Terms of Sale

These Terms of Sale, hereinafter the "Terms", are intended to define the conditions under which A2Display SAS markets its software solutions, hardware, licenses, subscriptions, service offerings, installation services, training, maintenance, cloud hosting and related services.

A2Display notably offers digital signage and interactive display solutions intended for local authorities, businesses, public institutions, associations, retail businesses, residences, establishments open to the public and, more generally, any professional client or organization wishing to broadcast content on screens, kiosks, consoles, LED panels or digital devices.

Any order placed with A2Display implies the Client's full and complete acceptance of these Terms.

These Terms are established by:

A2Display's full contact details appear in the Legal Notice of the site.

For the purposes of these Terms, the terms below have the following meaning:

• A2Display :refers to the company A2Display SAS.
• Client :refers to any legal entity, local authority, public institution, association, business, organization or professional placing an order with A2Display.
• Software :refers to the A2Display software solution, its modules, interfaces, applications, cloud services, updates, developments and related documentation.
• License :refers to the personal, non-exclusive, non-assignable and non-transferable right of use granted to the Client to use the Software under the conditions set out in the quote, purchase order or applicable contract.
• Hardware :refers to the equipment supplied by A2Display, notably screens, players, kiosks, consoles, LED panels, mounts, accessories, IT or audiovisual equipment.
• Services :refers to all services performed by A2Display, notably installation, configuration, training, assistance, maintenance, hosting, support, consulting, custom development or any additional service.
• Order :refers to any signed quote, accepted purchase order, written validation or contractual agreement between A2Display and the Client.
• Project :refers to the combination of hardware, licenses, services, deliverables ordered by the Client from A2Display.
• Fault :refers to a non-blocking malfunction affecting the normal operation of the Software, reported by the Client and reproducible by A2Display.
• Blocking fault :refers to a malfunction making it impossible to use one or more essential functions of the system.

These Terms apply to any order placed directly with A2Display, whether the order is made via a signed quote, purchase order, written exchange, email or any other means accepted by A2Display.

They take precedence over any other document issued by the Client, notably its own general purchasing conditions, unless expressly agreed and signed in writing by A2Display.

Any specific condition agreed between the parties must be formalized in writing. In the event of contradiction between these Terms and specific conditions accepted by A2Display, the specific conditions will prevail only on the points expressly concerned.

Any order must be the subject of a quote, commercial proposal or purchase order accepted by the Client.

The order becomes firm and final upon signature of the quote, written acceptance of the commercial proposal, issuance of a purchase order or any other written agreement from the Client.

A2Display is not required to accept a verbal or telephone order. Any order must be confirmed in writing.

A2Display reserves the right to refuse or suspend any order in the event of non-payment, ongoing dispute, incomplete information, technical impossibility or unavailability of the requested products or services.

Applicable prices are those set out in the quote, commercial proposal, purchase order or offer accepted by the Client.

Unless otherwise stated, prices are expressed in euros excluding tax. Applicable taxes are added according to regulations in force on the invoicing date.

Prices may include, as applicable, software licenses, subscriptions, hardware, services, installation, training, maintenance, hosting or specific services. Only items expressly mentioned in the quote or purchase order are included in the price.

Any service, travel, hardware, license, development, configuration or service not provided for in the quote may be subject to additional billing.

Unless otherwise expressly agreed by A2Display, payment is due immediately upon ordering.

The order will only be considered validated upon receipt of full payment or, where applicable, according to the specific terms expressly set out in the quote or purchase order.

Payment may be made by bank transfer, check, credit card or any other means accepted by A2Display.

No discount will be granted for early payment.

In the event of non-payment, A2Display may suspend the order, delivery, access to services, installation, maintenance, assistance or any other ongoing service, without the Client being entitled to any compensation.

Any sum not paid on its due date will automatically, without prior formal notice, incur late payment penalties calculated at the statutory interest rate in force plus ten points.

