The ABC grants members acces to its Bilan Carbone® system and Système de Management des Gaz à Effet de Serre® (SM-GES®), of which it is the guarantor and owner.
This agreement governs the use and access to these systems, by a member, beginning on the the date of execution until December 31 of the current year.
To ensure the best use of the ABC’s systems, the member shall respect the rights and obligations stated hereafter:
I. Intellectial Property
The ABC is the exclusive owner of Bilan Carbone® system and all its contents, as well as the SM-GES®. The ABC shall remain the sole owner of all intellectual property rights pertaining to the Bilan Carbone® system and the SM-GES®, as well as those relating to any updates made by the ABC or its members.
II. Systems Terms of Access
2.1. General terms
Access to the systems is limited to organizations with at least one person trained in the Bilan Carbone® system and/or the SM-GES®. This trained employee shall be the only person authorized and recognized by the ABC to use its systems. As such, each trained person from the member organization shall have access to the download area.
The ABC may implement, at any time, advanced training programs regarding developments, applications, modifications and/or new modules for the systems.
The SM-GES® database is accessible to everyone through the downloads area. The SM-GES® tools and its associated logo are reserved for those who have completed the SM-GES® training.
The “SM-GES®” logo can only be used for products and services specifically linked to the SM-GES®.
2.3. The Bilan Carbone® system
The use of the Bilan Carbone® system is dependent on the following:
- Level 1 “Purchase of system database” allows the organization exclusive access to the Bilan Carbone® system for its own use;
- Level 2 “System Mastery” allows the Organization to use the Bilan Carbone® system on behalf of other organizations.
- Local Authorities Option: allows access to the System’s local authorities search version
- Educational Option: allows the System to be used by teachers
The ABC provides employees who have been trained with the following:
- All the software, graphic elements and files for the Bilan Carbone system
- The “Bilan Carbone” logo for the current year
- The “Bilan Carbone Expert” logo for the membership year, only for Level 2 trainees
- The Bilan Carbone® Local Authorites system tools for people who have registered for the local authorities specialization
III. Bilan Carbone® system user requirements
3.1. For everyone trained
The member shall agree to:
- Send a summary sheet or a Bilan Carbone® report to the ABC (available in the download area) to allow the association to follow-up on the use of its System;
- Keep the original “Bilan Carbone” logo affixed to the software, files and any Bilan Carbone® documentation that is provided by the ABC. The “Bilan Carbone” logos can only be used for products and services specific to the Bilan Carbone® system.
- Inform the ABC of any Bilan Carbone Territoire® assessment conducted abroad
3.2 For Level 1 trainees
A member who has only completed Level 1 training, may only use the Bilan Carbone® system for his or her own organization. Only the Level 2 training allows the Bilan Carbone® system to be used for other organizations or institutions.
3.3. For Level 2 trainees
In addition to their general obligations, members with a Level 2 trainee shall:
- Send the CBA a list of clients who have received a Bilan Carbone® assessment service during the month following the start of the assessment (see information sheet);
- At minimum, give every customer the files integrating the spreadsheets corresponding to the Bilan Carbone® search completed, inlcuding the “Bilan Carbone” logo for the current year and communication media;
- Offer any interested client membership in the ABC
IV. Warranties and liabilities
Except for mandatory legal warranties, the ABC shall not offer any member any further warranties regarding the use of the Bilan Carbone® system or the SM-GES®.
The ABC shall not be liable to a member, or any other person, for any damage, direct or indirect, material or immaterial, concurrent or in connection with the use of the Bilan Carbone® system.
V. Termination of the use of the Systems
In the event of non-compliance with this Charter, the ABC may terminate the right to use the Bilan Carbone® system or the SM-GES®.