General Terms and Conditions of Sales (GTCS) for professionals and non-professionals

Copyright.eu: General Terms and Conditions of Sales (GTCS)
for professionals and non-professionals
Latest version dated 05/05/2022
A PDF and electronically signed version are available by clicking here.

 

  1. Preamble

The services, as defined by the scope of application set out in the following chapter, are offered by DATASURE, a limited liability company with a capital of €10,000.00, registered in the Béziers Trade and Companies Register under no. 904666203, whose registered office is located at 8 rue Alfred Maurel 34120, hereinafter referred to as “Datasure”.

Tél : +33.465.844.434.

Email : support@copyright.eu

 

  1. Subject

This document constitutes the General Terms and Conditions of Sale (the “GTCS”) of the Copyright.eu service of Datasure and is intended to define the terms and conditions of sale of the Datasure services, which are accessible under the heading “Our Services” on the website https://www.certisure.com and https://www.datasure.net/ (the “Sites”).

The GTC are available on the Site, at the bottom of each page, and may be consulted at any time. Datasure advises that these GTCS be kept on a durable medium, by printing them out for example.

Any Internet user registering on this Site undertakes to comply with these GTCS, and any order for one of the services offered by Datasure implies acceptance by the Internet user, without reservation, of these GTC.

 

  1. Scope of application

These general conditions of sale apply between Datasure and any person expressing his acceptance, as a professional or non-professional, of one of the offers of services proposed online and without prejudice to the special conditions applicable to certain specific services to which reference should also be made, where appropriate.

  • Determining the status of the client

Following the introductory article of the Consumer Code, a professional is any natural or legal person, public or private, who is acting for purposes relating to his/her commercial, industrial, craft, liberal or agricultural activity, including when he/she is acting in the name or on behalf of another professional. A non-professional is any legal person who is not acting for professional purposes.

  • Exclusions

The present general conditions do not apply to customers who are consumers within the meaning of the preliminary article of the Consumer Code, i.e. any natural person who is acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. In this case, these customers should refer to the general sales conditions applicable to consumers (“GTCS for consumers“).

  1. Language

The principal language is French. It is used for all dealings with Datasure, for its offers, for the contractual stipulations and for all other elements relating to its services, so that it is the French version which is always deemed authoritative in any information or communication.

The secondary language is English. This language is accessible to all Internet users who wish to use it . English constitutes an alternative language for the conclusion of the service contract which Datasure accepts. Datasure allows its English-speaking co-contractors to communicate with it in that language for any question relating to its services. For the sake of an exhaustive response, Datasure’s customer service will then be exclusively in writing, the telephone customer service provided not being required to intervene in this language.

Finally, and for the sake of convenience, other language versions may be available on the Datasure website and for contractual documents. However, it is always advisable to refer to the French version in the event of difficulty in interpretation.

 

  1. Scope of pre-contractual information

Datasure makes every effort to satisfy the pre-contractual information which is necessary for any internet user. However, if any information is not provided by Datasure and is of decisive importance to the internet user with a direct and necessary link to the contractual content or the quality of the parties, it is the responsibility of the internet user to contact Datasure to obtain the information he requires beforehand.

In addition to the information that Datasure already makes available in the general and special conditions of service or use thereof, Datasure always responds to such requests and provides internet users with a support number or online service which can be contacted throughout the week from 9 am to 12.30 pm and from 1.30 pm to 5 pm except at weekends.

Telephone : +33 465 844 434

Email : support@copyright.eu

Datasure may not be held responsible for not having informed the internet user if the decisive nature of the information concerned has not been brought to its attention and therefore not included in the contractual field.

When the internet user places an order for one of Datasure’s services, he accesses the general and special conditions of service applicable to him at the time of the order process. He is asked for his express acceptance of these conditions to be able to proceed with his order, and he may keep a copy by downloading them in a standard format (PDF). Datasure advises the Internet user to retain and print these documents.

 

  1. The offers

The offers made by Datasure are valid for as long as they are proposed on the Site.

Datasure undertakes to maintain its offers of services within the period or under the conditions which it shall have set or, failing that, within a reasonable period.

It remains the sole decision-maker as to the offers it makes and under no circumstances may information from a third-party site constitute a valid offer if it is not fully present as a valid and current offer on the Datasure’s website.

Finally, Datasure is constantly improving and developing its service offers. Datasure may add or remove functionalities, with the possibility of complete interruption of the services to do so. Datasure reserves its right to modify its service offers.

