GENERAL TERMS AND CONDITIONS


This document is a translation of the French General Terms and Conditions to make the understanding easier.

Only the French General Terms and conditions are a legal agreement.

Version in force on Sept. 11th, 2015


1 - Purpose

The purpose of this document is to stipulate the terms and conditions for the provision of the Tipimail Service, described in article 2 herein, by SAS Sarbacane Software [a limited liability company under French law] with its registered office at 3 Avenue Antoine Pinay, Parc des Quatre Vents, Hem (59510), France, and on the Lille Métropole Trade & Companies Register under no. 509 568 598, and to define the rights and obligations of Sarbacane Software and the User (any person using the Service) Sarbacane Software and the User are hereinafter collectively referred to as “the Parties” or individually as “the Party”.

These General Terms and Conditions can be accessed at any time on the website http://www.tipimail.com/ and will prevail over any other version available in a different format.
Special Terms and Conditions might additionally apply to these General Terms and Conditions. Special terms shall be explicitly accepted by Sarbacane Software and the User.They may be displayed on a purchase order or on a separate document. In such case, whenever any contradictions arise between General Terms and Conditions and Special Terms and Conditions, the lattest will prevail over the General Terms and Conditions.

By creating a Tipimail account and subscribing to any offers, the User acknowledges that they are aware and expressly accept these General Terms and Conditions without reservation. General Terms and Conditions apply to any uses of the Service and any offers, whether free or not.


2 - Description of the Tipimail Service

The Tipimail Service allows for the sending of automated e-mails by means of a routing infrastructure hosted by Sarbacane Software, subject to full advance payment in the form of credits, upon User’s request, and pursuant to the following stipulations.

The Tipimail Service is optimized for the automated sending of transactional e-mails.

"Transactional e-mail" here refers to a single e-mail message sent as part of a service following an action taken by the users of said service (e.g., account creation, confirmation of subscription to a service and/or a newsletter, online order summary, or alert regarding use or consumption).

Nevertheless, Sarbacane Software authorizes Users to use the Tipimail service to send bulk e-mails. The latter is defined by any mailing that does not meet the definition of a transactional e-mail as given above, especially direct marketing by e-mail. Direct marketing consists of sending any message intended to directly or indirectly promote the goods, services or the image of a person selling goods or providing services.

To access the service subscribing to any credit offer and any other option with Sarbacane Software, the User must first have access to the Internet network and create a User Account. Any User – that is to say, any legal person – may only have one account.

The User account can be used to administer the account, track statistics on e-mails sent out, to place any order and to access several functions described in the documentation.


3 - Offers : Description, Duration, Termination

The User can evaluate the Service by means of free credits available as described on the Tipimail website and in these Terms and Conditions. Any free offer is limited and may be subject to change or may be removed at any time at the sole discretion of Sarbacane Software. Any free offer from which the User may benefit is automatically terminated the month following the first paid order placed by the User.

The contracts and options will be based on the offer the User chose, under the following conditions:


3.1 - Monthly subscription


3.1.1 - Description


The User may subscribe to a monthly subscription and choose the amount of credits to be allocated on a monthly basis (package) based on the online offers made available at www.tipimail.com.

The monthly subscription is agreed without a fixed term (Permanent contract) with or without a minimal subscription period according to the pricing offer chosen by the User when they place their order. It starts the day Sarbacane Software validates the User’s purchase order.

As soon as Sarbacane Software does so, the User will be allocated the amount of credits (package) each month, based on the package they selected when they made their purchase, provided the payment is made upfront and debited on their debit card, something the User is aware of and accepts.

When an automatic renewal occurs, if the User had a positive amount of remaining credits from previous periods, the amount will be postponed to the new period to the extent that the new amount of credits does not exceed twelve times the amount of the ongoing subscription.

The User may terminate the subscription at any time but agrees to pay the amount due in case the contract is terminated before the end of the minimal subscription period. The request for termination should be made official the day before the expiration/renewal date of the subscription at the latest, beyond which date the termination will be applied to the following renewal cycle with no reimbursement to User, whether partially or entirely.

The monthly subscription contract will be terminated forthwith in the situation where 7 days have passed after the non-payment at due date. (monthly payment)


3.1.2 - Monthly subscription modification


The User can upgrade their package (monthly offer). The change will be in effect automatically when Sarbacane Software validates it, creating an immediate payment as of the first month, based on the offers made available at www.tipimail.com. It will aso modify the date of payment and renewal of the monthly package. This does not cause the latest monthly package paid in advance to be refunded.

