The present general conditions of sale are provided for information only. Only the French version can be considered as contractual : https://www.kim-communication.com/cgv
Article 1 – CONTRACT PARTIES
The term Customer means any legal or natural person (user, purchaser), who needed the skills of the service provider.
The term Service Provider refers to the person in charge of the realization of the service, the company : Kim Communication LP.
The term third parties refers to any third person or entity who doesn’t making part of the sale. This person can intervene in it on demand of the customer or the service provider.
Article 2 – GENERAL
These Terms of Sales are intended to define the rights and obligations of parties in the sale of products and services made by the service provider as part of his business of website creation, graphic design, mobile apps and infographist for his customers. The service provider reserves the right to change his terms and conditions, his packs and pricing at any time without notice. If the customer is an individual, he admits to being major according to the laws of the country where he resides.
The customer making use of the services involved acknowledges having read and fully accepted the following terms and conditions of sale, as well as the warnings contained in the extracts of Act No. 57-298 of 11 March 1957 on the artistic property (OJ of 14 March 1957) to the copyright laws regarding intellectual property. To do this the customer will positively answer to the estimate received, by email, as an electronic signature, or settle a down payment by the payment method that the service provider has proposed. By this way, the customer agrees to approve the terms and conditions. The electronic nature of this signature can not be challenged and the customer must prohibit the access to his mail inbox to persons who can impersonate during the approval of these conditions. By accepting an estimate from the service provider, the customer attests that he unconditionally accepts the terms and conditions.
Article 3 – CUSTOMER RESPONSIBILITY
The customer agrees to provide accurate and truthful information and undertakes to inform the service provider of any changes in the datas provided and will be solely responsible for any problems that may result from incorrect information. The customer must maintain an email address valid and must answer to the given phone number. Conventional mail or RAR communication may not be required by the Client.
Article 4 – COMMITMENTS OF THE PARTIES
In general, the customer and the service provider shall collaborate to ensure the proper execution of the sale. Everyone is committed to communicating all the difficulties which he knows, to progressively allow the other party to take the necessary measures.
Article 4-1 – The customer
To allow the service provider to achieve his mission, the customer will:
• Be able to provide to the service provider an exhaustive design brief. The service provider may help the customer in the report of functional specifications and detailed technical with the usual hourly rate. In the opposite case, the estimate will be free in most case.
• Read, understand and accept the service proposed by the service provider. Otherwise (in the contrary case), it is the responsibility of the customer to demand details to the service provider on his future mission. If changes involve a implicit substantial reshuffle of the offer or of the design brief, ths changes will be charged in addition to the initial estimate.
• Approve the future intervention of the service provider by an email agreement or through the payment of a deposit and therefore approve the sales conditions. The electronic nature of this signature can not be challenged and the Customer must prohibit access to third party who can impersonate to his email inbox when approving this service and therefore these terms and conditions.
• Provide all graphical and textual documents necessary for the proper performance of the contract (the documents have to be in an usable formats according to targeted media).
• Have the necessary rights to the information provided above. Only the customer’s responsibility will be engaged in this case.
• Be reactive and answers promptly to emails sent by the service provider and do everything in his power not to lengthen the approximate delivery time.
• Actively work to the project’s success by bringing in the necessary time involved in all information and documents necessary for the proper understanding of the needs and performance of the services.
• Adhere strictly to the technical and creative recommendations made by the service provider.
• Ensure the service provider against any action that may be brought to him because of the nature of the datas or information (text, images, sounds) that would have been provided or determined by the customer.
• Inform the service provider of any competition with other service providers.
• In the case of an intervention on a third party server that is not managed by the Service Provider, be able to provide all the necessary accesses to the realization of the mission : at least the login identifiers To the CMS administrator dashboard, to the FTP service and to the MySQL manager (PHPMyAdmin). With these only accesses, the Service Provider can not offer the best rates. In order to guarantee a professional service including the creation of a clone (copy of development) of backups and to reduce the delays in realization and therefore benefit from the best rates of the part of the Service Provider, the Customer will also ensure theses accesses : SSH connection identifier of the user associated with the website targeted by the mission, full access to the web hoster management panel (example: OVH manager), access to the control panel of the hosting account (example: cPanel) including access to a file manager and a MySQL data import/export tool.
