02. General Terms and Conditions of Warranty, Use of Support System and Training

02. General Terms and Conditions of Warranty, Use of Support System and Training

Terms and Conditions of Warranty, Use of Support System and Training - 11.2019
Sysnext is the distributor of a software and hardware Solution for product photography. This Solution is also sold under the brand names PackshotCreator and Ortery in different countries.
Sysnext offers Support Services relating to this Solution. Its services are packaged in various offers and displayed on the website https://www.packshot-creator.com/.
The Customer, as defined below, has chosen to subscribe to one of these Offers and has added Support and/or Training Services to his or her Order.
The present Terms and Conditions define the rights and duties of the parties in respect to the provision of Support Services requested by the Customer.
1. Definitions
Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth below, whether used in the singular or the plural :
Terms and Conditions : the present terms and conditions.
Sysnext : Sysnext, a simplified joint-stock company with a capital of 500,000euros, whose registered office is 6, rue Antonin Raynaud, Levallois-Perret (92300), France, which is registered with the Nanterre RCS.
Parties : collectivelly refers to Sysnext and the Customer; individually refers to one of these Parties.
Order : refers to the order placed by the Customer to receive customer support.
Product : refers to equipment: box, lighting, turntable, and manual or motorized arms.
Software : refers to Software for cameras, photography, and the production of simple (2D) or animated (360°) visuals.
Solution : refers to the Product coupled with the Software.
Account : refers to the private interface allowing the Customer to manage his or her account and submit Support Tickets via the e-support platform at the following address : https://esupport.packshot-creator.com/.
Working Hours : Monday to Friday (excluding public holidays), 9 a.m. till 12:30 p.m. and 1:30 p.m. to 6 p.m. French time (GTM +1).
Support Services :  refers to all Support Services (installation, consulting, production, training) provided to the Customer by Sysnext.
This Support may be provided on the Customer’s premises (“on site”), on Sysnext premises, or online via screen sharing (“online”).
Ticket : refers to a Customer’s formal request for support on a given issue.
Database : refers to a library of articles written for the attention of the Customer for assistance in the installation and use of the Solution.
Rates : refers to the cost of Support Services as set out in the offer selected by the Customer and which is the subject of his or her Order.
2. Acceptance of Terms and Conditions
These Terms and Conditions are intended to define the rights and obligations of the Parties as regards the provision of Support Services and customer support.
The Customer has been duly informed that the provision of Support Services and customer support is exclusively reserved for professionals, as defined under consumer law, and confirms that he or she meets the definition of such.
The present statement establishes Sysnext’s intent to enter into an agreement, the Rates of the Support Services having been defined according to the exclusions and limitations set out in the Terms and Conditions.
The Customer’s full and unreserved acceptance of the Terms and Conditions is deemed to have been provided once he or she has checked the "I accept the terms and conditions" box when placing an Order or during any software update.
If this box has not been checked, subscription to Support Services is null and void, which the Customer expressly acknowledges.
3. Amendments to Terms and Conditions
Sysnext reserves the right to amend the Terms and Conditions at any time. Any such amendment is effective immediately when posted to the following address :
Amendments come into effect as soon as they are posted on the Sysnext website and will apply to any renewals or new Orders occurring after their entry into force.
4. Product Warranties
Sysnext grants the Customer a one (1) year product warranty starting from the date of receipt of the Order.
The conditions of warranty are stated in the General Terms and Conditions of Sale, available at the following address :
A subscription to a warranty offer does not include any Support Services, troubleshooting, or  priority phone support whatsoever.
5. Provision of Support Services 
A Support Services offer is an assurance to the Customer that a technical expert will reserve time to provide him or her with support. The duration of this time will vary according to the Support Services to which the Customer has subscribed.
As a general rule, any hour of Support Services once begun shall be counted as a full hour, even if the actual time used to provide support is less than one full hour.A subscription to a Support Services offer does not include any Product Warranty offer whatsoever.
6. Submission of Tickets
Sysnext undertakes to provide the Customer with technical support exclusively during Working Hours, upon submission of a Ticket.
Tickets may be submitted at any time, as soon as a Customer encounters a problem in the use of his or her Solution, at the following web address : https://esupport.packshot-creator.com/portal/newticket
Furthermore, Sysnext provides the Customer with access to a Database at the following address :
The articles in the Database are provided free of charge for reference purposes only and may in some cases be inaccurate or obsolete.
By express agreement, Sysnext’s duty to provide assistance is considered solely an obligation of means, where Sysnext commits to making best efforts to deal with the problem or need expressed by the Customer in the Ticket, with no guaranteed outcome. Viz., Sysnext commits to responding as quickly as possible but cannot guarantee that support will be provided within a specific time.
7. Training
Sysnext offers Customers Training services intended to provide complete, customized support according to the Customer’s needs, to aid in learning about the Solution and its usage.
Depending on the duration of the Training, whether online or on site, our training experts will help you learn to use your equipment in such a way as to make the best use of your Solution.
8. Prices and Expenses related to Support Services
The prices for Support Services are fixed but vary depending on the duration and location of the Support, which may incur expenses: travel, catering and accommodation are the responsibility of the
9. Customer Cooperation
The Customer undertakes to provide Sysnext with any cooperation required by Support Services or process a Ticket, which may, in particular, require the Customer’s workstation to be taken over via a screen sharing session organized by Sysnext.
10. Customer Data
The Customer undertakes to provide any documents or information deemed necessary for the fufillment of his or her Support Services or the processing of his or her Ticket.
The Customer undertakes to provide accurate, up-to-date information. Any information provided to Sysnext by the Customer will be deemed accurate.
The Customer is solely responsible for saving and protecting his or her data and to this end, commits to taking all measures useful and necessary to safeguard the whole of his or her data, before and after any intervention by Sysnext, and as a general rule, during the provision of Support Services or technical support.
11. Termination
Sysnext may terminate the Offer of Asstance unilaterally and without notice, by notification addressed to the Customer and without any other formalities, in any of the following cases :
● failure of the Customer to pay the fee for Support Services;
● breach of non-solicitation clause by the Customer;
● dissemination of derogatory statements about Sysnext or its Solution by the Customer;
● provision of incorrect information by the Customer.
The termination of Support Services for any of these reasons will not give rise to any refund to the Customer.
It is specified as required that this clause precludes the need for Sysnext to have the termination pronounced by judiciary process.
12. Non-solicitation of Personnel
During the term of Support and/or Training Services and for one (1) year after their expiration, the Customer undertakes not to directly or indirectly employ or make an offer of employment to any Sysnext employee.
If this clause is not observed, the Customer undertakes to pay Sysnext a fixed rate of compensation equivalent to two years of compensation for each employee hired away.
13. Agreement on Evidence
The information contained in the Account or in emails, in particular that which relates to Tickets, time spent providing support, and Support and/or Training Services, will be deemed to have probative value between the Parties. As such, the Customer authorizes Sysnext, subject to the respect of its confidentiality obligations, to record any and all information useful to preserving and establishing such evidence.

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