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General Terms and Conditions of Sale "A.M.O. s.r.l."

DEFINITIONS

General Terms and Conditions : Refers to these general terms and conditions

Contract : Refers to the legal agreement resulting from the signed Order Confirmation or offer, the General Terms and Conditions and, where applicable, the Special Terms and Conditions.

Term : Refers to the period of validity of the services, as defined in the offer or order confirmation

Services : Refers to the services ordered by the Client in the signed offer or the Order Confirmation.

Client : Refers to the client designated in the signed offer or order confirmation.

The Provider refers to "A.M.O. s.r.l."

Parties : Refers collectively to "A.M.O. s.r.l." and the Client.

PURPOSE AND SCOPE

The general terms and conditions of sale set out below detail the obligations and rights of "A.M.O. s.r.l." and its clients in connection with the provision of the following services:

  • the creation of a website
  • the management of website hosting
  • the provision of a support service
  • the search engine optimization of a website
  • content creation

These general terms and conditions of sale apply between "A.M.O. s.r.l." and the Client. Full and unreserved acceptance of the General Terms and Conditions, and where applicable the applicable Special Terms and Conditions, is deemed to be given by the Client as soon as the Client has handed over in person or sent by email to "A.M.O. s.r.l." the order confirmation or offer signed by the Client. "A.M.O. s.r.l." reserves the right to modify all or part of the General or Special Terms and Conditions at any time and will notify the client of such a change. The contractual documents rank in the following order of precedence: the Offer, the Special Terms and Conditions, and these GTC. In the event of contradiction between them, the contractual documents prevail over one another in the order indicated above.

ORDER & SERVICES

The services offered by "A.M.O. s.r.l." are grouped under various tailor-made offers. The parties agree on the terms best suited to the client's needs, and the duration of the contract is specified on the order form. The information provided by the client to complete the offer or order confirmation must be accurate, up to date and complete. The order form must be signed by the client and sent by email or post to "A.M.O. s.r.l.", where applicable accompanied by the deposit paid by bank transfer or by card on the "A.M.O. s.r.l." website. "A.M.O. s.r.l." reserves the right to refuse the Client's subscription to the Services, in particular if it considers that the client's activity – commercial or otherwise – is contrary to applicable standards and regulations or to public morals, or for any other legitimate reason.

TRANSLATIONS

Foreign-language translations included in the offer from "A.M.O. s.r.l." are understood, unless otherwise specified in the offer or order confirmation, to cover up to a maximum of 2000 words per language (texts supplied in French by the client or produced by "A.M.O. s.r.l.")  For any translation service exceeding 2000 words to be translated, the excess to be translated will only be possible as part of an additional order. Each translation corresponds to the number of pages to be translated included in the pack. Adding pages may result in additional translation costs. All translations are considered interpretations, the meaning of which may vary depending on each person's interpretation. The provider's liability cannot be called into question in the event of a dispute arising from a translation, the client acknowledging having validated the entire website before it goes live.

CREATION PROCESS

Once the offer has been accepted, "A.M.O. s.r.l." builds the graphic base of the website, which the client can view via a private link made available to them. If the proposed graphic base does not suit the client, the client will have a period of 7 days from actual receipt of the private link to state their reasoned refusal, failing which the graphic proposal will be considered accepted. Any refusal or request for modification of the graphic base by the client may only be based on reasonable grounds. The client accepts that if the site base – or any other graphic creation from the order (logo, business cards…) – despite complying with the site integration requirements mentioned in the offer or order confirmation, has not been approved by the client after the 3rd graphic proposal made to them, "A.M.O. s.r.l." may cancel the order for the Services. In such a case, the Client will not be entitled to a refund of amounts paid or to payment of any compensation.

When the website is created, the content of each page created is understood to include up to 10 modules per page. (a module = a block of text, a photo, a video, a photo gallery, an interactive map, a form, etc…).

In the case of creating an online shop, the first 20 products will be integrated, with the client handling the creation of additional products via the site's interface, to which they will have access and on which they will have been trained. If not specified, the maximum number of pages delivered with a site is 15.

