Owner and publisher of the websitePhoenix Elevate SAS
SAS with a capital of 8000€;
RCS Nanterre 891953267;
Intra-community VAT: FR62891953267
Head office: 31 rue Stendhal 92230 Gennevilliers - France
Contact: contact@taotp.store; +33 1 70 81 03 65
Director of Publication: Aurélien Prévot
and its subsidiaries
P-A Distri MECEE
Trade register: 609779/ICE: 003408820000019/TP: 34209337
46 BD ZERKTOUNI ETG2 APT 6 C/O STOR CONSEIL - Casablanca 20 000 Morocco
HostingGandi SAS, 63-65 boulevard Masséna, 75013 Paris - France
General Terms and Conditions of Use and Sale (GCUV)
These general terms and conditions of use and sale (hereinafter referred to as the "Terms and Conditions") govern the relationship between the Phoenix Elevate website (the "Site") and the user of the Site, customer and partner ("the Customer", "the User" or "you"). They apply to the use of the Site as well as to the Services offered therein.
Phoenix Elevate reserves the right to make changes to the Site, the Services and/or these Terms and Conditions at any time. The User is subject to the Terms and Conditions in force at the time he uses the Site and/or orders a Service.
By accessing the Site to view, purchase or use our services, you agree to comply with applicable laws and the following additional terms of use and sale:
The purpose of these Terms and Conditions is to define the terms and conditions of use of the Site and the online sale of the services offered by Phoenix Elevate and apply to any order for a Service made on the Site by professional or non-professional buyers within the meaning of the introductory article of the Consumer Code. The Site allows its Users to:
- learn more about Phoenix Elevate's activities, products and services;
-purchase services online;
- contact the Phoenix Elevate support teams.
The Terms and Conditions are made available to you on the Site where they can be consulted directly at any time. You can keep these Terms and Conditions on a durable medium by printing them. In the event of an order for a Service on the Site, the Terms and Conditions will be attached to the order confirmation email that will be sent to you.
The Services offered by Phoenix Elevate are also subject to the General Terms and Conditions of Service (GTC), the contractual provisions applicable to these services and, if applicable, the Phoenix Partner Agreement (PPA). These contractual documents are provided, if applicable, with the quotation and in any case attached to the voucher/summary of the order placed on the Site.
The services offered by Phoenix Elevate are described in detail on the Site, in the T&Cs and, if applicable, in the PPA.
The Customer is deemed to have accepted the terms and conditions, the general terms and conditions of service provision and the contractual provisions applicable to the services ordered, by means of a clickable "Confirm and pay" button when ordering the Service.
3.1 Creating an account
The creation of a User account is a prerequisite for any purchase and use of our services. It is free of charge and open to any legal person legally constituted and acting, as a professional or non-professional, through a natural person representative duly authorised by virtue of a power, delegation or mandate duly obtained from the legal person concerned, allowing him to act in the name and on behalf of the latter.
The data required to create the User account is detailed when it is collected. The User undertakes to provide truthful and reliable information on the day it is entered and in particular not to use false names or addresses, or names or addresses without being authorised to do so.
For the purposes of providing the Services, the User must inform Phoenix Elevate of any changes to this information and confirm its accuracy within fifteen days if requested by Phoenix Elevate or one of its partners. The User can access and modify his/her information at any time in his/her "my account" area.
The User chooses his/her username in accordance with the standards indicated by the Site. The User account is associated with the email address provided during the account creation process. An email address can only be associated with one User account.
The User is solely responsible for the confidentiality of his/her identifiers (login and password) allowing him/her to use his/her User account. Any use of his/her User account made through his/her personal username and password is presumed to have been made by the User.
3.2 Account Closure
The user may permanently close his/her account at any time upon request sent via the contact form to the Phoenix Elevate support department.
Phoenix Elevate reserves the right to recover payments incurred prior to account closure.
