The company NXTASTE markets the digital platform “NXTASTE” (hereinafter the “Platform”) available on IOS and Android smartphones (defined as the “Application(s)”) and on the internet on the site https//www.nxtaste .com (hereinafter the “Site”) with retailer access, which allows consumer customers using the “NXTASTE” Platform who so wish (hereinafter “the Customers”) to order and pay online for products (pastries , wine, specialities, etc.), dishes and/or menus to take away from merchants referenced on the Platform (hereinafter the “Partners”).
These general conditions of sale (hereinafter "GTC") apply to any contractual relationship set up between the company NXTASTE (here referred to under its trade name "NXTASTE") and the Partner, to frame any sale made via the Platform, in the name and on behalf of the Partner by NXTASTE, of products, dishes and/or take-out menu prepared by the Partner.
Any contract entered into between NXTASTE and the Partner is subject to these T&Cs and to the Special Conditions where applicable (hereinafter the "CP"), and excludes all other conditions or any other document from the Partner and/or NXTASTE not having has been expressly approved by the Parties, including the Partner's general conditions of purchase.
These T&Cs cancel and replace all previous versions.
The Partner undertakes to read these T&Cs and, where applicable, the CPs, before validating their registration on the NXTASTE Platform and acknowledges that the fact of registering implies their full and unreserved adherence to these T&Cs. The T&Cs are considered to have been definitively and unreservedly accepted by the Partner, when he ticks the box provided for this purpose when he first connects to the NXTASTE Platform. The CPs are the subject of a joint written acceptance of the Parties
ARTICLE 1: CONTRACTUAL DOCUMENTS
The following documents express the full obligations of the Parties. They form the contract binding the Parties (hereinafter the "Contract") and prevail, in the event of contradiction, in the following order:
- Particular conditions ;
– These T&Cs accepted online;
– the online T&Cs,
– the online Privacy Policy,
The Contract expresses all of the obligations of the Parties. Any modification of the Contract must be the subject of an amendment signed by the managers duly authorized for this purpose by each of the Parties.
ARTICLE 2: PURPOSE
The purpose of these T&Cs is to define the conditions under which NXTASTE:
– Performs any configuration, configuration, installation services allowing the Partner to use the Platform
– Performs the referencing and promotion of the Partner on the NXTAST Platform,
– Grants the Partner a right of use and access to the NXTASTE Platform,
– Is authorized to act as agent of the Partner in the context of the sale of products, meals and/or menu, in the name and on behalf of the Partner in compliance with articles 1984 and following of the Civil Code.
– Is authorized to disclose and disseminate the brand, image, logo and name of the Partner on the NXTASTE Platform;
hereinafter “the Services”.
ARTICLE 3: ENTRY INTO FORCE – DURATION – TERMINATION
The Contract enters into force on the date of its signature. It is concluded for the duration indicated in the Special Conditions.
In addition, the Parties will also have the option of terminating the Contract, as a whole, under the following conditions:
– if one of the Parties does not meet one of its essential obligations, the other may terminate the Contract automatically by sending a registered letter asking it to remedy the breach in question within fifteen ( 15) days, which would have remained without effect at the end of this period, without prejudice to any damages. The essential obligations include in particular for the Partner compliance with the provisions of articles 1, 2, 4, 5, 7 and 8 of this Agreement and agree for NXTASTE with compliance with the provisions of article 1, 2, 4, 6, 7 and 8 hereof.
– in the event of liquidation or receivership of one or other of the Parties under the legal and regulatory conditions in force, and subject, where applicable, to the applicable public order provisions.
ARTICLE 4: USE OF THE PLATFORM
4.1 General conditions of use of the Platform
The Partner undertakes to use the Platform in accordance with the stipulations described in the general conditions of online use on the Platform (hereinafter "GCU") and in strict compliance with the conditions referred to in Article 8. also undertakes to respect the "Privacy Policy" of NXTASTE and to use its data only within the framework of its activity and in accordance with the legal obligations to which it is subject.
4.2. Installation services and
assistance in using the Platform
In order to allow the Partner to use the Platform to sell its products, NXTASTE may be required to provide the Partner with services such as installation, configuration of the Platform or even configuration. In this case, the details of the services that NXTASTE undertakes to provide and the related financial conditions are indicated in the Special Conditions.
4.3. Payments for Orders and Commissions
a – Payment of orders
The Partner authorizes NXTASTE to carry out the placing of Order(s) in its name and on its behalf, via the NXTASTE Platform.
