Terms of use and sale

 

Terms of use

Last update : May 21st, 2021

1. Legal information

Welcome to the General Terms and Conditions of Use (hereinafter the “GTCU”) of the website www.irecindex.com (hereinafter the “Site”), property of EOLTECH SARL (limited company with a capital of 17,050 euros), registered in the Toulouse Trade and Companies Register under number 444 164 651, APE 711 2B, whose registered office is located at 8 rue du Colonel Driant, 31400 Toulouse, France - tel: + 33 5 61 15 44 13 (hereinafter the “Company”).

You are hereafter referred to as the “User” or “Users”.

The User can access directly:

The Managing Editor is Mr Habib LESENEY.

The service provider ensuring the hosting of this site is OVH, 140 quai du Sartel, 59 100 Roubaix, France.

2. Scope and enforceability of the GTCU

The Site offers free access (hereinafter the “Free Services”) to energy indexes (Cumul IREC). The Site also offers paid access to energy indexes (hereinafter the “Paid Services”).

Access to and use of the Site and access to the Free Services are subject to these GTCU.

The purpose of these GTCU is to define the rights and obligations of all Users in the context of their access to and use of the Site, as well as in the context of the provision of the Free Services by the Company.

The Company therefore invites all Users of the Site and/or the Free Services to read the GTCU carefully before accessing and/or using the Site.

It is specified that these GTCU are not intended to regulate the rights and obligations of Users when accessing the Paid Services, which are governed and framed by the GTCS.

Users acknowledge that they have read these GTCU prior to accessing and/or using the Company's Site.

Continuing to browse the Site implies unreserved acceptance of the GTCU.

The online version of the GTCU at the time of access to the site by Users is the only one that can be enforced during the entire period of use of the site, until a new version replaces it.

3. Modification of the GTCU

The Company reserves the right to modify these GTCU at any time, the said modifications coming into force as soon as they are put online.

Users are informed of these modifications by all appropriate means.

In order to be able to continue to access and use the Site, and where applicable to benefit from the Free Services, after the updated GTCU have been put online, Users will be invited, the next time they connect to the Site, to take note of the new version of the GTCU and to accept them without reservation.

4. Conditions of access to the Site

Access to the Site is free of charge, and viewing it does not require any prior registration or creation of an account or profile by Users.

Provided that Users have the material and technical means to access the Site (equipment, connections), the Site is therefore open to any User with an Internet connection, subject to compliance with these GTCU.

5. Conditions of use of the Site

The Company grants Users a simple right of access to and viewing of the information accessible on the Site during the period of use of the Site, and in particular when accessing the Free Services.

Users shall:

6. Availability of the Site

The Company makes every effort to make its Site available 7 days a week and 24 hours a day, excluding maintenance operations of the Site, which are necessary for its operation.

The Company shall not be held responsible for any difficulties or impossibility of access to the Site, in particular in the event of force majeure or technical problems due to circumstances and/or technical intermediaries outside the Company.

In order to ensure the best management of the Site, the Company may, at its sole discretion, and at any time:

7. Company responsibility

Access to and consultation of the Site and the provision of Free Services by the Company are free of charge for Users.

The Free Services are provided free of charge and exclusively for information purposes.

The Company reminds you that it makes no commitment to Users in relation to access to the Site and/or the provision of the Free Services, in particular with regard to:

The Company reserves the right, at any time, to stop providing the Free Services on the Site and/or to stop updating these Free Services.

The Company makes every effort to provide Users, when providing the Free Services, with data that is believed to be reliable. However, the Company cannot be held liable for errors, lack of availability of information and/or the presence of viruses on the Site.

The Company does not guarantee that the information published on the Site, or on sites that may be linked to it via hypertext links, is complete, accurate and up-to-date at all times.

The Company shall not be held liable for any damage caused to Users, to third parties and/or to their equipment as a result of their access to or use of the Site. Users therefore waive any action against the Company in this respect.

8. User responsibility

Users are solely responsible for the use they make of the data from this Site, whether it is provided as part of the Free Services or is freely available on the Site.

The Company shall not be held liable for any consequences arising from Users’ interpretation of the data provided by the Company.

Users must take all appropriate measures to protect their equipment and data when using the Site, and in particular to prevent any computer virus attack.

Users shall not damage the Company's brand image or reputation.

