General terms and conditions of sale and use

These general terms and conditions of sale and use (the “Terms”) govern access to and use of the Bizyness service. They apply to every Customer from the creation of its Account.

Article #1 : Definitions

• “Publisher”: “Le Pissenlit Bleu EURL”, a company with a share capital of €3,000, whose registered office is at 229 rue Saint-Honoré, 75001 Paris, France, registered with the Paris Trade and Companies Register under number 843 016 924. Its full contact details are set out in the legal notice.
• “Service”: the Bizyness online invoicing, pre-accounting and tax compliance software, available at https://app.bizyness.fr, together with the website https://www.bizyness.fr.
• “Customer”: the natural or legal person who creates an Account for the purposes of its business activity.
• “User”: any person the Customer authorises to access its Account.
• “Account”: the Customer’s personal space in the Service.
• “Subscription”: the paid plan taken out by the Customer to use the Service.
• “Customer Data”: the data the Customer imports, enters or generates in the Service.

Article #2 : Purpose and acceptance

The Service is reserved for business customers. By creating an Account, the Customer declares that it is acting for the purposes of its business activity and that it has the capacity and authority to bind the company on whose behalf it acts.

Creating an Account implies unreserved acceptance of the Terms, given by ticking a checkbox. The Terms prevail over any other document of the Customer, unless the Publisher agrees otherwise in writing.

Article #3 : Description of the Service

The Service makes it possible, among other things, to import sales from the online stores, marketplaces and payment providers connected by the Customer, to generate invoices and credit notes, to calculate the applicable VAT, to manage expenses, to reconcile bank transactions and to produce accounting reports and exports. The available features are described on the website.

The Publisher develops the Service over time and may change its features, without substantially reducing their scope for a Subscription in progress.

Some features rely on third-party services: the platforms the Customer connects to its Account, the bank synchronisation provider and the partner electronic invoicing platform. They depend on the availability of those services and on the access those third parties grant. Enabling them may require accepting those third parties’ own terms.

The Publisher is not a chartered accountant and provides no accounting, tax or legal advice. The invoices, VAT calculations, reports and exports produced by the Service are based on the data and settings provided by the Customer. It is the Customer’s responsibility to check them, or have them checked by a qualified professional, before any use, in particular before any filing.

Article #4 : Account

The Customer provides accurate information when creating its Account and keeps it up to date. It is responsible for the confidentiality of its credentials, for the access it grants to Users and for any use made from its Account. It informs the Publisher without delay of any unauthorised access it becomes aware of.

Article #5 : Free trial

Every new Customer benefits from a 14-day free trial, with no payment card required, giving access to all features. This period may be extended as part of a partner offer. The trial does not commit the Customer: at its end, using the Service requires taking out a Subscription.

Article #6 : Subscription and prices

The Subscription plans and their prices are presented on the Pricing page of the website. All plans give access to all features; they differ by the volume of orders included each month.

Prices are stated in euros and exclusive of tax. The VAT applicable on the invoicing date is added to them.

When the Customer exceeds the volume of orders included in its plan, the Service is not interrupted: each additional order is charged at the unit rate of its plan, shown on the Pricing page.

Accounting firms and agencies that manage several client files benefit from a dedicated price list, made up of seat blocks and a volume category per file. A file that exceeds the threshold of its category for three consecutive months automatically moves to the next category.

If a plan includes a minimum commitment period, this is stated clearly at the time of subscription.

Article #7 : Invoicing and payment

The Subscription is invoiced at each due date, according to the billing period chosen at the time of subscription. Additional orders appear on the monthly invoice. Any period started is due.

Payment is made by payment card or by any other means offered at the time of subscription, through a secure payment provider. The Customer authorises the collection of the amounts due at each due date. Invoices are made available in its Account or by email.

Any late payment automatically gives rise, without prior formal notice, to late-payment penalties calculated at three times the French legal interest rate, and to a fixed recovery fee of €40, in accordance with Articles L. 441-10 and D. 441-5 of the French Commercial Code.

