General terms and conditions of sale
Appendix: Data Processing Agreement – DPA
Hubur offers a hybrid combination of buying and leasing environmentally-friendly vehicles, sustainable mobility solutions and workspaces to make the remote work experience smooth and efficient for members and users. In parallel with this offer, Hubur offers a franchise service relating to these same services.
THESE GENERAL TERMS AND CONDITIONS OF SALE GOVERN THE CONTRACTUAL RELATIONSHIP BETWEEN HUBEUK LTD, WHOSE REGISTERED OFFICE IS AT THE BLACK CHURCH, SAINT MARY’S PLACE NORTH, DUBLIN D07 P4AX, REGISTERED IN THE DUBLIN TRADE AND COMPANIES REGISTER UNDER NUMBER 717691 (HEREINAFTER REFERRED TO AS “HUBUR”) AND THE CUSTOMER AND GOVERN THE SALE OF MOBILITY PRODUCTS AND THE PROVISION OF SERVICES BY HUBUR TO THE CUSTOMER IN ACCORDANCE WITH A QUOTATION REFERRING TO THESE GENERAL TERMS AND CONDITIONS OF SALE. THEY ALSO GOVERN ANY FRANCHISE AGREEMENT CONCLUDED BETWEEN HUBUR AND THE FRANCHISEE.
THE PERSON SIGNING THE QUOTE OR FRANCHISE AGREEMENT DECLARES THAT HE/SHE HAS THE AUTHORITY TO BIND THE CUSTOMER OR FRANCHISEE.
Warning
This text is protected by copyright, it is forbidden to reproduce it in whole or in part.
This document is adapted to the activity of HUBUR and cannot be used by any other company, even though it offers similar services.
Preamble
You must read this document, as it is legally binding. In the event of refusal to agree to these General Terms and Conditions of Sale (hereinafter, the “T&CS”), access to the Services (defined below) or the placing of Orders (defined below) will not be possible.
Note that HUBUR provides its customers with a customer service that can be contacted by e-mail at: [email protected]
By accepting this offer, you acknowledge that you have received sufficient information and advice from HUBUR to enable you to ensure that the content of the offers proposed is suited to your needs.
These T&Cs apply, without restriction or reservation, to all Services and Orders. All clauses of these T&Cs are independent of each other. As a result, the nullity of one of the clauses does not entail the total or partial nullity of these T&Cs.
In order to access the Services or place an Order with HUBUR, you must have full legal capacity:
Contract: means these T&Cs and the Appendix thereto, as well as any applicable Quotation or Franchise Agreement.
Authorized Users : means the employees, contractors, consultants and representatives of the Customer or Franchisee, who are authorized by the latter to use the Services.
Customer: refers to the entity (professional or private customer) who places an order for the Products or Services by signing a Quotation.
Order: refers to the process of selecting and purchasing Products or subscribing to Services via the Site.
Franchisee : means the entity that carries on the business of the Company under a Franchise Agreement.
Products: refers to the products marketed by HUBUR via the Site
Price : means all applicable fees described in the Quotation.
Intellectual Property Elements: refers to all intellectual property elements attached to the Services and more generally to HUBUR, in particular all or part of its websites (including their design, layout and content), its trademarks and/or logos, systems, software, databases and content of any kind (texts, images, music, videos, visuals, etc.).
Quotation: refers to the order document signed by the Client which describes the Services subscribed to, the Duration of the Contract, the Price and the terms of payment, the publication of such a Quotation not requiring the personal intervention of the Disclosing Party.
Franchise Agreement: refers to the franchise agreement concluded between HUBUR and the Franchisee.
Party: refers to HUBUR or the Customer in the singular, and to HUBUR and the Customer in the plural.
Personal Data Regulation: This personal data protection policy complies with the following obligations:
Services : refers to all the services provided by HUBUR to the Client as specified in the Quotation or which may be the subject of a franchise offer, as detailed in any Franchise Agreement.
Duration : refers to the period of validity of the services subscribed to.
Website : refers to the HUBUR website, accessible at the address www.hubur.eu
HUBUR Solutions : refers to the software applications made available to the Client by HUBUR via the Services, through a European digital platform.
Availability The composition and range of Products marketed by HUBUR may vary according to changes in the business. Product offers are valid as long as they are visible on the Site, and at the time of confirmation and payment of the Order by the Customer. HUBUR reserves the right to modify its offer at any time, in particular by adding, modifying or withdrawing Products, or by modifying the information associated with them.
Features The Products include, but are not limited to, light and very light vehicles (gyroprods, electric or hydrogen-powered bicycles, small scooters, etc.).
All Products offered for sale are new and comply with applicable legislation and standards.
HUBUR undertakes to indicate on the Site the origin of the Products sold or their components.
Rental. HUBUR also offers a number of Products for hire (the aforementioned vehicles, city cars, offices and workspaces), which are subject to the same conditions as the Services in these T&Cs.