In the event of non-compliance with these Terms and Conditions, Phoenix Elevate may suspend or close an account (or limit a User's ability to use all or part of the Site and purchase Services), at any time after sending by e-mail (or by post) a formal notice that has remained ineffective for a period of five (5) calendar days from its receipt (or its first presentation if applicable).
In the event of fraud or attempted fraud, Phoenix Elevate may suspend or close an account, at any time, by operation of law and without any formality, in particular if Phoenix Elevate has reasonable grounds to believe that:
3.3 Consequences of Account Closure
Any closure of an account will result in the permanent deletion of the information communicated to Phoenix Elevate when opening or updating the account, of all documents and other elements stored on the Site in the "my account" area and, where applicable, of any document or content that you have published, downloaded or made available on the Site. It is therefore strongly recommended that the User save, on his computer or on an external hard drive, all documents, information and other elements stored on the Site in his "my account" space. Notwithstanding the foregoing, Phoenix Elevate reserves the right to retain the aforementioned documents, information, and other materials on its servers for a reasonable period of time.
In the event of closure of the account at the initiative of the User, no refund, either total or partial, of the sums already paid for the purchase of any Service then in progress will be made, without prejudice to the provisions of Article 15.
For subscriptions, payments made before the account is closed remain due under the following conditions:
- payments due for subscriptions with monthly, annual or three-year commitments are made on due date;
- Payments due for "non-binding" subscriptions are made until terminated by Customer or transferred to another Microsoft Partner (Cloud Solution Provider).
In the event of closure of the account by Phoenix Elevate for non-compliance with these Terms and Conditions under the conditions set out in Article 2, no refund, either total or partial, of the sums already paid for the purchase of any Service then in progress will be made.
Phoenix Elevate may recover payments incurred prior to the closure of the account.
4.1 Orders
The offers of Services offered on the Site are valid, in the absence of any particular indication of duration, as long as the offers are offered on the Site.
Before validating your order, you have the possibility to check the details of the price of the order and to return to the previous pages to correct the content of the order, if necessary.
To place an order for a Service, the User must confirm it by the "double-click" technique, i.e.:
In order to order, the User must create an account under the conditions specified in article 3.1 (Account Creation) above. If the User has already placed at least one order on the Site, he/she may order a Service (or pack, subscription, license) directly from his/her "My Account" space. Apart from the creation of an account, the steps for ordering a Service are in this case the same as above.
An order can always be placed following a request for a personalized quote, in particular by Phoenix Elevate Partners, via the ad hoc form. In this case, the functionalities of the Website related to the order are not used, but upon confirmation of the order, all the legal effects of the order occur, including the application of the paragraph and the following articles.
Any order constitutes your express agreement to the commencement of the performance of the Services by Phoenix Elevate. Any modification of the order will be subject to the prior written consent of Phoenix Elevate.
4.2 No right of withdrawal
Professionals and non-professionals do not have the right of withdrawal.
4.3 Archiving and Evidence
All data transmitted by the User is archived on Phoenix Elevate's secure platforms in accordance with the GDPR.
Phoenix Elevate archives communications, files, contracts, purchase orders and invoices on a reliable and durable medium in order to constitute a faithful and durable copy. Such communications, files, contracts, purchase orders, and invoices may be produced as evidence. Unless proven otherwise, the data recorded by Phoenix Elevate constitutes proof of all transactions between Phoenix Elevate and the User.
The price of the Services available on the Site is indicated in each of the accepted currencies depending on the country of sale of the Services. The price of the Service is the one in force on the day of the order.
The total amount due and its details are indicated on the confirmation page of each order.
Phoenix Elevate reserves the right to modify the price of the Services indicated on the Site under the conditions specified in Article 15 below.
