Los sitios web www.hotelspeaker.com y www.idixit.com pertenecen a la empresa :
IDIXIT S.A.R.L. au capital de 250.000 €
128, rue La Boëtie 75008 Paris FRANCE
RCS Paris 508403284
441 513 801 RCS Paris
Toda información personal que facilite o se recoja a través de Hotelspeaker será tratada por Idixit. El titular de los datos personales tiene la facultad de ejercer el derecho de acceso a los mismos en forma gratuita conforme lo establecido en el artículo 78-17 de la Ley francesa de Protección de datos del 6 de enero 1978.
The company’s website www.hotelspeaker.com is owned and operated by Idixit S.A.R.L. capital 250,000 Euros. Head Office: 128, rue La Boëtie 75008 Paris France
1 – DEFINITIONS
Main Email Address: means the Email Address that the Subscriber wishes to use to communicate with Idixit.
Internet Solution Center: means Idixit Partners that perform certain services for Idixit Subscribers
Idixit Email Account: means an email account provided to each Subscriber by Idixit in accordance with the provisions of article 8 below.
Registration Date: means the Client ID and Password acquisition date.
Client ID: means the name of the Client company in Idixit database, with all datas relative to this company : reviews, categorizations, translations, answers.
Deactivation: means when a Client ID content is left intact, but not accesible to the Subscriber.
Password: means the access code that is attached to the Client ID.
Partner: means any third party company whose services are offered by Idixit.
Services: means all of the services offered by Idixit : reviews collection, categorization, responses and translations.
Subscription Plan: means the level of subscription to the main Idixit service, without which a site cannot be activated.
User: means an Internet user who navigates around and uses a site which is hosted on the Idixit platform and does this under his own exclusive responsibility.
The Subscriber represents and warrants that he has the ability to contract and create binding legal obligations and has the necessary authorisations to do so.
3 – PURPOSE OF THE SITE AND DESCRIPTION OF THE SERVICES
The Idixit Website is intended for professionals wanting to monitor and manage their online reputation. To do so, Idixit provides several types of Service, including but not limited to:
– Collection of reviews in several specialized websites;
– Categorization of these reviews;
– Redaction of responses to the reviews;
– Translations of these responses ;
– Access to all other Services offered by Idixit.
Subject to other specific provisions, the Idixit Website can be accessed from any location, given that the minimum technical conditions are met, particularly in terms of Internet access.
The Subscriber agrees to comply with all general standards of behavior and public order relating to Internet users which are applicable in the country from which the Subscriber uses the Idixit Website.
At any time Idixit reserves the right to modify or relocate the content which makes up the Idixit Website and to temporarily or permanently suspend the Idixit Website in part or in its entirety and to do so without prior notification to the Subscriber.
4 – REGISTRATION-SUBSCRIPTION
Having completed the online registration form, the Subscriber will select a Client ID and Password allowing them to access their account. The Subscriber is solely responsible for maintaining the confidentiality of his or her Client ID and Password and accepts the consequences of all actions performed using his or her Client ID and Password.
The Subscriber guarantees the authenticity of the data he or she provides and that this information is exact, complete and up-to-date. The Subscriber is solely responsible for any false or inaccurate statements. If so provided, Idixit reserves the right to suspend or terminate the Subscriber’s account or the data and files therein, refuse access to these sites, pages, files and data or ban the Subscriber from any or all Idixit Services without notice or compensation, and without prejudice to any rights or remedies the Subscriber may have in common law.
5 – PROVISION OF THE SERVICE
Online administration tool to the content is provided to the Subscriber from the time of his or her subscription to the Idixit Website.
The Subscriber’s rights to access Services are strictly exclusive and non-transferable.
For services requiring the exchange of information with the Subscriber, such as legal and accounting informations,
the Subscriber agrees to provide the information necessary to perform the service in a timely manner. The absence or unreasonable delay (beyond 90 days) of said information will be deemed to be the Subscriber’s sole fault will lead to the cancellation of the service and no credit notes or refunds will be issued.
