terms and conditions of sale

ARTICLE 1 – SCOPE OF APPLICATION

This list is not exhaustive, and may change according to customer requirements.

“PROVIDER” means Julie CARBONNEAUX (JULIE WEB CONCEPT, which is her business name), micro-entreprise, SIRET 899 768 865 00011,
, whose registered office is 536 route de Chantemerle 74370 Annecy, (Haute-Savoie).

Mail: contact@juliewebconcept.com, phone: +33637285111.

“CLIENT” refers to any natural person of legal age or legal entity requesting the services of the SERVICE SUPPLIER.

“INTERNET SITE”: or “web site”, is the set of web pages and resources linked together by hypertext links, which the Internet user can access via a web address called Url, all registered under the same domain name. A website includes text and multimedia, and is hosted on a web server, which can be accessed via the Internet or intranet.

“CONTENT”: refers to all visual (photos, videos) and textual elements that the CLIENT wishes to publish on its website.

“NATURAL REFERENCING”: refers to the optimization of a website’s search engine ranking based on a study of keywords, as well as the monitoring of its positioning.

“HOSTING”: refers to storage space (on the web) for the publication of websites. These contents must be stored, not on a local computer, but on a powerful server connected to the Internet 24 hours a day. In this way, the website created is available online at all times, and the content can be consulted by users all over the world.

The hosting provider also ensures the security of all files stored on the servers. They install, update and maintain servers. They also offer server management, IT support and security solutions (anti-virus, anti-hacking, website backup, etc.).

“HOST”: means an external company not affiliated with the PROVIDER, offering hosting services.

“HOSTING MANAGEMENT AT O2SWITCH”: corresponds to the management of the annual hosting contract for the website with the hosting provider “O2switch”. The SERVICE SUPPLIER undertakes to deploy the website at the hosting company, to carry out all the technical maintenance required on a regular basis, and to optimize the website’s performance at o2switch.

“DOMAIN NAME: A domain name is a string of characters (e.g. prodomains) associated with an extension (e.g. .com, . fr…). It’s a familiar name associated with an IP address. Your domain name indicates the Internet address of your website. The SERVICE SUPPLIER registers the domain name on behalf of the CUSTOMER via the external service provider “O2switch”.

“CMS”: refers to the “content management system” used to create a website. The SERVICE SUPPLIER uses the WORDPRESS CMS.

“WEBSITE CREATION OR UPGRADING”: includes the design and production of a personalized graphic charter, the integration of textual and visual content supplied by the customer, and the website’s compliance for indexing by search engines. The content management system used is WordPress.

“WEBSITE EVOLUTION”: includes all textual and/or visual content to be modified on an existing site created or not by JULIE WEB CONCEPT.

“WEBSITE MAINTENANCE: includes all technical interventions that can be carried out on a website. It also includes updates to the WordPress CMS (= Content Management System), the theme used and the extensions used to format the website.

“PHOTOGRAPHY”: includes the taking of photographs on the CLIENT’s premises, as well as the reprocessing of these.

“SHOWCASE SITE”: means a website that presents the products and services of the owner’s business, without selling online. The aim of a showcase site is to provide an online presence for a company, a craftsman, a local authority and others, in order to acquire contacts, prospects and customers via the Internet. It often has a maximum of 5 pages, with a limited number of technical functions. (e.g. contact form, Google map, etc.).

“CATALOG WEBSITE”: designates a showcase site that presents its products in detail, but without the option of online purchasing. It will therefore have more pages. It could, for example, be a real estate agency website detailing its properties, or a training organization.

“E-COMMERCE SITE”: also known as a “merchant site”, refers to a website that enables visitors to order and/or pay for products and/or services online. The merchant has the opportunity to showcase his products and reach a much more targeted, and above all larger, audience than he could find in his real store. He will have more advanced functionalities enabling him to set different delivery rates according to product weight, for example, or secure online payment by credit card.

