having been an essential and determining condition for one of the Parties to contract.
The Parties shall elect domicile at the registered offices indicated at the beginning of this Agreement. Any change in the registered office or address of one of the Parties may be invoked against the other Party after it has been notified to it.
Unless otherwise stipulated, all notifications, requests, demands or other communications made pursuant to the provisions of the present and the Special Conditions shall be made in writing and sent by registered letter with acknowledgement of receipt.
The General Terms and Conditions, the Special Terms and Conditions as well as the tariffs mentioned therein are expressly approved and accepted by the Client, who declares and acknowledges having perfect knowledge of them, and thus renounces the right to rely on any other document.
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