Terms and conditions
 
OBJECT
 
The present General terms and Conditions intend to define the rules applicable to the users and the legal operations relating to the service of use of site OPENFRET. They replace possible other former General terms and Conditions.
OPENFRET reserves the right to constantly modify the General Conditions and without notice.
 
DEFINITIONS
 
The term “MEMBER” nominates any person sailing on the site www.openfret.com (Ci after called “OPENFRET”).
OPENFRET whose address Internet is as follows: http://www.openfret.com, is a site exploited by the company OPENFRET.Internet site, the punt forms, the tools, indicate applicatif www.openfret.com. The member, the registered voter, the future member designate the user of the site; He can be a shipper (an industrialist or a distributor) or a conveyor (supplier of transport)
 
The term “Company” indicates the legal entity who is represented by the registered member.
 
METHOD Of INSCRIPTION
 
If the member wishes to be registered on the site, it will have to be identified beforehand. It will have to fill according to accessible indications' in line, one or more forms placed at its disposal on the site, and will provide information necessary to its identification. It must fill the unit of the fields indicated on the form like obligatory. The inscription on the site is free.
Within sight of a summary registers on the screen, the future MEMBER will validate his inscription on the Site, which results in to engage on the awareness and acceptance of these Conditions. The MEMBER if he is an individual, certifies major being and to be aware that all the conditions and obligations resulting from these General Conditions fall on to him. The member acts and uses OPENFRET for the account or in the name of a legal entity, the MEMBER declares duly being entitled to bind this legal entity to this convention of use. He is considered to engage the moral company which he represents.
 
The future MEMBER will allot an identifier (represented by its address email) and a password personal and confidential chosen by itself, in order to allow him to use the services accessible to the Site and reserved the inscription on the Site.
As of the validation of the inscription attribution, the member is registered on the site for one unspecified duration. It is famous to have taken knowledge and to have accepted the general conditions, without any restriction.
The inscription is recorded, and the recording is worth irrevocable capacity given by the Registered voter to OPENFRET for the exploitation of transmitted information. The registered voter will receive an email with the address which it will have specified, where that it will have specified, confirming its inscription.
The Registered voter can at each time to decide to cancel his inscription. He will make known them with OPENFRET by email or mail. Its information will be removed Site within one maximum month.
However, the published information, transcribed on paper medium and disseminated before its request for end of inscription cannot give place to suppression. OPENFRET reserves the right to modify the presentation of authorized information of diffusion, or to remove whole or part of information.
 
ACCESS TO THE SITE
 
OPENFRET will give to the user the access protected to the platform using its own password, so that it reaches his banner page personalized. Any user must provide to his inscription an email and a personal password.
OPENFRET is accessible 24/24 hours, 7/7 days, except for the cases of absolute necessity, of the technical and/or data-processing difficulties and/or telecommunications and/or period of maintenance. The users must have their own connection to Internet to reach the platform, the costs of connection to the Internet are responsibility for the users. The users must make sure that their connection Internet is reliable and has an effective antivirus protection. The remote loading of the whole of the parts and the files placed at the disposal of the members is under their responsibilities. OPENFRET guaranteed not their qualities nor their capacities to comprise viruses.
 
FUNCTIONS OF OPENFRET
 
OPENFRET proposes services of council and the assistance with the companies and the private individuals in the field of logistics, the development and the edition of data-processing software and the realization of any contract of study and technical aid of national and international distribution.
 
OPENFRET connects MEMBERS being identified as being at the research of carriers and the MEMBERS being identified as being carriers. OPENFRET does not intervene, of any kind, in the transaction between the MEMBER seeking a conveyor and the MEMBER being identified as being one transporteur. Un MEMBER pouvant être une personne physique représentant une personne morale, un MEMBER pouvant être domicilié dans le monde entier.
 
