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IMPORTANT : This master services agreement's authentic language is French. In case of conflict between this master services agreement and any translation, the French version will take precedence. |
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GENERAL CONDITIONS ALLOPASS produces and makes available to its CLIENT a payment processor on the Internet called ALLOPASS (registered trademark). ALLOPASS bills all or part of the CLIENT's Internet site to its internet users called VISITORS. The CLIENT afterwards receives its payment depending on the number of visits generating a payment, less a commission deducted by ALLOPASS. The term ACCESS CODE used below must be taken as PROOF OF PAYMENT and not as a true access code to a given site. Indeed, when it is generated, this PROOF OF PAYMENT is not linked to any site in particular, but simply demonstrates that its holder has made a payment via the ALLOPASS system. The CLIENT declares to have full legal capacity enabling them to enter into this contract having become acquainted with all the contractual documents and accepting them without reservation. Article 1 - Object The purpose of the present contract is to specify the contractual relationships between the signatories and in particular to define the roles and obligations of each and fix the pecuniary terms and conditions inherent in the operation of the ALLOPASS service. 
Article 2 - Operation the Allopass service The ALLOPASS service allows the VISITOR to be billed for access to one or more pages of an Internet site whose URLs have been registered on the ALLOPASS site by the CLIENT. The access to these pages by the VISITOR can be by using one of the following payment methods: 2.1 Micropayment One Shot: The VISITOR accesses the CLIENT's content by entering his PROOF OF PAYMENT (represented by an alphanumeric code) on a page of the CLIENT's site, the CLIENT having installed on this page a script provided by ALLOPASS. 2.2 Purchasing a Subscriber pass by Bank Card 2.2.1 Purchasing a "Subscriber pass"2.3 Affiliation programsThe VISITOR accesses the CLIENT's paid access area by entering a SUBSCRIBER PASS on a page of the CLIENT's site, the CLIENT having installed on this page a script provided by ALLOPASS.2.2.2 Purchase of "Access tickets" 2.3.1 Allopass affiliationThe CLIENT can obtain a payment by advertising ALLOPASS on one of his sites.2.3.2 Partner links and directory affiliation
Article 3 - Opening an Allopass account A person holds an ALLOPASS account (and becomes a CLIENT) when:  He has filled out the ALLOPASS account opening form by providing exact and regularly updated information He has approved the present general and special conditions, including his appendices, in particular the recommendations of the French Higher Council for Telematics. ALLOPASS acknowledges receipt of the opening of the account by e-mail for the formation of the present contract.The present contract commences from its acceptance by the user double-clicking which expresses consent to the said contract subject only to ALLOPASS sending confirmation of the opening of the ALLOPASS account by e-mail. ALLOPASS keeps the date of the double-click, which constitutes by common agreement the certain date of the conclusion of the present contract between ALLOPASS and the CLIENT. Persons using ALLOPASS within the framework of his professional activity undertake to send to ALLOPASS two copies of the present general and special conditions hereafter appended, initialled on each page and signed by his manager, director or president or other within 15 days of the formation. ALLOPASS will then send back to the CLIENT an original of the signed contract, initialled and stamped by it. The CLIENT can then bill one or more documents on his site following the technical indications provided on ALLOPASS. The CLIENT undertakes to update the registration data without delay in order that it remains exact, up to date and complete throughout the whole duration of the present contract and especially its company name, address and e-mail address. In the event that the CLIENT provides inaccurate, out of date or incomplete data, ALLOPASS will immediately suspend the CLIENT's account, the CLIENT having been informed of the time in which it must be regularized. Minors may not claim to open an ALLOPASS account. At the end of the registration procedure, the CLIENT receives a password enabling them to access information concerning his account on the site http://www.allopass.com. The CLIENT alone is responsible for the confidentiality of the password(s) together with all usages of his account, authorized or otherwise. The CLIENT undertakes to immediately inform ALLOPASS of any unauthorized use of his password. ALLOPASS can in no way be held liable for the unauthorized use of the password nor guarantee any loss or damage resulting from this usage.
