Preamble
These General Terms and Conditions of Sale aim to govern the terms, conditions, and modalities under which the company Quant Vision provides its services to its clients. These general terms and conditions of sale prevail over the commercial information displayed on the website https://myweboost.com, which may be subject to change at any time and without notice, or over any other conditions set forth in any other document.
Client
The term “client” refers to any legal adult or legal entity seeking the services of Quant Vision. The person or company signing these general terms and conditions of sale, namely the signature accompanied by the phrase “AGREED AND ACCEPTED” on the quote, is responsible for the payment of the invoice, even if it is issued in the name of a third party.
Scope and Application
Quant Vision offers website design services, e-commerce sites, and other services. The client is informed of the general terms and conditions of sale on the quote and can consult them at any time on the Quant Vision company website at the address https://myweboost.com/general-conditions-of-sale/. Consequently, any order placed by the client on behalf of Quant Vision implies unconditional acceptance of these general terms and conditions of sale.
Domain Name and Hosting
The services of creating or redesigning a website are exclusive of domain name purchases. Quant Vision may propose that the client contract with its partner for this, but the client is free to choose their supplier.
Right to Publicity
References
The client authorizes Quant Vision to cite its name and corporate name as well as URL, screenshots of its web pages, as references for the commercial promotion of Quant Vision.
Subscription Product for Showcase Site
By subscribing to a subscription on the MyWeboost site, you declare having read and approved the general conditions which are subject to these terms. As a user of MyWeboost, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any part, complete or incomplete, of the 49€ per month showcase site service offered without express authorization from MyWeboost. Prices, characteristics of the services, and terms of access to MyWeboost services The service offered by MyWeboost is the showcase site product at 49€ per month. The price of the services is as follows: • 49€ per month for a renewable monthly subscription; MyWeboost reserves the right to change its prices at any time; any price change will be communicated to the user by all means (email; publication on the site, etc.). MyWeboost does not offer price reductions outside of those possibly displayed on its website at the time of the user’s subscription.
By subscribing to a subscription on https://myweboost.com (including a free trial period), you confirm having read and accepted our terms of use and authorize MyWeboost to perform automatic billing on your credit card or PayPal account according to the billing period manually selected by you.
As soon as payment is validated, you will have immediate access to all services related to your subscription, until the cancellation date of the subscribed subscription.
Each user has a right of withdrawal of 14 days following the subscription of their subscription on the site www.myweboost.com. All amounts engaged by the user will be fully refunded.
The services offered by MyWeboost are billed in advance each month. No refunds or credits will be granted for partial months of service, nor for months unused with an open user account. In case of difficulties in collection, MyWeboost reserves the right to suspend or terminate the subscription without delay. Late payments will result in the application of late interest at three times the legal interest rate.
Subscriptions to MyWeboost services are automatically renewed at their term, which means that you will continue to be billed until you cancel your subscription. You are solely responsible for canceling your MyWeboost subscription. You can cancel your subscription at any time by visiting the billing section of your profile settings page. A simple cancellation request outside the above procedure will not be taken into account.
If you cancel the service before the end of your current paid period, your subscription will remain active until the next due date.
Refunds are only available after automatic deduction of annual payments (i.e., after the trial and after renewal) within 14 working days following payment.
MyWeboost does not offer refunds in case of prohibition to publish content and interact with others, as your paid subscription and all its data and/or features are still available during such a ban.
Setting Up the E-Commerce Site Contract
Specifications and Quotes
The client is advised to submit a specification of the website they wish to have created and to complete it as detailed as possible. In the case where the client has not provided a specification, the configuration of the site and its functionalities will serve as the specification. Any modification of the specifications will result in the creation of an additional quote.
**Quote**
The quote is provided free of charge by the company Quant Vision, either based on the specifications provided by the client, or from discussions between the client and the company Quant Vision, without any commitment required from the client, except in special cases mentioned in writing in the form of an email to the client, especially when the quote involves research work.
The quote is sent to the client by email in PDF format. Acceptance of the quote implies that the client has a good understanding of this document.
The quote is valid for one month from the date of issue and does not bind the client until they have confirmed acceptance of the offer. After this period, Quant Vision is authorized to modify the price. Prices indicated on the website https://myweboost.com, as well as prices agreed upon verbally, do not bind Quant Vision, unless they have been confirmed by a written offer.
**Intellectual Property**
The client commits to only providing materials for which they hold all intellectual property rights, or to have made all necessary requests in accordance with French law in force.
The client also commits to providing only real and representative documents of their company, and not resources from competitors.
Finally, the client commits to ensuring that the documents present on their website do not infringe on the rights of third parties.
**Payment**
The client commits to paying the total amount due indicated in the quote within twenty days from the date the ordered site is put online through the quote. Quant Vision remains the main administrator of the site until the client has paid the total amount due.
In case of non-payment of the sum due as indicated in the quote within twenty days from the date the site is put online, Quant Vision reserves the right to suspend the site until the total amount due is paid.