In case the User changes package, they agree that Terms and Conditions in effect when the change is made prevail over Terms and Conditions that applied to the previous agreement they subscribed to.

When a User subscribes to a subscription (agreement) with a minimal subscription period, they cannot downgrade to a package with a smaller amount of credits compared to their current package. They can still select a package with a greater amount of credits. By doing so, the User is aware that they will not be able to downgrade to a package with a smaller amount of credits compared to the package they will have subscribed to. Still, the expiration date of the contract will remain that of the first package that was subscribed to.

Switching from a subscription with a minimal subscription period to one without a minimal subscription period is only possible when the minimal subscription period has expired.

The User being under a monthly subscription without a minimal subscription period can always subscribe to a credit pack. By doing so, the monthly subscription will terminate automatically on the day the credit pack is made available. The credits remaining when the automatic termination is in effect will be accumulated to the new pack to the extent that the new amount of credits does not exceed twice the amount of the credits in the ongoing pack.


3.2 - Credit packs


Each pack is valid for a one-year period (365 days) starting on the day the pack is made available to the Users' account.

The purchase is firm and final with no reimbursement to User, whether partially or entirely, including in case the credits are unused during the period of validity.

Non-used credits remaining on the User’s account before the validity period expires will be postponed in case same User subscribes to another credit pack before the pack’s validity period expires. All of the credits, both the postponed ones and the new ones, will be valid until the validity period expires for the latter.

If the User subscribes to a monthly subscription (3.1) with non-used credits valid under a credit pack, they will still be able to use remaining credits from the pack but will not be permitted to accumulate more than twelve times the amount of credits subscribed through the new monthly subscription.

The account will remind User of the expiration date, including through automatic emails sent to the email address (provided by End User).

The client may terminate the subscription (Credit packs) at any time but will not be able to use their credits as soon as the termination request is received by Sarbacane Software.


3.3 - Offer on-demand


This offer enables the User to be invoiced a subscription based on their actual use of credits and is subject to further conditions. The User shall contact the Tipimail’s Sales department for any further information and subscription.


3.4 - Options


Options are agreed without a fixed term and are paid in advance on a monthly basis through a debit on the credit card, something the User accepts. The User will be able to terminate the option at any time, on their account. Any month started will be due in full and shall not be refunded. The termination will be effective as soon as Sarbacane Software receives the termination request.

Terminating contracts as in 3.1 to 3.3 included will cause any option to terminate as well.


4 - Orders


The User warrants that they hold the authority and the necessary capacity to adhere to these General Terms and Conditions and additionally, to Special Terms and Conditions, and to make an order.

The User acknowledges that they have verified that the Tipimail Service is appropriate to their requirements and that they have received all the information and advice from Sarbacane Software needed to subscribe to the Service in full knowledge.

Any subscription of credits and/or options with Sarbacane Software is formalized by means of an online purchase order on the User account or the Tipimail website, or by the preparation of a purchase order issued by our services, that the User undertakes to return with their acceptance at the earliest opportunity. Offers on-demand are subject to Special Terms and Conditions. In that case, purchase orders and Special Terms and Conditions cannot be dissociated with these Terms and Conditions.

Orders are considered final as soon as Sarbacane Software receives the purchase order from the User and provided they accept it and Sarbacane Software confirms the order. Orders cannot be modified nor cancelled after such date. As the User does not hold the legal status of a consumer according to the French Commercial Code, the User does not benefit from the provisions related to the right of withdrawal for any order.


5 - Price and conditions of payment


The price applicable to offers is that in force on the Tipimail website or communicated by the sales department where no price is given on the website on the day the order is placed. Prices are given excluding tax so the applicable rate of VAT must be added.

Our offers are payable outright at the time of the order, excluding Special Terms and Conditions, and/or on a monthly basis upfront and through a credit card, based on the contract subscribed to. Payment is made on order, directly online on the website by the provision of a credit card number (SSL secure mode) or by any other means of payment available on the day of the order. The only payment method accepted and suggested for monthly subscriptions will be credit cards.

If the User is under a freemium monthly subscription, they shall terminate the subscription before the trial period expires. In case this is not done, the subscription will be invoiced based on the online offer and in the provisions in 3.2.

The User accepts that invoices shall be available for download from the User account.