In addition, for any professional Client, a flat-rate compensation for collection costs of forty euros (€40) will be due in accordance with Article L.441-10 of the French Commercial Code, without prejudice to A2Display's right to claim additional compensation if the actual costs incurred are higher.

Non-payment of an installment may result in the immediate payability of all sums remaining due, even those not yet due, as well as the suspension or termination of the services concerned.

Deposits, costs incurred, services performed, licenses activated or hardware ordered will remain the property of A2Display.

A2Display remains the owner of the Hardware sold until full payment of the price provided for, principal and ancillary. As such, if the Client is subject to receivership or judicial liquidation, A2Display reserves the right to reclaim, within the framework of the collective proceedings, goods sold and remaining unpaid.

However, the Client will bear all risks of loss, damage, destruction, liability or damage of any kind to the goods delivered, which it must insure from their delivery date until full payment, at replacement value as new, on the day of the loss. Insurance policies must state that the policyholder acts both on its own behalf and on behalf of the owner and ensure payment of any compensation into its hands.

Signing a quote, accepting a commercial proposal, issuing a purchase order or any written agreement from the Client commits the Client to paying the full amount provided for in the order.

Under no circumstances may the Client unilaterally reduce the agreed price, apply a deduction, defer payment, offset sums or refuse to pay all or part of the order without A2Display's prior written agreement.

Any dispute relating to an invoice, delivery, service, license, hardware or service must be raised in writing, precisely and with justification, within five (5) business days of receipt of the invoice, delivery, provision or performance of the service concerned.

In the absence of written dispute within this period, the invoice, delivery, license, hardware or service will be deemed accepted without reservation by the Client.

In the event of a partial dispute, the Client remains obligated to immediately pay the uncontested portion of the invoice or order.

No dispute may justify non-payment of hardware delivered, licenses activated, services provided, services performed, costs incurred or specific orders placed by A2Display on behalf of the Client.

In the event of partial payment, refusal of payment, unjustified deduction or abusive dispute, A2Display may suspend, without compensation to the Client, all or part of deliveries, installations, licenses, cloud access, services, maintenance or assistance in progress, until full payment of the sums due.

Sums remaining due will bear late interest under the conditions set out in these Terms, without prejudice to the flat-rate compensation for collection costs and any additional compensation in the event of higher collection costs.

A2Display also reserves the right to terminate the order or contract at the Client's fault, to retain sums already paid and to claim payment of sums remaining due, as well as compensation for the damage suffered.

Hardware is delivered to the address indicated by the Client in the quote, purchase order or any contractual document.

The Client agrees to provide an accurate delivery address, accessible and compatible with the nature of the hardware ordered.

Unless otherwise stated, delivery of hardware does not include its installation, mounting, electrical connection, network configuration or commissioning.

The Client must check the condition of the hardware upon receipt. Any reservation must be made with the carrier and brought to A2Display's attention in writing within forty-eight hours following delivery.

In the absence of a reservation made within this period, the hardware will be deemed to comply with the order.

When the order includes an installation service, the Client agrees to allow A2Display or its providers access to the premises, equipment, networks, mounts, power supplies, Internet connections and information necessary for the proper performance of the service.

The Client is responsible for preparing the installation site, notably regarding power supply, Internet connectivity, administrative authorizations, security, physical access, availability of premises and compliance of mounts.

When installation cannot be carried out within one month of the scheduled date or the hardware availability date for a cause not attributable to A2Display, notably due to a postponement requested by the Client, unavailability, lack of site access, lack of preparation, lack of information, delay in works or a technical obstacle attributable to the Client, A2Display may deliver or have the hardware delivered to the Client's address.

In this case, A2Display will be entitled to invoice the order on a pro-rata basis for items delivered, provided or performed, with a minimum corresponding to the price of the hardware delivered and the software license ordered.

Remaining services, notably installation, configuration or training, may be rescheduled later by mutual agreement between the parties. Additional costs related to postponement, storage, travel or a new intervention may be invoiced to the Client.

Services performed by A2Display are deemed accepted upon their execution, provision, delivery or commissioning, unless a written and justified reservation from the Client is submitted within five (5) business days.