**Content Integration**
Quant Vision integrates documents, texts, images, videos, and sounds provided by the client, or by Quant Vision if the quote indicates so.
The client is required to check their texts, images, and documents before sending them to Quant Vision:
– Texts must comply with spelling, grammar, and syntax rules.
– Images must meet the specifications indicated in the signed quote by the client, unless the quote specifies that Quant Vision will handle them.
If the modifications to be made on the contents are too substantial, Quant Vision reserves the right to charge an additional fee proportional to the extra time spent, after notifying the client by email.
In cases where the content is created by Quant Vision, the client is required to carefully review the texts created by Quant Vision before validating them. Upon delivery of the website, if the modifications requested by the client are too substantial, Quant Vision reserves the right to charge an additional fee proportional to the extra time spent, after notifying the client by email.
**Site Installation**
Quant Vision installs the WordPress files and database on the hosting chosen by Quant Vision, unless the client objects.
**Extensions and Plugins**
Quant Vision integrates the necessary modules, extensions, and plugins in accordance with the specifications. Some paid license plugins may be used and are included in the quote. However, it is the client’s responsibility to update the installed plugins once the site is delivered. If the license for some plugins expires, it is the client’s responsibility to pay for a new license, unless Quant Vision manages the site’s maintenance.
**Legal Notices Writing**
Writing legal notices is an additional service. Quant Vision is not required to perform it:
– Legal notices
– Privacy policy
– Cookie policy.
**SEO Implementation**
Implementing SEO is an additional service. Quant Vision is not required to perform it.
**Site Maintenance**
Maintenance is an additional service. Quant Vision is not required to perform it.
**End of Quote**
**Delivery Time and Warranty**
The time taken to complete the service is assessed based on each project. The delivery times indicated on the website https://myweboost.com are provided for guidance only.
Quant Vision commits to respecting the announced delivery time as closely as possible and to regularly inform the client about the progress of the work.
Delivery delays cannot justify the cancellation of the order by the client, nor give rise to the payment of damages.
Quant Vision reserves the right to suspend any order pending client elements and declines any responsibility for delays caused by the client due to late or insufficient transmission of the elements necessary for the completion of the order placed by the client, without this constituting a reason for canceling the order.
**Warranty**
Quant Vision commits to rectifying any operational problems resulting from a defect in design or execution of its services. However, Quant Vision’s warranty obligation is excluded in the following cases:
– Due to improper use by the client.
– Following intervention by the client or a third party other than Quant Vision.
– Due to a lack of maintenance or negligence on the part of the client.
– Following an event corresponding to a non-liability clause in these terms and conditions.
**Warranty Period**
The client has 15 days from the time their website goes online or from the delivery of an ancillary service to activate this warranty in case of observed malfunction.
**Right of Withdrawal**
The Consumer Code specifies: “The right of withdrawal cannot be exercised (…) for contracts for the supply of goods made to the consumer’s specifications or clearly personalized” (Article L.121-18 and following).
The client acknowledges that the creation or redesign of a website constitutes the supply of a personalized good, given the choices made by the client regarding the design, contents, and functionalities of the site. Therefore, under no circumstances can they exercise their right of withdrawal on the creation of a website ordered.
**Right of Withdrawal**
The right of withdrawal is not applicable between professionals.
**Obligations relating to the acceptance of Recurring Payments**
Quant Vision undertakes to:
comply with the rules relating to the storage of personal data or data linked to the use of the Card as defined
CNIL deliberation no. 2013-358 of November 14, 2013;
Ensure that the Payer has consented to his Card data being used to make Recurring Payments
Recurring Payments and, to this end, obtain from the Payer the authorizations and/or mandates necessary for the execution of the payments and keep proof thereof for a period of fifteen (15) months from the date of the last payment
Provide clear information to the Payer on his or her rights, and in particular on the possibility of withdrawing consent at any time; and not to initiate any further payments once the Payer has withdrawn his consent to the execution of the series of payment transactions.
**Rates and Payment**
**Scope of Application**
The client agrees to pay Quant Vision the amount specified in the quote in exchange for the services mentioned in the quote. The client is solely responsible for all sums due under the service contract with Quant Vision.
The client must pay the price according to the specifications on the quote, either by bank transfer to the account of Quant Vision or by check made out to Quant Vision.
Any dispute or reservation concerning an invoice must be notified to Quant Vision within five days of its receipt. Otherwise, the invoice will be considered as definitively accepted by the client, and the corresponding claim will be unquestionable.
**Payment Terms**
**Services**
When the client signs the quote, which serves as a purchase order, they agree to adhere to the following payment terms:
– A 30% deposit at the time of order
– Payment of all sums due on the day the website is finally put online
**Interventions on the Site and Other Services**
When the client signs the quote, serving as a purchase order, they commit to pay in advance, before the execution of the quote corresponding to the work.
