Terms & Conditions

1. Preamble

The present contract defines the General Conditions under which the company Dédicace Software, SAS with a capital of 10,000 euros (“DÉDICACE SOFTWARE”), incorporated under French law, whose registered office is located at 4 route de la Côte à Bournet, 16440 MOUTHIERS SUR BOEME, registered in the Angoulême Trade and Companies Register under number B 531 466 167 (VAT: FR 07 531 466 167) undertakes to carry out for “the Customer” the “Backup” described in the Special Conditions.

These General Terms and Conditions are intended to govern all sales of products and the provision of services by “DÉDICACE SOFTWARE” under its “WeDoBack” brand, referred to in this document simply as “WeDoBack”.

“WeDoBack’s business is data backup and restoration, the implementation of disaster recovery systems and data storage.

Any order placed with “WeDoBack” implies unreserved acceptance of these Terms and Conditions, notwithstanding any clause to the contrary that may appear in the “Customer’s” documents.

They apply in their entirety from July 16, 2024, cancelling and replacing all previous versions.
They are inseparable from the current price list.

They take precedence over any general terms and conditions of purchase or any other document issued by the customer, whatever their terms.

All other conditions emanating from the Customer, provided that they are not in contradiction with the present, will only be valid if they have been accepted by “WeDoBack”, in a prior and express manner.

The fact that “WeDoBack” does not implement one or other of the clauses established in its favor in these General Terms and Conditions may not be interpreted as a waiver on its part to invoke them, nor as a modification of the contract.

“WeDoBack” reserves the right to adapt or modify these General Terms and Conditions of Sale and Services at any time.
Consequently, “WeDoBack” invites the Customer to consult the General Terms and Conditions of Sale and Services before placing any new order.
The General Terms and Conditions of Sale and Services in force at the time will be applicable to all orders placed from the time they are placed online.

The General Terms and Conditions of Sale are available at any time on the “WeDoBack” website at https://www.wedoback.net/cgv.

In addition, “WeDoBack” endeavors to provide the “Customer” with complete online documentation on the use of its service.
This documentation can be accessed from the WeDoBack network backup service website(https://wiki.wedoback.net).

2. Definitions

The definitions below have the same meaning whether used in the singular or plural.

“Customer” refers to all customers, professionals, companies, associations, etc. who purchase Products or order Services from “WeDoBack”.

“Backup” refers to operations consisting in securing digital data contained in the “Customer’s” information system.
“WeDoBack” uses the TCP and UDP network communication protocols to connect to remote systems.

“Restoration” refers to operations consisting in recovering “Digital Data” previously backed up by “WeDoBack” either at the original location or at any other eligible location requested by the “Customer”.

“Activation Recovery Plan (or ARP)”, also referred to in this document as “Service Maintenance”, refers to the operations consisting of implementing the solutions required to enable the “Customer” to benefit from an activity recovery capability in accordance with the conditions agreed between the “Customer” and “WeDoBack”.

“Business Continuity Plan (or BCP)”, also referred to in this document as “Service Continuity”, refers to the operations consisting of implementing the solutions required to enable the “Customer” to benefit from a capacity to maintain its activities by means of automated failover to backup servers in accordance with the conditions agreed between the “Customer” and “WeDoBack”.

“Digital Data” refers, in the singular or plural, to the digital working documents selected by the “Customer” for backup purposes.
If the “Customer” subscribes to the “INTEGRAL” offer, “Digital Data” also refers to programs and other files on physical or virtual hard disks selected by the “Customer”.

“Immutable backup” refers to a backup that cannot be altered over a defined period.
The data concerned cannot be overwritten, deleted or modified by anyone or anything during the period subscribed to by the customer.

“Data Volume” means the size of storage ordered by “Customer” from “WeDoBack” to store “Digital Data”.

“Service” means any service offered by “WeDoBack”, including consulting, support as defined below and backup.

“Parties” refers to the “Customer” and “WeDoBack” in their mutual commitment.

“Consulting” refers to assistance, advice, training and support related to the use, migration or choice of the information system.

“Troubleshooting” means maintenance, assistance, repair, restoration carried out in order to bring the information system back to operating conditions recognized as suitable by the ” Parties “.

“Product” means any product, software or hardware purchased from “WeDoBack” by the “Customer”.

“Service” refers to any intervention by “WeDoBack” on the “Customer’s” information system, carried out at the request of the “Customer” and subject to the validation of an order form or contract drawn up between the “Parties”.

3. Code of Ethics

Any intervention, sale or other action carried out by “WeDoBack” must comply with the company’s code of ethics.

The charter declares :

“WeDoBack has chosen an ethical policy that respects moral values and human dignity.

In doing so, “WeDoBack” will only accept the backup or restoration of data respecting the following limitations: Any content deemed offensive (content that is discriminatory, racist or xenophobic, revisionist or negationist, defamatory, violent or inciting to violence, likely to shock the sensibilities of the youngest, abusive or commonly considered vulgar, offensive, contrary to public decency or order, offensive to religious practices or beliefs, obscene, pornographic or pedophilic) is prohibited.

More generally, any content in violation of intellectual property rights and copyrights (texts, images, videos, trade secrets, internal or confidential information, etc.), laws and regulations in force is also prohibited on our servers.

Each customer whose data is saved by “WeDoBack” must ensure that the data respects these values.
In addition, each customer must ensure that no visitor may include comments, blogs or opinions contrary to the following limits:

Absence of racially offensive comments;
No abusive or vulgar language;
No language offensive to religious practices or beliefs;
No revisionist content;
No pornographic or pedophilic content;

Furthermore, for reasons of strict neutrality, no content of a political, philosophical or religious nature will be managed by ” WEDOBACK “.

