TERMS AND CONDITIONS

Preamble and definition of terms used

ZE-Company is a limited liability company with a capital of 1,000 Euros, whose registered office is located at 1, rue Charles Sanglier – 45000 Orléans, registered in the Orleans Trade and Companies Register under number 798 239 026.

In these general conditions of sale, the limited liability company ZE-Company is called “ZE-Company” and the customer or prospect “the CUSTOMER”. These general conditions of sale are hereinafter referred to as “the General Conditions”.

For the interpretation and implementation of these General Conditions, it is agreed that the following terms will be defined as follows:

“Service” hereinafter designates the object of the sale made by ZE-Company. The service may designate a set of services such as advice, the provision of know-how, a license to operate a software package, software or patent, services ancillary to the acquisition of ” a software or a software package and the follow-up of these, an intellectual service, the design of a website or a business application, etc. Likewise, the term service can also designate a sale of movable object such as a device, component or IT support.
“Website or Internet” means the set of pages composed of texts, images and, where appropriate, multimedia elements, accessible by a URL address and hosted on the hard drive of a server allowing multiple and simultaneous access via the Internet.
“Referencing” means the service provided on the website of the “CUSTOMER” to improve the positioning of the latter in the search results of search engines, in particular that of Google.
“Sources” designates the basic content necessary for the creation of an immaterial service: texts, images and sounds for a website, accounting documents for an accounting solution, etc. Unless otherwise stated, supplies from sources are the responsibility of the CUSTOMER.
“Contractual element” means a quote, an order form, a contract, specifications, a commercial proposal as soon as it is signed by ZE-Company and the CLIENT. It can also target an invoice or a deposit receipt issued by ZE-Company.

Field of application

These general conditions of sale and delivery services cover, without limitation or qualification, all products and services proposed by ZE-Company. In the absence of special provisions stipulated in writing, the act of ordering a service to ZE-Company implies full and entire acceptance of our terms and conditions of sale and service. They are available at any time on the site (https://www.ze-company.com) and will prevail, if necessary, on any other version and conditions or other customer requirements.

Customer responsibility

The Customer must ensure to get any permission for copyright or neighboring rights. Once the information is online and published on the website by the customer it will be under its own exclusive responsibility. Customer agrees to give ZE-Company fair quality data and in accordance with the legislation. He also agrees to comply with all legal and current regulations relating to data, files and freedoms.

ZE-Company responsibility

ZE-Company undertakes to take all the care and diligence necessary to provide a quality service in accordance with the customs of the profession and the state of the art. ZE-Company is only liable for an obligation of means which must in no case be assimilated to an obligation of result.

ZE-Company undertakes to:

intervene quickly in the event of a malfunction from a defect in the design or execution of its solutions;
maintain the quality of its tools at an adequate level;
use all means to ensure the optimal functioning of the services acquired by the CUSTOMER;
ensure the follow-up of the material services within the strict limit of the follow-up of the manufacturer’s warranty.

ZE-Company cannot be held responsible in the event of:

Fault, negligence, omission or lack of maintenance by the CUSTOMER, non-compliance with the advice given: In particular, when ZE-Company performs hosting services, it retains control of FTP access. However, as soon as the client has said FTP access, ZE-Company is automatically relieved of all responsibility for the unavailability of the pages, the nature of the content (non-compliance with copyright in particular), the failure to display , partial or total deterioration of the content of the pages. In general, ZE-Company is in no way responsible for any malfunction resulting from improper use of the CUSTOMER or from intervention by the CUSTOMER without authorization on the service provided by ZE-Company.
Interruption of accommodation;
Fault, negligence or omission of a third party over which ZE-Company has no supervisory control power. In particular, when ZE-Company provides links to other sites, by banner or not, or by any other means, it cannot be held responsible for the content, products, services, advertising, cookies or any other elements of these sites as well as for any damage or loss, proven or alleged, consecutive to or in connection with the use of the information, services or data available on these sites;
Disclosure or illicit use of the password given confidentially to the CLIENT;
Malfunction or slowdown in networks or the Internet as a whole;
Hacking of the site by the CUSTOMER or by a third party.

