1. Scope of application
The following general terms and conditions of sale are applicable to all orders of software and hardware placed with MICROTIS.
2. Conclusion of the contract
The following rules apply to an order :
- The customer acquires a license to use one or more software products from MICROTIS. The software and its sources remain the exclusive property of MICROTIS.
- Any order from a customer must be based on a written offer that MICROTIS will have sent to him beforehand. The offer can be made by email or by post.
- The sale is concluded by signing the written offer. The signature commits the customer to respect the commercial conditions described in the offer. All software is subject to maintenance and support, the conditions of which will be detailed in the offer.
- An oral confirmation does not constitute an act of sale. A modification of the offer by the customer does not constitute a constraint for MICROTIS.
- At the request of the customer, Microtis can draw up a licence, maintenance and support contract. These contracts describe in detail the licences acquired, the delivery terms and the conditions of implementation of the software. These contracts do not replace the deed of sale but establish the specific conditions binding MICROTIS to the customer in the execution of the order.
The software is delivered on computer media and is installed by MICROTIS unless otherwise agreed by MICROTIS. Unless MICROTIS delivers the hardware, the customer is responsible for providing the machines on which the ordered software will be installed.
The customer is not allowed to make copies of the software and its documentation except for his own use. The customer is not allowed to distribute the software and its documentation to third parties, even partially.
4. Reservation of title
The software licenses and the delivered hardware remain our property until full payment of the invoices issued by MICROTIS.
- The software is guaranteed for one year after delivery to the customer. The conclusion of the maintenance contract guarantees the software against any possible errors in the software. In the event of an error detected by the customer, MICROTIS shall bear the cost of correcting the software error.
- The customer is responsible for the data he manages with the MICROTIS software. He will take care to make the necessary backups after each modification of the data by the software he has licensed. MICROTIS is not responsible for any damage the customer may have suffered due to an application error. If data is destroyed, the customer shall be responsible for its reconstruction.
- For any hardware delivered by MICROTIS, the manufacturer's warranty is applicable.
- The warranty comes into effect upon delivery of the software and hardware to the customer.
MICROTIS and its employees shall observe the strictest confidentiality with regard to data to which they have access during the execution of their work.
7. Data Protection
The information provided to us by the customer during the execution of the contract remains the property of the customer. MICROTIS may only use this data in the context of maintenance and especially in the event of the detection of an error that cannot be reproduced by MICROTIS. The processing of customer information is in accordance with the legal provisions of the Data Protection Act. The information is deleted as soon as there is no longer any need to store it. The customer has a permanent right of access protection verification of all his data.
The sales contracts between MICROTIS and the customer are subject to Luxembourg law. In the event of any disputes, the Commercial Court of Luxembourg has exclusive jurisdiction.
The invalidity of a clause of these general terms and conditions does not entail the invalidity of the rest of the clauses.