Terms of Use

1. Purpose

These terms govern the provision, as a hosted service, of the Transitoo freight forwarding and cargo management software (the “Service”) by SUNUTECH (the “Publisher”) to the client company (the “Client”).

2. Account and users

The Client appoints an administrator who creates and revokes access for its staff members. The Client is responsible for all acts performed from the accounts it has opened, and undertakes to revoke without delay the access of any staff member who leaves its workforce.

3. Subscription and modules

The Service is provided on a subscription basis, according to the plan subscribed to. Certain features are reserved for certain plans. The Publisher may change its plans; a change that is unfavourable to the Client during a current period shall not be enforceable against the Client before the end of that period.

5. Ownership of data

The data entered by the Client belongs to the Client. The Publisher acquires no rights over it and does not use it for any purpose other than providing the Service, except for the production of aggregated and anonymised statistics.

6. Roles with regard to personal data

For the data that the Client places in the Service — its customers, its files, its staff members, its drivers — the Client is the data controller and the Publisher is the processor. The Publisher acts only on the Client’s instructions, implements the security measures described in §9, and assists the Client with requests to exercise rights.

It is the Client’s responsibility to have a legal basis for the data it places in the Service, and to inform the data subjects.

Any change of sub-processor is brought to the attention of the Client, which may object to it on legitimate grounds. The list appears in the privacy policy.

7. Payment default

In the event of non-payment, the procedure is as follows:

• 7 days after the due date: reminder and warning of suspension;
• 12 days: formal notice;
• 15 days: suspension of access.

Suspension does not erase any data. Access is restored upon payment.

8. Availability

The Publisher implements the means necessary to provide a continuous service, without guaranteeing uninterrupted availability. Scheduled maintenance operations are announced in advance.

9. Security

Encryption of communications, strict segregation of data between client companies, logging of sensitive access, encrypted daily backups, role-based access management. In the event of a data breach affecting the Client, the Publisher informs the Client without delay so that it can fulfil its own obligations.

10. Reversibility

At any time during the subscription and for after it ends, the Client may obtain an export of its data in a usable format. After this period, the data is deleted.

11. Intellectual property

The Service remains the property of the Publisher. The Client is granted a personal, non-exclusive and non-transferable right of use for the duration of the subscription. The following are prohibited: decompiling, reselling, making the Service available to a third party and the systematic extraction of data from the Service.

12. Confidentiality

Each party undertakes not to disclose the confidential information of the other party, for the duration of the contract and for after its termination.

13. Liability

The Publisher’s liability, on whatever grounds, is limited to the sums paid by the Client in respect of the last months. Indirect damages, loss of business and loss of opportunity are excluded. No limitation applies in the event of gross negligence or wilful misconduct.

14. Term and termination

The subscription is taken out for the term indicated and is tacitly renewed unless notice of termination is given before the expiry date. The Publisher may terminate in the event of a serious breach not remedied within 30 days of a formal notice that has remained without effect.

15. Governing law

Senegalese law. Failing an amicable settlement, the courts of Dakar shall have jurisdiction.