Terms and conditions of sale

Wordpress Maintenance" Terms and Conditions of Sale
WordPress Maintenance is a trademark of Hotel Web Design SAS

1. DEFINITIONS

Terms & Conditions Refers to these general terms and conditions
Contract Refers to the legal agreement resulting from the signed Order Confirmation or offer, the General Terms and Conditions and, where applicable, the Special Terms and Conditions.
Duration Refers to the period of validity of the services, as defined in the offer or order confirmation.
Services Services: Refers to the services ordered by the Customer in the signed offer or Order Confirmation.
Customer Refers to the customer named in the signed offer or order confirmation.
WordPress maintenanceor  the service provider . Company trademark siret 913326187: Hotel Web Design SAS
Parts Refers to both "Maintenance WordPress" and the Customer.

1. PURPOSE AND SCOPE OF APPLICATION

The general terms and conditions of sale set out below detail the obligations and rights of Maintenance WordPress and its customers in connection with the provision of the following services:

• creation of a website
• website hosting management
• the provision of a support service
• website referencing
• photographic creation

The present General Terms and Conditions of Sale are applicable between "Maintenance WordPress" and the Customer. Full and complete acceptance, without reservation, of the General Terms and Conditions, and where applicable of the applicable Special Terms and Conditions, is deemed to have been given by the Customer once the latter has handed over in person or by email to " Maintenance WordPress " the order confirmation or offer signed by him/her. "Maintenance WordPress" reserves the right to modify all or part of the General or Special Conditions at any time, and may notify the customer of any such changes. The contractual documents are, in order of precedence: the Offer, the Special Conditions, and these General Terms and Conditions. In the event of contradiction between them, the contractual documents take precedence over each other in the order indicated above.

1. ORDERING & SERVICES

The services offered by "Maintenance WordPress" are grouped under different offers, tailored to the customer's needs. The parties agree on the terms and conditions best suited to the customer's needs, and the duration of the contract is specified on the order form. The information provided by the customer to complete the offer or order confirmation must be accurate, up-to-date and complete. The order form must be signed by the customer and sent by email or post to "Maintenance WordPress", accompanied, if necessary, by the deposit paid by bank transfer or by credit card on the "Maintenance WordPress" site. "Maintenance WordPress" reserves the right to refuse the customer's subscription to the Services, if it considers that the customer's activity - commercial or otherwise - is contrary to the norms and regulations in force, or to good morals, or for any other legitimate reason.

3.1 TRANSLATIONS

Unless otherwise specified in the offer or order confirmation, translations into foreign languages included in the "Maintenance WordPress" offer are limited to a maximum of 2000 words per language (texts supplied in French by the customer or produced by "Maintenance WordPress"). For any translation service exceeding 2000 words, the surplus to be translated will only be possible within the framework of an additional order. Each translation corresponds to the number of pages included in the pack. Additional pages may incur additional translation costs. All translations are considered to be interpretations, the meaning of which may vary according to individual interpretation. The service provider cannot be held liable in the event of a dispute arising from a translation, as the customer acknowledges having validated the entire website before going online.

3.2 CREATION PROCEDURE

Once the offer has been accepted, "Maintenance WordPress" builds the graphic base of the website, which the customer can consult via a private link. If the customer is not satisfied with the proposed graphic design, he/she will have 7 days from the date of effective receipt of the private link to express his/her reasoned refusal, failing which the graphic design proposal will be considered accepted. Any refusal or request for modification of the graphic base on the part of the customer may only be based on reasonable grounds. The customer accepts that if the basis of the site - or of any other graphic creation of the order (logo, business cards...) - in spite of its conformity to the imperatives of integration to the site mentioned in the offer or confirmation of order, is not the subject of an approval on his part at the end of the 3rd graphic proposal which is made to him " Maintenance WordPress " will be able to cancel the order of the Services. In such an event, the Customer will not be entitled to a refund of any sums paid, or to the payment of any indemnity whatsoever.

When creating a website, the content of each page can be up to 10 modules per page. (A module = a block of text, a photo, a video, a photo gallery, an interactive map, a form, etc.).
In the case of the creation of a boutique, the first 20 products will be integrated, with the customer creating additional products via the site interface to which he will have access and training. If not specified, the maximum number of pages delivered with a site is 15.
Beyond that, an additional hourly charge may apply.

