General Terms and Conditions of Use and Service

1Service provider

FAC CONSULTING S.A.R.L.

Kinshasa, Democratic Republic of the Congo

Trade register: CD/KNM/RCCM/25-B-01840

Tax ID: A2560131N

Website: www.facconsulting.org

Email: service@facconsulting.org

2Purpose of FAC Project

FAC Project is a management and steering platform primarily intended for construction companies, project owners, design offices, worksite supervisors, subcontractors and organisations carrying out related building and public-works activities.

Depending on the subscribed plan, FAC Project may notably allow:

• managing organisations and their various worksites;
• managing users, roles and permissions;
• creating and tracking construction projects and contracts;
• planning milestones, tasks and dependencies;
• monitoring worksite progress and daily reports;
• managing quality, inspections, non-conformities and corrective actions;
• managing risks, issues and document repositories;
• tracking approved budgets, commitments and expenses by category and currency;
• managing material consumption and subcontractor statements;
• producing reports, dashboards and statistics;
• accessing other professional features offered by FAC CONSULTING.

The exact availability of features depends on the plan, configuration and rights granted to each user.

3Acceptance of the terms

Accessing FAC Project, creating an account, activating a subscription or using the service implies full and unreserved acceptance of these terms.

The person subscribing to the service or administering an organisation declares that they have the necessary authority to bind that organisation and to authorise its users to access FAC Project.

When a contract, quote, purchase order or specific agreement has been signed with FAC CONSULTING, its provisions supplement these terms. In case of contradiction, the specific signed document prevails for the elements it expressly regulates.

4Professional use

FAC Project is provided mainly for professional use. The customer organisation is responsible for its use, its users, its activities and the data it processes through the platform.

The organisation must ensure that its use complies with the laws, regulations, tax, accounting, commercial, social and professional obligations applicable to it.

FAC Project is a management tool. It does not replace the advice of an accountant, tax advisor, lawyer or other qualified professional.

5Account creation and administration

Access to certain features requires a user account created by FAC CONSULTING, by the organisation's administrator or by a duly authorised person.

The user agrees to:

• provide accurate and up-to-date information;
• use only the account assigned to them;
• not share their credentials with another person;
• protect the confidentiality of their password;
• immediately report any suspicious login or activity;
• update their information when it changes.

Any operation performed using an account is presumed to have been carried out by its holder or under their responsibility, unless proof of fraudulent access is promptly reported.

6Organisation administrators

Administrators have extensive powers over their organisation's accounts and data. They may notably create, modify, suspend or delete users and assign them roles or permissions.

The organisation is responsible for:

• the choice of its administrators;
• the configuration of roles and permissions;
• the prompt deactivation of accounts of persons who should no longer access the service;
• the actions carried out by its authorised users;
• the regular review of access granted to its data.

7Licence of use

Subject to compliance with these terms and payment of any amounts due, FAC CONSULTING grants the organisation a limited, non-exclusive, non-transferable and revocable right to access FAC Project for the duration of its subscription.

This right is granted solely for the internal and professional needs of the organisation, within the limits of the number of users, sites, features, storage and other quotas provided for by its plan.

No ownership rights over the software, its source code, its documentation or its components are transferred to the organisation.

8Prohibited uses

It is notably prohibited to:

• use FAC Project for illegal or fraudulent purposes;
• access or attempt to access another organisation's data;
• bypass authentication, security, permission or service limitation mechanisms;
• introduce viruses, malware, harmful scripts or content intended to disrupt the platform;
• perform security or intrusion tests without prior written authorisation;
• deliberately overload servers or automate requests in an abusive manner;
• copy, modify, disassemble, decompile or attempt to extract the source code of FAC Project, except where mandatory legal authorisation applies;
• resell, rent, sublicense or make the platform available to third parties without written agreement;
• use FAC Project to infringe the rights, privacy or intellectual property of others;
• import content for which the organisation does not hold the necessary rights or authorisations.

9Organisation data

The organisation remains the owner or rights-holder of the data and content it introduces into FAC Project.

It grants FAC CONSULTING the limited authorisation to store, reproduce, back up, transmit and process such data only to the extent necessary to provide, secure and improve the service.

The organisation warrants that it holds the rights, authorisations and lawful bases required to process the relevant data and entrust it to FAC CONSULTING.

FAC CONSULTING does not become the owner of files, documents, project records, photos, customer lists or other professional content stored in FAC Project.

