GENERAL CONDITIONS FOR USE OF THE ARCHIREPORT PLATFORM
1 – OBJECT
The ArchiReport platform (hereinafter the ‘Platform’) allows architects and contractors (hereinafter the ‘Users’) to monitor works in progress.
It can be accessed via a mobile app (hereinafter the ‘Mobile App’) or a web app (hereinafter the ‘Web App’). A presentation of the app can be viewed online at http://www.archireport.com (hereinafter the ‘Site’).
The purpose of these general conditions is to establish the terms and conditions for use of the services offered by the Platform (hereinafter the ‘Services’), and to set forth the rights and responsibilities of the various parties involved.
These general conditions can be accessed at any time using the direct link at the bottom of the Site’s web page, via the options tab in the Mobile App and at the bottom of the Web App menu.
The general conditions may be complemented where applicable by conditions for use relating to specific services; any such specific conditions shall prevail over these general conditions in the event of contradictions.
2 – PLATFORM OPERATOR, CONTACT DETAILS
The Platform is operated by the company Archireport (hereinafter ‘Archireport’), a simplified joint stock company registered at the Rennes Commercial Registry Office under number 531 980 605. The company’s head office is located at Le Gacel – 35 410 Saint Aubin du Pavail.
Archireport’s contact details (also applicable for complaints) are as follows:
Postal address: Le Gacel – 35 410 Saint Aubin du Pavail
Telephone: +33 2 23 25 61 98
E-mail address: firstname.lastname@example.org
3 – ACCESS TO THE PLATFORM AND SERVICES
3.1. LEGAL CAPACITY
The Platform may be accessed by:
- Any natural person who has full legal capacity to commit to these general conditions.
- Any legal person acting through a natural person who has the legal capacity to enter into agreements in the name and on behalf of the legal person.
3.2. PLATFORM RESERVED FOR PROFESSIONALS
The Platform is intended for professional use only. Professionals are understood to be any natural or legal person carrying on a regular remunerated activity, specifically in all the construction sectors, including architects, site managers and contractors.
3.3. DOWNLOADING THE APP
The Mobile App is downloadable and can be used on mobile tablets with IOS operating systems. The Web App can be used online on MacOS and Windows operating systems using the main web browsers in their most recent update : Chrome, Firefox, Safari, Internet Explorer.
The Mobile App can be downloaded from the appropriate digital media store.
Downloading is subject to the specific conditions of use applicable to the digital media store in question.
4. ACCEPTANCE OF THE GENERAL CONDITIONS
You are deemed to have accepted these general conditions when you validate your registration on the Mobile or Web App’s registration page. You must accept the conditions fully and in their entirety. Conditional acceptance is considered null and void. If you do not agree to be bound by these general conditions you should not access the Platform or use the Services.
5. REGISTERING ON THE PLATFORM
5.1. To use the Platform, you must either:
- Fill in the registration form; or
- Be registered on one of the third party sites mentioned on the Platform, such as Facebook Connect and Google Connect, and use your login details for said third party site to register on the Platform. In such cases, you must provide Archireport with any additional information that it may require. You expressly authorise Archireport to access your account details on the third party site in question.
In all cases, you must provide Archireport with all the information indicated as being mandatory. Incomplete registrations will not be validated.
When you register, an account (hereinafter the ‘Account’) will automatically be opened in your name, giving you access to a personal space (hereinafter the ‘Personal Space’). This will let you manage your use of the Services in the manner and using the technical means that Archireport deems to be the most appropriate for the purpose of rendering said Services.
You warrant that all the information you provide on the registration form is accurate, up-to-date and true, and that it is not in any way misleading.
You undertake to update said information in your Personal Space in the event of any changes, so that it always complies with the above criteria.
You are informed and agree that the information provided to register or update your account shall be deemed as proof of your identity. You shall be bound by the information you provide as soon as said information is validated.
If you wish to do so, you may synchronise your contacts list with the Platform when you register.
5.2. You may access your Personal Space whenever you wish by using your user name and password.
You undertake to use the Platform personally and not to allow any third party to use it in your place or on your behalf, unless you agree to take full responsibility for such use.
