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Preamble – Definition of terms
VersoCréa ‘is a personal affair in the liberal profession. Established at 13 rue de Lille in Marquette Lez Lille (59520), is specialized in the sector of design activities.
Article 1. Purpose – Scope
1.1 The purpose of the General Conditions is to govern the contractual relations between VERSOCRÉA and the CUSTOMER and to define the scope of the services offered by VERSOCRÉA.
1.2 The General Conditions apply to all services of any kind provided by VERSOCREA in countries all over the world. They take precedence over any other purchase condition, except for the express and formal waiver granted by VERSOCRÉA. They may be modified or supplemented if VERSOCRÉA establishes one or more contractual elements which, if need be, would constitute special conditions.
1.3 The fact for a natural or legal person, to order a service or product to the company VERSOCRÉA carries full acceptance of these terms and conditions of sale.
1.4 VERSOCRÉA may modify, update or rectify the present, in particular to take into account a legislative, regulatory, jurisprudential and / or technical evolution. VERSOCRÉA warns, as far as possible, its CUSTOMERS of any modification of its Terms and Conditions, on the home page of its website (accessible at the following URL http://www.versocrea.fr/). The update does not apply to services already performed or in progress, except for those whose remaining duration is greater than six months at the date of the change. In this case the last General Conditions are implemented between the parties.
1.5 In the event that any of the provisions hereof is deemed null or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and shall be so interpreted as to respect the original intent of the parties expressed in this document.
Article 2. Training and conditions of performance of the contract
2.1 The respective obligation of each party, to perform the service for VERSOCRÉA and to pay the service for the CUSTOMER, is born from the moment the CUSTOMER duly signed and returned by e-mail or mail the document (s) contractual ( s) issued by VERSOCRÉA or from the receipt of an initial deposit by VERSOCRÉA. If an estimate has been drawn up, the request for realization of the service described in the quotation implies acceptance by the CLIENT.
2.2 The CLIENT is aware that the project that is defined between the parties thus presupposes a close collaboration between the parties, a permanent dialogue in a spirit of trust and mutual respect.
The personal investment of the CLIENT in the creation of the project is essential otherwise a result that does not correspond to its expectations can not be the responsibility of VERSOCRÉA, as indicated in article 5.3 below.
2.3 VERSOCRÉA may decide to refuse, interrupt or modify the service and without compensation to the CUSTOMER or refund of deposit, as soon as:
the CLIENT does not pay the amounts invoiced by VERSOCRÉA;
the CLIENT does not demonstrate, or more, a sufficient pledge of solvency;
when the CUSTOMER does not present or more the necessary and specific skills for the complete realization of the service, either because the CLIENT expresses a systematic opposition to the advice and services provided by VERSOCRÉA, or because the CUSTOMER refuses to provide instructions or sources necessary for the definitive realization of the service;
when VERSOCRÉAconstate any act of piracy, fraud or non-compliance with the ethical, legal or moral rules of the profession, attributable to the CLIENT.
2.4 VERSOCRÉA reserves the right to make non-substantial changes to its services, without this jeopardizing the contractual links or the obligations between the two parties.
2.5 Any service of management of domain name, hosting, e-mail addresses in particular, is the object of an annual invoicing, on January 1st of each year. In case of interruption at the initiative of the customer, or transfer to another provider during the year of any of these services, the settlement is due for the whole of the current year .
2.6 No order for a service can be canceled without the express agreement of VERSOCRÉA. Otherwise, the CLIENT would be required to pay the full amount due to VERSOCRÉA.
Article 3. Prices – invoicing – deadlines
3.1 The price of the service is firm. It is stipulated TTC (VERSOCREA being in liberal profession, the VAT is not applicable, according to the article 293B of the General Tax Code) and expressed in euro (€) concerning the total amount to be paid.
3.2 Any order concerning the creation of a website and / or all media favoring the CUSTOMER’s visual communication shall be preceded by the payment of a 50% deposit. The realization of said order starts as soon as the deposit is paid. The payment of the deposit however does not authorize the CLIENT’s access to any form of property on all or part of the elements of the service which remains the exclusive property of VERSOCRÉA until full payment, as indicated in the article 7 hereof.
