Nfinite General Terms and Conditions of Sale / Services
These General Terms and Conditions of Sale and Provision of Services (GTC) are applicable to all the services offered in the quotation by SAS
HUBSTAIRS - SIRET: 818 935 421 000 29, hereinafter referred to as “Service Provider”.
2 - APPLICATION
Upon acceptance of the quote, acceptance of these GTCs is without reservation, the Customer tacitly acknowledging having read and accepting them as an integral part of the quote. No particular condition, unless expressly agreed in writing by both parties, can prevail over these GTC, whether it be one-off or subscription-based services. The signing of the quote constitutes acceptance of these GTC and constitutes a service contract whose provisions are enforceable against the parties.
3 - VALIDITY OF THE QUOTE
All orders are subject to a written estimate drawn up by the Service Provider on the basis of the requests made by the Customer, with details of the services to be performed and these GTCs. The established estimate is valid for two months from the date of issue. Beyond that, the prices are not guaranteed and the services concerned will have to be the subject of a new estimate.
The acceptance of the estimate by the handwritten mention "Good for agreement", the handwritten signature and the stamp of the Customer, will validate the order in a firm and definitive way: the name and the coordinates of the legal entity of the customer to invoice, the services concerned, their number, their unit price, and the firm and final payment terms. A 30% deposit may be requested upon signature of the quote and acceptance of the quote without payment of the requested deposit suspends the performance of the service by the Service Provider.
Since the quote is registered with a legal entity and contact details which will be included in full for the invoice, acceptance of this quote without a request for modification therefore constitutes final acceptance of the billing contact details.
4 - EXECUTION OF ORDERS
The Service Provider undertakes to perform the services ordered with the greatest care, within the deadlines requested by the Customer, to the extent of his availability. The delivery date is given orally as an indication and its exceeding may not give rise, for the benefit of the Customer, to an allocation of damages, penalties for delay or cancellation of the order.
The Customer undertakes to make available to the Service Provider all the elements necessary for the performance of the service. Any delay or omission on his part in the transmission of information, including in the round trips to validate the rendering of the service, may lead to a revision of the delivery date initially scheduled, without delaying the due dates of payment indicated on the invoice.
Work begins upon validation of the order or after payment of the 30% deposit when requested.
5 - INVOICING
The Service Provider establishes an invoice upon acceptance of the quote by the Customer, possibly followed subsequently by several monthly invoices in the event of a subscription. The invoice contains exactly the data of the estimate, specifying the precise date (s) of the payment deadlines, in accordance with the conditions specified on the estimate.
Acceptance of the quote by the customer without a request for modification constituting final acceptance of the invoicing details, any subsequent request for modification of the invoice will result in additional invoicing of € 200 excl. Tax payable in cash.
6 - INCREASES, MODIFICATIONS AND CANCELLATION OF ORDERS
Services provided urgently at the Customer's request after acceptance of the quote in accordance with the initially planned completion times will be increased as follows, giving rise to additional invoicing payable in cash:
Work carried out on Sundays and public holidays: + 50%
Work to be carried out within a period of less than 24h00 or on Saturday: + 30%
Any request for an increase by the Customer of an invoiced order will be the subject of an additional estimate and upon acceptance by him and additional invoicing
In the event of reduction or cancellation by the Customer (by email) of an invoiced order, whatever the cause, the latter undertakes to pay the value of the service already delivered or in the process of being processed plus one deduction equal to 30% of the amount of the balance of services not yet started.
7 - TERMS OF PAYMENT
The terms of payment are mentioned on each quote and included on the invoice established upon acceptance of the quote. Payment is due on the due date appearing on the invoice and payable exclusively by bank transfer (the service provider's IBAN appearing on the invoice). By accepting the quote, the Customer agrees to respect the due dates, single or multiple, specified on the invoice, which he knows perfectly well to be independent of the delivery dates of the services.
In the event of a dispute or for any other reason, the postponement of deadlines requested by the Customer must be accepted by the service provider at least 5 working days before the initially scheduled deadline. If the Service Provider refuses, the deadline must then be strictly observed by the Customer.
8 - LATE PENALTIES
In the event of non-payment of an invoice by the due date, a late payment penalty equal to the legal interest rate plus a lump sum compensation for collection costs of € 40, in accordance with article L441-6 and D441-5 of the Commercial Code, are payable without any formal notice being necessary. This penalty, calculated on the net amount of the remaining sum due, automatically runs from the date of issue of the invoice, as does the lump sum compensation for recovery costs of € 40
In the event of judicial recovery, the Customer will bear all the costs of formal notice and litigation, as well as the invoicing, as a penalty clause, of a sum equal to 15% of the total amount of the order placed by the Customer, with a minimum lump sum of € 30 per case, without prejudice to any damages or indemnities that the Service Provider / Designer may claim.
9 - DISCLAIMER OF LIABILITY
Under no circumstances will the Service Provider be required to repair any direct or indirect damage resulting from the service delivered by the Service Provider.
The Customer has in fact all the rights to the products or objects for which he requests the publication in the visuals and he therefore undertakes to be the only one liable to possible prosecution or penalties in the event of non-compliance with this provision.
More generally, the Customer releases the Service Provider from all liability in the event of incidents, complaints, penalties or prosecutions that may arise following delivery of the service.
10 - APPLICABLE LAW AND COMPETENT JURISDICTION
Any dispute relating to the application or interpretation of these GTCS is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of BORDEAUX