GTC – StackBuilder
GENERAL TERMS AND CONDITIONS OF SALE
GTC updated on 15/10/2024
Purchase of a subscription license granting the right to use the Premium functionalities of the StackBuilder Software.
These are entered into between:
Any natural or legal person wishing to engage in one or more of the services provided by the company treeDiM, hereinafter referred to as the “Client”,
and
The Company treeDiM, a simplified joint-stock company, with a share capital of €71,500, whose registered office is located at 1 boulevard Heurteloup, 37000 Tours, registered with the Tours Trade and Companies Register under number B 501 226 716.
treeDiM and the Client, hereinafter collectively referred to as the “Parties”
PREAMBLE:
treeDiM is a software publishing and integration company, specialized in the development, installation, training and maintenance of software solutions for industry and in particular packaging and POS design.
The Client is a User, whether a natural or legal person, acting within the framework of their commercial, industrial, craft, or professional activity, including when acting on behalf of another professional, of legal age and capacity, wishing to engage in one or more of the solutions or services provided by the company treeDiM.
These General Terms and Conditions of Sale apply to any solution or service provided by treeDiM in connection with the StackBuilder software, hereinafter referred to as the “Software”. These conditions are valid for any option subscribed within this framework. The use of the Software implies full and unconditional acceptance by the Client of these General Terms and Conditions of Sale.
Any order placed by the Client or, a fortiori, the payment of the invoice issued by treeDiM entails full and unconditional acceptance by the Client of these GTC as well as compliance with obligations arising from Intellectual Property Law and product usage licenses, the Client acknowledging having full knowledge thereof. The Client acknowledges that acceptance of these GTC results in the exclusion of the application of its own general terms and conditions of sale and/or purchase.
The GTC are available online and may be modified at any time at the discretion of treeDiM without any other formality than their publication on the website “https://www.treedim.com/stackbuilder”. Only the latest version or the one applicable on the date of receipt by treeDiM of the order shall apply. Such modifications shall not entitle the Client to any compensation.
The GTC apply to the Software and to specific services sold by treeDiM in addition to any specific conditions that may be applied between the Parties.
In the event of contradiction between these GTC and the specific conditions of the Contract, the specific conditions shall prevail.
- Definitions
Client: Any natural or legal person wishing to engage in one or more of the services provided by the company treeDiM.
Contract: refers to these general terms and conditions of sale, as well as any annexes, specific conditions and amendments.
Software: refers to the StackBuilder software made available by the company treeDiM including in particular all functionalities and additional software modules that may be developed in future versions and evolutions of StackBuilder.
Site: refers to the website accessible via the domain name https://www.treedim.com/stackbuilder
Users: refers to an employee, staff member or partner of the Client who will use the Software.
- Purpose
The purpose of this Contract is to define the terms and conditions under which treeDiM grants to the Client, who accepts it, a subscription license for the right to use the Software.
- Scope of the License and intellectual property
3.1. The Software is the result of continuous analysis and research work carried out by highly qualified technical personnel of treeDiM.
3.2. No provision of the General Terms and Conditions of Sale may be interpreted as conferring implicitly or explicitly to the Client, in any manner whatsoever, any intellectual property right over the Software, other than a non-transferable right of use.
3.3. treeDiM remains the owner and retains exclusive ownership of the copyright and exploitation rights of the Software.
3.4. The Client acknowledges the exclusive copyright and intellectual property rights of treeDiM over the Software.
3.5. These rights protect the computer program and its accessories.
3.6. The Client acknowledges that the Software is made available by treeDiM solely for personal use, to the exclusion of any reproduction, transfer to other systems, modifications, adaptations, maintenance, error correction, transfer to other persons, sale, rental or lending.
The Client undertakes not to assign its right of use, partially or totally, in any manner whatsoever and not to transfer the right granted to it under this Contract, not to disclose it, publish it, make it available in any manner whatsoever to any other person.
- Required IT configuration
4.1. The Software has been designed and prepared to operate with the following minimum technical configurations, which are the responsibility of the Client:
StackBuilder runs on any PC system equipped with Windows 10 and 11 in 64 bits.
StackBuilder is not natively designed to run on an Apple platform but may operate on a “MAC” computer via a standard Windows emulator such as Parallels Desktop, VMware Fusion or Virtual Box. This operation is nevertheless not guaranteed by treeDiM.
8GB RAM minimum
a large screen 21’’ or 27’’
Graphics card (type NVIDIA or ATI) with minimum 1GB memory.
4.2. treeDiM declines all responsibility for any malfunction of the Software if the required configuration is modified in whole or in part.
- Other services included in the subscription:
5.1. The following services are included in the subscription:
- Full update of installed software:
Assistance for installing updates, backup and reinstallation of configurations. - Support and Technical assistance:
Access to treeDiM support service by email or phone (during treeDiM business hours); this service is closed on weekends and public holidays according to the French calendar. - Remote assistance for quick troubleshooting:
Secure remote access (e.g.: TeamViewer)
- Subscription conditions
6.1. The Software subscription is concluded for a fixed duration of one (1) year, two (2) years or three (3) years from date to date, and is renewed by tacit renewal for successive periods of one (1), two (2) or three (3) calendar years, unless terminated under the conditions of article 6.2.
6.2. The Client may terminate the subscription at its anniversary date, as of right, by sending a registered letter with a notice period of 3 months.