In the event of late payment or any total or partial failure to pay by the User, a flat rate compensation for recovery fees of €40 per invoice shall be automatically applied as well as the automatic application of late payment penalties of 25% per year from the due date of the invoice. No discounts are offered for payment in advance.

To avoid any risk of fraud, there may be a period for validating the payment and the order. This period depends on our electronic payment service partner. Said service provider carries out certain checks and may, where necessary, alert Sarbacane Software about the need to investigate the origin and the tenor of a transaction. Sarbacane Software may have cause to ask the User to provide additional information. The User must then respond at the earliest opportunity. We undertake to confirm or reject an order in a maximum lead-time of 24 hours on working days (from Monday to Friday 9 am to 12:30 pm and 2 pm to 6 pm, excluding French public holidays) subject to being provided the information required. Nevertheless, any failure to adhere to this lead-time shall not give rise to any compensation and may not be held against Sarbacane Software for any demand for damages and interest.


6 - Availability


The delivery of credits is immediate and/or the options activated, the day when the User’s order is validated by Sarbacane Software and/or each month when credits are available in the situation where a monthly subscription is subscribed to.


7 - Value and calculation of credit


One credit allows for the sending of e-mail of less than 1 Mb in size. Beyond this size, sending the e-mail shall require the payment of an additional credit by units of 1 Mb. Users are informed that the calculation of credits used is made when the emails are sent, rather than when they are received.


8 - Support


Sarbacane Software provides the User with a set of technical documents. If required, technical assistance is available to advise and assist Users if any technical or contractual difficulties arise. The User can contact the technical support under the conditions provided for on the Tipimail website. The User has an obligation to collaborate with the helpdesk department.


9 - Obligations and liabilities of the User


The User undertakes to communicate accurate information when they create their User account and make an order. Sarbacane Software may not be held liable for any errors in invoicing, or any late delivery or absence of delivery in the event of any deliberate or unintentional error in the information provided by the User. In the event of any modifications, the User undertakes to inform Sarbacane Software at the earliest opportunity and provide any update.

The User is liable for the payment of all the amounts invoiced under the orders made. The User shall ensure that their banking details are kept valid in order to allow for payment in good time, particularly for payments by bank card. The User may change the bank card used for payments at any time from their account. To this end, they shall receive several reminder e-mails regarding the expiry of their banking information. The User acknowledges and expressly accepts that, in the event of a payment incident during an attempted debit, Sarbacane Software shall make a fresh debit the following day and repeat the same on the next day in the event of failure, up until the fifth day.

The User is liable for complying with their obligations under any orders made as well as these General Terms and Conditions and any Special Terms and Conditions if any.

The User undertakes to comply with the instructions given by Sarbacane Software in its documentation and all the advice and recommendations given by the support service.

The User shall configure its tools such as its online services with the Tipimail mailing servers itself or the API, Tipimail’s property, if available. This shall be done under its sole liability, pursuant to the instructions in the user guide and/or from the support offered to it, where necessary.

Taking into account the means intended to provide the Service, the User confirms that they possess all of the required technical knowledge that is normally expected of an administrator of SMTP protocols, such as the access provided as part of the Service.

The User shall at all times personally attend to and pay for the acquisition, implementation, maintenance and connection of the various items and telecommunications media to configure and access to the Service.

The User bears sole liability for the data they provide for the use of the Tipimail Service (e-mail address, content of the e-mails, etc.), as well as for the email adresses they gather and use, and in particular their validity and compatibility with the Service.

The User bears sole liability for the safeguard and use of the login and password for their User account. Sarbacane Software may not be held liable for the consequences of any revelation, even accidental, of these codes and/or login to a third party. The User has an obligation to prevent any confusion between themselves and Sarbacane Software and shall not let anyone think Sarbacane Software is involved in the content of the message that is sent and the commercialization of the products and/or services displayed by the User. Accounts may not be transferred without express authorization from Sarbacane Software.


9.1 - Compliance with legislation in force


Sarbacane Software formally prohibits the use of the Tipimail Service for the performance of any illegal or illicit activity and for the transmission and storage of illegal content.


-Respect for privacy and personal data

When using Tipimail, the User must comply with the legal and regulatory provisions in force, in particular regarding privacy, the French Data Privacy and Freedom Law [Loi Informatique et Libertés] and the French law for building confidence in the digital economy.

