BETWEEN THE UNDERSIGNED:
SASU “IHTConsulting,” located at 16 avenue graham bell 77600 Bussy Saint Georges, registered with the RCS of Meaux under the number 503 726 424, represented by Yohan Azoulay in his capacity as Director,
Hereinafter “The Service Provider”
On the one hand,
The client whose address will be indicated in their customer account, hereafter referred to as “The Establishment.”
It has been agreed as follows:
ARTICLE 1: PURPOSE OF THE CONTRACT
This contract aims to define the relations between the service provider and the establishment within the framework of the “MediTrust” service. The establishment has chosen to implement this service in its establishment.
ARTICLE 2: DESCRIPTION OF THE SERVICE
PATIENT & CUSTOMER EXPERIENCE
MediTrust is a web application that allows the establishment to send an email to patients to allow them to express their appreciation regarding the received experience.
Operation: Once the questionnaire has been filled out by the CONTACT, if the average score is considered satisfactory (threshold to be defined in the application), it will then be suggested to the patient to go directly to the establishment’s Google page to leave their review. If the average score is considered unsatisfactory, the patient will be invited to enter a message to express their dissatisfaction in more detail, or the application will thank them for taking the time to answer the questionnaire (adjustable parameter in the application).
The establishment will have the possibility to consult the average of its scores, the number of satisfaction surveys sent to patients (not opened, opened but not answered, answered, redirected to Google), as well as the comments assigned by the patients of the establishment.
The service provider commits to putting the site online no later than 7 working days after receiving all the elements. At the end of the contract, all content and developments provided by the provider to the client will remain the property of the provider. The client will no longer be authorized to use, disseminate, or disclose them.
The provider grants a right of use of its data to clients for the realized website, but there is no transfer of ownership at the end of the contract.
The client retains ownership of the domain name that has been purchased for him, as well as the ownership of photographs or texts of which he is the author.
ARTICLE 3: DURATION OF THE CONTRACT
This contract has a duration of one year from receipt by the service provider of the duly initialed and signed agreement. The contract will be tacitly renewed for a new annual period.
The contract can be terminated by either party. Termination must be notified by registered letter with acknowledgment of receipt or by e-mail with one month’s notice.
ARTICLE 4: OBLIGATION OF THE PARTIES
OBLIGATION OF MediTrust
The service provider undertakes to provide all the services defined in this agreement. It cannot under any circumstances be held responsible for technical problems with access to the web platform, whether these are questions of server availability or others. The service provider guarantees a response time of 48 hours to all requests sent by e-mail or made by telephone.
In the event of a breakdown, the service provider undertakes to use all means in its possession to restore the service defined in this contract. If the service interruption lasts too long, compensation will be paid to the establishment from the 7th day. If the interruption of service exceeds a duration of 7 consecutive days in a month, the establishment will receive compensation for the value of the loss. The calculation of compensation is based on the monthly cost of the service and a pro rata will be applied (based on the number of days of loss) to determine the exact amount.
OBLIGATION OF THE ESTABLISHMENT
The establishment undertakes to provide all the elements necessary to carry out these services.
ARTICLE 5: CONFIDENTIALITY CLAUSE
The “MediTrust” service provider undertakes to respect the utmost confidentiality throughout the duration of this contract, whatever the circumstances, and to refrain from disclosing, directly or indirectly, the private information of patients to which it may have had. access in the context of the execution of this contract.
ARTICLE 6: COOPTATION
Co-optation is a practice of recommending a product or service to a third party. If you are a customer and you refer a new customer to our company, we offer two months of our service free of charge for you and the new customer in the following case. If the new customer remains subscribed to our service for more than 9 consecutive months, he will also benefit from two months of our service free of charge.
To benefit from this offer, the new customer must mention your name when registering and you must be an active customer. This offer cannot be combined with any other current promotion. It is valid for new customers only and does not apply to resubscriptions or contract renewals.
ARTICLE 7: GDPR
For any processing of personal data carried out within the framework of this contract, the parties undertake to comply with the General Data Protection Regulation (GDPR) of April 27, 2016, relating to the protection of natural persons with regard to the processing personal data and the free movement of such data, which repeals Directive 95/46/EC. Each party represents and warrants to the other that it will strictly comply with the GDPR for any processing of personal data carried out under this contract. However, neither party will be liable for any failure to perform any of its obligations under this Agreement due to GDPR compliance.
ARTICLE 8: APPLICABLE RIGHTS AND COMPETENT JURISDICTION
8.1 Applicable law: This contract is governed by and must be interpreted in accordance with French law.
8.2 Attempt at amicable resolution: Before referring the matter to the competent court, the establishment and the service provider undertake to try to find an amicable agreement in the event of a conflict relating to this contract, in a spirit of loyalty and good faith . To set up this negotiation process, the requesting party must inform the other by registered letter with acknowledgment of receipt, specifying the elements of the conflict.
8.3 Competent jurisdiction: If the parties fail to amicably resolve a conflict within thirty (30) days from receipt of the registered letter mentioned in article 8.2, they agree to submit the said conflict to exclusive jurisdiction. of the courts of Paris, France. The parties agree that the Paris court is the competent court to rule on any dispute, litigation or claim arising from or in connection with this contract, including with regard to its validity, interpretation, execution or termination.
ARTICLE 9: CONDITIONS FOR START OF SERVICE
The implementation of the “MediTrust” service will begin when the establishment has communicated to the Service Provider the necessary banking information (RIB) via the MediTrust interface. The Service Provider will only start working on the service once this information has been received and validated.
ARTICLE 10: LIMITATION OF LIABILITY
10.1 As part of the execution of this contract, the Service Provider cannot be held responsible for indirect, consequential or special damage suffered by the establishment or third parties, such as, without limitation, loss of profits, loss of turnover, loss of customers, loss of data or any other loss or damage