General Terms and Conditions of Sale
and Use of the Service

1. Preamble General Conditions

KESTIO (hereinafter the "Provider") offers several subscription packages for remote support and coaching sessions primarily for business leaders and entrepreneurs.

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

After thoroughly studying the service offer presented by the Service Provider, the client (hereinafter the "Contracting Party") expressly acknowledges the suitability of its needs to the offer in effect on the date of said subscription.

The Client declares that they have all the necessary information and advice to make the choices in question.

These general terms and conditions prevail over all general terms and conditions or special terms and conditions of purchase used by the Customer.

 

2- DEFINITIONS

” GTC”: Refers to the present General Terms and Conditions of Service

” Subscription ”: refers to 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 “Client”: refers to the legal entity or individual subscribed to the services and acting exclusively in a professional capacity;

” User” or “participant”: Physical person registered on the KESTIO Live application

” Service Agreement”: the contractual whole formed by the documents listed in the Documents article;

” Positive double click”: the click is the electronic formulation of acceptance; by the first click, the Contractor validates their order and by the second click, the Contractor confirms this agreement; « services »: refers to all the services, work and services carried out by the Service Provider within the framework of the contract;

” Website ” : website accessible at the URL https://kestio.com/

“Platform ” or ” Application”: Web application accessible at the URL https://kestio.live/

 

3- SUBJECT

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

Placing an order implies the Client's full and unreserved acceptance of these Terms and Conditions, with the Client ensuring their respect by all its employees.

The Client acknowledges that, prior to signing their service contract, quote, or training agreement, they have received sufficient information and advice from KESTIO to ensure the suitability of the service offering to their needs.

 

4-GOOD FAITH

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

 

5-DOCUMENTS

The contractual documents are, in descending order of priority:

• The subscription service contract or the quote or the training agreement;
• These General Terms and Conditions of Sale;
• The general terms and conditions of use of the site, if they exist.

In the event of a conflict between documents of different natures or ranks, the parties expressly agree that the provisions contained in the document of higher rank shall prevail for the obligations under conflicting interpretations. In the event of a conflict between the terms of documents of the same rank, the most recent documents shall prevail over the others.

Notwithstanding the rules of interpretation of contracts defined in the Civil Code, ranking criteria will be applied according to the following principles:

• Obligation by obligation;
• Or, failing that, paragraph by paragraph;
• Or, failing that, article by article.

Documents exchanged in the pre-contractual phase between the parties, such as emails, advertisements or faxes, are not part of the contractual framework unless expressly mentioned in the subscription offer accepted by the Service Provider.

 

6-ACCESS TO THE APPLICATION AND ITS SERVICES

The Client must ensure in advance, and throughout the use of the service, the permanent compatibility of their technical environment with the Kestio Live application, owned by KESTIO. KESTIO is available to the Client to perform the necessary technical tests.

After the preliminary test, the user cannot claim incompatibility or lack of access to the application and video conferencing sessions.

The Client, as well as their employees, must have a valid professional email address and a computer with the minimum specifications detailed in the appendix “Technical Prerequisites for the KESTIO Live application”.

 

6.1 Access to the application and its features

The employee registered by the Client, as part of their subscription, or for a training course (hereinafter “the user”) accesses the workspace/training via remote access on the application.

Once registered, the user receives an invitation to their professional email address to activate their account, in order to access the application and associated services (sessions, discussion spaces, chat, manuals, blended learning, videos, replays, project challenges, content manuals, tools...).

 

7-TERMS OF USE OF THE APPLICATION AND ITS SERVICES

 

7.1 Right of personal use

The user's login details are personal and confidential and may not under any circumstances be transferred and/or shared with another employee or non-employee of the Client or resold. The Client is strictly prohibited from making any copies of the content made available to it, except exclusively for backup purposes. The Client shall respect and ensure respect for the copyrights recognized by the Intellectual Property Code.

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

In the event of assignment or detected sharing of credentials, KESTIO reserves the right to suspend access to the application, without compensation or prior notice.

