TERMS OF SALES

Article 1: Definitions

“Widigix” means the company Widigix, SAS with a capital of 1,000 euros whose head office is located at 37 Avenue Gambetta – 94700 Maisons-Alfort – France, RCS Créteil 829 196 096.
“Customer” means any legal or natural person who signs an estimate issued by Widigix.

Article 2: Purpose

The purpose of this agreement is to define the general terms and conditions of sale and the terms and conditions under which Widigix provides the services to its Customers. The main features of the services offered by Widigix are detailed on the website accessible at: www.widigix.com, which the Customer acknowledges having read. Quotes serve as purchase orders, in paper or electronic format. They form an integral part of this contract.

Article 3: Duration of the offers

The duration of the Widigix offers is defined in the quote, purchase order or service contract provided by its representatives.
Unless otherwise specified in the contract, the minimum duration of tenders is divided as follows:
– Adwords Marketing Campaign: 6 months
SEO SEO Campaign: 12 months
– Design & amp; Landing Manufacturing Page: 12 months
– Web Hosting: 12 months
– WordPress Web Maintenance: 12 months
– Design & amp; Manufacture of a Website: 12 months or payment in full for delivery

Article 4: Conditions of use of the services

Assignment of ownership: Widigix undertakes to assign to the Customer, once the entire service paid by the Customer, all his intellectual property rights over the work performed on behalf of the Client (graphic design, databases, code source – if owner) subject to the subscription by the Customer to a purchase contract and not a monthly service contract. In the case of a monthly service, Widigix reserves the right to transfer any property to the client, after a minimum lease period of 36 months and subject to a lump sum payment of € 1490 (excluding VAT) for migration costs (migration included in the case of Landing Page, migration on estimate in the case of a complete website).

References: The Customer authorizes Widigix to quote as references on its own communication media (website, brochures, case studies etc.) the elements (name, logo, etc.) of a nature to identify the Customer, its products and services or any project carried out in collaboration with Widigix.

Specification: In order to carry out the realization of the projects, the Customer must address a precise and exhaustive technical specifications to Widigix. In case of dispute, the initial specifications will refer. In the absence of exhaustive specifications, Widigix will make the technical and functional choices according to its experience, without these being challenged by the Customer.

Validation of the graphic models: Widigix will submit to the Customer “models” for validation. After acceptance by the Customer of the models (by e-mail, fax or mail), any request for modification of the realizations concerned will be subject to an additional estimate, subject to acceptance by the Customer before any further modification of the model.

Validation and amendment to the contract: If the Client made a new request during the execution of the contract that does not comply with the specifications or an objection to the work already done, such a request or objection would lead Widigix to draw up an additional estimate, subject to acceptance by the Customer. In the case of a modification of the contract during the project, it is specified to the Client that the minimum amount of the contract can not be lower than the initial amount subscribed. In the case of a contract modification on the rise, the Customer can not dispute the said modification in the case where it was sent in its digital form (email, fax, online request) and accepted by the same Client in the event that no annex to the contract is established with him.

Browser and Mobile Device Compatibility: The websites developed by Widigix work well on the latest versions of Internet Explorer, Edge, Firefox, Chrome and Safari browsers, with nonsignificant rendering gaps necessarily remaining. Widigix can not guarantee the compatibility of the developed site on all browsers and on all mobile devices. In particular, Widigix does not guarantee the compatibility of the developed site on browsers considered as obsolete (browser versions dating from 3 years and more).

Visibility on search engines (Google, etc.): Several weeks are needed between the launch of a site and the appearance of customer communication support (website, landing page etc …) in the search engine results. research. Widigix can not guarantee any delay or rank in search engine rankings.

Warranty malfunctions: Widigix will ensure the correction of bugs and malfunctions of the websites identified and reported by the Customer in the month following the posting of the website. The changes that will be reported after this period of 30 days after delivery will be the subject of an additional estimate, subject to acceptance by the Customer.

Update of the site: Widigix will be able to intervene after the delivery of the site as part of a maintenance contract or a billing in the past time. Any intervention on the site other than the repair of malfunctions described above will be subject to specific billing. Any mishandling of the user or the intervention of a third party on the customer’s site will result in the breach of the maintenance contract without taking as guaranty of the damage caused.

