Terms

Purpose

These terms govern the subscription to the Viandes Dakoté software, offered online by Alexandre Hardouin, sole trader (see the legal notice), to farms that use it for their professional activity.

They apply from the opening of the account and prevail over any other document, unless the publisher agrees otherwise in writing.

The service

Viandes Dakoté helps the farm manage its herd and the direct sale of its meat: animals, weighings, deliveries, orders, allocation of parcels by actual weight, sales tracking. It runs in a browser, on a computer as on a phone, with nothing to install.

The service handles no payment: the farm collects from its customers itself. Nor is it an online shop: the farm's customers have no access to it.

The tool helps the farm meet its obligations, the traceability of its meat in particular, without taking their place: the farm alone answers for the prices, weights and amounts it enters or passes on to its customers.

Opening an account and access

There is no online sign-up: every account is opened by the publisher, after a conversation with the farm.

The farm receives its credentials, then creates the access of its own users. It keeps passwords confidential and answers for the use made of its accounts.

Price and payment

€30 a month, billed yearly, i.e. €360.

VAT not applicable, article 293 B of the French General Tax Code: no tax is added to this price.

The subscription is paid in advance, for the year, by bank transfer, within 30 days of receiving the invoice.

Any late payment incurs, by law, penalties equal to three times the legal interest rate, and a fixed €40 recovery fee (articles L. 441-10 and D. 441-5 of the French Commercial Code).

The price may change from one year to the next. Any change is announced by e-mail at least two months before the renewal date; it only applies to the following period, and a farm that refuses it may terminate before that date.

Term, renewal and termination

The subscription runs for one year from the opening of the account. It then renews for one-year periods, unless terminated.

The farm terminates by a simple e-mail to contact@viandes-dakote.fr, no later than one month before the renewal date. Termination takes effect at the end of the current period; the year begun remains due.

In case of non-payment, the publisher sends a reminder by e-mail. If it has no effect within 15 days, access may be suspended until payment — the data is not touched. After 30 days of suspension, the publisher may terminate the subscription.

Either party may terminate the subscription for a serious breach by the other, not remedied 30 days after formal notice by e-mail.

If the publisher stops offering the service, it informs the farms at least three months in advance and refunds the unused part of the subscription.

Your data

The data entered belongs to the farm. It can be exported at any time during the subscription, as CSV.

At the end of the subscription, access is closed and the deletion of the farm is requested. It only takes place after 30 days: during that time, the farm may ask the publisher to reopen its access long enough for an export. The data is then permanently deleted; only the publisher's accounting records are kept, for as long as the law requires.

The farm is encouraged to export its data regularly.

Personal data

For the personal data the farm enters in the tool — that of its customers and its users —, the farm is the controller and the publisher its processor, within the meaning of article 28 of the General Data Protection Regulation. As such, the publisher undertakes to:

• process it only to provide the service, on the farm's instructions;
• give no one but itself access to it, bound by confidentiality;
• use no one but o2switch, in France, for hosting and sending e-mails, and inform the farms before any change of provider;
• protect it with appropriate measures, described in the privacy policy;
• notify the farm of any breach of that data without undue delay, and no later than 48 hours after becoming aware of it;
• help it answer the requests its customers send it;
• delete it at the end of the subscription, as described above.

What the publisher collects on its own behalf is described in the privacy policy.

Support

By e-mail, at contact@viandes-dakote.fr.

To solve a reported problem, the publisher may open the farm's space as the farm sees it. Every opening is logged.

Availability and changes

The publisher makes its best efforts for the service to be available at all times; this is an obligation of means. Interruptions may occur for maintenance, preferably outside working hours, or because of the host or the network.

A change to the tool never reduces, during a subscription, what the farm has subscribed to.

Liability

The publisher is liable for direct damage caused by a breach of its obligations. It is not liable for indirect damage — loss of turnover, customers or orders —, nor for the consequences of an incorrect entry.

Its liability, on all grounds combined, is limited to the amount paid by the farm over the last twelve months.

Neither party is liable for a failure due to force majeure, within the meaning of article 1218 of the French Civil Code.

Intellectual property

The subscription grants the right to use the tool for the farm's needs, for its duration. It transfers no right in the software, which remains the publisher's property (see the legal notice).

Changes to these terms

The publisher may change these terms. Farms are informed by e-mail at least one month in advance; the new version applies from the next renewal, and a farm that refuses it may terminate before the renewal date. The date of the last update is shown at the top of the page.

Governing law and disputes

These terms are governed by French law. In case of disagreement, the parties first seek an amicable solution; failing that, the dispute is brought before the competent court under the ordinary rules.