Article 4 - Duration The present contract commences from the moment the present usage conditions are accepted by the CLIENT, provided that ALLOPASS confirms the opening of the account to the CLIENT, and this for an indeterminate duration.
Article 5 - Customer's obligations In compliance with current legislation, the CLIENT undertakes to provide the following information to the public on his site: If a natural person, his last names, first names and home address, or a means (valid e-mail address or other) of allowing ALLOPASS, Internet users of third parties to contact the CLIENTIf an artificial person, his company name, head office In all cases, the name of the director of publication for the site and the name of the hoster of the site, or a valid e-mail address for the director of publication for the site.The CLIENT undertakes to ensure that the URL of pages on the billed site point to a computer file (HTML page, text document or other). The CLIENT undertakes to provide his visitors the information or the service promised on his access page. The CLIENT undertakes not to use the ALLOPASS payment system as payment processor for material goods. The CLIENT undertakes not to use France price bracket B or the Bank Card where he wishes to bill access to a games site with expectation of gains using the ALLOPASS system. Gambling sites may in not use the services of ALLOPASS in any way. The CLIENT must regularly check the existence of the documents for which he is billing and ensure that the URL of those registered in his ALLOPASS account do not result in an error 404 (Document not found) or other. The CLIENT undertakes to comply with all the technical particulars provided by ALLOPASS in order to ensure the ALLOPASS system works correctly. The CLIENT is aware that, due to the rapid evolution of the Internet, these restrictions may be changed during the execution of the contract. The CLIENT is responsible for updating his hardware and software to take account of these changes. The CLIENT alone is responsible for the content disseminated on the pages billed by the ALLOPASS payment processor. As such, the CLIENT undertakes to comply with the regulations in force applicable to the use, communication and dissemination of an Internet site. The CLIENT undertakes to comply with the Internet usage charter known under the name of Netiquette. The CLIENT undertakes to respect the rights of others and particularly Personality rights (such as right to image, right to respect of private life) Intellectual property rights, in particular brand name rights, authoring rights (especially on software, sounds, images, photographs, texts, animated images, films), neighbouring rights (interpreting artistes, phonogram and videogram producers) and sui generis rights of producers of databases. Generally, the rights of persons and goods.In this extension, the CUSTOMER guarantees to provide all necessary authorization for the dissemination of data whatever his form or the nature presented on pages billed by ALLOPASS. The CLIENT undertakes to observe the deontological recommendations of the French Higher Council for Telematics and to not make available to the public on pages billed by the ALLOPASS system, elements: Contrary to public order and to good moralsOf an injurious, defamatory, racist, xenophobic, homophobic or revisionist nature or undermining the honour or the reputation of others, Inciting discrimination or hate of a person or group of persons by reason of his origin, sexual orientation, his belonging or not belonging to an ethnic group, nation, race or determined religion, Threatening a person or a group of persons Of character zoophile, paedophile, prostitution or escorts Of character urological or scatological and generally any content degrading or undermining the human person or his integrity Inciting to commit a misdemeanour, crime or an act of terrorism or making apology for war crimes or crimes against humanity Inciting suicide Calling on the generosity of the public (donation sites) Enabling third parties to procure directly or indirectly pirated software, software serial numbers, software enabling acts of piracy and intrusion into information and telecommunication systems, viruses and other software bombs and generally any software tool or other Undermining the rights of others and the security of persons and goods In violation of the private nature of correspondence Confidential by virtue of a legislative measure or legal act (and especially internal or privileged information, or information constituting insider dealing or relevant to a professional secret)The CLIENT undertakes to take all measures necessary to prevent access by minors to any elements of an erotic or pornographic character disseminated on the pages billed by the ALLOPASS system. As such, the CLIENT undertakes to use, amongst other things, the filtering software provided by ALLOPASS on the site http://www.allopass.com, according to the indications