1. DEFINITIONS
For the purposes of these Terms and Conditions, :
the “Customer”, the project owner, natural person or legal entity, having accepted the service offer submitted by tomeris as defined below;
the “Terms and Conditions”, the general terms and conditions of services available on the website https://www.tomeris.eu/ ;
The “Mission”, the Mission refers to all services agreed between tomeris and the Customer as part of the Offer. The Mission may include, but is not limited to, the audit and securing of software, the compliance and securing of cloud environments, the development and execution of backup strategies, as well as any cybersecurity or compliance support services. The specifics of the Mission are detailed in the contractual documents (quotation, specifications, commercial proposal, etc.) and are carried out in accordance with the terms of this Offer.
"Offer" means the quotation submitted by tomeris to the Customer for the performance of the Mission and/or additional missions. The Offer is calculated on the basis of the requirements expressed by the Customer. Any quotation issued remains valid for thirty days from the date of issue. The offer is subject to the Terms and Conditions;
the “tomeris Manager”, tomeris SARL with registered office in the Grand Duchy of Luxembourg, 4 Rue John LENNON, L-4371 Belvaux, VAT LU36414950 , RCS Luxembourg B294068;
the “Site”, the www.tomeris.eu website.
2. GENERAL PROVISIONS
The tomeris Manager carries out the complete Mission on the basis of the needs expressed by his Clients for the amount (excl. VAT) determined at the time of submission of the Offer.
The Mission is governed by the Terms and Conditions in force on the Site at the date of submission of the Offer.
Acceptance of the Offer by the Customer implies acceptance of the Terms and Conditions in force at the time of acceptance.
3. PRICES AND ADDITIONAL CHARGES
Any additional work is payable on receipt of the corresponding invoice. A deposit corresponding to half the fees may be requested as soon as the tomeris Manager begins the additional assignment requested by the customer.
Non-payment of an invoice issued by the tomeris Manager - whether for payment of an instalment of the Mission or for payment of an additional Mission or provision - shall result in the suspension of the Mission(s) in progress, without this suspension giving rise to the payment of damages by the unpaid tomeris Manager.
Non-payment of an invoice issued by the tomeris Manager and which has been the subject of a formal notice for payment sent by registered mail without effect within one month of being sent - whether for the payment of a portion of the Mission or for the payment of an additional Mission or the provision - shall result in the termination of the Mission to which it relates and, consequently, the total cessation of the said Mission to the sole detriment of the Customer, without this termination giving rise to the debiting of damages and interest on the part of the unpaid tomeris Manager.
The tomeris Manager reserves the right to claim compensation from any customer who fails to comply with these provisions.
Non-payment of invoices within thirty days of their issue automatically entails the application of interest at a rate of 1% per month, it being understood that interest for any month commenced is due for the entire month. In addition, a supplementary indemnity will be payable equal to at least 15% of the principal amount, with a minimum of €100.
4. CUSTOMER'S RESPONSIBILITIES
The Customer must accept the Offer within thirty days of its issue by the tomeris Manager.
The Customer undertakes to submit all the documents required for the tomeris Manager to carry out the Mission on time. The Customer undertakes to submit correct, up-to-date and complete documents within the allotted time to enable the tomeris Manager to submit an Offer that is as complete as possible. In this respect, the tomeris Manager reserves the right to revise his Offer in the light of elements that have not been provided or of substantial modifications to the documents subsequent to the submission of the Offer.
If the tomeris Manager is not responsible for the correctness and accuracy of the data and documentation supplied to him by the Customer and/or by any other authorized participant in the project.
Unless expressly requested otherwise by the customer, the use of e-mail contact@tomeris.eu is preferred for exchanges between the tomeris Manager and the customer. It is the customer's responsibility to ensure that his e-mail address is valid and that his mailbox has sufficient capacity. The Customer shall ensure that the anti-spam treatment of his mailbox provider is not configured to automatically block e-mails from certain senders. The tomeris manager cannot be held responsible for delays or problems related to the routing of e-mails through networks (telephone operators, Internet or other). Any action of any nature whatsoever resulting from the non-receipt of an e-mail is null and void.
