Last update : 01/2018
As used herein, the term « you » and « your » shall mean the user of this Site, and the term « DJXL S.à.r.l. », « we » and « our » shall mean AWTOL-SERVICES, Rue du commerce à L-3895 FOETZ, Luxembourg.
PLEASE READ THESE « TERMS AND CONDITIONS OF USE » BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE
Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.
RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS AND CONDITIONS
AWTOL-SERVICES reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.
COPYRIGHT AND USE OF SITE CONTENT
Subject to your full compliance with these terms, AWTOL-SERVICES authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
RESPONSES TO ONLINE REQUESTS
From time to time, AWTOL-SERVICES may offer to provide information or materials via e-mail or otherwise to interested persons. AWTOL-SERVICES reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
The Site may contain links to sites on the Internet that are owned and operated by third parties (the « External Sites »). You acknowledge that AWTOL-SERVICES is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
ACCESS TO AND AVAILABILITY OF THE SITE
The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
RESTRICTION, SUSPENSION OR TERMINATION
AWTOL-SERVICES reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
AWTOL-SERVICES may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
DISCLAIMER OF WARRANTIES
The site and the content are distributed on an « as is, as available » basis. Neither AWTOL-SERVICES, third party content providers nor their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the site, any content nor any products or services sold or distributed through the site. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content is assumed solely by you. Neither AWTOL-SERVICES nor any provider of third party content or their respective agents warrants that the site will be uninterrupted or error-free; nor does AWTOL-SERVICES, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the site or the content. Not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor. » limitation of liability.
Under no circumstances shall AWTOL-SERVICES nor any third party content provider nor their respective associates, predecessors, successors, parents, subsidiaries, affiliates, past or present officers, directors, shareholders, investors, employees, agents, representatives attorneys, licensors or information providers be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site, even if such party has been advised of the possibility of such damages.
You hereby agree to indemnify, defend and hold AWTOL-SERVICES, and all of its associates, predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the « AWTOL-SERVICES Representatives ») harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by AWTOL-SERVICES or any AWTOL-SERVICES Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. AWTOL-SERVICES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with AWTOL-SERVICES’s defense of such claim.
CHOICE OF LAW
The Terms and Conditions shall be construed in accordance with the laws of Luxemburg, without regard to conflict of laws principles.
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
NO AMENDMENT OR WAIVER
The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of AWTOL-SERVICES.
INFORMATION THAT WE COLLECT, AND HOW WE USE IT
AWTOL-SERVICES collects information from our users when they create their account for this Site, when they request copies of publications, seek additional information regarding our services or employment opportunities, or register for conferences and other AWTOL-SERVICES-sponsored events. Some of AWTOL-SERVICES’s registration, enrollment, account setup and other forms may ask users to give us contact information, unique personal identifiers, financial information, subject areas of interest and/or demographic information. We may use this data to tailor the visitor’s experience at our Site or, if applicable, to assess candidacy and qualifications for employment with AWTOL-SERVICES. We sometimes aggregate demographic information, and the types of systems and browsers of users for internal purposes, so that we may better understand the user population of our Site, identify subject areas of interest, and determine whether the Site is designed to work with the computer settings of a majority of our visitors. AWTOL-SERVICES also may conduct user surveys on the Web, which usually are intended to provide AWTOL-SERVICES with information on a number of areas, such as user identity, user viewing habits, whether or not users found what they were searching for, whether the Site content is relevant to user needs, and the like. AWTOL-SERVICES uses the information gathered from such surveys to improve our web content, navigation, and overall visitor experience.
Any personal information that you provide, such as your name, address, e-mail address, phone number, subject areas of interest, etc., allows AWTOL-SERVICES to get in touch with you and to inform you about updates to the service and to notify you about other products and services offered by AWTOL-SERVICES that may be of interest to you. We will not sell, share, or rent or otherwise make available any of that information to other parties, except that we may disclose the information to third parties who perform services on our behalf and have a need to access the information in connection with those services. In addition, AWTOL-SERVICES may disclose contact information for you in response to inquiries by bona-fide rights owners in connection with allegations of infringement of copyright or other proprietary rights arising from information that you have posted on the Site or otherwise provided to AWTOL-SERVICES. Individuals that subscribe to e-mail newsletters are given the opportunity to opt-out of promotions, news, and information at the time of sign up. AWTOL-SERVICES also provides users the opportunity to opt-out of receiving communications from us at the points where we request information. You may also feel free to contact us as indicated below.
