By using Webmecanik, you confirm that you have read, understood, and accept the terms and conditions below.

The following general conditions form the orders and/or billing together as the contract (“Contract”).

The Contract constitutes an agreement between you (the “Client”) and Webmecanik of Annecy, France – registered no. 488 883 794 (“Webmecanik”).

Webmecanik and the Client may also herein referred to individually as “Party” or collectively as “Parties”.

Article 1 – Definitions

Article 2 – “End Clients” are defined as the legal entities of Clients who act as agencies in proposing to their Clients the use of Services.

Article 3 – “Documentation” refers to user manuals, user information, technical documentation, and any other documents relating to the use of the software, third-party software, and services. The Documentation is provided in an electronic format and is accessible through the Webmecanik website.

Article 4 “Details” refers to the collective data or information collected and used by Clients and/or End Clients through the use of services.

Article 5 – “Client Details” refers to the collective data or information related to clients and end clients, such as their IP address.

Article 6 – “Confidential Information” refers to the content of the contract and all technical, commercial, strategic, financial, economic information related to research, technical specifications, products, developments, marketing plans and/or commercial propositions, technical elements and supporting material of Webmecanik’s training,  inventions, procedures, studies, reports, memorandums, plans, drafts, commercial secrets, know-how, ideas, concepts,strategies and all other information that is confidential in nature, regardless of the form (oral, visual, or written) of communication between the Parties during the formation and execution of the contract.

Article 7 – “Software” refers to the computer programs developed by Webmecanik and made available to the Client by an intermediary service, in order to enable the latter access to Services agreed upon in the terms of the contract.    

Article 8 – “Third party software” refers to software developed by third parties, including open source software, and made available to the Client by an intermediary server, in order to allow the Client access to Services in accordance with the Contract stipulations.

Article 9- “Price” refers to the fees payable by the client to Webmecanik, according to the specifications in Annex A, for the provision of services.

Article 10 – “Server” refers to the Server owned and operated by Webmecanik, upon which software and third-party software is deployed, in order to provide Services.

Article 11 – “Services” refers to the collective services provided by Webmecanik to the Client according to the contract terms, as defined in Annex B and described in the Documentation.

Article 12 – “Site” refers to the website developed and/or hosted on the Server by Webmecanik in order to facilitate the use of the software and third-part software to deliver services.

Article 13 – “Support” refers to the support services and advice that Webmecanik provides to the Client to allow the adequate use of the software, third party softwares and services.

Article 14 – Object

The contract has the objective of defining the conditions upon which Webmecanik, with consideration of payment of the price by the client:

  1. Grants access and the rights to use software, third party software, the server and the 
  2. Provides services to the client

Article 15 – Timing of Agreement – Duration

The Agreement shall enter into force on the date of creation of an instance on the Site, for a period of one (1) year; whereafter the Agreement will be renewed every thirty (30) days unless otherwise terminated by either Party by letter. The other Party must receive the aforementioned letter at least thirty (30) days prior to the current contractual period.

Article 16 – Price – Payment Conditions

16.1 – Price

The Price is specified on the financial terms set out in Appendix A.

16.2 – Conditions of payment

The Price is exclusive of all taxes, customs duties, levies and other applicable taxes, which will be paid by the Client.

In instances where there is a failure to pay Webmecanik according to the terms stipulated in the contract:

  1.  Any unpaid amount will be charged to the Client at an interest rate equal to three (3) times the legal interest rate. This charge will be applied to the amount due for each day the amount owed to Webmecanik remains unpaid.
  2.  Webmecanik will be entitled to invoice the Client a sum of no less than forty (40) euro as referred to in Article L. 441-6 I 12e of the Commercial Code for expenses (Including any costs of administration, disbursements and legal fees or for bailiff services).

Article 17 – Software Licence

Webmecanik grants to the Customer, who accepts it, a personal, non-exclusive and non-transferable worldwide ability to use the Software for the duration of the Contract, for the sole reason of providing Services according to the conditions specified in the Contract.

