DigiProjects Lab’s General Terms and Conditions of Sale for Internet Services.

Article 1 – Company identification

SAS DigiProjects Lab

Headquarters: 51 D rue de la Méditerranée, 34070 Montpellier

SIRET: 913.862.595. R.C.S Montpellier

E-mail: digiprojectslab@gmail.fr

Website: www.digiprojectslab.com

Article 2 – Purpose

DigiProjects Lab is a company specializing in consulting and project implementation in the field of new information and communication technologies. The purpose of this document is to define the rights and duties of the Customer in the provision of services related to: research, consulting, organization, design, production, promotion, animation, administration, training and project management in the field of new information technologies (internet, intranet, e-commerce, etc.).

Article 3 – Terms of sale

Any purchase of services marketed by DigiProjects Lab implies full and unreserved acceptance of the general terms and conditions of sale. No special conditions may prevail over our general terms and conditions of sale, unless formally accepted in writing by us. Any contrary condition set by the customer will therefore be unenforceable in the absence of express written acceptance on our part. The fact that we do not avail ourselves, at any time whatsoever, of any of the present general conditions of sale may not be interpreted as a waiver of the right to avail ourselves of any of the said conditions at a later date.

Article 4 – DATA PROTECTION

IMPORTANT NOTE ON RGPD

DigiProjects Lab cannot be held responsible for the customer’s interpretation and use of the RGPD regulations. It is only bound by an obligation of means to assist its customer in making its website compliant. It cannot be held liable in the event that :

• the customer uses external services of which DigiProjects Lab has no knowledge or of which DigiProjects Lab did not initiate the use and/or integration
• the external services concerned do not allow trackers to be deleted or modified
• one of DigiProjects Lab’s suppliers has not complied with its own obligations with respect to the RGPD
• the new data protection regulations were to evolve

The customer therefore hereby acknowledges that the RGPD compliance assistance service offered by DigiProjects Lab in no way exempts it from its own obligations related to the RGPD, and that in any event, it only concerns the compliance of its website and not the other obligations to which it is subject. In particular, it must check with its legal department and/or counsel that DigiProjects Lab’s intervention is relevant and valid in relation to the information available to it.

Article 5 – LIABILITY RELATING TO THE SERVICE

5.1 – DigiProjects Lab’s liability is limited to the website and its content over which it has direct control.

5.2 – DigiProjects Lab cannot be held responsible for links of any kind provided by other service providers.

5.3 – DigiProjects Lab cannot be held responsible for accidental or intentional damage caused by third parties to the customer as a result of the customer’s Internet connection.

5.4 – DigiProjects Lab cannot be held responsible for the loss, theft or distribution of customer access codes for a site managed by the customer.

5.5 – For all creative and hosting orders, DigiProjects Lab reserves the right to refuse text, illustrations and in general any content that is contrary to good morals or in breach of the law.

5.6 – DigiProjects Lab reserves the right to insert a notice on the customer’s site stipulating that it is the author, with the customer’s prior consent.

Article 6 – CUSTOMER’S OBLIGATIONS

6.1 – In the event that the customer provides DigiProjects Lab with information necessary for the execution of the order, such information shall be transmitted in accordance with DigiProjects Lab’s specifications. The website and/or associated services ordered will only be carried out within the timeframe set out in the order once all the information required for this has been received.

6.2 – In the event that DigiProjects Lab provides editorial content such as text, photos and video, whether or not in addition to the information provided by the customer, article 6.3 also applies.

6.3 – As all information has been selected by the customer prior to distribution, DigiProjects Lab cannot be held responsible for its content. Upon acceptance of the order, we assume that the customer is in possession of the copyright and assumes all liability for damages resulting from the infringement of third-party copyrights.

6.4 – DigiProjects Lab cannot be held responsible for the non-operation of all or part of the website in the event of hosting not provided by DigiProjects Lab.

6.5 – The customer understands that DigiProjects Lab remains the sole owner of the rights of reproduction of its Internet creations, resulting in particular from literary and artistic property. Any unauthorized representation or reproduction, even partial, is unlawful.

6.6 – As part of the sale of components or extensions, the Customer is authorized to resell, distribute or transfer, in any form, the files or source code acquired from DigiProjects Lab.

Article 7 – SERVICE PRICES, INVOICING, PAYMENT

7.1 – The prices of the services offered – website creation, domain name purchase, referencing – are those mentioned in the quotation; they are exclusive of tax and are payable in euros according to the following method: 50% on order and 50% on delivery for amounts less than €10,000.00, 60% on order for all other amounts, unless otherwise agreed on the quotation. Prices are guaranteed not to vary when the order is signed, except in the case of force majeure, as specified in article 18.

7.2 – The customer’s signature on the quotation acknowledges payment of the deposit.

