Monstock
Terms and conditions of use and sale
Last modified on 25/06/2023
Customer service contact details: contact@monstock.net
PREAMBLE
In 2016, MONSTOCK created a stock management solution via an application.
Simple and fast mobile inventory management system enabling businesses to enter the era of
digital technology, at a price consistent with their means.
The solution developed by MONSTOCK allows users to be connected in
constant monitoring of their stocks. In practical terms, salespeople, storekeepers and sales representatives
can, with complete mobility from their smartphone, offer a quality service to their
own customers by accessing product sheets, drawing up quotations, following up on
order, check stock levels, etc.
The User shall be personally responsible for setting up the necessary IT resources and
telecommunications enabling access to the Platform
1. INTRODUCTION AND SCOPE OF APPLICATION
1.1 Introduction
The purpose of our general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions of Use and Sale" or "GTCU") ") is to govern the relationship between MONSTOCK, a simplified joint stock company, registered with the Reims Trade and Companies Register under number 834 950 156, whose registered office is located at 35 Rue René Cassin, 51430 BEZANNES (hereinafter "MONSTOCK ") and its professional customer (hereinafter the "Customer") so that the Customer's employees who have access to it (hereinafter the "Users") can use the inventory management platform developed by MONSTOCK, accessible at: https://monstock.net (hereinafter the "Platform").
These GTC apply exclusively to Customers in the context of their professional activities.
MONSTOCK and the Customer are collectively referred to as the "Parties".
The use of MONSTOCK products and services implies unconditional acceptance of the terms and conditions set out in the Terms of Use.
1.2 Scope
When requested by the Customer, failure to accept the GTCU by not ticking the box
By ticking the acceptance box, the Customer expresses their refusal to use the products and services.
developed by MONSTOCK. If the Customer does not accept the GTCU, they will not be able to
access all MONSTOCK products or services, whether for a trial or a
purchase.
The GTCU are a binding contract between the Customer and MONSTOCK. They provide for the
conditions governing the use of the Services by the Customer and Users. These GTCU,
as well as all updates, additions, additional terms and conditions, and all rules and
MONSTOCK's policies together constitute the "Contract" between MONSTOCK and the
Customer.
MONSTOCK reserves the right to amend the GTCU at any time. The new GTCU
shall then be applicable to all Customers and Users as soon as they are posted online, with the exception of
specific terms and conditions of the Terms of Use applicable to current paid Subscriptions that
apply until the expiry of the Subscription (defined in Article 2).
1.3 Amendment of the GCUV and entry into force
MONSTOCK reserves the right to modify or amend the GTCU at any time, it
will notify the Customer in advance, if necessary, by email sent to the address
contact details provided by the Customer during registration.
The new Terms and Conditions of Use shall apply to all Users as soon as they are posted online.
For Customers who have taken out a paid Subscription, in the event of a change to the GTCU, the
in force on the date of signature of the Paid Subscription contract continue to apply
until the Subscription expires.
2. CHARACTERISTICS OF MONSTOCK PRODUCTS AND SERVICES
MONSTOCK markets and sells to its Customers the equipment necessary for the use of the
Platform and Services under the best conditions (hereinafter the "Products").
MONSTOCK also offers Users a range of services to manage their
stocks, improve productivity, and personalise products, services, and subscriptions by
depending on their needs.
The services offered on the Platform by MONSTOCK are made available to
Users based on the type of services, products and/or subscriptions chosen by the
Customer.
Subscriptions (hereinafter referred to as "Subscriptions") are, in ascending order of
Available features:
MONSTOCK ESSENTIAL: basic functions; user management; stock management;
purchasing and sales, support services and training;
MONSTOCK PROFESSIONAL: basic functions; user management; management of
stocks; purchasing and sales, support services and training;
connectivity and integration of a specified number of Users;
MONSTOCK ENTERPRISE: basic functions; user management; stock management;
purchasing and sales, support services and training; connectivity and
integration of a specified number of Users.
To find out more about the services offered in each subscription package,
Please visit the following page: https://monstock.net/fr_fr/price.php
MONSTOCK also offers optional additional services (hereinafter referred to as the
Services:
- Full-day distance learning, Half-day distance learning,
- On-site training,
- Starter pack,
- SCM and FSM digitalisation consulting,
- Advice Pack,
- Project management and support,
- Integration settings,
- Configuration and customisation,
- Disk space,
- API,
- Map view,
- Customisation and bespoke solutions.