10Personal data protection

The processing of personal data carried out within FAC Project is described in our privacy policy.

The organisation is responsible for the personal data it collects and introduces into FAC Project. It must inform the data subjects, respect their rights and limit the collection to data that is necessary.

FAC CONSULTING takes reasonable measures to protect data, without being able to guarantee the absolute absence of any risk associated with the use of an IT or Internet service.

11Subscriptions and pricing

Some FAC Project features may be offered free of charge, during a trial period or as part of a paid subscription.

Pricing, quotas, features, billing terms and subscription duration are specified in the commercial offer, quote, invoice, purchase order or subscription interface.

Unless otherwise stated, prices do not include taxes, bank fees, payment commissions, Internet connection costs, equipment or services supplied by third parties.

FAC CONSULTING may modify its prices for future periods. New conditions are communicated to the organisation before they apply, in accordance with the applicable contract.

12Payment and late payment

Invoices are payable according to the deadlines and terms indicated in the commercial offer or on the invoice.

In the event of late or non-payment, FAC CONSULTING may, after notification and subject to applicable provisions:

• limit certain features;
• suspend access to the service;
• refuse to renew the subscription;
• terminate the service when the non-payment persists;
• claim the fees or penalties provided for in the contract or by law.

Suspension does not automatically cancel the amounts already owed by the organisation.

13Service availability

FAC CONSULTING strives to keep FAC Project available, secure and functional. However, permanent and uninterrupted availability cannot be guaranteed.

The service may be interrupted notably in the event of:

• scheduled or urgent maintenance;
• technical or security update;
• incident affecting a hosting provider or third-party supplier;
• network, power or connection failure;
• cyberattack or unauthorised access attempt;
• an event beyond our reasonable control.

Where possible, FAC CONSULTING informs administrators of maintenance operations likely to cause significant disruption.

14Maintenance and evolution

FAC CONSULTING may fix, adapt, improve, replace or remove certain features to ensure the security, compliance, performance and evolution of FAC Project.

Modifications must not unfairly deprive the organisation of essential features expressly provided for in a paid plan in progress.

Some new features may be offered as paid options or reserved for specific plans.

15Technical support

Support covers difficulties directly related to the normal operation of FAC Project, in accordance with the terms provided for by the subscribed plan.

The organisation must provide the information necessary for problem analysis, notably reproduction steps, error messages and, where possible, screenshots that do not contain unnecessarily sensitive data.

Support does not automatically cover problems caused by:

• a misconfiguration carried out by the organisation;
• a faulty third-party equipment or software;
• an insufficient Internet connection;
• unauthorised access resulting from credential sharing;
• use contrary to the documentation or these terms;
• specific development not provided for in the subscribed plan.

16Backups and exports

FAC CONSULTING may perform technical backups according to the architecture and plan used. These backups are intended for the general continuity of the service and do not necessarily replace the organisation's own archiving procedures.

The organisation must keep separately the documents whose autonomous retention is necessary for its accounting, tax, legal or operational obligations.

Export options depend on the available features. Any specific export, migration or recovery request may be subject to a separate service.

17Third-party services and integrations

FAC Project may be connected to external services, notably hosting, email sending, payment, storage, authentication or analytics services.

Use of these services may be subject to their own terms. FAC CONSULTING is not responsible for interruptions, modifications or failures directly attributable to an independent third party.

The organisation is responsible for the credentials, accounts, authorisations and fees related to the third-party services it chooses to connect to FAC Project.

18Intellectual property

FAC Project, its architecture, code, interface, components, documentation, graphic elements, name and trademarks are protected by the rules applicable to intellectual property.

Without written authorisation, no element of FAC Project may be copied, reproduced, adapted, sold, published or exploited outside the normal use of the service.

Suggestions or feedback provided by users may be used by FAC CONSULTING to improve the service, without transfer of ownership of the organisation's data or content.

19Confidentiality

Each party undertakes to protect the confidential information received from the other party and to use it only for the performance of the service.

Information that is public, already lawfully known, lawfully received from a third party, or developed independently without using confidential information is not considered confidential.

Confidential information may be disclosed when a legal obligation or a decision of a competent authority requires it.

20Service suspension

FAC CONSULTING may suspend all or part of access to FAC Project when such a measure is reasonably necessary, notably in case of:

• persistent non-payment;
• serious or repeated violation of these terms;
• fraudulent or illegal use;
• risk to platform or data security;
• attempt to access another organisation's data;
• legally applicable request from a competent authority;
• urgent need to protect users or infrastructure.

