Conditions générale de vente
Article 1 – Company Identification
Euro Tech Conseil
Headquarters: 35 Rue de la Grange aux belles 75010 Paris
SIRET: 42988654200019
Email: contact@etcinfo.fr
Website: www.eurotechconseil.com
– Article 2 – Purpose
Euro Tech Conseil (ETC) is a company specialized in custom software development, web or mobile applications, and platforms. The purpose of these terms is to define the rights and duties of ETC and the Client within the scope of the proposed services: study, advice, design, realization, development, maintenance, and project monitoring related to new information and communication technologies.
– Article 3 – Sales Conditions
Any acquisition of services by ETC implies the full and unconditional acceptance of these general terms and conditions of sale. No particular condition can prevail over these general terms and conditions, except for formal and written agreement from ETC. The absence of a claim by ETC regarding any clause of these general terms and conditions of sale shall not be construed as a waiver to assert it later.
– Article 4 – DATA PROTECTION
4.1 ETC undertakes to comply with data protection standards in accordance with current legislation. We implement appropriate measures to ensure the security and confidentiality of our clients’ data.
4.2 We cannot be held responsible for the use that our clients make of the data collected and processed as part of the services provided. Our liability is limited to the securing and appropriate management of this data within the scope of our services.
4.3 As a service provider, ETC undertakes to collaborate with its clients to help them comply with data protection regulations. However, our liability cannot be engaged in the event of unauthorized use of third-party services or failure to comply with the guidelines provided for data management.
– Article 5 – Liability related to the service
5.1 ETC undertakes to provide software development services, web or mobile applications in accordance with the specifications agreed with the client.
5.2 Our liability is limited to the services provided directly by ETC. We cannot be held responsible for defects or issues resulting from the use of third-party components or external integrations not supervised by our team.
5.3 ETC cannot be held liable for damages caused by third parties or incidents outside the scope of our services, especially in cases of unauthorized access or data loss.
– Article 6 – Client’s Obligations
6.1 The client undertakes to provide ETC with all necessary information for the completion of the agreed services. This information must be complete, accurate, and provided within the specified deadlines.
6.2 If ETC provides editorial content in addition to the information provided by the client, the latter must validate and approve this content before its distribution or use.
6.3 The client is responsible for complying with copyright laws and obtaining necessary permissions for any content provided to ETC. They guarantee that the materials provided comply with intellectual property laws and do not infringe on the rights of third parties.
– Article 7 – Service Prices, Invoicing, Payment
7.1 The rates of services offered by ETC are defined in the quotation established and accepted by the client. These rates are exclusive of taxes and are subject to the payment terms specified in the quotation.
7.2 The client acknowledges that signing the quotation implies acceptance of the rates and payment conditions stated therein.
7.3 ETC reserves the right to modify its rates after prior notification to the client, except in the case of rates contractually guaranteed for a defined period.
– Article 8 – Intellectual Property
In general, intellectual property created within ETC is considered the property of the company. This applies to software, algorithms, designs, and any other creation developed within the professional activities of the company (Euro Tech Conseil).
– Article 9 – Hosting and Site Management
9.1 – Services
Client hosting services offered are provided by third-party partners of ETC.
9.2 – Liability
9.2.1 – In the event of failure by these partners, ETC undertakes to propose solutions to remedy the situation. However, ETC disclaims any liability for the consequences of these failures, unless they are directly attributable to the company.
9.2.2 – ETC cannot be held responsible for the content, products, or violations of intellectual property rights on client websites.
9.2.3 – ETC will not be held liable for taxes or fees associated with purchases made on client websites.
– Article 10 – Domain Name
ETC offers domain name registration and management services for its clients. Registration is done according to available extensions (.com, .fr, etc.) and is subject to the availability of the chosen name. The company undertakes to carry out the necessary procedures for registration but does not guarantee its completion. ETC informs the client about the administrative and technical naming rules. The client is responsible for choosing the domain name and providing the required documents for registration. Prices and payment terms are specified in the quotation, and payments must be made according to the stated conditions.
– Article 11 – Order
ETC services are ordered via a quotation or commercial proposal accepted by the client. By signing the contractual document, the client adheres without reserve to the general terms of sale. Orders become firm after the legal withdrawal period or after a period of eight days without opposition from ETC. Quotations and proposals are valid for a period of one month (30 days).
– Article 12 – Deadlines
The deadlines for the completion of services are indicated in the quotation accepted by the client. ETC undertakes to meet these deadlines to the best of its technical and human capabilities. However, in case of delay, the client cannot demand compensation or delivery on a specific date from ETC. The client remains liable for the agreed amount.
– Article 13 – Late Payment
Any incident and/or late payment on the due date will result in the application of a late payment penalty, provided for by law 92-1442 of December 31, 1992, art. 3-1 al. 3, equal to one and a half times the legal interest rate on the amounts due, as well as billing for all corresponding financial, file, formal notice, and recovery costs, without prejudice to the suspension and/or termination of this contract.
In the event of breach by one of the parties of the obligations of these clauses, not remedied within a period of eight days from the registered letter with acknowledgment of receipt, notifying the breaches, sent by the other party, the latter may assert the termination of the contract subject to all damages and interest to which it may claim.
In the event of amicable settlement, proceedings for recovery or judicial liquidation, temporary suspension of proceedings, bankruptcy, or similar proceedings, this contract will be automatically terminated, without notification, from the decision of the competent Court.
– Article 14 – Taxes
ETC passes on the taxes applicable to the services provided in accordance with the current legislation. Prices mentioned in quotations or commercial proposals are exclusive of taxes. Any change in rates or introduction of new taxes will be passed on to the services, with immediate effect upon their entry into force, unless otherwise provided by law.
– Article 15 – Obligation of Information
The client undertakes to inform ETC of any changes regarding the information provided in the context of the services (contact details, legal status, etc.). This obligation extends to any modification that may affect the smooth running of the services or the execution of the contract. ETC reserves the right to suspend or modify the services in case of inaccurate or outdated information from the client.
– Article 16 – Confidentiality
ETC undertakes to treat confidentially all information exchanged with the client in the context of the services. All data, documents, or confidential information shared under the contract are strictly intended for the execution of the agreed services. The company prohibits any disclosure to third parties without the prior written consent of the client, except as required by law.
– Article 17 – Data Protection
ETC ensures data protection in accordance with applicable law. The client may exercise their right of access, rectification, and deletion of their data by contacting ETC. The company undertakes to treat the client’s data with the utmost confidentiality and to take necessary measures to ensure their security and prevent unauthorized access.
– Article 18 – Force Majeure
In the event of force majeure, ETC is released from its contractual obligations for the duration of such event. Force majeure events include unforeseeable external events beyond ETC’s control, such as natural disasters, major social conflicts, pandemics, etc. This clause exempts ETC from liability in the performance of services during the period affected by force majeure.
– Article 19 – Applicable Law and Jurisdiction
These general terms and conditions are governed by French law. In the event of a dispute relating to their interpretation, execution, or termination, the parties agree to submit any dispute to the competent court in accordance with French law.
– Article 20 – Miscellaneous Provisions
In addition to the aforementioned clauses, any specific provision deemed relevant for ETC’s general terms and conditions may be added at the discretion of the company to specify specific points not covered by the preceding articles, in compliance with applicable law and commercial best practices.
