General Terms and Conditions of Sale (GTC)

Latest version in force. The terms and conditions applicable to an order are those published on the date the quotation is signed.

1. Purpose and scope

These terms and conditions govern the services provided by [[TO BE COMPLETED: exact company name]], hereinafter «Evolurise», a company established in a free zone in Dubai, United Arab Emirates.

These services include, in particular, the design and development of WordPress websites and applications, WooCommerce shops, e-learning platforms, intranets, automation and the integration of artificial intelligence, search engine optimisation, maintenance, hosting and training.

These terms and conditions apply to all orders, without exception. Signing a quotation constitutes full and unconditional acceptance of these terms and conditions. Any contrary terms contained in the customer’s documents shall not be binding on us unless we have accepted them in writing.

2. Definitions

• Client : the individual or legal entity signing the quotation.
• Quotation : the document setting out the scope, price and timetable for a service.
• Available : any item provided to the client as part of the service.
• Recipe : the phase during which the client checks that the deliverables comply with the requirements.
• Anomaly : a reproducible discrepancy between the performance of a deliverable and what is set out in the quotation.

3. Contractual documents

The contract consists of the following documents, in descending order of priority:

1. the signed quotation and its annexes; ;
2. these terms and conditions; ;
3. any subsequent written correspondence agreed upon by both parties.

In the event of a conflict, the document of higher rank shall prevail, solely in respect of the point of conflict.

4. Formation of the contract

Our quotations are valid for 30 days from the date of issue. After this period, prices and lead times may be subject to change.

The contract comes into effect on the date the signed quotation is received, together with payment of the deposit. Work will commence from that date, provided the client has made the necessary items available.

Any request falling outside the scope set out in the quotation shall be subject to a costed amendment. No work outside the scope shall be undertaken without prior written agreement.

5. Prices and payment

The prices are set out in the quotation, in euros, excluding VAT. They are fixed for the duration of the quotation’s validity.

Standard timetable, unless otherwise stated in the quotation:

• 40 % payable upon ordering, as a deposit; ;
• the balance upon receipt of the deliverables.

Invoices are payable within 30 days of the invoice date, by bank transfer.

Any delay in payment shall automatically, without the need for prior notice, give rise to the application of penalties calculated at three times the statutory interest rate in force, as well as a fixed compensation payment of 40 euros for recovery costs, which shall be increased to the actual amount if the costs incurred exceed this sum.

In the event of a delay exceeding 15 days, we may suspend the services currently being provided, including hosting and maintenance, following written notice which has remained unheeded for 8 days. Such suspension does not constitute a breach of contract and does not give rise to any entitlement to compensation.

6. Customer’s obligations

Quality and adherence to the schedule depend directly on the client’s cooperation. The client undertakes to:

• appoint a single point of contact with the authority to approve; ;
• to provide the necessary content, visuals, access and information within the agreed timeframes; ;
• respond to validation requests within 7 working days; ;
• ensure that they hold the rights to the material they send us.

Any delay caused by the client will result in the schedule being postponed by a period of at least the same duration. If the client remains inactive for more than 30 days, we may invoice them for the work carried out and close the project.

7. Implementation, acceptance and revisions

Upon delivery, the customer has 10 working days to check the deliverables and report any discrepancies in writing, providing precise and verifiable details.

The quotation includes two return trips for servicing per deliverable. A revision consists of a set of requests submitted in one go. Additional requests, as well as those that alter the original scope, are invoiced on a time-spent basis in accordance with our current rates.

In the absence of a written response within 10 working days, or if the client puts the deliverables into production, the deliverables shall be deemed to have been accepted.

8. Maintenance and hosting

Maintenance and hosting services are provided under a subscription as set out in the quotation, which is entered into for a period of 12 months and is automatically renewed for the same period.

Either party may terminate this agreement by giving the other party at least 30 days’ written notice prior to the expiry date. The customer may also terminate the agreement at any time following renewal, in accordance with the applicable provisions.

We undertake to acknowledge receipt of any support request within 24 working hours. This timeframe relates to the handling of the issue, not to its resolution, the duration of which depends on the nature of the problem.

Upon expiry of the contract, we shall provide the client, upon written request made within 30 days, with a full backup of their website and database. After this period, the data may be deleted.

9. Intellectual property

The economic rights to any bespoke developments and graphic designs produced for the client are assigned to the client on the date of full payment of the fee, for the statutory term of protection and worldwide, for the purposes of exploiting the project in question.

Until full payment has been made, we retain ownership of these rights and the customer has only a provisional, revocable right of use.