The Customer shall allow the Tomeris Manager free access to any document or data required for the performance of the tasks entrusted to him.
The tomeris Manager cannot be held responsible for any delay and/or error or for the consequences of any delay and/or error resulting from the Customer's failure to comply with any of its obligations.
5. RESPONSIBILITIES OF THE TOMERIS MANAGER
The Tomeris Manager undertakes to use his best efforts to carry out the tasks entrusted to him by the Customer, subject to the Customer's compliance with his obligations to cooperate, the accuracy and completeness of the information in his possession, the means available and the contingencies inherent in the progress of the project. Tomeris cannot be held responsible for any consequences resulting from erroneous or expired data or incomplete or erroneous information supplied by the Customer.
The tomeris Manager undertakes to keep the Customer informed of any incident of which he is aware that may arise during the execution of the work associated with the project.
The tomeris Manager is only responsible for the direct consequences of his commitment to provide his best efforts to make the services defined in the Offer available to the Customer.
Except in the case of gross negligence or wilful misconduct on his part, the tomeris Manager cannot be held liable to the Customer for any direct or indirect, foreseeable or unforeseeable damage caused by the suspension or interruption of the assignments entrusted to him.
Under no circumstances shall the tomeris manager be held liable, in respect of private individuals or professionals, for loss of profit, commercial loss, loss of data or loss of earnings or any other indirect or unforeseeable damage.
6. RIGHT OF CANCELLATION
The Customer may, at any time, terminate the Mission and/or the additional missions entrusted to the tomeris Manager by sending a notification by registered mail with acknowledgement of receipt to the tomeris Manager.
In the event of termination, an indemnity equivalent to 30% of the balance of the total price still to be paid by the Customer is automatically due in addition to the amount of fees due for services already completed up to the date of termination.
Each assignment started is due in full.
7. PROTECTION OF PERSONAL DATA
The tomeris Manager collects and processes the Customer's personal data (the Data) as Data Controller in the performance of its contractual mission in accordance with applicable legislation, in particular REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data.
Customer data is processed for the following purposes:
- Recording the information needed to draw up the Offer;
- Notification of information to the competent authorities in accordance with the law;
- Managing (pre-)litigation cases in the event of a dispute ;
Archiving your data. Data is kept for up to 5 years after the file has been closed. They are not transferred outside the European Economic Area.
Any communication relating to a request for information, a complaint or relating to the exercise of your rights under the General Data Protection Regulation (Regulation (EU) 2016/679) should be addressed, by post or e-mail, directly to the tomeris Manager. If necessary, you may lodge a complaint with the Data Protection Authority.
The personal data protection policy can be consulted on the website : https://www.tomeris.eu/politique-de-confidentialite
8. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The customer undertakes to respect the intellectual property rights of Responsable tomeris. Software, programs, applications and user manuals made available to the customer remain the property of Responsable tomeris. The brand, logos and website of Responsable tomeris are also protected.
It is strictly forbidden for the Customer to use, for sale or for any other commercial purpose, the Site or its contents (listed products, brands, logos, graphics, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound extracts, graphics, images, texts, photographs, tools, etc.). Under no circumstances may the Site be reproduced, copied, sold or exploited for commercial purposes.
The tomeris manager reserves the right to claim compensation from any customer who does not respect the aforementioned intellectual property rights.
9. RELATIVE NULLITY
If one or more provisions of the Terms and Conditions are held to be invalid or are declared as such, in application of a law, a regulation or following a final and contradictory decision of a competent court, the other stipulations will retain all their validity and scope.
10. APPLICABLE LAW, COMPETENT COURT
The Terms and Conditions are governed by Luxembourg law. The courts of Luxembourg shall have exclusive jurisdiction over any dispute arising therefrom.
The courts of Luxembourg shall have exclusive jurisdiction over any dispute between the Customer and the tomeris Manager.
11. DECLARATION
The Customer declares and acknowledges that he has read and accepted the Terms and Conditions in their entirety before accepting the Offer.