General Terms & Conditions of Sale
General Terms and Conditions of Sale
These Terms and Conditions of Sale are current as of September 12, 2022.
Between: Hereinafter Leikir Web
Leikir Web, a SAS company with a capital of 1,000 euros, registered in the Paris Trade and Companies Register under number 819 886 128, whose registered office is located at 42 rue Monge, 75005 Paris and whose VAT number is FR05 819 886 128.
And: Hereinafter the Client
Together referred to as “the Parties” and separately as “a Party
Leikir Web is a software company that provides a solution called Pacomail that allows you to capture emails and not really send them, using a fake SMTP server.
1. General information
The Pacomail website and web application are published by Leikir Web, a SAS company with a capital of 1,000 euros, registered in Paris under the number 819 886 128, whose head office is located at 42 rue Monge, 75005 Paris and whose VAT number is FR05 819 886 128. The publishing director is Julien Dussart.
Leikir Web is a software company that provides a solution to capture emails in order to not send them, using a fake SMTP server.
The website pacomail.io and the web application app.pacomail.io are hosted by Scaleway SAS, whose head office is located at 8 rue de la Ville l’Evêque, 75008 Paris.
Words and phrases beginning with a capital letter have the following meaning, whether used in the singular or plural:
- “Web Application”: means the application software developed by Leikir Web in web version available on app.pacomail.io.
- “GTC”: means these general terms and conditions of sale and any documents supplementing them.
- “Personal Account”: means the account created by each User to access the Services.
- “Login credentials” means the email address and password that allow each User to log in to their Personal Account.
- “Software License”: means the agreement entered into as a result of acceptance of these T&Cs, which authorizes the User to use the Solution under the conditions described herein.
- “Service”: means the service(s) offered by Pacomail via the Web Application, which allows any User to capture emails.
- “Website”: refers to the Internet site accessible at the address www.pacomail.io, for the Web Application from the address app.pacomail.io, as well as all of their sub-domains, all of its elements and content (graphic charter, frames, banners, images, web and video animations, source code, etc).
- “Solution” means all the technology developed and Services offered by Pacomail via the Web Application.
- “User” means any person using the Solution to capture email under this Software License.
- “Customer”: refers to any person, legal or natural, having subscribed to the legal subscription offer and having the status of a professional within the meaning of the Consumer Code.
3. Purpose and acceptance of the GTC
The purpose of the GTC is to define the general conditions of sale of the Web Application.
The use of the Pacomail Solution and the capture of emails are subject to the acceptance of these GTC, which constitute the Software License Agreement.
When paying for a plan, the User is asked to read and accept the GTC before continuing to use the Solution. The acceptance of the GTC is full, complete, indivisible and without reserve.
Leikir Web reserves the right to adapt or modify at any time the terms of the GTC, the functionalities offered on the Site and on the Application or their operating rules.
These GTCs govern the contractual relationship between the Parties. The GTC apply to professionals only, excluding consumers. As such, the Customer acknowledges having the quality of a professional, in accordance with the provisions of the applicable Consumer Code. The Client acknowledges having the authority to bind the company.
4. Presentation of Pacomail’s activity and services
Leikir Web is a software company that provides Users with the Solution to enable Users to capture and edit emails.
The Pacomail Solution is composed of a technology including software and equipment allowing the following services to be offered
- Creation by the User of a Personal Account allowing access to the Service.
- Configuration of a fake SMTP server by the User.
- Email capture.
- Viewing and editing emails
- Creating and viewing emails
- A help center for all questions related to the Services provided by Pacomail.
Leikir Web has no control whatsoever over the content of emails captured, created or edited by Users.
Leikir Web cannot guarantee that the Site, the Web Application and the Services offered therein will be accessible at all times and without interruption or breakdown, as access to the latter may, in particular, be suspended for reasons of developmental or corrective maintenance, technical or computer difficulties or circumstances beyond the control of Leikir Web.
Leikir Web does not guarantee that the Site and the Web Application will be free of anomalies, errors or bugs, or that these can be corrected, or that the Site or the Application will be compatible with the User’s equipment or its configuration.
5. Personal account
In order to access all the Services, the User must first create a Personal Account. On this occasion, the User must provide information on the Web Application to identify him/her (name, first name), communicate a valid e-mail address, which will serve as a connection identifier, and choose a connection password (together, the “Identification Elements”).
