Suncel General Terms of Services

As of July 26, 2022

Fast Web (“Suncel”) is a French company whose registered office is 16 Rue Alexandre Parodi, 75010 PARIS, under the number 91762618600014 at Paris RCS and represented by Mr David Dumont.

These general Terms of Service (the « Terms ») are a legal and binding agreement between FAST WEB, a French corporation (« Fast Web » or « Suncel » or « We » or « Us » or « Service Provider ») and you, or if you represent an employer or client, then the employer or client (« You » or « Client »), governing your use of Suncel’s website (https://suncel.io/) and all other related services that Suncel provides (collectively the « Services »). 

Suncel reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. 

Please carefully read these terms. by subscribing or by accessing or using the website or the services, you agree that you have read and agree, without reservations, to be bound by the latest version of the agreement being the following documents, listed by order of priority.

The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.

Enforceability Of The Terms of Services

These Terms of Services shall apply each time you visit our Websites or use our Services.

Support And Service Levels

The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of Performance.

Suncel will make the Services available to the Client with a best possible availability of ninety nine (99) percent uptime annual average.

You shall be responsible for appointing an administrator (the « Administrator »), who shall be in charge of your users rights.

We shall provide second level support for the Service (« Support »), consisting of (i) responding to the Administrator’s requests for information and support in connection with use of the Service, or (ii) resolving anomalies arising from use of the Service that the Administrator has not been able to fix despite its best first level support efforts.

The Administrator is to create a Support ticket by sending a request to: support@suncel.io including as much detail as possible relating to the request for Support, it being agreed that only the Administrator may contact/access the Support service.

Intellectual Property

Suncel software, technologies, data, documentation, methodologies, processes and documents belonging to Suncel used in the context of the provision of the Services remain the exclusive property of Suncel.

The Services, logo, interfaces, photos, websites, are owned by Suncel or its licensees and protected by applicable law, with all rights reserved.

The Client grants Suncel a non-exclusive license to use its trademarks, logos, trade names, signs, domain names, in order to provide the Services to the Customer, for the duration of the Service usage. Suncel is also authorized to use them in the context of its activities for commercial promotion purposes.

Your Data

"Your Data" means any data and content stored or transmitted via the Services by or on behalf of you or your end-users (which may include data you elect to import from third party services you use)‍.  

You exclusively own all rights, title and interest in and to all Your Data. You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and obtaining permissions for all Your Data. You will make sure that no sensitive data, such as personal health or financial information, is submitted to Suncel. You hereby grant to Suncel a, non-exclusive, limited, non transferable right, during the Term (including during any Trial Period), to store, host, reproduce, and maintain Your Data solely for purposes of making the Services available to You and increasing the performance of the Services. 

Compliance With The Law 

You shall comply with all laws and regulations in force that are applicable in any country from which You access the Website and/or use the Service.  You shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with applicable laws and regulations.

Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority in relation to your use of the Service. In the event You become aware of a violation by any third party of any provision of these Terms or of any laws or regulations and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an email to support@suncel.io.

Financial Terms And Refund Policy

We offer various options to our Clients, including free and paid plans, with or without a fixed commitment period. You can find these options and the relevant pricing on our website at : https://suncel.io/pricing The pricing of these plans is available in US Dollars.

Free Plan (Start Plan)

Free plans are non paid subscriptions subject to use restrictions (maximum number of users, maximum number of pages, etc.); these use restrictions are set forth on our Website. You may at any time terminate your free plan or upgrade to a paid plan.

Paying Plans (Standard, Premium, Enterprise)

Paid plans are without any fixed-term commitment and have lower use restriction limits than the free plan. Your paid subscription shall be due and payable either on a monthly or yearly basis in advance from the date of your first paid subscription and will be automatically renewed thereafter on the same basis, subject to the full payment in advance of the fees due.

All prices indicated are non-binding and exclusive of VAT. Suncel may, in its sole discretion and at any time, modify the subscription fees. Any changes will become effective at the end of the then-current contract period. Modified prices will be charged beginning with the consecutive contract period. New prices will not be affected by any coupons or promotional code.

The plan fees do not include the cost of equipment and Internet access enabling use of the Service, the costs of which shall be borne by You.

Any subscription shall automatically renew for successive terms equal to the term in the order form unless You notify Suncel in writing (accounting@suncel.io) of your intent not to renew at least thirty (30) days prior to the expiration of the current subscription. In the absence of such a termination, the plan shall be automatically renewed for the same fixed term, and You shall be invoiced according to the initial schedule payment not including any overage charges.

Suncel reserves the right not to accept an order from the Client it has already encountered payment problems (non-payment or late payment) with the Client for one or more previous orders.

Refund policy

Paid subscription fees are non-refundable. We draw your attention to the fact that Suncel shall not reimburse You the unused fees paid for a started month or year, even on a pro rata basis. It is then Your responsibility to anticipate the termination of Your plan to make it effective at the most convenient time. Payment may be made by credit card, or direct debit. You authorize Suncel to charge the credit card or bank account You provide to Us for any and all costs and amounts that You owe Us for the Services.

In the case You upgrade from the Standard Annual Plan to the Premium Annual plan, we may consider a pro-rata reimbursement of the Standard Annual Plan on the unused period. Contact our team to process : contact@suncel.io

Termination

The Services are reserved exclusively for a professional use and any regulations on consumer or retraction rights are not applicable to the Services.

Suncel or the Client may terminate its annual or monthly subscription by sending an email to accounting@suncel.io at least thirty (30) day's notice prior to the renewal date. 

You are advised that as of the effective termination date of your account, new constraints may affect the access to your data, pages indexation, and content.

Warranties

Except as expressly provided for herein, the Service is provided on an “as is” and “as available” basis without any warranties of any kind, and Suncel expressly disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non- infringement. You acknowledge that we do not warrant that the service will be uninterrupted, secure, or error-free.

Limitation of Liability

In no event will either Suncel or the Client have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential or punitive damages, however, caused, and whether or not Suncel or the Client has been advised of the possibility of such damages.

Neither Suncel or the Client aggregate liability arising out of or related to these terms of the service will exceed the total amount paid by customer hereunder during the twelve (12) months preceding the last event giving rise to liability.

Personal Data

In accordance with the provisions of the French Data Protection Act No. 78-17 of January 6, 1978 as amended, each of the Parties undertakes to comply with the obligations imposed on it by this Act, and in particular the obligations to inform the end Customer whose personal data is collected and to obtain their consent before any notification as well as the obligations of security and confidentiality of the personal data collected and processed.

Change In Service and Application Modifications

Suncel reserves the right to make any modification or change to the Service in order to improve the Service or made mandatory by legislative or regulatory texts. These modifications shall be applicable at least two days after the Client has been informed.

Applicable Law

The Terms are submitted under French law (Paris Court). The Vienna Convention on the International Sale of Goods dated April 11, 1980 is not applicable.

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