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 30/09/2022
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”.

Tel: +(33) 1 84 80 75 02

Email: support@copyright.eu

 

2.    Object

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 Copyright.eu services, which are accessible on https://www.copyright.eu (the Website or Site).

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

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

 

3.    Scope of application

These general conditions of sale apply between Datasure and any person expressing his/her 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.

a.     Determining the status of the Customer

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.

b.     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“).

 

4.    Language

The main language is French. It is used for all proceedings 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 Customers 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 a comprehensive response, Datasure’s customer service shall be provided exclusively in writing, as the telephone customer service provided shall not be obliged to intervene in this language.

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

 

5.    Scope of pre-contractual information

Datasure makes every effort to satisfy the pre-contractual information that is necessary for any Customer. However, if any information is not provided by Datasure and is of decisive importance to the Customer with a direct and necessary link to the contractual content or the quality of the parties, it is the responsibility of the Customer to contact Datasure to obtain the information he/she 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 Customers 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) 1 84 80 75 02

Email: support@copyright.eu

Datasure may not be held responsible for not having informed the Customer 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 Customer places an order for one of Datasure’s services, he/she accesses the general and special conditions of service applicable to him/her at the time of the order process. He/she is asked for his/her express acceptance of these conditions to be able to proceed with his/her order, and he/she may keep a copy by downloading them in a standard format (PDF). Datasure advises the Customer to retain and print these documents.

 

6.    The services offered

The offers proposed by Datasure are valid as long as they are proposed on the Site. Details of the offers are available on the “Pricing” page.

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 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.

 

7.    The services offered

Datasure offers several services whose characteristics are mainly detailed on the “Pricing” page.

The Customer must refer to these pages to find out about them. They are accessible on the Datasure 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 Customer on these pages to inform him/her of the characteristics of the offers proposed and to enable him/her to make an informed decision.

The customer support team provides a telephone number, an email and online support (contact form) to provide further information to any Customer in addition to the information available online.

 

8.    Copyright.eu services: anteriority proof 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 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 – Anteriority certificates issued by Datasure”.

Very important: The Customer is reminded that the Copyright.eu services only provide proof of anteriority with a certain date via a computer system, and do not guarantee at any time that the files he/she submits meet the legal conditions of protection by the intellectual property rights concerned for the possible creations that these files would represent. The same applies to any other type of right, including those relating to unfair competition

As part of its duty to inform, the service provides the Customer with important Documentation to inform him/her, through the provision of basic legal information, about his/her rights and the interest or not of using the proposed service. In addition to this publicly accessible Documentation, the Customer support team is available from Monday to Friday to transmit this basic legal information by telephone or e-mail at the Customer’s request to help him/her decide whether or not to use the proposed service. Finally, it is also reminded that the production in court of a Copyright.eu anteriority or time-stamping certificate does not guarantee the outcome of a possible dispute.

Datasure offers two types of anteriority proof services to its customers in order to meet different needs: Express Timestamp and Deposit offers (Standard and Premium).

a.     Express Timestamp

Express Timestamp is an adapted offer for isolated creations (1 file), without continuity of creation, not requiring a probative backup, but for which it remains essential to constitute a proof of anteriority.

This offer makes it possible to obtain a Timestamp certificate for a file. This certificate includes the name of the file, its unique digital fingerprint, a description written by the Customer as well as the author’s name. The certificate has a qualified electronic timestamp, with legal value, providing an unfalsifiable date certain.

There is no limit to the size or type of file for this service. The file is not downloaded by the Copyright.eu platform: it does not leave the Customer’s computer, ensuring the confidentiality of the creation.

Consequently, it is important to note that, for the Express Timestamp service, the file is not stored by Datasure. Therefore, before using this offer, Datasure strongly recommends making sure that you have personal storage space and that you can keep the initial file in conditions that guarantee its integrity and durability over time. Indeed, if the initial file used for timestamping is destroyed, lost, or modified, the proof of anteriority contained in the timestamp certificate will be unusable.