When circumstances permit, the organisation is informed of the reason for the suspension and the measures necessary to restore access.

21Duration and termination

The subscription is concluded for the period indicated in the commercial offer, quote, invoice or applicable contract.

Either party may end the service in accordance with the notice and termination conditions provided for in the commercial agreement.

FAC CONSULTING may terminate the service in the event of a serious breach not remedied within a reasonable period after notification, unless immediate termination is justified by fraud, a security risk or clearly illegal activity.

Termination does not extinguish amounts due nor obligations that must continue to have effect, notably those relating to confidentiality, intellectual property and liability.

22Fate of data after termination

After the end of the service, the organisation must retrieve the data it wishes to keep within the timeframe and by the technical means communicated by FAC CONSULTING.

Upon expiry of the recovery period, data may be deleted or anonymised, subject to temporary backups, legal retention obligations and elements necessary for the defence of a right.

Specific assistance for exporting, converting or migrating data may be billed when it requires additional technical work.

23Warranties and accuracy of results

FAC CONSULTING strives to provide a service that complies with its documentation and announced features.

The organisation nevertheless remains responsible for verifying the information, calculations, invoices, reports, stock, payments, orders and other results produced from the data it enters.

FAC CONSULTING does not warrant that results will be accurate when the data supplied is incorrect, incomplete, outdated or entered by an unauthorised person.

24Limitation of liability

To the extent permitted by law, FAC CONSULTING shall not be held liable for indirect losses, loss of profit, loss of opportunity, damage to reputation or consequences resulting from misuse of the service.

FAC CONSULTING shall notably not be liable for damage resulting from:

• incorrect information entered by the organisation;
• credential sharing or theft;
• improper assignment of roles or permissions;
• faulty third-party equipment, network, software or service;
• absence of external retention of an important document;
• illegal or non-compliant use of FAC Project;
• an event beyond FAC CONSULTING's reasonable control.

Except in cases of gross negligence, fraud, wilful misconduct, mandatory legal obligation or more favourable contractual provision, FAC CONSULTING's total liability under the service is limited to the amount paid by the organisation for FAC Project in the twelve months preceding the event giving rise to the damage.

25Organisation's liability

The organisation is liable for damages, claims, sanctions or disputes resulting from its data, its activities, its users, or any use of FAC Project contrary to these terms or the law.

It undertakes to cooperate in good faith with FAC CONSULTING in the event of an incident, third-party claim or authority request concerning its use of the platform.

26Force majeure

Neither party shall be held liable for any delay or non-performance caused by an unforeseeable, irresistible event beyond its control, notably a natural disaster, war, riot, general breakdown, prolonged Internet or power outage, major cyberattack, administrative decision or widespread failure of an essential provider.

The affected party takes reasonable measures to limit the consequences of the event and resume performance of its obligations.

27Modification of the terms

FAC CONSULTING may modify these terms to reflect the evolution of the service, legislation, security practices or commercial offers.

Any significant modification applicable to a current subscription will be communicated by an appropriate means, notably in the application or by email.

Use of the service after the new terms take effect constitutes acceptance of them, subject to the rights provided for by the contract and the law.

28Notifications

Notifications relating to the service may be sent to the email address associated with the administrator account, displayed in FAC Project or transmitted through any other channel agreed with the organisation.

The organisation must keep its administrative and billing contact details up to date.

29Governing law and dispute resolution

These terms are governed by the laws of the Democratic Republic of the Congo.

In the event of a dispute, the parties shall endeavour to seek an amicable solution before any judicial proceedings. The claim must clearly set out the facts, the requests and the relevant documents.

Failing amicable agreement within a reasonable period, the dispute falls under the competent jurisdictions of Kinshasa, subject to the mandatory rules applicable.

30General provisions

The fact that FAC CONSULTING does not immediately apply a provision of these terms does not constitute a waiver of applying it subsequently.

If a provision is declared invalid or unenforceable, the other provisions remain in force. The provision concerned will be interpreted or replaced in a way that preserves its original purpose as much as possible.

The organisation may not assign its subscription or its rights to a third party without the prior written consent of FAC CONSULTING.

31Contact

Any question concerning FAC Project or these terms may be addressed to:

FAC CONSULTING S.A.R.L.

Email: service@facconsulting.org

Kinshasa, Democratic Republic of the Congo