CGV e-PdP | Nerya

TERMS OF SALES

[1]

[2]

Section 5.02

BY ACCEPTING THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE:

FIRSTLY,

"The client", signatory of "the proposal" (an estimate or a Technical and Commercial Offer),

AND :

"The Provider", NERYA

ON THE OTHER HAND,

Individually referred to as " Party ” and together referred to as “ Parts ”,

IT WAS PREVIOUSLY EXPOSED AS FOLLOWS:

The Customer wishes to use the SaaS with the Service Provider for the operation of the TracKs application.

The Client's objectives with regard to the operation of this web application are to manage work stoppages in a dematerialized and collaborative manner with the Intervening Companies on its site(s), for works. The expected gains: Productivity, Reliability, Knowledge management, possible systematic consistency with the work permits issued (interface with the e-PdP software).

It is in knowledge of the objectives pursued by the Client that the Service Provider offered its services in SaaS mode and issued a commercial proposal.[1].

The Service Provider is a supplier of Software as a Service, that is to say business applications rented online (known as a SaaS supplier). As such, it is the supplier of the Application Services designated below in the contract.

The Customer acknowledges having received from the Service Provider all the necessary information allowing him to assess the suitability of the Application Services to his needs and to take all the necessary precautions for its use.

However, as an IT professional and as part of its obligation to advise, the Service Provider will provide the Client with any recommendations necessary to optimize its choices and to cover the most appropriate of its needs.

THEREFORE, IT HAS BEEN AGREED AS FOLLOWS:

ARTICLE 1. OBJET

The purpose of the contract is to define the terms and conditions applicable to the Services ordered by the Customer.

The Service Provider consents to the Client, who accepts:

A right of access to the Service Provider's servers under the conditions defined below;
A right to end use of the Solutions;
A set of services defined below, in particular data hosting, maintenance of Application Services, technical assistance.

ARTICLE 2. DOCUMENTS CONTRACTUELS

The contract as well as the contractual documents cited in this article, constitute the entirety of the commitments existing between the Parties, hereinafter together the Contract.

The Contract is made up of the following contractual documents presented in hierarchical order of decreasing legal value:

The present document ;
Appendices to this document.

In the event of a contradiction between one and/or more provisions appearing in any of these documents, the document of higher rank will prevail.

The following documents form an integral part of the Contract:

[1] Offre Commerciale ( OC) – ref. XXXX-OC
[2] Charte Qualité ( SLA – SERVICE LEVEL AGREEMENT) – Consultation on request

It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in the Contract, whatever the frequency and duration may be, cannot constitute a modification of the Contract, nor be capable of creating any right.

ARTICLE 3. EFFET, DURATION AND RENEWALS

The effective date of the contract and its period of validity are defined in the OC[1]. The Contract will take effect from the commissioning of the software, i.e. a maximum of 1 month after the signing of the commercial proposal and its duration is fixed at 1 year.

The Service Provider shall notify in writing, at least 2 months before its term, the expiry of the Contract and the terms of renewal proposed to the Client.

In the absence of a response from the Customer within 1 month from the notification, the Contract will be renewed under identical conditions, unless the parties agree on a new functional scope for the Application Services in order to cover the Customer's needs.

ARTICLE 4. DESCRIPTION DES APPLICATION SERVICES

Section 4.01 APPLICATION SOLUTIONS

The Service Provider provides the customer with the TracKs software designated by the terms “Solution” or “Software” in this contract. The solution is accessible on its server via the Internet.

Under the conditions of the “Licence” article, the Service Provider grants the Client the right to use the Solution on a non-exclusive basis.

A 1-year warranty is given by the Service Provider from the date of access to the Application Services against any programming defect.

Beyond this period of 1 year, any intervention requested by the Customer may be invoiced on the basis of the tariff in force within the framework of the maintenance services provided for in article 8 of the Contract.

The Service Provider ensures the hosting of the Data, the maintenance and the security of the Solutions.

The Service Provider backs up the Data under the conditions defined in the Quality Charters[2].

The services are provided in accordance with the Quality Charter[2].

