These General Terms of Services (hereinafter referred to as the "GTS") are intended solely for any company wishing to design professional training courses for its employees.
Hereafter referred to as the "Clients".
In order to register on this website, all Customers must expressly accept the GTS. It is therefore imperative that all Customers are aware of the GTS in that they define the rules of use of the Site.
When the Customer initiates his registration with EDTAKE on the Site and he checks the box "I accept the Terms of Service", he acknowledges having previously read the GTS and accept them without restriction.
The mentions legally required from web site editors are accessible on the page « Legal mentions ».
The GTS constitute a contract that binds :
The Client, as designated on the registration form,
For one thing,
AND
EDTAKE, société par actions simplifiée, au capital de 1.056,00 euros, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro B 853 962 777, dont le siège social est 11 boulevard Suchet, 75016 Paris.Hereinafter referred to as "EDTAKE",
One the other hand,
In the GTS, words or expressions beginning with a capital letter have the following meaning :
With regard to the Clients, the Site's vocation is to accompany them in their project of designing professional training courses for their employees.
To this end, it enables Customers to propose to EDTAKE offers of assignments, and if necessary to be offered by EDTAKE one or more profiles of edtakers who have been pre-selected by EDTAKE for the purpose of approving them.
With regard to the edtakers, the Site is therefore intended to enable them to highlight their professional skills and previous achievements as well as to participate in these various Missions.
Consequently, the GTS govern access, registration and use of the Site as well as the terms and conditions of use of the Services, in particular (i) the creation of an account for the Customers in order to, among other things, be able to present their Mission Offer(s), to access the Profiles of edtakers and (ii) to follow the progress of their Mission(s).
It is specified that, in the relations between EDTAKE and the Customer, the GTS (supplemented by the Customer's registration documents) govern all their contractual relations and apply to the express exclusion of any other agreement.
EDTAKE advises the Customer to save or print out the GTS without changing them.
EDTAKE reserves the right to amend the GTS at any time by publishing a new version of the GTS on the Website.
In this case, any Mission in progress shall remain subject to the previous GTS. The modified GTS will be submitted to the Customer at the time of publication of any Job Offer subsequent to the modification, for explicit acceptance on its part. In the event of acceptance, any new Assignment Offer published by the Client and, more generally, the contractual relationship between the parties will be subject to these modified GTS. In the event of rejection of the new Terms and Conditions, the contractual relationship between the parties will then be terminated on the date of rejection by the Client of the new Terms and Conditions and the Client will no longer be able to publish a new Assignment Offer or access its Account, except for the duration of any Assignment in progress.
EDTAKE reserves the right to improve, at any time, certain functionalities of the Site or to add new ones which will automatically be subject to these GTS or to their modified version.
These GTS are concluded for a fixed term of one (1) year from the payment by the Customer of the price of the subscription to which he will have subscribed.
They shall then be tacitly renewed for one or more successive periods of one (1) year, unless terminated by either party at least three (3) months before the expiry date of the term, by registered letter with acknowledgement of receipt.
Prior to the expiry date of the subscription, the Customer must ensure that it does not send EDTAKE an Offer of Assignment, the term of which could exceed this expiry date. Failing this, the Customer will no longer be able to access his Account and, therefore, the deliverables that could be delivered to him. The Customer must take out a new subscription for this purpose.
The duration of the Missions is stipulated in the Mission Offer.
The Services are reserved for customers only.
The Services are mainly the following:
Any Customer wishing to benefit from the Service must first register on the Site.
Only legal entities, acting for their professional needs, may register on the Site as a Client.
Once the creation of his Account has been validated by EDTAKE and the payment of the price corresponding to the subscription to which he has subscribed, the Customer may publish any Mission Offer.
It is not possible to modify and/or complete an Assignment Offer once the Assignment has begun.
It is strictly forbidden for a Customer to register on the Site under several identities or under a false identity.