 

  1. The services offered

Datasure offers several services whose characteristics are detailed on each of the pages relating to the services concerned. The internet user must refer to these pages to find out about them. They are accessible on Datasure’s website and only this information constitutes the characteristics of the services offered, provided that it is still online.

Numerous elements are made available to the Internet user on these pages to inform him of the characteristics of the offers proposed and to enable him to make an informed decision.

The customer support team provides a telephone number and online support (chat and contact form) to provide information to any Internet user to complement the information available online.

 

  1. Copyright.eu services: anteriority proof service

 

  • Description of the Copyright.eu service

Datasure offers an anteriority proof service by qualified electronic time stamping, blockchain time stamping and electronic legal archiving, for various types of creations filed in digital format, allowing to:

  • Conferring a certain date to these creations, following the European Union Regulation “eIDAS” No. 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation);
  • To prove the authorship of the person indicated as such in the deposit, on the deposited creations, by its anteriority;
  • And to demonstrate the certain existence of the creations and the integrity of the files deposited.

Datasure undertakes to generate the proof of anteriority ordered and to keep the files under the conditions provided for in paragraph “8.3 Retention period”.

If the corresponding offer is selected, i.e., “Premium” filing, Datasure shall transmit the anteriority certificate and the files in parallel to a bailiff’s office as from the receipt of the order.

The client is reminded that the use of the Copyright.eu service only provides proof of anteriority with a definite date and does not guarantee that the creations deposited meet the legal conditions for protection by the intellectual property right concerned. Finally, it is also reminded that the production of a Copyright.eu time-stamping certificate in court does not guarantee the outcome of a possible dispute: this will depend on the sovereign appreciation of judges.

  • Terms and conditions of Copyright.eu services

The deposit is made directly online on the Copyright.eu platform, after registration (see “9.1 Registration on the Site”).

During the deposit, the user will be asked to provide information on his or her status as an author and a description of the creation that is the subject of the deposit. The customer uploads the files corresponding to the creation.

Once the order has been completed (see “9. Ordering services and concluding the contract online” for more information on the ordering process):

  • The client receives an email within a maximum of 48 hours with the certificate of anteriority and an email transmitting a non-disclosure agreement (NDA) signed by Datasure ;
  • The certificate is available in the Client’s account via the “Download the certificate” action accessible in the section of the deposit concerned;

An ISPO number is issued for each certificate, thus enabling the validity of the deposit to be publicly verified on the Copyright.info register. This verification also allows access to the time-stamping certificate via Blockchain (Ethereum).

Datasure also carries out the legal electronic archiving (Arkhinéo) of the anteriority certificate. The proof of this archiving is available only on request by email. Datasure will be able to transmit this proof within a reasonable period and by email.

  • Retention period
    • Anteriority certificates issued by Datasure :

Datasure retains the anteriority certificates it issues without any time limit and ensures their durability.

Indeed, in addition to a backup in a secure and sovereign infrastructure hosted in France, Datasure carries out the legal electronic archiving of the anteriority certificates it issues.

  • Files deposited on the platform:

Datasure contractually undertakes to keep the files deposited by the user for a minimum period of 5 years from the date of deposit on the Copyright.eu platform.

Datasure also undertakes, during this period of 5 years of storage of the files, to be able to return the files or to allow the user to retrieve them directly in his or her account. This is “hot data” storage because the files may be actively requested by the customer himself during these 5 years.

At the end of this 5-year file storage period, Datasure archives the files in a “cold data” archiving system, it being specified that the storage of files at the end of the 5 years is only an obligation of means. The consequence is that the files will no longer be directly accessible by the client. Thus, access to the files may only be made at the express request of the client to Datasure’s services, by email, in the event of legal disputes and for an additional fee.

The files are also stored on a secure and sovereign infrastructure hosted in France.

 

  1. Ordering services and concluding the contract online

 

  • Registration on the Site

When the client wishes to place an order, he or she must create an account on the Site with Datasure. This action is available in the customer area (“My account”) of the Site or via the “Create an account” or “Start” buttons available on the “Rates” page of the corresponding services. This leads to the creation of a personal space on the Site enabling the Internet user to:

  • Take advantage of the services;
  • Find all the necessary documents and information in their online customer Area.

The creation of an account is free of charge.

For further information concerning the registration process, Datasure refers the internet user to the Site’s GTC of use.

  • Preparation of the order

To place an order, the internet user starts the order process provided for each of the services concerned by communicating all the information necessary for the proper processing of his order.

The Internet user must then select the service offer that corresponds to his/her needs.

