GENERAL TERMS OF SALE Web agency 360
The present are concluded between: · The Web agency 360 company taken up residence in 1501 route des dolines – 06560 Valbonne, registered on the RCS of Antibes in the number 487 916 389, represented by Mr STRAZIERI, below named "Web agency 360". · And any natural or legal person, private individual or professional, of private law or public law wishing to undertake in one or several of the services supplied by the company Web agency 360, below named the "Customer".
Together called the "Parts"
The present general terms of sale apply to the services freed by sites: www.agence-web-360.com
ARTICLE 1: OBJECT 1.1 - The Customer recognizes he verified the adequacy of the service, the support, the subscription or the service, the set below named "the service", Web agency 360 to his needs and to have received from Web agency 360 all the information and the advice which were necessary for him to subscribe to the present commitment with full knowledge of the facts. The present contract has for object to define the technical and financial conditions in which Web agency 360 undertakes with the Customer. Accordingly, the fact of placing order involves the whole membership and without reserve of the Customer in the present general terms of sale. The present general terms of sale completed if necessary by particular andor secondary conditions proposed by Web agency 360 are applicable, with the exception of any other conditions in particular those of the Customer, to any command by the Customer of Services of the company Web agency 360.
1.2- Services offered by Web agency 360 for free are also governed by the present general terms of sale.
ARTICLE 2: THE OFFER 2.1 - The offer of Web agency 360 is established of services in the form of services, advice or subscriptions in domains: · Of internet and all which in attraction with internet; · Of marketing Web and marketing Web council; · Of the design of trade web site or not · Of the IT development and the council in IT development; · Of the accommodation; · Of the referencing, the audit of referencing and the council in referencing; · Of the management of domain name; · Of waiter's maintenance; · Of the management of campaigns of e-mail; · Of the management of mailing lists of campaigns of e-mail.
ARTICLE 3: OBLIGATIONS(BONDS) OF WEB AGENCY 360
3.1 - Web agency 360 makes a commitment to bring all the care and all the diligence necessary for the supply of a Quality service(performance) in accordance with custom of the profession and for the state of the art. Web agency 360 answers only of an obligation(bond) of way(means).
3.2 - Web agency 360 makes a commitment besides in: - to implement(operate) everything to ensure the continuity(be on duty), the continuity and the quality of the services(performances) proposed. The Customer recognizes by present that the fluctuations in the bandwidth and the hazards of internet access providers are elements which can pull(entail) a discontinuity in the access to the service(performance) proposed by Web agency 360 independently of the will of Web agency 360. In case of absolved necessity, Web agency 360 saves itself the possibility of interrupting the access in the service of the Customer to proceed to a technical intervention to improve its functioning. Web agency 360 will inform then the Customer previously, as possible and for the reasonable deadline(extension), by informing him(it) about the nature and about the duration of the intervention, so that the Customer takes his capacities(measures). - intervene quickly in case of incident being(being a matter) of its responsibility. - Assure(insure) the preservation the best level of the quality of its clean(appropriate) tools. - implement(operate) all his(her,its) ways(means) to free(deliver) in optimal conditions the service(performance) to Customer, safe in the hypothesis of an intervention expressly asked by a competent administrative or jurisdictional Authority.
ARTICLE 4: RESPONSIBILITY OF WEB AGENCY 360
4.1 - The responsibility of Web agency 360 will not be committed(hired):
4.1.1 - If the execution of the contract, or any obligation(bond) falling to Web agency 360 in conformance with(for) the present, is prevented, limited or disturbed because of fire, explosion, failure of the networks of transmission, collapse of the installations, the epidemic, the earthquake, the flood, the power failure, the war, the embargo, the law, the order, the demand(request) or the requirement of any government, strike, boycott retreat(withdrawal) of authorization of the operator of telecommunication, because of a person receiving benefits(provider) of Web agency 360 (host, access provider, etc.) Or other circumstance outside the reasonable control of Web agency 360 ("Case of absolute necessity"). Then Web agency 360, subject to a quick notification to the Customer, must be exempted from the execution of its obligations(bonds) within the limits of this hindrance, limitation or disturbance, and the Customer will be exempted in the same way from the execution of his obligations(bonds) as far as the obligations(bonds) of this part(party) are relative to the so prevented, limited or disturbed execution, under the condition that the part so affected(party so affected,part so allocated,party so allocated) makes its best efforts to avoid or mitigate such causes of non-fulfillment and as both parts(parties) proceed with quickness since such causes will have stopped or deleted(eliminated). The part(party) affected(allocated) by a Case of absolute necessity will have to hold the other part(party) regularly informed about the forecasts of abolition(deletion) or about restoring of this Case of absolute necessity.
