Mobility cloud user license

The Customer wishes to benefit from this experience in the context of a collaboration with the Supplier.

For this purpose, the Parties agree to submit their relations to a set of rules defined in this contract, hereinafter referred to as the Contract.

1. Object

The purpose of this Subscription Agreement is to provide a management software license, the Mobility Cloud ERP with associated hosting and maintenance services.

2. Term

This Agreement will come into force on the date of the signing of the contract by both parties. This Agreement will remain in effect for a period of _ _ _ _ months () following the application form.

3. Hosted Services

The Supplier will ensure that the platform generates an environment for the customer and provider to the customer the login details for that account.
The Provider hereby grants the Customer a worldwide, non-exclusive license to use the Hosted Services by means of a Supported Web Browser for the internal commercial purposes of the Customer.
The license granted by the Supplier to the Customer pursuant to Article 4 is subject to the following limitations :
  • Hosted Services may only be used by the Client's officers, employees, agents and subcontractors ;
  • Hosted Services can only be used by named users identified by the customer, provided that the customer can modify, add or remove users and their access rights in their Mobility Cloud environment.
Except to the extent expressly permitted in this Agreement or as required by law, the license granted by the Supplier to the Customer pursuant to Section 1 is subject to the following prohibitions :
  • Customer must not sublicense its right to access and use Hosted Services ;
  • The Customer must not allow any unauthorized person to access or use the Hosted Services ;
  • Customer shall not republish or redistribute any Hosted Services content or material;
The Customer must take all necessary measures to ensure that no unauthorized person has access to the Hosted Services by using an administrator account.
The Supplier will take all necessary measures to maintain the availability of the Hosted Services to the Customer.
Disturbances, suspensions or discontinuations of service caused directly or indirectly by any of the following are not considered to be a breach of this Agreement by the Supplier :
  • An event of force majeure ;
  • Fault or failure of the Internet or any public telecommunications network;
  • Or a failure of the Customer's computer systems or networks;
  • Any breach by the customer of this Agreement ;
  • Periodic maintenance work performed in accordance with this Agreement.
The Customer must ensure that all persons using the Hosted Services under his / her authorization or through a User Account, comply with these rules.
Customer may not use the Hosted Services in any way that could cause or damage the Hosted Services or Platform or the deterioration of the availability or accessibility of the Hosted Services.
Customer must not use Hosted Services:
  • Unlawfully, fraudulently or prejudicially against the Supplier or third parties;
  • The Customer does not have the right to access the software code (including object code, intermediate code and source code) of the Platform, during or after the duration of this contract.
Customer may not use the Hosted Services in any way that could cause or damage the Hosted Services or Platform or the deterioration of the availability or accessibility of the Hosted Services. In case of non-payment of the fees due by the customer, the Supplier may suspend the services hosted after 30 days' notice to the customer.

4. Maintenance of services

Supplier will provide maintenance services to Customer during the term of the Contract.intenance of services
Provider shall, to the extent possible, provide Customer (at least 10 business days) with advance notice of planned maintenance services that may affect the availability of Hosted Services or that may have a significant adverse impact on customers. services hosted without prejudice to the other reporting obligations of the Supplier under this main article of this Agreement.
The Supplier must give the customer at least 05 working days written notice of the application of a platform upgrade.
The Supplier shall provide maintenance services with reasonable skill and care OR in accordance with the standards of competence and care reasonably expected of a leading Service Provider.

5. Service support

The Supplier will make available to the Customer a support service in accordance with the provisions of this main body of this Agreement.
The Supplier shall provide support services with reasonable skills and care expected from a leading Supplier in the Supplier's industry.
The Customer may use the Support Service to request and, where appropriate, receive Support Services; And the Customer must not use this support for any other purpose.
The Supplier must respond promptly to all Customer Support Services requests made through the Help Desk.
The Supplier may suspend the provision of Support Services if any amount to be paid by the Customer to the Provider under this Agreement is late and the Supplier has given the Customer at least 30 days written notice of its intention to suspend support services on this basis.

6. Customer data

The Customer grants the Supplier an authorization to reproduce, store, distribute, publish, export, adapt, modify and translate the Customer Data to the extent reasonably required for the performance of its obligations as a Supplier; as well as the right to sub-license these rights to its hosting Providers, for the fulfillment of the Supplier's obligations and the exercise of the rights of the Mobility Cloud Provider.
Customer warrants to the Supplier that Customer Data or Customer Data used by the Provider in accordance with this Agreement will not infringe the intellectual property rights or other legal rights of any person and is not in breach of the provisions of any applicable law. law, statute or regulation, in any jurisdiction and any applicable law.
The Supplier must back up the Customer Data and ensure that each backup is sufficient to allow the Provider to restore the Hosted Services in the same state as it was at the time the backup was made and must securely store each copy for a minimum period of 30 days.

7. Mobile app

The parties acknowledge and agree that the use of the Mobility Cloud application (the respective rights and obligations of the parties regarding the mobile application) and any liability of either party arising from the use of the application are subject to separate terms and conditions, and accordingly this Agreement shall not govern any use, rights, obligations or liabilities outside.
No assignment of intellectual property rights
Nothing in this Agreement shall operate to assign or transfer Intellectual Property Rights from the Supplier to the Customer, or from the Customer to the Supplier.

8. Fresh

The Customer must pay the charges to the Supplier in accordance with the invoice associated with this Agreement.
For this annual license, the customer must pay the amount of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The Supplier may only modify (any element of the Fees) in agreement with the customer following a written notice of at least 30 days of the modification. This change can only be effective when adding new items to the mobile app or the number of users.

9. Payments

The Supplier issues invoices for the Expenses to the Customer before the period to which they relate from time to time (during the validity of the license).
The Customer must pay the costs to the Supplier within the deadlines according to the issue of an invoice in accordance.
The Customer must pay the charges by bank transfer, cash, mobile money or check as indicated by the Supplier.
If the Customer does not pay any amount due to the Supplier under this Agreement, the Supplier may:

10. Supplier's confidentiality obligations

The Supplier undertakes to keep strictly confidential (under pain of prosecution) and not to disclose the information as well as any knowledge, information, data, document, of any kind and in any form or medium whatsoever, which it could be knowledgeable in the performance of this Agreement (without this enumeration being restrictive), particularly with respect to: customers of the Company; contracts that the company enters into with its customers and suppliers and the identity of customers, suppliers and their needs; details of the client's financial structure and results, other information on the methods, organization, operation of his client etc.