Terms and Conditions - Sitolog Prestashop modules and web services

Our terms and conditions of use

 

This page (together with the documents referred to on it) tells you the terms and conditions of use (“Terms and conditions”)  on which you may make use of our websites including but not limited to those whose URLs are www.sitolog.com  ,  www.sitolog.fr  and www.sitolog.net  (our "websites" or “sites”), whether as a guest or a registered user.

 In order to access and use our services and softwares (the "services"), the user need to have access to the internet (costs at your charge), and required equipment (computer, modem, etc...) to upload or download data and files.

You may only use our websites (and the services provided through our websites) if you agree to these terms. Your continued use of our websites indicates your acceptance that these terms apply to our websites and your use of them. With this acceptation, you are contractually engaged with Sitolog Company, head quarter being located

161 rue de Montarnaud, 38138 Les Cotes d’Arey, France.

If you have any question relative to those terms and Conditions, please contact us using the link named “contact” located on the top of each page.

Legal references:

Head quarter :

SITOLOG

Att: Franck Bugnet

161 rue de Montarnaud

38138 Les Cotes d’Arey, France

 

Company French legal status : Auto-entrepreneur.

SIREN number : 514 961 473

SIRET number : 514 931 473 00014

1. Your account

-Subject to these terms you may open an account with Sitolog by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to buy softwares and request services to be supplied by us.
-During the registration process you will be asked to supply various information’s, including  but not necessarily limited to your name , email address and phone number. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, Sitolog may terminate your account at any time without notice.
-You will also need to provide a password in order to access your account the softwares purchased. -We do not permit you to share your password with any other person. You must keep your password secure at all times. -You will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure.
-You can access and change your personal data at any time (except during the sites maintenance period).

 

2. International users

You commit to respect all laws and rights applicable to your living country, relative to the usage of internet and authorized content .You also commit to respect all laws relatives to data transmission from or to France and from or to your living country.

3. Price and payment

3.1 The prices are those indicated on our sites. Applicable prices are those indicated on our sites at the date and time of the order confirmation by the user. No price modification will be applied to orders after confirmation and during processing.

Prices are indicated, on user choice, in Euro, US Dollar or UK pound and are all VAT taxes exclusive.

Due to its Auto-Entrepreneur legal status, and the implementation of the French law (CGI) article 293B, VAT is not applicable to services sold by Sitolog, till our yearly selling volume does not reach the limit define by the law. When this yearly limit is reached, VAT taxes will apply.

In case handling and carrier/expedition costs are applied, they are charged on top of product and services prices, as indicated during the order process.

3.2 Payment can be done online, using Paypal services or usage of credit card or other payment means, as  indicated on the sites.

Confirmed order are definitive after agreement of the payment service (bank or Paypal). In case of reject of payment, the order will be automatically cancelled.

Accuracy of information’s provided during the order process are under your responsibility. Sitolog declines all responsibilities in delivery mistakes due to inaccurate data provided.

3.3 During the order process of chargeable services, the user will be asked to fill in and validate the on line order form. The on line order system and database is the legal reference of content and date of  the order. 

One order confirmation is send to the e-mail provided. A private copy of each order is also available on the sites.

Sitolog has the authority to refuse or cancel any new order from a user with whom we had some conflicts in the past about payment of an order or with whom got a refund of an order of software in the past.

3.4 Sitolog remains the owner of material shipped or send to the user (print copy, files,…) until complete and validated payment of the order.

3.5 When indicated on the sites, Sitolog can accept and start processing the order, before the complete payment of it (Not applicable to all products, not applicable to softwares).

In this case, Sitolog will provide in electronic form, by e-mail, of one small proof of the processed image, protected by a filigree in the name of Sitolog .

After validation of the proof by the customer, the payment will have to be completed to initiate the delivery of the finished products.

At minimum, Sitolog will ask for a 30% déposit before starting the work.

The deposit is not re-imbursed in case of order cancellation.

 

4. Shipment

Software sold by Sitolog are not shipped. They are exclusively downloadable after (within 24h open hours) the order acceptance and full payment (during a define duration, typically 6 months).

The number of possible downloads will depend on each software licence.

After 6 months, the buyer is keeping the right to use the software, but cannot any longer download the software from the site. Unless he purchase a subscription providing free access to new versions of it.

5. Customer’s obligations

Although we prohibit the uploading of certain types of image to our websites, we cannot control, nor do we monitor the use of our websites.

It is possible that images or other material may appear on our websites which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our websites please contact us without delay.


We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our websites including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.

We may refuse to provide any further services to anyone who breaches these terms of use.

