General Terms and Conditions –
Fujitsu RunMyProcess Service
Valid as of 7 November 2018. View previous version.
After having read the characteristics and functionalities, the CLIENT wants to benefit from the Service and Fujitsu RunMyProcess Services, in line with the conditions and limits stipulated in the following documents, in the following order of priority: (1) the Special Terms and Conditions, (2) these General Terms and Conditions. Collectively these documents constitute the Contract. The Contract constitutes the entirety of relations between the CLIENT and Fujitsu RunMyProcess for use of the Service and provision of the Services, and excludes the terms and conditions of purchase of the CLIENT.
Application: Refers to computer programs, which are designed and developed by the CLIENT (or by any other specially mandated third party by the CLIENT) with the Software in the framework of the Service. The Applications are the property of the CLIENT, subject to the rights of Fujitsu RunMyProcess over the Software and Runtimes.
Software: Refers to the software (including Runtimes) which allow Fujitsu RunMyProcess to offer the Service to the CLIENT.
Reseller: Refers to the legal entity who entered into contract with Fujitsu RunMyProcess with a view to selling the Service in the CLIENT’s country. The special terms and conditions of the Reseller may not include any special condition enforceable on Fujitsu RunMyProcess, notwithstanding the prior written consent of Fujitsu RunMyProcess to be agreed directly with the CLIENT. The price of the Service is to be agreed directly between the Reseller and the CLIENT and only the Reseller may receive amounts payable by the CLIENT.
Platform: refers to computer servers on which the Software and Applications are hosted.
Service(s): refers to any electronic service distinct from the Service ordered by the CLIENT from Fujitsu RunMyProcess in line with a prior estimate issued by Fujitsu RunMyProcess. These services are the object of Special Terms and Conditions for the provision of Services.
Runtimes: refers to Software elements, which are integrated into Applications. The Applications cannot operate without the Runtimes.
Service: refers to the remote provision of the Platform in Platform as a Service mode and the Software as detailed in these General Terms and Conditions and Special Terms and Conditions Platform as a Service (PaaS).
Users: refers to people who are duly authorised by the CLIENT (members of staff, sub-contractors, end CLIENTS, etc.) to benefit from the Service.
2. FUJITSU RUNMYPROCESS SERVICE
Fujitsu RunMyProcess edits and provides a Platform, in PaaS (Platform as a Service) mode to design, integrate, operate and manage professional process modules, and allowing the User to design, develop and use the Applications.
In line with requirements, the CLIENT may place an order for additional Services in line with the terms and conditions defined in the Special Terms and Conditions for the provision of Services.
In such instance as a Contract is concluded by the CLIENT with a Reseller, the CLIENT signs the purchase order sent by the Reseller and which will constitute the Special Terms and Conditions as defined in the Contract. The Service will be accessible by the CLIENT within twenty-four (24) working hours following receipt (i) by Fujitsu RunMyProcess of the purchase order of the Reseller and (ii) the General Terms and Conditions of service of the Fujitsu RunMyProcess service accepted in writing (potentially in electronic format) and without reservation by the CLIENT.
3. ACCESSING THE SERVICE
Users of the Service may be employees of the CLIENT, its service providers and its own customers as designated by the CLIENT and authorised to access the Service. The Service can be accessed from a web portal controlled by Fujitsu RunMyProcess.
Fujitsu RunMyProcess gives the CLIENT access to the Service by creation of one or more accounts, limitative and/or personal in line with the terms and conditions of the Service(s), and Users may only access the Service in the limits of the metrics subscribed and the duration defined in the Special Terms and Conditions. Any loss or theft of Account codes should be notified immediately by the CLIENT so as Fujitsu RunMyProcess can invalidate these and assign new access credentials. Any connection to the Service using the login and password of Accounts assigned to the CLIENT is deemed to be agreed to the CLIENT, who is solely and exclusively liable for access and actions taken using credentials assigned to Users.
It is incumbent upon the CLIENT alone to ensure that the Users have a sufficient web connection and to ensure the compatibility of their computer environments with the Service, with Fujitsu RunMyProcess relinquishing all liability in the event of failure or non-compliance of the Service pertaining to the breach or insufficiency electronic resources and communication with the CLIENT.
