General terms and conditions
COMPANY means PC SOFT, located at 3 rue de Puech Villa, BP 444 08, 34197 Montpellier Cedex 05, France.CUSTOMER means the individual or entity who acquires a SOFTWARE sold by COMPANY.
SOFTWARE means a product sold by COMPANY to CUSTOMER.
1. Pricing.
Prices in the price list are exclusive of taxes and are subject to change without notice by COMPANY. The applicable VAT rate is 20% at the date these terms were last updated. Unless stated otherwise, the price represents a license transfer fee.
Special prices are available for Universities, Educational Institutions (for educational purposes only), and for bulk purchases. For further information, contact COMPANY.
Special prices are available for Universities, Educational Institutions (for educational purposes only), and for bulk purchases. For further information, contact COMPANY.
2. Orders.
Orders must be placed by companies, public authorities, economic interest groups, freelance developers, associations and similar entities.
All orders must include a delivery address and a billing address. There is no minimum amount required to place an order.
Purchase orders from government entities and key accounts are accepted.
All orders must include a delivery address and a billing address. There is no minimum amount required to place an order.
Purchase orders from government entities and key accounts are accepted.
3. Payment.
Each order must be paid.
Payment can be made using Visa or Mastercard, or by SEPA direct debit.
No discount is granted for advance payment.
Government entities and Key accounts: Follow standard procedures.
In accordance with article L441-6 of the French Commercial Code, in case of late payment, penalties are applied from the day following the due date specified in the invoice. The rate applied is three times the legal interest rate, which corresponds to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late payment penalties are payable without the need for a reminder.
Any CUSTOMER who exceeds the payment date is automatically liable to pay a flat-rate compensation of €40.
Payment can be made using Visa or Mastercard, or by SEPA direct debit.
No discount is granted for advance payment.
Government entities and Key accounts: Follow standard procedures.
In accordance with article L441-6 of the French Commercial Code, in case of late payment, penalties are applied from the day following the due date specified in the invoice. The rate applied is three times the legal interest rate, which corresponds to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late payment penalties are payable without the need for a reminder.
Any CUSTOMER who exceeds the payment date is automatically liable to pay a flat-rate compensation of €40.
4. Physical delivery of SOFTWARE.
When CUSTOMER chooses a physical delivery, the SOFTWARE is delivered to the reception or front desk of CUSTOMER's company. It is then up to CUSTOMER to take possession of the SOFTWARE. COMPANY cannot be held liable in the event of the SOFTWARE being lost after delivery.
Unless otherwise expressly agreed, SOFTWARE is delivered at place (Incoterms 2010) in destinations outside the European Community. Local duties and taxes will be charged to CUSTOMER. If CUSTOMER refuses to take delivery when the order reaches customs, the order cannot be reimbursed, nor shipped again.
COMPANY shall be entitled to charge CUSTOMER for any costs generated by this refusal.
In the event of exceptional stock shortages, COMPANY will contact CUSTOMER promptly to find a solution and avoid any disruption.
Unless otherwise expressly agreed, SOFTWARE is delivered at place (Incoterms 2010) in destinations outside the European Community. Local duties and taxes will be charged to CUSTOMER. If CUSTOMER refuses to take delivery when the order reaches customs, the order cannot be reimbursed, nor shipped again.
COMPANY shall be entitled to charge CUSTOMER for any costs generated by this refusal.
In the event of exceptional stock shortages, COMPANY will contact CUSTOMER promptly to find a solution and avoid any disruption.
5. Technical specifications.
Despite the care taken in the production of all documents, the technical specifications mentioned in the COMPANY's advertisements are for information purposes only.
6. Ownership and jurisdiction.
COMPANY retains ownership of the SOFTWARE until full payment has been received. CUSTOMER accepts the license agreement provided with each SOFTWARE. In the event of a dispute, the Montpellier court shall have sole jurisdiction.
7. Acceptance of general terms and conditions.
Placing an order constitutes acceptance of the above terms and conditions.
8. Special terms and conditions for software distributed as "SaaS".
Note: "SaaS" refers mainly to the type of connection and authentication required to use the software.
8.1 Start of subscription.
The subscription begins on the date the login credentials are made available.
8.2 Pricing.
The applicable SOFTWARE pricing can be found at www.windev.com, for the specified period at the date of the subscription.
COMPANY may adjust pricing without notice, but the price of ongoing subscriptions for the initial subscription period will not be modified.
Payment is made at the start of the subscription, then at given intervals. Payment intervals are independent from the time commitment and may therefore vary according to the plan chosen.
The price of the subscription may be modified at each renewal. In this case, CUSTOMER will be informed of any price change, with the possibility of cancellation.