-any use by you or your guests of our websites in breach of these terms,
-any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
-any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

 

6. Usage conditions

For each usage of our software, some data will ve automatically collected, including  but not necessarily limited to eamil address, serail number, workstation id, date. Thesse data are used exclusively for statistical purpose, control of the licenses, communication about new versions.

You agreement to collect these data will be claimed only once for ever, at the first usage.

In case your refuse to have these data collected, the software will close.

7. Commercial rights

-You are not allowed to use our sites (or to copy or use any material from our sites) for any commercial purpose other than to conduct a commercial transaction with Sitolog . This includes allowing access to your account  for payment or for any other commercial purpose.
-You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our sites from any copies or printed items taken of material from our sites.
-You are not allowed to duplicate, sell, share, any part of our services and products, without our written agreement.

 

8. Links to other sites

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

9. Privacy policy

 

For the purpose of the Data Protection French Law (Law named “informatique et libertés” n° 78-17 du 6 janvier 1978, you have access to your personal data collected by Sitolog.

The law gives you the right to change and remove information held about you. Your right of access can be exercised in accordance with the law. You can do it online or by contacting us by e-mail or by letter.

The database holding our customer data has been declared to the CNIL (legal obligation).

We will not disclose any personally identifiable information without your permission unless:

-We are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy.
-We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
-We, or substantially all of our assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
-To enforce or apply our terms of use and other agreements; or to protect our rights, property, safety, customers, or others.
-We subcontract a part of our services.

 

10. Statistics

 

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report information to our branded partners.

We may store some information on your computer when you visit the website. This information facilitates your use of the website, and ensures that you do not need to re-enter your details on each visit. The information may be stored in a cookie which is required for the shopping basket and other e-commerce facilities to function. You can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it, however switching off cookies may result in the website having dramatically reduced functionality including, but not limited to, being able to shop on the site. To find out how to enable/disable cookies, please click here. We do not have any control over cookies which our advertisers or branded partners may use on the website.

 

11. Intellectual property


11.1 You retain all intellectual property rights, including copyright, in those images that you have uploaded to our sites, emailed or send to us where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our websites.

11.2 You may not upload, email or send to us, request us to process or to print, or otherwise deal in relation to our websites, with any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

 

12. Information relative to commercial identifications

 

Sitolog, the Sitolog's logo and all other logos  of our sites are the  property of Sitolog company. You are not allowed to use, copy, distribute those commercial identifications, by any means, without prior written authorization of  Sitolog management.

Merlin Backoffice is a registered trademark (INPI).

 

13. Guarantee

 

13.1 You acknowledge and formerly agreed that:

 

*Usage of our services are at your own risks. Our services are provided “as is” and accessible based on availability. Sitolog does not provide any insurance regarding compatibility of our products and services for a specific usage, or in case of non respect of rules of utilization of our servce.

*Sitolog does not guarantee that: (1) The services will perfectly fit your expectations (2) Services will be permanently available, workable and out of error (3) Results of our services will be exact and reliable (4) The quality of any product, service, information or any other material purchased will perfectly matches your expectations (5)That bugs in software, if existing, will be corrected.

*Downloading or using of material, files, images, obtained by using our services is at your own risk .You are the only one accountable for any damage on your computer or for any lost of data due to the download or usage of such material.

* None of advices or information’s, provided by Sitolog, by written or oral, are generating any additional guarantee not expressly documented into the terms and conditions.

 

13.2 You commit  to compensate Sitolog (and its partners, affiliates, representatives, employees) against any damage, complaint or request from anyone about: (1)sending, diffusion, use or transmission of content  by yourself on the site (2) usage of our services (3) violation of the terms and conditions (4) Infringement of others rights. This guarantee includes payment of penalties, lawyers and court fees.

 

13.3 Sitolog is also selling softwares, particularly pluggins for other applications like Prestashop. OUR SOFTWARES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARES OR THE USE OR OTHER DEALINGS IN THE SOFTWARES.

 

14. Limited responsibility

 

You acknowledge and agree, that as far as allowed by legislation, Sitolog cannot be considered accountable or responsible for any direct or indirect damage, including lost of data, customers, profits or any other lost of personal tangible or intangible goods (even if Sitolog was informed of the risk of these looses, resulting of: (1) usage of or unavailability of our services or products (2) acquisition of goods or due to a transaction happening during utilization of our services or products (3) unauthorized access to our services by a user and (4) more generally all other questions in connection with our services or products.