For detailed information about the Services offered, please refer to the
"Prices" pagehttps://monstock.net/price.php
The Services, Products and Subscriptions offered by MONSTOCK on the Platform are
accessible, in accordance with the Terms and Conditions of Use available here (insert the
link to the page) to all Users who have the legal capacity to use it.
3. TERMS AND CONDITIONS OF SALE
3.1 Sale of products
3.1.1 PRODUCTS
The Products are presented on our website at
https://www.shop.MONSTOCK.net/ (the "Website").
The selling prices of the Products are indicated in our catalogue and expressed in euros, VAT included.
comprise.
Delivery charges are indicated on the quotation sent to the Customer. These may vary depending on
depending on the size of the parcel and the delivery address.
3.1.2 ORDERING PROCESS
In order to place an order (hereinafter referred to as the "Order"), the Customer must follow
and carry out the following steps:
1. Accessing the Website;
2. Follow the instructions available on the Website to open an account.
customer or identify yourself as a Customer;
3. Complete the order form after selecting all the
Products he wishes to purchase, specifying for each one
Products, desired quantity;
4. Check the items in the Order, identify and, if necessary, correct them.
errors;
5. Accept the GTCU, which entails confirmation of the Order;
6. Follow the instructions provided by the online payment service provider to
pay the price.
The Customer shall receive electronic confirmation of acceptance of payment of the
Order to the address provided when opening the customer account.
Acceptance of the GTCU, the designation of the selected Products, their quantities, prices and
delivery terms subject to confirmation of the Order.
The Customer is committed to MONSTOCK from the moment they confirm their Order.
The Order is considered finalised and is only prepared from the
receipt of full payment from the Customer by MONSTOCK.
3.1.3 DELIVERY SERVICE AND DELIVERY TIMES
The Order is only prepared and delivery times only commence from the moment
upon receipt of full payment from the Customer by MONSTOCK.
MONSTOCK organises the delivery of Products using a service provider.
independent transport. Customers can benefit from the delivery service in France.
metropolitan France and Corsica.
The Product Order is delivered to the address provided by the Customer at the time of
Order within a maximum period of 4 weeks from receipt of the suit.
payment by the Customer.
Delivery is carried out by our transport provider.
The Customer undertakes, upon receipt of the boxes and in the presence of the carrier, to check
the condition of the packaging. As soon as possible, they undertake to check that the Products are intact and
l'absence de vice apparent.
In the event of damage related to transport to the carton itself or the Products, the
The Customer undertakes to note this on the carrier's delivery note.
The Customer undertakes to send any complaints regarding damaged or non-compliant products to
compliant or defective, within 48 hours of receiving the goods,
with supporting photographs, by sending an email to support@monstock.net. If no complaints or
If no reservation is made within this period, the products can no longer be returned or exchanged.
exchanged.
Once delivery has been made, all risks relating to the Products are transferred to the Customer.
In the absence of specific information, the costs and risks associated with the transport and delivery of the goods shall be borne by the recipient.
Products are the sole responsibility of the Customer.
3.1.4 LIABILITY AND WARRANTIES
MONSTOCK cannot be held validly liable under the warranty for alleged defects.
or hidden defects affecting the Products.
Under the same conditions, MONSTOCK's liability for alleged Products
defective cannot be validly sought for any damages that may occur.
caused to the property of the Client or Users.
MONSTOCK's warranties apply to normal use of the Products and do not
do not apply to damage or destruction caused in particular by error
assembly, misuse, faulty use or overloading.
After delivery, MONSTOCK's warranty does not apply to Products that are
stored or kept in conditions unsuitable for preserving them from damage
integrity or substance, such as bad weather in particular.
In the event of apparent non-compliance of the Products with the order form
attributable to MONSTOCK, the Customer may request either the replacement of the Products or
the cancellation of the invoice for the price of the non-compliant Products, excluding
any other form of compensation. In particular, MONSTOCK shall in no event be liable for
obliged to compensate the Customer for any damage related to the delivery of Products
non-compliant.
