Terms and conditions of sale
and use of the service

1. Preamble General Terms and Conditions

Kestio (hereinafter the the "Provider") offers several subscription formulas for remote coaching sessions, mainly for business leaders and entrepreneurs. and entrepreneurs.

These general terms and conditions apply to the various works, services (hereinafter referred to as "the services") rendered under the accepted by the Service Provider. Any subscription made on the site implies recognition of your legal capacity to contract and your express your express and unreserved acceptance of these terms and conditions of sale. of sale.

After having thoroughly studied the service offer presented by the Service Provider, the customer (hereinafter the (hereinafter the "Contractor") expressly acknowledges the suitability of to the offer in force at the date of said subscription.

The Contractor declares that it has all the information and advice required to make the choices to make the choices in question.

The present general prevail over any general or special terms and conditions of purchase conditions of purchase used by the Contractor.

 

2-DEFINITIONS

" GTS ": refers to these General Terms and Conditions of Service.

" Subscription "means the subscription to the service by the Contractor according to one or more of the offers chosen at the time of subscription to the service;

" Contractor "or "Customer" : refers to the legal entity or individual subscribing to the services and acting exclusively in a professional capacity;

" User " or " participant ": natural person registered on the Kestio Live application.

" Service Contract "the contractual whole formed by the documents listed in the article Documents ;

" Double positive click "services" or "services": refers to all the services, work and services provided by the Service Provider under the contract;

" Website "means the website accessible at kestio

" Platform "or " Application ": Web application accessible atkestio

 

3-PURPOSE

The purpose of these general terms and conditions is to define the terms and conditions governing orders for services available online. These terms and conditions apply to all orders placed with KESTIO by its customers, both in France and abroad.

Placing an order implies the customer's full and unreserved acceptance of these GTC, and the customer is responsible for their observance by all employees.

In this respect, the Customer acknowledges that, prior to signing the service contract, quotation or training agreement, he has received sufficient information and advice from KESTIO, enabling him to ensure that the services offered are suited to his needs.

 

4-GOOD FAITH

The parties expressly declare and agree that they have negotiated in good faith, having exchanged all information necessary and useful to the expression of their respective consent.

 

5-DOCUMENTS

The contractual documents are, in descending order of priority:

• Subscription service contract or training quote or agreement ;
• The present Terms and Conditions ;
• The site's general terms and conditions of use, if any.

In the event of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher rank shall prevail for obligations in conflict of interpretation. In the event of contradiction between the terms of documents of the same order, the latest documents will prevail over the others.

Notwithstanding the rules for interpreting contracts set out in the French Civil Code, ranking criteria will be applied in accordance with the following principles:

• Bond by bond ;
• Or, failing that, paragraph by paragraph ;
• Or, failing that, item by item.

Documents exchanged between the parties during the pre-contractual phase, such as e-mails, advertisements or faxes, do not form part of the contract unless they are expressly referred to in the subscription offer accepted by the Service Provider.

 

6- ACCESS TO THE APPLICATION AND ITS SERVICES

The Customer must ensure beforehand, and throughout the use of the service, that his technical environment is permanently compatible with the Kestio Live application, which is the property of KESTIO. KESTIO is at the Customer's disposal to carry out the necessary technical tests.

After the pre-test, the customer will not be able to claim incompatibility or lack of access to the application and visio sessions.

The Customer and his employees must have a valid professional e-mail address and a computer with the minimum specifications specified in the appendix "Technical requirements for Kestio Live application".

 

6.1 Access to the application and its functions

The employee registered by the Customer, as part of his subscription, or for a training course (hereinafter referred to as "the user") accesses the workspace/training area via remote access to the application.

Once registered, users receive an invitation to their professional e-mail address to activate their account and access the application and associated services (sessions, discussion forums, chat, manuals, blended learnind, videos, replays, project challenges, content manuals, tools, etc.).

 

7-METHODS OF USE OF THE APPLICATION AND ITS SERVICES

 

7.1 Right of personal use

User login details are personal and confidential, and may under no circumstances be transferred and/or shared with another person, whether or not an employee of the Customer, nor may they be resold. It is strictly forbidden for the Customer to make any copy of the content made available, except for the sole purpose of backup. The Customer shall respect and undertake to ensure respect for the copyrights recognized by the French Intellectual Property Code.

In the event of accidental disclosure of the user's identifiers by the user, the Customer or the user concerned undertakes to inform KESTIO without delay. Failing this, the Customer will be liable for any fraudulent or abusive use of the identifiers.

