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General Terms and Conditions of Sale

Article 1. Preamble

TEAM’DOC is a simplified joint-stock company (SAS) with a share capital of €182,700, registered with the Paris Registry of Companies under the number 823 684 063, headquartered at 22 rue Drouot, 75009 Paris, represented by Michel ROZENCWAJG, as its President.

TEAM’DOC developed an I.T. platform (hereafter referred to as the “SOFTWARE”) for healthcare professionals, which enables the transmission of data between users and facilitates the standardisation of hospital admissions.

The SOFTWARE offered by the company TEAM’DOC is a standard product developed to meet the needs of the greatest number of USERS. It is incumbent upon the CLIENT to ensure the SOFTWARE is suitable for their purposes.

Article 2. Definitions

The implementation of this agreement requires that the following terms be understood according to the meaning set out below:

  • “ANOMALIES” refer to an inherent software failure to execute a task in line with its technical specifications that can be reproduced in the presence of a TEAM’DOC representative or identified by the latter and that is not the result of failure to comply with the SOFTWARE operating instructions or inappropriate HARDWARE operating conditions.
  • “CLIENT” refers to the legal entity contracting with TEAM’DOC under the present terms and conditions.
  • “GTCS” refers to the present General Terms and Conditions of Sale subject to which TEAM’DOC provides the CLIENT with services relating to the SOFTWARE and potentially EQUIPMENT, relating to SOFTWARE maintenance, assistance, and hosting.
  • “CONTRACT” refers to the present GTCS and the specific conditions agreed upon with the CLIENT when placing their order.
  • “SOFTWARE” refers to the Team’Doc software provided by TEAM’DOC to the USER.
  • “PARTY” or “PARTIES” refers, individually or collectively, to TEAM’DOC and the CLIENT.
  • « SERVICE(S) » means the maintenance, assistance and hosting services relating to the SOFTWARE provided by TEAM'DOC to the CUSTOMER.
  • 'USER' means the natural person of full age and capacity, exercising, within the CUSTOMER or in partnership with the CUSTOMER, a regulated health profession, within the meaning of the provisions of the French Public Health Code (doctors, dental surgeons, midwives, pharmacists) or a regulated profession of a paramedical or social nature (nurse's aide, ambulance driver, childcare assistant), health executive, chiropractor, dietician, occupational therapist, nurse, nurse anesthetist, operating room nurse, electro-radiology technician, physiotherapy masseur, optician, speech therapist, osteopath, pedicurist, chiropodist, podiatrist, podiatrist, pharmacy technician, dental technician, psychologist, psychomotor therapist, child care worker, biomedical analysis technician, social worker). Students and retirees in the above professions are also included in this definition.

Article 3. Purpose

3.1. Any SOFTWARE sold by TEAM’DOC is subject to the present GTCS.

3.2. Any other conditions or clauses, in particular the CLIENT’s general terms and conditions of purchase, that do not conform with the present GTCS, are unenforceable against TEAM’DOC in the absence of express acceptance from a duly authorised TEAM’DOC representative.

3.3. Should the present CONTRACT be agreed upon through public procurement with a public health facility under article L.6141-1 of the French Public Health Code, the conditions of the French Public Procurement Code will prevail over the present GTCS.

3.4. By contracting with TEAM’DOC, the CLIENT expressly recognises that they have understood, accepted, agreed to abide by, and acknowledge that they are legally bound by these GTCS.

Article 4. Order confirmation

4.1. In the context of subscription by healthcare institutions (so-called B2B model): the SOFTWARE and the SERVICES provided by TEAM'DOC are invoiced on the basis of rates presented to the CUSTOMER on the day of the order. Prices are exclusive of tax.

4.2. In the context of subscription by the USERS (so-called B2C model): the SOFTWARE and the SERVICES provided by TEAM'DOC are invoiced on the basis of rates presented to the CUSTOMER when subscribing to the subscription of his choice, by purchase integrated directly within the application (in-app purchase). The duration of the subscription is at the CUSTOMER's discretion.

