Terms of Sale - Subscriptions
1. Purpose and scope
These Terms of Sale govern the subscription, by a client (hereinafter the "Client"), to the Synintra SaaS platform published by S.A.R.L. LES FANTASTIQUES (the "Provider"). They supplement the Terms of Use and the Privacy policy. Any subscription entails unreserved acceptance of these Terms of Sale.
Unless otherwise stated, the Client is a support organisation (business nursery, incubator, accelerator, coworking space or similar organisation) acting in a professional capacity. The provisions specific to services subscribed to by an individual User appear in article 13.
2. Description of the services and plans
The Provider supplies SaaS access to the Synintra platform and its features (news, events, polls, directory, room and space booking, messaging). The subscription plans, their functional scope and their limits (number of users, spaces, options) are described at the time of subscription or in the applicable quote/purchase order. The offer includes a free fifteen (15) day trial period, followed by a paid subscription. Pricing is set per site (see article 2 bis): each site gives rise to a subscription billed per unit. There is no permanent free (Freemium) plan.
2 bis. Subscription scope: one platform per site
Each subscription, including during the trial period, grants the right to operate a single platform corresponding to a single site (one physical location / establishment). Pricing is set per site. The Client may not group several distinct sites, buildings or establishments under one platform: each additional site requires its own platform and subscription.
Any circumvention of this limit - in particular creating "zones" that in fact designate separate buildings, sites or establishments - constitutes a misuse of the purpose of the contract within the meaning of Article 7 of the Terms of Use and is legally actionable. The Provider reserves the right, after notice, to regularise the situation: each undeclared site is added to the subscription and billed at the rate in force, pro rata for the current period, and/or to suspend access (Article 9) or terminate the subscription (Article 8), without prejudice to any damages.
3. Subscription
Subscription is carried out online or on the basis of an accepted quote. The Client warrants the accuracy of the information provided and the authority of the person empowered to commit it. The contract is formed upon confirmation of the order / signature of the quote.
4. Price
Prices are stated in euros, excluding tax; applicable VAT is added at the rate in force. Pricing is set per site and per subscription period (monthly or annual); it appears in the quote or on the subscription page in force on the day of the order. Adding sites during the contract is billed pro rata for the remaining period.
The Provider may change its prices; any change applicable to the Client is notified with at least one (1) month's notice and takes effect at the renewal of the current subscription period. Failing acceptance, the Client may terminate under the conditions of article 8.
5. Payment terms
Payments are processed via the provider Stripe. Depending on the plan, the subscription is payable in advance, by direct debit or credit card, monthly or annually. Invoices are issued electronically.
In accordance with article L.441-10 of the French Commercial Code, any late payment automatically gives rise to penalties at the rate of three (3) times the legal interest rate in force, as well as a fixed recovery indemnity of €40, without prejudice to the suspension provided for in article 9.
6. Term and renewal
The subscription is entered into for the term chosen at subscription (monthly or annual). It renews tacitly for successive periods of the same duration, unless terminated under the conditions of article 8, subject to thirty (30) days' notice before the expiry date.
7. Trial period
A free fifteen (15) day trial period is offered at subscription. At the end of this period, the paid subscription takes effect automatically, unless terminated by the Client before its end. The Provider does not offer a permanent free plan.
When the trial expires, full access is maintained during a five (5) day grace period, to allow the subscription to be finalised (useful in particular for public buyers paying by purchase order). After this period without a subscription, access is restricted.
8. Termination
Either party may terminate the subscription at the end of the current period, subject to thirty (30) days' notice given in writing. In the event of a serious breach not remedied after a formal notice that remains unsuccessful for fifteen (15) days, the other party may terminate automatically. Sums due for the period started remain payable.
Upon termination, access for Users attached to the Client is closed. The Client may request the retrieval of its data under the conditions of article 11.
9. Suspension
In the event of non-payment or a breach of the Terms of Use/Terms of Sale likely to harm the service or third parties, the Provider may suspend access after a formal notice that remains without effect for fifteen (15) days (except in a security-related emergency, where suspension may be immediate), without such suspension giving rise to any indemnity or exemption from payment of the sums due.
10. Obligations and service level
The Provider is bound by an obligation of means and endeavours to ensure the availability of the platform. The terms of availability and maintenance appear in the Terms of Use. The Provider does not commit to a quantified service level agreement (SLA); it endeavours to ensure continuous availability and to handle support requests within a reasonable time, excluding scheduled maintenance interruptions.
The Client is responsible for the use of the platform by its Users, for the accuracy of the data it enters and for its Users' compliance with the Terms of Use.
11. Personal data
Data processing is described in the Privacy policy. For data processed by the Provider on behalf of the Client, the parties enter into a data processing agreement (DPA) compliant with article 28 of the GDPR, appended hereto. At the end of the contract, the Provider returns or deletes the data in accordance with the DPA. Upon written request made within thirty (30) days following the end of the contract, the Provider makes available to the Client an export of its data in a structured, commonly used format (CSV or JSON); after this period, the data is deleted.
12. Intellectual property
The platform and its components remain the exclusive property of the Provider. The subscription grants a non-exclusive, non-transferable right of use, limited to the term of the contract. The Client's data and content remain its own.
13. Services subscribed to by an individual User (where applicable)
Where a paid service is subscribed to directly by a User who is a natural person acting as a consumer, the following provisions apply:
- Right of withdrawal: the consumer User has a 14-day period to withdraw (art. L.221-18 of the French Consumer Code), unless they have expressly requested immediate performance of the digital service and acknowledged waiving this right (art. L.221-28). For a digital service performed immediately, the consumer User is invited, at subscription, to expressly request immediate performance and to acknowledge the loss of their right of withdrawal once the service has been fully performed.
- Pre-contractual information and prices inclusive of tax displayed in accordance with the Consumer Code.
- Consumer mediation: see the Legal notice.
14. Liability
The Provider's liability is limited to direct damages and capped at the amount of the sums paid by the Client over the last twelve (12) months. The Provider is not liable for indirect damages (loss of business, loss of data attributable to the Client, loss of opportunity). No limitation applies in the event of gross negligence, wilful misconduct, or where the law prohibits it.
15. Force majeure
Neither party is liable for a failure resulting from a case of force majeure within the meaning of article 1218 of the French Civil Code.
16. Changes to the Terms of Sale
The Provider may amend these Terms of Sale. Changes are notified to the Client and apply at the next renewal; a Client who refuses them may terminate under the conditions of article 8.
17. Governing law and jurisdiction
These Terms of Sale are governed by French law. Failing an amicable resolution, any dispute falls within the exclusive jurisdiction of the courts of Créteil, subject, for consumer Users, to the mandatory rules protecting consumers.
18. Contact
S.A.R.L. LES FANTASTIQUES, 5 rue du Président Kennedy, 94220 Charenton-le-Pont - contact@synintra.com.