In the event of transfer or sharing of identifiers, KESTIO reserves the right to suspend access to the application, without compensation or notice.

 

7.2 Service duration and warranty

 

7.2.1 Training courses

Access to the ordered training is valid for the duration specified at the time of the order, and is available twenty-four (24) hours a day, seven (7) days a week.

 

7.2.2 Subscriptions

Access to the application is valid for up to 2 months following termination of the subscription by the customer or KESTIO, and is available twenty-four (24) hours a day, seven (7) days a week.

 

7.2.3 Other products and services on offer

Access to the application is valid for up to 2 months following the end of the service, and is available twenty-four (24) hours a day, seven (7) days a week.

 

7.2.4 In all cases

There is no limit to the duration of each connection, except in the event of breakdowns or technical specifications of the Internet network.

The Customer undertakes to inform KESTIO within twenty-four (24) hours of any technical malfunction.

 

7.3 Technical malfunctions

KESTIO undertakes to remedy any technical malfunction within forty-eight (48) working hours. After this period, KESTIO will, in the case of training courses, extend the duration of access for a period corresponding to that of the unavailability.

Nevertheless, KESTIO cannot be held responsible for any difficulties in connection in the event of a breakdown in Internet access or a breakdown in the connection due to force majeure, power cuts or interruptions linked to service providers, hosts and access suppliers.

 

7.4 Maintenance

KESTIO reserves the right to carry out any maintenance operation on the application and will endeavour to give the Customer at least forty-eight (48) hours' notice, to limit the time the service is interrupted to the strict minimum, and to extend, in the case of training courses, access to the module for a period corresponding to that of the service interruption.

The Customer undertakes not to claim any compensation in this respect and furthermore declares that he accepts both the characteristics and the limits of the service provided by UNOW.

 

8-PRICES & PAYMENT TERMS

 

8.1 Prices

Prices are quoted and payable in euros. In the case of an annual subscription, the monthly subscription price may be increased at any time. The Service Provider will inform the Contractor by letter three (3) months prior to the increase, specifying the new price, the date of application and the cancellation procedure in the event of disagreement. Payments shall be made by the Contractor monthly, quarterly, half-yearly or annually in arrears.

Unless otherwise specified in the contractual documents, in the case of face-to-face sessions, travel, accommodation and catering expenses for the expert(s) and/or trainer(s), as well as any room rental, documentation and rental of standard equipment (video projector, metaplan, etc.) are invoiced in addition.

 

8.1.1 Training paid for by the customer

The training fee will be invoiced and due in full, irrespective of whether or not participants are logged in/present during the session.

 

8.1.2 Training paid for in full or in part by a collecting body (OPCO, etc...)

The collecting bodies condition the financial coverage of training courses on compliance with the following rules:

• Any change in the list of participants must be communicated by the customer to his collecting body and to KESTIO before the start of the first training session.
• Each participant must be present for each synchronous session and for the entire duration of the session, until the end of the training program.
• Each participant must complete all the blended learning modules before the first session and between each session.

In the event of non-compliance with all or part of these rules, KESTIO will not be able to invoice the customer's collecting body for absences from sessions or for hours of blended learning not completed by participants. The amount not covered by the customer's collecting body will be invoiced directly by KESTIO to the customer.

For more information, particularly concerning resignations or absences...KESTIO provides its customers with a dedicated page: https://www.kestio.com/prise-en-charge-opco/

 

8.2 Terms of payment

 

8.2.1 Payment terms

 Payment is made by the Contractor immediately after signing the Service Agreement or quotation, or via the e-commerce link provided, for all products (including subscriptions), unless otherwise specified in the Service Agreement or quotation. Payment is made in advance, by credit card or SEPA direct debit on RIB/IBAN.

 

8.2.2 Liability

The Contractor is solely responsible for the actual payment of the purchased service. The Service Provider is not responsible for payment problems related to the operation of the e-commerce service. For all its transactions, KESTIO uses the services of STRIPE & GOCARDLESS, which are among the market leaders in payment services. To increase payment security, you will be asked for a control number when you make an online purchase. The 3-digit control number appears on the back of your credit card.

