Terms Of Service

Adopted 01 September 2011 Terms of Service.docx

All users accessing this site are encouraged to carefully review these terms of service before using or accessing the services being offered through this site. Any user who continues to use this website and/or avails himself/herself/itself the services being offered on the website shall be deemed to have accepted these Terms of Service without any modification/qualification of the same. If you do not agree or accept these Terms of Service as they are, please do not use the site. If for any reason you are unable to meet all the conditions set forth under this agreement, or that if you breach any of the terms of service contained herein, your authorization to use this site or access any of the services offered under it immediately lapses and you must destroy any materials downloaded or printed from this site. SalenGo reserves the right to modify or change these Terms of Service without giving prior notice. We shall, however, endeavor to post the most current version of the Terms of Service on an easily accessible part of this site, and your use of this site is subject to the most current and/or updated version of Terms of Service as at the time of access or use of this site.

A. Definitions.

The following terms shall have the following meaning throughout the Terms of Service.

  • The terms "SalenGo", "salengo", "we", "us" shall refer to SalenGo and all its affiliates.
  • The term "subscriber" refers to any person who maintains an account with us for keeping financial information entered or provided by such person.
  • The term "you" and "user" shall refer to any person who visits this site for a legitimate purpose and may also include a subscriber in certain circumstances.
  • The term "applicable law" refers to the law currently in force in the FRANCE.
  • The term "system" shall refer to the online accounting platform provided by SalenGo and shall include the software running such platform as well as content.

B. General.

SalenGo grants the subscriber a non-exclusive, non-transferable license to use its software and also allow users to use this resource in accordance to these Terms of Service. The subscribers and the users as well do agree not to infringe on proprietary as well as the intellectual property of third parties with whom we have partnership with, and this will also involve abiding with the terms of license agreements that are applicable thereto.

You acknowledge that you must provide for your own access to the World Wide Web and to meet the costs associated with the service, as well as procuring all equipment that are necessary in order to access the service, including but not limited to a computer and a modem. You shall also be responsible for the maintenance of such equipment.

  • SalenGo does not guarantee in any capacity that the service will meet your specific needs.
  • SalenGo does not guarantee that the service will be uninterrupted, secure or error-free, that the results that may be obtained from the use of the service will be definitively accurate or reliable at all times.
  • SalenGo cannot guarantee that any errors in the Service will be corrected at any time.

Subscribers may provide password access to such users as they will have paid for in order for such users to access the information and perform various tasks as instructed by the subscribers which include but not limited to sharing files, creating invoices, managing files any other lawful tasks that the subscribe may prescribe. SalenGo may, without notice or liability, add, discontinue or revise any aspect, mode or design of the system which include but not limited to the scope of service, time of service, or to the software / hardware required for access into the system.

Without prejudice to the foregoing, should there be a failure or downtime of our service for a continuous period of more than one day, and at the time a subscriber was desirous of accessing his/her/its information, we may provide our services to such subscriber (at the subscribers request) for free for the next payment period which shall not be more than one month.

The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords including charges for such activities, as well as unauthorized use.

The subscriber will ensure that any information entered into our system shall be accurate, reliable and complete. Whereas SalenGo shall take reasonable efforts to ensure the accurateness of material entered into the system, the mere posting of that information does constitute neither endorsement nor warranty as to the accuracy, timeliness, materiality, completeness or reliability of such materials.

C. Terms of usage.

During the subsistence of the agreement to use or access our services, the user and the subscriber agree to use our services for the purposes that they were intended and to the extent that the services have been paid for.

SalenGo has both the proprietary rights as well as the intellectual property rights that are contained in the hardware/software that make up the system. The technical procedures, processes, concepts and methods of operation that are inherent within the software constitute trade secrets. The usage by subscribers and users of our software does not constitute sale or transfer of any of our rights in the software to such subscribers or users. Without any prejudice to the foregoing, any information or data entered into the system by the subscriber or otherwise provided for entering into the system on the subscribers behalf shall at all material times remain the property of the subscriber.

That the subscriber will not make copies of the software, or otherwise cause to be made such copies and will also take all reasonable steps to forestall any unauthorized copying, or to disclose to any third party any trade secrets that the subscriber may have come across whilst using our services, which include, inter alia, advising and preventing the users from duplicating or using reverse engineering to make unauthorized copies of the software.

Should any subscriber wish to discontinue his subscription, he/she will not be entitle to recover the amount paid for the current month, provided the decision to cancel the subscription was made and communicated to us at the earliest possible opportunity. The subscriber may then afterwards discontinue paying any more subscription money. Further, any subscriber who had paid subscription for the whole year is entitled to recover the unused portion of the subscription which shall be determined from the number of months that the subscription as unused, based on the 12 months from the day the first payment was made, minus the current month.

D. Prohibited use.

The subscribers including users are to access the information stored in the system only for lawful purposes and are not to use such information for the purpose of committing or furthering fraudulent acts or commit such acts that would give rise to both or either civil and criminal liability.

The subscriber agree not to provide or enter such information that can be regarded as libelous, malicious, profane, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.

No user or subscriber shall use any means to restrict or prevent another subscriber from accessing or enjoying the service.

No subscriber or user shall have the permission to submit or post any unsolicited, unauthorized or annoying material to other persons through the use of the service, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation. That no subscriber shall be permitted to upload material into the system that he ought to know that it seriously infringes on the intellectual properties of other people, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment.

