For Q.Render and Cloud computing Platform Services
The English version of these terms and conditions is available for our international clients but should a dispute arise about interpretation, the French text shall prevail as the reference.
The contract concluded between the company Qarnot computing, (with the capital of 196 301€, registered in the commercial register R.C.S of Nanterre 528 593 817 and whose headquarters are located at 40-42 rue Barbès, 92120 Montrouge), and any individual or legal entity wishing to benefit from its Services, is formed of these Terms and any document physically referring to it. It constitutes the only contractual reference to which the Client declares to be bound to Qarnot computing, in default of other arrangements issued by the Client.
Thus, these Terms are intended to define the terms and conditions of use of the Services by the Client who understands and agrees that any use of these Services, implies full acceptance, without restriction or reservation, of these Terms.
“Client”: any individual or legal entity wishing to benefit from rendering or cloud computing services from Qarnot computing
“Services”: refers to the services provided by Qarnot Computing, defined by the provision of computing power from Qarnot computing and allowing the performance of intensive calculations (“cloud computing platform”) or the generating of one or several images (“Q.Render”) from the Project
“Project”: refers to all the files and documents needed for rendering or to perform intensive calculations
Qarnot Computing reserves the right to revise at any time:
– the features offered by the Service;
– the prices and rates of the Services;
– the documents and contents made available.
3. Calculation and rendering services
The Services consist of the provisioning of an automated system to outsource the computing power required for the execution of intensive calculations or rendering projects on Qarnot computing platforms.
The Services will be initiated by Qarnot computing only if all the files of the Project have been transmitted on the platform.
Qarnot computing reserves the right to delete Project files, as well as renderings, 24 hours after the end of the last rendering or calculation performed on said Project.
4. User Account, Registration, Data and Termination
To access the Services, the Client must create a User Account via a registration form available on the website.
The Client undertakes to provide accurate and complete information and to update them, as soon as possible, in case of any change relating to the information.
In the event that the information provided is false, incomplete or out of date, Qarnot computing reserves the right, immediately, without notice, and without any compensation, to suspend the Client’s access to the Services.
Qarnot computing reserves the right to block access to the Services if the behavior of a Client is deemed inappropriate. As a result, the User Account and all data associated to the Client will be deleted.
The Client remains responsible for any activity related to his User Account and agrees to secure his username and password.
Payments for the Services are made by Stripe and PayPal providers. The security of the data entered for payment is their responsibility. Bank details and information are not kept by Qarnot computing. This clause will apply to any new equivalent service provider.
The Client can close his User Account at any time by contacting the Qarnot computing teams at the following address: firstname.lastname@example.org.
In case of the closing of the User Account, all data related to the use of the platform will be stored on Qarnot computing servers for a period of 5 years, unless erasure is expressly requested by the Client.
5. Rates and Credits
The Services are based on the consumption of Credits by the Client, Credits granted for free or purchased by the Client. The use of the Services entails the consumption of said Credits.
The rates and discounts practiced by Qarnot computing and applicable to the Services are available on the Qarnot computing website.
Qarnot computing reserves the right, at any time, to modify its rates, discounts, and/or to establish any new contribution applicable to Products and Services.
In case of termination of the Services by the Customer or in case of non-use of the Services, Qarnot computing will not refund, in whole or in part, any of the Credits.
Qarnot Computing reserves the right to set a minimum threshold of Credits to launch a rendering or to execute calculations and to interrupt them if the number of Credits available is depleted.
6. Qarnot computing’s liability
Qarnot computing makes no warranty of any kind as to the reliability, quality, suitability or availability of the Services offered. Client acknowledges and agrees that the use of the Services is at its own risk, and that the Services are provided “as is” without warranty of any kind.
Qarnot computing is subject to a best efforts obligation, meaning to make every effort to ensure the best quality and regularity of the Services.
If necessary, the company Qarnot computing reserves the possibility of interrupting access to its website and its platforms, to carry out a technical intervention or for any maintenance operations.
Qarnot computing can in no way be held liable for any direct or indirect damages incurred by the Client, including without limitation, loss of profits.
The liability of Qarnot computing can not be committed if the non-performance or the bad execution of the Services is attributable either to the Client, or in the case of force majeure.
In any case, the Client understands and accepts that the liability incurred by Qarnot computing remains limited to the amounts actually paid by the Client and collected by Qarnot computing. Beyond these amounts, the Client waives the right to institute any proceedings to Qarnot computing, its employees and its partners.
7. Responsibility of the Customer
The Client acts as an independent entity and therefore assumes alone the risks and losses that could impact its business. The Customer is solely responsible for the content of the information transmitted, issued or collected, their exploitation and updating, as well as any transmitted files.
The Client undertakes in particular to respect the rights of third parties, including the rights of the personality, intellectual property rights of third parties such as copyrights, rights on patents or trademarks.
Qarnot Computing can not be held liable for the content of transmitted, issued or collected information, its exploitation and update, as well as any files, including address files, and for any reason whatsoever.
Qarnot computing can only warn the Client about the legal consequences that could result from illegal activities on the platform. The same is true if the Client uses proven malicious computer techniques. Such behavior on the part of the Client will result, without notice, in the immediate termination of the Services and the termination of these activities. In this case, the Client cannot ask for reimbursement by Qarnot computing of the amounts already paid.
8. Intellectual Property
The Client has no rights, title or interest in the Services offered by Qarnot Computing.
The trademarks, the content of the website as well as the Qarnot computing Services and Products are all protected by the current legislation on copyright. Trademarks, patents and models have been filed.
The Client remains the owner of the content and information of any kind that he submitted to Qarnot computing for the purpose of the Services providing and the results themselves.
9. Security, data protection and confidentiality
Qarnot computing undertakes, within the framework of a best effort obligation, to make every effort to ensure the security and confidentiality of the data transmitted by the Client. Qarnot Computing undertakes in particular not to exploit or transmit to a third party the data transmitted by the Client, except with the express agreement of the Client.
The Client authorizes Qarnot computing to access the information transmitted for maintenance or improvement operations of the Services, and only in this context.
Data circulating on the Internet is likely to be diverted, lost, or hacked. Consequently, the communication by the Client of confidential data is done at his own risk.
11. Permanence of clauses
12. Independence between Qarnot computing and the Client
13. Clause of contractual divisibility
14. Litigation and Jurisdiction