Invokit let entrepreneurs optimize their sales
Easy and quick sales management is the key to business performance
The Registration to the Services by the Client implies acceptance without reservation to these Terms and excludes the application of any different or contrary rules that may appear on business documents or the terms of purchase of customer.
The fact that Easybill does not prevail, at some point, of these Terms shall not be understood as a waiver by the latter to take advantage later of any of those conditions. Easybill reserves the right to modify these Terms at any time, without notice, provided that such changes will not apply to subscriptions and services Invokit previously entered into by the Customer.
In case of ambiguity and / or inconsistency between these Terms and any other documents on the site of Invokit called "invokit.com" these Conditions will prevail.
These Conditions of Sale apply to all orders received by the company Easybill, whether from professionals, merchants, companies or individuals.
The information on the various pages on invokit.com website are only indicative, Easybill may be required to change them at any time without notice.
Acceptance of the Client and the formation of the Contract will be evidenced by his signature, embodied by the "approval click". This electronic signature is considered a handwritten signature between the parties. This is equivalent to the Client to acknowledge that he has read and understood and agrees with, without reservation, all the conditions listed below. Except as limited under these Terms and Conditions, the order signed electronically by the Client, through the "approval click", or the order signed by the Client and sent by fax or Easybill by mail order is final and can not be retracted. Under these conditions, Easybill invites customers who have logged onto his website invokit.com to carefully read the Terms and Conditions below..
The provisions of these General Terms and Conditions apply between Easybill and its customers whatever the sales channel.
Article 1 - Definitions
The following terms have, in the present, the meaning given to them unless otherwise noted.
- Administrator (s) of a Client: Representative (s) of the customer to Easybill with knowledge of the ID with access to all functions of the software Invokit for which the Customer has registered (contracted with Easybill) and may also have access and modify data relative to the registration.
- Client: any person or entity has registered for a fee or free to use the software Invokit in respect of the Conditions.
- Agreement: means the entire contract consists of the Registration by the Client on the website invokit.com to use the software and acceptance of these Terms.
- Cookie: all information created and stored in a small file from a server on a computer that connects to that server. This information can be replayed and modified by the same server during subsequent connections.
- Frame: part of HTML page whose information is managed independently of other frames on the page.
- Host: Easybill provider that outsources hosting software and Invokit database data.
- Username: conjunction of "subscription code", the "user code" and "password" necessary for a user to connect. Two or more users cannot use the same identifier to connect simultaneously.
- Registration: Action of Registration by the Client to use the Software for a fee or for free. The Registration is equivalent to an order.
- Internet: public network of interconnected computers and servers which are located in multiple geographical locations worldwide.
- Invokit software or Software or Service: all Software offered by Easybill used by customers using Internet technology.
- Password: it is associated with the user code and is required when connecting
- Browser: Software used to navigate computer networks and databases, especially on the Internet.
- Invokit portal: Easybill website presenting the Products and Services Invokit which the Customer must be connected to (directly or via a partner site) to subscribe and use the software Invokit.
- Product and / or Service: means any product or service offered to the Customer on the site www.invokit.com
- User: means a human person using the Software with an identifier.
Article 2 - Characteristics of the Services offered by Easybill
Easybill provides its customers a paying service for access to software that runs using Internet technology and accessible with this technology.
The Customer must then connect to the Internet site www.invokit.com to use the Software.
Using the Software is possible after the Customer has registered on the site.
The Customer has access only to the Software for which they are registered.
The Customer can have as many simultaneous users as they wish provided that you have previously created the corresponding identifiers.
Besides the provision of software, Easybill Service also consist of the provision of disk space for each Client and access to its data is included in the paying packages and is explicitly defined in the page "Pricing”.
The software can be modified based on improvements and updates made without informing the customers.
Easybill reserves the right to stop marketing the software.
The Customer will be notified by any means and will continue to have access to the Software for the duration of the subscription which he has subscribed or will have a minimum of one month's notice before access to the software is permanently discontinued.
The Client shall take, within such period, all provisions to backup its data.
Cessation of marketing of a product or service by Easybill does not give right to any compensation or redress whatsoever on the part of the Customer.