4.1.2 - If the effects of a Case of absolute necessity had to have a superior duration in 30 days, as from the notification of the case of absolute necessity in the other part(party), the contract can be cancelled by rights at the request of the one or the other part(party), without right(law) for compensation(allowance) on both(all) sides.
4.1.3 - Or still because of the Customer, in particular in the cases below: · Deterioration of the application. · Misuse of the service(department) by the Customer or by his Clientele, the fault, the carelessness(negligence), the omission or the failure from him/her. · Failure to respect the given advice(councils). · Disclosure of the password put back(handed) confidentially to the Customer. · illicit Use of the password put back(handed) confidentially to the Customer. · Fault, carelessness(negligence) or omission of a third(third party) on which Web agency 360 has no power of control or surveillance(supervision). · Demand(Request) of temporary or definitive interruption of the Service(Department) or the Service(Performance) emanating from a competent administrative or judicial authority, or notification of a third(third party) in the sense(direction) of the article 6 of the LCEN. · partial or total Destruction of the information, the data or the service(performance) passed on(transmitted) or stored following attributable errors directly or indirectly to the Customer.
4.2 - Web agency 360 cannot be held responsible for the contents of the information, the sound, the text, the images, the elements of shape, accessible, passed on(accessible, transmitted,approachable, passed on) data or alignments(on-line publishing) by the Customer and it in any respect whatsoever.
4.3 - Web agency 360 could not be held responsible for the total or partial failure to respect an obligation(bond) and/or a failure of the operators of transport networks towards the Internet world and in particular the sound or his(her) access providers.
4.4 - The repairs owed by Web agency 360 in case of failure of the service(performance) which would result from a fault established against him/her will correspond to the direct, personal and certain damage bound(connected) to the failure in cause, to the express exclusion from any indirect damage such as, in particular, commercial damage, loss of commands(orders), reached(affected) just like mark(brand), any commercial disorder(confusion), loss of earnings or Customers (for example, inconvenient disclosure of confidential information concerning them as a result of imperfection or of hacking of the system, the action(share) of a third(third party) against the Customer, etc.).
4.5 - In any case, the amount of the damages which could be put chargeable to Web agency 360, if his(her,its) responsibility was committed(hired), will be limited to the amount of the sums actually paid(poured) by the Customer with Web agency 360 for the service(performance) considered or charged to the Customer by Web agency 360 or to the amount of the sums(naps) corresponding to the price(prize) of the Service(Performance) for which the responsibility of Web agency 360 was held(retained). The lowest(weakest) amount of these sums(naps) will be considered.
4.6 - Web agency 360 makes no specific protection(saving) of the local data of the Customer. It is up(is accordingly up) to the Customer to take any measures necessary for the protection(saving) of its data in case of loss, or of deterioration of the confided(entrusted) data, whatever is the cause, including that not expressly aimed by the present.
4.7 - In case of loss of the data directly or indirectly because of the customer, the désarchivage of the data concerned by Web agency 360 is subjected(submitted) to invoicing.
4.7 - The Customer recognizes that no condition of the present will clear(release) him(it) of the obligation(bond) to pay all the amounts due to Web agency 360 in conformance with(for) the realized services(performances).
ARTICLE 5: OBLIGATIONS(BONDS) AND RESPONSIBILITY OF the CUSTOMER
5.1 - The Customer makes a commitment to have the power, the authority and the capacity necessary for the conclusion and for the execution of the obligations(bonds) planned in the present.
5.2 - Web agency 360 recommends to the Customer of lira attentively the following rules(rulers). They have for object to remind to the Customer the main applicable rules(rulers). In spite of the carried(worn) attention on the writing(editorial staff) of these rules(rulers), Web agency 360 cannot assume(accept) any responsibility because of the information which are not contained there. Web agency 360 thus advises(recommends) strongly to the Customer to address an advice(council) to deal with its particular problem. The Customer is responsible for words and for contents representing on his supports(media) and what he spreads(broadcasts) via the intermediary of Web agency 360.
5.3 - He(it) is specified, that the Customer deals personally with all the legal, statutory or administrative authorizations necessary for the implementation and for the exploitation(operation) of the service(performance).
