Find here our general conditions of sale and services for the creation or the redesign of your website.
Between the Company Genesys Agency, the company can be reached by email by clicking on the contact form accessible via the Contact page of the site. Hereinafter the "Provider" or the "Company".
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, "the Buyer", or "the Customer" On the other hand, It was exposed and agreed what follows:
The Provider is a provider of web development services exclusively for consumers, marketed through its website (www.genesysagency.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned website.
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the sale of services offered by the Provider.
These General Terms and Conditions of Sale (GTCS) apply to all sales of Services, made through the Company's websites which are an integral part of the Contract between the Client and the Provider. The Service Provider reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The Terms and Conditions applicable at that time are those in effect at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company's website at the following address: www.genesysagency.com/terms-and-conditions/. The Company also ensures that their acceptance is clear and unreserved by putting in place a checkbox and a validation click.
The Client declares that he/she has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Buyer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs. Finally, the Customer declares that he/she is legally capable of contracting under French law or that he/she validly represents the individual or legal entity for which he/she is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
The prices of the Services sold are those in force on the day the order is taken or the quote is given. They are denominated in euros and indicated including all taxes.
The Company reserves the right to modify its prices at any time in the future. However, it undertakes to invoice the Services ordered at the prices indicated when the Client signs the quote.
No telephone contact or appointment is binding; requests for web services must be submitted by the Customer to the Service Provider by direct email or through the contact request form at the following address: www.genesysagency.com/contact.
The obligations between the parties arise from the signature of a service agreement sent to the Customer after the request for services, together with the first deposit. The Service Provider shall not commence any development until receipt of these documents; this provision is an essential element of the contract. The Service Provider reserves the right to refuse the order, e.g. for any abnormal request, made in bad faith or for any other legitimate reason.
Any new development to be carried out shall be subject to a new quotation. If the modifications or reworking of the developments provided for in your quotation result in an intervention: the duration of which is clearly excessive in relation to the time normally required for the development, the nature of which tends to significantly modify the developments proposed in the quotation, requires the processing of the sources in order to make them usable to carry out the development or the parameterisation of the development (in particular for the insertion of data in a database), a daily invoice, based on 300.00 euros / day, will be established.
The services remain the property of the Company until full payment of the price.
In this respect, if the Client is the subject of a receivership or liquidation, the Company reserves the right to claim, within the framework of the receivership procedure, the products or services sold and remaining unpaid.
Payment is due at the time of ordering according to the terms and conditions contained in the service agreement:
either by paypal ;
or by credit card;
or by bank transfer;
The Customer undertakes to respect the payment dates.
Following any delay in payment, the Company shall be entitled to suspend the performance of the services until the unpaid invoice has been settled in full, without this non-performance being considered as being attributable to the Company.
In the event of total or partial non-payment of the services, the Client must pay the Company a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day the service is provided.
This penalty is calculated on the amount due, including VAT, and runs from the due date of the price without any prior notice of default being required.
If necessary, the Service Provider may use the services of a factoring company to collect its customer receivables. In this case, all collection costs shall be borne by the Client.
The Customer may terminate the Services prematurely by sending a form by e-mail, indicating the date of the service agreement, the Customer's name, the Customer's address and his signature. In this case, all services performed and not yet invoiced shall be due to the Service Provider. In addition, an indemnity equivalent to 25% of the total amount of the budget not yet invoiced shall be due as compensation.
If within fifteen days of the implementation of the "Late Payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically cancelled and may give rise to a claim for damages against the Company.
The Company guarantees that it will achieve the objectives set by the Client in the specifications. To this end, the Company shall implement the techniques best suited to the needs expressed by the Client and provide services of the highest quality standards.
Moreover, it is not responsible for intrusions on the site or hacking by techniques that it does not control.
The Company guarantees that the elements, services and functionalities made available to the Client, if used in accordance with the indications given, are substantially in conformity with the indications of the specifications, and that the software and all elements created by the Company and made available to the Client respect the rights of third parties, and in general are not illicit.
The Service Provider shall not be liable for any indirect damage incurred by the Customer or a user (loss of data, etc.) caused by the malfunctioning of the website and the lack of application maintenance.
The Client undertakes to:
To provide the Company with complete and accurate information and documents within the timeframe necessary for the planning without being obliged to check their completeness or accuracy,
make decisions within the time limits
ensure that the correspondent is available throughout the execution of the services,
to inform the Company directly of any difficulty relating to the performance of the Services.
that the information published on the website by the Client after it has been put online is under its sole and exclusive responsibility
to respect all legal and regulatory requirements in force relating to information technology, files and freedoms.
The Company will keep the original documents that have been given to it, and will return them to the Client, on request. All documents, data or information provided by the Client shall remain the property of the Client.
The Service Provider shall retain a copy of only those documents necessary for the establishment of its working files.
The working documents prepared within the framework of the services are the property of the Company and are covered by professional secrecy.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Unless otherwise agreed in writing, the service provider may distribute all creations made, either for the client or for a third party for whom the client intervenes, for the purposes of "presentation of creations" on all types of media without any time limit.
The entire liability of the Company and that of its collaborators in relation to any breach, negligence or fault, found in the performance of the Services, shall be capped at the amount of the fees paid in respect of the Services in question, in order to cover claims of any kind (including interest and costs) and this, regardless of the number of actions, grounds invoked, or parties to the disputes.
However, this provision shall not apply to liability for death or personal injury, or to any other liability which cannot be excluded or limited by law.
Furthermore, the Company shall not be liable in the following cases
as a result of a failure or deficiency in a product or service for which neither the Company nor any of its subcontractors are responsible for the supply or performance,
for facts and/or data which do not fall within the scope of the Services and/or which are not an extension thereof,
in case of use of the results of the Services, for a purpose or in a context different from that in which it intervened, of erroneous implementation of the recommendations or of failure to take into account the Provider's reservations. The Company shall not be liable for any loss of profit or opportunity or for the financial consequences of any actions brought by third parties against the Client.
The Company reserves the right to assign all or part of the execution of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the Company will inform the Client of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of the Service Provider and will undertake to keep confidential all information that it becomes aware of during the performance of the services.
The performance of the Vendor's obligations under the terms of this Agreement shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
If one of the stipulations of the present contract is null and void, this nullity shall not entail the nullity of the other stipulations which shall remain in force between the parties. Any modification of the contract is only valid after a written and signed agreement of the parties.
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
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