TERMS AND CONDITIONS
Version dated 2017/05/02
This translation was made in order to inform you. Only the French text has a legal value.
Those Use Terms and Conditions are concluded between Bajoo SAS (limited liability company) – hereinafter “Bajoo” – and the Client – hereinafter “Client”. Bajoo SAS has a €1,000 capital and is registered under the RCS (trade and companies register) 829 390 939 rcs Lyon (France) number, whose headquarters are located at 7 allée des sorbiers 69500 Bron – France.
Bajoo: Private online files storage Service supplied by Bajoo.
Bajoo Website: Website of Bajoo accessible from Internet network on https://www.bajoo.fr from Internet access of the Client.
Technical support: This unit is tasked with counselling the Client during the installation and the use of his Service by giving him technical advises or if necessary appropriate documentation.
Documentation: Thanks to Bajoo, the Client has access to several tools and documentations on https://www.bajoo.fr
Service: Refers to all the services supplied by Bajoo under Bajoo name in conformity with the contract the Client subscribed to for a fee or for free.
Client: Physical person or legal entity who is signatory to Bajoo general and particular contractual conditions for any service subscribed with Bajoo – including those for free.
Client identification: Client Account for any service subscribed with Bajoo allowing to access to the managing interface.
Data: IT files of all types belonging to the Client and that can be stored through the Service.
Softwares: All the programs, processes, rules and documentation related to the data processing system functioning allowing to access to the Service.
Contract: The contract is composed with the electronic order form filled by the Client through Bajoo interface, with those terms and conditions and eventually with particular conditions.
Encryption: Option available on Bajoo allowing to make confidential files stored thanks to a passphrase only known by the Client.
ARTICLE 1: PURPOSE
Those particular conditions aim at defining the technical and financial conditions of Bajoo offers from Bajoo company.
The Client admits he made sure he really needed the Service and he received all the information and advises from Bajoo that were necessary to subscribe to Bajoo service with full knowledge of the facts. Any use of the Service is subjected to the respect of those contractual conditions by the Client.
Those Service terms and conditions if necessary completed with particuliar conditions and/or appendix proposed by Bajoo are practical. It is not the case of any other condition, including potential conditions made by the Client. The Service offered by Bajoo for free is also ruled by those service terms and conditions.
ARTICLE 2: SERVICE SUPPLYING
2.1: Service description
The Service is a dematerialised storage of its files accessible from Internet network from several hardwares – computer, smartphone, mobile phone – thanks to the Bajoo software that you can download on https://www.bajoo.fr
On this website the Client can create/consult and/or modify and share inside his private or professional sphere.
The encryption of all the files stored is also allowed by the service, with the help of a “passphrase” only known by the Client.
The service also allows to keep several previous versions of documents (versioning).
The service also allows to share files and folders with other Clients.
A preliminary Software installation is required by the Service in order to get all the functionalities elaborated by Bajoo.
The Client can create his account on https://web.bajoo.fr or directly from Bajoo Software.
During his user account creation, the Client chooses the best offer and indicates the email address that he will use as his user name.
2.2: Access conditions
During the Service subscription, Bajoo ensures that all will correctly work and that the Service will be normally used.
ARTICLE 3: SUBSCRIPTION TERMS AND CONDITIONS
The Client has to log on himself on https://web.bajoo.fr and to register himself in order to subscribe to the Service.
He can also do it from Bajoo software. In that case, the Client has to firstly download and install the Software. Secondly he has to create his client account and to choose his password.
The Client has to assure himself that all the information he gave are correct.
As a matter of security, if the Client subscribes to any Service paying version, he will have to pay his order form by Credit Card. As soon as Bajoo confirmed his payment, his service will be activated.
ARTICLE 4: THE CLIENT’S OBLIGATIONS
The Client commits to respecting those terms and conditions.
The Client commits to communicating and justifying to Bajoo his contact details, his address and his correct bank account details. He also commits to updating them regularly.
It is up to the Client to give correct informations allowing his identification.
The Client commits to giving updated documents in case of move or bank account modification for instance, or in other words as soon as it is necessary.
The Client commits to using the Service in compliance with the legislative and regulatory applicable provisions.
The Client is aware of the fact that Bajoo can give him technical recommendation aiming at improving the Service quality and/or its security. As such he commits to connecting himself regularly to his managing interface and to his messaging service.
The Client remains only owner of data and files that he sends and/or store on the Service.