EDTAKE reserves the right to delete access to the Account of a Customer whose Identifier and/or activity would be contrary to morality or would be illicit and, consequently, access to the resulting Services, without notice or compensation in favor of the Customer, or prejudice to the rights of EDTAKE.
The registration process cannot be completed if one of the mandatory fields is not filled in or if the box "I accept the general terms and conditions of services" is not ticked.
EDTAKE reserves the right to ask any Customer to justify the information provided during the registration process. This information must be complete and accurate on the date of the Customer's registration on the Site.
In the event of modification of this information, the Customer undertakes to correct it, without delay, within his Account.
EDTAKE cannot verify the identity of customers nor the truthfulness of the information provided by them.
Consequently, the Customer acknowledges that any false information or information that has become false, communicated by the Customer, is likely to engage its responsibility towards EDTAKE and/or the Customers.
The Customer chooses his Identifier and password. It is up to him to regularly change his password from the Account. It is strongly recommended not to choose a password that is a common word, but to alternate numbers and letters, lower and upper case.
The Customer is solely responsible for his Identifier and password and for the use he makes of them. He expressly undertakes to keep his password confidential and not to communicate it under any circumstances to anyone. Consequently, the Customer expressly acknowledges that the entry of any Identifier and password is proof of his or her identity and demonstrates his or her consent to all operations that will be carried out on the Site following his or her identification
The Customer must ensure that his e-mail address is kept valid during the period of his registration on the Site at the risk of no longer being able to access it, particularly in the event of loss of his password.
A Customer's Account is strictly personal and may not be transmitted, by any means whatsoever, to a third party, even free of charge.
EDTAKE shall not be held liable for any prejudice that Customers may suffer as a result of the use of their User ID and password by a third party. In the event of loss, misappropriation or fraudulent use of all or part of the Customer's User ID and password, the Customer shall immediately notify EDTAKE. The Customer shall remain liable for any use made of his User ID and password before having informed EDTAKE of the misappropriation or fraudulent use of all or part of his User ID and password, and before EDTAKE has been able to modify them within a reasonable period of time. In the event that a Customer disseminates or uses his Identifier in a manner contrary to its purpose, EDTAKE reserves the right to terminate the contract and remove access to the Account and the Content, without notice or compensation. EDTAKE may also take legal action in order to obtain compensation for any possible prejudice it may suffer as a result of such distribution or use; the Customer may not claim the return of any sum paid to EDTAKE...
These stipulations are expressly considered to be substantial between the parties.
Customers expressly accept that EDTAKE's automatic registration systems shall be considered as proof:
The performance of a Mission is entrusted by the Customer to EDTAKE alone.
When an Assignment Offer is published by the Customer, EDTAKE receives the information automatically via the Site.
The Assignment Offer is expressly considered between the parties as accepted by EDTAKE at the time when either EDTAKE has notified its acceptance of the Assignment Offer without reservation, or the Customer has approved the Profile(s) of edtakers that have been the subject of a Preselection in case of use of edtakers by EDTAKE.
Consequently and where applicable, the edtakers thus approved will act as subcontractors in the execution of the Mission entrusted by the Customer to EDTAKE.
Prior to the publication of an Assignment Offer, the Client may carry out a simulation of the price of the Assignment by area of expertise, it being specified that this estimate is provided for information purposes only and is automated by the Site on the basis of an average daily rate, an estimate of the workload and the number of iterations. The Client is free to use or not this estimate in the determination of its budget.
For the publication of an Assignment Offer, the Client must provide the following information:
In the event that EDTAKE responds to an Assignment Offer and in the event EDTAKE uses one or more edtakers to carry out an Assignment, it undertakes to pre-select one or more edtakers on the basis of the Profiles that appear to it to be the best and most appropriate according to each Assignment Offer that it will have received from a Customer.
Assignment Offers are available only to edtakers pre-selected by EDTAKE and approved by the Customer.
The Assignment Offer is presented by EDTAKE to these edtakers through their Account. The edtakers can view all pending Assignment Offers on the dedicated page of their Account.