Failure to comply with this code of conduct will result in :

Within the framework of a service provided by “WeDoBack”: immediate cessation of the services provided for the customer concerned on the server concerned, as long as the content does not comply with our charter;
In all other cases, no intervention by “WeDoBack” will be possible unless the content complies with our charter;

3.1 Details on the application of the Code of Ethics

In accordance with the values described in article 3 above, the application of the deontological charter implies the systematic and categorical refusal of any link with the following contents:

Hate speech, harassment, insults, threats, defamatory content against individuals, groups or states.
Suggestive, provocative or explicit adult content.
Unfounded, unverifiable, misleading or ambiguous information.
Dishonest or abusive activities or content.
Religious content, clairvoyance, astrology, occultism, etc.
Games of chance and gambling, as well as any game that causes addiction or dependence.
Weapons in general, war, revolt, demonstration.
Drugs, tobacco and all products that pose a threat to health.
Dating sites, libertarianism, swingers or other.

3.2 Application of the charter

In view of the values espoused by “WeDoBack” and their implications for its image and reputation, the “Customer” undertakes to refrain from any words, behavior, writing or any other attitude or action that would undermine this charter and the values it associates with “WeDoBack”.

Consequently, the “Customer” undertakes to :

– Behavior, language and attitude in general that respect and reflect the spirit of the charter, based on moral values and human dignity in its relations with “WeDoBack”.

– Apply this rule to all its employees and to any other person or organization with whom “WeDoBack” may have dealings within the framework of this contract.

– Not to sully or damage the reputation or image of “WeDoBack” in any way whatsoever, for example through social networks or any other means.

4. Nature of services

The network backup service offered provides the following services, depending on the backup level selected:

For “INTEGRAL” backup :

– Complete or incremental backup of the system and/or selected disks ;

– Complete restoration of the system and/or selected disks ;

– Retrieve one or more documents or files ;

– Access to the management interface ;

– Data encryption ;

– Data backup function check ;

For SMART backup:

– Full or differential backup of files and/or folders selected by the “Customer” (depending on modification date/time) ;

– Complete restoration of files selected by the “Customer” ;

– Retrieve one or more documents or files ;

– Access to the management console ;

– Data encryption ;

– Data backup function check ;

For “IMMUABLE” backup:

– Activation of unalterable data retention for the period defined by the “Customer”;

– Full or differential backup of files and/or folders selected by the customer (depending on modification date/time) ;

– Adjust storage volume according to data update history ;

– Complete restoration of files selected by the “Customer” at the desired date based on the history;

– Retrieve one or more documents or files ;

– Access to the management console ;

– Data encryption ;

– Data backup function check ;

For “Maintenance of service” (or PRA) :

– Implementation of the means required according to the needs of the “Customer”, which the “Customer” will have transmitted in advance.

–
Reserve the required
resources

– Function check

–
Automated server start-up tests

–
Simulation of
tilting

– Synchronization by any means in order to keep the recovery point operable according to the indications transmitted by the “Customer”.

For “Continuity of service” (or PCA) :

– Implementation of the means required according to the “Customer’s” needs, which the “Customer” will have transmitted in advance.

– Allocation of required resources

– Function check

– Set up a VPN link between the source and the PCA to enable data synchronization by the customer

The services offered by “WeDoBack” are complementary and cumulative.
The “Customer” is free to subscribe to one or more of the services offered.

4.1 Restoring after a server crash

“WeDoBack is not responsible for the equipment used by the Customer.

If restoration of the backups is not sufficient or possible (due, for example, to incorrect settings by the customer, an error in the customer’s assessment of the retention time he really needs, the absence of a target system capable of receiving the data, or any other event making restoration of the backups impossible), an estimate may be drawn up to propose a restoration service.

5. Control

5.1 Ordering

– All backup services require signature and validation by the “Customer”:

– of the present Terms and Conditions

– the order form, and the elements required according to the method of payment

– legal documents concerning privacy and the application of the RGPD

If a specific backup contract is drawn up between the “Parties”, the signature of said contract is also required.

The “Customer” acknowledges that the order form must contain a complete and precise description of the tasks to be performed.

– The order form may be sent by e-mail to the “Customer” or generated from the “WeDoBack” online store.
The “Customer” acknowledges and accepts the legitimacy of the order forms that he/she places from the “WeDoBack” online store, accessible from the Url https://www.wedoback.net.

– All services will only begin once all the required documents have been received, dated and signed by the “Customer”.

– By digitally signing the documents, the “Customer” acknowledges unreserved acceptance of the contents of the quotation and the applicable General Terms and Conditions of Sale, and declares that he/she has read them.

– In any event, orders only become final and binding on “WeDoBack” when all documents have been signed, received and validated by “WeDoBack”.
Receipt of the e-mail confirming the creation of the customer account will inform the “Customer” of the definitive nature of his/her order.
The “Customer” declares that he accepts and acknowledges the terms of this acceptance.

– Any service not indicated on the order form will not be carried out.

– Unless otherwise expressly indicated on the quotation, all purchase orders are valid for 1 month.

5.2 Cancellation, withdrawal, complaints

For consumer customers, in the case of distance selling, in accordance with articles L121-16 and L121-20 of the French Consumer Code, the “Customer” has a right of withdrawal within fourteen clear days, starting on the day following the date of signature of the quotation, order form or service contract.

However, and again in accordance with article L121-20-2, if the “Customer” requests and signs a document whose execution date does not allow the fourteen-clear-day period to be respected, the “Customer” acknowledges that he waives his right of withdrawal.

In any case, any definitive order cannot be retracted or modified by the Customer.