OPENFRET allows to the members shippers throws invitations to tender directly on the site. The members shippers one access to the whole of the base their allowing for choice of the conveying members to consult. OPENFRET makes it possible to the conveying members to answer directly on line on the invitations to tender launched by the members shippers of throws of the invitations to tender directly on the site. Shippers one access to the whole of the base their allowing for choice of the members to be consulted.
 
Generally the invitations to tender are launched OPENFRET bound for the carriers who are preselected and chosen by that Ci.
The consultations of the invitations to tender deposited by the shippers are in reserved accesses. Only the subscribers chosen by the shipper have access to the consultation and the tender under conditions that those Ci having regulated their contributions. OPENFRET is not responsible for the choices operated by the shipper who remains the only decision maker to consult such or such conveyor. OPENFRET offers only the means necessary to connect the members and guaranteed at all to the carriers member a selection or a consultation by the shippers. It guaranteed not either with the shipper member of the exhaustiveness of the member carriers or activity and capacity to answer on the site. The subscribers with the services act with full knowledge of the facts and engage their responsibility as for the results which they could result from this. OPENFRET is released from any obligation of result.
 
The requests formulated by the user by using the site engage the responsibility for the user. To in no case OPENFRET will not be held like person in charge for the contents or the result which the use of the site can induce
Consequently, OPENFRET does not accept any responsibility, of any kind, on the contents, legitimacy, exhaustiveness, the reliability or the availability of emitted information or the posted data. OPENFRET not intervening in the transactions between its members, the MEMBER accepts that the data that it will have seized during his recording are communicated at the time of an invitation to tender.


INVITATION TO TENDER
 
The member shipper must place at the disposal of OPENFRET touts information necessary to the presentation and the development of the schedule of conditions. It will in particular be a question of describing the activity the products volumetry as well as the constraints of transport.
In case of doubt or of interrogation, each part can question by the means it site and ask for the complementary details.
 
The detail of the invitation to tender SHIPPER will appear on the site under the name of that Ci with all provided information. OPENFRET is diligented by the shipper to inform the carriers within the limit of the schedule of conditions and of the data transmitted and considered validated by the SHIPPER.
The carriers selected by the shippers will have their own accesses to reach this information. It can take note only if the shipper A pre-qualifés to take part in this invitation to tender.
As of the opening of the invitation to tender, the carriers can quantify a part or totality of the positions offered with like obligation to assume the totality of the department. Each seized Information is put on line instantaneously. Each conveyor is responsible for seized information. The most advantageous offer for each line is always posted with the whole of the carriers guarantors to the invitation to tender. The carriers can claim with no restriction on this information.
 
It falls within the competence of each conveyor to follow the course of the tenders until the invitation to tender closure.
The offers are tendered in the currency indicated in the schedule of conditions.
 
COST OF THE SERVICES
 
The inscription on the site is free.
The cost of implementation of the service is:
For the carriers: Inscription and completely free use. No payment is required.
 
For the shippers: The invoicing of the service is subjected to an agreement between the parts. The billable cost is that negotiated at the time of the assumption of responsibility of the invitation to tender.
A convention is signed between the two parts, indicating the billable amount and will be annexed in the present general conditions. The mode of payment is 30% with the drafting of the 70% and invitation to tender with the handing-over of the results. The mission of OPENFRET finishes with the tender closure and the extraction of the results. The amount invoiced at the beginning is estimated, on the basis of budget low; A levelling is carried out with the mission closure.
 
PAYMENT AND INVOICING
 
The payment of the subscription is exigible at the date from signature of the contract for the shippers and on each date birthday for the conveying subscriptions. It must intervene at the latest in the 10 days following the reception of the invoice of OPENFRET by the MEMBER beyond, OPENFRET reserves the right to suspend unilaterally. The information transmitted by the MEMBER remains sure with OPENFRET.
 
LITIGATION AND COMPLAINTS
 
The present ones are controls by the French law. In the event of dispute on interpretation, the execution and the realization of the one of the provisions of present, the courts of the seat of company OPENFRET are qualified ones to the only treat litigation.
 