If a payment remains unpaid 15 days after an email reminder, the Publisher may suspend access to the Service until full payment. The Customer Data is kept during the suspension.

Article #8 : Changes to prices and to the Terms

The Publisher may change its prices and the Terms. The Customer is informed by email or through a message in the Service at least 30 days before the change takes effect. If it refuses the change, it may terminate its Subscription before that date, under the conditions of Article 9. Otherwise, the change applies from its effective date. For a Subscription with a minimum commitment period, a price change applies only at the end of that period.

The Publisher keeps earlier versions of the Terms and provides them to any Customer who asks for them.

Article #9 : Term and termination

Unless a minimum commitment period is stated at the time of subscription, the Subscription is entered into with no fixed term and renews at each due date.

Termination by the Customer. The Customer may terminate its Subscription at any time, from its Account or by email to support@bizyness.fr. Termination takes effect at the end of the period already paid for. The Customer keeps access to the Service until that date; no pro rata refund is made.

Termination by the Publisher. If the Customer breaches its obligations and does not remedy the breach within 15 days of formal notice sent by email, the Publisher may terminate the Subscription as of right. It may suspend or terminate without notice in the event of unlawful or fraudulent use of the Service, or of a threat to its security.

Inactive accounts. The Publisher may delete an Account with no current Subscription that has remained inactive for three years, after informing the Customer by email at least 30 days in advance.

Withdrawal. As the Service is reserved for business customers, the right of withdrawal provided for by the French Consumer Code does not apply, except where the law extends it to certain business customers.

Article #10 : Customer’s obligations

The Customer undertakes to use the Service in accordance with the Terms, its documentation and the applicable regulations, in particular in accounting, tax and data protection matters. In particular, it must not:

• use the Service for unlawful or fraudulent purposes, such as money laundering, terrorist financing or drawing up false accounting documents;
• resell, rent or make the Service available to third parties, other than the Users it has authorised and the files an accounting firm or agency manages for its own clients;
• undermine the security or proper functioning of the Service, circumvent its protections or access it other than through the interfaces provided;
• infringe the rights of third parties, in particular their intellectual property rights.

Article #11 : Availability and support

The Publisher uses reasonable efforts to keep the Service accessible 24 hours a day, 7 days a week. Access may be interrupted for maintenance or updates, which the Publisher endeavours to carry out at times of lowest use.

Support is available by email at support@bizyness.fr and through the Service’s chat, Monday to Friday from 9:00 am to 6:00 pm (Paris time), excluding French public holidays. Requests received outside these hours are handled on the next business day. The Publisher undertakes to give a first reply within 48 business hours.

Article #12 : Intellectual property

The Service, its software, its documentation, its trademarks and all elements of the website are the property of the Publisher or are used with the permission of their owners. The Terms do not transfer any ownership right to the Customer.

The Publisher grants the Customer, for the term of the Subscription and worldwide, a personal, non-exclusive and non-transferable right to use the Service in SaaS mode for the purposes of its business. The Customer must not reproduce, adapt, modify, translate or decompile the Service, except where the law allows it.

Article #13 : Customer Data

The Customer remains the owner of the Customer Data. The Publisher uses it only to provide the Service.

The Customer may export the Customer Data from the Service throughout the term of the Subscription. At the end of the contract, whatever the cause, the Publisher returns or destroys the Customer Data, at the Customer’s choice, on written request sent to support@bizyness.fr. The data is returned in a standard, readable format. Failing such a request, the Customer Data is deleted under the conditions set out in Appendix 1.

Archiving invoices and accounting records for the statutory period remains the Customer’s obligation: it is the Customer’s responsibility to export its documents before its Account is deleted.

Article #14 : Personal data and cookies

The processing of personal data that the Publisher carries out for its own purposes, and the use of cookies, are described in the privacy policy.

Where the Publisher processes personal data on behalf of the Customer, the parties are bound by the data processing agreement in Appendix 1.