5.3 30-day money-back guarantee

During special advertising campaigns, “WeDoBack” may offer a “Satisfied or your money back 30 days” guarantee, as defined below:

At the signing of the contract, if the “Customer” has ordered an installation service provided by “WeDoBack”, the service subscribed to will be invoiced to the “Customer” and will not give rise to any reimbursement.
The “30-day money-back guarantee” applies only to backup services and not to ancillary services.

When the “Customer” subscribes for the first time to one of the services offered by “WeDoBack” and listed below, the “Customer” will only be invoiced for the first month after the first 30 days of use.

In addition, and in accordance witharticle 16 (Invoicing – Payment) of the present document, the invoice will include payment for the services subscribed to by the “Customer” for the coming month.

The “30-day money-back guarantee” means that the “Customer” will not be billed for any services to which he or she has subscribed and for which the “Customer” has expressly requested cancellation within 30 days of receipt of his or her service by e-mail to [email protected].

If the 30-day guarantee period ends during the calendar month following the order date, “WeDoBack” will exceptionally postpone its invoicing in order to respect the 30-day period.

The “Customer” declares that he agrees to pay the invoices due after this 30-day period in accordance with the conditions shown on the invoice.

Upon receipt of the e-mail from the “Customer” and after verifying its legitimacy, “WeDoBack” will immediately proceed to delete the services and will not invoice the subscribed services.

The six (6) month commitment period associated with the terminated service(s) will then be cancelled.

As installation costs are not covered by this warranty, the “Customer” declares that he nevertheless agrees to pay these installation costs in accordance with the conditions indicated on the invoice.

Services covered by the warranty :

– WeDoBack SMART
– WeDoBack INTEGRAL
– WeDoBack IMMUABLE
– WeDoBack PRA
– WeDoBack PCA

5.3.1 Warranty application limits

The warranty offered by “WeDoBack” only applies to the initial subscription to one of its services.
If the “Customer” subsequently subscribes to the same service (e.g. by adding a WeDoBack SMART offer to a new piece of equipment), the guarantee will not apply.

If a “Customer” already owns one or more “WeDoBack” service(s) but has never subscribed to the new service he/she is ordering (e.g. if the “Customer” has never subscribed to the WeDoBack PRA offer and orders a WeDoBack PRA service), then the warranty applies for 30 days to this new service.

If a “Customer” has already benefited from the 30-day money-back guarantee for the same service within the previous 2 years, the guarantee will not apply.

2 completed years between 2 applications of the guarantee are required before the “Customer” can again request to benefit from the satisfied or reimbursed guarantee for the same service.
This measure aims to protect “WeDoBack” against any abuse of the order followed by cancellation by the “Customer”.

Data saved by “WeDoBack” during the 30-day period will be destroyed upon receipt of the “Customer’s” termination request without the “Customer” being able to make a request to recover or restore its data.

Any request received from the “Customer” to recover or restore its data after the “Customer” has requested the termination of services will result in the cancellation of its termination request and will result in the invoicing of the subscribed services by operation of law and the activation of the commitment period.

The “Customer” declares that he/she has paid all sums due and that the service(s) subscribed to are valid for the duration(s) of the commitment.

6. Delivery

6.1 Deadlines

– WeDoBack” undertakes to deliver the requested Services or Products on the date specified on the order form or the work order signed by the “Customer”.

– In the event of annual closure, “WeDoBack” will endeavour to give the “Customer” at least two months’ notice.
Annual closure does not imply termination of any annual contract between the “Customer” and “WeDoBack”.

– The “Customer” acknowledges that if no date is expressly provided for in the signed documents, “WeDoBack” retains the right to set a date for the performance of the services.

– WeDoBack” shall not be held liable in the event of delivery deadlines being modified in the event of supply difficulties beyond its control, shortages of equipment or materials, transport difficulties, unforeseeable absence of personnel or teams assigned by “WeDoBack” to the performance of a service, or force majeure as defined inArticle 8 (Force majeure) below.

7. Conditions of performance

7.1 Obligations of “WeDoBack

– WeDoBack” undertakes to provide the “Customer” with a set of specific IT skills, and in particular qualified human resources.

– The services are provided by “WeDoBack”, which determines the composition of the work team and the organization of tasks, and is responsible for the supervision, direction and control of its employees.
Whatever the duration of the contract, the workers remain under the hierarchical authority of “WeDoBack” in all circumstances, and “WeDoBack” must be able to establish that each of them is bound to it by a contract that complies with current legislation.

– WeDoBack” undertakes to replace any defaulter as soon as possible.

– WeDoBack” may, at its convenience and without formalities, subcontract, but will assume full responsibility for doing so.

– WeDoBack” guarantees the integrity of the data entrusted to it, within the limits of the technical possibilities available to “WeDoBack”.
To this end, “WeDoBack” carries out daily checks every working day, as well as maintenance and increased surveillance of its servers.
The guarantee offered by “WeDoBack” is however limited to the correct application of articles 7.7 (Confidentiality and data security), 8 (Force majeure), 12 (Prerequisites) and 19 (Limits of liability) of these general terms and conditions of sale and in accordance with article 9 (Service maintenance) of these general terms and conditions of sale.

– WeDoBack” will endeavour to schedule maintenance operations as defined in Article 9 (Service Maintenance) at the most suitable times in order to minimise the impact on the “Customer”, although this cannot be guaranteed.

– WeDoBack” undertakes to comply with, and to ensure that its employees comply with, all the standards and procedures in force at the “Customer”, in particular the security and IT standards communicated to it, as well as the provisions of the internal regulations in force at its place of operation.

7.2 Obligations of the “Customer

– The “Customer” undertakes to make available to “WeDoBack” all documents, information and technical resources required to carry out the subscribed services.