The services provided by the supplier to the customer include:

Section 4.02 ACCESS TO SOLUTIONS

The Service is accessible through a secure remote connection using an Internet connection address (URL) and an Identifier. It is the responsibility of each user of the Customer account to ensure that the password assigned by default is updated.

(a) availability and access to services

The Customer will use this right of access alone. He can connect at any time, with the exception of maintenance periods, namely:

Round the clock,
7 days on 7,
including Sundays and public holidays,
outside of maintenance periods.

Access is via a web browser. The list of compatible browsers is specified in the Quality Charter[2].

(b) Identifiers-Management Principles

Usernames and passwords are managed according to the following principles:

Client administrator account: The service provider creates the account(s) of the client's administrator(s). Each administrator receives an email including a temporary password generated by the software. He is invited to modify it during his first connection.
User account: an administrator can create user accounts by associating their email address. Each user receives an email including a temporary password generated by the software. He is invited to modify it during his first connection.

Section 4.03 The Network

The Customer chooses the operators and access providers to the Internet network. In this regard, he assumes full responsibility for this choice and for any failure of the latter.

As the Service Provider cannot be held liable for network line interruptions, it particularly draws the Customer's attention to the importance of the choice of the operator's product and in particular the backup option that it can offer by the installation of a parallel line in the event of a network interruption.

Section 4.04 HOW TO – USER SUPPORT

User support will be available, Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5.30 p.m. (GMT+1):

support@nerya.fr

Section 4.05 LICENSE

The Service Provider grants the Client a personal, non-exclusive, non-assignable and non-transferable right to use the Solutions, for the duration of the Contract and for the entire world. In particular, the license relating to the Solutions is only granted for the one and only purpose of allowing the Customer to use the Services, to the exclusion of any other purpose.

The Customer may only use the Application Services and the Solutions in accordance with its needs and their documentation. The right of use means the right to represent and implement the Application Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network. The right of use offers the customer a limited number of ACTIVE user accounts. This number is specified in the Commercial Offer[1]. Apart from the delivery of user access to subcontracting companies (EI, EU), the Customer may under no circumstances make the Solutions available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.

ARTICLE 5. OBLIGATIONS DU SERVICE PROVIDER

Section 5.01 DATA PROCESSING

The obligations referred to in this article are obligations of means.

The Service Provider is authorized to process on behalf of the Client the data necessary to provide the Service.

These measures will be identical for the Companies working for the Client. They will authorize the service provider to process on their behalf the data necessary for the service.

(a) GENERAL OBLIGATIONS

The Service Provider undertakes to:

process the Data only for the sole purpose(s) which is/are the subject of the Service
guarantee the confidentiality of the Data processed under this contract

(b) SUBCONTRACTING

The Service Provider uses a subcontractor for the storage of data and the provision of the Solution.

The subcontractor is required to comply with the obligations of this contract on behalf of and according to the instructions of the Client. It is the Service Provider's responsibility to ensure that its subcontractor provides the same, sufficient guarantees as to the implementation of appropriate technical and organizational measures, so that the Data Processing and the provision of the solution meet the requirements of this contract. If its subcontractor does not fulfill its obligations, the Service Provider remains fully responsible for the performance of the obligations of this subcontractor to the Client.

The Service Provider undertakes to implement the security measures listed in the Quality Charter[2].

(d) DATA OUT

At the end of the Contract, the Service Provider undertakes to keep the data for a period of 10 years and to destroy all of the Client's Data, in the production environment.

The Service Provider may possibly return a copy of the Customer's archived data if the latter so requests. In this case the Customer must justify his request in writing.

(e) GDPR – PERSONAL DATA

Within the meaning of the GDPR, the Service Provider is the Client's subcontractor; the Client being responsible for the processing.

