Terms of Sales

Article 1 – Company Identification

Euro Tech Conseil (ETC)
Registered Office: 35 Rue de la Grange aux Belles, 75010 Paris
SIRET: 429 886 542 00019
Email: contact@etcinfo.fr

Website: www.eurotechconseil.com

Article 2 – Purpose

Euro Tech Conseil (ETC) is a company specialized in the custom development of software, web or mobile applications, and digital platforms.
These general terms and conditions define the rights and obligations of ETC and the Client regarding the services provided, including analysis, consulting, design, development, maintenance, and project management related to information and communication technologies.

Article 3 – Terms of Sale

Any purchase of services from ETC implies full and unconditional acceptance of these general terms and conditions of sale.
No special condition shall prevail over these general terms and conditions unless expressly agreed upon in writing by ETC.
Failure by ETC to enforce any clause of these terms shall not be interpreted as a waiver of the right to do so in the future.

Article 4 – Data Protection

4.1 ETC undertakes to comply with applicable data protection laws and regulations. We implement appropriate measures to ensure the security and confidentiality of our clients’ data.

4.2 ETC shall not be held liable for the way clients use or process data collected within the framework of the provided services. Our responsibility is limited to securing and properly managing such data as part of our operations.

4.3 As a service provider, ETC agrees to assist clients in complying with applicable data protection regulations. However, ETC shall not be held responsible in cases where third-party services are used without approval, or where clients fail to follow the provided data management guidelines.

Article 5 – Service Liability

5.1 ETC commits to delivering software, web, or mobile development services in accordance with the specifications agreed upon with the client.

5.2 ETC’s liability is limited to the services directly provided by its team. ETC shall not be held responsible for any defects or issues arising from third-party components or external integrations not supervised by its staff.

5.3 ETC shall not be liable for damages caused by third parties or by incidents outside the scope of its services, including unauthorized access or data loss.

Article 6 – Client Obligations

6.1 The client agrees to provide ETC with all necessary information required for the proper execution of the agreed services. Such information must be complete, accurate, and delivered within the specified timeframe.

6.2 If ETC provides editorial content in addition to client-supplied information, the client must validate and approve this content before any publication or use.

6.3 The client is responsible for ensuring compliance with copyright and intellectual property rights for all materials supplied to ETC. The client guarantees that all provided elements comply with intellectual property laws and do not infringe upon third-party rights.

Article 7 – Service Fees, Invoicing, and Payment

7.1 The prices of ETC’s services are defined in the quotation issued and accepted by the client. Prices are exclusive of taxes and subject to the payment terms specified in the quotation.

7.2 By signing the quotation, the client acknowledges and accepts the stated prices and payment terms.

7.3 ETC reserves the right to adjust its rates with prior notice to the client, except when prices are contractually guaranteed for a defined period.

7.4 – Price Revision and Annual Indexation
ETC may revise its contractual service fees once per calendar year, up to a maximum of six percent (6%). This revision also applies beyond the initial contract duration during renewal periods.
If the client objects to a price increase, they may terminate the contract within thirty (30) days of the invoice date showing the revised rates.

Article 8 – Breach Management, Non-Payment, and Termination

8.1 – Amicable Resolution in Case of Breach
In the event of a contractual breach or non-payment, both parties (CLIENT and ETC) agree to seek an amicable solution, which may result in either the continuation or mutual termination of the contract.

8.2 – Termination for Non-Payment
If payment remains outstanding after a formal notice, ETC may terminate the contract by operation of law without further procedure, while retaining the right to claim compensation for damages.

Any delay or payment default shall result in the application of a late penalty, in accordance with Law No. 92-1442 of December 31, 1992, equal to one and a half times the legal interest rate, along with all related administrative, collection, and recovery costs, without prejudice to suspension or termination of the present contract.

In case of amicable settlement, judicial recovery, liquidation, bankruptcy, or similar proceedings, this contract shall be automatically terminated as of the competent court’s decision.

8.3 – Termination Procedure for Breach
If one party fails to fulfill a material obligation, the other party may send a registered letter with acknowledgment of receipt, requesting correction within thirty (30) calendar days.
If the breach is not remedied, the non-defaulting party may terminate the contract, in whole or in part.

Article 9 – Intellectual Property

9.1 – Company Ownership
As a general rule, intellectual property created within ETC remains the exclusive property of the company. This includes software, algorithms, designs, and any other creations developed as part of ETC’s professional activities, unless otherwise stated in a written and signed contract between the client and ETC.

9.2 – Exclusive Ownership of Euro Tech Conseil
All source code developed by ETC employees within internal or client projects remains the exclusive property of ETC.

Article 10 – Domain Names

ETC provides domain name registration and management services for its clients. Registration is carried out under available extensions (.com, .fr, etc.) and is subject to name availability. ETC undertakes to perform the necessary administrative steps but cannot guarantee successful registration.
The client is responsible for choosing the domain name and supplying all required documentation. Prices and payment terms are specified in the quotation and must be respected as per the stated conditions.

Article 11 – Orders

ETC’s services are ordered via a quotation or commercial proposal accepted by the client.
By signing the contractual document, the client fully accepts these terms and conditions.
Orders become binding after the legal withdrawal period or after eight (8) days without objection from ETC.
Quotations and proposals are valid for thirty (30) days.

Article 12 – Deadlines

Service completion deadlines are specified in the accepted quotation. ETC agrees to make every reasonable effort to meet these deadlines. However, in case of delay, the client may not claim damages or demand delivery by a specific date. The agreed payment remains due.

Article 13 – Taxes

ETC applies the applicable taxes in accordance with current legislation.
Prices stated in quotations or proposals are exclusive of taxes.
Any change in tax rates or the introduction of new taxes will be immediately reflected in ETC’s pricing, unless otherwise required by law.

Article 14 – Duty to Inform

The client agrees to inform ETC of any changes to the information provided in the context of the services (contact details, legal status, etc.).
This obligation includes any modification that may affect service delivery or contract execution.
ETC reserves the right to suspend or modify its services if client-provided information is inaccurate or outdated.

Article 15 – Confidentiality

ETC undertakes to treat all information exchanged with the client as strictly confidential.
All data, documents, or confidential information shared under this contract are exclusively intended for the performance of the agreed services.
ETC shall not disclose any such information to third parties without the client’s prior written consent, unless required by law.

Article 16 – Data Protection and Privacy Rights

ETC ensures data protection in accordance with applicable legislation.
Clients have the right to access, correct, or delete their personal data by contacting ETC.
The company guarantees the confidentiality of client data and implements all necessary measures to ensure its security and prevent unauthorized access.

Article 17 – Force Majeure

In the event of force majeure, ETC shall be released from its contractual obligations for the duration of the event.
Events considered as force majeure include, but are not limited to, natural disasters, major social conflicts, pandemics, or any unforeseeable and external event beyond ETC’s control.
During such events, ETC shall not be held liable for service delays or non-performance.

Article 18 – Governing Law and Jurisdiction

These general terms and conditions are governed by French law.
In case of dispute regarding their interpretation, performance, or termination, both parties agree to submit the matter to the competent French courts.

Article 19 – Miscellaneous Provisions

In addition to the above clauses, any specific provisions deemed relevant to ETC’s general terms and conditions may be added at the company’s discretion to address areas not covered herein, in compliance with applicable laws and commercial best practices.