– The “Customer” undertakes to provide, in a timely manner, the data and information whose communication is deemed useful by “WeDoBack” for the performance of the services.

The “Customer” shall ensure that its installation or equipment meets all of “WeDoBack’s” specifications, previously brought to the “Customer’s” attention.

– The “Customer” agrees to give access to the equipment concerned by the subscribed services to the “WeDoBack” teams.

– The “Customer” assumes responsibility for insuring all risks and all direct or indirect damage that may affect all of the said equipment and installations, and declares that it is and will be, for the entire duration of the present contract, covered by all insurance policies in accordance with current practice, particularly with regard to its civil liability to third parties.

– The “Customer” acknowledges the importance of the maintenance performed by “WeDoBack” and defined in article 9 (Service maintenance), of which he/she has been informed in advance by means of an information note.
The “Customer” accepts that such maintenance may result in the occasional absence of service and agrees not to hold “WeDoBack” liable for any loss during such periods.

– The “Customer” accepts that unforeseen or improbable events may alter the quality of the backup service, without jeopardizing the service itself.

7.3 Remote intervention

The Customer acknowledges that “WeDoBack” services require remote interventions to ensure the maintenance and proper functioning of the backup solutions provided by “WeDoBack”.
These remote interventions are intended to resolve problems, carry out updates, and ensure the continuity of backup services.

Access to the IT environment :

The “Customer” undertakes to provide secure access and to authorize “WeDoBack” to intervene remotely on its entire computer installation.
This includes access to servers, workstations and any other equipment relevant to the operation of the backup solution.

Active customer collaboration :

The “Customer” undertakes to cooperate actively with “WeDoBack” during remote interventions by providing all necessary information and facilitating access to the systems concerned.
This is to ensure that any problems encountered are resolved quickly and efficiently.

7.4 Data backup

If the volume allocated by “WeDoBack” at the request of the “Customer” does not allow the storage of the “Customer’s” “Digital Data” or if the retention period obtained does not correspond to the “Customer’s” needs, the “Customer” must then order additional storage space from “WeDoBack”.

“WeDoBack” cannot be held responsible for the impossibility of executing a backup due to a lack of available volume.

“WeDoBack” shall not be liable in the event of :

– immaterial damage and/or damage qualified as indirect, incidental, special or moral damage

– damages resulting from loss of profits, loss of opportunity, operating loss, loss of earnings, loss of data or deprivation of use suffered by “the Customer”.

– damage resulting from any faults linked to the Internet network, to the equipment responsible for circulating the required data or from disturbances or malfunctions in the data centers used by “WeDoBack” and of which “WeDoBack” is not the owner.

7.5 Restoring data

The “Customer” is solely responsible for selecting the “Digital Data” to be backed up.
Any “Digital Data” not selected by the “Customer” will not be saved and cannot be “Restored”.

If the “Digital Data” is encrypted in the information system, it will be restored in the same state.
The “Customer” is solely responsible for his ability to decrypt the information.

If the “Customer” has modified the “Digital Data” between the last backup and the time selected by the “Customer” to recover the items following an incident, the “Customer” acknowledges that the modifications are deemed lost, without any recourse against “WeDoBack”.

If the restoration requires an on-site intervention by “WeDoBack”, the “Customer” acknowledges that this operation will require the preparation of a specific estimate which must be signed and accepted by the “Customer”.

Restoration requests may only be made by one of the persons authorized and designated by the “Customer” in accordance with the legal documents concerning confidentiality and the application of the RGPD previously signed by the “Customer”.

7.6 Data retention policy

As the “WeDoBack” backup service is marketed on the basis of storage volume, the data retention period depends on the volume of data backed up, the frequency of backups requested or performed by the “Customer” and the amount of data modified between each backup.

Retention can therefore be adjusted by the “Customer” by :

Increasing storage volume
Adjusting backup frequency
Keeping an eye on the amount of data stored

The “Customer” is therefore deemed to be responsible for the duration of the retention period.

When the services subscribed to by the “Customer” with “WeDoBack” are terminated, the “Customer” is informed that “WeDoBack” may proceed with the immediate destruction of the data concerning him or her or at the latest 1 month following termination, depending on the processing time applicable by “WeDoBack”.

7.7 Data confidentiality and security

The “WeDoBack” backup service natively offers data encryption at source and storage-level encryption on storage servers.

Servers are supervised, maintained and protected by various means, including firewalls and intrusion detection.

This protection is guaranteed on condition that the “Customer” respects and applies the “WeDoBack” recommendations concerning its backups.
Any derogation or failure by the “Customer” to comply with “WeDoBack” recommendations may result in reduced protection or total loss of protection.
WeDoBack” cannot be held liable in such cases.

7.8 Correspondence, notifications

– All correspondence between the Parties must be sent and received by a method that is irrefutable proof of receipt: registered letter with acknowledgement of receipt, e-mail with acknowledgement of receipt, fax with acknowledgement of receipt.
In this context, any correspondence whose acknowledgement of receipt has reached its addressee shall be deemed irrefutable proof of receipt.

7.9 Appointment of a project manager

– Depending on the service or contract binding the parties, and if expressly required by letter or e-mail, the parties will each appoint a project manager or project leader responsible for follow-up and coordination between the parties.

7.10 Working hours

With the exception of cases of force majeure or any other event that may occasionally modify the availability of “WeDoback”, the time slots for intervention and processing of “Customer” requests are defined as follows:

o Processing of e-mail requests Monday to Friday, 8:30 a.m. to 1 p.m. and 2 p.m. to 5:30 p.m., excluding public holidays;

o Telephone reception Monday to Friday, 9 a.m. to 12.30 p.m. and 2.30 p.m. to 5 p.m., excluding public holidays;

8. Force Majeure

“WEDOBACK” shall not be liable for any breach of its contractual obligations in the event of force majeure or an act of God, including but not limited to fire, flood, interruption of the supply of energy, raw materials or spare parts, as well as total or partial strikes of any kind that impede the proper functioning of the company, such as transport strikes, postal service strikes, and in general any event that does not allow the proper execution of orders.

