Article 1 – Application of the General Terms of Service
These General Terms of Service are brought to the attention of the Client. Accordingly, requesting the services of OPHOS SYSTEM SAS constitutes full and complete acceptance of these General Terms of Service.
Article 2 – Formation of the Contract
The contract is formed via our telephone number (01 83 73 50 50), through the email contact form: Contact form, or on site upon acceptance by the Client. It is expressly agreed between the Client and OPHOS SYSTEM SAS that confirmation by the latter of the appointment to work on the Client’s equipment shall constitute irrevocable consent to the contract and acceptance of the prices communicated. The parties expressly agree that, in its dealings with OPHOS SYSTEM SAS, the Client acknowledges the validity and probative value of the correspondence and computer records retained. This means of proof is admissible regardless of the amount of the services performed by OPHOS SYSTEM SAS. Unemancipated minors have a residual legal capacity for acts that custom allows them to perform owing to their modest nature. Accordingly, any order placed without the authorization of their parents or legal guardian shall be presumed to be considered by their parents or legal guardian as not exceeding this modest nature; otherwise, the parents or legal guardian must provide an authorization, failing which they shall be held liable.
Article 3 – Prices and Payment
Prices for interventions are stated excl. VAT for businesses and incl. VAT for individuals, without any discount. The applicable prices are those in effect at the time the appointment is made. Any hour started is due in full. Prices include travel and the service performed at the Client’s premises, and are payable at the end of the intervention. Payment is made by check payable to OPHOS SYSTEM SAS, in cash, or by bank transfer, directly to the technician on site. An invoice is issued on site (on paper or in electronic form). If the service could not be performed because the Client was absent from the appointment set with OPHOS SYSTEM SAS, the service will be invoiced at €45 incl. VAT, non-refundable. In the event of an unforeseeable additional cost for the intervention, OPHOS SYSTEM SAS undertakes to inform the Client in advance, and the Client may then decide to stop the service. In that case, OPHOS SYSTEM SAS will be required to invoice the Client for the time already spent on the service at the agreed rate. For remote assistance or remote maintenance interventions, the payment term is 30 days for professionals and 7 days for individuals. In the event of late payment, the Client will be charged a late-payment penalty equal to 10 times the legal interest rate, calculated on the total amount due (French Law No. 2008-776 of August 4, 2008). Pursuant to Article 121-11 of French Law No. 2012-387, a fixed indemnity for recovery costs in the event of late payment is set at €40.
Article 4 – Scope of Services
OPHOS SYSTEM SAS offers troubleshooting, installation and training services for digital equipment available on the market. These services are provided at the Client’s home, or at the company’s site on equipment belonging to the Client, or by remote maintenance using Teamviewer, Logmein, AnyDesk or elionis Remote software. The Client must be able to provide OPHOS SYSTEM SAS with all manufacturers’ and/or distributors’ documents and all software licenses registered on the equipment. The technician may decide to stop the intervention at any time if the technician suspects that the Client has failed to disclose modifications made to the equipment, or if the Client does not hold all the user licenses for the equipment or software in its possession. Finally, OPHOS SYSTEM SAS may immediately stop the intervention if the technician considers that the working conditions on site are likely to endanger the technician’s safety. In all cases where the service is interrupted by the technician for any reason whatsoever, the service shall be due, with a minimum charge of one hour. In the case of remote maintenance, OPHOS SYSTEM SAS may record the service on video in order to prevent any dispute. The duration, date and time of the service will also be recorded via the elionis Remote service. OPHOS SYSTEM SAS will not access the Client’s personal folders without the Client’s express request for the purpose of resolving a malfunction. No Client data will be collected by OPHOS SYSTEM SAS during remote maintenance.
