General terms and conditions
ARTICLE 1. LEGAL NOTICES
1.1 Editor
You are currently connected to the websitewww.syllabs.com, published by SYLLABS, SAS, share capital 27391 €, Paris RCS: 491380754, head office: 35 rue de Chanzy 75011 Paris France, telephone: 0033608998490, e-mail address: loupy@syllabs.com, intra-community VAT number: FR 03 491380754, publication director and editorial manager: Claude DE LOUPY.
1.2 Internet hosting company
The Site is hosted by Infomaniak Network SA, head office: Avenue de la Praille, 26 - 1227 Carouge - Switzerland, telephone: 0811 14 30 70.
ARTICLE 2. DEFINITIONS
« Internet User » : any individual or legal entity, whether governed by private or public law, connecting to the Site.
« Site » : website accessible at the URL www.syllabs.com , as well as sub-sites, mirror sites, portals and variations of URLs related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to any Internet User. Browsing on the Site implies acceptance by any Internet User of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, in particular by means of a robot or browser, shall imply full and complete acceptance of these general terms and conditions.
Acceptance of these general terms and conditions will be formalised by the Internet User by ticking the box on the Quotation or on the Website corresponding to the following sentence: "I acknowledge having read and accepted the general terms and conditions of sale and use". By the same token, the Internet User acknowledges having read them in full and accepting them without restriction. The fact of ticking the aforementioned box shall be deemed to have the same value as a handwritten signature on the part of the Internet User. These general terms and conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Site is to present Syllabs’ activity. Any Internet User interested by the services offered is invited to contact Syllabs directly using the form provided for this purpose on the Site.
ARTICLE 5. OBLIGATIONS
5.1 Nature of Syllabs’ obligations
Syllabs undertakes to provide the care and diligence necessary to provide quality services in accordance with the specifications of these Terms and Conditions. Syllabs is only liable for an obligation of means in respect of the services which are the subject hereof.
5.2 Force majeure - Internet user’s fault
Syllabs shall not be held liable in the event of force majeure or fault on the part of the Internet User, as defined in the present article:
5.2.1 Force majeure
Within the meaning of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of the transmission networks, collapse of the installations shall be considered as a case of force majeure that may be invoked against the Internet User, the illicit or fraudulent use of passwords, codes or references provided to Internet User, hacking, a security breach attributable to the host of the Site or the developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Syllabs. In such circumstances, Syllabs will be excused from the performance of its obligations to the extent of such impediment, limitation or inconvenience.
5.2.2 Internet User’s Fault
Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Internet User or its employees, failure to comply with the advice given by Syllabs on its Site, any unlawful disclosure or use of the Internet User’s password, codes and references, as well as the provision of incorrect information or the failure to update such information in its personal space, shall be considered as a fault of the Internet User that can be invoked against the latter. The Internet User shall also be deemed to be at fault for the implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale.
5.3 Technical problems – Hypertext links
In the event that it is impossible to access the Site due to technical problems of any kind, the Internet User may not claim any damages and may not claim any compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute a prejudice to the Internet User and cannot in any way give rise to an award of damages by Syllabs.
Hypertext links on the Site may refer to other websites. Syllabs cannot be held liable if the content of these sites contravenes current legislation. Similarly, Syllabs cannot be held liable if the Internet User’s visit to one of these sites causes it any damage.
5.4 Damages to be paid by Syllabs
In the absence of legal or regulatory provisions to the contrary, Syllabs’ liability is limited to the direct, personal and certain prejudice suffered by the Internet User and linked to the failure in question. Syllabs can under no circumstances be held liable for indirect damage such as, in particular, loss of data, commercial prejudice, loss of orders, damage to the brand image, commercial disturbances and loss of profits or customers.
ARTICLE 6. FINAL PROVISIONS
6.1 Applicable law
The present general conditions are subject to the application of French law.
6.2 Modifications to the present general terms and conditions
These general terms and conditions can be modified at any time by Syllabs. The general terms and conditions applicable to the Internet User are those in force on the day of his order or his connection to this Site, any new connection to the personal space implies acceptance of the new general terms and conditions.
6.3 Disputes
Any dispute arising out of or in connection with this contract shall be settled by arbitration in accordance with the rules of «_ l’Institut digital d’arbitrage et de médiation _» : www.fast-arbitre.com.
6.4 Entirety
The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.
6.5 Non-waiver
Syllabs’ failure to exercise any of its rights hereunder shall in no way be construed as a waiver of such rights.
6.6 Languages of these General Terms and Conditions
The present general conditions are proposed in English