It is expressly stipulated that Easybill provide the Software but can never be a substitute for any business function at the Client company. Easybill advices are given only for the use of the Software and in no way for the organization or management of its Clients business.
Article 3 - Access to Service
Customer acknowledges that the techniques used by Easybill are a complex area of computer technology. The commitment of Easybill has the character of an obligation of means, Easybill have to limit as far as possible in time and number interruptions of services necessary for their maintenance or improvement.
It is therefore to the Customer to take action against these risks. Easybill will not be held liable for damages suffered by the Customer due to the unavailability of its services. Easybill reserves the right to refuse the presence on its servers of files imported by customers that would be considered technically non-compliant or impairing the Software performance.
Article 4 - Knowledge of Internet
The Customer declares to be aware of the characteristics and limitations of the Internet as described below:
- that data transmission over the Internet only benefits from relative technical reliability, circulating on heterogeneous networks with different technical characteristics and capabilities. Therefore, no one can guarantee the proper functioning of the Internet.
- that data circulating on the Internet is not protected against possible misuse, and thus the communication of passwords, PINs, and more generally, any sensitive information is performed at Customer's own risk.
- that the customer has the obligation to take all appropriate measures to protect its own data and / or software stored on its servers from contamination by viruses such as intrusion attempts in the IT system by third parties.
As a result of the foregoing, and with full knowledge of the characteristics of the Internet, the Customer waives any liability to Easybill concerning one or more facts or events mentioned above.
The Client is solely responsible for any damages direct or indirect, material or immaterial, caused by itself (or its agents) to Easybill because of illegal use of a hosting server. In the cases mentioned above, the Customer agrees to indemnify Easybill upon conviction against the latter to pay damages (including, without limitation, court costs, lawyer, attorney, etc).
In addition, the Customer agrees to reimburse costs incurred by Easybill repairing the damage he has caused.
Article 5 - Duration of Contract
The Agreement is effective on the day of registration by the Customer. It is subscribed to the term selected by Customer during his registration. The minimum contract is one month.
After this period, the Contract will be automatically renewed for the same duration as originally purchased by Customer.
The Customer may nevertheless decide at any time and without conditions to remove the automatic renewal of the Contract.
To do this, it will connect with the username administrator to gain access to the admin's account Invokit where this feature is available.
It is the responsibility of the Customer to anticipate the end of a subscription period whose consequences would be the sole responsibility of Customer.
Article 6 - Duration of the Offer
The sale offers contained in the Easybill catalog is governed by these Terms and applies to any product or service, as it remains online in the catalog.
Article 7 - Amendments to registration
The Customer may modify the online features of its registration. This means that he can register to use other software or otherwise terminate its registration for certain software.
All these operations can cause changes in the amount of services billed to the Customer each month. The Customer is kept informed during the modification of its entries.
Only the Client Administrators are empowered to amend its registration.
The cancellation of all entries equals to the Customer termination of the Contract.
Article 8 - Termination of Contract
A] Termination of Contract on the initiative of the Customer
The Customer may terminate the Contract at any time.
To do this the customer must log into their admin interface Invokit his account (with Administrator ID) where this feature is available.
If the Customer does not have the ability to connect to the Internet, it can terminate this Agreement by sending a registered letter with proof of delivery to Easybill’s headquarters.
No money shall be refunded to the Customer. He will continue to have access to the Software for the unexpired term of his contract.
The termination by the Customer will take effect after the unexpired period.
The Customer will be required to settle all remaining amounts due between the date of request for termination and end date of the Contract.
B] Termination of Contract on the initiative of Easybill for non-payment of an invoicee
In the case of a payment delay exceeds 15 days of any amount due by the Customer, Easybill can consider that the Contract has been terminated on the date payment is due.
Easybill then agrees to retain Client data sixty days after that date. Beyond the Customer's data will be destroyed without notice.
Easybill will retain any sums paid by the Customer for the subscription without prejudice to any damages, which Easybill could claim.
C] Termination of Contract on the initiative of Easybill for another reason
Easybill reserves the right to terminate the Agreement at any time in case of non compliance by the Customer of its obligations.
In addition, Easybill reserves the right to unilaterally terminate the contract if the amount of information loaded and / or exchanged by the Client would create operational problems for the servers and therefore the operation of these servers to other customers.