3.3 The terms of the offer relate exclusively to the services specified in the contractual elements. Any additional service not provided for on these will be subject to an increase equivalent to its value. Any additional services requested by the CLIENT after validation of the design and content provided by the service provider (addition of additional pages or functionalities) will result in the issuance of a new quote or endorsement. Refusal to pay such a service will entitle VERSOCREA to the cancellation and full payment of the sales contract, and compensation equal to the loss and / or the value of the additional service.
3.4 In the event of total or partial failure to pay the price of the service:
the CUSTOMER will have to pay a penalty of delay equivalent to one and a half times the rate of the legal interest, in application of the article L. 441-16 of the Code of Commerce. The rate of the legal interest is that in force on the day of observation of the deficiency. The penalty is calculated on the amount before tax of the sum remaining due, and runs from the due date of the settlement;
all services sold may be suspended if the CUSTOMER does not show up during reminders made by VERSOCRÉA. After formal notice by mail with request for acknowledgment of receipt, the sale may be resolved automatically for the benefit of VERSOCREA, the resolution taking effect two weeks after sending a formal notice remained unsuccessful. In this situation, VERSOCREA has the right to stop the services sold, to claim the return of the service or its compensation, the down payments received remain acquired. VERSOCRÉA is also entitled to apply in its favor the retention of title mentioned in article 7 hereof.
3.5 Any dispute or claim relating to invoicing must be sent by registered letter within ten days of receipt of the said invoice, failing which VERSOCRÉA no longer accepts any grievance.
Article 4. Delivery of the service
4.1 Except in the event of a VERSOCREA or CUSTOMER’s demonstration within two weeks of the scheduled delivery date, the delivery shall be deemed to have taken place on the dates and under the conditions laid down.
4.2 The CUSTOMER may request a postponement of delivery of a maximum of three weeks by sending a written request to VERSOCRÉA. However, no postponement of delivery date at the initiative of the CLIENT is accepted if the request is not made at least 48 (forty eight) hours before the scheduled delivery date of the service.
4.4 When the CUSTOMER does not transmit within the agreed time the necessary elements for the good performance of the service (sources, specifications, etc.), this fact has the direct consequence of delaying the realization and thus the delivery of the service by VERSOCRÉA. However, VERSOCRÉA can in no way be held responsible for a situation that it undergoes in the first place. Therefore, the CLIENT remains subject to penalty until the necessary elements are transmitted, or will be sanctioned in accordance with the provisions of article 2.3.
4.5 If at the delivery of the service, the CUSTOMER considers that the service does not comply with the order, he must within a period of two months from delivery, declare in writing the malfunction of defects he imputes delivery, and provide any justification as to the reality of these. In any case, the guarantee of a service concerns only the elements mentioned in the contractual elements. In particular, in the event of a complaint about a service that is essentially immaterial (website, management solution, business application, etc.), the specifications remain the reference document to which both parties must refer in order to assess whether the service complies with the specificities of the service. project. Only the elements mentioned in this document are considered as falling within the obligations of VERSOCRÉA. Failing presentation of the specifications, the obligations of VERSOCRÉA are strictly limited to a minimum consideration with regard to the services mentioned in the contractual elements. In this case, the CUSTOMER can only rely on a lack of performance of the service or one of its major components, the minor or already integrated elements being considered as fully completed.
Article 5. Obligations and responsibilities of VersoCréa
5.1 VERSOCRÉA is committed to providing all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. VERSOCRÉA only responds to an obligation of means which must in no way be equated with an obligation of result.
5.2 VERSOCRÉA is committed to:
intervene quickly in the event of a malfunction resulting from the lack of design or execution of its solutions;
maintain the quality of its tools at an adequate level;
make every effort to ensure the smooth running of the services acquired by the CLIENT under optimal conditions;
ensure the follow-up of the material benefits in the strict limit of the follow-up of the manufacturer’s guarantee.
5.3 Limitations of responsibilities
VERSOCRÉA can not be held responsible in case of:
Fault, negligence, omission or lack of maintenance of the CLIENT, non-compliance with the advice given:
In particular, when VERSOCREA performs site maintenance, it retains control over FTP access. However, when the customer has said FTP access, VersoCreate is automatically released from any liability for the unavailability of pages, the nature of the content (non-compliance with copyright in particular), the lack of display, deterioration Partial or total content of pages. VERSOCRÉA is in no way responsible for a malfunction resulting from misuse of the CLIENT or intervention of the CUSTOMER without authorization on the service provided by VERSOCRÉA.
