General Terms & Conditions
These GENERAL TERMS AND CONDITIONS may be modified at any time; the applicable version is the one available on the WEBSITE at the time the order is placed
shall mean the catalogue of existing PRODUCTS referenced and available at Spot Image or at its licensor.
shall mean the legal entity which orders or intends to order one or more PRODUCTS from Spot Image within the context of its professional activity. When the PRODUCT is supplied to a government entity (civil agency, public department, ministry…), the CLIENT shall be deemed to be only such part of the government entity as located at the address to which the PRODUCT is supplied.
shall mean the End-User License Agreement applicable to the PRODUCT ordered. Such EULA shall be available at the following web address: http://www.astrium-geo.com/en/886-legal-documents-and-supply-conditions
shall mean any satellite imagery product marketed by Spot Image as defined in the Spot Image Price List available at the following web address: http://www.astrium-geo.com/en/122-price-lists
shall mean the Astrium Geo-Information Services website, accessed through the following web address: https://geostore.astrium-geo.com/.
2. General Provisions
Except in case of Spot Image prior written agreement, all the supplies of any PRODUCT shall be governed by these General Supply Conditions and the appropriate EULA (the present General Supply Conditions and the applicable EULA being jointly referred as the “Conditions”). In case of any conflict between any EULA and the present General Supply Conditions, the provisions of the EULA shall prevail.
The CLIENT accepts and agrees to be bound by the terms of these Conditions by doing any of the following: (a) placing a purchase order through this personal account created on the Website; (b) accepting, in whole or in part, a quotation for the supply of a PRODUCT; (c) breaking the seal on the package containing a PRODUCT in case of physical delivery; (d) downloading and/or installing and/or manipulating a PRODUCT on any computer; (e) paying in whole or in part a PRODUCT; (f) damaging or destroying a PRODUCT; (g) retaining a PRODUCT for more than 7 days following receipt thereof.
These Conditions may be modified at any time by Spot Image, the applicable version is the one available on the WEBSITE at the time the order is placed by Client. The Conditions are deemed irrevocably accepted by the CLIENT.
Any clause or condition stating otherwise which appears in any correspondence or any order form addressed by the CLIENT to Spot Image shall be ineffective against Spot Image. If a particular agreement concluded with a CLIENT expressly derogates from the Conditions, the other provisions of the Conditions shall remain applicable.
3. Purchase Orders
A purchase order can be validly issued from CLIENT’s personal account on the WEBSITE by filling up the purchase order form available on the WEBSITE and submitting it online by clicking on the “ORDER” button. Such purchase order is based on the estimated product availability information and the quotation before order mentioned in CLIENT’s ordering basket. Notwithstanding any clause to the contrary, issuance of an order as described above implies the irrevocable adherence by the CLIENT to these Conditions. Spot Image reserves the right to accept or refuse any order, at its sole discretion.
3.1. PRODUCTS referenced in a CATALOGUE
Upon receipt of an order for PRODUCTS from CLIENT’s personal account on the WEBSITE, an acknowledgment of receipt of the purchase order will be sent automatically by electronic message to CLIENT. Such acknowledgment of receipt will mention all the order data as acceptable to Spot Image. No modification or cancellation of an order of any PRODUCT shall be possible after the issuance of the acknowledgement of receipt of the order.
3.2. PRODUCTS not referenced in a CATALOGUE
- 3.2.1. PRODUCTS not referenced in the CATALOGUE and requiring an automatic tasking or instant tasking
Upon receipt of an order for PRODUCTS requiring an automatic or instant tasking from CLIENT’s personal account on the WEBSITE, an acknowledgment of receipt of the purchase order will be sent automatically by electronic message to CLIENT. Such acknowledgment of receipt will mention all the order data as acceptable to Spot Image. No modification or cancellation of an order of any PRODUCT shall be possible after the issuance of the acknowledgement of receipt of the order.