The subscriber may not lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to SalenGo in a manner that is inconsistent with our intellectual property rights over the software.

E. Updates.

SalenGo will endeavor to continuously improve its software for better usage by the subscribers. As such we may remotely update any version of our software with or without a prior notice to the subscribers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the subscribers interface. The updated version will be subject to the current terms of service and any other additional terms that may also be included in the current terms with or without notice. SalenGo may send emails to subscribers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.

F. Limitation of liability.

The subscribers and their users hereby agrees to release, remise and forever discharge SalenGo and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the SalenGo's software to the extent that such release is not prohibited by applicable law. If the subscriber is dissatisfied with the service or finds any part of these Terms of Service unacceptable, then such a subscriber may choose to discontinue using the services offered through our website.

In no event will SalenGo become liable to a subscriber or any other person for any lost profits, lost savings, lost data, or other special or consequential, incidental or exemplary damages arising out of or relating to this agreement or any information, product or data that is in the hands of SalenGo under this agreement including but not limited to, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable. Nothing in this agreement operates to relieve SalenGo any liability from wanton or willful and reckless acts that may give rise to liability in tort or contract.

Except in the manner provided for in this terms of service, a subscriber is not entitled to any warranty that the service provided by the websites will meet the subscribers requirements and expectations, or that the services will be uninterrupted, flawless, timely, accurate, reliable, secure or error free or that the website will be free of viruses or other harmful elements, or that the errors in the software will be corrected.

G. Account Terms

  • Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
  • You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the signup process.
  • Your login may only be used by one(1) person – a single login shared by multiple people shall not be permitted.
  • You are responsible for maintaining the security of your account and password. SalenGo cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
  • You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account, even when certain content is posted by others who have accounts under your account.
  • Only one person may maintain a free account.
  • You may not use the Service for any illegal activities.
  • You must not, throughout your use of the Service, violate any applicable laws in your jurisdiction, and this is including but not limited to copyright laws.

H. Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. If you initially sign up for a plan, and you don’t cancel that account within 30 days, you will be billed monthly starting 30 days after your account was created. Upgrading from the free plan to any paying plan will effectively end your free trial. When you upgrade, you will be billed for your first month immediately. The Service bills in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or upgrade/downgrade refunds. We will not make any exceptions, however extreme the circumstance. When you upgrade or downgrade your plan level, the credit card provided will be automatically charged the new plan’s rate at the beginning of the next billing cycle. SalenGo does not accept any liability for such loss of content, features or capacity of account due to upgrading or downgrading your plan.

I. Cancellation and Termination

It is your responsibility to ensure that your account has been properly cancelled. An arbitrary email requesting an account to be cancelled is not considered definitive. You can cancel your account at any time by selecting the account & billing tab in the settings section. All of your Content will be immediately deleted from the Service should you initiate cancellation. This information is irretrievable once deleted. Your cancellation will be effective immediately once initiated. You will not be charged again from that point forth. SalenGo has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. SalenGo, in their sole discretion, reserves the right to refuse service to anyone for any reason at any time.

SalenGo reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently. SalenGo reserves the right to change the prices of any and all services upon 30 days notice.

J. Credit Card Information.

SalenGo does not store the credit card information of users or subscribers unless the user or subscriber inputs credit card data into the auto billing feature within SalenGo periodic billing mechanism. Subscribers and users who enable auto billing and choose to store their credit card information or that of their users (or vice versa) are responsible for the security of that credit card information. When storing credit card information using the SalenGo periodic payment mechanism, subscribers and users acknowledge that they are aware of, and accept as satisfactory, SalenGo credit card number protection procedures. In addition, SalenGo is compliant with Payment Card Industry, an industry standard regarding credit card data. For more information on these standards, please visit https://www.pcisecuritystandards.org/

K. Disclosure of information.

While we acknowledge that the confidentiality of any information stored into our system must be maintained at all costs, we may, upon special circumstances have to disclose information about subscribers in any of the following circumstances.

  • Fraud prevention and law enforcement
  • To comply with any legal, governmental or regulatory requirement
  • Our lawyers in connection with any legal proceedings
  • On police requests

L. Third Party links and Content.

This website may contain links to other websites provided by third parties. Such sites are completely independent to this site and as we have no control over them, we accept no liability in respect of the Subscribers use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this site, and neither do we endorse any of these sites or their products and services. Should the subscriber or user elect or enter into a binding contract with any of this site, we are not involved in any way and therefore we will not be liable in contract or otherwise for any injury, loss or damage suffered as a result of the subscriber or user accepting or offering to accept any products or service that are available from those sites

M. Authorization to export data.

The subscriber and the user acknowledges that we have the sole discretion to keep a copy of his/her/its transactional information gathered through the use of this website and other information uploaded on the subscribers account. We however shall not share such information with anyone except in the manner provided elsewhere in these Terms of Service.

N. Force Majeure.

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its unrealistic control, including but not limited to, acts of God, earthquake, embargo, labor disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

O. Severance.

All provisions of these Terms of Service are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Service should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term of Service shall be considered pro-non scripto, and shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of Service shall survive and remain in full force and effect and continue to be binding and enforceable.

P. Governing law.

This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable in France without any regard to a conflict of laws provision, and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of the France.

Q. Legal Status of SalenGo and its affiliates.

The website, www.salengo.com, and the name SalenGo are property of SalenGo, and its place of address as follows.

SalenGo
29, rue des pépinières
92330 Sceaux
France

Last updated on June 7th, 2012