When placing an order, the Internet user is reminded of the following:

  • A summary of the services chosen by him,
  • With the details of these,
  • As well as the total price.

 

  • Correction of errors in the order

At this stage, the Internet user has the possibility of checking and correcting any errors at any time by relaunching a new service.

It is specified that the system also allows, at each stage of the order, to check whether certain material errors have been made by the Internet user, for example, the omission of information or erroneous information. However, it is up to the Internet user to ensure that there are no errors in the order.

  • Formation of the online contract and final validation

The Internet user must then confirm his/her order. Following article 1113 of the Civil Code, an electronic commerce contract for the provision of services is concluded under the terms of these GTCS as soon as the client demonstrates, by his/her acceptance, his wish to commit himself/herself by placing and confirming an order for one of the services that Datasure offers online. The internet user consults and accepts the contractual information as set out in the 2nd paragraph of « 5. Scope of pre-contractual information”.

He/she can then give his/her consent and confirm his/her order definitively. With this confirmation, he/she is obliged to pay for the order in question, which is indicated to him/her beforehand following Article L. 221-14 of the Consumer Code.

The same confirmation process must be repeated for each order, even if the Internet user is already a customer. Only his/her identity information and possibly his/her means of payment, if he/she has expressed the wish, will then be automatically included due to his/her previous registration on the site, but he/she will have to renew his/her consent for each new order.

Thus, to order a service from Datasure, the internet user must confirm this action by the “double-click” technique, which implies that the internet user 1) verifies and possibly corrects the order before validating, then 2) accepts the GTCS and proceeds to pay for final validation.

Final validation of the order is understood to mean the moment when full payment has been received by Datasure for the service ordered. Payment of the order triggers the generation of the anteriority certificate and other associated services.

Any order placed with Datasure’s services constitutes the client’s agreement to the commencement of the performance of the services.

  • Archiving and proof

The summary of the order is archived by Datasure and transmitted to the Internet User electronically after the final validation of his/her order.

The summary can also be consulted in the online account, in the “My Orders” area. An invoice is also made available to the client.

  • Right of withdrawal

Insofar as the Client is a professional or non-professional, and not a consumer within the meaning of the preliminary article of the Consumer Code, he/she does not benefit from the right of withdrawal.

However, where the non-professional or professional as described in article L121-16-1 III of the Consumer Code places an order for services from the Datasure’s website, such services involve the supply of digital content and are performed before the end of the withdrawal period provided for by the Consumer Code (14 days from the day following the conclusion of the contract for the provision of services, following the article L. 221-18 of the Consumer Code). Datasure shall then collect the express request of the Internet user on a durable medium as well as the waiver of his right of withdrawal, following 1° of Article L. 221-28 of the Consumer Code:

“The right of withdrawal may not be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.”

The entire service is then carried out by Datasure, which enables the service to be triggered as soon as possible. In practice, the Internet user who, after having placed an order, carries out the entire deposit process and definitively validates the shipment, by proceeding with payment, to obtain the service immediately, waives his right of withdrawal.

The right of withdrawal cannot then be exercised under any circumstances, in accordance with the law, and no cancellation will be possible.

 

  1. Price and payment terms
    • Prices

The prices of the various offers are presented on the site on the “prices” page of the corresponding offers and are indicated in euros excluding tax (HT) – the value-added tax needing to be added, at the rate in force at the time of the order.

The total amount, including all taxes (TTC) and expressed in euros, which must be effectively paid by the Internet user, is indicated in the various stages of placing the order as well as on the pages specific to the characteristics of each service offered.

Unless otherwise indicated, the costs of commissioning are included. The agreed price is the one indicated at the time of the order placement. VAT at the standard rate is due automatically.

  • Terms of payment

Datasure offers the Internet user the option of paying for his/her order by credit card (Credit card, Visa, Mastercard). Datasure uses a secure payment service. The banking information provided is not kept by Datasure, except at the express request of the internet user in his/her customer area to place future orders.

To pay for the order by another means of payment, it is advisable to contact the Datasure service directly by email (support@copyright.eu) or by telephone (+33.465.844.434.).

Payment of the full price must be made to validate the order.

  • Billing

For each order:

  • Datasure creates an invoice accessible in PDF format in the “Orders and Invoices” tab of the Client Area when the order is completed;
  • Datasure sends the client the invoice in PDF format by email when the order is completed, in the order confirmation.

By accepting the contract and placing the order, the client agrees to receive the invoice in electronic format.

It is advisable to keep the invoice as proof, by printing it out or by archiving it on a reliable and durable medium.