 

7.2 Duration and guarantee of service

 

7.2.1 Training courses

Access to the ordered training is valid for the duration specified at the time of 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 offered

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 limitation regarding the duration of each connection, except for possible breakdowns or technical specificities of the internet network.

The Client agrees to inform KESTIO of any technical malfunctions within twenty-four (24) hours.

 

7.3 Technical malfunction

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

Nevertheless, KESTIO cannot be held responsible for connection difficulties in the event of interruption of internet access or interruption of the connection, in particular due to force majeure, power cuts, interruptions linked to service providers, hosts and access providers.

 

7.4 Maintenance

KESTIO reserves the right to perform maintenance on the application and will endeavor to notify the Client at least forty-eight (48) hours in advance, to limit the service interruption time to the strict minimum, and to extend, in the case of training courses, access to the module for a duration corresponding to that of the service interruption.

The Client agrees not to claim any compensation in this regard and also declares to accept both the characteristics and the limitations of the service provided by UNOW.

 

8-PRICES & PAYMENT TERMS

 

8.1 Prices

Prices are indicated and payable in euros. In the case of an annual subscription, the price of the monthly subscription may be increased at any time. The Service Provider will inform the Customer by mail specifying the new price, its date of application and the terms of cancellation in case of disagreement, three (3) months before the implementation of the increase. Payments must be made by the Customer monthly, quarterly, semi-annually or annually at the term to expire.

Unless otherwise stated on the contractual documents, in the case of on-site intervention, the travel, accommodation, and catering costs of the expert(s) and/or trainer(s), as well as any room rental, documentation, and standard equipment rental costs (video projector, flip chart, etc.) are invoiced separately.

 

8.1.1 Training courses paid for by the client

The training fee will be invoiced and due in full, regardless of whether the participants are connected/present in the session.

 

8.1.2 Training courses fully or partially funded by a collection agency (OPCO, etc.)

Funding bodies set conditions for financial support of training based on compliance with the following rules:

• Any change in the list of participants must be communicated by the client to their collecting organization and to KESTIO before the start of the first training session.
• Each participant must be present at each synchronous session and for the entire duration of the session, until the end of the training program.
• Each participant must complete all blended learning activities 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 client's collecting organization for absences from sessions, or blended learning hours not completed by participants. The amount not covered by the client's collecting organization will be invoiced directly to the client by KESTIO.

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

 

8.2 Payment terms

 

8.2.1 Payment deadline

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

 

8.2.2 Responsibility

The Client is solely responsible for the actual payment of the service purchased. The Service Provider is not responsible for payment issues 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, the security code is required during your online purchases. The security code, consisting of 3 digits, is located on the back of your credit card.

 

8.2.3 Annual subscription service agreements (such as Focus/Performance/Kommunity/Prospection, etc. This list is not exhaustive)

• Payable monthly: the contracting party accepts a monthly payment until the annual due date of their subscription service contract, and, by tacit renewal, until each new due date. This represents twelve (12) monthly billing due dates per year of the subscription service contract.
• Payable quarterly: The contracting party accepts a quarterly payment until the annual due date of their subscription service contract, and, by tacit renewal, until each new due date. This represents four (4) quarterly billing due dates per year of the subscription service contract.
• Payable semi-annually: The contracting party accepts a semi-annual payment until the annual due date of their subscription service contract, and, by tacit renewal, until each new due date. This represents two (2) semi-annual billing due dates per year of the subscription service contract.
• Payable annually: The contract accepts an annual payment for its subscription service contract, and, by tacit renewal, until each new annual due date. This represents one (1) annual billing due date per year of the subscription service contract.

 

8.2.4 Training courses funded by a collection agency (OPCO, etc.)

When the amount of the training quote is less than three thousand (3,000) euros excluding tax, support for payment subrogation by a skills operator or collection agency is not authorized.

In the event of payment by a skills operator or collecting organization, it is the client's responsibility to apply for coverage from the relevant collecting organization or skills operator before the start of the training. The funding agreement must be communicated to KESTIO at the time of registration. In the event of partial coverage by the skills operator or collecting organization, the difference will be invoiced to the client by KESTIO. If the coverage agreement does not reach KESTIO before the start of the training, the full training costs will be invoiced to the client on the first day of training. In the event of non-payment by the client's collecting organization or skills operator, for whatever reason, the invoice becomes payable by the client.

