Version of the 14.11.2022

1. Foreword

The name Botalista refers to the non-profit Botalista association, governed by its statutes  and by Articles 60 et seq. of the Swiss Civil Code. Botalista administers and maintains Botalista.software  (hereinafter the "BLS"), dedicated websites accessible at https://[Code BGCI].botalista.community (hereinafter the "BLS instances"). Each instance of the BLS, allows a botanical institute (hereafter "Users") to have access to its own management space.

Only the French version of this document is authentic.

2. Duration and end of the contract

The contract is signed for an irrevocable period of one year. At the end of the first year, it will be tacitly renewed for an indeterminate period. The subscription services are subject to an annual invoice payable on the due date indicated on the invoice. After the first year, either party may revoke the contract in writing within the usual 30-day notice period. If the cancellation is made before the end of the period already invoiced, a pro rata reimbursement of the days not consumed will be made.

These General Terms and Conditions of Use and legal notice (hereinafter the "GTCU") are established for an indeterminate period. By contracting a service with Botalista and by browsing the BLS instances, Users accept without reservation the present GTCU.

3. Conditions of use of a BLS instance

Users may access the BLS instances 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of Botalista, and subject to any breakdowns and maintenance and updating operations necessary for the proper functioning of the BLS instances and the materials enabling its operation. Users are informed that the BLS instances may be suspended without notice for urgent and unforeseeable maintenance and data update operations.

Users expressly agree to :

• to strictly use their instance of BLS and the information contained therein only for their own purposes and in respect of the interests and the economic and moral rights of their authors and of the publisher Botalista ;
• not to prejudice the intellectual property rights held by the City of Geneva ;
• to make no commercial use of the name « Botalista », or any other protected name more generally used in connection with the BLS, except with the prior and express authorization of Botalista.

The setting up and publication of a hyperlink to any page of a BLS instance other than its homepage is prohibited. Botalista is not responsible for hyperlinks to third-party websites, in particular with regard to the access, the collecting or processing of their content, personal data, as well as in the event of non-compliance with or incompatibility with the terms of the GTCU.

Botalista reserves the right, after at least 2 warnings, to interrupt a User's access to any instance of the BLS and to cancel the GTCU immediately and without notice if the User concerned fails to comply with all or part of the requirements set out above, without prejudice to any damages that may be due to Botalista or any other remedy that may be exercised against such User.

4. Evolution of the site

Botalista reserves the right to modify, at any time, the characteristics of the BLS instances. Updates will be applied to all BLS instances as soon as they are validated by the project leader of each partner. Without any manifestation of one or more project leaders, an update will be effective in production30 days after its publication in a quality version (release candidate).

Botalista also reserves the right to change the content of the GTCU at any time. The new GTCU version will be effective as of the date of their publication on the Botalista Wiki.

5. Service-level agreement (SLA)

Blocking or critical incidents

Are considered as blocking or critical incidents, the incidents involving an unavailability or a significant degradation of the BLS service which cannot be bypassed by the User.

Any incident affecting the integrity or security of the BLS is classified as critical.

Botalista works, in working hours, to resolve the dysfunction until normal operation is restored, by fixing it.

Major incidents

Are considered as major incidents the incidents leading to a blocking or a notable degradation of a functionality of the BLS, and/or generating a degradation of the service, but which can be bypassed by the User.

Botalista works to resolve the dysfunction during working hours until normal operation is restored, by fixing or bypass.

Minor incidents

Are considered as minor incidents, the incidents causing difficulties to accomplish the tasks for the Users.

Botalista works to resolve the dysfunction during working hours until normal operation is restored, by fixing or bypass.

Service Periods

Assistance is required from 9:00 am to 4:00 pm (GMT+1), every working day, from Monday to Friday, excluding public holidays.

Recovery time guarantee

The recovery time guarantee indicator (hereinafter referred to as the «RTG») measures the time between the recognition of an incident and its effective resolution in production.

A recovery time for the calculation of the RTG :

• starts when the incident is opened in the Botalista ticket management tool ;
• ends upon receipt of notification of restoration of normal operating mode.

