Fiberlytix

Terms and Conditions of Sale - Fiberlytix

1. Purpose and Scope

These Terms govern the contractual relationship between MUSTPI SARL (EURL), a French single-member limited liability company with a share capital of 1,000.00 €, registered under SIRET number 920 560 166 00018, RCS Narbonne, EU VAT number FR09920560166, with its registered office at 31 rue du Limousin, 11100 Narbonne, France, operating the Fiberlytix service (hereinafter "the Provider"), and its business clients (hereinafter "the Client") for the processing of OTDR fiber optic reflectometry data.

These Terms apply exclusively to business-to-business (B2B) transactions. Consumer transactions (B2C) are excluded.

2. Contract Formation and Orders

The contract is deemed formed upon receipt by the Provider of the measurement files (.sor format) via the fiberlytix.eu platform or any other agreed transfer method. Any order implies unconditional acceptance of these Terms, notwithstanding any contrary clause in the Client's purchase conditions.

3. Pricing and Billing

Prices are as follows:

  • Direct links folder: 25€ excl. VAT per folder.
  • Loop measurement folder: 45€ excl. VAT per folder.
  • Other technical projects: On specific quote. The Provider reserves the right to modify prices, subject to notifying the Client with 30 days' notice. Prices in effect at the time of the order remain applicable.
  • Reprocessing: One reprocessing is included per order. Any additional reprocessing will be charged 10€ excl. VAT for simple (A-B) measurements and 15€ excl. VAT for loop measurements.

4. Delivery Times and Service Level Agreement (SLA)

The Provider undertakes to deliver processed measurement files (Excel/PDF) within 48 business hours (Monday to Friday, 09:00 - 18:00 CET). Saturdays, Sundays, January 1st and December 25th are excluded from this calculation.

The delivery time starts from receipt of complete and usable data.

5. Revision and Compliance

In the event of non-conformity, the Client must notify the Provider in writing. The Provider undertakes to correct the issue within 2 business hours from receipt of the detailed notification.

After 5 business days following delivery without notification from the Client, the service is deemed accepted unconditionally (tacit acceptance).

6. Payment

Invoices are issued upon delivery of each folder or periodically by agreement. Payment is made exclusively by bank transfer within 30 days of the invoice date. No online payment is processed on the website.

In case of late payment, penalties at a rate of three times the legal interest rate plus a fixed recovery fee of 40€ will be charged without prior notice.

7. Intra-Community Taxation

For clients established in the EU with a valid intra-community VAT number, invoices are issued excluding VAT under the reverse charge mechanism (Art. 196 Directive 2006/112/EC). The Client is solely responsible for declaring and paying VAT in its country.

8. Liability

The Provider has a reinforced obligation of means. Its liability is limited to direct damages and shall not exceed the total amount excl. VAT paid by the Client for the service concerned.

The Provider cannot be held liable for initial measurement errors made in the field by the Client's technicians or for improper OTDR equipment configuration (e.g. wrong refractive index, undetected launch cables).

9. Data Ownership and Confidentiality

The Client retains exclusive ownership of its raw data and analysis results. The Provider undertakes not to use the Client's data for any purpose other than performance of the service. Data is processed in accordance with GDPR and the attached DPA.

10. Applicable Law and Jurisdiction

This contract is governed by French law. Any dispute relating to its validity, interpretation or performance shall fall under the exclusive jurisdiction of the Commercial Court of Narbonne, France.