GENERAL CONDITIONS OF THE CONTRACT

Transcription

1 APPENDIX GENERAL CONDITIONS OF THE CONTRACT FOR USE OF SNCF RÉSEAU INFORMATION SYSTEMS 2017 Timetable version of December /16

2 TABLE OF CONTENTS FOREWORD 3 ARTICLE 1 : DEFINITIONS 4 ARTICLE 2 : OBJECT 5 ARTICLE 3 : ENFORCEABILITY OF THE CONTRACT FOR USE OF INFORMATION SYSTEMS 5 ARTICLE 4 : CONTRACTUAL DOCUMENTS 5 ARTICLE 5 : SERVICES INCLUDED IN THE PROVISION OF IS SERVICES 5 ARTICLE 6 : CHARGES FOR THE SERVICES OF IS SERVICES 7 ARTICLE 7 : IS SERVICE QUALITY OBLIGATIONS 7 ARTICLE 8 : MODIFICATION TO THE SCOPE OF THE SERVICES OF THE IS SERVICE 8 ARTICLE 9 : ADDITION, MODIFICATION OR CANCELLATION OF IS SERVICES 8 ARTICLE 10 : CONDITIONS FOR SUBSCRIBING TO/TERMINATING AN IS SERVICE 9 ARTICLE 11 : INVOICING AND PAYMENT CONDITIONS FOR AN IS SERVICE 10 ARTICLE 12 : RIGHTS GRANTED 12 ARTICLE 13 : USE BY SNCF RÉSEAU OF THE CUSTOMER'S LOGOS 12 ARTICLE 14 : SAFETY OF ACCESS AND INFORMATION 13 ARTICLE 15 : RESPONSIBILITY OF SNCF RÉSEAU 15 ARTICLE 16 : CUSTOMER LIABILITY 15 ARTICLE 17 : PROTECTION OF PRIVACY 15 ARTICLE 18 : SETTLEMENT OF DISPUTES/APPLICABLE LAW 16 ARTICLE 19 : ENTIRE AGREEMENT 16 ARTICLE 20 : NON-RENUNCIATION 16 ARTICLE 21 : INVALIDITY Timetable version of December /16

3 FOREWORD SNCF Réseau, hereinafter referred to as "SNCF Réseau", is in accordance with Decree No of 5 May 1997, amended by Decree No of 10 February 2015, concerning the role and articles of incorporation of SNCF Réseau, the railway infrastructure manager. In accordance with Article 13 of Directive No. 2012/34/EU of 21 November 2012 establishing a single European railway area, "Infrastructure managers shall supply to all railway undertakings, in a non-discriminatory manner, the minimum service package" referred to in Appendix II. This appendix describes these minimum services as including "[...] all other information required to implement or operate the service for which capacity has been granted." Article 3-I of Decree No on the use of the national rail network specifies that minimum services particularly includes "( ) the transparent and non-discriminatory treatment of infrastructure capacity requests on sections of the national rail network, ( ), traffic control, train movement management, communication and provision of information regarding train movements and all other information required to implement or operate the service for which the capacity has been allocated." Furthermore, as one of the components of the railway system, the information required to implement or operate the service must also satisfy the essential requirements described in Article 2.7 of Appendix III of Directive 2008/57/EU of 17 June 2008 on the interoperability of the rail system within the Community, namely "a minimum quality of service for passengers and carriers of goods". To this end, without being exhaustive, and in order to meet the requirements described in the directive mentioned above: databases, software and data communication protocols must be developed so as to guarantee as many options for exchanges between different Information System services and between different operators as possible, excluding confidential data of a commercial nature, information must be easily accessible to users, the methods of use, management, updating and maintenance of these databases, software and data communication protocols must ensure the efficiency of these systems and the quality of the service, the levels of integrity and sufficient reliability must be ensured for the storage or transmission of safety-related information. Today, there are two types of SNCF Réseau Information System services: Information System services developed by SNCF Réseau; and Information System services initially developed by the Infrastructure Department of SNCF (as it existed up until 1 January 2015), the historic railway undertaking in the days of a single network user. These Information System services may be expected in most cases to be further developed in order to cater to the needs arising from network opening but also to changes in operating conditions on the network. In the short term, they are available in their current form, with a degree of reliability and completeness directly ascribable to the context in which they were created Timetable version of December /16