The User is required to update his Identification Elements and undertakes not to communicate incorrect or false information when creating or updating his Personal Account.
The Connection Identifiers are specific to the User and reserved for his personal use. Consequently, the User undertakes not to communicate the Connection Identifiers to a third party. In any event, any act performed with the User’s Login Credentials will be considered to have been performed by the User and under his responsibility. The User therefore acknowledges that he/she is fully responsible for the use of his/her Login Information or Personal Account.
In the event of unauthorized use of a User’s Login Information or Personal Account by a third party, Leikir Web shall in no way be held liable to the User concerned and the latter must inform Leikir Web of this situation without delay by e-mail to: email@example.com.
The User may request the deletion of his Personal Account at any time by sending a request to this effect by e-mail to the Pacomail customer service at firstname.lastname@example.org. The effective deletion of the Personal Account leads to the destruction of all emails saved by Pacomail.
This Software License is granted on a pay-per-use basis worldwide, and solely for Customer’s internal use.
All emails captured, created or edited by User under the Software License are and remain User’s. They may be used / exploited by the User during the entire duration of the Software License, and provided that the use of emails is in accordance with these GTC.
The User shall not use the Solution other than in accordance with its documentation and these GTC. The User may not reproduce, translate or modify the Software and its documentation, in whole or in part. In view of the strictly personal nature of this License, the User may not assign or transfer to a third party, even free of charge, all or part of the rights it holds under this License.
The User is also prohibited from directly or indirectly :
- allow any third party (whether by license agreement or otherwise) to use, reproduce or modify the Solution;
- use the Solution to develop or permit the development of works derived from all or part of the elements comprising the Solution.
Leikir Web does not grant any warranty hereunder, the Software being provided as is on the date of acceptance of these GTC.
Leikir Web declares that it has all the necessary rights to grant the right of use that is the subject of this document.
Maintenance: Leikir Web does not undertake any curative or evolutionary maintenance under the present license granted free of charge.
7. Duration and termination
7.1 Monthly Payment Plans
The contract takes effect from the date of activation of the service for the initial and firm duration (“Initial Term”) of one (1) month. At the end of this initial Term, the contract is renewed by tacit agreement for a period of one (1) month and therefore new subscription fees will be due monthly.
7.2 Termination of Monthly Payment Plans
The contract may be terminated at any time, after one (1) month, by sending a written request to email@example.com. The amount paid for the subscription in the month of termination is refunded in proportion to the use already made. The Customer can also request to terminate his subscription via his customer area by clicking on the “Upgrade” button and then choosing the free plan by clicking on the “Start” button or by deleting his account by clicking on “Settings” and then on “Delete Account”.
7.3 Annual Payment Plans
The contract takes effect from the date of activation of the service for the initial and firm term (“Initial Term”) of one (1) year. At the end of this Initial Term, the contract is renewed by tacit agreement for the same duration and therefore new subscription fees will be due annually.
7.4 Termination of Annual Payment Plans
The contract may be terminated at any time by sending a written request to firstname.lastname@example.org. The amount paid for the subscription in the month of termination is refunded in proportion to the use already made. The Customer can also request to terminate his subscription via his customer area by clicking on the “Upgrade” button and then choosing the free plan by clicking on the “Start” button or by deleting his account by clicking on “Settings” and then on “Delete Account”.
8. Termination for gross misconduct
Subject to the provisions of public order, Leikir Web and the Client may terminate the Contract in the event of serious misconduct that has not been remedied within thirty (30) days of formal notice, subject to notifying the other Party of their decision by registered letter with return receipt.
Constitutes a serious fault (i) the failure of a Party to remedy a serious breach of contract within fifteen (15) days of a formal notice sent by registered mail with return receipt, (ii) non-payment in whole or in part of an invoice when due by the Customer.
The following constitutes serious misconduct:
non-payment of an invoice
the violation by the Customer of the scope of the rights granted to him under the contract
an attempt by the Customer to intrude on or undermine the integrity of the Solution
In the event of early termination of the contract to the detriment of the Customer, whatever the cause, all sums remaining due by the Customer shall be immediately payable without prejudice to any damages that may be due to Leikir Web. Furthermore, the defaulting Party undertakes to compensate the other Party for all proven damages suffered by it and resulting from the termination of the contract as a result of the defaulting Party’s failure to perform its contractual obligations.
