Preamble
The signing of a quote (transmitted by email, fax, mail, or in person) constitutes unconditional acceptance of these general terms and conditions of sale, which govern contracts concluded between The Digitizers and its Clients.
Article 1: Definitions
“The Digitizers” refers to the company The Digitizers, an EURL (Single-Person Limited Liability Company) with a capital of 0 euro, headquartered at 16 rue cuvier 69006 Lyon – France, RCS Lyon 910689975. “Client” refers to any legal or natural person signing a quote issued by The Digitizers.
Article 2: Object
This document aims to define the terms and conditions of sale, as well as the modalities under which The Digitizers provides services to its Clients. These general terms and conditions of sale consist of 15 articles. The main features of the services offered by The Digitizers are detailed on the website accessible at www.the-digitizers.com, which the Client acknowledges having reviewed. Quotes serve as purchase orders, in paper or electronic format, and together with this document constitute the contracts between The Digitizers and its clients.
Article 3: Duration of The Digitizers’ Offers
The contract is entered into for a period of one year from its effective date, as defined in Article 9 below. In the case of recurring services (management of digital marketing actions, website maintenance, etc.), the contract will be renewed by tacit renewal and on the same terms. The contract may be terminated by either party in accordance with the provisions of Article 11 below.
Article 4: Conditions of Use of The Digitizers’ Services
Regarding all work Property transfer The Digitizers undertakes to transfer to the Client, once the entire service has been paid for by the Client, all its intellectual property rights to the work carried out on behalf of the Client (graphic design, source code, and databases). References The Client authorizes The Digitizers to mention on its own communication materials (website, brochures, etc.) elements (name, logo, etc.) that identify the Client, for reference purposes. Projected Schedule In cases where The Digitizers provides the Client with a work schedule, it is provisional and takes into account:
- a response time from the Client of less than 2 working days to all agency emails;
- a maximum of 3 rounds of feedback on functional and graphic mock-ups. Furthermore, any delay in delivering content compared to the initially set schedule, whether orally or in writing, will impact the overall project duration. The Client cannot denounce a delivery delay if the contents have not been delivered in full within the initially planned deadlines.
Regarding the creation of websites :
Domain Names
The Digitizers does not conduct any verification on the legality of the domain names entrusted to it, and the Client certifies ownership of the necessary rights (trademark, etc.) for the purchase and management of the domain name(s). The Client owns the domain name reserved for them, and The Digitizers acts only as a technical intermediary with domain name organizations. The Client acknowledges registering and using the domain name in compliance with current legislation and the legal rights of third parties. The Digitizers cannot be held responsible for the unavailability of a ordered domain name.
Specifications
To successfully complete projects, the Client must provide a precise and comprehensive technical specifications document to The Digitizers. Based on this, The Digitizers will provide a quote, which will become the reference document for project management. Elements discussed in the needs expression, specifications, or orally, not explicitly mentioned in the quote, are not included in the project scope. In the absence of specifics in the quote, The Digitizers will make technical and functional choices based on its experience, and these cannot be contested by the Client.
Graphic Mock-ups
Whenever necessary, The Digitizers will submit “mock-ups” of the deliverables, showing their visual appearance, to the Client. The mock-ups will be made using the time specified in the quote, with a maximum of 3 iterations per mock-up, unless otherwise stated in the quote. In the case of additional iterations, an additional quote will be issued by The Digitizers, subject to the Client’s acceptance. In case of refusal of the additional quote, work will continue based on the Client’s approval of one of the already completed mock-up versions. After the Client’s acceptance of the mock-ups (by email, fax, or mail), any request to modify the visual appearance of the relevant deliverables will be the subject of an additional quote, subject to the Client’s acceptance. In case of refusal of the additional quote, work will continue based on the Client’s initial approval.
Browser and Mobile Device Compatibility
Websites developed by The Digitizers function correctly on the latest versions of Edge, Firefox, Chrome, and Safari browsers (versions current at the contract signing date), with rendering differences necessarily existing. The Digitizers cannot guarantee the compatibility of the website developed on all browsers and all mobile devices. In particular, The Digitizers does not guarantee the compatibility of the website developed on Internet Explorer (a browser discouraged by its publisher Microsoft as it does not support new web standards).
Email Campaigns Email campaigns created by The Digitizers function correctly on desktops on the latest versions of Outlook and Gmail under Chrome (version current at the contract signing date), with rendering differences necessarily existing, and on mobiles on the latest versions of Apple Mail iOS (default application on iOS), Android Mail (default application on Android), and Gmail Android (version current at the contract signing date), with rendering differences necessarily existing.
Search Engine Visibility (Google, etc.)
Several weeks are necessary between the launch of a website and its appearance in search engine results. The Digitizers cannot guarantee any timeframe or ranking in search engine rankings.
Dysfunctions Warranty
The Digitizers will correct bugs and dysfunctions in websites identified and reported by the Client within the month following the website’s launch. Modifications reported after this deadline will be subject to an additional quote, subject to the Client’s acceptance.
Website Updates
After the website’s delivery, The Digitizers may intervene through a maintenance contract or time-based billing. Any intervention on the website other than repairing dysfunctions under the previously described warranty will be subject to specific invoicing.
Hosting, Email Boxes, etc.
The Digitizers does not offer hosting and related services (email boxes, domain names, etc.) on its own. The Digitizers connects its Client with a hosting provider and cannot be held responsible for any problems related to the domain name, hosting, email boxes, etc.
Backup
The Digitizers does not keep backups of websites and other work done for its Clients. In case of data loss, The Digitizers is not obliged to restore lost data.
Article 5: Financial Conditions
Prices
The prices mentioned in the quote are firm and non-revisable for the duration of the contract. Any change in the project scope or specifications may lead to a price adjustment, subject to the Client’s acceptance.
Payment Terms
Unless otherwise specified in the quote, invoices issued by The Digitizers are payable within 30 days from the date of issue. In the event of late payment, penalties may be applied.
Late Payment Penalties
Late payment penalties will be calculated at the legal interest rate, plus a fixed fee for recovery costs, in accordance with the applicable legal provisions.
Article 6: Liability and Guarantees
Limitation of Liability
The Digitizers is only bound by a best-effort obligation. The Client acknowledges that The Digitizers cannot guarantee the absence of errors, bugs, or dysfunctions in the services provided.
Force Majeure
The Digitizers is not liable for delays or non-performance of its obligations in the event of force majeure.
Client’s Responsibilities
The Client is responsible for providing accurate and complete information necessary for the proper execution of the services.
Article 7: Confidentiality
Both parties undertake to keep confidential all information and documents exchanged during the execution of the services.
Article 8: Termination
Either party may terminate the contract in the event of a breach by the other party, subject to a prior notice period.
Article 9: Effective Date
The contract becomes effective upon receipt of the signed quote by The Digitizers.
Article 10: Applicable Law and Disputes
The contract is governed by French law. In the event of a dispute, the parties agree to seek an amicable solution before resorting to legal action.
Article 11: Termination
The contract may be terminated by either party in the event of a breach by the other party, subject to a prior notice period.
Article 12: General Provisions
These general terms and conditions of sale constitute the entire agreement between the parties and prevail over any other document.
Article 13: Modification of the General Terms and Conditions of Sale
Any modification of these general terms and conditions of sale must be the subject of a written agreement between the parties.
Article 14: Non-Waiver
The fact that one party does not claim the application of any clause of these general terms and conditions of sale cannot be interpreted as a waiver of the right to invoke it.
Article 15: Language
These general terms and conditions of sale are drafted in English. Client can ask for a french translation by email.