4 In the face of such changes, SNCF Réseau is working: - to provide a full and structured response of Information System services, - and, at the same time, to develop its information systems with the aim of making them generally conform to the legal and regulatory requirements and in particular compatible with the provisions of the "technical specifications for interoperability relating to telematic applications". The complete information system (IS) has thus far not been designed with an open approach for all SNCF Réseau's customers. As a result, and for certain ISs, SNCF Réseau does not meet the requirements for partitioning ISs, required for data confidentiality. This non-conformity has been accepted by the railway undertakings and the authorised candidates in return for rapid availability. Having regard to the aforesaid, the following has been agreed: ARTICLE 1 : DEFINITIONS For the interpretation and performance of the Contract, the terms beginning with a capital letter, listed below, are defined as follows: - Information System service (IS service): designates all the IT support with which SNCF Réseau provides information to Customers; this may be through an application or a flow of data. - Minimum IS service: the IS service is deemed "minimum" when the information that it provides is strictly necessary for the service of the Customer. The provision of a minimum IS service includes the provision of the basic services under the conditions defined in Article The Customer may if necessary, and on request, benefit from additional services of the IS service. Whether an IS is considered minimum or not is specified, depending on the quality of the Customer, for each of the IS services in the catalogue of IS services. - Ancillary IS service: an IS service is deemed "ancillary" when the information that it provides is not strictly necessary for the service of the Customer. The provision of an ancillary IS service includes the provision of the basic services under the conditions defined in Article Services relating to the IS service: the services connected with IS services may include: - accesses to the service (or logins); - training courses; - general documents associated with the use of the IS service which includes, in particular, the list of functionalities and an explanation of the reference tables; - support, mainly technical, dedicated to the resolution of difficulties connected with the use of IS services. - Customer: all railway undertakings with the right to access the national rail network or all authorised candidates actually submitting infrastructure capacity requests and/or train paths Timetable version of December /16

5 - User: all natural persons authorised by the customer and in possession of an access code for an IS service. ARTICLE 2 : OBJECT In the specific framework of the Network Statement and in conformity with the official European and national documents, these general conditions for use shall set out the general conditions particularly of an administrative, technical and financial nature for use of the IS services as these are described in the catalogue of IS services in force and as made available for Customers by SNCF Réseau on the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website. These provisions are supplemented by other documents dispositions covered by the contract for use of information systems (hereinafter referred to as "the Contract"). ARTICLE 3 : ENFORCEABILITY OF THE CONTRACT FOR USE OF INFORMATION SYSTEMS The use of the IS services provided by SNCF Réseau by the Customer implies compliance with the provisions of the Contract. ARTICLE 4 : CONTRACTUAL DOCUMENTS The contractual relationship between SNCF Réseau and the Customer is governed by the following documents, listed in decreasing order of priority: - Request forms; - Special conditions (CPU SI); - Catalogue of IS services; - Catalogue of IS training courses; - These general conditions (CGU SI). All of these documents taken together constitute the Contract. In the event of contradiction between one or more of the provisions set out in any of the documents above, the document listed first will take priority. If a provision set out in a document listed lower down is not expressly mentioned in a document listed above it, it does not mean that the former contradicts the latter. ARTICLE 5 : SERVICES INCLUDED IN THE PROVISION OF IS SERVICES 5.1 Services associated with the provision of a minimum IS service SNCF Réseau associates the following services with the provision of a minimum IS service: - a set number of logins (or thresholds); these thresholds are established by SNCF Réseau depending on the volume of train path-km invoiced for the reservation charge for the previous timetable Timetable version of December /16