4. RIGHT OF USE
Signature of the Contract and complete payment by the CLIENT of all amounts and fees indicated under the Special Terms and Conditions leads to the CLIENT being granted a right to use the Service, in the limits indicated under the Special Terms and Conditions.
Use of the Service is understood as its use by Users, in the framework of professional purposes of the CLIENT alone, so as to load and process data pertaining solely to its own operations.
Any other unauthorised use of the Service granted in writing by Fujitsu RunMyProcess is strictly prohibited. Consequently, the CLIENT refrains and undertakes to prohibit Users from undertaking any provisional or permanent reproduction of the Service in whole or in part, any access or attempted access to Software source codes, any decompilation or reverse engineering of the Service or Software notably with a view to creation of a similar service, Fujitsu RunMyProcess, any distribution, broadcast, free or paid-for provision in whole or in part of the Service for unauthorised users, the public or third parties, any translation, adaptation, arrangement or modification of the Service, any extraction or re-use of Service databases, and any fraudulent or unauthorised introduction or attempted introduction onto the Platform.
The CLIENT agrees to use the Service in compliance with its intended use, its documentation, professional rules applicable to its activities, as well as the stipulations in the Contract. Fujitsu RunMyProcess reserves the right to maintain and develop the Software and more widely all Service components.
The CLIENT agrees to only load and process via the Service strictly legal professional data. In particular, the CLIENT refrains and prohibits Users from loading or processing any data which runs contrary to laws, regulations or public order and notably any xenophobic, racist, sectarian, proselyte, homophobic, defamatory, harmful, pornographic or paedophilia, violent content as well as any provocation to suicide or violence, harm to privacy, the image of people or rights of third parties, notably by the storage of files obtained in breach of copyright.
The CLIENT holds sole liability for data loaded and processed by Users as well as the results obtained. The CLIENT agrees not to use the Service for any use, which runs contrary to regulations applicable to its professional activities, commercial publicity operations or electronic communications, nor to lend support to such a use. Under no circumstances may the Service be used for phishing, anonymization, file exchange or download.
Fujitsu RunMyProcess reserves the right to interrupt without notice, reimbursement of licence nor compensation, access of the CLIENT to the Service in the event of any use which does not comply with these General Terms and Conditions, in the event of receipt of any notice which complies with article 6 of law no. 2004-575 of 21 June 2004, and more widely in the event of use of the Service which does not comply with the Contract.
5. SERVICE EVALUATION PERIOD
Upon request by the CLIENT, Fujitsu RunMyProcess may grant a right of use for evaluation of the Fujitsu RunMyProcess service for a period defined in the Special Terms and Conditions without this being able to exceed thirty (30) days. As an exception to the provisions of the articles entitled "Hosting" and "Availability and Quality of Service" and the service levels applicable, no service level guarantee is granted by Fujitsu RunMyProcess during the free test period.
Use of the Fujitsu RunMyProcess Service requires the previous (i) creation of a Fujitsu RunMyProcess account.
Following the Service evaluation period, all Applications developed by the tester may no longer be used, unless the tester has signed the special terms and conditions of Fujitsu RunMyProcess and paid Fujitsu RunMyProcess the total corresponding fees for the service subscribed as CLIENT.
6. APPLICATIONS DEVELOPED BY THE CLIENT
The CLIENT is sole owner of the intellectual property rights over the Applications that it develops using the Service, with the exception of parts of the Applications, which constitute Runtimes, of which the intellectual property rights are held by Fujitsu RunMyProcess. The CLIENT is solely and exclusively liable for maintenance of the Applications, unless it signs a specific contract for this purpose with a third party or Fujitsu RunMyProcess.
The Service and Data of the CLIENT are hosted on a sub-contractor Platform. These companies lock the Platform and implement security measures, which comply with standards in force, against any harm to data integrity or attempted fraudulent introduction, in the framework of an obligation of means.
The CLIENT expressly confers Fujitsu RunMyProcess the right to reproduce data on the Platform, solely for the purpose of performance of the Service, and for the entire term of the Contract.
Fujitsu RunMyProcess agrees to provide backups in line with terms and conditions set forth in the Special Terms and Conditions. As a guide, the system and Information protection security system of Fujitsu RunMyProcess may be communicated at the request of the CLIENT. However, in parallel it is incumbent upon the CLIENT to make its own backups so as to be protected.
The CLIENT is solely and exclusively liable for security of its own information security system and web access, and in particular the implementation of firewalls and antivirus programs to protect its system.
8. AVAILABILITY AND QUALITY OF SERVICE
8.1 Service Availability
Fujitsu RunMyProcess provides the CLIENT with memory and processing capacity required for proper use of the Service and satisfactory performance levels pursuant to applicable service levels. The CLIENT is notified of technical issues pertaining to the internet and interrupted access, which may result. The CLIENT is solely and exclusively liable for the efficiency of its web connection. Consequently, Fujitsu RunMyProcess cannot guarantee permanent accessibility to the Service.
The Service is deemed as unavailable when the CLIENT does not have any access to the Service (total failure to connect) in line with the following conditions: (a) failure of the Service for over FIVE (5) consecutive minutes and (b) failure of the Service due to a problem affecting the Software (including Runtimes). Fujitsu RunMyProcess EXPRESSLY REMINDS THE CLIENT THAT IT RELINQUISHES ALL LABLITY IN THE EVENT OF NON-AVAILABLITY OF THE SERVICE INHERENT TO THE DESIGN OR OPERATION OF AN APPLICATION.
Availability of the Service is expressed as a percentage in line with the following formula: (number of minutes of unavailability during the same month resulting from an Anomaly) divided by (/) the number of minutes included in this same month.
Measurement method: Fujitsu RunMyProcess will implement all resources, which it holds so as to guarantee accessibility to the Service 24/7, in line with an availability rate of 99.9% which is calculated by subtracting from 100% the monthly percentage of any Service interruption lasting for over FIVE (5) consecutive minutes, with the exclusion of the following failures:
(i) Planned program Maintenance (hardware or software): Planned maintenance operations will be notified to the CLIENT by email to the Administrator at least eight (8) calendar days in advance and may not exceed a monthly total of two (2) hours;
(ii) Case of force majeure or failure outside of the responsibility of Fujitsu RunMyProcess (for instance, breakdown of the internet);
(iii) Preventive closure of the Service so as to combat a Denial of Service (DoS) attack.
Penalties: If the monthly rate of availability is between 99% and 99.9%, Fujitsu RunMyProcess will credit the CLIENT with three (3) days of Service free of charge (added to the current contractual period). If the monthly rate of availability is between 95% and 99%, Fujitsu RunMyProcess will credit the CLIENT with ten (10) days of Service free of charge (added to the current contractual period). If the monthly rate of availability is less than 95%, Fujitsu RunMyProcess will credit the CLIENT with thirty (30) days of Service free of charge (added to the current contractual period). After three (3) consecutive days of unavailability without re-establishment of the Service, the CLIENT may automatically terminate the Contract and Fujitsu RunMyProcess will reimburse all amounts collected for access to the Service on a pro rata basis of the term of the Contract still to run.
8.2 Commitment and processing limits and correction
The CLIENT indicates on the Fujitsu RunMyProcess portal located at https://support.runmyprocess.com any anomaly affecting the Service by indicating the circumstances surrounding the failure observed and the Contract number. Fujitsu RunMyProcess will take note of this 24/7.
Handling of an Anomaly by Fujitsu RunMyProcess: Within four (4) hours following indication of an Anomaly;
Resolution of the Anomaly:
Major (irreparable functionality): The objective is to eliminate the anomaly within 24 hours following the start of handling, using any means included but not limited to the ones described below on "Nature of resolution". Should the elimination of the anomaly not be possible within 24 hours, RunMyProcess will provide a resolution action plan to the CLIENT within 24 hours following the start of handling. RunMyProcess will provide status updates to the CLIENT latest every 24 hours or as specified in the resolution action plan.
