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Eco Counter GmbH
Worringer Straße 30
Telefon: +49 (0) 221-677 7474 09
Telefax: +49 (0) 221-677 8567 51
Eingetragen im Handelsregister.
Registergericht: Amtsgericht Köln
Registernummer: HRB 86444
Umsatzsteuer-Identifikationsnummer nach §27a Umsatzsteuergesetz:
§ 1 Warnhinweis zu Inhalten
Die kostenlosen und frei zugänglichen Inhalte dieser Webseite wurden mit größtmöglicher Sorgfalt erstellt. Der Anbieter dieser Webseite übernimmt jedoch keine Gewähr für die Richtigkeit und Aktualität der bereitgestellten kostenlosen und frei zugänglichen journalistischen Ratgeber und Nachrichten. Namentlich gekennzeichnete Beiträge geben die Meinung des jeweiligen Autors und nicht immer die Meinung des Anbieters wieder. Allein durch den Aufruf der kostenlosen und frei zugänglichen Inhalte kommt keinerlei Vertragsverhältnis zwischen dem Nutzer und dem Anbieter zustande, insoweit fehlt es am Rechtsbindungswillen des Anbieters.
§ 2 Externe Links
Diese Website enthält Verknüpfungen zu Websites Dritter („externe Links“). Diese Websites unterliegen der Haftung der jeweiligen Betreiber. Der Anbieter hat bei der erstmaligen Verknüpfung der externen Links die fremden Inhalte daraufhin überprüft, ob etwaige Rechtsverstöße bestehen. Zu dem Zeitpunkt waren keine Rechtsverstöße ersichtlich. Der Anbieter hat keinerlei Einfluss auf die aktuelle und zukünftige Gestaltung und auf die Inhalte der verknüpften Seiten. Das Setzen von externen Links bedeutet nicht, dass sich der Anbieter die hinter dem Verweis oder Link liegenden Inhalte zu Eigen macht. Eine ständige Kontrolle der externen Links ist für den Anbieter ohne konkrete Hinweise auf Rechtsverstöße nicht zumutbar. Bei Kenntnis von Rechtsverstößen werden jedoch derartige externe Links unverzüglich gelöscht.
§ 3 Urheber- und Leistungsschutzrechte
Die auf dieser Website veröffentlichten Inhalte unterliegen dem deutschen Urheber- und Leistungsschutzrecht. Jede vom deutschen Urheber- und Leistungsschutzrecht nicht zugelassene Verwertung bedarf der vorherigen schriftlichen Zustimmung des Anbieters oder jeweiligen Rechteinhabers. Dies gilt insbesondere für Vervielfältigung, Bearbeitung, Übersetzung, Einspeicherung, Verarbeitung bzw. Wiedergabe von Inhalten in Datenbanken oder anderen elektronischen Medien und Systemen. Inhalte und Rechte Dritter sind dabei als solche gekennzeichnet. Die unerlaubte Vervielfältigung oder Weitergabe einzelner Inhalte oder kompletter Seiten ist nicht gestattet und strafbar. Lediglich die Herstellung von Kopien und Downloads für den persönlichen, privaten und nicht kommerziellen Gebrauch ist erlaubt.
Die Darstellung dieser Website in fremden Frames ist nur mit schriftlicher Erlaubnis zulässig.
§ 4 Besondere Nutzungsbedingungen
Soweit besondere Bedingungen für einzelne Nutzungen dieser Website von den vorgenannten Paragraphen abweichen, wird an entsprechender Stelle ausdrücklich darauf hingewiesen. In diesem Falle gelten im jeweiligen Einzelfall die besonderen Nutzungsbedingungen.
General Licence Conditions
This document sets out the general licence conditions (the “Contract” or the “Licence”) for the ECO-COUNTER services (the “Services”) related to the ECO-COUNTER counting products (the “Products”) specified in the appendices to this document and applicable to all ECO-COUNTER’s professional clients (each, a “Client”).
With this Contract, ECO-COUNTER grants the Client a non-exclusive, non-assignable right of use to the Services.
This Contract applies to:
The Contract signed by the Parties consists of this document and Appendices 1 and 2 hereof, describing the features of the Services chosen among those offered by ECO-COUNTER, as well as the applicable financial conditions for the term of the Contract defined between ECO-COUNTER and the Client.