The occurrence of a case of force majeure has the effect of suspending the performance of the contractual obligations of “WEDOBACK”.

However, after a 3-month suspension period, the contract may be terminated for reasons of force majeure, at the request of either party.

9. Service maintenance

“WeDoBack” maintains and upgrades its “WeDoBack” backup service.
As such, occasional service interruptions may be necessary.
“WeDoBack” will do its utmost to maintain a good level of service.
The “Customer” accepts these interruptions, made necessary to ensure the proper functioning and security of the service.

“WeDoBack” will endeavour to communicate with the “Customer” by means of information notes.
The “Customer” must ensure that he/she is subscribed to these information notes using an e-mail address to which he/she has access.

The “Customer” acknowledges and accepts that a period of unknown duration may exist without any back-up having been made as a result of such maintenance.

10. Technical support

“WeDoBack” provides technical support by telephone or e-mail.
Requests received from the “Customer” are managed via a ticket.

Assistance is available at the following times, indexed to the Europe/Paris time zone:

By e-mail only, Monday to Friday, 8.30am to 9am, 12.30pm to 1pm, 2pm to 2.30pm and 5pm to 5.30pm, excluding public holidays;
By telephone and e-mail, Monday to Friday, 9am to 12.30pm and 2.30pm to 5pm, excluding public holidays;

This support is free of charge for all failures or malfunctions of its “WeDoBack” backup service.

For each request, technical assistance will open a support ticket, valid for one hour.
Any additional hour required to process the ticket will be billed, and any hour started will be charged in full.

The first hour of technical assistance is billed at €60 excluding VAT.
Additional hours are charged at €50 excluding VAT for the same ticket.

A ticket represents a specific request, not a group of requests.
If several requests are sent by the “Customer” on one and the same ticket, “WeDoBack” will break down this ticket into several tickets, corresponding to one ticket per request.

If a request received does not concern the services defined inarticle 4 (Nature of services) of the present contract, the processing of this request will give rise to specific invoicing:

or at the ticket processing rate (billable by the hour)
or at the rate defined by a specific quote

The customer’s agreement must be confirmed in writing (e.g. by e-mail) prior to any assistance intervention on a paid ticket.

11. Compliance/Warranty

WeDoBack guarantees, in accordance with legal provisions, the “Customer” against any lack of conformity of the services provided and any latent defect resulting from a fault in the execution or design of the services provided and rendering them unfit for the use for which they were intended, to the exclusion of any negligence or fault on the part of the “Customer” for the entire duration of the execution of the document signed by the “Customer”.

In the case of services, this warranty is limited to the rectification or re-performance of services that do not conform or are defective.

In order to assert his rights, the “Customer” must inform “WeDoBack” in writing on the receipt at the end of each service, on pain of forfeiture of any action relating thereto.

12. Prerequisites

The “Customer” is informed that the proper functioning of the “WeDoBack” backup requires the following prerequisites:

Stable Internet connection with data transmission speed
Remote connection from the “WeDoBack” service servers to the customer’s information system
Availability of the information system elements concerned by the backup
Installation or deployment of backup agents to encrypt and compress data prior to remote transmission.

13. Term of engagement

– Backup” and “Service maintenance” services ordered from “WeDoBack” are valid for one year, with tacit renewal for periods of one year.

– Any service ordered from “WeDoBack” implies a firm commitment for a period of six (6) months.

– If the customer subscribes to the “Satisfied or your money back 30 days” guarantee, the “Customer” is free to cancel the subscribed service(s) during the first thirty (30) days. After the first thirty (30) days, the “Customer” is committed to “WeDoBack” for a firm period of six (6) months.

– After the six (6) month commitment period, the “Customer” may cancel his subscription to “WeDoBack” services at least one month in advance by letter, e-mail or fax. Termination will take effect at the end of the month following receipt of the decision, at the earliest.

– WeDoBack” may, if it so wishes, terminate this contract under the same conditions.

– The “Customer” declares that he accepts this six (6) month commitment and undertakes to honour the payment of invoices.

14. Termination

In the event of a breach by either party of any of its obligations hereunder, not remedied within a period of thirty days from the date of the registered letter with acknowledgement of receipt notifying the breach and sent by the other party, the latter may terminate the contract, subject to any damages and interest to which it may be entitled.

15. Rates

15.1 Backup

Pricing is calculated according to the storage volume requested and the number of agents to be deployed.

The associated tariff may be revised annually, and adjusted monthly in the event of modifications requested by the “Customer”.
Except for compelling reasons or reasons beyond the control of “WeDoBack”, the “Customer” will be informed at the latest 2 (two) months in advance in the event of an annual revision of the tariff.
In the event of disagreement, this contract will be cancelled as described in article 15.3 below.

The “Customer” acknowledges having received from “WeDoBack” or a reseller authorized by “WeDoBack” the appendix containing the rates for the backup service.

15.2 Technical assistance tickets

Invoicing for paid support tickets is based on “WeDoBack’s” current support ticket rates.

These rates are available to the “Customer” at any time on request from “WeDoBack” or its authorized reseller.

The “Customer” acknowledges having received from “WeDoBack” or a reseller authorized by “WeDoBack” the appendix containing the rates for technical support.

15.3 Rate changes

Rates may be revised to reflect the quality of service or new services introduced by “WeDoBack”.
The “Customer” will be informed by e-mail and will receive the new price list, which must be digitally signed.

