The General Subscription Terms and Conditions (hereinafter referred to as the 'GSC') are exclusively for users of the Pro Entreprise website subscribing to one of the offers offered by the website. The GSC details the terms of subscription and use of the Pro Entreprise website. Subscribing to a subscription implies your full and unconditional acceptance of all these GSC and the General Terms and Conditions of Use.
ARTICLE 1 – INTEGRITY
These general conditions express the entirety of the parties' obligations.
They constitute the unique basis of the commercial relationship between the parties, which are deemed to accept them without reservation.
These General Subscription Conditions prevail over any other document.
They apply, without restriction or reservation, to all services provided by Pro Entreprise to Subscribers who are exclusively professionals.
L’abonnement au site Pro Entreprise est strictement réservé aux professionnels.
By 'party,' we mean the company that owns the Pro Entreprise website, namely the Irish company ACCESSNET MEDIA LIMITED or the Subscribers, interchangeably; by 'parties,' we mean the company ACCESSNET MEDIA LIMITED and the Subscriber.
By 'Subscriber,' we mean any professional acting for the needs of his/her activity.
The parties agree that these general conditions exclusively govern their relationship. ACCESSNET MEDIA LIMITED reserves the right to amend its general conditions from time to time.
They will apply as soon as they are posted.
These General Subscription Conditions are communicated to any Subscriber prior to subscribing to a subscription.
ACCESSNET MEDIA LIMITED reserves the right to derogate from certain clauses of these general conditions, depending on the negotiations conducted with the Subscriber, by means of special provisions contained in the contract.
These general conditions aim to define the rights and obligations of the parties in the context of online subscription to the Pro Entreprise website.
Pro Entreprise is a website that centralizes all the information from the Register of Commerce and Companies of France. Pro Entreprise offers legal and economic information about French companies. Users can access all the legal information about a French company.
The information published by Pro Entreprise regarding companies registered with the Register of Commerce and Companies comes from official sources, whether or not the company is registered with the RCS. Indeed, information about companies registered with the Register of Commerce and Companies comes from the public registers of each Commercial Court. For companies registered with the Register of Commerce and Companies in other jurisdictions, the information is provided by the INPI (National Institute of Industrial Property). Finally, for companies not registered with the Register of Commerce and Companies, the data published by Pro Entreprise comes from the SIRENE directory maintained by INSEE (National Institute of Statistics and Economic Studies).
By 'Subscriber,' we mean the professional who has subscribed to a subscription with Pro Entreprise.
Pro Entreprise grants the Subscriber a personal, non-exclusive, non-transferable, and non-assignable right to use the Pro Entreprise website for the entire duration of the contract and worldwide.
The Subscriber undertakes to use the Pro Entreprise website in accordance with its intended purpose.
The Subscriber undertakes not to make the Pro Entreprise website available to third parties and, in strict compliance with the terms provided herein, and undertakes not to make any other use, including any adaptation, modification, translation, arrangement, distribution, or decompilation.
By 'service' or 'services,' we mean all or part of the features of the Pro Entreprise website made available to the Subscriber by ACCESSNET MEDIA LIMITED through its Pro Entreprise website in execution of the subscription agreement.
Only Subscribers with a valid subscription can benefit from the paid services offered by Pro Entreprise.
Subscribing to a subscription automatically creates a subscriber account.
The Subscriber will access all the features of the Pro Entreprise website from their subscriber account.
Maintenance and update periods of the website, when necessary, may affect the proper functioning of the site.
Pro Entreprise undertakes to inform the Subscriber to the best of its ability about maintenance periods and to make every effort to reduce their number and duration.
ACCESSNET MEDIA LIMITED and Pro Entreprise cannot be held responsible for any possible consequences of these maintenance activities on the Subscriber's activities.
The creation of the subscriber account is the responsibility of the user.
The user will hold a subscriber account when they have provided all the information requested by Pro Entreprise, paid the subscription fee, and after approval of these General Subscription Conditions and Site Usage Conditions.
The Subscriber agrees to provide accurate and good faith information as requested.
The Subscriber remains responsible for any use made of their account from its creation, including access by users and third parties, and the fraudulent use of their username and password.
The Subscriber is responsible for the security, preservation, and use of their username and password.
ACCESSNET MEDIA LIMITED and Pro Entreprise cannot be held responsible in the event of fraudulent use of said username and password.
The subscriber account will be closed by Pro Entreprise immediately following the termination of the subscription by one or both parties, in accordance with these General Subscription Conditions, specific agreements between the Subscriber and Pro Entreprise, and applicable legal provisions.