ARTICLE 2 – PURPOSE

The general terms and conditions of sale described below detail the rights and obligations of the SERVICE SUPPLIER and its CLIENT within the framework of the services listed below:

• Website creation, redesign or IT work on the WordPress CMS to upgrade an existing site.
• Technical maintenance (WordPress software, theme or extension updates)
• Home photo shooting
• Improved referencing
• Implementation and administrative and technical monitoring of a hosting solution (through an external service provider).
• Setting up the purchase of a domain name from an external provider.

Any service provided by the SERVICE SUPPLIER therefore implies the CLIENT’s unreserved acceptance of these general terms and conditions of sale.

ARTICLE 3 – DOMAIN NAME AND HOSTING

Website creation or redesign services exclude the purchase of domain names and hosting, which are the responsibility of the CLIENT.

However, the SERVICE SUPPLIER will include a hosting and maintenance offer (corresponding to the tranquillity 1* package) during the first year. From the second year onwards, these services will be at the CLIENT’s expense if it wishes to subscribe. The CUSTOMER is free to choose his supplier and may refuse this offer from the first year or thereafter.

ARTICLE 4 – NON-SUBSCRIPTION TO THE FREE ONE-YEAR “TRANQUILITY = MAINTENANCE + HOSTING” OFFER

If the CUSTOMER refuses the free option when creating a site, or following its non-renewal in year N+1, the SERVICE SUPPLIER’s responsibility for the CUSTOMER’s Internet site is completely waived.

The cost of hosting by an external service provider, as well as updates to the WordPress CMS, theme and any modules installed on the website, are the responsibility of the CLIENT. Given that the CLIENT is the sole administrator of his or her website, and that he or she may make mistakes, the stability of the website is not guaranteed over time.

If no maintenance contract is taken out by the CLIENT, and in the event of a technical problem, or if the site has to be reinstalled on the hosting server, a new estimate will be drawn up by the SERVICE SUPPLIER to resolve and repair the problem identified. The CLIENT is free to accept this estimate or to choose another supplier.

ARTICLE 5 – RIGHT OF PUBLICITY

5.1. References

The CLIENT authorizes the SERVICE SUPPLIER to quote its name and company name, as well as its URL and screenshots of its web pages, as references for the SERVICE SUPPLIER’s commercial promotion.

The CLIENT is informed that a link to its site will be created from the SERVICE SUPPLIER’s site, thereby increasing its visibility in search engines. The CLIENT may object to this measure by writing to the SERVICE SUPPLIER.

5.2. Footnote

The CLIENT agrees to accept the discreet mention “Création JULIE WEB CONCEPT” at the bottom of each page of its website, accompanied by a link to www.juliewebconcept.com and possibly a logo, for the duration of the commercial relationship.

ARTICLE 6 – CUSTOMER LIABILITY

The CLIENT assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered by the SERVICE SUPPLIER, as well as for the use made of it, and in particular for its compliance with current regulations. It also guarantees that it is the owner of the rights necessary for the exploitation of all the creative textual and iconographic elements supplied by it to the SERVICE SUPPLIER within the framework of its mission, and guarantees the SERVICE SUPPLIER against any third-party claim relating to the infringement of the rights to these elements.

The CLIENT is solely responsible for the content of its website, all information communicated, its use and updating, as well as all files, particularly address files. Consequently, the SERVICE SUPPLIER may not be held responsible for the content of information transmitted, disseminated or collected, its use and updating, or for any files, particularly address files, for any reason whatsoever.

Before transmitting a graphic or textual element to the SERVICE SUPPLIER for the proper performance of the contract, the CLIENT must ensure that it has all rights to reproduce and use this element. The CLIENT is solely liable in this respect.

The CLIENT is civilly and criminally liable for the morality and respect of laws and regulations, in particular those concerning the protection of minors and respect for the human person, as well as for his or her personal data and the rights of third parties, in particular intellectual property rights, and for all data communicated. The CLIENT undertakes to respect the universal principles of Internet use.

The CLIENT undertakes not to propose pages, texts, images, sounds, videos or other animations that do not comply with French legislation. The CLIENT undertakes not to use hypertext links pointing to sites or pages that contravene French or international law, or that may damage the SERVICE SUPPLIER’s image.