In both cases, the customer concerned will be notified by registered letter with proof of delivery and will have access to the service for a period not exceeding one month.
Amounts paid by the Client and corresponding to the unexpired term of his contract beyond the notice above will be returned to him.
In addition, Easybill agrees to keep customer data for a period of sixty days after the interruption. These data will be made available to him and after sixty days Easybill can destroy the data without the Customer being entitled to any damages and obtain any redress.
Article 9 - Management of additional identifiers
When Registering for an ID, the Software access is created for the Client.
However, if desired, the Customer may create other identifiers to provide access to its data to several people simultaneously.
The administrator can create and delete access at any time by logging into the administration tool of his account on the invokit.com website.
The creation or deletion of additional identifiers does not modify the data relating to enrollment and duration of the Contract.
The additional identifiers are billed monthly to the Customer. Each Additional identifier is created for a minimum period of one month and is charged to the Customer.
When deleting a User Name the subscription started will be due in full.
Article 10 - Suspension of Access
Easybill reserves the right in case of non-payment by Customer of any of its invoices (or pro forma invoice), or in case of breach of any provision contained in the Purchase Order or these Conditions, to suspend access to its services until full payment of amounts due.
Article 11 - Confidentiality
A] Privacy of Identifiers
The identifiers are strictly personal and confidential. The Customer agrees to keep it secret and not disclose it in any form whatsoever. Their transmission to third parties by the Customer is under his full responsibility.
Any use of identifiers is the sole responsibility of Customer.
In case of loss or theft of one of its identifiers the Customer must notify Easybill without delay by registered letter with proof of delivery to consider all appropriate measures.
B] Data Confidentiality
Easybill internal privacy: no employee of the company Easybill has access to data that the customer entered online, unless specifically authorized by the Client.
Only the Administrator is authorized to work for Easybill on the basis of raw data for well-defined needs: maintenance and updating.
Confidentiality of personal information of Client: Personal information is data about the business of the Customer (postal and email address, activity, etc..). These data are reserved exclusively to the management of the Client Registration and trade relations between the Client and Easybill.
Any of its information will never be transferred to another party unless requested by a court or governmental authority or judicial authority.
Article 12 - Data Protection
In conducting its registration, Customer agrees that Easybill can store, process and use data collected during this process. The information you provide is for Easybill. They may be processing or marketing commercial communications. The Customer has a right to access, modify, rectify and delete any data concerning them (Article 34 of the French law "Computers and Freedoms").
Data belonging to the Client and hosted by Easybill are and remain the property of the Customer.
Easybill agrees to keep such data confidential, not to make, apart from technical requirements, copies of data and make no use other than those provided for pursuant to these terms.
Article 13 - Easybill's Ownership
The items available on the site invokit.com such as software, databases, management tools, platform, web pages, text, photographs, images, icons, sounds, videos and more generally all of the information available to the Customer under this Agreement, are owned, fully and exclusively by Easybill.
They are part of its trade secrets and confidential information regardless of the elements that the components can not be patented or protected in the current state of legislation, a copyright or any intellectual property right or intellectual, or otherwise
The Customer may not, under any circumstances, reproduce, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, information and services from Easybill without the prior written permission of their authors or Easybill.
Invokit software and website invokit.com are recognized by the Client as a work of the mind itself and undertake to consider it as such by refraining including:
- copying or reproducing all or part of the Software by any means and in any form,
- to use the Software other than as strictly interpreted provisions of these Terms,
- translate or transcribe the software and / or documentation in any other language, or adapt or add to them anything that is not consistent with their specification, decompile or disassemble or apply the techniques known as "reverse engineering".
The Customer shall not acquire any other right whatsoever on the brand "invokit".
Neither party acquires a right of intellectual property on databases of the other, nor on its brands, designs, displays, graphics or software.
Services are available to the Customer as a subscription. This subscription does not grant the Customer private personal, non-transferable and non-exclusive right on the Service or any of its elements that includes a right of temporary reproduction, while connecting on his equipment, for storage purposes representation on the screen.
Easybill, suppliers, or their heirs own all intellectual property rights relating to the Services.