The Client’s acceptance of ECO-COUNTER’s offer carries with it, by operation of law, the Client’s complete and unconditional acceptance of the Contract and the Client’s express waiver, if applicable, of any provision contrary to its term of purchase, however framed. In the event of the Client’s non-compliance with the Contract, ECO-COUNTER reserves the right to proceed with the termination of the Contract, the cancellation of the sale or its forced performance.
The Parties declare and acknowledge that (i) they are and shall remain, throughout the term of the Contract, independent commercial and professional partners, each assuming the risks of its own activity, each conserving the management of its business; and (ii) that the Contract cannot be deemed to have created between them any subsidiary or joint venture or any relationship of subordination or employment.
The Parties undertake to always treat one another as loyal partners in good faith and, in particular, to inform each other of any difficulty they may encounter in the performance of this Contract.
Orders only bind ECO-COUNTER once ECO-COUNTER has accepted an order and confirmed this acceptance to the Client by issuing a confirmation of receipt.
The prices for the Services are given in Euros, and before any applicable taxes.
Unless otherwise stated in the quote or any other document presenting an offer from ECO-COUNTER, the prices shall remain unchanged for a period of three (3) months from the time of communication to the Client.
The price of the Services may be reviewed every year on the anniversary date of the Contract’s signature.
The Services will be invoiced annually.
Unless stipulated otherwise in the quote, invoices must be paid by bank transfer within 30 days of the invoice date. Compliance with this deadline requires the Client to take into consideration the timing of fund disbursement related to this mode of payment. All transfer fees shall be borne by the Client. Any payment that arrives after the settlement date on the invoice, as per the terms of the Contract, will lead to the incurring of late payment penalties, without formal notice, calculated on the basis of 3 times the legal interest rate from the day following the settlement date until the effective payment date, as well as a lump-sum fine for the collection fees of 40 euros per late invoice, in accordance with article L 441-6 of the Code de Commerce. If the collection fees are higher, an additional fine may be charged by ECO-COUNTER on presentation of supporting documents.
ECO-COUNTER may also, in the event of payment incidents or the Client’s failure to pay, terminate the Contract under the terms of Section 7.2 below. ECO-COUNTER may also, at its discretion, consider the Services to be suspended or cancelled until the Client settles its debt in full.
Under no circumstances shall payments be suspended or subject to compensation of any kind without the prior written consent of ECO-COUNTER.
Any invoice that is not contested within a maximum period of three (3) months after issuance is considered to be definitively accepted and may not lead to any requests for reimbursement or compensation.
The Parties cannot be held responsible for a delay or breach of a contractual obligation resulting from circumstances beyond their control, such as an act of nature or an unpredictable or unavoidable event that prevents the Parties from fulfilling all or part of their obligations, namely, any force majeure event as established in the jurisprudence of the Cour de Cassation.
Force majeure events include but are not limited to:
In such a situation, the Party prevented from fulfilling its obligations shall notify the other Party of the delay or breach in question. If the continuation of the force majeure event exceeds one (1) month, either Party may terminate the Contract without any indemnity whatsoever.
By express agreement, this Section shall have no effect on the Client’s obligation of payment, including all expenses incurred by ECO-COUNTER prior to termination.
It is expressly agreed that ECO-COUNTER shall execute all of its obligations under the Contract on the basis of an obligation of means.
ECO-COUNTER cannot be held responsible for events outside its control that occur during its performance of the Services, including whether such an event affects the Services and/or the Data used in the provision of the Services (the impact of which may cause the Data to become less accurate).
This applies, in particular but not exclusively, in cases of:
ECO-COUNTER will not be responsible for decisions made by the Client based on the information, documents and study reports drawn up by the Client on the basis of ECO-COUNTER’s Services, as the information, documents, study reports and information are for reference purposes only and have no contractual value.
By express agreement, under no circumstances shall ECO-COUNTER be held responsible for indirect damages. Indirect damages that do not give rise to compensation include: any moral or commercial damages, interruption of activity, loss of profits, loss of revenues, loss of earnings, loss of sales, loss of data, loss of clients or orders or costs related to obtaining replacement goods or services, regardless of the basis of liability or the legal principle under which damages are claimed, and whether or not ECO-COUNTER was informed of the possibility or occurrence of such damages. ECO-COUNTER expressly rejects any liability arising from any third-party suit, claim or recourse against the Client. The Client shall protect and hold harmless ECO-COUNTER against any third-party suit, claim or recourse.
