Terms and conditions 

General Terms and Conditions of Sale “France Web-Design”

  1. DEFINITIONS

General Terms and Conditions : Refers to these general terms and conditions
Contract : Refers to the legal agreement resulting from the Order Confirmation, the General Terms and Conditions and, where applicable, the Specific Terms and Conditions.
Term : Refers to the period of validity of the services, as defined in the Order Confirmation.
Services : Refers to the services ordered by the Client in the Order Confirmation.
Client : Refers to the client designated in the Order Confirmation.
France Web-Design: or “the service provider”. Trade name of the company SIRET no. 80834804900046 -P. LECAT
Parties : Refers collectively to “France Web-Design” and the Client.

  1. PURPOSE

The general terms and conditions of sale set out below detail the obligations and rights of France Web-Design and its clients in the context of making the following services available:

  • the creation of a website
  • the provision of a website
  • the management of a website’s hosting
  • the provision of an email support service
  • the SEO of a website
  • photographic creation

 

These general terms and conditions of sale are applicable between “France Web-Design” and the Client. Full and unconditional acceptance, without reservation, of the General Terms and Conditions, and where applicable of the relevant Special Terms and Conditions, shall be deemed given by the Client as soon as the Client has delivered by hand or by email to “France Web-Design” the order confirmation or offer signed by the Client. “France Web-Design” reserves the right to amend all or part of the General or Special Terms and Conditions at any time, with the amendments taking effect for any new order confirmation after they come into force.

  1. ORDER & SERVICES

The services offered by “France Web-Design” are grouped under various tailor-made offers. The parties agree on the arrangements best suited to the client’s needs and the duration of the contract is specified on the order form. The information provided by the client and intended to complete the order confirmation must be accurate, up to date and complete. The order form must be signed by the client and sent by email or post to “France Web-Design”, where applicable accompanied by the deposit paid by bank transfer or by card payment on the “France Web-Design” website. “France Web-Design” reserves the right to refuse the Client’s subscription to the Services, if it considers in particular that the client’s activity – commercial or otherwise – is contrary to applicable standards and regulations or to good morals, or for any other legitimate reason.
Foreign-language translations included in the “France Web-Design” offer are understood, unless otherwise specified in the offer / order confirmation, to be up to a maximum of 2000 words per language (texts provided in French by the clients or produced by “France Web-Design”). For any translation service exceeding 2000 words to be translated, the excess to be translated will be possible only as part of an additional order.

Once the offer has been accepted, “France Web-Design” builds the graphic base of the website which the client can view via a private link made available to them. If the proposed graphic base does not suit the client, the client will have a period of 6 days from the effective receipt of the private link to communicate their reasoned refusal, failing which the graphic proposal will be deemed accepted. Any refusals or requests for modification of the graphic base by the client may only be based on reasonable grounds. The client accepts that if the site project, despite complying with the integration requirements mentioned in the order confirmation, is not approved by them by the end of the 2nd graphic proposal made to them (4e graphic proposal in the case of the creation of a logo or business card), “France Web-Design” may cancel the order for the Services. In such a case, the Client may in no circumstances claim a refund of the sums paid or the payment of any compensation.

  1. SERVICE MAINTENANCE

“France Web-Design” reserves the right to temporarily interrupt accessibility of any part of the Services for maintenance, improvement or planned update reasons, and this without being liable to any guarantee or compensation and/or damages of any kind vis-à-vis the Client.

  1. COMMITMENT OF THE PARTIES

The client undertakes to:

  • Comply with the web hosting provider’s charter.
  • Publish on their site the information provided for by Article 43-8 of the law of 1 August 2000.
  • Not copy, reproduce, imitate, assign, transfer rights in any software that may be made available to them
  • Be solely responsible for the information published on their website.
  • Pay the price agreed in the contract upon signing the order form, then annually or monthly in arrears if subscription or continuity of hosting, domain name or maintenance services.

“France Web-Design” undertakes to:

  • Keep administrator access to the website for the duration of the contract
  • Inform the client of all difficulties – if any and of which they are aware – that may arise and do what is necessary to restore access to the site as soon as possible.
  • Provide technical support by email or telephone for the entire duration of the “support” contract – if the contract provides for it – by default (if not specified in the order) within the limit of 30 minutes of work per month, non-cumulative.
  1. ORDER MODIFICATION & AUTOMATIC RENEWAL

At the end of their initial term, all monthly contracts are tacitly renewed for a term equal to the initial term (unless otherwise stated in the offer), under the pricing conditions expressed in the order confirmation (unless otherwise stated in the offer). For any request to amend or terminate the contract, the client must first inform “France Web-Design” by email and then by registered letter no later than 60 days before the contract’s expiry date for a contract with an initial term of 12 months, 90 days before the contract’s expiry date for a contract with an initial term of 24 months or more. If no term is mentioned in the order confirmation, the initial term is 36 months for any monthly contract.