(I) GENERAL OBLIGATIONS

The Service Provider undertakes to:

process Personal Data in accordance with the Customer's documented instructions set out in the Quality Charter [2]. If the Service Provider considers that an instruction constitutes a violation of the GDPR or any other provision of Union law or the law of the Member States relating to data protection, it shall immediately inform the Client. In addition, if the Service Provider is required to transfer Personal Data to a third country or to an international organization, under Union law or the law of the Member State to which it is subject, it must inform the Customer of this legal obligation before processing, unless the law concerned prohibits such information for important reasons of public interest
guarantee the confidentiality of Personal Data processed under the GDPR
ensure that persons authorized to process Personal Data under the GDPR:
- undertake to maintain confidentiality or are subject to an appropriate legal obligation of confidentiality
- receive the necessary training in the protection of Personal Data
take into account, with regard to its tools, products, applications or services, the principles of protection of Personal Data from the design stage and protection of Personal Data by default

(II) RIGHT OF INFORMATION OF PERSONS CONCERNED

It is the Customer's responsibility to provide the information to the persons concerned by the Processing operations at the time of the collection of the Personal Data.

If the client authorizes the service provider to do so, when a user first connects, the software will ask the latter to accept the provisions made by the client and the service provider in terms of GDPR before using the software. This charter proposed by the service provider will be, prior to the commissioning of the software, proposed for the signature of the customer. He will also give at this time the authorization to distribute the signed charter to any user who asks to consult it.

(III) EXERCISE OF PERSONAL RIGHTS

When the persons concerned make requests to the Service Provider to exercise their rights, the Service Provider must send these requests upon receipt by e-mail to the Client's Data Protection Officer and the Authorized Representative

(IV) PERSONAL DATA BREACH NOTIFICATION

The Service Provider notifies the Client of any Personal Data breach within a maximum of twenty-four (24) working hours after becoming aware of it, by email to the Client's data protection officer and the Authorized Representative. This notification is accompanied by any useful documentation to enable the Customer, if necessary, to notify this violation to the competent supervisory authority.

The notification contains at least:

the description of the nature of the Personal Data breach.
the name and contact details of the data protection officer;
the description of the likely consequences of the Personal Data breach;
the description of the measures taken or that the Customer proposes to take to remedy the breach of Personal Data.

Insofar as it is not possible to provide all this information at the same time, the information may be communicated in a staggered manner.

The notification to the data subject is made by the Customer, who alone is capable of assessing the risk to the rights and freedoms of a natural person.

(V) PERSONAL DATA OUT

At the end of the Contract, the Service Provider undertakes to keep the data for a period of 10 years. The data thus archived can be returned at the Customer's request. In this case the Customer must justify his request in writing. He will receive in return a copy of the archived data and the originals will be destroyed in the production environment.

(VI) DATA PROTECTION DELEGATE

The Service Provider's data protection officer is Mrs. Nathalie POUDEVIGNE,n.poudevigne@nerya.fr

(VII) REGISTER OF CATEGORIES OF PROCESSING ACTIVITIES

The Service Provider declares to keep a written register of all categories of processing activities carried out on behalf of the Client, including:

the name and contact details of the Client on whose behalf he is acting, of any subcontractors and, where applicable, of the data protection officer;
the categories of processing carried out on behalf of the Client;
in the express case of a legal injunction, the transfers of Personal Data to a third country or to an international organization, including the identification of this third country or this international organization and, in the case of the transfers referred to in Article 49, paragraph 1, second subparagraph of the GDPR, documents attesting to the existence of appropriate safeguards;
as far as possible, a general description of the technical and organizational security measures, including inter alia, as appropriate:
- pseudonymization and encryption of personal data;
- means to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- means to restore the availability of personal data and access to them within appropriate timeframes in the event of a physical or technical incident;
- a procedure for regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of the processing.

Section 5.02 CONFIDENTIALITY OF IDENTIFIERS

Identifiers are intended to reserve access to the Service for Users, to protect the integrity and availability of the Service, as well as the integrity, availability and confidentiality of Data.

Identifiers are personal and confidential. They can only be changed at the Customer's request. The Customer undertakes to make every effort to keep the Identifiers concerning him secret and not to disclose them.

The Client is entirely responsible for the use of his Identifiers. He will ensure that no other person not authorized by the Service Provider has access to the Service. In the event of loss or theft of one of its Identifiers, the Customer must notify the Service Provider without delay in order to jointly consider the appropriate measures. In the event of loss or theft of one of the identifiers, the Customer will use the procedure put in place by the Service Provider allowing him to recover his identifiers by e-mail.