In France, the User may not use the Service to send e-mail for direct marketing purposes, without prior, free and specific consent from the recipient of nominative e-mail addresses.

If the User makes use of personal data of natural persons, they must obtain the authorization of the person in question and allow said person to inform the User of its right to access the personal data concerning them.

Finally, the User undertakes to provide the recipients of its campaigns with an operational means to unsubscribe from future electronic communications.


-Respect for intellectual property rights

The User warrants Sarbacane Software that the illustrations/images and the e-mail databases used for the mailings are not subject to copyright or that the User holds all the rights required or hold all the authorizations required to use them for this purpose.

The User shall hold Sarbacane Software harmless against any legal action regarding the use of the Tipimail Service in particular for proceedings for infringement by any third party or the use of the Tipimail Service that may be prejudicial to a third party or third parties. On these grounds, the User shall cover the legal expenses of defending Sarbacane Software if its liability is incurred. The User shall pay any damages and interest and any expenses that Sarbacane Software may be sentenced to pay by a legal ruling based on any such legal action.


9.2 - Limits of consumption and use


-Limits of consumption of credits

In order to ensure the quality of Service normally expected and to preserve the integrity of the mailing platform, by default, the daily consumption of credits of any new User is restricted according to the following conditions:

The daily sending of transactional e-mails is restricted to 1% of mensual plan:
- of the number of credits delivered per month under the initial conditions of the purchase order, if a monthly delivery is provided for;
- of one twelfth of the number of credits, in other cases.
This ceiling may be reviewed based on a justifying e-mail sent to: limitation[at]tipimail.com.

Sarbacane Software shall decide on reviewing the ceiling at its sole discretion.

The User is informed that this restriction is not applicable to the sending of so-called bulk mailing as defined in article 2. To this end, the User may declare a mailing of this type in advance in order to avoid the restriction being applied. The procedure is described in detail in the online documentation.


-Restrictions on use

The User undertakes to adhere in full and without reservations to the mailing charter: http://www.tipimail.com/antispam.asp.Sarbacane Software does not authorize the sending of "membership" campaigns by means of the Tipimail Service. Here, "membership campaigns" refers to any campaign the purpose of which is to promote a service or a product not sold by the User and to obtain payment for the performance (based on the number of clicks, displays, visits, completed forms, commission on online sales generated, etc.).

Sarbacane Software reserves the right to refuse to send e-mails due to the use of mass marketing databases (such as CD-rooms, DVDs of hundreds of thousands of addresses sold online) in particular when said databases do not adhere to the recommendations of the CNIL [the French National Commission on Informatics and Liberty] regarding electronic marketing.

Sarbacane Software does not authorize the use of the Tipimail Service for the sending of content of a violent, obscene, pornographic, offensive, abusive or discriminatory nature or content intended to promote certain sensitive activities, such as online games, casinos, offers for creating additional income, fortune tellers, weight loss, etc.

As a security measure and in order to confirm the compliance with these General Terms and Conditions of Use, Sarbacane Software shall automatically receive a copy of the e-mail sent by the User on each occasion that an e-mail is sent by its Service. It is specified that the campaigns sent shall therefore be subject to prior moderation before being definitively sent to the recipients. Therefore, if a campaign is refused by the moderating service, it falls upon the User to prepare a new campaign and to take into account the instructions given by the moderators. The User may see the credits for the refused campaign reassigned at the sole discretion of Sarbacane Software.


10 - Obligations - Warranty and liabilities of Sarbacane Software


Under the terms of the Tipimail Service, Sarbacane Software is bound by an obligation of means.

Sarbacane Software grants their users the client interface features through an access to the servers via Internet. This is made possible by a remote server, so that Sarbacane Software can always monitor content transferred by the User through Sarbacane Software’s server with their tools or Sarbacane Software’s. Sarbacane Software ensures the technical maintenance and evolutions of the interface and tools it solely owns.

Sarbacane Software agrees to provide, on demand, e-mails from the User to the e-mail addresses chosen and provided by the User provided the User account has a sufficient number of credits to do so, but does not guarantee the commercial success of any marketing and e-mail campaign, or any opening rate.

As soon as an attempt to send has been carried out, Sarbacane Software may not be held liable for any reason. Sarbacane Software shall not reimburse credits for any failure to deliver that is not its direct responsibility.

Sarbacane Software will implement the means it will consider conceivable to ensure data security against any intrusion.

