Calenco Terms and Conditions

Website and services overview

NeoDoc provides information-processing services and software, as well as user training. It developed Calenco, a collaborative software platform for creating, managing, and publishing structured documents on multiple media. NeoDoc offers Customers access to Calenco services in SaaS mode (Software as a Service), i.e. an online enterprise application made available through www.calenco.com.

NeoDoc ensures data hosting and the security of the Calenco software.

By subscribing, the Customer chooses to subscribe to a plan in order to use Calenco in SaaS mode.

These general terms apply automatically to all Calenco users, whether subscribed or not. They govern access, use, and sale conditions for Calenco. Your use of Calenco and all related services provided by the Company (technical support, etc.) is therefore governed by these terms.

NeoDoc reserves the right to change or update these terms periodically at its sole discretion by publishing updates on its website or by any other notice. Your rights are governed by the version in force published on our website when your Calenco account is created. For each major change, the Company will alert you by email sent to your login email address.

Visitors are responsible for checking the latest versions published on the Calenco website. Registering for or using Calenco constitutes acceptance by the Customer of all terms and conditions.

Definitions

SUBSCRIPTION
the Customer’s right to use Calenco in SaaS mode. During the subscription period, NeoDoc provides the Customer with access to Calenco.
ADMINISTRATOR
a User designated by the Customer and specifically responsible for opening User accounts and managing credentials.
INCIDENTS
a malfunction degrading or preventing operation of the Services or one or more of their features.
CUSTOMER
the legal entity or individual signing this Agreement.
ACCOUNT
an account enabling the Customer to benefit from online Services.
CORRECTION
any incident fix not involving substantial changes to service functionalities provided by NeoDoc as part of maintenance.
DATA
all content, information, documents and, generally, all Customer data that can be accessed only by Users.
PERSONAL DATA
any information relating to an identified or identifiable natural person, directly or indirectly, including by reference to an identifier.
EVOLUTION
a new Software version including a new feature or regulatory adaptation.
CREDENTIAL
information allowing the Application to authenticate the Administrator or a User, including login and password, communicated after service registration.
CALENCO SOFTWARE
the software application designed to be provided to Customers in SaaS mode, authored by NeoDoc.
THIRD-PARTY SOFTWARE
standard software authored by a third-party publisher for which NeoDoc has rights enabling it to grant usage rights to Customers.
SUBSCRIPTION FEE
the price corresponding to one or more Services provided by NeoDoc during the Agreement term, billed monthly.
SAAS
online delivery of services through a platform accessible via the Internet.
USER
a natural person identified by name, surname, email address and organization name, under the Customer’s responsibility, with access to Calenco under this Agreement.

Purpose

This Agreement defines, from the subscription signature date, the nature and access conditions for the Customer to use Calenco in SaaS mode, as well as related information-processing services.

Technical support means customer assistance regarding software use. It is limited to technical help for using Calenco functionalities.

For each Subscription, NeoDoc grants the Customer: - a right to connect to Calenco in SaaS mode based on the selected plan; - hosting services and technical support services for Calenco.

Subscription

First subscription: service subscription is completed through the Calenco online platform. The person subscribing and paying online receives administrator rights on behalf of the Customer to manage User accounts and access rights.

The Customer may switch plans during the subscription period via the administration platform under the conditions described in the section regarding subscription changes.

The Customer may adjust the number of subscriptions and enabled features from the administration platform.

Increasing the number of subscriptions and adding features will be billed immediately for the current subscription period, with no management fees.

Decreasing the number of subscriptions and removing features during the contract term takes immediate effect and gives rise to a refund equal to 30% of the amount due for the remaining current period.

Connection to Calenco

Software access: The Software is accessible at the fixed URL live.calenco.com. This address may change during the contract. NeoDoc will inform the Customer within a reasonable timeframe (10 business days) to ensure service continuity.

User connection: The Customer must provide NeoDoc with each User’s name, surname, email address, and organization name.

The Software is accessed remotely using a login and password defined by the administrator when commissioning the software.

Login and password constitute proof of identity for each User and bind that User for all actions performed with those credentials. The Customer is fully and exclusively responsible for credentials and passwords.

Each declared User receives a unique individual connection. Credentials are personal and confidential. Access rights granted to each User are personal, non-exclusive and non-transferable.

For floating-connections plans, the number of registered Users may exceed the number of subscriptions, while simultaneous connections are limited.

The Customer must keep credentials confidential and not disclose them. The Customer alone bears consequences arising from third-party use.

In case of lost password, NeoDoc does not transmit forgotten passwords. Calenco provides an automated password reset service.

NeoDoc cannot be held liable for fraudulent use of login and password.

Hosting and support services

To provide the best service, NeoDoc operates hosting infrastructure in several data centers in the European Union. NeoDoc may change data centers at any time and commits to minimizing service interruption.

In all cases, NeoDoc commits to hosting data only in data centers located within the European Union.

Service quality commitment: NeoDoc commits to a SaaS service availability rate of 99.9%. Any planned service interruption will be communicated with at least 2 days’ notice.

User support: NeoDoc provides email support to Customers using Calenco, provided the Customer has first completed Calenco training. Replies are provided Monday to Friday, 9:00–12:00 and 14:00–17:00 (French time).

Term

This Agreement is formed on the date the Customer subscribes. Subscription term is one year, tacitly renewable, with a 1-month notice prior to the end of each period unless otherwise stipulated.

Financial terms

Subscription costs and terms are clearly indicated during signup and remain available online.