1. SERVICE MAINTENANCE (if hosting option subscribed)

Although this is a rare occurrence, "Maintenance WordPress" reserves the right to interrupt the service temporarily for maintenance, improvement or updating purposes, without being obliged to provide any guarantee, indemnity and/or damages of any kind to the customer. In such a case, the service provider undertakes to restore services as quickly as possible.

Service maintenance involves risks concerning the preservation of website data, in particular the database, all documents and customer files. Although WordPress Maintenance makes every effort to ensure that the maintenance of a website runs smoothly, the customer acknowledges that he/she is not immune to an error resulting in the total or partial loss of data stored on his/her website. The customer confirms that he keeps backups of all content, databases and files on his website, either through his web host or himself, in order to be able to restore the data should such an event occur. 

1. COMMITMENT OF THE PARTIES

The customer undertakes to:

• Respect the web hosting provider's charter.
• Publish on its website the information required by article 43-8 of the law of August 1, 2000.
• Not to copy, reproduce, imitate, assign or transfer the rights to any software made available to him.
• Be exclusively responsible for the information published on its website, its content, its use and its legal compliance.
• Pay the price agreed in the contract on signing the purchase order, then annually or monthly in arrears if subscription or continuity of hosting, domain name or maintenance services.

"WordPress Maintenance" undertakes to:

• Maintain administrator access to the website for the duration of the contract
• To inform the customer of any difficulties, if any, of which the customer is aware, and to take all necessary steps to restore access to the site as soon as possible.
• To provide responsive technical and editorial support by email or telephone for the duration of the support contract - if provided for in the contract - by default (if not specified in the order) up to the number of hours corresponding to the monthly support rate multiplied by 12, then divided by 65 (hourly support rate for monthly contracts).

1. ORDER MODIFICATION & AUTOMATIC RENEWAL

At the end of their initial term, all monthly contracts are tacitly renewed for a term equal to the initial term (unless otherwise specified in the offer), under the pricing conditions expressed in the offer or order confirmation (unless otherwise specified in the offer). For any request to modify or terminate the contract, the client must first inform "Maintenance WordPress" by email, then by registered mail no later than 60 days before the contract expires for a contract with an initial duration of 12 months, and 90 days before the contract expires for a contract with an initial duration of 24 months or more. If no duration is mentioned in the offer or order confirmation, the initial duration is 36 months for all monthly contracts.

1. DEADLINE The website delivery time indicated in the offer is given as an indication. This timeframe is based on the customer validating the various design stages submitted by the service provider within 3 working days, and validating the first proposed mock-up. In the event of rejection of the mock-up, each new mock-up proposed to the customer extends this estimated lead time by 14 working days.
   

Any "reasonable" delay (less than 30 days) as well as any delay in delivery resulting from the customer's manifest lack of response or validation will not give rise to the customer's right to claim damages or to cancel the order.

The website creation process (from order to online publication) may not exceed 100 working days (unless otherwise specified). Once the 100-day time limit has been reached, and despite the website being up to date with the requested modifications, or in the complete absence of any response from the customer within 20 working days to a request from the service provider, the service provider may demand and debit all amounts due at the time the website goes online, using the means of payment authorized or used by the customer for other payments. This includes all options and monthly packages subscribed to.

In the event of a defect in the provision of services, the customer must express any necessary reservations by letter. Complaints concerning apparent defects or non-conformity of a service provided must be made in writing within seven days of the services being made available.

7.1 WITHDRAWAL PERIOD

The client undertakes to inform "Maintenance WordPress" of any change of contact details.
According to article L. 221-28 of the French Consumer Code, as the creation of a website by "Maintenance WordPress" is "a good or service made to the consumer's specifications or clearly personalized", the customer cannot benefit from the legal 14-day withdrawal period. The customer therefore expressly waives this right of withdrawal.

1. RATES

WordPress Maintenance" reserves the right to modify its prices at any time. Unless otherwise specified in the offer, the rate for adding a page beyond the number of pages included in the package (before delivery) is €90.00 ex VAT. The basic hourly rate is €80.00 excluding VAT. The rate for ordering an additional domain name is €2.00 excl. tax/month, with a 12-month commitment.
Training on the user interface, provided on delivery of the website (if provided for in the order), is limited to sixty minutes, in a single session. Any additional training or training time in excess of sixty minutes may give rise to additional invoicing based on the hourly rate. If not mentioned, the rate for Ads campaign management (Google Ads, FB Ads, Instagram) is 20% of the budget amount, with a minimum of €30/month.