Article 14 - Obligations of the Customer
To use the Software, the Customer must have a computer allowing access to the Internet, an Internet connection (128 kbit / s is a minimum), and a recent browser that accepts cookies.
All costs necessary for the equipment and the connection of the Customer to the Internet and use of the Services offered by Invokit are the sole responsibility of Customer.
The Customer must use the Software in accordance with the terms described in the text of the online help of software and these Terms.
The Customer acknowledges having verified the adequacy of service needs and having received all information and advice he needed to enter into this Agreement from Easybill with full knowledge of the facts.
On this point, the Client acknowledges having been fully informed by Easybill of the extent of its contractual obligations under this Contract.
The Customer is acting as an independent entity and accordingly assumes all risk of its business. The Customer is solely responsible for the subscribed services, content information and files transmitted, distributed or collected, their operation and their update.
The Customer undertakes to respect the rights of third parties, including personality rights, rights of intellectual or industrial property such as copyrights, patent rights, designs and trademarks.
Failure by the Customer on one ore more of the points mentioned above, including any content that could rise to civil liability and / or criminal law will allow Easybill to disconnect and / or discontinue the Services without delay and immediately terminate the contract, without prejudice to any damages which Easybill could claim. Under these assumptions, the Customer agrees to pay the balance due on the date of termination, less the amounts already charged and collected.
The Customer agrees to comply with all legal requirements and regulations, particularly those related to computers, files and freedoms, including making any statement of treatment with the CNIL (French data privacy authority).
The Customer warrants Easybill any action claimed by a third, related to the content of information transmitted, distributed, reproduced including those arising from a breach of personality rights, a right of ownership related to a patent, trademark, to Designs to copyright or those resulting from an act of unfair competition or abusive or prejudicial to public order, the ethical rules governing the Internet, morality, respect for privacy (image rights, secrecy of correspondence...) or the provisions of the Penal Code.
The Customer will ensure that members of its staff in relation to the Software are trained to operate services on the Internet.
Article 15 - Obligations of Easybill
>A] Service Access
The obligation assumed by Easybill is an obligation of means.
In this context, it undertakes to exercise due care and diligence in providing quality service in accordance with industry practice.
Easybill will endeavor to provide access 24 hours on 24, every day of the year except in cases of force majeure, as defined in section entitled "Force Majeure" below, like breakdowns, failures due to the host, or maintenance necessary for the proper functioning of the Software.
Easybill will make every effort to provide quality of access sufficient and to monitor the traffic of the service of its customers. In case of high load, Easybill may depend on timely delivery of equipment from manufacturers or installation of Internet lines or writing new software.
Customer acknowledges that the software used on the server platform are of a particularly complex area in terms of computer technology and that the current state of knowledge, they can not possibly be tested for and experiences cannot cover all possible uses. The Client therefore agrees to bear the risks of inadequacy or unavailability of the server platform.
B] Interruption of service for maintenance and improvement
1) Interruption for minor updates
Downtime to update software and database structures can be made every day in the early morning.
This update does not cause an interruption of service of more than fifteen minutes.
2) Termination for important updates
Downtime for important updates (eg installation of new software, setting up a new version with significant changes on the database, etc..) occurs at most twice a month the 1st & 2nd Tuesday of each month.
Such updates may cause an outage from 10:00 p.m. to 6:00 am GMT.
3) Emergency interruption
If absolutely necessary, Easybill reserves the right to interrupt service to perform a technical intervention maintenance or improvement to ensure the smooth operation of its services and regardless of the time and duration of the intervention.
Outage does not entitle customers to any compensation.
Easybill agrees to take every reasonable precaution to ensure the physical protection of data and software.
Backups are performed using the following procedure:
- Backups are performed using the following procedure:
- a daily backup is kept up to the same day the following week,
- a weekly backup is kept up to the same day of the following month,
- a monthly backup is retained for three years,
- a yearly backup is stored indefinitely.
Article 16 - Warranty of Easybill
Easybill will not issue any guarantee expressed or implied, statutory or other performance or results or the information provided for its operations.
The information provided by Easybill has no character of advice.