 

8.2.3 Annual subscription service contracts (such as Focus/Performance/Kommunity/Prospection... Non-exhaustive list)

• Payable monthly: the contracting party accepts monthly payments until the annual due date of the subscription service contract, and, by tacit renewal, until each new due date. That is twelve (12) monthly invoicing instalments per year of the subscription service contract.
• Payable quarterly: The contracting party accepts quarterly direct debit until the annual due date of its subscription service contract, and, by tacit renewal, until each new due date. i.e. four (4) quarterly invoicing instalments per subscription service contract year.
• Payable semi-annually: The contracting party agrees to a semi-annual direct debit until the annual due date of its subscription service contract, and, by tacit renewal, until each new due date. That is, two (2) half-yearly invoicing instalments per year of the subscription service contract.
• Payable annually: The contract accepts an annual direct debit of its subscription service contract, and, by tacit renewal, until each new annual due date. That is, one (1) annual billing due date per year of subscription service contract A.

 

8.2.4 Training paid for by a collecting body (OPCO...)

When the amount of the training estimate is less than three thousand (3,000) euros excluding tax, subrogation of payment by a competence operator or collection body is not authorized.

In the event of payment by a skills provider or collection body, it is the customer's responsibility to apply to the relevant collection body or skills provider before the start of the training course. KESTIO must be notified of the funding agreement at the time of registration. In the event of partial reimbursement by the competence operator or collecting body, the difference will be invoiced by KESTIO to the customer. If KESTIO does not receive the agreement to cover the costs before the start of the course, the full cost of the course will be invoiced to the customer on the first day of the course. In the event of non-payment by the customer's collecting body or skills provider, for whatever reason, the invoice becomes payable by the customer.

 

8.2.5 Other products and services offered by KESTIO

Payable in a single instalment, in compliance with article 8.2.1 Payment termsUnless otherwise specified in the service contract or quotation approved by the contractor.

 

8.3 Disputed invoices

Any dispute relating to an invoice must, under penalty of forfeiture, reach the Service Provider within ten (10) days of notification of the invoice. After this period, the invoice shall be deemed irrevocably accepted by the Contractor.

 

8.4 Default of payment

In the event of non-payment by the Contractor of all or part of an invoice issued by the Service Provider, the Service Provider may, at its discretion, apply the following penalties to the Contractor by way of default interest, without prejudice to its right to claim compensation for its loss arising from such late payment.

In the event of non-payment, and in application of article L.441-6 of the French Commercial Code, interest will be charged for late payment, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points.

It is proposed to use the ECB rate plus the current rate assessments.

Pursuant to article D.441-5 of the French Commercial Code :

• "The amount of the fixed indemnity for collection costs provided for in the twelfth paragraph of I of article L.441-6 is set at 40 euros.

Late payment penalties are payable without the need for a reminder. The Contractor is solely responsible for the actual payment of the purchased service. The Service Provider is not responsible for payment problems related to the operation of the e-commerce service. For all its transactions, KESTIO uses the services of STRIPE & GOCARDLESS, which are among the market leaders in payment services. To increase payment security, you will be asked for a control number when you make an online purchase. The 3-digit control number appears on the back of your credit card.

 

9-CONTRACT DURATION AND TERMINATION

 

9.1 Annual subscription service contracts (such as Kommunity/Focus/Performance/Prospection... Non-exhaustive list)

 

9.1.1 Contract start

The contract is valid from the date of payment of the first invoice (excluding diagnosis and work plan).

 

9.1.2 Contract duration

The service contract is concluded for a minimum period of twelve (12) months from the date specified in article 9.1.1 Start of contract.

It will then be tacitly renewed for successive periods of twelve (12) months, unless terminated by the contractor under the conditions set out in Article 17 - TERMINATION.

 

9.1.3 Early termination

If the customer terminates the annual service contract before the end of the minimum twelve (12)-month period, except in the case of force majeure as listed in article 28-FORCE MAJEURE, the customer remains liable for the remaining instalments due until the end of the commitment.

In the event of a refusal or rejection of a direct debit, without a prior written request from the customer, all instalments remaining due over the 12-month period from the contract start date referred to inarticle 9.1.1 Contract start or renewal will be invoiced in one instalment.

 

10-REPORTS AND CANCELLATIONS

 

10.1 Case of annual subscription service contracts (such as Kommunity/Focus/Performance/Prospection/Commercial framework... Non-exhaustive list)

Once the Contractor has chosen the subscription that corresponds to its support needs, the Contractor and the Service Provider get together to organize the support sessions and meetings.

In this respect, the Contractor has the option of requesting a postponement of the session subject to giving forty-eight (48) hours' notice by e-mail to the Service Provider.