1. PAYMENT TERMS

Invoices are to be paid on the due date indicated on the invoice (30 days maximum if no mention is made). In the case of an order for a portfolio of photos, payment must be made before the day of shooting.
For payment of monthly packages, payment is made monthly at the beginning of each month. Monthly contracts commit the customer for the duration indicated, and then for the same duration after each renewal.

Payments are made :

• By automatic monthly payment via bank transfer or direct debit
• By bank transfer (by default on the 2nd of each month)
• By credit card on the "Maintenance WordPress" website
• For anti-fraud and logistical reasons, cheques are only accepted if payment by other means is not possible. Payment by check will incur a €10 processing fee.

9.1 PAYMENT DEFAULTS

In the event of total or partial non-payment of services invoiced by "Maintenance WordPress", a formal notice to pay will be sent. Each reminder sent by registered mail is invoiced at €20.00. Failure to pay one monthly instalment may trigger the payment of all remaining contractual instalments. Unpaid invoices may be debited from the customer's account without notice. Any invoice remaining unpaid thirty days after the due date will result in the suspension or cancellation of all services related to the order. The customer will then have to pay "Maintenance WordPress" the amounts due as well as a late payment penalty equal to 3 times the legal interest rate in force before republication of the site or before re-establishment of services, if these have been suspended in application of article L. 441-16 of the French Commercial Code.

This penalty is calculated on the outstanding amount and runs from the invoice due date.

Special conditions for services provided directly at the customer's premises (e.g. photo or video pack): except in cases of force majeure (natural disasters or major damage to the premises), any cancellation by the customer less than 48 hours before the date of the service will incur cancellation charges equivalent to 50% of the total price of the services that would have been provided at the customer's premises, including travel expenses.

1. PRIVACY

The customer is fully and exclusively responsible for the passwords required to use the services.

The transmission of login details and passwords is considered confidential. Any suspected disclosure, whether intentional or not, of the passwords supplied is the sole responsibility of the customer, to the exclusion of "Maintenance WordPress".

Email packages included with WordPress Maintenance services imply that the service provider has knowledge of the customer's email login and password. Customer email accounts may be consulted by the service provider for maintenance and bug-fixing purposes only. In order to ensure total confidentiality of the customer's emails with regard to the service provider, the customer will have the option of subscribing to a pro email package with ''Maintenance WordPress'' and changing his password from the management interface.

1. RESPONSIBILITY

Although "Maintenance WordPress" undertakes to do its utmost to ensure the computer security of its customer's website, the entity accepts no responsibility for any illicit or fraudulent use of the passwords made available to the customer.

The client assumes full responsibility, at all times, for all elements placed online on his website, including text, photos, any document, artwork, graphics, logos that may be subject to copyright. "Maintenance WordPress " can in no way be held responsible for unauthorized content, even when the element in question has been put online by " Maintenance WordPress ". The client declares that he has reread, verified and accepted the content before putting it online, and that he regularly consults his website to verify the conformity and relevance of the content, as well as to inform himself of the full legality of the content distributed or sold, in all countries where the site can be consulted.

The "WordPress Maintenance" website creation offer enables the customer to benefit from a website, as part of a purely technical service, with no obligation to achieve results.
As such, " Maintenance WordPress " cannot be held responsible for the effectiveness, from a commercial point of view, of the Web Site. Thus, " Maintenance WordPress " cannot be held responsible for the number of visits to the Web Site, its commercial profitability, or its positioning on search engines.

"Maintenance WordPress " will in no way be held responsible for any delay due to causes beyond its control, such as: lack of cooperation on the part of the client, late, incomplete or non-conforming information or documents to be supplied by the client, possible malfunctions on the part of the web hosting provider, or weather conditions for photographs or videos produced by " Maintenance WordPress " for the needs of the site. The client acknowledges having consulted, prior to any order, the portfolio of creations of " Maintenance WordPress ", in order to have an overview of the artistic style of the service provider. The artistic rendering of any service will not be accepted as a valid object of contestation.

WordPress Maintenance" cannot be held responsible if the non-performance or delay in the performance of any of its obligations described in the present terms and conditions of sale is due to a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

It is the customer's responsibility to terminate his contract with his former or current service provider in good time for the recovery of his domain name, web hosting and/or emails.