5.4 - It is also specified that the Customer makes a commitment to respect within the framework of the exploitation(operation) of the service(performance), the legal and ethical rules(rulers) which can govern the exercise of his(its) profession, and more generally the use than he(it) envisages services(performances). In any case, the Customer is responsible for the respect for common decency and for law and order, for respect for Laws and regulations, in particular regarding child protection and regarding the respect for the human person. He(it) commits in the same conditions to the respect for rules(rulers) relative to the protection of name specific data and more generally those relative to rights of the third parties, in particular concerning intellectual property rights, as well as rights relative to the information and to the contents of Web sites. Web agency 360 reserves the right to suspend or to interrupt all or part of the Services(Performances) in case of breaches(negligences) in these obligations(bonds) by the Customer.
5.5 - The Customer is the whole and exclusive person in charge of the passwords necessary for the use of his Service(Department). Web agency 360 gets free any responsibility for any illicit or fraudulent use of the passwords put at the disposal of the Customer from the date by broadcast(emission,issue) of one or several invoices. The supply of the passwords is considered as confidential. Any suspicion of a disclosure, deliberate or not, supplied passwords, engages the unique(only) responsibility of the Customer with the exception of that of the Web agency 360. The Customer will support(bear) only the consequences of the defect of functioning of the service(department) consecutive to any use, by the members of his staff or by every person to whom the Customer will have supplied sound (or his(her,its)) word (s) of pass. Also, the Customer supports(bears) only the consequences of the loss of one or several aforesaid passwords.
5.6 - Any republication or désarchivage bound(connected) in x) word (s) of pass can be the object of a complementary(additional) invoicing without it can be opposable in Web agency 360.
5.7 - The Customer makes a commitment to respect all the current legal and statutory requirements, and in particular those relative to the computing, to the files, to the liberties and to the intellectual property, as well as rights of the third parties, and makes in particular a commitment to make any statement(declaration) of treatments(processings) with the Commission nationale de l'informatique et des libertés ( C.N.I.L)..
5.8 - The Customer makes a commitment not to accommodate datum of charm or with pornographic character, racist or illegal and those having hypertext links towards this type(chap) of sites These are absolutely forbidden on the services(departments) of accommodation(hosting) of Web agency 360. Also, he(it) refrains from itself in any accommodation(hosting) of site on pages concerning any proselytism concerning sectarian movements such as denounced(cancelled) on the parliamentary report(relationship) " sects in France ", or considered as representing a sectarian risk for the services(departments) of the State, or recognized as such by a judicial decision having binding force of the res judicata. He(it) also makes a commitment not to make a rerouting towards this type(chap) of sites.
5.9 - The Customer makes besides a commitment to take all the necessary insurances with a manifestly solvent body to cover all the damage which would be attributable to him(her) within the framework of the present contract or of its execution.
5.8- The Customer declares to accept completely all the legal obligations resulting from the property of his services, Web agency 360 c to be neither looked for nor to worried in this respect whatever the reason, in particular in case of violation of laws or regulations applicable to the services of the Customer. The failure to respect by the Customer of the above-mentioned points and the points reffered to the particular conditions, in particular any activity susceptible to engender a civil andor penal liability will pull the right for Web agency 360 of décâbler andor to interrupt immediately and without preliminary formal demand the Services andor Supports andor Services of the Customer and to cancel immediately and by rights the contract, without prejudice of the right for any damages to which Web agency 360 could aspire. In these hypotheses, the Customer cannot claim to the refund by Web agency 360 already paid sums. The Customer undertakes to settle directly to the author of the complaint any sum whom this one would require. Besides, the Customer undertakes to intervene at request of Web agency 360 in any authority engaged against the latter as well as to guarantee in Web agency 360 of all the condemnations which would be pronounced against her on this occasion. Accordingly, the Customer undertakes to deal personally with any complaint andor procedure whatever is the form, the object or the nature which would be formed against Web agency 360 and which would be connected with the obligations put chargeable to the Customer in conformance with the present contract.
5.9- The Customer, solely responsible for the contents of the Service, undertakes to assure his expenses the defense of Web agency 360 in case the latter would be the object of an action in claiming, concerning the data, the information, the messages etc., which she spreads, and to take at his/her expense the compensation owed in repair of possibly undergone damage, on the condition of having any freedom to compromise and lead the procedure. The Customer undertakes to set up the ways of protection necessary for the sustainability of his activity.