In the event of late cancellation of the session by the Contractor, without respecting the aforementioned notice period, it will be invoiced in full and deducted from his subscription.

The Provider reserves the right to cancel a session if the conditions set out in article 28 - FORCE MAJEURE are met.

All sessions purchased must be used within the current annual period, i.e.: from payment of the first invoice for the service contract or the first invoice for annual renewal, to the end of the twelfth month of each period. Unused sessions cannot be carried forward beyond the end of the current annual period.

 

10.2 Training courses

The customer may postpone or cancel participation in a training course up to one (1) month before the course start date, on request to KESTIO. After this date, the course is considered definitively acquired and invoiced.

If the number of participants in a training course is deemed insufficient for pedagogical reasons, KESTIO also reserves the right to cancel the course no later than seven (7) days before the scheduled date. In this case, the registration fees already paid will be refunded in full or, at the customer's discretion, a credit note will be issued.

KESTIO reserves the right to postpone the course, modify the content of the program or the trainers, while maintaining the initial quality of the training, if circumstances beyond its control oblige it to do so.

 

10.3 Other products and services offered by KESTIO

The Customer may request a postponement of the session subject to forty-eight (48) hours' notice, sent by post on the Kestio application, or by e-mail to the expert concerned.

In the event of late cancellation of the session by the Customer, without respecting the aforementioned notice period, it will be invoiced in full and deducted from the contract.

The Provider reserves the right to cancel a session if the conditions set out in article 28 - FORCE MAJEURE are met.

 

11-OPPOSABILITY OF GENERAL TERMS AND CONDITIONS

The Service Provider reserves the right to adapt or modify these terms and conditions at any time. They will then apply to orders placed after their publication online.

The present contract and its general terms and conditions are accepted by the Contractor when he/she accepts the subscription online.

The mere transmission of these general terms and conditions in paper format constitutes acceptance by the Contractor.

In any event, the version of the general conditions of sale enforceable against the Contractor is the one accepted by the latter at the time of order validation.

 

12-COLLABORATION

The parties agree to cooperate closely within the framework of their relationship. The Contractor undertakes to maintain an active and regular collaboration by providing the Service Provider with all the elements it has requested.

 

13-OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider's commitments constitute an obligation of means under which the Services will be performed in strict compliance with the professional rules in use. To this end, the Service Provider will assign professionals with the skills required to perform the Services in accordance with its quality standards.

 

14-OBLIGATIONS OF THE CONTRACTOR

In order to facilitate the proper performance of the Services, the Contractor undertakes :

• To provide the Service Provider with information and documents in a timely manner, without the Service Provider being obliged to verify their completeness or accuracy;
• To notify the Service Provider directly of any difficulties that may arise in the performance of the Services;
• To use the kestio.live platform exclusively for all support (sessions, piloting, documentation, manuals, project follow-up, exchanges, etc.).

In any event, to take all measures to ensure that the support services are provided under the best possible conditions. The Service Provider shall not be held liable for any lack of attendance, negligence or default on the part of the Contractor.

 

15-CONFORMITY

In the case of written deliverables, the conformity of the services provided by the Service Provider is automatically pronounced in the absence of a reservation notified by the Contractor within two (2) days of the service concerned. All other services are provided as is.

 

16-LIMIT OF WARRANTY

KESTIO makes every effort to ensure permanent access to the application, as well as the accuracy and updating of the information available, but is only bound by an obligation of means towards the customer. The Service Provider supplies the products and services "as is" and consequently does not guarantee the Contractor against any operating faults or anomalies.

 

17-RESOLUTION

At the end of your contract, you can cancel your Kestio subscription at any time by giving us at least two (2) months' notice before the annual renewal due date. To do so, simply send a registered letter with acknowledgement of receipt to: Kestio - Service Client - 57 place de la République - 69002 LYON and an e-mail tokestio and your request will be processed. The balance of the current subscription is invoiced and payable under the conditions set out in article 8-PRICE & PAYMENT TERMS and following. To the fullest extent permitted by applicable law, in the event of proven default by the Contractor, payments are non-refundable and we will not grant any refund or credit for periods of partial use, or for any unused sessions. In the event of repeated failure by the Contractor to comply with these terms and conditions, the Service Provider reserves the right to terminate the Contractor's subscription, without compensation or refund, eight (8) days after sending the Contractor an unsuccessful e-mail or registered letter with acknowledgement of receipt requesting compliance with these terms and conditions, without prejudice to any action under common law which may be available to the Service Provider. The Service Provider may also terminate the Contractor's subscription in the event of a breach by the Contractor of its obligations, in particular and without this list being limitative, in the event of :

• Non-payment ;
• Non-compliance with these terms and conditions ;
• Non-compliance with safety measures and instructions ;
• Requests to carry out irregular operations.