Product representation. HUBUR endeavours to present the characteristics of the Products as clearly as possible, via the visuals and descriptions that appear on the Site. However, it should be noted that the models shown on the Site are examples only and have no contractual value. HUBUR will do its best to present the Products offered for sale as faithfully as possible.
However, it does not guarantee that the colours reproduced on the Site are exactly the same as those of the items physically presented or delivered to the Customer.
Ordering process
In order to purchase Products, the Customer places an order online via the Site by selecting the Products they wish to purchase and following the necessary instructions for invoicing and delivery.
The Product Order conditions also apply to Rental Services.
Apart from the exercise of the right of withdrawal, any Order shall be deemed firm and may only be cancelled prior to delivery with the express consent of HUBUR and on terms that will compensate HUBUR for any loss or damage caused by such cancellation.
Delivery
The Products may be delivered all at once in a single delivery, or in the form of several packages. Delivery costs are agreed in addition to the price of the Order. Delivery times are specified when the delivery method is chosen at the time the Order is placed. These times correspond to the indicative delivery times communicated by the chosen carrier. In the event of non-compliance with these requirements, or in the event of non-delivery of the package by the service provider, HUBUR cannot be held liable.
Once the Order has been processed, the Product will be dispatched to the delivery address provided when the Order was placed. It is therefore the Customer’s responsibility to check that the address is correct. The Customer will receive an e-mail notification containing the tracking number allocated by the carrier, enabling them to monitor the status of the delivery.
HUBUR declines all responsibility for delivery in the following cases:
The Customer is hereby informed that customs duties and taxes may apply depending on the country of destination and the value of the Order. The Customer is also responsible for paying any taxes upon receipt of the parcel.
These costs are the sole responsibility of the Customer. HUBUR shall not be obliged to check or inform the Customer of any applicable customs duties and taxes. Customers are invited to contact the competent authorities in their country before placing an Order.
The Customer must retain proof of payment of duties and taxes in the event of a return or dispute regarding the Order.
Services & Quotes
The Services offered by the Supplier are detailed in a specific Quotation drawn up in agreement with the Customer. The Quotation specifies in particular the nature of the Services, their description, their duration, their pricing and any specific conditions applicable.
Franchise Services
Franchise services, if any, are subject to additional terms detailed in any separate Franchise Agreement entered into between the Supplier and the Customer.
Prevalence of Quote
In the event of any contradiction between these T&Cs, their Annex and the Quotation, the terms of the Quotation shall prevail, unless expressly stated otherwise in the Quotation.
Intellectual property rights
The Customer acknowledges that all intellectual property rights relating to the Services, including but not limited to copyrights, trademarks, patents, and know-how, as well as any software, documentation, or other materials provided by HUBUR as part of the Services, shall remain the exclusive property of HUBUR.
Use of the Services
The Client undertakes to use the Services in accordance with these T&Cs, the Quotation and any other applicable specific conditions. Under no circumstances may the Customer assign, sub-license or transfer the Services to third parties without the prior written consent of HUBUR.
Cancellation
HUBUR reserves the right to cancel the Services in the event of a breach by the Customer of these T&Cs, the Quotation or any other applicable specific condition as specified in Article 5 of these T&Cs.
By accepting these T&Cs, the Customer acknowledges having read, understood and accepted the terms of the Quotation, as well as any additional conditions applicable to the Services.
Right of access. Subject to the terms of this Agreement, HUBUR will provide Users with access to HUBUR Solutions as specified in the Quotation.
HUBUR grants the Customer, for the duration of the Contract, a personal, worldwide, non-exclusive and non-transferable right to access and use HUBUR Solutions only to the extent necessary for the Customer to benefit from the Services described in this Contract or in the Quotation. This right of access is limited to the Customer’s personal use and expressly excludes any form of reproduction, distribution, or commercialization of HUBUR Solutions and its Services.
All rights not expressly granted under this Agreement remain the exclusive property of HUBUR. The Customer undertakes not to copy, modify, translate, decompile, disassemble, create derivative works, or attempt to discover the source code of the Services provided by HUBUR Solutions, except with the express authorisation of HUBUR.
The Client undertakes not to grant or transfer to third parties all or part of the rights of access and use of HUBUR Solutions without the prior written consent of HUBUR. In the event of assignment or transfer of this Agreement to a third party, the rights to access and use HUBUR Solutions will automatically terminate, unless otherwise agreed in writing between the parties.
HUBUR reserves the right to restrict, suspend or terminate the Customer’s access to the HUBUR Solutions in the event of a breach of this Agreement or in the event of abusive or fraudulent behaviour on the part of the Customer.