Property

All rights of intellectual or industrial property, including trademark rights, property rights and copyright, including the rights of reproduction, representation and adaptation rights to software or computer files, rights the contents of databases, called “sui generis,” related to the specific developments made for the customer become the property of the client as and when payment of the amounts due for the execution of works is paid.

The client will be able to change or to reproduce all pages of the website, files, programs or parts of the website and refresh it for an indefinite period once all payments made.

Rates

The current rates services are available at ZE-Company, on request. These are expressed net of taxes and are revised at each new date of the current contract. In case of rising prices, the corresponding changes will be notified to the customer at least one month before the date of application. In the absence of objection by the Customer of The new rates in accordance with the time indicated above, they will be considered to have been definitively and irrevocably accepted by the client.

Time

The time and quotes indicated on the website are indicative. The client must send the necessary content in a logic time after sending the signed quotation (30 days). In case the contents are non-existent or insufficient when the time limit expired, an extension of the project will take place. In the absence of information necessary for the online site and after a period of 3 months, ZE-Company will be obliged to terminate the contract. The advance of the beginning of the project paid by the customer upon signature of the quote cannot be returned and no refund can be claimed by the client. The balance of the service provided will remain due and payable after a maximum period of one month “1” for creating or redesigning a website as well as for any work of SEO thereof in the presence of observation of the website being on the first result page of Google or on the terms requested.

Payment

In payment for its services, ZE-Company will receive the money in the amounts and terms of payment are set in the Special Conditions or the terms of payment of the order present in the quote. Prices shown exclude taxes. Duties and taxes will be charged to their lawful at the time invoicing rates. The payment of periodic benefits (housing, management of domain names, email management, referrals, etc …) is made to order and each new date for the next period. In case of non-payment before the new date, the maintenance contract will be automatically terminated and or domain names released into the public domain.

Payment on delivery

The remaining balance is due at the delivery of the website. Means for delivery, the provision of the website on a pre-production environment ready to be online. Delivery is different than the posting which date may occur after, if the customer so requests.

Late payment

In application of current laws, penalties for late payment is due the day following the payment date indicated on the invoice where the amounts due are paid after that date. An additional 10% of the amount outstanding is then applied without any further notice. In case of delay or default in payment, ZE-Company reserves the right to suspend performance of the services or restrict the provision of services. The suspension of benefits shall not relieve the customer from paying the full amount owed and surcharges applied.

Any late payment before the anniversary date for the annual maintenance, will lead to the cancellation or automatically and the domain names associated with the contract will be released in the public domain.

Cancellation

Periodic contracts can be terminated at least one month before their expiration dates. Any request from the CUSTOMER regarding administrator identifiers, ftp for access to source codes and access to the database, will not result in termination of the annual maintenance.

Reference to client

The customer authorizes ZE-Company to mention his name or company name in its website, as references for its own commercial promotion.

The customer therefore agrees to appear on all pages of the website, the words « Website development by ZE-Company », « Google optimized by ZE-Company », « SEO by ZE-Company » or « Google optimized and website development by ZE-Company ». ZE-Company or its business partners are authorized to use the Product for demonstration purposes.

Privacy

Each party to this Agreement undertakes himself or instead of its employees to be treated as confidential during the term of this Agreement and after its expiration, documents, systems, software, know-how from the other of which she could have known at the time of the execution of this contract, and not use them outside of the needs of this Agreement. Are not covered by this obligation of confidentiality information in the public domain or whose disclosure has been authorized in writing by the party concerned. The contract may be terminated automatically without judicial or extrajudicial formality, if either party missing the obligations mentioned or the Special Conditions or the Order, and does not remedy such failure within a month receiving a formal notice by a registered letter with advice of delivery or extrajudicial document, without compensation and without prejudice to the sums due and all damages.

Case of emergency

ZE-Company incurs no liability in the event of non-performance or delay in the performance of one of its obligations if it results from a fact beyond its control and which is beyond its control. Is considered as such, any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code and the jurisprudence of the French courts.

Litigation

In case of difficulty or dispute between the parties in connection with the interpretation, execution or termination of this Agreement, the parties agree to look for an amicable solution in the spirit of this agreement. This contract is under the French law and any dispute or difference which may arise between the parties in connection with the interpretation, execution or termination of this contract under the jurisdiction of the courts of Orleans.