 

  1. TIMESCALES

    The timeframe for making the website available indicated in the offer is given for information only. This timeframe is estimated on the basis of client validation within 48 hours of the various creation stages submitted by the provider and validation of the first proposed mock-up. In the event of refusal of the mock-up, each new mock-up proposed to the client extends this estimated timeframe by 21 working days.

Any “reasonable” delay (less than 45 days) in making the service available may not give rise, for the client’s benefit, to the award of damages or to cancellation of the order.

By reciprocity, in the absence of written validation from the client within 45 days of a validation request originating from the provider, the latter may consider the website as validated and thus claim payment of the amounts due at the time the website goes live, considering that it has been delivered.

In the event of a defect in the performance of the services, the client must state all necessary reservations by letter. Complaints regarding an apparent defect or non-compliance of a service made available must be made in writing within seven days of the services being made available.

 

7.1 WITHDRAWAL PERIOD

The client undertakes to inform “France Web-Design” of any change of contact details relating to them.
According to Article L. 221-28 of the Consumer Code, the creation of a website by “France Web-Design” being “goods or services made according to the consumer’s specifications or clearly personalised”, the client cannot benefit from the legal 14-day withdrawal period. The client therefore expressly waives this right of withdrawal

 

  1. PRICING

“France Web-Design” reserves the right to change its prices at any time. However, the entity undertakes to invoice the services ordered at the prices indicated at the time an order is recorded.

 

 

  1. PAYMENT TERMS

Invoices must be paid by the due date indicated on the invoice (30 days maximum if no mention is made). In the case of ordering a photo portfolio, payment of the amount must be made before the day of the photo shoot.
For payments of monthly packs, the first payment is made pro rata for the month the site goes live, calculated up to the 2nd of the month, then monthly on the 2nd of each month. In any event, the first monthly instalment will be due no later than 45 days after the estimated website delivery date. Monthly contracts commit the client for the indicated term and then for the same term after each renewal.

Payments are made:

  • By automatic monthly payment via bank transfer or direct debit
  • By bank transfer (by default on the 2nd of each month)
  • By bank card on the “France Web-Design” website
  • For anti-fraud and logistical reasons, cheques are only accepted if it is impossible to pay by another method. Any payment by cheque incurs a processing fee of €20.

 

9.1 PAYMENT DEFAULTS

In the event of total or partial non-payment of the services invoiced by “France Web-Design”, reminder emails will be sent to the customer in the weeks following the due date, then a formal notice to pay by recorded delivery. Each reminder sent by recorded delivery is charged at €25.00. Failure to pay the invoice thirty days after the due date will result in the website being taken offline, with notification by email. The customer must then pay “France Web-Design” the amounts due as well as a late-payment penalty equal to the rate of the statutory interest in force before the site is republished, pursuant to Article L. 441-16 of the French Commercial Code, to be paid before the site is put back online.

This penalty is calculated on the amount of the sum remaining due and runs from the invoice due date.

Special arrangement for services carried out directly at the customer’s premises (example: photo or video pack): except in cases of force majeure (significant natural disaster or major incident at the premises), any cancellation by the customer will incur cancellation fees equivalent to 50% of the total price of the services that would have been performed at the customer’s premises, travel costs included.

 

  1. CONFIDENTIALITY

“France Web-Design” undertakes not to disclose any information likely to enable third parties to know, directly or indirectly, the confidential data of its customers, within the meaning of the Data Protection Act.

The customer is solely and exclusively responsible for the passwords required to use the services

The transmission of login IDs and passwords is considered confidential. Any suspicion of disclosure, intentional or not, of the passwords provided engages the customer’s sole responsibility to the exclusion of that of “France Web-Design”.

The email packs included with France Web-Design’s services imply that the provider is aware of the customer’s messaging access IDs and password. Customers’ mailboxes may be consulted by the provider for maintenance and bug resolution purposes only. In order to maintain total confidentiality of their emails vis-à-vis the provider, the customer will have the option of subscribing to a pro email pack with ‘’France Web-Design ‘’ and changing their password from the management interface.  