The CLIENT must not, in any way whatsoever, for example through advertising banners, infringe the law, public order, morality and/or the rights of third parties (trademark law, copyright, protection of minors, protection of databases, etc.). In particular, the CLIENT undertakes not to offer pornographic content, nor to offer or allow to be offered commercial services of a pornographic and/or erotic nature, or which are manifestly illicit or contrary to public order (violence, incitement to racial hatred, supply of products or services strictly prohibited in the territory, etc.).

The SERVICE SUPPLIER declines all legal and moral responsibility if the CLIENT has misled the SERVICE SUPPLIER as to the future content of the site contrary to morality or with illegal content, whether during or after the mission. If a CLIENT orders such a service without the SERVICE SUPPLIER’s knowledge, the SERVICE SUPPLIER reserves the right to disclose any information to the police and the courts. The CLIENT will be liable for the immediate payment of a contractual penalty of 3800 (three thousand eight hundred) EUR per violation observed, this payment not being exclusive of a legal claim for damages. It is hereby specified that the CLIENT shall pay the penalty as many times as the number of violations that may have occurred. The CLIENT shall immediately remove any reference to the SERVICE SUPPLIER on its website.

If the website allows the collection of private and personal information, the CLIENT undertakes to comply with all legal and regulatory requirements in force according to :

– On the one hand, the General Data Protection Regulation (GDPR) that came into force on May 25, 2018. (A European regulatory text that frames data processing on an equal footing throughout the European Union).

– and the French Data Protection Act of 1978, which lays down rules for the collection and use of data on French territory.

ARTICLE 7 – COMMITMENTS OF THE SERVICE PROVIDER

Within the framework of an obligation of result in the execution of the contract, the SERVICE SUPPLIER undertakes to :

-Design and put the website online, in accordance with the quote accepted by the CLIENT;

-Take the necessary care to provide a quality service;

-Keep the CLIENT regularly informed about the progress of the contract;

-Preserve the confidentiality of all information and documents it may hold as a result of the performance of the present contract;

-To ensure the confidentiality of the information hosted and not to communicate it to any third party, with the exception of O2SWITCH which hosts the site, even if the present contract comes to an end or is terminated.

-Secure customer data and perform daily backups through the hosting contract between 02SWITCH and the SERVICE SUPPLIER. The SERVICE SUPPLIER cannot be held responsible for any partial or total loss of data due to a malfunction of the O2SWITCH hosting services.

ARTICLE 8 – CUSTOMER COMMITMENTS

On acceptance of the quotation proposed by the SERVICE SUPPLIER, the CLIENT undertakes to draw up a set of specifications defining the exact nature of the service required, together with a delivery schedule specifying the dates on which progress will be made between the SERVICE SUPPLIER and the CLIENT.

ARTICLE 9 – QUOTATION

Quotations issued by the SERVICE SUPPLIER are valid for one month from the date of issue. They may be revised, in particular to take account of changes in the customer’s requirements.

ARTICLE 10 – PRICES

The prices of the services sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. As the SERVICE SUPPLIER is a micro-enterprise, prices are exclusive of tax.

Prices for services may change at any time, except in the case of quotations that have been accepted, signed and returned to the SERVICE SUPPLIER.

For annual maintenance + hosting contracts, the CLIENT is informed of the new price in the 1st renewal notification e-mail, sent thirty (45) days before the anniversary date. The CLIENT is free to decide whether or not to renew the contract.

In the event of subscription to a “Tranquillity 2**” or “Tranquillity 3***” maintenance + hosting package during the^1st year, the price proposed in the quotation will be reduced by the price of the free offer corresponding to the “Tranquillity 1*” package. As a result, all customers who have subscribed to a website creation contract with the SERVICE SUPPLIER will be able to benefit from the price reduction offered by the one-year free offer.

Any additional requirements that modify the initial specifications will be subject to a supplementary quotation, which must be approved and signed by the CLIENT.