• Assume the responsibility for the security of the confidential login provided to the customer by the service provider. If the customer gives the confidential login to a third party, the service provider may not be held liable for the damage that it might cause. The customer is free to change his logins / passwords (or request for change it) as many times as he wishs upon notification to the service provider.
• Make the information request process, files, data for the resumption of the website by another provider if that happen one day, for example, force majeure / death of the service provider.
Article 4-2 – The service provider
• The service provider will try to give an approximate delivery time, which will depend on the data transmission speed and / or payments from customer.
• If necessary, the service provider may intervene in the development of the design brief, together with the customer. This work will be charged to the customer with the usual hourly rate if it exceeds 4 hours of work (development of prototype / drawings preview screen).
• The service provider ensures that the creations are legally available and are not burdened with rights of third parties, whether salaried or not the provider, for the uses provided for the sale.
• He undertakes to inform the customer of the progress of the project.
• Under confidentiality and throughout the term hereof and even after their termination for any reason whatsoever, the service provider agrees to keep strictly confidential all information and documents of any nature whatsoever related to the customer, which he could have had access under executing his present mission.
• The service provider is committed to respecting the privacy of his customer. The information provided to the service provider and his company will not be sold, rented or shared with third parties.
• In case of Internet websites where the service provider is the direct contact between the customer and the Managed Services, the service provider is committed to the extent of feasibility to provide the customer with all data and information for the resumption of its website and / or its new competent service provider if the customer requests it: physical files, database and hosting deals concerned: FTP / MySQL access, etc.
• In case of recurring services such as hosting, the service provider agrees to notify the customer of the termination of his service at least 15 days in advance by email, otherwise the service provider may not require the renewal thereof on explicit agreement of the Customer.
• In case of sales where the service provider is in contact with a customer of a customer, so in case of outsourcing, the service provider undertakes not to solicit the Customer’s customer, offering his own services in order to circumvent the customer, and for a period minimum of 3 months after the execution of the mission, purpose of sale, without express permission of the customer.
Article 5 – OTHER FEES
• The majority of the various elements necessary for the realization of the offers are included in the prices. In cases where the sale would generate additional costs not directly included in the offer, such as additional fonts, pictures / illustrations from additional image banks, printing costs or additional Web hosting fees, the customer may demand the settlement of these costs through his service provider if he could not pay the fee himself.
Unless this has been explicitly stated in the offer, the textual content for product realization will be provided by the customer.
Unless explicitly specified in the offer or in a maintenance package, the terms and conditions which can not exceed one year, the fees for the premium plugin licenses required to update the website have to be paid by the final customer. In the case of licenses that have been paid by the provider during the sale of the website (for example, during the initial development) and in the context of an extended maintenance, a new estimate will be proposed to the customer each year, to establish the new financial conditions which concern the maintenance of the website, in particular as regards the payable extensions necessary for the proper functioning of the said website.
• About the hosting of 1 site (ie, 1 domain name), the service provider will offer 3 formulas to the customer:
– EasyHoster hosting suitable for lightweight, simple websites (for example, a static site or a WordPress site without special plugins)
– “Comfort” formula hosting at 290 € / year on a high performance HyrbridCloud server for more complex sites; 5Gb storage space (support and maintenance level 1)
– “Haut de Gamme” formula hosting at 390 € / year on a high-performance HyrbridCloud server for larger complex sites; 10Gb storage space (support and maintenance level 2)
– beyond the “Haut de Gamme” offer, additional storage space is charged at the rate of 120 € / year for every 10 Gb of additional space
Article 6 – ORDER AND PROCEEDINGS
The deposit payment or quotation payment by the customer acts as the terms of sale agreement. The customer confirms having read and accepted these terms and conditions. The service begins as soon as the payment has been received and validated by the company. If “all inclusive package” containing several elements splittable, the customer can choose to pay his “all inclusive package” for as many times as there are items that can be listed in a separate estimate (4 maximum). The approximate delivery time will depend on the responsiveness of the customer to provide the documents or make the necessary payments when asked. The graphical and textual documents necessary for the proper performance of the contract should be available to the service provider, otherwise the delivery time will be lengthened.