Reservations must precisely describe the anomalies observed. Minor reservations do not prevent invoicing of services performed or use of the solution.

Minor reservations, adjustment requests, non-blocking corrections or change requests cannot justify refusal of total or partial payment of the order.

In the absence of a reservation within the aforementioned period, the services will be deemed compliant and definitively accepted.

Hardware, equipment, mounts, players, screens, kiosks, LED panels and accessories sold by A2Display remain the exclusive property of A2Display until full payment of the price by the Client, principal, costs and ancillary charges.

Transfer of ownership only occurs upon actual collection of the full amount due for the order or project concerned.

In the absence of full payment, A2Display reserves the right to reclaim the hardware delivered, including in the event of collective proceedings, under the conditions provided by law.

The Client is prohibited from reselling, assigning, pledging as collateral, transforming or transferring the hardware before full payment, except with A2Display's prior written agreement.

Transfer of risk occurs upon delivery, provision or installation of the hardware, whichever occurs first.

From this transfer, the Client assumes all risks of loss, theft, degradation, deterioration, destruction, damage or liability related to the hardware, even if transfer of ownership has not yet occurred.

The Client agrees to insure the hardware from its delivery or provision, for its replacement value as new.

The A2Display Software is not sold to the Client. It is granted under a usage license.

The license granted to the Client is personal, non-exclusive, non-assignable, non-transferable and limited to the conditions set out in the order, quote, contract, subscription or applicable offer.

The Client is notably prohibited from copying, reproducing, modifying, adapting, decompiling, disassembling, selling, renting, transferring, making available to third parties or exploiting the Software outside the rights expressly granted by A2Display.

Any unauthorized use of the Software may result in the immediate suspension or termination of the license, without prejudice to any legal action for damages.

When the order includes a subscription, cloud access or SaaS service, A2Display provides the Client with an online environment enabling use of the solution under the conditions set out in the quote or contract.

Access to cloud services is in principle available twenty-four hours a day, seven days a week, subject to interruptions necessary for maintenance, updates, security operations, force majeure or technical incidents beyond A2Display's control.

A2Display cannot be held liable for interruptions or malfunctions related to the Internet network, the Client's equipment, network restrictions, firewalls, power supply, telecom operators or any element external to its infrastructure.

The Client remains responsible for its content, access, users, passwords, network and compliance of data broadcast via the solution.

Maintenance and assistance services are provided under the conditions set out in the quote, maintenance contract or offer subscribed to by the Client.

Unless otherwise stated, A2Display support is accessible Monday to Friday, excluding public holidays in mainland France and company closure periods, from 9am to 6pm.

Support requests must be sent via the channels communicated to the Client in their contract, quote, purchase order or client portal.

A2Display provides corrective and regulatory maintenance on the current version of the Software.

A2Display corrects reproducible faults affecting the normal operation of the Software.

• For a blocking fault, A2Display intervenes or acknowledges the request within four (4) business hours during covered hours.
• For a non-blocking fault, A2Display intervenes or acknowledges the request by the next business day during covered hours.

The correction method is left to A2Display's discretion and may take the form of a program correction, documentation change, workaround procedure or any other means of avoiding reproduction of the fault.

Maintenance does not cover malfunctions related to misuse, unauthorized modification, lack of Internet connection, hardware failure, intervention by an unauthorized third party, non-compliant technical environment or force majeure.

If repeated requests reveal a lack of training or mastery of the solution by the Client, A2Display may offer additional billable training.

The Client acknowledges that the proper performance of A2Display's services depends on compliance with the technical, organizational and material prerequisites necessary for the project, notably access to premises, power supply, Internet connection, administrative authorizations, network access, mounting supports, content to integrate and availability of competent contacts.

Any delay, additional cost, malfunction or impossibility of execution resulting from a lack of preparation, an unmet prerequisite or an element attributable to the Client cannot be attributed to A2Display and may give rise to additional billing.