9. Hypertext links

The Site contains hypertext links to other websites or other sources of information managed by third parties.

The hypertext links set up on this Site leading to other websites have been subject to prior, express and written authorisation.

The Company cannot exercise any control over these external sources, the direct or indirect links contained on these sites, and referring to other websites.

Consequently, the Company declines all liability for the availability and content of these external sites and sources, and in particular any advertising, products, services or any other material available on or from these external sites or sources.

Users are prohibited from setting up any hypertext links to all or part of the Site, unless expressly authorised by the Company.

10. Intellectual property

IREC Index® is a registered trademark at the INPI, and of which the Company is the owner.

With the exception of the content provided by third parties, property of the professionals who distribute them, the Company is the holder or the licensee of the intellectual property rights relating to all content constituting the Site.

The general structure and content of the Site, including in particular the source code, texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the website are the exclusive property of the Company.

Any use (representation, reproduction or modification), in whole or in part, of the Site and/or its contents, by any means whatsoever, and on any medium whatsoever, without the express authorisation of the Company, is prohibited and constitutes an act of infringement.

Site Users may not set up hyperlinks to the Site, whether on their own website, on their commercial documentation, or on any other communication or information medium, without the express prior authorisation of the Company.

The fact that the Company does not initiate proceedings as soon as it becomes aware of an unauthorised use by a User does not mean that it accepts the said use and waives its right to prosecution.

11. Personal data

No data is collected when using the free services, with the exception of data collected by cookies.

12. Cookies

The Site uses cookies.

When users visit the Site, cookies may be placed on their terminal (computer, mobile, tablet).

For all information concerning cookies, we refer you to the Cookies Policy accessible at the following link.

13. Applicable law and jurisdiction

These GTCU are executed and interpreted in accordance with French law.

In the event of a dispute, the Company and Users agree to try to find an amicable solution.

It should be borne in mind that Users of the Site are professionals. In this respect, and in the absence of an amicable solution to the conflict, any dispute will be submitted to the exclusive jurisdiction of the Commercial Court of Toulouse.

14. Contact

For any question concerning access to the Site or its use, Users may contact the Company at any time at the following address:

EOLTECH SARL
Telephone:
E-mail address:
Postal address: 8 rue du Colonel Driant, 31400 Toulouse, France

 


Terms of sale

Last update : May 21st, 2021

1. PREAMBLE

EOLTECH is an independent consultancy firm, whose activity is essentially focused on wind resource assessment. As such, EOLTECH has decided to develop an online platform, with the aim of offering IREC Index energy indicators to professionals.

2. DEFINITIONS

GTCS: These General Terms and Conditions of Sale.

GTCU: The General Terms and Conditions of Use available at: https://www.irecindex.com/general_terms.php.

Company: Company means the company EOLTECH, a limited liability company with a capital of €17,050, registered in the Toulouse Trade and Companies Register under number 444 164 651 and whose registered office is located at 8 rue du Colonel Driant, 31400 Toulouse, France.

Platform: Platform means the website http://www.irecindex.com operated by the Company in order to offer the Services as defined below.

Service or Services: All the paid services offered by the Company. The Services include the Offers with subscription and the Offers without subscription, as defined in Article 4 hereof.

Order: An Order is any action taken by a Client in order to benefit from the Service.

Client or Clients: Clients are the professional users of the Platform who place a Service Order. Clients may be natural persons or legal entities, but their subscription to the Services is necessarily carried out in the context of their professional activity (commercial, industrial, craft or liberal).

Data: The data correspond to ERA5 weather reanalysis data provided on an open access basis by ECMWF (European Centre for Medium Range Weather Forecasts). These data comprise a set of meteorological variables available worldwide, in hourly time steps and with a resolution of 0.25° x 0.25°, i.e., about 30 km.

Values: The Values correspond to energy index values, for a defined Period, in a Location and over a Reference Period. Energy Index means an energy indicator translating the level of exploitable wind resource of a period (a month, a year, a cumulative period, etc.) in relation to another so-called reference period (long-term period) in a given location. They are derived from a calculation process that takes into account the Data.

Location: Geographic location corresponding to either a Predefined Region or a Customized location.

Predefined Region: Geographical region defined in advance by the Company, grouping together several locations subject to the same wind regime.

Customized Location: Geographical point determined by the Client.