The pre-selected edtaker benefits from a period of forty-eight (48) hours from the publication of the Assignment Offer on its Account to express its willingness to carry out the Assignment.
As soon as an edtaker of the Preselection accepts to carry out an Assignment Offer, it is automatically cancelled for any other edtakers who have been the subject of the Preselection.
The Customer expressly accepts that EDTAKE may call upon any subcontractor of its choice from among all the edtakers for the performance of all or part of a Mission.
Where applicable, the edtakers subject to pre-selection must be validated by the Customer; this validation shall constitute approval within the meaning of Article 3 of Law 75-1334 relating to subcontracting.
Where applicable and pursuant to Article 14 of Law 75-1334 relating to subcontracting, the Customer hereby accepts that EDTAKE may delegate it to the subcontractor under the terms of Articles 1336 et seq. of the French Civil Code, up to the amount of the services performed by the subcontractor, and to be bound towards the subcontractor.
It is EDTAKE's responsibility to coordinate the subcontractors it chooses and, if necessary, to make up for their shortcomings by any means.
In any event, EDTAKE shall remain liable to the Customer for the execution of the subcontracted services.
The Customer's registration on the Site in order to benefit from the Services is invoiced according to the subscription he has taken out among the "Starter" and "Premium" offers.
Payment of the subscription can be made by credit card, bank transfer to the address provided by EDTAKE or by direct debit. Payment by credit card allows immediate access to the Site
The price of an Assignment is stipulated in the Assignment Offer.
Dans l’hypothèse où l’Offre de Mission débouche sur la réalisation d’une Mission, EDTAKE adressera une facture d’acompte correspondant à 30% du prix de la Mission qui est à régler à la commande. De même, des jalons de facturation peuvent être mis en place selon la durée de la mission et seront à régler sous quinze (15) jours à compter de la date d’émission. Tout retard de paiement pourra engendrer un retard au moins équivalent sur la durée de la mission.
EDTAKE adressera une facture de solde à la fin de la Mission qui est à régler sous trente (30) jours à compter de la date d’émission.
Payment is to be made by bank transfer to the coordinates communicated by EDTAKE.
A Content is recorded on the Site by a Client for the sole and unique purpose of presenting its Mission Offer. This Content will only be accessible to all or part of the edtakers.
For technical reasons, only certain types of files are processed on the Site. In addition, the weight of these files is limited.
Finally, no Content, which may present a threat to the Site's computer security, may be registered by the Customer in his Account.
In all cases and at any time, the Client may delete his Content from his Account, except for Missions still in progress.
Content remains in the Client's Account as long as the Client has not deleted it, or as long as the Client remains registered on the Site.
The Contents are organized in two categories:
As a result and as far as this second category of Content is concerned, the Customer is solely and uniquely responsible for it.
EDTAKE therefore only provides a technical hosting service for these Contents. As the management of Customer Content on the Site is entirely automated, EDTAKE does not verify the consistency nor, therefore, their legality when registering in a Customer's Account, which is in principle immediate, subject to processing times linked to the Internet.
EDTAKE is the publisher of the only content that it publishes on its own initiative on its Site.
The Contents registered by Customers on the Website are not subject to any control, neither a priori nor a posteriori, by EDTAKE. Pursuant to Law No. 2004-575 of 21 June 2004 "for confidence in the digital economy", EDTAKE is therefore expressly deemed between the parties to be the host and not the publisher of the Contents thus registered on the Website.
In this respect and in accordance with the aforementioned law n°2004-575 of 21 June 2004, which notably determines the responsibilities of Internet content hosts, EDTAKE is obliged, in its capacity as host, to act promptly to remove the illicit data it hosts or to make access impossible, as soon as it becomes aware of it.
It is recalled that EDTAKE does not have, under this law, the general obligation to monitor the information and content accessible on the Site, nor the general obligation to search for facts or circumstances revealing illicit activities.