 

18-LIMITS OF LIABILITY

The entire liability of the Service Provider and its employees in respect of any breach, negligence or fault in the performance of the Services shall, by mutual agreement, be capped at the amount of the fees paid for the Services in question, in order to cover claims of all kinds (including interest and costs), irrespective of the number of actions, grounds invoked or parties to the disputes. This stipulation shall not apply to liability for death or personal injury, nor to any other liability which the law prohibits from being excluded or limited.

Furthermore, the Service Provider cannot be held liable in the following cases:

• As a result of a failure or deficiency in a product or service for which neither it nor any of its subcontractors is responsible for supply or delivery,
• For facts and/or data that do not fall within the scope of the Services and/or are not an extension thereof,
• If the results of the Services are used for a purpose or in a context other than that for which they were provided, if the recommendations are implemented incorrectly or if the Service Provider's reservations are not taken into account.

The Service Provider and its insurers shall not be liable for any indirect damage, loss of profit, loss of opportunity or expected profit, or for the financial consequences of any actions brought by third parties against the Contractor. The present clause shall remain applicable in the event of nullity, resolution or termination of the present contract.

 

19-SUPPLIER PERSONNEL

The Service Provider guarantees that the situation of its personnel is in compliance with Articles L. 1221-10 et seq. and L. 3243-1 et seq. of the French Labor Code. The Service Provider further certifies that it complies with the provisions of Articles L. 8221-1 and L. 8221-2 of the French Labor Code, concerning the fight against undeclared work, and with the provisions of Book III Title IV of the French Labor Code.

During the term of the services and for a period of one year after its completion, the Contractor undertakes not to solicit or attempt to poach (or assist any other person to solicit or attempt to poach) any employee of the Service Provider with whom he has had contact in connection with the performance of the services. In the event of breach, the Contractor shall owe the Service Provider, by way of penalty clause, compensation equal to one year's last gross salary of the person thus poached.

 

20-INSURANCE

The Service Provider certifies that it has taken out an insurance policy with a reputable and solvent insurance company established in France to cover all the financial consequences of its professional, tortious and/or contractual civil liability for bodily injury, property damage and/or consequential loss caused to the Contractor and any third party in the performance of this contract.

 

21-PROPERTY

The Service Provider retains ownership of its methods, know-how and intellectual property rights to the deliverables and services and the Contractor guarantees to do everything in its power to ensure the protection of the Service Provider's property internally and in connection with its company.

 

22-INTELLECTUAL PROPERTY

The elements belonging to the Service Provider, such as trademarks, designs, models, images, texts, photos, logos, graphic charters, software, search engines, databases, without this list being exhaustive, are its exclusive property or that of partners or third parties who have granted it a license, and are protected in particular by intellectual property rights which are or will be recognized according to the laws in force. The present terms and conditions do not imply any transfer of intellectual property rights of any kind on all or part of the elements belonging to the Service Provider or to its partners and third parties who have granted it a license. Any reproduction or representation, in whole or in part, of any of these elements without the express authorization of the Service Provider is prohibited and constitutes an infringement punishable by articles L. 335-2 et seq. of the French Intellectual Property Code. The Service Provider grants the Contractor only a non-exclusive, personal, non-transferable right of use for professional purposes in accordance with the provisions of these general terms and conditions. Accordingly, the Contractor shall refrain from any action likely to directly or indirectly infringe the Provider's property rights. In particular, the Contractor agrees to comply with any end-user license agreement applicable to the products and services ordered. The Contractor also agrees not to erase, remove or conceal in any manner whatsoever the proprietary marks of the Service Provider or its licensors on the product, or to display such proprietary marks, labels or brands conspicuously on copies of the product.

 

23-PERSONAL DATA

With regard to personal data for which the Contractor is responsible, and in particular those to which the Service Provider may have access in the course of providing services, the Contractor is required to take all necessary precautions, in view of the nature of the data and the risks presented by the processing, to protect the security of the data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.