In any event, other than in cases of death or bodily harm caused by one of the Parties or gross negligence, ECO-COUNTER’s total responsibility, for any cause whatsoever, arising under this Contract cannot exceed thirty per cent (30%) of the sums paid or payable by the Client to ECO-COUNTER.
The Parties agree that this Section provides for a reasonable allocation of risk and constitutes a critical clause in this Contract, in the absence of which this Contract would not have been concluded.
The Services of ECO-COUNTER are not assigned to the Client and remain the exclusive property of ECO-COUNTER, which the Client acknowledges and accepts. The same applies to any distinctive sign (brand, logo, etc.) that appears in relation to ECO-COUNTER’s Services.
ECO-COUNTER grants to the Client in connection with its Services’ software components, in consideration of the prices paid by the Client, a non-exclusive personal right of use, valid for the term of use of the corresponding Services, strictly limited for the purposes and needs of that use alone and non-assignable, other than to a future assignee of said Services. The Client is only authorized to use the executable version of the Services, to use them for the purposes for which they are intended and to reproduce the documentation that will be provided by ECO-COUNTER. The Client shall not have any right of access to the Services’ source code.
Consequently, the Client shall not reproduce the Services, permanently or temporarily, in whole or in part, by any means and in any form, use or operate them for any purpose other than the intended purpose, give them to a third party in any capacity, proceed with any decompilation or disassembly, carry out any reverse engineering, translate, adapt, arrange or modify the Services, export the Services; merge them with other services, or correct any errors, without prejudice to the provisions of article L122-6-1 of the Code de la propriété Intellectuelle.
ECO-COUNTER collects Data to carry out the Services. This Data concerns the number of people in a specific location, counted using the Products.
The Data collected by ECO-COUNTER’s Services belong wholly to the Client. The Client can obtain the Data in a format that allows for its reuse. ECO-COUNTER formally agrees not to sell the Data to any third party.
Unless otherwise stipulated by the Client, if the Client has a Product in the Eco Display line, the Data shall be displayed on the ECO-COUNTER webpage that can be viewed at this address: https://www.eco-public.com/ParcPublic/?id=4586. This Eco-Display Data allow ECO-COUNTER to promote its Products and Services.
The Client expressly agrees that ECO-COUNTER may use the Data:
Furthermore, and solely with the prior consent of the Client, ECO-COUNTER may share the Data with any third-party organization or entity that wishes to use the Data for its own purposes. The Client will be informed of the purposes for which and the conditions under which the Data will be used.
The Contract is concluded for an initial term of one (1) year or three (3) years, and automatically renewable for one (1) year periods, up to a maximum of five (5) years or for an initial term of five (5) years, subject to the Client’s acceptance of ECO-COUNTER’s offer of same.
The initial term of the Contract may exceed three (3) years. In this case, the initial term will be as stated in ECO-COUNTER’s offer to the Client.
ECO-COUNTER reserves the right to suspend, immediately and without notice, on simple notification by registered letter with acknowledgement of receipt addressed to the Client, the performance of the Contract, including access to the Services purchased by the Client, in the following situations:
The suspension of the Contract shall result in the immediate payment of all sums owing to ECO-COUNTER by the Client, which shall remain responsible for fulfilling all of its obligations under the Contract.
A lump sum reactivation fee of 100 euros, plus taxes, will be charged to re-launch the purchased Services after suspension. If Data reconstruction is required after a period of suspension, it will be subject to a Data reconstruction order at the rate in effect at the time of reconstruction, which rate will be communicated in advance to the Client.
The Contract may be terminated at any time by either Party in the event of a breach of a contractual obligation by the other Party, subject to a thirty (30) day cure period. The effective date of termination will occur one (1) month after a formal notice to remedy the breach, sent by registered mail with acknowledgement of receipt by the non-defaulting Party to the defaulting Party, has been ignored.
Specifically, the Contract may be terminated by operation of law by ECO-COUNTER according to the above procedure, without the Client being able to claim any compensation, in the following cases:
ECO-COUNTER undertakes to provide to the Client, within two (2) months of the effective date of termination, all Data, in a reusable format.
The terms and conditions for the protection of personal data are set out in Appendix 1, “Protection of Personal Data,” which forms an integral part of the Contract.
In the event of a change in circumstances that was unforeseen at the time of execution of the Contract, including when the prices for the provision of the Services were established, in accordance with article 1195 of the Code civil, the Party experiencing an obvious imbalance or inequality in the carrying out of the Contract may ask the other Party, by registered mail with acknowledgement of receipt, for a renegotiation of the terms of the Contract.