on the latter, in order to prevent access by minors to any elements of an erotic or pornographic character. The CLIENT undertakes not to make hypertext links which refer directly or indirectly to pages disseminating items which are illegal violate the rights of others available to the public on pages billed by ALLOPASS. The CLIENT undertakes not to display premium rate numbers which deliver ALLOPASS proofs of payment directly on the CLIENT's site; only scripts provided by ALLOPASS must be used for this. When scripts provided by ALLOPASS invite the VISITOR to acquire a PROOF OF PAYMENT, they simultaneously inform the VISITOR of the price of this purchase. The CLIENT who wishes in addition to display this price directly on his site undertakes to maintain this information constantly updated such that the information displayed at any time complies with the indications in ALLOPASS scripts. The CLIENT authorizes ALLOPASS to access documents the CLIENT bills using the ALLOPASS system for inspection, verification and testing. These accesses do not give rise to payments. The CLIENT undertakes not to confide any declarations or actions which undermine the image and the reputation of ALLOPASS and ALLOPASS. The CLIENT undertakes not to undermine the rights held by ALLOPASS on the payment module made available, especially by prohibiting any reproduction or adaptation of all or part of the intellectual and hardware elements comprising this module and its accessories for whatever support, now or in the future. The CLIENT undertakes to observe the strictest confidentiality concerning all information of a technical nature or others that the CLIENT may become aware of as part of the execution of the present agreement. The CLIENT undertakes to comply with current legislation as regards the collection of personal data and the declaration to the CNIL of files which the CLIENT could constitute from information collected on pages protected by ALLOPASS. The CLIENT undertakes not to try, by means which could be described as fraudulent, to increase the number of accesses to his documents billed via the ALLOPASS system nor to falsify statistics on accesses to these documents generated by the ALLOPASS system. As such the CLIENT undertakes to inform FROG PLANET by e-mail 15 days before any promotional action concerning pages billed using the ALLOPASS system. In the event that any of the stipulations in the present article are violated by the CLIENT, ALLOPASS will immediately suspend the CLIENT's account, the CLIENT having been informed of the time in which it must be regularized. The client undertakes to comply with the regulation concerning the use of Allopass codes. Codes must be delivered directly by ALLOPASS servers, and bought via FRGO PLANETE payment scripts only. They can be used only on a website using our payment system; Any other use or trade of ALLOPASS codes apart of the AllOPASS system, and specifically, but not only, resell and trade of ALLOPASS codes to a third person, is strictly forbidden and can be subjected to legal proceedings. Any ALLOPASS account which ALLOPASS codes are generated/bought in the section 'Purchase Allopass codes',then resold or traded, will be immediately deactivated by ALLOPASS according to the conditions defined in Article 5 bis. These codes can only be used by the account holder, in the sole purpose of accessing other ALLOPASS-using websites'paid-access contents. Any ALLOPASS account directly or indirectly related to resell or trade of ALLOPASS codes will be deactivated according to the conditions defined in Artcile 5 bis. Lastly, the use of ALLOPASS codes apart of the ALLOPASS system is not ALLOPASS's responsibilty
Article 5bis - Suspension and/or closing of the account ALLOPASS reserves the right to suspend all or a part of the USER's ALLOPASS account or to close it according to the seriousness of the violation by the USER of the present General Conditions of Use. Reactivation of the account will take place at the discretion of ALLOPASS. ALLOPASS reserves the right to sequestrate the sums deposited on the USER's ALLOPASS account for the purpose of payment in the event of violation of the present General Conditions of Use until the situation has been regularised by the USER. In the event of outstanding payments on CC, the USER agrees that the date on which the current or future purchases by credit card are paid will be deferred by a maximum of six (6) months in relation to the date indicated in article 7 below. If the USER opens more than one ALLOPASS account without formal written authorisation from ALLOPASS, ALLOPASS reserves the right to suspend and/or close the unauthorised accounts. If the USER is no longer authorised by MOBIQUID to use the ALLOPASS system due to violation of the present General Conditions of Use, and if the USER opens a new ALLOPASS account, MOBIQUID reserves the right to close this account immediately and to freeze the sums deposited on this account.