In addition, Phoenix Elevate reserves the right to charge additional fees in the context of any request whose processing would constitute a manifestly excessive burden in relation to the Services usually provided (e.g. when a large number of documents or particularly large documents need to be checked by Phoenix Elevate in order to comply with the Customer's request). In this situation, Phoenix Elevate will provide a quote for the performance of the requested Service. In case of non-acceptance, any amounts paid will be refunded at no additional cost.
6.1 Payment
The price is due in full after confirmation of the order.
For Subscriptions invoiced in euros, payment will be made by SEPA (Single Euro Payment Area) direct debit. Except for payment in euros, subscriptions are paid by direct debit from the credit card used to pay for the Service initially subscribed to, at each instalment in accordance with the contractually defined terms.
The Customer can pay for his order:
6.2 Invoicing
For each order, Phoenix Elevate sends the invoice by e-mail to the Customer. The invoice is sent to the Customer by e-mail at each billing deadline.
The subscription price for a Subscription will be invoiced at the beginning of each month or year, as applicable, on the anniversary date of the applicable Subscription, and each new invoice will be sent to the customer by email.
It is advisable to print and/or archive all invoices on a reliable and durable medium as proof.
All data contained on the Site, and in particular, but not limited to, the graphic charter, texts and logos, is protected by intellectual property rights. Any reproduction, even partial, of any of the contents of our Site is strictly prohibited without the express authorization of Phoenix Elevate.
The logo and trademarks "The Alliance of the Phoenix" as well as the domain name "taotp.tech" are protected names belonging to the Phoenix Elevate, the use of which must comply with the terms of use specified in the Phoenix Partner Agreement, if any.
You agree not to redistribute or reproduce the data published on our Site or provided in the context of the use of our services other than for your strictly personal use and in accordance with these Terms and Conditions and the contractual conditions of the services concerned.
Phoenix Elevate uses cookies that are strictly necessary for the operation of the Site, technical cookies in order to optimize the use of the Site and Services, and statistical cookies.
With the exception of cookies that are necessary for the operation of the site, users can control which ones they wish to activate. They can change their preferences at any time by clicking "Customize" in the Site's cookie banner.
In the context of consultation or use of the Site, the personal data communicated is collected by the company Phoenix Elevate, which is the data controller within the meaning of the European regulation on the protection of personal data (GDPR).
Personal data is used for the purposes of the proper functioning of the services, for the management of the relationship with the Users of the Site and to allow us to better interact with the Users, as detailed in the Personal Data Protection Policy, under the heading "Cookies".
To provide its services, Phoenix Elevate must collect and store in an internal database the personal data communicated by Customers, with the exception of data relating to the payment of services made by credit card on the secure sites of partner banking institutions.
Phoenix Elevate only collects and stores personal data for the purposes of providing its services. This data is specified at the time of collection and is processed in accordance with the contractual conditions of the various departments under which it is collected and processed, as well as in compliance with the European regulations on the protection of personal data (GDPR).
Customers' personal data may also be used to carry out operations relating to commercial prospecting. Your data may therefore be used, in compliance with any required authorisations that you may have granted us:
- to send you promotional messages or advertisements, personalised or not, electronically,
- To analyse your use of the Services, in particular by using your online browsing and your reactions to e-mails, in order to get to know you better, to assess whether the messages we send you are of interest to you and to provide you with offers, content and services adapted to your profile. These analyses will be carried out in compliance with any authorisations you may have granted us, in particular in the case of the use of cookies or other trackers.
For commercial prospecting operations related to profiling and which are based on the consent of the data subject, the data subject may withdraw his or her consent at any time, it being understood that this will not call into question the lawfulness of the processing carried out before this revocation.
In accordance with the European regulation on the protection of personal data (GDPR), you have rights of access, rectification, deletion, opposition, limitation and portability relating to your personal data, which you can exercise at any time by contacting rgpd@taotp.techupon presentation of proof of identity.
