General conditions

1. What is Sirenergies?

Sirenergies is the Company that publishes an eponymous energy consulting and sourcing solution for companies.

2. Who can subscribe?

a. Professionals

Sirenergies is reserved for professionals, communities and associations.

b. Waiver of consumer law

‍ If you subscribe to Sirenergies, you are renouncing the rules of consumer law.

3. What is the purpose of the CGU?

a. CGU

‍ The T&Cs are the contract you enter into with us to use Sirenergies: they set out the obligations that the parties must meet to use Sirenergies.

b. Appendices

Annexes can be added according to your needs.

4. What does SAAS software mean?

a. SAAS

‍ Sirenergies is offered in “software as a service” (or “SAAS”) mode: that is, it is hosted remotely and not on your computer. So Sirenergies can evolve flexibly over time since updates are made for all users at the same time and remotely without you having to do anything.

b. Information on evolution

‍ Any major evolution of Sirenergies is preceded by information for users.

5. How do I subscribe?

a. Limited access

Not everyone can use SirEnergies.

b. Possible refusal

‍ Your request for advice and sourcing may be refused if, for example, your company advocates violence or intolerance. Your activity must therefore respect “public order and good morals”.

Your request may also be refused in case of non-solvency of your company. Indeed, as contracts with electricity and/or gas suppliers are signed for a period ranging from 1 to 4 years, we must ensure that your company will be able to pay its energy expenses before putting it in contact with the best supplier.

Your free subscription will also be refused in the event of false data entered that does not allow Sirenergies to carry out its consulting and sourcing work (wrong telephone number for the digital signature of documents, wrong email address that does not allow transactional communications concerning the energy contract, wrong SIRET number that does not allow the identification of the company premises where the energy request is made,...)

c. Account deletion authorized

We are allowed to delete your account if you provide false information.

6. What are my rights?

a. Right of use

‍ For the duration of your subscription, you have the right to use SirEnergies worldwide*.

* The License is a division of intellectual property rights belonging to Sirenergies. It is the legal tool used to rent the right to use the Software.

b. License owner

Unless otherwise specified, the license holder is the one who first created his account and who is therefore the administrator of the company he created in the Sirenergies Software.

c. 100% original solution

‍ Our solution is 100% original. We guarantee that Sirenergies is not counterfeit and that you can use it to find a new energy supplier and to obtain consumer advice: Sirenergies provides you with its total guarantee in case of fault on its part on this specific point.

7. What restrictions?

a. Non-exclusivity

You do not have the exclusivity to use Sirenergies.

b. No transfer or subletting of the subscription

Sirenergies can be used to subscribe to a change of contract or a new electricity and gas contract for a company at a given location but you must be a person legally identified by this company to proceed with such an operation. You cannot use your SirEnergies account to perform such a transaction on behalf of a third party.

8. How is insured
the proper functioning of Sirenergies?

a. Maintenance

Sirenergies maintains the Sirenergies software.

b. Corrective and evolutionary maintenance

“Corrective maintenance” aims to ensure the normal functioning of the software by correcting any malfunctions. “Evolutionary maintenance” aims to improve Sirenergies' functionalities or to develop new ones.

c. Remote interventions

Anomalies are corrected by remote interventions.

D. Corrections submitted to the CGU

All corrections and changes made to Sirenergies are subject to the CGU.

e. Smart interventions

The operation of Sirenergies may be disrupted to allow the interventions necessary for its proper functioning or its evolution. These interventions are carried out as much as possible on days and times that do not affect the activity of Users (Europe/Paris time zone).

f. Information on interventions

If an intervention exceeding the hour of unavailability is envisaged, you are informed.

G. No responsibility

By accepting the Terms of Use, you renounce the responsibility of Sirenergies for the possible consequences of the unavailability of Sirenergies during these periods necessary for its evolution and/or improvement.

H. No rate discounts

As the subscription to the Sirenergies Software is free, no price discount is granted for these interventions.

9. Limitations of liability

a. Repair of direct and foreseeable damage

By accepting the T&Cs, if you demonstrate that we committed a fault during the contract, you renounce seeking more than compensation from Sirenergies for the financial consequences of the direct and foreseeable damage caused by our fault.

b. Waiver of indirect losses

By accepting the Terms of Use, you renounce seeking compensation from SirEnergies for indirect or unforeseeable losses or damages of any kind from Sirenergies.

c. You are solely responsible for your identifiers

By accepting the Terms of Use, you agree to be solely responsible for the damages suffered as a result of fraudulent or malicious use of your identifiers.

D. One year limit

No legal action may be taken by one party against another party after the period of one year after the birth of a dispute.

