The present General Terms and Conditions apply to the Workshop it! Service as per the contract signed between the company (“the Client”) whose name appears on the order form or the on-line order
and
WORKSHOP IT (“Workshop it!”)
having its registered office at 13, place de Verdun, 38000, Grenoble, France, listed in the Grenoble Trade and Companies Register under the number 828 520 536.
In subscribing to the Workshop it! Service, the Client accepts the present Terms and Conditions in their entirety, irrespective of the provisions included in his own documents, notably his general terms and conditions of purchase.
In using the Workshop it! Service, the Client signifies his acceptance of the present Terms and Conditions.
“Client account”: secure area dedicated to the Client on the Workshop it! Service website, which the Client’s Users can log into using their user account, giving them access to the data produced in using the Service.
“User”: any person possessing a user account for the Service.
“User Account”: this consists of a user ID and a password allocated to a Client Area, and entitles its User to access the data in the said Area and the functions included with the Service as per the prerogatives attributed to him.
“Workshop”: a working meeting between Participants lasting no more than a few hours and for which the Workshop it! Service provides functions pertaining to declaration, facilitation support, and storage of the information produced.
“Facilitator”: User facilitating at least one previous, ongoing or future workshop among those held during the period covered by the subscription.
“Participant”: any person using the Service via the service.workshop-it.digital site or the Workshop it! application for smartphones and tablets.
“Client Content”: files uploaded or data produced by the Client in using the Workshop it! Service, whether from Users or Workshop Participants, entered using the Service’s web interface or via the Service’s mobile and tablet applications.
Period of commitment and renewal
The Workshop it! Service is delivered via a subscription subject to an initial commitment of one (1) year, billed in full at the start of the period.
The subscription commences on the date the Client Area is created in Workshop it!.
The subscription is then renewed by tacit agreement for further periods of one (1) year, unless it is cancelled by the Client by registered letter no later than three (3) month before the expiry date.
Payment
The Workshop it! Service is provided at the rates in effect when the order is recorded by WORKSHOP IT, as stated on the www.workshop-it.digital website, depending on the package selected or as per the Order Form drawn up by WORKSHOP IT. Prices are indicated in euros excluding VAT.
We reserve the right to change our prices at any time. The new prices are applicable immediately to new subscriptions and on expiry of the current period to ongoing subscriptions.
Prices do not include additional expenses incurred through third parties, e.g. internet access charges, data transfer charges or calls invoiced by internet or telephone operators.
Unless agreed to the contrary on the Order or the Invoice, payment is due on receipt of the invoice. WORKSHOP IT is entitled to charge interest at the rate authorised by the applicable law on any amounts remaining unpaid on their due dates.
Cancellation / Suspension
The Client is entitled to cancel his subscription at any time by registered letter, giving at least three (3) month’s notice.
The final payment balance for the period is calculated on receipt of the notice as follows:
- Credit cannot be granted during the first year of subscription
- During the renewal period, credit is calculated on the basis of the subscription amount for the current period, as a proportion of the outstanding credit for workshops relative to any credit acquired as per the package subscribed to, but may not be less than the pro-rata amount remaining for the period and applied on the same basis.
- The credit thus calculated is deducted from the outstanding amount owed by the Client for the current period. If the result is positive, the balance is still owed by the Client as per the above-mentioned terms of payment. If it is negative, the balance will be paid by WORKSHOP IT within 30 days.
At the end of the notice period, the Workshop it! Client Area is automatically deleted along with all attached information (Client Content). This operation is final and irreversible.
WORKSHOP IT reserves the right to suspend the Workshop it! Service provided to the Client and/or to block his Area or User Accounts:
- if the Client breaches the terms of payment,
- if WORKSHOP IT has valid grounds to suspect that the Client is breaching any provision of the Contract or the present Terms and Conditions.
The Service may be cancelled automatically by either party in the event of force majeure.
Free trial: WORKSHOP IT reserves the right to refuse to open, or to block or delete a Client Area created during a free trial on the mere suspicion of misuse or a breach of the present Terms and Conditions.
Terms of use
The Client undertakes to use the Services solely for his internal business requirements and to refrain from selling or transferring his rights to use the Service to a third party.
Reopening or reusing a given Workshop it! Workshop to address a second topic is not permitted.
A given Facilitator account cannot be used for two workshops simultaneously.
A Workshop normally lasts about an hour, and a few hours at the most.
Technical prerequisites
The Workshop it! Service requires the use of a web browser and mobile devices (tablets or smartphones). The necessary and recommended technical prerequisites for these are specified on the www.workshop-it.digital website.