In all cases and by way of example, without this list being exhaustive, edtakers and Customers undertake not to register Content or send messages that :
The edtakers and Customers expressly accept that EDTAKE may delete from their Account any Content that is contrary to morality or does not comply with the regulations in force regarding online content, without notice or compensation to the edtaker or Customer concerned, nor prejudice to the rights of EDTAKE.
Any edtaker and any Customer guarantees EDTAKE from any civil condemnation that could be pronounced against him because of the registration on his Account of Content contrary to morality or not in accordance with the regulations in force regarding online content.
EDTAKE cannot be held responsible for Content registered and/or transmitted by an edtaker/Customer, at his initiative and under his exclusive responsibility, which may infringe the rights of third parties.
The edtakers and Customers agree with EDTAKE to hold all intellectual property rights or have the authorization of the holders of rights on the Contents they register on their Account and/or transmit to EDTAKE and guarantee EDTAKE from the consequences of the registration of these Contents on the Site and their transmission.
In addition, it is strictly forbidden for edtakers and Customers to introduce, by any means whatsoever, data likely to modify or harm the content or presentation of the Site, in particular viruses, Trojan horses, spyware, malicious software, etc.
During the term of execution of the contract, the Customer may at any time take a copy of the files constituting the Content present on his Account.
EDTAKE undertakes to back up the Customer's Content once a day, including the deliverables sent to it as part of Missions.
In the event that, for reasons of confidentiality, the Customer has subscribed to the "Hosting Connector" option or to the "Premium+" subscription, the Customer may store its own documents solely on its IT infrastructure. The Customer acknowledges that he is therefore solely responsible for backing up his Content.
In particular, EDTAKE does not enter into any obligation to supply its Contents to the Customer at the end of the contract, for whatever reason.
At the end of the contract, whatever the reason, and subject to the data processing time, EDTAKE will delete all the Customer's Contents from its online databases, including all the Contents, and will only keep one copy offline for the legal deadlines in force.
At the end of the contract, each party agrees not to employ, directly or indirectly, a collaborator or employee of the other party. In this respect, the Customer shall refrain from contacting the edtakers directly, for the entire duration of the contract and for twelve months following its termination, whatever the cause and origin thereof. Failure to comply with this provision will result in the payment of compensation at least equal to double the annual remuneration of the said employee/edtaker.
15.01 PROTECTION OF PERSONAL DATA
1. EDTAKE attaches great importance to the protection of personal data and wishes to assure edtakers/Customers that their privacy is protected. The purpose of the present article is to inform edtakers/Customers of the processing of personal data concerning them, i.e. data that can be used to identify them, directly or indirectly, and of their rights with regard to such processing.
2. The edtaker/Customer is informed that registration and use of the Services give rise, for EDTAKE, to the collection and automated processing of personal data concerning him/her, the use of which is subject to the provisions of the following regulations:
Law no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended,
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "RGPD").
3. The personal data thus collected and processed are, in particular, the following:
information provided at the time of registration,
Content saved via the Account,
technical data such as the URL used by the edtaker/Customer or his/her IP address,
statistical data on use of the Site and Services.
Mandatory answers, without which the edtaker/Customer will not be able to access the Service, are indicated as such on the Site forms. This data is necessary for the proper execution of the Service, and in particular to be able to access it, publish Content, receive alerts and contact Customers.
The information thus collected is processed by computer for the purpose of enabling Customers to make optimum use of the Site and Services with a view to distributing their Assignment Offers, to enable them to request one or more edtakers, and to enable them to monitor the completion of Assignments.
This data is kept for the entire duration of the GCS, plus the period of prescription in commercial matters. The edtaker/Customer has a right of access, rectification, deletion, opposition, limitation of processing, a right not to be the subject of an automated individual decision (including profiling) as well as a right of opposition under the conditions laid down by the regulations.
These rights may be exercised by sending an e-mail from the address registered on the Site, to rgpd@edtake.com. All requests must indicate the User's name and Identifier.