4.3. Any delay in the payment of an invoice may automatically and without prior notice of default accrue interest at the European Central Bank's advance payment rate plus two (2) points per month of delay, starting on the twentieth (20th) business day following the date on which payment is due, plus any additional taxes payable by the CUSTOMER, subject to any damages to which TEAM'DOC may be entitled as a result of such delay and to any other rights of TEAM'DOC here under.

4.4. The CLIENT's failure to pay on the due date shall automatically and with prior formal notice result in :

  • - the suspension of all ongoing services or the termination of this AGREEMENT. In this case, the sums already paid by the CUSTOMER shall remain definitively acquired by TEAM'DOC;

  • - the immediate payment of all outstanding amounts regardless of the method of payment provided for, and is charged a late payment penalty at the interest rate of the European Central Bank at its most recent refinancing operation plus two (2) percentage points, the penalty being due solely by reason of the maturity of the contractual term. The penalty is calculated pro rata temporis for each period of one month.

TEAM'DOC and the CUSTOMER reserve the right to decide, by mutual agreement, that the SOFTWARE and the SERVICES shall be provided exceptionally and temporarily free of charge. In such a case, Articles 4.1.to 4.4, as well as Article 6.2.3 of these GCS shall not apply.

Article 5. Duration of the CONTRACT

These GTC are concluded for an indefinite period of time and may be terminated at any time under the conditions set out in Article 6 hereof.

Article 6. Termination

6.1. Termination at the initiative of the CUSTOMER The CUSTOMER may automatically terminate the CONTRACT at any time by simply unsubscribing or deactivating its PROFILE. This termination will result in the termination of access to the software.

6.2. Suspension/Termination at the Initiative of TEAM'DOC

  • 6.2.1.TEAM'DOC reserves the right to suspend access to the SOFTWARE without compensation, if necessary without prior notice in view of the seriousness of the facts, if the CUSTOMER fails to comply with any of its obligations hereunder, and in particular in cases where :

    • - an act of hacking or attempted illicit use of the information of the SOFTWARE has for cause or originates from the account of the CUSTOMER and the USERS attached to the CUSTOMER;

    • - an act of hacking or attempted hacking of the SOFTWARE is due to or originates from the connection with the CUSTOMER's account or with the profile of the USERS attached to the CUSTOMER; - the SOFTWARE is used in such a way as to harm third parties, or which would be contrary to morality or public order.

  • 6.2.2. Once access to the SOFTWARE has been suspended and after formal notice has been sent to the CUSTOMER and has remained without effect for a period of fourteen (15) days, TEAM'DOC shall be entitled to definitively remove access to the SOFTWARE by the CUSTOMER and the related USERS without compensation unless the cause of the suspension has disappeared during this period or if TEAM'DOC grants the CUSTOMER additional time to fulfil its obligations.

  • 6.2.3. In the event of non-payment of the sums due by the USER as part of a subscription to the TEAM'DOC PRO offer or in the event of non-renewal of the subscription, access to the software shall be restricted to its free version (TEAM'DOC MESSENGER).

Article 7. Concession of rights of use on the SOFTWARE

7.1. This SOFTWARE user license or subscription applies to any software including any program incorporated in the SOFTWARE provided by TEAM'DOC to the CUSTOMER.

7.2. Scope of license or subscription :

  • 7.2.1. In consideration of the fee for the SOFTWARE and the SERVICES provided in accordance with these GTC, TEAM'DOC hereby grants the CUSTOMER the non-exclusive and non-transferable right to use the SOFTWARE, for its own needs and/or for the needs of the USERS.

  • 7.2.2. The CUSTOMER shall refrain from making the SOFTWARE available to third parties, directly or indirectly, for any reason whatsoever, whether in return for payment or free of charge, with the exception of its USERS, who shall in any event comply with TEAM'DOC's general conditions of use. In this respect, the CUSTOMER guarantees that the USERS will comply with the general conditions of use (CGU)and agrees to suffer the consequences of a possible non-respect of these general conditions of use by the USERS.

7.3. Confidentialité – interdiction de copier :

  • 7.3.1. The CUSTOMER shall refrain from copying the SOFTWARE in any form whatsoever, subject to the legal exceptions provided by the provisions of the Intellectual Property Code.

  • 7.3.2. The CUSTOMER undertakes to keep the content of the SOFTWARE confidential and agrees not to transfer, publish, exhibit, disclose or otherwise make the SOFTWARE available to any third party.

