Terms & conditions
- Presentation of the service Opentime
- Evolution of the Service, the pricing and the General Conditions
- Free trial of the Service
- Usage of the Service
Presentation of the service Opentime Return to the index
The service Opentime (here on after « Opentime » or « Service ») is a web based solution for time and activity tracking. It is intended solely for professional use.
The subscribed user (here on after « le Client ») of Opentime will need to have access to a telecommunitative netwerk adapted to the minimal requirement needed as described in the heading « Technical specifications ».
All subscription to the Service is susceptible to the General Conditions of usage of the Opentime service that will hold the integrity of the agreement between the client and No Parking SARL, at the expulsion of any other dispositions.
The Client will be engaged definitive onces he has validated all the phases of his subscription online. The access to the Service will then be subject to the payment of the service.
The Service is accessible « on Subscription » this means the usage for a specific period of time.
Specific services not included
If the Client wishes to have distinct specific services (for exemple: Live formation, development of specific functions) he will need to inform in advance No Parking SARL so that a tailored solution may be found between the partiesafin qu’une solution sur-mesure puisse être trouvée entre les parties.
Evolution of Service, the pricing and the General Conditions Return to the index
Evolution of the Service
The Service is suspectible to evolving at any moment, this is to come to the needs of the users and to stay up to date with the technological evolutions.
Evolution of the pricing and General Conditions of the Service
The pricing and General Conditions of the Service are also suspectible to evolving at any moment. The pricing and/or General Conditions of the usage of the service Opentime will be updated directly on the website of No Parking SARL and will have tha date on which they last have been updated. The Client is invited to regulary visit the website to consult the latest version of the General Condtions of usage.
The Client having taken a subscription tacitly renewable will automatically be applied the current Terms and Conditions at the time of renewal for his Subscription.
The Client will enjoy a fixed pricing for a duration of two years, provided that he will keep his Subscription. If however, the Client wishes to adjust his usage plan, he will need to abide to the latest pricing.
The Client has the right to terminate its Subscription in the conditions in paragraph "Termination of Subscription".
Free trial of the Service Return to the index
The Client subscibred to the Service for the first time, can enjoy, if he wishes, a free trial.
This free trial can not pass 30 days, no matter what type of subscription has been selected.
The Client that has already been subscribed at least once will no longer be able to enjoy a free trial.
Usage of the Service Return to the index
The Client that has a monthly subscription, renewabl enouvelable par tacite reconduction pour une durée identique, aux Conditions Générales de Service en vigueur lors du renouvellement. L’Abonnement débute dès le 1er jour de la souscription au Service payant, date qui constitue la date anniversaire mensuelle de l’Abonnement.
If the Client that enjoys a free trial subscribes to a paying subscription, the monthly anniversary of the subscription will be set on the date of the subscription to the paying Service.
Conditions of usage
The Client engages himself to use the software in normal conditions et to the tasks that it was ment to do, as has been communicated by No Parking SARL available in the software aide.
The Client can only use the software for personal needs and may not in any case distribute, subrent or place at disposition of third, even for free, only unless it are users that are contected with the Client.
Any malfunction should be promptly brought to the attention of No Parking SARL.
Following any blocking abnormality in the Opentime Service, No Parking SARL is committed to make every effort in order to bring to the Client a corrected version of the software within two working days.
In case of permanent closure of the proposed Service under this contract with No Parking SARL, it is committed to providing to the Customer the entire source code of the software under an "Open Source" license as certified by the Open Source Initiative (OSI) as well as all data entered by users and configuration files.
All documents, information and data entered into the software Opentime is, unless otherwise stated, confidential.
Modification by the Client of his account settings
The Customer has the possibility to change his account settings at anytime. He can, while subscribed, go to his account and change the number of registered users - more or less - to the Service. In the of subscribing for a lower number of users, he must make sure he reduces the number of active users to the limitions givent by the new desired plan.
Account settings from the Client are immediately updated. He will therefore benefit immediately from changes made for his account.
The Contract termination for this Service will be effective upon requesting the closing of the account within the Account settings.
Any fees paid in advance for the current month are still due.
At the end of the Subscription, No Parking SARL is committed to destroy, at the request of the Customer, all the elements, data and files that are still stored on its servers.
Suspension of Service
The company No Parking SARL reserves the right to suspend the contract before term, and without compensation to the Customer in the case where the latter has failed to fulfill the obligations under this contract, after notice has been ineffectual, in particular in the following cases:
- non-payment of fees,
- cessation of activity,
- liquidation of assets,
- infringement of Service.
Fees Return to the index
The software Opentime is made available to the Client, for a monthly fee calculated on the number of registered users.
The number of users used a reference for the calculation of the monthly fee is the number of users stated within the preferences of the Customer's account.
The fee is payable monthly in advance on the anniversary date.
The fee includes both:
- the license,
- the telephone hotline (+33 3 20 06 51 26) and email (firstname.lastname@example.org),
- the updates.
Limitation de responsabilité
No Parking SARL ne saurait être tenu d’une obligation de résultats si ceux-ci dépendaient de la plate-forme technique et de son hébergement.
En aucun cas No Parking SARL n'assume de responsabilité envers le Client en cas de dommages directs ou indirects, y compris notamment de manque à gagner, pertes d'exploitation, pertes de bénéfices, interruption d'activité ou autres pertes de nature pécuniaire, et ce, même si un représentant de No Parking SARL a été informé de la possibilité de ces dommages.
En aucun cas No Parking SARL n'assume de responsabilité envers le Client en cas de réclamation d'un tiers.
Hosting Return to the index
The Data is hosted by No Parking SARL, on OVH servers in France.
Obligation of means
The Company No Parking SARL is required to use all necessary means to ensure the functioning of the Service. Its responsibility can not be engaged unless in case of serious misconduct whithin the obligations defined below.
No Parking SARL undertakes to take all reasonable and usual means necessary to ensure the continuity and quality of the Service in order to offer to the Client an access to the Service 24/24, 7/7.
No Parking SARL reserves however the right to suspend temporarily and occasionally the access to the Service, including any maintenance work, to achieve improvements to the Service and in general to ensure proper operation (backup system, etc.).
No Parking SARL is not responsible for cuts and interruptions of access to the Service that are not due to his own act et which would be related with technical operators with whom it collaborates or electronic problems or hardware (Example : fraudulent intrusion, network malfunction, malfunction related to third-party software provider service, API change of third party software service, etc.)
No Parking SARL promises to make regular internal audits to ensure that the Service is accessible in normal use.
No Parking SARL does not guarantee the compatibility with all existing file formats or with any data accessed remotely via a third party software service.
Privacy and security
No Parking SARL is committed to implement reasonable and customary means necessary to ensure the confidentiality of information that is used by the Client and the confidentiality of the results obtained, and in particular to ensure the security of the Service against outside intrusion. No Parking SARL prohibits to itself the use or transmission of the data analyzed by the Service. Further, the service encrypts data transfers using the SSL protocol.
In cases where the use of the Service is prevented for a period greater than 2 consecutive days or intermittently to 4 consecutive days during a period of 30 days, the Customer will receive, at its request within 7 days of the incident, a 10% discount on their next monthly bill, to the express exclusion of any penalty or compensation.
Litigation Return to the index
The parties being bound by this contract assign exclusive jurisdiction to the courts of Lille to hear all disputes arising from this contract.
In case of violation of this section by the Client, this Agreement shall be automatically terminated, without notice or judicial formality. In addition, the Customer shall pay as penalty to No Parking SARL a lump sum of 500 euros, without prejudice to the damages he might have made to No Parking SARL.