The Client renounces and forbids his users to send, store, copy and share data for which he may not have at his disposal all the rights or if not the permission from the assignee.
The Client renounces to use, store and/or share contents likely to harm public order or good moral standards and that are an incitation to racial hatred. Negationist, revisionist, violent, obscene, defamatory, zoophilous, child pornography, pornographic contents are also forbidden.
The Client accepts the entire liability of sharing his files stored on his Service.
The Client commits to not sharing his files stored on the Service to anyone who is not part of his private or professional sphere.
The Service is not a tool of massive file exchange and as such it cannot be used for massive file exchange. Bajoo reserves the possibility to do control measures to check the good use of the Service by the Client.
The Client commits to checking that files storage made by the Software are indeed successful. Bajoo does not accept any liability in case of failure during files storage or download process headed to the Customer space store. It is up to the Client to do everything required to check that a file he sent has been correctly stored on the Service and that it is not corrupted. Likewise, the Client agrees with the fact that he may send a file again if the previous try failed.
In order to move on to his commercial and technical applications, the Client will have to use his subscriber space accessible on https://web.bajoo.fr , his username, his password and clearly express his request.
The Client commits to directly paying the author of the complaint any sum of money that he may demand from Bajoo. Moreover, the Client commits to intervening on demand of Bajoo on any authority started against the company and also to guarantee Bajoo from any condemnation that may be returned against it on this occasion. Consequently, if there is any complaint and/or procedure returned against Bajoo linked to the Client’s obligations of this contract (no matter what the form, the reason or the nature is), the Client’s commits to personally taking it on.
The Client admits that Bajoo can do some technical interventions on its infrastructures that may impair the Service good functioning or adjourn it for a limited time, in order to improve the Service quality. Bajoo will restrict itself to previously communicate through its communication mods at its disposal the ways and means of the Service interruption and its estimated time.
The Client – considered as a consumer – commits to using the service with due diligence as it is written in the French civil code but also in the current jurisprudence. Any clearly abusive use of the service will allow Bajoo to limit or suspend all the Service or a part of it.
In case of any abusive use, Bajoo reserves the right to suspend the Client’ Service. Insofar as possible, Bajoo will let him know the Service use is the subject of a non-compliant or clearly abusive use. Bajoo will tell the Client of the situation and if necessary will invite him to check the harmony between the subscribed offer and his needs. Generally speaking, any non-compliant use to these terms and conditions will entail the possibility for Bajoo to suspend the Service.
The Client accepts the right of Bajoo to limit all the Service or a part of it if he does not respect those terms and conditions.
The Clients commits to using the Service in compliance with the current regulation and the provisions of this Contract.
The Client commits to taking all the necessary measures to the non-revelation or the illicit use of his passwords confidentially given by Bajoo allowing the Client to access to his managing interface. Those measures are also valid with the passphrase that the Client will use to allow his files encryption.
ARTICLE 5: THE CLIENT’S LIABILITY
The Client is the only responsible for his or his users Service use.
The Client is fully and exclusively responsible for the password and the encryption passphrase necessary to use his Service. Bajoo disclaims all liability for any illicit or fraudulent use of the password or passphrase provided to the Client. Passwords supplying is considered as confidential. Any intentional or non-intentional suspicion of a revelation of passwords supplied makes the Client the only responsible and not Bajoo.
If the Client gives access to a member of his staff or to anyone else to his Service and if that person makes a functioning anomaly resulting from his/her use, the Client will bear on his own the consequences.
Likewise, the Client bears on his own the consequences of the loss or theft of the passwords supplied by Bajoo. As part of the Service, we assume that the Client uses the Service.
The Client is responsible for any modification made on the setup defined by Bajoo and for the potential consequences of it.
In compliance with the dispositions of the article n°10 that you can read below, it is up to the Client to notify Bajoo of any technical incident he met when he used the Service. The Service use involves use of softwares protected by intellectual property right and belonging to Bajoo.
The Client assumes that the persons he gave access to his store space also respect those terms and conditions.
The Client is remembered that the Service use with his mobile phone may be the subject of an invoicing from his operator, which the Client must check. Bajoo disclaims all liability supposing that the Service use by the Client will have for consequence an invoicing from an other outsider operator from this contract.
The Client has the liability to subscribe to any reputedly solvent organisation in order to compensate all the damages that could be attributed to him, as part of this contract or its execution.