In the event that the services entrusted by the Contractor to the Service Provider involve the processing of personal data on behalf of the Contractor, it is the Contractor's responsibility to ensure that the security and confidentiality measures offered by the Service Provider are commensurate with the level of precaution that the Contractor must take with regard to its obligation to secure the personal data for which it is responsible, and that the guarantees presented by the Service Provider for this purpose are sufficient.

In this context, the Service Provider may only act on instructions from the Contractor and undertakes, unless otherwise instructed by the latter, to :

• Not to process or consult the data or files contained therein for any purpose other than the performance of the services it provides hereunder;
• Do not insert foreign data in files;
• Not to consult or process any data other than that concerned by the services, even if access to such data is technically possible;
• Not to divulge, in any form whatsoever, all or part of the data concerned.

The parties agree to define the notion of instruction as being acquired when the Service Provider acts within the framework of the execution of the present contract.

 

24-EXCLUSIVITY

The conclusion of the subscription does not have the effect of granting the Contractor any exclusivity. Consequently, the Service Provider remains free to provide identical services to other natural or legal persons, including those engaged in activities similar to those of the Contractor.

 

25-CONFIDENTIALITY

Each of the parties undertakes to treat as strictly confidential all information communicated to it by the other party within the framework of the present subscription.

Neither party will disclose such information to any third party other than those to whom such disclosure is necessary for the performance of the obligations under this subscription.

The parties remain bound by this obligation of confidentiality for the duration of the contract and for five (5) years following the termination of the contract, for whatever reason.

The Contractor authorizes the Service Provider to quote the Contractor's name for reference purposes and to accompany such quotation, where applicable, with a generic description of the services provided.

 

26-ACCESSIBILITY - SUBCONTRACTING

The Service Provider reserves the right to transfer all or part of the performance of services to service providers meeting the same qualification requirements.

If the Service requires special technical skills, the Service Provider will inform the Contractor of the possibility of subcontracting part of the Service. In this case, the Contractor accepts that the Service Provider may disclose the information necessary for the execution of the present Agreement to said subcontractors. The subcontractor will then act under the sole responsibility of the Service Provider and will undertake to keep confidential all information of which it becomes aware during the performance of the services.

The contract may not be transferred in whole or in part, whether in return for payment or free of charge, by the Contractor without the prior written consent of the Service Provider.

The Service Provider is free to use any content transmitted by the Contractor for the purposes of its services.

 

27-CLAIMS

All claims, whether amicable or legal, relating to the performance of the services must be made within one year of completion of the service.

 

28-MAJOR FORCE

Initially, cases of force majeure will suspend performance of the contract. In the event of force majeure lasting more than two months, the present contract will be automatically terminated, unless the parties agree otherwise. The following events are expressly considered to be cases of force majeure or fortuitous events, as generally accepted by the jurisprudence of French courts and tribunals:

• war, riot, fire, internal or external strikes, lock-out, occupation of the Service Provider's premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes to forms of marketing, accidents of any kind, illness affecting more than 10% of the Service Provider's staff within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, company receivership, liquidation of the company by the competent courts and any other event beyond the express control of the parties preventing normal performance of this agreement.

 

29-IMPREVISION

In the event of circumstances unforeseeable at the date of signature of the present contract and outside the normal forecasts of the parties, having the effect of modifying to such an extent as to render prejudicial, for one of the parties, the performance of its obligations, the parties expressly acknowledge that they exclude any application of the provisions of article 1195 of the French Civil Code and hereby agree to bear the consequences of the occurrence of such circumstances, without prejudice to the provisions of the article relating to force majeure.

 

30-INDEPENDENCE

Under no circumstances shall the performance of the services create a relationship of agency or partnership between the Contractor and the Service Provider. Neither party is authorized to bind the other.

 

31-TITLES

In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the clauses and any of the clauses, the headings will be declared non-existent.

 

32-NULLITY

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

 

33-INTEGRALITY

The present general terms and conditions, together with the documents in article 5-DOCUMENTS, express the entirety of the obligations of the parties.

 

34-WAIVER

The fact that the Service Provider does not avail itself of a breach by the Contractor of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

 

35-DIVISIBILITY

Should any of the stipulations herein be null and void under a current legislative or regulatory provision and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other articles, which will remain fully applicable. In this case, the Parties will come together to agree on a new stipulation to replace the one declared null and void, it being understood that the new stipulation must respect as far as possible the spirit and economic impact on the Parties of the stipulation replaced.