Service availability
WORKSHOP IT reserves the right to modify the functionality of Workshop it! at any time provided that the modifications are not detrimental to the Service delivered.
WORKSHOP IT may be required to carry out scheduled or emergency maintenance operations, resulting in a temporary Service interruption. The Client contact named in the Contract will be notified of scheduled operations at least 48 hours in advance; whenever possible these will be organised so as to minimise impacts on the Service.
Privacy and data protection
Like the Workshop it! website, the Workshop it! Service has been declared to the French data protection authority (Commission Nationale de l’Informatique et des Libertés – CNIL) under the number 1829287.
Personal and commercial data
Data that the Client passes on to WORKSHOP IT via the Workshop it! public website or during commercial and contractual relations with WORKSHOP IT are processed in accordance with our Privacy Policy, which can be consulted at www.workshop-it.digital.
Client Content
WORKSHOP IT undertakes to comply with current French data protection laws and to process data in accordance with the provisions below.
WORKSHOP IT attaches special importance to keeping your Content secure and takes all appropriate steps to limit the risk of it being damaged, disclosed or misused.
Client Content is stored at our hosting company’s data centre in conditions aiming to keep them secure and confidential, and kept only as long as necessary for the purpose of delivering the Service.
Access to Client Content is restricted to duly authorised persons, in the sole context of carrying out operations required to keep the Service in operational condition or of performing services explicitly requested by the Client.
WORKSHOP IT guarantees that your Content will not be passed on or sold to third parties for marketing or prospecting purposes under any circumstances.
However, you are hereby informed that it may be disclosed in application a law or regulation, or in accordance with a ruling of a relevant regulatory or judicial authority, or if necessary for the purpose of preserving WORKSHOP IT’s rights and interests in the framework of legal proceedings.
Codes, user IDs and passwords
Workshop it! stores the passwords of User Accounts with the aid of an encryption algorithm to prevent them from being disclosed.
By virtue of the security policy the Client requires users of his Client Account to respect, he is fully and solely responsible for protecting the user IDs, codes and passwords needed to access the Service, and for any use of the service obtained through them.
Intellectual property
The Service and its software, content, logos, illustrations and videos are the exclusive property of WORKSHOP IT SAS and protected by French and international copyright laws.
Workshop it! is a registered trademark of WORKSHOP IT.
Client Content is the exclusive property of the Client.
Scope of warranties and liabilities
The Workshop it! Service is provided “as-is”, in a professional manner consistent with current industry standards.
However, WORKSHOP IT makes no warranty of any kind whatsoever, whether express or implicit, including warranties of merchantability, fitness for a particular purpose, functionality, compatibility with existing software applications or specific browsers, performance or outcomes from using the Service.
Neither WORKSHOP IT nor its legal representatives, employees and subcontractors will be held liable under any circumstances for any indirect, consequential, special or punitive damage of any kind – including but not limited to loss of revenue or profit, operating loss, data loss or business damage – suffered by the Client as may arise in the course of or in relation to the Service provided, even if WORKSHOP IT is notified of a risk of it occurring.
In any case, should the Client incur damage in the course of or in relation to the Service provided, for any reason whatsoever and irrespective of the legal grounds claimed and retained, WORKSHOP IT’s liability shall not exceed, all damages taken together, the amount paid or owed by the Client for the three months’ subscription to the Service preceding WORKSHOP IT being notified of the claim.
- deterioration in or non-delivery of the Service in the event of force majeure, including in particular war, natural disaster, DDoS attack, and internet network malfunction
- actions by third parties including Users and Participants, in particular through the use of account user IDs obtained without Users’ knowledge
- deterioration in or non-delivery of the Service due to failure of an external system that is necessary to operate the Service but beyond the reasonable control of WORKSHOP IT
The Client undertakes unconditionally to compensate WORKSHOP IT and its legal representatives, employees and subcontractors for any claim, action or demand from a third party, including without limitation all reasonable legal and accounting costs, arising in the course of or resulting from the use or misuse of the Service or a breach of the present General Terms and Conditions or the applicable law by Users or Participants.
Advertising and promotion
The Client expressly authorises the reproduction of his logo and brand on any advertising or communications concerning the Workshop it! Service on any media whatsoever.
Disputes – Competent jurisdiction
The contract, the present Terms and Conditions and all legal relations arising from them are governed by French law. Should any disputes arise from the contract, the present Conditions or any related conditions, the courts with exclusive competent jurisdiction to rule on them shall be those of Grenoble (Isère, France).
Updated on 31/03/2017.
