Publication date: 28/11/2019
Article 1: General presentationMyEasyFarm, a simplified joint stock company, is a publisher of computer applications for the web and mobile computer terminals dedicated to farm management. The functionalities of the application proposed by MyEasyFarm are aimed exclusively at audiences composed of professionals linked to the agricultural world. All services provided by MyEasyFarm are accessible remotely through electronic communications networks. As such, they are accessible in "Software as Service" (SaaS). These general terms and conditions of sale (hereinafter referred to as the "GTC") define the legal framework of the Services offered by MyEasyFarm. These GTC also apply to the one month trial offer. The T&Cs also define the legal framework of the relationship between MyEasyFarm and the Client. MyEasyFarm and the Client are hereinafter jointly referred to as the "Parties" and individually as a "Party".
Article 2: Acceptance of the GTCBy entering into a contract with MyEasyFarm, the Client accepts without reservation the present GTC. The Client declares and acknowledges, therefore, that he has read the present general terms and conditions of sale. These Terms and Conditions apply to all Services offered by MyEasyFarm and ordered by the Client. Furthermore, the Client is informed that these GTC may be updated at any time. Indeed, MyEasyFarm reserves the right to modify, at any time, the content of the GTC as well as their conditions of access. The latest available version of the GTC shall prevail, if necessary, over any other version of these GTC. The Customer therefore undertakes to keep himself/herself informed of the version of the GTC that is applicable. To this end, the GTC are available at any time at the bottom of each page of the Site and on request by the Customer.
Article 3: Access to ServicesTo access the application https://app.myeasyfarm.comIn order to use the service, the Customer must first take out a subscription in accordance with these T&Cs for a minimum period of one (1) year, apart from the one (1) month trial offer granted by MyEasyFarm. The subscription is made by creating an account, indicating the necessary information. The information entered by the Client is binding upon validation. The Client is informed and accepts that the information entered for the purpose of creating or updating his/her account is proof of his/her identity. The Customer certifies that the information entered when creating the account for the purpose of accessing the Service is deemed to be accurate, true and complete, under penalty of being held liable for the consequences that may arise as a result of these false statements. Following the subscription, the Customer receives an e-mail confirming the creation of his account, including his access codes created by him (login and password). These access codes allow the Client to access his account in order to benefit from the Services offered by MyEasyFarm. In case of security problems concerning the Services offered, including those related to access codes, the Customer must immediately inform MyEasyFarm. Any Customer who encounters any risk to his password must change it immediately after informing MyEasyFarm. Any request for change of login and/or password must be sent exclusively to the following e-mail address firstname.lastname@example.org
Article 4: Use of the ServicesFor the duration of the subscription or order, the Client has access to MyEasyFarm Services. The Client can access his account at any time after having identified himself with his login and password. The use of the Services provided by MyEasyFarm is strictly personal, the Client must take all necessary measures to ensure that no other person can use it on his behalf. The Client is also prohibited from offering and/or marketing to any third party the Services provided by MyEasyFarm. MyEasyFarm reserves the right to suspend or terminate the subscription of the Client at fault. MyEasyFarm undertakes to inform, advise and inform the Customer to the best of its knowledge and ability. In this context, MyEasyFarm offers training workshops to use the Services. This training may be subject to additional billing.
Article 5: Subscription to the Services
5.1 PricesMyEasyFarm offers are visible on the Site https://www.myeasyfarm.comin the "Rates" tab. The Customer undertakes to pay for the subscription or the order in accordance with the conditions defined in these GTC. All prices invoiced to the Customer are those in force on the day of the subscription or order, minus, where applicable, all applicable discounts, rebates and discounts. All prices are expressed in euros excluding VAT and including the applicable French VAT. Prices are subject to change at any time depending on the market and will be updated on the Site as and when changes occur. An invoice is issued by MyEasyFarm after receipt of payment from the Customer.
5.2 Terms of paymentAll the costs associated with access to and use of the Services by the Customer shall be paid in full in a single instalment on the day the subscription or order is taken out. The payment is made online according to the following methods, as desired:
- By credit card via a secure payment system,
5.3 Duration and renewal of subscriptionThe subscription or order is taken out for a period of one (1) year, for which period the Customer agrees to commit himself. The subscription or order is renewable. When renewing a subscription or order, no trial period is offered, except in the case of a promotion or commercial gesture granted by MyEasyFarm. On the anniversary of the subscription, it is automatically renewed for a period of one (1) year. In this respect, the Customer is entitled to terminate the subscription thirty (30) days before the end of the subscription period, in accordance with the conditions set out in article 9 of the GTC.
5.4 Failure to payIn the event of non-payment of the subscription or order, it is automatically suspended by MyEasyFarm on the day of such default. In addition, late payment penalties at the legal interest rate plus ten points will be applied automatically. In case of settlement of the default by the Customer within a period of fifteen (15) calendar days from the date of such default, MyEasyFarm validates the subscription to the Customer for the period of one (1) year. This period begins on the day of validation by MyEasyFarm.
Article 6: Right of withdrawalIn accordance with the laws in force, the Customer, in his capacity as a professional, does not benefit from a right of retraction.