Unless an agreement is reached within three (3) months of receipt of the registered letter, the Contact may be terminated without penalty, damages or interest.
The Contract and the rights granted hereunder cannot be transferred or assigned without the prior written agreement of ECO-COUNTER. Any attempt at transfer or assignment in violation hereof shall be null and void.
Any clause of the Contract that is deemed inapplicable, invalid or illegal may be amended by the Parties to make it enforceable, valid or legal, while keeping the terms of such clause substantially similar.
ECO-COUNTER reserves the right to revise the Contract. The acceptance by either Party of the non-performance of any provision of this Contract shall in no way be interpreted as a waiver of that provision, nor as a waiver to invoke the breach of such provision, at any moment, in order to achieve any outcome.
These terms and conditions are subject to French law.
To jointly resolve any dispute that may arise in the performance of the Contract, the Parties agree to meet within fifteen (15) days of the receipt of a registered letter with acknowledgement of receipt, sent by either Party.
This amicable resolution procedure is a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal proceedings instituted in violation of this clause shall be declared inadmissible.
If, however, after a period of three (3) months, the Parties have not agreed on a compromise or a solution, the dispute shall be submitted to the jurisdiction identified below.
Section 1 – GENERAL TERMS
In their contractual relationship, ECO-COUNTER and the Client agree to uphold the regulations in effect concerning the processing of personal data and, in particular, Regulation EU 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable as of May 25, 2018 (“GDPR”).
As such, each of the Parties agrees to uphold the principles related to the processing of personal data set out in Article 5.1 of the GDPR:
In its contractual relationships, ECO-COUNTER may process personal data in two separate legal contexts:
Section 2 – ECO-COUNTER’S DATA PROCESSING AS DATA CONTROLLER
Upon execution of the Contract, ECO-COUNTER collects personal data about its contacts on the Client’s staff.
In this context, ECO-COUNTER is a data controller in accordance with the terms of the GDPR. The data collected is the following:
This processing is carried out in accordance with Article 6.1.a (consent of the data subject) and/or Article 6.1.b (performance of a contract) of the GDPR.
The Client has been informed and expressly agrees that ECO-COUNTER will collect and process data for the following purposes:
For each of the following processing purposes, the personal data collected shall be kept by ECO-COUNTER as follows:
The personal data processed in accordance with the terms set forth above may be shared in the following situations:
ECO-COUNTER implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
In accordance with the regulations in effect on the protection of personal data, the data subjects concerned have a right of access, modification and deletion of their data. They may, at any time, freely and without justification, oppose the dissemination of the personal data they have provided. To exercise this right, the data subject concerned may approach ECO-COUNTER, at the address provided below:
4 Rue Charles Bourseul – 22300 LANNION
Section 2 – ECO-COUNTER’S DATA PROCESSING AS DATA PROCESSOR
In the performance of its services and, in particular, the Services, ECO-COUNTER may process personal data concerning the data subjects who are the subject of the Services ordered by the Client.
First, the Client acknowledges and accepts that:
As a client of the services, the Client is the data controller within the meaning of the GDPR and ECO-COUNTER is the data processor.
Consequently, the Client guarantees that it alone determines the purposes and the means of the data processing.
ECO-COUNTER also reiterates that it does not control the use of the processed data and is only involved in its capacity of data processor.
The data collected are the following:
The Client guarantees:
ECO-COUNTER undertakes to:
ECO-COUNTER’s Services allow for the visualization of Data from ECO-COUNTER sensors in connection with the counting Products installed at various points and zones on the Client’s geographic site (the “Site”). The Client has access to the following services:
OVERVIEW OF THE SERVICES OFFERED BY ECO-COUNTER:
Details about the Services are provided in this appendix. The Client acknowledges that any order of Services is subject to the terms of the Contract.
ECO-COUNTER reserves the right to modify the list of Services.
This Service concerns ECO-COUNTER Products equipped with a DATA SIM card.
This card allows for the transmission of Data on ECO-COUNTER servers. For this Service, ECO-COUNTER has employed a subcontractor, Sierra Wireless.
The daily Data are sent via 2G, 3G, 4G or 4G LTE networks, depending on the local availability of the DATA network and the type of Product acquired by the Client.