5.10- The Customer undertakes to inform Web agency 360 within 48 hours of any modification concerning his situation, and within 24 hours of any possible loss of the passwords. The Customer, for any contact with Web agency 360, undertakes to formulate clearly his request, according to usage rules.
ARTICLE 6: EXECUTION, DEADLINE(EXTENSION), PRICE LIST(RATE), PAYMENT, RENEWAL
6.1 - The commanded(ordered) services(performances) are mentioned in the order form; they get on(hear each other) inclusive of all taxes unless otherwise specified and are payable in euros.
6.2 - Web agency 360 applies daily or hourly fees. Every day or the hour begun(affected) is due. The price lists(rates) of Web agency 360 are the following ones, except specific mention(distinction): - hourly Price lists(Rates): 65€HT - daily Price lists(Rates): 350€HT
6.3 - If, because of the direct or indirect responsibility of the customer, the breach(negligence) of this one in its obligations(bonds), the error from him/her or any other action(share) falling to him(her), the granted(tuned) time(weather) planned on the order form came to be increased, this supplement can be refacturé to the customer without preliminary order form. Web agency 360, as possible will warn(prevent) the customer before the first slice of the extra time.
6.3 - Within the framework of subcontracting for the customer, it was advisable that Web agency 360, by default, will maintain no direct contact with the customers of the Customer of Web agency 360. If for due to the lack of skill(competence), of time(weather) or of technicality on behalf of the customer of Web agency 360, Web agency 360 was brought to operate so, any intervention will be charged by Web agency 360 to the customer of Web agency 360 and not to the customer of this one. Web agency 360, has a commitment only to his(her) own customers.
6.4 - The services(performances) commanded(ordered) Web agency 360 are subjected(submitted) to an organization strict and perfectly planned beforehand between Web agency 360 and the Customer. Any demand(request) having for object the intervention of Web agency 360 will be formulated by the Customer at least two ( 2 ) calendar days before the application of this one. Any demand(request) not respecting this plan will be considered as urgent and can be the object of a 50 % increase on price lists(rates) mentioned in the article 6.2.
6.5 - The opening hours of Web agency 360 are from Monday to Friday from 9 am till 12:30 am and from 1:30 pm till 6 pm. He(it) adorned obvious that during a putting in production, certain corrections whatever it is, can be brought. For these obvious reasons of quality and speed of intervention, no putting in production can be made on Fridays.
6.6 - The signed services(performances) are payable under fifteen ( 15 ) calendar days from the date of broadcast(emission,issue) of the invoice freed(delivered) to the customer by email and/or by mail way. The methods of payment are stipulated on the invoice.
6.7 - The provision of the Service(Performance), intervenes for the deadline(extension) determined on the order form and this as from the actual payment by the customer of the service(performance) to the conditions stipulated on the order form unless otherwise specified mentioned in this one and of return by mail voice(vote), of e-mail or B.A.T. (Good to Pull(Fire)) which(who) will apply to validation of the graphic and/or technical and/or editorial aspects. The actual payment is realized since the corresponding sums in the conditions of the order form are credited on the bank account of Web agency 360.
6.8 - Web agency 360 accuses immediate reception to the Customer, of the form of command(order) duly signed and dabbed by the stamp(tablet) of the Customer, by the payment and by the B.A.T. (Good to Pull(Fire)), and informs him(it) about the implementation of the commanded(ordered) service(performance).
6.9 - Actually, the Customer can question on no account the responsibility of Web agency 360 after agreement on a specifications for the commanded(ordered) services(performances), in the case or he would have omitted to indicate an error or an oversight(forgetting).
6.10 - Web agency 360 saves itself the faculty(power) to modify its prices(prizes) at any time, subject to informing the Customer about it by e-mail, fifteen days ( 15 days) in advance if the new price lists(rates) exclusive of tax are less favorable to the Customer. In this hypothesis, the Customer will have as from this information of a deadline(extension) of fifteen days ( 15 days) to cancel the present contract without penalty. Failing that, the Customer will be considered for having accepted the new price lists(rates). The modifications of price lists(rates) will be applicable to all the contracts in particular to those in the course of execution.