As such, the Partner acknowledges that the processing of payments for Orders may be subcontracted to specialized service providers or carried out with the Partner directly.
• When payments are outsourced, they can be:
➢ To the company Stripe, in the case of payments by credit card, which the Partner accepts by signing these presents.
Indeed, NXTASTE uses the services of Stripe, a third-party company in charge of payment processing, to collect, process, collect commissions/service fees and transfer payments from Customers, counterparties of Orders, to the Partner.
The principle is that NXTASTE has a Stripe account to which the Stripe accounts of the Partners using the Platform are linked. The Partner authorizes NXTASTE via Stripe:
– to recover the amount of Orders placed by the Customer via the Platform,
– to debit the commissions, including in particular the bank commissions due on the Orders under the conditions provided for in article 7 below,
– to credit his account with the payment of Orders, less said commissions, received from Customers via the Platform, each week and under the conditions set out below in Article 7.
NXTASTE reserves the right to correct any errors made by Stripe even if NXTASTE has already requested or received the corresponding payment.
As such, for the purposes of the service, the Partner undertakes to submit a complete RIB and the completed and signed SEPA document (as an attachment above) when registering.
The Partner acknowledges that accepting these NXTASTE terms and conditions implies acceptance of Stripe's terms and conditions and privacy policy (available at the following address: https://stripe.com/payment-terms /legal and https://stripe.com/en/privacy#translation).
➢ To Edenred, in the case of payments by dematerialized restaurant ticket card, which the Partner accepts by signing these presents.
Indeed, NXTASTE uses the services of Edenred, a third party company in charge of processing payments by dematerialized meal voucher. Edenred handles the entire financial process.
The principle is that payments by dematerialized restaurant ticket card on the NXTASTE platform are managed directly by Edenred, which:
– Retrieves the amount of Orders placed by the Customer via the Platform,
– Debits the commissions, in particular banking fees, due on the transaction in accordance with the conditions established between the PARTNER and Edenred (Edenred commissions)
- Credits the Partner with the funds due to it in accordance with the conditions established between the Partner and Edenred without the NXTASTE commission being deducted.
NXTASTE will then collect each month the commissions due on the Orders under the conditions provided for in article 7.4 below.
As such, for the purposes of the service, the Partner undertakes to submit a complete RIB and the completed and signed SEPA document (as an attachment above) when registering.
➢ To PAYGREEN, in the case of payments by CONECS dematerialized restaurant ticket card, which the Partner accepts by signing these presents.
Indeed, NXTASTE uses the services of Paygreen, a third-party company in charge of processing payments by dematerialized meal ticket. Paygreen takes care of the entire financial process.
The principle is that payments by dematerialized restaurant ticket card on the NXTASTE platform are managed directly by Paygreen, which:
– Retrieves the amount of Orders placed by the Customer via the Platform,
– Debits the commissions, in particular bank commissions, due on the transaction in accordance with the conditions established between the PARTNER and the partners of Paygreen vi CONECS (Paygreen commissions)
– Credits the Partner with the funds due to him in accordance with the conditions established between the Partner and the CONECS partners without the NXASTE commission being deducted.
NXTASTE will then collect each month the commissions due on the Orders under the conditions provided for in article 7.4 below.
As such, for the purposes of the service, the Partner undertakes to submit a complete RIB and the SEPA document when registering.
born and signed (attached above).
• When payments are made directly to the Partner, this is the case of payments by paper or cash restaurant voucher, then the payments are managed directly by the Partner when the Customer withdraws the order, which the Partner accepts by signing hereof.
b- Order refund
NXTASTE may, at the Partner's written request (at least by email), make a refund to a consumer on behalf of the Partner from the payment platforms presented above. The Partner is informed that a refund entails costs
of transactions on the various payment platforms, thus in the context of a reimbursement requested by the Partner and carried out by NXTASTE, a fee of €1 excl. VAT per reimbursement transaction will be invoiced to the Partner.
c- Payment of commissions
The Partner authorizes NXTASTE to carry out the placing of Order(s) in its name and on its behalf, via the NXTASTE platform.
In return for this role of intermediary in the finalization of orders for products sold by the Partner, NXTASTE debits each month the commissions due on the Orders under the conditions provided for in article 7.4 below.
To do this, the Partner undertakes to submit when registering on the Platform a complete bank details and the completed and signed SEPA document (attached above).