10. Total exclusion of liability

a. Force majeure

No party to the contract can be held liable if it has failed to fulfill its obligations due to force majeure.

b. Excluded liability

Sirenergies' liability is completely excluded in the following cases:

• In the event of interruptions and/or slowdowns in the networks used for the operation of Sirenergies.
• In the event of interruptions and/or slowdowns of third party services used by Sirenergies (supplier APIs, supplier communication systems,...)
• In the event of failures affecting the host of the servers hosting SirEnergies. In the case of any non-compliant use of Sirenergies for its intended purpose or documentation.
• In the event of modification or attempted modification of Sirenergies by you directly or by a third party,
• In the event of a breach on your part of your contractual obligations.
• In the event of the implementation or attempt to implement within SirEnergies of any third party software, software or operating system not approved by Sirenergies.
• In case of use of incompatible terminals.
• In case of failure of electronic communication networks.
• In the event of a voluntary act of degradation, malice, or sabotage.
• In case of deterioration due to force majeure or incorrect use of the Software.
• In case of use of Sirenergies for purposes contrary to international agreements and/or laws and/or regulations.

11. Data controller

a. Personal data

We collect 2 types of data:

• your personal data (name, first name, email address, telephone number,...)
• your professional data (SIRET number, delivery point, load curves obtained thanks to network managers...)

Your personal data is used only to contact you and is not subject to any processing, exchange or sale with third parties other than our partner YouSign who uses your email address and telephone number to authenticate the signing of mandates and contracts.

Your professional data is shared with suppliers and network managers thanks to your authorization when you sign the mandate. We do this for the sole purpose of providing you with the service for which you have commissioned us.

b. Responsible for the processing of personal data

Sirenergies is responsible for the processing of personal data within the meaning of the RGPD. We use the Axeptio solution to collect your consent concerning the cookies used on our sites.

c. Protection of personal data

Sirenergies takes the necessary measures to ensure the protection, confidentiality and security of these transmitted data in compliance with applicable legal provisions and in particular for France the provisions of articles 34 and 35 of the Data Protection Act No. 78-17 of January 6, 1978 as amended.

D. Regulations in force

Sirenergies undertakes to comply with the regulations in force in the State where the Customer's entity concerned is established, as well as in the State where said data will be stored. ‍

‍ e. Access to limited personal data

Sirenergies limits access to personal data to certain named persons and ensures increased protection against any use that is not in accordance with their use.

f. Confidentiality policy

‍ Regarding the data collected for the conclusion of the CGU, Sirenergies respects the confidentiality policy accessible online from its website.

G. Subcontracting

Any request for data subcontracting must be subject to the conclusion of a specific subcontracting contract in accordance with the requirements of article 28 of the RGPD.

12. Subscription payment

The software is free to use. SirEnergies is only paid either:

1. on its sourcing function and is therefore paid by the suppliers and not by the end customer;
2. on its advisory function and is therefore paid by the end customer.

13. Evolution of the CGU

a. Evolution

Sirenergies can change the T&Cs during the subscription period.

b. Information

If this happens, you will be notified.

c. Acceptance

By accepting the T&Cs, you acknowledge and agree that by continuing to use SirEnergies after receiving this information, you are deemed to have accepted the evolution of the T&Cs.

D. Refusal

‍ If you inform Sirenergies that you refuse this change, your subscription is cancelled and your account is deleted.

e. Account deletion

If you have taken out an energy contract with a supplier thanks to Sirenergies, your account is not deleted for the duration of the subscription plus 1 additional year.

If you have not subscribed to an energy contract with a supplier thanks to Sirenergies, your account is deleted after 1 year after its creation.

14. Various

a. Email = proof

Exchanges by email between the parties are proof.

b. Any exchange can be retained

All technical information concerning the software, as well as electronic exchanges of any nature whatsoever between the parties (in particular by email, internal message to the services, etc.) may be retained and archived by each of the parties for evidentiary purposes.

c. Validity of obligations

The invalidity of a contract provision does not affect the validity of the other obligations. The parties negotiate the replacement provisions that are required.

D. Commercial communication

By subscribing to these T&Cs, you authorize Sirenergies to mention your use of Sirenergies as part of its commercial communication.

15. Competent law

a. The Contract is subject to French law.

Any judicial procedure or procedure relating to the defense of a right relating to intellectual property must take place in the courts under the jurisdiction of the Paris Court of Appeal.

b. In case of difference

In the event of disputes between them, the parties must attempt an amicable settlement, unless there is a serious fault on the part of a party justifying termination without prior request for correction.

c. 30 clear days

In the absence of an agreement reached within 30 days of the amicable settlement attempt, the parties regain their freedom to take legal action.

16. Force majeure

a. Non-performance in case of force majeure

No party will be liable for the non-performance of its obligations if and to the extent that such non-performance is the direct result of a case of force majeure.

b. Cessation of force majeure

The party experiencing a case of force majeure shall inform by all means and as soon as possible of the occurrence and end of this situation.

c. Duration of non-performance

Obligations affected by force majeure are suspended for as long as this situation lasts.

D. Termination of the contract

If the case of force majeure lasts more than fifteen consecutive clear days, the party creditor of the obligations not performed may terminate the contract with immediate effect by registered letter with acknowledgement of receipt. Neither party can claim compensation from the other for this termination.

17. Translation of the CGU

a. Other languages

The CGU cannot be translated into languages other than French.

b. Accessibility

Sirenergies ensures that the CGU written in French are always accessible.