Restrictions. The Customer undertakes not to, nor to allow any third party to, (1) disassemble, decompile, reverse engineer or attempt in any other way to identify or discover any source code or object code (2) copy, modify, translate or create works derived from the Intellectual Property Elements (3) reproduce, represent, distribute or exploit all or part of the Intellectual Property Elements for purposes other than those authorised by this Agreement.
Any use of HUBUR Solutions and the Intellectual Property Elements, not expressly authorised by this Agreement, constitutes an infringement within the meaning of, but not limited to: the Directive on Copyright in the Digital Single Market, the EU Trademark Regulation, the EU Design Regulation; the Paris Convention for the Protection of Industrial Property; the Agreement on Trade-Related Aspects of Intellectual Property Rights: the WIPO Copyright Treaty; and, within the meaning of national law as listed below, but without limitation: articles L. 335-2 et seq. of the French Intellectual Property Code; of Trade Marks Act (1996), Copyright Act (1963), Industrial Design Act (2001) for Irland; la Ley de Propriedad Intelectual (1996), la Ley de Marcas (2001), Ley de Patentes (2015) for Spain.
Exercise of the right of withdrawal.
The Contract shall be deemed final upon confirmation of the Order by HUBUR or validation of the Quotation for the subscription to the Services, and payment of the price. The Customer may nevertheless avail himself of a right of withdrawal, in accordance with this article.
Products Buying :
No later than fourteen (14) days from the date of receipt of their Order, Customers may submit a request for a return to the following e-mail address: [email protected].
If he so wish, the Customer may also send the form provided below.
It is essential to respect the original packaging, which has been designed and produced to protect the Product in the best possible conditions during transport. Therefore, HUBUR shall not be held liable for any package returned without all the items included in the original packaging in the event of breakage or deterioration of the Product.
The right of withdrawal cannot be exercised for Products that have been modified, damaged and/or soiled by the Customer.
In the event of a defect in the Product, the Customer may make a complaint, with reference to Article 8.
Subscription to Services :
No later than fourteen (14) days from the conclusion of the Contract, the Customer may send a request for withdrawal to the following e-mail address: [email protected]
If he so wish, the Customer may also send the form provided below.
This right of withdrawal also covers Rental Services, with the exception of Car Rental Services, in accordance with Article 16-l of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
In accordance with Article 16-a of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the Customer may not exercise his/her right of withdrawal if he/she has already taken advantage of the Services offered by HUBUR.
After the legal withdrawal period, if the Customer cancels any booking, all payments for the Services are due. However, in the event of force majeure (described below), a credit note or postponement may be offered.
Withdrawal form
— To the attention of HUBUR
— I/We _____________ hereby notify you of my/our withdrawal from the contract for the sale of the following goods/services (*)
— Ordered on _______/received on ________
— Name of consumer(s)
— Address of consumer(s)
— Signature of the consumer(s) (only in the case of notification of this form on paper)
— Date
Duration of Services
This Contract shall come into force on signature of the Quotation for the period specified in the Quotation, starting to run from the date mentioned therein, or failing that, on the day after the signature of the Quotation.
In the absence of any indication of duration in the Quotation, this Contract is concluded for an initial period of 1 (one) month, automatically renewable by tacit agreement, without any minimum commitment condition.
Modification of the Quote
In the event of a modification of the Quotation accepted by both Parties, the conditions of the current services will not be modified. The Contract will continue for the following month under the new conditions. It will then be renewed for successive periods of one (1) month under the conditions of the last Quotation accepted by the Parties.
Cancellation
Cancellation at the initiative of the Parties
Either Party may cancel this Agreement, subject to notifying the other Party in writing, at least 14 (fourteen) days before the end of the current contractual month.
Cancellation for default
The Contract may be terminated automatically by either Party in the event of a serious breach by the other Party of its contractual obligations.
Termination for breach may only occur after the expiry of a period of seven (7) calendar days from the first presentation to the defaulting Party of a reasoned formal notice sent by registered letter with acknowledgement of receipt by the other Party, which has remained unsuccessful.
The following in particular are considered to be serious breaches justifying the automatic cancellation of the Contract by HUBUR :
– Late or non-payment of an invoice by the Customer within the set deadlines.
– Use of any Service by the Customer that does not comply with its intended purpose.
– The deterioration of the physical infrastructure or equipment made available to the Customer.
– Violation by the Customer of the rights, in particular intellectual property rights, granted by HUBUR for the use of the Services.
Effects of cancellation
Upon expiration or cancellation of the Agreement for any reason, HUBUR will automatically cease providing the Services.
In the event of cancellation of the Agreement by HUBUR due to serious breach by the Customer, all sums due by the Customer shall be immediately payable. In the event of cancellation of the Agreement by the Customer due to serious breach by HUBUR, HUBUR will reimburse the Customer in proportion to the Price paid.
The Products and Services are supplied at the current prices shown on the Site, or failing that on the Quotation or when the Customer’s Order is registered. Prices are expressed in the currency indicated in the Quotation or on the Site, they are firm and final. The prices indicated are provided excluding VAT.