Article 7: Satisfied or reimbursedMyEasyFarm offers the possibility to test the proposed Services free of charge for a period of 30 days. At the end of this trial period, the Services will not be subject to a "satisfied or refunded" policy.
Article 8: LiabilityIn providing its service, MyEasyFarm is bound only by an obligation of means. MyEasyFarm undertakes to implement all necessary means to ensure the best processing of orders and provision of services. However, MyEasyFarm disclaims any responsibility for mismanagement, error or misuse of services. In no event shall MyEasyFarm be liable for any damages of any kind resulting from the use of the Services. MyEasyFarm shall not be held responsible for any delay or failure due to force majeure or an event beyond its control, or due to the Customer. MyEasyFarm can in no way be held liable for any inconvenience or damage inherent in access to and / or use of the Internet and / or electrical network, including disruption of service (s), external intrusion (s) or presence (s) of computer viruses. The same applies to the needs, questions or problems of compatibility, interoperability and/or quality inherent in the use of any physical or technical means enabling access to the Sites or Services.
Article 9: Termination
9.1 Termination by the CustomerAt any time, the Client is entitled to terminate his subscription without additional costs. The Client may terminate his subscription and his account by sending a letter by registered mail with acknowledgement of receipt addressed to the head office of MyEasyFarm, at least thirty (30) days before the end of the subscription period. Following termination, MyEasyFarm authorizes the Customer to request a raw copy of the data relating to its use of the Service. This request may not be made more than six (6) months after termination. The Client will not be able to retrieve all of his data.
9.2 Termination in case of default by one of the PartiesIn the event of non-compliance by one of the Parties with the obligations incumbent upon it hereunder, the sale may be terminated by the injured Party. This resolution shall take place by operation of law fifteen (15) days after the sending of a formal notice by registered letter with acknowledgement of receipt to be executed that has remained without effect. This formal notice must mention the intention to apply this clause and the shortcomings noted.
9.3 Termination in case of force majeureThe Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code. The Party observing the event must immediately inform the other Party in writing of its inability to perform and justify its inability to perform to the latter. The suspension of obligations may in no case be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for delay. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed sixty (60) days. If the impediment is definitive or exceeds this period, the present contract shall be purely and simply terminated after sending a registered letter with acknowledgement of receipt stating the intention to apply this clause.
Article 10: Intellectual PropertyThe general structure, as well as the software, texts, images, sounds, trademarks, know-how and all other elements composing the Websites constitute an intellectual work and are the exclusive property of MyEasyFarm. The distinctive signs of MyEasyFarm, such as domain name, brand, name, logo, are protected by the code of intellectual property and the deposits and registrations made by MyEasyFarm. Any reproduction and / or representation, use or adaptation, modification, distortion, total or partial Sites or distinctive signs, by any means whatsoever, and in any form whatsoever, without the express permission of MyEasyFarm, is prohibited and may be punishable under civil and criminal law, including forgery. The fact that MyEasyFarm does not initiate proceedings upon becoming aware of such unauthorized use does not mean that it accepts such use and waives its right to prosecution. These GTC shall not be construed as implying any transfer of rights to the Customer in respect of such items. MyEasyFarm declares and guarantees :
- That the Sites and their functionalities that it has developed are original and are not the result of any act of counterfeiting.
- That he is the holder of all intellectual property rights that allow him to edit the Sites.
Article 11: Protection of Personal DataThe personal data of Users of the Websites and Services are collected by MyEasyFarm and are recorded in a computerized file. For the purposes of the Service, its use and management, the User authorizes MyEasyFarm to collect his personal data. The person responsible for processing personal data is MyEasyFarm, represented by François Thierart, its legal representative. In accordance with the European regulation n°2016/679, known as the General Regulation for Data Protection (RGPD) and the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal data on the Websites has the following purpose:
- Enable navigation on the Sites, management and traceability of the Services ordered by the User
Article 12: ConfidentialityMyEasyFarm and the Client shall not disclose confidential information to which they may have access in the context of the Service. All information and documents designated as such, transmitted by the other party, regardless of the medium used for such transmission (paper, drawings, computer media, etc.) or the form (written, oral, etc.) of such transmission, shall be considered confidential. Consequently, MyEasyFarm undertakes to limit the communication of confidential information to persons assigned to the execution of the Service. MyEasyFarm undertakes to ensure that its staff, suppliers and any third party involved respect the strictest confidentiality for all operations carried out in the context of the Service. However, information that was known to the public prior to its disclosure without breach of this contract shall not be considered confidential. The provisions of this article shall remain in force for a period of one year from the termination of the Service.
Article 13: Communication of promotional messagesAt the time of registration, as well as during his use of the Sites and the Service, the User has the possibility to accept or not the processing of his Data for the purposes of commercial prospecting, improvement of the Service or satisfaction surveys. To do so, he must modify his personal parameters on his account.
Article 15: HardshipMyEasyFarm may request the renegotiation of the contract with the Customer when events occur that fundamentally alter the balance of the services, either because the cost of fulfilling the obligations has increased or the value of the consideration has decreased, and
- a) that these events occurred or became known to MyEasyFarm after the conclusion of the contract ;
- b) MyEasyFarm could not reasonably have taken such events into account at the time of the conclusion of the contract;
- (c) these events are beyond the control of MyEaysFarm ;