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Terms of Sale Pack Services Branchet Solutions

Branchet Solutions is a simplified joint-stock company with a capital of 10,000 euros, whose registered office is at 60 rue de la Chaussée d’Antin – 75009 Paris, registered with the Paris RCS under number 792 954 703.

Branchet Solutions, a subsidiary of Branchet, an insurance broker specializing in medical liability, has designed and developed a service and training activity available to health professionals.

Article 1 – Object

These general conditions of sale (GTC) are applicable to the marketing of the services of the company Branchet Solutions to its customers (Customers).

Article 2 – Availability / Enforceability and Modification of the GTC

2 -1 In accordance with the regulations in force, the GTC are systematically communicated to any person who requests them, to enable them to place an order with Branchet Solutions.

The T & Cs were made available to the Customer before the subscription to the Branchet Solutions Service Pack. They can also be viewed directly on the Branchet Solutions website.

Any subscription to the Branchet Solutions service pack implies, on the part of the Customer, the acceptance of these T & Cs.

2-2 These T & Cs may be modified by Branchet Solutions at any time, without notice, during the contract, it being understood that such modifications will not be applicable to current contracts. In this case, the new amended T & Cs will take effect on the day on which the Contract renewal takes effect.

The Customer must then, at the time of renewal, expressly accept the new version of these T & Cs when logging into the personal area open in his name on the site www.branchetsolutions.fr.

Article 3 – Description of Branchet Solutions Services

Branchet Solutions provides the Customer with a set of services defined below.

3.1 Branchet Assistance

This service is accessible 24 hours a day, 7 days a week for all customers who have subscribed to the Branchet Solutions service pack.

The call number (04.85.85.85.85) is given to the Customer when subscribing to the Branchet Solutions Service Pack. It also appears on the website: www.branchetsolutions.fr.

Medico-legal assistance:

Medico-legal assistance is a telephone number, available 24 hours a day, 7 days a week, allowing Customers facing a medico-legal emergency to communicate with a specialized on-call doctor.

Advice or recommendations adapted to the situation will then be offered to the Client in order to enable him to resolve, or attempt to resolve, a delicate and / or conflictual situation encountered in the course of the exercise of his professional activity, with the aim of avoid or limit, as far as possible, the risk of personal liability being called into question.

The recourse to Medico-Legal Assistance is unlimited for the Customer having subscribed to the Branchet Solutions Service Pack for the entire duration of his contract.

Branchet Solutions will endeavor to process the Customer’s call within an extremely reasonable time. Most calls are answered immediately. In the event that the on-call doctor is unavailable during the Customer’s call, Branchet Solutions agrees that he will be called back within a period that may not exceed 3 hours.

The advice given to the Client will only be confirmed in writing at the Client’s express and reasoned request or if the Branchet Solutions on-call physician considers it necessary in view of the situation presented to him.

Assistance in infectious disease:

The services offered by Branchet Solutions in terms of infectious diseases are divided into two levels:

The first level included in the contribution of the Branchet Solution Pack Services, called “Emergency in Infectious Diseases”;
A second level “Infectio Pack”, for which the subscription is offered in an additional and optional way.

In all cases, these services allow the Client to benefit from advice adapted to a given clinical situation, provided by infectious disease specialists specializing in the medico-legal field.

Level 1 service: “Emergency in Infectious Diseases”:

The objective of this level 1 service is twofold:

Help the Client to prevent the occurrence of an infection, improve the quality of the traceability of antibiotic prophylaxis and the supervision protocols, guide the therapeutic choices according to the given clinical situation;
Help the client manage the infection: improve diagnostic management and the conduct of antibiotic therapy.

The Customer may call an expert infectious disease specialist at any time, in order to find a solution to a vital emergency situation.

The Branchet Assistance “Urgence infectio” service undertakes to provide the Customer with a response within a maximum of 3 hours following their call.

Level 2 service: “the Branchet Solutions infectio pack”.

This level 2 service includes the following two services:

Written advice: the referring physician in infectious disease will send the Client a written opinion on the situation that the latter has submitted to him, within a maximum period of 2 working days, which will allow the Client in particular to have a traceability of events in the event of questioning of his personal responsibility;
The provision of a digital tool: this is a therapeutic guide in infectious disease called Antibiogarde ®. This prescription aid tool makes it possible to adapt each treatment to the clinical case presented (antibacterials, antivirals, antifungals, antiparasitics, proper use of antibiotics, etc.). Consultation of this tool by the Customer will be available on the Internet or via a downloadable application, which works on the main operating systems of mobile phones or tablets (Ios, Androïd, etc.).