6 The different threshold levels applied to each minimum IS service are provided in Appendix 6.4 of the Network Statement. - an initial training course to ensure Users can handle the tool and specifying how to use the functionalities and/or a presentation of the data dissemination to ensure Users can perform data collection on a platform or the integration of data flows. This training course is intended for a maximum number (threshold) of the Customer's trainers. The maximum permitted number of trainers is established as a percentage of the threshold regarding access logins. It is provided for each minimum IS service in Appendix 6.4 of the Network Statement. The initial training is renewed under the same conditions in the event of changes to the minimum IS service considered by SNCF Réseau to be significant, in that it does not allow a user with full knowledge of the previous version and provided with appropriate documentation to use the new version of the service. - documents including, as a minimum, a user manual, a function note or a training support. The documents relating to each minimum IS service is available on the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website; - access to the dedicated support cell either by telephone on +33 (0) or by to supportclients.si@reseau.sncf.fr. This cell shall be available from Monday to Friday, from 8 am to 6 pm (except on public holidays), with the exception of the DSDM IS, for which the cell shall operate 24 hours a day, 7 days a week Further to the services listed above (basic services or minimum services), the Customer may request that SNCF Réseau provide services of the additional IS services under the conditions, in particular relating to prices, set out in Appendix 6.4 of the Network Statement. All service requests are made under the conditions set out in Article 10 below. 5.2 Services associated with the provision of an ancillary IS service All login or training course requests relating to an ancillary IS service shall be subject to a request under the conditions set out in Article 10 below. From the moment a first login is requested, SNCF Réseau associates the following services of IS services with the provision of an ancillary IS service: - documents including, as a minimum, a user manual, a function note or a training support. The documents relating to each minimum IS service is available on the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website; - access to the dedicated support cell either by telephone on +33 (0) or by to supportclients.si@reseau.sncf.fr. This cell shall be available from Monday to Friday, from 8 am to 6 pm (except on public holidays), with the exception of the DSDM IS, for which the cell shall operate 24 hours a day, 7 days a week Timetable version of December /16

7 ARTICLE 6 : CHARGES FOR THE SERVICES OF IS SERVICES 6.1 For each minimum IS service: - the basic services provided by SNCF Réseau to the Customer are included in the minimum services as defined in Article 3-I of Decree No ; - all other services, including services requested further to the basic services, are charged individually in accordance with the rates indicated in Appendix 6.4 of the Network Statement. 6.2 For all ancillary IS services, each service of the IS service is charged individually in accordance with the rates indicated in Appendix 6.4 of the Network Statement. ARTICLE 7 : IS SERVICE QUALITY OBLIGATIONS 7.1 SNCF Réseau obligations SNCF Réseau shall define and undertakes to meet the service quality levels for each of the following IS services: Doc explore, DSDM, e-brehat, e-houat, e-excalibur, Gesico, TCap, Miniscope, Olga, Rézoscope, See-Trains, Disco Consultation, and customer and partner (Clients et Partenaires) portal. The service quality levels are presented in the catalogue of IS services on the basis of the following indicators: Availability rate of the service Number of interruptions per month Maximum duration of one interruption for one month Cumulative duration of interruptions for one month Minimum prior notice to users for a scheduled interruption Availability rate of upstream data (where relevant) 7.2 Tool for monitoring service quality The indicators listed above are sent to the Customer each month, in the form of a service quality dashboard ("IS services weather report"), by before the 20th of each month for the previous month. The service quality is measured per indicator and all indicators combined. It is determined according to the number of indicators that have not been met: - "sun": all the indicators have been met - "cloud": only one indicator has been met - "rain": two indicators have not been met - "storm": three or more indicators have not been met 7.3 Compensation as a consequence of the failure to meet the service quality Only the service quality levels of "rain" or "storm" measured over a given month can give rise to the payment of penalties by SNCF Réseau, on the basis of the conditions and procedure described below Procedure for the calculation of penalties 2017 Timetable version of December /16