4. In addition, EDTAKE offers all edtakers and Customers the possibility of receiving newsletters by e-mail, to which they can subscribe by entering their e-mail address. If an edtaker or Customer no longer wishes to receive such messages, they may object at any time by clicking on the appropriate link in each newsletter. E-mail addresses collected in this way are processed for the purpose of sending the EDTAKE newsletter. edtaker or Customer subscribers to the newsletter have the right to access and rectify data concerning them, which they can exercise directly on their Account. The use of this data is exclusively reserved for EDTAKE.
5. The privacy and protection of the personal information that the edtaker transmits to EDTAKE are essential, and EDTAKE endeavors to secure them by implementing all the means at its disposal to preserve the security of the data and, in particular, to prevent them from being deformed, damaged or accessed by unauthorized third parties. Exchanges between edtakers/Customers and the Site are carried out using the SSL secure communication protocol.
6. In order to better meet edtaker/Customer expectations, EDTAKE may share certain information with its service providers, qualified as "subcontractors" within the meaning of the aforementioned law (e.g. for the supply of IT hosting infrastructures). In all other cases, personal data may not be disclosed to a third party without the prior consent of the edtaker/Customer. By registering on the Site, the edtaker accepts that this data may be transmitted to Customers. EDTAKE specifies that it has no intention of selling or marketing edtaker/Customer personal data. EDTAKE will keep the edtaker's/Customer's personal data confidential, with the exception of the information contained in the Profile.
7. No Assignment may result in any processing of personal data by EDTAKE and/or an edtaker/Customer, without the conclusion of an amendment to these GCS.
15.02 USE OF COOKIES
EDTAKE uses "cookies" to optimize the use of the Site and, in particular, the following categories of cookies:o Cookies necessary for the operation of the Site: essential for browsing, these cookies enable Internet users (including the edtaker/Customer) to use the main functionalities of the Site such as consulting the Site, managing the Account or maintaining their identification throughout their browsing. This category of cookies does not require the consent of the edtaker/Customer or any other Internet user.
Personalization cookies: these enable browsing preferences to be saved based on previous visits.
Advertising cookies: these cookies enable the user's browser to request advertising content from EDTAKE's partners and to transmit data to them for this purpose, which may include personal data.
Audience measurement cookies: these cookies enable us to improve the Site by collecting and analyzing information on the behavior of Internet users.
These last three categories of cookies require the consent of Internet users, which can be given by clicking on "configure" and then "accept".
Internet users can also click on the "Privacy & Cookies Policy" link on any page of this website at any time, and choose to accept or refuse the various cookies used on the site (except those essential to its operation).
In addition, the edtaker/Customer is informed that once logged into his/her Account, these last three categories of cookies are not used by EDTAKE, so that no information is collected.
In accordance with current regulations, the consent collected by EDTAKE from Internet users for the use of cookies is valid for thirteen (13) months from the date of deposit of the cookie. At the end of this period, EDTAKE will need to obtain the consent of Internet users once again.
For any information, complaint, question or advice, the edtaker/Customer can contact the "Supplier Relations" department of EDTAKE at the following address:
The Site is optimized for browsing with the following browsers: Microsoft Edge versions 87.0.x.x and higher; Firefox versions 4 and higher; Safari versions 4 and higher; Chrome versions 14 and higher; Opera versions 9.25 and higher.
The Site is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of EDTAKE.
Furthermore, the operation of the Site may be temporarily degraded or interrupted, in whole or in part and to all or part of the edtakers/Customers, for reasons, in particular, of maintenance, update or technical improvement, without prior notice. EDTAKE cannot therefore be held liable for these service interruptions or operating disturbances.
EDTAKE cannot be held liable for the non-functioning, inability to access or malfunctions of the Site due to unsuitable equipment, malfunctions of the services of the edtakers/customers' access provider, or those of the Internet network. The same shall apply for all other reasons outside EDTAKE.