3.2 Sale of services
3.2.1 SERVICES
The Services are presented on our website at the following addresses:
https://MONSTOCK.net/fr_fr/customize
https://MONSTOCK.net/fr_fr/services
https://MONSTOCK.net/fr_fr/api
https://MONSTOCK.net/fr_fr/integrations
The selling prices of the Services are indicated on our website in euros, excluding taxes.
3.2.2 ORDERING PROCESS
In order to place an order (hereinafter referred to as the "Order for Services"), the Customer must
You must request a quote from MONSTOCK at the following address:
contact@monstock.net
3.2.3 SERVICE AND RESPONSE TIMES
MONSTOCK and the Client shall jointly determine the terms and conditions of MONSTOCK's involvement.
with the Client as part of the quotation process.
3.2.4. ACCEPTANCE REPORT
MONSTOCK shall proceed within 5 days of the completion of the Services to the drafting stage.
a revenue report (hereinafter referred to as the "revenue report").
The receipt is sent to the Customer by email to the address provided.
by the Customer upon registration.
In the absence of any written comments regarding the revenue report submitted by the Client within a
within seven (7) days of MONSTOCK sending the receipt report, the report of
The receipt is deemed accepted and the Services are compliant.
Any comments or refusal to approve the acceptance report by the Customer must be notified by
written to MONSTOCK with the relevant reasons within seven (7) days.
MONSTOCK undertakes to correct the non-conformities identified and to resubmit the report.
of the recipe for approval within ten (10) days.
In the event of repeated refusal by the Customer to accept the revenue report without legitimate reason, MONSTOCK may
proceed with a unilateral signature of the receipt report. The signature of the receipt report certifies
compliance of the Services.
3.3 Subscription
3.3.1 SUBSCRIPTIONS
Subscriptions are presented on our website at
https://monstock.net/fr_fr/price
The sale prices of Subscriptions are indicated on the website in euros, excluding taxes:
3.3.2. SUBSCRIPTION PROCESS
In order to subscribe (hereinafter referred to as "Subscription"), the Customer must follow and
carry out the following steps:
1. Accessing the Website;
2. Follow the instructions available on the Website to open a customer account or
identify yourself as a Customer;
3. Complete the subscription form after selecting the Subscription to which it
wishes to subscribe, specifying the desired number of user accesses;
4. Check the Subscription details, identify and, if necessary, correct any errors.
errors;
5. Accept the GTCU, which entails confirmation of the Subscription;
6. Follow the instructions provided by the online payment service provider to pay for the
Prix.
The Customer shall receive electronic confirmation of acceptance of payment of the
Subscription to the address provided when opening the customer account.
The express and unreserved acceptance of the GTCU for the designation of the Subscription
chosen, brings confirmation of the Order.
The Customer is committed to MONSTOCK from the moment they confirm their
Subscription.
The Subscription is considered finalised and is only prepared from the
receipt of full payment from the Customer by MONSTOCK.
For certain specific requests, the Customer must submit a request for
Request a quote from MONSTOCK at: contact@monstock.net.
3.3.3. SUBSCRIPTION AVAILABILITY AND TERMINATION
The Platform is accessible to the Customer upon payment of the Subscription fee and throughout the duration of the Subscription.
WITHDRAWAL PERIOD AND FREE ACCESS
For a period of fourteen (14) days from the date of payment of the subscription fee, the customer shall be entitled to a free subscription to all services on the platform. This period shall allow the customer to test the use of the platform.
At the end of this fourteen (14) day period from the date of payment for the Subscription, the Customer may choose to exercise their right of withdrawal. If the Customer chooses to withdraw, they shall inform MONSTOCK in accordance with the conditions set out in Article 5. MONSTOCK shall then refund the price of the Subscription to the Customer as soon as possible.
Notwithstanding the Customer's termination, and unless cancelled by the Customer, the Customer retains their account and a free subscription to the Platform and Services, the latter being limited, which the Customer understands and acknowledges.
RENEWAL
Subscriptions are automatically renewed on the anniversary date for periods identical to the initial subscription period, unless terminated (i) by sending a formal notification with acknowledgement of receipt one (1) month before the anniversary date for subscriptions taken out offline (i) directly from the online account, at least twenty-four (24) hours before the anniversary date.
CANCELLATION AND MODIFICATION OF SUBSCRIPTION
Only free subscriptions may be cancelled at any time by the customer.