If the Client does not respect these previous points and/or those of the article n°4 and if there is any activity likely to cause a civil and/or penal liability, it will entail the right for Bajoo to interrupt without delay and without any preliminary formal notice the Client’ services. Bajoo may also have the right to immediately and legally terminate the contract – without any harm to all the right damages and interests to which Bajoo could claim.
The Client is the only responsible during the software installation. Bajoo guarantees that it has taken all the necessary precautions to assure the compatibility of its Software with the compatible hardwares. However, Bajoo can only warn the Client on the inherent hazards to the software installation on his computer.
ARTICLE 6: BAJOO OBLIGATIONS
The obligations subscribed by Bajoo are means obligations.
Bajoo commits to applying the necessary technical means for the Service good functioning in compliance with professional customs. However, Bajoo cannot be held responsible for the services depending on other operators. The Client assures he is aware of the fact that other operators intervene. As the Client’ passphrase is at no time known by Bajoo, it could not be held responsible for any liability in case of loss, theft or usurpation of the Client’ passphrase.
ARTICLE 7: BAJOO LIABILITY
Bajoo cannot be held responsible in case of:
• mistake, negligence, omission or failure from the Client, non respect of given advises
• unpredictable and insurmountable fact from a third party of the contract
• event or incident independent from Bajoo will
• app deterioration
• wrong use of computers by the Client or by his users
• intervention of a third party non authorised by the Client
• difficulty fallen to the Client’s Internet service provider or to the contractual relations between the Client and the aforesaid provider
• meteorological disruptions.
The liability of Bajoo cannot be blamed for the nature or the content of messages or information brought by the network or for any intervention from a third party. The liability of Bajoo will neither be blamed for any event linked to the non compliance of electrical installation made by the Client of any cabling or any wireless Internet.
Bajoo does not assure that the Service will work without any discontinuity. In case of Service failure, Bajoo will notify to the Client the failure involved, by informing him of the nature of it and will do its best efforts to find a solution to that failure.
In case of Service failure that may result from a mistake against it, the compensations owed by Bajoo will be equivalent to the direct, personal and certain damage linked to the failure involved. Any indirect damage is expressly excluded.
Excepting when the Client is considered as a consumer under the French Code of Consumption, Bajoo may not be held responsible towards a professional Client for indirect damages: business and orders loss, damage to brand identity, any commercial disruption, profits or Clients loss (because of a computer system deficiency or hacking or of an untimely disclosure of private data). In such cases, the Client may be his own insurer or take out an appropriate insurance.
If a third party carries out any action against the Client, it is an indirect damage and consequently does not give the right to get any compensation. In any case, the damages amount that Bajoo could have to pay – if it was found responsible – would be limited to :
– what the Client indeed paid to Bajoo for the period taken into consideration
– what has been charged to the Client by Bajoo
– the sum of money amount corresponding to the service price
– the Service part for which Bajoo has been found responsible.
The lower amount of those sums of money will be taken into account.
Bajoo lets the Client know that it may be led to keep an eye on the Service for reasons linked to networks security and services quality. Assuming that, Bajoo commits to respecting in any case the privacy right for concerned people.
Bajoo does not aim at knowing the nature of files stored by the Client. In this sense, Bajoo disclaims all liability as for the files that can be stored, sent or exchanged by the intermediary of the Service. Alongside, Bajoo reserves the ability to check the use compliance by the Client of the Service and as part of that, to check the nature of sent, stored or exchanged files by the Client. Supposing that, if Bajoo identifies inappropriate contents, the Service of the Client will immediately be legally suspended and cancelled.
ARTICLE 8: PRIVACY
Bajoo commits to setting up all the required measures in order to protect the Client’s files.
The Internet connexions made by the Client headed to the Service are encrypted by the SSL (Secure Sockets Layer) protocol, no matter what the nature of the connexion is: reading, data transmission or downloading.
Bajoo took all the necessary technical measures for the Client’s data privacy protection. The files are stored on the Service so that only the Client can access to them and in no case another holder of a Bajoo account Client can access to them.
The Client’s data privacy and security can be improved by using the encryption option. As the encryption passphrase is only known by the Client, Bajoo cannot read nor decode the files.
Bajoo commits to not intervening on the Client’s data apart from the ability to copy the space store contents inside Bajoo infrastructure, only to assure the Service duplication in case of a potential interruption.