6.3. Where applicable, the subscription will be renewed with the same scope as the previous year, at the price then in force.
- Commitment regarding availability and modification of the Software
7.1. treeDiM shall fulfill all its obligations under an obligation of means. It undertakes to implement all its know-how as well as all human and material resources necessary to provide a quality Software in accordance with professional standards and the state of the art.
treeDiM expressly reserves the right, without compensation, to modify at any time all or part of the Software, to update it, and, where applicable, its presentation or its medium, and to discontinue updates that no longer meet editorial relevance objectives.
The Client is responsible for the choice of the Software and its suitability for its needs, having received from treeDiM the necessary and sufficient advice and information regarding conditions of use, capabilities and performance limits.
- Obligations and liability of the Client
8.1. The Client, as holder of the subscription license for the right of use, undertakes to use the Software in accordance with the technical specifications and recommendations of treeDiM. In particular, the Client undertakes not to allow access to the Software to unauthorized persons nor to disclose or provide to a third party the serial numbers, except to its employees or collaborators.
8.2. Furthermore, the Client undertakes not to use the Software improperly, in contradiction with the law or applicable standards. More specifically, the Client may not use the Software to disseminate information or content of a violent, xenophobic, racist or pornographic nature, nor use such information to commit any offence or unlawful act under the law.
- Protection of personal data
9.1. The information that the Client may provide to treeDiM in order to acquire the subscription license for the right of use of the Software or within the framework of its use shall remain confidential.
9.2. treeDiM undertakes not to disclose or resell any personal data relating to the Client. In general, treeDiM undertakes never to communicate such information to a third party except where necessary for storage and preservation purposes.
However, the Client authorizes treeDiM to use its email address to propose other products and services that treeDiM may offer in the future.
- Price and payment terms
10.1. In consideration for the subscription license granting the right to use the Software to the Client, the latter undertakes to pay treeDiM the price set at the time of the order.
10.2. The prices of the products sold are those in force on the day of the order. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate applicable on the day of the order.
treeDiM reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of registration of the order.
10.3. The proposed prices include any discounts and rebates that treeDiM may grant based on its results or on the assumption by the buyer of certain services.
10.4. No discount shall be granted in the event of early payment.
10.5. Payment for the order is due within 30 days from receipt of the invoice, by bank transfer, PayPal or credit card.
Late payment penalties in the event of exceeding the due date: 1.5% per month.
Penalty for non-compliance with payment deadlines as compensation for recovery costs: €40.
Application of articles L.441-3 and L.441-6 of the French Commercial Code – fixed compensation for recovery costs.
Regarding payment by credit card, treeDiM uses the secure payment service provided by PayPal. Confidential data (16-digit credit card number, expiry date and security code) are directly transmitted in encrypted form to PayPal’s server. treeDiM does not have access to this data.
- Other services
11.1. Training
One day of service is based on the legal duration of 7 (seven) hours per day. Any overtime will give rise to additional invoicing and prior written agreement of both Parties.
It is expressly agreed between the Parties that any scheduled service which is cancelled by the Client within a period less than or equal to 2 working days shall remain due to the company without any recourse, except in cases of force majeure.
Such cancellation must necessarily be notified by email addressed to treeDiM.
Travel and accommodation expenses will be invoiced based on the actual costs incurred upon presentation of supporting documents.
11.2. Specific developments
Specific IT development services are invoiced within the framework of a specific service. A quotation is submitted to the Client indicating the necessary development duration based on specifications previously provided by the Client.
- Suspension – Termination of the Contract
12.1. Suspension
In the event of non-payment of sums due at the due date, treeDiM reserves the right to restrict access to all or part of the Services subscribed by the Client, after having informed the latter by email (or by post) of a formal notice remaining unsuccessful for more than 10 days, without the Client being able to claim any compensation in the event of non-performance of one of the Client’s obligations.
In the event of suspension, whatever the cause, the Client remains bound by its obligations. Suspension of the Services does not result in the cessation of invoicing.
The Services may be interrupted in cases of force majeure within the meaning of article 1218 of the French Civil Code.
12.2. Termination of the subscription at the initiative of the Client
treeDiM reserves the right to recover costs and expenses incurred prior to the termination of the subscription.
12.3. Termination of the subscription at the initiative of treeDiM
treeDiM may terminate the Client’s subscription without the latter being entitled to any compensation in the event of false declaration by the Client concerning the Contract, breach by the Client of any of its obligations, or non-payment by the Client of the sums due to treeDiM after formal notice remaining ineffective after 10 days.
Termination following such disputes shall be effective 10 days after treeDiM has notified the Client.
- Miscellaneous provisions
13.1. Applicable law
This Contract shall be governed, interpreted and enforced in accordance with French law.
13.2. Settlement of disputes
The Parties shall endeavor to settle amicably any dispute arising from the interpretation or performance of the Contract. Failing an amicable solution accepted by both Parties within a period of 30 calendar days, the dispute shall be submitted to the competent courts of Tours by the most diligent Party.
In the event that one or more clauses of this Contract are deemed invalid, illegal or unfair under applicable law, they shall be deemed unwritten, the remainder of the contract remaining valid.
The contracting Parties agree in advance that such clauses shall be replaced by others having characteristics as close as possible to the former ones.