Terms of Sales
of the Newday Care web application
Oct. 1, 2021
The customer declares to have read, prior to signing for any purchase, the general and specific conditions defined below:
ARTICLE 1: DESIGNATION OF THE WEB APPLICATION CHOSEN BY THE CUSTOMER
Prior to the signature of this contract, the customer found in the exchanges with the NEW DAY team, all the information necessary for the subscription of the offers proposed by our services, present on www.newday.care/pro .
He acknowledges having received from NEWDAY CARE complete information on the web communication tools related to his activity.
The customer’s choice concerns the use of the services of the NEWDAY CARE web application, via a multi-year subscription, indicated during the subscription.
These general conditions apply only to the use of the NEWDAY CARE web application, property of NEW DAY.
NEW DAY is authorized to modify these General Conditions of Sale, subject to notifying the Customer of the existence of this modification and the date of its taking effect, by inviting him to read the new text of the Conditions General Sales, available on the website www.newday.care . The Customer’s agreement will be deemed granted in the absence of written opposition within twenty-eight (28) days of this notification; which will result in the immediate and automatic entry into force of the modified General Conditions of Sale, at the end of this period, or from the date of entry into force indicated by
NEW DAY within the framework of the aforementioned notification.
ARTICLE 2: LICENSE TO USE THE TOOLS AND PROGRAMS. COPYRIGHT
The programs used, or licenses for the development and implementation of products or services are the full property of NEW DAY.
The development of specific modules or software for the implementation of a customer order remains the property of NEW DAY.
All design or ergonomic creations remain the property of NEW DAY. Only the contents possibly provided by the Customer are his property.
ARTICLE 3: PURPOSE OF THE CONTRACT
The purpose of this contract is to subscribe to a multi-year subscription to the NEWDAY CARE web application, for its use by all of the list of employees drawn up by the Customer.
ARTICLE 4: REGISTRATION OF USERS
The Customer will have communicated before the start of the subscribed subscription the complete list of email addresses of the company’s employees who will have access to the NEWDAY CARE web application. Users will then be able to access the entire NEWDAY CARE application by simply registering their username (email address) and password (chosen by them). This information is strictly confidential and will not be disclosed to third parties, neither for improving the performance of the NEWDAY CARE application, nor for advertising. The passwords used by users will not be known by NEW DAY.
Any effective user registration will be automatically renewed at its end, unless the Customer has taken care to terminate the entire contract in good and due form, or unless a court decision, which has become enforceable, imposes something else. . NEWDAY CARE is expressly authorized to debit its Customer’s account, and more generally to invoice the Customer, for all costs related to said subscription renewal.
ARTICLE 5: PERFORMANCE GUARANTEE
NEWDAY CARE assures the Customer that the technical means necessary for all of its employees to be able to use the NEWDAY CARE web application will be deployed.
However NEWDAY CARE may at any time for technical or other reasons modify its hosting methods.
NEWDAY CARE is not bound by an obligation of results but by a commitment of means and tools made available to the Customer’s employees. Nevertheless, NEW DAY ensures 100% continuous availability of the NEWDAY CARE web application: 24 hours a day, 7 days a week. Are excluded from this calculation, the periods of unavailability of the web application due to technical problems requiring, excluding failure, regular maintenance of NEWDAY CARE (addition of new tools/tests), or any other difficulties beyond its control, such as, in particular, force majeure (in particular: long-term failure of the electricity network, strikes, riots, wars, storms, earthquakes, failure of the public telecommunications network, requisition by public authorities, unavailability of the Internet network , etc.) or the responsibility of a third party or the Customer. NEW DAY reserves the right to modify the characteristics of its technical infrastructures and the choice of its suppliers at any time. These modifications will however make it possible to offer performances at least equivalent to those provided at the time of the conclusion of the contract. NEW DAY’s liability is limited to the NEWDAY CARE web application, hosted on third-party servers.