Section 5.03 APPLICATION QUALITY

The Customer is informed of the technical risks inherent in the Internet, and of the access interruptions which may result therefrom. Consequently, the Service Provider will not be held responsible for any unavailability or slowdown of the Application Services. In addition, the Service Provider performs its services in accordance with the Quality Charter[2]. The Service Provider is not able to guarantee the continuity of the Application Services, executed remotely via the Internet, which the Client acknowledges.

The Service Provider undertakes to put in place effective controls such as to provide reasonable assurance that the Client can access and use the applications concerned at the times determined in theSection 5.02. “Service Availability”.

The Service Provider guarantees the implementation of the Application Services in accordance with the Quality Charter[2].

The Application Services may occasionally be suspended due to maintenance operations necessary for the proper functioning of the Service Provider's servers. In the event of interruption of the Application Services for maintenance, the Service Provider undertakes to comply with the operations procedure described below.[Section 5.04]so that the Customer can be informed as well as possible of the interruption, and that he makes his arrangements sufficiently in advance to avoid any disruption of his activity.

The Service Provider cannot be held responsible for the possible impact of this unavailability on the Customer's activities.

The Service Provider has in particular set up a redundant system allowing uninterrupted service.

Section 5.04 MAINTENANCE

The Service Provider is responsible for the corrective and evolutionary maintenance of the Solutions.

A telephone support service to deal with anomalies is available from Monday to Friday inclusive, from 9 a.m. to 12 p.m. and from 2 p.m. to 5.30 p.m. Anomaly reports must be confirmed by e-mail to the Service Provider without delay. The Service Provider proceeds to the diagnosis of the anomaly and then implements its correction.

The Service Provider is not responsible for maintenance in the following cases:

Refusal of the Customer to collaborate with the Service Provider in the resolution of anomalies and in particular to answer questions and requests for information;
Use of the Application Services in a way that does not comply with their intended purpose or their documentation;
Failure of the Customer to fulfill its obligations under the Contract;
Implementation of any software packages, software or operating system not compatible with the Application Services;
Failure of electronic communication networks;
Voluntary act of degradation, malevolence, sabotage;
Deterioration due to a case of force majeure or improper use of the Application Services.

However, the Service Provider may, if possible, pay for the resolution of malfunctions caused by the cases listed above, at the Service Provider's rate in effect on the date of the intervention.

The Customer benefits from updates and functional evolutions of the Application Services.

The Service Provider undertakes to transmit the updated documentation of the new versions of the Solutions.

Corrections and changes to the Application Services are included in the Contract.

Interventions relating to this service may make the service temporarily unavailable.

The Service Provider ensures that the upgrades and new versions of the Software will not lead to any regression of the Application Services in terms of performance and functionality.

The Service Provider will carry out antivirus updates regularly, only outside working days and hours.

In the event of a scheduled interruption, the service provider will proceed according to the following procedure:

D-15 working days minimum: notification of cut-off information with possible impacts
J: Procedure for maintenance operations
D to D + 1 working day: notification of end of maintenance work

Note: Security updates occur regularly and are applied without notification. They are transparent to users.

Section 5.05 TRAINING

At the Client's request, the Service Provider may provide conditions to be defined by mutual agreement for the training services.

Training may be offered by the service provider insofar as it identifies recurring problems of use by the customer apart from anomalies, within the framework of its intervention and technical assistance statistics.

These proposals may be made by the service provider in the form of commercial offers or e-mails to raise awareness of good practices.

Section 5.06 INSURANCE

The Service Provider has taken out the necessary insurance to cover the risks associated with the exercise of its activity. He undertakes to provide any proof to the Client, if the latter expressly requests it.

Section 5.07 WARRANTY OF EVICTION

The Service Provider declares and guarantees:

that the Solutions it has developed are original within the meaning of the French Intellectual Property Code,
that he is the holder of all the intellectual property rights which allow him to conclude the Contract.

