General terms and conditions of sale

These general terms and conditions of use are concluded between the person designated in the online account (hereinafter, the "Customer") and MOOCit SAS, a simplified joint stock company with a share capital of 30,000.00 euros, registered with the Orléans Trade and Companies Register under number 810 156 497, having its registered office at 6 rue du vieux marché (45000) (hereinafter, "MOOCit").

The data is hosted on Amazon Web Services and the services are managed by MOOCit.

Registration for the Services by the Customer implies the Customer's unreserved acceptance of these General Terms and Conditions and excludes the application of any different or contrary provisions that may appear on commercial documents or on the Customer's general terms and conditions of purchase. MOOCit reserves the right to modify the present Terms and Conditions at any time, without prior notice, it being understood that such modifications will be inapplicable to the subscriptions and services of MOOCit previously subscribed to by the Customers. In the event of any ambiguity and/or contradiction between these Terms and Conditions and any other document appearing on the MOOCit website called "", these Terms and Conditions shall prevail. The Client's acceptance and the formation of the Contract are materialized by his signature of the quote or subscription. For the Client, this is equivalent to acknowledging that he has fully read and agrees to all of the Terms and Conditions indicated below. Except in the cases restrictively provided for in these General Terms and Conditions of Sale, the quote signed by the Customer is equivalent to a definitive order and cannot be retracted. Under these conditions, MOOCit invites the Clients who have connected to its website to read carefully the General Terms and Conditions of Sale hereafter.

Definitions concerning the sale of the MOOCit platform

The following terms shall have the meanings set forth herein unless otherwise specified.

Administrator(s) of a Client: representative(s) of the Client for MOOCit with knowledge of the Identifier having access to all the functions of the MOOCit platform and being able to access and modify the data related to the Registration.

GCS : the present General Terms and Conditions of Sale.

Customer : any legal or natural person who has registered to use the MOOCit platforms in accordance with the Terms and Conditions of Sale.

Hosting company: company with which MOOCit subcontracts the hosting of MOOCit platforms and the Customer's data.

Identifier : conjunction of the "Email" and the "password" necessary for a User to connect to the service.

User: refers by name to a physical person using MOOCit platforms thanks to an Identifier.

Product and/or Service : refers to any product or service offered to the Customer on the website.

Article 1 - Characteristics of the Services offered by MOOCit

MOOCit provides its Customers with a Service for access to MOOC/SPOC platforms that operate using Internet technology and are accessible through this technology. The Customer must therefore connect to the Internet and then to the site to use the MOOCit platforms. In the case of a subscription offering a personalized URL, the Customer must connect to the Internet and then to the URL defined between the Customer and MOOCit. The use of MOOCit platforms is possible after the Customer is registered on the site by the administrator. The Customer has access only to the Software and Services for which he is registered. The Software can be modified according to improvements or updates made without prior notice to the Customers. MOOCit reserves the right to stop marketing the Software. In this case : The Customer will be notified by any means and will continue to have access to the Software for the duration of the subscription to which he has subscribed or will have at least six months notice before access to the Software is definitively interrupted. The Customer must take, within this period, all measures to safeguard his data. The termination of the marketing of a Product or Service by MOOCit shall not give rise to any compensation or repair whatsoever on the part of MOOCit to the Customer. The Customer declares that he is aware of the characteristics and limitations of the Internet described below: a) that data transmissions on the Internet circulate on heterogeneous networks with diverse characteristics and technical capacities. As a result, no one can guarantee the proper functioning of the Internet. b) that the data circulating on the Internet is not protected against possible misappropriation, and that therefore the communication of passwords, confidential codes, and more generally, of any information of a sensitive nature is carried out by the Customer at his own risk and peril. As a consequence of the above, and in full knowledge of the characteristics of the Internet, the Client waives the liability of MOOCit concerning one or more of the facts or events mentioned above. The Client is solely responsible for the direct or indirect, material or immaterial damages and prejudices, caused by himself (or his employees), to MOOCit due to the illegal use or not of the hosting servers. In the cases indicated above, the Customer agrees to compensate MOOCit in case of condemnation against the latter to pay damages (including legal fees). In addition, the Customer undertakes to reimburse MOOCit for the costs incurred by MOOCit in repairing the damages caused by the Customer. The Identifier is strictly personal and confidential. The Customer agrees to keep it secret and not to disclose it in any form whatsoever. Its transmission to third parties, by the Customer, is done under his entire responsibility. The Services are made available to the Customer in the form of a subscription.