6.11 - Web agency 360 reserves the right to echo, immediately, any new tax or any increase of rate of the existing taxes, subject to informing the Customer about it by e-mail, fifteen days ( 15 days) in advance if the new price lists(rates) exclusive of tax are less favorable to the Customer. In this hypothesis, the Customer will have as from this information of a deadline(extension) of fifteen days ( 15 days) to cancel the present contract without penalty. Failing that, the Customer will be considered for having accepted the new price lists(rates). The modifications of price lists(rates) will be applicable to all the contracts in particular to those in the course of execution.
6.12 - The services(performances) supplied by Web agency 360 are payable according to terms of payment indicated on the order form. The Customer is solely responsible for the payment of all the sums owed in conformance with(for) the contract of services(performances) of Web agency 360. Of express agreement(convention) and except adjournment(transfer) requested in time and granted(tuned) by Web agency 360 in a particular and written way, the total or partial defect of payment when due of any sum owed in conformance with(for) the contract will pull(entail) by rights: · The immediate payability of all the sums staying owed by the Customer in conformance with(for) the contract, whatever is the planned method of payment. · The suspension of all the services(performances) and/or the current(the in class) services(departments), whatever is their nature, without prejudice for Web agency 360 to use(to wear out) the faculty(power) of termination of the contract. · The impossibility to sign new services(performances) or to renew them. · The application of an interest at a rate equal to 15 % without this one can be lower for one and a half time the current legal interest rate in France. Any concerning disagreement the invoicing and the nature of the services(departments) must be expressed by e-mail at the address contact@Agence-Web-360.com within a fortnight (15jours after broadcast(emission,issue) of the order form. In the hypothesis where expenses would be exposed(explained) by Web agency 360, the latter will inform the Customer about it and will communicate with him(her) documentary evidences and the corresponding invoice. The Customer will then have to settle(adjust) the sum owed in euros.
6.13 - The delivery deadlines are agreed the customer and will be notified. They will also depend on the reactivity of the customer to supply elements necessary for the development of the project.
6.14 - Any delivery deadline is given only for information purposes, and its non-observation cannot motivate a discount(delivery) or any compensation, whatever are the causes, the importances or the consequences of the delay. On no account, Web agency 360 can be held responsible for delays caused by a breach(negligence) turned out by the Customer in its obligations(bonds) of reactivity, transmission of elements favoring the realization of the service(performance). The Customer will have to speak as often as necessity with Web agency 360 for the proper functioning of the projects confided(entrusted) to this one. These exchanges can be physical as possible and/or by way(bias) of mail and/or by e-mail and/or through phone conversation.
6.15 - The service(performance) has for duration that planned with order. For lack of precision, the service(performance) is considered delivered in a firm and definitive way to the delivery date. The date of issue of being valid invoice.
6.16 - For lack of delivery slip, the date of due remaining payment of the balance will be valid.
6.17 - If however none of the two evoked solutions to articles 6.13 and 6.14 of the present general terms of sale could not be applicable, Web agency 360 reserves the right to send to the Customer a mail in RAR to inform him(her) the firm and definitive delivery of the service(performance). Without contesting turned out on behalf of the customer, the service(performance) will be considered as delivered in a firm and definitive way.
6.18 - The customer has to make sure that the delivery is in accordance with its requirements and to proceed to all the necessary tests before resorting(turning) to the signature of the delivery slip. Web agency 360 will have no obligation(bond) whatever it is after the signature of the delivery slip. Any later modification at the signature of the delivery slip will have to be the object of a new command(order).
6.19 - Web agency 360 will notify to the Customer as possible by means of mails sent to the contact of invoicing of the Customer (e-mail address to be kept up to date, under the responsibility of the Customer) before the term, the obligation(bond) to acquit(settle) the price(prize) for the renewal of the service(department) of the service(performance) or the support(medium), when this one is possible. Any non-payment or irregular payment, that is, in particular, of an erroneous amount, either incomplete, or not containing the required references, or made by a way(means) or a procedure not accepted by Web agency 360, will be purely and simply ignored and will cause(provoke) the rejection(discharge) by Web agency 360 of the demand(request) of recording or renewal.
6.20- In the absence of means of payment recorded with Web agency 360 for the payment of the renewal of the service or in case of failure of the payment, Web agency 360 will inform the Customer, as far as possible, about the need to update or to communicate its information of payment by e-mail and by way that it considers necessary ten days (10 calendar days) before the expiration of e the signed service, it is up to the Customer to communicate the necessary information at the latest five (5) calendar days before the expiry date of the Service, Services or the supports subscribes. Web agency 360 could not see its involved responsibility in case of not renewal of a service further to a payment not honored or not settled by the Customer.
