1. GENERAL 

1.1 Scope – Opposability 

These General Conditions determine the terms and conditions for the provision of services in Metropolitan France and apply to all services concluded by SAS VITRUVE DATA with a share capital of 2,000 EUR, domiciled at 10 avenue de l'Aubinière 44980 SAINTE-LUCE- SUR-LOIRE, SIREN 904926086 RCS NANTES, code NAF 6201Z hereinafter called the company VITRUVE DATA, with customers whether they are professionals or consumers, concerning the following services: expertise in analysis, in particular relating to the necessary computer programming the creation and implementation of software and database applications, the implementation of data visualization; the design, development, modification, configuration of computer programs; development and organizational consulting; monitoring, in particular through audits and customer support. 

The fact of placing an order implies the express and unreserved acceptance by the ordering customer of all the clauses and conditions provided for in these general conditions of service. 

The fact that VITRUVE DATA does not avail itself of one of these conditions for a given period cannot be interpreted as a waiver of them. 

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1.2 Related documents 

All other documents, catalogues, advertisements, notices or prospectuses are provided for information purposes only and are not contractual. They can in no way replace the application of these general conditions of service. 

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1.3 Changes to the general conditions of sale 

VITRUVE DATA reserves the right to unilaterally modify these general conditions of service at any time and, in such case, to apply them to all orders placed after the date of modification. 

 

2. QUOTATIONS / ORDERS 

1.1 Drafting quote 

All services are subject to the prior establishment of an estimate or an offer. 

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1.2 Duration of validity 

Duration of validity of an estimate/offer: The offer is constituted by VITRUVE DATA and, unless otherwise specified, the validity of offers and estimates is limited to 2 months. 

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1.3 Acceptance of quote 

The signature by the customer of the estimate or the order commits him in a firm and definitive way. 

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1.4 Effective date of order 

Any order or estimate accepted is only effective upon receipt of a deposit greater than or equal to: 40% of the total amount including tax of the estimate or order. Any special agreements to the contrary will be specified in the estimate. 

This deposit is payable by check or by bank transfer upon acceptance by the ordering customer of the estimate. Work will begin when all the documents necessary for the proper performance of the contract will be available to VITRUVE DATA: quote and signed CGVS, 40% of the total amount paid and graphic and/or textual documentary elements necessary for the service._cc781905-5cde -3194-bb3b-136bad5cf58d_

1. Right of withdrawal 

VITRUVE DATA reserves the right to cancel any order from a customer with whom there is any commercial dispute, whatever the cause. 

1. Quote cost 

Quotes made by VITRUVE DATA are free; the projects presented must imperatively be returned in their entirety (digital and paper documents) if they are not selected because they remain the exclusive property of VITRUVE DATA. 

 

1. DELAYS 

A deadline for the completion of the service is indicated in the estimate. 

Any overrun of deadlines due to modifications by the instructing Client and additional work outside of the service provided for in the initial estimate cannot engage the responsibility of VITRUVE DATA and will result in the invoicing of additional fees at the expense of the client. 

VITRUVE DATA cannot be held liable in the event of force majeure or events such as: war, strike by the company or one of its suppliers, fire, bad weather, or even out of stock of the supplier._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

1. VITRUVIAN BONDS DATA 

VITRUVE DATA undertakes to provide all the human and technical resources necessary for the performance of the services described in article 1.1 of these general conditions. VITRUVE DATA undertakes in particular to inform the instructing client as well as possible of its knowledge of the risks inherent in the intervention requested. Insofar as the proper functioning of new equipment, software, or the result of an IT service, does not depend only on the quality of the hardware and software installed and the services performed, but also on factors independent of VITRUVE DATA, such as the original installation, the working methods and the qualification of the user, VITRUVE DATA only responds to an obligation of means and not of result. _cc781905- 5cde-3194-bb3b-136bad5cf58d_

VITRUVE DATA undertakes the strictest neutrality and refrains from any assessment of the management and organization of the company, work and personnel of the client client. _cc781905- 5cde-3194-bb3b-136bad5cf58d_

VITRUVE DATA will inform the ordering customer of the difficulties encountered that may disrupt or delay the performance of the service as soon as it becomes aware of them.

 

1. INTERVENTION ON SITE 

1. Absence of the instructing party 

In the context of an on-site intervention, if the ordering customer or the person responsible for representing him is absent at the meeting place at the agreed time, the customer undertakes to pay compensation equal to one hour of work plus travel expenses incurred. 

1. Site Risks 

VITRUVE DATA reserves the right not to provide a service, if in the reasonable opinion of the speaker, the working conditions at the client's place of purchase risk putting his safety in danger or compromising the integrity of the equipment. . 

 

1. HOURLY ASSISTANCE 

Customer Credit Support Hours do not have an expiration date.

The time spent in assistance is counted without a minimum duration. 

Following the client's request for intervention, VITRUVE DATA will propose an intervention slot within 3 working days of the request for an intervention of less than 2 hours. For any intervention of more than 2 hours, an appointment will be proposed to best meet the constraints of the customer and VITRUVE DATA. 

 

1. PRICES 

1. Definition of tariffs 

The prices and tariffs expressed are in euros net excluding taxes. The prices are based on the price lists in force on the date of the order or the estimate. The services do not include any travel costs beyond 30 km from the registered office of VITRUVE DATA. VITRUVE DATA will be entitled to charge the customer a supplement per kilometer on the basis of the legal index or on presentation of the invoices for the costs incurred. 

1. Development overhead 

In the event of an additional cost that could not have been foreseen before the start of an intervention, VITRUVE DATA undertakes to inform the ordering customer, who is then free to terminate the service. In this case, VITRUVE DATA will invoice the service already performed at the rate in effect on the day of the intervention. 

