General terms and conditions of use Transmission of spatialized data for agriculture
Version dated February 1, 2023
These general terms and conditions of use for the transmission of Data as defined below (hereinafter the “Terms”) apply in their entirety and have been agreed between the Service Provider and the Customer.
ARTICLE 1 – DEFINITIONS
In this Subscription Agreement, and unless context clearly shows the opposite, the following terms beginning with a capital letter are defined as follows, it being understood that plural words may be understood as singular and vice versa.
API
The Application Programming Interface managing a flow of Data between the Provider’s Software and the Client’s information system such that the latter can receive Data.
Weenat App
The Weenat App published and implemented by WEENAT allowing the Client to have access to the Software, databases and Data.
Client
The legal entity or sole proprietor that has signed the Estimate or has created a Client Area on the Weenat App and accepted the GTCUs online.
Subscription Agreement
All of these GTCUs and if applicable the Estimate, as well as any agreements or addenda signed by the Parties.
In accordance with Article L441-1 of the Commercial Code, the Subscription Agreement constitutes the sole basis for commercial negotiations. It takes precedence over all general terms and conditions of purchase and all other documents in particular catalogues, prospectuses, advertisements, and leaflets.
The Provider reserves the right not to apply certain clauses of the Subscription Agreement in light of negotiations held with the Client, by drawing up specific conditions established in Estimates, agreements or addenda.
Estimate
A technical and financial proposal drawn up by the Provider following receipt of a description by the Client of its needs.
The document has the value of specific conditions and may include in particular:
- the Products purchased (type of Products, quantity, unit amount, total amount),
- the duration and cost of the Service (article 2) according to the number of user licenses,
- other potential details specific to the Client.
Data
All Raw Data and Enriched Data.
Raw Data
All data captured by the Products and not analyzed by the Software.
Enriched Data
All climatic, meteorological and environmental data arising from software analysis and additions made by the Provider from various sources including the Products.
Client Area
The Client’s private area, on the Weenat App via an Identifier. From the Client Area, the Client has access to all User Areas for which it is responsible.
User Area
The User’s private area on the Weenat App via an Identifier. The Client that is responsible for the User has access to the User Area.
Identifier
A code consisting of a login and password, required for each User designated by the Client to access Data either via the Weenat App or via an API.
Software
Computer software and algorithms published by the Provider, the sole owner as publisher. The Software includes the databases containing the Data.
Party, Parties
The Provider and Client together or the Provider or the Client individually.
Providers
WEATHER MEASURES or WEENAT
Product
A Raw Data Sensor designed, manufactured and sold by WEENAT (see WEENAT General Terms and Conditions of Sale).
User
Person designated by the Client (employee or legally independent person from the Client) who has a valid Identifier. A User may be associated with one or more Clients.
Weather Measures
A SASU [simplified single-shareholder company] registered at the Clermont-Ferrand register of companies under number 810 653 949 and with head office located at 10, rue Jacques Mailhot, ZAC Les Gravanches, 63100 Clermont-Ferrand – France.
Weenat
A simplified joint-stock company registered at the Nantes register of companies under number 803 450 287 and with headquarters located at 2, impasse Thérèse Bertrand-Fontaine 44300 Nantes – France.
ARTICLE 2 – PURPOSE OF THE AGREEMENT
The Subscription Agreement aims to specify the terms and conditions under which the Provider, after collecting, analyzing, organizing and creating Data, transmits them, to the Client, as part of a personal user license, non-exclusive and non-transferable, for the Software thereby allowing a decision aid to be offered to the Client (hereinafter “the Service”).
The Service includes a number of user licenses according to the number of Users, designated by the Client.
Data are accessible either by the Weenat App or via APIs.
The Client is expressly reminded that the Service accessible via the Weenat App or via APIs constitutes a decision aid and does not replace the know-how of experts or of the Client in making decisions regarding intervention or management of its farm.
ARTICLE 3 – OWNERSHIP OF RAW DATA AND ENRICHED DATA
3.1 – The Provider and the Client have co-ownership of the Raw Data. Managing their co-ownership, the Provider and the Client may each use them freely, without informing the other Party.
3.2 – With the exception of limited rights granted as part of granting the user license for the Software and Data, the Provider reserves all rights, titles and interests to Enriched Data, including all related intellectual property rights.