You are similarly responsible for safeguarding the confidentiality of your user name and password. You must inform Archireport immediately using the contact details provided in Section 2 if you detect any improper use of your Account. You grant Archireport the right to take all appropriate measures in the event of such an occurrence.
6 – DESCRIPTION OF THE SERVICES
You will have access to the following Services, in the manner and in accordance with the functionalities and technical means deemed appropriate by Archireport.
6.1. CREATION OF PROJECTS BY WORKSITE
The Platform lets you create an unlimited number of projects (hereinafter the ‘Project’), facilitating worksite monitoring.
When a Project is created, the following details can be included:
- The name of the Project;
- The name of client associated with the Project;
- The start date of the works;
- And the contractors working on the worksite, who are understood to be all the relevant construction industry personnel (hereinafter the ‘Contractors’).
The Platform also lets you include a description of the Project (hereinafter the ‘Description’), including, but not limited to, the following:
- A breakdown by lot and/or sub-lot, understood as types of activity;
- Photos, plans and drawings;
- Any kind of document related to the Project.
6.2. FOLLOW-UP ON WORKSITE MEETINGS THROUGH THE CREATION OF SUB-FOLDERS DOCUMENTING WORKSITE VISITS
When you create a Project, you can also create sub-folders relating to worksite visits (hereinafter the ‘Visit’).
The details you need to write up the progress report (hereinafter the ‘Report’) can be recorded directly on the Platform during the Visit. Such details may include, but are not limited to:
- The current phase of the Project and its progress;
- The date of the Visit;
- The management of Contractor attendances and absences.
- Any remarks made during the Visit, intended for the attention of the Contractors and relating to tasks to be carried out, any failings or defects detected, etc. (hereinafter the ‘Remarks’).
The Remarks may be formalised using the various tools provided on the Platform (drawings on all kinds of documents, image shooting, written comments, etc.) and can be addressed to a particular Contractor or simply included in the Project Description.
6.3. CREATION OF A PDF REPORT AFTER EACH VISIT
Using the information that you insert during the Visit, the Platform can automatically generate a Visit Report and manage the notifications to be sent to the Contractors convening subsequent Visits.
You can then send the Report to all of the Contractors whose contact details were inserted when the Project was created.
6.4. MONITORING THE PROGRESS OF THE PROJECT
During each Visit, you can consult the Remarks made on previous visits and confirm whether or not the issues have been addressed.
If they have not yet been addressed, they can be mentioned in the Report for the new Visit.
6.5. DATA STORAGE AND SHARING
The Platform lets you store your data on a secure server and also synchronises it.
Synchronisation is automatic but you can also instigate it yourself when using the Platform.
Thanks to this synchronisation, you can access all the data you input on the Platform regardless of the means used to access the Platform.
6.6. OTHER SERVICES
Archireport reserves the right to offer any other Service that it deems useful, in the manner and in accordance with the functionalities and technical means that it deems most suitable for the purpose of rendering said Services.
7 – DURATION OF THE SERVICES – UNSUBSCRIBING
The Services are provided in the form of a monthly subscription (hereinafter the ‘Subscription‘). The subscription can be either a monthly calendar subscription or a yearly calendar subscription.
The Subscription begins on the day that you take it out and lasts for one calendar month or one calendar year. It will be tacitly renewed on a monthly or yearly calendar basis unless it is cancelled by Archireport or by you no later than 24 (twenty-four) hours prior to the expiry date of the current month’s subscription or year’s subscription.
Informations about the monthly subscription with automatic renewal purchased on the Apple platform via the user iTunes account:
– The subscription concern the access to the Archireport services as the reports sending service and the datas storage on Archireport Cloud
– If the user choose to subscribe at a later stage, the amount of the subscription will charged directly after the subscription confirmation
– The subscription is automatically renewed each month unless this option is deactivated outside the 24 hours before the end of the current period
– The iTunes User account will be charged for renewal in the 24 hours before the end of the current subscription period, for an equal amount of the renewed subscription
– The subscription can be managed and the auto-renewal cancelled by the User in his App Store account preferences
– Every started month is owed.
– Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription to that publication, where applicable
– For every monthly subscription done on the Apple platform via the iTunes account, the subscription termination has to be done using his account preferences with his Apple Id
Regarding monthly or yearly subscriptions taken out on the ArchiReport Web App, you can cancel your monthly or yearly subscription through the Web App platform using your ArchiReport email and password in the « Manage subscription » menu.
In the event that Archireport cancels your subscription, you will be informed of the fact by e-mail.
Once a monthly subscription has begun, the cost is due in full.
8 – FINANCIAL CONDITIONS
The App can be downloaded from the Apple Store free of charge.
In order to use the Services, you must take out a monthly or yearly subscription as detailed in Article Seven of these conditions.
The cost of the subscription is advertised on the Site, on the App and on the Apple Store.
It does not apply until the month following the month during which you register. This means that the Services are provided free of charge for one month from the date of registering.
Unless stated otherwise, the cost of the subscription is shown in euros and includes all applicable French taxes.
Archireport reserves the right, at its discretion and subject to modalities that it alone deems appropriate, to make promotional offers or price reductions, particularly in the case of referrals of new Users.
8.2. PRICE REVIEWS
Subscription costs may be reviewed and changed by Archireport at any time and at its discretion.
Archireport will inform you of any such changes in writing (usually by e-mail) no later than one month before the new rates come into force.
Once the new rates have taken effect, they will apply to any subsequent renewals.
If you do not wish to continue your subscription at the new rates, you must cancel it using the methods described in Article Seven. Failure to cancel will be understood to mean that you have agreed to accept the new rates.
An invoice for the Services will be sent to you monthly or yearly using any appropriate means.
8.4. PAYMENT METHODS
You can pay for your subscription:
- Through your iTunes account; or
- By direct debit against your bank card.
In the latter case, payment is processed by Stripe which alone will store your bank details for this purpose. Archireport does not store any bank details. Stripe’s conditions available here : https://stripe.com/fr/privacy
The subscription fee will be charged on the date corresponding to the date on which you registered, starting from the month following registration.
You guarantee to Archireport that you have the necessary authorisations to use the payment method chosen. You undertake to ensure that the necessary measures are in place to allow the automatic monthly debit to be made successfully.
8.5. ARREARS AND ISSUES WITH PAYMENT
You are informed and expressly agree that any delay in payment in whole or in part of a sum on its due date shall automatically result in, without prejudice to the provisions of Article Twelve and with no prior notice required:
1. Any outstanding sums owed by you becoming immediately repayable;
2. Ongoing Services being immediately suspended until such time as all sums owed by you have been paid in full;
3. Archireport being entitled to receive interest on arrears to the value of three (3) times the current legal interest rate, calculated on the total amount owed by you, and a one-off recovery fee to the value of 40 (forty) euros.
8.6. REFERRAL PROGRAMME
The ArchiReport App launched its new referral programme on 16 September 2016.
The programme is aimed at all ArchiReport App members who want to refer new users. The programme gives you the opportunity to receive gift vouchers to the value of €20 when you refer new users who take out a one-year subscription to ArchiReport. Users referred by you will benefit from a 20% discount on their annual subscription.
Description of the referral programme:
Every ArchiReport member can refer one or more new users, who may or may not have an ArchiReport account. All you need to do is insert the new users’ e-mail addresses on the referral page of the ArchiReport App on iOS. This page can be reached by clicking on the ‘Refer a Friend’ button on the projects page in the App.
In order for the referral to take effect, your new user(s) must click on the link sent to them by e-mail, finalise their registration and take out a one-year subscription to ArchiReport. When your new user(s) take(s) out their annual subscription, they will benefit from a 20% discount on the cost of their first year’s annual subscription to ArchiReport.
Once your new user(s) have validated their annual subscription(s) and ArchiReport has received payment, you will be sent an electronic gift voucher to the value of €20. It takes 48 hours for your gift voucher(s) to be processed and sent to you. Electronic vouchers are sent by e-mail and are valid for twelve months from the date of receipt.
In order for referrals to be rewarded, the following conditions must be met:
Your new user(s) must validate your invitation(s), which will take them to the site https://web.archireport.com/subscribe. They must create an ArchiReport account, open the ‘Manage My Account’ menu and choose the option one-year subscription with 20% reduction. They must then pay on line by bank card.