Interruption of accommodation;
Fault, negligence or omission of a third party over whom VERSOCREAN has no supervisory control.
In particular, when VERSOCRÉA provides links to other sites, advertising banners or not, or by any other means, it can not be held responsible for content, products, services, advertising, cookies or all other elements of these sites as well as for any damage or loss, proven or alleged, consecutive or in connection with the use of information, services or data available on these sites;
Disclosure or improper use of the password given confidentially to the CLIENT;
Malfunction or slowdown of networks or the Internet as a whole.
Article 6. Intellectual property
6.1 Any item provided by the CUSTOMER is protected by intellectual property rights and remains his sole property. It declares to have all the rights and / or authorizations necessary, and guarantees VERSOCRÉA against any claim of a third party who claims to have an intellectual property right on any of the elements provided by him including all texts, images, logos , graphics, photos, audio or video, files, software, databases.
The CUSTOMER is the owner of the content ie information found on its website (logo, HTML pages, image files, sounds …), databases, customer files or others.
6.2 All creations of VERSOCRÉA remain its exclusive property, and VERSOCRÉA reserves the right to resell or use all or part of its creations. Thus, any software, business application, or other specific developments made for the CLIENT remains the property of VERSOCRÉA. The exploitation rights of these creations are thus ceded to the CLIENT only non-exclusive.
6.3 VERSOCRÉA gives the authorization to the CUSTOMER, during an intangible service to modify or improve the existing source code, with the imperative conditions not to resell or duplicate the sources. In this case the CUSTOMER is the only person responsible for the modifications or improvements and therefore can not in any way engage the responsibility of VERSOCRÉA as indicated in article 5.3 hereof.
6.4 When VERSOCRÉA acquires one or more domain names as part of an Internet service, these domain names are purchased in the name and on behalf of the CLIENT. The latter may at any time request the transfer to his own details of the ownership of the estates, subject to the payment to VERSOCREA of the sums due for the service for which the domain names were acquired and, more generally, the payment of the fees. all sums due to VERSOCREA. Failing this, the CUSTOMER enters the provisions of articles 3, 4 and 7 hereof and is exposed in particular to the resale or the non-renewal of the domains.
6.5 All the content of the VERSOCRÉA website is the sole property of VERSOCRÉA, and is protected by current legislation on copyright and intellectual property. Without prior agreement from VERSOCRÉA, it is forbidden to use, even partially, the content of the site.
6.6 Violation of these provisions may result in the cancellation of any order, notwithstanding the prosecution.
Article 7. Retention of title
7.1 VERSOCRÉA retains full ownership of the service and each of its elements, including intangible, until the effective payment of the full price and accessories and more generally until the total settlement of any billing due by the CLIENT to the company VERSOCREA.
7.2 In the event that a service is subject to a permanent interruption, whether it is at the initiative of the CUSTOMER or VERSOCRÉA, VERSOCRÉA has full discretion, after having informed its CLIENT, to sell, destroy, renew for its own account or that of third parties, or not to renew any asset included in the service.
Article 8. Use of references
8.1 The CLIENT authorizes VERSOCRÉA to use his name and to mention the services performed on his behalf for commercial purposes.
8.2 VERSOCRÉA reserves the right to mention its status as creator of the website, and to implement its logo on all services created for the CUSTOMER, particularly within websites.
Article 9. Confidentiality
9.1 VERSOCRÉA and the CLIENT undertake to keep confidential the information and documents concerning the other party, of whatever nature, to which the parties could have had access during the performance.
9.2 The preceding provision does not prevent VERSOCRÉA from reporting its commercial relationship with the CLIENT, as specified in article 8 above.
Article 10. Computer Law and Freedom
The customer expressly undertakes to ensure himself all the mandatory formalities to be performed with the CNIL (National Commission for Computing and Freedoms).
In accordance with the Data Protection Act of 6 January 1978 (Article 34), the CUSTOMER has a permanent right to access, modify, rectify and delete information relating to him.
Article 11. Cases of force majeure
The company VERSOCRÉA incurs no responsibility in case of non-performance or delay in the performance of one of its obligations if it results from an act beyond its control and which is beyond its control. Is considered as such, any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code and the case law of the French courts.
Article 12. Applicable law – attribution of jurisdiction
These General Conditions are subject to French law.
In case of dispute, and failing amicable agreement, the only jurisdiction recognized and accepted by the parties is the Commercial Court of Lille (59).