Article 6 - ALLOPASS's obligations ALLOPASS undertakes, as far as possible, to ensure a quality of service of the ALLOPASS system sufficient for it to work smoothly. ALLOPASS undertakes to keep up-to-date the statistics showing access to documents billed using the ALLOPASS system reflecting the actual number of accesses. ALLOPASS does not guarantee the compatibility of the contract holder's equipment, hardware or software, with the ALLOPASS system. ALLOPASS cannot be held responsible for any interruptions to the ALLOPASS service, inability of the CUSTOMER to access his account or the VISTORS to access documents billed by the CLIENT which may arise from maintenance operations or modifications to the service by ALLOPASS, difficulties associated with the World-wide Internet network, routers, switches or any other cause outside the control of FROG PLANET. The amount billed via ALLOPASS represented by the PROOF OF PAYMENT cannot be reimbursed to the VISITOR by ALLOPASS, even if this has not been used during its validity period. ALLOPASS cannot prevent access to a billed document on the CLIENT's site if access to this is by a direct link (or direct entry of its URL). To prevent direct access to a billed document, ALLOPASS advises the CLIENT to regularly change the URL of these and to install the protection scripts provided. As such it must be specified that FROG PLANET does not have the technical ability to block dissemination by the CLIENT of the CLIENT's own content. The only power FROG PLANET has is to suspend or cancel the CLIENT's account, without this suspension or cancellation preventing the CLIENT from disseminating his content at the URL of his choice. Consequently, ALLOPASS cannot in any event be held responsible for content provided by the CLIENT which has never been hosted on ALLOPASS's servers.
Article 7 - Commissions and payments Only statistics generated by ALLOPASS shall be deemed authentic. Micropayment One Shot Only gives paid access upon validation of a PROOF OF PAYMENT obtained by regular payment via the ALLOPASS system (via a premium rate telephone number or payment by Bank Card or any other means approved by ALLOPASS) on the access page to billed documents on the CLIENT's site. The CLIENT chooses which price bracket to use for each of his documents. If need be, the CLIENT contacts GROG PLANETE to activate certain price brackets. Here is the table showing the payment rate to the CLIENT (for all ALLOPASS proofs of payment entered and validated): Tariffs and payments For a code purchase by Bank Card, the rate is paid 30 days from the end of the month. Where the Bank Card transaction is unpaid (contested, USER refusal etc.), the CLIENT accepts that the corresponding sum shall either be deducted from his payments or reimbursed. Purchase of Subscriber Pass by Bank Card 85% of the VAT-exclusive price paid by the VISITOR is paid to the CLIENT. This rate is paid 30 days after the end of the month after the Bank Card SUBSCRIBER PASS purchasing operation carried out via the ALLOPASS system. Where the Bank Card transaction is unpaid (contested, USER refusal etc.), the CLIENT accepts that the corresponding sum shall either be deducted from his commissions or reimbursed. Purchase of Access ticket by Bank Card 85% of the VAT-exclusive price paid by the VISITOR is paid to the CLIENT. This rate is paid 30 days after the end of the month after the Bank Card SUBSCRIBER PASS purchasing operation carried out via the ALLOPASS system. Where the Bank Card transaction is unpaid (contested, USER refusal etc.), the CLIENT accepts that the corresponding sum shall either be deducted from his commissions or reimbursed. Special conditions for transactions paid by Bank Card: Special conditions for payment by Bank Card are appended to the present agreement. The CLIENT declares to have understood and accepted the terms without reservation. Payment terms Payment by either cheque or bank transfer, at FROG PLANET's choice, of payments to the CLIENT can only be carried out for amounts from 5.00€, at the express request of the CLIENT using the payment request form present on the ALLOPASS site. CLIENTS using the ALLOPASS service for a professional activity and in particular artificial persons and traders shall, in addition to the completed form, send ALLOPASS an invoice corresponding to the amount of the payment as indicated on the ALLOPASS site. If this invoice is not received, no payment shall be made to the CLIENT using the ALLOPASS system for a professional activity. Sums deposited on the CLIENT's accounts as payments shall not incur interest whether conventional or legal. Any exchange rate costs shall be borne by the CLIENT. The CLIENT is responsible for declaring revenues received from ALLOPASS to the competent authorities. ALLOPASS cannot be held responsible for the non-declaration of these revenues. In the event the CLIENT does not comply with the present usage conditions, ALLOPASS can demand from the CLIENT reimbursement of the sums received, or hold all sums due commencing at the date of observation that the present conditions of use were not being complied with and suspend the CLIENT's current and future requests for payments. Allopass reserves the right to modify the payment rate at any time. In this case, the CLIENT shall be informed by e-mail at least 8 days before the commencement of this modification for decreases in payment or on the same day for increases and can either accept the new payment rates or terminate the present contract out-of-court in compliance with article 8.1 below. Failing an out-of-court termination within 8 days, the CLIENT will be deemed to have accepted the modification in payment rates.