Within this right of use, the Client agrees to not:

  • Make copies of all or part of the Software, in any way whatsoever;
  • Analyse, or request a third party to analyse, for the purpose of observing, studying and testing the operation of the Software to determine the ideas and principles upon which the elements of the program are based when the Software performs functions of loading, display, execution, transmission and/or storage;
  • Decompile, disassemble the Software, reverse engineer derivative works from the Software, or attempt to discover or reconstruct source code, ideas based on it, algorithms, file formats, or interfaces Programming or interoperability of the Software, except as permitted by Article L.122-6-1 of the Intellectual Property Code, in any manner whatsoever. In the event that the Client wishes to obtain the information necessary to implement the interoperability of the Software with another software, the Customer agrees to request this information from Webmecanik, who may provide the necessary information to the Client, subject to payment by the latter of the associated costs;
  • Modify, improve, translate the Software and the Site, including to correct bugs and errors. Webmecanik reserves its exclusive right for this in accordance with Article L. 122-6-1 I 2 ° of the Code of Property Intellectual property;
  • Transfer, lease, assign, pledge, or transfer all or any part of the Software or Site property in any manner whatsoever.

Notwithstanding the above, the Client may authorise End-Users to use the Software solely for the purpose of using the Services, under the terms and conditions specified in the Agreement, under a non-exclusive and non-transferable personal sublicense. This sublicense will be granted to End-Clients on a worldwide basis and for the duration of the contract concluded between the Customer and its End Clients, within which the duration will not exceed the duration of the Contract.

Article 18 – Third Party Software

By accessing the Site and using the Services, the Client and the End Clients may use the Third Party Software. The use of this Third Party Software is governed by the conditions of the license of the third party concerned.

The Customer and the End Client must read carefully and respect the conditions of license of the Third Party Software. Webmecanik does not grant any license or assignment of rights to any such Third Party Software and shall not be liable for any damage or result of such Third Party Software.

To date, acceptance of the Contract by the Client, the Third Party Software includes:



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Article 19 – Webmecanik’s Commitments

19.1 – Delivery of Services

Webmecanik will provide the client with all services outlined in Appendix B.

The Software, Third Party Software, Services, Site, Data and Client Data are hosted on Webmecanik infrastructure and Servers, which are designed and scaled at Webmecanik’s sole discretion. In particular, the infrastructure and Servers of Webmecanik may be shared by several customers, which the Client accepts.

Webmecanik reserves the right to modify all or part of the Site, the Server, the Software and/or Third Party Software, any element of the existing infrastructure, as well as any hardware or software at its discretion.

The Client agrees to provide Webmecanik with all reasonable information necessary for the establishment and provision of the Services, upon request from Webmecanik.

19.2 – Access to the Site Administration Interface

The Client will be provided with a username and password enabling them to use an account with administrative rights to access an interface and enter all Client data necessary for the execution and use of the Services and/or the management of the Site (hereinafter referred to as the “Backoffice”).

The Client understands and agrees that it is impossible to access the Backoffice without entering their username and password. The Client agrees to keep their username and password private and not to disclose it to any third party. The Client understands and accepts that they are solely responsible for the security of their username and password and will ensure to promptly inform Webmecanik of any suspicion of the theft or fraudulent use of their username and password.

The Client may grant access to the Backoffice for their End Client and vows to ensure that the End Client meets the conditions of the Contract and the terms and conditions of access to the Backoffice.

19.3 – Support

The Client should notify Webmecanik of any incidents that the Client considers to be incidental or malfunctional by e-mailing support at webmecanik dot com. In their e-mail, the Client will provide Webmecanik with all relevant information in order to enable Webmecanik to attempt to replicate such incidents or malfunctions. It will remain the right of Webmecanik to determine the necessity and content of any possible response to any incident or malfunction.

Article 20 – Client Commitments

The Client guarantees to:

  1. Strictly comply with the terms of the Agreement, the Documentation and any reasonable instructions and instructions of Webmecanik
  2. Not take any action that may affect the trademarks of Webmecanik and the reputation of Webmecanik, Software, Third Party Software or any other Webmecanik product;
  3. Use the names and trademarks of Webmecanik only in accordance with Webmecanik’s written requirements unless expressly agreed in writing between the Parties;
  4. Inform Webmecanik of any potential incident or malfunction discovered during the use of the Software and delivery of Services;
  5. Promptly notify Webmecanik of any injunction, claim or action directly or indirectly in connection with Third Party Software and Software and not enter into any transaction in connection with Third Party Software and Software without the consent Prior written request from Webmecanik
  6. Not to use the Software, Third Party Software, Services and/or Server for illicit or unlawful purposes, nor violate of the intellectual property rights of Webmecanik or any third party.