 

8.2.5 Other products and services offered by KESTIO

Payable in a single installment, in accordance with article 8.2.1 Payment Deadline, unless otherwise specified in the service contract or quote validated by the contracting party.

 

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 will be considered irrevocably accepted by the Contractor.

 

8.4 Payment default

In the event of non-payment by the Contractor of all or part of an invoice issued by the Service Provider, the latter may, at its discretion, apply the following penalties to the Contractor as late payment interest, without prejudice to its right to claim compensation for the damage suffered as a result of said late payment.

In the absence of payment and pursuant to Article L.441-6 of the French Commercial Code, late payment interest will be applied, calculated on the basis of the European Central Bank's interest rate applied to its most recent refinancing operation, increased by 10 percentage points.

It is proposed to retain the ECB rate plus a surcharge based on the rate assessments.

In application of Article D.441-5 of the French Commercial Code:

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

Late payment penalties are due without the need for a reminder. The Customer is solely responsible for the actual payment of the service purchased. 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, the security code is required during your online purchases. The security code, consisting of 3 digits, is located on the back of your credit card.

 

9-CONTRACT DURATION AND TERMINATION

 

9.1 Annual subscription service contracts (such as Kommunity/Focus/Performance/Prospection… This list is not exhaustive)

 

9.1.1 Contract start date

The contract begins upon payment of the first invoice of said contract (excluding Diagnostic and work plan).

 

9.1.2 Contract duration

The service contract is concluded for a minimum period of twelve (12) months from the date referred to in article 9.1.1 Contract start.

It will then be tacitly renewed for successive periods of twelve (12) months, unless terminated by the contracting party under the conditions referred to in Article 17-RESOLUTION.

 

9.1.3 Early termination

In the event of termination of the annual service contract by the client before the end of the minimum period of twelve (12) months, except in cases of force majeure listed in Article 28-FORCE MAJEURE, the client remains liable for the remaining payments until the end of the commitment.

If a refusal or rejection of a direct debit is noted on a due date, without prior written request from the client, all remaining due dates over the 12-month period from the effective date of the contract referred to in article 9.1.1 Start of contract or renewal will be invoiced at once.

 

10-REPORTS AND CANCELLATIONS

 

10.1 Case of Annual Service Subscription Contracts (such as Kommunity/Focus/Performance/Prospection/Cadre commercial… Non-exhaustive list)

Following the Contractor's selection of the subscription that corresponds to their support needs, the Contractor and the Service Provider will coordinate to organize the support sessions and meetings.

As such, the Client has the option to request a postponement of the session, provided that a forty-eight (48) hour notice is given by email 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 their subscription.

The Provider reserves the right to cancel a session if the conditions provided for in Article 28 – FORCE MAJEURE are met.

All purchased sessions must be used during the current annual period, i.e., from the payment of the first invoice of the service contract or the first annual renewal invoice until the end of the twelfth due date of each period. Unused sessions cannot be carried over beyond the end date of the annual period in question.

 

10.2 Training Courses

The client can postpone or cancel participation in a training course up to one (1) month before the start date of the training, upon request to KESTIO. Beyond this date, the training is considered definitively acquired and will be invoiced.

If the number of participants in a training session is deemed insufficient for educational reasons, KESTIO also reserves the right to cancel the training no later than seven (7) days before the scheduled date. Registration fees already paid will then be fully refunded or, at the client's convenience, a credit note will be issued.

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

 

10.3 Case of other products and services offered by KESTIO

The Client has the option to request a session postponement, provided that a forty-eight (48) hour notice is given, sent by post on the Kestio application, or by email to the expert concerned.

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

The Provider reserves the right to cancel a session if the conditions provided for in Article 28 – FORCE MAJEURE are met.

 

11-ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS

The Provider reserves the right to adapt or modify these general conditions at any time. They then apply to orders placed after they are put online.

The present contract and its general conditions are accepted by the Contractor during their online acceptance, when subscribing to their subscription.

The simple transmission of these general conditions in paper format implies acceptance by the Contractor.

In any event, the version of the general terms and conditions of sale that is binding on the Contractor is the one accepted by the latter at the time of validation of his order.

 

12-COLLABORATION

The parties agree to collaborate closely in their relations. The Client agrees to maintain an active and regular collaboration by providing the Service Provider with all the information requested.

 

13-OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider's commitments constitute an obligation of means, at the end of which the Services will be executed in strict compliance with the professional rules in use. To do this, the Service Provider will assign to the execution of the Services professionals with the skills required to ensure their realization in accordance with its quality standards.

 

14 - Contractor Obligations

To facilitate the proper execution of the Services, the Contractor agrees to:

• To provide the Service Provider with the information and documents within the necessary deadlines without being required to verify their completeness or accuracy;
• To directly notify the Service Provider of any potential difficulties related to the execution of the Services.
• Use the kestio.live platform exclusively for all support (sessions, management, provision of documents, manuals, project monitoring, exchanges, etc.).

In any event, all measures should be taken to ensure that the support services are carried out under the best possible conditions. The Service Provider cannot be held liable in the event of a lack of diligence, negligence or failure on the part of the Client.

 

15 - Compliance

When written deliverables are provided, the services delivered by the Provider are automatically deemed compliant unless the Contractor notifies a reservation within two (2) days of the service in question. All other services are provided as is.

 

16 - Warranty Limitation

KESTIO strives to ensure continuous access to the application, as well as the accuracy and updating of available information, but is only bound by an obligation of means towards the client. The Service Provider provides the products and services "as is" and therefore does not guarantee the Contractor against possible malfunctions and anomalies.

 

17 - Termination

Upon completion of your commitment, you may cancel your KESTIO subscription at any time by giving a minimum of two (2) months' notice before the annual renewal date. To do so, simply send a registered letter with acknowledgement of receipt to the following address: KESTIO – Service Client – 57 place de la République – 69002 LYON and an e-mail to admin@kestio.com and your request will be processed. The balance of the current subscription is invoiced and payable under the conditions set out in Article 8-PRICES & PAYMENT TERMS et seq. To the fullest extent permitted by applicable law, in the event of proven default by the Contractor, payments are non-refundable and we do not grant any refunds or credits for periods of partial use, or for any unused sessions. In the event of repeated failure by the Contractor to comply with the obligations of these terms and conditions, the Service Provider reserves the right, without compensation or reimbursement, eight (8) days after sending the Contractor an e-mail followed by a registered letter with acknowledgement of receipt requesting compliance with these general terms and conditions, to terminate the Contractor's subscription, without prejudice to any legal action that may be open to it. The Service Provider may also terminate the Contractor's subscription in the event of failure by the Contractor to comply with its obligations, in particular and without this list being exhaustive, in the event of:

• Non-payment;
• Failure to comply with these general conditions;
• Failure to comply with safety measures and instructions;
• Requests to execute irregular operations.

 

18 - Limitation of Liability

The entire responsibility of the Provider and its employees, relating to any breach, negligence or fault, noted during the execution of the services, will, by mutual agreement, be capped at the amount of fees paid for the Services in question, in order to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes. This stipulation will not apply to liability for death or personal injury, nor to any other liability that the law prohibits from excluding or limiting.

Furthermore, the Service Provider shall not be liable in the following cases:

• Following a failure or deficiency of a product or service, the supply or delivery of which is not the responsibility of KESTIO or its possible subcontractors,
• For facts and/or data that do not fall within the scope of the Services and/or are not an extension thereof,
• In the event of use of the results of the Services for a purpose or in a context different from that in which it intervened, incorrect implementation of the recommendations, or failure to take into account the Service Provider's reservations.

The Provider and its insurers are not liable for indirect damages, loss of profit, loss of opportunity or expected earnings, or the financial consequences of any actions brought by third parties against the Client. This clause remains applicable in the event of nullity, resolution, or termination of this contract.

 

19 - Provider Personnel

The Provider guarantees the regularity of the situation of its personnel with regard to Articles L.1221-10 et seq. and L. 3243-1 et seq. of the French Labour Code. The Provider also certifies that it complies with the provisions of Articles L. 8221-1 and L. 8221-2 of the French Labour Code, relating to the fight against undeclared work, as well as with the provisions of Book III Title IV of the French Labour 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 it has had contact in connection with the performance of the services. In the event of a violation, the Contractor shall be liable to the Service Provider, as a penalty clause, for compensation equal to one year of the last gross salary of the person so poached.

 

20-INSURANCE

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

 

21-PROPERTY

The Provider retains ownership of its methods, expertise, and intellectual property rights to the deliverables and services, and the Client guarantees to implement everything within its power to ensure the protection of the Provider's property internally and in relation to its company.

 

22-INTELLECTUAL PROPERTY

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 that are or will be recognized according to the laws in force. These general conditions do not imply any transfer of any kind of intellectual property rights over all or part of the elements belonging to the Service Provider or its partners and third parties who have granted it a license. Any reproduction or representation, total or partial, of one of these elements, without the express authorization of the Service Provider is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code. The Service Provider grants the Contractor only a right of use on a non-exclusive, personal, non-transferable basis and for professional use that complies with the provisions of these general conditions. Consequently, the Contractor refrains from any action and any act likely to directly or indirectly infringe the property rights of the Service Provider. The Contractor notably agrees to respect any end-user license agreement that may be applicable to the products and services ordered. The Contractor also refrains from erasing, removing, or concealing in any way whatsoever the property marks of the Service Provider or its licensors on the product, or from prominently displaying said property marks, labels, or marks on copies of the product.

 

23-PERSONAL DATA

Regarding personal data for which the Client is responsible, and in particular data that the Service Provider may have access to in the course of performing the services, the Client must take all necessary precautions, considering the nature of the data and the risks presented by the processing, to preserve 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 Client to the Service Provider involve the processing of personal data on behalf of the Client, it is the latter's responsibility to ensure that the security and confidentiality measures offered by the Service Provider are adequate with the level of precaution that the Client must take with regard to its obligation to ensure the security of the personal data for which it is responsible, and that the guarantees presented by the Service Provider to this effect are sufficient.

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

• Not to process or consult the data or files contained for purposes other than the performance of the services it performs under this agreement;
• Not to insert foreign data into the files;
• Not to consult or process data other than that concerned by the services, even if access to this data is technically possible;
• Not to disclose, in any form whatsoever, all or part of the data concerned.

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

 

24-EXCLUSIVITY

The subscription does not grant the Contractor any exclusivity. Consequently, the Provider remains free to provide identical services to other individuals or legal entities, including those engaged in activities similar to the Contractor.

 

25-CONFIDENTIALITY

Each party agrees to treat all information communicated to it by the other party in connection with this subscription as strictly confidential.

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

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

The Client authorizes the Service Provider to use its name as a reference and, if applicable, to include a general description of the services performed.

 

26-TRANSFERABILITY – SUBCONTRACTING

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

If the Service requires special technical skills, the Service Provider shall inform the Client of the possibility of subcontracting part of it. In this case, the Client agrees that the Service Provider may disclose the information necessary for the execution of these audits to subcontractors. The subcontractor will then act under the sole responsibility of the Service Provider and will undertake to keep confidential all information that it becomes aware of during the services.

The Client may not assign the contract, either wholly or partially, for consideration or free of charge, without the Service Provider's prior written consent.

For the purposes of the services, the Service Provider is free to use the content possibly transmitted by the Client.

 

27-CLAIMS

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

 

28-FORCE MAJEURE

Initially, cases of force majeure will suspend the execution of the contract. If the cases of force majeure last for more than two months, this contract will be terminated automatically, unless otherwise agreed by the parties. Expressly, cases of force majeure or fortuitous events are considered to be those usually recognized by the jurisprudence of French courts and tribunals, as well as the following events:

• war, riots, fire, internal or external strikes, lockouts, occupation of the Service Provider's premises, inclement weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes to marketing methods, accidents of any kind, illness affecting more than 10% of the Service Provider's personnel in 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, the placing of the company into receivership, the liquidation of the company by the competent courts and any other event beyond the express control of the parties preventing the normal performance of this agreement.

 

29-UNFORESEEN CIRCUMSTANCES

In the event of unforeseen circumstances arising after the signature date of this contract, outside of what the parties would normally anticipate, which would modify the execution of obligations to the detriment of one party, the parties expressly agree to waive any application of the provisions of Article 1195 of the French Civil Code. They agree from now to bear the consequences of such circumstances, without prejudice to the provisions of the article relating to force majeure.

 

30-INDEPENDENCE

The execution of services does not, under any circumstances, create a relationship of mandate or de facto company between the Contractor and the Service Provider. Neither party is authorized to commit or bind the other.

 

31-TITLES

In the event of difficulties in interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.

 

32-NULLITY

If one or more provisions of these general terms and conditions are held to be invalid or declared as such under any law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

 

33-ENTIRETY

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

 

34-WAIVER

The Provider's failure to invoke a breach by the Contractor of any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.

 

35-SEVERABILITY

If any of the stipulations herein become void under any applicable law or regulation and/or a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other articles, which shall remain fully applicable. In this case, the Parties shall confer to agree on a new stipulation to replace the one declared void and without effect, it being understood that the new stipulation shall respect as much as possible the spirit and economic impact on the Parties of the replaced stipulation.

 

36-DOMICILE

Unless otherwise specified, for the execution of this agreement, the parties agree to send all correspondence to their respective registered offices. Any change of address must be notified to the other party by registered letter with acknowledgment of receipt.

 

37-AGREEMENT ON EVIDENCE

Information that is legally required, or in application of professional rules and practices or even the state of the art, for the purpose of concluding this contract, may be transmitted between the parties by electronic mail. The same applies to letters sent in application of the execution hereof. Each of the parties expressly accepts the use of this means in application of Article 1126 of the Civil Code.

 

38-LANGUAGE

The general terms and conditions, the specific terms and conditions, and the 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 dispute, litigation, difficulty of interpretation or execution of these conditions, and more generally concerning the existing relations between the Service Provider and the Contracting Party.

 

39-APPLICABLE LAW

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

 

40-JURISDICTION

Any disputes arising from the application of this contract will be submitted to the Commercial Court of Lyon (69) for consideration in the absence of an amicable agreement.

This clause is legally independent of the present contract and remains applicable despite any potential nullity, resolution, termination, or cancellation of the current contractual relationship.

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Requirements for video sessions on the KESTIO platform: Windows, macOS, Linux

Minimum hardware requirements

• Dual Core 2 – 4Ghz processor or higher
• 4 GB of RAM or more
• Integrated speakers or USB or wireless Bluetooth powered
• Integrated microphone or powered by USB or wireless Bluetooth
• Integrated or USB-powered webcam

Note: Single-core or dual-core laptops have a limited number of images when screen sharing (approximately 5 images per second). For optimal screen sharing performance on a laptop, 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 that use Windows 10 must be equipped with Windows 10 Home, Professional, or Enterprise. S mode is not supported.

Tablets and mobile devices supported

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

Remarks: PC tablets that use Windows 10 must be equipped with Windows 10 Home, Professional, or Enterprise. S mode is not supported.

Supported browsers

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

Bandwidth requirements

• Download: minimum internet connection of 700 Kbps per participant
• Amount: 600 Kbps internet connection per participant

Note: Depending on your configuration, implementing a QOS strategy may be considered to guarantee the quality and effectiveness of video sessions.

UploadCare

We use UploadCare for depositing and providing documents and files

Browser access to these URLs is required:

• 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 settings of your web security gateway.

UDP Protocol: Port 10000

TCP Protocol: Ports 80, 443

Domain: turn1.meet.kestio.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 security 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 audits 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 audits frameworks
CPNI	8×8 is compliant with FCC requirements for protecting Consumer Proprietary Network Information