1 - IDENTIFICATION

Head of publication : 
Michel ORMIERES
DEVELOPPEMENT CONSTRUCTION
A joint stock company of 300,000 Francs capital
RCS NANTERRE B 310 712 179
150, rue Galliéni - 92100 Boulogne Billancourt


Hosting :
BUSINESS & DECISION INTERACTIVE EOLAS
8, rue Voltaire - 38000 GRENOBLE
Website : www.businessdecision-interactive.com

2 – WEB SITE TERMS OF USE

The DEVELOPPEMENT CONSTRUCTION web site is a free audiovisual communication service solely for the personal use of web users.

Information on the Internet site is not contractual and may be altered without prior notice.

The Internet site and the information thereon are the exclusive property of DEVELOPPEMENT CONSTRUCTION, excepting rights held by third parties which DEVELOPPEMENT CONSTRUCTION has the right to use.

Any copying, representation, alteration, in whole or in part, by any means or on any medium whatsoever of the Internet site, not authorised by DEVELOPPEMENT CONSTRUCTION is thus strictly prohibited.

The Internet site as such is a database including, in particular, web pages, data and a list of reports produced by DEVELOPPEMENT CONSTRUCTION.
DEVELOPPEMENT CONSTRUCTION, as producer and publisher of the Internet site in addition prohibits users from :
- extracting, by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of web pages, data or the list of reports onto another medium or by any means and in any form whatsoever, including onto paper ;
- reusing, by making available to the public, in whole or in part, the qualitative or quantitative substance of web pages, data or the list of reports, in any form whatsoever.
- repeatedly or systematically extracting or reusing all or a qualitatively or quantitatively substantial part of web pages, data and the list of reports in manifestly excessive conditions of use ;
- extracting, even for private purposes, a qualitatively or quantitatively substantial part of web pages, data and the list of reports.

Any copying, reproduction, distribution, extraction by any means whatsoever, even in part of the Internet site and/or its content by web users without DEVELOPPEMENT CONSTRUCTION's consent is consequently unlawful and punishable under articles L.335-2 et seq., L.343-1 et seq. of the French Intellectual Property law by 2 years imprisonment and a 1 million French francs fine.

All brand names mentioned on the site are names registered by their respective owners.


3. HYPERTEXT LINKS

DEVELOPPEMENT CONSTRUCTION authorises web users to create a single hypertext link SOLELY to the first page of the Internet site, at the following address: www.developpement-construction.com.

The following are expressly prohibited: the creation of a link to the DEVELOPPEMENT CONSTRUCTION Internet site by means of frames, the direct launch or programs and requests of CGI, Java and other types from a remote site, and commercial use of the DEVELOPPEMENT CONSTRUCTION Internet site database.


4. ELECTRONIC DATA AND FREEDOM OF INFORMATION

Through your visits to the Internet site, DEVELOPPEMENT CONSTRUCTION may gather data about you including your name, either directly (when you are asked to provide data) or indirectly.

DEVELOPPEMENT CONSTRUCTION is may use and keep such data including your name that may be collected via the Internet site, in particular for the purposes of recruitment or for the distribution of commercial information on its products and services.

You are informed that this named data may also be notified or sold to third parties.

Where it includes personal details, this data is collected, processed and stored in compliance with the provisions of France's s 6 January 1978 law n° 78-17 on data protection. 

You have the right to access, amend, correct, oppose and delete this data relating to you by directly applying to DEVELOPPEMENT CONSTRUCTION.

Because of the very nature of the Internet, DEVELOPPEMENT CONSTRUCTION reminds you that data transmitted can be unlawfully intercepted by third parties and that there is no completely infallible security system.


5. COOKIES

DEVELOPPEMENT CONSTRUCTION is may place a cookie on the computers of web users who consult the Internet site. 

A cookie does not enable identification as such, but logs information about the navigation of your computer on the web site (pages consulted, date and time you logged on, etc.), that will be kept and used on subsequent visits to the Internet site. 

It is possible to bar cookies from your computer by configuring your web browser software as follows :

- With Internet Explorer 3 or 4 (Microsoft):Click "Display", "Options", "Advanced". Among the various warnings that you can enable, the fourth is entitled "Warn before accepting cookies" and, only on Internet Explorer 4, the fifth is entitled "Always refuse cookies" ;

- With Internet Explorer 5 (Microsoft):Click "Tools", "Internet options", "Security", then "Customise security level". Under the "cookies" heading, choose "Ask" or "Disable" for the both of the options proposed ;

- With Navigator Gold 3 (Netscape):Click "Options", "Network preferences", then "Protocols". Among the various warnings that you can enable, the first is entitled "Warn before accepting a cookie". You will then be warned when a cookie arrives and can bar it from being accepted by your navigator.

- With Communicator (Netscape) :
Click "Edit", "Preferences" and highlight "Advanced". Choose the option wanted.


6. GENERAL TERMS OF SALE

6.1. ORDERING REPORTS - APPLICATION AND OPPOSABILITY OF THE GENERAL TERMS OF SALE

Completion by the Client of the Order form duly completed and signed represents a firm, permanent order for the Report.

Submission represents acceptance in full and without reservation of these General Terms of Sale, excluding all other documents and takes priority over any terms of purchase, unless formally waived by ourselves.

If the Client wants the Report to take account of specific requirements, features or extra items as compared to the basic document selected on the Order form, the Client must so request in writing. DEVELOPPEMENT CONSTRUCTION will then provide a specific estimate which must be accepted before any work or research can commence. 

An agreement will be signed between the Client and DEVELOPPEMENT CONSTRUCTION, setting out the clauses, charges and terms of the agreements and specifying any terms that take precedence, where appropriate over these General Terms of Sale.