8 SNCF Réseau shall pay the Customer definitive and non-cumulative flat-rate penalties according to the following calculation procedure: In the event of "rain" for a given month, the penalty rate applied is 5% of the monthly IS charge invoiced (additional service) for the IS service concerned. In the event of "storm" for a given month, the penalty rate applied is 10% of the monthly IS charge invoiced (additional service) for the service concerned. The penalty amount paid by SNCF Réseau under the conditions of this contract is limited, for the duration of the timetable in question, to 5% of the annual IS charges invoiced to the Customer Procedure for the payment of compensation The amount of any penalties is established each month, on the basis of the above-mentioned and paid, for the calendar year, in Y+1. Payment of penalties by SNCF Réseau is dependent on the Customer sending an invoice to the following address: SNCF Réseau, service comptabilité fournisseur 92, avenue de France PARIS CEDEX 13. It is obligatory for this invoice to indicate the total amount of compensation due, which SNCF Réseau shall communicate to the Customer in April Y+1, at the same time as the invoice relating to IS access. Penalties are not subject to VAT. 7.4 Exceptions to the obligations SNCF Réseau shall not be obliged to pay penalties where the service quality is not met as a result of cases of force majeure, random occurrences and/or failures ascribable to third parties and/or failures ascribable to the Customer. ARTICLE 8 : MODIFICATION TO THE SCOPE OF THE SERVICES OF THE IS SERVICE If the scope of the services of the IS service is modified, any modification resulting in a change of the financial conditions shall be subject to an amendment to this Contract. ARTICLE 9 : ADDITION, MODIFICATION OR CANCELLATION OF IS SERVICES The IS services as defined in the catalogue of IS services shall be modified by SNCF Réseau to allow for developments in such IS services and new possibilities that can be made available in order to enhance the quality of the services afforded to the Customer: - by the integration of additional IS services, - or the replacement of IS services in cases where new IS services have been developed, - by the removal of IS services that have become obsolete, without these necessarily being replaced as such, - by changes in the technical or organisational aspects of IS services already rolled out. Any modification of the catalogue of IS services shall give rise to, as a minimum, a notification sent to the Customer via the customer and partner (Clients et Partenaires) portal of the SNCF 2017 Timetable version of December /16

9 Réseau website, an informing the Users and an SNCF Réseau information letter sent out to the IS officers. The Customer shall be informed within a minimum notice period, specified below, except in cases of emergency, especially connected to a change in regulation or an injunction by the traffic controller which does not permit compliance with this period of notice. The notice period is: - A minimum of six months before the date specified for the modification in the case of scheduled modifications to IS services or the removal of an IS service affecting the Customer's IS (modification of an interface, removal of an IS service); SNCF Réseau may consult the Customers in order to define a deployment time frame for the new IS service (replaced or modified) and a deadline for the continued operation of the original IS service (before modification or cancellation). - A minimum of three months before date specified for the modification in the case of scheduled modifications to IS services affecting the use of the service (modifications of existing screens, of navigation within the application, etc.). However, no notice period is applicable in the case of scheduled modifications to IS services that do not affect the service in place (addition of a service, modification of the graphic layout, etc.). Where an IS service is created or modified, its use is automatically governed by the provisions of the Contract. ARTICLE 10 : CONDITIONS FOR SUBSCRIBING TO/TERMINATING AN IS SERVICE 10.1 Conditions for access to the IS services IS services and their associated documents are available online via the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website, accessible via an identifier and a password. All requests for access to the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website are to be sent by supportclients.si@reseau.sncf.fr Conditions for subscribing to the services of IS services Login requests All requests for access (login) to an IS service are to be sent to supportclients.si@reseau.sncf.fr by the Customer's IS officer(s) nominated under the special conditions, using an order form (a template is available on the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website). The request is not recorded and processed by SNCF Réseau until after receipt of the order form, correctly filled in. SNCF Réseau shall then send the IS officer and the User a login (identifier and password) plus, where appropriate, the hardware needed to establish a connection, in application of the specific conditions specified in the catalogue of IS services Timetable version of December /16