Sarbacane Software refuses to accept any liability for the nature of data that the User hosts and/or transmits via the Sarbacane Software servers.

Users are informed that an e-mail may not be larger than 5 Mb. The Service is not provided if this is the case. Any e-mail with a size larger than 5 Mb shall be rejected by the mailing platform. The Statistics provided in the User account are provided for information purposes only. A log of mailings is available only over a period of 90 rolling days. Sarbacane Software may in no event be subject to any requests for compensation or reimbursement if errors are found in one or more e-mail addresses during the use of the service.

Sarbacane Software makes every effort, in as much as is possible, to ensure the permanence, the quality and the continuity of the Tipimail Service. Sarbacane Software does not guarantee that the Tipimail Service can meet all performance requirements and that it shall operate continuously without bugs. It is possible that the Service may be temporarily interrupted for maintenance and curative and/or developmental updates. Where possible, the User shall be informed of any interruptions to the Service. In a general manner, Sarbacane Software shall incur no liability:
- In the event that the User fails to comply with these Terms and Conditions, and Special Conditions if any;
- In the event of any damage resulting partially or totally from non-compliant, malicious and/or abnormal use of the Service by the User, including through negligence, error, failing, or non-compliance with the advice and recommendations given;
- In the event of any intangible, indirect, incidental, special or moral damage, including any damage resulting from a loss of profits, loss of opportunity, loss of operations, loss of income or loss of use;
- In the event of any damage not resulting exclusively and directly from a failing by Sarbacane Software, in particular the failing of the Internet network or any malicious act or failing of a third party or the failing of any element beyond the complete control of Sarbacane Software.

In the event that the liability of Sarbacane Software is acknowledged, in no event shall Sarbacane Software’s financial liability exceed the amount of fees the User has paid for the Tipimail Service in the 12 months prior to the action or claim giving rise to the liability. This limitation shall not apply to damage to persons.


11 - Suspension - Termination


11.1 - Suspension


Sarbacane Software reserves the right to suspend access to the Service without prior warning or notice, without the User being granted any right to seek compensation in this regard, in the event of: any error in the information provided by the User, any failure to comply with articles 9.1 and 9.2 herein, any complaint from the recipients of emails; any behavior and/or act by the User that may endanger the security and/or the normal operation of the Service In the event of any failure to pay the price, Sarbacane Software reserves the right to suspend the Service without notice, following prior warning without effect. The User may seek no compensation in this regard. This provision does not exempt the User from the payment of all amounts owed where applicable.

Such provisions do not exempt the User from paying the amounts due.

This does not mean Sarbacane Software renounces to terminate the Service.


11.2 - Suspension


In the event of a failure by one Party or the other to comply with their obligations under the terms of this contract that is not remedied within 8 days either from the sending of an e-mail to the defaulting party notifying the failing in question, or by certified mail with return receipt requested, the Service shall be terminated automatically, without prejudice to any damages and interest that may be claimed from the defaulting party, or to the amounts due for any orders placed by the User.

The Service may however be terminated by Sarbacane Software, without notice, in the event of a failure to comply with articles 9.1 and 9.2 herein, or in the event of any complaints from recipients of e-mails or due to any behavior and/or acts by the customer that may threaten the security and/or the normal operation of the Service and/or the services as a whole or individually.

The fact that Sarbacane Software has not suspended or terminated the Service does not release the User from this responsibility that it may in no event transfer to Sarbacane Software. Any unused credit at the end of or upon the termination shall be definitively lost. No reimbursement shall be made.


12 - Force majeur


Sarbacane Software and the User may not be held liable for any failure or delay in the performance of all or part of their obligations due to any event of force majeure, if said event fulfills the legal conditions and those resulting from jurisprudence required to establish force majeure under French law.

Furthermore, by express agreement between Sarbacane Software and the User, the following may be considered as events of force majeure: events concerning the interruption, breakdown or sabotage of means of communication, fire, flood, exceptional weather, deteriorations, riots, war, general or partial strikes or lock outs.

An event of force majeure suspends the obligations of each of the Parties for the duration thereof. However, if the event of force majeure has a duration greater than thirty (30) consecutive days, this shall offer the possibility for Sarbacane Software or the User to terminate the Service automatically eight (8) days after the sending of a certified letter with return receipt request serving notice of this decision.