The Client is solely responsible for the content, text, images, videos, logos, files, information, data or graphic elements it transmits to A2Display or broadcasts via the solution.

The Client guarantees having all rights, authorizations and licenses necessary for the use and broadcasting of this content.

A2Display cannot be held liable for a delay, failure to commission or non-compliance resulting from the absence, delay, inaccuracy or non-compliance of content provided by the Client.

A2Display reserves the right to refuse the integration, hosting or broadcasting of any content that is manifestly unlawful, contrary to public order, infringing third-party rights or likely to harm A2Display's image.

Any request not provided for in the quote, commercial proposal, purchase order or initial contract constitutes an additional service.

Scope changes, change requests, graphic changes, functional adaptations, additional interventions, additional travel, content revisions or specific requests may be subject to an additional quote.

A2Display is only required to perform these additional services after the Client's written acceptance of the corresponding quote.

For software, licenses, cloud services, SaaS access or online interfaces, delivery is deemed completed upon activation, opening, communication or provision of access to the Client.

The Client's effective non-use of the solution, for any cause not attributable to A2Display, does not call into question delivery, the payability of the price or the start of the subscription.

Any scheduled intervention requiring travel or mobilization of a technician must be cancelled or postponed by the Client within a reasonable time before the scheduled date.

In the event of late cancellation, Client absence, inability to access the site, unprepared site or non-compliance with technical prerequisites, A2Display may invoice travel costs, time mobilized, costs incurred and, where applicable, a new intervention.

In the event of definitive cancellation of an order after acceptance of the quote or purchase order, sums already paid will remain the property of A2Display, without prejudice to A2Display's right to claim payment for services performed, costs incurred, hardware ordered, licenses activated or additional damages.

In the event of total or partial non-payment, late payment, contractual breach, abusive or unlawful use of the solution, A2Display may suspend all or part of the services, licenses, cloud access, services, maintenance, assistance, deliveries or interventions in progress.

Suspension will not give rise to any compensation for the Client and will not suspend the payability of sums due.

Reactivation of services may be conditioned on full payment of sums due and, where applicable, payment of reactivation fees.

Unless expressly agreed in writing otherwise, delivery, installation, commissioning or execution timeframes communicated by A2Display are indicative.

A reasonable delay cannot justify cancellation of the order, refusal of payment, application of penalties or award of damages, except in the case of gross negligence demonstrated against A2Display.

Software licenses, subscriptions, cloud access, SaaS services, configuration services, commissioning fees and services performed are neither refundable nor cancellable once activated, provided, committed or started, unless A2Display agrees otherwise in writing.

The Client's effective non-use of the solution, the absence of content provided by the Client, the postponement of a project or a change in the Client's internal organization does not call into question the payability of sums due.

• The Client agrees to provide accurate, complete and up-to-date information.
• The Client agrees to pay sums due according to the agreed terms.
• The Client agrees to use the Software in accordance with its intended purpose.
• The Client agrees to comply with the technical prerequisites communicated by A2Display.
• The Client agrees to keep its equipment, networks and connections in good working order.
• The Client agrees not to infringe A2Display's intellectual property rights.
• The Client agrees not to broadcast unlawful, abusive, discriminatory, infringing content or content contrary to laws and regulations.
• The Client agrees to back up, when it is its responsibility, its own data and content.
• The Client agrees to cooperate with A2Display to enable the proper performance of services.
• The Client is solely responsible for the content it creates, imports, broadcasts or schedules in the A2Display solution.

A2Display remains the holder of all intellectual property rights relating to the Software, its modules, interfaces, documentation, developments, source code, technical bases, methods, trademarks, logos, graphic elements, know-how and tools.

These Terms do not entail any transfer of intellectual property rights to the Client.

The Client only benefits from a limited right of use, under the conditions set out in the order or applicable contract.

Any unauthorized reproduction, representation, adaptation, modification, translation, extraction, distribution or exploitation of elements belonging to A2Display is strictly prohibited.