The Partner is informed that in the event of non-payment and/or non-withdrawal of an order placed by a Customer, the Customer will be debited at the end of the 24 hours following the time of withdrawal defined when placing the order by the company. Stripe and under the same conditions as specified above.
4.3. Order process
The Platform allows any Customer to select their Partner, and to choose one (or more) item(s) from the list or menu offered, then place their order.
An algorithm then selects the next available slot so that the order can be processed by the Partner. This algorithm takes into account the Partner's opening hours, the Partner's availability, the number of orders that the Partner wishes to be able to prepare simultaneously and the preparation time for each item. Orders are automatically accepted according to the criteria mentioned above and configured by the Partner. Once placed, an order cannot be canceled by the Partner. The Customer follows the progress of the order, and once ready goes to the Partner's address to pick up his order (hereinafter the "Order").
4.4. Partner Account – access to the Platform
By signing this Agreement, the Partner acquires a right to use the Platform with regard to the merchant area. As such, the Partner can access the Platform, by logging in using the identifiers provided by NXTASTER. The Partner thus accesses, via a service managed by NXTASTE and through the Internet network, his private merchant account on the Platform (hereinafter “Account”).
The Partner's access to the Platform via his Account allows him to:
– Manage the parameters of his shop (hours, location, availability, order limit and average price);
– Manage its products (management of categories, products, promotions and out of stock);
– Communicate with Customers who have put their point of sale in favorites through push notifications;
– Access current Orders and their details and modify the status of Orders;
– Access the Orders history.
Lists and menus are defined between the Partner and NXTASTE.
To open his Account, the Partner provides the following information:
– information related to the Partner (company name, information on the owner of the company and all the persons who hold at least 25% of the latter, RIB),
– the photographs, images and description of the menus and products, provided in compliance with the formats and standards of NXTASTE,
– the exact information related to its wifi network (network name and password)
– allergenic products,
– the Order preparation time,
– fare details (including applicable taxes, levies, surcharges and fees). The prices indicated must be identical to the prices charged by the Partner in its business. Any modification must be previously submitted and accepted by NXTASTE.
NXTASTE reserves the right to edit or delete any information as soon as it comes to its knowledge that said information is incorrect, incomplete or in violation of the terms of this Agreement.
The concept "Powered by NXTASTE" will be present on the Partner's platform.
The Partner certifies that the information is true, accurate and not confusing. He also undertakes that they remain so at all times. The Partner est at all times responsible for the veracity and validity of the information, including the availability of products and the communication of (non-material) events or extraordinary situations (for example, closure for works, etc.).
The Partner must update the information on a daily basis (or several times a day if necessary) and may, at any time, modify through his Account (i) the prices of products and services, and (ii ) the type of products and services available. Unless otherwise agreed by NXTASTE, all modifications, updates and/or corrections to the information must be made by the Partner, directly and online through his Account, or by any other means reasonably proposed by NXTASTE. On the other hand, photographs and images must be sent to NXTASTE for layout. Updates and changes to images and photographs are processed by NXTASTE as quickly as reasonably possible.
ARTICLE 5: OBLIGATIONS OF THE PARTNER
5.1. The Partner will exercise and organize its activities freely and independently, without any relationship of subordination with NXTASTE. The Partner acknowledges that the Orders are concluded directly between him and the Customer, NXTASTE acting solely as an agent, the Partner is and remains solely responsible vis-à-vis the Customer for the Order placed. The Partner undertakes to comply with all the conditions of the order(s) that it accepts and undertakes to provide all the care and diligence in force in the trade when carrying out the order.
As such, the Partner undertakes in particular to respect the following essential obligations:
– respect the time of availability of the Order defined on the Platform according to the configuration carried out with the information of the Partner,
– provide information on the allergens present in the products, dishes and/or menus it offers on the Platform,
– contact a Customer in the event of exceptional delay or rupture of a product and find a solution with the Customer,
– put in place a communication to inform consumers of the implementation of the service
5.2. The Partner acts as a professional specialized in the field of food trade, food and/or catering, he undertakes to implement resources with a level of knowledge and skill in line with his activity. . He undertakes to respect all standards whatsoever, in particular health and safety relating to his activity.
5.3. The Partner undertakes alone vis-à-vis the Customer to respect the commitments made on the Platform, namely in particular the type of meal, products and services that he has given as a description to NXTASTE. As soon as the Partner is registered on the Platform, he undertakes to honor the Order and assumes all the consequences of an order cancellation by him alone. Indeed, when an Order is not delivered to the Customer within the announced deadlines, the Partner undertakes to find a solution of compensation or compensation with the Customer.