  • Reservation of price changes

Datasure retains the right to modify the prices of the offers presented on the site at any time. Where applicable, the new price will only be applied to orders placed after the new price comes into force.

 

  1. Turnaround time for services

For the Copyright.eu service, once the order has been completed, the files are immediately stored and Datasure makes the anteriority certificate available within a period which is generally 15 minutes. However, in the event of technical difficulties, this time may be up to 48 hours without the client being able to complain to Datasure, as this delay may be necessary to carry out or have carried out technical checks or regularisations.

Also, the “IPSO” number enables the validity of the certificate to be verified publicly via the website www.copyright.info, and the corresponding link is activated within a maximum of one hour after the clearance certificate is issued. If this link does not work within the time limit indicated, the client must inform Datasure so that the necessary steps can be taken within 48 hours with the Copyright.info register.

 

  1. Obligations and responsibilities
    • Datasure’s obligations

Datasure undertakes to:

  • Satisfy its clients’ requests within the limits of the system’s capacities and technical constraints;
  • Implement all the means at its disposal for the execution of its services. Datasure remains bound by an obligation of means due to the specific nature of the IT tools and the use of external service providers;
  • Take measures to ensure the protection and confidentiality of information transmitted by the client and ensure that it is processed following the GDPR (see our Legal Notice).

 

  • Client’s obligations

The customer undertakes to:

  • Provide valid, sincere, and accurate information in the context of a registration, use of the services and communications with Datasure, and keep it up to date;
  • Ensure that he has all the necessary rights to the files he/she uploads to the platform;
  • Fairly use the Datasure services;
  • Respect the GTCS and GCU;
  • Pay the price corresponding to his/her order.

 

  • Warranty limits

Following the GCU:

  • Datasure is not responsible for the consequences of the communication of erroneous information by the client;
  • Datasure is not responsible for the content of the deposit within the framework of the Copyright.eu service. It is the responsibility of the client, who files his/her creations, to ensure the quality, readability and visibility of the files, the accuracy, integrity, validity, and sincerity of the information transmitted, and to ensure that he/she has the rights on the files deposited;
  • Datasure only guarantees anteriority through the service that it delivers and never retroactively thereto, nor does it guarantee the originality of the creations deposited within the framework of the Copyright.eu service, being solely a service of proof of anteriority. It is the sole responsibility of the Client to carry out verifications of prior rights;
  • The client acknowledges that Datasure may not be held liable in the event of direct or indirect damage caused by the client as a result of the conclusion of a contract for the provision of Datasure services or in the event of unlawful use of the services by the client;
  • The client acknowledges that a deposit with Datasure’s services does not result in the creation of intellectual property rights, but merely constitutes a method of proof;
  • Datasure does not provide legal advice and therefore does not provide legal consultation or legal representation. For all legal matters, it is the responsibility of the client to seek advice from an attorney or other person authorised by law to provide legal advice;
  • The information provided on the Site and in its communications is not exhaustive and Datasure does not guarantee the legal effectiveness of the information contained on its Site or in its communications;
  • Datasure may suspend or limit access to the services and the Site to allow for repairs, maintenance, and the addition of new features or new services;

 

  • Force majeure

In the occurrence of an event of force majeure within the meaning of article 1218 of the Civil Code and case law, preventing Datasure from fulfilling its contractual obligations as set out in the GTCS and GCU, these obligations will be suspended and Datasure may not be held liable. In this case, the Client will be informed by Datasure.

 

  1. Customer Support

Datasure can be contacted by telephone for the proper execution of this contract, from 9 a.m. to 12.30 p.m. and from 1.30 p.m. to 5 p.m. from Monday to Friday on +33 465 844 434.

Customer Support can also be contacted online in three ways: either via a support ticket (“Assistance” area), by chat, or directly by email by writing to us at support@copyright.eu.

 

  1. Handling of complaints

Any complaints can be handled by the customer service department under the contact conditions mentioned above.

 

  1. Severability of clauses

The invalidity of one of the clauses of these GTCS shall not invalidate the entire GTCS. In this case, the other clauses shall continue to be effective.

 

  1. Waiver

The fact that Datasure does not claim the application of one or more clauses of the GTCS shall not be interpreted as a waiver of its rights for the future exempting the internet user from complying with the GTCS, or as a waiver by Datasure of its right to claim the other stipulations of its GTCS.

 

  1. Applicable law and competent jurisdiction

French law is applicable to all relations entered into with Datasure. In the event of any difficulty, the Court of Appeal of Montpellier shall have jurisdiction.