By using the itc-booking.com website as a service, provided by the company IT Consults S.A.R.L. (VAT: FR 19 808203970) with offices at 21 Place de la République, 75003 Paris, France, you agree to be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully. By using or accessing the Service, you, personally or on behalf of the legal entity of which you are a representative, an agent or employee when acting in such capacity, enter into a legally binding agreement with IT Consults.
Please check regularly for updates of these Terms and Conditions.
Any doubts or questions about these Terms and Conditions should be sent to our legal department (legal “at” it-consults.eu).
“Service” or “ITC Booking Software”: The ITC Booking Software on itc-booking.com.
“Service Provider” or “IT Consults”: IT CONSULTS S.A.R.L. (VAT: FR 19 808203970) with offices at 21 Place de la République, 75003 Paris, France.
“Client”: The entity that enters into an agreement with IT Consults with respect to the ITC Booking Software.
“User”: The person(s) to whom IT Consults gives a username and password on the behalf of the Client.
“Account”: Domain and account of each Client.
“Plan”: The Service is made of several offers. A Plan is the offer chosen by the Client when placing his order. The plans and their associated services are described here).
2. Account Terms
- The Client must provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.
- The Client accepts the complete and unconditional responsibility for any and all operations performed under his Account. The Client is responsible for the confidentiality of his Account, usernames and passwords, for the access to his computer system and for the acts and negligence of any part making use of the Account of the Client. The Client will not allow access to the ITC Booking Software to any person that is not a registered User in the ITC Booking Software. In case the Client finds or suspects any misuse of his account information, the Client will immediately change his passwords and notify IT Consults.
- Each login may only be used by one person at a time – a single login shared by multiple people simultaneously is not permitted. You may ask IT Consults to create separate logins for as many people as your Plan allows.
- IT Consults acknowledges that all information and/or data received from the Client is confidential and represents an important commercial asset of the Client. IT Consults hereby undertakes to keep this confidential information and/or data secret, and in no circumstances to divulge it and/or to make it known to third parties.
- The Service Provider will secure the ITC Booking Software and the Client’s data and Account. However, the Client recognizes that the Service is an online Service and that there are risks associated with transferring data over the internet, such as hacking and viruses, which cannot be prevented, even not with professional security measures.
- The Service Provider will use the data of the Client and the Users strictly for billing, invoicing, and contractual or statistical purposes. Under no circumstances will a User’s personal data be published, given to third parties, or used for advertising or marketing, without explicit consent by the User. The User allows IT Consults to use his or her data to send out information about new services and updates to the current services.
- The Client is entitled to process its customers’ personal data as set forth in Article 2 of the Privacy Directive 95/46/EC (hereinafter “Personal Data”) on the ITC Booking Software, strictly in accordance with following terms:
- Parties acknowledge that they will comply with all regulations relating to privacy protection that are applicable in the area / countries where they operate.
- If necessary, the Client will register the treatment with the competent authorities.
- With regard to the use of the ITC Booking Software, including but not limited to the option to pass Personal Data to third parties, IT Consults will only act as a Data Processor of the Personal Data.
- The Client acknowledges that he acts as a Data Controller and will remain at all times owner of the Personal Data.
- Client acknowledges and agrees that IT Consults may generate reports based on data processed through the ITC Booking Software and use them for its own purposes. These reports will not contain any Personal Data.
4. Payment, Refunds, Upgrading and Downgrading Terms
- The service payment will be done by credit card, PayPal, or bank transfer.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties.
- If during the trial period the Client upgrades to a paid plan, the trial period will immediately terminate and the Client will be charged for the next period according to the Plan chosen.
- The service is charged one (1) month or one (1) year in advance depending on the Plan chosen and payment is not reimbursable. There shall be no reimbursement or credit for partial usage of the Service, downgrade restitution or reimbursement for days not used in an open Account.
- If the Client carries out or wants to downgrade his Plan, payment of this service shall be immediately due.
5. Cancellation and Termination
- You can cancel your Account at any time since IT Consults has no long term contracts. You can either request the cancellation of your Account by e-mail at administration “at” it-consults.eu or you can stop renewing the monthly or annually subscription.
- If a Client cancels his Account or Service, his content shall be removed after 6 months including the backups. None of the information shall be recoverable after this delay, and so IT Consults strongly advises the Client to request a backup (refer to the Plan for the costs of this service. Some Plans have backups for free included).
- If you cancel the Account or Service before the end of your current paid period, your cancellation will take effect immediately and you will not be charged again, however no refund for the rest of the paid period will be done.