COMPANY may modify or interrupt any of the subscription plans, or lower its price. COMPANY shall inform CUSTOMER of the termination or any significant changes made to the subscription plans. CUSTOMER may terminate the subscription contract if they do not agree to these changes.
COMPANY may adjust pricing without notice, but the price of ongoing subscriptions for the initial subscription period will not be modified.
Payment is made at the start of the subscription, then at given intervals. Payment intervals are independent from the time commitment and may therefore vary according to the plan chosen.
The price of the subscription may be modified at each renewal. In this case, CUSTOMER will be informed of any price change, with the possibility of cancellation.
COMPANY may modify or interrupt any of the subscription plans, or lower its price. COMPANY shall inform CUSTOMER of the termination or any significant changes made to the subscription plans. CUSTOMER may terminate the subscription contract if they do not agree to these changes.
8.3 Payment terms.
CUSTOMER authorizes COMPANY to store the payment method and automatically charge it each period until the subscription is canceled. COMPANY will automatically charge CUSTOMER the then-current rate for the given type of subscription, plus applicable taxes (VAT, etc.) for each defined period, unless CUSTOMER cancels the subscription.
Payment authentication: The bank may require CUSTOMER to authenticate the payment (e.g. by sending a one-time code by SMS or requesting validation in the bank's application). This authorization applies in advance to future direct debits.
Payment authentication: The bank may require CUSTOMER to authenticate the payment (e.g. by sending a one-time code by SMS or requesting validation in the bank's application). This authorization applies in advance to future direct debits.
8.4 Cancellation terms.
The subscription will be automatically renewed each period without notice until canceled by CUSTOMER.
CUSTOMER may cancel the subscription at any time with 30 calendar days' notice. However, the payment will not be refunded and the subscription will run until the end of the subscription period. For example, in the case of an annual commitment with monthly payments, these payments are due until the end of the annual period.
CUSTOMER may cancel the subscription at any time with 30 calendar days' notice. However, the payment will not be refunded and the subscription will run until the end of the subscription period. For example, in the case of an annual commitment with monthly payments, these payments are due until the end of the annual period.
8.5 Non-payment.
Failure to pay any invoice by the due date will result in the application of a late payment penalty which will be invoiced on the basis of three (3) times the legal interest rate per day of delay. Late payment penalties are due on the day following the due date. These penalties are payable without further reminder. The fact that COMPANY does not immediately apply these penalties for a given overdue payment in no way implies that they will not be payable in that case or upon any future overdue payment. Penalties will be deducted by charging the stored payment method or by any other means.
If a collection procedure has to be initiated, a lump sum of €50 (Fifty) Euros will be due.
In the event of non-payment, access to the subscription may be immediately suspended without notice. The fact that the subscription is not immediately suspended does not mean that COMPANY has waived its right to suspend the subscription without notice for as long as the non-payment continues.
Suspension of access to the subscription does not release CUSTOMER from their obligations, and does not extend the duration of the subscription.
COMPANY is authorized to make several attempts to collect and/or invoice the due amount.
If a collection procedure has to be initiated, a lump sum of €50 (Fifty) Euros will be due.
In the event of non-payment, access to the subscription may be immediately suspended without notice. The fact that the subscription is not immediately suspended does not mean that COMPANY has waived its right to suspend the subscription without notice for as long as the non-payment continues.
Suspension of access to the subscription does not release CUSTOMER from their obligations, and does not extend the duration of the subscription.
COMPANY is authorized to make several attempts to collect and/or invoice the due amount.
8.6 Initial subscription/entry fee.
If a discount on initial subscription fees has been granted to CUSTOMER, this discount is only valid if CUSTOMER updates their dongle(s) within 30 calendar days of starting the subscription. If the dongles have not been updated, the discount will be cancelled and the amount (inclusive of tax) will either be deducted using the stored payment method, or invoiced with a request for immediate payment. If a deposit has been made, this deposit will be collected.
Personal data is used for access and connection verification purposes, and to enable invoicing of services, with the right of access and verification provided by law.
Personal data is used for access and connection verification purposes, and to enable invoicing of services, with the right of access and verification provided by law.
8.7 Miscellaneous.
8.7.1 Without written consent from COMPANY, CUSTOMER may not sell, sub-license, lean or transfer their rights in any way.
8.7.2 Should a clause of this agreement be declared null and void, this does not invalidate the other clauses of the agreement, which remain applicable.
8.7.3 This agreement is subject to French law, to the exclusion of any other legislation.
The French version of the General terms and conditions will be the version used when interpreting or construing the Terms and conditions.
Last updated: July 2024