10 Apart from those IS services for which a single login is temporarily provided per Customer, logins shall be granted to specific Users and shall be for their personal use only. Under these circumstances they may be neither shared nor loaned. As a result, the Customer shall be solely responsible in relation to SNCF Réseau for their allocation and for the use made of them by the designated User Training requests The training course ordering methods are defined in the catalogue of IS training courses available on the customer and partner (Clients et Partenaires) portal on the SNCF Réseau website Conditions for termination of access to the IS services Any request for termination of an access (login) must be addressed by to supportclients.si@reseau.sncf.fr by the Customer's IS officer. The period of cancellation of any access shall begin on the date of receipt of the request at supportclients.si@reseau.sncf.fr and are set out, for each IS service, under the conditions in the catalogue of IS services. ARTICLE 11 : INVOICING AND PAYMENT CONDITIONS FOR AN IS SERVICE The invoices drawn up by SNCF Réseau shall be paid in euros by the Customer at the latest by the deadline indicated in the written demand, in other words 40 days after the date of issue of the invoice. The Customer shall pay the sums due by bank transfer. Requests for payment issued by SNCF Réseau may be challenged by the Customer within a period of one year from the last date for their payment by sending a registered letter with acknowledgement of receipt, in accordance with the procedure described in Appendix 7 of the Network Statement. It should also be noted that, in the event of error, SNCF Réseau shall have one year counting from the date on which the invoice is issued in which to request additional payment upon presentation of corresponding corroborative documents specifying the amount of the additional payment Access (logins) Invoicing is performed annually in arrears (in April Y+1). As the rates are fixed for a timetable period, the calculation of the cost of accesses created or cancelled during the timetable period shall be performed pro rata temporis. For any access that is opened or cancelled during the month M, payment is due for the entire month. SNCF Réseau undertakes to communicate to the Customer by by the 20th of the month at the latest, for the preceding month (excluding August), a status report of the number of accesses open to IS services, by IS service concerned. In the absence of an established count for August, SNCF Réseau shall retain the number of accesses for each IS service that is most favourable for the Customer, based on the status reports for July and September Timetable version of December /16

11 Each status report may be challenged by the Customer within three calendar weeks of the date of receipt, via the form provided for this purpose on the customer and partner (Clients et Partenaires) portal of the SNCF Réseau website. The form, correctly filled in and signed by the IS officer, must be sent to If necessary, a new status report of the number of accesses will be sent back to the Customer. If the Customer does not raise a challenge according to the conditions described above, the Customer will be deemed to have accepted the access count. This period for any challenge does not replace the period for challenging invoices of one year specified above and described in Appendix 7 of the Network Statement Training The training courses on the IS services are charged continuously on the basis of the services provided, under the conditions defined in the catalogue of IS training courses Late or non-payment In the event of failure to make payment within 40 days of the date of issue of the invoice: - interest for late payment shall be automatically applied to the amounts outstanding without having to serve formal notice to this effect, the rate of such interest being equal to the main financing facility applied by the Central European Bank in force on the date of issue of the invoice, plus ten percentage points, this sum not being less than three times the legal rate of interest. This penalty will be calculated for each excess day from the last date when payment should have been made to the date when the sums are in fact settled. - the Customer will additionally pay SNCF Réseau a fixed compensation for recovery costs of 40 (forty) euros, in accordance with the provisions of Article D of the French Commercial Code introduced by Decree No of 2 October 2012 determining the amount of the fixed compensation for recovery costs in the commercial transactions set out in Article L of the Transport Code. Given the hypothetical case that there should exist an interval of more than two working days between the date of issue and the date of dispatch of the invoice and, in the event of payment by the Customer after the date when payment should have been made, no penalties shall be applied to the days in arrears relating to the interval between the aforementioned dates. Moreover, after formal notice has been served, without the requisite settlement having been made within 30 calendar days of receipt of such notice, SNCF Réseau may suspend access to the IS service for the Customer, the interest due for its part continuing to accrue. The cost of the services of the suspended IS service shall remain payable in full by the Customer. SNCF Réseau shall restore access to the IS service within 5 working days starting from the date of payment by the Customer of all sums due and the corresponding late payment interest. In the event of non-payment, the Contract shall be rightfully terminated by SNCF Réseau 15 calendar days after the receipt by the Customer of a recommended letter with acknowledgement of receipt. Notwithstanding such termination, SNCF Réseau shall be entitled to employ all legal avenues and means vis-à-vis the Customer to recover the sums due under the contract Timetable version of December /16