In addition, the edtakers/customers acknowledge that the characteristics and constraints of the internet network do not allow to guarantee the total security, availability and integrity of data transmissions. Consequently, EDTAKE does not guarantee that the Site will operate without interruption or error.
Finally, as the Internet is accessible to all and, in particular, to ill-intentioned persons, the edtakers/Customers acknowledge that EDTAKE cannot guarantee the absolute secrecy of correspondence exchanged by the means made available to them on the Site.
EDTAKE is the owner of all intellectual property rights and/or exploitation rights, in particular under copyright, database law and trademark law, relating to the Site, its content and all elements constituting it.
The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of EDTAKE or, where applicable, of their respective owners with whom EDTAKE has concluded user agreements.
Under no circumstances may they be reproduced, used or represented without the express written authorisation of EDTAKE, under penalty of prosecution.
EDTAKE grants the edtakers/customers a non-exclusive, personal and non-transferable right to use the Site and the original intellectual works and data contained therein. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained on the Site and (ii) a reproduction right consisting of printing and/or saving these original intellectual works and data consulted. This right of use is intended for strictly private use only.
Any other use of the Site, in particular commercial use, on the part of the edtakers/Customers is prohibited without the express written permission of EDTAKE.
In particular, the edtakers/Customers are prohibited, in a non-exhaustive manner, from reproducing and/or representing for other than private use, downloading, selling, distributing, issuing, translating, adapting, exploiting, distributing, broadcasting and communicating in whole or in part in any form whatsoever, whether commercially or not, any work of the original spirit or data contained on the Site.
Finally, the domain name of the Site "edtake.com" belongs to EDTAKE.
Any hypertext link to the Site, whatever the type of link, must be subject to prior authorisation from EDTAKE, on paper or electronic media.
The Site may include hypertext links to other websites or Internet resources external to the Site.
On the day of their creation, EDTAKE has ensured, as far as possible, that these websites and other Internet resources did not contain any content that contravenes French law.
However, insofar as EDTAKE cannot permanently control these external sites and resources, it cannot ensure that these sites and resources remain permanently compliant with legal requirements.
Consequently, EDTAKE can only be held responsible for the availability of these external sites and resources insofar as the page or internet resource to which a hypertext link has been created contained content that contravenes French laws at the time of its creation.
EDTAKE can therefore bear no responsibility for the content, advertising, products and services available on or from these external sites or resources proposed after the creation of the hypertext link on its Site. By express agreement, it is the responsibility of the edtaker / Customer to provide evidence that the said hyperlink was created prior to the dissemination of such content, advertising, products or services.
Apart from this case, the edtaker / Customer therefore acknowledges that EDTAKE can’t be held liable for any damages or losses, actual or alleged, arising out of or in connection with the use or with the fact of having read the content, advertising, products or services available on these sites or external resources.
If in the context of a search conducted on the Site, the result of the search led an edtaker / client to point to sites, pages or forums whose title and / or content constitute an infringement of French law, particularly given that EDTAKE can’t control the content of these sites and external sources, it should stop its consultation of the site concerned except to incur the penalties provided by applicable law or to respond to legal actions initiated against it.
Finally, if, despite EDTAKE's efforts, one of the hypertext links present on the Site pointed to a site or an Internet resource whose content was or appeared to be non-compliant with the requirements of French law to an edtaker/customer, the latter undertakes to immediately contact the publication director in order to inform him of the address of the pages of the site in question. EDTAKE then undertakes to study the said site and to inform the edtaker / Customer of the action it intends to take, within a reasonable time. The edtaker/Customer undertakes not to take legal action against EDTAKE before receiving a response from EDTAKE within a reasonable period of time. The edtaker/customer also undertakes to take legal action against EDTAKE only if he refuses to remove the link.
In the event of non-performance by one of the parties of one of its substantial obligations, the other party may notify it of the termination of the present contract, fifteen (15) days after a formal notice to remedy it, which has remained without effect, without prejudice to any damages that may be due.
