The present general conditions of Oliverlist (the"General Conditions") govern the relations between Aivoni, a simplified joint stock company registered in the Nanterre Trade and Companies Register under the number 808 785 166, with a capital of 20,000 euros, whose registered office is located at 4 Avenue JB Clément 92100, Boulogne-Billancourt, France ("Aivoni") and any individual or legal entity having subscribed to an account on the solution edited by Oliverlist (the"Customer").Hereinafter collectively referred to as"The Parties" and individually referred to as"The Party".
The terms and expressions whose first letter is a capital letter, in the General Conditions, have the meaning defined in this article, used in the singular or in the plural:
"Authorized Users" The authorized user is the identified user, a natural person authorized to access Oliverlist. Authorized User may be an employee, agent and/or service provider of Customer.
"Customer Data "Customer's prospect and customer data obtained via Oliverlist based on information provided by Customer.
"Confidential Information "Information" means any information communicated (in writing, orally or by any other means) directly or indirectly by Customer to Aivoni before or after the effective date of the Terms and Conditions, including, without limitation, information relating to the Services as well as Customer's operations, processes, plans, know-how, trade secrets, inventions, techniques, business opportunities and activities.
"The Commission" means the sums owed by the Client to Aivoni, as specified in the Order, in respect of the Services relating to actual appointments between the Client and its prospects as generated by Oliverlist.
"Force Majeure" means events external to the parties, unforeseeable and irresistible, as defined by French jurisprudence.The following events are deemed to constitute a case of force majeure (without claiming to be an exhaustive list) war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social conflict, total or partial, external to both Parties; bad weather (in particular floods, storms and hurricanes); events declared "natural disasters"; invasion of zombies; fire; epidemic; blockages of transport or supplies (in particular energy); failure of supplies of electrical energy, heating, air conditioning, telecommunication network or data transport; failure of satellites.
"Terms and Conditions" means the user manuals, user instructions, technical literature and all other documents relating to the use of Oliverlist, in whatever form, provided to Customer by Aivoni under the Terms and Conditions available at this URL. "License Fee" means the amounts owed by Customer to Aivoni, as specified in the Order, for Services relating to Customer Data."Oliverlist "The software solution developed and published by Aivoni that enables Customer Data.
"Order "The proposal for Services submitted by Aivoni and accepted by Customer, through Oliverlist.
"Services "The services provided by Oliverlist, as specified in the Order, regarding lead generation leading to B2B appointments with Customer's prospects and/or additional functionality related to Customer Data.