In consideration of access to the service under the conditions set forth herein, the Customer agrees to pay Leikir Web a fee for use of the service. In the event of early termination of the contract for any reason whatsoever, the Customer shall be reimbursed on a pro rata basis for the use of the Service already made. The amount of the remuneration of the service is indicated on the Site, in euros excluding taxes. The rates indicated on the Site are those in effect on the day the contract is signed. The fee for the service is payable upon signing the contract. Payment for the service will be made by monthly or annual direct debit depending on the plan chosen. The amounts due to Leikir Web do not include the cost of the Internet connection, which remains the responsibility of the Customer. Leikir Web may modify the amount of the remuneration of the service subject to informing the Customer by any means at least fifteen (15) days before the entry into force of this tariff modification. The new service fee only applies to the renewal of the service: the month following the notification to the Customer for monthly payment plans, the year following the notification to the Customer for annual payment plans. The Customer is free to object to the change in rate by sending a cancellation request to email@example.com within fifteen (15) days of the notification to the Customer. In the absence of a termination request within this period, the Customer is deemed to have accepted the new remuneration for the service.
These GTCs govern the contractual relationship between the Company and the Client who accept them without reservation. After acceptance of these General Terms and Conditions and validation of the order, the contract is validly concluded between Leikir Web and the Customer and binds them irrevocably. An email confirming his order request will then be sent to him. Leikir Web recommends that the Customer keep the information contained in the order confirmation drawn up for him by Leikir Web, either on paper or in electronic form. Orders placed by the Customer are therefore firm and irrevocable and are subject to these GTC.
Leikir Web reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The prices are mentioned on the Site in the description of the service, in euros excluding taxes. The total amount is indicated in the summary of the order, before the Customer accepts these GTC, validates his order of service, fills in and validates his billing information and proceeds to the payment. This total amount is indicated excluding taxes and including all taxes. The order of the service on the Site is payable in euros. The totality of the payment must be realized at the day of the order by the Customer, by direct debit or credit card.
The Site uses the Stripe security system for payment by credit card, a service provider specializing in the security of online payments. This system guarantees the Customer the total confidentiality of his banking information. The banking transaction, carried out between the Customer and the chosen secure system is thus entirely encrypted and protected. The Client’s bank details are not stored electronically by Leikir Web. The Customer may not, under any circumstances, make any deduction between the sums that Leikir Web may owe him and the sums that he owes to Leikir Web, unless the latter expressly agrees to do so. Insofar as it is applicable, VAT will be added by Leikir Web to the invoiced amounts. Leikir Web reserves the right to suspend or cancel any supply of the Solution in the event of non-payment or partial payment of any amount owed by the Customer to Leikir Web. In case of non-payment of an invoice on its due date, an interest at the legal rate in force increased by four (4) points will be automatically applied by Leikir Web until full payment, without prior notice. In accordance with Articles L.441-6 of the French Commercial Code and D.441-5 of the French Commercial Code, any delay in payment shall automatically entail, in addition to late payment penalties, an obligation on the part of the Customer to pay a fixed indemnity of forty (40) euros for collection costs. When the recovery costs incurred are higher than the amount of this fixed compensation, Leikir Web may request additional compensation, upon justification.
The Company undertakes to respond to any claim within a maximum of ten (10) working days from receipt of a written request addressed to firstname.lastname@example.org.
13. Obligations of the User – Guarantees
User warrants that he/she has sufficient rights (including copyright) to the content he/she uses to capture, create or edit emails. The user guarantees Leikir Web against any recourse resulting from the use of the above-mentioned content.
The User undertakes not to use the Solution and the Services offered therein for illegal or fraudulent purposes or in a manner that contravenes public order or good morals or that is prejudicial in any way whatsoever to Leikir Web or to any third party. The User must also refrain from any act of piracy in any form.
In the event of a breach by the User of any of the stipulations of the GTC, Leikir Web reserves the right to proceed with the deletion of the User’s Personal Account, unilaterally and without compensation, after sending a formal notice to the User at the email address provided in the User’s Personal Account, which has remained unsuccessful for a period of forty-eight (48) hours from the date of sending.
The User expressly authorizes Leikir Web to keep the captured, created and edited emails without any time limit.
14. Responsibility of Leikir Web – Limitations
Leikir Web is only bound by an obligation of means in the context of the Services it provides.
As part of this obligation of means, it undertakes to keep confidential the information contained in the emails and to make its employees and agents who may have access to the emails subscribe to such an undertaking.