The service provider declares and guarantees that the Solutions are not likely to infringe the rights of third parties.

ARTICLE 6. OBLIGATION DU CLIENTS

Section 6.01 PERSONAL DATA

The Customer undertakes, in accordance with the GDPR, to:

provide the Service Provider with the Personal Data necessary for the performance of the Service
document in writing any instructions concerning the processing of Personal Data by the Service Provider
ensure, beforehand and throughout the duration of the Service, compliance with the obligations provided for by the GDPR on the part of the Service Provider
supervise the Processing, including carrying out audits and inspections with the Service Provider

The Service Provider undertakes, in accordance with the GDPR, to ensure, beforehand and throughout the duration of the Service, compliance with the obligations provided for in appendix [4].PERSONAL DATA.

Section 6.02 USER MANAGEMENT

Identifiers are intended to reserve access to the Service for Users, to protect the integrity and availability of the Service, as well as the integrity, availability and confidentiality of Data.

Section 6.03 DATA EXPLOITATION

The Customer is solely responsible for the quality, legality and relevance of the Data and content that he transmits for the purpose of using the Application Services. He also guarantees that he holds the intellectual property rights allowing him to use the Data and content. Consequently, the Service Provider disclaims all liability in the event of non-compliance of the Data and/or content with laws and regulations, public order or the needs of the Client.

The Customer guarantees the Service Provider on first request against any damage that would result from its being called into question by a third party for a breach of this guarantee.

More generally, the Customer is solely responsible for the content and messages distributed and/or downloaded via the Application Services. The Client remains the sole owner of the Data constituting the content of the Solutions.

ARTICLE 7. CONDITIONS FINANCIERES

The amount and frequency of the subscription and the amount of any other services are detailed in the commercial proposal.

ARTICLE 8. REDEVANCES

The fees for the Services are indicated in euros and are exclusive of tax and fees.

The billing address is the Customer's address.

The following services are excluded from the fee and give rise to separate invoicing; they may appear distinctly in the commercial proposal.

training services,
technical assistance services,
And more generally all services not included in the SaaS offer.

Section 8.01 PAYMENT TERMS

Notwithstanding the duration of the commitment, the Services are invoiced annually upon renewal.

Section 8.02 PAYMENT DEFAULT

Without prejudice to any damages, failure by the Customer to pay an invoice on its due date automatically entails:

The application of late payment interest equal to three times the legal interest rate, without prior notice and from the first day of delay;
Bank and additional management costs (monitoring of collection, follow-up letters and telephone costs, representation of bank direct debit rejections);
Suspension on the second relaunch of the Services;
The automatic termination of the Contract within 10 days after the Service Provider has sent formal notice by registered letter with acknowledgment of receipt has remained unsuccessful.

ARTICLE 9. PROPRIETE

The Customer is and remains the owner of all the Data that he uses via the Application Services under the Contract.

The Service Provider is and remains the owner of the property rights relating to any element of the Application Services and Solutions made available to the Client, as well as, more generally, of the IT infrastructure (software and hardware) implemented or developed within the framework of the contract.

The Contract does not confer on the Customer any right of ownership over the Solutions. The temporary provision of the Solutions under the conditions provided for in the Contract cannot be analyzed as the transfer of any intellectual property right to the benefit of the Customer, within the meaning of the French Intellectual Property Code.

The Customer is prohibited from reproducing any element of the Software, or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

The Customer may not assign all or part of the rights and obligations resulting from the Contract, whether in the context of a temporary assignment, a sub-license or any other contract providing for the transfer of said rights and obligations.

ARTICLE 10. LIABILITY – FORCE MAJEURE

Section 10.01 _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ RESPONSIBILITY

Each of the Parties assumes responsibility for the consequences resulting from its faults, errors or omissions, as well as from the faults, errors or omissions of its possible subcontractors and causing direct damage to the other Party.