Hosting, e-mail boxes, etc.: Widigix does not offer hosting services and similar services (mailboxes, domain names, etc.) in its own. Widigix manages its aspects for the account of its Client with the hosts and other providers, and can not be held responsible for any problem related to the domain name, hosting, mailboxes, etc.
The online services offered by Widigix can be the object of hosting services according to the needs of the customer, in order to ensure the accessibility of the data. In the case of a subscription to a hosting offer, Widigix can not be held responsible for the documents & amp; hosted information that remains under the sole responsibility of the customer. In the case of non-compliance with international rules in force or misuse of hosting solutions and computer networks provided, Widigix reserves the right to close any hosting services without prior notice. In the case of subscribing to a hosting offer with unlimited disk space, the maximum disk space allowed is limited to 20GB of data. Widigix can not be held responsible for the loss of data, under any circumstances.
In the event that the customer wishes to transfer the subscribed hosting contract from Widigix to a third party or its own servers, the data backup, the deployment of the necessary tools for the migration and the management of the migration will be the subject of a flat-rate invoicing of a minimum amount of 490 € HT for each site or transferred support unless otherwise specified and specific costing. The migration can only take place at the end of the hosting contract initially subscribed and subject to the balance of all amounts due in this respect.

Domain Names: Widigix does not verify the legality of the domain names that are entrusted to it and the Client certifies to own the rights (trademark, etc.) necessary for the purchase and management of the domain name (s). domain names it assigns to Widigix. In the case of subscribing to a new domain name, the Customer acknowledges that he is the tenant of the domain name reserved for him. The Customer acknowledges requesting Widigix to deposit and use the domain name and ensures himself compliance with the legislation in force and the legal rights of third parties. Widigix can not be held responsible for the unavailability of a domain name ordered. The customer can obtain full ownership of his domain name subject to the payment of the flat-rate migration fee in the amount of € 490.00. Widigix disclaims all liability for domain names posted on behalf of its customer, including their availability. It is the CLIENT’s responsibility to ensure that the names are available and that they do not contravene national and / or international laws in force, in particular for the protection of trademarks, names and copyrights. In the event of termination, suspension or termination of subscription to Widigix services, royalties and delegation transfer fees will be borne by the CUSTOMER, Widigix reserves the right to terminate the service on the end date of the contract without ensuring its renewal. Widigix undertakes to provide all relevant information to the CLIENT for the transfer and management of his domain name after payment of the lump sum migration.

Backup: Widigix does not necessarily keep backup of websites and other work done for its Clients. Customer data is only guaranteed in the case of a subscription to a maintenance contract with backup and in the specificities defined in this contract. In any case, Widigix can not be held responsible for the loss of data saved or not, and will be required to restore only those subject to a maintenance contract with backup.

Printing: Widigix does not own print capabilities. The printing work can not be challenged by the Customer with Widigix once the validation of the BAT (Good to Pull) by the Customer (by e-mail, fax or mail or other).

Graphic Kit: The commissioning of the website template created with the system must be done by Widigix or its partners; Only the graphic kits offered by Widigix and its partners are part of the offers / graphic kits provided for in the contract. Widigix does not provide any additional designs except in the case of the subscription of a contract of realization of a graphic charter with Widigix.

Update: The automatic system updates, the formalities of opening, transfer or redirection DNS of a domain name and associated Email accounts when setting up the internet kit remains under the former responsibility client.

Installation of a graphic template: The installation of the Kit will be done according to the conditions of the order form or quote subscribed: the configuration of the Template Kit according to the chosen options includes only the addition of the logo company, the modification of the color codes of the graphic charter via the CSS, the background (wallpaper of the site), the images / banners on the home page (whose images must be provided by the Customer); all additional options subscribed to the order form by the customer; the addition of a photo gallery page or video gallery includes only the provision on the website of the functional structure of the gallery, empty of content. The selection and integration of visual content on the site remains the responsibility of the customer.

Social Network – FanPage: The creation of a page on social networks includes only the creation of the Page Pro OR the FAN Page, empty of content and image. The inclusion of content on the page and communication on social networks generally remain the sole responsibility of the customer, who certifies that he has been informed that Widigix can not be held responsible for content created and put online.
The management of advertising space purchase budgets provided by Widigix remains the sole responsibility of the customer. Purchased spaces, disclosed contents as well as any responsibility related to the management of the budgets will be under the full responsibility of the Customer.

Integration of Content on Website: The integration of content on the website takes place only subject to the subscription by the customer to a content integration option. In this case, the client must provide all the text and visual content to Widigix for integration. Once the contents are integrated, the modification, the addition, the deletion of these contents is not included in the present contract. The changes will be subject to additional billing by Widigix. Widigix can not be held responsible for the information integrated on the site, which remains under the full responsibility of the customer.

SEO Analysis: The SEO analysis for selected phrases is for informational purposes only. Widigix can not be held responsible for the non-veracity of the information disclosed or for obtaining additional traffic during and after the SEO campaign.

