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Wiki source code of Conditions Générales d'Utilisation du progiciel Botalista.software

Last modified by Cyril Boillat on 15/11/2022

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6.1	1	(% class="wikigeneratedid" %)
13.1	2	{{{Version of the 14.11.2022}}}
6.1	3
13.1	4	= 1. Foreword =
3.1	5
13.1	6	The name Botalista refers to the non-profit //Botalista// association, governed by its [[statutes >>https://vdgbox.ville-geneve.ch/index.php/s/GQ8mPAWp3tmWANN]] 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.
3.1	7
13.1	8	Only the French version of this document is authentic.
3.1	9
	10
13.1	11	= 2. Duration and end of the contract =
3.1	12
13.1	13	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.
3.1	14
13.1	15	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.
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13.1	17	= 3. Conditions of use of a //BLS// instance =
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13.1	19	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.
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13.1	21	Users expressly agree to :
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13.1	23	* 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// ;
	24	* not to prejudice the intellectual property rights held by the City of Geneva ;
	25	* 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//.
3.1	26
13.1	27	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.
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13.1	29	//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.
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13.1	31	= 4. Evolution of the site =
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13.1	33	//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).
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13.1	35	//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.
3.1	36
13.1	37	= 5. Service-level agreement (SLA) =
6.1	38
13.1	39	== Blocking or critical incidents ==
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13.1	41	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.
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13.1	43	Any incident affecting the integrity or security of the BLS is classified as critical.
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13.1	45	//Botalista// works, in working hours, to resolve the dysfunction until normal operation is restored, by fixing it.
6.1	46
13.1	47	== Major incidents ==
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13.1	49	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.
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13.1	51	//Botalista// works to resolve the dysfunction during working hours until normal operation is restored, by fixing or bypass.
6.1	52
13.1	53	== Minor incidents ==
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13.1	55	Are considered as minor incidents, the incidents causing difficulties to accomplish the tasks for the Users.
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13.1	57	//Botalista// works to resolve the dysfunction during working hours until normal operation is restored, by fixing or bypass.
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13.1	59	== Service Periods ==
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13.1	61	Assistance is required from 9:00 am to 4:00 pm (GMT+1), every working day, from Monday to Friday, excluding public holidays.
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13.1	63	== Recovery time guarantee ==
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13.1	65	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.
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13.1	67	A recovery time for the calculation of the RTG :
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13.1	69	* starts when the incident is opened in the //Botalista// ticket management tool ;
	70	* ends upon receipt of notification of restoration of normal operating mode.
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13.1	72	== The deadlines for corrective maintenance services ==
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13.1	74	The following deadlines apply from the time of notification of an incident.
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13.1	76	\| \|Blocking - Criticals\|Majors\|Minors
	77	\|Service period\|RTG1\|RTG2\|RTG3
	78	\|Working hours (WH): Monday to Friday from 9am to 4pm\|less than 5 working days\|less than 10 working days\|less than 20 working days
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13.1	80	= 6. Penalties =
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13.1	82	== Penalties for unavailability ==
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13.1	84	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 :
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13.1	86	* For a blocking/critical incident: CHF 100.00 (EUR 95.00) incl. VAT/day from the sixth working day of the incident
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13.1	88	The amount of the penalties may not exceed the amount of the price of the service.
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13.1	90	= 7. Responsibility =
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13.1	92	Users declare that they accept the characteristics and limitations of an online service, and in particular acknowledge :
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13.1	94	* that the online consultation may have disadvantages independent of Botalista's offer, in particular with regard to response times :
	95	* 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 ;
	96	* that they are the only ones responsible for their Internet access ;
	97	* 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.
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13.1	99	//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.
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13.1	101	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.
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13.1	103	= 8. Intellectual Property =
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13.1	105	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.
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13.1	107	//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.
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13.1	109	= 9. Document storage space (BOTA-DOC) =
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13.1	111	//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.
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13.1	113	= 10. Data backup =
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13.1	115	//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.
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13.1	117	= 11. Other provisions =
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13.1	119	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..
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13.1	121	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//.
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13.1	123	If a clause of the GTCU was revealed to be invalid, the rest of the GTCU would remain valid.
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13.1	125	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.
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13.1	127	= 12. Place of jurisdiction and applicable law =
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13.1	129	The GTCU are subject to the dispositions of the Swiss law.
	130	User undertakes to respect the Swiss and international laws in force during the entire life of the contract.
	131	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.