In the case that the Subscription Agreement expires or in the case that the Subscription Agreement is terminated for whatever reason, management of access to Data is detailed in the article “Effects of the end of the Subscription Agreement” below.
ARTICLE 4 – SOFTWARE USER LICENSE – INTELLECTUAL PROPERTY
4.1 – The Provider is the original author of the Software and associated databases, which are protected by copyright (Article L111-1 of the Intellectual Property Code). The Provider is also the producer of the databases and its rights are [therefore] recognized in accordance with Article L 341-1 and following of that same Code. For this reason, the Provider grants to the Client personal, non-exclusive and non-transferable usage rights to the Software and associated databases.
This granting of usage rights is limited to the duration of the Subscription Agreement.
4.2 – It is in particular strictly forbidden for the Client, without prior written agreement from the Provider:
- to carry out any form of reproduction or representation of Enriched Data, of the Software or of its documentation or to alter or to conceal in any way the marks, distinctive signs, or copyright mentions applied to Enriched Data and the Software;
- to correct or have corrected by a third party any errors and/or anomalies in Enriched Data or the Software, corrective and progressive maintenance are carried out by the Provider;
- to modify or seek to bypass any protective device for Enriched Data or the Software;
- to distribute or commercialize Enriched Data or the Software outside internal uses. These internal uses include the supply of Enriched data, with or without charge, by the Client to its members or external suppliers;
- to use Enriched Data to deliver a training to a third party, on a commercial basis;
- to decompile the Software except for the sole purpose of interoperability of the Software with independent third-party software. Prior written notice sent to the Provider is required before embarking on any interoperability action so that the Provider can offer to carry out this action itself;
- to translate, adapt, arrange, or modify Enriched Data or the Software, in particular with a view to creating features, derivative or new for derivative or new software;
- to carry out research using Enriched Data or the Software in order to create a derivative or competing work.
4.3 – The Client may not grant sub-licenses to use the Software and Enriched Data to third parties, without prior written authorization from the Provider.
4.4 – Compliance with the provisions of this article is considered an essential obligation. Any breach may entail the immediate termination of the Subscription Agreement, at the exclusive expense of the Client, without prejudice to the damages and interests that the Provider might claim. All sums owing and not yet invoiced are due immediately.
The Client would then be considered the infringer.
ARTICLE 5 – ESTIMATE
5.1 – Following the Client’s description of its needs, the Provider may if applicable present to the Client an Estimate at the earliest possible date, which shall include in particular all information relating to the creation of a Data flow, and the planned date on which the latter will begin being provided.
5.2 – An Estimate signed by the Client without modification and returned by any means to the Provider has the value of an agreement with the Client and is considered to be the terms and conditions specific to the GTCUs. This Estimate expresses the Client’s consent irrevocably; it therefore may not be voided unless there is an express prior agreement with the Provider. In this case, the Client shall compensate the Provider for all expenses incurred and for any resulting direct or indirect consequences. Furthermore, any deposit already paid shall remain with the Provider.
5.3 – The Estimate is valid from its date of communication to the Client and for the duration stated on the Estimate. In the absence of a specific indication, the duration of the Estimate’s validity is 3 (three) months from the date of its transmission to the Client by the Provider. Beyond this validity period and provided that the Client has not accepted it, the Provider reserves the right to change all or part of the Estimate (rates, number of user licenses, specific conditions, etc.) or not to pursue the Estimate.
5.4 – Any modification to the Client’s initial order (supplement or modification) shall be subject to a specific Estimate or to an addendum to the Estimate concerned.
ARTICLE 6 – IMPLEMENTATION AND CONTENT OF THE SERVICE
6.1 – Identifiers
An Identifier is unique, personal and confidential. Any connection via an Identifier is presumed to be carried out by its holder. It is incumbent on the Client to guarantee the confidentiality of its Users’ Identifiers. The Client commits, without delay, to notify Weenat of any theft or breach in confidentiality regarding identifiers.
The Service is presumed to be established and the Subscription Agreement takes effect on the date on which the activation email is sent by the Provider – transmission of the Identifier login – serving as an invitation to the first connection to the Client Area in the Weenat App or the first use of the API concerned.
The Client has a period of 7 calendar days from the date on which the activation email is sent to inform the Provider of any malfunction or non-compliance. After this period, in the absence of any report from the Client, the implementation of the Service is deemed compliant.
6.2 – Service via the Weenat App
On the Weenat App, the Client goes to its Client Area and each User via its User Area has access to the Data and dashboards.