It is expressly agreed that any failure by a party to the "Subcontract" referred to in Article 9 hereof may be considered by the party that is the victim thereof as a breach of a substantial obligation under these GTS.
EDTAKE may also, at its own discretion, send a notice to remind the offending edtaker/customer of its obligations.
It is specified that EDTAKE reserves the right to terminate any contract with an edtaker / Customer who has provided false information during registration on the Site or who does not comply with its contractual obligations or laws and regulations in force. In case of urgency and, in particular, in the event that EDTAKE is required to remove all or part of the Content registered on the Site by the edtaker/Customer pursuant to the law and/or the GTS, the termination of the GTS may be effective immediately, without notice or compensation to the edtaker/Customer.
In the event of termination or suspension of access rights to areas of the Site reserved for the presentation of the Identifier of the edtaker / Customer acting on the initiative of EDTAKE, the notification of contractual breaches and possible termination of the GTS is notified to the edtaker / Customer by email to the address provided by the customer.
Access to areas of the Site reserved for the presentation of the Identifier of the edtaker / Customer is then removed by EDTAKE as soon as possible.
EDTAKE is only responsible for the content of the pages it publishes and the Services it offers.
EDTAKE can in no way be held responsible for any damage that may occur on the computer system of an edtaker / customer and / or loss of data resulting from the use of the Site by an edtaker / customer.
EDTAKE can’t be held liable for facts other than those relating to the editing of the Site and messages exchanged within the Services. EDTAKE does not guarantee in any way the availability or performance of the Site. EDTAKE will not be liable for any damage suffered by an edtaker/customer due to a missed gain, loss of opportunity or loss of image. EDTAKE's liability can only be sought for direct and foreseeable damages, exclusively caused by a failure of EDTAKE to meet its obligations.
In the event that EDTAKE is held liable due to a breach by an edtaker/Customer of its obligations under the contract or the laws in force, the edtaker/Customer guarantees EDTAKE against any condemnation pronounced against EDTAKE or amicable compensation. This guarantee covers both any compensation that may be paid, as well as legal fees and court costs that may be borne by EDTAKE.
EDTAKE shall not be held liable for any default, delay or non-performance of its obligations under the GTS, where such default, delay or non-performance is due to force majeure.
Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by French case law: total or partial strikes, internal or external to EDTAKE, lock-out, bad weather, blockage of means of communication for any reason whatsoever, computer or server breakdowns, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other case independent of the will of the parties, preventing the normal execution of the GTS.
In addition, the edtaker/Client declares that it is aware of the complexity of the global networks, the unequal capacities of the various subnetworks, the influx of users at certain times and the various "bottlenecks" at certain locations on the Internet. As the current Internet transmission protocols do not make it possible to ensure with certainty and continuity the proper reception of messages and the integrity of the documents transmitted, EDTAKE cannot be held liable in the event of poor transmission due to a failure or malfunction of these transmission networks.
The fact that one of the parties to the contract does not take advantage of a breach by the other party of any of its contractual obligations shall not be interpreted in the future as a waiver of the obligation in question.
The edtakers/customers accept in advance that EDTAKE can be substituted in the execution of the GTS by any company. EDTAKE will notify the edtaker/Customer by e-mail of the date on which such substitution will take place. On that date the GTS will be deemed terminated between the parties so that each party will be released from its obligations towards the other and new GTS will be deemed concluded between the edtaker/Customer and the entity that substituted EDTAKE.
The GTS version in French is the only legally valid version and the only one able to be produced in court.
The GTS are subject to French law.
ANY DIFFICULTY RELATING TO THE INTERPRETATION OR EXECUTION OF THIS CONTRACT AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, REGARDLESS OF THE PLACE OF EXECUTION OF THE CONTRACT, THE DOMICILE OF THE DEFENDANT OR THE METHOD OF PAYMENT ACCEPTED, EVEN IN THE CASE OF A GUARANTEE CALL, A PLURALITY OF DEFENDANTS OR A REFERENCE PROCEDURE.