OUR TERMS AND CONDITIONS

Terms and Conditions - Di-Touch - The French Digital Touch

 

ARTICLE 1 – PARTIES

The term Customer refers to any legal or natural person, having required the skills of Sacha Maertens for any web design service, SEO / SEA, lead generation, email marketing or web design.

The customer declares to have full legal capacity to engage under these terms and conditions of sale.

The term DI-TOUCH refers to the business name of the business carried on by Sacha Maertens, manager of a representative S.A.R.L representative in the digital marketing services, referred to as the provider. Third party means any natural or legal person not party to the contract.

 

ARTICLE 2 – PURPOSE AND FORM OF THE CONTRACT

The contract governs the commercial relations between the parties. It consists of a detailed and costed estimate of the service offered by Sacha Maertens, through the commercial name DI-TOUCH, approved by the customer by the apposition of the handwritten mention “good for agreement”, its signature, the date of approval, and by the payment of the deposit provided for in the estimate. It must be written and signed in two original copies. Each party must retain an original copy.

 

ARTICLE 3 – INTELLECTUAL PROPERTY

3.1 Any item provided by the CUSTOMER is protected by intellectual property rights and remains his sole property. He declares to have all the necessary rights and / or authorizations, and guarantees Sacha Maertens against any possible claim of a third party who claims to have an intellectual property right on any of the elements provided by him including any text, images, logos, graphics, photos, audio or video films, files, software, databases.

3.2 If, during an intangible service, the customer modifies the source code provided by the service provider, in this case the customer is solely responsible for the modifications or improvements and therefore can not in any way engage the responsibility of Sacha Maertens.

3.3 All content on the Sacha Maertens website is the sole property of Sacha Maertens, and is protected by current copyright and intellectual property laws. Without prior consent from Sacha Maertens, it is forbidden to use, even partially, the content of the site.

3.4 Violation of these provisions may result in the cancellation of any order

 

ARTICLE 4 – BENEFITS AND SERVICES PROVIDED

As a web designer / website developer, Sacha Maertens provides the following services:

The creation of a showcase website, the creation of an e-commerce site, the creation of payment platforms, the creation of templates, the services of SEO & SEA, the optimization of websites created, the community management, the management and the setting up of hosting, the purchase of domain names requested at the request of customers.

In addition, Sacha Maertens reserves the right to offer on its website services from third parties, from which it derives no benefits, such as graphics, photos and videos.

The provider grants the right to sell its services in France and abroad.

 

ARTICLE 5 – ORDER PROCESS

No order over 500 € can be taken into account without acceptance of a quote beforehand.

A quotation request can be made explicit by the customer by email (sacha@di-touch.com), by telephone (06 30 08 30 31) or via the form of contact of the site www.di-touch.com/contact-us /.

An estimate will remain valid for 30 days after the date of sending to the customer.

To place an order, the customer must sign the quote and enter: the date of the day, his name and first name and the handwritten mention “Good for agreement”.

The order is taken into account after receipt of the payment of a deposit corresponding to 30% of the total amount of the estimate.

 

ARTICLE 6 – TERMS OF PAYMENT AND IMPAIRED

6.1 Terms of payment

The customer must pay a deposit of 30% of the total amount of the order to validate it.

As soon as the services agreed in the estimate have been completed, or the work period defined in the estimate will be exceeded, the balance invoice will be sent to the customer in electronic format.

Upon receipt, the customer must pay the balance within a maximum of 30 days.

6.2 Means of payment

The provider does not accept payments by check. It only accepts payments by bank transfer, Stripe or PayPal.

6.4 Late payment and recovery of outstanding payment

If the customer does not respect the payment deadlines of 30 days penalties may be applied under the law (Art L 441-6 of the Commercial Code).

The amount of these penalties will then be: [(amount due € x 15%) / 365] x 15.

A fixed compensation of 40 € is due for recovery costs in case of late payment in commercial transactions. This is introduced by application of the law of 22 March 2012 on the simplification of the law (Article L 441-3 of the French Commercial Code).

In addition, all the services sold may be suspended if the client does not show up during reminders made by the service provider. After formal notice by registered mail with acknowledgment of receipt, the sale may be automatically resolved for the benefit of the provider, the resolution taking effect two weeks after the sending of a formal notice remained unsuccessful. In this situation, Sacha Maertens has the right to stop the services sold, to claim the return of the service or its compensation, the down payments received remain acquired.

 

ARTICLE 7 – PROCESSING AND SENDING FILES BY CUSTOMER

The customer has the obligation to send to the provider, all files (texts, fonts and images, even from third parties, free of rights, structure and / or data model) before the start of development at sacha @ di-touch.com or to Sacha Maertens: 80, avenue Jean de Noailles (06400, Cannes).

 

ARTICLE 8 – DELIVERY TIMES

Delivery times are only indicative. Sacha Maertens can not be held responsible for any delay that can not be invoked to refuse the service or demand compensation or discount. Delays in implementation attributable to the client (decision-making on

submitted project, late delivery of documents necessary for the performance of services, etc.) lengthen the estimated delivery date by the same amount.

 

ARTICLE 10 – BREACH OF CONTRACT ATTRIBUTABLE TO THE CLIENT

Sacha Maertens may decide to refuse, interrupt or modify the service, without compensation to the CUSTOMER or reimbursement of the deposit, as soon as:

– the CUSTOMER does not pay the amounts invoiced by Sacha Maertens

– the CUSTOMER by his attitude does not allow the complete realization of the service, either by expressing a systematic opposition to the advice provided by Sacha Maertens, or by not providing the instructions or sources necessary for the realization of the service.

– when Sacha Maertens notices any act of piracy, fraud or non-compliance with the ethical, legal or moral rules of the profession, attributable to the CLIENT.

 

ARTICLE 11 – EXTREM CASES

The parties cannot be considered as responsible or having failed in their contractual obligations, when they were executed with a default of execution, for reasons of origin, force majeure; is suspended until the extinction of the causes that gave rise to force majeure. Force majeure shall take into account facts or circumstances that are irresistible, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonable efforts to prevent them.

In this case, both parties will agree that the conditions in the performance of the contract will be continued.

 

ARTICLE 12 – PROMOTION OF CREATIONS

Unless otherwise stipulated in writing, the service provider may distribute any creations made, either for the client or for a third party for whom the customer is involved, for the purposes of “presentation of creations” on all types of support without limitation of duration.

Sacha Maertens – DI-TOUCH reserves the right to put on the sites that it has created, the mention “Copyright by Di-Touch” pointing to the site di-touch.com. This mention may be modified with the agreement of both parties or deleted for a consideration.

 

ARTICLE 13 – APPLICABLE LAW – JURISDICTION

These General Conditions are subject to French and English laws.

The customer declares to have full legal capacity to engage under these terms and conditions of sale.

In case of dispute, and failing amicable agreement, the only jurisdiction recognized and accepted by the parties is the Commercial Court of Cannes (06400).