The Client must keep a backup of his NEWDAY CARE FOLLOW-UP Results data, which will be communicated to him each month. NEW DAY can in no way be held responsible for loss of data, although we make every effort to secure our data.
ARTICLE 6: CARE AND MAINTENANCE OF THE NEWDAY CARE WEB APPLICATION
In order to ensure a quality service, the company NEW DAY will maintain a support service available by e-mail at the address “firstname.lastname@example.org”. The Customer may report any malfunction relating to the NEWDAY CARE web application, and will be taken care of as soon as possible in order to restore it to function.
ARTICLE 7: OFFER, ACCEPTANCE, END OF CONTRACT
The contract is deemed concluded on the date of confirmation by the company NEW DAY of the validation of the order placed by the Customer or, at the latest, at the time of execution of the said order by the company NEW DAY.
The order may be considered null and void by the company NEW DAY if the technical or practical implementation with the Customer proves not to correspond to the description of the order form or by the non-achievability of the Customer’s requests and this without recourse against the NEW DAY company.
Any cancellation of a multi-year Subscription before its start by the Customer will lead to invoicing for the creation of the group of users of a lump sum of five hundred (500) € excluding VAT.
The multi-year subscription subscription to the NEWDAY CARE application is considered delivered when the NEW DAY company makes said Subscription available to the Customer according to the terms of the order form.
The NEW DAY company cannot be held responsible for the non-use of the NEWDAY CARE application by the Customer and its employees.
The contract is concluded for a period defined in the estimate or the order form. The contract may be terminated at any time by the Customer, without giving any reason, subject to written notification by registered letter with AR to:
NEW DAY, 31 rue Soeur BOUVIER 69005 LYON, FRANCE.
The minimum notice period is 3 (three) months from receipt of the termination request by NEW DAY, it being specified that the Customer must pay all amounts due at the end of the notice (calendar month ), or by email to: email@example.com.
In addition, the NEW DAY company may interrupt access to the services and/or terminate the contract as of right and with immediate effect without prior formal notice and without notice, due to a serious breach by the Customer, in particular in the event of non-compliance by the Customer with the obligations provided for in the GCS.
– delay in payment of sums owed by the Customer pursuant to Article 12 below, which would be greater than twenty (20) days.
– failure to use the NEWDAY CARE application by several people on the same so-called professional user account.
If third parties assert serious rights with the company NEW DAY, likely to be affected as a result of the use of the domain name(s) registered by the Customer in application of these presents, the company NEW DAY is authorized to interrupt access to the service and/or terminate the contract according to the General Conditions of Sale.
ARTICLE 8: CONTENT OF THE PAGES OF THE NEWDAY CARE WEB APPLICATION
The management of the content of the web application is the responsibility of NEW DAY and under its responsibility. Any content made available on the NEWDAY CARE web application is available to the Customer’s employees. NEW DAY draws the Customer’s attention to the fact that it may have other obligations, for example, in the event of communication of the results obtained by its employees in the NEWDAY CARE web application. The Client releases NEW DAY from any liability with regard to third parties resulting from the latter’s non-compliance with any of its obligations.
The Client must not, in any way whatsoever, communicate erroneous NEWDAY FOLLOW-UP results, different from the results communicated by NEW DAY. The Customer must not communicate information that is manifestly illegal or detrimental to public order (violence, incitement to racial hatred, supply of products or services strictly prohibited on the territory, etc.) by associating the company NEW DAY. In the event of non-compliance with this commitment, the Customer will be required to immediately pay a contractual penalty of €3,800 (three thousand eight hundred) per violation found, this payment not being exclusive of a legal claim for damages and interest. It is specified that the Customer will have to pay the penalty as many times as the number of violations that may be observed.
The Customer is solely responsible for the information disseminated by him. NEW DAY cannot in any way be held responsible for the legality of the information disseminated by the Customer, for example advertising banners, violation of the law, public order, morality and/or the rights of third parties (right trademarks, copyright, protection of databases etc.). The Customer undertakes in particular not to communicate, nor to offer or allow to be offered commercial services involving the company NEW DAY.
