General conditions

ARTICLE 1 – APPLICATION OF THE TERMS AND CONDITIONS

The parties agree that their relations will be governed exclusively by this contract. The service provider is defined below as being NOVISCORE SAS, a company with a capital of €10,000, the registered office of which is at 76 chemin de l'Androune, Mas de Mouton, 30630 Verfeuil, listed in the Nîmes Trade and Companies Register under the number 489 674 457 (EU VAT no.: FR 93489674457).

The user is defined below as being exclusively a private individual not involved in commercial activities, namely a consumer. Accordingly, the Standard Terms and Conditions of Sale are applicable solely to the relations between NOVISCORE and a private individual not involved in commercial activities, i.e. a consumer. Any individual or legal entity acting in the context of their professional or commercial activity must ask NOVISCORE for the Standard Terms and Conditions of Sale applicable to them or it. These Standard Terms and Conditions of Sale will apply by right to access to the on-line service proposed by NOVISCORE (“the Service”), whose URL address is www.noviscore.fr.

The Service constitutes an indivisible entity consisting of all the data available, interconnected by means of hyperlinks.

These Terms and Conditions of Sale will prevail over any terms of purchase that may be asserted. They are susceptible of being modified by NOVISCORE at any time without prior notice, in which event the modifications will be applicable to all services provided subsequently.

Any order accepted by NOVISCORE’s sales department will immediately become firm and definitive. NOVISCORE however reserves the right to make the performance of orders conditional on the provision of prior payment guarantees.

Any placing of an order presupposes unreserved compliance with these Standard Terms and Conditions of Sale, acceptance and compliance with the obligations stemming from the Intellectual Property Code and, more generally, compliance with the various international agreements for the protection of intellectual property rights. Similarly, any placing of an order implies acceptance of the corresponding prices and of the description of the products available for sale.

ARTICLE 2 – DESCRIPTION OF THE PRODUCTS AND SERVICES

2-1 Sheet music to be displayed and printed

Once the transaction has been validated, the user may display the purchased sheet music from his "personal area" ("My Account" section), without limit of duration, and on every possible media (Computers, Pads, Smartphones...). The user will also have the possibility to print his sheet music within 2 printing sessions.

Print-outs can be made on any printer from any computer whatsoever. No special software is necessary.
The use of a color printer is necessary for optimum use of the reading aid. The user recognizes that the use of a monochrome "black and white" printer cannot give rise to any liability whatsoever on the part of NOVISCORE.

2-2 Audio/Video downloads

Once the transaction has been validated, the user may download audio and/or video aids from their “personal area” (“My Account” section), and transfer them to the medium of their choice. However, the user is informed that their right to do so is limited to strictly private use, to the exclusion of any collective use, as stipulated in Article L. 122-5 of the Intellectual Property Code.

ARTICLE 3 – TERMS OF ACCESS TO THE SERVICE

3-1 Required computer configuration

Use of the Service requires a compatible computer system, a printer, Internet access and certain software, which may be supplied in return for a fee, and which may periodically necessitate updating. As use of the Service requires hardware, software and Internet access, the User's ability to access the Service may be affected by the performance of these.

High speed Internet access is strongly recommended.

The user acknowledges and accepts that these technical requirements, which may change from time to time, are their responsibility. The Service is not part of any product or offer, and no purchase or acquisition of any other product whatsoever can be interpreted as procuring for or guaranteeing the user access to the Service.

3-2 Access to the service

NOVISCORE undertakes to implement all the means necessary to enable the user to have reliable and rapid access to the Service. The user declares that they have agreed to bear the costs of and accept the limitations specific to any connection to the Internet network. The user, cognizant of the minimum specifications communicated by NOVISCORE, is responsible for accessing the Service under good technical conditions - hardware, software and telecommunications - in order to ensure, in particular, that backup measures and protection against possible intrusion will be ensured. The information contained on the NOVISCORE site is accessible 24 hours a day, 7 days a week, subject to any accidental interruption of the service or occasional interruptions necessary to ensure the correct overall functioning of the service. Such interruptions will not give rise to any compensation.

An assistance service, limited to use of the Service, is at the disposal of users at the following address: support@noviscore.fr

3-3 Phases of entering into the contract

At the time of the first order placed on the Internet, all new users must create a "User account" A login and a password of at least six alphanumeric characters will be requested.

When validating each order, the user will be directed to their virtual shopping basket and reminded of the content of their order.

The order will only be definitively recorded once all the necessary information has been provided and the final validation effected.

Once the order has been recorded and the payment method selected, the contract for provision of the service will be held to have been entered into.

