Last Update : 29/07/2021
GENERAL TERMS AND CONDITIONS
Article 1 – LEGAL NOTICE
This website, accessible at the URL: https://app.buildrz.io (the “Site”), is published by:
BUILDRZ, a SAS with a registered capital of 1000 euros, registered with the R.C.S. of Paris under the number 822 111 795, with its registered office located at 5, avenue de la République, 75011 Paris, represented by Manuel VERRIER, its duly authorized Chairman (Hereinafter referred to as the “Service Provider”).
The individual VAT number of the Operator is: FR11 822111795.
The Site is hosted by the company OVH, situated at 2 rue Kellermann, 59100 Roubaix, France (telephone: 1007).
The Director of the publication of the Site is Manuel VERRIER, President of BUILDRZ SAS.
The Service Provider’s Customer Service can be contacted by email at: firstname.lastname@example.org.
Article 2 – SCOPE
The purpose of these general terms and conditions of services (the “General Terms and Conditions”) is to define and govern the contractual relationship between the Service Provider and any professional (a “Client”) having an account and wishing to benefit from the services offered on the Site.
The provision of the services offered to Customers on the Site is subject to the prior acceptance without restriction or reservation of these General Conditions.
The General Terms and Conditions are applicable notwithstanding any stipulation to the contrary appearing in all documents emanating from the Customer.
The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them upon request through any means.
The General Terms and Conditions are applicable subject to any stipulation to the contrary appearing on the order form or in special conditions if necessary concluded between the Company and the relevant Customer.
Article 3 – DESCRIPTION OF SERVICES
The Service Provider offers the Customer the following services on the Site:
Depending on the selected options and within the territory precisely defined in the accepted purchase order by the Customer:
- Analysis of urban and market data on a cadastral basis (site prospection).
- 3D capacity studies for new real estate operations (active project).
- Identification of sites suitable for real estate operation site prospecting (premium site).
(hereinafter referred to as the “Services”).
The Services presented on the Site are each accompanied by a description mentioning their essential characteristics. This description may include descriptions, photographs, and graphics provided solely for illustrative purposes and may be subject to modification or updating on the Site.
Article 3 Bis – 3D STUDY CAPACITIES DESCRIPTION (ACTIVE PROJECT)
Definition of a Project:
Within the Site, the Service Provider allows users to create projects based on the selection, additions, and division of cadastral plots. Registering a land base as defined on the Site corresponds to creating a Project.
Users can then edit existing 3D buildings on this land footprint and on neighboring plots, manually draw one or more 3D volumes, and initiate an automatic building model in accordance with the chosen set of rules.
Active projects include:
- Any project subject to an automatic or manual capacity study in a municipality whose legal constraints are digitally modeled by the Service Provider.
- Any project modified at least once in a calendar month: version creation, program modification, alteration of the site perimeter, alteration of buildings, as long as the project is situated in a municipality whose legal constraints are digitally modeled by the Service Provider.
Active projects do not include:
- Any project that hasn’t generated any floor area modeling (floor area equals zero).
- Any project created or modified in a municipality whose legal constraints are not modeled by the Service Provider.
Creating or modifying a project in a municipality where the Service Provider’s legal constraints are modeled is recorded in the database. The deletion of a project or a version by the user does not negate the active status of the project.
The count of active projects is performed monthly and communicated to the customer every month, before the 10th day of the following month.
The list of cities with modeled legal constraints by the service provider can be requested.
The Service Provider may expand its modeling scope during the contract term.
Article 3 TER – Description of Premium Site Services
Premium site lead extraction is limited to 500 leads per department per month.
Article 4 – REGISTRATION REQUIREMENTS
Access to the Services is possible through a computer by connecting to the Site. Access to the Services via a smartphone or tablet is not guaranteed. The Site is optimized for access from Google Chrome and Mozilla Firefox browsers, excluding any other browsers.
Using the Services requires a broadband internet connection and mobile internet if applicable.
Customers are responsible for setting up the computer and telecommunication means for accessing the Site.
When creating an account with email, the Customer is prompted to choose a password, which ensures the confidentiality of the information in their account.
To validate the registration, the Service Provider sends the Customer a confirmation email to the provided email address. The Customer activates their account by clicking the provided hypertext link in the confirmation email.
Each Customer guarantees the accuracy and truthfulness of the information provided for registration, agrees to update it in case of modifications, and ensures that this information does not infringe upon the rights of third parties.
Customers can modify this information, username, and password from their account on the Site.
Customers agree not to share or transfer their account, usernames, and passwords, taking sole responsibility for their use until deactivation. They must promptly inform the Service Provider of any loss or unauthorized use of their account.