Article 21 – Data

21.1 – Client Data

The Client acknowledges that the Contract does not create any obligation for Webmecanik to retain Client Data and that Webmecanik can not in any way be held liable to the Customer for this fact.

Client Data shall in no way: (i) violate the any applicable laws; (Ii) infringe any copyright, trademark or other rights of any third party; (Iii) contain unlawful, hateful, obscene, abusive, threatening or defamatory statements; or (iv) contain any virus or malicious code.

In the event that one of the Parties becomes aware that any part of the Client Data contravenes the provisions of this Article, each Party undertakes agrees to notify the other Party and to work together promptly in order to put an end to this difficulty, on the understanding that Webmecanik is authorised to remove any infringing elements until the Parties have agreed upon a solution. The Client agrees to implement reasonable measures to search for viruses and other malicious code before uploading any data to the Server, Site, Software and Third Party Software.

21.3 – Data Ownership and Client Data

The Client retains all rights, titles and interest in regards to the Data and Customer Data. Webmecanik does not have any rights, title or interest in the content processed by the Software and the Client retains all the rights to this regard.

21.4 – Ownership of the Software and the Site

The Client acknowledges that the Software and the Site, including any patches, workarounds, updates, upgrades, enhancements, and modifications provided to the Client, as well as all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights referred to remain at all times the entire and exclusive property of Webmecanik.

21.5 – Know-How

Any idea, know-how or technique that Webmecanik has developed, including any improvement or modification of computer programs carried out by Webmecanik is the exclusive property of Webmecanik. Webmecanik may, at its sole discretion, develop, use, commercialise and license any software or data processing element that is similar or in connection with Webmecanik’s developments for the Client. Webmecanik is under no obligation to disclose any ideas, know-how or techniques that Webmecanik has developed that Webmecanik considers to be confidential and its property.

21.6 – Data Retention
Data collected by the Marketing Automation Software is stored for a maximum of 12 months after the last visit to the website. After this period all recorded data regarding the user will be deleted.

21.7 – Data Management Process

Webmecanik will not process its clients’ data.

In specific cases, and when the client requests it via Webmecanik support, Webmecanik is likely to possess and handle their clients’ data.

In this context, the following rules are applicable:

Working method

  1. Webmecanik fulfils the client demand (data formatting to match the Software standards, import, etc.);
  2. Webmecanik employees will not assess the data quality, nor copy this data when not needed to proceed the client’s demand;
  3. Webmecanik will ensure the data is deleted after proceeding according to the client’s demand; both locally when stored on a computer, and in the email inbox.

    Employees likely to handle client’s data:

  • Developers
  • Support executive
  • Support manager
  • Account manager

Article 22 – Responsibility

Webmecanik cannot be held responsible for any direct damage and predictable in the sense of articles 1150 and 1151 of the Civil Code that it could cause to the customer in the framework of the execution of the Contract.

The parties have expressly agreed to exclude the responsibility of Webmecanik for any indirect damage or damage unpredictable and in particular in the case of loss, interruption of the availability or corruption of data, loss of profits, loss of income, loss of clientele, damage to the image or weakening of any of the assets of the customer and/or end customers. The damage suffered by the third party and the end customers are also qualified of indirect damage. Webmecanik cannot be held responsible for:

  • Any damage resulting from the loss or the inaccuracy of data, results or programs, the destruction of files or programs, the supply of equipment, software, a service or a technology;
  • Any loss or damage suffered by the customer and/or end customers of the fact of a request of a third party (except in the cases provided for in Article 25); or
  • Any non-compliance with the instructions or any use non-compliant software, software of third parties, of the Site and/or the Services by the customer and/or end customers.

Webmecanik cannot be held responsible for any delay or difficulty resulting from the computing environment or the customer network, third-party vendors of the customer and/or a supplier of Internet access in the client.

Within the limits permitted by the Act, Webmecanik expressly excludes its liability for defective products as defined in Articles 1386-1 and following of the Civil Code, in particular with regard to the damage to the goods which are not used by the customer for personal purposes.