Minor (altered functionality): The objective is to eliminate the anomaly within 72 hours following the start of handling, using any means included but not limited to the ones described below on "Nature of resolution". Should the elimination of the anomaly not be possible within 72 hours, RunMyProcess will provide a statement regarding the resolution of the problem to the CLIENT within 72 hours following the start of handling. RunMyProcess will provide status updates to the CLIENT latest every 72 hours.
Nature of resolution: Restoration of the Service by installation or supply of a provisional solution or a provisional or permanent update of the Software.
To benefit from the quality of Service offered by Fujitsu RunMyProcess, the CLIENT should:
(i) Immediately report any Anomaly to Fujitsu RunMyProcess and immediately send all necessary or useful information to identify or reproduce the Anomaly.
(ii) Ensure that only the CLIENT administrator appointed in the Special Terms and Conditions sends information about the Anomaly to Fujitsu RunMyProcess.
(iii) Dedicate an administrator to Fujitsu RunMyProcess, and allow Fujitsu RunMyProcess to contact this administrator and/or any User likely to provide it with useful information about the reported Anomaly.
Fujitsu RunMyProcess may not be held liable for any anomaly pertaining to: (1) a hardware or software malfunction of one or more elements of the information system or network of the CLIENT, (2) improper use of the Service by Users, or contrary to its intended use or documentation, (4) a refusal by the CLIENT to collaborate with Fujitsu RunMyProcess in resolution of Anomalies, (5) an incompatibility between the Service and hardware or third party software implemented by the CLIENT without prior validation by Fujitsu RunMyProcess, (6) a breach in the electronic communication networks, a slowdown or saturation of the internet (7) a contamination of the information system of the CLIENT by a computer virus (8) a fraudulent intrusion in the computer systems of the CLIENT (9) any unauthorised intervention by Fujitsu RunMyProcess of a third party on the Service, and more widely (10) any voluntary act of damage, maliciousness, sabotage, or deterioration due to a case of force majeure.
9. FINANCIAL TERMS AND CONDITIONS
Such as defined in Special Terms and Conditions, the price of the Service and Services may include ad hoc installation costs and/or parametrisation costs, fees for using the Service, the cost of options and additional services.
Prices are notably calculated in line with the metric applicable and duration of subscription to the Service as described in the Special Terms and Conditions.
Unless otherwise stipulated in Special Terms and Conditions, the terms and conditions of invoicing and payment are defined in the Special terms and conditions accepted by the CLIENT. The invoices are payable at the latest thirty (30) days from the date of invoice. Prices are understood as in euros, excluding VAT and without rebate.
Any payment default in an invoice once it falls due may lead to suspension of the Service and Services as well as termination of the Contract after issue of a notice to pay sent by Fujitsu RunMyProcess to the CLIENT and remaining without remedy, any previous payment will be retained by Fujitsu RunMyProcess and any payment to be made will immediately fall due. In all instances, any payment delay by the CLIENT will lead to application:
- of the legal fixed-rate compensation for recovery, pursuant to applicable Law;
- of additional fees which are required for recovery by Fujitsu RunMyProcess over its liability;
- of a non-redeemable late payment interest at a rate equal to three (3) times the legal interest rate in force, counted in days from the first day of delay over the due date of the invoice and until the actual payment date.
If, following any financial, technical or commercial circumstance occurring after signature of the Contract, the economic balance which it implemented between the Parties should be affected to such point as to make its performance harmful for Fujitsu RunMyProcess, it will be entitled to contact the CLIENT so as to mutually define in good faith the manner in which it can absorb the imbalance observed, where necessary by making an amendment to the contractual provisions. If the Parties should fail to agree on this solution, they will then have the option, upon the initiative of the most diligent Party, to call upon any third party selected by mutual consent or, failing this, appointed by way of summary processing, by the Presiding Judge at Paris Commercial Court, and remunerated by each Party equally.