13 - Intellectual and industrial property


The User retains the property and all of the intellectual and industrial property rights related to the tools that they connect to the Tipimail servers, as well as all the content made available for the use of the Service by the User. This includes in particular its data base of e-mail addresses, the content of its messages, the name and logo of their company, all the names, logos, names of services and products, designs and models, slogans and copyrights, patents, brands and more generally any intellectual property right.

Sarbacane Software retains the property and all of the rights associated with the technologies that it provides to the User as part of the Service, as well as any content provided by Sarbacane Software by means of the Service. This includes in particular the documentation, the name and logo of Tipimail/Sarbacane Software, all the names, logos, names of services and products, designs and models, slogans and copyrights, patents, brands and more generally any intellectual property right.


14 - Confidentiality and Personal Data


Sarbacane Software collects information regarding the creation of an account for an on-line service, electronic payment (title, company, surname, first name, e-mail address, postal address, telephone number, fax number) and data regarding the use of the Tipimail service by the User. Said data is collected for customer management purposes (order processing, invoice management, etc.), statistics purposes, and the provision of the Service (moderation, processing the sending and tracking of e-mails, etc.).

Sarbacane Software warrants the confidentiality of the information provided by the User and shall refrain from providing the information to any persons other than those that are required to have knowledge of them in order to provide the Service. As such, the data is not provided to any third parties, excluding those who are authorized, participating in the management and the provision of the services. However, in the event of a request by legal or administrative authorities, Sarbacane Software shall be bound to provide the information requested. Sarbacane Software undertakes to use the confidential information solely for the purpose of performing its obligations under the terms contained herein. All of the staff of Sarbacane Software is bound by professional confidentiality.

This confidentiality undertaking does not apply to confidential information that: - has entered into the public domain prior to the date that it was divulged or communicated or which entered into the public domain after it has been communicated and/or divulged where this is not due to Sarbacane Software, - it can be demonstrated was already known by Sarbacane Software prior to its transmission, - was developed independently by Sarbacane Software, - has been received legally from a third party, without breach of contract, - must be divulged due to the law, applicable regulations or a legal ruling.

The data are held in secure infrastructures in compliance with legislation.

Pursuant to the provisions of the French Data Privacy and Freedom Law (Loi Informatique et Libertés) of 6 January 1978 (as amended by the law of 6 August 2004 regarding the protection of natural persons with regard to the processing of personal data), the user has a right to access, rectify or legitimately object to nominative data collected with regard to them. These rights can be exercised by sending an e-mail to: vieprivee[at]tipimail.com.


15 - Modification of the price, the services and the General Terms and Conditions


Sarbacane Software reserves the right to modify the Service, the terms of these General Terms and Conditions, in particular according to developments in techniques and/or legislation. All the modifications made shall be presented on the Tipimail website and brought to the Users' attention by this means.

In case the Service changes in a significant way, the User shall have the option to terminate the Service at no cost by certified mail with return receipt requested, within thirty days from the entry into force of the modifications. Beyond this, the User shall be deemed to have accepted the modifications. The aforementioned provision will apply when these Terms and Conditions are modified in any way.

Sarbacane Software may also modify the prices at any time. When any price change apply to any current subscription, the User shall be informed one month in advance of the entry into force of the new prices on the Tipimail website. The User shall have one month from being given notice of the change in which to terminate the Service at no cost by certified mail with return receipt requested. Beyond this, the User shall be deemed to have accepted the modifications. However, Sarbacane Software reserves the right to apply, without notice, any new regulatory, administrative or fiscal tax or any increase in said taxes without this granting the User a right to terminate the contract.


16 - Divisibility


In the event that any clause of these General Terms and Conditions and/or Special Terms and Conditions if any, is declared invalid or unenforceable, said clause shall be separated, and the remaining parts of the General Terms and Conditions /Special Terms and Conditions shall remain in force with full effect.


17 - Tolerance


It is formally agreed that any tolerance or waiving by one of the Parties of the application of all or part of the undertakings provided for herein, shall not equate to a modification to the Terms and Conditions or Special Terms and Conditions if any, or give rise to any right of any kind.


18 - Applicable law and jurisdiction


Any contractual relationships between Sarbacane Software and the User are subject to French law.

If no out-of-court settlement can be found, any disputes shall fall under the exclusive jurisdiction of the Commercial Court of Lille Métropole (France), even in the event of incidental claims, warranty claims or multiple defendants.

For any inquiries in relation to this Agreement, please email us at: serviceclient[at]tipimail.com