Terms and Conditions
Preamble
KIOMDA is a trademark of the Scop-sarl Avant-PREMIERES - Siret: 482 395 464 00035 - Naf: 7022Z. These CONDITIONS GENERALES de LOCATION (CGL) govern the relationship between KIOMDA's activity of renting traffic measurement tools and its customers (hereinafter referred to as the "Customer"). They form an integral part of the contract between the Customer and the services offered by KIOMDA.
1 - RENTALS - SPECIAL CONDITIONS
1-1 Any rental of metering sensors implies unreserved acceptance of the GENERAL CONDITIONS OF RENTAL, regardless of the clauses appearing on the customer's order form.
1-2 All rental requests made via the WWW.KIOMDA.FR website must indicate the customer's email address, the desired rental period and the name of the public event for which the customer wishes to set up an automatic metering system. KIOMDA will then check the technical feasibility of metering in contact with the customer.
1-3 No deposit will be paid when booking a KIOMDA service. This reservation, prior to the actual rental of the equipment, is a period of dialogue between the customer and the service provider to define and check the attendance measurement service expectations for the defined counting period.
1-4 The customer must take care to contract the rental early enough to allow for the postal delivery time of the equipment. The service provider cannot be held responsible for late rentals, inaccurate delivery addresses or problems with the carrier.
2 - PROPERTY
2-1 The rented equipment is the property of KIOMDA, and as such may not be seized by third parties. The lessee may not transfer, lend or sublet the equipment. The lessee must not make any superficial or substantial modifications to the equipment.
2-2 Counting results obtained during the rental period will become the full property of the customer once payment has been validated. KIOMDA will not use these data without the written consent of the customer within the framework of a research partnership.
3 - RENTAL PERIOD
3-1 The rental period is defined as the period between the start date/time of the count and the end date/time of the count. These start and end dates are explicitly defined when the order is placed online. They determine the cost of the service invoiced to the customer.
3-2 Once the equipment rental order has been validated, a dispatch note will be sent to the customer by email, enabling the delivery of the equipment to be tracked.
3-3 Upon shipment of the rented equipment, a password will be provided to the customer. Using his email address and this password, the customer will be able to access the daily event count data from the ANDROID or IOS mobile application developed by KIOMDA.
3-4 During the rental period, the customer will be able to access all the functionalities of the KIOMDA mobile application. These functionalities will remain active and will concern the counts recorded between the rental start and end dates.
4 - METERING POINT
4-1 The counting point is defined by the precise location where each KIOMDA sensor will be installed. This counting point may correspond to entry/exit points, or to specific locations where the customer wishes to count visitors. The number of counting points is included in the cost of the service billed to the customer.
4-2 The quality of counts depends largely on the location chosen for counting. KIOMDA provides a document defining the installation conditions required to obtain good counts. The customer undertakes to comply with the basic rules for sensor installation and, in particular, to respect the sensor's counting width and not to install the sensor in a place where the public is likely to stagnate (queuing, security screening, information to be read, etc.). KIOMDA cannot be held responsible for incorrect installation of sensors.
4-3 The sensor associated with a counting point counts the number of visitors passing in front of the sensor. It is therefore important that counting points are chosen so as to minimize the number of visitors coming and going at any one time.
4-4 KIOMDA equipment is discreet, lightweight and easy to install. However, it is the customer's responsibility to securely fasten the sensors to deter theft and damage.
5 - RETURNING EQUIPMENT
5-1 The Customer is required to return the rented equipment on the date shown on the rental contract, i.e. one week at the latest after the contractual end-of-count date.
5-2 Upon receipt of the returned material, the customer will be automatically informed by email. This email will include a link to the downloadable attendance report.
5-3 Any unjustified return after the agreed date will incur the Customer's liability for any form of prejudice suffered by KIOMDA.
5-4 Any missing equipment will be invoiced on the basis of €500 per KIOMDA box.
5-5 Any damaged equipment will be invoiced on the basis of 300€ per KIOMDA box.
6 - RATES
KIOMDA reserves the right to modify its prices at any time without prior notice.
7 - TERMS OF PAYMENT
7-1 Payment for the rental must be made before the start of the counting period. Payment may be made either by cheque, by transfer to the cooperative's bank account, or via an online payment solution offered on the KIOMDA website. The VAT rate applied is 20%.
7-2 KIOMDA, subject to the agreement of its financial department, may also proceed, if necessary, to open accounts for some of its Customers. In this case, the order will give rise to the issue of an invoice which must be paid in accordance with the negotiated terms and conditions.
8 - RESPONSIBILITIES
8-1 The customer, as custodian, assumes full responsibility for the equipment as soon as it is received. He is solely responsible for any damage caused to the equipment or by the equipment itself.
8-2 By placing an order, the Customer declares that he is fully aware of the contractual limitations on the operation of the sensors and of the technical conditions under which his traffic counts will be carried out. He therefore refrains from making any claim based on the fact that the counts recorded and transmitted did not meet his expectations.
8-3 As indicated in articles 5.4 & 5.5, compensation for damaged equipment is based on the contractual amounts defined in these articles.
8-4 The Customer must use the equipment in accordance with its operating mode and limits. He undertakes to comply with the sensor installation conditions defined in the document enclosed with the sensors.
8-5 KIOMDA cannot be held responsible for the non-operation or malfunction of rented equipment in the event of poor site conditions.
8-6 KIOMDA equipment uses SIGFOX connected object technology. This technology provides 95% coverage of the French territory. In geographical cases where the SIGFOX network is not operational, the Smartphone traffic display will only be accessible after the equipment has been returned. A map showing SIGFOX network coverage is available on the following website: www.sigfox.com/en/coverage
8-7 KIOMDA transducers are IP63-rated. They can withstand occasional rain & water run-off. In the event of severe weather conditions, the customer should try not to leave the sensors permanently exposed to rain and the resulting water splashes.
9 - INSURANCE
9-1 The customer may insure the equipment for its replacement value following theft or damage. The amount of compensation is defined in paragraphs 4.4 & 4.5.
9-2 The customer is fully responsible for any risks and damage caused by unsuitable or dangerous installation in a place frequented by the public.
10 - COMMERCIAL INFORMATION
10-1 Copyright: Unless explicitly stated otherwise by the customer, KIOMDA reserves the right to include in the tools made available to the customer a commercial statement clearly indicating its contribution, such as "© Conception : KIOMDA". Where the medium permits, a hypertext link to the KIOMDA website may accompany this statement.
10-2 Publicity rights: Unless explicitly stated otherwise by the customer, KIOMDA reserves the right to mention its achievements for the customer on its external communication and publicity documents (website, portfolio, blog, brochure, etc.) and when canvassing for business.
11 - JURISDICTION
11-1 KIOMDA reserves the right to modify the present GTC as well as its price lists. In this case, KIOMDA will notify the Customer of the modifications within a period of time allowing the Customer to terminate the contract. In the absence of written notice of termination within this period, the modifications will be deemed to have been accepted by the Customer.
11-2 Any dispute or non-payment relating to the interpretation and execution of these general rental conditions is subject to French law. Failing amicable resolution, the Court of Saint-Brieuc will have sole jurisdiction for any dispute relating to the interpretation and performance of a contract and its consequences.