Google Position Guarantee: The Google Positions Guarantee, present on purchase orders, is valid only for the subscription of a netlinking campaign by the customer for a minimum period of 36 months and provided that the contract subscribed stipulates a guarantee. In this case, the guarantee will only cover a maximum of 10% of the total number of subscribed expressions, regardless of the volume of traffic of the said expressions. This guarantee is valid only in the case of the realization of an SEO offer including the audit, the optimization of the site AND the campaign of links with Widigix, and duly realized by Widigix.

Widigix references: The references presented in Widigix sales materials and purchase orders are for information only and do not act as a guarantee. References regarding the type of links created by Widigix as part of a Netlinking campaign are provided for informational purposes only. Widigix can not be held responsible for links created as part of its SEO campaigns. Each link created to the customer’s website remains under the sole responsibility of the customer. Widigix can not be held responsible for links pointing to the customer website, as well as any negative impacts that may be related.

Web comments: All comments on the internet concerning the customer, his activity or his website remain the sole responsibility of the customer.

Audit Report: All information provided in the Widigix audit report is for informational purposes only and can not be used against Widigix. Widigix can not be held responsible for the information provided and the impact due to their use in any form whatsoever.

Website Showcase or E-Commerce: In connection with the subscription to a website creation service contract, the Customer certifies that he has been informed that the website provided by Widigix remains the full and entire property of Widigix. Widigix reserves the right to transfer the ownership of the domain name and the website to the Customer after the payment of a minimum of 36 months rent and subject to payment of transfer fees equal to 6 months rent, upon request by Customer.

Landing Page: In connection with the subscription to a creative services contract and / or Landing Page Management, the Client certifies that he has been informed that the marketing materials provided by Widigix remain the full and entire property of Widigix (Landing page, banner , advertising messages, etc …). Widigix reserves the right to transfer ownership of the Landing page to the Customer after payment of a minimum of 36 months rent and subject to the payment of the property transfer fee equal to an additional 6 months rent, at the exclusive request of Customer.

Article 5: Obligations and Responsibilities of the Customer

Data provided by the Customer: The Customer will provide all text content in electronic format (Word file, PowerPoint or email). Audio or video will be provided in a digital format that can be directly used online. The data sent will have to be provided in their final versions. Any request to modify the contents of the site already integrated into the site after validation will be billed by the hour at the current hourly rate.

Any delay in the delivery of the content in relation to the schedule initially set in writing or in writing may have an impact on the overall duration of the project. The Customer will not be able to report a delay in delivery if the contents to be provided by the Customer have not been delivered in their entirety within the time period initially provided. The Customer undertakes to collaborate actively with Widigix by providing him with the information necessary to perform the work ordered. In case of non-compliance with this commitment, Widigix reserves the right, after 3 written reminders (by email, fax or mail) to terminate the service without refund of any form. Widigix can then claim the payment of the full amount provided in the signed quote.

Rights and legality: The Client guarantees that his activity is legal and that the activities presented on the communication media set up by Widigix comply with the law. The Customer warrants that he has full rights to all items provided to Widigix as part of the project or that Widigix has provided (trademarks, images, text content, concepts, contact list for emailing, etc.).
The Customer will be solely responsible for the editorial responsibility of the site. The Customer undertakes to release Widigix from any liability concerning services or information, signs, images, graphics, sounds or any other multimedia data that it will make available to users. In particular, it will be solely responsible for any act of counterfeiting, parasitism or any violation of intellectual property rights and more broadly any direct or indirect material or bodily harm caused by the use of services. He will accept any dispute that may arise between himself and any third party hereof. In the event that Widigix’s liability is nevertheless retained by a judicial authority, it undertakes to indemnify Widigix for the damage resulting from a fault on its part.

Payment deadlines: The Customer agrees to pay all invoices on time and no later than 45 days after billing.

Article 6: Obligations and responsibilities of Widigix

Deadlines for completion: Widigix undertakes to make every effort to carry out the services ordered by the Customer, but does not subscribe to any deadlines, unless otherwise agreed. The execution of the work by Widigix is ​​in particular subject to the provision by the Customer of the information necessary for the fulfillment of the order.

Transmitted documents: Under no circumstances will Widigix be held responsible for the loss of documents required to carry out the services ordered. The Customer is required to send only copies or documents without replacement value.

Security: Widigix can not be held liable in the event of (i) an intrusion on the customer’s site (and its various pages and contents) or the Customer’s website administration interface, (ii) d access to the databases or servers hosting the source files, (iii) hacking the Customer’s electronic mailboxes (iv) to attack a computer virus on the Customer’s website or computer workstations.