12 11.4 Adjustment in case of a lack of a train path request from the Customer In the event of a lack of a train path request invoiced by the Customer for the timetable concerned, the IS services (access, training courses) from which the Customer has benefited cannot be charged as minimal services and so shall be deemed to be complementary services billable according to the rates provided in Appendix 6.4 of the applicable Network Statement. ARTICLE 12 : RIGHTS GRANTED 12.1 SNCF Réseau shall guarantee the Customer the right to make use at his own convenience of the IS services to which he has access under this Contract. Making these IS services available does not grant any rights of ownership either of these IS services or of the data that they contain. SNCF Réseau hereby grants the Customer a non-exclusive, personal and non-transferable right of use of the IS services for his Users The Customer shall be entitled to consult, retrieve and re-use the data for his own business purposes and for the exclusive requirements of the performance of his railway activities, this entitlement in particular also extending to the information requirements of his own transport service customers, including, without being exhaustive, the transport organising authorities, all purchasers, the providers and partners used by the Customer for the operation of transport services. The customer hereby undertakes to guarantee the absolute confidentiality of any data that does not relate to his own activities and to which he may gain access. Without prejudice to the above provisions, the Customer shall refrain from all communication of the data to third parties whatever the nature of this data, whether free of charge or against payment. ARTICLE 13 : USE BY SNCF RÉSEAU OF THE CUSTOMER'S LOGOS As part of the use of SNCF Réseau's IS services, the Customer grants SNCF Réseau a nonexclusive and free right to reproduce and depict its logo, which will be depicted on the user pages of the IS service(s) used by the Customer, after it has been identified on the customer and partner (Clients et Partenaires) portal. This concession is made for illustrative purposes only; the logo will not be used by SNCF Réseau in any other context and will not be available to other Customers using SNCF Réseau's IS services. This concession is valid throughout the world for the complete duration of this contract for use of ISs. For all of the rights referred to above, the communication and related support vehicles are specifically digital support and the direct or indirect distribution via any means of telecommunication, or electronic, satellite or cable communication Timetable version of December /16

13 ARTICLE 14 : SAFETY OF ACCESS AND INFORMATION 14.1 Approach to safety Each of the Parties undertakes to apply an information safety policy intended to guarantee a reasonable level of safety for the technical infrastructure and information systems. SNCF Réseau is responsible for the definition and implementation of the safety policy applied to the IS service(s). On this basis, SNCF Réseau alone is authorised to give permission for any safety test, check or audit of these IS services. The Customer undertakes to not carry out research into vulnerability without the explicit and formal authorisation of SNCF Réseau Responsibilities Each Party is responsible for the safety of the network and the infrastructure that is operates, as well as the flow vehicles from their infrastructure to that of the other Party. On this basis: - SNCF Réseau is responsible for the definition and implementation of the safety policy applied to the network and vestibules provided for the Customer. - The Customer is responsible for defining and implementing its safety policy applied to the network and the infrastructure that it uses to connect to the SNCF Réseau network. SNCF Réseau reserves the right to interrupt or suspend, without notice, partially or totally, access to an IS service in the event that a threat to the safety of the IS services, infrastructure or the accessed or underlying networks has been detected or brought to the attention of SNCF Réseau. This interruption or suspension shall be considered a protective measure intended to prevent, limit or compensate the consequences of this threat, for its own networks and infrastructure or for the infrastructure of customers and partners or, more generally, for the service provided for these customers and partners. The Customer undertakes to guarantee a sufficient level of safety for the facilities used by its Users to access the IS services. SNCF Réseau shall not be held accountable if the safety of the Customer's infrastructure is compromised because the safety of facilities and software not provided by SNCF Réseau and necessary for the use or operation of the IS services is not sufficiently ensured. Where necessary, SNCF Réseau reserves the right to delete, without notice, all data submitted via the IS service or on the supporting infrastructure by one of the Customer's Users that contravenes this requirement Timetable version of December /16

14 14.3 IS safety officer The Customer's IS safety officer, hereafter called safety officer, is the SNCF Réseau contact person for issues associated with the safety of the IS services subject to this contract. He is the Customer's representative to the SNCF Réseau when it comes to any safety issues. The safety officer shall inform SNCF Réseau as soon as possible of all information relating to incidents that jeopardise or may jeopardise safety: - IS services subject to this contract - Infrastructure owned by SNCF Réseau or its partners contributing to the supply of these services - The users of these services He shall also indicate others incidents including, but not limited to: - Any vulnerability on the service of which he is aware - Any suspicion of an incident or a proven incident that could result in a user account being exposed or taken over - Any threat to the safety of interconnected facilities or, more generally, to the services, infrastructure or systems belonging to SNCF Réseau or any other partner or customer of SNCF Réseau that benefits from or contributes to the supply of the service Safety of facilities and infrastructure SNCF Réseau guarantees the Customer: - Safe access to the requisite IS services, via encryption of exchanges, in accordance with the obligations set out in the catalogue of IS services - The integrity of access and data, specifically via: o The implementation of access flow filter mechanisms enabling reasonable protection from known attacks through the Internet o The implementation of a safety policy This includes the implementation of systems intended to: - Keep the systems and applications up to date - Organise monitoring of significant vulnerabilities that could be discovered - Rapidly deploy remedial action appropriate to these vulnerabilities - Combat malicious codes - Manage and control access to these facilities, systems and applications 14.5 Quality of the data SNCF Réseau shall do its utmost to ensure that all the technical support resources at its disposition are deployed in order to ensure the reliable working of the said IS services. In return, the Customer undertakes, for its Users, to respect the exchange and input formats defined by SNCF Réseau. In particular, it shall strictly refrain from entering any executable code in the forms Timetable version of December /16