ARTICLE 9: FORCE MAJEURE
Bajoo cannot be held responsible in any force majeure case as it is recognised by the jurisprudence and particularly:
in case of fire, explosion, transmission networks failure, collapsing installations, epidemic, earthquake, floodings, power cut, war, embargo, law, injunction, application or requirement of any government, strike, boycott or in any other circumstance out of reasonable control from Bajoo. The contract fulfilment or any other obligation fallen to Bajoo as part of those terms and conditions may be avoided, limited or disrupted. Subject to a prompt notification to the Client, Bajoo will then not have to execute its obligations within the limits of this impediment, limitation or disruption. The Client will not have to execute his obligations insofar as well as the obligations of this party are linked with this prevented, limited or disrupted execution with the exception that the affected party do its best to avoid or overcome such non-performance reasons and that the two parties react quickly as soon as such causes are stopped or cut.
The party affected by a force majeure case will have to regularly let the other party know by email what it thinks about the futur of the situation.
The contract may be legally terminated on demand of one or the other party and without any damages right for anyone in compliance with the article n°14.1 if the effects of a force majeure case last more than 30 days.
ARTICLE 10: ASSISTANCE
Bajoo provides a technical support to the Client:
on https://www.bajoo.fr on the “Assistance” page.
Thanks to the process of incident declaration from his managing interface or from the technical support, the Client can report any technical incident.
ARTICLE 11: INVOICING
11.1 Invoicing method
The invoicing is made in advance depending on the period selected. The amount is in euros and includes all taxes.
Bajoo reserves the right to modify the Service price and to apply any new tax or make any of the existing taxes increase.
11.2 Complementary options
The Client can choose to subscribe to complementary options that he could associate with the offers he subscribed to. Depending on the cases, the complementary options may be charged during their installation or there may be a by the month invoicing.
ARTICLE 12: PRICE, PAYMENT & PERIOD OF PAYMENT AND EXTENSION
Bajoo provides several services throughout this contract and as all the services are not the same, they all have different prices depending on the nature of the service provided. You can consult the applicable prices online on https://www.bajoo.fr and on demand to Bajoo at the 7 allée des sorbiers 69500 Bron – France address.
The subscriptions and services offered are mentioned on the order form. They all include all taxes and can be paid in euros in advance during the order form registration. Bajoo reserves the ability to modify its prices at any time, subject to let the Client know it by email or by an online warning on https://www.bajoo.fr
If the new prices are less in favor of the Client, Bajoo as to let him know it one month in advance. Further to this information, the Client will be free to put an end to his contract in compliance with the article n°14. If not, Bajoo considers the Client has accepted the new prices. Prices modifications will be applicable to all the contracts and particularly those which are currently executed. Bajoo reserves the right to apply without delay any new regulatory, administrative or legal tax or any rate increase of the existing taxes.
In order to take note of the last practicable prices, Bajoo advises the Client to regularly consult the prices page accessible on https://www.bajoo.fr
12.2. Terms of payment
The subscriptions paid in advance are guaranteed during the relevant period.
You can only pay by credit card.
Other payments, such as postal money order or Swift payment for instance, are not allowed.
The Service the Client subscribed to is automatically renewed for the same period he subscribed to the first time. It is renewed as soon as the first subscription period has expired. The payment is automatically debited from the bank account of the Client. However, the Client can ask for the cancellation of his Service by the intermediary of an acknowledgement of receipt post at the Bajoo Service Abonnés 7 allée des sorbiers 69500 Bron – France address, in compliance with the following terms and conditions:
– if the Client subscribed for a year or more, he has to ask for the cancellation at least 3 months before the anniversary of his contract. If not, the Client is committed again for the same period he subscribed to the first time.
– If the Client subscribed for a month, he has to ask for the cancellation at least 7 days before the anniversary of his contract. If not, the Client is committed again for the same period he subscribed to the first time.
Counting from the receiving date of the registered letter with acknowledgement of receipt, the Service will be cancelled within maximum 60 days.
No sum of money will be repaid to the Client during the termination.
12.4. Consequences of a late payment
Any non-payment – due to the payment by credit card cancellation or insufficient funds and/or rejection from our bank or automatic extension – will be considered as a late payment. If the Client asks Bajoo in time, the company can exceptionally postpone the payment date. If not, the total or partial non-payment at the expiration of any sum of money will have legally and immediately for consequences:
• all the sums of money the Client still has to pay for his contract will immediately be required, no matter what the payment method is. The balance of commitment has to be paid as well.
