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General Terms


The French text is authentic and takes precedence for any interpretation which may arise from the application and understanding of these General Terms and the User Charter.

The "Nextsend" site is produced by Netprestation, SARL, capitalized at 2,500 euros, whose registered offices are located at 9 rue James Watt, 49070 Beaucouzé, listed with the register of commerce and companies of Angers, under No. 482 506 532.

The publication manager is Mr. Réault.

The purpose of these general terms is to define the terms and conditions for providing a free or paid file transfer service, based on the plans offered. The present general terms may be supplemented or modified, where applicable, by specific terms and conditions of use for certain features and certain access or payment methods.

The present general terms shall take precedence over any other general or special terams which have not been expressly accepted by Netprestation SARL.

ARTICLE 1 - ACCEPTANCE OF THE GENERAL TERMS

A paid or free file transfer service depending on the plan is offered by Netprestation SARL to the USER, subject to the unconditional acceptance by the USER of the present general terms.

This service is reserved for legal entities, as well as physical persons capable of entering into contracts under French law.

When making any registration, subscription, or order, the USER hereby declares and acknowledges having read and accepted all of the terms of the present general terms. Furthermore, connecting to any of the services offered at the site accessible at the address: "http://us.nextsend.com" (hereinafter the "Nextsend" website) shall imply acceptance by the USER without reservation of the present general terms.

Netprestation SARL reserves the right to change all or part of the present general terms at any time. Consequently, it is up to the USER to regularly consult the latest version of the general terms accessible at the address "http://www.nextsend.com/conditions-generales.html". The USER shall be assumed to have accepted the latest version each time they connect to the site.

In the event of non-compliance by the USER with the present general terms, NetprestationSARL shall have the option of terminating the service according to the terms defined in Article 10.

ARTICLE 2 - DESCRIPTION OF THE SERVICES

The "Nextsend" website enables the USER to transfer files in any format whatsoever, to one or more recipients, via the website's server. The files transferred are stored on the server, for a limited length of time, enabling recipientes to download them by following the instructions sent to them automatically by email or by one of the following methods: post, SMS, fax.

Unless subscribing to the FTPS option, the size of the files transferred shall be limited to 2 Gb. The USER hereby acknowledges in this respect that the success of the transfer depends on the quality and capacity of their internet connection, as well as their hardware, particularly for large file volumes (one or more gigabytes) for which it is to be recalled that they require using the FTPS protocol beyond 2 Gb.

The details of services offered (file transfer, download monitoring, address book, etc.) is published on the web page accessible at the address "http://us.nextsend.com/fonctionnalites.html".

An explanatory diagram, as well as all the advantages of the solution, as well as questions/answers are also presented on the "Nextsend" website.

The USER hereby acknowledges having read all of these items prior to any registration, subscription, or order, so that the USER hereby declares themself fully informed of the characteristics and constraints of the service offered (notably with regard to the duration of file storage, configuration of the user station, the traffic authorized, or the deduction of downloading credits).

By accepting the present general terms, the USER furthermore hereby acknowledges:

- that they are aware of how the internet network functions, as well as its characteristics and limits ;
- that they are sure that the service(s) are likely to meet their needs;
- that they know and are aware that data transmissions over the internet network cannot be given absolute security;
- that they know and are aware that Netprestation SARL does not control and cannot be responsible for possible network saturation at certain peak times, nor for any malfunctions of these networks;
- that they know the rules of conduct and rules of acceptable behavior on the internet network.

ARTICLE 3 - OPENING AN ACCOUNT - LOGGING IN - EVIDENCE - EXCHANGING INFORMATION

When creating their account, the USER is assigned a login and password (hereinafter the "ID info") enabling them to access their private account.

In the case of the free service, the USER, regardless if they are an individual or professional (legal entity or physical person) shall have a single unique account exclusively reserved for them.

Paid offers give the USER the opportunity to share their account with several other users. The USER or users authorized by the USER can also create new accounts, the number of which is limited or not based on the offer subscribed to.

Each USER shall have their own personal ID info, namely their login and password.

The USER shall be solely responsible for the actions of the other users, as well as the use by them of the service referred to in the present terms.

ID info confidentiality

The ID info is personal and confidential. They can only be changed at the USER's request or at the initiative of Netprestation SARL.

The USER is solely and fully responsible for the use and conservation of their ID info. Consequently, the USER hereby agrees to take all measures to maintain the complete security and confidentiality of the login info and not to disclose it to third parties, in any form or capacity whatsoever.