Any refusal to electronically sign the updated price list may result in the suspension or termination of services provided by “WeDoBack”.

16. Billing - Payment

16.1 Billing

– For customers managed outside the online store, invoices are issued at the end of each month.
Each invoice will include the contractual monthly payment for the coming month, as well as any service(s) performed during the current month.

– Invoices for customers managed by the online store are issued for each renewal.
Any service(s) performed during the current month will be billed on a separate invoice.
The “Customer” declares that he accepts this billing method.

– Invoicing for subscribed services begins when the contract is signed.
Any month started is due in full, without any prorating of the amount due.

– The “Customer” will receive personal and confidential access to the “WeDoBack” customer portal where all documents binding the “Customer” to “WeDoBack” will be available (e.g. contracts, invoices, etc.).

– The invoice containing a full description of the actions carried out is generated and sent to the customer electronically: by e-mail or as a free download via secure access on the “WeDoBack” website.

Electronic invoices are in PDF format, and can be signed electronically to guarantee their authenticity and integrity.

The “Customer” agrees to receive the invoice electronically and acknowledges having been informed of the conditions for archiving electronic invoices (see articles L 102 B and L 102 C of the French Tax Code, articles 441-3 and L 110-4 of the French Commercial Code).
The customer is solely responsible for the archiving method used.

In accordance with the law, signed electronic invoices supplied by ” WeDoBack ” take the place of original invoices.
A paper printout of an invoice sent by this means does not constitute an original.
These invoices constitute legal documents supporting the call for payment issued by ” WeDoBack “, in the same way as paper invoices.

The “Customer” has a right of access to all electronic invoices sent to him by “WeDoBack”, thanks to the connection identifiers (composed of an identifier and a password) which are given to him.
These login details are strictly personal.
Consequently, the “Customer” undertakes to take all appropriate measures to ensure the security and confidentiality of his/her login details.
WeDoBack ” may not be held liable in the event of disclosure of information or archived data.

16.2 Payment of supplementary benefits

Any additional services, such as technical assistance for example, ordered by the “Customer” and carried out directly by “WeDoBack” may either be paid for by the “Customer” at the end of the service, or be included in the future direct debit.

If the “Customer” does not wish to integrate the payment of the services with the next monthly payment, the payment of the sums due will be established in accordance with the “WeDoBack” General Terms and Conditions of Sale and Service Provision.

16.2.1 Technical assistance tickets

Tickets will be billed at the end of each month, in accordance with the payment terms set out in article 16.3 below.

An invoice will be issued for tickets used from the 20th of the previous month to the 20th of the current month.
In the event of termination of the contract, a final invoice will be issued at the beginning of the following month for any tickets consumed from the 20th to the last day of the last month of the contract.

16.3 Payment

– We accept payment by bank transfer or direct debit.
Orders placed via the “WeDoBack” online store can be paid for by credit card or bank transfer.

– No discount will be granted for early payment.
Estimates and invoices issued by “WeDoBack” will contain the words “No discount for early payment”.

– With the exception of a deadline expressly indicated on the invoice and order form, the balance is payable according to the due date indicated on the invoice, or on receipt of the invoice.

– The “Customer” acknowledges that “WeDoBack” is at liberty to set the payment deadline for services rendered.
Exceeding this deadline will automatically result in the application of interest and handling fees.

– In the event that an invoice is not paid by the due date indicated on the invoice, “WeDoBack” reserves the right to suspend the performance of the work provided for herein until payment of the sum due, including interest and handling fees, without this suspension being considered as a termination of the present contract on the part of “WeDoBack”.

– WeDoBack” is free to refuse any new request from the “Customer” concerned, as long as full payment of the sums due has not been made.

– Non-payment of sums due on the due date will also render payable all debts not yet due by the “Customer” to “WeDoBack” on any grounds whatsoever.

– WeDoBack” may also terminate the Contract arising from the present General Terms and Conditions of Sale and Services, as well as all previous contracts, by operation of law and without formalities, even if the payment date has not yet expired.
In this case, the products must be returned on request by “WeDoBack” at the Customer’s expense and risk, without prejudice to any other damages; “WeDoBack” also reserves the right to retain any payments and deposits previously made by the Customer for any reason whatsoever.

– In the event of a payment incident, “WeDoBack” reserves the right to withhold or suspend unpaid services or products not yet effectively delivered to the “Customer”.

– Any payment made after the due date will automatically and without formalities result in the payment of a late payment penalty based on the sums still due, equal to the ECB refinancing rate plus 10 points, and the payment of a fixed indemnity for collection costs of 40 euros per invoice (article L.441-6 of the French Commercial Code).

– In addition, and as a penalty clause, in the event of late payment of more than 30 days from the date mentioned on the invoice, a penalty of 20% of the unpaid amounts (with a minimum of 30 euros) will be invoiced, without prior formal notice and without prejudice to legal interest and costs in the event of legal action.

– In the event of previous non-payment or deterioration of customer credit, we reserve the right to modify payment deadlines, suspend orders in progress while the “Customer” awaits a bank guarantee, or demand full payment before delivery.

– Finally, in the event of non-payment in full of the price within the agreed deadline, the “Customer” undertakes to return to “WeDoBack” all elements and documents in its possession relating to the services provided by “WeDoBack”, on any medium whatsoever, as well as any copies that may have been made, and the “Customer” renounces all use, in any form whatsoever, of the work, studies, achievements and/or developments carried out by “WeDoBack” hereunder.

16.3.1 Payment by credit card

In the case of payment by credit card, payment is due upon completion of the initial order on the “WeDoBack” online store.