  • 7.3.3 The CUSTOMER shall also refrain from translating, modifying, assembling in a different order, dismantling, disassembling or creating derivative works from the SOFTWARE or any part of the SOFTWARE, or prohibit third parties from doing so.

7.4. Property rights :

  • 7.4.1. All rights and in particular copyright relating to the SOFTWARE or copies thereof shall belong to TEAM'DOC.

  • 7.4.2. Any copy of the SOFTWARE must legibly include any notices or markings on the original SOFTWARE regarding confidential information, ownership and copyright.

7.5. The present user license will take effect from the date of delivery of the SOFTWARE to the CUSTOMER and will remain in force for an indefinite period. In the event of a breach by the CUSTOMER of any of the provisions of this user license or this CONTRACT, TEAM'DOC may terminate it immediately.

7.6. Conflicts:

In the event of a conflict between one of the stipulations of this article entitled, "Grant of rights of use on the SOFTWARE" and the stipulations of the other articles of these GCS, the provisions of this article shall prevail.

7.7. Technical measures to protect the SOFTWARE :

TEAM'DOC reserves the right to integrate a security mechanism into the SOFTWARE to monitor its use and verify that the CUSTOMER and the USERS comply with the terms of these GTCs. Such security mechanism shall record data relating to the use of the SOFTWARE and the number of copies made of the SOFTWARE. TEAM'DOC reserves the right to use a locking system and/or a license authorization key to control access to the SOFTWARE. The CUSTOMER shall not be authorized to attempt to avoid or defeat such measures. Use of the SOFTWARE without the lock system or authorization key is prohibited. The CUSTOMER authorises TEAM'DOC to check at any time, with or without notification, the records of the security mechanism put in place to verify the rate of use of the SOFTWARE. In order to determine the correct use, the CUSTOMER authorises TEAM'DOC to collect any relevant information through the use of monitoring tools or security mechanism inserted in the SOFTWARE.

7.8. Litigation:

The CUSTOMER undertakes to inform TEAM'DOC promptly of any difficulties relating to intellectual property rights that it may encounter and undertakes to collaborate loyally with TEAM'DOC so that the latter may assert its rights in this respect. THE CUSTOMER SHALL REFRAIN FROM REPRODUCING OR EXPLOITING SAID STUDIES, DRAWINGS, MODELS AND PROTOTYPES WITHOUT THE PRIOR WRITTEN AUTHORISATION OF TEAM'DOC.

Article 8. Availability of the SOFTWARE

8.1. TEAM'DOC undertakes to implement all necessary means to make the SOFTWARE accessible on the hosting platform 24 hours a day, every day of the year. The guaranteed availability rate for the platform hosting the SOFTWARE is 99.50%, in accordance with the current criteria defined by the approved Health Data Service (HDS) hosting providers. However, apart from this percentage, TEAM'DOC shall have a ten (10) minute maintenance slot per month on the SOFTWARE.

8.2. If necessary, TEAM'DOC reserves the right to interrupt access to the service in order to carry out technical maintenance and/or improvement work to ensure that the SOFTWARE functions properly. TEAM'DOC shall make every effort to inform the CUSTOMER, as far as possible, of the existence and duration of the intervention. These interruptions of the SOFTWARE shall not give rise to any compensation from the CUSTOMER.

8.3. The availability of the SOFTWARE is measured by an indicator called Maximum Service Interruption (MSI). The MSI is the cumulative number of service interruptions during the reference period which, as the case may be :

  • - begins on the first of January or on the date of the last delivery of the SOFTWARE, if this takes place within the current calendar year,

  • - shall end on 31 December, or on the date of termination, or on the date of the last delivery, if these take place in the current calendar year.

TEAM'DOC undertakes to maintain the IMS less than or equal to two (2) hours for the SOFTWARE in accordance with the current criteria defined by the HDS. Should this objective not be met, the PARTIES shall meet at the end of the period under consideration to discuss the consequences to be drawn from this situation.

Article 9. Maintenance and assistance

9.1. TEAM'DOC undertakes to provide the CUSTOMER with corrective and evolutionary system maintenance services on behalf of the CUSTOMER, as well as assistance services as defined hereafter.

