Terms & Conditions and Privacy Policy 

The present general terms and conditions of sale are relative to the company IT-TUN

DEFINITIONS

VOCABULARY

“Product” here refers to the different software and extensions published on the website. IT-TUN is a computer company. It publishes and distributes software and offers IT services.

“Customer” or “You” or “Users” refers to any individual or legal entity receiving the product or associated services likely to order or use our services and software.

“Service” means here a service realized by IT-TUN. Each service can be the object of a detailed proposal, specific and adapted to the customer.

The acceptance of the terms of this proposal by the customer has contractual value.

SERVICES

IT-TUN offers the following services:

Maintenance

Access by download to major and/or minor updates, and unlimited access to technical support, by telephone (+216 55 617 838 / +216 23 188 522) and via email (contact@it-tun.com). The company IT-TUN ensures the maintenance of the published software.

Functional support

The functional support service is a complement to the maintenance contract. It is intended to treat all the requests not covered by this maintenance contract, namely the requests for non “technical” support: questions of use, advice and optimization of parameterizations, complements of training…

Implementation services or Services

All the services offered to the Customer to develop software in correspondence and in response to his needs. These implementation services include (non exhaustive list) :

Analysis

Definition of the needs and the perimeter of the target solution that can be formalized in a specification

Installation

Installation of the required software/libraries in the customer’s IT infrastructure so that the software performs the functions described in its documentation

Parameterization

Definition of structures necessary to the use envisaged by the customer and transfer of competences towards the functional administrators of the parameterized application

Optimization

Taking into account new customer needs for an advanced and more complete use our software

Specific development or plug-in

Complementary computer development realized outside the basic functions of the commercial version of our software. These complementary developments are carried out on the basis of a customer’s request expressed in a specification approved by IT-TUN, and of a technical and commercial proposal carried out by IT-TUN and approved by the Customer. They will be subject to a maintenance contract. This contract will be separate from the basic software contract.

FIELD OF APPLICATION

The present general conditions of sale are applicable to the sale of our software and associated services. They are applicable in their entirety to any contract concluded between IT-TUN and its end customers, regardless of the place of delivery. Any condition contrary to the present general conditions of sale, set out by the purchaser in his general conditions of purchase or in any other document, shall be unenforceable against IT-TUN, regardless of when it may have been brought to its attention. Without the express prior agreement of IT-TUN., we shall not accept any deviation from the present general conditions of sale. IT-TUN reserves the right to modify these general sales conditions at any time, without prior notice.

PRICES

The prices of the product and the services are indicated in Dollars excluding taxes. They are the subject of a detailed list that can be transmitted to the Customer on request. For any product we calculate the price excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes that may be due are payable by the customer. These rights and sums are not under the responsibility of IT-TUN.

PROMOTIONAL PRICES AND DISCOUNTS

We may offer promotions and/or discounts on our products at fixed and delimited periods. If several promotions and/or discounts are in progress, IT-TUN will offer the customer the most advantageous promotion and/or discount. Promotions and discounts are not cumulative. IT-TUN reserves the right to modify its prices at any time.

We invoice the products and services on the basis of the rates in force on the date the order is registered. The information relating to the prices and the availability of the products can be the subject of modifications.  It is given as an indication only.

ORDERS

IT-TUN undertakes to accept all orders under the terms of these general conditions of sale, whether received by mail, fax or email.

Any order placed with IT-TUN is firm and definitive for the customer as soon as IT-TUN receives a valid order form, i.e., one that mentions all the following indications: “Good for Agreement”, identification of the signatory and signature and, for companies, their stamp.

IT-TUN reserves the right to cancel any order from a customer with whom there is a dispute concerning the payment of a previous order. Upon receipt of the customer’s order, IT-TUN will send the corresponding invoice(s) by mail.

INVOICING AND PAYMENT

In the absence of a detailed written dispute received within three weeks of the date of issue of the invoice, the latter shall be deemed to be due in full on its due date without any other possible recourse. Payment is due on the due date indicated on the invoice. We do not grant any discount for early payment.

You can pay your invoices using your credit card on our FastSpring payment integration. In case of non-payment on the due date, IT-TUN will demand immediate payment of all outstanding invoices. Late payment may also result in the suspension of orders and deliveries in progress and the withdrawal of any possibility of payment period as mentioned above, or even the return of the products.

DELIVERY

We will deliver the product ordered, unless otherwise agreed, upon receipt of payment by credit card or bank transfer.

We deliver the product electronically to the correspondent identified in the order.

The documentation is available online and we can deliver it electronically (.pdf format) for offline use upon request of the customer.

SERVICES

IT-TUN studies for each customer the services necessary to meet the needs expressed by the customer. The customer validates these services and their contents as described by IT-TUN by placing an order. It is the customer’s responsibility to evaluate his needs and to communicate them to IT-TUN in an exhaustive manner. The customer must check that his employees have the required level of prerequisites to follow the said services, if necessary. Consequently, IT-TUN can in no way be held responsible for the inadequacy of the services it offers to the customer’s needs and/or the level of competence of the latter’s personnel.

ACHIEVEMENTS

IT-TUN undertakes to carry out the services with all the care and competence at its disposal and within the framework of its obligation of means. IT-TUN shall only be held liable for any proven and exclusive fault of IT-TUN.

IT-TUN is not responsible for the objects and personal effects of the client’s personnel, nor for damage caused to the client’s equipment. IT-TUN shall in no case be liable for any indirect, material or immaterial damage, consecutive or not, such as commercial or financial prejudice, loss of clientele, loss of brand image, loss of profit, loss of orders, any commercial disturbance whatsoever, loss or total or partial destruction of the customer’s data or files, as well as for any action by third parties.