Paid subscriptions cannot be cancelled before the end of the term.
When a paid subscription is not renewed, the customer will have access to the free subscription with limited access to the platform and services. They will retain their account and all the documents and information it contains at the end of the paid subscription. They are free to cancel this free subscription at any time and delete their account at their convenience.
By default, all paid subscriptions that have been subject to a special offer (discount voucher, partner offer, special conditions) are converted into free subscriptions at the end of the special offer or special conditions.
Only the Services corresponding to the free Subscription package will remain accessible.
Termination by the Customer shall result in the deletion of the Customer account and all User accounts.
The Customer and Users shall not be entitled to any compensation or reimbursement from MONSTOCK following the deletion of the account resulting from the termination initiated by the Customer.
4. PAYMENT TERMS
RULES
Payments are made in a single instalment for Products and Services. For
Subscriptions: payments are made in a single instalment upon subscription for the entire
Subscription period and in one instalment upon each renewal.
Payments shall be made in accordance with the following terms:
• Either by credit card, on a secure payment server that incorporates a process of
SSL (Secure Socket Layer) encryption.
• Either through payment via the Customer's iTunes account in the case of
The MONSTOCK mobile application downloaded from the Apple App Store.
• Either through payment via the Google account when using the application
MONSTOCK mobile app downloaded from Google Playstore.
MONSTOCK shares the Customer's email address with the company responsible for payment for
payment confirmation.
Bank details are not stored by MONSTOCK under any circumstances. These
Your details are stored by the payment provider responsible for securing the
transactions and allow Subscriptions to be extended.
Transactions and information concerning the Customer are always confirmed. It is
It is advisable to print out the confirmation form and keep it for your records. This form
also contains the contact details of the persons to contact in case of a problem.
Regardless of the type of offer (Services, Products and Subscriptions) subscribed to, the Customer is solely responsible for
responsible for paying for their Subscription.
LATE PAYMENT PENALTIES
Payments are due net, without discount or rebate, on the settlement date indicated on
the invoices.
Late payment penalties are payable on the day following the payment date shown on the
invoice, in principle, unless otherwise agreed between the parties, on the date
receipt of goods or performance of the requested service.
Also, in the event that the amounts due are paid after the date shown on the invoice, this
Any delay shall automatically result in the payment of late payment interest at the interest rate
applied by the European Central Bank to its most recent refinancing operation
recently increased by 10 percentage points, in addition to a lump sum compensation of €40 per
invoice for collection costs, which may be increased by additional charges
additional charges upon justification.
Their enforceability is not subject to prior formal notice.
Furthermore, delays in payment accepted by MONSTOCK also result in
full entitlement to compensation set at the interest rate applied by the Central Bank
European Central Bank at its most recent refinancing operation plus 10 basis points
percentage (default interest).
In the event of late payment, we reserve the right to suspend or cancel the
outstanding orders and services without prejudice to any other remedy and to demand payment
of all our claims due or falling due, automatically and without prior notice.
PURCHASE OF PRODUCTS
Unless expressly stated otherwise, our prices are for goods ex works from our
site or warehouse, packaging not included. In the case of carriage paid delivery, this means
most economical route: additional costs for any other mode of transport are to be
the customer's sole responsibility.
Goods are transported at the recipient's risk, even when the shipment
is made carriage paid. In the event of damage, loss or theft during transport, or in the event of
In the event of a delivery delay, it is the recipient's responsibility to take any action against the
carriers. In any event, if no reservation is made upon delivery, the purchaser may not
not subsequently invoke non-compliance to avoid payment, except in the case of
send their complaints by registered post with acknowledgement of receipt within five days.
If the buyer refrains from taking delivery of the goods, the full amount remains payable.
without being required to return it, without prejudice to any damages and
interests.
Our company also intends to retain proof of delivery of the goods by
signing the delivery note.
5. RIGHT OF WITHDRAWAL
Only Customers who are non-professionals under the French Civil Code
The consumer has a period of fourteen (14) clear days from the date of
subscription to the Subscription in order to exercise one's right of withdrawal
The request may be sent (i) by e-mail to the following address:
contact@MONSTOCK.net (UK), or (ii) by registered post with acknowledgement of receipt to:
MONSTOCK Company, 35 Rue René Cassin, 51430 BEZANNES FRANCE
In all cases, the Customer must provide their full name and address.
electronic information provided at the time of registration on the Platform.