We may collect the e-mail addresses at the point of subscription, of users who wish to be contacted by AWTOL-SERVICES and receive e-mail notification of publications and press releases in identified subject areas of interest, and of those who send us e-mail messages or express interest regarding our services or employment opportunities, or register for conferences and other AWTOL-SERVICES-sponsored events. We will not, however, share any e-mail addresses with any third party or send unsolicited e-mail to any of the addresses we collect, except in very limited circumstances as set forth in this policy.
INTERNATIONAL TRANSFER OF INFORMATION
Because AWTOL-SERVICES is a global organization, information collected on this Site or through other means may be transferred from time to time among the AWTOL-SERVICES offices or personnel, or to third parties located throughout the world, including offices located outside the European Economic Area, and this Site may be viewed and hosted anywhere in the world, including countries that may not have laws regulating the use and transfer of personally-identifiable data. AWTOL-SERVICES complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries. AWTOL-SERVICES has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view AWTOL-SERVICES’s certification, please visit http://www.export.gov/safeharbor/. By using the Site, submitting information through the Site, or submitting information to AWTOL-SERVICES through other means, you voluntarily consent to such international transfer and hosting of such information.
AWTOL-SERVICES has in place technological and operational security processes designed to protect personally identifiable information from loss, misuse, alteration or destruction. Only authorized employees and contractors will have access to any data provided by you, and that access is limited by need. Each employee or contractor having access to any personally-identifiable information is obligated to maintain its confidentiality. Although we take steps that are generally accepted as industry standard to protect your personally-identifiable information, AWTOL-SERVICES cannot guarantee that your personally-identifiable information will not become accessible to unauthorized persons.
LINKS TO OTHER WEB SITES
AWTOL-SERVICES is not responsible for the privacy practices or the content of any non-AWTOL-SERVICES web sites to which we link from this Site.
COMPLIANCE WITH LAW
AWTOL-SERVICES complies with all applicable privacy laws and regulations. AWTOL-SERVICES may be compelled to surrender personal user or customer information to legal authorities without express user consent if presented with a court subpoena or similar legal or administrative order, or as required or permitted by the laws, rules and regulations of any nation, state or other applicable jurisdiction. Also, in the event of a violation of the terms and conditions of use of this Site or a violation of any restrictions on use of materials provided in or through this Site, we may disclose personal user information to our affected business partners or legal authorities.
CHANGE AND/OR DELETE INFORMATION
You may access, correct, update, and/or delete as the case may be, any personally-identifiable information that you submit to AWTOL-SERVICES through this Site or through other means. To do so, please either follow instructions on the page of the Site on which you have provided such information or subscribed or registered. As provided for under the amended Luxembourg Data Protection Act of 2 August 2002, you are entitled to access and correct your personal data and to object to its processing. To exercise these rights, please send an email to the following address: email@example.com
AWTOL-SERVICES understands the importance of protecting children’s privacy, particularly in their online interactions. This website is not designed for and does not intentionally target or solicit to children 18 years of age and younger.
USE OF AWTOL-SERVICES WEB SITES
Your access to and use of the Site are subject to certain terms and conditions, which are summarized in our Terms and Conditions of Use.
The AWTOL-SERVICES site (http://www.awtol-services.com) is hosted by OVH France.
For more informations about OVH: https://www.ovh.com/fr/support/documents_legaux/
For the purposes of these terms, the term « Customer » is understood as any legal person concluding a contract of which the object is the sale of computer equipment, including software, (« the Product » or « Products”) or the sale of services (the « Service » or « Services »), with DJXL S.à.rl., called hereafter “AWTOL-SERVICES”, whose registered office is: Rue du commerce – L-3895 FOETZ, Luxembourg, Cy. Reg. Nr. B221033 and VAT Nr. LU 30020811.