 

1. WARRANTIES 

For all developments, a period of 30 days following delivery will be respected during which the customer requesting the order may call on VITRUVE DATA to correct bugs or adjust the delivered application. These adjustments or corrections must remain within the framework of the associated estimate. In the event of an adjustment outside the scope of the estimate, refer to article 7.2 of these general conditions of sale. 

1. PAYMENT TERMS 

1. Development services 

For a development project, the terms of payment are as follows: 40% on order, 60% on delivery of the application. 

1. Assistance services 

For assistance services, payment for all of the hours requested by the customer must be made before the first intervention.

1. Training services 

The method of payment for training services will depend on the funding body. 

In the case of direct payment by the ordering customer, the terms of payment are those of article 9.1. 

In the case of support by an OPCO, a single invoice will be issued once the training is completed.

1. Billing 

An invoice payable in cash, upon receipt, will be established by VITRUVE DATA after each service and will be issued at the time of this. This invoice will include all the information provided for by the legislation in force. 

 

1. LATE OR NON-PAYMENT 

Any payment made after the due date of the invoice will be subject to late payment penalties calculated at a rate equal to three (3) times the legal interest rate on the amount including tax of the price of the services. The late penalties provided for in this article will be automatically and automatically acquired by VITRUVE DATA without any formality or prior formal notice and this delay will result in the immediate payment of all sums due to VITRUVE DATA by the ordering customer. , without prejudice to any other action that VITRUVE DATA would be entitled to bring, in this respect, against the ordering customer. 

Recovery costs will be borne by the customer from the due date agreed upon when placing the order. In accordance with Article 121-II of Law No. 2012-387 of March 22, 2012 set by Decree No. 2012-115 of October 2, 2012, Professionals will automatically be subject to a legal lump sum recovery indemnity of an amount of 40 euros. 

Any non-payment or irregular payment will lead to the suspension of the interventions of VITRUVE DATA until regularization.

 

1. BREACH OF CONTRACT 

In the event of breach of contract, attributable to the customer, before the performance of the service ordered, the deposit paid with the order will be retained as lump sum compensation. In the event of breach of the contract during the service, the services performed and provided will be added to the billing. 

1. CUSTOMER REFERENCES 

Unless explicitly stated otherwise by the customer, VITRUVE DATA may use as an advertising showcase the customer's references and description of the projects carried out by the company VITRUVE DATA. 136bad5cf58d_

 

1. RIGHT OF WITHDRAWAL 

In accordance with Article L. 121-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing by telephone or outside institution, without having to justify its decision. The period mentioned runs from the day of the conclusion of the contract, for contracts for the provision of services.

We inform customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for the provision of services fully executed before the end of the withdrawal period or for which the execution began after express prior consent of the consumer and express waiver of his right of withdrawal. 

 

1. INTELLECTUAL PROPERTY 

1. General methods, development tools, documents or programs 

The service does not entail any transfer of ownership of the methods, development tools, documents or general programs, property of the company VITRUVE DATA or on which it would have obtained a license, whatever their nature, and which would have been placed available to the ordering customer, whether or not for payment, the latter only benefiting, in this case, from a right of use limited to the purpose of the service. The transfer of these rights of use will be the subject of a separate contract between the parties, in accordance with the provisions of articles L122-6 and following of the Intellectual Property Code. 3194-bb3b-136bad5cf58d_

In addition, VITRUVE DATA reserves the right to use the lessons and techniques it may have learned from the study or from all the services entrusted to it by the ordering customer._cc781905 -5cde-3194-bb3b-136bad5cf58d_

1. Creations 

VITRUVE DATA remains the sole owner of its copyright resulting from its services. The exploitation of its creations and services is carried out in accordance with the provisions of the mission carried out and the legal and regulatory provisions in force at the time of acceptance of the estimate. -136bad5cf58d_

 

 

1. COMPUTER LAW AND FREEDOM, PERSONAL DATA, CONFIDENTIALITY 

1. Registration of personal data and right of access 

VITRUVE DATA informs the customer that some of his personal data is recorded for the purposes of managing the customer relationship, and for the execution of the contract, but is in no way made public. The customer has a right to access, rectify or delete data concerning him. These rights may be exercised by making a written and signed request to the company VITRUVE DATA at the address 10 avenue de l'Aubinière, 44980 SAINTE-LUCE-SUR-LOIRE or by email to the following address: contact@vitruve- data.fr; this request must be accompanied by a copy of the identity document with signature of the holder of the document, and specify the address to which the response must be sent. 

1. Privacy 

VITRUVE DATA undertakes to respect the strictest confidentiality concerning the client's personal data and not to disclose, under any pretext whatsoever, the information to which it has access during its services._cc781905-5cde-3194-bb3b- 136bad5cf58d_

The company VITRUVE DATA undertakes to delete all the data used to feed the databases or dashboards relating to the customer, and this upon receipt of payment of the final invoice, terminating the contract._cc781905 -5cde-3194-bb3b-136bad5cf58d_ 

1. General Data Protection Regulation - RGPD 

In accordance with the recommendations of the National Commission for Computing and Liberties (CNIL), the company VITRUVE DATA will apply all the principles relating to the processing of personal data on all the data provided by the customer._cc781905-5cde -3194-bb3b-136bad5cf58d_ 

 

1. COMPLAINTS/ DISPUTES/ ATTRIBUTION OF JURISDICTIONAL COMPETENCE 

These CGVS are governed by French law. 

In the event of a dispute between two professionals who cannot be settled amicably, jurisdiction is conferred on the Commercial Court of Nantes. 

In the event of a dispute by an individual, the latter will have the choice between the district or high court of the place of the registered office of the company VITRUVE DATA or the place of performance of the service._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

Signature preceded by the words "Read and approved"