General Conditions of Service

THE SERVICE PROVIDER

Julien PIERRON
www.julien-pierron.fr
www.julien-pierron.com
jpierron.contact@gmail.com
Phone : +33 (0)7 81 21 89 52
SIRET : 524 606 779 00022
Legal name : Julien Pierron
Exempt from registration pursuant to Article L 123-1-1 of the Commercial Code.
VAT exemption, under section 293B of the CGI.

These General Conditions of Service govern the contractual relationship between Julien Pierron and any person or entity wishing to avail themselves for their own account or to third parties, the services offered.

SUBJECT

The aim of these General Conditions of Service is to determine the contractual relations between the Julien Pierron and his Client and to clarify the conditions applicable to the following services :
- code APE 6201Z : « Programmation informatique ».

1. APPLICABILITY AND VALIDITY OF CONDITIONS OF SERVICE

All orders placed imply the client's full acceptance of these Conditions of Service, without any reservation whatsoever and to the exclusion of any other document.
No special conditions will take precedence over these Conditions of Service unless expressly stated in writing on the final and binding purchase order.

The execution of any service by the Service Provider implies the Client accepts these Conditions of Service and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against the Service Provider, regardless of the time at which he/she may have been made aware of it.

That the Service Provider does not exercise one or more of the provisions in these Conditions of Service shall not be interpreted as a waiver of the Service Provider's right to exercise any of the provisions in these Conditions of Service at a later date.

Le fait que le Prestataire ne se prévale pas à un moment de l'une quelconque des présentes conditions générales de vente, ne peut être interprété comme valant renonciation à se prévaloir ultérieurement de l'une quelconque desdites conditions.

2. QUOTES AND ORDERS

Each order placed by the Client shall be preceded by a free quote issued by the Service Provider based on the documents or information provided by the Client.

The quote the Service Provider sends to the Client by regular mail or electronic mail shall include:
- The way in which the service was priced. A service is billed either at a flat rate, at an hourly rate, or based on the Service Provider's rates at the time the quote is prepared;
- The date of delivery of the service;
- Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by the Service Provider.

To confirm an order, the Client must return the unaltered quote with the Client's written approval and signature to the Service Provider by regular mail if the quote was sent to the Client by regular mail. If the Client received the quote by electronic mail, the Client may confirm the order by expressing this clear acceptance by return electronic mail. If the Service Provider does not receive the order confirmation, the Service Provider reserves the right not to commence work on the project concerned.

If confirmation of the order is not received within three (3) months of the date the quote is sent by the means stipulated above, the quote shall be considered null and void.

The Service Provider reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the Client's initial order in the following cases:
- Modification or addition of new features by the Client after the initial quote was prepared by the Service Provider, in which case the Service Provider reserves the right to adjust the rate based on the additional volume of work estimated or requested.

In the absence of the Client's express acceptance of the new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence work.
Unless otherwise stated on the quote, costs incurred during the provision of services (travel, courier or postal fees, etc.) shall be charged to the Client.

Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage or flat flee are at the sole discretion of the Service Provider and only for the service to which they apply. Any discounts or rebates offered to the Client shall not create a right vested in interest concerning future services.

In the event that a quote is not sent to the Client before the commencement of work, services shall be invoiced at the base rate usually billed by the Service Provider.

3. PROOF

The Client agrees to consider e-mails, copies, and computer files as equivalent to the original and valid proof that the order was confirmed.

4. DEPOSITS

Any order exceeding Euro 200.00 may be subject to a deposit of 50% which shall be clearly stipulated on the quote. Work shall begin only once the payment has cleared.

5. DELIVERY

Any delivery date or dates agreed between the Service Provider and the Client shall become binding only once the Service Provider has received all the documents needed to start the service and if the Client has confirmed his/her order as specified in Paragraph 2 above within 3 (three) working days from the date of reception of the quote. After that time, the delivery date may be revised if so required by the Service Provider's workload.

6. THE SERVICE PROVIDER’S OBLIGATION

The Service Provider agrees to provide a service that is as faithful as possible to the Client needs and that complies with professional standards. He/she shall do everything possible to take into account the constraints provided by the Client (supported devices, compatible operating systems.). The Service Provider shall not be held liable for any inconsistencies or ambiguities of the application in an environment the Client hasn't made the Service Provider aware of it.

7. THE CLIENT’S OBLIGATIONS

The Client shall provide the Service Provider with all data required to complete the project and, if necessary, the sources of the existing project. If the Client fails to inform the Service Provider, the Service Provider shall not be held liable if the project does not conform to the Client's standards or if delivery is late.

The client has 10 working days from the time the application is received to inform the Service Provider in writing of any disagreement concerning the quality of the application. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal or electronic mail receipts as proof of delivery.

8. CONFIDENTIALITY

The Service Provider agrees to preserve the confidentiality of information the Service Provider becomes aware of before, during, and after providing services.

The Service Provider shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform the Service Provider before the provision of services or at the time the order is placed of the means of transmission the Client would like the Service Provider to use to ensure the confidentiality of any sensitive information.

9. MEANS OF DELIVERY

Files are delivered using one of the following methods:
- By hand using a storage device;
- On the Client's FTP. A link to access the data will be sent to the Client by mail.

Any other means of delivery or formats must be expressly agreed to by the parties and may result in additional fees.

10. RESPONSIBILITY

The liability of the Service Provider on any grounds whatsoever shall be limited to the invoiced value of the work.

It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Service Provider shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure, electronic mail transmission, postal and other problems.

11. CORRECTIONS AND MODIFICATIONS

In the event of disagreements about certain aspects of the application, the Service Provider reserves the right to correct these aspects in cooperation with the Client.

Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing hourly rate.

12. PAYMENT

Unless otherwise mentioned on the quote, payment in full to the Service Provider shall be made no later than 30 days from the date of invoice. Because of the type of business (proprietary), the mention « VAT is not to apply, paragraph 293B of the French Tax Code » must appear on the invoice.

Accepted payment methods are : french checks (to : Julien Pierron), bank wires and PayPal (jpierron.sales@gmail.com).

In the case of payments by check or wire from abroad, all forex and banking fees will be specified on the quote or be billed to the Client.
In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received and the Client will be liable for late payment penalties of one and a half time the prevailing base legal interest rate applied to the entire sum in question, without any formal notice being required.

Applications remain the property of the Service Provider until payment has been received in full.

13. COPYRIGHT

Before sending in a document or information, the Client must ensure that this does not infringe on any third-party rights.

If these conditions have not been ensured by the Client, under no circumstances shall the Service Provider be held liable if all or a portion of the documents or information were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client's negligence.

Furthermore, the Client acknowledges that the application is a new element, whose copyright is held jointly by the author and the Service Provider. As a result, the Service Provider reserves the right to require that the Service Provider's name be mentioned in the application, in compliance with France’s Intellectual Property Code (paragraph L.132-11).

14. CANCELLATION

If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason and notified in writing by the Client to the Service Provider, the Client shall pay the Service Provider the full contract sum for the work completed and half (fifty percent) for the uncompleted work.

15. COMPLAINTS AND DISPUTES

In the event of a complaint or dispute of any nature whatsoever, the Service Provider and the Client agree to attempt to settle the complaint or dispute amicably. The parties agree to do everything within their power to ensure that conciliation is successful. They agree to operate in good faith.

16. AWARDING LEGAL

The present General Conditions of Service written above are governed by the French rights and to the exclusion of any other legislation.