5.4. The Partner declares to have subscribed, with company(ies) notoriously solvent(s), the insurance policies covering the pecuniary consequences of its civil liability. The Partner undertakes to provide the annual insurance certificate to NXTASTE at the express request of NXTASTE.
5.5. The Partner is solely and entirely responsible for the data it transfers and queries on the Platform. The Partner is aware that the data circulating on the Internet may be regulated in terms of use or be protected by a property right. The Partner is therefore solely responsible for the use of the data that it disseminates and that it consults in execution of this Contract.
ARTICLE 6: OBLIGATIONS OF NXTASTE
6.1. The obligation entered into by NXTASTE is an obligation of means. In this context, NXTASTE undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession, and to implement any technical means, in accordance with the state of the art. , to maintain the integrity, security and confidentiality of the Partner's data, as well as to guarantee the security of access to the Platform's functionalities.
6.2. NXTASTE does not in any way guarantee to the Partner, due to its membership of the Platform via the signing of this Agreement, obtaining a minimum number of Orders and/or Customers, which the Partner acknowledges and accepts.
6.2. NXTASTE cannot under any circumstances be held responsible with regard to Customers, in particular for the content, the preparation of meals, menus and Orders, nor for the validity of the information posted on the Platform by the Partner.
6.3. NXTASTE must respect the contractual conditions, more particularly the prices and the conditions of payment.
regulations of the Partner, when taking Orders in the name and on behalf of the latter via the Platform. He must not make an offer on terms different from those communicated to him by the Partner.
ARTICLE 7: FINANCIAL CONDITIONS
7.1. The Partner authorizes NXTASTE, which accepts it, and except in the case of direct payments by the Customer as referred to above, to invoice and collect in its name and on its behalf, the amount of the Orders from the Customers. It authorizes NXTASTE to inform Customers that it is duly authorized to obtain these payments, the Customer thus being discharged of its payment obligation vis-à-vis the Partner.
The Partner can view the orders placed with it by Customers directly via the Platform. The Partner also receives, at the end of each month, a summary of the orders placed by its Customers via the Platform. The Partner has 24 hours to dispute an invoice, after this period the invoice is deemed to have been accepted by the Partner.
7.2. In return for the Services provided by NXTASTE for the benefit of the Partner, the latter undertakes to pay NXTASTE the amounts set out in the Special Conditions according to the Services actually ordered.
7.3. Payments for Orders placed by Customers on the NXTASTE Platform are kept in NXTASTE's Stripe account for seven (7) days (at least) and then are transferred to the Partner's Stripe account where they are immediately available for transfer to his bank account.
7.4. In the case of payments by dematerialized restaurant ticket card and on-site payments by paper or cash restaurant voucher, NXTASTER will deduct from the Partner's account its commissions if there are any according to what is defined in the CP each beginning of the month for the preceding month. These direct debits will be made on the basis of the invoice statement provided by NXTASTE, which shall prevail.
7.5. NXTASTE will invoice the amount of its commission and its fee, or any sum due to it by the Partner under this Contract, in compliance with the applicable legal and regulatory texts. Each of the Parties will keep a copy of the invoice.
7.6. the Partner is solely responsible and will assume all consequences arising from a problem in the placing and/or finalization of orders not attributable to NXTASTE, resulting for example from a failure of the Partner in updating its opening hours of its commerce and/or incorrect information relating to the shortage of products, the change of menus, etc. It is up to the Partner to update the page dedicated to it on the Platform so as to allow Customers to place an order. No commission is due by NXTASTE, if the Partner reimburses the Order when it does not respect the deadline commitments or when it cancels an Order on its own initiative.
7.7. Payments of royalties and commissions due to NXTASTE will be made in Euros. The commission as described in article 7.1 is subject to VAT at the rate in force. The rates do not include Internet access and the costs of the telephone line, which remain the responsibility of the Partner. It is the Partner's responsibility to connect to the Internet. NXTASTE cannot be held responsible for the quality of the connection.
7.8. In accordance with the legislation and regulations in force, any sum not paid on the due date gives rise to the application of late payment penalties calculated on the amount due, at the rate of three (3) times the legal interest rate in force. These penalties run from the day following the payment date shown on the invoice until full payment of the amount due. In addition, the Party in a situation of late payment is automatically indebted towards the other Party, for a lump sum compensation for recovery costs fixed by decree, on the date hereof at €40 (forty euros ).