Article 6-1 Additional information on the procedure established between the service provider and the customer during the implementation of a comprehensive website:
1. The customer contacts the service provider for advice on the product or the best solution for his project.
2. The service provider guides the customer to one of his services / products while describing him more or less succinctly.
3. The customer can request a quote for the product of his choice, after having understand the offer, by providing the following information to the service provider: Company Name and Name of Manager, Address, Postcode, City, Telephone, Email, Country, Siret (eg : 987654321), EU VAT (eg : FR98765432100).
4. The service provider realizes the estimate which will be sent to the customer by email within 5 working days.
5. The customer accepts the estimate sent to him by an email agreement or deposit payment. This is an agrement to the complete offer that was made to him.
6. The intervening notes and fixed:
– An approximate delivery time: the time can vary, for example extended if the customer responsiveness with the service provider.
– A deadline for settlement or invoices: in case of non-payment at the time specified, the quote and the approximate delivery time expire.
7. The customer makes payment within 10 working days.
8. The payment is received and validated by the service provider, the customer receives immediately his paid bill.
9. The work begins.
9.1 Although not systematic and if it was established in the financial offer, the customer can receive in some cases a first and unique graphical proposal. It is a “graphic Model” image corresponding to the best graphics preferences that were mentioned by the customer.
9.2 The customer can critics it and demand changes on the elements of this model unsuitable for him.
9.3 The service provider makes corrections and sends the second model to the customer;
9.4 The customer validates the changes and the final model. If this model still does not fit the customer needs, the extra work for every change and every model will be charged the normal hourly rate.
9.5 The service provider do the HTML / CSS integration of the model “image” in the webpages. He adapts it to the content management system in case of the use of a CMS.
10. The customer receives the product cited in the subject quote: the sale stops nut not for extended working period (eg, server managed services, hosting website …).
11. Website guarantee after delivery: in certain specific cases, the intervener may include, through his “price offer” a guarantee of smooth operation, included without additional cost and having a limited duration in time (generally, 1 month after delivery). This can only be required by the customer if it has been explicitly mentioned in the price offer that has been accepted. The “valid” aspect of the customer’s claims to the warranty performer is at the sole discretion of the practitioner. The intervener is the sole judge of the interventions included or not in the framework of the guarantee after delivery. Termination of warranty: like a legal guarantee of conformity (like that of a household appliance for example), the guarantee after delivery of the speaker becomes obsolete from the slightest intervention by another technician, professional or amateur, on the product made by the speaker. In the case where the customer wishes to carry out technical interventions by himself or a third party (another professional or an individual) for example: installation of extensions (plugins), updates of CMS or any intervention carried out with the accesses « administrator “, the guarantee offered by the intervener becomes obsolete. In the case where the customer would like to be hosted by a third company, that is to say have its own web host, the speaker can not offer warranty after delivery. In this situation, the only proposal of the speaker may be to order a pack of hours for technical interventions to perform additional work at the hourly rate.
12. After-sales service (SAV) for website: in some specific cases, the intervener may include, through its “price offer” after-sales service (SAV) included without additional cost and having a limited time in time (usually, 1 month). This can only be required by the customer if it has been explicitly mentioned in the price offer that has been accepted in advance by the customer. In the case where the customer would like to be hosted by a third company, that is to say have its own web host, the speaker can not offer after-sales service (SAV) without additional cost. In this situation, the only proposal of the speaker may be to order a pack of hours for technical interventions to perform additional work at the hourly rate.