The purpose of the identifiers is to reserve access to the Pro Entreprise website by the Subscriber and to guarantee its integrity and availability, as well as the integrity, availability, and confidentiality of the Subscriber's data.
The Subscriber assumes full responsibility for the confidentiality of the access identifiers to the customer account and undertakes to take all necessary measures to ensure that all identifiers are not disclosed to third parties and to report any incidents to Pro Entreprise without delay.
Pro Entreprise does not have access to the Subscriber's password, as it is encrypted.
In case of loss or theft of one of the aforementioned identifiers, the Subscriber will implement the procedure provided by Pro Entreprise to recover the identifiers.
ACCESSNET MEDIA LIMITED and the Subscriber are bound by a subscription contract.
This contract will be validly formed after Pro Entreprise receives information about the Subscriber, including banking information, and after the express acceptance of these General Subscription Conditions, duly completed.
The subscription is taken out by the Subscriber for an indefinite period.
It can be terminated at any time and without reason at the initiative of the Subscriber by filling out the unsubscribe form provided on the website.
Termination will take effect concurrently with the unsubscribe request.
Any month in progress will be fully owed by the Subscriber, even if the unsubscribe request is received by Pro Entreprise during the current month.
The subscription may also be terminated at the initiative of ACCESSNET MEDIA LIMITED in the event of the Subscriber's failure to pay any monthly installment owed.
You can subscribe to a subscription directly via the Pro Entreprise website by selecting the offer of your choice, providing your banking information, and accepting these General Conditions via the checkbox provided for this purpose.
Once you have clicked on the offer of your choice, provided your banking information, and accepted the General Conditions, we will confirm the activation of the subscription by email, to the email address provided when you created your account.
Once the subscription is activated, you can start enjoying the features of the site.
Upon conclusion of the subscription contract, the Subscriber is contractually obligated to pay the subscription price, namely:
By express agreement between the parties, the prices mentioned above may be revised by Pro Entreprise.
The monthly prices are all inclusive of taxes.
Monthly invoices will be made available to the Subscriber in their customer account.
All subscriptions are payable by recurring payment via secure credit card.
All operations related to the collection will be carried out through the STRIPE platform (https://stripe.com): ACCESSNET MEDIA LIMITED shall not be held responsible in case of STRIPE service malfunction.
The collection will be made each month on the anniversary date of the subscription contract regularization.
In case of refusal of collection, ACCESSNET MEDIT LIMITED shall be entitled to unilaterally terminate the subscription contract under the conditions and in accordance with the provisions of Article 5 of these General Conditions.
The commitments of ACCESSNET MEDIA LIMITED and Pro Entreprise constitute a duty of means, under which the services will be performed in strict compliance with professional standards in use, and, if applicable, in accordance with the terms of the contract. To do so, ACCESSNET MEDIA LIMITED will assign professionals with the required skills to ensure the execution of services in line with its quality standards.
ACCESSNET MEDIA LIMITED retains full ownership of all elements and features comprising the Pro Entreprise website as well as customer accounts.
The access and usage rights granted to Subscribers under the subscription contract do not constitute the assignment of any intellectual property rights to the benefit of the Subscribers.
ACCESSNET MEDIA LIMITED declares and guarantees that the Pro Entreprise website is original within the meaning of the French Intellectual Property Code and that it holds all intellectual property rights necessary to enter into a subscription contract with the Subscriber.
ACCESSNET MEDIA LIMITED declares and guarantees that the Pro Entreprise website is not likely to infringe upon the rights of third parties.
All complaints, whether amicable or judicial, relating to the performance of services must be made within one year from the end of the subscription.
Since the Subscriber is a professional contracting within the scope and for the purposes of their profession, there is no right of withdrawal provided for by the Consumer Code (Art. L.221-28 of the Consumer Code).
All circumstances beyond the control of the parties, preventing the normal performance of their obligations, are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible, external, unforeseeable, inevitable, and uncontrollable facts or circumstances that are beyond the parties' control and cannot be prevented by them, despite all reasonable efforts, shall be considered as cases of force majeure. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals, are: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the cessation of telecommunications networks or difficulties specific to telecommunications networks external to the clients.
The parties will come together to assess the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
If one or more provisions of these general conditions are held to be invalid or declared as such in accordance with a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations set forth in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
In the event of difficulty in interpreting any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles shall be declared non-existent.
These general conditions are subject to the application of French law. They are written in French. In the event of translation into one or more languages, only the French text shall prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.
If they do not succeed, the parties shall submit the dispute to the Commercial Court of Paris.