Article 8 – OWNERSHIP

In accordance with the law of January 25, 1985, the transfer of ownership of the services invoiced will only be effective upon full payment of the price mentioned.

Article 9 – WEBSITE HOSTING AND MANAGEMENT

9.1 – Services

Customer hosting services are provided by a third-party partner.

The offer of accommodation is necessarily linked to one or more services provided by us. The transfer of DNS to our partner’s server is possible if one or more of our services are linked to it. In all cases, the customer will be able to take note of the administrative and technical information necessary for access to his/her accommodation(s).

9.2 – Liability

9.2.1 – In the event of the failure of this partner, our company undertakes to find and offer you all possible solutions to remedy the situation, but DigiProjects Lab accepts no responsibility for the consequences of this failure, the causes of which cannot be directly attributed to our company.

9.2.2 – Under no circumstances shall DigiProjects Lab be held liable as a result of any action or recourse by third parties, in particular as a result of : information, images, sounds, texts, videos contrary to current legislation and regulations, contained and/or disseminated on the customer’s site(s); defective products sold by the customer through its site(s); infringement of intellectual property rights relating to works disseminated, in whole or in part, on the customer’s site(s); suspension and/or termination of accounts, in particular following non-payment of sums due for the conservation of domain names.

9.2.3 – DigiProjects Lab shall not be liable for any taxes or other charges in connection with purchases made from the Customer Site. The customer accepts full responsibility for all taxes and charges associated with the products sold.

9.2.4 – Due to the characteristics and limitations of the Internet, DigiProjects Lab may not be held liable for, in particular, difficulties in accessing the hosted site due to network saturation at certain times; contamination by viruses of the customer’s data and/or software; malicious intrusions by third parties into the customer’s site; malfunctioning of equipment or lack of know-how on the part of the customer, problems linked to the telephone network or the Internet and/or force majeure; possible misappropriation of passwords, confidential codes and, more generally, any information of a sensitive nature for the customer.

9.2.5 – Using the account

The customer account is strictly personal and can be accessed via a login and a confidential password. The customer is responsible for the use of his login and password. Any connection made using these login and password will be deemed to have been made by the customer. DigiProjects Lab cannot be held responsible for the loss, theft or distribution of login and password information.

9.2.6 – Price of services, Invoicing, Payment

Rental prices and related services are those mentioned in the quotation or order; they are exclusive of tax, payable in euros, in advance and on receipt of invoice. Prepaid rental prices are guaranteed for the period concerned. DigiProjects Lab reserves the right to modify its prices at any time, subject to one (1) month’s notice. In the event of refusal of this modification, the customer must, by registered letter with acknowledgement of receipt, request termination of the present contract before the end of the one (1) month period referred to in article 9.3. Failing this, the new rates will be deemed to have been irrevocably accepted and will be applied to the invoice following expiry of the aforementioned period.

9.3 – Duration, renewal and termination of the contract, suspension

9.3.1 – The contract is concluded for a fixed term agreed with the Customer, starting from the date of its conclusion. The contract is renewed by tacit agreement, for a duration identical to that fixed at the time of its previous conclusion, according to the rates and conditions of DigiProjects Lab at the date of its renewal, unless terminated by one of the parties under the conditions of article 9.3.3.

9.3.2 – The customer will be notified by e-mail, no earlier than 2 weeks and no later than one month before the end of the period authorizing rejection of the renewal.

9.3.3 – Any termination must be made by registered letter with acknowledgement of receipt addressed to : DigiProjects Lab – 51D rue de la Méditerranée, 34070 Montpellier, no later than one (1) month before the end date of the assignment or contract.

9.3.4 – Taking into account article 9.3.2, DigiProjects Lab may terminate its service at any time under this contract without penalty, if the customer does not follow the terms of this contract, including unpaid, DigiProjects Lab reserves the right to charge reinstatement fees. Accounts whose invoices remain unpaid for more than 7 days may have their service interrupted, and all files and email on the account may be rendered unusable. This interruption of service does not release the customer from the obligation to pay current invoices; only a written request to stop the account will be taken into account.

Article 10 – DOMAIN NAME

10.1 – Services

DigiProjects Lab offers to register domain names with the .com, .net and .org extensions, as well as .fr and other extensions available in France, to enable any individual or legal entity to secure ownership of the name(s) of their choice. DigiProjects Lab undertakes to do everything in its power to register the chosen domain name with the appropriate bodies, but does not undertake any obligation of result in this respect. Under this domain name, DigiProjects Lab will put online a standard page, which may not be customized, displaying the domain name.

10.2 – Availability and registration of a domain name

Given the time that may elapse between the search and the registration of the domain name, the indication of the availability of the name in no way constitutes a guarantee that it will actually be registered. The availability of a domain name and its registration do not constitute a guarantee against any claim by a third party to all or part of that name.