YOU ACKNOWLEDGE AND AGREE THAT THE INSTALLATION AND USAGE OF SOFTWARES SOLD BY SITOLOG IS DONE AT YOUR OWN RISK. PARTICULARLY, SITOLOG CANNOT BE CONSIDERED ACCOUNTABLE OR RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE OF YOUR DATABASE, LOST OF DATA? CUSTOMERS? OR PROFIT.

 

15. Cancellation

 

15.1 Sitolog has the right to cancel completely or partially your access to your account and your password, to even remove your account, to remove or move any content on our sites, for any reason, including: (1) No use of the account for a period of one year or more, (2) If we have legitimate reasons to consider that you violated or acted as contradiction with the spirit of the Terms and Conditions of use and (III) in the event of behavior qualified by Sitolog like detrimental for the other users, the activity of Sitolog, or any other third party.

 

15.2Any cancellation of access to the Service can happen to happen without preliminary notice. Sitolog could not be held for responsible for any consequence of cancellation of access to the Services.

16. Modification

16.1 Terms and conditions can be modified at any time, without notice.

16.2 Pages of the site which supplement the Terms and conditions form an integral part of it. During promotional campaigns, complementary conditions can supplement the Terms and conditions; in the event of contradiction between the Terms and Conditions and the complementary conditions, these last will prevail.

16.3 Sitolog reserves the right, constantly, to modify, temporarily or permanently stop whole or part of the Services and this without preliminary notice. Sitolog could not be held responsible with your or any third party’s opposition for any modification, suspension or interruption of the Services.

17. Order cancellation rights / satisfied or refund policy

17.1 As per French law (“Code de la consummation”) article L.121.20, customer of material products (softwares are not included) have seven days, to cancel an order, without having to justify reasons nor to pay penalties, with the exception, if necessary, of the expenses of returning material. The time mentioned runs as from the reception of the order or at the date of acceptance of the offer (in our case: validation of one proof per order).

However, Sitolog reserves to right to charge the cost of services already executed at the time of the order cancellation.

Will be accepted only for return, complete products, in their original packaging, send to the following address:

Sitolog

Att: Franck Bugnet

161 rue de Montarnaud

38138 Les Côtes d’Arey

France

Any returned product, arriving damaged or incomplete, will not be credit back.

 

17.2 According  L.121-20-2 article of the the French “code de la consommation”, the right of cancellation is not applicable for the supply of services of which the execution started, with the agreement of the customer, before the end of the seven clear days deadline, just as for the supply of the goods made according to the specifications of the consumer or definitely personalized or which, because of their nature, cannot be returned.

This is applicable to all photo processing services of Sitolog.

By confirming in order, you acknowledge and agree that the execution of the services may start immediately, making un-applicable your right of cancellation.

Nevertheless, at Sitolog, your whole satisfaction is an essential value, present in each stage of restoration and final improvement or treatment of your photographs.

This is why, if you estimate that we did not answer your expectations, do not hesitate to inform us of your objections in the 14 days after reception of work, by specifying the reasons for your dissatisfaction (after this delay, no credit  will be considered). Only complaints based on defects or technical insufficiencies (taking into consideration the state of art) will be taken into account.

On your request and only after our agreement, we will re-execute the service or will propose a refunding in the form of credit or by cheque or Paypal payment, within one month as from your complaint.

17.3 The fixed order processing fee is not credit back, included with any order, is never credit back.

17.4 Shipment cost is credit back only if the claim is accepted prior any shipment is done by Sitologor its partner (print producer partners in particular) and if no material has to be shipped back to the customer.

 

17.5 IMPORTANT: These cancellation rights are not applicable to any softwares or modules sold by Sitolog.

Effectively, due to their nature (downloadable and easy to duplicate), softwares cannot be physically returned.

So all Sitolog downlable products are not returnable and not refundable.

The purchase of our softwares INDICATES YOUR ACCEPTANCE OF THESE CONDITIONS.

However, even if this is not a legal obligation, Sitolog applies a "satisified or refund" policy. Applicable under the following conditions:

-Get our formal approval, before the purchase is done, to benefit from this policy.
-To claim the refund within 2 weeks maximum after the purchase (can be extended once by an additional 2 weeks period on demand).
-Th
at the user is in good faith and gives us the reasons for his non-satisfaction.
-That the user is fully commited to uninstall the software, to never use it again and delete any copy made of it.



 

18. Data backup, copy of original material

Backup of data is under your responsibility. Please insure to make a backup copy of your data and files before their transmission near the Site.

Sitolog declines any responsibility in the event of loss or deterioration of your data and files.

19. Various

19.1 Terms and conditions constitute the totality of agreement made between Sitolog and the user of the Service concerning the use of the Service.