When creating your account, you have the option to opt out of receiving our promotional offers and newsletters by ticking the box provided for this purpose at the time of creating your account. You are free to change your choice, at any time, by accessing these preferences in "My Account" or by sending an email to our customer service at the following address: support@taotp.tech
10.2 Prospecting partners
In accordance with applicable legislation, any transmission of your personal data (telephone number and email address) to partners is systematically subject to obtaining your prior consent.
Phoenix Elevate makes every effort to provide satisfaction to its Users. When necessary, a complaint relating to the Services may be sent by email to the following address: support@taotp.tech. We undertake to respond to any complaint within a maximum of 5 working days from receipt of the relevant information or documents.
[The collection, moderation and restitution of customer reviews processed on the Site is carried out, even if the customer is a professional or non-professional, according to criteria identical to those of consumer reviews, and this by xx [Verified Reviews?] in accordance with the NF Z74-501 standard and the NF522 certification rules. This certification by AFNOR Certification demonstrates that [Verified Reviews] is committed to reassuring Internet users about the authenticity of online reviews. It should be noted that:
- No quid pro quo was provided in exchange for the reviews
-Notices are published and kept for a period of five years
- Reviews are not editable: if a customer wants to change their review, they must contact [Verified Reviews] to delete the existing review, and publish a new one.
In addition, reviews about Phoenix Elevate or the Services may be posted on other review listing platforms (e.g., Google). Phoenix Elevate has no control over these reviews and cannot guarantee their authenticity.
Phoenix Elevate makes every effort to ensure access to the Site and the availability of features and Services. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Sites or Services may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new feature or service.
In any case:
Phoenix Elevate shall not be liable for (i) damages that have not been directly caused by a breach of these Terms and Conditions, and (ii) indirect damages and loss of profit, loss of opportunity, loss of profit, loss of turnover, loss of business, loss of opportunity, loss of contracts, loss of savings, loss of data, loss of goodwill, loss of reputation or loss of business, suffered by the Customer;
Phoenix Elevate shall not be held liable in the event of any impediment or delay in the performance of its obligations, under these Terms and Conditions, caused by any act or failure of the User (or any person acting in his name and on his behalf), of a third party or resulting from an event of force majeure as defined below
In any case, Phoenix Elevate's liability is limited to the sums paid by the Client and collected by Phoenix Elevate for the Service that was the cause of the Client's damage.
In the event of the occurrence of a force majeure event, as defined in Article 1218 of the French Civil Code and by the case law of the French courts, which prevents Phoenix Elevate from fulfilling its contractual obligations in respect of the performance of a given Service, Phoenix Elevate's obligations will be suspended and Phoenix Elevate will not be held liable in this regard. Phoenix Elevate will inform the Customer of the occurrence of this event as soon as possible.
If the duration of the force majeure event is longer than thirty (30) consecutive days, and/or if this event, as soon as it occurs, definitively prevents Phoenix Elevate from fulfilling its contractual obligations with respect to the performance of the Service concerned, Phoenix Elevate and the Customer shall each be entitled to terminate the Service concerned by written notice sent to the other party by registered letter with acknowledgement of receipt. Termination will take effect upon receipt of the registered letter without incurring any liability on the part of Phoenix Elevate in any respect whatsoever.