However, in the event that the Customer decides to use the Services offered on
the Platform before the expiry of the aforementioned period, he must expressly request this.
by sending an email to contact@monstock.net. This request will be valid.
express waiver of the right of withdrawal, in accordance with the provisions set forth
by Article L.221-25 of the Consumer Code.
In the event of withdrawal, the Customer shall be refunded any sums already paid.
paid no later than fourteen (14) days for Subscriptions and Services, following the
date of receipt by MONSTOCK of the withdrawal request in accordance with Article
L.221-24 of the Consumer Code. MONSTOCK will, however, retain the costs of
commissioning.
6. ACCESS TO THE PLATFORM
6.1 Conditions of access to the platform
To access the Products and Services offered on the Platform, the Customer must create an
personal account for each User.
MONSTOCK makes every effort to ensure access to the Platform in a manner that is
permanent, subject to maintenance and servicing periods, operations
updating servers and any exceptional interruptions, particularly in
in the event of a technical failure affecting access to or operation of the
Platform for reasons beyond MONSTOCK's control, such as, in particular,
interruption of telecommunications systems, interruption of the Internet, or
the interruption of services provided by its IT service providers, for any reason whatsoever.
MONSTOCK undertakes to use all means at its disposal to inform the
Customer and Users as soon as possible of any interruption to the Services and restore a
access to the Platform as soon as possible.
The occurrence of the events listed above, as well as any other event of force majeure.
This will have no impact on the continuation of Services, Products, and Subscriptions.
and shall not give rise to any claim on the part of the Customer.
Furthermore, MONSTOCK cannot be held liable for any damage or interruptions.
resulting from operations carried out by the User while logged in to the
Platform.
6.2 Hardware requirements
To use the Platform, Users must have computer equipment or
electronic device that can connect to the internet, compatible with the Platform and Services
and an internet connection.
Before using the Services, Products and Subscriptions, it is recommended that you check
the accessibility of the Platform and the compatibility of the Services with computer equipment.
To do so, Users are invited to consult the technical information available.
in the "FAQ" or "Help" sections accessible from the Platform's home page.
MONSTOCK declines all responsibility in the event of equipment failure.
the User or incompatibility of the User with the Platform, the Products or the Services.
6.3 Account - Subscription
To access the Services, Products and Subscriptions, the Customer must create an account by
by filling in the required fields.
The User is then asked to enter a username and password. These
These details are confidential. The User undertakes to keep the username and password secret.
password allowing them to access their account. The User undertakes to change their password regularly.
their password and observe all security recommendations that MONSTOCK may issue.
advise them on choosing their password. At the User's express request, the
It is possible to reset your password.
Each User undertakes to provide accurate information when creating an account.
accurate and to inform the Company of any changes thereto.
The use of the Services, Products and Subscriptions by the User constitutes acceptance of the
these GTCU, without reservation.
In certain cases, particularly for non-payment, incorrect address or any other reason
If there is a problem with the account information, MONSTOCK reserves the right to suspend
the Customer's and/or Users' access to the Services, Products and Subscriptions, until
problem solving.
The User acknowledges that they have been informed that information concerning their Services, Products and
Subscriptions are available on the Platform.
Invoices are archived on a reliable and durable medium in order to
be a true and permanent copy.
6.4 Account usage
Users must accept technical cookies in order to use the
Platform Services.
The User shall be solely responsible for the consequences of using their account, and this
until it is deleted, unless the User can demonstrate that
the use of their login details or account is the result of fraud attributable to a third party.
Any connection or transmission of data shall be deemed to have been made by
the User and under their sole responsibility unless the User can demonstrate
that the use of his/her credentials or account is the result of fraud attributable to a
third party.
The User assumes responsibility for the security of their own terminals enabling
access to the Platform. In the event that they become aware of unauthorised access to
the Platform via their Login Details, the User must inform MONSTOCK without delay so that
that the latter take all necessary measures.
7. SUSPENSION AND TERMINATION OF SERVICES
MONSTOCK reserves the right to suspend, without notice or compensation, access to
the User from the Services in the following cases:
- failure to comply with the Terms and Conditions of Use,
- failure to comply with the Special Terms and Conditions applicable to the Subscription taken out.
MONSTOCK may make changes to the Platform and develop its services.
without the User being able to object. The User acknowledges that changes
Techniques that may improve the quality of the Service may be necessary.
The User is informed that the changes may result in a temporary interruption.
the Services and/or the Platform or an update to their application.
The User is informed that changes to the Platform may, in particular,
require updates to its hardware to enable optimal use of the Platform.
8. PROTECTION OF PERSONAL DATA
8.1 Computer processing
MONSTOCK ensures the confidentiality and security of the Customer's personal data and that of
Users.
The personal data processed by MONSTOCK is intended for the proper functioning of
the Platform to provide all Services and enable the Client and Users
access their accounts.
Optional information is intended to help us get to know the Customer better and thus improve our services.
the services offered to him.
MONSTOCK certifies that its files and automated processing of personal data
have been declared to the CNIL, in accordance with the Data Protection Act of 6
January 1978, under number 2163028.
MONSTOCK may send the Customer information by email.
commercial information about its partners, enabling the Customer to better understand the
services they offer.
MONSTOCK undertakes not to disclose any personal information to third parties.
unless expressly agreed by the Client and Users.
In all cases, MONSTOCK reserves the right to use the data anonymously.
for statistical purposes.
The Customer authorises MONSTOCK to share their data with MONSTOCK's partners.
Before communicating any data to partners, MONSTOCK will anonymise it in the
where possible, the personal data of each User.
8.2 Use of cookies
When accessing the Platform, cookies are installed on the computer or devices.
the User's mobile electronic devices.
Cookies must be retained for the entire duration of the account opening period.
the User.
If these cookies are deleted by the Customer or User, they may no longer have access.
Services, as these cookies enable the personalisation of a set of services and
content based on the User's profile.
8.3 User's rights of access, rectification and objection
The User has free online access to information concerning them, under the heading "My Account".
account" and has the option of modifying and/or exporting their personal data themselves.
staff from the Platform within the limits of their Subscription.
In accordance with the amended Data Protection Act of 6 January 1978, the User
has, at any time, the right to access information concerning them, the right to
to have them corrected, deleted or completed if they are inaccurate or incomplete, a right to
object to their transfer to third parties, the right to object, free of charge, to their
be used to send him commercial solicitations and, more generally, from a
right to object to any form of processing as defined by the said law.
To exercise their right of access, deletion and rectification, Users must submit a request to
written request stating their surname, first name and email address provided to
at the time of registration on the Platform, and by attaching a copy of their identity document,
all addressed to:
MONSTOCK Company, Customer Service, 35 Rue René Cassin, 51430 BEZANNES
MONSTOCK does not retain any data once the account has been deleted.
8.4 Protection of personal data
MONSTOCK uses service providers with infrastructure installed in data centres.
Highly secure centres located in France, offering all the necessary security and safety guarantees.
preservation of data integrity. User data and information are
stored on servers protected by hardware and software protection systems and
encrypted transmissions. For more information, the User may consult the Platform at
our service provider at the following address: http://www.aws.amazon.com
8.5 Account deletion
The User may delete their account by accessing their personal space on the website.
www.MONSTOCK.net (The Norwegian Society for the Prevention of Cruelty to Animals).
MONSTOCK undertakes to delete the account and data. When deleting the
account, an email will be sent to the Customer with an export containing all their data.
personal. All documents archived from the Platform will then be
irretrievably destroyed by the Company. The Company shall send the User an email
confirming the deletion of his account.
9. INTELLECTUAL PROPERTY
9.1 Intellectual property of MONSTOCK
MONSTOCK is the owner of the intellectual property rights attached to:
- to the Platform and all of its constituent elements, such as, but not limited to
this list is exhaustive, information, databases, software or graphics,
- any distinctive sign, filed or registered by MONSTOCK as a trademark or
protected under any intellectual property legislation.
The Services and Subscriptions do not entail any transfer of ownership on the part of
MONSTOCK to the Customer or Users, and does not imply, in particular, authorisation
to represent, reproduce, modify or commercially use the various elements of
the Platform.