N.B.: without specific mentions, the time expected for the payment of steps should not exceed 10 working days. In case of non-payment on the date indicated, the estimate and the approximate delivery time expire. In this situation, the mission is considered abandoned by the customer and the service provider has the right to break his commitments with the customer, no refund possible and in some cases, without delivery of the work performed especially if it has been completed and the customer has not paid the full price thereof. All completed work must be paid in its entirety in order to be delivered.
All services provided directly on their content will be paid in advance.
Article 6-2 Hours package
In case of occasional services, in order to avoid publishing microfactures and to cover the direct requests of the Customer which are being delivery, the service provider will propose his customer to credit his the account through some packs of hours. The customer may, in some cases enjoy some offered hours for free (discount). At the end of the pack, the customer will get details (in a list) of the services provided.
Article 7 – INVOICE AND PAYMENTS
The payments have to be done to the company Kim Communication LP
Article 7-1 – the payment procedure put in place by the service provider
The amounts must be fully paid in advance but not for quotes where the payment terms are different.
Example of exception: when submitting the quote, some service groups can be divided into several payments. For example, a “Website creation pack comprising two stages:” Payment 1 graphic “and integration,” pay 2 accommodation “.
Invoice: the customer receives the invoice and delivery starts as soon as possible when the payment is made, received and validated by the company Kim Communication LP.
Article 7-2 – Different payment methods
• Secure online payment (HiPay): Credit Card (CB) – Visa – MasterCard or PayPal.
Article 7-3 – Additional information on this item
The prices stipulated in the estimate are valid for one month from the date of issuance thereof (except if the expiration date indicats a shorter period). They remain firm and not subject to revision control occurs during this period. The deliverables are those clearly stated in the quotation, so all unstated corollary benefits are not included and will be additional estimates object or an extra bill if the provision was requested by the customer or accepted after proposal by the service provider. Rates are expressed in Euros.
Article 8 – DELIVERY
The approximate delivery time specified to the Customer may reasonably vary, depending primarily on the time for resolving the various stages of payment, in case of additional requests made during the mission, or for other valid reasons and expressed in good faith by the service provider.
It corresponds to a period estimated necessary to achieve the product or service and take effect on the date of validation of the Regulation. The estimated approximate delivery time expressed prior to the start of the service depends partly on the number of other customers waiting before the customer. The same service could be delivered shorter or longer depend on the different times of the year.
The service provider is organized to offer short delivery times, particularly for short tasks. The service provider reserves the right to extend the deadline provided which is approximative.
Excepting a large specific development work, the service provider fixe, in most cases, approximate delivery dates not exceeding 60 working days.
Example: for a first payment made January 1, 2009, a customer should be delivered before 31 March 2009. The delivery time may be postponed if the service provider is not in possession of all the information (photos, texts, videos …) provide by the customer for the realization of his project. Or if the Customer does not perform the necessary validations in pursuit.
The final product is delivered electronically by email, by setting Online FTP or HTTP publication.
Article 8-1 – Technical Impossibilities
In the event that a mission could not be completed due to technically impossibilities (eg hourly intervention to resolution of known bug on the website with a responsible third party plugin which is not maintained, the service provider is not responsible so), an abandonment of mission or alternative will be offered to the client, which in some cases could result in extra fees charged.
Article 8-2 – INTERNET EXPLORER
This browser has been permanently no more supported in 2013 by Microsoft and is no longer updated since version 11. Internet Explorer has never comply the standards of the Web and has always been unstable, hence the abandonment of it by Microsoft.
Article 9 – CANCELLATION OF ORDER
The termination on all goods and services ordered is available by a contact by email. This termination does not involve any refunds or credits on bills that have already been collected and the bills still due have to be fully paid. Any dispute which not finding mutual agreement and subject to a claim for damages by the customer, shall not exceed the amount of the quote/job.
Once an estimate is sent and accepted by the customer, joining the payment of the total amount or partial amount of the estimate, the project will start once the paiement is received and validated by the company.