The identifiers and access codes will be provided to the Customer upon subscription to this level 2 service.

 

This service is accessible 24 hours a day, 7 days a week for all customers who have subscribed to the Branchet Solutions service pack.

The call number (04.85.85.85.85) is given to the Customer when subscribing to the Branchet Solutions Service Pack. It also appears on the website: www.branchetsolutions.fr.

Medico-legal assistance:

Medico-legal assistance is a telephone number, available 24 hours a day, 7 days a week, allowing Customers facing a medico-legal emergency to communicate with a specialized on-call doctor.

Advice or recommendations adapted to the situation will then be offered to the Client in order to enable him to resolve, or attempt to resolve, a delicate and / or conflictual situation encountered in the course of the exercise of his professional activity, with the aim of avoid or limit, as far as possible, the risk of personal liability being called into question.

The recourse to Medico-Legal Assistance is unlimited for the Customer having subscribed to the Branchet Solutions Service Pack for the entire duration of his contract.

Branchet Solutions will endeavor to process the Customer’s call within an extremely reasonable time. Most calls are answered immediately. In the event that the on-call doctor is unavailable during the Customer’s call, Branchet Solutions agrees that he will be called back within a period that may not exceed 3 hours.

The advice given to the Client will only be confirmed in writing at the Client’s express and reasoned request or if the Branchet Solutions on-call physician considers it necessary in view of the situation presented to him.

Assistance in infectious disease:

The services offered by Branchet Solutions in terms of infectious diseases are divided into two levels:

The first level included in the contribution of the Branchet Solution Pack Services, called “Emergency in Infectious Diseases”;
A second level “Infectio Pack”, for which the subscription is offered in an additional and optional way.

In all cases, these services allow the Client to benefit from advice adapted to a given clinical situation, provided by infectious disease specialists specializing in the medico-legal field.

Level 1 service: “Emergency in Infectious Diseases”:

The objective of this level 1 service is twofold:

Help the Client to prevent the occurrence of an infection, improve the quality of the traceability of antibiotic prophylaxis and the supervision protocols, guide the therapeutic choices according to the given clinical situation;
Help the client manage the infection: improve diagnostic management and the conduct of antibiotic therapy.

The Customer may call an expert infectious disease specialist at any time, in order to find a solution to a vital emergency situation.

The Branchet Assistance “Urgence infectio” service undertakes to provide the Customer with a response within a maximum of 3 hours following their call.

Level 2 service: “the Branchet Solutions infectio pack”.

This level 2 service includes the following two services:

Written advice: the referring physician in infectious disease will send the Client a written opinion on the situation that the latter has submitted to him, within a maximum period of 2 working days, which will allow the Client in particular to have a traceability of events in the event of questioning of his personal responsibility;
The provision of a digital tool: this is a therapeutic guide in infectious disease called Antibiogarde ®. This prescription aid tool makes it possible to adapt each treatment to the clinical case presented (antibacterials, antivirals, antifungals, antiparasitics, proper use of antibiotics, etc.). Consultation of this tool by the Customer will be available on the Internet or via a downloadable application, which works on the main operating systems of mobile phones or tablets (Ios, Androïd, etc.).

The identifiers and access codes will be provided to the Customer upon subscription to this level 2 service.

 

3.2 Branchet Training

Subscription to the Branchet Solutions Service Pack gives access to training in the Branchet Training catalog.

Branchet Training aims to create and provide tailor-made training, developed by doctors for doctors.

These training courses are provided with high-tech equipment, and throughout France thanks to the Asspro Truck, or face-to-face, remotely, online.

Registration for training is done online from the Customer’s personal space on the website www.branchetontheroad.fr.

As access to training is included in the Branchet Solutions Services Pack, no additional registration fees will be charged to Customers who have subscribed to a Professional Civil Liability insurance contract with Branchet.

Any unsubscription from a Branchet Training session is done through Branchet Solutions after contact by email or phone.

3.3 Branchet Docs

Subscription to the Branchet Solutions Service Pack gives the Customer access to the Branchet Solutions online documentary database.

This access is made online from the Customer’s personal space on the website www.branchetsolutions.fr.