Finally, it is also important to note that the Express Timestamp service does not allow for the use of the additional repository system.

For more information on the use of this service, please consult our documentation on the subject.

b.     Deposit offers (Standard and Premium)

The Standard and Premium Deposits meet the needs of creators and professionals seeking to secure their rights. In addition to proof of anteriority, they offer a range of additional services.

These offers make it possible to obtain a certificate of anteriority for a filing of up to 5 files of 1 GB each (i.e., a total of 5 GB per filing). This certificate includes the title of the deposit, the names of the files, their unique digital fingerprints, a description written by the Customer as well as the author’s name. The certificate has a qualified electronic time stamp, with legal value, providing an unfalsifiable definite date.

Uploaded files are deposited on the secure Copyright.eu platform and saved according to the provisions contained in the section “Retention period – Files deposited on the platform” below. The backup of the files within the framework of the deposit service is carried out by Datasure for evidential purposes, in accordance with the section “Legal guarantee” of these GTC.

Datasure commits itself to the confidentiality of the files deposited on its platform and signs a confidentiality agreement (NDA – Non-Disclosure Agreement) for each deposit.

In the case of a “Premium” filing, Datasure shall send the certificate of anteriority and the files in parallel to a bailiff’s office as from the receipt of the order. A bailiff’s report is then drawn up within 72 hours and sent to the Customer by email and post.

Another advantage is that the deposit service allows you to benefit from the additional deposit system.

Finally, Datasure offers a legal guarantee for the deposit services, details of which can also be found in the “Legal Guarantee” section of these GTC.

c.      Terms and conditions of Copyright.eu services

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

During the deposit, the Customer 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 Customer receives an email within a maximum of 48 hours with the timestamp or anteriority certificate and, for Deposits offers, an email transmitting a non-disclosure agreement (NDA) signed by Datasure.
  • The certificate is available in the Customer’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). The files and description of the deposit remain confidential and inaccessible to third parties, only the title of the deposit (or the name of the file in case of Express Timestamp) and the name of the author appear on the register.

Datasure also carries out the legal electronic archiving (via the SAE Arkhinéo) of the timestamp and anteriority certificate, regardless of the offer chosen. The proof of this archiving is available only on request by email. Datasure shall then transmit this proof within a reasonable period and by email.

d.     Retention period

                                                       i.      Anteriority certificates issued by Datasure:

Datasure retains the timestamp or 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.

                                                     ii.      Files deposited on the platform (for Deposit offers only):

For Standard and Premium offers, Datasure contractually undertakes to keep the deposited files for a minimum period of 5 years from the date of deposit on the Copyright.eu platform.

Datasure also undertakes, during this 5-year file storage period, to be able to return the files or to allow the Customer to retrieve them directly in his or her Customer Platform. This is considered “hot data” storage as the files can be actively requested by the Customer during this 5-year.

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 Customer. Thus, access to the files may only be made at the express request of the Customer 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.

As part of the Premium Deposit offer, the anteriority certificate and the files are kept in the records of a partner bailiff’s office for the legal period of 25 years, in addition to the unlimited back-up provided by Datasure under its obligation of means.

                                                    iii.      Depositor’s precautions

The Depositor, holder of the rights on the creation, must take all useful precautions to preserve its intellectual property rights, in particular by contractual and confidentiality measures with regard to its customers, suppliers and employees.

It is also recommended that the Depositor keeps an intact copy of the deposited files.

                                                    iv.      Return and/or destruction of deposited files

The Customer who made a Standard or Premium deposit may, at any time during the contractual relationship, request Datasure to return and/or destroy the files.

The return of the deposited files means the recovery by the Customer of all or part of the files, provided that export is technically possible, and the destruction of these files after the return. The destruction of the files means the deletion of any backup of the files on the Datasure platform and infrastructure.

The request must be made by the Customer by registered letter with acknowledgement of receipt. Datasure undertakes to respond to this type of request within a reasonable time.

In the event of a request for restitution and/or destruction issued by the Customer, Datasure and the Customer undertake to actively cooperate to determine the modalities for the implementation of the procedure.