Unless otherwise stipulated in Special Conditions, for any subscription exceeding the term of twelve months, the licence for the Service is adjustable each year at the anniversary date of the Contract, by application of the formula "R2 = R1 (S2/S1)". Where "R2" refers to the total licence fee after adjustment, "R1" refers to the initial licence fee, "S2" refers to the last known SYNTEC index at the time of adjustment and "S1" refers to the SYNTEC index known at the date of signature of the Contract.
10. INTELLECTUAL PROPERTY
Fujitsu RunMyProcess is and will remain sole owner of all rights over the Service, including property of the Software and Runtimes, of its trademarks and logos, tables and graphs within the Software, of any database required for operation of the Service, as well as its expertise, tools and its own information system.
The right to use the Service as conferred to the CLIENT may not lead to transferring any intellectual property right whatsoever over the Service in whole or in part, other than those strictly required for performance of the Contract and within the limits of this. Fujitsu RunMyProcess will retain the benefit of any improvement or enrichment of its own processes, expertise and skills acquired at the time of performance of the Contract, and will remain sole proprietor of any parametrisation or development of personalisation undertaken for the CLIENT.
The CLIENT remains sole owner of data, trademarks and logos, brands and elements sent to Fujitsu RunMyProcess in the framework of the Contract and which Fujitsu RunMyProcess refrains from using for any other purpose than proper performance of the Contract.
Fujitsu RunMyProcess guarantees that it has all intellectual property rights allowing it to provide the Service and Services to the CLIENT. Consequently, Fujitsu RunMyProcess accepts to defend and compensate the CLIENT for all damages pertaining to claims, legal action or convictions, lodged by any third party claiming that the Service infringes, in whole or in part, any copyright, subject that the CLIENT notifies it immediately in writing of the existence of such action, makes a claim for its defence, provides its total cooperation in said defence and does not seek a settlement without having sought the prior consent of Fujitsu RunMyProcess.
Insofar as Fujitsu RunMyProcess acknowledges that the component is counterfeit, it may, at its own choice and cost, either amend the component in question so as the Service and Services are no longer counterfeit, or replace the disputed component with one which is not counterfeit, with overall equivalent or superior functions in terms of performance, or finally obtain rights of use so as the CLIENT can continue to operate the Service pursuant to the terms of the contract.
This guarantee is not applicable to open source components which are integrated or used in the Service and Services. Neither is it applicable in all instances where liability is relinquished herein.
The CLIENT offers Fujitsu RunMyProcess the same guarantee over the data loaded and processed via the Service, and holds Fujitsu RunMyProcess harmless against any claim or conviction sought by a third party and based on intellectual property rights or any act of unfair competition, including all damages and miscellaneous costs.
CLIENT Data (including potential personal data of Users), information pertaining to its activities, specifications of the Fujitsu RunMyProcess Service as well as source and object code of the Software, constitute strictly confidential information for the Parties. Each of the Parties hereby undertakes to keep secret all information which they receive from the other Party, not to disclose confidential information of the other Party to any third party whomsoever, aside for in the case of a legal request and to only use confidential information of the other Party so as to perform its obligations as defined in the Contract.
12. PERSONAL DATA & DATA SECURITY
The CLIENT has sole and exclusive responsibility over its data processing. In this regard, it guarantees to be sole proprietor of data, notably personal, which is processed using the Service or Applications. All rights of people concerned (right of access, rectification, etc.) should be exercised by these people directly with the CLIENT, Fujitsu RunMyProcess undertakes to comply with all reasonable and legitimate written instruction from the CLIENT. Pursuant to French and European legislation on the protection of personal data (collectively referred to as the "General Regulation on Data Protection" or the "GDPR"), prior to any use of the Software, the Service or Applications by the CLIENT and during the term of the Contract, the CLIENT guarantees as follows to Fujitsu RunMyProcess:
(i) that it has collected and it is processing personal data in a legal, loyal and transparent manner, for given, explicit and legitimate purposes which Fujitsu RunMyProcess may not know and the CLIENT confirms to have duly informed those concerned. Consequently, any potential obligations to make a prior declaration pertaining to data processing with a control authority responsible for protection of personal data are its sole and exclusive responsibility and the CLIENT guarantees Fujitsu RunMyProcess that it has respected these obligations;
(ii) that it is solely and exclusively responsible for processing personal data which it collects, directly or indirectly, enters or processes during its use of the Service or Applications;
(iii) that it alone determines the purposes and means of processing of personal data undertaken notably by use of the Service or Applications. Consequently, it is incumbent upon the CLIENT, prior to use of the Service or Applications, to check that personal data processing requested from Fujitsu RunMyProcess complies with the purpose and means of personal data processing as implemented by the CLIENT.