Article #15 : Liability

The Publisher is bound by a best-efforts obligation.

It cannot be held liable for the consequences of inaccurate or incomplete information provided by the Customer, of Account settings chosen by the Customer, of a failure to check documents as required by Article 3, or of the unavailability or malfunction of a third-party service, of the internet or of the Customer’s equipment.

The Publisher is liable only for direct and foreseeable damage resulting from a proven breach of its obligations. It is not liable for indirect damage, such as loss of revenue, profit, customers or reputation.

The Publisher’s total liability, for all causes combined, is limited to the amount, exclusive of tax, actually paid by the Customer for the Service during the 12 months preceding the event giving rise to the damage.

These limitations do not apply in the event of gross negligence or wilful misconduct by the Publisher, or where the law prohibits limiting liability.

Article #16 : Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the Subscription in writing, without compensation.

Article #17 : Archiving and evidence

The Publisher archives Subscription invoices on a reliable and durable medium. The Publisher’s computerised records are evidence between the parties of the communications, subscriptions and payments that have taken place, unless proven otherwise.

Article #18 : Governing law and disputes

The Terms are governed by French law.

In the event of a dispute, the parties endeavour to find an amicable solution; the Customer sends its complaint to contact@bizyness.fr. Any action relating to the Terms must be brought within one year from the day on which the party bringing it knew or should have known the facts on which it is based.

Failing an amicable agreement, any dispute relating to the formation, performance or interpretation of the Terms falls within the exclusive jurisdiction of the courts of Paris, including in the event of multiple defendants or third-party proceedings.

Article #19 : General provisions

If a provision of the Terms is held to be void or unenforceable, the other provisions remain in force. A party’s failure to rely on a provision does not amount to a waiver of the right to rely on it later.

The Terms and their appendix constitute the entire agreement between the parties on their subject matter. The Customer may not assign the contract without the Publisher’s prior written consent.

Notices provided for by the Terms are validly given by email, to the Account’s address for the Customer and to contact@bizyness.fr for the Publisher.

In the event of a discrepancy between the French version of the Terms and a translation, the French version prevails.

Appendix 1 : Personal data processing agreement

This appendix forms an integral part of the general terms and conditions. It is entered into pursuant to Article 28 of Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”) and applies whenever the Customer uses the Service to process personal data for which it is the controller. In the event of a conflict with another provision of the general terms and conditions regarding personal data protection, this appendix prevails.

1. Roles of the parties

For the personal data that the Customer imports, enters or generates in the Service as part of its own business (the “Customer Data”), the Customer acts as data controller and “Le Pissenlit Bleu EURL” (the “Publisher”) acts as data processor.

Where the Customer itself acts on behalf of third parties, in particular as an accounting firm or agency, it warrants that it has been authorised by those third parties to engage the Publisher, which then acts as a sub-processor.

Processing that the Publisher carries out for its own purposes (account management, subscription billing, support, security of the Service) is not covered by this appendix; it is described in the privacy policy.

2. Description of the processing

• Subject matter and purpose: providing the Customer with the invoicing, pre-accounting and tax compliance Service, namely importing sales, generating invoices and credit notes, calculating VAT, managing expenses, bank reconciliation, producing accounting reports and exports and, where applicable, transmitting electronic invoices.
• Nature of the operations: collection from the services connected by the Customer, recording, organisation, calculation, consultation, making available, export, archiving and deletion.
• Duration: the term of the contract, plus the period provided for in section 10 of this appendix.
• Data subjects: the Customer’s customers and prospects, its suppliers and their contacts, and the users the Customer authorises to access its account.
• Categories of data: identification data (first name, last name, company name), contact details (billing and delivery addresses, email address, telephone), business identification and VAT numbers, data relating to orders, invoices, payments and refunds (excluding full payment card numbers) and, if bank synchronisation is enabled, descriptions, amounts and counterparties of bank transactions.

The Service is not intended to process special categories of data within the meaning of Article 9 of the GDPR, or data relating to criminal convictions. The Customer undertakes not to enter any.