If the contract is broken before its term by the Customer, the Customer formally undertakes to regulate and reward amounts for current calendar, made to stations or in progress, as well as additional made services. All copyrights remain the exclusive and complete ownership of the service provider, with the exception of data provided by the customer, except in cases where the service has actually been fully paid.
Files and data sources created and used by the service provider can not therefore be claimed by the Customer without a financial contribution. The models, and, more broadly, all original works remain the property of the service provider, as the rejected projects. The amount already paid will remain acquired by the worker, constituting compensation for the work undertaken, and for the break of contract.
In case of a dispute concerning a pack of hours (see section 6-2) resulting from a customer dispute over the details received from the service provider and not finding an amicable agreement, the customer will have on a form of hours of intervention coincides with the number of hours doing the object of his complaint. Once the service provider has worked for these hours of compensation, he will not be available for the Customer and no more sales can not be reached between the two parties, except where the customer paid the extra hours resulting from the issue of compensation litigation created by himself.
Article 10 – TERMINATION OF RECURRING AND IMPLIED RENEWAL
Article 10-1 – All recurring service (see exception to Article 10-2) such as a web hosting service managed by the annual care of the service provider will be canceled at least 7 days before expiration date, in which case the contract is automatically renewed for a further period of one year.
In the opposite case, the total amount of the Hosting year will be due to the service provider. Even if the customer finaly doesn’t want to renew this service, if the condition or the obligation to notify the Customer has been respected by the service provider (see Article 4-2 – The service provider).
Article 10-2 – If the Customer wishes that the service provider managed his domain name (see supplement Article 21), the service provider may, in some cases, renew his domain name in advance without notifying the customer and, for example, to avoid the loss of a domain name due to the renewal of oblivion, or to ease the work in communications. If the domain was renewed by the service provider, the price of his service will be fully due, and, even in case of termination of another service.
Article 11 – INABILITY TO WORK
In case of inability to work, due to illness or accident, the service provider has the right to change the current schedule but may not be required by the customer compensation payments.
Article 12 – FORCE MAJEURE
The parties can not be held responsible or have failed to meet their contractual obligations, when the failure of performance of respective obligations originated of a force majeure; the contract between the parties is suspended until the expiry of causes that led to the force majeure.
Force majeure takes into account the compelling facts or circumstances, outside parties, unpredictable or outside the control of the parties, despite all reasonable efforts to prevent them.
Is also considered as a force majeure the sikness of the decision makers, the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, stop telecommunication networks, including all the networks accessible via the Internet or difficulty specific to telecommunication networks to external parties.
The party affected by a force majeure shall notify the other as soon as possible after the date on which it becomes. Both parties then agree on the conditions under which the contract will be continued.
Article 13 – SETTLEMENT OF DISPUTES
In case of disputes, the parties undertake to make every effort to resolve their problems amicably. If an amicable resolution could not be achieved, it will be the competent court of the nearest city court of the service provider who decides.
Article 14 – PROPERTIES OF THE SERVICES
The entire production and rights thereto, subject of the order remains the sole and exclusive property of the service provider as the issued invoices are not fully paid by the customer, up to the total amount of control and any amendments concluded during delivery. As a corollary, the customer will own due to the production and rights transferred from the final settlement and soldant of all invoices issued by the service provider in the context of the order. Unless otherwise stated on the quote, production files and sources remain the property of the service provider. Only the finished product will be sent to the customer. In the absence of such a reference and if the customer wants to have the source of the documents, an addendum to this document will be requested.
Article 15 – ASSIGNMENT OF PRINCIPLES
Reproduction and reissue of the service provider’s creations are subject to the perception of copyright under the law of 11 March 1957. The sale of these rights relates only to the specific intended use. Any further or other use requires a new agreement.
Modifications or interpretations of a graphic creation or otherwise can not be made under any circumstances, without the consent of the service provider. The mention of the name of the author in the footer can not be removed without the consent of the service provider. The control works belong to the author and not to the customer. The author of the work, which is presumed to be the person under whose name the work is disclosed, is still the original copyright holder, even if he can then sell his economic rights.