The user license for each User permits access to the Data via only three mobile devices per license. Any breach of this commitment may entail suspension of the functioning of the Identifiers as a result of the Client’s misuse.
The Client may modify the number of user licenses, at any time for the duration of the Subscription Agreement, via its Client Area in the Weenat App.
Several Users designated by the Client may have access to the same User Area in the Weenat App. In this case, a single User designated by the Client may have the master profile – called the “owner” in the Weenat App –.
Other Users may have an administrator profile as chosen by the holder of access rights to the Client Area.
The holder of the access rights to the Client Area and the administrators are solely responsible for integrating new Users into the Client Area and managing these Users’ profiles.
WEENAT’s involvement is limited to managing Identifiers.
6.3 – Service via APIs
Via APIs developed by the Provider, the Client’s information system may receive Enriched Data. The API operating rules are implemented cooperatively, following the procedure described in in [sic] the specifications made available by the Provider on simple request from the Client.
To make the interoperability system operational, the Client commits to put in place, within its information system, protocols for security and cryptology, updating security software, firewalls, etc. so that the security rules are always applied according to the state of the art. This is an essential obligation for the Provider.
For any planned updating of any of the technologies allowing the API to function, each of the Parties commits to informing the other, within a reasonable period, so as to allow the other Party to adapt its information system and avoid any interruption in the flow of Data.
6.4 – The Provider may not be held liable for any delays attributable to the Client in providing additional information that must be transmitted by the Client to the Provider in order to implement the service. These potential delays may not constitute a sufficient reason to entail the termination of the signed Estimate and/or the GTCUs by the Client.
ARTICLE 7 – AVAILABILITY OF THE SERVICE – UPGRADES TO THE SERVICE
7.1 – The Provider shall use its best endeavors to allow the availability of the Service 24 hours a day and 7 days a week except in case of force majeure as described in the article “Force Majeure” below, events out of the Provider’s control, and possible outages and interventions necessary for the proper functioning of the Service.
The Provider thus commits to employ the best ways and means to ensure the availability of the Service and Data; availability means accessibility to Data. However, the Provider shall not be held liable for disturbances, disconnections/anomalies not arising from its own actions and able to affect transmissions by the Internet network and more generally, by communication networks, no matter the extent or duration.
7.2 – The Provider reserves the right to withdraw access to Data in order to ensure the maintenance of materials and software necessary for analyzing and hosting Data. As far as possible, the Provider informs the Client in advance of any interruption to access to its server, arising from its own actions or of which it may be aware. The Provider commits to use its best endeavors to carry out maintenance outside of peak usage times.
7.3 – The Provider commits to ensure a minimum rate of availability of 99.5% over 12 months apart from technical intervention periods and in particular apart from Product malfunction arising from the Client or a third party’s actions.
7.4 – Upgrades to the Service
Needing to develop new features to enrich the services offered to its Clients, the Provider reserves the option to upgrade the Service both in form and in substance, at any time and without notice, without the Client being able to object, on the understanding that the Provider commits to ensuring:
- the respect of the provisions set out in the article “Availability of the Service”
- the maintenance of the Service’s core functionality, informing the Client of developments in the Service, as well as providing support online and/or by telephone to the Client for understanding the upgrades to the Service.
In general, the Provider shall strive:
- to upgrade the Service in the sense of improving the Service’s performance and ease of use;
- to take into consideration Client feedback on the Service and upgrades to it.
However, the Client may not criticize the Provider for not upgrading the Service despite requests for upgrades being communicated.
ARTICLE 8 – ASSISTANCE – TECHNICAL SUPPORT
The Provider shall make support available to the Client, by email and/or telephone under the conditions described in the part entitled “Help” in the Weenat App and on the Provider’s website and shall employ the ways and means necessary to receive requests from the Client in a suitable manner: availability and competence of staff responsible for support, their analysis and search for a solution and acting without undue delay.
Save for specific conditions described in the Estimate, the working days and hours of telephone support are expected to be Monday to Friday except for French public holidays, from 9 AM to 6 PM CET (Central European Time).
ARTICLE 9 – PRICE
9.1 – The price of the Service is available in the Weenat App or is indicated on the Estimate signed by the Client. It depends on the number of user licenses requested by the Client according to the number of Users.
The price of the Service does not include the cost of Internet access allowing the use of the Weenat App or API, which remains at the Client’s expense.