- In case IT Consults notices an action by the Client or lack of action by the Client that might in IT Consults’ reasonable opinion breach these Terms and Conditions, harm directly or indirectly a third party, might otherwise be objectionable or if a third party notifies IT Consults of a possible harm, IT Consults will contact the Client in order to remedy the breach or harm caused as soon as possible and in any event within 15 days.
- In case the Client fails to timely remedy his breach or the harm caused, IT Consults — at its sole discretion — may immediately and without notice, without intervention of the court (“de plein droit”), block or remove any content and/or terminate or suspend any Client Account, without any repayment of fees or other indemnification to the Client.
- In case IT Consults discontinues its services or blocks the Client’s access to the ITC Booking Software on the basis of this provision, the Client will not be entitled to any indemnification from IT Consults for the damages suffered as a result thereof. If the Client unsuccessfully contests IT Consults’ decision in court, the Client will reimburse IT Consults’ legal costs and expenses (incl. all attorney fees and costs).
6. Modifications to the Service
- IT Consults may from time to time update, modify or change the Service. These changes and modifications will replace the old version and are subject to the same Terms and Conditions. Only the last version of the Service will be accessible to the Client.
- As part of the maintenance, the Service may temporarily be unavailable. IT Consults will limit these periods of unavailability to a minimum and out of business hours if possible. A notification will be sent to the Client prior to any planned maintenance 48h before the due date. IT Consults shall not be liable towards the Client or any third-party for any damages that may result or arise from such temporary unavailability.
7. Additional Services and Fees
- File Storage: only photos and documents (PDF, DOCX, etc…) uploaded by the Client are counted as storage space. A free but limited storage space is available to each Client according to its number of Users and the chosen Plan. The storage space used is counted as a sum of the storage space of all Users belonging to the same Client; it is not per User. In case of exceeding the free storage space, additional fees will be invoiced according to your Plan (see here and here). For example:
- If a Client has 3 (three) Users and the chosen Plan gives each one of them 3 GB of free storage, the total free storage space for this Client is 9 GB.
- In this case, the storage space will be invoiced only after the 9 GB are completely used.
- Additional File Storage: the Client or each User may consult at any time the total File Storage space used by all the Users combined, directly on the ITC Booking Software’s home page. In case of exceeding the free storage space, the system will not block any upload (within the limit of the servers’ space). If the storage space of the Client exceeds the capacity paid for by the Client, the Client will be required to purchase additional storage space. Additional storage space is invoiced for the whole current month cycle. These quotas are not divisible (only whole shares are acquired). Additional storage space is invoiced monthly or yearly depending on the Plan chosen. Refer to the Plan for the cost of additional storage space (see here and here).
- Photos Quality: the photos, after being inserted in the ITC Booking Software, will be converted into high quality (between 1280×800 and 1440×900 pixels and variable size from 50 to 300KB). The original photos will be automatically deleted. The Client may request photo storage in original resolution (for example, in very high resolution), however, this is an additional service. If the Service is activated, IT Consults will always keep a copy of the photos inserted in the ITC Booking Software by the Client.
- Other additional services such as SMS services may be delivered by IT Consults upon request. These services are not included in the Plans and are subject to a separate offer.
- Technical support is only provided if included in your Plan. It is available via email at support “at” itc-booking.com.
- Refer to the Plan for additional services and fees related to them.
8. Copyright and Content Ownership
- All intellectual property rights, title or ownership of the ITC Booking Software shall at all times remain with IT Consults.
- The Client may not duplicate, copy, or reuse any portion of the Service, or visual design elements or concepts without express written permission from IT Consults.
- IT Consults does not claim any intellectual property rights over the material of the Client. All the data and materials you upload to your Account remain yours.
9. Limitation of Liability of IT Consults
- IT Consults will provide all reasonable efforts to ensure the proper functioning of the ITC Booking Software.
- IT Consults represents that the ITC Booking Software is developed in a professional manner and is consistent with generally accepted industry standards. IT Consults will continue to improve the ITC Booking Software and warrants that the ITC Booking Software at all times will comply with such standards. However, IT Consults does not warrant that the ITC Booking Software is entirely free of small bugs and errors or that the ITC Booking Software is available and functioning 24/7. However, IT Consults guarantees an annual average of 98% of availability of the ITC Booking Software excluding cases stipulated on the article 11.5.
- IT Consults provides the ITC Booking Software “as it is”. IT Consults does not warrant that the functions contained in the ITC Booking Software will meet the Client’s performance requirements or that the ITC Booking Software will operate in accordance with the Client’s expectations. The Client accepts responsibility for the selection of the ITC Booking Software, its use and the results to be obtained there from.
- IT Consults makes no warranty of any kind, express or implied, and the warranty of fitness for a particular purpose is hereby excluded.
- IT Consults can only be held liable for gross negligence (“zware fout”, “faute grave”). It cannot be held liable when a defect or malfunction of the ITC Booking Software is attributable to (i) a software or hardware defect that was not issued by IT Consults, (ii) the fact that changes or amendments to the ITC Booking Software have been made without its permission, or (iii) if the Client fails to report immediately any defect together with documentation and information relating to the occurrence of the defect.
- The Client understands that the ITC Booking Software is an online application and that all software and data will be run from the IT Consults servers (or from its sub-processors, see here). IT Consults cannot be held liable when a defect or malfunction of the ITC Booking Software is attributable to network or communication issues.
- Despite the data backups performed by IT Consults (refer to your Plan for more details, here and here), IT Consults doesn’t warrant being able to restore all data at any time and the Client should keep a personal backup file at all times (refer to the Security Policy for more information).
- IT Consults will not be liable to the Client or third parties for loss of profits or business, loss of data, indirect, consequential or incidental damages, even if IT Consults has been advised of the possibility of such losses or damages. For direct damages, if repair in species is not possible, the liability of IT Consults toward the Client shall never exceed an amount equal to the fees paid by the Client over the last six months. The Client shall take all necessary measures that can reasonably expected to limit its damage.
10. Acceptable Use Policy
- The Client is free within the limited scope of its plan to use and operate the ITC Booking Software according to its intended purpose. As a result, the Client bears the sole and full responsibility for the content that he processes with the use of the ITC Booking Software. Such use of the ITC Booking Software will however always comply with the Terms and Conditions. IT Consults is not responsible for any content or media text processed through the ITC Booking Software by the Client.
- The Client agrees to never use the ITC Booking Software for illegal purposes or conduct that is otherwise objectionable. The Client may not process any content that (i) is unlawful, harassing, libelous, abusive, threatening or harmful of any kind or nature or otherwise objectionable; (ii) he does not have the right to process under any law or under contractual or fiduciary relationships; (iii) infringes any rights of a third party, such as but not limited to patent, trademark, trade secret, personality right and copyright rights. The Client may use the ITC Booking Software for communication purposes (e.g. SMS and mailings). The Client warrants that such communications will respect all laws and regulations, such as, but not limited to, privacy laws and anti-spam laws.
- The Client will not use nor display any means, software or routines that might harm other parties or the good functioning of the ITC Booking Software, or disproportionately burden the ITC Booking Software system.
- The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, Service usage, or access to the Service without the express written permission by IT Consults.
- The Client accepts the full responsibility for his Account and agrees to defend, indemnify and hold harmless IT Consults, its shareholders, directors, officers, employees, agents, distributors, attorneys, parent companies, subsidiaries and affiliates, from and against any and all claims, liabilities, judgments, penalties, taxes, costs and expenses (incl. reasonable attorney fees and costs) arising out of or related to Client’s use of the ITC Booking Software or to the Client’s breach of these Terms and Conditions.
- If any of the provisions of Terms and Conditions is held to be or rendered void or unenforceable, the Client agrees that the same shall not result in the nullity or unenforceability of the remaining provisions, but that the Client and IT Consults will use their best efforts to replace such provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business or other purpose for said void or unenforceable provision.
- The mere fact that IT Consults does not insist upon or enforce strict compliance by the Client of any provision shall not be construed as a waiver or relinquishment of IT Consults’ rights pursuant to this condition, unless made in writing.
- IT Consults is entitled to transfer its rights and/or duties in the agreement with the Client to a third party, without prior notification or consent of the Client.
- All notices between IT Consults and the Client shall be written in English or French and must be delivered in writing or by email to contacts of both sides.
- Neither party shall be in default or otherwise liable for any delay in or failure of its performance if such delay or failure arises by any reason beyond its reasonable control, including natural elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other party or such other party’s employees, agents or contractors.
- Any agreement between Client and IT Consults with respect of the use of the Service and the Terms and Conditions and Appendixes shall be governed by, interpreted and construed in accordance with the laws of France. Venue for any proceeding brought here-under shall be with the courts residing in Paris (France).
last updated on: 21/09/2018