Article 8 - Cancellation 8.1. Out-of-court cancellation Each of the parties can end the present contract without reason. The Party who wishes to cancel the present contract out-of-court shall inform the other Party of this by e-mail at least 8 days before the desired date at which cancellation is to take effect. The other party shall acknowledge receipt of this request, by e-mail, within 2 working days of receiving it. If no acknowledgement of receipt is obtained within this time, the Party wishing to cancel shall reiterate its request by registered letter with acknowledgement of receipt addressed to the other Party. The cancellation shall then take effect 15 days after the first presentation of this registered letter. 8.2. Other cancellation cases The contract shall be cancelled by rights without written notification, nor notice in the event of cancellation, suspension or closure by France Telecom (or other telephone operator) of the premium rate numbers used within the framework of the presents and this whatsoever the cause, or in the case of cancellation, suspension or closure or secured payment solutions on the Internet, and this whatever the cause. The present contract may be cancelled by rights, if ALLOPASS deems this appropriate, with notification and without prior notice, if no access to the CLIENT's protected pages has been registered on the ALLOPASS server for more than 6 months. If this contract is cancelled and this is not due to non-compliance with the contract, ALLOPASS will pay the CLIENT his commission even if this has not reached the threshold of EUR 5.00. 8.3. Annulling clause - annulment for non-compliance with the contract The present contract will be cancelled by rights if the CLIENT has not complied with one or more of the present usage conditions. In particular, ALLOPASS can annul the CLIENT's account without written notification or prior notice if there is a presence of content which is probably illicit or in violation of the presents on the pages protected by ALLOPASS. ALLOPASS reserves the right to take out a legal claim for any losses it could have incurred as a result. 8.4. Termination of the contract At the end of the present contract, whatever the cause, the CLIENT shall return to ALLOPASS all documents, software and items on any nature supplied by ALLOPASS in execution of the present contract. In any event, from the end of the contract, the CLIENT is prohibited from using directly or indirectly whole or part of these elements. Doing so will make the CLIENT liable to a penalty of 1,524.49 euros daily in damages until final cessation of the trouble. Whatever the circumstances of the cancellation, the CLIENT expressly undertakes never to take court action against ALLOPASS concerning a cancellation of the contract initiated by ALLOPASS.