Article 2 - Access to MOOCit Services

The Client acknowledges that the techniques used by MOOCit are a complex area of computer technology. MOOCit's commitment is an obligation of means, MOOCit having to limit as far as possible in time and number the interruptions of the Services necessary for their maintenance or improvement. It is therefore up to the Customer to protect himself against these risks. MOOCit cannot be held responsible for damages suffered by the Customer due to the unavailability of the Services.

Article 3 - Termination of the MOOCit contract

The Agreement may be terminated at any time by the Customer by cancelling all of the Customer's Registrations. No sum will be returned to the Client. He will continue to have access to the Software for the remaining period of his Contract and already paid by him. MOOCit then undertakes to keep the Client's data for 180 (one hundred and four twenty) days after this date. Beyond this date, the customer's data will be destroyed without notice. The sums possibly paid by the customer for his subscription will remain acquired by MOOCit. MOOCit reserves the right to terminate the Contract at any time in case the Customer does not respect his obligations (non-payment of invoices, commission of a judicial offence, etc.). Furthermore, MOOCit reserves the right to unilaterally terminate the Contract in case the amount of information uploaded and/or exchanged by the Customer creates problems for the functioning of MOOCit's servers and thus for the functioning of these servers for other Customers.

Article 4 - Suspension of access

MOOCit reserves the right in case of non-payment by the Customer of one of the invoices (or pro forma invoice) established by MOOCit at its destination, or in case of non respect of any of the clauses appearing in the order form or in the present GTC, to suspend the access to its Services until the complete payment of the sums due.

Article 5 - Confidentiality of data and data protection

No MOOCit employee has access to the data that the Client enters online, unless the Client's express authorization is given. Only the MOOCit Administrator is authorized to work on the raw databases for maintenance and updating purposes. MOOCit commits itself to keep this data confidential, to make no copies of the data other than for technical needs and to make no other use of the data than those foreseen for the execution of the present GTC. The Customer retains the entire property of the data he hosts on the platform. MOOCit has the right to duplicate them for hosting and backup purposes. Data published by the Customer: MOOCit commits itself not to publish, duplicate, copy, exploit and keep without time limit the data of the Customer.

Article 6 - Property of MOOCit

The elements accessible on the website such as the Software, databases, management tools, platform, website pages, texts, photographs, images, icons, sounds, videos and more generally all the information made available to the Customer within the framework of the present Contract, are the full, entire and exclusive property of MOOCit. They are part of its manufacturing secrets and confidential information regardless of whether the elements and components may or may not be patented or protected under current legislation, by copyright or by any other industrial or intellectual property right, or in any other way.

Article 7 - Obligations of the Customer

To use MOOCit Software, the Customer must have : -a PC type micro-computer allowing him/her to access the Internet, - a minimum 128 kbit/s Internet connection, - a browser Microsoft™ Internet Explorer, Mozilla Firefox or Google Chrome current version. The Customer must use the MOOCit Software in accordance with the provisions described in the online help texts of the Software and these GTC. It is the Customer's responsibility to ensure that he has the hardware, software and means to use the platform. The Customer acknowledges having verified the adequacy of the service to his needs and having received from MOOCit all the information and advice that he needed to subscribe to the present Contract in full knowledge of the facts. On this point, the Client acknowledges having been fully informed by MOOCit of the extent of its contractual obligations under the terms of the present Contract. MOOCit does not control the validity or the lawfulness of the data entered or accessed by the Client and of the activities carried out by the Client through the Software. The Client is responsible for its data, for any content that it or the Users disseminate(s) or for the use that the Users make of the Software and more generally for the respect of the regulations by the Client and the Users, and guarantees MOOCit against any request from a third party in this respect and will indemnify MOOCit for the consequences (damages, sentences, costs, including legal and lawyer's fees, etc.) of such a request. The Customer undertakes not to transmit any virus or other code likely to cause malfunctions of the platform or to damage it. The Client confirms that he/she is interested in using the platform for the training of its users. He/she must not use the platform to test its performance and functionalities in order to offer competing services. In case of non-compliance by the Client or a User with any of the obligations incumbent upon them individually or collectively, MOOCit reserves the right to suspend access to the platform, after an e-mail informing the Client of such suspension. This right of suspension is without prejudice to MOOCit's other recourses and in particular its right of termination.