 

36-DOMICILIATION

For the performance of the present agreement, and unless otherwise stipulated, the parties agree to address all correspondence to their respective registered offices. Any change of address must be notified to the other party by registered letter with acknowledgement of receipt.

 

37-CONVENTION ON PROOF

Information which is required by law, or in application of professional rules and practices or the state of the art, with a view to the conclusion of the present contract, may be transmitted between the parties by electronic mail. The same applies to correspondence sent in connection with the performance of the present contract. Each of the parties expressly accepts the use of this means in application of article 1126 of the French Civil Code.

 

38-LANGUE

The general terms and conditions, special terms and conditions and engagement letter are in French. If these general terms and conditions are translated into a foreign language, the French language shall prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or execution of these terms and conditions and more generally concerning the existing relationship between the Service Provider and the Contractor.

 

39-APPLICABLE LAW

These general terms and conditions, as well as the special terms and conditions and the contract concluded between the Service Provider and the Contractor, are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.

 

40-JURISDICTION

Disputes arising from the application of this contract will be submitted, failing amicable agreement, to the Commercial Court of Lyon (69).

This clause is legally independent of the present contract. It shall continue to apply notwithstanding any nullity, resolution, termination or annulment of the present contractual relationship.

---

System requirements for video sessions on the Kestio platform: Windows, macOS, Linux

Minimum hardware requirements

• Dual Core 2 - 4Ghz processor or higher
• 4 GB RAM or more
• Built-in speakers or powered by USB or Bluetooth wireless technology
• Built-in microphone or powered by USB or wireless Bluetooth
• Built-in or USB-powered webcam

Note Single-core or dual-core laptops have a limited frame rate for screen sharing (around 5 frames per second). For optimum screen-sharing performance on laptops, we recommend at least a quad-core processor.

Supported operating systems

• Mac OS X with MacOS 10.9 or later
• Windows 10*
• Windows 8 or 8.1
• Windows 7
• Ubuntu 12.04 or later

*Note Devices running Windows 10 must be equipped with Windows 10 Home, Professional or Enterprise. Mode S is not supported.

Tablets and mobile devices supported

• Surface PRO 2 or later, running Windows 8.1 or later

Notes Tablet PCs running Windows 10 must be equipped with Windows 10 Home, Professional or Enterprise. Mode S is not supported.

Supported browsers

• Windows: Edge Chromium or Chrome 80 and higher or Brave or Opera
• macOS : Edge Chromium or Chrome 80 and higher or Brave or Opera
• Linux: Edge Chromium or Chrome 80 and higher or Brave or Opera

Bandwidth requirements

• Downstream: Internet connection of at least 700 Kbps per participant
• Amount: 600 Kbps Internet connection per participant

Note Depending on your configuration, a QOS strategy may be required to guarantee the quality and efficiency of your videoconferencing sessions.

UploadCare

We use UploadCare to upload and make available documents and files.

The browser must be authorized to access these URLs:

• https://upload.uploadcare.com
• https://uploadcare.s3-accelerate.amazonaws.com
• https://social.uploadcare.com

Network configuration

We recommend whitelisting kestio.live and *.kestio.live in the SSL inspection of the web security gateway.

UDP protocol: Port 10000

TCP protocol: Ports 80, 443

Domain: turn1.meetkestio.live

IPs :

3.106.23.128/27 3.123.12.160/27 3.219.176.32/27 3.9.41.96/27 13.248.132.124 13.248.142.92 18.139.118.128/27 18.229.100.64/27 34.223.80.128/27 76.223.3.109 76.223.9.91 129.146.204.128/27 129.146.205.0/27 129.146.205.96/27 129.146.206.64/27

129.146.219.44 129.146.227.2 130.61.162.0/24 130.61.64.185 140.238.148.121 140.238.148.27 140.238.95.196 152.67.128.56 152.67.14.48 152.67.144.0/24 152.67.21.0/24 152.67.30.22 155.248.191.0/24 158.101.192.6 158.101.224.215

158.101.40.0/25 168.138.110.244 168.138.110.59 168.138.111.128/25 168.138.216.49 168.138.223.155 168.138.229.53 168.138.236.29 168.138.245.0/25 193.122.11.14 193.122.167.175 193.122.177.113 193.122.184.0/24 193.122.64.56 193.123.38.193

JAAS 8X8 visio safety notes

With over 160 patents and over 120 pending patents, 15 data centers across the globe and the highest levels of security and compliance, 8×8 is a leader in cloud communications. 8×8 maintains various industry-leading security and compliance certifications based on the understanding that protection of customer data is critical to any organization's survival.