Fujitsu RunMyProcess is data processor of CLIENT data. Consequently, Fujitsu RunMyProcess only technically processes CLIENT data to render the Service, with the exclusion of any other use, in favour of Fujitsu RunMyProcess or third parties. Notwithstanding any stipulations to the contrary as defined in the Special Terms and Conditions, data, notably personal, Applications, and the Software are stored and processed by Fujitsu RunMyProcess (and its sub-contractor) on servers located solely within the European Union. Fujitsu RunMyProcess undertakes not to perform any data transfer outside of the European Union without the prior authorisation of the CLIENT and in a strictly secure framework in pursuance with the requirements of applicable legislation, namely towards countries with an "adequate" protection level as defined by the European personal data protection authorities (in France the CNIL), or towards entities (Affiliates, processor) having signed contractual clauses as governed by European authorities.
Fujitsu RunMyProcess undertakes (i) not to process CLIENT data other than in the conditions of the Contract and (ii) not to undertake any other processing of CLIENT personal data for which provision is not made in the Contract, aside for having any legitimate written instructions to the contrary from the CLIENT.
The CLIENT acknowledges and accepts that Fujitsu RunMyProcess may freely and at any time change Platform, subject to previously notifying the CLIENT and insofar as (i) the new Platform offers performances at least equal to those of the Platform identified under the Special Terms and Conditions, (ii) switches over to the new Platform operated by Fujitsu RunMyProcess without interruption of the Service offered to the CLIENT (iii) the Platform respects all commitments of Fujitsu RunMyProcess and (iv) Fujitsu RunMyProcess does not amend the price of the licence.
From 25 May 2018, Fujitsu RunMyProcess undertakes to keep an updated list of personal data of the CLIENT processed including:
a) the name and contact details of the processing manager and, where applicable, the data protection officer;
b) the purposes of processing;
c) a description of categories of people concerned and categories of personal data;
d) the categories of recipients to whom personal data] has been or will be sent, including recipients third countries or international organisations;
e) where applicable, the transfer of personal data to a third country or international organisation, including identification of this third country or international organisation;
f) Insofar as possible, the deadlines for deletion of various categories of data.
g) Insofar as possible, a general description of technical and organisational security measures of the Service.
From 25 May 2018, Fujitsu RunMyProcess undertakes to immediately notify the CLIENT of any breach to personal data sent or processed via the Service when this breach leads, accidentally or illegally, to unauthorised access or disclosure, alteration, loss or destruction of this data.
Pursuant to law no. 2015-912 "Intelligence" of 24 July 2015 and in such instance as Fujitsu RunMyProcess has encrypted User data, in whole or in part, pursuant to the Agreement, Fujitsu RunMyProcess reminds the User that, subject to criminal sanctions "[service providers] who provide encryption services for confidentiality purposes are bound to issue agents [from specialist intelligence services] within 72 hours, on request, all conventions allowing for unencrypted of data transformed using the services provided. Agents [from specialist intelligence services] may request that suppliers [of encryption services] themselves implement within 72 hours these conventions unless [the suppler of encryption services] shows that it was unable to meet these requirements".
Fujitsu RunMyProcess is liable for compliance of the Service with its presentation, proper operation and availability in the framework of an obligation of means as defined herein.
Fujitsu RunMyProcess does not offer any other guarantee pertaining to the Service and may under no circumstances be held liable for adequacy of the Service with the CLIENT requirements as well as success of CLIENT projects, of which the efficiency, visibility or pertinence fall within the sole remit of the CLIENT and Users.