In no case the total liability of Webmecanik under the contract cannot exceed the total amount of the sums paid by the client to Webmecanik in the application of the contract during the twelve (12) months preceding the event which gives rise to the implementation of the responsibility.

Article 23 – Warranty


Webmecanik, at its expense, will defend and indemnify the Client against any condemnation and expense, including the reasonable costs of counsel, in the framework of any action or proceeding arising out of an allegation of this that the Software infringes a valid patent, copyright or trade secrets of a third party located in the country in which the customer is established, subject to that Webmecanik is notified by the Customer of such an action without delay. In the hypothesis where, at the end of this action or procedure, all or part of the software would be considered, by a decision of Justice insusceptible of recourse, as constituting an infringement, Webmecanik undertakes, at its expense and its discretion, to:

  • Obtain for the customer the right to continue to use the Software;
  • Modify the Software so that they are no longer infringing;
  • Or remove the infringing part of the Software.

Webmecanik alone will be authorized to have the control of any defense and/or of any transaction in the framework of such action and the customer undertakes to provide Webmecanik reasonable assistance in the framework of this defense. Notwithstanding the foregoing, Webmecanik will not be held by no obligation to the client for any request as mentioned above, in the assumption that the software:

  • Have been used in a manner not in accordance with contractual stipulations;
  • Have been Used in correlation with another element, since the infringement would not have been incorporated in the absence of such a use.

The foregoing provisions constitute the entire responsibility of Webmecanik and the only recourse of the client in case of infringement of any copyright, patent, trade secret or other right of intellectual property with regard to the Software, Third Party Software and Services.


Any warranty other than those defined in Article 23.1 above is expressly excluded by Webmecanik.

In particular, Webmecanik (i) does not guarantee the absence of bug and accordingly does not guarantee that the use of the Software, Third Party Software, Server, the Site and/or services will be uninterrupted and error-free and (ii) specifically excludes the warranty against latent defects such as defined by articles 1641 and following of the Civil Code.

The customer declares to have a perfect knowledge of the Internet and its limits. The Customer recognizes in particular that the transmissions on the Internet are not secure and may be delayed, lost, intercepted, corrupt and that the transmission of confidential information via the Internet is carried out by the client at his own risk and peril.

The guarantees defined by this Article are subject to the stipulations of Article 19 above.

Article 24 – Termination


A part (the “Initiating Party”) may terminate the Contract by sending a notification by registered letter with acknowledgment of receipt to the other party (the “faulty part”) when the faulty part lack to one of its obligations under the contract:

  • With immediate effect, if the breach is irremediable;
  • Or in a period of thirty (30) days of the receipt of the notification sent by the initiating party which describes the shortcomings and request to the faulty part to remedy if the breach can be remedied and that the notification has remained without effect.

For the purposes of this Article, any breach of the customer to Articles 16 or 20 of the contract will be considered as irrecoverable.


Each of the Parties may terminate the contract for convenience at any time, by registered letter with acknowledgment of receipt to the other Party, it being specified that in such cases:

  • Webmecanik will retain the whole of the monthly fee paid by the customer under the terms of the Annex A in respect of the month during which the termination for convenience is notified;
  • Webmecanik is authorized to interrupt the supply of services to the customer, as soon as the last day of the month in which the termination for convenience is notified;
  • Webmecanik is authorized to immediately and automatically charge the client, as penalties, a sum representing 100% of the total amount of monthly charges remaining due to Webmecanik by the Client under the rest of its duration of commitment under the terms of the Appendix A.

Article 25 – Confidentiality

The Parties will make all reasonable efforts to identify as confidential all confidential information by affixing the correct mention.

Each Party who receives confidential information of the other Party undertakes to take the necessary measures to maintain a strict confidentiality of these data and not to publish or to reveal to third parties, and not to use the Confidential Information for purposes other than those defined in the contract.

The above obligations have not intended to apply to information

Confidential information of one of the Parties that:

  • At the date of conclusion of the contract, or at any later time, become publicly known by any means, other than a breach to the stipulations of the contract by the recipient party or a third party;
  • Are legally obtained from a third party authorized to transfer or disclose this information;
  • Are disclosed in accordance with an injunction or a request of a court or a competent administrative authority, subject that the receiving Party shall promptly inform the other Party.