ECO-COUNTER is dependent on its subcontractor for the transmission of the daily Data. Data transmissions are guaranteed at a success rate of 95% under normal conditions of Product use.
ECO-COUNTER cannot, for any reason, be held responsible for any malfunction related to its transmission of daily Data Services, which is provided by Sierra Wireless.
If Data transmission has become impacted for reasons relating to the local DATA network, ECO-COUNTER permits the Client to collect the Data from the Product by connecting locally to the Product.
ECO-COUNTER cannot be held responsible for the failure of Data transmission if no DATA technology is available at the Site. Furthermore, ECO-COUNTER assumes no responsibility if technology is not available at the Site.
Products with an inactive DATA SIM card can be put in active DATA SIM mode at any time if the Client purchases a Service that includes the transmission of daily Data.
The daily Data is hosted in the file format of ECO-COUNTER’s choosing in an OVH data centre.
OVH guarantees all security required in terms of data storage and IT security.
ECO-COUNTER is dependent on its supplier OVH for the availability, quality and reliability of its Data hosting. The availability access rate for the hosted Data provided by OVH is 97%.
ECO-COUNTER can in no way be held responsible for any malfunction related to the hosting services provided by OVH.
Upon the expiry or termination of the Contract and upon the winding up of the Services, the Data hosting will be extended for a period of five (5) years by ECO-COUNTER. At the end of this period, all hosted Data will be deleted.
ECO-COUNTER offers a data visualization service via web access to the ECO-VISIO Platform.
The ECO-VISIO Platform is a visualization and analysis software for the daily Data transmitted by the Client’s ECO-COUNTER Products.
This Service includes administrator access to the ECO-VISIO Platform for the Client.
Using this administrator access, the Client can create and manage access accounts for its other users. The Client has full responsibility over such access, including with respect to the secure use of the Data and the ECO-VISIO Platform.
ECO-COUNTER cannot be held responsible in the event of improper handling of the Data by the Client’s administrator or one of the Client’s users.
Access to the Platform is for a limited term, corresponding to the term of the Contract and of the Services purchased by the Client.
In case of non-renewal of the Services, ECO-COUNTER will deactivate the Client’s access to the Platform (both the administrator account and all user accounts).
To allow the Client to resubscribe without losing its user accounts, ECO-COUNTER will not delete any Client accounts until six (6) months after the termination of the Services.
By default, ECO-COUNTER gives the Client access to a Data export function in Excel format.
For purely technical reasons, ECO-COUNTER reserves the right to change its Data export format at any time. The Client may, from the ECO-VISIO Platform, if it is subscribed to such Service, export the Data via customizable widgets.
Consequently, the Client can export all Data generated by the Products.
Under no circumstances can ECO-COUNTER be held responsible for the use of the Data after the Client has exported the Data, whether by the Client administrator or any of its users.
The availability of ECO-COUNTER support is the following:
Monday, Tuesday, Wednesday, Thursday
8 a.m. to 6 p.m.
8 a.m. to 5 p.m.
ECO-COUNTER reserves the right to change these availabilities.
ECO-COUNTER support should be requested by email at email@example.com.
In the email subject line, the Client must state the severity level of its request in accordance with the severity levels set forth in the table below:
Eco-Visio webpage is not accessible;
The daily Data has not been available for over 5 days;
Data export is not possible;
For each of these three issues, no workaround is available.
ECO-ALERT management or ECO-ALERTS are not functional;
The weather module is not functional;
For each of these two issues, no workaround is available.
An error other than an error of severity level 1 or 2 which has a significant impact on the function of the Services;
A functionality is not working as indicated, but a workaround is available and the important commercial functions are not substantially altered.
An error with no impact on operations.
A request for improvement or a new function or service.
The Client will have to explain in detail, in the email, the problem it has encountered and, if necessary, provide all the information that can assist ECO-COUNTER in understanding and resolving the problem.
Based on the severity indicated by the Client, it will receive a response within the timelines set forth below, in business days:
Within 48 h
An initial telephone contact will be made by ECO-COUNTER Support, if the Client is available, to commence the resolution of the problem.
Within 72 h
An initial email contact will be made by ECO-COUNTER Support to commence the resolution of the problem.
Within 1 week
An initial email contact will be made by ECO-COUNTER Support to commence the resolution of the problem.
Within 2 weeks
An initial email contact will be made by ECO-COUNTER Support to commence the resolution of the problem.
ECO-COUNTER reserves the right to change the content of its expected response.
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