6 – SUBSCRIPTION TERM
6.1 – Services without a specific time commitment
This type of Subscription Contract is for a one (1) month period beginning on the Registration Date. It is automatically renewed for further monthly subscription periods each on the monthly anniversary of the Registration Date.
The Subscriber may decide each month, without commitment, to unsubscribe certain Services that he used in the preceding month. To do this the Subscriber simply needs to unsubscribe these Services by using the administration tool (“back office”) supplied by Idixit.
The Subscriber is free to change the level of his Subscription Plan each month on the condition that this is done before the anniversary of the Registration Date.
6.2 – Services with a fixed term period
In the situation where a Subscriber has entered into a 12 or 24 month contract and wishes to cancel the agreement before the end of the period, the remaining months remain payable. The contract is automatically renewed for 12 month periods thereafter on the anniversary of the Registration Date.
The Subscriber may at any time withdraw from the automatic renewal of the contract by using the administration tool (“back office”) which allows him to unsubscribe at the end of the contract period.
The Subscriber is free to increase the level of the Subscription Plan each month on the condition that this is done at least one working day before the anniversary Registration Date by contacting Idixit and without changing that date.
If the Subscriber already has an existing fixed term subscription and purchases an additional one, the new minimum period replaces the existing one, except in cases where the new subscription has an earlier end date than the existing one.
If the Subscriber decides to cancel the subscription to the service,
his or her Website will be deactivated but left intact for a twelve (12) month period in accordance with article 14.2 below to allow the Subscriber to reconsider his or her decision.
6.3 – Use of the Deactivated Site
If the Subscriber decides at the end of the subscription period no longer to pay for a Subscription Plan, his online administration access is put into a deactivated state for a period of twelve (12) months under the provisions of clause 14.2 which allow him to reconsider his decision.
During the deactivated period the site is not accessible by the Subscriber.
6.4 – Payments in Advance
If the Subscriber purchases several monthly subscriptions in advance in respect of different Services, these subscriptions are non-refundable and the Subscription Contract concludes at the end of the period covering all of the prepaid services.
No sum is owed by Idixit to the Subscriber in the case of early termination of the Subscription Contract. Furthermore no prepaid purchase of Services nor any payments on Deposit have any right to be reimbursed.
7 – FINANCIAL CONDITIONS
7.1 – Rates
The prices and special conditions of the Services offered by Idixit can be found on the site www.hotelspeaker.com. These Services may only be used by business professionals and they are stated net of VAT.
Idixit reserves the right to revise these prices at any time. In this case the Subscriber will be notified via any means (e.g. Idixit Back Office, email, newsletter) at least two (2) months before the commencement of the new prices. If the Subscriber refuses to accept these increases in price, he may, during the four (4) months immediately following the commencement of the new prices, cancel his subscription at the end of any these months, even if this is before the end of the minimum contract period.
7.2 – Billing
The Subscriber is billed monthly on the anniversary date of the activation of his Subscription.
The monthly amount is payable in advance for all the Services and Subscriptions that the Subscriber has signed up for with the exception of Overallowance Charges which are payable at the end of the monthly period. Payment is made directly on the Idixit site using the different payment methods available on the site www.hotelspeaker.com.
7.3 – Payment Issues
In the case of late payment, Idixit reserves the right to charge the Subscriber a penalty calculated at the legal rate which is in effect.
In the case of a rejection of the payment method selected by the Subscriber by the financial institutions concerned, a fee of thirty Euros (€30) will be automatically billed to the Subscriber. Furthermore, Idixit will no longer authorise the payment method giving rise to the rejection and the Subscriber will have to select an alternative payment method for future payments.
Where payment terms are granted, such as payment in installments, the failure to pay a single instalment of the debt makes the entire debt payable. It leads to, without payment of compensation of any kind, the immediate suspension of any Services that are currently being worked upon.
7.4 – Guarantee Deposits, Advances
In cases of problems with payment and / or a deterioration in the solvency of the Subscriber, and / or uncertainty about his ability to meet his commitments, Idixit reserves the right to seek tighter financial conditions, such as a deposit or advance payment for some or all of the Services and / or to request additional guarantees from the Subscriber.