ARTICLE 11 – BILLING

Upon acceptance of the services, the CLIENT will complete and sign the quotation, which will act as an Order Form. Payment terms are as follows:

11.1 Website creation or redesign, ancillary services (Photo, natural referencing, site evolution)

– 50% deposit on order

– The balance must be paid no later than 30 days after receipt of the finished product, i.e. when the site is officially put online.

11.2 “Tranquillity = maintenance + hosting” package

100% payment before the start of the annual contract.

Payment before expiry of previous maintenance + hosting contract.

The SERVICE SUPPLIER will send an e-mail specifying the expiry date of the maintenance + hosting contract, no later than 45 days before the termination date. A^2nd reminder will be sent by e-mail on D-30 of the contract termination date. The CLIENT will be required to reply by e-mail before D-15 days of the contract termination date whether or not he wishes to renew his annual maintenance + hosting package.

In the event of contract continuity, the CLIENT will be obliged to pay the full amount noted on the corresponding quotation, no later than 15 days before the expiry date of the previous contract.

Any incident and/or late payment on the due date will result in suspension of services following reminders from the SERVICE SUPPLIER.

Payment can be made by cheque (payable to Julie Carbonneaux) or bank transfer.

ARTICLE 12 – LATE PAYMENT PENALTIES

In application of law n°92-1442 of 31.12.1992, any payment made after this date will automatically incur late payment penalties equal to 13% of the amount excluding VAT. By decree n°2012-1115 of 2.10.2012, in the event of late payment, the fixed indemnity is set at 40 euros. In the event of late payment, the SERVICE SUPPLIER reserves the right to suspend or cancel orders in progress, and to demand payment of all its debts due or to become due, ipso jure.

ARTICLE 13 – ORDER MODIFICATION OR CANCELLATION

Any modification or cancellation of the service by the CLIENT will give rise to a confirmation e-mail from the SERVICE SUPPLIER.

13.1. Modification at the CLIENT’s initiative

The service includes only those services specified in the quotation and approved by the CLIENT. No quotation may be modified without the express agreement of both parties. Any subsequent modification or addition to the initial quote will be subject to a new quote and/or new invoicing.

Any modification to the quotation requested by the CLIENT and approved by the SERVICE SUPPLIER may give rise to additional delivery times.

In the event of special customer requirements (very short lead times or priority order processing), and subject to the SERVICE SUPPLIER’s agreement, an amendment to the contract will be agreed with the CUSTOMER.

13.2. Modification of the accommodation at the SERVICE SUPPLIER’s initiative

The SERVICE SUPPLIER has chosen to sign a hosting contract with O2SWITCH. Nevertheless, the SERVICE SUPPLIER reserves the right to change hosting provider at any time, and if necessary will migrate all files making up the CLIENT’s website to the new hosting provider. The SERVICE SUPPLIER will notify the CLIENT in advance, and will ask the CLIENT to sign for agreement on the migration date.

13.3. Termination (excluding maintenance service)

In the event of cancellation of the SERVICE SUPPLIER’s services by the CLIENT after signature and receipt of the quotation/order form and before commencement of the work, a percentage of 10% of the total invoice amount will be charged as damages and compensation for services rendered.

In the event of cancellation of the SERVICE SUPPLIER’s services by the CLIENT while the work is being carried out, the SERVICE SUPPLIER reserves the right to retain a pro rata sum for the work carried out. The SERVICE SUPPLIER will retain at least the 50% deposit, and a higher amount will be requested from the CLIENT if the site is almost complete.

If the cancellation of an order or breach of contract is caused by the SERVICE SUPPLIER and is not the result of a case of force majeure (interruption of the Internet network, hacking of the SERVICE SUPPLIER’s system, disability, serious illness, etc.) and if the reasons for the cancellation are not binding on the CLIENT (unlawful behavior, non-payment, etc.), the SERVICE SUPPLIER undertakes to reimburse the CLIENT in full.) and if the reasons for the cancellation are not binding on the CLIENT (unlawful behavior, non-payment, etc.), the SERVICE SUPPLIER undertakes to repay to the CLIENT all sums received within fourteen (14) days of the declaration of cancellation or breach.