The Service Provider reserves the right to delete the account of any Customer providing incorrect information.
Article 5 – ORDERS
Any Customer wishing to use the Site and Services must request a purchase order from the Service Provider and then accept it by returning the signed Quote with the mention “Accepted.”
The purchase order includes the rates of the annual packages subject to a single payment at the start of the contract, as well as the rates of package overruns.
The contract starts on the date of signature, which signifies acceptance of the purchase order.
The Service Provider will email the Customer a confirmation of their order to the provided email address.
The order confirmation email summarizes the essential characteristics of the ordered Service(s), the total price, and other relevant elements. This email also includes a tracking number for the Customer’s order.
By placing an order on the Site, the Customer expressly agrees to receive an electronic invoice from the Service Provider.
To combat fraud, the Service Provider or its payment or delivery service providers may request additional supporting documents from the Customer or contact them during order acceptance. In case of unjustified refusal to provide requested information and/or documents, the Service Provider can choose to not accept or cancel the order without dispute.
The Service Provider also reserves the right to not accept or cancel the order of a Customer providing incorrect information, not making payment for Services, in a dispute regarding payment of a previous order, or with an unusually high order volume.
Article 6 – PRICING CONDITIONS
The Services are provided at the current rate of the Service Provider, as indicated on the accepted purchase order by the Customer, expressed in euros excluding taxes.
The Services are invoiced and the price becomes due and payable upon acceptance of the purchase order.
The price is firm and not subject to revision during the duration of Services, with the parties expressly waiving the provisions of Article 1195 of the Civil Code.
However, the Service Provider reserves the right to modify its prices at any time for any Services subscribed to after such modification.
Any price reductions, rebates, and discounts may apply to Services under the conditions outlined in the purchase order accepted by the Customer or any other communicated document. In the case of a promotional rate, the Service Provider undertakes to apply this rate to any order placed by the Customer during the promotional period.
For early payment by the Customer, no discount will be applied. Payments cannot be suspended or subject to compensation without prior written agreement between the Service Provider and the Client.
Any suspension, deduction, or set-off unilaterally performed by the Customer will be considered a payment default and will lead to all consequences of late payment.
Additionally, it is agreed that the Customer is automatically in default to pay by the mere due date of the obligation, as per Article 1344 of the Civil Code. In the event of late payment of any installment, the Service Provider reserves the right, without compensation to the Client:
- Demand immediate payment of all amounts due for Services, making them immediately payable regardless of their original due date.
- Refuse any new order or require cash payment or guarantee for new orders to ensure proper fulfillment of commitments.
- Allocate partial payments first to the non-preferential portion of the claim and then to the oldest outstanding sums.
- Reduce, suspend, or terminate access to Services 10 days after an ineffective formal notice by the Service Provider to the Client.
- Apply late payment penalties at the rate specified in Article L.441-6 of the French Commercial Code from the first day of delay and until full payment.
- Demand payment of a fixed compensation of €40 for recovery costs for each late-paid invoice and compensation equal to 10% of remaining sums due, without prejudice to compensation for actual damages suffered.
Changes in Service prices will take effect in the next contract period. In the absence of termination by the Customer before this effective date, new pricing will apply to the upcoming contractual period.
Changes in prices due to increased value-added tax or the creation of new taxes based on Service prices will be automatically applied.
Article 7 – PAYMENT METHODS
The Customer acknowledges that any order placed on the Site or through acceptance of a purchase order obligates them to pay, requiring payment against the provision of the ordered Service.
The purchase order includes rates for annual packages, subject to a single payment on the invoice issued on the contract’s start date.
Annual plans include a specified number of user logins and active projects. Exceeding the number of user logins and/or active projects will result in charges for excess usage.
The Client will receive monthly counts of consumed active projects and will be notified by email when consumption reaches 80% and 100% of the active projects specified in the contract.
Overages will be adjusted by invoice on the 5th of the month following the assessment.
If excess usage is identified before the 10th month of the contract, the Service Provider may establish a SEPA direct debit mandate.
SEPA Direct Debit payment initiation: In case of exceeding the package before the 10th month of the contract, the Customer submits their RIB to the Service Provider. In return, the Service Provider sends a SEPA Mandate and a Quote outlining current Service Rates and the validity periods of any applicable Promotions. The Customer then returns the signed Quote with “accepted” and the signed SEPA Mandate. Withdrawals will occur monthly on the 5th of each month.
Article 8 – SERVICE PROVIDER OBLIGATIONS
The Service Provider is committed to a duty of care in providing its services:
However, the Service Provider cannot exclude the possibility of interruptions to the Site’s access and operation, particularly due to force majeure events, equipment malfunctions on the Customers’ side, internet network failures, telecommunications operator issues, power supply disruptions, abnormal, illegal, or fraudulent use of the Site by Customers or third parties, regulatory decisions, or any other reasons.
The Service Provider also reserves the right to make any changes and improvements to the Site and Services of its choosing in relation to technical advancements or proper functioning.
General and temporary Site and Services interruptions will, whenever possible, be communicated on the Site before they occur, except for emergency situations.
Article 9 – CLIENT OBLIGATIONS
Each Customer agrees to access and use the Site and Services fairly and in accordance with the applicable laws and these Terms and Conditions.
Data and information communicated or posted online by Customers must be accurate, genuine, and loyal, and will be provided under their sole responsibility.
In general, each Customer undertakes to:
- Ensure compliance at all times with the legal, social, administrative, and tax obligations applicable to their professional status.
- Not modify the nature or terms of supply of Services during their execution without the prior written consent of the Service Provider.
- Pay the price for Services as outlined herein.
- Avoid disseminating illegal content or content that disrupts, disorganizes, slows, or interrupts the normal flow of data on the Site.
- Promptly report any issues, reservations, or disputes arising during Service performance or any abnormal, abusive, or fraudulent use of the Site that comes to their attention.
If a Client is held liable for violating the law or infringing on the rights of third parties, the Service Provider reserves the right to provide any information allowing identification of the offending Client to legitimate authorities (court, administrative authority, police services) upon request.
Article 10 – CLAIMS
In case of non-performance or defective performance of Services, the Client must notify the Service Provider, presenting grievances and reservations within thirty (30) calendar days from the date of awareness, allowing the parties to attempt an amicable resolution within thirty (30) calendar days of the initial notification.
If no amicable resolution is reached as per the above conditions, and in the case of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Terms and Conditions as per Article 17 and seek damages from the Service Provider to compensate for incurred losses. The Client renounces seeking forced execution of Services by the Service Provider or a third party, or a proportional price reduction, contrary to the provisions of Articles 1221, 1222, and 1223 of the Civil Code.
Article 11 – SERVICE PROVIDER LIABILITY
The Service Provider’s liability is based on a duty of care for providing Services.
Each Customer acknowledges the limitations and constraints of Internet networks and cannot hold the Service Provider responsible for access issues, page loading speeds, temporary or permanent unavailability of Services, or fraudulent Site use by Customers or third parties.
The Service Provider bears no responsibility:
- In the event of breach of obligation resulting from force majeure or an event of force majeure as defined in Article 1218 of the Civil Code, including but not limited to unforeseen events like strikes, labor disputes, social unrest, factory shutdowns, floods, fires, production or transport failures unrelated to the Service Provider’s actions, supply disruptions, wars, riots, insurrections, or any circumstance preventing the Company from fulfilling obligations.
- In case information, data, instructions, materials, or media provided by the Customer are incorrect or incomplete, and more generally if non-performance or defective performance of Services arises from the Customer’s behavior, failure, or default.
- If certain Site functionalities are not accessible due to Customer deactivation of cookies through browser software.
- If Site functionalities are incompatible with certain equipment or functionalities of a Customer’s computer system.
Each Customer is responsible for content and information imported, stored, or published on the Site and agrees not to use technical measures allowing circumvention of the Service Provider’s technical protections to prevent fraudulent Site and Services use.
Each Customer is responsible for ensuring the integrity and backup of all data, files, and documents and releases the Service Provider from liability for damage to such data, files, or documents entrusted to the Service Provider in connection with Site and/or Services use.
In general, each Customer agrees to indemnify the Service Provider against any claims, demands, oppositions, or procedures that may arise due to the Customer’s Site or Services use.
Under no circumstances is the Service Provider liable for indirect or intangible damage or harm, including financial loss, missed opportunities, lost profits, contract loss, order loss, customer loss, business loss, or disturbance or reputation damage resulting from defective Service provision or non-provision.
Service Provider liability cannot exceed an amount equal to the pre-tax price collected from the Customer for Services during the last twelve (12) months.
Per Article 2254 of the Civil Code, any legal action against the Service Provider is subject to a limitation period ending one year after the Customer becomes aware or is presumed to be aware of the harmful event.
Article 12 – RECORD KEEPING
Computerized records stored in Service Provider and partner systems under reasonable security conditions are considered evidence of Customer and Service Provider communications and actions. These records are archived on a reliable and durable medium to serve as faithful and lasting copies per applicable regulations.
