Conditions of realization of WEBSITE ...
Article 1: Scope
1.1. The purpose of this notice is to define the terms and conditions and the manner in which Seven C.A. provides the services to its customers. All the characteristics of these services can be found on the website accessible at "www.seven-ca.com/".
1.2. The present general conditions of sale govern the commercial activity of creation of Internet sites and other products and services related to the Internet for Seven C.A.
1.3. The signature of the quote with mention good for agreement implies the unconditional acceptance by the customer of these general conditions of sale.
1.4. The website design must comply with the attached specifications.
Article 2: Definition - As used herein, each of the terms mentioned below shall have the meanings assigned to it below, namely:
Seven C.A .: refers to the sole proprietorship Seven C. A. SIRET 524 575 826 000 10 - Ape: 6201Z. Customer: means any natural or legal person who has signed a purchase order in paper or electronic format. Services: refers to all services of any nature performed by Seven C.A. on behalf of the client. Supplier: means any natural or legal person from whom Seven C.A. subscribes to any contract the object of which relates to or derives from the services. Network: A set of facilities providing either the transmission or the transmission and routing between the endpoints of this network of telecommunications data or signals and the exchange of control and management information associated therewith. The fact that the network is internal, local, public, private or otherwise is here without influence; this term covers both intranet and internet networks. Internet: a set of networks of all sizes interconnected by the IP protocol. Website: a structured set of HTML pages, consisting of textual, graphic, photographic, audio or video elements in standardized formats. Web Space: means a storage space allocated by a provider for the hosting of each customer's website. Publication: refers to the transfer action of the customer's website on a web space. Publication means delivery.
Graphical interface: Graphic structure of the website which contains the logo and all elements conferring its identity to the site: colors, shapes, fonts, images on all pages, global layout. Navigation system: Set of hypertext links allowing access to the different contents of the website. Update: These updates include the replacement of texts and images provided without modification to the layout, the graphical user interface, the site structure and the navigation system. Makeover: includes a modification of existing colors (background, bar, fonts), a change of fonts, modification of the existing text. The graphics, bars and / or navigation buttons are excluded. Redesign: is considered a site creation with a new design and will be billed at the creation rate. Page A4: is defined in the following way: usual layout (margins: 2.5 - 12 point font, Times New Roman or arial).
Article 4: Conditions of creation of site
4.1. On simple request from you we will send you by mail or by email a free quote, validity period 1 month from date of sending the quote. Studies, specifications and documents delivered or sent by ourselves, remaining our property; they can not be communicated to third parties for any reason whatsoever by the buyer. We reserve the right to refuse any request that does not comply with the conditions below (see Section 2.3) or for any other technical reason that is beyond our control.
4.2. Legal compliance: The client has complete freedom as to the content of his web space, insofar as it complies with the laws and regulations in force, respecting copyrights, copyright and intellectual property on images or other files it provides (the customer remains responsible for this verification and must be required to provide evidence in case of request). In particular, it is forbidden to publish any form of content directly or indirectly associated with: - pornography and eroticism, pirated programs, racist, defamatory or discriminatory against any person, human rights in general, online gambling, violence in any form (human, animal or environmental), the violation of human rights, intellectual property relating to the works contained or broadcast, in whole or in part on the web space of the client. We disclaim any liability of the company in the event of subsequent changes by the customer of the content of the pages created.
4.3. Conclusion of the contract: Following the acceptance by the customer of our quotation by return of mail or with the note "good for agreement" followed by his name, first name and complete postal address taking place of digital signature or return by mail with the mention "good for agreement" followed by the signature of the customer and accuracy by the customer of the payment method chosen with complete references, then the receipt and receipt of the requested payment (see the terms at the bottom of the page), we then realize the order placed as soon as possible. Any failure to pay by the customer will result in the automatic termination of the contract. The price of the service will depend on the number of pages to be created, as well as the expected update mode of the number and the quality or complexity of the image files (whatever the format) that the client will ask us to create, in particular as part of a fully customized realization. Seven C.A. offers the possibility of manual referencing in search engines, portals and specialized directories for an additional charge. Seven C.A. does not guarantee the result of website referencing in search engines. Seven C.A. is therefore held in this respect only an obligation of means. Any contract accepted and settled can not claim any refund.
4.4 Realization of the websites: The service of creation of the web site includes the creation of a general structure of the site, a graphic charter, definition of the headings, navigation, fonts, construction of the site in itself, integration of interactive elements type online forms, hypertext links and images and statistical tools if necessary, publication by ftp. After having studied with the client the content and established by mutual agreement a graphic charter, we realize and propose before final publication an online model visible by the customer (by a URL address that we will provide him), to validate. We remind that the customer is required to provide the texts and photographs to be inserted in the different sections of the website. Seven CA also offers, as an option for existing packs, the taking of photos, videos, teasers, for an additional charge.