ARTICLE 8: RIGHT TO USE THE PLATFORM AND INTELLECTUAL PROPERTY
8.1. NXTASTE grants the Partner a personal, non-exclusive, non-assignable and non-transferable right to use the Platform for the duration of the Contract.
The User License is granted for use by the Partner under the conditions provided for in the Contract. This concession is granted to the Partner in return for the payment of a fixed monthly fee
8.2. In accordance with the provisions of the Intellectual Property Code and the stipulations of this Contract, it is recalled that NXTASTE is the sole holder of all the intellectual property rights relating to the Platform.
As such, NXTASTE only grants the Partner a personal, one-time, non-transferable and non-exclusive right to access and use the Platform, which formally excludes the possibility of:
– reproduce permanently or proview the Platform made available, in whole or in part, by any means and in any form;
– translate, adapt, arrange or modify the Platform, export it, merge it with other computer applications;
– make any copy of all or part of the Platform;
- modify, in particular by decompiling, altering, adapting, in particular by translating, arranging and more generally modifying all or part of the Platform.
Its copying or fraudulent use is punishable by civil and criminal penalties. It is strictly forbidden for the Partner to allow a third party to benefit from all or part of the access to the Platform and its functionalities without the prior agreement of NXTASTE.
8.3. The name of the Platform is a trademark protected and registered by NXTASTER. The Site and the Application on which the Platform is accessible and all the elements that compose it (content, images, logos, texts, programs, scripts, processes, etc.) are the exclusive property of NXTASTE.
8.4. This Agreement does not entail any transfer of intellectual property rights to the software, methods, development tools, documents, files, databases, data, general and/or specific programs owned by NXTASTE or for which NXTASTE has obtained license and which would have been made accessible to the Partner under this Agreement.
8.5. The Partner grants NXTASTE the non-exclusive, free and worldwide right and license:
(a) To use, reproduce, cause to be reproduced, distribute, grant a sub-licence, communicate, make available by any means and display the elements covered by the Intellectual Property rights of the Partner (image, logo, trademark, etc.) and for which a authorization has been granted, as provided to NXTASTE by the Partner in accordance with this Agreement, and which are necessary for NXTASTE to exercise its rights and meet its obligations under this Agreement;
(b) To use, reproduce, cause to be reproduced, distribute, sublicense, display and use (including, without limitation, to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public by any means available) the information of the Partner.
8.6. The Parties will keep each other informed of any infringement of intellectual property rights made by a third party of which they become aware.
ARTICLE 9: RESPONSIBILITY
9.1. The Partner expressly acknowledges having received from NXTASTE all the information allowing him to personally assess the adequacy of the Platform to his needs. The Partner expressly acknowledges that NXTASTE is subject to an obligation of means in the context of the execution of these presents.
9.2. NXTASTE will in no way be liable for consequential damages resulting from the use of the Platform, the impossibility of using the Platform, the provision or non-provision of maintenance services or any other service provided for herein. , even in the event that NXTASTE would have been aware of the possibility of such damages. This exclusion of liability for consequential damages applies in particular to business interruptions, loss of earnings and loss of turnover.
9.3. The Partner acknowledges being informed of the need to have access to the Internet to use the Platform. NXTASTE can in no way be held responsible for the impossibility of accessing the Platform arising from external circumstances such as in particular the technical hazards inherent in the Internet and interruption of access which may result therefrom. The Partner acknowledges being advised of the risks inherent in hardware, software and computer networks, and in particular those related to the Internet, whether in terms of random overall performance, fallible level of security, unguaranteed continuous accessibility to Web services, heterogeneity sometimes resulting in problems of incompatibility of computer systems, without in any way, the responsibility of NXTASTE can be engaged in the event of malfunction of the Platform which could be observed and whose causes would be directly or indirectly linked to these risks .
9.4. The Partner acknowledges being solely responsible for the fulfillment of orders vis-à-vis the Customer. The order being concluded solely between him and the Customer. It will be fully liable in the event of damage or loss related to the completion of this Order (including delay, non-compliance with the order, unreported allergenic products, cold order, etc.), its activity, its products and its services. that it offers via the Platform to Clients.
9.5. The Partner is exclusively liable for claims against NXTASTE arising from Clients or any other person related to the Client, with or arising (directly or indirectly) from the description, quality, content or packaging of meals and products, in a non-exhaustive manner, of allegations or complaints.