Branchet Solutions’ online documentary database includes:

The operational risk map established every two years by a group of recognized expert physicians in their field of activity;
Preoperative information sheets for a large number of referenced surgical procedures;
A model of the pre-anesthetic questionnaire that the Client can give to his patients for the pre-anesthetic consultation to which they will have to go;
The symptom sheet which allows a self-assessment of his symptoms by the This sheet is completed by the latter in the waiting room prior to the consultation. This document helps to define its state and can serve as a reference in the event of a possible discussion of the previous state in front of an expert.

3.4 Branchet Store

Subscription to the Branchet Solutions Service Pack allows the Customer to access the digital platform, Branchet Store, accessible on the Internet.

The Branchet Store makes it possible to identify and reference the applications and / or applications most relevant to the Customer’s professional practice. Only professional solutions are referenced in this Store, and relate in particular to improving medical practice, reducing professional risk, optimizing the patient journey, etc.

The use by the Customer of applications and / or applications offered on the Branchet Store is likely to give him the benefit of preferential insurance conditions with Branchet, since these applications and / or applications participate in prevention and good management of medico-legal risk.

Article 4 - Prices / Means and terms of payment

4.1 Tariff of services

Level 1 Service includes the following services:

24/7 medico-legal assistance;
Telephone assistance in the event of an emergency in infectious disease;
Psychological assistance;
Assistance related to Cyber issues;
Access to training provided by Branchet Training;
Access to documents on the Branchet Docs platform;
Access to Branchet

The amount of the annual flat-rate subscription for the Level 1 Service amounts to € 210 including tax / year.

Level 2 Service includes the benefit for the Customer:

The services of the Level 1 Service above and,
The services provided by the “Branchet Solutions infectio pack”.

The amount of the annual flat-rate contribution for the Level 2 Service amounts to 390 € incl.taxes / year.

4.2 Payment

The price is payable in full and in advance upon subscription by the Customer to the service (s) of their choice. Payment is made immediately, upon withdrawal of the first installment relating to the insurance contract taken out by the Customer with Branchet or at the time of the desired effect of the services. Payment is taken by Branchet on behalf of Branchet Solutions, without additional formalities for the Customer.

In the absence of payment within the allotted time, or rejection of a direct debit, any sum due will automatically and automatically bear interest at the rate of one and a half times the legal rate in force, from the day following the due date of said sum, and until its full payment.

Any delay will result in the payment of additional compensation of a lump sum of € 40 excluding VAT for recovery costs, in application of Articles L. 441-3 paragraph 4 and D. 441-5 of the Commercial Code.

Article 5 – Responsability

Branchet Solutions guarantees, in accordance with legal provisions, the Customer against any lack of conformity of the services and any hidden defect, arising from a design or supply fault of said services, to the exclusion of any negligence or fault of the Customer, ‘an insurmountable and unforeseeable fact of a third party to the contract or to force majeure.

Branchet Solutions can only be held liable in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind.

In order to assert his rights, the Customer must, on pain of forfeiture of any action relating thereto, inform Branchet Solutions, in writing, of the existence of the defects or breaches within a maximum period of one year from their discovery.

In any event, in the event that Branchet Solutions is held liable, Branchet Solutions’ guarantee would be limited to the amount of the annual contribution paid by the Customer for the provision of the services subject to the GTC.

Article 6 - Website

Branchet Solutions operates the website www.branchetsolutions.fr.

The Customer will have a personal space on said website from which he can access by means of a username and password provided to him by Branchet Solutions. The username and password are strictly personal and reserved for the use of the Customer. The latter undertakes to keep them confidential.

The Customer agrees in advance to comply with the conditions of use of said website, in the version applicable at the time of connection.

The Customer will be able to access online services 24 hours a day, 7 days a week, except in the event of force majeure or events beyond the control of Branchet Solutions, and subject to any breakdowns and necessary maintenance and updating interventions. the proper functioning of the site and the equipment.

The Customer is informed that Branchet Solutions’ online services may be suspended without notice every day between 10 p.m. and 6 a.m. and on Sundays for its maintenance operations and data updates.

All of the information made available to the Client by Branchet Solutions on the aforementioned website is protected by copyright and database law, in accordance with the provisions of the Intellectual Property Code. No functionality of the said site may be used by the Customer to infringe the intellectual property rights attached to the content of the said site.

Article 7 - Intellectual property rights

Branchet Solutions remains the owner of all intellectual property rights on all the content that appears on the website www.branchetsolutions.fr, for the purposes of providing services to the Customer.

The Customer therefore refrains from any reproduction or exploitation of this content without the express, written and prior authorization of Branchet Solutions which may make it conditional on financial compensation.