Without prejudice to the above, the liability IT-TUN, if it is called into play in respect of services, is expressly limited to the price actually paid by the client for the service concerned.

INVOICING

IT-TUN shall invoice the Client directly for the services provided. The dates for the provision of services communicated to the client before IT-TUN receives the order are given as an indication, and must be confirmed by IT-TUN upon receipt of the order in order to be binding on IT-TUN.

The customer must communicate any cancellation in writing. If a cancellation occurs less than eight calendar days before the date of the service, IT-TUN shall invoice the sums it has actually spent or committed to the realization of this service. IT-TUN also reserves the right to charge cancellation fees that may reach a maximum of the total price of the service, including in the case of the sale of services on a fixed-price basis, in which case these cancellation fees may not exceed the catalog price of the same service sold on a fee basis.

IT-TUN will make every effort not to make any changes to the proposed training dates made to the Client. However, the company retains the right to modify these dates according to its availability and the search for the best balance of services. In such a case, we will inform the Customer by email. Any change in the schedule of services does not give the Customer the right to claim any compensation. The client acknowledges that IT-TUN may subcontract or assign all or part of its rights and obligations in respect of any training service.

TRAINING

You can obtain training sessions within the framework of continuous training. At the end of the training, the company will send an invoice to the Client. After the beginning of the training, in case of cancellation, absenteeism or abandonment, IT-TUN will invoice directly to the customer the totality of the price of the training.

Any modification of the contract or the agreement can only be taken into consideration if it is received in writing by IT-TUN within 8 days before the date scheduled for the session, with the subject of the request for modification. IT-TUN reserves the right to refuse any modifications. It is possible to replace a trainee who is unable to attend by another person with the same profile and the same training needs at any time.

SERVICES (INCLUDING TRAINING)

IT-TUN studies for each customer the services necessary to meet the needs expressed by the customer. The customer validates these services and their contents as described by IT-TUN by placing an order. It is the customer’s responsibility to evaluate his needs and to communicate them to IT-TUN in an exhaustive manner. The customer must check that his employees have the required level of prerequisites to follow the said services, if necessary. Consequently, IT-TUN can in no way be held responsible for the inadequacy of the services it offers to the customer’s needs and/or the level of competence of the latter’s personnel.

RESPONSIBILITY

By express agreement between the parties, IT-TUN is subject to an obligation of means. Under no circumstances shall IT-TUN be liable for indirect or immaterial damages, damages related to a delay in delivery, a shortage or damage, damages related to a non-conformity with the customer’s needs, or damages due to a cause beyond IT-TUN’s control. Thus, IT-TUN shall not be held responsible in the event of disruption or total or partial strike, of the postal services and means of transport and/or communication.

INTANGIBLE RIGHTS ON THE SOFTWARE

The sale of software and other products does not involve, in any case, transfer of reproduction rights, representation, exploitation and more generally all intangible rights recognized or to be recognized to those who took part in the realization of software and other products and to their assignees.

The customer shall not broadcast or allow the broadcasting of all or part of the software and other products sold, by any system whatsoever. The customer is also forbidden to ensure or have ensured public representations for commercial purposes, except with the express agreement of IT-TUN, the customer is forbidden to reproduce, have reproduced or allow the reproduction, even partial, of this software or other products, whatever the modalities. Violation of these provisions may result in the cancellation of any order, notwithstanding the initiation of legal proceedings.

RESERVATION OF OWNERSHIP

IT-TUN retains ownership of the products sold until the effective payment of the full price in principal and accessory. In the absence of integral payment of the price of the products in principal and interests, IT-TUN will be able to take back the not paid goods between the hands of the purchasers or to require the direct payment of it on behalf of these. The default of payment of any of the due dates can involve the reclaiming of the goods. Until full payment of the price, the customer will not be able to pledge the products, nor exchange them, nor transfer them as a guarantee. In the event of non-payment or incomplete payment, IT-TUN will have the faculty to engage, with the expenses of the customer, a procedure aiming at recovering them.

COLLECTION OF INFORMATION

We collect information when you make a purchase. The information collected includes your name, email address, phone number, and/or credit card information.

In addition, we automatically receive and record information from your computer and browser, including your IP address, your software and hardware, and the page you request.

USE OF INFORMATION

Any information we collect from you may be used to:

– Customize your experience and meet your individual needs

– Improve our site

– Improve customer service and your support needs

– Contact you via email

– Send you our newsletter

ECOMMERCE PRIVACY POLICY

We are the sole owners of the information collected on this site. Your personal information will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent, other than what is necessary to fulfill a request and/or transaction, such as to ship an order.

DISCLOSURE TO THIRD PARTIES

We do not sell, trade or transfer your personally identifiable information to third parties. This does not include trusted third parties who assist us in operating our website or conducting our business, so long as those parties agree to keep this information confidential.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or when required by law.

Non-private information, however, may be provided to other parties for marketing, advertising, or other uses.

PROTECTION OF INFORMATION

We implement a variety of security measures to maintain the safety of your personal information. We use state-of-the-art encryption to protect sensitive information transmitted online. We also protect your information offline. Only employees who need to perform a specific job (for example, billing or customer service) have access to personally identifiable information. The computers and servers used to store personally identifiable information are kept in a secure environment.

Do we use cookies?

Our cookies improve access to our site and identify repeat visitors. In addition, our cookies enhance the user experience by tracking and targeting user interests. However, this use of cookies is in no way linked to any personally identifiable information on our site.

UNSUBSCRIBE

We use the e-mail address you provide to send you information and updates regarding your order, occasional company news, the newsletter, information about related products, etc. If at any time you wish to unsubscribe and no longer receive emails, detailed unsubscribe instructions are included at the bottom of each email.

CONSENT

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