Two kinds of supply, two regimes: resale of licences published by third parties, and subscriptions to Elyys360, which we publish.
Wavatec, French limited liability company (SARL) with share capital of €16,000, registered office at 254 avenue des Maquisards, 13126 Vauvenargues, France. RCS Aix-en-Provence 514 694 868 · SIRET 514 694 868 00035 EU VAT FR10514694868 Phone +33 6 80 52 01 85 · Email contact@wavatec.fr
These terms govern sales made by Wavatec to business clients. They cover two kinds of supply, under different regimes: resale of licences published by third parties, and subscriptions to Elyys360, the platform Wavatec publishes. Placing an order constitutes unreserved acceptance of these terms, which prevail over the client's own purchasing conditions.
Wavatec is an authorised reseller for PortSwigger (Burp Suite Professional and Enterprise) and CIS (SecureSuite, Controls, Benchmarks). The licence is granted to the client by the vendor, never by Wavatec. The vendor's licence agreement applies in full and prevails over any commercial description; the client is responsible for reviewing it before ordering. Wavatec places the order with the vendor, follows its delivery and supports renewal. Keys and access are delivered by the vendor directly to the client; Wavatec does not necessarily hold them. Wavatec does not modify the product, does not warrant its features and does not provide vendor support, which follows each vendor's own terms.
Elyys360 is published by Wavatec, which grants access under a named, non-exclusive and non-transferable subscription for the term subscribed. The initial term is twelve months from provisioning, renewed by tacit agreement for equal periods unless either party terminates at least thirty days before expiry. The client remains the owner of the data it enters into the platform. It may request an export in a readable format throughout the subscription and for thirty days after it ends, after which Wavatec deletes the data.
Every order follows a written quotation stating products, volumes, term and price. The order is formed when the client accepts the quotation in writing. Prices are stated in euros excluding tax and apply only for the validity period shown on the quotation. They may change on renewal, in particular to reflect a vendor price change; any change is notified before expiry and entitles the client not to renew.
Unless the quotation states otherwise, invoices are payable within thirty days of the invoice date. Under article L. 441-10 of the French commercial code, late payment automatically incurs, without prior notice, interest at the European Central Bank's half-yearly base rate plus ten points, together with a fixed recovery indemnity of forty euros, without prejudice to compensation for costs actually incurred. No discount is granted for early payment. In the event of late payment, Wavatec may suspend orders in progress after informing the client.
Usage rights granted under an order transfer only once the price has been paid in full. Nothing in these terms transfers any intellectual property right, whether in third-party products or in Elyys360.
As these terms apply to businesses acting within their trade, the right of withdrawal under the French consumer code does not apply. It remains available in the narrow case set out in article L. 221-3 of that code, to a business with five employees or fewer entering a contract outside its main field of activity. In that case, performing a digital service before the period expires, at the client's express request, waives that right.
Wavatec undertakes a duty of best efforts in performing its services. It cannot be held liable for third-party products, of which it is not the author, nor for indirect damage such as loss of business, data, revenue or reputation. In any event, Wavatec's liability is capped at the amount excluding tax actually received under the order giving rise to the damage, over the preceding twelve months. None of these limitations applies in cases of gross negligence, wilful misconduct or personal injury.
Each party undertakes to keep confidential the information received from the other under the contract, for its duration and the following three years. Processing of personal data is described in our privacy policy. Technical protection measures are described in our security policy. Where Wavatec acts as a processor under the GDPR, in particular for Elyys360, a data processing agreement is entered into between the parties.
Either party may terminate the contract for the other's material breach not remedied within thirty days of a formal notice that has gone unheeded. Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French civil code. If the impediment lasts beyond sixty days, either party may terminate without indemnity.
These terms are governed by French law, excluding any conflict-of-law rules. Failing an amicable resolution within thirty days of a written complaint, any dispute falls within the exclusive jurisdiction of the Commercial Court of Aix-en-Provence, including where there are several defendants or a third-party claim.