Article 8 - Duration

The Customer’s subscription to Branchet Solutions’ services comes into force at the same time as the Customer’s subscription to the civil liability insurance policy marketed by Branchet takes effect, for a period of one (1) year.

It is then renewed automatically on the anniversary date by tacit agreement, for a further period of one (1) year, except in the event of denunciation sent by one Party to the other Party with two (2) months’ notice.

If the Client has taken out Professional Liability insurance with Branchet, the Client’s membership in Branchet Solutions’ services will automatically terminate concurrently with the termination of the insurance policy taken out by the Client with Branchet. In the event of early termination of membership before the annual term for any reason whatsoever, no return of contribution will be due to the Client.

If the Customer has not taken out a Professional Civil Liability contract with Branchet, the membership will automatically end on the date mentioned in the contract.

Article 9 - Data processing and freedoms - right of access and rectification

9.1 Responsible for data collection

Branchet Solutions is a simplified joint stock company with a capital of 10,000 euros, whose registered office is at 60 rue de la Chaussée d’Antin – 75009 Paris, registered with the RCS of Paris under number 792 954 703 taken in the person of its Managing Director , Mr. Philippe Auzimour.

9.2 Purpose of data collection

Personal data collected from Customers is subject to computer processing carried out by Branchet Solutions. They are recorded in its Customer file and are essential for the execution of pre-contractual measures and the execution of the services provided for by the GTC.

This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the performance of the services and any applicable guarantees.

9.3 Data transfer

The data is transmitted to the partners of Branchet Solutions for a good follow-up of the commercial relationship.

9.4 Rights of the data subject

The data subject has the right to access, rectify, oppose and delete the data that they have just submitted to Branchet Solutions which can be activated with the General Management of Branchet Solutions:

  • By email: reclamation@branchetsolutions.fr
  • By mail: 60 rue de la Chaussée d’Antin – 75009 Paris.

Each rectification or modification will be notified to you by e-mail.

In addition, consent to the use of this data can be withdrawn at any time by making a request by any means at your convenience.

9.5 Data retention period

The data will be kept for at least the time of the commercial relationship. The Company reserves the right to keep the data provided by the customer three years after the end of any commercial relationship for the purpose of information and / or prospecting.

9.6 Right to lodge a complaint with a supervisory authority

The Customer, or any person concerned, is entitled to file a complaint with the CNIL: www.cnil.fr – CNIL – 3 Place de Fontenoy, 75007 Paris.

Article 10 - Lack of foresight

These General Conditions of Sale expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code for all services provided by Branchet Solutions to the Customer. Each of the Parties therefore waives its right to avail itself of the provisions of article 1195 of the Civil Code and of the unforeseeable regime provided for therein, committing to assume its obligations even if the contractual balance is upset by the circumstances. which were unpredictable when the partnership was entered into, even though their execution would prove to be excessively expensive and bear all the economic and financial consequences.

Article 11 - Force majeure

Branchet Solutions cannot be held responsible if the non-performance or delay in the performance of any of its obligations, as described in these T & Cs, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

Branchet Solutions will make every effort to prevent or reduce the effects of a breach of contract caused by an event of force majeure.

Moreover, if the event were to last more than ninety days from its occurrence, this agreement could be terminated, at the initiative of one or the other of the Parties by sending ” a registered letter to the other Party, without either Party being able to claim damages.

Article 12 - Confidentiality

Branchet Solutions undertake even beyond the termination of the contractual relationship, that the information collected during or on the occasion of the conclusion and execution of these presents, remain strictly confidential and this, whatever the nature of the information.

Branchet Solutions is strongly committed to ensuring that this safety obligation is respected by all of its teams and the people involved on its behalf.

Article 13 - Assignment / Subcontracting

Branchet Solutions may assign or transfer all or part of the rights and obligations that it holds hereunder to an affiliated company, on the condition of it being the guarantor of said obligations jointly and severally with said affiliate.

Branchet Solutions may subcontract all or part of its services, but will remain solely responsible for the proper execution of these conditions.

Article 14 – Complaints

For any complaint, the Customer has an amicable remedy with the Company.

The request can be sent by email: reclamations@branchet.fr or submitted by mail to the Managing Director of Branchet Solutions, 60 rue de la Chaussée d’Antin – 75009 Paris.

If the customer disagrees with the position adopted, the remedies available to him will be explained to him as part of the response.

Article 15 - Applicable law - competent courts and mediation

This contract and the GTC governing it are subject to French law.

In the absence of an amicable agreement, the Customer may refer to the competent French courts for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract.