Article 1. DEFINITIONS
“Administrator(s)” refers to persons having administration rights on Dassault Systèmes tools consumed for use through NextCube.IO – XDI Europe.
“Support” means the support service provided to Customer, under this Agreement, as described in Section 4.
“Contract” means this document and any subsequent amendments thereto, to the exclusion of any other document, including Customer’s general terms and conditions of purchase.
“User(s)” refers to natural persons, employees or agents of the Customer.
Article 2. SUBJECT
The purpose of this Agreement is to define the conditions under which NextCube.IO – XDI Europe provides the Customer, through its supplier, Dassault Systèmes, with subscriptions to Dassault Systèmes services.
Article 3. DURATION
This Agreement shall be effective as of the date of execution of this Agreement. It will continue for an indefinite period, it can then be terminated by either party by email@example.com with confirmation of receipt, or registered letter with acknowledgement of receipt, at any time, subject to a notice period of 15 Days before the date of termination of subscription. In the event of termination by the Customer, the Customer assumes full responsibility for the consequences of the termination of the Contract, particularly in terms of continuity of its internal management. The contract is applied under the same conditions as those imposed by Dassault Systèmes in the contract for the product(s) ordered https://www.3ds.com/terms/lpt/.
Article 4. SERVICES
The Customer declares to have been able to ensure, before the conclusion of the Contract, that the services proposed by NextCube.IO – XDI Europe are in conformity with its expectations. Any services not expressly provided for in this Agreement are excluded from the scope of this Agreement and shall be the subject of a separate agreement. These services are provided exclusively remotely, with a common control of the administrators’ workstations if the customer’s infrastructure allows it. The training of Administrators is unlimited, subject to the availability of trainers and exclusively on the topics proposed in the training catalog. NextCube.IO – XDI Europe provides telephone support for administrators on Dassault Systèmes solutions. As such, NextCube.IO – XDI Europe tries to solve remotely the problems and questions related exclusively to the software packages consumed within the framework of this contract, which are submitted by the Administrators. The Assistance Service is available from Monday to Friday from 9:00 am to 6:00 pm, except on public holidays, by sending an email to firstname.lastname@example.org Incidents and questions are handled by level 1 support, then move to level 2 if they are not resolved, then move to level 3 if they are not resolved. They are then taken care of directly by the editor via our contract if they are not solved. Publishers have their own support procedures. The software packages are in no way the responsibility of NextCube.IO – XDI Europe. The customer chooses the software packages under his responsibility. He declares that he has been able to freely ascertain, in particular through demonstrations and tests prior to the conclusion of the Contract, that the software packages meet his needs and that he has the computer environment required for their use. No claim or request for reimbursement may be made by the customer on the grounds that one or more software packages do not satisfy him or her, nor in the event of termination or cessation, for any reason whatsoever, of the subscription taken out by the customer with the software package publisher(s). The services are provided by NextCube.IO – XDI Europe exclusively for the software packages consumed under this Agreement. The software packages consumed within the framework of this contract are not under any circumstances the responsibility of NextCube.IO – XDI Europe.
Article 5. INTELLECTUAL PROPERTY
The Contract does not imply any transfer or concession of intellectual property rights between the Customer and NextCube.IO – XDI Europe. The supported software packages are and remain the property of their respective publishers. The Customer is responsible for the respect of the intellectual property rights of the editors by the Users and releases NextCube.IO – XDI Europe from any responsibility in this respect.
