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The Company DATAFUSION – PARTNERS, registered with the Paris Trade and Companies Register under number 937 640 100, having its registered office at 34 Boulevard des Italiens, 75009 Paris, carries out the following activities: the design, development, production and maintenance of websites, mobile applications and software, the provision of UX/UI design services, the provision of digital marketing and search engine optimisation services, the hosting of websites and applications, and consulting and assistance in digital strategy.
These General Terms and Conditions of Sale (hereinafter the « GTCS ») govern the contractual relationship between the Company and its clients (hereinafter « the Client ») in connection with the provision of the services defined in the Company's corporate purpose. The GTCS apply to all services offered by the Company and form an integral part of any contract or quotation accepted by the Client. Any order implies unreserved acceptance of these GTCS. These terms and conditions prevail over any other document of the client, in particular over any general terms and conditions of purchase.
For the interpretation of these GTCS, the following terms are defined as follows:
For each service, the Service Provider undertakes to provide the Client with a detailed quotation. The quotation includes a precise description of the services, the terms of performance, the delivery timeframes, as well as the financial terms (price, payment terms). The Order is deemed firm and final once the Client signs and returns the quotation accompanied by the wording « Bon pour accord » (Agreed), or expresses acceptance by any other written or electronic means validated by the Service Provider.
Any modifications to orders must imperatively be subject to an agreement between the Parties. Beyond 14 days after the signing of the quotation, the Service Provider is entitled to charge the Client 250 euros (€) excluding tax for any requested modification. In the event of cancellation of the Order by the Client beyond 14 days after the signing of the quotation, the Service Provider is entitled to retain the deposit paid.
The Service Provider undertakes to the Client to carry out the Mission with the utmost professionalism, to comply with the applicable legal and regulatory provisions and to conform to standards and procedures. The Company is bound by an obligation of means and not of result, unless expressly stated otherwise in the Order.
In order to enable optimal performance of the services, the Client undertakes to provide in good time all the necessary information, to inform the Service Provider of any decision likely to have an impact on the Service, and to validate within a reasonable time the proposals or deliverables submitted.
The services will be carried out within the timeframes mentioned in the Order or the accepted quotation. These timeframes are given for indicative purposes only, unless a specific commitment is made. Any delay related to circumstances beyond the Company's control may result in a postponement of the performance timeframes.
The Services are deemed completed upon delivery of the Deliverables to the Client. Unless a written reservation is submitted within 14 days of their receipt, the Deliverables shall be deemed compliant and accepted.
The Company reserves the right to subcontract all or part of the services to qualified partners, while guaranteeing the quality and compliance with the agreed commitments.
The rates for the Services are specified in the quotations. They are expressed in euros (€) and are exclusive of tax, unless stated otherwise. Applicable taxes, in particular VAT, will be added to the invoiced amount.
A deposit, the amount of which will be contractually agreed, will be requested upon confirmation of the Order. Any dispute relating to an invoice must be reported in writing within 14 days of its receipt. Unless otherwise specifically agreed, payment is due upon receipt of the invoice by the Client.
The Deliverables shall be under the full control of the Client as from full payment thereof. Ownership of any Deliverable produced is assigned to the Client: the right of reproduction, representation, commercialisation, use, adaptation, translation, and more generally, all exploitation rights.
Unless otherwise expressly agreed in writing, the wording « Produced by DataFusion-Partners » or « Produced by DFP » must be inserted in a visible manner on any IT service provided by the Company, as well as in the Client's legal notices with a hyperlink to the Company's official website.
The Company reserves the right to present the projects carried out for its clients on its own website and in its communication materials, subject to the prior agreement of the client.
Each Party is responsible for the performance of the obligations incumbent upon it. The Service Provider undertakes to provide its services with professionalism. However, the Client acknowledges that all decisions made on the basis of these recommendations fall under its sole responsibility.
The Company and the Client undertake to keep strictly confidential all information exchanged in the course of their collaboration. This obligation remains in force for the entire duration of the contract and continues for a period of 2 years after its termination.
In the course of performing its services, the Company may be required to collect and process personal data in accordance with the GDPR. The Client and its users have a right of access, rectification, deletion and portability of their data, as well as the right to restrict or object to their processing.
By express agreement between the Parties, these General Terms and Conditions of Sale are governed by French law. They are drafted in the French language.
Any dispute arising from the interpretation, performance or consequences of these General Terms and Conditions of Sale shall be submitted to the Paris Commercial Court. In the event of a dispute, the client is invited to contact the company to attempt to resolve the dispute amicably, in accordance with articles L611-1 et seq. of the French Consumer Code.
SAS DataFusion-Partners — represented by Mr Baptiste Ercole-Faivre and Mr Rafaël Serziale.