NOVISCORE’s receipt of the order will be confirmed by the despatch of an e-mail automatically generated by the Noviscore Internet site and sent to the e-mail address given at the time of creating the customer account.

NOVISCORE reserves the right to cancel or refuse to accept any order placed by a user with which it is involved in a dispute concerning payment with respect to a previous order.

ARTICLE 4 – PRICES

The prices indicated on the site are given in euros and include VAT. They are subject to change without advance notice or any prior indication to that effect. However, the prices stated in the user’s order will be firm and definitive once the order has been validated and recorded.

NOVISCORE may not be held liable or responsible for paying any dues, bank fees and taxes that may be payable by virtue of any foreign regulations applicable to the user and/or within the territory in which the products are delivered, and the user hereby undertakes to pay the said dues and taxes and ensure that NOVISCORE is never held liable with respect to these.

ARTICLE 5 – POSSIBILITY OF WITHDRAWAL

Under the conditions set forth in the provisions of Article L. 121-16 of the Consumer Code and in the context of the provision of a service exclusively using one or more remote communication techniques, the user has a right of withdrawal during seven (7) clear days as from their acceptance of the offer. If this seven (7) day period expires on a Saturday, a Sunday or a public holiday, it will be extended to the first following working day.

However, in application of Article L. 121-20-2 1° of the Consumer Code, this right of withdrawal may not be exercised in respect of contracts for the provision of services in cases where, with the consumer’s consent, the performance of the service has begun before the end of the said period of seven (7) clear days.

If the user wishes to exercise their right of withdrawal they must send an e-mail to that effect to contact@noviscore.fr. Their withdrawal request must imperatively mention the order number given on the invoice. The user’s withdrawal from the service will be acknowledged and confirmed by e-mail. Reimbursement of the sum paid at the time of placing the order will be effected without delay; the sum corresponding to the amount of the order will be credited to the credit/debit card used to pay for the service or, alternatively, to the user’s Noviscore account. Attention is expressly drawn to the fact that any performance of the contract for the provision of services, as for example the printing of scores or the downloading of audio/video files, made after submitting the withdrawal request will render the said request null and void.

Only private individuals, to the exclusion of legal entities, etc., will have the above-mentioned possibility of withdrawing from a contract.

ARTICLE 6 – PAYMENT

Payment will be made by credit/debit card, Paypal, or bank transfer. The credit/debit card used must be valid for at least one month. The inputting of bank details on a secure server makes it possible to guarantee security and confidentiality for the information provided at the time of the transaction. This information is then processed and handled by one of the following banks, according to the currency you choose : either the Caisse d'Epargne's SP+ secure payment system for Euro, or the Crédit Mutuel CIC secure payment system for Dollar and Pound Stirling.

All users also have the possibility of crediting their Noviscore account by bank card, Paypal or bank transfer. Unspent balances are non-refundable. Every balance remained unused after 2 years will be cancelled for accounting purposes.

If the amount of the order is greater than the balance available in the user’s account, the user may pay the difference immediately by credit/debit card or alternatively go to their personal area (“My Account” section) to credit their account once more by a sum to be added to the previous balance, from which the amount of their order will be deducted.

In order to pay by bank transfer, the user will contact Noviscore at contact@noviscore.fr. Noviscore will send bank numbers by return, as well as details on the procedure to follow.

Banks sometimes invoice costs or exchange commissions for certain transactions. We at Noviscore advise our users to verify this with their own bank. Noviscore is not responsible for these banking expenses and can not be expected to reimburse such costs.

ARTICLE 7 – PENALTY CLAUSE

If NOVISCORE has to call on the services of a debt collection company or apply to the courts in order to obtain the payment of unpaid invoices, the outstanding sums will be increased by 10% by way of a penalty, without prejudice to the application of penalty interest.

ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS

All documents, texts, works and illustrations to which, in the context of the services that are the subject of these Standard Terms and Conditions of Sale NOVISCORE provides access either directly or via the intermediary of a sub-licensed third party, are protected by copyright and by database law, in accordance with the Intellectual Property Code.

The user undertakes not to make any use of the products and services for purposes that are not strictly personal and likewise undertakes not to publish, disseminate or sell, in any way whatsoever, the content that they access.

Subscribing to any form of access to the online Service does not give rise to the transfer of any ownership rights of any kind whatsoever to the benefit of the user. The latter moreover undertakes not to infringe in any way whatsoever the reproduction rights, presentation rights and other rights held by NOVISCORE, including those protected by application of Articles L.342-1 et seq. of the Intellectual Property Code relating to databases.