Article 16 – COPYRIGHT AND DISSEMINATION
Reproduction and distribution rights are calculated based on the diffusion of creation. They can be a flat rate or partially sold. Each different adaptation of the original work that is the subject of a new copyright assignment. For each new edition, the fee must be updated. The rights are assigned in the temporal and geographical scope of this contract and shall not exceed in this limit. To allow the customer to freely exploit the service provided within the framework of his business, all of the economic rights relating to the creation of the provider, under the project will be fully and exclusively assigned to the customer, and for the dissemination of supports specifically addressed in the order, during the actual payment of the full fees due.
Article 17 – COPYRIGHT AND MENTION OF THE TRADE INVOLVED
Unless explicitly stated otherwise the customer, the service provider reserves the right to include in achieving a commercial statement clearly indicating his contribution, as the phrase “Website design by Kim-Communication.com” matched when the support allows for one or more hyperlinks to one or another site published by the service provider.
Article 18 – ADVERTISING LAW
The service provider reserves the right to mention the achievements made for the customer on his documents for external communication and advertising (website, flyers, etc …) and during commercial prospecting canvassing.
Article 19 – WARRANTY
Article 19-1 – Web Hosting Guarantee
The service provider provides a form of guarantee on access to web hosting clients. The availability of accommodation spaces or Web servers must be 99% minimum. If the downtime of the service has been observed and reported by the customer in contact with the speaker exceeds 1% over the annual subscription every day of downtime will be fully refunded to the client at the end of the annual period or client will get another form of compensation. For this, it may ask the customer to submit an invoice to the intervening way to have a portion of their bill. In case of prolonged downtime, no further financial compensation where no other compensation can be claimed from the speaker, and regardless of the harm stopping the service might engender. In addition, the customer must keep recent backups locally of his website and his datas. These backups can be obtained at any time on request from the service provider.
In the case where the Customer wishes to benefit from the services of the Intervener to perform interventions on a third-party hosting server that is not managed by the Intervener, the Stakeholder is in no way responsible for the reliability of that for example, in the case of lack of resources. That is, if, for example, the Client wants to migrate from a Web server to another server that is not managed by the Stakeholder, he will only be able to perform this one in the case where the hosting service chosen by the client is perfectly functional and compatible with the chosen solutions (WordPress …). In the case where the Customer chooses his hosting solution on his own initiative, he is solely responsible for the proper functioning of the latter. In no case will the Intervener be held responsible for the malfunctions of this one.
Article 19-2 – Guarantees for computer data
The service provider is at the customer’s disposal to provide a copy of the Customer’s IT capital with all the data. Despite the establishment of technical means such as choice of suppliers with backups with retention, the service provider disclaims all liability for loss of data for any cause : Failure of the computer hardware storing and hosting, computer bug, false human handling, system failure backup, etc.
The service provider is available to deliver to the customer on request a recent backup copy of the client’s site, despite the effort of reliability hosting spaces and servers outsourced by suppliers of the service provider, no guarantee about the sustainability of the stored data is provided.
Article 20 – INTERRUPTION OF OFFER
Article 20-1 – stop, interruption and out of stock products and services
The service provider reserves the right to modify or stop offering some services or products as well as internationally move the company or cease his activity for any reason whatsoever.
Products offered and delivered always match to the descriptions on the website of the service provider and to the description sent by email to the customer can be stopped, modified, temporarily out of stock or out of stock final.
Article 20-2 – Mission Refusal
The service provider reserves the right not to accept a mission without having to justify the reason.
Article 21 – DOMAIN NAME PROPERTY
The customer is free to technically manage his domain name by himself and even on request to the service provider. Despite this, the service provider is at the customer’s disposal for domain name registration, the provider can choose for the customer the Registar and mediates (technical contact). Domain names registered by the service provider for customer are registered with the name and business name of the customer in the “Owner” field. Domain names belong to the customer who ordered and the customer is fully responsible of it.