Terms and conditions of sale
Definitions
Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Services : SAS Beyrey provides its customers with : https://www.beyrey.fr/
Content: All the elements constituting the information present on the Site, notably texts - images - videos.
Customer information: Hereinafter referred to as "Information (s)" which correspond to all personal data that may be held by SAS Beyrey for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies" (Article 4 of Law No. 78-17 of 6 January 1978).
The terms "personal data", "data subject", "sub-processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
Article 1 - PRESENTATION
BEYREY is an organization providing intellectual services and professional training whose headquarters is located at Alesia, 75014 Paris (France). BEYREY offers audits, programming and integration of tools, training (face-to-face and remote), operational advice, design, development and maintenance of websites through a contract mission. All of BEYREY's services are hereinafter referred to as "BEYREY's technical and commercial proposals" or "Technical and commercial proposals".
Article 2 - PURPOSE
These general terms and conditions of sale (hereinafter the "GTC") apply to all BEYREY technical and commercial proposals relating to orders placed with BEYREY by any professional customer (hereinafter "the Customer"). The fact of placing an order implies full and unreserved acceptance by the Customer of these GTC. Any condition to the contrary, and in particular any general or special condition opposed by the Customer, shall not, unless formally accepted in writing by BEYREY, prevail over these GTC, regardless of the time at which it may have been brought to its attention. The fact that BEYREY does not avail itself at a given time of any of these GTCs shall not be construed as a waiver of the right to avail itself thereof at a later date. The Client shall be responsible for compliance with these GTC by all of its employees, servants and agents. The Customer also acknowledges that, prior to placing any order, it has received sufficient information and advice from BEYREY, enabling it to ensure that the Service Offering meets its needs.
Article 3 - SERVICES INCLUDED IN BEYREY's TECHNICAL AND COMMERCIAL PROPOSALS
3.1 Audits
BEYREY performs website audits to analyze elements related to the technical structure or SEO performance (natural referencing) of the site. BEYREY relies on these audits to propose to the Customer a relevant web strategy.
The results of the audit are presented either verbally during an interview with the Customer or in a document given to the Customer.
3.2 Design and development of websites
BEYREY offers a website design and development service for the Customer, which may include, for example, design, layout, and web development phases. BEYREY may use third party tools for this purpose.
3.3 Website Maintenance
3.3.1 "Dop'Hours" are hours of intervention and annual maintenance on the Customer's website. These hours are at least 2 (two) hours of website management per year, remotely, and may include updating integrated tools, updating the host, resolving problems related to the host or the website creation tool used by BEYREY, creating new pages, new web animations, modifying texts, visuals, structure or any other element related to the modification of the site.
3.3.2 These "Dop'Heure" can be used for training on one of the tools integrated into the site, the Webflow site creation tool, or digital training on the basics of referencing.
3.3.3 Provided that BEYREY takes charge of the Webflow host, website maintenance also includes the administrative management of technical and IT costs related to the client's Internet host (Webflow).
3.3.4 Provided that BEYREY takes charge of the Customer's Webflow host, website maintenance also includes the annual billing to the Customer of the technical and IT costs related to its Internet host. The hosting services offered to the Customer are provided by a third party partner.
3.3.5 Provided that BEYREY takes charge of the Customer's domain name host, website maintenance also includes the annual billing to the Customer of the technical and IT costs associated with its domain name host. The proposed customer hosting services are provided by a third party partner.
3.4 Programming and integration of tools
BEYREY offers programming and integration services for tools offered by third-party providers for the client's website.
3.5 Digital training
BEYREY offers hours of service for digital training in face-to-face and remote, on one of the tools integrated into the site, on the Webflow site creation tool, or a digital training on the basics of natural referencing. The format of this digital training is by default remote, unless otherwise stated in the technical and commercial proposal BEYREY.
Article 4 - CONDITIONS OF PERFORMANCE
4.1 Technical costs
The technical, computer and logistical costs associated with the execution of the missions of the BEYREY technical and commercial proposals (art. 3) shall be borne by the Client and shall in no case be included in the fees, unless otherwise indicated in the proposal.