6.2. CONFIDENTIALITY

All reports, documents, information and databases on paper or in electronic form provided by DEVELOPPEMENT CONSTRUCTION, hereinafter referred to as the "Report", is for the Client's exclusive internal use and may not be communicated, even in part, to any person outside the Client's company.

The Client undertakes to comply and ensure compliance by its employees with the strictly confidential nature of the Report. 

Consequently, the Client will not sell, market or transfer the Report, even free of charge, to any third party, including to associate, parent or subsidiary companies, or those within the same grouping, club, union or association of building manufacturers and/or professionals.

Any use of the Report by the Client beyond there terms consequently exposes the Client and/or any other party involved to legal proceedings.


6.3. INTELLECTUAL PROPERTY RIGHTS

DEVELOPPEMENT CONSTRUCTION remains exclusive owner of the Report. Its rights to the Report are protected by the provisions of France's Intellectual Property Act.

The Client's order for the Report does not in any way transfer the related intellectual property rights.

Thus the Client is only granted the personal right to use the Report strictly on condition that it is only used internally by the Client.

Any copying, representation or alteration, in whole or in part, by any means or on any medium whatsoever, not authorised by DEVELOPPEMENT CONSTRUCTION is strictly prohibited.

DEVELOPPEMENT CONSTRUCTION also reserves all rights to copying by photocopier or any other means made for the purposes of sale, rental, advertising or promotion or any other commercial use.


The Client is nonetheless reminded that the Intellectual Property Act allows :

- « copying or reproduction for personal use alone, but not for any form of communal use" (article L.122-5 Intellectual Property Act) ;

- « on condition that, analyses and short quotations justified by the critical, polemic, educational, scientific or informational nature of the work in which they are incorporated include the name of the author and the source are clearly stated", (article L.122-5 of the Intellectual Property Act).

In addition, DEVELOPPEMENT CONSTRUCTION, as producer and publisher of the databases in the Report, beyond the rights of use that are specifically granted, prohibits the Client from :
- extracting, by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the Report to another medium, by any means or in any form whatsoever, including onto paper, for any use by third parties;
- reusing, by making available to the public, all or a qualitatively substantial part of the content of the Report, in any form whatsoever.

Any total or partial representation, copying or distribution by any means whatsoever of the Report done by the Client other than under the above provisions and/or without the DEVELOPPEMENT CONSTRUCTION's consent is consequently unlawful and is punishable under articles L.335-2 et seq., L.343-1 et seq. of the Intellectual Property Act by 2 years imprisonment and a fine of 1 million francs.


6.4. GENERAL PROVISIONS

6.4.1 Means of supplying the Report

The Report will be supplied by DEVELOPPEMENT CONSTRUCTION within a period of 10 days from receipt of the duly signed Order and of payment of the corresponding price, or depending on the actual date of its completion in the instance of an order for a report that is not yet completed.

The Report will be forwarded to the Client by post.

In the instance of an order for a report together with specifications and/or additions on which the Client and DEVELOPPEMENT CONSTRUCTION have previously reached agreement, the Report will be supplied in the form, in accordance with the methods and deadlines stated in the agreement signed between them.



6.4.2 Price - Terms of payment

The prices of Reports made available by DEVELOPPEMENT CONSTRUCTION are available on request by the Client. In addition, once the Client has selected the Report of its choice on the Order form, the price is immediately shown on the said Order Form, thus providing instant, up-to-date information.

The Report is payable, as stated on the Order form, by cheque enclosed with the Order Form or on receipt of the invoice sent by DEVELOPPEMENT CONSTRUCTION.The Report will only be supplied to the Client on receipt of the full price.

In the event of DEVELOPPEMENT CONSTRUCTION supplying a specific report, the price is payable under the terms and within the period stated in the agreement signed with the Client. Interest at the legal rate will be applied on any delay in payment for the specific report.


6.5. LIABILITY

DEVELOPPEMENT CONSTRUCTION compiles Reports with all due care and in accordance with good custom and practice in the industry, and using current technical data.

It is expressly stated and agreed by the Client that DEVELOPPEMENT CONSTRUCTION, supplier of the Reports, is held to an obligation of means.

In addition, DEVELOPPEMENT CONSTRUCTION makes available to the Client themed documentation which is not compiled specifically for the Client, but which concerns a given subject, treated outside the specific context and providing the Client with a general description of the subject concerned. Any subsequent concrete use that the Client may make of the content of the Report is its own, sole responsibility.

So in the event of action against DEVELOPPEMENT CONSTRUCTION, the Client shall not be able to claim an amount of damages greater than the price of the Report and whatever the circumstances, DEVELOPPEMENT CONSTRUCTION cannot be held in any way liable for any damage resulting from an enterprise undertaken by the Client by means in particular of components contained in the Report, which is not specific to its own particular case.

The Client recognises the scope of this clause which it expressly and irrevocably agrees to.



6.6. DATA PROTECTION

The electronic file of the Report ordered is registered with the French National Data Protection Agency.

The Client has a right to access, amend, rectify, oppose and delete named data on it by applying directly to DEVELOPPEMENT CONSTRUCTION.


6.7. APPLICABLE LAW - COMPETENT COURT

These General Terms of Sale, and any additional records and documents supplementing or amending it are subject to French law.


ANY DISPUTE THAT MAY ARISE IN RELATION TO THESE GENERAL TERMS OF SALE, THEIR INTERPRETATION, PERFORMANCE AND CONSEQUENCES, OR WITH DOCUMENTS SUPPLEMENTING OR AMENDING THEM, WILL FALL WITHIN THE COMPETENCE OF THE NANTERRE COMMERCIAL COURT.

This web site is protected by an IDDN record.

Contact the webmaster : t.woelflinger@dev-construction.com