6.21- The Customer is expressly informed and accepts that in case of non compliance with the capacities which precede, the service will immediately be suspended from its expiry date and a deadline of 48 hours will be granted to the Customer to get back the data accommodated on its Service (within the framework of realization concerning accommodated digital supports). At the expiration of this deadline, the set of the data will be erased by Web agency 360 and the recycled service. Web agency 360 will archive the data on his waiters beyond this deadline. The désarchivage of these data will be the object of a new invoicing.
ARTICLE 7: TERMINATION, LIMITATION AND SUSPENSION OF THE SERVICE 7.1 - Each party can cancel by rights and without compensation the contract in case of force majeure remaining more than thirty days 7.2 - For a termination before term of the contract, the Customer is free to cancel the contract by mail RAR at the address of the head office of Web agency 360. The customer will nevertheless have to settle amounts to fall initially planned contractually.
7.3- In all other cases of breach by one of the parts in the one or other one of its obligations in conformance with the contract not repaired within 15 calendar days to matter either of a mail RAR sent by the litigant part notifying the breaches in cause, or of any other form of notification making faith sent by said left, the contract will be cancelled by rights, without prejudice to any possible damages which could be demanded in the failing part. The date of notification of the letter containing the breaches in cause will be the date of reception of the accused of deposit.
7.4 - Web agency 360 reserves the right to interrupt the service(performance) of the Customer if this one establishes(constitutes) a danger for the preservation of the safety(security) or the stability of the platform of accommodation(hosting) of Web agency 360 or any other structure which can strike a blow at the integrity of Web agency 360. As possible, Web agency 360 will inform beforehand the Customer.
7.5 - Any defect or delay in payment on behalf of the customer as well as the non compliance with the obligations(bonds) in conformance with(for) the present general conditions will pull(entail) a cessation of the service(performance). Beforehand the Web agency 360 company will have warned(prevented), as possible, the Customer of its intention to stop the service(performance).
ARTICLE 8: OPERATING CONDITIONS
8.1 - Within the framework of supports(media) says "Digital technology" and/or "Multimedia", The Customer recognizes by present that the fluctuations in the bandwidth and the hazards of access providers and hosts are elements which can pull(entail) a discontinuity in services offered by the company Web agency 360, and outside its technical means.
8.2 - Besides, the Service(Performance) is restricted, limited or suspended by rights by Web agency 360: · If it seems that the Customer uses the Service(Performance) which is supplied to him(her) for an activity, whoever it is, which would not be in accordance with the service(performance) and/or with the present general terms of sale. · In application of the applicable particular conditions. · If Web agency 360 receives an opinion(notice) for that purpose notified by a competent, administrative, arbitration or judicial authority, according to the appropriate applicable laws, or by a third(third party), in particular according to the reliable law for the Digital Economy of June 21st, 2004.
8.3 - Web agency 360 reserves the right to check(control) the respect for the conditions of use of the service(performance).
ARTICLE 9: TOLERANCE
9.1 - The fact that Web agency 360 does not take advantage(boast) at some point of any of the present general terms of sale and/or tolerates a breach(negligence) by the other part(party) in any of the obligations(bonds) aimed in the present general conditions cannot be interpreted as being worth renunciation by Web agency 360 to take advantage(to boast) later of any the aforementioned conditions.
ARTICLE 10 - CONFIDENTIALITY
10.1 - Each party recognizes that the negotiation and the execution of the contract can bring him(it) to acquaint with information appropriate(peculiar) to the other part(party). Each party thus takes the commitment and answers for his(her) staff of the respect for the obligation(bond) to communicate to whoever, either directly, or indirectly, neither the information, the information or the documents (that they carry(wear) or not a mention(distinction) of confidentiality) collect(take in) on the occasion of the execution of the contract or on the occasion of exchanges or of the visits preceding the conclusion of the contract, nor the contract itself. The present obligation(bond) of confidentiality will survive in spite of the expiration of the contract until the information in cause becomes common knowledge.
ARTICLE 11 - INTELLECTUAL PROPERTY
11.1 - Web agency 360 remains an owner of its services(performances) following articles 111-1 and 111-2 of the code of the intellectual property. The customer declares to have made sure of the rights necessary for the technical, IT property, the industrial, literary and artistic properties, the rights for the image under all his forms, for the right(straight) humanists of the property to the natural and moral person, etc.....
