The general conditions of sale described below detail the rights and obligations of ARCANGEL TECHNOLOGIES and his client in connection with the sale of services. Any service performed by ARCANGEL TECHNOLOGIES therefore implies the unreserved acceptance of the buyer to the present terms and conditions of sale.
These general conditions concern the services provided between professionals (service provider / buyer). These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reserve. These general conditions of sale prevail over any other document, including any terms and conditions of purchase. They apply without restriction or reservation to all services rendered by the service provider to buyers of the same category. The provider and the buyer agree that these terms and conditions govern their relationship exclusively. The service provider reserves the right to modify its general conditions. They will be applicable as soon as they are posted. If a condition of provision of services was to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. These general conditions of sale are communicated to any buyer who requests it, in order to allow him to place an order. The supplier reserves the right to waive certain clauses herein, depending on the negotiations with the buyer, by the establishment of special conditions of sale. The service provider may, in addition, establish categorical general conditions of sale, derogating from these general conditions of sale, depending on the type of buyer considered, according to criteria that will remain objective. Buyers meeting these criteria will then be subject to these categorical terms and conditions of sale. The present general conditions of sale are applicable until December 31, 2019.
These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of services offered by the provider to the buyer. They concern the following services: Website Creation, eCommerce, Mobile Applications, Digital Signage. These conditions apply only to services performed in France for buyers located on the French territory. For any service performed outside France, or for a buyer located outside France, should be reported to obtain a specific quote.
The buyer places his order online, from the online catalog and using the form on the site. For the order to be validated, the buyer will have to accept, by clicking on the place indicated on the site, the present terms and conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with under the conditions described below. Payment is made by direct debit. Any order implies acceptance of prices and descriptions of services offered. In some cases, including non-payment, wrong address or other problem on the buyer's account, the service provider reserves the right to block the order of the buyer until the problem is solved. In case of impossibility of realization of the service, the purchaser will be informed by e-mail. The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final. For any question relating to the follow-up of an order, the buyer must call 0783893970, Monday to Friday, from 9h to 18h (cost of a local call).
The online supply of the buyer's bank details and the final validation of the order will be valid proof of the agreement of the buyer and will be worth:
En cas d'utilisation frauduleuse des coordonnées bancaires, l'acheteur est invité, dès le constat de cette utilisation, à contacter le 0783893970.
The contractual information will be the subject of a confirmation by e-mail at the latest at the time of the start of performance of services, at the address indicated by the buyer in the order form.
Computerized records kept in the provider's computer systems in reasonable conditions security, will be considered as evidence of communications, orders and payments between the parts. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
We will have to update this policy of using cookies regularly for example when The services governed by these terms and conditions are those which appear on the website of the provider and which are indicated as performed by or under the control of the provider. They are proposed within the limits of the provider's availability. The services are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, the liability of the provider could not be engaged. Claimant's Staff By virtue of the hierarchical and disciplinary authority exercised exclusively on his staff, he will remain under the effective control of the provider during the full performance of the services. In case of intervention in the premises of the buyer, the service provider undertakes to respect the health and safety obligations of which the buyer will communicate the content to him, provided that his staff is granted identical protection to that granted to the claimant's employees. The service provider guarantees the regularity of the situation of his staff in the light of articles L. 1221-10 et seq. And L. 3243-1 et seq. Of the Labor Code. The service provider also certifies compliance with the provisions of Articles L. 8221-1 and L. 8221-2 of the Labor Code, relating to the fight against concealed work, as well as with the provisions of Book III, Title IV of the Labor Code. During the period of the benefits and during a period of one year after its completion, the buyer undertakes not to solicit or attempt to debaucher (or help any other person to solicit or attempt to poach) any employee of the provider with which he has had contacts in connection with the performance of the services. In case of violation, the buyer will be liable to the provider, as a penalty clause of compensation equal to one year of the last gross salary of the person thus debauched.
Calcul Unless otherwise agreed, the price of the services shall be based on the number and experience of the personnel required, the level of competence and the responsibility required; hourly rates are revised periodically. Will also be charged, if applicable, travel, living and accommodation expenses incurred for the performance of services. VAT at the prevailing rate is added, where applicable, to fees and disbursements. Delays or other unforeseen problems that are not within the control of the provider and beyond the control of the provider may result in additional fees that may be subject to additional charges. The service provider undertakes to inform the buyer of these delays and / or problems as soon as they occur in order to assess the consequences with him. Invoices will be issued corresponding to the services provided and disbursements incurred by provision and as and when they are made. Unless otherwise agreed, invoices are issued each month. Payment of invoices is due: upon receipt.