The total amount of the order, with or without VAT, is shown on the invoice.
For recurring Services and subscriptions, unless otherwise stated in the Quotation, invoices are issued at the start of the contractual month and then at each renewal date of the Contract, and are payable within (seven) days of the invoice date.
The Services offered by HUBUR are subject to change or promotion without notice.
Price
The Customer agrees to pay the Price in the currency indicated in the Quotation. Prices are exclusive of taxes.
Unless otherwise specified in the Quotation, invoices are issued at the beginning of the contractual month and then on each renewal date of the Contract, and are payable within seven (7) days from the date of invoicing.
The notification by HUBUR of the termination of the Agreement for non-payment by the Customer in accordance with the above conditions shall render the total amount owed by the Client to HUBUR certain, liquid and payable.
Price Changes
HUBUR reserves the right to revise the price of the Services at any time, subject to giving the Customer reasonable notice, and in any event at least fifteen (15) days before the end of the current contractual month, with the Customer having the option of cancelling within the same period. The revised price will apply for the following renewal periods (the Quotation will be deemed amended to reflect this price revision).
Payment terms
The price is payable in cash, or in several instalments when the option is available.
The payment terms are as follows:
The Customer makes payment at the time the Order is placed via the bank card payment system or any other means that the system makes available.
The Client undertakes to respond favourably to any request from the company and more generally from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, he agrees to provide any useful evidence. In the absence of a response to these requests, HUBUR may take any appropriate measure, including the suspension of services.
By providing his/her bank details when subscribing to the Services or placing the Order, the Customer authorises HUBUR to debit the account for the amount of the price indicated on the Site for the corresponding Service.
If HUBUR offers the Customer the option of paying a specific fixed price in full in several instalments, this shall constitute a payment schedule. The full price corresponding to the sum of the instalment payments is due, regardless of the number of payments envisaged.
Deposit
A deposit may be paid to block the Customer’s access to the Services/Order, however this does not commit HUBUR to making immediate delivery or providing access to the Services as soon as the deposit has been paid.
The Customer is aware that the payment of a deposit will enable him to take advantage of the Services at a later date once his payment has been finalised or after approval of a payment schedule in the case of payment in several instalments. The Customer may not request a refund of the deposit.
Payment incident and fraud
In the event of late or non-payment, interest is automatically payable on the amounts owed at a rate equal to 3 (three) times the legal interest rate in the country concerned. In addition, the Customer shall be liable for a fixed recovery fee of at least €40. Penalties are payable without the need for a reminder or formal notice, and are not subject to VAT.
HUBUR reserves the right, in the event of non-compliance with the aforementioned terms of payment, or refusal of authorisation by the bank to honour the transaction, to suspend all performance of the Contract.
The application of this clause does not prevent HUBUR from claiming damages in court.
Invoicing
For Services, the invoice is drawn up by HUBUR and given to the Client after payment of the price, with the exception of Delivery Services, which are subject to the invoicing conditions for Products.
In the case of Products, the invoice shall be drawn up by HUBUR and given to the Customer upon delivery of the Order.
The Customer agrees to receive a dematerialised invoice, which will be sent to the e-mail address that the Customer will have previously communicated to HUBUR . The Customer may, upon request, receive a printed invoice.
Changing, cancelling or refusing an Order
HUBUR reserves the right to object to an Order or Quotation. The criteria for making this choice include, but are not limited to :
The Contract shall only be concluded once the Customer has received confirmation by e-mail that his/her Order has been taken into account and has paid all sums due to HUBUR. If HUBUR accepts payment by instalments, the Contract shall be concluded with the first payment.
HUBUR holds all intellectual property rights relating to the Site and the Services provided. Intellectual property rights apply in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software and material appearing on the Site or constituting the tools, media or products delivered as part of HUBUR’s Services.
The access to the Site, the purchase of Products or the subscription to Services do not confer any right on the customer to intellectual property rights, which remain the exclusive property of HubUR. All rights of reproduction, representation, modification, transmission, publication, adaptation, communication, transfer, distribution on any medium whatsoever, or exploitation in any way whatsoever, are reserved to HUBUR.
Any use of all or part of the Site, Services and Products that has not been previously authorised by HUBUR, for any reason whatsoever, may be subject to any appropriate legal action.
HUBUR’s Responsibilities and Warranties.
– Exclusion and limitation of liability
HUBUR is bound by an obligation of means provided for in the context of the Services. HUBUR is not bound by any obligation of result and does not provide any express or implicit guarantee, including, without this list being limitative, relating to the continuity, performance, result or durability of the Services, which are subject to a hazard. Nor does HUBUR guarantee the suitability of the Services for the Customer’s business.
HUBUR’s total liability under the Contract shall not exceed the total Price paid by the Customer for the current contractual year.
