Terms of sale

Purpose and scope

These terms of sale govern the sale of Kredits by KRAKEN HOLDING, French simplified joint-stock company (SAS), publisher of KrakenShield (“KrakenShield”), on the website krakenshield.eu. The company’s identification details are given in the legal notice.

Any order implies unreserved acceptance of the terms of sale in force on the date of the order, which prevail over any other document of the buyer. Use of the services remains governed by the terms of use. This translation is provided for convenience; the French version prevails.

Business customers

Sales are reserved for professionals acting on behalf of an organization (company, public body, association). Orders are placed from the customer area by an owner or administrator of the organization whose email address is confirmed; they warrant that they are authorised to commit the organization.

As these are contracts between professionals, the right of withdrawal provided by the French Consumer Code does not apply.

Kredits

• Kredits are prepaid units used for the platform’s services: audits, analyses, training and certifications. The Kredit cost of each action is shown before it is confirmed; it may change, the applicable cost being the one shown at confirmation.
• For an audit, Kredits are reserved during the analysis and only deducted if it succeeds; if it fails technically, they are kept.
• Kredits are not money: they bear no interest and can neither be refunded in cash nor transferred, except through the “Give Kredits” feature of the customer area.

Prices

Prices are shown in euros excluding VAT in the customer area shop (My Kredits): packs with volume pricing, or a free quantity beyond 100 Kredits at the unit price of the 100 pack. The applicable price is the one shown when the order is placed.

VAT is added according to the rules in force: French VAT for customers established in France; reverse charge by customers established in another EU Member State who provide a valid intra-community VAT number (Article 196 of Directive 2006/112/EC); outside the scope of French VAT for customers established outside the European Union. The amount including taxes is shown before payment.

Order and payment

• Payment is due in full when ordering, online, on the secure payment page of Stripe (Stripe Payments Europe, Ltd.), a licensed payment service provider. Card details are entered with Stripe and are never passed on to KrakenShield.
• The order is final once payment is confirmed. No discount is granted for early payment.
• If a payment is rejected or unjustifiably disputed, the sums due automatically bear late payment penalties at three times the French statutory interest rate, plus a fixed recovery fee of €40 (Article L441-10 of the French Commercial Code), and the corresponding Kredits may be withdrawn.

Delivery and validity of Kredits

• Kredits are credited to the organization’s account as soon as Stripe confirms the payment, usually immediately; for a delayed payment method, as soon as the payment is confirmed.
• Validity, from purchase: 1 month for 1 Kredit, 6 months for the 5 pack, 12 months for the 10 and 50 packs, 24 months for the 100 pack and for free quantities. The validity date of each lot is shown in My Kredits; a reminder may be emailed before it expires.
• Kredits that expire first are used first. Kredits not used by their validity date are lost, without refund.

Invoicing

An electronic invoice is issued for each purchase and emailed by Stripe on behalf of KrakenShield. When paying, the buyer enters the organization’s company name, billing address and, where applicable, VAT number, and warrants that they are accurate.

Cancellation and refunds

Purchased Kredits are neither taken back nor refunded, except in the event of a billing error, double payment, or lasting unavailability of the platform attributable to KrakenShield that prevents their use. Requests must be sent to contact@krakenshield.eu within 30 days of the purchase.

A full or partial refund withdraws the corresponding Kredits still available.

KrakenShield’s obligations and liability

KrakenShield uses reasonable means to ensure the availability and quality of the services; it is bound by an obligation of means. Audits and analyses record a state at a given time and do not guarantee the absence of vulnerabilities.

KrakenShield’s liability is limited to direct and foreseeable damage and may not exceed the amount paid by the organization for Kredit purchases in the twelve months preceding the event giving rise to it. KrakenShield is not liable for indirect damage (loss of business, revenue, data or reputation).

Suspension

In the event of fraud, unauthorized use of the services (in particular testing systems without authorisation) or a rejected payment, KrakenShield may suspend the account. Kredits obtained fraudulently are withdrawn without refund.

Personal data

Data relating to purchases is processed in accordance with our privacy policy.

Changes to these terms

KrakenShield may amend these terms of sale. The terms applicable to an order are those in force on its date.

Governing law and disputes

These terms of sale are governed by French law. The parties first seek an amicable solution; failing that, any dispute relating to their formation, interpretation or performance falls within the exclusive jurisdiction of the courts of the place where KRAKEN HOLDING’s registered office is located.