**Transfer of Ownership**
The website ordered by the client remains the full property of Quant Vision until the full payment of the corresponding invoice. The transfer of ownership of the website to the client takes place upon the payment of the remaining balance due by the client.
**Late Payment**
Any delay in payment exceeding twenty days from the invoice issue date incurs late payment penalties at an annual fixed rate of 10% of the invoice amount, in accordance with the law.
The start date for the late payment penalties is the day after the due date. The end date for calculating the penalties corresponds to the invoice payment date. The client is required to pay the late payment penalties at the same time as the invoice. Quant Vision is not required to inform the client of the application and exigibility of these penalties, which apply automatically.
Quant Vision reserves the right to suspend the website until full payment of the unpaid invoice without this non-performance being attributable to it.
**Responsibility**
**Scope of Application**
The client is responsible for their website as soon as it goes online. Quant Vision’s responsibility is completely discharged upon delivery of the website.
Once the transfer of ownership has taken place, the client is free to manage the administration and content of their website. The client acknowledges the characteristics and limitations of the Internet, particularly that data circulating on the Internet are not protected, especially against possible misuse.
Quant Vision is not bound by a result obligation, but by a commitment of means. It will perform its services in compliance with the professional standards in use but cannot be held responsible for problems related to hosting, referencing, reliability of data transmission, access times, or loading speed of the website.
**Website Content**
The client is solely responsible for the content of their website. Quant Vision is not responsible for the content of texts, images, documents, sounds, and videos on the site, nor for the information transmitted, disseminated, or collected.
The client is responsible for ensuring they have all reproduction and usage rights for all contents of their website.
The client commits not to violate the law, public order, morals, or the rights of third parties. The client also commits not to use hyperlinks leading users of their website to sites that contravene French laws or could harm Quant Vision’s image. In such cases, the client will be immediately liable for a contractual penalty of three thousand eight hundred euros per violation, this payment not precluding a judicial claim for damages and interest. It is specified that the client must pay the penalty as many times as the number of violations noted. The client will be required to remove any reference to the PROVIDER on their website immediately.
Quant Vision disclaims all responsibility if it turns out that the client has deceived Quant Vision regarding the future content of their site. Quant Vision reserves the right to disclose any information that violates the law to the police and the judiciary.
In case of a claim or procedure against Quant Vision related to the obligations imposed on the client under this contract, the client agrees to take responsibility for this claim or procedure. If Quant Vision’s liability is engaged, the amount of damages and interest that may be claimed from Quant Vision will be limited to the amount paid by the client to Quant Vision.
**Themes and Plugins**
Quant Vision’s creations use software developed by third parties. Any anomalies found within these software are the responsibility of their authors. Quant Vision cannot be held responsible if one of these third-party services is no longer updated or proves to be defective.
Quant Vision disclaims any responsibility for the use of a premium or free theme that is no longer developed and becomes incompatible with the latest version of WordPress. In this specific case, the maintenance of the theme can no longer be carried out by Quant Vision, without entitlement to compensation. However, Quant Vision may offer the client a new quote for the installation of another theme.
The renewal of paid plugin licenses is the responsibility of the client unless they have subscribed to a maintenance offer.
**Indirect Damages**
Quant Vision cannot be held responsible for any financial or commercial damage resulting from partial or total unavailability of the client’s website.
In the context of a maintenance service, it is possible that Quant Vision may need to temporarily suspend the operation of the client’s website. Quant Vision is not responsible for any loss of revenue due to this interruption, and the client is not entitled to any compensation. However, Quant Vision commits to employing all available means to minimize this interruption.
The client is informed that hosting services, network transport operators to the internet world, and general internet-related services are independent of the services provided by Quant Vision. Therefore, in the event of data loss on the servers where the client’s site is hosted, Quant Vision cannot be held responsible. However, Quant Vision commits to employing all available means to secure the client’s website data.
**Inability to Work and Force Majeure**
In the event of inability to work due to illness or accident, Quant Vision is obligated to notify the client on the first working day of its inability. Quant Vision reserves the right to terminate contracts or modify the current schedule in case of inability to work. This situation does not entitle the client to any compensation.
In the event of force majeure, recognized by French jurisprudence and courts, neither party will be held responsible for the non-performance or delays in executing a contract obligation.
Force majeure is an unavoidable event beyond the control of the parties.
**Confidentiality**
The client and Quant Vision are required to keep all the following information confidential:
– Passwords and codes
– All documents and information related to the construction of the site
– Know-how and databases
Both parties commit not to disclose this information to a third party and not to use it outside the needs of the contract.
**Intellectual Property**
The intellectual property of the creations made by Quant Vision within the framework of the quote concluded with the client is transferred to the client once the client has paid all sums due to Quant Vision.
**Applicable Law and Jurisdiction**
French law is the only law applicable to these general terms and conditions of sale. In case of a dispute arising in connection with the contract, any difference related to its interpretation, execution, or validity, and possibly after an attempt to find an amicable solution, will be subject to the exclusive jurisdiction of the Tribunal de Meaux.