13.4 Termination (maintenance service + hosting)

Periodic contracts may be cancelled no later than 15 days before their expiry date.

Subscription to a “tranquility = hosting + maintenance” package comes into effect from the date the website is officially put online, for a period of 1 year. At the end of this period, either party may terminate the contract, provided it has notified the other party of its decision by e-mail with acknowledgement of receipt from the SERVICE SUPPLIER no later than 15 days before the contract anniversary date. At the end of this one-year period, if the CLIENT wishes to terminate the contract, the service will be suspended on the anniversary date of the contract.

In the event of termination, the CLIENT must subscribe to hosting of its choice. The SERVICE SUPPLIER will provide the CLIENT with the login and password for the website so that the CLIENT is autonomous in the management of the website. JULIE WEB CONCEPT and the CLIENT will therefore have no obligations towards each other. JULIE WEB CONCEPT will offer the CUSTOMER a paying service for the migration of his website to a new host of his choice.

ARTICLE 14 – INTELLECTUAL PROPERTY RIGHTS CLAUSE

It is agreed between the SERVICE SUPPLIER and the CUSTOMER that ownership of the website will henceforth belong to the CUSTOMER once the SERVICE SUPPLIER has received by bank transfer the full outstanding price corresponding to the price of the website creation service.

However, the use of the DIVI license allowing the creation of the wordpress website remains the property of JULIE WEB CONCEPT as this license was subscribed upstream in the name of Julie CARBONNEAUX, license which remains its main working tool. The CLIENT therefore obtains a perpetual right to use this license, solely on the website created by JULIE WEB CONCEPT. Please note that the intellectual property of the DIVI themes (modified or not on your site) remains the exclusive property of Elegant Theme Inc, based in the United States at 977 West Napa Street #1002, Sonoma, CA 95476.

Acceptance by the CLIENT of the “Tranquillity 1*= maintenance + hosting” package offered for a period of one year, or its subscription in the future, will give the SERVICE SUPPLIER unlimited access to the CLIENT’s website for the purposes of technical maintenance, updates (of the WordPress CMS, extensions or DIVI theme).

Domain names registered by the SERVICE SUPPLIER at the CLIENT’s request are the property of the CLIENT. The transfer of a domain name to another service provider is only possible if the CLIENT has paid all sums due.

ARTICLE 15 – CONFIDENTIALITY

Each party undertakes to keep confidential, for the duration of the contract and after its expiry, all information, documents, know-how, databases, passwords and confidential codes originating from the other party of which it may have become aware during the performance of the contract, and shall not divulge them to any third party whatsoever, with the exception of the O2SWITCH hosting company, nor use them outside the requirements of the contract.

ARTICLE 16 – DELIVERY

The delivery time indicated when the quotation was signed will be respected according to the specified retroplanning. However, any reasonable delay on the part of the SERVICE SUPPLIER shall not entitle the CLIENT to:
– compensation for damages,
– cancellation of the order.

The delivery deadline is respected subject to receipt of the deposit and subject to the customer not being in arrears with payments for services previously carried out by the SERVICE SUPPLIER.

The SERVICE SUPPLIER cannot, under any circumstances, be held responsible for delays caused by the non-transmission of content required to put the site online. The delivery date will be subject to a delay of as much time as the CLIENT is late in delivering content and validations.

If the information required to put the site online is not received within 6 months, the SERVICE SUPPLIER will be obliged to terminate the contract. The initial deposit paid by the customer on signing the quotation cannot be returned, and no refund can be claimed by the customer.

ARTICLE 17 – LIABILITY

The SERVICE SUPPLIER undertakes to use its best endeavors to deliver its work to the CLIENT in the best possible conditions. The SERVICE SUPPLIER may only be held liable towards the CLIENT for established facts for which it is solely responsible.

Due to the characteristics and limits of the Internet, the SERVICE SUPPLIER may not be held liable for, in particular:

– The content of the information disseminated or collected as well as all files, in particular address files, but also sound, text, images and data accessible on the site for any reason whatsoever.