Any proposed use of the protected elements that is not in accordance with the use provided for by NOVISCORE must be submitted to NOVISCORE for its discretionary authorization expressed in writing.

ARTICLE 9 – PERSONAL DATA

Mere consultation of the www.noviscore.fr site will not give rise to the recording of any data of a personal nature. However, in the event of subscription to an electronic service, regardless of whether the service is provided free of charge or in return for payment, NOVISCORE will collect from each user a certain amount of obligatory data of a personal nature (name, address, contact details, etc.). Similarly, if it receives a request for information or documentation, NOVISCORE may be led to use this data for the purposes of answering the said request.

NOVISCORE guarantees that no data of a personal nature will be collected without the user’s having been informed to that effect beforehand.

NOVISCORE respects the provisions for the protection of human rights and fundamental freedoms, the protection of personal data and the free circulation of such data, and complies with EU Directive no. 95/46 and Act no. 78-17 of 6 January 1978 concerning data processing, data files and individual liberties, (modified by the Act of 6 August 2004 concerning the protection of individuals in the context of the processing of personal data). To that end the company has gone through the appropriate procedures and obtained the requisite legal and administrative permits, and duly submitted a declaration to the Commission Nationale Informatique et Libertés (CNIL, the French data-processing watchdog) concerning its processing of personal data.

The user is informed in particular that, in accordance with Act no. 78-17 of 6 January 1978 concerning data processing, data files and individual liberties, they benefit from rights in respect of access to personal information concerning them and its rectification or deletion. These rights may be exercised by sending a letter by post to NOVISCORE SAS (cnil), 76 chemin de l'Androune, Mas de Mouton, 30630 Verfeuil. (The cost of the stamps will be refunded on request).

ARTICLE 10 – RESPONSIBILITY - LIABILITY

The user is solely responsible for their consultation, choice, use and interpretation of the services provided by NOVISCORE.

Under no circumstances may NOVISCORE be held liable for any harm or loss of any kind whatsoever such as, among other things, any loss of business, loss of data or any financial loss resulting from use of the services or inability to use the services that are the subject of this contract. In addition, no assistance procured by NOVISCORE in respect of using the services may create any additional guarantee in respect of these present Terms and Conditions of Sale.

ARTICLE 11 – LAW APPLICABLE

This contract is governed by French law, without prejudice to the application of any mandatory law affording greater protection that may be invoked by a foreign judge before whom legal proceedings have been initiated by a consumer in the country in question.

ARTICLE 12 – FINAL STIPULATIONS

NOVISCORE will archive purchase orders and invoices on a reliable and durable medium constituting an accurate copy in accordance with the provisions of Article 1348 of the Civil Code. NOVISCORE’s computerized records will be considered by the parties as proof of communications, orders, payments and transactions that have taken place between the parties, unless proved otherwise. The electronic signature constituted by the “double-click” procedure when placing an order and the recording of same will have the force of a manuscript signature between the parties.

Should one of the clauses or provisions of these Standard Terms and Conditions of Sale be cancelled or declared unlawful by a court judgement that has become definitive, the resulting nullity or unlawfulness will not in any way affect the other clauses or provisions, which will continue to be applicable.

These Standard Terms and Conditions of Sale are subject to French law. Any dispute that may arise concerning the wording, performance or coming to an end of the contractual obligations in force between the parties for which no amicable solution can be found will be submitted to the Nîmes courts.

The fact that at any given time NOVISCORE has refrained from enforcing any of the clauses of this agreement cannot be held to constitute renunciation of the right to subsequently enforce the clause(s) in question.

Version updated on October 3rd 2011. This edition cancels and replaces previous versions.

ARTICLE 1 – APPLICATION OF THE TERMS AND CONDITIONS

The parties agree that their relations will be governed exclusively by this contract. The service provider is defined below as being NOVISCORE SAS, a company with a capital of €10,000, the registered office of which is at 76 chemin de l'Androune, Mas de Mouton, 30630 Verfeuil, listed in the Nîmes Trade and Companies Register under the number 489 674 457 (EU VAT no.: FR 93489674457).

The user is defined below as being exclusively an individual or legal entity acting in the context of their professional or commercial activity. Accordingly these Standard Terms and Conditions of Sale are applicable solely to the relations between NOVISCORE and an individual or legal entity acting in the context of their professional or commercial activity. Any private individual not involved in commercial activities, or who has the status of a consumer, must ask NOVISCORE for the Standard Terms and Conditions of Sale applicable to them.

These Standard Terms and Conditions of Sale will apply by right to access to the on-line service proposed by NOVISCORE (“the Service”), whose URL address is www.noviscore.fr.

