Terms and Conditions

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All my services are subject to the following contractual rules:
This contract is concluded between the service provider company, hereinafter referred to as Sophie Thuilliez, and the end CLIENT, hereinafter referred to as CLIENT.

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Article 1 - Identification of the company

Company: Ecom34
Siret No.: 0785760137
Website: www.ecom34.fr

Address: 1 route de St Caprais 31790 ST Jory

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Article 2 - Purpose

2.1 - Sophie Thuilliez mainly provides content creation, e-marketing and website creation services, including:

Creation and updating of showcase websites via the Ionos or Wix platforms

Logo creation

Domain name purchase

Training in the use of Internet services (social networks and site) set up for the CLIENT

Photo & video services in Toulouse and its region

Photo studio in St Jory

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Article 3 - Conditions of sale

3.1 - Any purchase of services marketed by Sophie Thuilliez entails full and unreserved acceptance of these general conditions of sale.
3.2 - No special condition may, unless formally accepted in writing by us, prevail over our general terms and conditions of sale. Any contrary condition set by the CUSTOMER will therefore be unenforceable in the absence of express written acceptance by us.
3.3 - The fact that we do not assert, at any time whatsoever, any of these general conditions of sale cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date.

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Article 4 - Creation of websites

4.1 - Security
4.1.1 - Sophie Thuilliez undertakes, as part of a general obligation of means, to do everything possible to ensure the best quality and regularity of the services it provides.
4.1.2 - Sophie Thuilliez cannot be held responsible for any damage suffered by the CLIENT, including loss or alteration of data.
4.1.3 - As part of the creation of websites managed by the CLIENT, Sophie Thuilliez will take particular care to protect CLIENT access within the limits of its access, the IONS and Wix platforms being responsible for hosting

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Article 5 - Liability related to the service

5.1 - Sophie Thuilliez's liability is limited to the website and its initial content over which she has direct control.
5.2 - Sophie Thuilliez cannot be held responsible for connections of any type provided by other service providers.
5.3 - Sophie Thuilliez cannot be held responsible for accidental or intentional damage caused by third parties to the CLIENT due to their connection to the Internet.
5.4 - Sophie Thuilliez may not be held responsible, within the framework of a site managed by the CLIENT or Sophie Thuilliez, for the loss, theft or distribution of CLIENT access codes.
5.5 - For any creation and hosting order, Sophie Thuilliez reserves the right to refuse any text, illustration and in general any content which is contrary to good morals, or in violation of current legislation.
5.6 - Sophie Thuilliez reserves the right to insert at the bottom of the CLIENT's home page and in a discreet manner a mention of the type: "by CVW" with a link to one of her company's sites.

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Article 6 - Obligations of the CLIENT

6.1 - In the event that the CUSTOMER provides Sophie Thuilliez with the information necessary for the execution of the order, this information must be transmitted according to the specifications defined by Sophie Thuilliez. The creation of the website and/or associated services ordered will take place within a period set in the order and, in all cases, from the moment of receipt of all the information necessary for this creation.
6.2 - In the event that Sophie Thuilliez provides editorial content such as texts, photos and videos in addition or not to the information provided by the CLIENT, article 6.3 also applies.
6.3 - All information having been selected by the CLIENT prior to its dissemination, Sophie Thuilliez cannot be held responsible for its content in any way. When accepting the order, we assume that the CLIENT is in possession of the copyright, distribution or reproduction rights, and assumes all liability for damages resulting from a violation of copyright, distribution or reproduction rights belonging to a third party. The additional images selected by Sophie Thuilliez will be on sites such as Wix.com, Unsplash, Pixabay and Pexels in order to have royalty-free images.
6.4 - Sophie Thuilliez cannot be held responsible for the non-functioning of all or part of the website in the event of hosting not provided by her.