Period: Period covered by the Values.

Reference Period: Period used by the Company to calculate the Values from the Data. This period is fixed by the Company for all Values in the Predefined Regions but can be chosen by the Client for all Values in a Customized Location.

Current Calendar Year: For the purposes hereof, the Current Calendar Year means the period from the first (1st) of January to the thirty-first (31st) of December of the year in which the Order is made.

3. SCOPE

These GTCS exclusively govern the provision of the Services offered by the Company, on the Platform available at the following address http://www.irecindex.com

The provision of Values by the Company free of charge is subject to the GTCU (https://www.irecindex.com/general_terms.php).

The Client acknowledges that certain Services may require additional special conditions, supplementing these GTCS.

The Company offers, through the Platform, a set of Services allowing access to wind energy indexes (Values) over different Periods around the world (Location).

Clients accept and acknowledge that the Services offered by the Company via the Platform are intended for professional use only. Thus, Clients acknowledge that they are professionals and that they are using the Services in particular for the purpose of operating a professional activity.

In the event of a breach of the terms hereof, the Company reserves the right to take any measure likely to protect its interests, and in particular to allow Clients’ commitments to be fulfilled.

4. SERVICES OFFERED

The Company offers Clients, on its Platform, the following Services, which are available in two packages:

5. PRICES

The prices of the Services provided correspond to the prices displayed on the Platform at the time of the Order. Prices are denominated in Euros, and calculated exclusive of applicable taxes.

The prices of the Services for all Values in a Predefined Region are available on the Platform via the link: https://www.irecindex.com/price_list.php.

The prices of Values in a Customized Location are offered on the basis of a quotation.

Due to the professional nature of the Client's professional capacity, the Client will be required to pay for the Order in the following manner:

For any Order, whether it relates to an Offer with a subscription or an Offer without a subscription, the Client shall make a single payment at the time of the said Order, regardless of the Period concerned. For Offers with a subscription, the Client acknowledges that the payment made is for the entirety of the Current Calendar Year.

The Client acknowledges that the Company is free to change its prices and pricing conditions at any time. However, no price change shall have a retroactive effect on an Order already placed by the Client. The Company shall invoice all Services at the price indicated at the time the Client places the Order.

6. ORDER

All Orders are placed either via the Platform or by e-mail, sent to the following address:

Unless the Company and the Client decide by mutual agreement to make an Order subject to special terms and conditions, all Orders shall be subject to these GTCS, regardless of whether they are placed directly on the Platform or by e-mail.

The Company reserves the right to refuse an Order. This refusal may occur for any reason whatsoever, and in particular in the event of a shortage of Data, making it difficult or impossible to supply the Values to the Client.

In the event of an Order being refused, the Company will inform the Client as soon as possible. This information will be sent:

7. ORDER VALIDATION

The Client shall receive an e-mail notifying them that their Order has been taken into account and, if this has not already been done, inviting them to proceed with payment.

The Service contract shall then be concluded between the Company and the Client upon receipt of full payment for the Service(s) and validation of the Order by e-mail.

Once the Company has received payment and validated the Order, the Company shall send the Client the invoice for the Order within fifteen (15) days. This invoice shall be sent to the contact e-mail address provided by the Client when placing the Order.

All Orders placed on the Platform or confirmed by e-mail exchange with the Company and validated by the Company shall be paid for by the Client.

If the Company does not validate the Client's Order, and if the Company has nevertheless received payment from the Client, the latter shall be entitled to a refund.

Any refund shall be made by the Company within one month of the event giving rise to the refund, and using the same means of payment as that used for payment (unless the Client expressly agrees to a refund by another means of payment).

8. METHODS OF PAYMENT

The Platform offers the following three payment methods:

If Clients choose to pay by bank transfer, they must make the transfer using the details of the Company's bank. These bank details are included in the Order summary e-mail sent to the Client.

The Client shall have a period of ten (10) days from the date of receipt of the Order summary e-mail to make the bank transfer. If the Company has not received payment from the Client by the end of this period, the Order shall be cancelled.

9. DELIVERY OF SERVICES

No delivery of Values or performance of Services will be made by the Company unless the Order is validated and the Client has paid the full price (funds received in the Company's account).


Offer without subscription

The Values are made available to the Client in an e-mail sent to the contact address provided by the Client.