In case of refusal to transfer the domain name or any other complication of the transfer on the part of the former provider, ''Maintenance WordPress'' cannot be held responsible for the unsuccessful operation. All amounts indicated in the contract for which the customer has signed up will remain due. However, in such a case, a new domain name may be ordered by Maintenance WordPress - at no extra cost - to put the site online.

In the case of a service for a customer wishing to use a hosting service other than that of "Maintenance WordPress", the service provider cannot be held responsible for the failure of a website migration to the HTTPS protocol resulting from the incompatibility of the customer's host or from a conflict between the customer and any entity blocking the successful completion of such an operation. Any request made to an external service provider on behalf of the customer (e.g. request for referencing, for adding or removing a link to the site) does not imply the responsibility of Maintenance WordPress in the event of failure or refusal on the part of this service provider.

When transferring a domain name, the mailboxes linked to the domain (@lenomdedomaine.extension) are copied, deleted, recreated and the contents reinserted. This procedure is not without risks. Although ''Maintenance WordPress'' takes all necessary measures to ensure that the operation runs smoothly, it is the customer's responsibility to also back up their emails before transfer. ''Maintenance WordPress'' cannot be held responsible for the loss of emails or the loss of email service emanating from a transfer or the updating of an email solution.
In the case of the delivery of a photographic or videographic service, all persons appearing in the videos and/or photos have been recruited by the customer, who assumes full responsibility for distribution, including any rights arising from the use of their image.

The provision of free Google Hotel Booking Links (where applicable) implies an obligation of means and not of results on the part of the agency. Submission of the customer's accommodations to Google does not guarantee that the customer's accommodations will ultimately appear on the search engine, as this final decision remains the responsibility of the search engine. These links can only be set up using the engine offered by Maintenance WordPress.

Certain ancillary services that may be sold with the website - such as hosting synchronization - are developed and offered by the agency's subcontractors. Although the agency undertakes to do its utmost to guarantee the proper functioning of these modules, Maintenance WordPress cannot be held responsible for the malfunctioning of any of these elements, should this malfunctioning be due to a problem at the subcontractor's that is beyond the agency's control. This includes no responsibility for the total or partial loss of data as a result of such a malfunction.

1. ACCOMMODATION

Hosting refers to the technical resources and means made available to the customer, enabling him to publish and operate one or more websites. It is the annual rental of disk space on the host's server. "Maintenance WordPress" cannot be sued for defects related to the server on which the customer's site is hosted.

''Maintenance WordPress'' subcontracts hosting services to OVH, SAS with capital of €10,059,500 RCS Lille Métropole 424 761 419 00045, Head Office: 2 rue Kellermann - 59100 Roubaix - France and to Infomaniak Network SA, Rue Eugène-Marziano 25, 1227 Geneva - Switzerland IDE & VAT N°: CHE-103.167.648. Other hosts may be used if the order and conditions so require.

The Parties agree that since networks may have unequal transmission capacities and specific usage policies, no one can guarantee the proper operation of the Internet network as a whole.

1. REFERENCING, ADVERTISING

Search engines enable Internet users to find the address of a site that interests them. The webmaster's task is to register manually with the main search engines (Google, Yahoo, AltaVista...) and possibly with a certain number of directories, and to include a certain number of keywords in the page source code to enable the search engines to index the site. He cannot be held responsible for the reactions of these companies. For "Maintenance WordPress", this is an obligation of means and not of results. "Maintenance WordPress" cannot guarantee the effective presence of the customer's site in search engines and directories."
Maintenance WordPress" can use sponsored links to optimize SEO for its customer.

1. COMMERCIAL REFERENCES

The Customer authorizes "Maintenance WordPress" to mention the Customer by name among its commercial references, notably on its site, as well as to reproduce and distribute distinctive signs or the site on any medium of its choice for self-promotional purposes.

1. RETENTION OF TITLE CLAUSE

"Maintenance WordPress" reserves ownership of the websites created and domain names created or managed, until full payment of their price as well as the price of any other option(s) associated with the order, in principal and interest. In the event of non-payment of the price by the agreed due date, "Maintenance WordPress" will be entitled to repossess these, and the sale will be cancelled by operation of law if "Maintenance WordPress" sees fit, and any deposits already paid will be retained in consideration of the buyer's enjoyment of the website.

16. COMPETENT COURT

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. Failing amicable resolution, the dispute will be referred to the Paris Commercial Court.