Article 5: Updates, maintenance of the site, insertion of new pages
5.1. The update of the site provides for an update or modification of the website according to a rule of operation defined between the company Seven C.A. and the customer at the time of signing the contract. The follow-up is ensured within the limits provided for in the update contract concluded between Seven CA and the customer. Rates will be applied according to the rule defined between the company Seven CA and the customer.
5.2. Limitation: The updated package does not include changing the GUI, creating a logo, adding a domain name, adding new features. An additional update or greater than that provided in the contract will be billed according to our current rates. We guarantee a fully personalized follow-up and remain attentive to each client.
5.3 Manager access, update and modification of the site: the customer can be granted (according to the update contract concluded between the company Seven CA and the client) access to a site manager in order to put in place day its website locally at our premises, before publication, or the use of an online platform. Seven CA undertakes to promote this update by the customer in the best possible technical conditions, it being understood that the obligation of Seven CA is an obligation of means. It is the customer's responsibility to ensure that any changes or technical developments that may be made on this website by any means other than Seven CA's services are possible and compatible with the technical characteristics of the services. Any modification of the site by the customer entails no transfer of ownership to the customer of the computer codes and services produced by Seven CA The codes and passwords necessary for the management access will be transmitted by Seven CA to the customer during the publication of the website.
Article 6: Intellectual Properties
6.1. Any item provided by the customer remains his property.
6.2. Any item modified by Seven C.A. and provided by the customer is the property of the customer with respect to the starting item, and the property of Seven C.A. with respect to the changes in the case of programming elements.
6.3. Any programming and / or computer creation is made available to the customer on the basis of a right of use. It is forbidden for the client to copy or authorize the copy of the programming, the creation of the design, the editing of images created by Seven CA. The provision of programming and / or computer creation by Seven CA to the client does not result in the transfer of an intellectual right or right of ownership.
6.4. The mention "Copyright sevenca.com" or "copyright Seven CA" with link to the site "http://www.sevenca.com" must be maintained on each page of the site, except for a complete redesign of the site by another company.
6.5. As part of a dynamic website development (PHP, asp ...) the sources remain the property of Seven CA. In any case, the customer can not claim to recover the sources.
6.6. Ownership of the computer codes is the responsibility of the company Seven C.A. which gives the buyer a right of use. As a result, any use of the source code by a third party may result in a claim by Seven C.A., the amount of which may be determined by a court according to the extent of this use. This clause includes source files, database configuration and settings, and any other type of application-related files.
Article 7: Responsibility of the client
7.1. The customer agrees to provide accurate and truthful information and agrees to notify us of any changes to the data provided and will be solely responsible for any malfunctions that may result from incorrect information. The customer must maintain a valid email address and mailing address.
7.2. The customer's website will be hosted by OVH (SAS with a capital of 500 k € RCS Roubaix - Tourcoing 424 761 419 00011 - APE Code 721Z - VAT N °: FR 22-424-761-419-00011
Headquarters: 140 Quai du Sartel - 59100 Roubaix - France). The customer acknowledges having read the following:
- The hosting contract subscribed by Seven C.A. to host the customer's website is underwritten for total availability, 24 hours a day, 7 days a week, and 52 weeks a year for one year. This contract provides sufficient network capacity for the normal flow of traffic.
- As this traffic is random, the customer declares that he is fully aware of the characteristics and limits of the Internet, and in particular the possible saturation of the network at certain periods and accepts the consequences for the services, it being understood that OVH's obligation is an obligation to means.
- The hosting company may interrupt its services to ensure the repair and maintenance of equipment and the correction of software defects. OVH will not be held responsible by the customer for any interruption of services due to suppliers.
- At the end of the period indicated on the sales contract, Seven CA reserves the right to erase the data of the remote Internet server on which they were hosted, without notice. The files and data will however be saved as is and available on request. When the customer voluntarily decides to change the host, the file and data migration work will not be performed by Seven CA.
7.3. The customer owns the domain name reserved for him, Seven CA acting only as a technical intermediary with the naming organizations. The general conditions of sale of these organizations apply. In addition, Seven CA can not be held responsible for the unavailability of a domain name ordered, it does not automatically cancel the other services ordered. The customer acknowledges depositing and using the domain name in accordance with the legislation in force and the legal rights of third parties. The customer agrees to indemnify, defend and release OVH and Seven CA from any liability against any recourse, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of or in connection with the registration of the customer's domain name or the customer's use of the domain name. The technical transfer of the customer's domain name to another naming and hosting organization will be billed at a flat rate at a price indicated in the order form. The customer agrees not to request this transfer within 60 days of the creation, transfer or renewal of the domain name.