The deadlines for corrective maintenance services

The following deadlines apply from the time of notification of an incident.

6. Penalties

Penalties for unavailability

The User can ask for a damage compensation, as soon as the unavailability of a BLS instance exceeds the RTG fixed in article 5. The terms and conditions of application of the penalties for unavailability are as follows :

• For a blocking/critical incident: CHF 100.00 (EUR 95.00) incl. VAT/day from the sixth working day of the incident

The amount of the penalties may not exceed the amount of the price of the service.

7. Responsibility

Users declare that they accept the characteristics and limitations of an online service, and in particular acknowledge :

• that the online consultation may have disadvantages independent of Botalista's offer, in particular with regard to response times :
• that it is their responsibility to take all necessary measures to ensure that the technical characteristics of their equipment and/or their computer network allow them to access the BLS instances ;
• that they are the only ones responsible for their Internet access ;
• that it is up to the Users to take all appropriate measures in order to protect their own data and/or software from contamination by possible viruses circulating on the Internet or contracted by any other electronic means.

Botalista makes no warranties, express or implied, with respect to any information Users obtain through any instance of the BLS. Users are responsible for choosing this service. The use of a BLS instance by Users is therefore under their own responsibility.

In no event shall Botalista be liable for any direct or indirect damages that may be caused by any instance of the BLS. By express agreement between the parties, any moral or commercial prejudice, loss of profits, turnover, orders, income, customers, loss of data and any action directed against the Users by a third party and the consequences resulting therefrom are considered to be indirect damages.

8. Intellectual Property

The City of Geneva is the sole owner of all intellectual property rights relating to the BLS. The BLS instances constitute a work on which only the Botalista association has the exploitation rights.

Botalista grants the User a non-exclusive, personal and non-transferable license to use its instance of the BLS. The User is authorized to reproduce and print on paper the data accessed. This right cannot be used to reproduce the entirety of the data contained in his BLS instance.

9. Document storage space (BOTA-DOC)

Botalista offers in all license types a document storage space of 5GB for each User. The renunciation of this space does not give right to a tariff reduction.

10. Data backup

Botalista preventively backs up the contents of the databases once a day on servers distributed among several data centers. All database backups are destroyed after 1 year (365 days). In addition, a weekly backup (every Sunday) is kept for 400 days. The backups of the document storage spaces (BOTA-DOC) are destroyed after 3 months (90 days). Botalista offers to Users the ability to retrieve backups via a secure connection. Botalista reserves the right to interrupt the backup service to carry out a technical intervention in order to improve its functioning. Botalista will then inform the User as soon as possible and, if necessary, of the nature and duration of the intervention, so that the User can make the necessary arrangements. User acknowledges that all saved data will be deleted within 3 months by Botalista in case of non-renewal of the contract or early revocation. The user will take care to repatriate all his data before the expiration date of the contract.

11. Other provisions

The GTCU parties are independent. Neither party to the GTCU may make any commitment in the name or on behalf of the other party. Each party acts in its own name and on its own behalf as an independent contractor. Nothing in the GTCU shall be interpreted as creating between the parties, a company, a joint venture, an agency, a subsidiary, an agent or employee-employer relationship..

The GTCU, including the rights and obligations stipulated therein, may not be transferred by Users to a third party in the absence of prior and express authorization from Botalista.

If a clause of the GTCU was revealed to be invalid, the rest of the GTCU would remain valid.

In particular cases, it is possible that, by agreement between Botalista and a User, one or more points of the GTCU may be temporarily waived. This waiver shall not be interpreted as a permanent waiver for the future.

12. Place of jurisdiction and applicable law

The GTCU are subject to the dispositions of the Swiss law.
User undertakes to respect the Swiss and international laws in force during the entire life of the contract.
Andy lawsuit related to the present contract, its conclusion, its execution or its termination is subject to Swiss law, the exclusive place of jurisdiction being Geneva, subject to an appeal to the Federal Court in Lausanne.