Article 7: Obligation of confidentiality

Widigix undertakes to respect the confidentiality of all this information and any data sent to it by the Customer. Widigix and the Client undertake to keep confidential the information and documents concerning the other party, of whatever nature, financial, technical, social or commercial, to which they could have had access within the framework of the execution of the benefit. The foregoing provision does not preclude Widigix able to report in its commercial advertisements or documents or commercial offers of all orders made with possibility of mentioning the name of the Client and the subject of the provision. This possibility does not give Widigix any rights over the Customer’s brands other than those mentioned above.

Article 8: No poaching

Each party waives, unless prior written consent, to directly or indirectly deals commitment to an employee of the other party who worked on the subject of contract performance or to take it to its service, under any status whatsoever. This waiver is valid for a period of three years from the employee’s intervention. In case of violation of Articles 7 and 8, the party in question will have to pay a penalty of 30 000 euros.

Article 9: Effective date

This contract takes effect upon signature of the estimate, in paper or electronic format. Any order, signature of estimate, dematerialized order, carried out via Internet on the Internet site of Widigix or any other support will be considered valid as of its subscription.

Article 10: Financial arrangements

General Modality
In return for the services provided, the Customer agrees to pay Widigix any amount mentioned in the contract between the parties as specified in this document. The rates for these services are those mentioned in the paper or electronic quote. They are exclusive of tax (ht) and are payable in euros (€). They are payable according to the deadlines mentioned in the contract, quote or order form.

Widigix reserves the right to suspend or terminate any service and at any time in the case of non-compliance with payment deadlines or after the contractual period of 45 days after issue of invoice.
Pursuant to Article L 441-16 of the Commercial Code, any default or late payment will result in the payment of interest late penalties at the rate of 15% per annum and the immediate suspension of Widigix’s services, pending the regularization by the Customer.

The monthly, annual or multi-year benefit contracts are renewable by tacit agreement according to the basic formula subscribed by the CUSTOMER. Renewal by tacit agreement being deemed valid in the exact terms of the previous contract, unless otherwise notified by registered mail at least 60 days before the anniversary date of the renewal.
The contract may be terminated after one of the two parties sends a registered letter with acknowledgment of receipt, unequivocally indicating the intention not to renew the contract.
This registered letter must reach the other party no later than 60 days before the anniversary date of the renewal. After this period, the following period will be deemed due and must be paid by the CLIENT. Widigix reserves the right to modify its rates and the present “General Conditions of Sale” applicable to the renewal. The subscription of a contract with Widigix acts as tacit acceptance of the present General Terms and Conditions of Sale as of signature date.

The non-acceptance of a modification of the contract wanted by Widigix may result in termination, without the CLIENT being able to claim any compensation whatsoever.
Widigix reserves the right to inform or not directly THE CUSTOMER, who is required to inquire about any modification of the terms and conditions or rates applicable to the renewal of the contract.
In case of refusal of these modifications, the CUSTOMER must inform Widigix within 30 days after anniversary date of renewal, by registered letter with acknowledgment of receipt. This deadline exceeded, the changes will be deemed accepted.

The CLIENT agrees to pay by direct debit or by check, bank transfer, credit card, cash, monthly or quarterly, according to the specific conditions defined in the contract. In case of non-payment on the due date indicated on the invoice issued to the CUSTOMER, Widigix may terminate the contract as of right without notice and without prejudice to the implementation of damages and the penalty clause provided in the contract .
Widigix reserves the right to terminate the contract unilaterally by registered letter with acknowledgment of receipt at any time.

Article 11: Intellectual Property

This contract is not a contract for the sale of software or internet support. It does not involve any transfer of intellectual and / or industrial property rights related to the services. All elements relating to the implementation of Widigix products and services are and will remain the exclusive property of Widigix, which reserves the right to use them for the use of its choice. The USER undertakes to refrain from any act likely to infringe, directly or indirectly, the intellectual property rights (and, in particular, the trademark rights) of the Widigix services, even with regard to the potential associated third-party software.

The third-party trademarks included or used in the Widigix service must be used in accordance with applicable regulations, including the identification of trademark holders and the CUSTOMER certifies that it has been informed that compliance with legal obligations remains in effect. his entire responsibility. The use of Widigix products and services and those of their partners does not represent any ownership rights in the trademark. Third-party software or components delivered and associated with Widigix services remain the property of their authors. Widigix services, digital images and photographs, documentation, as well as, if applicable, all upgrades, modified versions, updates and additions remain the sole property of Widigix, unless otherwise stated in the contract. . Widigix reserves the right to modify the software, to change the versions, to modify features, specifications, possibilities, and all other features of the software without informing the USER. The PUBLISHER grants the CLIENT a right to use the Widigix services for the entire period of the contract, subject to full payment of the amounts due.