The Subscription is subject to payment of an annual Subscription Fee, as specified on subscription date.

Any payment method other than automatic card payment or SEPA direct debit is subject to a fixed €50 administrative handling fee per payment.

Prices shown on the site are in euros excluding taxes. The Customer is liable for applicable VAT at order date.

Training, technical assistance, and any services outside the defined offer are excluded from the Subscription Fee and billed separately.

NeoDoc reserves the right to change prices at any time.

Non-payment, even partial, of an invoice at due date results in suspension of Customer connections and service delivery until full payment is received.

A fixed compensation of €40 is due from the day after due date for any late payment.

Failure to pay the full Subscription Fee on due date is subject to a penalty of 25% of annual rent amounts, without prejudice to contractual interest and damages claims.

NeoDoc may terminate the contract if payment is not received within thirty (30) calendar days from formal notice.

Data

NeoDoc will provide, if needed, all useful information on implemented security and archiving systems so that the Customer can comply with applicable legal obligations related to Personal Data protection.

NeoDoc guarantees confidentiality and integrity of data through appropriate security measures (cryptography, firewall, antivirus, etc.) for both transmission and storage.

Data contained in Calenco content bases is Customer property, and the Customer has sole editorial responsibility.

Upon termination, the Customer must use standard export functions to back up all documents, modules and media files in their latest version.

As host provider, NeoDoc cannot be held responsible for stored content. The Customer alone is responsible for the quality, lawfulness and relevance of transmitted Data.

The Customer must inform Users that unlawful data is prohibited, including racist, discriminatory, pedophilic, terrorist or terrorism-promoting content.

Customer and Users are solely responsible for compliance of their Personal Data processing with GDPR and French data-protection laws. NeoDoc cannot be held liable for Customer non-compliance.

NeoDoc backs up Data daily for one month. Data can be restored within that period on request and quotation.

Intellectual property

Ownership of Calenco is protected by the Intellectual Property Code.

No intellectual property rights are transferred to the Customer through the subscription. NeoDoc remains exclusive holder of copyright and other IP rights over its software, components and associated documentation.

Calenco and NeoDoc trademarks remain the exclusive property of NeoDoc.

Without NeoDoc’s express authorization, the Customer may not reproduce, adapt, commercialize, decompile Calenco, or have it executed by a third party, except within the strict legal framework.

NeoDoc guarantees that its activity does not infringe third-party intellectual property rights.

Unavailability or slowdown

The Customer is informed of technical Internet constraints and possible interruptions. NeoDoc is not liable for unavailability or slowdown in access to Calenco.

Access may occasionally be suspended for maintenance required for proper platform operation. Where possible, interruptions occur outside business hours.

In case of unavailability or slowdown, the Customer cannot claim damages or compensation.

Limitation of NeoDoc liability

NeoDoc is not liable for damages caused by events outside contract coverage, including accidental data destruction by Customer/third party, fraudulent data use, viruses not due to NeoDoc fault, indirect damages (loss of profit, business loss, market loss, brand image loss), user workstation failures, or data-center issues not attributable to NeoDoc.

If NeoDoc fault is proven by the Customer, NeoDoc liability is limited to direct and foreseeable financial consequences.

In all cases, NeoDoc liability is strictly limited to reimbursement of amounts actually paid by the Customer at the date of the liability-triggering event, per User workstation, per day of interruption, based on the average of the previous 12 months’ consumption.

Customer responsibility

The Customer assumes full responsibility for software suitability for its needs, software operation and use, and User qualification and competence.

The Customer acknowledges receiving all information needed to assess software suitability and to take all precautions for implementation and operation.

The Customer is solely responsible for use of Calenco.

Validity period and termination

The Agreement takes effect on User registration date. Subscription starts for an initial one-year period (unless otherwise stated) and is then tacitly renewed for successive periods equal to the initial term.

The Company may revise fees at each renewal, with 30 days prior notice.

In case of Customer breach of contractual obligations, NeoDoc may terminate the Agreement automatically 15 days after formal notice remains unsuccessful.

The Customer may terminate the Subscription without notice. No refund of the current contract period is due for such termination.

Upon termination, the Customer must stop using all Calenco access codes.

Reversibility

Upon contract termination, the Customer may request free destruction or backup of hosted data. This request must be sent by registered letter within 30 days after termination date.

NeoDoc provides Customer data in XML source format within 10 days after receiving the request.

Requests submitted after 30 days are handled for a fee.

Unless otherwise agreed, hosted data is destroyed 3 months after contract termination.

At Customer request, NeoDoc may provide additional technical assistance as part of reversibility, billed at the rates in force on notification date.

Final clauses

The Customer is informed that assistance services require active and regular collaboration between both parties.

The Customer may not entrust any third party with support services on the software or modification work without NeoDoc’s prior written approval.

Each party undertakes to keep confidential all information and documents received from the other party. Confidentiality continues for one year after Agreement expiry.

NeoDoc may mention the Customer name and logo in reference lists for internal or external communication.

The Customer agrees not to solicit NeoDoc personnel during the contract and for 24 months after its end.

Parties are not liable in case of force majeure under article 1218 of the French Civil Code.

Any Agreement change requires a dated written amendment signed by each party.

No contract right may be assigned by the Customer without NeoDoc’s prior written consent.

In case of dispute, parties commit to seek an amicable solution before court action. If no agreement is reached within 3 months, either party may bring the matter before competent courts.

This Agreement is governed by French law. In the absence of amicable settlement, disputes are submitted to the competent court where NeoDoc’s registered office is located.