NEW DAY is not required to verify whether the presentation of NEWDAY FOLLOW-UP results from the use of the NEWDAY CARE application constitutes any violation of the law. If NEW DAY nevertheless finds a violation of the law, it is authorized to interrupt and/or terminate the contract. The same will apply a fortiori in the event of requisition by the public authority or legal action or claims by third parties which, according to the company NEW DAY, could appear justified and sufficiently serious. NEW DAY will make its best efforts to inform the Customer as soon as possible.
NEW DAY reserves the right to carry out targeted and temporary surveillance operations relating to the use of the services and to interrupt access to the services and/or terminate the contract in the event of the Customer’s failure to fulfill the obligations defined in this article 8. The Customer will also be fully responsible for any damage suffered as a result of this by the Customer himself, the company NEW DAY or any other person.
ARTICLE 9: OBLIGATIONS OF NEW DAY
NEW DAY undertakes to provide the services described in this document. Due to the characteristics and limits of the Internet that the Customer declares to know, the company NEW DAY can in no way be held responsible for access speeds, response times and difficulties in accessing the service. NEW DAY reserves the right to temporarily interrupt access to its services for maintenance or improvement reasons without the right to compensation. However, NEW DAY undertakes to implement all the means at its disposal to minimize this type of interruption. Despite all the security measures taken by its teams, NEW DAY cannot be held liable in the event of malicious entry. It is NEW DAY’s responsibility to check that the access codes and passwords for access to the service are kept in a safe place and are not communicated to third parties.
The Customer undertakes to seek the contractual liability of NEW DAY only in the event of a serious and proven breach of one of its substantial obligations, with a view to repairing direct damage. In any case, NEW DAY will in no way be liable for any indirect or immaterial damage, whatever it may be, possibly suffered by the Customer, and in particular for any financial or commercial damage, loss of profits, loss of data, even if the service provider has been informed of the possibility of such loss or damage.
ARTICLE 10: CUSTOMER OBLIGATIONS
The Customer undertakes to pay for the services described in the estimate or order form. The Customer undertakes to comply with the laws in force concerning the use of the email addresses that he makes available to NEW DAY for the creation of the multi-year subscription to the NEWDAY CARE web application.
The Customer guarantees that the data he will provide to NEW DAY is accurate and complete. He undertakes to immediately inform the company NEW DAY of any change concerning him and to confirm within two weeks the accuracy of the data if the company NEW DAY so requests. The following information is in particular referred to, without being exhaustive: – electronic addresses of the Client’s employees; – name, postal address, e-mail address, telephone and fax number of the Customer’s technical manager; – name, postal address, e-mail address, telephone and fax number of the Customer’s Human Resources manager.
ARTICLE 11: MAINTENANCE OF THE NEWDAY CARE WEB APPLICATION
The Customer will benefit from regular updates of the NEWDAY CARE web application. If the Customer expressly wishes that a test/tool be developed and available on the application, he must communicate it to NEW DAY as soon as possible. This request must mention all the desired themes or modifications. Within ten (10) days of receipt of this request, NEW DAY will respond to the Customer on its feasibility and will indicate an approximate timeframe for execution. NEW DAY will do its best to make these additions/modifications and will only begin the development of these modifications after acceptance of the quote by the Customer by email.
ARTICLE 12: TERMS OF PAYMENT
The pricing and terms of payment for the various services are the subject of an estimate or an order form signed by the Customer or services ordered directly on our site. https://www.newday.care/pro » for the duration of the contract.
The amount of the multi-year subscription stipulated during the order will be identical to that validated during the estimate. No additional costs will be charged. The payment of the subscription to the NEWDAY CARE web application is monthly and will be made by direct debit or by annual cash payment by the Customer. In the event of a direct debit, the Client, upon signing this contract, authorizes said direct debits in accordance with the order that it simultaneously gives to the institution holding the account. The Customer irrevocably undertakes to maintain this order throughout the duration of this contract, except to provide at least one month in advance a new bank or postal address.