4.2 Cancellation or postponement
4.2.1 The Client acknowledges and agrees that in order to be taken into account, any postponement or cancellation must be notified to BEYREY in writing (e-mail or registered letter).
4.2.2 Cancellation of services, audits, programming and integration of tools, training, operational advice, design, development and maintenance of websites at the initiative of the Client: the dates are fixed by mutual agreement between BEYREY and the Client prior to the commencement of the service and are firmly blocked. In the event of late cancellation by the Customer of a service session, audit, consulting, programming, integration of site management tools or training scheduled jointly during the current month, compensation shall be due under the following conditions
- Cancellation communicated at least 15 working days before the session: 30% of the fees relating to the service will be invoiced to the Client.
- cancellation communicated less than 15 working days before the session: 50% of the fees relating to the service will be invoiced to the Client.
4.2.3 The Client may request the postponement of one or more hours of services, auditing, consulting, programming, tool integration or training, provided that a written request is sent to BEYREY within 15 days before the date of the training session.
4.3 Validity of service hours
The hours of auditing services, operational consulting, maintenance, design and development of websites, programming and integration of tools and training are valid and can be accumulated over a period of three (3) months only.
4.4 Format of service hours
Audit, operational consulting, website maintenance, design and development, programming and integration of tools and training services will be provided remotely, unless otherwise specified in the quote.
4.5 Non-performance of obligations
In the event of non-performance of its obligations as a result of an act of God or force majeure, BEYREY shall not be held liable to the Client. The latter shall be informed by e-mail.
4.6 - Termination of services
BEYREY may terminate its services at any time under this contract without penalty, if the Customer does not follow the terms of this contract, including the unpaid, BEYREY reserves the right to charge recovery fees. Clients whose invoices are unpaid for more than 7 days may have their service interrupted, and all files and data from services with these clients may be rendered unusable. This interruption of service does not relieve the customer of the obligation to pay current invoices, only a written request to stop the account will be considered.
Article 5 - EXCLUSIONS
The services of the commercial and technical proposals are limited to the conditions mentioned in Article 3 "SERVICES INCLUDED IN THE BEYREY TECHNICAL AND COMMERCIAL PROPOSALS". All services related to :
5.1 The management and technical and computer costs related to the tools integrated by BEYREY into the client's website.
5.5 Management and payment of any other costs related to the client's site, with the exception of the costs of hosting the website and hosting the domain name if they are provided for in the proposal.
Article 6 - DURATION OF BEYREY's TECHNICAL AND COMMERCIAL PROPOSALS
6.1 Period of validity of the audit, design, development of websites, programming and integration of tools
Unless otherwise specified in the offer, the time for completion of BEYREY technical and commercial proposals (Art. 3) may not exceed 6 months from the date of signature of the offer.
After this period of 6 months, the Customer shall enter into a new technical and commercial proposal with BEYREY.
6.2 Duration of website maintenance services
The hours of maintenance presented in the order form are concluded for a period of 1 year from the date of signature of the parties. These hours will then be renewed by tacit agreement unless one of the parties terminates them at the end of the period of 1 (one) year, giving the other party 3 (three) months' notice by registered letter with acknowledgement of receipt.
6.3 Duration of the digital training services
The training hours presented in the order form are valid for a maximum of 6 months unless otherwise specified in the contract.
Article 7 - INVOICING AND PAYMENT
For the realization of BEYREY's technical and commercial proposals provided for in article 3, BEYREY invoices either according to a price per hour of intervention, or at a fixed rate. Technical, computer and logistical costs related to the execution of the missions are at the Client's expense and are in no case included in the fees, unless otherwise indicated in the proposal.
7.1 Methods of placing orders related to BEYREY technical and commercial proposals
The proposal and prices indicated by BEYREY are valid for one (1) month from the date of dispatch of the order form. The technical and commercial proposal is deemed accepted upon receipt by BEYREY of a purchase order signed by any duly authorized representative of the Client, within one (1) month from the issue of the said purchase order. The signature of the purchase order and/or the agreement on proposal implies the knowledge and the irrevocable and unreserved acceptance of the present conditions, which may be modified by BEYREY at any time, without prior notice, and without this modification giving rise to any right to compensation for the benefit of the Client.