Article 2: Enforceability
Unless written waiver signed by the Customer and AWTOL-SERVICES, these general conditions govern all sales between AWTOL-SERVICES and its Customers, as from September 21st 2015, and supersedes any proposal or prior agreement. A waiver of any provision of these terms does not invalidate the remaining provisions thereof, which remain fully applicable. The Customer declares to have read and accepted these terms and conditions.
Article 3: Prices
AWTOL-SERVICES prices are only provided to the Customer for indication purposes. Only the price of the Products and Services mentioned in a written offer and personally addressed to the Customer, engage AWTOL-SERVICES.
The AWTOL-SERVICES price list of Products and services can only be used with the prior written authorisation from AWTOL-SERVICES. This list remains the exclusive property of AWTOL-SERVICES.
Article 4: Orders
Except written exemption from AWTOL-SERVICES, orders are not final until an order confirmation has been procured by AWTOL-SERVICES to the Customer. No order accepted by AWTOL-SERVICES can be cancelled by the Customer without the prior written consent from AWTOL-SERVICES.
Article 5: Delivery of Products and provision of Services
The delivery lead-time for Products or provision of Services are only indicative. Any delay in delivery, whatever the cause, does not entitle the Customer to claim a compensation whatsoever or payment of a compensation, nor to cancel the order or to terminate the contract.
Article 6: Control of Products Conformity – Risk Transfer
6.1 Lack of conformity that existed at the time of delivery and that the Customer could have reasonably noticed, are considered to have been immediately accepted in case the Customer was present during delivery. If the Customer was absent during delivery, or if the Products are to be unpacked and installed by the Customer himself, he must notify its possible remarks to AWTOL-SERVICES per registered letter within 8 working days from delivery onwards. In case of lack of conformity of a product, AWTOL-SERVICES will proceed with replacement of the defective product as soon as possible.
6.2 The risks are passed on to the Customer, even in case of free port or free house shipping, upon handover to the shipper, trucker or person picking up the Products, as they always travel at the Customer’s risk. This also applies in case of partial delivery.
Article 7: Obligations of AWTOL-SERVICES
When the sale is the provision of a service, AWTOL-SERVICES engages only an obligation of means towards the Customer.
Any sale of a maintenance service by AWTOL-SERVICES to the Customer, will be subject to contracting a maintenance agreement (the « Maintenance Agreement ») between the Customer and AWTOL-SERVICES. In the event that any provision of these terms contradict with any of the provisions of the Maintenance Agreement, the provisions of the Maintenance Contract will supersede.
Article 8: Obligations of the Customer
The Customer agrees to have backup copies of all the systems on which AWTOL-SERVICES must intervene, so will he also possess installed and updated antivirus programs. Products subject to a license, remain the exclusive property of their authors. The Customer is solely responsible for the use of these Products and the compliance with license obligations relating thereto. In no event AWTOL-SERVICES can be held responsible for any license rights violation by the Customer.
Article 9: Payment & Property rights
9.1 Unless otherwise agreed by AWTOL-SERVICES in writing, all invoices are payable in their entirety, without discount on receipt of the Products or Services. AWTOL-SERVICES is entitled to request a 40% down payment of the total amount that is to be invoiced, upon reception of the Customer’s order. Any invoice not paid when due, shall rightfully be increased with a 12% interest per annum and with a fixed one-time indemnity which equals 15% of the amount due with a minimum of € 150,00 (one hundred and fifty euro). Drafts or receipts issued by AWTOL-SERVICES bring neither novation nor derogation to Article 9.1.
9.2 Products sold remain the exclusive property of AWTOL-SERVICES until full payment of the sale price is performed by the Client. In case of non-payment at maturity, AWTOL-SERVICES reserves the right, without prior notice, to take back the Products that would have been delivered. By extension, AWTOL-SERVICES will continue to enjoy that same property reserve if the Customer has processed the delivered Products, and/or transferred and/or sold to a third party. In the latter case, the debt on the price of resale is automatically transferred to AWTOL-SERVICES.