Beyond that, additional hourly billing may apply.

MAINTENANCE OF SERVICES (if hosting option subscribed)

Although this is a rare occurrence, "A.M.O. s.r.l." reserves the right to temporarily interrupt service for reasons of planned maintenance, improvement or update, without being bound by any guarantee or compensation and/or damages of any kind towards the Client. In such a case, the provider undertakes to restore the services as quickly as possible.

Maintenance of the services involves risks regarding the preservation of the website's data, in particular the database, and all of the client's documents and  files. Although "A.M.O. s.r.l." makes every effort to ensure the proper conduct of website maintenance, the client acknowledges that they are not immune to an error resulting in the total or partial loss of their data stored on their website. The client confirms that they keep backups of all the content, database and files of their website, either through their hosting provider or by themselves, in order to be able to restore the data should such a case arise.

COMMITMENTS OF THE PARTIES

The client undertakes to:

  • Comply with the web hosting provider's charter.
  • Publish on their site the legal notices appropriate to the service offered.
  • Not copy, reproduce, imitate, assign or transfer rights to any software made available to them
  • Be solely responsible for the information published on their website.
  • Pay the price agreed in the contract upon delivery of the service, then annually or monthly in advance if there is a subscription or continuity of hosting, domain name or maintenance services.

"A.M.O. s.r.l." undertakes to:

  • Keep administrator access to the website for the duration of the contract
  • Inform the client of any difficulties – if any and of which it becomes aware – that arise and take the necessary steps to restore access to the site as quickly as possible.
  • Provide responsive technical and editorial support, by email or phone, throughout the duration of the " support " contract – if provided for in the contract –  by default (if not specified in the order) within the limit of the number of hours corresponding to the monthly support rate multiplied by 12, then divided by 70 (hourly support rate under the monthly plan).

ORDER MODIFICATION & AUTOMATIC RENEWAL

At the end of their initial term, all monthly-billed contracts are tacitly renewed for a term equal to the initial term (unless otherwise stated in the offer), under the pricing conditions set out in the offer or order confirmation (unless otherwise stated in the offer). For any request to modify or terminate the contract, the client must first inform "A.M.O. s.r.l." by email and then by registered letter, no later than 60 days before the contract expires for a contract with an initial term of 12 months, and 90 days before the contract expires for a contract with an initial term of 24 months or more. If no term is mentioned in the offer or order confirmation, the initial term is 12 months for any monthly-billed contract.

TIMEFRAMES: The timeframe for making the website available, as indicated on the offer, is given for information purposes only. This timeframe is estimated on the basis of the client validating, within 3 business days, the various creation stages submitted by the provider, and validating the first proposed mockup. If the mockup is refused, each new mockup proposed to the client extends this estimated timeframe by 14 business days.

Any " reasonable " delay (less than 30 days), as well as any delivery delay arising from the client's clear lack of response or validation, cannot give rise, in the client's favor, to the award of damages or to cancellation of the order.

The website creation process (from order to going live) may not exceed 100 business days (unless otherwise stated). Once the hundred-day period has been reached and despite the site being up to date with the requested changes, or in the total absence of a response from the client within 20 business days to a request from the provider, the provider may demand and debit all amounts due at the time the website goes live, using the payment methods authorized or used by the client for other payments.  This includes all subscribed options and monthly packs.

In the event of a defect in the implementation of the services, the client must state all necessary reservations by email. Complaints regarding an apparent defect or non-conformity of a service provided must be made in writing by registered letter within seven days of the service being made available.

WITHDRAWAL PERIOD

The client undertakes to inform "A.M.O. s.r.l" of any change to their contact details.

The client has a 14-day right of withdrawal from the date the contract is signed, by sending "A.M.O. s.r.l" an unambiguous statement clearly setting out the decision to withdraw

RATES

"A.M.O. s.r.l." reserves the right to modify its rates at any time. Unless otherwise specified in the offer. The base hourly rate is €70.00 excl. VAT. The rate for ordering an additional domain name is €2.00 excl. VAT/month, with a 12-month commitment.

