Terms of service

Parties and purpose

These terms govern the use of Diwink Cloud, the online service for controlling and monitoring printing provided by Fikra Systems (“we”), whose full details are given in the legal notice. Together with the privacy policy, the data processing agreement and the plan chosen, they form the contract between Fikra Systems and the customer organisation (“the customer”).

Diwink Cloud is intended for organisations (companies, public bodies, institutions, associations) for their professional activity; it is not offered to consumers. The person who creates an organisation on Diwink Cloud, or who takes out a paid plan for it, declares that they have the authority to bind it and accepts these terms on its behalf. When a Fikra Systems reseller partner creates the organisation for its customer, the organisation’s owner, the person whose address the reseller gave, makes this declaration and accepts these terms and the data processing agreement on its behalf when setting up their account.

Paid plans are sold by Paddle, Fikra Systems’ reseller and the merchant of record for orders, or by a Fikra Systems reseller partner, as set out in “Fees and payment”; the service itself is provided by Fikra Systems under these terms.

The service

Diwink Cloud is the edition of Diwink hosted by Fikra Systems. It comprises the administration panel, available online, and the Diwink agent and the Diwink app, which the customer installs on its Windows PCs: the agent holds each print job until the organisation’s rules allow it (access to printers, quotas, blocks), and keeps applying the last rules it received when the service cannot be reached.

The contents of printed documents are never sent to Diwink Cloud: only the print metadata are (who, on which PC and printer, how many pages, when, and the decision), and the documents’ names if the organisation chooses to record them (this setting is off by default).

Diwink Server, the edition the customer installs on its own server, is covered by a separate licence agreement, shown when it is installed; it is not governed by these terms.

The service’s features are those described on this site and in the panel. Fikra Systems may change them.

Accounts and work e-mail address

Signing up requires a work e-mail address: addresses from public webmail services and disposable addresses are refused. The organisation created is the company’s, recognised by its domain name: only one organisation can be created per domain, and colleagues join it by invitation from its administrators. Fikra Systems may grant exceptions to these rules.

The person who creates the organisation is its owner; when a reseller partner creates it for its customer, the owner is the person whose e-mail address the reseller gave. Each account is personal: its holder keeps their password secret and may turn on two-step verification, which the organisation may require of everyone who opens its panel.

The customer is responsible for the accounts it invites, the roles it gives them and their use. It informs Fikra Systems without delay if it suspects that an account is being used by a third party. The information given when signing up and in the billing details must be accurate and kept up to date.

The Free plan

Every organisation has the Free plan, with no time limit: 5 seats, 5 PCs, 5 printers and 90 days of print history.

A Free-plan organisation with no activity at all (no print job, no sign-in to its panel) is notified by e-mail after 60 days, again after 80 days, and is then deleted after 90 days without activity (see the data processing agreement). Any new activity restarts this count. An organisation on a paid plan is never deleted this way.

Fikra Systems may change the limits of the Free plan; it informs the owners of the organisations concerned at least 30 days in advance.

Paid plans and seats

The paid plans, their limits and their prices are presented on the Pricing page. A plan’s price is set per seat, for a month or for a year.

A seat is needed for each user whose printing Diwink controls; an administrator who only uses the panel does not need one. The organisation’s owner automatically gets the first seat; the organisation’s administrators give and take back the seats, the owner’s included; a seat taken back still counts for 30 days after it was given, so that a seat does not pass from one person to another.

Each user prints with a single Windows account. A person may link their Windows account from the Diwink app at most once every 30 days; administrators can change it at any time.

The following print jobs are refused: those of users without a seat, on the managed printers; those of the PCs and printers added last beyond the plan’s limits, until the organisation removes some or buys more; and those of Windows accounts that belong to no user.

Fees and payment

When the plan is bought from a Fikra Systems reseller partner, its price, invoicing and payment are agreed with that reseller and the following paragraphs do not apply; the other clauses of these terms apply.

Paid plans are sold by Paddle (Paddle.com), Fikra Systems’ reseller and merchant of record: the order is placed with Paddle, which collects the payment, charges the applicable taxes and issues the invoices. The purchase is also governed by the Paddle Buyer Terms.

Prices are shown in euros (EUR) or US dollars (USD), excluding taxes; Paddle adds the applicable taxes at payment.

Payment is by card. The subscription renews automatically at the end of each period (a month or a year), at the price then in force, until it is cancelled: the card is charged at each renewal.

A change in the number of seats takes effect immediately: Paddle charges, or credits, the difference pro rata for the current period.

The customer may cancel from the Billing page of its panel: the subscription remains active until the end of the paid period, then the Free plan applies; the customer may withdraw its cancellation until that date. The card and the invoices are managed in Paddle’s customer portal, opened from the same page.

Refunds: the customer may ask for a payment to be refunded within 14 days of it, by writing to support (see the Contact page); Paddle refunds it, the subscription ends and the Free plan applies. After that, the paid period is not refunded.

Fikra Systems may change its prices; a new price applies from the next renewal, after the owner has been informed at least 30 days in advance.

End of a subscription and non-payment

A subscription ends at the end of the paid period when it has been cancelled, or at the end of the grace period when a period has not been paid. The organisation then returns to the Free plan:

• the owner and the users who printed most recently keep their seats, within the Free plan’s limit; the other seats are taken back, and for 7 days the owner may choose other users without waiting for the seats’ cooldown;
• the PCs and printers beyond the Free plan’s limits, the most recent first, have their print jobs refused;
• print history older than 90 days is deleted.