The confidentiality of the information is required for the duration of the Contract and for a period of five (5) years from the date of the termination of the contract, for whatever reason.

Article 26 – stipulations various


Subject to the provisions of the contract or of the express written consent of Webmecanik, in no case the client is authorized to sublicense, assign or transfer to a third party all or part of its rights and obligations under the Contract.

26.2 – ENTIRE

The Contract constitutes the entire agreement between the parties with respect to the Access to and the use of software and the provision of services and prevails on all agreements, negotiations and discussions in the past.

The contract cannot be modified by written amendment signed by authorized representatives of the Parties.


In the hypothesis where one or more stipulations of the contract would be considered invalid, illegal or unenforceable, the other clauses will retain their scope and effect and the stipulation invalid, unlawful or unenforceable will be replaced by a stipulation determined by mutual agreement of the Parties, which, while being valid, lawful and applicable, will be as close as possible to the intention of the Parties during the drafting of the stipulation considered invalid, unlawful or unenforceable.


Any notification in application of the provisions of the Contract shall be made in writing to the address of the other Party listed on the last page of the Contract.


Except as regards the payment of the price, none of the Parties will not be considered in breach of the terms of the Contract by reason of a failure of implementation which would result of an event of force majeure as defined by the French courts, including the war (declared or not), terrorist acts, the invasions, the rebellions, embargoes, sabotage, vandalism, the total or partial strike, social conflicts internal or external to Webmecanik, civil wars, the storms, natural disasters, fires, epidemics, the failure of transport or suppliers, in particular the failure of suppliers of electrical energy, heating, air conditioning, electronic communication networks, transportation of data or satellites.

Article 27 – Applicable law – Court of Jurisdiction

The contract is governed by the French law.

In the event of a dispute between the Parties, the Parties agree to meet to exchange on this dispute prior to initiate a formal procedure with a view to decide this dispute.

The parties expressly agree to submit any dispute relating to the contract to the exclusive jurisdiction of the courts of the jurisdiction of the Court of Appeal of Paris, notwithstanding plurality of defendants or call in guarantee, including for the procedures on request or in reference.

Annex A – Financial Conditions

The price is a function of the number of contacts identified with an email address: http://WWW.WEBMECANIK.COM/AUTOMATION/PRICING/

Invoices are issued monthly by Webmecanik and are payable term accruing.

Additional contacts are charged at the beginning of the following month for the month just finish.

Payments are made by bank card. The customer is informed and accepts that Webmecanik retains the data relating to the credit card provided by the customer for the needs of the collection of the sums due under the Contract. The Customer undertakes to communicate to Webmecanik all updates of its banking data, in writing and without delay, so as to avoid any delay of payment.

Annex B – Services of Webmecanik / Software Features

Webmecanik will provide the following services to the Client under the contract, subject to the respect of the whole of its stipulations by the Client: http://WWW.WEBMECANIK.COM/AUTOMATION/FEATURES/

Appendix C – Levels of Services / Quality

This Annex describes the Quality Levels of Services (SLA) in the framework of the services offered to the customer.

Webmecanik undertakes to provide the accommodation the customer site on the next server a level of availability of 99.9% per month which is considered as respected when the cumulative duration of the unavailability is less than or equal to one (1) hour per month.

This calculation of the level of availability does not integrate the following events:

  • In cases of force majeure or unforeseeable circumstances;
  • Events not attributable to Webmecanik (including, without this list being exhaustive, disorders of the Internet network or the difficulties attributable to the customer or third party operators under the present Contract);
  • Periods of scheduled maintenance;
  • Interruptions related to changes to hardware and operating systems of the client and/or to configurations and settings made by third party entities without the authorization of Webmecanik.

Webmecanik undertakes to provide the client with measuring instruments and regular follow-up (reporting, instrument panel) allowing him to check the conformity of the levels of services.

Appendix D – Support/Maintenance of Software

Throughout the duration of the contract, and in accordance with the terms of Article 19.3 “media”, Webmecanik undertakes to ensure the customer the benefits of maintenance on the Software.

The maintenance on the Software includes the achievement by Webmecanik of the following benefits, as defined below:

  • The provision of updates on the Software;
  • The correction of anomalies in order to manage incidents or malfunctions of the Site and/or Server;
  • The provision of new versions of the Software.