Article 7 - Price of services, modifications, invoicing, payment

7.1 - The prices of the services (creation of website, logo, updating, etc.) offered are those mentioned in the quote. They are inclusive of all taxes (VAT not applicable) and are payable in euros according to the following terms: 50% upon order and 50% upon delivery, unless otherwise agreed upon in the quote. The prices are guaranteed without variation upon signing the order, unless article 18 applies.
7.2 - The signature of the quote by the CLIENT constitutes recognition of the payment of the deposit within 7 days.

7.3 - Sophie Thuilliez undertakes to carry out the modifications requested by her client as soon as possible throughout the life of the website. Thus, this period may not exceed 10 days outside of exceptional closure periods indicated by an automatic email or a mention on Ms. Thuilliez's website. The modifications will be subject to specific invoicing at the hourly rate of €79 including tax issued with regard to the number of minutes spent carrying out the requested tasks, unless there is a €250/month subscription for 4 updates, a 6-month commitment

Article 8 - Property

8.1 - In accordance with the law of January 25, 1985, the transfer of ownership of the services covered by the invoice will only be effective upon full payment of the price mentioned.

Article 9 - Hosting and management of the site

9.1 - Services
The CLIENT hosting services offered are provided by a third-party partner provider (Wix Inc.)
In all cases, the CLIENT will be able to take note of the administrative and technical information necessary for access to his/her accommodation(s).

9.2 - Liability
9.2.1 - In the event of failure of this partner, our company undertakes to find and offer you all possible solutions to remedy this, but Sophie Thuilliez disclaims all liability for the consequences of this failure, the causes of which cannot be directly attributable to our company.
9.2.2 - Under no circumstances may Sophie Thuilliez be held liable as a result of any action or recourse by third parties, in particular due to: information, images, sounds, texts, videos or any content distributed on the CLIENT's site(s) and contrary to the laws and regulations in force; defective products sold by the CLIENT through its site(s); violation of intellectual property rights relating to content distributed, in whole or in part, on the CLIENT's site(s); suspension and/or termination of accounts, in particular following non-payment of the sums due for the retention of the domain name(s).
9.2.3 - Sophie Thuilliez cannot be liable for any taxes or other fees in connection with purchases made from the CUSTOMER's website. The CUSTOMER agrees to take full responsibility for taxes and fees of all kinds associated with the products sold.
9.2.4 - Due to the characteristics and limitations of the Internet, Sophie Thuilliez cannot be held liable for, in particular, difficulties in accessing the hosted site due to network saturation at certain times; contamination by viruses of the CLIENT's data and/or software; malicious intrusions by third parties on the CLIENT's site; malfunctioning equipment or the CLIENT's lack of know-how, problems related to the telephone network or the Internet and/or in the event of force majeure; possible misappropriation of passwords, confidential codes, and more generally any information of a sensitive nature for the CLIENT.
9.2.5 - Use of the account
The CUSTOMER account is strictly personal, it is accessible by a username and a confidential password. The CUSTOMER is responsible for the use of his username and password, and any connection made using these usernames and passwords will be deemed to have been made by the CUSTOMER. Sophie Thuilliez will not be responsible in any way for the loss, theft or dissemination of the username and password.
9.2.6 - Price of services, invoicing, payment
The prices of the associated services are those mentioned in the quote; they are inclusive of tax, payable in euros, in advance and upon receipt of the invoice. The prices of the annual hosting rentals requested by Wix vary according to the decisions of this company. A price is given in the quotes for information purposes only. The Wix premium package is paid for the first year by Ms. Thuilliez who will transfer the site to her client at the end of the same year. The latter will then pay the cost of the following years one at a time and on the anniversary date. In the event of refusal to renew the package with Wix, the CLIENT must request termination from Sophie Thuilliez if still in the first year (from Wix directly beyond and if the site has been transferred) of this contract before the end of the one (1) month period referred to in Article 9.3. Failing this, the new rates will be deemed to have been irrevocably accepted and will be applied to the invoicing following the expiry of the aforementioned period.

