Last Updated 13 May 2022
This subscription services agreement, together with the relevant Customer Order Form (“Agreement”) is a legal agreement between you (the “Customer”) and Shipfix Technologies S.A.S., a company incorporated in France and having its registered office at 112 Avenue de Paris, CS 60002, 94306 Vincennes Cedex, FRANCE, registered with the Registry of Commerce and Companies under number RCS Créteil 844 732 081 (“Shipfix”).
Shipfix licenses use of the Service (as applicable) to the Customer on the terms of this Agreement. Shipfix remains the owner of the Service and all Intellectual Property rights therein at all times.
Contacting us. The Customer may contact Shipfix’s customer service team by e-mail at [email protected], or through the dedicated channels provided via the Service. How to give us formal notice of any matter under this Agreement is set out in clause 16.
1.1
In this Agreement:
“Authorised User Agreement”
means Shipfix’s licence agreement to be entered into by each Authorised User as a condition of their right to access and use the Service, as updated and amended from time to time
“Authorised User”
means each employee, agent and independent contractor of the Customer who are authorised by the Customer to use the Service (as applicable) in accordance with this Agreement (including the Customer Order Form)
“Commencement Date”
has the meaning given to it in clause 2.1
“Confidential Information”
means (a) all commercial, financial and/or technical information, trade secrets, products, operations, processes, customers, suppliers, product information and unpublished information relating to a party or its affiliates and its business or prospective business; and (b) the terms of this Agreement (which for the purposes of this Agreement is the Confidential Information of the parties)
“Customer Data”
means data and information submitted by or for the Customer or an Authorised User to the Service, or data and information that originates from the Customer’s systems and is processed, stored, generated or accessed by the Service, including Authorised User’s contact details and data contained in Authorised User’s emails and inboxes, statistical usage data derived from the operation of the Service, data regarding configurations, log data, filtering choices, information relating to the integration between the Customer’s IT systems and the Service
“Customer Order Form”
means the online order pages completed by the Customer prior to submitting an order via Shipfix’s website
“Customer Personal Data”
means Personal Data forming part of the Customer Data
“Data Protection Legislation”
means all applicable legislation relating to data protection and privacy including without limitation the Data Protection Act 2018 of the United Kingdom, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the GDPR, and all local laws and regulations which amend or replace any of them and any analogous legislation in any part of the world
“Fees”
has the meaning given to it in clause 7
“Free Trial Service”
means any Shipfix service or functionality that may be made available by Shipfix to Customer to try at Customer’s option, at no additional charge, and which is clearly designated as “beta,” “trial,” “non-GA,” “pilot,” “developer preview,” “non-production,” “free trial,” “evaluation,” “early access,” or by a similar designation
“Free Trial Period”
means the term for which Customer registered to use the applicable Free Trial Service as specified in the Customer Order Form
“GDPR”
means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the General Data Protection Regulation (EU) 2016/679 in such form as incorporated into the law of England and Wales, Scotland and Northern Ireland by virtue of the European Union (Withdrawal) Act 2018 and any regulations thereunder
“Initial Subscription Term”
means the initial term of this Agreement as set out in clause 2.1