The Customer acknowledges that Datasure is no longer responsible for the usability of the anteriority proof and that it may not in any way request Datasure to execute these GTC after the return and/or destruction of the files saved by Datasure following a request from the Customer.

 

9.    Ordering services and concluding the contract online

a.     Registration on the Site

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

  • Take advantage of the services.
  • Find all the necessary documents and information in their online Customer Platform.

The creation of an account is free of charge.

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

b.     Preparation of the order

To place an order, the Customer 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 Customer must then select the service offer that corresponds to his/her needs.

When placing an order, the Customer is reminded of the following:

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

c.      Correction of errors in the order

At this stage, the Customer 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 Customer, for example, the omission of information or erroneous information. However, it is up to the Customer to ensure that there are no errors in the order.

d.     Formation of the online contract and final validation

The Customer must then confirm his/her. 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 Customer demonstrates, by his/her acceptance, his/her wish to commit himself/herself by placing and confirming an order for one of the services that Datasure offers online.

The Customer consults and accepts the contractual information as set out in the 2nd paragraph of “5. Scope of pre-contractual information”.

The completion of an order, materialised by placing it via the site’s system or by any other means (order by telephone, e-mail, etc.), implies unreserved acceptance of these terms and conditions. By placing an order, the customer is obliged to pay for it.

The same confirmation process must be repeated for each order, even if the Customer 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 Customer must confirm this action by the “double-click” technique, which implies that the Customer 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 Customer’s agreement to the commencement of the performance of the services.

e.     Archiving and proof

The summary of the order is archived by Datasure and transmitted to the Customer 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 Customer.

f.       Right of withdrawal

Insofar as the Customer 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 Customer 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 Customer 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.

10.                   Price and payment terms

a.     Prices

The prices of the various offers are presented on the website on the “Pricing” 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 Customer, 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.

b.     Terms of payment

Datasure offers the Customer the option of paying for his/her order by credit card (Credit card, Visa, Mastercard) or PayPal.

Datasure uses a secure payment service. The banking information provided is not kept by Datasure, except at the express request of the Customer in his/her Customer Platform to place future orders. This information is encrypted and not accessible in clear text by Datasure or any other person.

To settle the order by another means of payment or if a purchase order is required for the payment of invoices issued by Datasure, please contact the Copyright.eu department directly by email (support@copyright.eu) or by telephone (+(33) 1 84 80 75 02).

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

c.      Billing

For each order:

  • Datasure creates an invoice accessible in PDF format in the “Orders and Invoices” tab of the Customer Platform when the order is completed.
  • Datasure sends the Customer 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 Customer 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.

d.     Reservation of price changes

Datasure reserves the right to modify the prices of the offers presented and the various associated services on the site at any time. In this case, the new price and the new services shall only be applied to orders placed after the new price and/or the services as modified have come into force.

 

11.                   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 Customer 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 Customer must inform Datasure so that the necessary steps can be taken within 48 hours with the Copyright.info register.

 

12.                   Obligations and responsibilities

a.     Datasure’s obligations

Datasure undertakes to:

  • Satisfy its customers’ 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 Customer and ensure that it is processed following the GDPR (see our Legal Notice).

b.     Customer’s obligations

The Customer undertakes to:

  • Provide valid, sincere, and accurate information in the context of a deposit, use of the services and communications with Datasure, and keep it up to date.
  • Ensure that he/she has all the necessary rights to the files he/she uploads to the platform.
  • Not to seek, through the services offered by Datasure, to obtain undue recognition of any right whatsoever and in particular of intellectual property rights that it does not possess, or on which a dispute has already arisen.
  • Not to transfer, through the Platform, any Data that could damage the Platform or the Site and prevent its proper functioning.
  • Fairly use the Datasure services.
  • Respect the GTCS and GCU.
  • Pay the price corresponding to his/her order.

c.      Warranty limits

Following the GCU:

  • Datasure is not responsible for the consequences of the communication of erroneous information by the Customer.
  • Datasure is not responsible for the content of the deposit within the framework of the Copyright.eu service. It is solely the responsibility of the Customer, who files his/her creations, to ensure the quality, readability and visibility of the files, the accuracy, integrity, validity, sincerity of the information transmitted, and ensure that he/she has the rights on the files deposited.
  • On no account shall Datasure be liable for the destruction, loss, or modification of the file for which a Time-Stamping Express has been performed, rendering the use of the Time-Stamping certificate as proof of anteriority in the framework of its Time-Stamping Express offer unusable.
  • Datasure only guarantees anteriority through the IT 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 Customer to carry out verifications of prior rights.
  • The Customer acknowledges that Datasure may not be held liable in the event of direct or indirect damage caused by the Customer 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 Customer.
  • The Customer acknowledges that a deposit with Datasure services does not result in the creation of intellectual property rights, but merely constitutes a method of proof, as stated in 8. Copyright.eu services: anteriority proof service.
  • Given the intrinsic characteristics of the Internet, in particular, those relating to the unreliability and lack of security of the information circulating on it, it is agreed that no technology allows to completely guarantee, over time, the integrity of the data stored on a digital medium and that Datasure shall take reasonable precautions for the conservation of the files entrusted to it.
  • Datasure does not provide legal advice and therefore does not provide legal advice, legal consultation, or legal representation. For all legal matters, it is the responsibility of the Customer 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. Customer support is only used to communicate raw, non-personalised legal information or information relating to the operation of the service. The documentation sheets serve as support and must be consulted by the Customer before requesting Customer support.
  • 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.

It is agreed that under no circumstances shall the compensation for the loss suffered by the Customer as a result of a proven fault on the part of Datasure exceed, for all claims combined, the amount exclusive of tax of the sums invoiced to the Depositor by Datasure.

Datasure shall not be subject to any other obligations than those provided for in the GCU and GTC between the Customer and Datasure.

d.     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 Customer will be informed by Datasure.

 

13.                   Intellectual Property

The brands, logos, signs and all the contents of the site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.

The Datasure brand is a registered trademark of Datasure. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is strictly prohibited.

The Customer must request prior authorisation from the site for any reproduction, publication or copy of the various contents. He/she undertakes to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

Any total or partial representation of this site by any means whatsoever without the express authorisation of the website operator would constitute an infringement punishable by Article L 335-2 et seq. of the Intellectual Property Code.

In accordance with article L122-5 of the Intellectual Property Code, the Customer who reproduces, copies, or publishes protected content must cite the author and the source.

 

14.                   Confidentiality

a.     Confidential information of Datasure

The Customer undertakes never to communicate any elements relating to the Platform to which it has access to anyone without the express authorisation of Datasure. This applies to the organisation of the services, their operation, design, source code and any other element (this list is not limitative). He/she makes the same commitment to any person to whom he/she would demonstrate the use of the Platform, but also to those to whom he/she may delegate a deposit.

b.     Confidentiality of Deposits

All information relating to Deposits made with Datasure is strictly confidential. Only the Depositor, its agent or any person duly authorised by the rights holder and duly identified by Datasure is authorised to request and obtain information concerning the Deposit.

By way of exception, and upon request of any competent administration or any court, Datasure may carry out searches concerning the Deposits. The enquiring party shall make a written request, accompanied by documents proving their identity and their authorisation to obtain such information.

The information that Datasure may provide to the enquiring party is the date of the first registration and/or the last update, and the identity of the owner of the rights.

 

15.                   Legal guarantee

a.     Provision of files in the event of litigation

In the continuity of the provisions of the section “Retention period – Files deposited on the platform” of the present GTC, Datasure allows the backup of the files deposited in the context of Standard and Premium deposits for evidential purposes.

Thus, Datasure keeps the files deposited by the Customer and undertakes to provide these files on the Customer’s express request to its services, by autonomous download from its Customer Platform, or, if the hot storage period has expired and a legal dispute concerns the said files, by secure links provided by Datasure.

b.     Intervention of Datasure in legal proceedings

Datasure offers a legal guarantee for its Deposit offers (Standard and Premium) in the event of legal proceedings in which the probative value of the Certificates issued by its services is called into question.