9.3 - Duration, renewal, termination and suspension of the contract
9.3.1 - A monthly contract for site management and/or social media consulting may be subscribed to by the client under specific conditions detailed in an initial quote. This contract may be terminated at any time by the client (6 to 12 months of commitment) with each month started being due. The client may not evade its payment obligation for the current month or past months if the desire to terminate has not been expressed firmly and definitively by email or letter.
9.3.2 - Concerning the annual subscription: this is included in Ms. Thuilliez's service for the first year of the site's existence. The anniversary date of the site is the date of the first presentation of the site by Sophie Thuilliez

9.3.3: Concerning the renewal of the annual package: Either the site is transferred to the client and it is the latter who therefore manages this renewal, assisted by Ms. Thuilliez, the renewal of the package. If the client wishes Sophie Thuilliez to keep this management, the latter sends an email to his client to inform him of the upcoming renewal and to send him the amount to be paid. If the client has not paid the sum before the date stated by Wix for the renewal of the package, date stated to the client, Sophie Thuilliez can terminate the Wix subscription at any time by this contract without penalty. Accounts whose invoices are unpaid beyond 7 days may have their service interrupted, and all files and emails in the account may be rendered unusable. The site created will not be saved once the Ionos platform has been informed of the termination but will not, but on Wix the site will be saved but will no longer be linked to the defined domain name and will be visible with a Wix advertising banner. This interruption of service does not relieve the CUSTOMER of the obligation to pay current invoices; only a written request to terminate the account will be taken into account.

Reminder: The technical hosting and security costs are included in the Wix / IonosPremium Annual Package. The subscription date corresponds to the date of the first presentation of the site by Sophie Thuilliez to the client or 48 hours before. This will establish the anniversary date of renewal of the package. The subscription date of this product is therefore this first demonstration to the client and not the indexing in Google, the final sign of the realization of the project.

Article 10 - Domain name

10.1 - Services
Sophie Thuilliez offers to register domain names with the extensions .com, .net, .org or .fr and other extensions available in France when the contract is concluded, in order to allow all individuals or legal entities to ensure ownership of the domain name(s) of their choice.
Sophie Thuilliez undertakes to do everything possible with the competent bodies to proceed with the registration of the chosen domain name but does not subscribe to any obligation of result in this respect.
10.2 - Availability and registration of a domain name
Due to the delays that may occur between the search for availability of the domain name and its actual registration, the indication of the availability of this name does not constitute a guarantee of being able to actually proceed with its registration. The availability of a domain name and its registration cannot constitute a guarantee against any claim by third parties on all or part of this name.
10.3 - Prior acceptance by the CLIENT of the administrative and technical naming rules, as well as the conflict resolution rules
0785760137 - Each registration request implies prior and unreserved acceptance of the administrative and technical naming rules as well as the rules for resolving conflicts that may arise between the owner of the domain name and any third party claiming rights to all or part of this name.
0785760137 - It is the CLIENT's legal responsibility to ask Sophie Thuilliez for the registration in question, the client must be able to provide proof of a Kbis or the identifier in the INSEE directory for a name at the .fr level or the registration certificate at the INPI for a name at the .tm.fr level.
10.4 - Price of the service, payment
The prices in effect are those practiced by Wix.com & Ionos
10.5 - Recording of the order
The registration of the CLIENT's domain name will only be taken into consideration upon receipt by Sophie Thuilliez of the order form duly completed and signed by the CLIENT accompanied by payment and the necessary supporting documents.
10.6 - Effective date of registration
The registration of the domain name is only effective once the databases of the organizations concerned have been updated and the DNS propagation time has elapsed.
10.7 - Liability for the registration of a domain name
0785760137 - The CLIENT is solely responsible for the choice of the domain name for which it has requested and obtained registration.
0785760137 - Under no circumstances may Sophie Thuilliez be held liable in any capacity whatsoever for any recourse, whether amicable or contentious, to which the CLIENT may be subject following the registration of one or more domain names.
0785760137 - The CLIENT undertakes to guarantee Sophie Thuilliez against any convictions which could be pronounced against it due to the registration of one or more domain names.