In no event shall HUBUR, its directors, officers, employees, affiliates, agents, contractors, and interns be liable for any injury, loss, claim, or indirect or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, resulting from the use of any Services or Products offered by HUBUR, or for any other claim relating in any way to the use of the Services or Products, including but not limited to any errors or omissions in any content, or any disclosure or publication arising from the Customer’s use of the Services.
Unless the producer cannot be identified, HUBUR cannot be held liable for damages of any kind, whether material, immaterial or bodily, which may result from improper functioning or improper use of the Products marketed. The same applies to any modifications made to the Products by the manufacturers.
– Legal guarantee of conformity
All Products are covered by the legal guarantee provided by European Directive 1994/44/EC of 25 May 1999, which has been incorporated into the various national legal systems.
Thus, depending on the delivery address of the Products, and/or where applicable, the Customer’s place of residence (set at the company’s registered office for business Customers), the duration of the legal guarantee is as follows:
The legal warranty does not cover any Product whose deterioration is the result of an accident, inappropriate handling or use (tears, shocks, exposure to corrosive products).
– Contractual warranty
HUBUR warranties the correct manufacture of the Products sold, and undertakes to repair any part found to be defective due to a manufacturing or workmanship defect, apart from normal wear and tear of the Products or personal alteration to them.
The warranty period is two (2) years and runs from the date of the Order. The warranty is not transferable and may therefore only be used by the Customer whose name appears on the invoice or proof of Order.
The commercial warranty does not cover Products used for rental purposes, or damage caused by wear and tear, misuse, lack of maintenance or any modification made to the Product after delivery. This warranty is limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
This warranty does not cover :
– Spare parts availability
HUBUR undertakes to inform the Customer, in a clear and legible manner, of the period during which it is foreseeable that spare parts essential for the use of the Product will be available on the market. This period will depend in particular on the specific characteristics of the manufacturers.
– Availability of the Website
Subject to the payment of the Price by the Client, HUBUR will provide the Services under the conditions set out in the Contract. With this in mind, HUBUR is committed to making its best efforts to ensure the accessibility and availability of HUBUR Solutions 24/7.
In the event that a malfunction or anomaly hinders the proper functioning of HUBUR Solutions, HUBUR undertakes to carry out the necessary operations as soon as possible and to keep the Client duly informed by any means.
HUBUR may limit or suspend access to one or more Services in order to carry out maintenance operations or to upgrade its Services.
In the event of an interruption of service by HUBUR due to corrective maintenance, HUBUR will do everything in its power to remedy the malfunction within a reasonable period of time. The security and integrity of communications on the Internet cannot be guaranteed in the event of a malfunction.
However, the Client expressly acknowledges that these obligations do not cover breakdowns or interruptions resulting from the internet network or from third parties, in particular telecommunications operators and/or the company hosting the Services, or resulting from acts of malice or force majeure.
Responsibilities and guarantees of the Client.
The Client is responsible for the use of the Services under the conditions provided for in this Agreement and undertakes not to allow any third party, other than users, to access or use the Services.
The Customer undertakes to inform HUBUR within 24 hours of discovering a technical malfunction.
– Maintenance, upkeep and safety
The Customer acknowledges and expressly accepts that he/she is responsible for maintaining and ensuring the integrity of the Products and of the infrastructure and equipment provided by HUBUR as part of the Services provided. This responsibility includes, but is not limited to, regular monitoring, preventive maintenance, and compliance with the recommendations for use provided by HUBUR or any external service provider or subcontractor, in particular within the manufacturer’s manual given to the Customer upon delivery of the Products.
The Customer undertakes to immediately inform HUBUR of any anomaly, deterioration or need for repair of the infrastructure and equipment. HUBUR reserves the right to charge the Customer for repair or replacement costs resulting from improper use, negligence or any other damage caused by the Customer or its representatives.
The Customer must ensure strict compliance with road safety rules, in particular by using approved equipment (helmets, reflective jackets, etc.).
– Registration and insurance
The Customer undertakes to register the vehicles and take out the appropriate insurance, in accordance with current legislation. He/she is responsible for updating administrative documents and ensuring that number plates are valid.
In the event of a breach of one or more of these obligations, HUBUR reserves the right to suspend the benefit of any part of its Services to the Customer.
The Customer remains liable to HUBUR and indemnifies HUBUR against any action, claim, complaint of any kind relating to the Customer’s responsibilities and guarantees under the Agreement and shall bear all costs relating to disputes, claims, complaints, proceedings or actions brought against HUBUR and/or convictions that may be pronounced against HUBUR, and which are related to such liabilities and/or warranties.
In the context of the provision of the Services, HUBUR may process certain Customer content that is considered personal data within the meaning of the GDPR. In this case, the parties agree to comply with the terms of the Appendix – “Data Processing Agreement – DPA” as well as the Privacy Policy present on the Site.