The organisation keeps its other data and may take out a paid plan again at any time.

When a renewal payment fails, the plan keeps working for a grace period of 14 days; it remains active if Paddle collects the payment during this period.

Suspension

Fikra Systems may suspend an organisation’s access to the service in the event of a serious breach of these terms, of a risk to the security of the service or of its other customers, or at the request of a competent authority. Except in an emergency, it informs the owner beforehand and gives them 7 days to remedy the breach.

During a suspension, the panel is no longer available and the PCs can no longer reach the service: they keep applying offline the last rules they received, within the limits of the organisation’s offline settings. The suspension ends as soon as its cause has gone. Non-payment does not lead to a suspension: it returns the organisation to the Free plan.

Term, termination and retrieval of data

The contract takes effect when the organisation is created and lasts as long as it exists. For an organisation a reseller partner creates for its customer, it takes effect when its owner accepts these terms while setting up their account; until then, the reseller answers for the organisation and for the plans it buys for it, under its partner agreement with Fikra Systems.

The customer may end it at any time: its owner asks Fikra Systems by e-mail (see the Contact page), from the address of their account. A paid plan under way ends at the end of its period.

Fikra Systems may end it in the event of a serious breach by the customer that is not remedied within 30 days of a formal notice, or if it stops providing Diwink Cloud, with 90 days’ notice.

Before the contract ends, administrators can export the print history and the reports from the panel (Excel files). At the owner’s request, Fikra Systems provides a full copy of the organisation’s database, in its original format (SQLite or PostgreSQL), within 30 days and free of charge.

When the contract ends, the organisation’s database is deleted within 30 days. Fikra Systems keeps what the law requires it to keep, such as its billing documents, and a record of the organisation’s existence, as described in the privacy policy.

When the contract ends, the customer uninstalls the Diwink agent and app from its PCs. While they remain installed, the PCs, which can no longer reach the service, apply their last rules offline: with the default offline settings, they refuse every print job once those rules are more than 7 days old.

Use of the service

The customer uses Diwink Cloud in accordance with the applicable laws, in particular employment law and the protection of personal data: it informs the people whose printing is controlled, decides on the rules applied and completes the formalities incumbent on it as controller (see the data processing agreement).

It is forbidden:

• to attempt to access the data of another organisation, or parts of the service not open to the customer;
• to circumvent the limits of its plan (seats, PCs, printers), in particular by sharing a seat between several people;
• to disrupt the service, or to subject it to load or penetration tests without Fikra Systems’ written consent;
• to decompile or modify the agent, the app or the panel, except where the law allows it;
• to resell the service or make it available to third parties without Fikra Systems’ consent;
• to store unlawful content in it.

Software installed on the PCs

Fikra Systems grants the customer, for the term of the contract and solely for the purposes of the service, the right to install and use the Diwink agent and app on its organisation’s PCs. The customer installs them according to the documentation and keeps them up to date: the service may refuse an agent version that is too old.

Availability and support

Fikra Systems uses reasonable means to keep Diwink Cloud available and working properly, without guaranteeing uninterrupted availability or any service level, whatever the plan. Support answers by e-mail (see the Contact page), on working days, as soon as it can.

During an update of the service, an organisation may be briefly unavailable: its PCs then keep printing offline with their last rules.

For any question, the customer contacts Fikra Systems by the means given on the Contact page.

Personal data

For the data the customer entrusts to Diwink Cloud about its users, the customer is the controller and Fikra Systems acts on its behalf, as provided in the data processing agreement, which forms part of the contract. For account and billing data, Fikra Systems is the controller, as described in the privacy policy.

Intellectual property

Diwink, its name and logo, its software, its panel and its documentation belong to Fikra Systems or its licensors; the contract gives the customer only the right of use provided in these terms.

The customer remains the owner of its data. It authorises Fikra Systems to host and process them to provide the service, and for no other purpose.

Confidentiality

Each party keeps confidential the non-public information of the other that it learns in connection with the contract, and uses it only to perform the contract, throughout its term and for 5 years after it ends.

Liability

The customer alone is responsible for the rules it sets (access, quotas, blocks), for their compliance with the applicable law and for the use it makes of the history and the reports.

The pages counted are those reported by the printer drivers, or counted by the agent in the data sent to the printer when the driver reports none: they may differ from the sheets actually printed.

To the extent permitted by law, Fikra Systems’ liability is limited to proven direct damage resulting from a breach of its obligations, and capped at the amounts the customer paid for the service in the twelve months before the event giving rise to it; on the Free plan, which costs nothing, it is excluded. Fikra Systems is not liable for indirect damage, such as loss of business, revenue or reputation.

Neither party is liable for a failure due to force majeure.

Changes to these terms

Fikra Systems may change these terms. It informs the owner of each organisation by e-mail at least 30 days before they take effect, and publishes the new version on this page with its date. A customer who refuses it may end the contract before that date; otherwise, the new version applies.

General provisions

If a clause of these terms is held invalid, the others remain in force. Failing to rely on a clause does not waive the right to rely on it later.

These terms are published in French, Arabic and English; in the event of a discrepancy, the French version prevails.

Governing law and disputes

These terms are governed by Algerian law. Failing an amicable settlement, any dispute relating to their formation, performance or interpretation is brought before the competent courts of Saida (Algeria).