- 3.2.2. PRODUCTS not referenced in the CATALOGUE and requiring tailored tasking
CLIENT shall place a purchase order for PRODUCTS requiring tailored tasking by contacting Spot Image Customer Service at to be completed , Spot Image shall then send to the CLIENT a proposal describing the appropriate satellite programming conditions for the required tailored tasking. The CLIENT shall confirm in writing his acceptance or refusal of this proposal within the deadlines indicated in the said proposal. The acceptance of Spot Image’s proposal shall imply the express adherence by the CLIENT to these Conditions, and shall irrevocably bind him to purchase all the PRODUCTS obtained in compliance with the accepted proposal.
Upon issuance of purchase order by CLIENT as per article 3.21 or upon acceptance by CLIENT of Spot Image’s proposal as per 3.2.2, Spot Image shall use reasonable efforts to obtain programming of the satellite. Such efforts shall be Spot Image’s sole obligation under the order. The CLIENT shall not be entitled to claim any indemnity or damage in the event the programming request has not been taken into consideration by the satellite operator, or in the event the programming has not been successful. In any case, Spot Image reserves the right to refuse any order it considers not reasonably possible under normal operating conditions.
4. Right of Withdrawal
When placing an order on the SITE, the CLIENT expressly renounces his/her right of withdrawal, as stipulated in Article L121-20 of the French Consumer Code.
The estimated product availability terms proposed during ordering process and the order tracking process on CLIENT’s personal account are given for information only and do not bind Spot Image. Any delay in delivery does not authorize the CLIENT to refuse the total or partial delivery of the PRODUCTS order nor to claim any indemnity, penalty or damages whatsoever. Should Spot Image, for any reason, be unable to deliver any ordered PRODUCT, the CLIENT shall be entitled only to a refund of the price or the undelivered part of the order, without any indemnity, penalty or damages of any nature whatsoever.
During the ordering process, CLIENT shall choose between delivery on a physical media or on-line delivery from a secured ftp server. In both cases, CLIENT will be informed by electronic message on the date of availability of the ordered PRODUCT.
On-line delivery: In the electronic message informing him on the ordered PRODUCT availability, CLIENT will receive the details of the ftp server where the ordered PRODUCTS may be downloaded (ftp address, password etc…). and the time frame within which he must download his ordered PRODUCTS.
Unless otherwise indicated, the CLIENT shall have a deadline of seven (7) days, starting from the said electronic message, to download the ordered PRODUCT. Should the CLIENT not download the ordered PRODUCTS within the allowed time frame, Spot Image shall, upon his request, place the available ordered PRODUCT back on the delivery server for an additional payment of two hundred (200) Euros for management costs.
If the CLIENT was unable to download the ordered PRODUCT, Spot Image shall send him, upon his request and at his own costs, the said PRODUCT on CD or DVD, as the case may be. It is the responsibility of the CLIENT to check, immediately after downloading the PRODUCT, that the content downloaded corresponds to the PRODUCT ordered and, if appropriate, to express the usual reservations in an email sent to Spot Image at the following address email@example.com.
Delivery on a physical media: Delivery on a physical media includes delivery by CD or DVD. The costs involved in that respect shall be borne by the CLIENT.
Prices applicable for any PRODUCT are those defined in the quotation before order mentioned in CLIENT’s ordering basket. Such prices are "Ex-Works" (I.C.C. Incoterms 2000), exclusive of taxes, and include standard packing.
The risks pertaining to the PRODUCTS sent shall be transferred to the CLIENT as from the placing of the PRODUCT on the delivery server or, in the case of a supply on physical medium, as from the placing of the PRODUCT at the disposal of the first carrier.
Should the CLIENT have given Spot Image the mandate to negotiate and to sign in its name the PRODUCT transport contract, the CLIENT shall take care of all the risks linked to the transportation ; therefore, should the case arise, the CLIENT shall make the standard disclaimers before the carrier within the legal deadlines.
CLIENTS located outside the European Union and CLIENTS located in the European Union and having an European VAT number may be invoiced exclusive VAT. Any order placed on the WEBSITE using a computer located in a territory outside France may be subject to the applicable taxes and/or customs duties of that territory. These taxes and/or customs duties are payable by the CLIENT and are his/her sole responsibility. In any cases, the customs charges and taxes shall be borne exclusively by the CLIENT.