The Service constitutes an indivisible entity consisting of all the data available, interconnected by means of hyperlinks.

These Terms and Conditions of Sale will prevail over any terms of purchase that may be asserted. They are susceptible of being modified by NOVISCORE at any time without prior notice, in which event the modifications will be applicable to all services provided subsequently.

Any order accepted by NOVISCORE’s sales department will immediately become firm and definitive. NOVISCORE however reserves the right to make the performance of orders conditional on the provision of prior payment guarantees.

Any placing of an order presupposes unreserved compliance with these Standard Terms and Conditions of Sale, acceptance and compliance with the obligations stemming from the Intellectual Property Code and, more generally, compliance with the various international agreements for the protection of intellectual property rights. Similarly, any placing of an order implies acceptance of the corresponding prices and of the description of the products available for sale.

ARTICLE 2 – DESCRIPTION OF THE PRODUCTS AND SERVICES

2-1 Sheet music to be displayed and printed

Once the transaction has been validated, the user may display the purchased sheet music from his "personal area" ("My Account" section), without limit of duration, and on every possible media (Computers, Pads, Smartphones...). The user will also have the possibility to print his sheet music within 2 printing sessions.

Print-outs can be made on any printer from any computer whatsoever. No special software is necessary.
The use of a color printer is necessary for optimum use of the reading aid. The user recognizes that the use of a monochrome "black and white" printer cannot give rise to any liability whatsoever on the part of NOVISCORE.

2-2 Audio/Video downloads

Once the transaction has been validated, the user may download audio and/or video aids from their “personal area” (“My Account” section), and transfer them to the medium of their choice. However, the user is informed that their right to do so is limited to strictly private use, to the exclusion of any collective use, as stipulated in Article L. 122-5 of the Intellectual Property Code.

ARTICLE 3 - TERMS OF ACCESS TO THE SERVICE

3-1 Required computer configuration

Use of the Service requires a compatible computer system, a printer, Internet access and certain software, which may be supplied in return for a fee, and which may periodically necessitate updating. As use of the Service requires hardware, software and Internet access, the User's ability to access the Service may be affected by the performance of these.

High speed Internet access is strongly recommended.

The user acknowledges and accepts that these technical requirements, which may change from time to time, are their responsibility. The Service is not part of any product or offer, and no purchase or acquisition of any other product whatsoever can be interpreted as procuring for or guaranteeing the user access to the Service.

3-2 Access to the service

NOVISCORE undertakes to implement all the means necessary to enable the user to have reliable and rapid access to the Service. The user declares that they have agreed to bear the costs of and accept the limitations specific to any connection to the Internet network. The user, cognizant of the minimum specifications communicated by NOVISCORE, is responsible for accessing the Service under good technical conditions - hardware, software and telecommunications - in order to ensure, in particular, that backup measures and protection against possible intrusion will be ensured. The information contained on the NOVISCORE site is accessible 24 hours a day, 7 days a week, subject to any accidental interruption of the service or occasional interruptions necessary to ensure the correct overall functioning of the service. Such interruptions will not give rise to any compensation.

An assistance service, limited to use of the Service, is at the disposal of users at the following address: support@noviscore.fr.

3-3 Phases of entering into the contract

At the time of the first order placed on the Internet, all new users must create a "User account" A login and a password of at least six alphanumeric characters will be requested.

When validating each order, the user will be directed to their virtual shopping basket and reminded of the content of their order.

The order will only be definitively recorded once all the necessary information has been provided and the final validation effected.

Once the order has been recorded and the payment method selected, the contract for provision of the service will be held to have been entered into.

NOVISCORE’s receipt of the order will be confirmed by the despatch of an e-mail automatically generated by the Noviscore Internet site and sent to the e-mail address given at the time of creating the customer account. The contractual information will be presented in French.

NOVISCORE reserves the right to cancel or refuse to accept any order placed by a user with which it is involved in a dispute concerning payment with respect to a previous order.

ARTICLE 4 – PRICES

The prices indicated on the site are given in euros and include VAT. They are subject to change without advance notice or any prior indication to that effect. However, the prices stated in the user’s order will be firm and definitive once the order has been validated and recorded.

NOVISCORE may not be held liable or responsible for paying any dues, bank fees and taxes that may be payable by virtue of any foreign regulations applicable to the user and/or within the territory in which the products are delivered, and the user hereby undertakes to pay the said dues and taxes and ensure that NOVISCORE is never held liable with respect to these.

ARTICLE 5 – PAYMENT

Payment will be made by credit/debit card, PayPal, or bank transfer. The credit/debit card used must be valid for at least one month. The inputting of bank details on a secure server makes it possible to guarantee security and confidentiality for the information provided at the time of the transaction. This information is then processed and handled by one of the following banks, according to the currency you choose : either the Caisse d'Epargne's SP+ secure payment system for Euro, or the Crédit Mutuel CIC secure payment system for Dollar and Pound Stirling.

All users also have the possibility of crediting their Noviscore account by bank card, PayPal or bank transfer. Unspent balances are non-refundable. Every balance remained unused after 2 years will be cancelled for accounting purposes.

In order to pay by bank transfer, the user will contact Noviscore at contact@noviscore.fr. Noviscore will send bank numbers by return, as well as details on the procedure to follow.

If the amount of the order is greater than the balance available in the user’s account, the user may pay the difference immediately by credit/debit card or alternatively go to their personal area (“My Account” section) to credit their account once more by a sum to be added to the previous balance, from which the amount of their order will be deducted.

Banks sometimes invoice costs or exchange commissions for certain transactions. We at Noviscore advise our users to verify this with their own bank. Noviscore is not responsible for these banking expenses and can not be expected to reimburse such costs.

ARTICLE 6 – PENALTY CLAUSE

If NOVISCORE has to call on the services of a debt collection company or apply to the courts in order to obtain the payment of unpaid invoices, the outstanding sums will be increased by 10% by way of a penalty, without prejudice to the application of penalty interest.

ARTICLE 7 – INTELLECTUAL PROPERTY RIGHTS

All documents, texts, works and illustrations to which, in the context of the services that are the subject of these Standard Terms and Conditions of Sale NOVISCORE provides access either directly or via the intermediary of a sub-licensed third party, are protected by copyright and by database law, in accordance with the Intellectual Property Code.

The user undertakes not to make any use of the products and services for purposes that are not strictly personal and likewise undertakes not to publish, disseminate or sell, in any way whatsoever, the content that they access.

Subscribing to any form of access to the online Service does not give rise to the transfer of any ownership rights of any kind whatsoever to the benefit of the user. The latter moreover undertakes not to infringe in any way whatsoever the reproduction rights, presentation rights and other rights held by NOVISCORE, including those protected by application of Articles L.342-1 et seq. of the Intellectual Property Code relating to databases.

Any proposed use of the protected elements that is not in accordance with the use provided for by NOVISCORE must be submitted to NOVISCORE for its discretionary authorization expressed in writing.

ARTICLE 8 – RESPONSIBILITY - LIABILITY

The user is solely responsible for their consultation, choice, use and interpretation of the services provided by NOVISCORE.

Under no circumstances may NOVISCORE be held liable for any harm or loss of any kind whatsoever such as, among other things, any loss of business, loss of data or any financial loss resulting from use of the services or inability to use the services that are the subject of this contract. In addition, no assistance procured by NOVISCORE in respect of using the services may create any additional guarantee in respect of these present Terms and Conditions of Sale.

ARTICLE 9 – LAW APPLICABLE

This contract is governed by French law.

Any dispute that may arise concerning the wording, performance or coming to an end of the contractual obligations in force between the parties for which no amicable solution can be found will be submitted to the Nîmes Commercial Court, which has jurisdiction in the place where the service provider’s registered office is located, regardless of the conditions under which the service was provided or the method of payment agreed to; the service provider nevertheless reserves the right to submit the case to the court with territorial competence in the place where the user’s registered office is located.

ARTICLE 10 – FINAL STIPULATIONS

NOVISCORE will archive purchase orders and invoices on a reliable and durable medium constituting an accurate copy in accordance with the provisions of Article 1348 of the Civil Code. NOVISCORE’s computerized records will be considered by the parties as proof of communications, orders, payments and transactions that have taken place between the parties, unless proved otherwise. The electronic signature constituted by the “double-click” procedure when placing an order and the recording of same will have the force of a manuscript signature between the parties.

Should one of the clauses or provisions of these Standard Terms and Conditions of Sale be cancelled or declared unlawful by a court judgement that has become definitive, the resulting nullity or unlawfulness will not in any way affect the other clauses or provisions, which will continue to be applicable.

The fact that at any given time NOVISCORE has refrained from enforcing any of the clauses of this agreement cannot be held to constitute renunciation of the right to subsequently enforce the clause(s) in question.

These Standard Terms and Conditions of Sale are subject to French law. Any dispute that may arise concerning the wording, performance or coming to an end of the contractual obligations in force between the parties for which no amicable solution can be found will be submitted to the Nîmes courts.

Version updated on October 3rd 2011. This edition cancels and replaces previous versions.