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
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.
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
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.
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
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.
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
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.
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.
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.
Sysnext undertakes to provide the
Customer with technical support exclusively during Working Hours, upon
submission of a Ticket.
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.
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.
and Expenses related to Support
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
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.
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.
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
● 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
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
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.