The Software is deemed to be made available to Customer "as is" without being specific adaptation measures. They are similar to standard software packages that cannot meet all the needs of customers. It is therefore to the Customer to check the adequacy of services provided by invokit with its needs and to take all necessary precautions.
Article 17 - Liability of Easybill
Customer acknowledges having read all of its obligations and generally all conditions relating to the use of the Services offered by invokit.
Under no circumstances Easybill is be held responsible directly or indirectly for any damage caused to the Customer or any third party due to the use of the Service and this, whatever the cause.
Similarly, Easybill will not be held responsible directly or indirectly for any damages caused to the Customer or any third party due to the unavailability or malfunction of one of its services and, that whatever the cause and duration.
Easybill does not provide compensation for any direct or indirect, material or immaterial damage caused by the use of any of its services.
It is to the Customer's insurance to cover such risks or being his own insurer.
Clients and Users of Easybill waive all claims against Easybill, its subcontractors and partners.
Assuming responsibility for Easybill would be involved, the compensation for damages may not exceed the amount of the annual subscription of the Product or Service for an offending user.
This clause is considered essential and determining as Easybill who would not have contracted without her.
In addition, Easybill will not be liable for any damages, direct or indirect, resulting from the use of data accessible via the Internet.
Customer acknowledges that no provision of these do emerge from the obligation to pay any amount due to Easybill under the subscription agreement.
In addition, because of the characteristics and limitations of the Internet, the Customer declares to know perfectly that Easybill cannot be held liable for, including: lack of access to the site due to the saturation of the Internet, the virus contamination data and / or software of the Customer, whose protection is for the latter, malicious intrusions from third on the Customer's site, despite the reasonable security measures implemented by Easybill, the possible misuse of passwords, PINs, and more generally of any sensitive information from the Customer.
Easybill does not warrant that the Service is free of anomalies or errors, or that they may be corrected, or that the Service will operate without interruption or failure, or that it is compatible with a material or configuration other than that expressly approved by invokit.
Article 18 - Pricing and billing
The prices of all products and services delivered by invokit are indicated in the page "Pricing" on invokit site at: invokit.com. However invokit reserves the right to make promotional offers that can differ from the rates.
These prices are expressed in euros excluding tax. Billing to Customers will be made plus duties and taxes charged to the billing date.
Invokit prices accepted by the Customer on his account are guaranteed for the initial term of his registration.
After receipt of payment from Customer, invokit issue an invoice to the Client.
Invokit then issue an invoice monthly based on additional consumption of the Customer with respect to its initial registration (creation of additional identifiers, for example) and additional consumption of months related to the use of certain software (routing of e -mailings, for example).
The Customer has the option of paying invoices according to the following payment methods:
- by check in euros drawn on a French bank. The list of unpaid invoices is available online for the Client Administrators. The check should be made payable to: SAS Easybill and sent to the following address: SAS Easybill - 1 rue Fleming - 17000 La Rochelle.
- by credit card: the list of unpaid invoices is available online for the Client Administrators. It can perform its payment by credit card via a secure service provided by Mercanet – BNP Paribas. (No data on Customer credit cards is ever transmitted to the site and Easybill never know these details.)
- by bank transfer: the list of unpaid invoices is available online for the Client Administrators. Easybill banking information is specified during the subscription process and in the admin Customer's account.
All potential unpaid fees will be invoiced to clients.
All invoices issued by Easybill are payable upon receipt. However the Customer has a period of 7 calendar days to pay. Beyond this period, Easybill reserves the right to suspend access to its services until payment of all amounts owed by the Customer to Easybill.
Furthermore Easybill reserves the right to terminate the Contract in accordance with the provisions of Article 8.
Any invoice not paid when due shall bear interest as of right without prior notice, to a half times the applicable rate.
The Customer undertakes to inform Easybill of any change in his postal address and bank or any other information necessary to trade relations between the Client and Easybill.
Any disagreement concerning the Customer Billing Services must be expressed in a letter addressed with acknowledgment of receipt within fifteen days from the issue date of the invoice (or pro forma invoice). In the absence of such a letter, the Customer will be deemed to have accepted the invoice.
All invoices (and pro forma invoices) are available online and accessible for the Client Administrators. Invokit bills are not sent by mail, but if the Client requests so in writing, Easybill will send requested invoices by mail.