Article 11 - Order

11.1 - Our general conditions of sale apply to all our sales and/or services.
11.2 - By accepting a quote via email, the CUSTOMER accepts without reservation our conditions of sale and waives any application of its possible general conditions of purchase.
11.3 - Our CUSTOMERS' orders are firm after the legal withdrawal period or unless we notify you otherwise within eight days of receipt of the order form.

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Article 12 - Deadlines

12.1 - The delivery times indicated are only valid within the limits of Sophie Thuilliez's technical and human capacities to respond to orders.
12.2 - The CUSTOMER may not demand from Sophie Thuilliez either the delivery of the order on the scheduled date, or compensation of any kind whatsoever. The CUSTOMER remains liable for the amount provided. However, Sophie Thuilliez undertakes to present a completed version of her work with regard to the elements provided by the customer and in her possession on the date mentioned on the estimate, where applicable.

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Article 13 - Late payment

13.1 - Any incident and/or delay in payment on the due date will result in the application of a late payment penalty, provided for by law 0785760137 of December 31, 1992, art.3-1 al.3. The amount of the penalties results from the application to the amounts due of interest at a rate equal to 12% without this being able to be less than one and a half times the legal interest rate in force in France. The invoicing of all corresponding financial, administrative, formal notice and recovery costs will be added to the amounts due and the late payment penalties, without prejudice to the suspension and/or termination of this contract.
13.2 - In the event of a breach by one of the parties of the obligations of these clauses, not remedied within fifteen days from receipt of the registered letter with acknowledgment of receipt, notifying the breaches, sent by the other party, the latter may assert the termination of the contract subject to all damages to which it may be entitled.
13.3 - In the event of an amicable settlement, receivership or liquidation proceedings, provisional suspension of proceedings, bankruptcy or similar proceedings, this contract will be terminated automatically, without notification, upon the decision of the competent Court.

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Article 14 - Taxes

14.1 - Sophie Thuilliez reserves the right to pass on to its prices, without delay, any new tax or any increase in the rate of taxes in force.

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Article 15 - Information obligation

15.1 - The CLIENT undertakes to inform Sophie Thuilliez in writing of any change concerning his/her situation (in particular change of address, change of bank details, etc.)

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Article 16 - Confidentiality

16.1 - Sophie Thuilliez is required to respect confidentiality in all operations carried out on behalf of the CLIENT.
16.2 - Sophie Thuilliez prohibits any personal use of the basic data, files and processing results without the express authorization of the CLIENT.
16.3 - Generally speaking, the documents or information entrusted by the CLIENT as well as the statements and documents resulting from their processing by Sophie Thuilliez are treated with the strictest confidentiality.

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Article 17 - Information Technology and Freedom

17.1 - The CLIENT may exercise his individual right of access and rectification with Sophie Thuilliez in accordance with the provisions of law n° 78-17 of January 6, 1978, for all information communicated within the framework of the purchase order or the agreement for the training.
17.2 - The CLIENT is responsible for any declaration to the National Commission for Information Technology and Civil Liberties (CNIL) relating to the use of its website, except for offers of services falling within this framework.

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Article 18 - Force Majeure

18.1 - The effect of suspending our contractual obligations is unforeseeable circumstances or force majeure such as: theft or destruction of production tools, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as the interruption of transport, the supply of energy, raw materials or spare parts.

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Article 19 - Applicable law and attribution of jurisdiction

19.1 - By express agreement, orders for services are governed by French law.
19.2 - In the event of a dispute, both with our suppliers and with our CUSTOMERS, exclusive jurisdiction is granted to the Commercial Court.

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Article 20 - Miscellaneous provisions

20.1 - If any of the clauses of these general conditions proves to be invalid or unenforceable under a law or regulation or following an enforceable decision of a court or competent administrative authority, this clause will be deemed unwritten and the remainder of the contract will retain its full effect.