This guarantee consists of the voluntary intervention of Datasure, on the express and motivated request of the Customer, to provide its technical expertise and any useful element allowing to confirm the admissibility of the Copyright.eu Certificates as a means of proof in the context of legal proceedings to which the Customer is a party.

To request Datasure’s intervention, the Customer shall send its request by registered letter with acknowledgement of receipt and bring:

– Proof of the proceedings to which it is a party,

– Proof of the questioning of the admissibility of the Copyright.eu Certificate as a means of proof in the context of the proceedings (example: request from the pre-trial judge).

The request for intervention under this legal guarantee shall be transmitted to Datasure in such a way as to allow a reasonable period of preparation for the intervention.

This legal guarantee is therefore only valid:

– For certificates of the Standard and Premium deposit offers,

– In the context of legal proceedings to which the Customer is a party,

– Exclusively in the European Union,

– For an intervention concerning the evidential value of the certificates.

Datasure reserves the right to refuse the request for intervention if it does not meet the conditions of the present legal guarantee clause, that it is judged by its services as abusive (Example: several simultaneous legal proceedings or relating to an identical dispute) or that Datasure has no interest in acting in the case (Non-limitative example: the dispute does not relate to the probatory value of the certificates issued by its services).

The present legal guarantee clause does not constitute, under any circumstances:

– Neither a guarantee of legal representation, Datasure only provides technical expertise on its time stamping and services,

– Neither an intervention on other subjects than the probatory value of the Certificates issued by its services,

– Nor a guarantee of the costs inherent to legal proceedings, these remaining at the Customer’s expense.

 

16.                   Protection of personal data

To perform the Services, the Customer is informed that his/her personal data are processed in a computer system. This data is not transferred to third parties. The Customer has the right to access, communicate and rectify this data and may contact Datasure directly at support@copyright.eu.

The Customer accepts without reservation the processing of personal data for the execution of the contract.

Datasure shall put in place all administrative, physical, and technical means necessary to protect the security, confidentiality, and integrity of the Customer’s data, in accordance with the provisions of its Privacy Policy.

These means shall include measures to prevent any access, use, modification, or disclosure of the Customer’s personal data by any third party or Datasure staff, except:

– To provide the Service and prevent or resolve technical or Service-related problems,

– As required by law in accordance with the provisions of these GTC and the GTCU,

– Or as expressly authorised in writing by the Customer.

 

17.                   Insurance

Datasure has subscribed to the necessary insurance policies to cover the risks associated with the exercise of its activity.

 

18.                   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) 1 84 80 75 02.

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

 

19.                   Handling of complaints

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

 

20.                   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.

 

21.                   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 Customer from complying with the GTCS, or as a waiver by Datasure of its right to claim the other stipulations of its GTCS.

 

22.                   Modification of the GTC

Datasure reserves the right to modify at any time the terms, conditions and mentions of these GTC, as well as the products, services and prices mentioned on its Site, at the moment of its choice, at its sole discretion and without prior notice. The modifications apply as of their posting on the Site to all accounts and all accesses, and all current or future services.

 

23.                   Applicable law and jurisdiction

French law applies to this contract.

If a Customer considers initiating an action or claim, the respective representatives of the parties undertake to meet as soon as possible to seek an out-of-court settlement within 15 days of the invitation to the said meeting by the most diligent party. In all cases, the meeting shall take place via a videoconference or, failing that, at the registered office of Datasure.

If the parties fail to reach an amicable agreement on the dispute within thirty (30) days of the meeting, exclusive jurisdiction is expressly granted to the Tribunal Judiciaire de Béziers, notwithstanding multiple defendants or the introduction of third parties, including for emergency proceedings, protective proceedings, and petitions for any dispute between them concerning the formation, validity, interpretation, execution, expiry, or termination of these Rules.