Customers acknowledge the evidentiary value of Site automated registration systems and agree not to contest them in case of disputes.
Article 13 – PERSONAL DATA
Article 14 – HYPERTEXT LINKS
Hypertext links on the Site may direct to third-party or partner sites. These links are provided for Customer convenience to facilitate internet resource use. By using these links, Customers exit the Site and agree to use third-party sites at their own risk and in accordance with governing conditions.
In any case, the presence of a hypertext link to or from the Site on a third-party site does not make the Service Provider responsible for the availability, content, products, or services of the third-party site.
Customers are not authorized to create one or more hypertext links to the Site’s home page or profile page on a third-party site without prior written consent from the Service Provider.
Article 15 – INTELLECTUAL PROPERTY
The Service Provider exclusively owns all Site content, including but not limited to text, files, images (animated or not), photos, videos, logos, drawings, models, software, trademarks, visual identity, databases, Site structure, and other elements protected by French and international intellectual property laws and regulations.
As a result, no Site content can be partially or entirely modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, displayed, stored, used, rented, or exploited in any way, free or paid, by Customers or third parties, through any known or unknown means or media, without prior written consent from the Service Provider. Customers are solely responsible for unauthorized use or exploitation.
Also, extracting, integrating, compiling, or using information in databases accessible on the Site for commercial purposes, as well as using software, robots, data mining systems, and other data collection tools are strictly prohibited for Customers.
However, the Service Provider grants Customers a non-exclusive, non-transferable right to access Site content owned by the Service Provider, download it, and print it for personal, non-commercial use, provided Customers adhere to these General Terms and Conditions.
Article 16 – DURATION – SUSPENSION – TERMINATION
In the case of a one-time sale or as specified in special conditions, these General Terms and Conditions are valid for the Services’ duration, as outlined in special conditions or the purchase order if applicable.
For sales involving successive execution, these General Terms and Conditions apply for an initial 12-month period. If no termination of these Conditions occurs within one (1) month before the initial term ends, Service provision and these General Terms and Conditions are tacitly renewed for a period equivalent to the initial term, following prevailing rate conditions.
The Service Provider may suspend Customer Site and Services access temporarily or permanently for Customer breach of obligations as outlined in these General Terms and Conditions.
The Service Provider or the Client can terminate these General Terms and Conditions automatically by sending written notice:
- If a force majeure event, as outlined in Article 11, occurs.
- If one party seriously breaches obligations or relevant laws and regulations and fails to rectify the breach within fifteen (15) days after written notice indicating the breach nature and need for rectification.
Article 17 – CONFIDENTIALITY
During the term, either party may access or receive confidential information, documents, and/or data about the other party. Both parties undertake to strictly maintain confidentiality of all confidential information, documents, and/or data related to the other party’s results, activity, or clients, or any information obtained through contractual relations. This confidentiality commitment extends for two (2) years following the Conditions’ expiration or termination.
Article 18 – NOTIFICATIONS
Any written notice or summons required or allowed under these provisions is valid when delivered by hand, carrier with delivery receipt, registered mail with acknowledgment of receipt, or email (except for termination), addressed to the contact details of the concerned party.
Any change in contact details will be notified as per these provisions.
Article 19 – MISCELLANEOUS
The headings of articles in these General Terms and Conditions are for reference purposes only and have no effect on their interpretation.
If any provision of these General Terms and Conditions is declared void or unenforceable by a court decision, the other provisions will remain in full force and effect.
If one party does not require strict enforcement of a clause or fails to apply a provision of these General Terms and Conditions, it will not be interpreted as waiver of such clause or provision.
Article 20 – APPLICABLE LAW – DISPUTES
These General Terms and Conditions are governed by French law.
Any dispute arising from the interpretation, execution, or termination of these General Terms and Conditions that cannot be settled amicably will be subject to the jurisdiction of the Paris courts, regardless of the plurality of defendants or warranty claims, including emergency or protective proceedings by motion.
Article 21 – DISPUTES
Any disputes that arise within the context of the contractual relations established between the Client and the Service Provider shall be resolved amicably whenever possible.
If an amicable settlement is not achieved within one month of either party raising the dispute, all disputes arising from the General Conditions, including matters related to their validity, interpretation, execution, termination, consequences, and repercussions, shall be submitted to the jurisdiction of the courts of Paris.
Article 22 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Terms and Conditions, along with all operations stemming from them, are governed by and subject to French law. The text of these terms and conditions is composed in the French language. In the event of translations into one or more foreign languages, it is agreed that only the French text shall be authoritative and prevail in case of any disputes or discrepancies.