11.2 - All technical development whatever it is, photos, texts, slogans, drawings, images, sound livened up(led) sequences or no as well as any works integrated(joined) into a service(performance) created or modified legally by Web agency 360 stay its property. Any reproduction, representation, use or modification by the customer, whatever process it is and whatever support(medium) it is, of all or part of a service(performance), without having obtained the prior authorization of Web agency 360 is strictly forbidden and establishes(constitutes) an offence of forgery(imitation).
11.3 - Generally speaking, Web agency 360 grants(tunes) a strictly personal right(law) in Customer, non-exclusive and non-transferable of use of the service(performance), quite different right(law) being expressly excluded without prior written agreement. These obligations(bonds) of property will survive in spite of the expiration or the termination of the contract.
11.4 - These present conditions can be denounced(cancelled) only after agreement written on behalf of Web agency 360, stipulating that Web agency 360 gives up its right(straight) height and integer of property. The initiative of such an approach(initiative) will be motivated by the Customer.
11.5 - In the case of a demand(request) of transfer of right(law) by the customer, a contract can be written and signed by both parts(parties), specifying the detailed modalities(methods) of transfer of the rights. For all the services(performances), following the article L132-31 the contract will have to specify the different remuneration owed for every mode(fashion) of exploitation(operation) of the service(performance) as well as their duration even if this one remains indefinite.
11.6 - Within the framework of transfer of full and whole right(law) for the customer, it was advisable that this transfer will intervene only after the total payment of the fees due to Web agency 360.
ARTICLE 12 - ERRORS AND CORRECTIONS
12.1 - All our services(performances) are reread(reviewed) by ourselves(by our care) and subjected(submitted) to your check: in case of error or of omission, our responsibility limits itself exclusively to the replacement of one or several element (s) which presents a non-compliance. No compensation(allowance) of whatever nature can be demanded.
12.2 - On no account, the Web agency 360 company will take care of expenses whatever they are concerning the corrections notified after the validation of the specifications.
12.2 - If however, Web agency 360 had to bring modifications to one of its services(performances) after the validation of the specifications, Web agency 360 reserves the right to apply the principle of complementary(additional) invoicing to price lists(rates) planned in the article 6.2.
ARTICLE 13 - ADVERTISING(PUBLICITY) AND PROMOTION(CLASS)
13.1 - Web agency 360 can on the occasion of demonstrations(appearances), in the colloquiums and the publications specialized on the professional markets, take advantage(boast) of services(departments) supplied to the Customer as well as on its commercial documents and/or plaques.
13.2 - The Customer makes a commitment not to exploit(run) names and logos of Web agency 360 and his services(departments) under a shape which could harm or strike a blow at its reputation. In particular, neither names nor logos of Web agency 360 and its services(departments) can be associated, directly or indirectly, to any company, mark(brand), or other, representative of a product or an incompatible or rival service(department) with the object of its services(departments).
ARTICLE 14: GENERAL ARRANGEMENTS
14.1 - The nullity of one of the clauses of the contract of services(performances), services(departments) or supports(media) signed with Web agency 360, in application in particular of a law, a regulation(payment) or following a decision of a past competent jurisdiction in force of res judicata will not pull(entail) the nullity of the other clauses of the contract of services which will keep(guard) their full effect and carried(worn). In this case, the parts(parties) will have to replace as possible the arrangement(measure) cancelled by a valid arrangement(measure) corresponding to the spirit and to the object of the contractual Conditions.
14.2 - Any opposite clauses to those above inserted on the commercial documents of the customers of Web agency 360 will be considered as null and void.
14.3 - Our present conditions will govern only sales and services(performances) of Web agency 360.
14.4 - The titles of articles of General terms of sale have for only purpose to facilitate the references and do not have by themselves, a contractual value or a particular meaning.
ARTICLE 15: APPLICABLE LAW AND DISPUTE
15.1 - The present contract is governed by the French law and is subjected(submitted) to the French jurisdictions.
15.2 - In case of dispute concerning the contract or its conditions, and for lack of amicable settlement, the commercial court of Fat will be only competent.
Web agency 360 - Sole proprietorship. Head office: 1501 route des dolines – 06560 Valbonne
487 916 389 RCS Antibes - VAT IC: FR 0F 487 916 389 - NAF: 6202A