TERMS AND CONDITIONS OF SALE
ARTICLE 1 – General
The services of the company EI Krysztofiak Patrice (hereinafter referred to as the “Service Provider”) are subject to the present general terms and conditions, which prevail above all other prior written or oral agreements. The Customer calling upon the Service Provider accepts without reservation all the clauses and conditions of the
present.
ARTICLE 2 – Commencement of contract
This contract will take effect upon receipt by the Service Provider of the payment made by the Customer. The Commencement of Work will only take effect upon receipt of all elements deemed necessary by the Service Provider for the performance of the service.
ARTICLE 3 – Duration of intervention
Any intervention whether performed on a one-off or regular basis, whether or not included in a package, has a duration specified on the online store.
ARTICLE 4 – Performance guarantee
The Service Provider guarantees the transmission of knowledge to the best of its ability at the time.
ARTICLE 5 – Cancellation or modification of a service
The order for a service may not be modified or cancelled without the agreement of the Service Provider. In the event of cancellation within less than 72 hours, or if the Service Provider is unable to carry out its intervention due to the customer’s fault, the service is considered to be due at the scheduled rate.
ARTICLE 6 – Invoicing, financial conditions, terms of payment
At the end of each service, an invoice will be drawn up by the Service Provider, which will be given to the Customer. Payment of invoices must be received by the Service Provider within the time specified on the said invoice under the name “due date”. Any delay or total or partial failure to pay the price, in principal and accessory, shall give rise to the payment by the Customer of a late payment penalty equal to 12% calculated on the sums remaining due.
ARTICLE 7 – TERMINATION
-Immediate payment of all sums remaining due by the Customer under the contract, whatever the method of payment provided for, it being specified
that the sums remaining due will be increased by a rate equal to 10% by way of contractual penalty.
-The suspension of all services in progress, whatever their nature, without prejudice to the Referrer’s right to terminate the contract as stipulated in the article TERMINATION. Any disagreement concerning invoicing and the nature of the services must be notified by e-mail
to krysztofiakpatrice @ gmail.com within 15 days of signing the quotation.
In the event that the Referrer incurs expenses, it will inform the Customer and provide him with the corresponding
expenses and invoice. The Customer must then pay the sum due by bank transfer in euros.
ARTICLE 8 – Transfer of ownership
EI Krysztofiak Patrice – 23 Rue Des Aillères – 71400 Auxy – France
Whatever the chosen method of payment, the transfer of ownership to the purchaser when provided for in the prior quotation, takes place only after full payment for the services ordered.
ARTICLE 9 – Documents and support for services
Any study, report, information, quotation, specifications, carried out for valuable consideration or free of charge by the Service Provider prior to the service, shall remain the exclusive property of the Service Provider. The Customer undertakes not to pass on such information to third parties, and not to use such information for any purpose whatsoever.
ARTICLE 10 – Assistance
The Service Provider bears no technical obligation to check, verify files and components of the service modified by The Customer or, in general, by anyone not working for the Service Provider. Service modifications by the Customer require a certain level of expertise, particularly in Internet protocols and programming languages. In this case, the Customer declares that he/she has the necessary knowledge to create and administer his/her site, and cannot in any way hold the Service Provider responsible for the malfunctioning of the latter. The Service Provider is under no obligation to teach the Customer the techniques necessary for the creation and/or administration of his site. In the event of difficulty, the Customer may request specific assistance from the Service Provider, which will be subject to additional invoicing.
The Customer may be relinquished control of his site and/or his machine and/or his files for the sole purpose of enabling the Service Provider to gather the necessary information and carry out the repairs and/or corrections required to restore the Customer’s service. The Service Provider will only propose corrections and/or modifications with the express agreement of the Customer. Any resulting modifications will be the sole responsibility of the Customer.
ARTICLE 11 – Limitation of the Provider’s liability
The Provider shall not be held liable for any accessibility problems related to the Internet network or misuse by the Customer. The Provider shall not be held liable for any delay or failure to perform the planned service when such delay or failure results, in particular, from the occurrence of a case of force majeure, the act of a third party, the act of the authorities or the act of the customer. In the event of a referencing contract, the service provider may not be held responsible for the deletion of links on external sites carried out by the
said sites.
ARTICLE 12 – Nature of provider’s obligations
The performance of the services provided for in this document is, by express agreement, part of an obligation of means.
ARTICLE 13 – Insurance
The Service Provider declares that it is insured for any damage that may be caused to the customer’s home. However, the Service Provider shall not be held liable for any damage caused by defective equipment supplied by the customer. The customer formally declares to be insured for damage caused to third parties.
ARTICLE 14 – Intellectual property
Unless otherwise agreed in the quotation, any original creation made by the Service Provider for use by the Customer will remain the property of the Service Provider until payment of the full amount of the invoices relating to the provision of services. The transfer of the intellectual property of any original creation created by the Service Provider for use by the Customer is not systematic and will be expressly specified in the quotation. In the event of non-assignment of this property, the Service Provider reserves the right to use all or part of these creations in the context of other services.
ARTICLE 15 – Data protection
The customer may exercise his individual right of access and rectification with the Service Provider, in accordance with the provisions of law no. 78-17 of 6
January 1978, for all information communicated as part of the quotation or invoice. The customer is responsible for any declaration.
EI Krysztofiak Patrice – 23 Rue des Aillères – 71400 Auxy – France