Article 6. FINANCIAL CONDITIONS
The Customer agrees to pay (monthly, quarterly or annually depending on the plans), by direct debit, the sum of Dassault Systèmes subscriptions used through NextCube.IO – XDI Europe. The calculation of consumption by Dassault Systèmes is available upon request. These consumptions are mentioned without tax and will therefore be increased by the taxes in force on the day of the invoicing. In case of non-payment, even partial, of an invoice, whatever it is, at its due date, NextCube.IO – XDI Europe reserves the right to suspend or have suspended all services until full payment of the sums due, without reimbursement or compensation, and without this suspension being considered as a termination of the Contract, but without prejudice to NextCube.IO – XDI Europe’s right to terminate the Contract. In case of failure of the collection, a fixed indemnity of the amount provided for by article D. 441-5 of the Commercial Code will be charged for the costs of representation of the claim. Unless otherwise indicated on the initial quote, any discounts are only valid for the subscription period of the initial contract. In the specific case of startups, renewals are renewed at the lowest level in 3DEXPERIENCE SOLIDWORKS STANDARD in year 2 and 3 of the program.
Article 7. ACCESS AND TELECOMMUNICATIONS
The Customer is personally responsible for acquiring the equipment and subscribing to the telecommunications subscriptions (phone, Internet access) required to use the services.
Article 8. RESPONSIBILITY
NextCube.IO – XDI Europe is subject to a general obligation of means. By express agreement, NextCube.IO – XDI Europe is not responsible for indirect damages, nor for damages such as commercial prejudice, loss of customers, loss of profits, increase in expenses, image prejudice, moral prejudice, loss of data, files or software, which could result for the Customer from the execution or the non-execution of the Contract Any action brought against the Customer by a third party is considered an indirect loss and therefore does not give rise to a right to compensation. In any case, if the responsibility of NextCube.IO – XDI Europe should nevertheless be retained, the amount of the damages which could be put at its charge could not exceed, all prejudices included, the sums effectively perceived by NextCube.IO – XDI Europe, as a result of the execution of the present Contract during the month during which would have occurred the fact generating responsibility. It is expressly agreed that this section shall survive the termination or rescission of the Contract for any reason.
Article 9. TERMINATION
The Contract may be terminated by operation of law in the event of non-compliance by the Customer with any of its obligations, in particular in the event of non-payment of all or part of the sums due to NextCube.IO – XDI Europe. This cancellation will take effect as soon as NextCube.IO – XDI Europe notifies you by registered letter with acknowledgement of receipt, without prior notice. The sums paid in advance by the Customer will remain acquired by NextCube.IO – XDI Europe as penalties, without prejudice to the right of NextCube.IO – XDI Europe to seek judicial compensation for the entire damage caused by the Customer’s failure to comply.
Article 10. TRANSFER OF THE CONTRACT
The Customer shall not assign this Agreement to a third party. NextCube.IO – XDI Europe can freely, without any other formality than informing the Customer by registered letter with acknowledgement of receipt, transfer the Contract to any third party of its choice, subject to the commitment of this third party to ensure the execution of the obligations incumbent to NextCube.IO – XDI Europe.
Article 11. PERSONAL OR CONFIDENTIAL DATA
NextCube.IO – XDI Europe, can only be led, within the framework of the Contract, to carry out personal data processing on behalf of the Customer, who is the only person responsible for such processing. Consequently, they may not under any circumstances have the status of subcontractor within the meaning of Law No. 78-17 on data processing, files and freedoms or Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
Furthermore, they will not have access to any personal or confidential data stored or processed by the Customer in the context of the services covered by the Contract. In this respect, it is the Customer’s responsibility to take all necessary precautions to hide such data and avoid any display or disclosure, when Support or maintenance operations, involving screen sharing or remote control, are carried out by NextCube.IO – XDI Europe or its subcontractors.
Article 12. APPLICABLE LAW AND JURISDICTION
The Contract is governed by French law.
THE PARTIES AGREE TO SUBMIT TO THE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, WHICH SHALL HAVE SOLE JURISDICTION, EVEN IN THE EVENT OF A PLURALITY OF DEFENDANTS, A WARRANTY CLAIM OR A CLAIM FOR DAMAGES, FOR ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION OR EXECUTION OF THIS CONTRACT. FURTHERMORE, ANY ACTION AGAINST NEXTCUBE.IO – XDI EUROPE UNDER THIS CONTRACT SHALL BE BARRED AFTER ONE YEAR FROM THE EVENT THAT GAVE RISE TO IT.