This is particularly the case for all additional Services which are requested where the fees are likely to exceed twice the amount of the Subscription Plan paid in the previous month or twice the amount of the minimum Subscription Plan. In the situation where the Subscriber refuses to implement these provisions, Idixit will be entitled, without payment of compensation of any kind, to immediately cease activity on any Services that are currently in progress and / or any future ones that are scheduled.
As soon as the debt to Idixit has been paid, the Subscriber agrees to pay as compensation and as a penalty clause an amount equivalent to 20% of the total amount outstanding including taxes, plus any additional legal and recovery costs, without prejudice to the continuation, suspension or termination of the contract that is in progress.
8 – SUBSCRIBER OBLIGATIONS
Generally, the Subscriber agrees to use the Idixit Website and Services in compliance with all terms in the Subscription Contract.
The Subscriber also agrees to respect all legal provisions which are in force.
8.1 – Email Accounts Used by the Subscriber
At the time of registration, the Subscriber provides Idixit with the email address he wishes to use within the framework of the Subscription. This email address is the Subscriber’s main email address (the Main Email Address). Idixit communicates with the Subscriber through this address.
If the Subscriber wishes to change the Main Email Address, he must inform Idixit immediately and modify this address accordingly in his personal information pages.
The Subscriber therefore undertakes to regularly read the messages sent by Idixit to this address. All communications sent from Idixit to the Main Email Address of the Subscriber is deemed to have been received and read by the Subscriber.
Idixit uses this mailbox to send two types of email:
– Emails containing technical information. Considering the important nature of these messages for maintaining the Idixit / Subscriber relationship – which is accepted by the Subscriber – it is not possible to unsubscribe from receiving these mails; and
– Emails containing customer service information (software development, new services, etc.). For this type of mail, the Subscriber is free to unsubscribe from the mailing list at any time by using the link provided for this purpose in all of these Emails which are sent to the Subscriber.
8.2 – Use of Services
The Subscriber must ensure that his employees and associates use the Idixit Services in accordance with the instructions provided by Idixit included in its documentation. Idixit cannot be held responsible if the Subscriber or his associates have had an insufficient level of training to be competent in using the Services. The Subscriber will notify Idixit without delay and provide a detailed analysis of any problems encountered in using the Services. The Subscriber remains responsible for all operations performed on his computer, even if these are performed under the guidance of an Idixit technician.
9 – Idixit’S OBLIGATIONS
9.1 – Continuity of Services
In all cases Idixit shall be required to make best endeavours and cannot be held responsible for any delay in performing the Services. In addition to this Idixit’s responsibility cannot be invoked where the Site is used without adherence to the User advice given by the Idixit Technical Support Department, either online or on the telephone, or where the User has followed advice which has not come from Idixit.
Idixit cannot be held responsible for the quality of services provided by our Partners insofar as the Subscriber has freely entered into a contract for these services with a Partner.
In the case of non-availability of the Services due to the acts or inaction of Idixit:
– For a total outage of less than 3% of the monthly period in question, no compensation is due;
– For a total outage between 3% and 6% of the monthly period, the subscription period will be shifted forwards in proportion to the length of the outage;
– For an outage of more than 6% of the monthly period, the Subscriber will be credited with one month’s fees of the Subscription Plan currently in use on his site;
9.2 – Connecting Subscribers with Partners and Idixit Partners
Idixit offers the services of third party Partners and Internet Solution Centres for Subscribers from among its network of qualified professionals.
The Subscriber is free to enter into contracts or not with the interested Partner or Internet Solution Centre.
In any event, if the Subscriber and the Partner or Internet Solution Centre establish a contractual relationship for any reason, Idixit should be considered as a third party in this contractual relationship, and exercises no control over the services of the Partner with whom Idixit holds no employee-employer relationship.
9.3 – Hosting Services
The online tools access for the Subscriber is hosted on Idixit servers.
Idixit reserves the right to interrupt the Services, partially or totally, at any time, without being held liable and without refund to intervene in these circumstances:
– in the event of a computer system, software or other server equipment failure;
– in the case of a massive attack on the system by a third party, such as a denial of service attack or any other existing or future technologies;
– for maintenance and / or enhancement reasons, and in particular for the modification of features or technical infrastructure of Idixit and its Partners.