10.3 – Customer’s prior acceptance of administrative and technical naming rules, as well as conflict resolution rules

10.3.1 – Each request for registration implies prior and unreserved acceptance of the administrative and technical rules for naming as well as the rules for resolving conflicts that may arise between the owner of the domain name and any third party claiming rights to all or part of this name.

10.3.2 – It is the customer’s responsibility to provide DigiProjects Lab with any supporting documents that may be required for the registration in question, such as a Kbis or the INSEE directory identifier for a .fr level name, or the INPI registration certificate for a .tm.fr level name.

10.4 – Service price, payment

The prices in force are those mentioned on the order form signed and returned by the customer. Prices are exclusive of VAT and are payable in euros on receipt of invoice.

10.5 – Order registration

Registration of the customer’s domain name will only be taken into consideration upon receipt by DigiProjects Lab of the order form duly completed and signed by the customer, accompanied by payment and the necessary supporting documents.

10.6 – Effective date of registration

Registration of the domain name is only effective once the databases of the organizations concerned (Afnic, Internic) have been updated and the DNS has been propagated.

10.7 – Liability for domain name registration

10.7.1 – The customer is solely responsible for the choice of domain name for which registration has been applied for and obtained.

10.7.2 – In no event shall DigiProjects Lab be liable in any way whatsoever for any claims, whether amicable or contentious, that the customer may incur as a result of the registration of one or more domain names.

10.7.3 – The customer agrees to indemnify DigiProjects Lab against any and all claims that may be brought against it as a result of the registration of one or more domain names.

Article 11 – Ordering

Our general terms and conditions of sale apply to all our sales and/or services. By signing the document known as the order form, quotation or sales proposal, the customer unreservedly accepts our terms and conditions of sale and waives any application of his own general terms and conditions of purchase. Our customers’ orders are binding after the statutory cooling-off period or unless otherwise notified by us within a week of receipt of the order form.

Our quotations and purchase orders are valid for one month (30 days).

Article 12 – Time limits

The delivery times indicated are valid only within the limits of DigiProjects Lab’s technical and human capacities to respond to orders. The customer may not require DigiProjects Lab to deliver the order on the agreed date, nor to pay any compensation whatsoever. The customer remains liable for the agreed sum.

Article 13 – Late payment

Any incident and/or delay in payment on the due date will result in the application of a late payment penalty, as provided for by law 92-1442 of December 31, 1992, art. 3-1 al. 3, equal to one and a half times the legal interest rate on the sums due, as well as the invoicing of all the corresponding financial, administrative, formal notice and collection costs, without prejudice to the suspension and/or termination of the present contract.

In the event of a breach by either party of its obligations under the present clauses, not remedied within a period of eight days from the date of the registered letter with acknowledgement of receipt, notifying the breach, sent by the other party, the latter may terminate the contract, without prejudice to any damages to which it may be entitled.

In the event of amicable settlement, receivership or liquidation proceedings, provisional suspension of proceedings, bankruptcy or similar proceedings, the present contract will be terminated automatically, without notice, as from the decision of the competent court.

Article 14 – Taxes

DigiProjects Lab reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.

Article 15 – Information obligation

The customer undertakes to inform DigiProjects Lab in writing of any change in his or her situation (in particular change of address, etc.).

Article 16 – Confidentiality

DigiProjects Lab is bound to respect the confidentiality of all operations it carries out on behalf of the customer. DigiProjects Lab will not make any personal use of the basic data, files and processing results without the customer’s express authorization. In general, any documents or information entrusted by the customer, as well as any reports and documents resulting from their processing by DigiProjects Lab, are treated in the strictest confidence.

Article 17 – Data protection

The customer may exercise his individual right of access and rectification with DigiProjects Lab, in accordance with the provisions of law n° 78-17 of January 6, 1978, for all information communicated within the framework of the order form or training agreement.

The customer is responsible for any declaration to the Commission Nationale Informatique et Liberté (CNIL) relating to the use of its website, unless a service is offered within this framework.

Article 18 – Force Majeure

Our contractual obligations are suspended in the event of fortuitous events or force majeure, such as: theft or destruction of production equipment, total or partial strikes hampering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as interruptions to transport, energy supplies, raw materials or spare parts.

Article 19 – Applicable law and jurisdiction

By express agreement, orders for services are governed by French law. In the event of a dispute with either our suppliers or our customers, the Tribunal de Commerce de Montpellier (34) shall have exclusive jurisdiction.

Article 20 – Miscellaneous provisions

If any clause of these terms and conditions is found to be invalid or unenforceable by virtue of any law or regulation or by an enforceable decision of a court or competent administrative authority, such clause shall be deemed unwritten and the remainder of the contract shall remain in full force and effect.