Neither Party shall be liable to the other for any failure to perform or any suspension of performance of its obligations under the Contract if such failure or suspension results from or arises in any way from an event of force majeure within the meaning of Article 1218 of the French Civil Code, the case law of the Cour de Cassation and the principles of Common Law.
Provided, however, that: (1) the Party wishing to rely on such an event of Force Majeure to justify a failure to perform or a suspension informs the other Party without delay in writing, indicating its foreseeable duration and the period during which a suspension of performance is requested, (2) the Parties will consult each other in good faith to consider the modification of the terms of the Contract to take account of such suspension and other modifications (if any) desired by any of them as a result, and (3) if the Parties fail to reach agreement in this context after a period of sixty (60) calendar days, either Party shall be entitled to terminate the Contract subject to informing the other Party in writing by registered letter with acknowledgement of receipt. In the event of termination due to force majeure, neither Party shall be liable to the other.
However, force majeure cannot be invoked by the Customer to contest his obligation to pay the Price.
Finally, the delivery obligation does not lie with HUBUR but rather with the chosen carrier. Consequently, in the event of delay, loss or damage resulting from force majeure events, HUBUR shall not be obliged to provide the Customer with the evidence required to prove the occurrence of such events. Nevertheless, HUBUR undertakes to inform the Customer of any delays or delivery incidents as soon as it becomes aware of them.
Each Party undertakes to treat as confidential and not to disclose to third parties to the Contract all information communicated to it in the context of the Contract or necessary for the performance of the Services, in particular information relating to the Price appearing in the Quotation, business secrets and industrial, commercial or financial specifications, throughout the duration of the Contract and for a period of two (2) years from its expiry or its termination for any reason.
The Contract and its content will remain confidential between the Parties unless they are compelled to reveal its existence or content. (i) to enforce their legal rights, in particular – but not exclusively – in the event of breach of contract by one of the Parties, (ii) by a court order, or (iii) in response to a request from a tax or customs authority, a body responsible for collecting social security contributions or an auditor or chartered accountant.
In the event that one of the Parties is obliged to reveal to a third party the existence of the Contract or its content, or confidential information communicated in the course of its performance, it must imperatively inform the other Party as soon as possible by any means (except in the case of a request from a tax authority, an auditor or a chartered accountant).
Notification. Unless otherwise specified in this Contract, notifications must be sent to :
To the Customer: by email, to the address of the sales contact as identified in HUBUR Solutions and/or having signed the Quote.
TO HUBUR: by email, at [email protected].
Assignment of the Contract. The HUBUR Services are provided to the Customer in consideration of his/her person and his/her needs and may not be transferred or assigned without the prior consent of HUBUR.
Entire Agreement. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Services together with the Quotation constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be construed to the disadvantage of the drafting party.
Non-waiver. If one of the Parties does not require the application of one of the stipulations of the Contract, this may not be considered as a waiver by the said Party of its rights under the said stipulations.
Divisibility. If any provision of this Agreement is for any reason held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect without being altered or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Applicable law and jurisdiction
If you are a professional. Any complaint by the Customer must be sent in writing to the e-mail address [email protected]. HUBUR will have 4 (four) weeks to give you written feedback. If no solution is found between the Client and HubUR within 4 months of the complaint, they agree, in the first instance, to proceed with an amicable settlement of the dispute before the Dublin Dispute Resolution Centre (Dublin, Ireland) prior to any legal proceedings.
In the absence of an amicable agreement or the jurisdiction of the arbitration tribunal, any dispute which may arise between the Parties shall be subject exclusively to the ordinary courts of Dublin.
The Contact is governed by Irish law. In the absence of an amicable resolution, the Parties agree to submit any dispute or dispute relating to the Contract, regardless of the legal basis, to the exclusive jurisdiction of the ordinary courts of Ireland.
If you are an individual. Any complaint by the Customer must be sent in writing to the e-mail address [email protected]. HUBUR will have 4 (four) weeks to give you written feedback. If no solution is found between the Client and HubUR within 4 months of the complaint, any dispute or so-called consumer dispute may be settled out of court by mediation with NetNeutrals.
Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive, or has been previously examined or is in the process of being examined by another mediator or by a court, or if the consumer made his request to the mediator more than one year after his written complaint to HubUR, or if the dispute does not fall within the mediator’s field of competence, or if the consumer has not previously attempted to resolve the dispute directly with HubUR by means of a written complaint in accordance with the terms and conditions of sale.
To submit your dispute to the mediator, you can:
Whatever the means used to contact NetNeutrals, your request must contain the following elements in order to be processed rapidly: your postal address, email address and telephone number as well as HUBUR’s full contact details, a brief statement of the facts, and proof of prior contact with HubUR.
In the absence of an amicable agreement, any dispute which may arise between the Parties shall be exclusively subject to the jurisdiction of the ordinary courts of Dublin.