 

Cloud Security Alliance (CSA) - Star Compliant

8×8 has achieved international Cloud Security Star Alliance (CSA) requirements through the CSA Cloud Security Alliance Cloud Controls Matrix (CCM). This is generally understood to be one of the most complete and detailed Cloud Software as a Service (SaaS) security and regulatory compliance questionnaires used to evidence compliance with major audit frameworks available today, including HIPAA, FISMA/FedRAMP/NIST, various ISO regulations including 27001/27002, COBIT5, CSA Star, Jericho Forum and NERC CIP.

 

FISMA/NIST 800-53 Third Party Verified Compliance

In order for 8×8 to be accepted and granted an authority to operate with various sensitive strategic entities and defense contractors in the United States and in other countries, we were certified as fully FISMA/NIST 800-53 compliant. FISMA/NIST 800-53 compliance includes 2,500 areas in which compliance must be maintained. This is commonly understood to be a superset of FedRAMP, SOC Types I and II and other major compliance standards and regulations. Our FISMA/NIST 800-53 validations do not expire.

 

Secure Data Centers

We contract with highly secure, top-tier data centers that maintain at least SSAE 16/18, SOC Type I and Type II, ISAE 3402, ISO 27001:2013 or equivalent compliances.

 

Vulnerability Management and Application Security

8×8 practices secure coding with Veracode SAST and other tools as part of our secure software development life cycle (S-SDLC) DevSecOps process. Our various IT groups rotate their Qualys, Tenable Nessus Pro and Veracode DAST and SAST scans throughout our systems on a continuous basis. We have a team of internal pen testers and we bring in one of the major global pen testing firms to ethically hack our systems regularly.

 

HIPAA/HITECH

8×8 works with a leading advisor on HIPAA data privacy and security practices. After extensive audits of our back-end systems and the software solutions, 8×8 secured a legal attestation of HIPAA compliance. In addition, 8×8 has a Business Associate Agreement (BAA) that it enters into with customers that require a BAA.

 

UK Government Authority to Operate, ISO 27001, ISO 9001, Cyber Essentials Plus

In the UK, 8×8 UK has an "Authority to Operate" from the government to work with its agencies. 8×8 UK is also listed in the UK government's G-Cloud as a compliant Cloud SaaS vendor. These require several other compliances including ISO 27001:2013, ISO 9001:2015, and Cyber Essentials Plus.

 

Privacy Shield

We maintain US/EU and Swiss Privacy Shield Compliance. We are also GDPR-ready to help ensure customer compliance with UK, EU and EEA privacy law.

 

8×8's Industry-Leading Security and Compliance

Features	Description
Enterprise grade security	Trusted by some of the largest enterprises globally
High industry SLA	End-to-end high SLA with financial commitment
GDPR requirements for data processors	Meets all of the GDPR requirements for data processors
HIPAA1	8×8 has received third-party validation of its HIPAA compliance and offers business associate agreements protecting our customers from any legal risk of HIPAA data exposure from their 8×8 implementation.
ISO 270011	ISO/IEC 27001 is an internationally recognized best practice framework for an information security management system, and 8×8 is certified. It helps companies identify the threats to important data and put in place the appropriate controls to reduce the risk.
UK government ATO1	Have an "Authority to Operate" (ATO) from the government to work with its agencies, one of the UK's highest levels of security and compliance certifications
FISMA/NIST 800-531	Certified as fully FISMA/NIST 800-53 compliant, which includes 2,500 areas 8×8 must maintain compliance. Enables doing business with sensitive entities in the US government
Privacy Shield	Use 8×8 to do business internationally, with the confidence that your communications meet the rigorous Privacy Shield data protection requirements
Cyber Essentials1	A primary objective of the UK Government's National Cyber Security Strategy is to make the UK a safer place to conduct business online. 8×8 is compliant with the Cyber Essentials standards
FIPS 140-2 Encryption	FIPS 140-2 encryption is available as an option for 8×8 customers
Cloud Security Alliance (CSA) Star Alliance Compliance	Achieved by 8×8, the CSA Cloud Controls Matrix (CCM) is generally understood to be one of the most complete and detailed Cloud Software as a Service (SaaS) security and regulatory compliance questionnaire evidence required by major audit frameworks.
CPNI	8×8 is compliant with FCC requirements for protecting Consumer Proprietary Network Information