Article 8 - Obligations of MOOCit

The obligation subscribed by MOOCit is an obligation of means. Within this framework, MOOCT undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession. MOOCit will endeavour to offer access 24 hours a day, every day of the year, except in case of force majeure (force majeure is defined as an unforeseeable and/or unavoidable event beyond MOOCit's control, such as a failure of the host), in case of breakdowns, failures due to the host, maintenance interventions necessary for the proper functioning of the Services as well as the equipment. MOOCit will do its utmost to provide a quality of access sufficient to follow the evolution of its Customers' service traffic. In case of a too fast scale-up, MOOCit may be dependent on the delays of additional servers commissioning or writing new Software. Interruptions to update software and database structures can be made every Saturday from 12 noon onwards. The service interruption may not exceed 24 hours. Service interruptions will not entitle the Customer to any compensation. MOOCit will endeavour to inform the Customer of any planned Maintenance at least forty-eight (48) hours in advance, except in particular in case of an emergency that could compromise the Customer's data. MOOCit will provide the Client with the guarantee that the platform presents all the conditions and security measures in accordance with the rules of art. The Client's personal data, collected during the use of the Software, will be kept on secure equipment in accordance with the technical standards in conformity with the rules of art and this for the entire duration of this Agreement.

Article 9 - Guarantee of MOOCit

MOOCit makes no warranties, express, implied, statutory or otherwise, as to the performance or results of the information it disseminates or the Services it offers. The information disseminated by MOOCit is in no way of an advisory nature. The MOOCit Software is deemed to be made available to Customers "as is" without any specific adaptations. They are similar to standard software packages that cannot meet all the specific needs of the Client. It is therefore up to the Customer to verify the adequacy of the services offered by MOOCit with its needs and to take all necessary precautions.

Article 10 - Responsibility of MOOCit

The Client acknowledges having read and understood all of his obligations and more generally all of the conditions relating to the use of the Services offered by MOOCit. Under no circumstances can MOOCit be held responsible in a direct or indirect way for any prejudice caused to the Client or to a third party due to the use of a MOOCit Service, whatever the cause. In the same way, MOOCit cannot be held responsible in a direct or indirect way for any damage caused to the Client or to a third party due to the non-availability or a malfunction of one of its Services, whatever the cause and the duration. In the event that MOOCit's responsibility is engaged, the compensation for the prejudice suffered cannot exceed the amount of the annual subscription of the Product or Service in question for a User. Furthermore, due to the characteristics and limits of the Internet, which the Customer declares to be perfectly aware of, MOOCit cannot be held responsible for, in particular: difficulties of access to the hosted site due to the saturation of the Internet network, possible misuse of passwords, confidential codes, and more generally of any information of a sensitive nature for the Customer. MOOCit does not guarantee that the Service will function without interruption or failure, nor that it is compatible with any particular hardware or configuration other than that expressly recommended by MOOCit.

Article 11 - Prices and invoicing

The prices are indicated in the link These prices are expressed in euros, exclusive of tax. The invoicing made to the Customers will thus be increased by the rights and taxes in force at the date of invoicing. MOOCit reserves the right to modify its prices at any time without notice. The new rates will come into force as soon as they are implemented for new Customers or for new registrations for existing Customers. For Customers using a service whose rates have been changed, the new rates will only come into force at the end of the initial subscription period. Promotional offers may not be assimilated to the rates.

Article 12: Applicable law and attribution of jurisdiction

This Agreement is fully subject to French law. In the event of a dispute arising in connection with the interpretation or execution of this Contract, the undersigned will endeavour to settle it amicably prior to any legal action.

Article 13: Claims

Any claim and/or dispute of the Customer against MOOCit must be formulated by the Customer at the latest 48 hours after the event that generated it, under penalty of forfeiture.