PERSONAL DATA
 
In conformity with the provisions of the law n°78.17 of January 6, 1978 relating to data processing, with the files and freedoms, you lay out, constantly, of a right of access, of modification, correction and suppression of the data which concern you (art 34 to 36 of the law). This right is exerted at OPENFRET
 
INTELLECTUAL PROPERTY
 
The general structure, the software, texts, images, its know-how, drawings, graphics, bases data and any other element composing Internet site is the property of OPENFRET. Any representation or reproduction total or partial of these elements, by some process that it is, without the authorization express Of OPENFRET, is prohibited and would constitute a counterfeit (art. L.335-2 and following Code of the intellectual property).
 
LIMITATION OF THE RESPONSIBILITIES
 
The limits of responsibility will apply so as to prevent the MEMBER, (or all third people having used OPENFRET directly or indirectly), to require direct or indirect damage, that these requests are founded on a guarantee, a contract, damages, negligences or all other reasons.
 
MODIFICATION OF TERMS OF USES AND RUPTURE OF ADHESION
 
OPENFRET reserves the possibility of modifying whole or part of this convention of use in order to adapt it to the evolutions of its exploitation, and/or the evolution of the legislation.
The MEMBER can constantly cancel his adhesion and without notice. OPENFRET is for its part committed respecting a 30 days notice before any cancellation. The rights of adhesion invoiced services remain sure with OPENFRET.
 
Even after inscription of the user, OPENFRET can in the event of severe infringement with this agreement, to deny the access to the platform and to erase information of this user of the data base. In the case of an exclusion of a user OPENFRET will take into account, as far as possible, any commercial activity and the existing agreements
 
OPENFRET will be able to cancel an adhesion without notice in the event of manifest abuse the MEMBER who would publish erroneous information or not in conformity with the good unfolding of OPENFRET.
RESPONSIBILITY
 
OPENFRET is committed putting all opens some to ensure the use of the services of the Site and its accessibility by the Members.
For the whole of the services, OPENFRET is subjected to an obligation of means. It is expressly agreed, that if the responsibility for OPENFRET were to be retained, it could not go beyond alleged allowances and damages which the refunding of the sums regulated with the title of the subscription within the limit of the last month and this in connection with the damage. To in no case OPENFRET cannot be held responsible for any material loss or immaterial, direct or indirect such as the commercial loss or financial or the damage of exploitation.

OPENFRET not exerting any control, of some nature that it is, on the nature or the characteristics of the data which could forward via the host centre thus does not assume any responsibility on the services accessible by Internet. The member is thus the only person in charge for the data which it consults, questions and transfers and from the possible damages likely to be caused by their use.
In the same way, it does not rest with the user to take all measurements necessary in order to protect its data and software against intrusions, viruses data-processing or possible skirtings by thirds, with the assistance or the services of OPENFRET. OPENFRET perhaps held like person in charge for transmitted information. In spite of technological choices of reliabilities and safety measures, perhaps held OPENFRET as being responsible for the facts of which it is not directly in the beginning, or it cannot control supervening.
OPENFRET releases all responsibilities as for the information transmitted by its partners content providers. They are the only persons in charge for the information relayed on the Site. OPENFRET releases any responsibility as for compatibility, with reliability, and the operation of the software other than those worked out by itself.
Lastly, the responsibility for OPENFRET could not be committed in the cases of absolute necessity and the cases of suspension of services, in particular in the case of interruption of networks, failure of the material of reception or the line of the user.
 
ATTRIBUTIVE CLAUSE OF JURISDICTION
 
These conventions of use must be interpreted within the framework of the French laws which govern them, without possibility of conflict with any provision of any other law or with your place of residence. If a court had suddenly determined that whole or part of a provision of these conventions of use is inapplicable, the remainder of these Conventions of use will continue to have full effect.
In the event of dispute, of some nature that it is, between the parts, on these conventions of use, the Commercial court of Bobigny (Department: 93 in France) will be only qualified to slice the disagreements between the parts; Even in the event of plurality of the defenders.