– The rental of accommodation provided by the Customer to an external service provider without prior agreement with the SERVICE SUPPLIER.

– Difficulties in accessing the hosted site due to total or partial non-compliance with an obligation on the part of the customer, a failure on the part of the hosting organization and/or saturation at certain times of the operators of the transport networks to the Internet world, and in particular its access provider.

– Failure to forward an e-mail,

– Malware contamination of the customer’s data and/or software, the protection of which is the customer’s responsibility,

– Malicious intrusions by third parties on the customer’s site and/or in the customer’s electronic mailboxes,

– Damage to or misuse of equipment connected to the hosting platform (customer terminals), which is the sole responsibility of the customer,

– Any misappropriation of passwords, confidential codes and, more generally, any information of a sensitive nature for the customer,

– Indirect damage, i.e. all damage not resulting directly and exclusively from the partial or total failure of the services provided by the service provider, such as commercial damage, loss of orders, damage to brand image, commercial disturbance of any kind, loss of profits or customers.
The service provider cannot be held responsible for the loss of data on the hosting servers.

However, the SERVICE SUPPLIER undertakes to do its utmost to secure the CLIENT’s data within the limits of its field of action. This is an obligation of means and not of results.

The SERVICE SUPPLIER cannot be held liable in the event that the CLIENT fails to comply with legal and regulatory authorizations, particularly with regard to data processing.

The drafting of “legal notices”, “conditions of use”, “general terms and conditions of sale” (…), in the same way as any content, does not fall within the scope of the contract. Under no circumstances may the SERVICE SUPPLIER be held liable for any failure or omission on the part of the CLIENT to put legal content online.

As part of a referencing service, the SERVICE SUPPLIER undertakes to make every effort to achieve the best possible positions according to the CLIENT’s financial means. However, the SERVICE SUPPLIER cannot guarantee a precise position. Furthermore, the SERVICE SUPPLIER cannot be held responsible for the partial or total loss of natural referencing of the website as a result of changes in the way search engines work, and the appearance of greater competition from other websites for the keyword(s) for which the website was referenced.

Certain website maintenance activities by the SERVICE SUPPLIER may require the temporary interruption of access to the site. The SERVICE SUPPLIER undertakes to inform the CLIENT in advance of such service interruptions and to minimize their duration and frequency.

Under no circumstances may these interruptions give rise to compensation for the CLIENT. The SERVICE SUPPLIER is not liable for loss of income or any human impact due to an interruption or failure of service.

ARTICLE 18 – WARRANTY

The warranty only covers the services described in the contract/quote signed and accepted by the CLIENT.

The CLIENT must check that its website is working properly as soon as it is officially online, and inform the SERVICE SUPPLIER of any malfunctions it observes. THE CUSTOMER has 1 month from the official launch of its website to report any problems by e-mail. After this period, the service is considered satisfactory and accepted by the CLIENT.

The SERVICE SUPPLIER undertakes to remedy any operating problem resulting from a design or performance fault within 30 days of the site being officially put online. If the CLIENT subscribes to the “Tranquillity = maintenance + hosting” contract, the SERVICE SUPPLIER will extend this guarantee for the duration of its contract.

However, the SERVICE SUPPLIER’s warranty obligation is excluded in the case of the following malfunctions:

• Due to misuse by the CLIENT ;
• Following an intervention by the CLIENT or a third party other than the SERVICE SUPPLIER ;
• Corresponding to a disclaimer in these Terms and Conditions of Sale;
• As a result of negligence, faulty management or maintenance by the CLIENT.
• Failure or interruption of the hosting company O2SWITCH, external service provider
• In the event of force majeure
• In the event of hacking of the CLIENT’s site.

ARTICLE 19 – FORCE MAJEURE

JULIE WEB CONCEPT may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

ARTICLE 20 – COMPETENT COURT

Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.

Failing amicable resolution, the dispute will be brought before the Commercial Court of Annecy (Haute-Savoie) unless a mandatory legal provision assigns jurisdiction to another jurisdiction.