Article 9 - Responsibility ALLOPASS is subject to an obligation of means. The CLIENT recognizes and formally accepts that the responsibility of ALLOPASS cannot be directly or indirectly incurred, in any way and for any cause whatsoever for losses linked to:
As the ALLOPASS service is provided by ALLOPASS via the Internet, ALLOPASS cannot guarantee the quality, reliability, timeliness or security of the use of this service since it depends on equipment and networks outside its control. ALLOPASS can in no case guarantee or ensure the CLIENT in its name or the name of third-party participants or CLIENTS chosen by the CLIENT a result as to the means put in place for the billing, verification and recovery of sums due by the CLIENT's users. ALLOPASS will in no case be responsible for the content offered by the CLIENT for any reason whatsoever. Where ALLOPASS is sued by a third party for any reason whatsoever because of information disseminated by the CLIENT on pages billed by the ALLOPASS system, the CLIENT undertakes to compensate ALLOPASS, on first request, for any legal fees, sums incurred for any reason whatsoever and any sentences, damages and other for which it is liable as the result of any action, complaint, procedure, request, expert's report or other incurred by a third party against ALLOPASS. In addition, the CLIENT recognizes:
Article 10 - Citation, Promotion and Advertising ALLOPASS shall be able to cite, especially with its commercial CLIENTS, the name of the CLIENT's site and present one or more pages of this site and the description of the site given by the CLIENT throughout the period of the present contract, for all operations, for requirements of presentation, promotion, advertising and/or marketing relating to its activities and/or its services. The CLIENT delivers to ALLOPASS by the presents all authorizations necessary for this end.
Article 11 - Ownership The ALLOPASS software is owned fully and completely by ALLOPASS. They form part of the manufacturing secrets and confidential information in view of the fact that the components may or may not be protected under the current state of legislation by an intellectual property right. The software of ALLOPASS and, if need be, its documentation are recognized by the CLIENT as intellectual work that the CLIENT and the members of his personnel are obliged to consider as such in prohibiting the copying, reproducing, translation into another tongue or language, adaptation, distribution free of charge or against payment, or additions to of any object which does not conform to its specification. The ALLOPASS brand name is the property of ALLOPASS. The CLIENT undertakes not to delete the mention of the ALLOPASS brand name from any software, document or advertising banner and, more generally, any item provided or made available to the CLIENT by ALLOPASS.
Article 12 - Personal data ALLOPASS builds a file comprising all the information it can obtain on its CLIENTS relating to use of the ALLOPASS system in order to manage CLIENT accounts and process the information to establish statistics. This file is declared to the CNIL (French national commission for information technology and civil liberties). The CLIENT is informed that in compliance with current legislation, he has a right of access, rectification and removal of personal data. Information not specifying a name such as statistics could be communicated to third parties. ALLOPASS will make its best efforts and put in place the technical means necessary to protect data concerning the CLIENT. However, ALLOPASS could communicate this data or any information concerning the CLIENT in order to comply with regulations in force or if, in good faith, ALLOPASS thinks that such a measure is necessary:
Article 13 - Act of God Firstly, an Act of God shall immediately suspend the obligations of the present contract. If the Act of God lasts for more than one month, the present contract will be cancelled by rights on simple receipt of information from the defaulting party. The following are expressly considered as Acts of God or accidents without fault, besides those defined by the jurisprudence of French courts and tribunals: total or partial strikes internal or external to the company, lockouts, bad weather, epidemics, blocking of means of transport or procurement for whatever reason, earthquake, fire, storms, flooding, water damage, governmental or legal restrictions, modification or interpretation of legal texts or regulations of marketing forms, computer breakdown, blocking of telecommunication networks and particularly that of FRANCE TELECOM, and all other cases independent of the desire of the parties preventing normal execution of the present agreement.
Article 14 - Miscellaneous If one or more stipulations of the present usage conditions are held to be invalid or declared as such in the application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations keep his force and scope. The parties therefore agree to replace the clause declared null and void by a clause which most nearly approaches the content of the clause initially decreed and which notably maintains the economic balance of the contract. The present contract constitutes the whole and only contract between the parties. In particular it cancels and replaces any previous agreement. The parties are agreed that ALLOPASS can, at any time, modify its services and/or the terms of the present usage conditions taking account especially of technical and factual changes in the service and the technologies. The present usage conditions are presented on the ALLOPASS site and it is the CLIENT's responsibility to become aware of what he is expressly accepting. ALLOPASS however undertakes to inform the CLIENT of changes to the present contract. The CLIENT will in no event be able to cede or transfer the present contract or any of its rights and obligations in respect of the presents without the prior written agreement of ALLOPASS. With the exception of stipulations to the contrary, any information provided for by the presents shall be legitimately provided: By ALLOPASS by means of en e-mail to the address provided by the CLIENT during his registration and kept up to date by themselves, by the CLIENT by means of an e-mail address to contact@allopass.com.