Article 5 – Data Loss
In connection with the services performed, the Client remains responsible for the data stored on its IT system; OPHOS SYSTEM SAS therefore cannot be held liable on this basis. Furthermore, in the event of data loss, the Client may under no circumstances claim damages relating to any value of the data stored on the disks. Where applicable, compensation for damages may not exceed the amount of the service. OPHOS SYSTEM SAS cannot be held liable for any direct or indirect, tangible or intangible damage relating to such data resulting, for any reason whatsoever, from the intervention of the OPHOS SYSTEM SAS technician on the Client’s IT media.
Article 6 – Obligations and Liability of OPHOS SYSTEM SAS
OPHOS SYSTEM SAS undertakes to use all means at its disposal to provide the services to the Client under optimal conditions, except where an interruption of service is expressly requested by a competent judicial authority. OPHOS SYSTEM SAS undertakes to provide the human resources necessary for the proper performance of the service. The Client acknowledges that OPHOS SYSTEM SAS is bound only by an obligation of means (best-efforts obligation). OPHOS SYSTEM SAS shall not be held liable for any delay in or failure to perform the services where such delay or failure is due to an event of force majeure or a fortuitous event, as defined by the case law of the French courts. The Client expressly agrees that OPHOS SYSTEM SAS may under no circumstances be held liable for any direct and/or indirect, tangible and/or intangible damage occurring during the performance of the services. The Client has been informed that any intervention on one of its devices, whether by the Client itself or by an OPHOS SYSTEM SAS technician, voids the warranty of the manufacturer and/or distributor and/or supplier from which the Client acquired its equipment, and that no warranty from OPHOS SYSTEM SAS replaces it.
Article 7 – Obligations of the Client
The Client acknowledges that all costs relating to the site where the intervention takes place remain its responsibility (electricity, telephone charges, Internet, etc.). The Client undertakes to establish and maintain an optimal environment so that OPHOS SYSTEM SAS can work on site under the best possible conditions. The Client undertakes to make available to the OPHOS SYSTEM SAS technician all technical documentation provided by the manufacturers and/or distributors and/or suppliers, including digital installation media, license numbers, etc., and must inform the technician of the history of how the fault arose.
Article 8 – Contractual Validity of Information
The photos and descriptions of the items shown on the OPHOS SYSTEM SAS website are not contractually binding. The information on the server has been written in good faith using our suppliers’ instructions and documentation. OPHOS SYSTEM SAS may under no circumstances be held liable for any errors transcribed from these documents or instructions.
Article 9 – French Data Protection Act (Loi Informatique et Liberté)
Under the provisions of Law No. 78-17 of January 6, 1978 (the French Data Protection Act, “Loi Informatique et Liberté”), the Client has the right to access, modify, rectify and delete personal data concerning it. The Client authorizes OPHOS SYSTEM SAS to share this data with third-party companies. Otherwise, the Client shall notify OPHOS SYSTEM SAS of its refusal to have its personal data used by sending a registered letter with acknowledgment of receipt to OPHOS SYSTEM SAS, stating its last name, first names, address and email address, so that OPHOS SYSTEM SAS can take the necessary action.
Article 10 – Confidentiality
An internal quality charter at OPHOS SYSTEM SAS guarantees Clients full respect for the confidential information stored on IT media. OPHOS SYSTEM SAS undertakes not to disclose any information that could allow third parties to learn, directly or indirectly, the details of the queries made by the Client. However, should the Client’s IT media contain, in particular, information, data or images prohibited by law, OPHOS SYSTEM SAS reserves the right to inform the competent judicial authorities. Finally, OPHOS SYSTEM SAS cannot be held liable if any competent judicial authority requests that it hand over Client IT media containing, in particular, information, data or images prohibited by law.
Article 11 – Governing Law
All clauses in these General Terms of Service are governed by French law.
Article 12 – Competent Court
If an amicable settlement fails, any dispute arising from these General Terms of Service shall fall under the jurisdiction of the Tribunal de Commerce de Créteil (Créteil Commercial Court, 94000), even in the event of third-party warranty claims or multiple defendants.