  1. LIABILITY

Although “France Web-Design” undertakes to do everything possible to ensure the IT security of the customer’s website, the entity disclaims all liability for any unlawful or fraudulent use of the passwords made available to the customer.

The customer assumes full responsibility for all texts, photos – or any other document that may be subject to copyright – on their website. “France Web-Design” may under no circumstances be held liable for unauthorised content, even when the document in question has been put online by “France Web-Design”, the customer declaring that they have re-read, checked and accepted the site content before it is put online.

The website creation offer from “France Web-Design” enables the customer to benefit from a website, and this as part of a purely technical service, without obligation of results.
As such, “France Web-Design” cannot be held responsible for the effectiveness, from a commercial point of view, of the Website.

Thus “France Web-Design” cannot be held responsible for the number of visits to the website, or its commercial profitability.

“France Web-Design” shall in no case be liable for a delay originating from causes beyond its control, such as in particular: the customer’s lack of cooperation, the delay or incomplete nature or non-compliance of the information or documents to be provided by the customer, or the weather conditions for photographs or videos produced by “France Web-Design” for the needs of the site. The customer acknowledges having consulted, prior to any order, the portfolio of “France Web-Design” creations in the relevant section, to get an overview of the provider’s artistic style.

The liability of “France Web-Design” cannot be incurred if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from an event of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

It is entirely up to the customer to terminate their contract in good time with their former provider for the domain name and web hosting.  

In the event of refusal to transfer the domain name or any other transfer complication arising from the former provider, ‘’France Web-Design’’ cannot be held responsible for the operation not being completed. 

During a domain name transfer, the email boxes linked to the domain (@thedomainname.extension) are copied, deleted, recreated and then the content reinserted. This is a procedure involving risks. Although ‘’France Web-Design’’ takes the necessary measures to preserve this content, it is the client’s responsibility to also back up their emails on their side before the transfer. ‘’France Web-Design ‘’ cannot be held responsible for the loss of emails or the loss of the email service arising from a transfer or from updating an email solution.

In the case of delivery of a photographic or videographic service,

All persons appearing in the videos and / or photos were recruited by the client, who assumes full responsibility for the distribution, in particular the rights that would arise from the use of their image

  1. HOSTING

Hosting refers to the technical resources and means made available to the client enabling them to publish and operate one or more websites. This is the annual rental of disk space on the server. « France Web Design » cannot be prosecuted for defects related to the server on which the client’s site is hosted.

‘’France Web-Design’’ subcontracts hosting services to the company OVH, SAS with share capital of €10,059,500, RCS Lille Métropole 424 761 419 00045, Registered office: 2 rue Kellermann – 59100 Roubaix – France.

The Parties agree that, as networks may have unequal transmission capacities and their own usage policies, no one can guarantee the proper functioning of the internet network as a whole.

 

  1. SEO, ADVERTISING

Search engines allow internet users to find the address of a site that interests them. The webmaster’s task consists of a manual submission to the main search engines (Google, Yahoo, AltaVista…) as well as, where applicable, to a certain number of directories, and the implementation in the source code of the pages of a certain number of keywords allowing search engines to index the site. He cannot be held responsible for the reactions of these companies. This is, for “France Web-Design”, an obligation of means and not of results. “France Web-Design” cannot guarantee the effective presence of the client’s site in search engines and directories.“<
France Web-Design” may use sponsored links in order to optimise SEO for its client.

 

  1. COMMERCIAL REFERENCES

The Client authorises “France Web-Design” to cite them by name among its commercial references, in particular on its website, as well as to reproduce and disseminate distinctive signs or the site on any medium of its choice for self-promotion purposes.

 

  1. RETENTION OF TITLE CLAUSE

« France Web-Design » retains ownership of the websites created until full payment of their price, principal and interest. Failing payment of the price by the agreed due date, ‘’France Web-Design’’ may take them back; the sale shall be cancelled as of right if ‘’France Web-Design’’ so wishes, and any deposits already paid shall remain acquired by it in consideration for the use of the website from which the buyer will have benefited.

 

  1. COMPETENT COURT

Any dispute relating to the interpretation and performance of these general terms and conditions of sale is subject to French law.

Failing an amicable resolution, the dispute will be brought before the Paris Commercial Court.

“France Web-Design” – creation of websites for tourism professionals, SEO and photography.

France Web-Design
128, Rue de la Boétie, 75008 Paris
+33 (0) 9 70 73 14 94

© 2019 France Web-Design