Article 15 - Applicable law, competent tribunals The present contract is subject to the provisions of French legislation and regulations. As the service is executed in PARIS, all litigation relating to the validity, interpretation or execution of the present contract and after the failure of all conciliation, shall be subject to:
SPECIAL CONDITIONS Article 1 - Purpose The subject of the present conditions is the provision by ALLOPASS by means of a system of remuneration on the Internet called ALLOPASS (registered trade mark) of a secure and confidential remote payment module using Bank Card to the profit of the CLIENT to enable payment by the VISITOR for a right of access to the site owned by the CLIENT whether this access is carried out "per click", by means of acquiring a "Subscriber Pass" or an "Access Ticket", in particular. This provision is made against payment (in accordance with the terms of article 2.2a of the present special conditions). The present special conditions are established to allow paying access to the site owned by the CLIENT or part of this site, such as a text document, a photo gallery, a particular photo, etc, whose URLs have been registered on the ALLOPASS site in compliance with the general conditions to the exclusion of any other site which the CLIENT might also own.
Article 2 - Obligations of the parties 2.1. Obligations of ALLOPASS: ALLOPASS undertakes to: 2.2.Obligations of the CLIENT: The CLIENT undertakes to:
Article 3 - Responsibilities In view of the non-material nature of the service provided and its technical characteristics, the CLIENT recognizes that the use of the payment module could be affected by problems and/or incorrect operation which are not the responsibility of ALLOPASS. The CLIENT expressly recognizes that ALLOPASS offers no guarantee of result as to the use, stability or actuality of the service resulting from the provision of the payment module. Following an Act of God, ALLOPASS may have to interrupt the services or suspend them for the period when it is impossible for it to to carry out its obligations. For the application of the present clause the following will be considered as causes for suspending the agreement and exoneration of responsibility: war, riots, partial or total strikes internal or external to the establishment, failure and destruction of hardware, stopping of the means of transport and of communication, bad weather, earthquakes, fires, storms, flooding, water damage, the requisitions or provisions of legislative or regulatory order bringing restrictions to the subject of the present agreement or to free circulation together with the cases used by ordinary jurisprudence in this regard. The obligations and confidentiality of information imposed by the French National Defence are also suspensive of the agreement with financial consideration. In the event these scenarios occur, ALLOPASS will be forced to substitute a reduced service for the contractual service. If one or other of the parties is in breach of one one or more of these obligations, the other party can start the anticipated cancellation procedure provided for in the general conditions.
Article 4 - Validity of the special conditions Neither of the two parties can unilaterally modify one or more clauses or provision of the present special conditions except if this modification is imposed by legislation applicable to the present conditions and any change to come. The parties expressly agree that the modification or annulation of one or more clauses or provisions of the present special conditions will have no effect on the other clauses or provisions.
Article 5 - Applicable law, competent tribunals The present special conditions are subject to the provisions of French legislation and regulations. As the service is executed in PARIS, all litigation relating to the validity, interpretation or execution of the present contract and after the failure of all conciliation, shall be subject to: The Commercial court of Paris ("Tribunal de commerce de Paris") if the CLIENT is a trader or commercial company. The Magistrate's court ("Tribunal d'Instance") or County Court ("Tribunal de Grande Instance") of Paris if the CLIENT is a natural person.
 6, rue Saint Joseph 75002 Paris. SAS with capital of 252,000 Euros, RCS PARIS B419164983 CNIL registration number: 779013 For all questions relating to the present contract, send an e-mail to contact@allopass.com.
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