The Company shall notify the Client of the Values subscribed to, within fifteen (15) days of receiving full payment for the Order.


Offer with subscription

The Values are made available to the Client in an e-mail sent to the contact address provided by the Client.

When the order is placed, the Values for the Period from the beginning of the Current Calendar Year to the month prior to the subscription date will be delivered within fifteen (15) days of the Order being validated, in accordance with the terms and conditions described in Article 7.

The Values for the following month will then be made available to the Client no later than the fifteenth (15th) of each month, until the last month of the Current Calendar Year is available (i.e. before 15 January of the year following the Current Calendar Year).

10. TERMS AND CONDITIONS OF THE OFFER WITH SUBSCRIPTION

10.1. DURATION OF THE OFFER WITH SUBSCRIPTION

The Offer with subscription covers the Current Calendar Year in progress at the time of the Order. The Client receives the Values each month until the end of the Current Calendar Year, in accordance with the conditions set out in Article 7 hereof.

Unless terminated by the Client or the Company before December 31st of the Current Calendar Year, the subscription is tacitly renewed for the following calendar year. Renewal takes place under the pricing conditions in force on the day of renewal and available on the Platform. In the event of price changes on the Platform, the Client will be notified before the new invoice is sent. In the event of tacit renewal, the sending of the Values for the following period is subject to payment within fifteen (15) days of receipt of the renewal invoice. If payment is not received within this period, the dispatch of Values will be suspended by the Company.


10.2. CHANGE OF THE OFFER WITH SUBSCRIPTION

A current subscription offer cannot be changed.

11. RESPONSIBILITIES AND WARRANTIES

The Company cannot under any circumstances guarantee the Client that the Services offered will not be interrupted. The Company cannot be held liable in the event that the conditions of access to the Platform cannot be met, and in particular in the event of force majeure as defined in Article 12 hereof. The Company will nevertheless take all necessary measures, as soon as it is aware of the occurrence of the incident, to remedy as quickly as possible any failure that may be attributable to it, as well as to reasonably prevent the occurrence of such malfunctions.

In addition, the Company reserves the right to interrupt access to its Platform on an exceptional basis for maintenance and/or improvement work.

The Company offers no guarantee as to the quality, accuracy, reliability, precision, absence of errors or constant availability of the Data.

The Company reminds the Client that the Values are derived from a calculation process taking into account Data freely available on the Internet. The Company is therefore dependent on the supply of Data by third parties.

As such, the Company does not undertake to give, as part of the Services it provides to the Client, any advice as to the use that should be made of these Values. The Services provided by the Company consist, restrictively, in providing Values over Periods and according to one or more Location(s).

The Company reminds the Client, who accepts it, that it makes every effort to enable the supply of Values to the Client, but that it is necessarily dependent on the providers of meteorological data (Data) as to their availability. Therefore, the Company does not guarantee the availability of the Values.

Finally, the Company's contractual liability in respect of an Order shall be limited to a period of two (2) years from the last communication of Values under the relevant Order. Such liability shall necessarily be limited to, and shall not exceed, the amount of such Order.

The Customer acknowledges that it may only use the Values for its own business purposes. In this respect, the Client acknowledges and agrees that it may not disclose to a third party the Values received from the Company under the Services without the Company's express consent.

Furthermore, the Client is aware that the Values provided to it under the Services by the Company are the exclusive property of the Company. Therefore, the Client acknowledges that it may not under any circumstances sell or exchange, for its own account or for the account of a third party, the Values provided to it by the Company. Any breach of this obligation shall render the Client contractually liable before the appropriate courts and shall oblige it to pay compensation for any loss suffered as a result.

The Client declares that it accepts the characteristics and limits inherent in the science of meteorology, and in particular, the Client acknowledges:

Finally, the Client shall refrain, in all circumstances, from damaging the Company's brand image and reputation.

12. FORCE MAJEURE

The Company shall not be liable for any delays or failures in the performance of the Services resulting from acts, situations or events beyond its control and not due to a breach by the Company, which cannot reasonably be avoided or overcome, and which make it impossible for the Company to temporarily or permanently fulfil its obligations under these GTCS.

Such events include, but are not limited to, disruption of the supply of Data, malfunction or disruption of telecommunications facilities necessary for the output of energy indexes, natural disasters (storms, floods, weather damage, etc.), fire, full or partial labour strikes, epidemics, transportation blockages, computer failures, unavailability of systems, government or third-party order, or any other event beyond the reasonable control of the Company.