In addition, and in the event of proven fault by the Client, the Service Provider shall only be liable for compensation for the pecuniary consequences of direct and foreseeable damage resulting from the performance of the Services. Consequently, the Service Provider may not under any circumstances incur liability for indirect or unforeseeable losses or damages of the Client or third parties, which includes in particular any lost profit, loss, inaccuracy or corruption of files or Data, commercial prejudice, loss of turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, in connection with or arising from the non-performance or faulty performance of the services.

The Service Provider cannot, moreover, be held responsible for the accidental destruction of the Data by the Client or a third party having accessed the Application Services by means of the Identifiers given to the Client.

Section 10.02 _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ FORCE MAJEURE

None of the Parties may be held liable for any breach whatsoever of its obligations under the Contract, if such a breach results: from a governmental decision, including any withdrawal or suspension of authorizations of any kind , a total or partial strike, internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of telecommunications networks or electricity, an act of computer hacking or more generally any other event of force majeure presenting the characteristics defined by case law.

The Party noting the event must immediately inform the other party of its impossibility to perform its service.

The suspension of the obligations or the delay can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or penalties for delay.

TERMINATION

The Contract may be terminated automatically by one or more Parties 30 days after sending a registered letter with acknowledgment of receipt. It will indicate the reason and/or the failure(s) observed.

The reversibility services will be implemented in accordance with ARTICLE 12.

ARTICLE 12. REVERSIBILITY

In the event of termination of the contractual relationship, whatever the cause, the Service Provider undertakes to return free of charge, at the Customer's first request and within a maximum period of 40 days from the date of receipt of this request, a copy of all the Data in a standard format that can be easily read in an equivalent environment.

This service will be provided subject to full payment by the Client of the amounts due to the Service Provider.

The Service Provider will assist the Client at his request, under the conditions in force, on the interpretation of the Data.

It will delete, within a period agreed with the Client, all copies of the Data and Confidential Information in its possession.

The Client will actively collaborate with the Service Provider to facilitate the recovery of the Data.

ARTICLE 13. CONFIDENTIALITY

Each of the Parties undertakes to keep confidential all the information it receives from the other Party, and in particular to

not disclose the other Party's confidential information to any third party, other than employees or agents with a need to know it; And
only use the confidential information of the other Party for the purpose of exercising its rights and fulfilling its obligations under the terms of the Contract.

Notwithstanding the foregoing, neither Party shall have any obligation whatsoever with respect to information which

would have fallen or would fall into the public domain independently of a fault by the Party receiving them,
would be developed independently by the Party receiving them,
would be known to the Party receiving them before the other Party discloses them to it,
would be legitimately received from a third party not subject to an obligation of confidentiality, or
should be disclosed by law or by order of a court (in which case it should be disclosed only to the extent required and after written notice to the Party providing it).

The obligations of the Parties with respect to confidential information shall remain in force throughout the term of the Contract and for as long after its term as the information concerned shall remain confidential for the Party disclosing it and, in any event, for a period of 10 years after the end of the Contract.

The Parties also undertake to ensure that these provisions are respected by their personnel, and by any employee or third party who may intervene in any capacity whatsoever within the framework of the Contract.

ARTICLE 14. MISCELLANEOUS

The nullity, lapsing, lack of binding force or unenforceability of one or any of the stipulations of the Contract does not entail nullity, lapsing, lack of binding force or unenforceability of the other stipulations, which will retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).

The Contract is subject to French law, to the exclusion of any other legislation.

If the Contract is written in several languages or translated, only the French version shall prevail.

For the execution of these presents as well as their consequences, the Parties respectively elect domicile indicated at the beginning of these presents. Any change in the address of one of the Parties will only be enforceable against the other Party eight calendar days after it has been duly notified.

In order to jointly find a solution to any dispute that may arise in the performance of the Contract, the Parties agree to meet within 30 days of receipt of a registered letter with request for acknowledgment of receipt notified by the one of the two Parties.

IF AT THE TERM OF A NEW PERIOD OF FIFTEEN DAYS, THE PARTIES CANNOT AGREE ON A COMPROMISE OR A SOLUTION, THE DISPUTE WILL THEN BE SUBMITTED TO THE COMPETENT COURTS OF AIX EN-PROVENCE.

Seton 6.04