9.2. Corrective maintenance services :

  • 9.2.1. The corrective maintenance services provided by TEAM'DOC consist exclusively of :

    • - the correction of the ANOMALIES of operation encountered by the CUSTOMER in the exploitation of the SOFTWARE and the restitution of the files possibly damaged following the occurrence of the said ANOMALIES;

    • - compliance of the SOFTWARE with new versions of the operating system, provided that the latter has been previously approved in writing by TEAM'DOC.

  • 9.2.2. The request for correction of the ANOMALIES detected by the CUSTOMER must be the subject of an ANOMALY report including: the CUSTOMER's references, the nature and effects of the ANOMALY, the urgency of the intervention depending on whether or not the ANOMALY totally blocks the exploitation of the SOFTWARE.

  • 9.2.3. The CUSTOMER shall make its request in writing (by mail, fax or post). He will have to communicate the information necessary for the diagnosis. This request may then be pursued by telephone.

  • 9.2.4. The time taken to correct ANOMALIES will depend on the severity of the ANOMALY identified :

  • 9.2.5. TEAM'DOC undertakes to keep the CUSTOMER regularly informed of the progress of the correction procedure.

  • 9.2.6. Maintenance does not cover any specific developments carried out by any other third party company in connection with the SOFTWARE.

  • 9.2.7. TEAM'DOC chooses the most appropriate means to carry out the correction of ANOMALIES: sending a magnetic or optical support, travel of a competent technician.

  • 9.2.8. In order to facilitate maintenance services, the CUSTOMER undertakes to :

    • - provide, in support of the request for correction following an ANOMALY, any information likely to facilitate the search for the causes of the ANOMALY;

    • - give TEAM'DOC free access to its premises and computer system for the days and hours necessary for the performance of the CONTRACT;

    • - to provide TEAM'DOC with all the EQUIPMENT means enabling it to carry out its maintenance mission.

  • 9.2.9. TEAM'DOC shall be released from any obligation in the event that :

    • - the SOFTWARE has not been used in accordance with the provisions set out in particular in these terms and conditions, as well as in the general conditions of use ;

    • - The configuration of the SOFTWARE has been modified without the prior agreement of TEAM'DOC ;

    • - the SOFTWARE environment has malfunctions (operating system, device drivers, software from other vendors, etc.) or is incompatible with the use of the SOFTWARE ;

    • - maintenance operations have been carried out by the CUSTOMER or a third party without the prior written consent of TEAM'DOC;

    • - the malfunction is due to a failure or an intrinsic malfunction of the operating system (WINDOWS or others).

  • 9.2.10. In the event of TEAM'DOC's intervention on the CUSTOMER's site at the CUSTOMER's request, under this CONTRACT in the hypotheses provided for in paragraph 9.2.9 above, said intervention shall be considered as an additional service that shall be billable according to the rate in force at TEAM'DOC.

9.3. Upgradeable maintenance services :

  • 9.3.1. TEAM'DOC undertakes to inform the CUSTOMER by any means at its convenience of the availability of new versions of the SOFTWARE.

  • 9.3.2. TEAM'DOC undertakes to provide the CUSTOMER, upon the CUSTOMER's request and on magnetic media, or by any other means at its convenience, with the latest versions of the SOFTWARE.

  • 9.3.3. This AGREEMENT covers only the supply of new versions of the SOFTWARE. Installation services shall be invoiced on a time-spent basis in accordance with TEAM'DOC's current price list.

9.4. Hotline services :

  • 9.4.1. TEAM'DOC undertakes to assist the CUSTOMER with a view to the proper use of the SOFTWARE by the CUSTOMER and, in particular, to resolve any difficulties that the CUSTOMER and/or the USERS may encounter in using the SOFTWARE.

  • 9.4.2. Telephone assistance shall be provided by TEAM'DOC 24 hours a day, every day of the year.

  • 9.4.3. TEAM'DOC shall be released from any obligation in the event that :

    • - the SOFTWARE has not been used in accordance with the provisions set out in particular in these terms and conditions, as well as in the general conditions of use;

    • - the SOFTWARE configuration has been modified without the prior agreement of TEAM'DOC ;

    • - the SOFTWARE environment has malfunctions (operating system, device drivers, software from other vendors, etc.) or is incompatible with the use of the SOFTWARE ;

    • - maintenance operations have been carried out by the CUSTOMER or a third party without the prior written consent of TEAM'DOC;

    • - the malfunction is due to a failure or an intrinsic malfunction of the operating system (WINDOWS or others).

  • 9.4.4 In the event of TEAM'DOC's intervention at the request of the CUSTOMER under this CONTRACT and in the cases provided for in Article 9.4.3 above, said intervention shall be considered as an additional service that shall be invoiced at TEAM'DOC's current rate.

Article 10. Obligations of the CUSTOMER

10.1. For the purposes of performance of the CONTRACT, the CUSTOMER certifies that it is using computer equipment in good working order and conforming to the minimum configuration required by TEAM'DOC.

10.2. The CUSTOMER undertakes to inform TEAM'DOC as soon as possible of any change in its professional and personal details. The CUSTOMER alone shall assume all the consequences of any delay in communicating its contact details.

Article 11. Guarantees

11.1. TEAM'DOC warrants that it is the owner of the intellectual property rights enabling it to enter into this CONTRACT and that the application is not likely to infringe the rights of third parties. It also warrants that the application does not constitute, in whole or in part, either an infringement or unfair competition.

11.2. TEAM'DOC's warranty and obligations under these conditions shall not apply in the event of misuse of the SOFTWARE or in the event of use not in accordance with the instructions given by TEAM'DOC.

Article 12. Responsibility

12.1. TEAM'DOC's liability for any part of the SOFTWARE, services or other items or products delivered hereunder shall in no event exceed the amount paid by the CUSTOMER to TEAM'DOC for the SOFTWARE and SERVICES.

12.2. TEAM'DOC shall in no event be held liable to the CUSTOMER or any third party for any direct or indirect damage, loss of profits or loss of earnings that may arise in connection with the use of the SOFTWARE and the SERVICES.

12.3 In particular, TEAM'DOC shall not be held liable in the following cases, without this being an exhaustive list:

  • - Interruption of service for technical maintenance of the SOFTWARE ;

  • - Interruption of networks, delays or delays in the routing of electronic messages or any other data ;

  • - HARDWARE or Software Failures ;

  • - Malevolence, data theft, computer viruses, inadequate protection and backup measures;

  • - Handling or input errors, misuse of the SOFTWARE ;

  • - Loss of data, business interruption or other loss of a pecuniary nature that would result;

  • - Misappropriated or malicious use of data collected as part of the use of the SOFTWARE;

  • - All cases of force majeure, unforeseeable events or any other causes that do not depend on the deliberate will of TEAM'DOC.

12.4. Although TEAM'DOC scrupulously ensures that the content of the SOFTWARE is correct, the information provided may be incomplete or contain errors. No assurance or warranty, express or implied, can be given by TEAM'DOC as to the accuracy and reliability of the information or data in the SOFTWARE. Use of the SOFTWARE is a personal risk that each USER takes. TEAM'DOC shall not be held liable if the USER commits or refrains from committing any action as a result of its use of the SOFTWARE. The USER shall systematically check the relevance of the information provided by the SOFTWARE and shall remain solely responsible for his decisions.

12.5. TEAM'DOC shall not be held liable for misuse of the SOFTWARE, failure to maintain the SOFTWARE, incorrect use of the SOFTWARE, or use of a non-conventional system.

12.6. TEAM'DOC's obligations under this CONTRACT shall be obligations of means and in no way obligations of result.

Article 13. USER and CUSTOMER data - Personal data

13.1. The CUSTOMER must take all necessary measures for the protection of its information system and in particular with regard to protection against viruses, worms and other hostile intrusion processes.

13.2. Any operations to restore or reconstitute lost or damaged data, programs or files are not covered by this AGREEMENT.

13.3. Personal Data of the CUSTOMER and the USERS - TEAM'DOC only collects and processes Personal Data (the term 'Personal Data' being understood in accordance with the French Data Protection Act of 6 January 1978 and the General Data Protection Regulations (known as the 'RGPD') of 27 April 2016) concerning the CUSTOMER and the USERS for which it has legal bases. The legal bases include the consent of the CUSTOMER and the USERS (where the latter have given their consent), the contract (where the processing of data is necessary for the performance of the sales contract concluded between TEAM'DOC and the CUSTOMER, or for the performance of the contract concluded between TEAM'DOC and the USERS to enable them to use the SOFTWARE and the SERVICES) and the 'legitimate interests' of TEAM'DOC.

TEAM'DOC undertakes to protect the personal data of each CUSTOMER and each USER, and to treat them in the strictest confidence. In this respect, TEAM'DOC guarantees the CUSTOMER and the USERS that they will comply with the legal and regulatory obligations incumbent upon them with regard to the protection of personal data, and in particular that they will comply with the requirements of Regulation (EU) 2016/679 of 27 April 2016 (known as 'RGPD').

The CUSTOMER acknowledges and accepts that TEAM'DOC is required to collect and process Personal Data concerning the CUSTOMER, under the terms and for the sole purposes described in the privacy policy attached to these GTC.

The data subjects have rights, as explained in the privacy policy and can exercise their rights by sending an e-mail to the following address rgpd@teamdoc.fr, indicating their surname, first name and address.

13.4. Data provided by USERS - In the course of using the SOFTWARE, USERS may provide Personal Data from third parties, in particular information about patients. In this case, TEAM'DOC shall carry out, as a subcontractor and on behalf of the CUSTOMER, the Personal Data processing operations necessary for the operation of the SOFTWARE.

As such, TEAM'DOC undertakes to :

  • - Only process Personal Data in accordance with the CLIENT's written instructions. If TEAM'DOC is required to transfer data to a third country or to an international organization under the law of the Union or the law of the Member State to which it is subject, TEAM'DOC shall inform the CUSTOMER prior to the processing, unless the law concerned prohibits such information for important reasons of public interest. ;
  • - To process the Personal Data solely for the purpose(s) that is/are the subject of the subcontracting, as defined by the CLIENT. ;
  • - To implement or maintain appropriate technical and organisational measures to protect the data and to assist the CLIENT, as far as possible, in fulfilling its obligation to comply with requests made by data subjects to exercise their rights. ;
  • - Assist the CUSTOMER, given the nature of the processing, to ensure compliance with the obligations set forth in Articles 32 and 36 of the GDMP, taking into account the information available to TEAM'DOC; and to make available to the CUSTOMER all information requested to enable the CUSTOMER to demonstrate that the obligations set forth in Article 28 of the GDMP have been met ;
  • - Delete all Personal Data or return them to the CLIENT at the end of the CONTRACT, and destroy the existing copies, unless the law of the Union or the law of the Member State requires the retention of the Personal Data. ;
  • - To make available to the CLIENT all information necessary to demonstrate compliance with the obligations provided for in this Article and to enable audits to be carried out by the CLIENT or another auditor it has commissioned, and to contribute to such audits.
  • - Inform the CUSTOMER as soon as possible if, in TEAM'DOC's opinion, an instruction relating to data processing transmitted by the CUSTOMER infringes applicable legislation ;
  • - Guarantee the confidentiality of the Personal Data processed under this CONTRACT and ensure that the persons authorised to process the Personal Data under this CONTRACT undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of Personal Data.

Notification of Security Breaches and Complaints - If TEAM'DOC suspects a violation of Personal Data, TEAM'DOC shall notify the CUSTOMER as soon as possible and undertakes to provide the CUSTOMER with a description of the said violation as well as all information that the CUSTOMER may reasonably request in light of the situation.

Similarly, if TEAM'DOC receives a complaint, notification or communication that relates, directly or indirectly, to the processing of Personal Data on behalf of the CUSTOMER, to compliance by one of the PARTIES with the applicable legislation or to the exercise of the rights of the persons concerned, TEAM'DOC shall inform the CUSTOMER as soon as possible.

Subcontracting - TEAM'DOC shall not allow access to or transfer Personal Data to a subcontractor without the CUSTOMER's consent, it being understood that the same data protection obligations as those set forth in the CONTRACT shall be imposed on such other subcontractor by contract or by means of another legal act under the law of the Union or the law of a Member State. On the day of signing the CONTRACT, TEAM'DOC shall use the services of an approved health data host (HDS) as a subcontractor for which the CUSTOMER already gives its agreement.

13.5. Secure hosting: TEAM'DOC guarantees secure hosting, in compliance with the applicable standards, of the SOFTWARE and the data collected as part of its operation.

TEAM'DOC recognizes that patient data are sensitive and critical health data that require compliance with the following conditions:

  • - an approved health data host (HDS) guaranteeing maximum security and conforming to the recommendations of the CNIL,
  • - Strong authentication: user number and password and/or biometrics and/or health professional card,
  • - high availability servers.

13.6. Sensitive Data :

TEAM'DOC declares that it is aware and has brought to the attention of its employees the strictly confidential nature of the health data handled by the CUSTOMER and USERS in the SOFTWARE. Consequently, it undertakes to ensure that this commitment to confidentiality is respected without any time limit. In addition, it undertakes to ensure that no health data is consulted without the express agreement of the CUSTOMER and in any event only in connection with the SERVICES provided under this CONTRACT.

TEAM'DOC undertakes in particular to never consult medical data that is not directly related to the SERVICES provided to the CUSTOMER within the scope of this CONTRACT, and in particular within the scope of its maintenance and assistance services, and undertakes to ensure that this obligation is respected by its employees and contributors of any nature whatsoever, whether permanent or occasional.

Article 14. Intellectual Property

14.1 TEAM'DOC shall retain, as the holder of the rights, the entire intellectual property of the SOFTWARE, as well as all related prerogatives.

14.2. The CUSTOMER shall not acquire any intellectual property rights or any other rights other than those conferred by this CONTRACT.

14.3. By accepting these GTC, the CUSTOMER shall refrain from infringing on TEAM'DOC's legitimate interests. The CUSTOMER shall refrain from any type of use not expressly authorized by this CONTRACT, and in particular : - To use the SOFTWARE or to make backup copies thereof outside the conditions provided for in this CONTRACT; - To correct himself or to have any errors or anomalies in the SOFTWARE corrected by a third party without the prior written consent of TEAM'DOC; - To lend or make the SOFTWARE available by any means whatsoever, including via the Internet network; - to decompile the SOFTWARE, including for the purposes of interoperability or in particular for the purposes of creating a work derived from or competing with the SOFTWARE; - to translate, adapt, arrange, modify the SOFTWARE.

14.4. This AGREEMENT does not give the CUSTOMER the right to access the source codes of the SOFTWARE.

14.5. Any act of the CUSTOMER contrary to the foregoing provisions shall constitute an infringement and shall justify legal proceedings.

Article 15. Confidentiality

15.1. The CUSTOMER expressly undertakes to keep confidential all information of any kind belonging to TEAM'DOC to which it may have had access under these general terms and conditions of sale. It undertakes not to use or disclose such information without the prior written consent of TEAM'DOC.

Article 16. Miscellaneous provisions

16.1 Any amendment to the provisions of these GTC shall necessarily take the form of a written amendment, dated and signed by both PARTIES or by representatives specially authorised for this purpose in writing.

16.2. The PARTIES consider that in the event of a change in legal or regulatory provisions, these will be directly applicable to these GTC, without the need for an amendment to these GTC signed by the PARTIES. Their entry into force will be that provided for by publication in the Official Journal.

Article 17. Law and Jurisdiction

THIS CONTRACT IS SUBJECT TO FRENCH LAW BOTH FOR THE RULES OF FORM AND FOR THE RULES OF SUBSTANCE. IN THE EVENT OF A DISPUTE, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURTS OF THE JURISDICTION OF PARIS NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY.

THE PRESENT GENERAL CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW. THEY ARE WRITTEN IN FRENCH LANGUAGE. IN THE EVENT THAT THEY ARE TRANSLATED INTO ONE OR MORE LANGUAGES, ONLY THE FRENCH TEXT SHALL BE DEEMED AUTHENTIC IN THE EVENT OF A DISPUTE.

Article 18. Acceptance by the customer (by dematerialised means)

These General Terms and Conditions of Sale are expressly approved and accepted by the CUSTOMER, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase, which shall be unenforceable against TEAM'DOC, even if the CUSTOMER is aware of them.

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