Published by Kresus Technologies SAS. These Terms and Conditions govern access to and use of the Kresus Application.
The terms below starting with a capital letter in these Terms and Conditions ("T&Cs") will have the following definition, whether used in the singular or plural:
Application: designates the tool in SaaS mode allowing the creation of Early Payment Offers between the User and the Supplier with the aim of obtaining agreements on the discount terms and early payment dates in order to settle the Invoice(s) concerned before the due date(s) initially planned in return for a reduction thereon.
Client or User: the Kresus client who wishes to offer Early Payment Offers to its Suppliers.
Invoice: designates the B2B invoice issued by a Supplier corresponding to the marketing of goods and/or services to the Customer and incorporating all the mandatory information and legal notices.
Supplier: means a supplier of goods and/or services to the Customer.
Kresus: designates the entity owning the Application, the company Kresus Technologies SAS with capital of €12,532.50, registered in the Lyon Trade and Companies Register under number 882 884 554, whose head office is located at 20 boulevard Eugène Deruelle, 69432 Lyon Cedex 03.
Takeover bid or Early Payment Offer: designates Early Payment offers concerning Invoices.
Early Payment: means an Invoice payment which occurs between the date of issue of the Invoice and at least one day before its scheduled due date. Early Payment entitles you to a reduction on the amount of the Invoice.
Provider: points to Kresus.
Service: the service offered by Kresus allowing the User, via the Application, to propose takeover bids.
The use of the Service by any User is subject to these T&Cs and our Privacy Policy. The conditions for subscribing to a Subscription are defined in the General Conditions of Sale (together forming the "Contract"). The User undertakes to read the terms of the T&Cs and to ensure their understanding before any use of the Service. Any User who disagrees with all or part of the T&Cs is required not to use the Service. Use of the Application entails tacit recognition of the T&Cs.
Any natural person who accepts the T&Cs in the name and on behalf of a legal entity acknowledges having the power to act in the name of the latter and to bind it hereunder. The T&Cs apply exclusively to "professionals" within the meaning of Directive No. 2011/83 of October 25, 2011.
Given the innovative nature of the Service covered by these Conditions, the Service Provider reserves the right to modify these Conditions at any time. Any modification of the T&Cs will be communicated to the User before its entry into force, by e-mail or directly on the Application. Use of the Application following the modifications results in tacit recognition of the proposed modifications.
Use of the Service is subject to the creation of a user account. The Application offers a range of subscriptions and roles, some available free of charge, others requiring payment.
Once registration is completed, the Service Provider will provide the User with access to the Application, via an active "User account".
4.2.1 Termination by the User. The use of a free or paid subscription is governed by a fixed-term contract and can be terminated at any time, taking effect at the end of the processing of the last accepted takeover bid.
4.2.2 Termination by the Service Provider. The Service Provider reserves the right to block an account or terminate a subscription without notice, in the event that a User fails to fulfill its obligations, or if there are indications that third parties have unauthorized access to the Application.
In the event of termination, the User will be deprived of access to the functionalities of the Application, and will only benefit from the so-called "free" functionalities associated with the role of Guest User.
The User's account is protected by a username and password, which are defined by the User during registration.
Use of the Service and the range of features offered to Users is based on the Plan or type of subscription activated.
The Service Provider offers the implementation of an e-mail notification system to inform the User about the status of the documents submitted.
Each User is solely responsible for the use they make of the Application, but also for the use made of it from their account.
The information and data provided by the User for the operation of the Application must be provided completely and truthfully.
The User is required to verify the accuracy, completeness and validity of the information, data and content provided on the Application.
The User must check the validity date and the updating of the information entered and documents submitted.
The User undertakes to immediately inform the Service Provider of any disruption in the use of the Application.
By using the Application, each User acknowledges having full knowledge of their obligations with regard to applicable legislation.
The User is responsible for configuring their computer equipment and security settings.
In order to protect their account, the User is required to keep their Application identifiers secret and protect them against unauthorized access by third parties.
Access to the Application is possible 24 hours a day, 7 days a week. The Service Provider is committed to a minimum availability rate of 95% (excluding planned maintenance) from Monday to Friday from 8:30 a.m. to 6:00 p.m., excluding public holidays.
The Service Provider is authorized to modify the Application to carry out technical developments in order to improve the overall functioning.
Any rights not expressly granted to the User herein remain the property of the Service Provider. Use of the Service does not confer any intellectual property rights over the content of the Application.
The User grants the Service Provider a non-exclusive, temporally and locally unlimited right of use on the Early Payment Offers created.
The User acknowledges that they are able to use the Services without any restriction and guarantees that the use of the content posted does not violate the rights of any third party.
The Service Provider authorizes the User to use the "Kresus" brand on its own website and in its own commercial documents.
As part of the execution of the Services, the Service Provider is only bound by a general obligation of means. The Service Provider is only liable for damage resulting from a violation of an essential contractual obligation.
In the event of violation of a cardinal obligation, liability is always limited to compensation for damage foreseeable and typical at the time of conclusion of the contract, except in cases of willful misconduct or gross negligence.
The data and content submitted by the Users of the Application are exclusively created by them. Depositing Users are solely responsible for ensuring that the data and content sent are complete, accurate and valid.
The User's rights come into force following the subscription of a free subscription, then from the activation of their user account. The use of a free subscription is subject to tacit renewal.
The User's rights come into force following the subscription of a paid subscription. The specific conditions depend on the offer chosen and are governed by the General Conditions of Sale.
Our Privacy Policy explains how we process your personal data and protect your privacy when using the Service.
The Parties undertake to process the data recorded for the purposes of the Service offered by the Application. The obligation of confidentiality continues to apply for a period of five (5) years after the end of the legal relationship between the Parties.
In its objective of promoting interoperability with related solutions, Kresus Technologies SAS has entered into partnerships with third-party companies allowing the sharing of certain User data.
The Contract, and your relationship with the Service Provider, are governed by the laws of France.
All communications pursuant to these T&Cs are made in a format allowing traceability of receipt by the other party.
Under the law, consumers have certain rights that cannot be excluded or modified by a contract.
The nullity or obsolescence of a specific provision of the T&Cs cannot call into question the validity of the other provisions.
The Service Provider may assign all or part of this contract to an affiliated company or to a third party, as part of a transfer of the company Kresus Technologies SAS.
Non-compliance by the User with a provision hereof without immediate reaction from the Service Provider cannot be interpreted as a waiver of the latter's rights.
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