Benefits may be renewed each month by credit card, as long as there are no adjustments.

If the “Customer” wishes to increase his storage volume, add other equipment or anything else, he will have to place a new order on the “WeDoBack” online store.

Non-payment of any instalment will not invalidate the contract, but will result in suspension of all services included in the contract, until full payment has been received.

Nevertheless, “WeDoBack” reserves the right to terminate contracts in the event of non-payment on the due date.
“WeDoBack” will then inform the “Customer” by registered mail or e-mail.

16.3.2 Sampling

Direct debits are made monthly, on or around the 1st (first) of each month, to cover the “WeDoBack” costs associated with completing the contract.

At the request of the “Customer”, and to facilitate the implementation of this payment method, the first month of the contract may be paid by bank transfer, until the direct debit activation procedure has been finalized.
During this period, the “Customer” undertakes to pay on or around the 1st (first) day of the month.

Non-payment of any instalment will not invalidate the contract, but will result in suspension of all services included in the contract, until full payment has been received.

Nevertheless, “WeDoBack” reserves the right to terminate contracts in the event of non-payment on the due date.
“WeDoBack” will then inform the “Customer” by registered mail or e-mail.

16.3.2 Rejected samples

The “Customer” declares to take all necessary measures to protect “WeDoBack” from any direct debit rejection.

In the event of a direct debit rejection, “WeDoBack” will re-invoice the “Customer” for all bank charges inherent to this rejection on the next invoice, or on a separate invoice if the services are terminated.

In addition, “WeDoBack” reserves the right to charge a handling and rejection fee of up to €100 excluding VAT.

As it stands, a direct debit rejection does not cancel the use of this method of payment for future payments.
However, in the event of repeated rejections, “WeDoBack” reserves the right to impose an alternative means of payment on the “Customer”.

The “Customer” acknowledges full responsibility for the proper functioning of this method of payment and agrees to pay the fees mentioned.

16.4 Rebilling for interventions not covered

Any remote intervention related to a breakdown or problem that is not the direct responsibility of “WeDoBack”, in particular caused by misuse, unauthorized modification or other actions that do not comply with “WeDoBack” recommendations, will be subject to re-invoicing to the “Customer”. Customer “.

The rate applicable to these non-covered interventions will be communicated to the ” Customer ” prior to any action, and the latter must give his explicit agreement before the intervention begins.
“WeDoBack” undertakes to inform the ” Customer ” in a transparent manner of the reasons for rebilling.

The purpose of this clause is to ensure efficient collaboration between the ” Customer ” and “WeDoBack” in order to maintain optimum performance of the backup solution, while guaranteeing fair pricing in the event of specific interventions.

17. Insurance

” WeDoBack ” undertakes to take out the necessary insurance to cover its civil liability for any direct physical, material or immaterial damage for which it may be held responsible.
Damage is understood to be damage of any kind that the “WeDoBack” or any of its contributors may cause directly to the “Customer”, to the “Customer’s” personnel or to third parties.

This insurance must expressly cover any damage suffered by the “Customer”, its staff or third parties as a result of ” WeDoBack “.
” WeDoBack ” undertakes to maintain these guarantees for the entire duration of the contract, and to justify them at the request of the “Customer”.

18. Privacy

– Both ” WeDoBack ” and the “Customer” undertake to maintain the strict confidentiality of all information and internal documents obtained or exchanged within the framework of the contract and its execution.

– In particular, the “Customer” must respect the know-how of ” WeDoBack ” and ” WeDoBack ” must consider as confidential all information transmitted by the “Customer” in the context of the execution of the present contract.

– WeDoBack undertakes to ensure the physical and logical security of its servers and the data entrusted to it.

– WeDoBack” itself will not access the data, except for the strict needs of fulfilling its obligations under this Contract, in particular in the context of maintenance or support.

– ” WeDoBack “may freely include the name of the “Customer” in a list of references.

18.1 Personal data

Any information transmitted to “WeDoBack” by the “Customer” containing personal data (e.g. surname, first name, telephone number) will be considered strictly confidential and will not be transmitted to third parties.

If personal data transmitted to “WeDoBack” must be modified or destroyed, the “Customer” must inform “WeDoBack” without delay in order to allow the effective completion of the actions to be carried out on this data.

“WeDoBack” undertakes not to divulge or subcontract this information without the prior written consent of the “Customer”.

Finally, “WeDoBack” declares that it unreservedly agrees to apply data protection law, as defined in the European General Data Protection Regulation (Regulation No. 2016/679) or “GDPR”.

18.2 Protection of personal data

The “Customer” declares that he is aware that, as the “data controller” within the meaning of the French Data Protection Act no. 78-17, it is his responsibility to complete the formalities required by the Commission Nationale Informatique et Libertés (CNIL) prior to the implementation of any processing involving personal data.

The “Customer” also declares that, in accordance with article 34 of the aforementioned law, he/she has been informed of the need to take all necessary precautions, and in particular all technical measures, to protect the security of the personal data processed.

In accordance with article 35 of the aforementioned law, it is expressly agreed that “WeDoBack” may only intervene, with regard to any processing of personal data involving the use of the Server, on the express instruction of the “Customer”.

18.3 Authorized persons

The “Customer” shall inform “WeDoBack” of the full identity of the persons authorized to contact him using the “Declaration by the data controller” form.

This form will enable “WeDoBack” to clearly identify the data controller who will be responsible for validating or confirming requests received on behalf of the “Customer”.

The “Customer” acknowledges the right of “WeDoBack” to refuse any request that cannot be validated due to the lack of a clearly identified or contactable data controller at the time of the check carried out by “WeDoBack”.