Using your reward(s)
Once you have received your electronic gift voucher(s), you can use them against a list of items available at the following site: https://www.wedoogift.com/liste-enseignes.html. Vouchers are valid for twelve months from the date of receipt.
9 – YOUR RESPONSIBILITIES
Notwithstanding any other responsibilities provided for in these conditions, you undertake to fulfil the following responsibilities:
- When using the Services, you undertake to abide by the laws and regulations in force and not to infringe third party rights or public order.
- You acknowledge that you have taken note on the Platform of the characteristics and constraints, particularly those of a technical nature, that apply to the Services.
- You are solely responsible for the use you make of the Services.
In particular, you are informed and agree that the Platform is merely a tool and that you are solely responsible for any data, descriptions, reports and remarks that you insert on the Platform, for the people they are addressed to and, more generally, for the ways in which you make use of the Platform.
You are therefore solely responsible for content of any nature that you disseminate when using the Services (hereinafter ‘Content’). You guarantee to Archireport that you are fully entitled and authorised to disseminate such Content. You undertake to ensure that said Content shall be legal and not infringe public order, morals or third party rights, any legislation or regulations and, more generally, cannot in any way lead to Archireport being held civilly or criminally liable.
- You undertake to use the Services only for your personal use. You may not, therefore, assign, grant or transfer your rights and responsibilities under these conditions to any third party, in whole or in part, or in any manner whatsoever.
You are also responsible for safeguarding the confidentiality of your user name(s) and password(s).
- You undertake to provide Archireport with all the information it needs to properly perform the Services. More generally, you undertake to actively cooperate with Archireport with a view to the proper performance of the Services.
You are informed and agree that for the Services to be properly performed, certain information is required when creating Projects and particularly when inserting Contractors’ details.
- You are solely responsible for the security of the supports on which you install the App or from which you access the Site. You are advised to protect said supports with a password or any other appropriate security measure. You are similarly advised to make use of any existing tools and/or apps that allow you to remotely delete data stored on a mobile phone or tablet.
- You are informed and agree that an internet connection is needed for the provision of certain Services and particularly the Services referred to in Article 6.5. Archireport shall not be held liable for any data lost due to lack of synchronisation.
10 – USER GUARANTEES
You undertake to release Archireport from any liability in respect of any claims, complaints, legal action and/or demands that may be made against it as a result of your breach of any of your responsibilities or guarantees under these general conditions.
You undertake to compensate Archireport for any loss or damage incurred and to pay any costs, charges and/or fines that it may become liable for as a result of such an occurrence.
11 – PROHIBITED BEHAVIOUR
- You are strictly prohibited from using the Services for the following purposes:
- Any activity that is illegal or fraudulent or which infringes third party rights or safety;
- Infringement of public order or violation of current legislation and regulations;
- Intrusion into a third party’s computer system or any other activity intended to harm, control, interfere with or intercept all or part of a third party’s computer system, and breach its integrity or security;
- Sending unsolicited and/or prospecting e-mails or any other commercial solicitation;
- Manipulation intended to improve the referencing of a third party site;
- Assisting or encouraging one or more of the acts and activities described above in any form or manner whatsoever;
- And, more generally, any act that leads to the Services being used for purposes other than those for which they were designed.
- You are strictly prohibited from copying and/or using the concept, technologies or any other aspect of the Archireport Platform for improper use by yourself or third parties.
- The following are also strictly prohibited: (i) any act that could interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the Archireport systems, (iii) any improper use of the Platform’s system resources, (iv) any act that could overload the system infrastructure, (v) any infringement of security and authentication measures, (vi) any act that could be harmful to the financial, commercial or moral interests of Archireport or Users of its Platform, and lastly and more generally (vii) any breach of these general conditions.
- You are strictly prohibited from exchanging, selling or transferring all or part of your access to the Services or to the Platform, as well as to the information contained and/or shared therein.
12 – PENALTIES FOR DEFAULT
In the event that you default on any of the provisions of these general conditions or more generally infringe current legislation and regulations, Archireport reserves the right to take any appropriate measures and particularly to:
- Suspend your access to the Services if you are found to have committed or taken part in any default or infringement;
- Inform any relevant authority;
- Take any legal action.