Unless stated otherwise, all prices are shown in Euros before tax (€ HT) to which the relevant tax is added (VAT).
9.2 – If user licenses are added during the duration of the Subscription Agreement of 12 months (see article “Duration” below), the price of each user license shall be recorded prorata temporis until the Subscription Agreement anniversary date.
ARTICLE 10 – PAYMENT PROCEDURES
10.1 – Invoicing for the Service shall take place from the effective date of the Subscription Agreement.
The Provider shall send the Client an annual invoice for supplying the Service on each Subscription Agreement anniversary date (see the article “Duration” below).
10.2 – Invoices are payable, in cash, on receipt of the invoice.
In any event, the obligation to pay is fulfilled when the amount in Euros is finally credited in favor of the Provider. No discount shall be granted for advance payment.
In order to simplify management, the Client may be asked to authorize a debit payment via bank card, the annual amount for the user licenses being debited on the anniversary date (starting date of the service) for the following year.
In the case of non-compliance with the payment periods set out above, strictly and without formal notice from the Provider:
- the Provider may apply a rate of interest for delay of 15% per year – prorata temporis – from the first day of the delay; the Client’s contractual obligation to settle the overdue invoices remaining unaffected;
- the Provider reserves the right to enact any due diligence in order to preserve its interests;
- the Provider may request the immediate payment of all remaining sums owing by the Client;
- the Provider shall invoice the Client for the minimal fixed compensation of 40 euros. This amount may be greater on justification of greater recovery costs.
Any disagreement concerning invoicing must be substantiated by sending a letter by registered post with return receipt requested, within ten (10) days of the invoice issuing date. In the absence of this action, the Client shall be deemed to have accepted it and considered in default in case of non-payment.
ARTICLE 11 – CLIENT OBLIGATIONS AND LIABILITY
The Client is expressly reminded that the user license in particular concerning Enriched Data and the Software is a personal license; this forbids the Client from reselling, hiring out or lending, directly or indirectly, to any third party the Enriched Data or its access to the Weenat App. It is more generally forbidden to trade in them apart from in performing services rendered to third parties such as specific study services according to the orders of its own clients.
The Client acknowledges that it is the sole party to have the best and most appropriate information concerning its business, its activities and its needs. For this reason, the Client commits to respect, from the beginning of the contractual relationship and throughout the performance of this agreement, its obligation to cooperate with the Provider’s staff and in particular, if applicable, during requests for information on the part of the Provider in particular in the case of an alert or the occurrence of a malfunction.
Similarly, it falls to the Client to ensure the suitability of the Service offered by the Provider for its own needs, in particular based on the information provided in the documentation and/or the commercial proposal sent to it, of which it acknowledges that it has taken note.
If it has not addressed the Provider to request further details and/or to see an additional demonstration of the Service, and all this prior to signing this agreement, the Client acknowledges that it has been adequately informed.
The client agrees to subscribe to the Service in the full knowledge of its content and its performance and, on a professional basis. Except for where malfunction is noted to impede its access to Data, the Client therefore accepts the provision of the Service as it is, with potential defects, which do not constitute sufficient reason to terminate the Subscription Agreement or the Estimate concerned.
For each project, the Client shall transmit to the Provider all technical information necessary for producing an Estimate, which must be accepted by the Client.
ARTICLE 12 – PROVIDER OBLIGATIONS AND LIABILITY
The Provider’s obligations under the Subscription Agreement are expressly recognized by the Client as being obligations of means. Thus, the Provider shall commit to employ the best known and reasonable ways and means in respect of best practices, in keeping with the laws and regulations in force, and in accordance with its professional code of practice in performing the services so contracted, in particular regarding opposing intrusions and other malicious actions.
Thus, the Service may be directly affected (response time, difficulty connecting to servers, etc.) by disturbances in telecommunications networks. The Client declares that it has been informed of the complexity of these networks and the congestion resulting from the influx, at certain times, of Internet users.
Similarly, the Client is reminded that proper functioning of the Service depends on the proper functioning of the Products and/or Data Sources. the [sic] Provider shall not be liable for difficulties in the functioning of the Service in the case of Product malfunction resulting from the actions of the Client or a third party, nor for malfunction in Data Sources.