7.2 Invoicing and payment related to BEYREY technical and commercial proposals
7.2.1 All prices are in Euros and exclusive of tax. They will be increased by the VAT at the current rate. Any taxes, customs or import duties as well as bank charges incurred by the method of payment used shall be borne by the Customer. The travel expenses of the consultant(s) or the trainer(s) as well as the expenses of room rental, documentation and rental of standard equipment (video projector, software, simulation equipment, ...) are invoiced in addition or notified on the technical and commercial proposal.
7.2.2 Payment Unless otherwise agreed, payments will be made on the following terms:
- Cash payment must be made by the Customer within 30 (thirty) days of the invoice date;
- the payment is accepted by bank transfer (to the order of BEYREY whose banking coordinates appear on the Purchase Order, and accompanied by the references of order);
- no discount will be applied in case of payment before the due date, unless otherwise indicated on the invoice.
Any sum not paid on the due date will automatically and without prior notice lead to the application of penalties equal to one and a half times the legal interest rate, as provided for by law 92-1442 of December 31, 1992, art. 3-1 al. 3. BEYREY will have the right to suspend the service until full payment is made and to obtain payment by legal means at the Client's expense, without prejudice to any other damages which may be owed to BEYREY
7.3 Billing and payment for website maintenance services
The website maintenance services provided for in Article 3.3 are to be paid by the Customer on an annual basis from the date of signature of the order form.
These payments are renewed by tacit agreement unless one of the parties terminates them at the end of the 1 (one) year period, by giving the other party a 3 (three) month notice by registered letter with acknowledgement of receipt.
Article 8 - LIMITATIONS OF LIABILITY OF BEYREY
8.1 All technical and commercial proposals BEYREY
8.1. 1 BEYREY cannot be held responsible for any technical failure of the material, tools, solutions, any misuse of the training module(s) by a third party or any cause beyond BEYREY's control, in particular due to : information, images, sounds, texts, videos contrary to the legislations and regulations in force, contained and/or diffused on the customer's site(s); defective products that the customer has sold through its site(s); violation of intellectual property rights relating to the works diffused, in full or in part, on the customer's site(s); suspension and/or termination of accounts, in particular following non-payment of the sums due to the conservation of domain names.
Whatever the type of service, BEYREY's liability is expressly limited to the compensation of direct damages proven by the Client. BEYREY's liability is limited to the amount of the price paid by the Client for the service concerned. In no case, BEYREY's liability will be engaged for indirect damages such as loss of accounts, data, file(s), operating loss, commercial prejudice, loss of profit, damage to image and reputation
8.1.2 BEYREY is not liable for any taxes or other charges in connection with purchases made from the customer site. The customer accepts to take full responsibility for all taxes and charges of any kind associated with the products sold.
8.2 In addition for the maintenance of the website
In addition to the limitations of liability set out in Article 8.1, there are specific limitations for website maintenance services.
Provided that BEYREY takes care of the hosting of the Customer's website or domain name, and in the case of the failure of our partner (host), our company undertakes to find and propose to you all possible solutions to remedy the situation, but BEYREY disclaims all responsibility for the consequences of this failure, the causes of which cannot be directly attributable to our company
Due to the characteristics and limits of the Internet, BEYREY cannot be held responsible for, in particular, difficulties in accessing the hosted site due to the saturation of the networks at certain periods; contamination by viruses of the customer's data and/or software; malicious intrusions by third parties on the customer's site; malfunctioning of the customer's equipment or lack of know-how, problems linked to the telephone network or to the Internet and/or in the event of a case of force majeure; possible misappropriation of the customer's passwords, confidential codes and, more generally, of any information of a sensitive nature.
8.3 Use of accounts
Customer accounts are strictly personal and are accessible by confidential logins and passwords. The customer is responsible for the use of his logins and passwords, any connection made using these logins and passwords will be deemed to have been made by the customer. BEYREY will not be responsible for the loss, theft or diffusion of logins and passwords.