7.4. If the structure of the site allows the collection of personal data as well as private information, the customer will have to apply for "Freedom of information" at the C.N.I.L, in accordance with Art. 34 of the law "Informatique et Liberté" of January 6, 1978 and communicate the number to Seven CA which will insert it on the site. Seven CA can nevertheless take care of this formality for an additional fee.
7.5. Email Management: The customer is fully and fully responsible for the content of the emails he sends through the services provided by Seven CA. The customer expressly undertakes to check and respect the legal conditions of use of the email services subscribed on his behalf by OVH or Seven CA to suppliers.
7.6. The customer is solely responsible for the updating and content of his website. It is also liable for damage or direct or indirect damage, material or immaterial, caused by itself (or its agents) to Seven CA and its suppliers because of the illegal use or not of the hosting servers. As such, he undertakes not to keep personal data without having received authorization from the CNIL (law of 6 January 1978). He undertakes not to propose a hypertext link pointing to sites or pages that do not comply with the legislation. He undertakes not to offer pages, images, texts, videos, sounds or animations that may harm the image of Seven CA or not compliant with French law such as those cited in the Article 4. It undertakes to release Seven CA from any responsibility regarding services or information, signs, images, graphics, sounds or any other multimedia data that it will make available to users.
Article 8: Liability of Seven C.A.
8.1. The company Seven CA undertakes to provide as soon as possible the delivery of the orders made (the deadlines differ according to the nature of the order) and undertakes to make every effort to the satisfaction of the customer, but declines any responsibility in case of major technical problem that would hinder the fulfillment of the contract (attacks, wars, natural disasters, any case of force majeure or cause of prolonged interruption of Internet network beyond our control). The publication by Seven CA of the Web site is in particular dependent on the provision by the customer of the information necessary for the realization of the order.
8.2. Documents transmitted: in no case Seven CA can not be held responsible for the loss of documents required for the realization of the services ordered. The customer is only required to send copies or documents without replacement value. Seven CA reserves the right to refuse any document, text or image, contrary to its ethics, morality or not in accordance with French law.
8.3. The customer declares to accept the characteristics and the limits of the Internet and recognizes in particular the following points: the company Seven CA is not host of the sites and does not guarantee in any case the total protection of the data circulating on the web, in particular against possible misuse by malicious Internet users and can not be held responsible for any problems related to hosting, the reliability of data transmission, access times, the speed of loading of the Internet. website or to a default payment by credit card, bank transfer or check for an e-commerce site.
8.4. In case of creation of dynamic site (PHP, asp ...) it must be hosted under the technical responsibility of Seven CA. The customer will not have access to dynamic sources.
8.5. Seven CA delivers a finished product that meets the specifications of the quote. In any case, Seven CA can not guarantee that the site requested by the customer will ensure an increase in sales, that the work provided will automatically generate visits to the site.
8.6. Seven CA will not be held responsible for any mishandling on the part of the customer and users trained in the use of the application. A list of persons authorized to use the application will be established by Seven CA in collaboration with the client, outside the framework of the training and this list, Seven CA will not be held responsible for the operations carried out via the application.
Article 9: Offers and tariffs
9.1. The rates in effect are those mentioned on the day of the offer available on request or at the Internet address of Seven C.A.
9.2. The tariff conditions for so-called promotional offers, which are indicated as such, are only valid for the period they specify.
9.3. Seven CA reserves the right to modify its general conditions of sale, formulas and prices at any time and without notice. These changes will not affect existing contracts.
9.4. Seven CA reserves the right to pass on any new tax or any increase in existing tax rates without notice.
Article 10: Method of payment
10.1. Invoices are payable at 50% of the total amount of the service when the quote is signed. The balance will be paid by the client when the site is published.
10.2. Any sum not paid within the time limit mentioned in paragraph 10.1, any late payment or any unpaid (in case of return by the bank of the payment of outstanding securities) of a sum due by the customer will result in the immediate suspension of benefits , pending the regularization of the situation. This suspension can not constitute a cause of responsibility for Seven CA
10.3. The customer can not claim compensation from Seven CA because of the suspension of his services following a payment incident.
10.4. Payment by check, by credit card, by PCS Mastercard recharge (to buy online or at tobacconist tobacconist), in cash or by bank transfer.
Article 11: Complaints
11.1. Any claim of any order whatsoever, to be valid, must be sent by e-mail: email@example.com.
Article 12: Applicable Law, Jurisdiction
12.1. The present contract is regulated by French law. In case of dispute, the competent courts.
12.2. For the execution of this contract thank you to send a calendar of realization, the elements photos text and other supports by e-mail: firstname.lastname@example.org. The customer at the address indicated by us when signing the order form Seven CA.
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