• the current contract will immediately be terminated
• if Bajoo wants to, it can suspend or terminate any current order until the complete payment has been done by the Client
• an interest with a 12% rate will be applied. It cannot be lower than 1.5 time the French legal interest rate
• all the current services will be suspended, no matter what their nature is and Bajoo does not need to have recourse to the article n°14 for that.
After the order form is done, the Client has one month to send a registered letter with acknowledgement of receipt to Bajoo if he does not agree with the nature and the invoicing of the Service. If there is any cost provided by Bajoo, the company will let the Client know it and send him all the corresponding supporting documents and invoicing, so the Client will pay what he has to pay in euros with a cheque.
12.5 Information on the invoices
Thanks to Bajoo, the Client can see all the invoices on his Customer space, which is accessible on https://web.bajoo.fr.
ARTICLE 13: CONTRACT DURATION
From the moment the contract is signed, the initial duration lasts one month. In case of order forms or contracts with a different commitment initial duration, it will start at this date.
The contract is renewed by tacit agreement for a same period and can be terminated at any time by the Client in compliance with the article n°14.2.
ARTICLE 14: SERVICE TERMINATION, LIMITATION AND SUSPENSION
14.1. In force majeure case and in compliance with the article n°9, each party can legally and without any damages terminate the contract.
14.2. In any other case, the Client is free to terminate his contract by sending a registered letter with acknowledgement of receipt to Bajoo 7 allée des sorbiers 69500 Bron – France. In compliance with the L121-84-2 article from the French Code of Consumption, the Client’s application for terminating his contract will be done within 60 days from counting on the receiving date from Bajoo, if the Client gave all the required information allowing his identification.
No sum of money will be repaid in case of anticipated termination.
14.3. If the Client does not respect those conditions, Bajoo reserves the right to suspend without any formal notice and without delay the Client’ Service and to immediately and legally terminate the contract. It does not include all damages Bajoo may claim.
If Bajoo terminates the contract following those conditions, the Client may not claim any repayment from Bajoo for all the Services already done by Bajoo and Bajoo may not have to repay the Client. Nevertheless, if the Client’s obligations non-respect is a damage towards Bajoo and makes it pay for damages, penalties, costs and fees, Bajoo reserves the right to take the Client to court to get the complete compensation.
14.4. Bajoo reserves the possibility to not renew the Service until its end. Bajoo will let the Client know it by email. On that date, the current contracts will continue until their expiry date, without any extension possibility.
14.5. If one party does not respect its contract obligations towards the other, the contract gets legally terminated, without any eventual damages that could be claimed to the deficient party. The contract is terminated within the 7 days following the receiving date of a registered letter with acknowledgement of receipt, containing the failures involved, or of any other form of notification as evidence, from the plaintiff party.
14.6. During the first presentation of the letter, the postmark will be the notification date of the letter containing the failures involved.
14.8. If the payment is not effective, the Service is legally restrained, limited, suspended or terminated.
14.9 In any event, restriction, limitation or suspension measures are taken in accordance with the seriousness and recurrence of the failures. They are determined according to the nature of the failures.
14.10 If Bajoo receives a legal notice from a competent, administrative, arbiter’s or judicial authority, and in compliance with the applicable and appropriate laws, the Client accepts in advance that Bajoo may make a Service restriction, limitation or suspension.
14.11 Any notification about this article made by the Client must be sent to Bajoo by registered letter with acknowledgement of receipt.
14.12 In order to comply with any adjudication or administrative decision or to comply with the law or to avoid any potential damage on the network, Bajoo reserves the right to immediately suspend the Service.
ARTICLE 15: RIGHT OF RETRACTION
The Client is considered as a consumer under the French Code of Consumption and he has the possibility to use his right of retraction, in compliance with the L.121-20 article from the French Code of Consumption. He has to contact the Bajoo commercial department in a seven clear day limit from the time the Service is functioning.
However, supposing that the Client uses his contract before the end of the retraction time, he admits and accepts that he will not be able to use his right of retraction, in compliance with the L121-20-2 article from the French Code of Consumption. It is valid during the first Service subscription and during extension or new order.
ARTICLE 16: PERSONAL DATA
The data collected are electronically handled to manage the Service. The data addressee is Bajoo and the collected data are besides: last name, first name, postal address, mail address, phone numbers, connection IP address.