The terms and conditions of use of the Services are described in the General Terms and Conditions of Service (GTC), the Phoenix Partner Agreement (PPA) and the service-specific contractual terms; they are binding on the users of the Site. The user of the Site undertakes, in addition, not to, directly or indirectly:
- use any element or content in the context of the Services that would infringe the intellectual property rights, the right to respect for privacy and data protection/or the right to one's image and/or any other rights of others;
-create, use, share and/or publish by any means within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content that is, in the opinion of Phoenix Elevate, aggressive, threatening, malicious, defamatory, deceptive, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, inciting hatred, sexually explicit, violent, contrary to public decency or in any other questionable way;
- create, use, share and/or publish by any means within the framework of the Services, any material (text, words, images, sounds, videos, etc.) that would constitute a breach of an obligation of confidentiality or that would incite the commission of an illegal activity (in particular, piracy, cracking or distribution of counterfeit software);
-carry out activities aimed at accessing elements or functionalities of the Site and/or Services the use of which has not been authorized by Phoenix Elevate;
- arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, products or any other element or part of the Content, the Site and/or the Services, by any means without the express prior authorization of Phoenix Elevate;
-modify, distort, block, unduly burden, disrupt, slow down, and/or impede the normal operation of all or part of the Site and/or Services, or their accessibility to other users, or the operation of the Services' partner networks, or attempt to do any of the foregoing;
-transmit or propagate any viruses, Trojan horses, worms, bombs, altered files and/or similar destruction devices or corrupted data in connection with the use of the Site and/or Services, and/or organize, participate in or be involved in any way whatsoever in an attack against Phoenix Elevate's servers and/or the Services and/or the servers and/or services of its service providers and partners;
- use the Account of another user of the Site, impersonate another person or attribute to you a false capacity in dealings with any natural or legal person in connection with the Services or by using the Services and/or the Site;
-attempt to obtain a password, account information or other private information from any other user of the Site, and/or sell, rent, share, lend and/or otherwise transfer to any third party your account and/or the means of accessing it and/or in any other way to benefit any third party from your account;
-access, use, download from the Services or otherwise reproduce or provide to anyone else (whether free of charge or for a fee) any list of users of the Site or any other information relating to users or use of the Services.
In the event of obvious abuse in connection with the Services, Phoenix Elevate reserves the right to block an account, or an IP address. The IP address may be used to identify you for the purpose of enforcing compliance with the Terms and Conditions.
Phoenix Elevate reserves the right to change the price of the Services indicated on the Site at any time, it being understood that the new price is only applied to orders placed on or after the entry into force of the new price. New orders cover the renewal of a contract after its commitment period.
During the commitment period, the price of subscriptions is not changed.
The up-to-date prices of the subscriptions are available and can be consulted at any time by the Client in the "Catalog" section of the website. The customer may at any time decide not to renew an expiring Subscription by turning off its automatic renewal (whether or not the price of the subscription has changed).
Third Party Content
Phoenix Elevate makes available to Users, on the Site, content published by third parties, in particular Microsoft.
Phoenix Elevate acts only as an intermediary for the distribution of Third Party Content on the Site and can in no way (i) be considered as the publisher of such Third Party Content, (ii) be held responsible for Third Party Content. Users of the Site are only granted a personal, non-exclusive and non-transferable license to access and consult Third Party Content. This right of access and consultation is strictly interpreted. Any use that is not expressly authorized is therefore prohibited. The rights granted to users of the Site over Third-Party Content are: (i) the right to access and consult Third-Party Content, (ii) the right to make copies of Third-Party Content for the strictly personal use of the User of the Site and, (iii) the right to download and print Third-Party Content, for strictly personal use, excluding any commercial, educational or informational use, in whole or in part.
The nullity of one of the clauses of the Terms and Conditions, under the terms of a legal or regulatory provision or a court decision that has become final, does not entail the nullity of the Terms and Conditions; The other clauses will continue to have effect.
The fact that Phoenix Elevate does not avail itself temporarily or permanently of one or more clauses of these Terms and Conditions shall in no way entail a waiver of the right to avail itself of the rest of the said Terms and Conditions.
These Terms and Conditions are drafted, as well as all the contractual information mentioned, in French. An English translation may be provided for information purposes only, but the French version of the contractual information remains the only authoritative version.
These Terms and Conditions are subject to French law.
In the event of any dispute, contention or action relating to or arising from the interpretation, execution or termination of these Terms and Conditions and/or the conclusion, performance or termination of a Service, the parties shall endeavour to settle their dispute amicably.
If no amicable solution is found, the parties agree that the dispute will be brought exclusively before the courts of Paris.