Article 9 - FORCE MAJEUR
BEYREY ne pourra être tenue responsable à l’égard du Client en cas d’inexécution de ses obligations résultant d’un événement de force majeure. Sont considérés comme cas de force majeure ou cas fortuit, outre ceux habituellement reconnus par la jurisprudence des Cours et Tribunaux français et sans que cette liste soit restrictive : la maladie ou l’accident d’un consultant ou d’un formateur, les grèves ou conflits sociaux internes ou externes à BEYREY, les désastres naturels, les incendies, la non obtention de visas, des autorisations de travail ou d’autres permis, les lois ou règlements mis en place ultérieurement, l’interruption des télécommunications, l’interruption de l’approvisionnement en énergie, interruption des communications ou des transports de tout type, ou toute autre circonstance échappant au contrôle raisonnable de BEYREY.
Article 10 - INTELLECTUAL PROPERTY
BEYREY is the sole owner of the intellectual property rights of all the training courses it offers to its Clients. To this end, all the contents and teaching aids, whatever their form (paper, electronic, digital, oral, etc.) used by BEYREY to provide the training courses, remain the exclusive property of BEYREY. As such, they may not be used, transformed, reproduced or exploited in any way that is not expressly authorized within or outside the Client without the express agreement of BEYREY. In particular, the Client is forbidden to use the content of the training courses to train people other than its own staff and will be held liable on the basis of articles L. 122-4 and L. 335-2 and following of the intellectual property code in the event of unauthorized transfer or communication of the content. Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the contents of BEYREY's trainings, are strictly forbidden, and this whatever the process and the support used. In return for the payment of the corresponding price, the modules are the object of a personal, non-transferable and non-exclusive right of use for a period limited to one year as from the training dispensation. In any case, BEYREY remains the owner of its tools, methods and know-how developed before or during the execution of the services for the Client.
Article 11 - CONFIDENTIALITY
The parties undertake to keep confidential all information and documents concerning the other party of any nature whatsoever, whether economic, technical or commercial, to which they may have access during the execution of the contract or during exchanges that took place prior to the conclusion of the contract, in particular all the information appearing in the commercial and financial proposal transmitted by BEYREY to the Client. BEYREY undertakes not to communicate to third parties other than its affiliated companies, partners or suppliers, the information transmitted by the Client, including information concerning Users.
ARTICLE 12 - COMMUNICATION
The Client agrees to be named by BEYREY as a client in its technical and commercial proposals, at BEYREY's expense. Subject to the respect of the provisions of article 11, BEYREY may mention the name of the Client as well as an objective description of the nature of the services, object of the contract, in its lists of references and proposals to its prospects and clients, in its discussions with third parties, in its communications to its personnel, in its internal management planning documents, in its annual report to the shareholders, in a portfolio and on its website as well as in case of legal, regulatory or accounting provisions requiring it.
ARTICLE 13 - PROTECTION OF PERSONAL DATA
The Client undertakes to inform each User that :
- personal data concerning him/her are collected and processed for the purpose of improving the BEYREY offer and for the follow
-up of the validation of the service carried out in accordance with the order
- the connection, the training course and the follow-up of the Users' knowledge are data accessible to its services;
- in accordance with the law n° 78-17 of January 6, 1978, the User has a right of access, modification, rectification of personal data concerning him and that for this purpose, an online request specifying the identity and the electronic address of the applicant can be addressed to BEYREY.
The Client is responsible for the conservation and confidentiality of all data concerning the User to which it has had access. BEYREY will keep, for its part, the data related to the evaluation of the knowledge acquired by the User, for a period not exceeding the time necessary for the assessment of the training.
Within the framework of certain services, in particular for website maintenance services
14 APPLICABLE LAW - JURISDICTION
The present general conditions are governed by French law. In the event of a dispute arising between the Client and BEYREY during the execution of the contract, an amicable solution will be sought and, failing this, the settlement will be the responsibility of the Commercial Court of PARIS.