The Contact is governed by Irish law. Failing amicable resolution, the Parties agree to submit any dispute or challenge relating to the Contract, whatever the legal basis, to the exclusive jurisdiction of the ordinary courts of Dublin.
This Data Processing Agreement (the “DPA”) details the respective obligations of the Parties in respect of the Processing of Personal Data carried out by the Company on behalf of the Customer as part of the Services.
Details of the Processing operations for each of the Services are shown in the Processing Operations Details Sub-Appendix.
Only the stipulations of this document relating to the Services actually subscribed to by the Customer within the Quotation are applicable to the Parties.
The Franchisee expressly undertakes to comply with the obligations defined in this PAD.
For the purposes of this DPA, the following terms shall have the meanings set out below. The definitions set out in the Contract also remain applicable to these terms.
” DPA ” means this Data Processing Agreement (and its Sub-Annex) between the Company and the Customer.
“Personal Data” means any information relating to an identified or identifiable natural person; an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to him or her. To determine whether a person is identifiable, it is necessary to consider all the means of identification available to or accessible by the Data Controller or any other person.
” Purpose ” means the purpose pursued by the Processing in the context of the performance of the Sub-Contractor’s services.
” Data Subject ” means a natural person whose Personal Data is being Processed.
” Data Protection Policy ” means the document, available on the Website of the Service concerned, detailing HUBUR’s commitments to any Data Subject whose Personal Data it processes in its capacity as data controller.
“Personal Data Regulations” means the regulations in force applicable to the Processing of Personal Data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“RGPD”), as well as Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended;
” Data Controller ” means the Customer insofar as it determines the Purposes and the means of the Processing operations carried out on the Personal Data in the context of its use of the Services under the conditions set out in this PAD;
” Sub-Annex Details of Processing Operations ” means the Sub-Annex to this DPA detailing the Personal Data Processing operations sub-contracted by the Controller to the Sub-contractor as part of the Services.
” Sub-Processor ” means the Company, where it processes Personal Data on behalf of and on the instructions of the Customer under the conditions set out in this DPA.
“Subsequent Sub-Contractor “means any subsequent processor engaged by the Sub-Contractor to carry out certain Processing activities.
“Processing “means any operation or set of operations relating to Personal Data carried out by the Sub-contractor on behalf of the Data Controller within the scope of this Appendix, regardless of the process used, in particular the collection, recording, organisation, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation or interconnection, as well as the limitation, deletion or destruction of Personal Data.
“Breach of Personal Data “means a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to Personal Data transmitted, stored or otherwise processed.
The Sub-Contractor is authorised to process, on behalf of the Data Controller, the Personal Data necessary for the provision of the Services covered by the Contract.
The nature of the Processing operations carried out under this DPA, their legal basis, their Purpose(s), the Personal Data that is the subject of the Processing operations, the categories of Data Subjects, the duration and location of the Processing, are described in the Sub-Annex detailing the Processing operations.
This DPA comes into force when the Quotation is signed by the Customer and remains in force for the duration of the Contract.
The Data Controller acknowledges and guarantees :
The Subcontractor undertakes to:
The Processor is authorized by the Controller to use Sub-Processors in order to carry out certain specific Processing operations.
The Sub-Contractor shall inform the Data Controller in advance and in writing of any planned changes concerning the addition or replacement of other Sub-Contractors. This information must clearly indicate the Processing operations subcontracted, the identity and contact details of the Third-Party Processor, any transfers of Personal Data outside the European Union and the appropriate means adopted by the Third-Party Processor to manage such transfers.
The Data Controller has a period of fifteen (15) calendar days from the date on which this information is sent to present his objections. Subsequent subcontracting may only be carried out if the Data Controller has not raised any written objection within this period.
In the event of an objection duly justified in writing and sent within the time limit set by letter with acknowledgement of receipt by the Data Controller concerning the choice of a new Sub-Contractor, the Sub-Contractor will take into account the remarks of the Data Controller either :
The Sub-contractor is required to comply with the obligations of this Sub-processing Contract on behalf of and in accordance with the instructions of the Data Controller. It is the Sub-Contractor’s responsibility to ensure that any Subsequent Sub-Contractor provides sufficient guarantees that appropriate technical and organisational measures have been implemented so that the Processing operations sub-contracted meet the requirements of the Personal Data Regulations.
The Sub-Contractor remains fully responsible to the Data Controller for the performance by any Subsequent Sub-Contractor of its obligations under the Personal Data Processing operations sub-contracted.
11. Transfers of Personal Data
Any transfer of Personal Data to a country outside the European Union or to an international organisation by the Sub-processor shall only be carried out on the basis of documented instructions from the Controller or in order to comply with a specific requirement of European Union law or Member State law to which the Sub-processor is subject and shall be carried out in accordance with Chapter V of the GDPR or Regulation (EU) 2018/1725.