In any event, Leikir Web’s liability is expressly limited to the amount paid by the User under the License.
In no event shall Leikir Web be liable for any unforeseeable, indirect or consequential damages such as, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss or damage to brand or reputation, etc.
In the same way, Leikir Web cannot be held responsible for (i) a total or partial impossibility to access the Web Application or to use the Services offered therein due to an electronic communications operator and/or access provider, (ii) a fault or negligence on the part of the User or an incompatibility of the equipment used by the User or its configuration with the Site or the Web Application or the Services offered, (iii) by a third party or third party software, or (iv) an event of force majeure, including the interruption of the means of telecommunications for any reason whatsoever.
15. Personal data
The personal data communicated by the User in order to use the Solution allows Leikir Web to manage the relationship with the User, to provide the proposed Services, and to send commercial offers to the User if necessary. The data required by Leikir Web are first and last name, e-mail address, organization, role within the organization and number of employees. If these mandatory data are not mentioned, the Personal Account cannot be created.
Leikir Web is the controller of the data collected on the Web Application.
The recipients of the data are Leikir Web and its subcontractors. The User expressly accepts that his or her personal data may be stored, processed and transferred by Leikir Web to its subcontractors, including in other countries of the European Union, who may only access this personal data for the purposes of providing the Services and in compliance with the legal and regulatory provisions in force.
In accordance with Article L. 223-2 of the French Consumer Code, the User is informed that if he or she does not wish to be the subject of commercial prospecting by telephone, he or she may register on the telephone canvassing opposition list, available at the address www.bloctel.gouv.fr.
In accordance with Law No. 78-17 on information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the User has the right to access, rectify, modify, object to, delete, erase, limit the processing of, and port personal data concerning him or her, as well as the right to define directives concerning the fate of his or her personal data after death. The User may exercise this right by sending a letter to the Leikir Web customer service department at 42 rue Monge, 75005 Paris, France, or a request by e-mail to email@example.com. Any such request is free of charge, does not have to be justified and may be made at any time, including after the collection of the User’s personal data. However, it must be signed, accompanied by a photocopy of the User’s identity card bearing his or her signature, and specify the address to which the reply must be sent. A reply will be sent to the User within two months of receiving the request.
Personal data communicated by the User when using the Website or the Web Application are kept by Leikir Web for no longer than is necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data provided by the User will be automatically deleted.
16. Intellectual Property
Leikir Web is the exclusive holder of the intellectual property rights relating to the Site, the Web Application and their content (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands, logos, domain names, etc.).
Any representation, reproduction, modification, adaptation, translation, publication, or exploitation of all or part of the Site or the Web Application or of the elements or data that make it up is formally prohibited without the prior written consent of Leikir Web.
The use of hypertext links and/or hyperlinks pointing to the Site is authorized by Leikir Web provided that it is done for the sole purpose of promoting Pacomail and provided that the integrity of the Site is preserved and that no risk of confusion between the Site and sites published by third parties can be observed. Any other use is prohibited without the prior written consent of Leikir Web.
In particular, Leikir Web formally prohibits any User from using techniques known as “framing”, “inline linking” and “deep-linking” involving the unauthorized slavish reproduction of the content of the Site and its integration on web pages published by third parties.
17. Applicable Law – Competent Jurisdiction
These terms and conditions are governed by, interpreted and submitted to French law.
Any dispute relating to the GTC or to the Services offered and/or subscribed to via the Web Application that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French courts.
The original version of these GTC was written in French before being translated into other languages if necessary. These translations are provided as a courtesy and for information purposes only. In the event of a dispute over the content or interpretation of the GTC or in the event of inconsistency or difference between the French version and a translated version, the French version shall prevail and be binding unless otherwise provided by national law.
18. Miscellaneous provisions
18.1 Partial Invalidity
If one or more provisions of the GTC are considered invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions of the GTC will keep all their force and their scope.
Leikir Web remplacera la ou les dispositions invalidées par une disposition ayant un effet économique équivalent.
The fact that Leikir Web does not avail itself at a given time of one of the stipulations of the GTC shall in no case be considered as a waiver on its part of any of the stipulations of the GTC at a later date.
18.3 Electronic Exchanges
By using the Website and/or the Web Application, the User accepts that communications and exchanges with Leikir Web and the contractual documents are carried out in electronic format and sent by electronic means. The “OK” button associated with the double-click, authentication and non-repudiation procedure also constitutes a valid electronic signature.