The purpose of Perfbook is to make available, via the INTERNET network, an application for monitoring and managing the performance of athletes in clubs, training centers, etc.
The purpose of this contract is to define the rights and obligations of SARL SDLP, publisher of Perfbook, hereinafter referred to as « SDLP », and the User in the context of the use of Perfbook.
Any use of Perfbook implies knowledge and acceptance of these Terms.
The present general conditions of use define the conditions under which Perfbook is made available.
It is the User’s responsibility to ensure that Perfbook is suitable for his/her needs.
In the absence of any request for further information from SDLP, the User acknowledges that he/she has been sufficiently informed.
The present contract only grants the use of the Perfbook application and in no case any right of ownership or copy.
Perfbook is the property of its authors, and the User is prohibited from creating, commissioning or participating in the creation of an application or software that reproduces the functionalities of Perfbook.
Perfbook can only be accessed via the Internet.
Access to Perfbook can be made from any terminal equipped with a recent Internet browser or from the Perfbook mobile application.
The User shall be solely responsible for his or her connection to the Internet and all associated costs.
The number of authorized users is defined in the special conditions or in any commercial agreement accepted by the User.
Each user has his/her own login (code and password).
Perfbook is a hosted Application whose availability is normally guaranteed 24 hours a day, 7 days a week.
SDLP cannot be held responsible for service interruptions due to its host.
For technical reasons such as updates, backups, etc., SDLP reserves the right to temporarily interrupt all or part of access to the Perfbook software.
SDLP also reserves the right to improve or add features to Perfbook at any time.
The price of the subscription to Perfbook to be paid by the User will be determined according to the options chosen by the User. It is the subject of a commercial agreement signed by the User.
During the term of the contract, SDLP may modify this price once a year according to the SYNTEC index published on the anniversary date of the contract.
All other price increases will be notified to the User by post or e-mail prior to their application.
No increase will be applicable if the commercial agreement or special conditions stipulate a rate for each year during the term of the contract.
Unless otherwise specified, the subscription is payable annually, at the beginning of the period.
Non-payment of any sum due by the User, and not paid on the due date, will automatically result in the invoicing of late payment interest equal to 3 times the legal interest rate (Law n°2008-776 of August 4, 2008).
All collection costs will be borne by the User.
In addition, SDLP reserves the right, in particular in the event of a payment incident, to suspend access to Perfbook at the end of a period of ten (10) days following the sending of a formal notice by registered letter with acknowledgement of receipt which has remained unsuccessful.
The costs of restoring access to Perfbook will be borne by the User (these costs are currently €300 excluding VAT).
In the event of suspension of access to Perfbook, the User’s financial obligations will not be extinguished. If, after a period of fifteen (15) days, the suspension measure remains without effect, or in the event of repeated late payment, SDLP may terminate the Contract under the conditions set out in the TERMINATION section below.
The minimum subscription period is specified in the special conditions or commercial agreement accepted by the User.
The subscription is renewable by tacit agreement under the same conditions and for the same duration as the initial contract. The User may terminate the Contract by registered letter with acknowledgement of receipt sent to SDLP at least three months before the scheduled end date of the Contract. Termination of the Contract will be effective at the end of the current Contract term (initial contract or tacit renewal).
The Contract may be terminated by either party at any time after formal notice has been given by registered letter with acknowledgement of receipt, without the other party being able to claim any reimbursement or compensation in the following cases:
The User, its employees and all persons using Perfbook within the scope of the present contract undertake, pursuant to the French Data Protection Act no. 78-17 of January 6, 1978, to declare to the CNIL the automated processing of personal data carried out using Perfbook.
The User acknowledges that it is the User’s responsibility to carry out the formalities and that the User alone is responsible for the processing of personal data relating to individuals and files, even though these files are hosted by SDLP.
The User acknowledges that he/she is aware of the nature of the Internet and in particular its technical performance and response times for consulting, querying or transferring information.
Furthermore, throughout the term of the Contract, the User undertakes to inform SDLP without delay of any modification to the information concerning him/her and appearing in the Contract.
Data belonging to the User and managed by Perfbook are and remain the property of the User. SDLP undertakes to keep this data confidential, not to make any copies of the data, other than for technical and backup purposes, and not to make any use of it other than that provided for in the performance of this Contract.
For further information, please consult our Privacy policy
SDLP undertakes to carry out or have carried out by its host a regular backup of the data entered by the User.
In the event of termination of the Contract by the User, for whatever reason, the User will retain access to consult all the data entered for a period of 3 months.
SDLP may not, within the limits of applicable law, be held liable for any direct or indirect damage of any nature whatsoever (such as commercial or financial loss or operating loss affecting the User) resulting from any impossibility of access to Perfbook, from any use of Perfbook, including any loss of data, and this, whatever the origin of the damage.
In any event, SDLP may not be held liable in the event of force majeure or events beyond its control.
SDLP does not guarantee that Perfbook is free from any defect, but undertakes to remedy any such defect with all reasonable diligence.
It is the User’s responsibility to implement all useful procedures and measures intended to protect its equipment and data.
SDLP undertakes to do everything in its power to ensure the best possible guarantees of data integrity, and in particular :
SDLP may not be held liable in the event of legal proceedings against the User as a result of illicit use of Perfbook.
In particular, the User undertakes not to send any prejudicial or illicit message, and in particular any message likely to contravene, on the one hand, the law of July 29, 1881 relating to the freedom of the press, and in particular articles 23, 24, 24 bis, 26, 36, 37, 27 and 29, and on the other hand, article 227-24 of the new Penal Code, which punishes the dissemination of messages of a violent or pornographic nature or of a nature seriously prejudicial to human dignity.
SDLP reserves the right to take legal action against any User who does not comply with these conditions of use.
In the event that SDLP’s liability is upheld, compensation for loss suffered by the User as a result of SDLP may not exceed the amount of the number of months remaining and, in any event, may not exceed an amount equivalent to six months’ subscription.
The personal data collected from the User in connection with the conclusion of the Contract are subject to the provisions of law no. 78-17 of January 6, 1978 relating to information technology, files and civil liberties. As a result, the User has the right to oppose the use of his or her personal data, as set out in article 26 of the law, the right of access, as set out in articles 34 to 38 of the law, and the right of rectification, as set out in article 36 of the law. The User may also request
that this information not be communicated to third parties by sending an e-mail to SDLP.
The User undertakes to declare the automatic processing of data entered in the Perfbook application to the CNIL.
For more information, please consult our Privacy policy
SDLP reserves the right to modify the General Terms and Conditions at any time.
These changes will come into force and apply after acceptance by the user and upon renewal of the contract.
The User authorizes SDLP to quote its name and use its logo in its commercial references on any media and in any medium.
These terms and conditions are governed exclusively by French law.
The nullity or invalidity of any of the clauses of the Contract shall not affect the validity of the remainder.
In the absence of amicable agreement, it is agreed that the courts within the jurisdiction of the Riom Court of Appeal shall have exclusive jurisdiction over any disputes arising from the interpretation and/or performance of the present contract.
For more information, please consult our Privacy policy