Any damage, as well as any unauthorised reproduction,
reproduction, modification, commercial use, in whole or in part, of the various
Any unauthorised use of elements of the Platform is prohibited and exposes its author(s) to prosecution.
The Client and Users shall refrain (and shall ensure that any third party)
refrain from doing so), except to the extent expressly permitted by applicable law,
from: (i) copying or using the Platform other than to the extent stipulated in the
this Agreement or any Order; (ii) use the Platform with equipment
or unauthorised products; (iii) modify the Platform, create derivative works
from the Platform, reverse engineer, decompile, decrypt,
disassemble or convert the Platform into any other format by any other means
human-readable; (iv) use the information and/or data accessible via the
Platform and/or Services to develop or have programmes developed
similar, identical or competing to the Platform and/or Services, for
any use whatsoever, even for internal use; (v) distribute, sell,
license or otherwise make the Platform available to third parties who are not
authorised; (vi) or modify or delete notices of intellectual property rights
or legends contained in the Platform.
Attempting to appropriate, copy, or reproduce all or part of the
Platform or any other intellectual property rights of MONSTOCK, as well as the
act of performing or attempting to perform reverse engineering of the Platform
constitute serious breaches on the basis of which MONSTOCK
may immediately suspend the Customer's and Users' access to the
Platform.
The use of information and/or data accessible via the Platform and/or
Services to create programmes that are similar, identical or competitive to the
Platform and/or Services, for any purpose whatsoever, even for a
internal use by the Customer, at the end of the Subscription, shall constitute damage.
directly to MONSTOCK, giving rise to a right to compensation. In the event of a breach of this
obligation, the Customer undertakes to pay MONSTOCK the sum of twenty thousand
(20,000) euros as a penalty clause.
9.2 Right to use the customer's logos and trademarks
The Customer authorises MONSTOCK to use its logo and trademark free of charge for
for communication purposes on all types of media and means of communication, and this
without any time limit.
9.3 Terms of Use for MONSTOCK APIs
MONSTOCK offers native APIs and Webhooks, known as "Monstock APIs and Webhooks", for
enable the Customer to:
use the features of the various modules of the Platform,
import and/or export data to or from the Platform.
The Customer expressly acknowledges that Monstock APIs and Webhooks remain the
the exclusive property of MONSTOCK, or of third parties that have granted it rights, and may not
may be reproduced, represented or used without the express authorisation of
MONSTOCK. MONSTOCK grants the Customer a non-exclusive, non-transferable licence to use the Software for the purposes specified in the Agreement.
transferable licence for use of the Monstock APIs and Webhooks to which it has access
depending on the Subscription taken out.
The general terms and conditions of use for Monstock APIs and Webhooks are
available on the Website (the "API Terms of Use"). Acceptance of the Terms of Use by the Customer
implies acceptance of the API Terms of Use. The Customer undertakes to comply with the API Terms of Use.
by any third party to whom it grants access to Monstock APIs and Webhooks and will be
held solely responsible in the event of a breach of the API Terms of Use.
10. RESPONSIBILITIES
10.1 User responsibility
The Client and the User are fully responsible for the use that the User makes
Services under the Subscription.
The Customer is solely and exclusively responsible for all documents, information, data and
content that they have created, stored, downloaded or transmitted on their account.
MONSTOCK does not verify any data, documents or information.
created, stored, downloaded and/or transferred by the User on their account. It declines in
consequently, any responsibility for their origin, accuracy, completeness, and more
generally, any use made of it by the User.
Furthermore, it is the responsibility of the User and the Customer to verify that the
documents, information, data and content created, stored, downloaded and/or transferred
on his account:
- Do not constitute an infringement of intellectual property rights,
- Do not contain computer viruses,
- Do not condone crime or encourage any criminal activity,
- Are not paedophilic, pornographic, obscene, racist, defamatory or
revisionist,
- Do not correspond to health data,
- Generally speaking, they are not contrary to public order and morality.
In the event of a breach by the Customer or User of the obligations stipulated above,
MONSTOCK reserves the right to suspend or immediately remove
from the account of the offending User and, where applicable, any documents, information,
data and content that they have created, stored, downloaded and/or transferred to their account,
without the offending User being entitled to claim a refund of their Subscription or
to any compensation under this measure.
When sharing documents, information, data and content, the User is solely responsible.
responsible for their decision to share any of their documents or information with another person
User or grant access to a third party.