The following are excluded from this sale:

• third-party software and components, including WordPress and its plugins, which are governed by their own licences; ;
• our existing tools, libraries, methods and reusable building blocks, for which the client is granted a non-exclusive, non-transferable licence, limited to the project; ;
• the licensed resources acquired for the project, to which their own terms and conditions apply.

The client retains ownership of the content they provide and grants us the right to use it for the purposes of the service.

10. Warranty

We guarantee that any faults will be rectified within 90 days from the date of receipt, at no extra cost.

The following are excluded from this warranty:

• changes made by the customer or by a third party; ;
• malfunctions arising from a third-party component, hosting not provided by us, or an update carried out beyond our control; ;
• requests for changes, which do not constitute anomalies; ;
• the consequences of using the product in a manner not in accordance with the documentation provided.

11. Liability

We are bound by a duty of best efforts. We exercise the care and expertise expected of a professional in our field.

Our liability is limited to direct and foreseeable losses, and capped at the amount actually paid by the customer under the relevant contract.

We accept no liability for consequential damages, including loss of turnover, loss of customers, damage to reputation or loss of data for which the customer has not kept a backup on their own system.

These limitations do not apply in cases of gross negligence or wilful misconduct, in cases of personal injury, or in cases where the law excludes them.

12. Confidentiality

Each party undertakes not to disclose any confidential information received from the other party, and to use such information solely for the purposes of performing the contract. This undertaking shall remain in force for the duration of the contract and for a further three years after its expiry.

This does not include information that is already in the public domain, was known prior to its disclosure, or is required by law to be disclosed.

13. Business references

Unless the client objects in writing, we may use their name and logo, and display images of the completed project, for commercial reference purposes, on our website and in our promotional materials. The client may withdraw this authorisation at any time in writing; this will apply to future publications, and existing publications will be removed within 30 days.

14. Force majeure

Neither party shall be liable for any breach caused by an event of force majeure within the meaning of Article 1218 of the Civil Code. The party prevented from performing its obligations shall notify the other party without delay. If the hindrance lasts for more than 60 days, either party may terminate the contract in writing, without liability for damages, whilst payment for services already rendered shall remain due.

15. Termination

In the event of a serious breach by either party of its obligations, the other party may terminate the contract automatically, 15 days after a written notice to remedy the breach has remained unheeded.

In the event of termination, payment is due for the work carried out up to the effective date, and the deposit paid shall be retained as compensation for the work already undertaken.

16. Personal data

The processing of personal data collected on our website is described in our privacy policy.

Where a service requires us to process personal data on behalf of the client, particularly in relation to hosting or maintenance, the client acts as the data controller and Evolurise as the data processor. The parties shall then enter into a separate data processing agreement, in accordance with Article 28 of the General Data Protection Regulation.

17. Provisions specific to consumer customers

This section applies only to customers acting for purposes outside the scope of their professional activities, a situation which primarily concerns our training services. In the event of any conflict, this section shall take precedence over the other articles.

Right of withdrawal

The consumer is entitled to 14 days from the date the contract is concluded, to withdraw from it without giving a reason and without incurring any penalty.

To exercise this right, simply send an unambiguous statement to [email protected], stating the name, address and date of the contract. A sample form is provided below.

The refund will be made no later than 14 days after receipt of the request, using the same payment method as that used originally.

Exception: If the consumer expressly requests that the service commence before the expiry of the 14-day period, they acknowledge that they will lose their right of withdrawal once the service has been fully performed, and that, in the event of withdrawal before the service has been completed, they will be required to pay for the part of the service already provided.

Model withdrawal form

For the attention of Evolurise, [email protected] :

I hereby give notice of my withdrawal from the contract relating to the provision of the services set out below:

Service ordered on: ______
Consumer’s name: ______
Consumer’s address: ______
Date: ______
Signature (only for paper notifications): ______

Consumer mediation

In the event of a dispute that remains unresolved following a written complaint addressed to [email protected], consumers may seek assistance from a consumer ombudsman free of charge.

Competent ombudsman: [[TO BE COMPLETED: name and contact details of the consumer ombudsman]]

Consumers residing in the European Union may also use the European Online Dispute Resolution platform.

18. Language, governing law and jurisdiction

The French version of these terms and conditions shall prevail. Versions in other languages are produced by machine translation and are provided for convenience only. In the event of any discrepancy, the French text shall prevail.

These terms and conditions are subject to the French law.

Any dispute shall fall within the jurisdiction of the French courts. The consumer retains the right to bring proceedings before the court for the place where they are domiciled, or any other competent court within the meaning of the Code of Civil Procedure.

19. Contact

If you have any queries regarding these terms and conditions: [email protected].