The data given by the Client are kept for the necessary legal time to make the evidence in case of problem with the Client. Bajoo renounces any revelation or resale of nominative data related to the Client, which would be contrary to those conditions. Only Bajoo subsidiaries can access to them.
To comply with the 1978 January 6th “informatics and liberty” law, you have the right of access and rectification to your data. If you want to exercise your right and get your data, send a post to Bajoo 7 allée des sorbiers 69500 Bron – France.
The Client commits to respecting all the dictates of the law and the regulatory ones, which are related to informatics, files and freedoms. The Client particularly commits to making any electronic processing statement to the French National Commission on Informatics and Liberty (C.N.I.L.).
ARTICLE 17: PRACTICAL LAW
This contract is ruled by French law, as well as the content and style laws. On the other hand, this contract is not ruled by conflict rules of French law, nor by French law provisions that may stand in the way of this contract.
ARTICLE 18: GIVING OUT AUTHORITY
In case of dispute with a Client not considered as a consumer according to the French Code of Consumption, express jurisdictional authority is assigned to the Commercial Court of Lyon (France), regardless of plurality of defendants or claim for contribution from a third party. It is also valid for emergency and protective measures requested under a summary application or by request.
ARTICLE 19: TOLERANCE
If at some point Bajoo does not boast any of those terms and conditions and/or tolerates a failure from the other party towards those terms and conditions, it does not mean that Bajoo renounces to boast any of those terms and conditions later.
ARTICLE 20: GENERAL PROVISIONS
– Divisibility: the invalidity of one of those contract clauses of services provided by Bajoo does not mean it is the case for all the others ones, particularly if it is further to a law, a regulation or decision with res judicata effect by a competent court.
In that case and insofar as possible, the parties will have to replace the cancelled provision by a valid provision fitting those terms and conditions.
– Titles: the terms and conditions articles titles only aim at facilitating the references and do not have any contractual value or any particular meaning.
Version dated 2017/05/02
Bajoo – End user license agreement
Copyright © 2017 Bajoo SAS (limited liability company)
Bajoo is provided “AS IT IS”.
We aim at providing a service of great quality but we cannot promise some things. For instance, THE SERVICES AND SOFTWARES ARE PROVIDED “AS THEY ARE”, TO YOUR OWN CHANCES, WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE NOR CONDITION OF ANY SORT. WE REJECT ALL LIABILITY LINKED TO COMMERCIALISATION, A USE OF PARTICULAR PURPOSES OR THE ABSENCE OF COUNTERFEITING. (We wrote in capital letters just to let you understand that these are primordial information.)
Bajoo will not be held responsible for the potential damages to your computer system, for the loss or the degradation of your data or for other damages resulting from your access or use of Services or Softwares.
As some States do not allow such non-responsibility clauses in this paragraph, you may not be concerned by them.
LIMIT OF RESPONSIBILITY
INSOFAR AS THE LAW ALLOWS IT AND IN NO CASE BAJOO AND ITS MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS CAN BE HELD RESPONSIBLE FOR
(A) DIRECT, SPECIFIC, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSECUTIVE DAMAGES – INCLUDING THE LOSS OF USE, DATA, ACTIVITIES OR PROFTIS – RESULTING FROM ANY LEGAL THEORY, NO MATTER IF BAJOO HAS BEEN INFORMED OR NOT OF THE POSSIBILITY FOR SUCH DAMAGES TO OCCUR EVEN IF A PLEA APPEARS TO BE COMPLETELY INNEFFICIENT
(B) AN ACCUMULATION OF COMPENSATIONS FOR ALL THE COMPLAINTS LINKED TO SERVICES EXCEEDING €20 OR FOR THE AMOUNTS THAT YOU PAID TO BAJOO FOR THE LAST THREE MONTHS OF USE OF THE SERVICES INVOLVED.
As some States do not allow such limits in this paragraph, you may not be concerned by them.
Softwares export and re-export are subjected to French export regulations. The aforesaid Softwares cannot be used in any other country subjected to an embargo by France. If you are living in such country or have the nationality, or if you are a company set up there, you cannot download nor use the Softwares.
Those terms and conditions can be changed from time to time and the latest version will always be available on our website. If a modification appears to be important we will let you know it by sending you – for instance – an email. As other modifications can appear on our website, you should visit it often. By keeping on using the Services once the modifications are done and effective you accept to be linked to the modified terms and conditions. If you do not accept the new terms and conditions, please stop using the Services.
