General Conditions of Guarantee, use of Support Services and training
Sysnext is the distributor of a solution, software and hardware, product shooting. This Solution is also marketed under the brand name of PackshotCreator or Ortery depending on the country. Sysnext offers assistance in connection with that solution. These offers are packaged under various services and presented on the website: https://www.packshot-creator.com. The Customer, as hereafter defined, has decided to subscribe to one of these offers and has added a support and/or training service to his order. These general terms and conditions define the rights and obligations of the parties in the provision of the Assistance services ordered by the Customer.
The terms defined below, whenever they begin with a capital letter in these general conditions and annexes, be used in the singular or in the plural, the meaning attributed to them hereafter:
General Conditions: refers to these General Conditions and Annexes.
Sysnext: designates Sysnext, a simplified Action company with a capital of 1 000 000 euros, which has for head office 6, rue Antonin Raynaud, LevalloisPerret (92300), and registered at the RCS of Nanterre.
Parties: collectively means Sysnext and the Customer, and individually one of them. Order: designates the order placed by the Customer to benefit from the support.
Product: designates the material: cabinet, lighting, turntable, manual or motorized arm.
Software: means software(s) of piloting, shooting, creating simple (2D) or animated visuals (360 °).
Solution: designates the product assembled to the software.
Account: means the private interface allowing the Customer to manage his/her account and submit Intervention tickets via the e-support platform which is located at the following address: https://esupport.packshot-creator.com/.
Working hours: from Monday to Friday (excluding public holidays), from 9:00 to 12:30 and from 1:30 p.m. to 6:00 p.m., French time.
Offer of assistance: designates all offers of assistance (installation, advice, production, training) proposed by Sysnext to its customers and listed in the annex---. It can take place on the premises of the customer, in the premises of Sysnext, or online by sharing screens.
Ticket: refers to the customer's request to obtain support on a given subject.
Knowledge Base: refers to a library of articles written to the customer's attention to help with the installation or use of the Solution.
Price: means the cost of the Assistance offer as set out in the offer chosen by the customer and subject to the order.
2. Acceptance of the General Conditions
The General Conditions are intended to define the rights and obligations of the customer and Sysnext in the context of the offer of Assistance and the provision of the support.
The Customer is duly informed that the support and the offer of Assistance are exclusively reserved for professionals within the meaning of the consumer law and declare to have that quality.
This declaration is decisive of the willingness to contract Sysnext, the price of the offer of Assistance having been defined according to the exclusions and limitations of liability provided in the General Conditions.
The full and complete acceptance, without reservation, by the Customer of the General Conditions is deemed to be given when he has checked the box "I accept the general conditions" when ordering or during any update.
Failing to check this box, the subscription to a service offering assistance is impossible and not valid, which the Customer recognizes.
3. Modification of the General Conditions
Sysnext reserves the right to modify at any time the General Conditions, those changes take effect as soon as they are published on the website at this address: https://www.packshotcreator.com/ftp/SYSNEXT_CGV_EN.pdf.
The amendments will come into force as soon as they are put online on the Sysnext website and apply to any new orders or renewals subsequent to their entry into force.
4. Product Guarantees
Sysnext guarantees a product guarantee lasting one year to its Customers, from the date of receipt of the order.
The conditions of warranties are found in the General Conditions of sale, available at this address: https://www.packshotcreator.com/ftp/SYSNEXT_CGV_EN.pdf
The subscription to a guarantee offer does not cover any offer of Assistance, troubleshooting, priority telephone support.
5. Supply of assistance
The offer of assistance is the assurance to the customer that a technical expert reserves his time to grant him support. The duration of that time will vary according to the offer of Assistance subscribed by the Customer. In general, any time of the offer of Assistance started will be counted as a full hour, even though the actual time of delivery of the support would be less.
The subscription to an offer of Assistance does not cover any offer of product guarantees.
6. Submission of tickets
Sysnext is committed to technical support to the customer during working hours exclusively, upon submission of a ticket.
Tickets can be submitted at any time, if the customer is experiencing a problem with the use of his/her Solution, at this address: https://esupport.packshotcreator.com/portal/newticket
Sysnext also let available for its customers a knowledge Base located at the following address: https://esupport.packshotcreator.com/portal/kb/packshotwiki.
These items, provided as a courtesy, have an indicative value and some may be obsolete or have errors.
As an express Agreement, the Sysnext obligation for the provision of support is regarded as a mere obligation of means, Sysnext committing itself to make its best efforts to deal with the need or difficulty expressed by the customer in the Ticket, without any guarantee of result.
Sysnext offers its Customers training services aimed at, providing complete and personalized coaching according to the needs of the Customer, in the discovery and learning of the Solution. Depending on the duration of the training, whether online or onsite, our expert trainers will introduce you to your equipment to improve your practice with your Solution.
8. Price and costs related to Assistance offers
The prices of the assistance offers are fixed, but vary depending on the duration and the renting of the assistance. Expenses such as travel, catering and accommodation are the responsibility of the customer.
9. Client cooperation
Client undertakes to provide Sysnext with all the cooperation necessary for the processing of tickets, and the offer of Assistance, which may, in particular, require a takeover of the client's workstation through a session of Screen sharing organized by Sysnext.
10. Customer's data
Customer undertakes to provide all documents and information deemed necessary for the completion of his/her offer of Assistance or the management of his/her Ticket.
The customer agrees to provide accurate and up-todate data. Any data provided by the customer to Sysnext will be deemed accurate.
The Customer is solely responsible of the safeguarding and protection of his/her data and undertakes to do all necessary and appropriate measures to preserve the integrity of his/her data before and after any intervention by Sysnext, and in general during the supply of the support or the offer of Assistance.
Sysnext may terminate unilaterally and without notice the offer of assistance, by notification to the customer by any means and without further formality, in one of the following cases:
● Failure to pay the price of the offer of assistance by the customer;
● Breach by the Customer of his/her obligation to not solicit staff;
● Dissemination by the Client of disparaging remarks against Sysnext or his/her Solution;
● Providing erroneous information from the customer.
The termination of the offer of Assistance for one of these reasons will not give rise to any refund of the customer. It is specified as necessary that this clause excludes the need for Sysnext to have the termination made by judicial means.
12. Non-solicitation of personnel
The Customer undertakes not to make a hiring proposal or to hire, directly or indirectly, a member of the staff of Sysnext for the duration of the supply of the offer of assistance and/or training and for a period of one year after the end of their supply.
In the event of non-compliance with this clause, the customer undertakes to pay Sysnext a lump sum allowance corresponding to two years ' remuneration for each member of the poached staff.
13. Convention on evidence
The information contained in the account or by email, and in particular those relating to tickets, the time of supply of the support, the offer of Assistance and training shall be considered as having probative force between the partie. As such, the Customer authorizes Sysnext, subject to compliance with its confidentiality obligations, to register all information relevant to the preservation and establishment of such evidence