Article 12: Termination

Widigix reserves the right to terminate, after a written notification (by email, fax or mail), by right and without compensation of any kind, the present contract in case of violation of one of the clauses of the previous conditions. In the event of termination of the contract at the Customer’s initiative, a portion of the fees will be due in proportion to the work performed, with a minimum of 60% of the total amount of the signed quote.

Article 13: Transferability of the contract

Widigix reserves the right to assign, transfer or provide to a third party, in any form whatsoever, the rights and obligations arising from this contract.

Article 14: Force majeure

Neither party shall be held responsible to the other party for any non-performance or delay in performance of any obligation under this contract that would be due to the other party as a result of the occurrence of a case of force majeure usually recognized by the case law.

Widigix is ​​not responsible in the event of interruption of the service due to a case of force majeure, due to a third party, the USER or its customers, as well as to the risks arising from the technique. The parties admit, without this list being limited, conventionally, between them, that emerge, in particular either from the force majeure, the fortuitous event, or by the fact of a third, the damages having their origins or their causes in: the natural disasters, fires, floods, lightning, electrical surges, strikes, power supply shutdowns, telecommunications network failures, civil or foreign wars, riots or popular movements, terrorist attacks, regulatory restrictions related to the provision of telecommunication services, the loss of connectivity due to public and private operators on which depends Widigix. The case of force majeure suspends the obligations arising from this contract for the duration of its existence.
In the event that the damage is caused by the exclusive fault of Widigix, the CUSTOMER can not be asked an amount greater than the total sum paid by the CUSTOMER under the contracts signed. Widigix’s customers are subject to the same laws, regulations and conditions as Widigix providers and partners whose products and services are offered by Widigix.

Article 15: Modification of the General Conditions of Sale

These Terms and Conditions of Sale may be subject to change. Changes to the terms and conditions take effect when posted on the Widigix website, and the customer is deemed to have read them. In the event that the customer informs Widigix of its refusal of changes, Widigix reserves the right to terminate this contract within the meaning and in the conditions of the articles of this contract.

Article 16: Right of withdrawal between professionals

This contract is subject to the rules of Article L121-16-1 of the Consumer Code, which extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals, provided that the object of these contracts is is not in the field of the main activity of the professional sought and the number of employees employed by him is less than or equal to five.
The right of withdrawal between professionals is applicable only when the following three conditions are met:
– the contract must be concluded outside the establishment,
– the subject of the contract must not enter into the main field of activity of the undertaking,
– the number of employees of the company must be less than or equal to five.

Article 16.1: Retraction during an online purchase

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage to the product on this occasion may be such as to defeat the right of withdrawal.
The return costs are the responsibility of the buyer.
In case of exercise of the right of withdrawal, Widigix will refund the amounts paid, within 30 days of notification of your request and via the means of payment desired by the buyer.

Article 16.2: Exceptions to the right of withdrawal

The right of withdrawal can not be exercised for contracts for the supply of services that are fully performed before the end of the withdrawal period and whose execution started after prior agreement
customer’s express and express waiver of his right of withdrawal.
The right of withdrawal can not be exercised for contracts for the supply of goods made to the customer’s specifications or clearly personalized.
Persons and companies acting in the context of their commercial or liberal activity at the conclusion of the contract do not benefit from this right of withdrawal.

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
– The provision of services fully performed before the end of the withdrawal period and whose execution began after prior express consent of the consumer and express waiver of his right of withdrawal.
– The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the period of
withdrawal.
– The supply of goods made to the specifications of the consumer or clearly personalized.
– The supply of goods that may deteriorate or expire quickly.
– The supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection.
– The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
– The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
– Transactions concluded during a public auction.
– The provision of digital content not provided on a physical medium whose execution began after express prior consent of the consumer and expressly waived his right of withdrawal.

The customer must bear the costs of returning any type of merchandise and bear all costs related to their return to compliance.
For service contracts that do not include the delivery of goods, the withdrawal period runs from the day of the conclusion of the contract.

Article 16.3: Submitting Claims

Any complaint must be addressed:
By mail with acknowledgment of receipt to:
SAS WIDIGIX
Claim Service
37 Avenue Gambetta
94700 Maisons-Alfort
or by email at: [email protected]

Article 17: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. Just click on the link at the end of our emails or contact the controller (the Company) by letter RAR.

Article 18: Applicable Laws and Jurisdictions

This contract is subject to French law. Any disputes relating to the interpretation or performance of this contract that are not resolved amicably will be brought before the competent courts of Paris.