Late penalties According to the law, any late payment requires the provider to charge late fees. The late payment penalty rate is based on the rate of 10% per annum; in addition, the late debtor will be required to pay the provider a lump sum compensation for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of services until full payment of the unpaid invoice without this non-performance being considered attributable to him.
Advance payment Any order, as defined above, gives rise to the payment of a deposit calculated as follows: 30% of the price. Except in case of force majeure, any cancellation of the order by the buyer beyond a period of 14 days after the date of the order may not give rise to the refund of this advance payment.
Rules Payment of the order is made only by withdrawal from the buyer's bank account. The buyer must enter his bank details in the place provided and confirm this entry by adding his RIB computer attachment of the order form. The service provider reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited bodies or in case of non-payment. The provider reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. . The service provider has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the buyer may be asked to send, by fax or email, to the service provider a copy of an identity document and a proof of address. The order will be validated only after receipt and verification by the provider of the parts sent.
Payment Term The price is payable in full and in one payment upon receipt. This time will be mentioned on the invoice sent to the buyer.
Late Payment Any late payment will result in the immediate payment of all amounts due to the provider by the buyer, without prejudice to any other action that the provider would be entitled to bring, as such, against the buyer.
Except in case of force majeure or during the closing periods clearly announced on the homepage of the site, the response times will be, within the limits of the availability of the provider, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email. For services provided in mainland France, the deadline is to stipulate at the establishment of the contract and will not exceed 30 days of the estimate of working days from the day following the day the buyer placed his order. In case of delay, the provider can not be held liable for any reason whatsoever. Therefore, no claim for compensation of any nature whatsoever may be claimed by the buyer. In case of unavailability of the provider to perform the service, the buyer will be informed at the earliest and will have the opportunity to cancel the order. The buyer will then have the possibility to request the refund of the sums paid within 30 days at the latest of their payment.
The realization is begun only after confirmation of the payment by the banking organization of the service provider. It is provided within the time specified on the purchase order, from the receipt by the provider of the order form. In case of non-compliance with the terms of payment listed above, the seller may suspend or cancel the service. The service is performed at the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any loss of the service provider due to an incorrect or incomplete address will be charged to the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. The buyer will make sure to give access to the service provider, especially if he is not personally present on the day of the performance of the service. The end of the service will result in an end of intervention document. The buyer must indicate on this document and in the form of handwritten reserves accompanied by his signature any anomaly concerning the service or the conditions of its realization. This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the end of intervention document.
Les engagements du prestataire constituent une obligation de moyens au terme de laquelle les prestations seront exécutées dans le strict respect des règles professionnelles en usage ainsi, le cas échéant, que conformément aux conditions du contrat. Pour ce faire, le prestataire affectera à l'exécution des prestations les professionnels dotés des compétences requises pour assurer leur réalisation conformément à ses standards de qualité.
In order to facilitate the proper performance of the services, the buyer undertakes:
The buyer recognizes and accepts:
Confidential informations Each party agrees not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, affairs, internal policies, projects and personnel of each party. Subject to the exceptions referred to below, this confidentiality obligation will take effect for a period of 6 months following the end of the services . Also confidential, the content of services as well as reports, letters, information, notes, quotes, provided by the provider during the performance of services. These documents are communicated to the buyer for strictly internal use and provided they are not disclosed to third parties or attached to a document that he would have to produce. If the buyer wants all or part of these documents to be disclosed to / or used by a third party, he must ask the prior authorization in writing to the provider. Modalities applicable to this disclosure will then be fixed.
Excluded information The above obligations and restrictions do not apply to:
Subject to its confidentiality obligations, the provider reserves the right to perform services for companies that compete with the buyer.