In the event of the loss or theft of one or more of their login IDs, the USER shall be solely responsible for the harmful consequences that may result, and consequently must use the password change procedure accessible at the address "http://us.nextsend.com/oubli-acces.html" as soon as possible.

Agreement on evidence

The parties hereby expressly agree that:

- the presence of an idenfitication code shall validly identify the author of a document or a message and establish the authenticity of the document or message,

- an electronic document containing an identification code shall be the equivalent of a written document signed by the issuing person,

- the parties may take advantage of printing a hard copy of an email message to prove the content of exchanges when they are on the subject of the execution of the present general terms,

- the data saved by Netprestation SARL when making registrations, orders, or subscriptions shall constitute the evidence of all of the transactions entered into with the USERS.

Exchanging information

The USER shall be solely responsible for the information they send when registering, subscribing, or ordering (surname, first name, company name, contact info, address, SIRET No. etc.) as well as the consequences that may result from any error or imprecision (delay or inability to access the service). In the event of an error or imprecision, all costs incurred by Netprestation SARL, notably for recording the registration, subscription, or order, shall be payable by the USER, unless Netprestation SARL prefers to cancel it.

The USER hereby accepts the use of email for sending the information they request regarding the execution of the contract and, generally speaking, for all exchanges in the context of the present terms.

ARTICLE 4 - PLANS

The service is accessible for free within the limit of the volumes indicated on the site during registration.

Paid offers are provided to internet users allowing them to receive additional services.

Netprestation SARL reserves the right to change the plans and pricing at any time.

ARTICLE 5 - FINANCIAL TERMS

Price for services

Prices are flat rates and depend on the plan chosen. Prices may be viewed on the page accessible at the following address: "http://us.nextsend.com/offres.html". They are understood to exclude taxes and be payable in euros. USERS located outside of metropolitan France are invited to find out about the laws on importation or taxes that may be applicable and shall assume the sole responsibility for their declaration and their payment.

Prices may be changed, notably depending on changes in the network, technology, and legal constraints. Payment terms The price is payable in full upon making the subscription or the order, using one of the following methods:

- online payment by bank card (Visa, MasterCard or other debit cards) it being specifyed that a secure payment system has been set up on the "Nextsend" website;

- payment by sending a cashier's check drafted by a bank located in metropolitan France or Monaco sent to the following address: Netprestation, 9 rue James Watt, 49070 Beaucouzé

As an exception to the preceeding, only card payments are accepted for subscriptions or orders fom USERS located outside the territory of metropolitan France. It is hereby specified that in order to limit the risk of fraud and to protect the interests of its USERS, Netprestation SARL may also be led to reject payment by bank card.

In the event of online payment with a card, the USER shall be obligated to provide the card type, card number, expiration date, and CCV code.

The USER hereby guarantees that they are fully authorized to use said card and that it has access to sufficient funds to cover all the costs resulting from their subscription or order.

When paying by check, a pro forma invoice is sent to the USER via email and the subscription or order is not processed until the check clears.

Once the subscription or order is validated, an invoice is sent to the USER via email and made available online, it being specified that only subscriptions and orders whose payment has been accepted shall be considered firm. Consequently, a subscription or odrer may not be validated until after full payment and acceptance of the payment by the USER's bank.

In the event of a non-payment, Netprestation SARL hereby reserves the right to cancel the subscription or order, with no advance notice or compensation of any sort whatsoever.

ARTICLE 6 - ACCESS TO PAID SERVICES

The paid services offered on the "Nextsend" website shall not be accessible until after full payment of the price.

Once the payment has gone through, the USER, if a consumer, hereby expressly agrees that the execution of the serviec shall begin before the expiration of a period of seven full days as provided for by Article 121-20 of the French Consumer Code to exercise the right of retraction.

ARTICLE 7 - PERSONAL INFORMATION

Netprestation SARL, led to process personal information, has declared the processing of the personal information collected on the "Nextsend" website to the CNIL. The processing of information is registered under No. 1215474.

The collection of personal information does not allow the appearance, directly or indirectly, of ethnic origins, political, philisophical, or religious opinions, or union membership of persons, nor information regarding their health or sex life.

Information about the USER is collected in a loyal and lawful manner for specific, explicit, and legitimate purposes, without being subsequently processed in a way that is incompatible with these purposes, in a form enabling the identification of the persons concerned, for a duration not to exceed the duration required for the purposes for which it is collected and processed.

Personal information may not be the subject of processing operations by a subcontractor or a person acting under the authority of the processing manager or the subcontractor's processing manager except with the instructions of the Netprestation SARL processing manager.