ARTICLE 13 – EXCLUSION AND LIMITATION OF Provider LIABILITY
It is expressly agreed by the Parties that the Provider’s liability, if the Provider was acknowledged to be at fault, does not extend to indirect loss in particular including operating losses, loss of earnings, commercial or financial loss, increase in general costs, potentially affecting the Client.
The Provider may be held liable only when a fault has been shown that is attributable to the Provider.
It may not be held liable in case of Force majeure as described below.
The Provider shall not be held liable in the case of non-compliant use of the Software and/or the Products by the Client or if the Client has not fully understood the capacity of its technical and computer environment (Products, software, Internet connection, etc.) or has not carried out effective maintenance and updates to its software and Products or has failed in its obligation to cooperate as described above in the article “Client obligations and liability”.
It is expressly agreed that, if the Provider was held liable judicially in performing this agreement, the Client may claim no compensation and damages other than the refunding of payments made by it in the previous 12 (twelve) months, under the Estimate concerned if applicable.
ARTICLE 14 – INSURANCE
The Provider holds civil liability insurance regarding its activity of publishing the Software and states that it has declared the risks taken as part of hosting Data on its servers.
The Client is liable for damages resulting from the installation and use of the Products as well as from the use that it makes of the Data and acknowledges that it has been fully insured for this purpose at a company known to be solvent. It shall supply the Provider, on request, with proof of insurance. Any coverage shortfall shall be at the Client’s expense.
ARTICLE 15 – CONFIDENTIALITY
Each Party acknowledges that written and oral information clearly indicated as confidential and exchanged as part of implementing the Service must be kept strictly confidential by each, in particular taking into account the competitive sector in which each of the Parties operates.
Consequently, each Party commits to treat this information as strictly confidential and not to divulge those secrets and that information to any natural or legal person other than the other Party’s employees and strictly for the needs of performing this Service.
Save for prior agreement between them of an appropriate communication, the Parties commit in particular:
- Not to communicate to third parties comprehensive information regarding the project such as plans, calculation elements, written documents, rates, specifications and documentation for the Products, technical information concerning the Weenat App or the API, any information relating to the Parties’ development strategy, and in general any document or information in relation to the offer, the GTCUs and/or Estimates;
- Not to use them for other offers requested or offered to third parties
- Not to allow third parties access via the Internet to the Weenat App or to the API and thus to projects and/or Data in any form whatsoever.
This confidentiality commitment shall continue for 3 (three) years beyond the end date of the Subscription Agreement save for information that has entered the public domain.
It is expressly set out by the Parties that breach of this clause shall give rise to the awarding of damages and interests in favor of the Party not at fault.
ARTICLE 16 – MODIFICATION OF THE SUBSCRIPTION AGREEMENT
The Provider reserves the option to modify at any time the provisions of any of the documents comprising the Subscription Agreement including the financial terms and conditions. Modifications shall be brought to the attention of the Client by sending an email to the address indicated in the Estimate or habitually used by the Client and shall come into effect 30 days from their receipt by the Client.
In the case of disagreement on the part of the Client, the latter may invoke its option to terminate. On this ground, termination shall take effect 30 days from the effective date of the modifications.
ARTICLE 17 – DURATION OF THE SUBSCRIPTION AGREEMENT
17.1 – The Subscription Agreement takes effect from the date on which the activation email is sent by the Provider – transmission of the Identifier login (see the article “Identifiers” above).
The duration of the Subscription Agreement is 12 months from this date or is of the duration specified in the Estimate.
17.2 – The Subscription Agreement and each user license associated with that Subscription Agreement shall be tacitly extended for similar periods.
On the Subscription Agreement anniversary date, each Party may decide to end the Subscription Agreement or any of the user licenses covered by it while providing 30 days’ notice. The decision to end the Agreement is communicated to the other Party by email or directly in the Weenat App.
ARTICLE 18 – TERMINATION
18.1 – In case of breach or non-performance by one of the Parties of any whatsoever of the obligations with which it is charged by the Subscription Agreement, the other Party may send to the Party responsible for the non-performance a formal notice, by registered post with acknowledgement of receipt, that it must perform its obligation or halt its behavior prohibited by the Subscription Agreement.
In such a situation and excluding cases of breaches in an obligation listed as essential in the Subscription Agreement and able to cause termination as of right from the date of receipt of the formal notice mentioned above, if the formal notice remains unanswered, in full or in part, following a period of thirty (30) days from its receipt (the date on which it was first delivered by the Postal services), the Party that is victim of the non-performance may if it so wishes, terminate the Subscription Agreement as of right by simple notice sent by registered post with acknowledgement of receipt to the other Party, without prejudice to any claim for compensation for losses incurred.