Each party agrees to keep confidential the commercial, technical, financial, contractual or strategic information received from the other party within the contractual relationship.

This confidentiality obligation does not apply to information already public, legally obtained from a third party, or whose disclosure would be required by law or a competent authority.

A2Display agrees to process personal data in compliance with applicable regulations, notably the General Data Protection Regulation (GDPR).

Detailed terms for processing personal data are specified in the Privacy Policy available on the A2Display website.

Hardware supplied may be covered by the manufacturer's warranty or a specific warranty indicated in the quote or purchase order.

The warranty does not cover damage resulting notably from misuse, negligence, accident, non-compliant installation by a third party, unauthorized modification, lack of maintenance, power surge, shock, unsuitable exposure or force majeure.

For software, the warranty is limited to maintenance services the Client may have subscribed to.

A2Display does not guarantee that the Software will be free of any fault or that it will operate without interruption in all technical environments.

A2Display is bound by a best-efforts obligation in the performance of its services, unless otherwise expressly agreed in writing.

A2Display's liability can only be engaged in the event of proven fault directly attributable to A2Display.

A2Display cannot under any circumstances be held liable for indirect damages, loss of business, loss of revenue, data loss, loss of opportunity, harm to image, commercial damages or consequences related to a service interruption.

In any event, A2Display's total liability, all causes combined, will be limited to the amount actually paid by the Client for the order or service concerned during the twelve (12) months preceding the event giving rise to the damage.

A2Display may subcontract all or part of the services to qualified providers, partners or technicians.

A2Display remains responsible to the Client for the proper performance of subcontracted services, within the limits provided for in these Terms.

Unless prior written agreement, the Client is prohibited from soliciting, recruiting or engaging, directly or indirectly, any employee, staff member, provider or contractor of A2Display who has participated in the performance of services.

This prohibition applies throughout the duration of the contractual relationship and for a period of twelve (12) months following its termination.

In the event of violation of this clause, the Client will owe A2Display flat-rate compensation equal to twelve (12) months of gross remuneration of the person concerned.

Neither party may be held liable for a failure to fulfill its obligations if this failure results from a force majeure event within the meaning of Article 1218 of the French Civil Code.

Notably considered force majeure events, subject to the assessment of competent courts: strikes, epidemics, natural disasters, fires, floods, administrative restrictions, massive network failures, large-scale cyberattacks, transport blockages, supply disruptions or any event beyond the reasonable control of the parties.

The performance of obligations will be suspended for the duration of the force majeure event.

A2Display may suspend or terminate as of right any contract, subscription, license or service in the event of non-payment, unlawful use, violation of intellectual property rights, serious breach by the Client of its obligations or breach of the solution's security.

Unless urgent or irreparable breach, termination will occur after formal notice remains without effect for thirty (30) days.

In the event of termination attributable to the Client, sums already paid will remain the property of A2Display and sums due until the contractual term will become immediately payable.

Unless the Client objects in writing, A2Display may mention the Client's name, brand or logo as a commercial reference, notably on its website, commercial presentations or communication materials.

A2Display is nonetheless prohibited from disclosing confidential information relating to the Client without its prior agreement.

If a clause of these Terms is declared void, unlawful or unenforceable, the other clauses will retain their full force and effect.

The parties will endeavor to replace the clause concerned with a valid clause as close as possible to the original economic and legal intent.

These Terms are governed by French law.

In the event of a dispute, the parties agree to first seek an amicable solution.

In the event of a dispute relating to the formation, interpretation, performance or termination of these Terms, and failing an amicable resolution, exclusive jurisdiction is granted to the Angers Commercial Court, including in cases of interim proceedings, multiple defendants, incidental claims or third-party proceedings.

The Client acknowledges having read these Terms before any order and accepting them without reservation.

Signing a quote, issuing a purchase order, accepting an offer, paying an invoice or using A2Display services constitutes full and complete acceptance of these Terms.

For any question relating to these Terms, the Client is invited to use the contact form available on the site or consult the Legal Notice for A2Display's full contact details.