DIFFERENT LEGAL ADVICES
THOSE TERMS AND CONDITIONS AND THE SERVICES AND SOFTWARES USE ARE SUBJECTED TO FRENCH LEGISLATION, EXCEPT PROVISIONS ON CONFLICT RULES. ALL THE COMPLAINTS RESULTING FROM OR LINKED TO THOSE TERMS AND CONDITIONS OR THE SERVICES OR THE SOFTWARES WILL ONLY BE PLEADED ON COURTS OF LYON (FRANCE). EACH OF THE PARTIES RENOUNCES TO RAISE AN OBJECTION IN TERMS OF JURISDICTION AND TRIAL PLACE.
Regarding the Services, those terms and conditions are the exclusive and complete agreement between Bajoo and you. They replace the potential practical terms and conditions to the Services. No third party could take any advantage from those terms and conditions. If Bajoo does not immediately apply a provision, it does not mean that it renounces to his right of applying it later. Supposing that one of the provisions would be considered as unenforceable, the other Agreement provisions will remain practical. A practical provision will be replaced in order to express in the best way possible our intention. You cannot give any of your rights to anyone by means of those terms and conditions – any try would be a failure. On the other hand, Bajoo can give its rights to any member or subsidiary or assignee of any company associated to the Services. Bajoo and you are not partners or legal representatives – the relationship uniting you is one of independent contracting.
Version dated 2017/05/02
RCS Lyon – 829 390 939 00017
6201Z APE Code
VAT N°: FR 278 293 909 39
SAS (limited liability company) with a €1,000 capital
Headquarters: 7 allée des sorbiers 69500 Bron – France.
Publication director: St Richard Finance SAS
CNIL (National Commission on Informatics and Liberty) Statement
All the website is ruled under French and international legislations for what concerns the copyright and the intellectual property.
All reproduction rights are reserved, including iconographic and photographical documents.
In a general way, you can visit our website without giving your identity nor giving personal information about you.
However, we can sometimes ask you some information.
For instance, in order to deal with a request, to supply a subscription, to establish a correspondence or to submit a candidacy.
It is possible that we complete those information to conclude a deal or to offer a better service.
Version dated 2012/02/01
ART DIRECTOR / GRAPHIC DESIGNER / MOTION DESIGNER – WORKING AS FREELANCER & GREAT IDEAS DEALER ! www.iampomz.com
Hey, I’m Romain Guichard, a 25 years old french boy better known as PÖMZ. I am juniorart director / graphic designer and more recently motion designer. I’ve spent time living and working in Amsterdam and Taipei, but my current base is Lyon in France.
I really enjoy to mix kawaï 2D illustration, 3D still & motion graphics, video and digital photography. I think playing and having fun is the best way to create a whole new graphic world.
I love so far to experiment techniques and mediums to create graphic identities with a serious interest in traditional-to-digital crossover visual communications : global design. I want to underlining the user’s role as an important actor in the interaction and not merely as a spectator of broader mechanisms.
I get a Bachelor – Advertising / Visual communication – and a Master’s degree – Art direction / Graphic design – at the applied arts and design school Bellecour in Lyon, with honors and the best diploma project. ( Yeepee! )
After many internships in cool advertising agencies (TBWA+Mccann Erickson+DDB…) and smaller independent graphic studios in Europe ; I work as freelancer with other talented and skilled, imaginative and curious, restless and bloody-minded designers / artists & collectives !
I am co-creator and art director of COLLECTIF TUNK : we want to help these young talented contemporary artists and designers to express themselves, to exhibit their works and share ideas. With Maxime Savage we created CHANTAL&CHANTAL, a graphic and art studio based in Taiwan. I also belong to the very cool ART DIRECTORS CLUB.
You are a company, a smaller studio, a music band or a freelancer ? You have specific needs ? You also want me to do my “thing” ? So let’s go ! Pure creative energy can’t be held back ! We will find together the proper technical and artistic solution to respond to your needs.
I am available for freelancing work and ready to collaborate and work for you ! I will guide you and your team through the postproduction process from concept design, storyboarding, and previzualisation to the final project. I hope you enjoy my work and stuffs, hope to see you soon !
firstname.lastname@example.org – France + 336 64 18 00 46 / +339 51 18 16 46 – Taiwan + 886 939 335 760