General terms and conditions of sale
Terms applicable to services provided by Guillaume Devaux, sole trader (EI), trading as AUXIOMA, SIRET 423 152 099 00036, 57 Cours de la République, 76600 Le Havre, France, to business clients. This English version is provided for information; the French version prevails.
1. Scope
These terms apply to all services ordered by a business client: website design and redesign, e-commerce, application development, integrations, maintenance, managed hosting, SEO and consulting. The signed quote and any specific conditions take precedence over these terms.
2. Quotes and orders
Each service is subject to a detailed quote, valid for 30 days. The order is binding upon receipt of the signed quote and the agreed deposit. Any request outside the scope of the quote is subject to an amendment or an additional quote.
3. Prices and payment
- Prices are in euros excluding VAT; the applicable VAT, or the exemption statement provided for by the contractor’s tax regime, appears on the quote and invoice.
- Unless otherwise stated in the quote: 30% deposit on order, balance on delivery.
- Invoices are payable within 30 days of their issue date, by bank transfer.
- Any late payment automatically incurs penalties equal to three times the French statutory interest rate and a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code). In the event of non-payment, ongoing services may be suspended after a formal notice has remained unanswered.
4. Client obligations
The client provides in good time the content, access, information and approvals required, and warrants that it holds the rights to the elements it supplies (texts, images, trademarks, data). Delays in providing them postpone delivery dates accordingly.
5. Timelines, delivery and acceptance
The timelines stated in the quote are indicative. Upon delivery, the client has 15 days to report any defects in writing; failing this, or as soon as the work goes live at its request, the service is deemed accepted.
6. Warranty
Malfunctions reported within 3 months of going live and attributable to the work carried out are corrected free of charge. Changes, third-party interventions, updates of external software and misuse are excluded.
7. Maintenance and subscriptions
Maintenance, managed hosting and SEO contracts are concluded for the term stated in the quote and tacitly renewed for identical periods, unless terminated in writing with one month’s notice before the renewal date.
8. Intellectual property
Upon full payment, the client holds the exploitation rights to the specific developments and creations made for it, worldwide and for the full term of the rights. Pre-existing components, libraries and open-source software remain subject to their own licences. Unless the client objects in writing, the contractor may cite the work as a reference.
9. Liability
The contractor is bound by an obligation of means. Search rankings and commercial performance depend on external factors (search engines, competition, content) and cannot be guaranteed. The contractor’s liability is limited to direct damage and capped at the amount excluding VAT paid for the service concerned over the previous 12 months.
10. Personal data and confidentiality
When the contractor processes personal data on behalf of the client, it acts as a processor within the meaning of Article 28 of the GDPR, following the client’s instructions. Each party keeps the other party’s non-public information confidential. Client data is processed in accordance with the legal notice and privacy policy.
11. Force majeure and termination
Neither party is liable for a failure caused by force majeure. In the event of a serious breach by one party not remedied 30 days after formal notice, the other party may terminate the contract; services already performed remain payable.
12. Governing law and disputes
These terms are governed by French law. In the event of a dispute, the parties will first seek an amicable solution; failing this, the competent courts of Le Havre shall have exclusive jurisdiction.