In the event that you default on any of your responsibilities under these general conditions, Archireport similarly reserves the right to withdraw your access to the Services:
- Fifteen (15) days after your receipt of an unheeded formal notice sent to you by registered letter with proof of receipt, informing you of our intention to apply the provisions of this clause;
- or, in the event of repeated default previously signalled by registered letter with proof of receipt, withdrawal of access shall take effect automatically on the date of sending of the registered letter with proof of receipt informing you of the repeated default;
…without prejudice to any damages or interest that may be claimed from you.
Withdrawal of access to the Services automatically results in the closure of your Account, without prejudice to any other eventual consequences that may arise from the application of these general conditions.
13 – ARCHIREPORT’S LIABILITY AND WARRANTY
- Archireport undertakes to provide the Services diligently and in accordance with good professional practice but you must be aware and expressly agree that its responsibilities apply only to the means and never to any end result.
- Archireport has no knowledge of the Content that you insert on the Platform; it is responsible only as a provider of hosting services and shall not be held liable for said Content.
- Archireport undertakes to implement appropriate measures to safeguard the security and confidentiality of the Content that you insert in your Account.
However, Archireport shall not be held liable for the eventual loss of data inserted by you on the Platform if you have not implemented the synchronisation referred to in Article 6.5 of these conditions.
- Archireport undertakes to make regular inspections in order to ensure the proper functioning of and accessibility to the Platform. To this end,
- Archireport reserves the option to momentarily interrupt access to the Platform for maintenance purposes. Similarly,
- Archireport declines liability in the event of access to the Platform becoming momentarily difficult or impossible as a result of circumstances that may be caused by reasons over which it has no control, force majeure or disruptions on the telecommunications networks.
- Archireport does not warrant that: (i) the Services, which are continually being developed with a view to enhancing their performance and progress, shall be totally free from errors, imperfections and defects; (ii) the Services will respond specifically to the needs and expectations of any given User, since said Services are standardised and in no way specifically adapted to any User’s particular personal constraints.
- In any event, Archireport shall not be held liable to any User for the payment of damages or interest of any type, whether direct, material, commercial, financial or moral, arising from Users’ use of the Service, where the sum in question exceeds that invoiced by Archireport as remuneration for the Services that have rendered it liable, at the time when the incident giving rise to the claim occurred. Moreover, Archireport shall only consider claims submitted by the affected Users via registered letter with proof of receipt no later than one month after the incident giving rise to the claim.
14 – INTELLECTUAL PROPERTY
The systems, software, structures, infrastructure, databases and contents of any type (texts, images, videos, music, logos, brands, databases, etc.) operated by Archireport on the Platform are protected by all applicable copyright, intellectual property rights and database producers’ rights. Any disassembly, decompilation, decryption, extraction, reuse, copies and more generally any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without Archireport’s consent, are strictly prohibited and may lead to legal action being taken.
15 – PERSONAL DATA
Archireport operates a personal data protection policy, details of which can be found in the document entitled ‘Personal Data Protection Charter’, which you are specifically invited to read.
16 – COMMERCIAL REFERENCES
You expressly consent to Archireport quoting you and, where applicable, reproducing your brand or logo as commercial references, particularly during exhibitions or events, on its commercial documents and on the Site or App, in any form.
17 – CHANGES
Archireport reserves the right to change these general conditions at any time.
You will be informed of any such changes by any appropriate means no later than one month before they take effect.
The amended general conditions shall apply to any subscription renewed subsequent to their taking effect.
If you do not agree with the amended conditions, you must cancel your subscription as detailed in Article Seven.
If you use the Services subsequent to amended general conditions taking effect, you will be deemed to have accepted the changes in question.
18 – LANGUAGE
In the event of these general conditions being translated into one or more languages, and of any contradictions or disputes arising in respect of the meaning of a term or provision, the French version shall prevail over all others.
19 – APPLICABLE LAW AND JURISDICTION
These general conditions shall be governed by French Law.
In the event of disputes relating to the validity, interpretation and/or performance of the general conditions, the parties agree that they shall be settled exclusively by the courts of Paris, unless other legal requirements dictate otherwise.
20 – ENTRY INTO FORCE
These general conditions came into force on 1 May 2015.