Article 10: Product Guarantee – Services Guarantee
10.1 The guarantee of the product, its components and labour is that given by the manufacturer of the product, excluding any costs borne by the Client. By this clause AWTOL-SERVICES limits the Customer’s rights toward AWTOL-SERVICES, to the transfer of AWTOL-SERVICES’ claim rights toward the manufacturer of the Products. In no event AWTOL-SERVICES can be held liable for a guarantee that exceeds in terms of duration or scope, the guarantee from the product manufacturer. In any case, the guarantee does not cover damage resulting from inappropriate use, normal wear and tear, faulty or negligent treatment, or from adding additional parts during the guarantee period would the latter not have been done by AWTOL-SERVICES.
10.2 AWTOL-SERVICES guarantees its software installation and interventions for a period of 14 calendar days, as of the effective date of the installation service’ delivery or the intervention by AWTOL-SERVICES.
Article 11: Responsibility
11.1 In any event, and whatever the cause of the injury suffered, AWTOL-SERVICES responsibility will be limited to the amount of the present contract.
11.2 AWTOL-SERVICES’ responsibility will be excluded in the following cases
– non-performance of obligations by third parties to whom tasks are assigned under this contract;
– « hacking » of the network, or any internal or external piracy the network;
– In the event of any direct or indirect damage such as operating loss, loss of functionality or data incurred by the Customer or a third party.
11.3 During the term of this contract, as well as an end, for whatever reason or cause, AWTOL-SERVICES cannot be held liable toward the Client for any inconvenience, damage or cost which the Customer would suffer due to any request of any of its employees, or a third party. The Customer will preserve AWTOL-SERVICES from any claim by one of its employees, or a third party, regardless whether it is legitimate or not.
Article 12: Force majeure
In case of force majeure, CORTES reserves the right to suspend performance of its obligations, and any order, or terminate it by chance that the event is a temporary or permanent obstacle. Are considered as force majeure for AWTOL-SERVICES, lack all or part of the staff, strikes, fire, flood, unable to hold workshops or places of sale, shortages or non-delivery by suppliers of the product or its components needed, the inability to transport the Products, the lockout AWTOL-SERVICES both in the company and in those specific suppliers of the latter, or disorder, riots, accidents, machinery breakdown, lack of transport or equipment, epidemics, or other causes beyond the control of AWTOL-SERVICES. This list is not exhaustive.
Article 13: Termination
CORTES is entitled to terminate, in whole or in part, the contract or pending orders with the Client with immediate effect and without compensation or demand in the following cases:
– Breach whatsoever of the Customer in performance of its obligations towards AWTOL-SERVICES;
– Bankruptcy, suspension of payments, the filing of a request concordat or postponement or suspension of payments or other similar situation in the head of the Customer;
– The total or partial separation, immobilization, voluntary or compulsory liquidation or any situation of insolvency of the Customer’s business;
– The existence of any seizure effected on the assets, rights and claims of the Customer or in case of bill of exchange protested;
In case of breach by the Customer of any of the obligations imposed upon it by these terms and conditions, all the fees and expenses, of lawyers and technical advisers, incurred by AWTOL-SERVICES, and caused directly or indirectly by such failure will be borne entirely by the Client.
The fees and expenses, of lawyers and technical advisers incurred by the Customer in connection with the execution of this Agreement shall in no case give rise to compensation of AWTOL-SERVICES.
Article 14: Jurisdiction – Governing Law
Only the courts of the judicial district of Luxembourg, have jurisdiction to rule on any dispute over any interpretation or execution of these general conditions.
The Luxembourg law is applicable to these General Terms and Conditions between AWTOL-SERVICES and the Client. If, under a legal provision of public policy or mandatory law, any provision of these terms was void or unenforceable to the Customer, that provision shall be deemed unwritten, all other provisions will remain in force nonetheless.
The possible invalidity of one provision of the Agreement does not affect the validity of the remaining provisions notwithstanding the invalidity of the disputed clause. The parties will strive to mutual agreement to replace the invalid provision by a valid clause having the same or similar economic impact to that of the invalid provision. The lack of implementation of a right or not applying a sanction by AWTOL-SERVICES not constitute any abandonment of a right.