A new pricing may be defined for the renewal of said contract for a multi-year subscription beyond the commitment period specified when ordering.
The sums paid as an advance when ordering will be deducted from the sums due on the multi-year subscription in the event of the continuity of this service or refundable within 60 days of the end of the said contract.
The invoicing of the subscription is calculated on the exact number of users that the Customer will have communicated during the order.
In the event of late payment, NEW DAY shall be entitled to request payment of interest at the legal rate or, at its option, an increase in late payment equal to 1.5 times the legal interest rate, per month of delay. from the date of payment of the sums whose payment is provided for under this article. Similarly, in the event of late payment, NEW DAY shall be entitled to immediately suspend said Customer’s subscription.
If the Customer’s formal notice has no effect, NEW DAY may at any time assign its claim to a factoring company, in which case payment must be made to the benefit of the account mentioned on the invoice drawn up by the latter. In this case, the NEW DAY company will invoice the Customer for the lump sum of one hundred (100) euros for the administrative costs incurred for recovery.
The sums that have been paid by the Customer as an advance, commissioning or any other additional service, shall remain irrevocably acquired by NEW DAY.
Payments must be made by direct debit (unless there are special conditions).
ARTICLE 13: ADVANCES
Under this contract, the Customer undertakes to pay on the day of signing the contract the sum corresponding to the commissioning costs, and additional services, by check payable to the company NEW DAY or authorize the debit of these sums during the first direct debit. In the context of a breach of contract before the commissioning of the NEWDAY CARE web application, this advance will remain acquired by NEW DAY in an irrevocable manner as well as the first 3 months of service.
ARTICLE 14: COMPUTER FILES – ACCESS
The company NEW DAY informs the Customer that personal data is collected and processed within the framework of the execution of the General Conditions of Sale. The data cannot, within the framework of the fulfillment of the General Conditions of Sale, in any way be transmitted to third parties and will necessarily, for the registration of email addresses, be the subject of non-personal communications available exclusively to the Customer. No communication of this information will be made by the company NEW DAY.
NEW DAY is not authorized to use Customer data to advise its Customers or for its internal needs. It undertakes to give Customers access, free of charge and at any time, to all the data recorded concerning them, in accordance with the legislation applicable in France.
The Customer authorizes NEW DAY to read the Results pages recorded on the NEWDAY CARE web application at any time. The NEW DAY company informs the Customer that the protection of personal data cannot be total in an open network such as the Internet. Other Internet users may in particular, where appropriate, be able to disrupt the security of the network and control certain exchanges of information. The Customer is solely responsible for the data transmitted via the Internet.
ARTICLE 15: INFORMATION AND DATA TO BE PUT ON THE NEWDAY CARE WEB APPLICATION
The information that the Customer requests to be presented on the Results page of the NEWDAY CARE web application is that provided by the Customer. As part of the integration of data on the NEWDAY CARE web application, the NEW DAY company undertakes to provide it to the customer within the following month. In any case, the contractual mission of NEW DAY is considered fulfilled when the company NEW DAY makes the said NEWDAY CARE web application available to the Customer according to the terms of the order form.
NEW DAY cannot be held responsible for delays caused by the Customer in providing content. Billing starts when the NEWDAY CARE web application is made available to all of the Customer’s employees present on the list of email addresses provided by the Customer.
ARTICLE 16: ATTRIBUTION OF JURISDICTION
Any disagreements relating to the application of this contract will be submitted, in the absence of an amicable agreement, to the Commercial Court of Lyon, 44 rue de BONNEL, 69433 LYON CEDEX 03, to which territorial jurisdiction is given, even in the event of summary proceedings. , appeal in warranty or multiple defendants.