Easybill reserves the right to change its pricing at any time without notice. Clients will be notified by any means of these rate changes. The new rates will be effective immediately upon introduction to new clients or to new applications for existing customers. For Customers of a service, which the rate has been changed, the new rate will apply only after the initial period of subscription.
Easybill reserves the right to pass, without delay, any new tax or any increase in rates of existing taxes.
Subscription rates listed do not include Internet access and telephone line costs. It is the responsibility of the Client to connect to the Internet. Easybill cannot be held responsible for the quality of the connection proposed by the Internet Service Provider.
Article 19 - Reference
Unless otherwise agreed, Easybill can name the Client on any document, electronic or otherwise, for reference.
Article 20 - Subcontracting
Easybill reserves the right to subcontract all or some of the services its obligations under this Agreement.
Article 21 - Assignment
The Customer is expressly forbidden to charge for all or part of the rights and obligations held by him because of this Agreement.
Article 22 - Interoperability
In accordance with Article L122-6-1 of the Code of Intellectual Property, the Client may obtain from Easybill information on the interoperability of software used with other programs.
To do this, the Customer must send their request by registered mail to: SAS Easybill - 1 rue Fleming - 17000 La Rochelle. Easybill have a period of two months to send the requested information to the Customer.
The information will be communicated only to be used in order to achieve interoperability.
Under no circumstances does this information will be provided by the Customer to a third party whether for free or not.
Article 23 - Force majeure
Responsibility of Easybill will completely clear if the failure of either or all of the obligations imposed upon him and provided for in these Terms, the result of a force majeure.
For the purposes of these Terms, force majeure is defined as an unforeseeable and / or unavoidable and beyond the control of Easybill, such as, for example, a failure of the host.
If performance of the Contract, or any obligation to Easybill under the Contract and these Terms, is prevented, restricted or disrupted due to force majeure, Easybill will be exempt from the performance of contractual obligations considered.
In this case, Easybill may request the termination of this Agreement, without being required to pay any compensation, and continuing to receive amounts owed to the date of the termination request.
In any event, the defaulting party as a result of force majeure will hold the other party properly informed about the diagnosis for recovery or removal of force majeure, and the obligations of this Agreement will be suspended for the duration of force majeure.
Article 24 - General
This Agreement supersedes any proposal or prior agreement concerning the same subject.
The invalidity of any provision of the Contract under such a law, regulation or following a decision of a competent court has the force of res judicata and will not void the remaining provisions of contract that will keep their full scope and effect between the parties.
Nothing herein shall be deemed to have been discarded, supplemented or modified by either party without prior written note signed by authorized officers of the parties as an amendment to this Agreement, specifically related decision to exclude the application of a contractual term, complete it or modify it.
Easybill does not prevail at a given moment of any provision of this Agreement, and / or breach by the Customer to any of its contractual obligations shall be construed as a waiver by Easybill to take advantage later of any of these clauses or contractual obligations.
The notifications provided to these addresses will be made when the parties declare that take up residence in their respective home office.
Nothing herein shall be deemed to have been discarded, supplemented or modified by a party without a prior act, written and signed by the legal representatives of Easybill and the Customer, or their authorized agents.
This act prior written and signed should take the form of an amendment to this Agreement, specifically related decision to exclude the application of a contractual term, to supplement or amend.
Article 25 - Privacy of Information Act
In accordance with Article 34 of the Data Protection Act Clients and prospects who submitted personal information to Easybill have a right to access, rectify, modify and delete data concerning them.
All Customers and prospects can exercise this right by writing to the headquarters Easybill SAS Easybill - 1 rue Fleming - 17000 La Rochelle
Governing Law and Jurisdiction<
This Agreement is entirely subject to French law.
In case of any dispute arising in connection with the interpretation or execution of this Agreement, the parties shall endeavor to settle amicably before any legal action.
In case of persistent disagreement on the interpretation or execution of this Agreement, exclusive jurisdiction is given to the Paris Court, notwithstanding plurality of defendants or parties, even for emergency procedures or procedures academies in summary or by request.
Article 27 - Claims
The Customer must make all claims and / or protest against Easybill within 48 hours of their event.