The Data Controller agrees that where the Sub-processor recruits a Sub-processor in accordance with Article 10 and the relevant processing activities involve a transfer of Personal Data outside the European Union, the Sub-processor and the relevant Sub-processor will ensure compliance with Chapter V of the RGPD, prior to the implementation of the relevant Processing operations, i.e. :
12. Right to information for Persons Concerned
It is the responsibility of the Data Controller to provide the information to the Data Subjects at the time of collection of the Personal Data.
13. Exercise of the rights of Persons Concerned
Insofar as possible, the Data Processor shall assist the Data Controller in fulfilling its obligation to comply with requests to exercise the rights of Data Subjects: right of access, portability, rectification, erasure and objection, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling), etc.
Where Data Subjects make requests directly to the Sub-processor to exercise their rights in relation to their Personal Data that is the subject of the Processing, the Sub-processor shall send these requests without delay by e-mail to a contact point of the Data Controller.
14. Notification of Personal Data Breaches
The Sub-Contractor shall notify the Data Controller of any Personal Data Breach as soon as possible and, at the latest, seventy-two (72) hours after becoming aware of it. This notification shall be accompanied by any useful documentation to enable the Data Controller, if necessary, to notify this Personal Data Breach to the competent supervisory authority and, where applicable, to the Data Subjects.
The Processor shall inform the Controller of the identified causes of such Personal Data Breach and shall take all measures that it deems necessary and reasonable in order to remedy the origin of such Personal Data Breach where such remedy is within the control of the Processor.
15. Helping the Sub-contactor to ensure that the Data Controller complies with its obligations
The Sub-Contractor may reasonably assist the Data Controller in :
These requests must be reasonable in relation to the objective pursued, both in terms of the human and financial cost that they may represent for the Sub-Contractor, and may be the subject of an additional estimate if necessary.
16. Security measures
The Sub-Contractor undertakes to implement technical and organisational measures to guarantee a level of security appropriate to the Processing of Personal Data.
The Sub-Contractor must at all times have technical and organisational measures in place to prevent unauthorised access to the Personal Data and the use of the Personal Data for Purposes other than those agreed between the Parties.
The Sub-Contractor represents and warrants that the security measures taken are in no way inferior to those required by the Personal Data Regulations or those that a person carrying out the same activity as the Sub-Contractor would reasonably have taken to protect the Personal Data against unauthorised access or use.
In cases where the Sub-Contractor has obtained prior authorisation from the Controller for the transmission of Personal Data to a third party, the Sub-Contractor must again take appropriate security measures to ensure the secure transmission of Personal Data.
17. Disposal of Personal Data
At the end of the provision of services relating to the Processing of Personal Data, the Sub-Contractor undertakes to destroy or anonymise all Personal Data processed on behalf of the Data Controller.
However, the Sub-Contractor may retain any Personal Data whose retention in an intermediate archive beyond the duration of the provision of services would be made necessary by virtue of a legal obligation or for the purposes of ensuring the Sub-Contractor’s defence in the context of any dispute, for the periods stipulated by the laws and regulations applicable in the matter.
The Sub-Contractor may, if necessary and before the destruction or anonymisation provided for above, assist the Data Controller so that the latter may recover certain Personal Data in a particular format, after validation by the latter of a quote detailing the price of such a service.
18. Processing Register
The Sub-Contractor declares that it keeps a written register of the Processing, including details of the Processing carried out on behalf of the Data Controller and including:
19. Documentation
The Sub-Contractor shall make available to the Data Controller the documentation necessary to demonstrate compliance with all its obligations and to allow audits (one (1) audit maximum per year), including inspections, to be carried out by the Data Controller or another auditor appointed by it at its sole expense, and to contribute to these audits.
In order to be admissible, any audit request must be sent to the Customer at least forty-five (45) calendar days prior to the planned audit date.. Any audit that requires the Subcontractor to spend more than one (1) man-day per year will be subject to additional invoicing.
Any limitation of liability applicable under the Contract shall also apply to this DPA, without prejudice to any individual liability that the Data Controller or the Subcontractor may incur towards any Data Subject or any competent supervisory authority, in particular under Article 82 of the GDPR.
By express agreement between the Parties, this Annex shall be governed by Irish law to the exclusion of all other laws.
Failing amicable resolution, the Parties agree to submit any dispute or controversy relating to the validity, interpretation, performance and/or termination of this DPA to the exclusive jurisdiction of the ordinary courts of Ireland.
| Name / logo | Date of creation of the treatment |
| Order Processing | Feb-24 |
| Google Analytics | Feb-24 |
| KYC | Feb-24 |
| Car rental | Feb-24 |
| Office rental | Feb-24 |
| Hiking | Feb-24 |
| Technical service (anti-theft marking, repair, sale and installation of accessories) | Feb-24 |
| Blockchain | Feb-24 |