15 SNCF Réseau shall not be held responsible for any disruption to an IS service due to an incorrect entry by a User. ARTICLE 15 : RESPONSIBILITY OF SNCF RÉSEAU It shall be expressly agreed between the Parties that the quality of the data supplied by SNCF Réseau shall correspond to the status of the data contained in the IS databases available at SNCF Réseau at the moment when such data is supplied. SNCF Réseau shall do its utmost to ensure that all the technical support resources at its disposition are deployed in order to ensure the reliable working of the said IS services. SNCF Réseau shall not be liable for any failures arising as a result of cases of force majeure, random occurrences and/or failures ascribable to third parties and/or failures ascribable to the User. In addition, SNCF Réseau shall bear no liability for factors external to the IS services made available and, in particular the hardware, networks, etc. used to consult and/or retrieve data, even if it is SNCF Réseau that has recommended these items. Within the context of its protection and its legal obligations, SNCF Réseau is hereby obliged to track the operations and actions relating to information technology carried out on its systems by recording activity logs during the use of the IS services. ARTICLE 16 : CUSTOMER LIABILITY The Customer shall ensure that the IS services placed at his disposal are used in accordance with the provisions of this Contract. He shall be liable for the proper onward transmission to the Users of the lessons learned during training sessions in the different IS services provided by SNCF Réseau under this contract. The Customer shall not be liable for any failures arising as a result of cases of force majeure, failures ascribable to third parties and/or failures ascribable to SNCF Réseau and its providers. The Customer shall be solely liable for the interpretation and use of the information and data gleaned from the IS services placed at his disposal. The Customer shall be fully and entirely liable for the relations he has with his business partners, customers and all other third parties. ARTICLE 17 : PROTECTION OF PRIVACY In compliance with Act of Parliament of 6 January 1978, on information technology, files and freedom, all Users that have directly or indirectly given any personal details in order to subscribe to a given service shall have the right to consult and amend and, where applicable, reject the personal information relating to them. This right may be exercised by sending an to the following address: supportclients.si@reseau.sncf.fr Timetable version of December /16

16 ARTICLE 18 : SETTLEMENT OF DISPUTES/APPLICABLE LAW Any dispute between the Parties, as part of or as a result of the Contract, particularly with regard to its interpretation, performance, non-performance or cancellation, which cannot be amicably resolved within three (3) months of its occurrence, shall be submitted to the jurisdiction of the Paris law courts. These general conditions are governed by French law. ARTICLE 19 : ENTIRE AGREEMENT The provisions set out in the Contract shall constitute the entire agreement signed between the Parties setting out the rights and obligations of each under the terms of the Contract. It shall supersede all other agreements, written or verbal, all correspondence or proposals and all other provisions set out in documents previously exchanged between the Parties and relating to the subject of the Contract. ARTICLE 20 : NON-RENUNCIATION The fact that one or the other of the Parties may, at a given moment, not insist on the other Party making strict application of any one of the stipulations in this Contract shall under no circumstances be interpreted as meaning that the said Party has in any way renounced its right to execution of this obligation. ARTICLE 21 : INVALIDITY If one or several of the stipulations in the contract are deemed invalid or declared as such in application of a law, regulation or following a judgement by a competent court that has entered force (res judicata), the other stipulations shall retain their full force and scope, unless inseparable from the invalidated stipulation(s) Timetable version of December /16