If the Company is affected by an event of Force Majeure, the Client will be notified as soon as possible by electronic means. If the Force Majeure event leads to the Service being interrupted (and in particular to the Company being unable to provide the Client with the Offer with subscription) for a period of more than 3 consecutive months, either party will be entitled to terminate the provision of the Service by notification by e-mail.

For Offers with subscription, a pro rata refund of the undelivered monthly data of the Current Calendar Year will be made by the Company to the Client.

13. COMMUNICATIONS

By accepting these GTCS, the Client expressly authorises the Company:

14. PERSONAL DATA

The Company respects the privacy of its Clients, and strictly complies with the laws and regulations in force on the protection of privacy.

The Company reminds Clients that it does not collect, when subscribing to the services, any information other than that necessary for the execution of the services (and in particular, for the communication of the Values to the Client), for the invoicing of the Client, and for the respect of its legal and declaratory obligations.


14.1. PERSONAL DATA PROCESSED

In the context of the performance of the Services and their aftermath, the Company may have access to, collect and process the personal data of the Client's legal representatives and members of staff, namely:

The company shall not collect or process any other personal data and shall delete without delay any personal data not included in the above-mentioned list.


14.2. COMMITMENTS OF THE CLIENT CONCERNING DATA SUBJECTS

The Client shall inform the persons whose personal data it communicates to the Company in the context of its contractual relationship with the Company of the fact that their data may be processed by the Company and, more generally, of the content of this Article,

The Client expressly authorises the Company to collect and process the personal data listed above; declares that it has informed its legal representatives and employees who are natural persons concerned by this processing and guarantees that the latter have given their consent to this collection and processing and shall not communicate to the Company any data other than those listed above.


14.3. DATA CONTROLLER

For all intents and purposes, it is specified that the data controller within the meaning of the applicable legislation is the Company.


14.4. LEGAL BASIS OF THE PROCESSING OPERATIONS

The legal basis for such processing is the Company's legitimate interest in:

The Company expressly refrains, as a matter of principle, from using the personal data transmitted to it or of which it is aware during the performance of the Services for purposes other than those mentioned above.


14.5. COMMITMENTS OF THE COMPANY

The Company shall:

14.6. DATA RETENTION

Personal data will be kept by the Company for a period of five (5) years from the date of termination of the Services.

14.7. DATA TRANSFER/COMMUNICATION

In order to ensure the efficient processing and security of the personal data it processes, the Company may communicate them to subcontractors, in particular for IT management or for monitoring its accounts.

In particular circumstances, the Company may communicate such data to other third parties, in particular as a result of the law and/or a request from the public authorities, in order to protect the Company's rights or in the event of the restructuring or transfer of the Company's business or a branch of activity involving the subject of the contract.

The Client is informed that personal data will not be transferred outside the European Union.


14.8. DATA STORAGE

The Company will store the personal data communicated to it by the Client on servers located in the European Union for as long as is necessary to fulfil its obligations and safeguard its rights and interests, taking into account, in particular, the applicable civil, tax and criminal limitation periods, the recommendations of the CNIL (French supervisory authority), the applicable regulatory requirements and industry standards.


14.9. INDIVIDUAL RIGHTS

Pursuant to the regulatory and legal provisions in force, individuals whose personal data are processed by the Company in the context of the contract have the right to request the Company to access, rectify and/or delete their personal data, to request a limitation of the processing of their personal data, to object to the processing of their personal data by the Company and the right to the portability of their personal data.

To exercise one or more of these rights, a request must be sent to the Company at the following e-mail address:

The Company also informs the Client that the persons concerned have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) directly on the CNIL website.

15. CONTACT

For any information, questions or advice, the Company's Customer Service Department can be contacted:

16. SETTLEMENT OF DISPUTES

These GTCS are subject to French law.

For any claim under these terms and conditions, Clients may send a letter to:

Both the Company and the Client declare that they wish to try to settle any dispute, as far as possible, by amicable means.

In the event of failure of the prior attempt at amicable settlement of disputes, any dispute arising from the execution of the present contract shall be subject to the jurisdiction of the Commercial Court of the city of Toulouse, located in Haute-Garonne, France.