Training on the user interface, provided upon delivery of the website (if included in the order), is limited to sixty minutes, in a single session. Any additional training, or training time beyond sixty minutes, may give rise to additional billing based on the hourly rate.

PAYMENT TERMS

Invoices must be paid by the due date indicated on the invoice (30 days maximum if not otherwise stated). For payments for customized and monthly service packs, payment is made monthly at the start of each month.  Monthly-billed contracts bind the client for the stated term and then for the same term after each renewal.

Payments are made:

  • By automatic monthly payment via bank transfer or direct debit
  • By bank transfer

PAYMENT DEFAULTS

In the event of total or partial non-payment of services invoiced by "A.M.O. s.r.l.", a formal notice to pay will be sent. Each reminder sent by registered letter is invoiced at €20.00.  Non-payment of one monthly installment may trigger payment of all remaining contractual monthly installments. An unpaid payment may be debited from the client's account without prior notice. Any invoice remaining unpaid thirty days after the due date will result in the suspension or cancellation of all services related to the order. The client must then pay "A.M.O. s.r.l." the amounts due as well as a late payment penalty equal to 3 times the legal interest rate in force, before the site is republished or services are restored, if they were suspended due to non-payment.

This penalty is calculated on the amount remaining due and accrues from the invoice due date.

Special terms for services performed directly at the client's premises (changes during a meeting, service or training): except in cases of force majeure (a significant natural disaster or major incident at the premises), any cancellation by the client less than 48 hours before the date of the service will incur cancellation fees equal to 50% of the total rate for the services that would have been performed at the client's premises, including travel costs.

CONFIDENTIALITY

The client is solely and entirely responsible for the passwords necessary to use the services

The transmission of login credentials and passwords is considered confidential. Any suspected disclosure, whether intentional or not, of the passwords provided is the sole responsibility of the client, to the exclusion of "A.M.O. s.r.l.".

LIABILITY

Although "A.M.O. s.r.l." undertakes to make every effort to ensure the IT security of its client's website, the entity disclaims any liability for any unlawful or fraudulent use of the passwords made available to the client.

The client assumes full responsibility, at all times, for all elements published on their website, in particular texts, photos, any document, artistic work, graphic charter, logo that may be subject to copyright. "A.M.O. s.r.l." cannot under any circumstances be held liable for unauthorized content, even when the item in question was published by "A.M.O. s.r.l.", the client declaring having reread, verified and accepted the content before it went live and to regularly check their website to verify the compliance and relevance of the content.

The website creation offer from "A.M.O. s.r.l." allows the client to obtain a website, as part of a purely technical service, with no obligation of result.

As such, "A.M.O. s.r.l." cannot be held liable for the commercial effectiveness of the Website. Thus, "A.M.O. s.r.l." cannot be held liable for the number of visits to the website, its commercial profitability, or its ranking on search engines.

"A.M.O. s.r.l." shall in no case be liable for a delay arising from causes beyond its control, such as in particular: lack of cooperation from the client, delay, incompleteness or non-conformity of the information or documents to be provided by the client, any malfunctions at the web hosting provider, or weather conditions for photographs or videos taken by "A.M.O. s.r.l." for the needs of the site. The client acknowledges having reviewed, prior to placing any order, the portfolio of work by "A.M.O. s.r.l.", to get an overview of the provider's artistic style. The artistic outcome of any service cannot be considered a valid ground for dispute.

The liability of "A.M.O. s.r.l." cannot be engaged if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of article 5.226 of the Civil Code

It is entirely the client's responsibility to terminate their contract in a timely manner with their former or current provider in order to recover the domain name, web hosting and/or emails.

In the event of a refusal to transfer the domain name or any other complication in the transfer on the part of the former provider, "A.M.O. s.r.l." cannot be held liable for the failure of the operation. All amounts stated in the contract to which the client has committed will remain due. However, in such a case, a new domain name may be ordered by "A.M.O. s.r.l." – at no additional cost – in order to launch the site.