9.6. In the event that NXTASTE would be held liable for any product or service provided or covered under the terms of this Contract, for any reason and on any basis whatsoever, the damages for which NXTASTE will be liable, for all damages combined, will be in any case limited to the total amount of sums received by NXTASTER pursuant to this Agreement. The Parties acknowledge that the provisions of this clause are decisive in their willingness to enter into this Contract and that the agreed price reflects the distribution of the risk between the Parties and the resulting limitation of liability.
ARTICLE 10: FORCE MAJEURE
None of the Parties can be held liable in the event that the performance of its obligations is delayed or rendered impossible due to the occurrence of a case of force majeure (hereinafter "Force Majeure") as provided for by the article 1218 of the Civil Code and French case law.
In the event of the occurrence of a Force Majeure, the performance of the obligations of the Party that suffers it is suspended within 15 days of its notification by the most diligent Party to the other Party.
In particular, are considered as cases of Force Majeure, total or partial strikes, external strikes, lockouts, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood , water damage, natural disaster, governmental or legal restrictions, legal or regulatory changes in marketing methods, blocking of telecommunications.
ARTICLE 11: CONFIDENTIALITY
11.1. Each Party undertakes to ensure the confidentiality of the information provided by the other Party both before and during the performance of the Contract. The following are considered confidential:
– all the information communicated by a Party to the other Party within the framework of the present,
– information relating to the Platform and the provisions contained therein,
– in general, and without this list being exhaustive, information relating to the present and future activities of the Parties, the methods and concepts, in particular commercial ones, that they use, whether this information is obtained directly or indirectly from the other Party , its employees, subcontractors, agents or service providers.
11.2. Do not constitute confidential information:
(i) information becoming publicly available without breach of the Contract by either Party;
(ii) information validly obtained from a third party authorized to transfer or disclose such information without breach of any confidentiality obligation;
(iii) information independently developed by one Party without access to the other Party's Confidential Information;
(iv) information already known or in the possession of its recipient at the time of its communication by the other Party.
11.3. Each Party undertakes:
• not to use the confidential information of the other, for any reason whatsoever, except in execution of the rights and obligations arising from these presents,
• not to disclose the confidential information of the other Party to anyone, by any means whatsoever, except to those of their employees, service providers or subcontractors to whom this information is necessary for the performance of the Contract or in the event of request from a police, judicial or administrative authority.
For the protection of the confidential information of the other Party, each Party undertakes:
(i) to take the minimum protective measures it would take to protect its own confidential information,
(ii) to ensure that its employees, service providers and any subcontractors having access to confidential information have signed, prior to any disclosure, a confidentiality agreement whose obligations are equivalent to those set out in this article.
This reciprocal confidentiality undertaking is valid throughout the duration of the Contract and for the five (5) years following its expiration.
ARTICLE 12: MISCELLANEOUS
12.1. The titles of the articles have been inserted, exclusively, to facilitate the reading and they should not be taken into consideration during the interpretation of the present. If one of the articles hereof is deemed invalid, it will be ignored and considered as unwritten and will not result in the invalidity of all the other articles.
12.2. Insofar as NXTASTE is the sole holder of the commercial exploitation rights of the Platform hosted and made available to the Partner, the Parties agree that the Partner benefits from a right of personal use, for nctual, non-transferable and non-exclusive.
Under these conditions, it is expressly agreed that this Contract may not be assigned to a third party by the Partner, except with the prior written consent of NXTASTE.
12.3. The Partner authorizes NXTASTE to cite it as a reference in its commercial documents, on all written, paper and/or digital media.
12.4. The Partner declares to have received all necessary information from NXTASTER allowing it to take stock of the reciprocal commitments, defined herein, resulting from the use of the Platform.
12.5. NXTASTE may subcontract the performance of part of its obligations to one or more subcontractors of its choice. In any case, NXTASTE remains liable to the Customer for the performance of all contractual obligations and for the respect of the latter by the subcontractor.
ARTICLE 13: APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
THESE T&Cs ARE SUBJECT TO FRENCH LAW.
ANY DISPUTE RELATING TO THESE CLAIMS, ITS EFFECTS AND CONSEQUENCES, AND NOT RESOLVED AMICABLY BETWEEN THE PARTIES, WILL BE SUBMITTED TO THE POINTE À PITRE COMMERCIAL COURT TO WHICH THE PARTIES ATTRIBUTE JURISDICTION, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR WARRANTY APPEAL.
NXTASTE
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