The data controller is also the identified person in charge of declaring to “WeDoBack” the list of user accesses to be implemented and their level of accreditation in accordance with the appendix “Levels of access and responsibility” available at https://wiki.wedoback.net.

19. Limits of Liability

Given the nature of the services provided, ” WeDoBack ‘s” obligation is one of means.

” WeDoBack ” undertakes to perform the services in accordance with the rules of the profession, in compliance with the norms and other established standards and in the best manner, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions.

– WeDoBack ” may only be held liable in the event of fault on its part.
Each party is liable to the other for any breach of its obligations.

– As it stands, “WeDoBack” can only be held liable to its “Customer” and not to third parties.
The “Customer” is solely responsible for insuring any third party against all types of damage and unforeseen events.

– In the event that the “Customer” demonstrates that it has suffered a loss as a result of a fault on the part of ” WeDoBack “, the liability of ” WeDoBack ” will be limited to the direct loss suffered by the “Customer”, to the exclusion of any indirect loss.

Furthermore, ” WeDoBack ” may only be obliged to compensate for damage of any kind within the following twofold limit:

The liability of ” WeDoBack “, if proven, will be limited to the amount excluding taxes not exceeding half of the total amount excluding taxes, actually paid by the “Customer” for the service provided by ” WeDoBack ” at the date of the claim by registered letter with acknowledgement of receipt or by e-mail.
WeDoBack ” liability insurance coverage

– The “Customer” undertakes to make available to ” WeDoBack “within the agreed deadlines, all the information and documents required for the proper performance of the service and for a proper understanding of the problems posed.

– Under no circumstances will ” WeDoBack ” be held liable in the event of :

an error caused by a lack of information or erroneous information provided by the “Customer
a delay caused by the “Customer” that would make it impossible to meet the agreed or legally prescribed deadlines
fault, negligence, omission or default of the “Customer
force majeure, events or incidents beyond the control of ” WeDoBack ” such as strikes, social unrest, public calamities, fires, …
fault, negligence or omission of a third party over whom ” WeDoBack ” has no power of control or supervision

20. Intellectual Property

” WeDoBack ” holds the author’s full economic and moral rights to all services provided hereunder.

In any case, ” WeDoBack “retains ownership of the methods, know-how and processes it has developed or implemented in the context of the present contract, which it may freely use for other projects for the benefit of third parties.

21. General provisions

21.1 Use as a commercial reference

The “Customer” expressly authorizes “WeDoBack” to use its name as a commercial reference in its commercial documents, as well as in any press release or advertising.

21.2 Entire agreement

These General Terms and Conditions of Sale reflect the entire agreement between the “Parties” with regard to the services provided by “WeDoBack”.
Any other document exchanged between the “Parties” has no contractual value and has no effect between “the Parties”.

Only a service contract duly signed by “the Parties” may give rise to obligations other than those mentioned herein.
Any other declaration, whether written or oral, is without effect.

21.3 Permanence of clauses

The fact that one of the “Parties” has not required the permanent or temporary application of any provision of this Agreement shall in no way be construed as a waiver of that party’s rights under said provision.

21.4 Partial invalidity

If any provision of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, such provision shall be deemed to be unwritten and the remaining provisions shall remain in full force and effect.

22. Privacy Policy

” WeDoBack ” respects the privacy of its users and customers and undertakes that all information it gathers, in particular concerning the customer’s use of its computer services that could identify the latter, will be considered confidential.

Data is processed by Dédicace Software, 4, route de la Côte à Bournet, 16440 MOUTHIERS SUR BOEME, data controller.

The collection of customer information is essential for the provision of our services and the management of contracts.
Refusal to consent to the processing of personal data would prevent the provision of these services.
Personal information is kept for the legal retention period and is intended for the persons required to process it within the company, as well as for subcontractors, provided that the contract signed between the subcontractors and the data controller mentions the obligations incumbent on the subcontractors in terms of data security and confidentiality protection (Article 28 of the European Data Protection Regulation EU 2016/679) and specifies in particular the security objectives that must be achieved.

No data is transferred outside the European Union by Dédicace Software, except with the customer’s prior consent for access to certain services.
Service providers acting on behalf of Dédicace Software may have access to or communicate all or part of this information in connection with the services they provide, but only to the extent necessary to perform the tasks entrusted to them.
In this case, Dédicace Software undertakes to ensure an adequate level of protection for your data.
These service providers may contact the customer directly using the contact details provided.
Dédicace Software also asks these service providers to always act in compliance with applicable laws on the protection of personal data and to pay particular attention to the confidentiality and security of such data.

In accordance with the French Data Protection Act of January 6, 1978, and the entry into force of the General Data Protection Regulation (RGPD) from May 25, 2018, the customer may exercise his or her right to access, rectify, delete, request a limitation of processing, oppose or request portability of data concerning him or her by contacting our Data Protection Officer: [email protected].
The customer also has the right to lodge a complaint with the CNIL.

By accepting these terms and conditions, you consent to our collection and use of this data for the purposes of this contract.

23. Non-solicitation

The “Customer” undertakes not to employ, or to have employed in any way, any present or future “WeDoBack” employee.
This clause shall apply regardless of the specialization of the employee in question, and even in the event that the employee is solicited.
This clause shall remain in effect throughout the performance of the present contract, and for two years after its termination.

24. Disputes/Applicable law/Jurisdiction

The contract is governed by the law of the country where “WeDoBack” has its registered office.
The French text of this contract is the original text.

These General Conditions and the contract or quotation signed between the parties are governed by French law.

Failing amicable resolution, any dispute arising between the parties concerning the performance or interpretation of the General Terms and Conditions and the aforementioned document shall be referred to the courts of Angoulême (Charente department – 16), notwithstanding plurality of defendants or the introduction of third parties.