Webmecanik undertakes to make available to the Client A access to its service support/helpdesk via the following email address: Support@webmecanik.com or the platform of support available from the site www.webmecanik.com , in order to manage the anomalies and ensure a support remotely to the customer in the working days (Monday to Friday, excluding holidays) and the Office hours: from 9h to 19h, according to the modalities defined in this Annex.


Anomaly: designates any failure, incident, malfunction, bug or blocking, Default, degradation of performance (other than network performance) and/or non-compliance to the documentation or a contractual document, affecting all or part of the Software. The anomalies are classified into three (3) categories according to their criticality or of their impact on the activity of the Client: Blocking anomaly, Major anomaly or Minor anomaly.

Blocking anomaly : refers to a discrepancy rendering impossible the total use of software or a feature essential to the use of the Software.

Major anomaly : means a fault causing limitations or major restrictions in the use of the Software.

Minor anomaly : means an anomaly which is neither Blocking nor Major and in particular any anomaly which has no significant impact on the use of the Software, but that bothers the Client in the use of all or part of the Software.

Update : Designates a evolution of all or part of the software incorporating corrections of anomalies and/or improvements to the functionality and/or existing performance.

New version : refers to a later version of the Software. The new versions are of major new versions and can include options, features, improvements of characteristics, or the performance of the Software.


Level of criticality of the anomaly

Time limit for taking account of the anomaly

Delay of the initial diagnosis of the fault

1. Stopping

½ Day

1 Business Day

2. Majeure

½ Day

3 Business Days

3. Minor

1 Business Day

5 Business Days

These support levels are expressed in working days and shall enter into force from the date of the receipt of a request of anomaly accompanied by the necessary information listed in point 3 below.

The time limit for taking account of the anomaly is defined as a period of acknowledgment of receipt of the anomaly by Webmecanik. The time of the initial diagnosis of the anomaly is a first technical analysis of the anomaly of the client, and cannot be understood as a period of resolution of the anomaly, and in particular as any obligation of Webmecanik to provide a definitive correction to the customer.

The non-compliance of a delay by Webmecanik cannot engage the responsibility of Webmecanik if the delay is caused by the customer, for example in the case where the information to be provided by the customer are incomplete or incorrect or in the case where the delay is the result of the network of the customer or of any third party operator.

Any discrepancy found by the customer will be previously qualified and notified by the customer at the time of the client request. After analysis, Webmecanik reserves the right to modify, at its sole discretion, the level of criticality of the discrepancy found by the customer. In case of disagreement, the level of criticality of the anomaly withheld will be the one defined by Webmecanik.

The content of any possible correction to bring to any anomaly, incident or malfunction as well reported by the client remains at the sole discretion of Webmecanik.

Webmecanik undertakes to make its best efforts to the taking into account of any anomaly in the time limits specified in the levels of support described above, and this in accordance with their level of criticality and the inconvenience for the customer.

Subject that Webmecanik respects this commitment, Webmecanik cannot be held responsible for any damage suffered by the customer that is linked to the time limits of correction of an anomaly.


Any requests from the customer must be addressed to Webmecanik using the address Support@webmecanik.com or the platform of support available from the site www.webmecanik.com and contain all the necessary information listed below in order to allow the taking into account of the anomaly.

The time limit for taking account of the Anomaly does the short that from the time the request accompanied by the information listed below is required for the submission of the anomaly have been transmitted by the client to Webmecanik.

At the time of the submission of an anomaly, the following information will be transmitted by the client to Webmecanik via the address Support@webmecanik.com or the platform of support available from the site www.webmecanik.com:

  • Name of the client;
  • Description of the behavior of software during the occurrence of a fault (error message or information displayed);
  • Conditions of appearance and reproduction of a fault;
  • The means implemented to compensate for the appearance of a fault;
  • Possible circumvention (if known),
  • Qualification of the level of criticality of an anomaly.

In order to submit any anomaly to Webmecanik appropriately, the customer must ensure that the anomaly comes from the software made available to the customer by the intermediary of the server, and not an anomaly or a malfunction network of the customer or a third party equipment from the customer’s computing environment.

Webmecanik reserves the right to retain the requests of the client for the subsequent improvement of software.