All Spot Image invoices are payable without discounts or reductions. Payment terms shall be defined in the acknowledgement of receipt of the order or proposal. Unless otherwise stated, the payment must be made by transfer at the latest thirty (30) days after the PRODUCTS are made available,
The sums shall be credited to the Spot Image account appearing on the order confirmation. All overdue sums, totally or partially, shall carry, after formal notice to pay addressed in writing to the CLIENT, interest at a rate of 1.5%, (one and a half percent) per month, from the due date until the actual date of payment.
Without prejudice to any other action, Spot Image reserves the right to apply one or more of the following provisions:
- to suspend the current orders until complete payment of the price;
- to refuse all future orders;
- to suspend the license of use and/or the right to make added value on the PRODUCTS;
- to claim and obtain the refund of all the costs incurred as the result of the contentious recovery of the sums due, including the legal fees;
- to bring a legal action in order to defend the interests of Spot Image.
- In any case, payments may not be suspended, nor form the subject of any compensation, without prior written consent by Spot Image.
Any online order of SERVICE shall be accompanied with a SOURCE FILE uploaded by the CLIENT on the WEBSITE. Upon validation of the order by the CLIENT, the latter shall receive an automatic acknowledgment of receipt detailing the order conditions. Astrium-Geo will perform a feasibility study of the order, and then send to the CLIENT an email confirming the order, or inform the CLIENT that its order has been rejected.
The CLIENT acknowledges and warrants that it has read and fully accepted the “CONDITIONS APPLICABLES TO THE SUPPLY OF SERVICES”, as detailed below, which apply to any online order of SERVICE.
8. Warranty - Liability
The CLIENT defines the characteristics of his needs and ensures the suitability of the PRODUCTS to their satisfaction. Spot Image shall provide no advice or recommendation whatsoever in this respect, and shall under no circumstances be held responsible as regards the suitability of the PRODUCTS concerning any use whatsoever. For any transactions performed through the WEBSITE, in no event shall Spot Image be held responsible of any dysfunction in the CLIENT’S Internet connection, for loss of any PRODUCT downloaded by the CLIENT, for dysfunction of the CLIENT’s equipment, for failure of the CLIENT to download the PRODUCT within the prescribed period, or for the incorrect selection by the CLIENT of its area of interest.
PRODUCTS are complex. Spot Image does not warrant that PRODUCTS are free of bugs, errors, defects or omissions, and that operation of the PRODUCTS will be error free or uninterrupted nor that all non-conformities will or can be corrected. Spot Image's warranty for PRODUCTS shall be limited either to the replacement of the defective PRODUCT if available, or to its refund, with the exclusion of any indemnity or damages. Any claim related to the quality and/or quantity of any PRODUCT delivered must, to be admissible, be well-founded and duly formulated by registered mail at the latest seven (7) days after the delivery of the PRODUCTS. No return of any PRODUCTS shall be accepted without prior written and definite consent by Spot Image and its licensor.
The warranty does not cover the apparent defects insufficiently indicated upon receipt of the PRODUCT. Defects or deterioration caused by fair wear and tear or by an external accident (erroneous assembly or loading, faulty maintenance, abnormal use etc) or by a modification of the PRODUCT shall not be covered by the warranty.
Under no circumstances can Spot Image and/or its licensor be held responsible, on the basis of responsibility arising from the faulty PRODUCTS, for the damages caused to the CLIENT's goods which are useful for his profession. In addition, the CLIENT shall not be able to bring an action against Spot Image and/or its licensor on these grounds
Under no circumstances can Spot Image and/or its licensor be held liable or responsible for the damages caused to the CLIENT, and the CLIENT shall not be able to bring an action against Spot Image and/or its licensor on these grounds. Under no circumstances can Spot Image and/or its licensor be held liable or responsible for all indirect and/or immaterial damages such as loss of profit, loss of production, loss of operation, loss of dates, loss of data or information, loss of a right, interruption of a service provided by a person or possession, and other such losses caused to the CLIENT or to any third party.