9.4 – Telephone Support Line
Where a Subscriber is entitled to use the Idixit Telephone Support Line, Idixit will make reasonable endeavours to respond in a timely manner to Subscribers’ questions regarding the use of the Services provided by Idixit, but excluding those supplied by third parties.
The number of phone calls that can be made to the Idixit Telephone Support Line is not limited but the theoretical absence of a limit does not mean that calls cannot become an abuse of the service and be treated as such. In no way can Idixit compensate for a lack of training on behalf of the user if it appears that the user does not have the necessary skills to use the Services.
Only the owner of the Idixit account is entitled to contact the Support Line.
Telephone support is provided by qualified technical personnel. The Support Line hours of operation are Monday to Friday 0900 hrs to 1700 hrs, apart from Bank Holidays. Idixit reserves the right to change the hours of operation of the Support Line and will take the necessary steps to advise Subscribers of these changes.
10 – INTELLECTUAL PROPERTY RIGHTS
10.1 – Idixit’s Intellectual Property Rights
The www.hotelspeaker.com and www.Idixit.com sites and all content sites, blogs, forums, online help and their local versions (.FR, .IT, .ES, .CO.UK, etc.) edited by Idixit are the exclusive property of the Idixit Corporation.
All material protected by intellectual property rights and made available to the Subscriber remain the exclusive property of Idixit.
Idixit Subscribers acknowledge and accept that the websites edited by Idixit and their content – including but not limited to the text, software, music, sounds, photographs, videos, designs or any other material contained in the advertisements and any other information of a commercial nature produced and presented by the sites – are subject to protection by intellectual property rights (trademarks, copyrights, graphics, templates, or patents). Subscribers, Internet Solution Centres and Partners are not authorised to copy, use, reproduce, distribute all or any part of these sites and/or their content or produce creations derived from any or all of the sites and / or their content without the express written agreement of Idixit.
11 – DATA PROTECTION
11.1 – Data Collection
To use the Idixit site and the Services that are offered, Subscribers and Users are asked to provide Idixit with personal information about themselves.
Subscribers and Users are obliged to provide the required data during the registration procedure in the mandatory fields (the “Data”) to access the Idixit Services.
In the required data is not supplied, registration for the Idixit Services cannot be completed.
11.2 – Purpose
Data provided at the time of registration on the Idixit Website and during the use of the Services will be used for the following purposes:
– Accessing Services;
– Sending Idixit newsletters;
– Preparing bills / invoices;
– Generating statistics concerning the use of the Idixit website;
– Receiving personalised offers.
11.3 – Data Treatment
The Data is intended for use by Idixit personnel for site and Service management purposes. Certain data may be accessed anonymously by Internet users and may be transferred to commercial companies for prospecting purposes. Notwithstanding the foregoing, certain information, such as the password, credit card number, or bank account number will never be communicated to these companies in any form.
Under specific circumstances, Idixit may be required to disclose this Data to judicial authorities upon request.
11.4 – Data Retention
Idixit stores Data for a period of time that is strictly necessary to fulfil the aforementioned purposes. Beyond this period, the Data is exclusively stored for statistical purposes and will not be exploited in any way.
Idixit is also obliged to store the data to allow for the identification of users who provide illicit content for the purpose of transmitting this data to competent authorities upon judicial requisition, excluding all third parties, in accordance with the conditions authorised by the law.
11.5 – Data Transfer
Within the normal framework of its activities, Idixit collects and processes information concerning Subscribers and Users. It is possible that some information is hosted by a technical Partner on servers located in France or other parts of the world, the role of said Partners is strictly limited to a technical information storage service. In this context, it is specified that the Partner will not use this Data in any manner.
11.6 – User and Subscriber Rights
Users and Subscribers have the rights of access, correction, deletion, and objection to their personal Data. If Subscribers or Users wish to consult or review the Data provided by Idixit, cancel their subscription to any or all of the Services, to the newsletter or any other service, they can (i) review the Data and/or make the necessary modifications in said Data to their personal information pages, or (ii) make a request, by registered letter with acknowledgement of receipt, to the following address: Idixit – 128, rue La Boëtie 75008 Paris, France.