In the case of a service for a client wishing to use a hosting service other than that of "A.M.O. s.r.l.", the provider cannot be held liable for the failure of a website migration to the HTTPS protocol resulting from incompatibility with the client's host or a conflict between the client and any entity blocking the completion of such an operation. Any request made to an external provider on behalf of the client (e.g. : request for search engine optimization, addition/removal of a link to the site) does not imply liability on the part of "A.M.O. s.r.l." in the event of failure or refusal by that provider.

During a domain name transfer, the email accounts linked to the domain (following the indicative pattern :   @thedomainname.extension)  are copied, deleted, recreated and the content then reinserted. This procedure involves risks. Although "A.M.O. s.r.l." takes all necessary measures to ensure the operation runs smoothly, it is the client's responsibility to also back up their emails on their end before the transfer. "A.M.O. s.r.l." cannot be held liable for the loss of emails or the loss of the email service resulting from a transfer or the update of an email solution.

In the case of delivery of a photography or videography service, all persons appearing in the videos and/or photos were recruited by the client, who bears the entire responsibility for their publication, in particular the rights that would arise from the use of their image.

The implementation of free Google booking links (Google Hotel Booking Links), (where applicable) implies an obligation of means and not of results on the part of the agency. The submission of the client's accommodations to Google does not ultimately guarantee that the client's accommodations will appear on the search engine, this final decision remaining the responsibility of the search engine. The implementation of these links is only possible using the engine offered by "A.M.O. s.r.l.".

Certain ancillary services sometimes sold with the website -  notably enabling the synchronization of accommodations – are developed and offered by subcontractors of the agency. Although the agency undertakes to do everything possible to ensure the proper functioning of these modules, "A.M.O. s.r.l." cannot be held liable for the malfunction of one of these elements, where such a malfunction is due to a problem at the subcontractor beyond the agency's control. This includes non-liability for the total or partial loss of data resulting from such a malfunction.

HOSTING

Hosting refers to the technical resources and means made available to the client enabling them to publish and operate one or more websites. This involves the annual rental of disk space on the host's server. "A.M.O. s.r.l." cannot be held liable for defects related to the server on which the client's site is hosted.

"A.M.O. s.r.l." subcontracts hosting services to the company OVH, SAS with capital of €10,059,500  RCS Lille Métropole 424 761 419 00045, Registered office: 2 rue Kellermann – 59100 Roubaix – France, as well as to the company Infomaniak Network SA, Rue Eugène-Marziano 25, 1227 Geneva – Switzerland, Business ID & VAT No.: CHE-103.167.648. Other hosting providers may be used if the order and conditions so provide.

The Parties agree that since networks may have unequal transmission capacities and their own usage policies, no one can guarantee the proper functioning of the internet network as a whole.

SEARCH ENGINE OPTIMIZATION, ADVERTISING

Search engines allow internet users to find the address of a site that interests them. The webmaster's task consists of a manual submission to the main search engines (Google, Yahoo, AltaVista…) as well as, where applicable, to a number of directories, and of placing in the page source code a number of keywords enabling search engines to index the site. They cannot be held liable for the reactions of these companies. This is, for "A.M.O. s.r.l.", an obligation of means and not of results. "A.M.O. s.r.l." cannot guarantee the actual presence of the client's site in search engines and directories. "A.M.O. s.r.l." may use sponsored links in order to optimize search engine ranking for its client.

COMMERCIAL REFERENCES

The Client authorizes "A.M.O. s.r.l." to name them among its commercial references, in particular on its site, as well as to reproduce and distribute distinctive signs or the site on any medium of its choice for self-promotional purposes.

RETENTION OF TITLE CLAUSE

"A.M.O. s.r.l." retains ownership of the websites created and domain names created or managed, until full payment of their price as well as the price of any other option(s) associated with the order, in principal and interest. In the event of non-payment of the price by the agreed due date, "A.M.O. s.r.l." may repossess them; the sale will be automatically terminated should "A.M.O. s.r.l."  see fit, and the deposits already paid will remain its property in consideration of the buyer's use of the website.

COMPETENT COURT

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is governed by Belgian law. Failing an amicable resolution, the dispute will be brought before the Commercial Court of Brussels.