3. Customer’s instructions

The Publisher processes the Customer Data only on the Customer’s documented instructions. These general terms and conditions, the account settings and the Customer’s use of the Service’s features constitute those instructions.

If the Publisher considers that an instruction infringes the GDPR or another applicable data protection provision, it informs the Customer without delay. If it is required to process the Customer Data under European Union or French law, it informs the Customer before the processing, unless that law prohibits such information.

4. Customer’s obligations

The Customer warrants that the Customer Data is collected and processed lawfully. In particular, it is the Customer’s responsibility to have a legal basis, to inform data subjects, to respond to their requests and to connect to the Service only accounts and data sources it is authorised to use.

5. Confidentiality

The Publisher ensures that the persons authorised to process the Customer Data are bound by a duty of confidentiality and access it only to the extent necessary to provide the Service, support and security.

6. Security

The Publisher implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the GDPR, including:

• encryption of communications between the Customer, the connected services and the Service (HTTPS);
• storage of passwords in encrypted form;
• access limited to the people who need it;
• regular backups and data redundancy;
• hosting of the Customer Data in Europe.

The Customer remains responsible for the confidentiality of its credentials and for managing the access it grants to its own users.

7. Sub-processors

The Customer gives the Publisher a general authorisation to engage sub-processors. As of the date these terms were last updated, they are:

The Publisher imposes on each sub-processor, by contract, data protection obligations at least equivalent to those of this appendix, and remains liable to the Customer for their performance.

The Publisher informs the Customer of any addition or replacement of a sub-processor at least 30 days in advance, by email or through a message in the Service. The Customer may object on legitimate data protection grounds during that period. If no solution is found, the Customer may terminate its subscription without penalty.

The services the Customer itself connects to its account (online store, marketplace, payment provider) are not sub-processors of the Publisher: the Customer has chosen them and remains bound to them by its own contracts.

8. Transfers outside the European Union

The Publisher transfers the Customer Data outside the European Union only if the transfer is covered by an adequacy decision of the European Commission or by appropriate safeguards within the meaning of Article 46 of the GDPR, such as the standard contractual clauses.

9. Assistance to the Customer

Data subject rights. The Publisher makes available to the Customer, in the Service, the features allowing it to view, correct, export and delete the Customer Data. If a data subject sends a request directly to the Publisher, the Publisher forwards it to the Customer without answering it itself.

Data breaches. The Publisher notifies the Customer of any personal data breach affecting the Customer Data without undue delay, and at the latest 72 hours after becoming aware of it, at the account’s email address. To the extent the information is available, the notification states the nature of the breach, the categories and approximate number of data subjects and records concerned, its likely consequences and the measures taken or planned.

Impact assessments. On request and taking into account the information available to it, the Publisher gives the Customer the reasonable assistance needed to carry out data protection impact assessments and prior consultation of the supervisory authority.

10. Data at the end of the contract

At the end of the contract, the Customer may export the Customer Data from the Service or request its return or destruction under the conditions of Article 13 of the general terms and conditions. Failing such a request, the Customer Data is deleted at the latest 3 years after the last activity on the account. Backup copies are deleted when their retention cycle expires.

The Publisher may keep the data that European Union or French law requires it to keep, for the period so required.

11. Documentation and audits

On request, the Publisher makes available to the Customer the information needed to demonstrate compliance with this appendix.

If that information is not sufficient, the Customer may have an audit carried out, at most once a year, except in the event of a confirmed data breach, subject to 30 days’ written notice. The audit is carried out at the Customer’s expense, during business hours, by the Customer or by an independent auditor bound by confidentiality who is not a competitor of the Publisher. It may not cover other customers’ data or compromise the security of the Service.

12. Records and contact

The Publisher keeps a record of the categories of processing activities carried out on behalf of its customers, in accordance with Article 30 of the GDPR. Any question about this appendix can be sent to contact@bizyness.fr.