Terms and Conditions

1Purpose and Scope

These General Terms and Conditions of Sale and Use (hereinafter “GTC”) govern the relationship between Eziwan SAS (hereinafter “Eziwan”) and any business customer (hereinafter the “Customer”) who subscribes to one of its offerings: hardware (Eziwan Gateway), cloud monitoring platform (Eziwan Cloud), and SIM connectivity (Eziwan Connectivity), either individually or as a bundle.

Any order implies unconditional acceptance of these Terms and Conditions, which take precedence over any other document provided by the Customer, unless Eziwan has expressly agreed otherwise in writing. The specific terms and conditions set forth in the quote or signed contract supplement these Terms and Conditions and shall prevail in the event of any conflict.

2Definitions

• Materials: the Eziwan Gateway and any related accessories sold to the Customer.
• Platform: the "Eziwan Cloud" online fleet monitoring and management service, available as a SaaS solution.
• Connectivity: the multi-carrier SIM card service included with the plan.
• Services: all services (implementation, support, and assistance) associated with the offerings.
• Estimate / Contract: the sales document describing the scope, prices, and agreed-upon terms.

3Offers, Quotes, and Orders

Eziwan's quotes are prepared based on a quote, depending on the Customer’s needs (number of sites, equipment, subscription, connectivity, services). Quotes are valid for the period specified therein or, if no period is specified, for thirty (30) days.

The order is considered final upon the Customer’s written acceptance of the quote (signature or confirmation via email) and Eziwan’s confirmation. Any request for changes is subject to Eziwan’s approval and may result in a new quote.

4Prix

Prices are listed in euros (€) and do not include taxes (excl. tax); VAT and any applicable taxes are added at the current rate. The equipment is a one-time purchase; the platform and connectivity are billed on a subscription basis according to the frequency specified in the quote.

The applicable prices are those listed in the accepted quote. Eziwan reserves the right to adjust its rates; any such adjustments will not affect orders that have already been confirmed for their current period.

5Payment Terms

Unless otherwise specified, invoices are payable by the due date indicated on the quote or invoice. In accordance with Articles L.441-10 and D.441-5 of the Commercial Code, any late payment automatically results in late payment penalties (at the statutory rate applicable between businesses) as well as a flat-rate compensation of €40 for collection costs.

In the event of nonpayment, Eziwan reserves the right to suspend access to the Platform and connectivity services after a formal notice has gone unanswered.

6Delivery and Installation of Equipment

Delivery times are indicated in the quote and are provided for informational purposes only. The equipment is delivered preconfigured (Zero-Touch Provisioning), allowing for on-site deployment without the need for network expertise. The transfer of risk occurs upon delivery of the equipment to the Customer or to the carrier.

The Customer is required to inspect the condition of the equipment upon receipt and to report any irregularities or damage as soon as possible, in accordance with the applicable transportation regulations.

7Cloud platform, connectivity, and availability

Access to the Platform is granted to the Customer in the form of a non-exclusive right of use for the duration of the subscription. SIM connectivity is provided for Machine-to-Machine (M2M) use in accordance with its intended purpose.

Eziwan takes the necessary steps to ensure the availability and security of the Platform. Any guaranteed service level (availability, support, recovery time) is specified in the quote or a dedicated service level agreement (SLA). Outages may occur due to maintenance, which is preferably scheduled and announced in advance.

8Right of Withdrawal

Eziwan’s offers are intended for professionals in the course of their business. The right of withdrawal provided for by the Consumer Code does not, in principle, apply to contracts entered into between professionals. Any cancellation or return conditions are specified in the quote or contract.

9Garanties

The equipment is covered by the applicable statutory warranties. The duration and scope of any commercial warranty are specified in the quote or in the product documentation. The warranty does not cover damage resulting from improper use, unauthorized modification, or force majeure.

Eziwan strives to ensure the accuracy of the technical information provided; this information is subject to change and constitutes a contractual commitment only when it is expressly included in the quote or contract.

10Liability

Eziwan is bound by an obligation of means. Eziwan shall not be held liable except in the event of proven fault and its liability is limited to direct and foreseeable damages. Unless otherwise required by mandatory law, Eziwan’s liability, for any cause whatsoever, is capped at the total amount actually paid by the Customer for the order in question during the twelve (12) months preceding the event giving rise to liability.

Eziwan shall not be held liable for indirect damages (loss of business, data, or revenue ) or for malfunctions attributable to third-party operators’ networks, the Customer’s infrastructure, or improper use.

11Intellectual Property

The Platform, its software, documentation, trademarks, and all Eziwan content remain the exclusive property of Eziwan. The order grants the Customer a personal, non-exclusive, and non-transferable right of use, limited to the term of the contract, excluding any right to reproduce, modify, or resell the content without written consent.

12Personal Information

The processing of personal data is described in our Legal Notices and carried out in accordance with the GDPR (Regulation (EU) 2016/679). When Eziwan processes personal data on behalf of the Client in connection with the Platform, the parties shall, if necessary, enter into a data processing agreement within the meaning of Article 28 of the GDPR. For any questions: contact@eziwan.com.

13Term and Termination

The term of the subscriptions and the terms for renewal and termination are set forth in the quote or contract. In the event of a material breach of obligations by one party that is not remedied within thirty (30) days after formal notice is served, the other party may terminate the contract as of right, without prejudice to any claims for damages.

14Force Majeure

Neither party shall be held liable for any breach resulting from a force majeure event as defined in Article 1218 of the Civil Code and French case law (including, but not limited to, natural disasters, major network or power outages, or failure of a third-party operator). The affected obligations are suspended for the duration of the event.

15Governing Law and Disputes

These Terms and Conditions are governed by the French law. In the event of a dispute, the parties will endeavor to reach an amicable resolution. If no agreement is reached, the dispute will be brought before the competent French courts. For any complaints, you may write to us at contact@eziwan.com.