In the event of non-performance by the customer of any of its commitments, and in particular
in the event of non-payment on the due date of all or part of the sums due, the contract
may be terminated automatically by MONSTOCK due to the Customer's fault, 15 days after dispatch.
a formal notice sent to the customer to cease the breach of their obligations,
remained unsuccessful, without the need to file a legal claim and notwithstanding
the fulfilment of all contractual obligations by the Customer.
This termination shall take effect upon dispatch of a registered letter with acknowledgement of receipt.
receipt by the Client informing them of the automatic termination. Upon dispatch of this letter,
MONSTOCK shall be released from any obligation and liability towards the Customer.
In the event of termination for misconduct, the Customer shall be liable for contractual compensation and
flat rate equal to 15% of the price stated on the invoice(s).
10.2 MONSTOCK's liability
MONSTOCK undertakes to implement reasonable measures necessary to provide
User Services within the framework of the Special Terms and Conditions accepted by
the User.
As such, MONSTOCK's liability is limited to the commitments made in accordance with
of these GTCU and shall not be held liable for, in particular:
- damage resulting from the total or partial failure to fulfil its obligations by
the User;
- use of the Services by the User that does not comply with the requirements or
MONSTOCK recommendations,
- the User's use of hardware, software or services that do not comply with
recommendations or prerequisites provided by the Company,
- failure by the Customer or User to comply with the General Terms and Conditions of Use; or
the Special Conditions communicated by the Company and accepted by
the User,
- difficulties in accessing the service and slow speeds due to network congestion at certain times.
- direct or indirect damage suffered by the User as a result of improper use
use of the Services offered on the Platform.
- the termination of the relationship between the User and MONSTOCK's partner by
through which the User utilises the Company's Products or Services.
- force majeure.
MONSTOCK cannot be held liable for malfunctions or
any damage to the User's computer system caused by its use
compliance or non-compliance of the Services or the Platform, including any loss of data
any loss or alteration of personal information
and confidential, as well as their disclosure to third parties.
The User is aware of and accepts the limitations associated with the Internet, including:
- that the Platform's response speed may be affected by poor
bandwidth,
- that the confidentiality of data circulating on the Internet cannot be guaranteed
completely and that this data may be misused,
- that the Services offered on the Platform implement functionalities
complex computer systems and that it is not possible to test all possibilities
of use.
The User therefore agrees to bear the risks of imperfection or unavailability.
temporary suspension of the Platform or Services.
Hyperlinks provided on the Platform may link to other websites or
other information managed by partner sites. Insofar as MONSTOCK does not
has no control over these sites, it cannot be held liable for the
content of said other websites.
MONSTOCK's liability shall be limited to the amount paid by the Customer.
11. COOPERATION WITH PUBLIC AUTHORITIES
MONSTOCK will cooperate, in accordance with the law, with authorities conducting
checks relating to content and/or services accessible via the internet
or telephone or with illegal activities carried out by any user
internet or telephone.
MONSTOCK shall not be held liable in the event of communication.
of information in its possession on any request made, by court order, by the
judicial, police or administrative authorities.
12. TRANSFER
The transfer of Services, Products and Subscriptions by MOSNTOCK is free, provided that
this transfer is required by the transfer of the Platform.
The Services and Subscriptions bind the parties hereto, their legal successors and
authorised dealers.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
These general terms and conditions of sale are subject to French law.
The language of this contract is French.
Any complaints should be addressed to MONSTOCK at the following address:
MONSTOCK Company, Customer Service, 35 Rue René Cassin, 51430 BEZANNES
Or by emailcontact@MONSTOCK.net
In the absence of an agreement within one month, any disputes that may arise shall be submitted to the competent court.
arise between Monstock and a consumer or non-professional Customer in relation to the
validity, interpretation, performance or non-performance, interruption or termination of
termination of the GTCU, shall be subject to mediation. The Customer may refer the matter to the mediator of the
consumption of their choice or contact MONSTOCK, who will provide them with the contact details.
a mediator.
If mediation fails or if the consumer or non-professional Client does not
does not wish to resort to mediation, the French courts shall have sole jurisdiction.
For business customers, exclusive jurisdiction shall be given to the Courts of Aix En
Provence.