Similarly, Subscribers and Users may also require that inaccurate, incomplete, ambiguous or out of date personal Data held on them be rectified, completed, clarified, updated or deleted.
Furthermore, Subscribers and Users have the right to object to their personal Data being processed or transferred by making a request, by registered letter with acknowledgement of receipt, at the aforementioned address. As certain Data is necessary to use the Services, Subscribers and Users wishing to object to the processing of their Data will not be able to use the Services.
11.7 – Cookies
Cookies are used to help manage the Idixit site because they allow internet users to recognize IP addresses, make statistical analyses and measure market share, in order to provide the most personalised service as possible.
Subscribers and Users wanting to register on the Idixit website and use the Services cannot object to the insertion of cookies on their computers because enables the personalisation of a range of services and content to be available on the Idixit website.
Cookies are stored in the computer for (1) year.
Using cookies is very common on the Internet network. Nevertheless, it is possible to object to the insertion of cookies by configuring the computer’s browser preferences not to accept cookies. If the Subscriber or User chooses not to accept cookies in their browser, they can nevertheless use Idixit Services in their entirety, after having registered, which is mandatory for the use of all Idixit Services.
11.8 – Security
Idixit commits to maintaining the confidentiality and integrity of any personal Data collected from the Subscriber or User.
12 – Idixit’S WARRANTIES AND LIABILITIES
Idixit will not be held liable in any circumstances for any indirect damage, such as the loss of income, customers, data, any financial or commercial loss, commercial disruption, loss of profit or any intangible damage whatsoever.
In all cases and whatever basis of liability Idixit has, Idixit’s total liability shall not exceed the total amount paid by the Subscriber to Idixit in the twelve (12) months preceding the date of the incident.
Idixit cannot warrant Subscribers that no errors will occur while using the site. Idixit does not warrant that the obtained results, information and services form the site will be free of defect or error.
Moreover, Idixit is dependent on the quality of the Internet environment. Consequently, Idixit does not warrant the reliability of the Services and cannot warrant that it will correct faults observed on the Internet network. Therefore, Idixit will not be held liable for difficulties in the transmission of Content or, more generally, for any disruption of the Internet network affecting the use of the Services. Idixit makes no warrants concerning the transmission conditions, quality and accessibility of Content.
It is expressly agreed between the parties and accepted by the Subscriber that the provisions of this clause shall continue to apply even after termination of the contract following a court decision which becomes final.
These provisions establish an allocation of risk between Idixit and the Subscriber. The price paid for the Services reflects this allocation and the limitation of liability that is set.
13 – CANCELLATION AND DEACTIVATION OF SUBSCRIBER ACCOUNTS
13.1 – Cancellation
13.2 – Deactivation
14 – MISCELLANEOUS
14.1 – Force Majeure
Any event relating to a case of force majeure, such as is normally defined by case law, suspends the rights and obligations of the parties. In the situation where these events persist beyond a two (2)
month time period from the time of incidence, the parties can terminate the Subscription Contract without compensation on either party, by means of a registered letter with acknowledgment of receipt giving notice of the facts in question and the date of the force majeure incident.
14.2 – Partial Invalidity
14.3 – No Partnership
14.4 – Confidentiality
This commitment remains in effect during the deactivation of the Subscriber’s Website.
14.5 – Assignment of Subscription Contract
The Subscriber cannot transfer the Subscription Contract, or any part thereof, to a third-party person in any form, either with or without consideration or let a third-party person profit from the benefits of the Subscription or be replaced by a third-party person for the fulfillment of obligations under the Subscription, without the prior express approval of Idixit.
14.6 – Notification / Complaint
Unless otherwise indicated, any complaints and /or comments from the Subscriber or a User must be addressed to Idixit by registered letter with acknowledgment of receipt at the following address:
Customer Service Department
128, rue La Boëtie
14.7 – Applicable Law and Competent Jurisdiction
In case of dispute, and after an attempt to reach an amicable solution, the court having sole jurisdiction is that of Paris, France.