The USER is hereby informed by the present general terms that the personal information noted as mandatory on the forms and collected in the context of the service defined in Article 2 above are necessary to the use of this serviec, used only in the context of this service, and to be used exclusively by Netprestation SARL, who shall take the necessary precautions in order to maintain, insofar as is possible, the security of the information.

The USER furthermore benefits from a right to access and correct this information that they may exercise by sending a message to the following email address: "support@nextsend.com".

Furthermore, third parties may exercise their right of opposition by sending a message for this purpose to the following email address: "support@nextsend.com".

ARTICLE 8 - RESPONSIBILITY - GUARANTEE

Functioning of the network

Because of the characteristics and limits of the internet network that the USER hereby declares to be fully aware of, the USER hereby acknowledges that it is impossible to ensure that the data sent over the internet will be completely secure. Netprestation SARL can only give its assurance that the security resources anounced on the "Nextsend" website will be implemented. Consequently, data transfers remain at the risk and peril of the USER who hereby acknowledges this and agrees.

Given the specificities of the internet network, Netprestation SARL can also not offer any continuity of service guarantee, it being only held in this respect to a best efforts obligation. Netprestation SARL's responsibility therefore cannot be engaged for damages tied to the temporary inability to access one of the services offered by the "Nextsend" website, notably due to a malfunction or saturation of the networks.

Generally speaking, Netprestation SARL cannot have its responsibility engaged in the following cases:

- contamination by viruses of the USER's data, the protection of which is the USER's responsibility,
- malevolent intrusions by third parties despite reasonable security measures implemented on the website's server,
- any misuse of the USER's login info

Site modifications

All the information contained on the "Nextsend" website is subject to change at any time, given the interactivity of the site, without this being able to engage the responsibility of Netprestation SARL.

Responsibility

Netprestation SARL hereby declines all responsibility in the following cases:

- deterioration of the service resulting directly or indirectly from accidents of all sorts: collision, power surge, lightning, flood, fire (...);

- acts of malevolence (hacking) by third parties, identified or not;

- generally speaking, deterioration or malfunctions resulting from a case of force majeure.

Netprestation SARL provides a simple service for the transfer and storage of data, of which it does not know the content, and the USER shall furthermore remain the sole and unique party responsible for said data. Consequently, Netprestation SARL's responsibility cannot be engaged with regard to the data transferred and stored, and the USER hereby agrees to guarantee and hold harmless Netprestation SARL against any claims that may be formulated against it with regard to the content or characteristics of said data.

The USER shall be solely responsible for backing up or not backing up the files and data that they send using the service offered on the "Nextsend" website. Consequently, the USER hereby assumes the sole responsibility for their choices in this capacity.

In the event of a claim regarding a malfunction or accident, the USER shall inform Netprestation SARL of this by email within forty-eight (48) business hours following the date they are made aware of the malfunction or accident. If these time periods are not respected, no claim may be made against Netprestation SARL.

In any case, if Netprestation SARL's responsibility is engaged, it is hereby expressly agred that its obligation to compensate shall be limited to the price excluding taxes paid by the USER in exchange for the service provided.

The USER hereby acknowledges having read the exclusions and limitations of responsibility resulting from the present terms. The user is consequently invited to take out an insurance policy appropriate to their particular situation and at their own expense, if they want to be compensated for any damage or loss that they and/or their clients may suffer beyond the amount listed above.

ARTICLE 9 -THE USER'S OBLIGATIONS

The USER is hereby obligated, when making any registration, subscription, or order, to send all the information, notably administrative information, necessary to identifying them and establishing their qualifications, in order to open an account. The USER hereby agrees to inform Netprestation SARL of any changes regarding this information and shall be solely responsible for any malfunctions that may result from a failure to update it.

The USER hereby agrees not to violate French or international regulations in force in the context of using the service offered on the "Nextsend" website.

In this capacity, the USER hereby agrees notably not to use or send files, data, or information:

- of an unlawful nature or coming from unlawful activities. In this capacity, the USER is hereby prohibited more particularly from using and/or sending files, data, or information justifying crimes against humanity, inciding racial hatred, child pornography, inciting violence, as well as threatening human dignity;
- not respecting the rights of third arties, notably the right to privacy, industrial or intellectual property rights;
- against common decency;
- which does not comply with the provisions of the January 6, 1978 Computers and Freedoms law and/or CNIL recommendations.

ARTICLE 10 - CANCELLING THE SERVICE

Any non-compliance by either party with their obligations listed herein shall be cause for termination for their co-contracting party.