The financial cumulative liability of Spot Image and/or its licensor is limited, in any case and for whatever reason and/or legal basis, to the price paid by the CLIENT to purchase the concerned PRODUCT.
9. Client's Use of the Website
CLIENT’s use of the WEBSITE shall be compliant with the legal information related to the WEBSITE contained on at the following web address: http://www.astrium-geo.com/na/1188-website-usage-terms-and-conditions . By using the WEBSITE, CLIENT declares that he has read and accepted this legal information, in particular The CLIENT represents and warrants that:
- he/she has the legal capacity to enter into a contract for any order placed on the WEBSITE;
- no false information is entered into on its personal account on the WEBSITE and during its use of the WEBSITE in general.
For any order placed through the WEBSITE, CLIENT shall create a personal account on the WEBSITE, CLIENT is responsible for ensuring that all information entered when creating his/her account is correct.
10. Collection and Processing of Personal Information
Any use of personal data, if any, will be made in compliance with applicable law. According to French law related to data protection promulgated on 6 January 1978, CLIENT is legally entitled to consult, correct and delete his personal data. To exercise his rights, CLIENT may contact our web content manager at the following address firstname.lastname@example.org
Spot Image may communicate CLIENT’s personal data to other companies, located within or outside the territory of European Union, for marketing and prospecting purposes, for the operation of Spot Image site and/or to permit the performance of CLIENT’s order. CLIENT may however ask us not to do so by contacting our web content manager at the following address: email@example.com
No CLIENT shall be able to claim an exclusive right of use on the PRODUCT.
The CLIENT commits, for a period of five (5) years from the date of issuance of Spot Image’s order confirmation or proposal, to consider confidential all information, of any nature whatsoever, which he may have obtained as a result of or in connection with Spot Image technical or commercial proposal or of the supply of any PRODUCT. The CLIENT guarantees Spot Image that his personnel and sub-contractor shall comply with and maintain the confidentiality of the said information. The non-respect of the confidentiality clauses linked to this contractual relationship shall lead to its immediate ipso jure termination, which the CLIENT shall be exclusively responsible for.
13. Force Majeure
Spot Image cannot be considered as failing to meet its contractual obligations if such failure is due to the occurrence of a Force Majeure event. Force Majeure event designates any occurrence beyond the reasonable control of Spot Image, of any nature whatsoever, and in particular all breakdowns or failure of a satellite, or the related ground system, natural catastrophes, bad weather, fires, collective work disputes, strikes, sabotage, embargoes, interruptions or delays in the transport or means of communication, war, acts, government agency decision or regulations issued by the French government, by civil or military authorities (including delays in the obtainment of authorizations or licences of any sort), by the U.N., which may occur as from the date of the order and would prevent its total or partial execution.
14. Termination Clause
Should whole or part of the price not be paid on the due date, or should any material conditions not be met, the supply of any ordered PRODUCT shall be cancelled ipso jure. In addition, the immediate termination of all orders can be decided and implemented by Spot Image. The advance payments paid on the price of the sales cancelled shall be retained by Spot Image without prejudice to any other dues, costs, interests or damages that the CLIENT may be ordered to pay.
15. Jurisdiction and Law Application
All controversies between the parties shall be settled under the arbitration of the Commercial Court of Toulouse.
The law applicable shall be French law.
16. Applicable End-user Licence Agreement
Upon full payment of the PRODUCT, the CLIENT is only granted rights to use the PRODUCT. Such rights are defined in the appropriate End-User License Agreement, available at the following address: http://www.astrium-geo.com/na/1165-legal-documents-and-supply-conditions. Any order implies the irrevocable acceptance of such applicable End-User License Agreement. Accordingly, Spot Image or its licensor shall remain the owner of any PRODUCT at all times.
17. Final Regulation
Should Spot Image not take advantage, at any moment, of any one of the regulations of the Conditions, this cannot be interpreted as constituting a renunciation or relinquishment, by Spot Image, of any one of its rights, nor shall it affect the validity of all or part of the Conditions, nor shall it constitute an obstacle to any future action by Spot Image. Any amendment or modification of the Conditions shall enter into force only after having been signed by the representative duly authorized by each of the parties.