In the event that one of the recommendations of the service provider or the use of elements delivered as a result of one of his recommendations imply the use of goods, models, drawings, photographs, etc. third-party intellectual property rights, the service provider will inform the buyer of the existence of these rights and the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, including by negotiating for his own account the rights of use under conditions such that the provider is able to prevail for benefit purposes. For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other computer tools. In some cases, these aids may be made available to the buyer at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without regard to the buyer's own needs, they are made available to the buyer during the term of the contract as is and without any guarantee. attached, for mere use; they must not be distributed, shared or communicated to third parties in whole or in part. This temporary provision will not take any assignment of rights or warranty, whatever the title, for the benefit of the buyer or the third party. Claimant reserves all rights, title and interest in:
The buyer may, without any geographical limitation, use for free and irrevocable, use internally and for the term of protection by copyright, the elements designed by the provider and integrated into its work. The buyer is prohibited from distributing, marketing, and more generally from making available or conceding the use of these same achievements and more generally from granting the use of these same elements to third parties without the consent of the provider. No party may make mention or use of the name, the denomination, trademarks and logos or other names, commercial or otherwise, of the other party without the prior written consent of the latter. By way of derogation from the foregoing, the service provider may use the name, name, trademarks and logos of the buyer during the contract to the extent strictly necessary for the performance of the services, including subsequent benefit proposals. In addition, the purchaser authorizes the service provider, at the end of the performance of the services, to quote his name / name as a reference and accompany this quote, if applicable, with a generic description of the services provided.
The service provider will keep the original documents that have been given to him, and will return them to the buyer, at his request. All documents, data or information that the buyer has provided will remain his property. The service provider will keep a copy of the only documents necessary for the constitution of his work files. The working documents prepared as part of the services are our property and are covered by professional secrecy.
In the event that a conflict of interest or problem of independence occurs during the execution of the services, the service provider will immediately inform the buyer and will seek with him the most suitable solution to the situation in accordance with the applicable rules. In particular, if a change in the regulations professional standards prohibited the service provider from continuing his services, he will make available the purchaser the result of the services as well as all the documents necessary for their finalization, including his Documents as is, in order to facilitate the pursuit by a third party.
The entire liability of the service provider and that of its employees for any failure, negligence or fault, noted during the performance of services, will be limited to the amount of the fees paid for the services in question, to cover claims of any kind (including interest and costs), regardless of the number of shares, grounds relied on, or parties to litigation. This stipulation will not apply to any liability for death or personal injury, or any other liability that the law prohibits to exclude or limit. The liability of the provider can only be engaged in case of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage, of any nature whatsoever. In addition, the provider can not be held liable in the following cases:
The service provider does not answer to either the insurer, the indirect damages, the loss of profit or the loss of opportunity or the expected profits, or the financial consequences of the actions possibly initiated by third parties against the buyer.
The service provider guarantees the buyer against any lack of conformity of the services and any hidden defects resulting from a design or supply defect of the services to the exclusion of any negligence or fault of the buyer. In any event, in the event that the provider's liability is accepted, the service provider's guarantee is limited to the amount paid by the purchaser for the supply of services.
The service provider reserves the right to transfer all or part of the performance of the services to providers meeting the same qualification requirements. If the service requires special technical skills, the service provider will inform the buyer about the possibility of outsourcing a part. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all the information that he will be aware of during the services.
All claims, whether amicable or judicial, relating to the performance of services must be made within one year from the end of the performance of the service.
As the buyer is a professional purchasing within the scope and for the needs of his profession, it is not necessary to apply the right of withdrawal provided by the Consumer Code.
Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exoneration of the obligations of the parties and shall lead to their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance. Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by the latter, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be construed for the future as a waiver of the obligation in question.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
The personal data collected on this site are as follows: Opening an account: when creating the user's account, his last name, first name, email address; phone number; address ; Login: when the user logs on to the website, the user registers, in particular, his name, first name, login, usage, location and related data to payment. Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number. Payment: As part of the payment of the products and services offered on the website, the latter records financial data relating to the user's bank account or credit card. Communication: when the web site is used to communicate with other members, the data about the user's communications is temporarily held. Cookies: Cookies are used as part of the use of the website. The user has the option to disable cookies from his browser settings.
The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are:
Personal data may be shared with third-party companies in the following cases:
The website implements organizational, technical, software and physical measures for digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: firstname.lastname@example.org.
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause for the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.
These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute. The parties undertake to seek an amicable solution to any dispute that may arise from the performance of services. If they do not succeed, the parties will submit the dispute to the competent commercial court.