18.2 – Grounds for termination include: non-payment, in whole or in part, of an invoice by the Client or a breach in the obligation to cooperate from either Party or a breach in any of the obligations listed as essential in the Subscription Agreement or non-compliance with the provisions regarding Intellectual Property or a breach by either Party in the provisions of the articles entitled “Obligations”.
ARTICLE 19 – EFFECTS OF THE END OF THE SUBSCRIPTION AGREEMENT
19.1 – On expiration or any of the grounds for termination, the Identifiers of the Client and Users shall be disabled and the Client shall no longer have access either to the Software or to the Data. The user license concerning in particular Enriched Data having expired, the Client shall no longer have access to this Data from the effective date of the termination of the Subscription Agreement or of its expiration.
19.2 Raw Data captured up to the expiration date or the effective date of the termination may be provided to the Client, on request from it, in a usual working format.
After a period of six (6) months from the effective date of termination or expiration, Raw Data may be provided as part of the performance of a specific service. This service may be subject to an estimate that must be accepted beforehand by the Client. After a period of 2 years from the effective date of termination or expiration, Data shall no longer be transferable.
ARTICLE 20 – FORCE MAJEURE
Beyond the events habitually upheld by French case-law in the cases of force majeure, the Parties’ obligations shall be automatically suspended in the event of occurrences independent of their express will and impeding the normal performance of the Service, such as earthquakes, fires or flooding at premises where one or other of the Parties operates, storms, epidemics, interruption of transport facilities for any reason whatsoever, full or partial strikes outside of the organization, full or partial, regional, national or international interruption to telecommunications and full or partial, regional, national or international interruption to computer networks. Force majeure further includes, technical failure caused by malicious actions (e.g. attacks by hackers, denial of service, etc.).
The Party reporting the occurrence must without delay inform the other Party of its inability to perform its service and give proof of this to the latter. The suspension of obligations may not in any circumstance be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages and interests or penalties for lateness.
However, once the cause for the suspension of their mutual obligations disappears, the Parties shall use their best endeavors to resume as quickly as possible the normal performance of their contractual obligations.
In the event that the case of force majeure extends beyond a period of 3 (three) months, this Subscription Agreement may be terminated by registered post with acknowledgement of receipt, save for an agreement between the Parties.
ARTICLE 21 – MISCELLANEOUS PROVISIONS
21.1 – Declaration of mutual independence
Each Party is an independent contractor and no provision of the Subscription Agreement shall create any company, in deed or in law, any joint company, any authorization, any franchise agreement or commercial agency agreement or staff relationship, between the Parties.
21.2 – If any contractual document comprising the GTCUs or the Estimate is translated, only the version in French shall be authentic.
21.3 – The Parties accept and acknowledge as valid proof able to be produced in court, any exchange by email, between them.
21.4 – The nullity of any clause whatsoever in the GTCUs or in the Estimate shall not affect the validity of the other clauses; the agreement shall proceed in the absence of the voided clause.
21.5 – Tolerance
The fact that either of the Parties does not claim that the other is in breach of any obligation whatsoever among those set out in this agreement may not be interpreted in future as a waiver of the possibility of a complaint regarding the application of the obligation in question.
ARTICLE 22 – SETTLEMENT OF DISPUTES
This Subscription Agreement is governed by French law.
Save in case of summary judgment or in case of emergency, all disputes regarding the Subscription Agreement, in particular arising from its signature, performance, interpretation, termination, or validity, must strictly be subject to an attempt towards amicable resolution by the Parties.
For this purpose, the Parties agree to meet within 15 (fifteen) days of receipt (date on which the letter is first delivered by the Postal services), by one of the Parties, of the notification of this dispute by registered post with return receipt requested sent by the other Party.
In the absence of an amicable resolution to the dispute within 15 (fifteen) days of the meeting of the Parties in the conditions set out in the paragraph above, the dispute shall then be submitted to the relevant jurisdiction according to the procedures defined below.
Failing an amicable agreement, the Parties shall submit all disputes, even in the case of action to enforce a guarantee or of multiple defendants, to which this Subscription Agreement may give rise, and all this for any of its validity, its interpretation, its performance or its termination, to the relevant court of the Provider’s head office.