Terms and conditions of use replace any agreement possibly occurred before between you and Sitolog .

The incapacity for Sitolog to get executed the rights which are recognized to him does not constitute a renunciation of these rights.

If any of the items of the Terms and conditions his cancelled, the other items will remain valid and continue to apply.

19.2 Terms and conditions are respectful of the French law. Any disagreement relative to the application of these Terms and conditions, their interpretation or more generally, with the use of the service, which cannot be solved by a gentleman agreement or compromise, will be carried in front of the courts of jurisdiction in France.

20. Convention of proof

Both parties agree for the following convention of proof:

* pieces of evidence are constituted by: exchanges of emails, the files lodged on the servers of Sitolog or of one of its technical people, statistical elements generated and communicated by Sitolog , accessible by electronic way, like invoices.

 * Sitolog ensures the conservation and filing of these pieces of evidence during a time of one year.

21. Control

While this is not constituting an obligation, Sitolog reserves the possibility of proceed to control operations, in a unilateral way, specific way, or on request of a third party, intended to check the respect by the user of the terms of this contract as well as contractual.

These controls could if required, conclude by the temporary hold of the user account, particularly when Sitolog requests the user the supply of relative information with the noted failures. These checks can, if necessary, justifies for Sitolog the right to proceed to the cancellation of this contract in the event of fault of the user.

22 Softwares licence

Each software sold by Sitolog can come with its own licence and warranty terms. By defaults the following licence and warranty terms apply:

Sitolog grants you a license to use one copy of the Software. "Use" means storing, loading, installing, executing, or displaying the Software. You may use the Software only on one computer or processor at any one time. You may not modify the Software or disable any licensing or control features of the Software. If you signed a special licence agreement with Sitolog for "concurrent use/' you may not allow more than the maximum number of authorized users to Use the Software concurrently.

23.1 Ownership
The Software is owned and copyrighted by Sitolog or its third-party suppliers. Your license confers no title to, or ownership in, the Software and is not a sale of any rights in the Software. Sitolog 's third-party suppliers may protect their rights in the event of any violation of these

23.2 License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the accompanying documentation, even in part, without Sitolog 's prior written consent. You may not copy the Software or documentation into any public network.

23.4 No Disassembly or Decryption
You may not disassemble or decompile the Software unless Sitolog 's prior written consent is obtained. In some jurisdictions, Sitolog 's consent may not be required for limited disassembly or recompilation. Upon request, you will provide Sitolog with reasonably detailed information regarding any disassembly or recompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
You are not allowed to make any copy of the documentation and videos provided on our sites or with the software, without our formal written agreement. You are not allowed to place then on a public server.

23.5 Transfer
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.

23.6 Termination
Sitolog may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with ail copies, adaptations, and merged portions in any form.

23.7 Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
Restricted Rights
The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991), or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101 (a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the Sitolog standard software agreement for the product involved.

23.8 Warranty
OUR SOFTWARES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARES OR THE USE OR OTHER DEALINGS IN THE SOFTWARES.
This warranty begins on the date of purchase and continues for the period specified above.
Sitolog warrants to you, the end-user customer, that the software will not fail to execute its programming instructions due to defects in material and workmanship when properly installed and used. Sitolog does not warrant that software will operate in hardware and software combinations selected by you, or meet requirements specified by you.
Sitolog 's warranty does NOT cover connectivity issues.

Sitolog does not warrant that the operation of the products will be uninterrupted or error-free.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTES ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT ALLOWED BY LOCAL LAW, ANY IMPLIED WARRANTY OR CONDITION OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. IN PARTICULAR THIS WARRANTY IS NOT COVERING THE CONSEQUENCES OF THE LOST OF CUSTOMER DATA, DIRECTLY OR INDIRECTLY DUE TO THE USAGE OF THE SOFTWARE.
Some countries, states, or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion might not apply to you. This warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state, or province to province.
EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY AND ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.

23.9 Customer Responsibilities
You may be required to run Sitolog -supplied diagnostic programs before a replacement is dispatched. After the troubleshooting, if no software defect is detected, the service will be charged at Sitolog 's standard rates.
You are responsible for the safety and security of your own proprietary and confidential information and for maintaining a procedure external to the products for reconstruction of lost or altered files, data, or programs.
You should back up all data on your System before using our softwares and prior calling the Sitolog for support.
USE OF THE SOFTWARE IS SUBJECT TO THE SITOLOG SOFTWARE THIS LICENSE TERMS

PURCHASING, DOWNLOADING OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.

23.10 Support.

Support on our software is provided on best effort only, by e-mail or phone. There is no support obligation included in our software product.