By mutual consent between the Parties, the liability of Fujitsu RunMyProcess in the event of default in its obligations which is proven by the CLIENT is limited to the total excluding VAT, actually received by Fujitsu RunMyProcess for the Service or operation behind the damage, and rules out any indirect damage of the CLIENT (such as a loss, inaccuracy or corruption of data, economic prejudice, loss of clientele, loss of prospective clients, loss of commercial earnings, legal action by a third party against the CLIENT, loss of opportunity, loss of image, etc.). The Parties indicate that the total indicated above forms part of the economic balance of the Contract.
Fujitsu RunMyProcess relinquishes all liability as to the storage, legality, integrity or pertinence of Data loaded and/or processed by the CLIENT or Users. Moreover, the CLIENT guarantees and holds harmless Fujitsu RunMyProcess against any redress by a User or third party pertaining to Data and included in the Service and harming its rights.
In the event of expiry or termination of the Contract for any reason whatsoever, Fujitsu RunMyProcess will maintain a limited access to the Service without any additional costs and for a maximum term of 60 days, for the sole purposes of allowing the CLIENT to reclaim all data hosted on the Service. Beyond this period, CLIENT data will be destroyed.
Fujitsu RunMyProcess will retain any document pertaining to the Service provided to the CLIENT, including any copy of programs, documentation, data, etc. for a term of 30 calendar days from expiry or termination of the Contract for any reason whatsoever (including where applicable reversibility services).
After this period, and notwithstanding any counter-instruction from the CLIENT, Fujitsu RunMyProcess will destroy all of this information and not retain any copy. Notwithstanding that which precedes, Fujitsu RunMyProcess may retain a copy of any document required to fulfil its legal obligations.
15. TERM AND TERMINATION
The Contract becomes effective as at the date of signature by the CLIENT of the Special Terms and Conditions, for the entire term of use of the Service by the CLIENT. The term of use of the Service is set out in the Special Terms and Conditions and is tacitly renewable beyond, by periods of twelve (12) months (without limitation in duration). As part of these subsequent renewals, each Party may send the other a written notification of its decision not to renew the subscription at least 90 days prior to the expiration date.
In the event of default by either Party in any of the Contractual obligations, not remedied within thirty (30) calendar days following service of notice sent by recorded delivery letter with acknowledgement of receipt notifying the default in question, the other Party may claim termination of the Contract without prejudice for compensation which it is entitled to claim. Where applicable, the Parties will implement reversibility as agreed hereinabove.
Fujitsu RunMyProcess may automatically terminate the Contract without prior notice in such instance as the CLIENT or a User harms the integrity of the Service in any manner whatsoever or the image, trademark or intellectual property rights of Fujitsu RunMyProcess or its products.
16. MISCELLANEOUS PROVISIONS
Notwithstanding any prior written agreement, the CLIENT refrains from recruiting or employing, directly or indirectly, any employee or sub-contractor of Fujitsu RunMyProcess for the entire term of the Contract and for twenty-four (24) months following its end, with any breach of this provision resulting in full compensation of any claims to Fujitsu RunMyProcess.
The CLIENT expressly authorises Fujitsu RunMyProcess to cite and publish its trademark and logo in the framework of promotion of the Service, on any promotional documentation.
Fujitsu RunMyProcess may change at any time these General Terms and Conditions, including but not limited to, for the following purposes: regulatory, technical or enhance the functioning of Services. The CLIENT will keep updated of these changes by email. The CLIENT is allowed to terminate the Contract within ninety (90) days from the notification of changes. Using the Service after the changes become effective means the CLIENT agrees to the new terms.
The Contract is governed by French law.
ANY DISPUTE IN RELATION TO THE SERVICE, NOT RESOLVED AMICABLY BETWEEN FUJITSU RUNMYPROCESS AND THE CLIENT WILL BE REFERRED TO THE SOLE AND EXCLUSIVE JURISDICTIONAL COMPETENCE OF THE PARIS COURTS, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS AND A CALL FOR JOINDER TO PROCEEDINGS.