Furthermore termination may occur in the event the USER acts in a way that can harm Netprestation SARL.

The same goes in the event of non-payment when due of all sums owed by the USER to Netprestation SARL.

In this latter case, all unpaid sums shall automatically be surcharged at a rate equal to three (3) times the legal interest rate in effect on the day following the normal due date of the sums owed until their full payment.

The contract between Netrprestation SARL and the USER shall be cancelled at the expiration of a period of three (3) business days after notice sent by email is not responded to.

As an exception to the preceding paragraph, the contract shall be rightfully terminated if Netprestation SARL so decides, with no other formality than sending the USER an email in the event of a substantial breach by the USER of the present contract, and notably in the event of non-compliane with the agreement made in the second and third paragraphs of Article 9.

In the event due to the USER's fault, NetprestationS ARL shall keep all of the sums paid in advance by the USER as set compensation aimed at compensating its failure to earn, without prejudice to all additional damages.

The USER hereby acknowledges furthermore that in the event the contract is terminated for one of the causes listed above, their computer data will be irreparably deleted from the "Nextsend" site's server, which the USER hereby declares to accept.

ARTICLE 11 - INTELLECTUAL PROPERTY

The provision of the Nextsend application shall not in any way involve the transfer of Netprestation SARL's rights to said application or to any of its elements, nor to the associated documentation.

The USER hereby not to infringe, directly or indirectly, or through a third party, upon the rights of Netprestation SARL's rights to the software and services that it offers.

Notably, the USER is prohibited from making any adaptation, modification, transformation, decompiling, functional analysis, or arrangement of the Nextsend application, for any reason whatsoever.

Any total or partial reproduction of the "Nextsend" website, for use other than private use, is strictly prohibited.

The same goes for text, comments, works, illustrations, and images contained on the Nextsend website, pursuant to the provisions of the Intellectual Property Code, as well as the international conventions in force.

ARTICLE 12 - REFERENCES

Throughout the duration of the service subscribed to and its renewals, the USER hereby expressly authorizes Netprestation SARL to place their name and/or brand name accompanied by theirlogo on the pages of the Nextsend website, as well as on sales documents in order to show them on the list of partners who have placed their confidence in the Nextsend service.

ARTICLE 13 - RETRACTATION

Insofar as the execution of the service referred to herein has begun, with the agreement of the USER, before the end of the seven full days referred to in Article L. 121-20 of the Consumer Code, the right of retraction provided for by this article may not be exercised, which the USER hereby acknowledges and accepts if the USER is a consumer, pursuant to Artlicle 121-20-2 of the same Code.

If, on the other hand, the execution of the service referred to herein has not started before the end of the full seven day period referred to in Article L. 121-20 of the Consumer Code, the right of retraction provided for by this article may be exercised by the USER if the USER is a consumer, throughout the duration of this period, which starts from when the subsciption or order is made, by means of an email sent to the following address: "support@nextsend.com". Netprestation SARL then hereby agrees to refund the consumer immediately and at the latest within thirty days following the day on which said email was received.

It is hereby specified that professional USERS cannot in any case benefit from the right of retraction referred to above.

ARTICLE 14 - ARCHIVAL OF THE CONTRACT

The data regarding the contract entered into between the USER and Netprestation SARL shall be kept in the latter's archives.

It shall be accessible at the USER's request sent by email to the following address: "support@nextsend.com".

ARTICLE 15 - CUSTOMER SERVICE

All requests for information and/or complaints can be sent to Netprestation SARL:

- by post to the company headquarters, 9 rue James Watt, 49070 Beaucouzé;

- by email to the following addres: info@nextsend.com ;

- by telephone to 08 26 62 61 06 (Monday through Friday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m.);

- by fax to 09 70 80 10 23.

ARTICLE 16 - APPLICABLE LAW - CONTRACT LANGUAGE

The relations binding Netprestation SARL and its clients shall be subject to French law, to the exclusion of all other legislation.

In the event the present general terms are drafted in multiple languages or translated, only the French version shall bind the parties.

ARTICLE 17 - MISCELLANEOUS

The fact that any one of the present terms is not invoked at a given moment shall not be interpreted as implying the renunciation of their application. If one of the present terms is declared null or in violation of a public order, it shall be considered unwritten and the other stipulations shall remain in force.

ARTICLE 18 - DISAGREEMENTS- DISPUTES

All disputes or difficulties as well as, more generally, any disagreement with the USER regarding the interpretation or execution of the present general terms shall be under the exclusive jurisdiction of the Commercial Court of Angers (49).

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