Legal notice

Legal notice

SITE EDITOR

NEXIZE
SARL with capital of 45,000
– RCS Nanterre 513 141 8
79 121 rue d'Aguesseau 92100 BOULOG
NE E-mail: contact@nexize.com  

EDITOR 

Christian Leveneur  

ACCOMMODATION 

OVH 

SAS with a capital of 10,059,50
0 – Head office: 2 kellermann Street – 59100 Roubaix – France 

 INFORMATIC – LIBERTÉS 

In accordance with the Computer, Files and Freedoms Act of January 6, 1978, you have the right to access and correct your personal data. You can exercise this right online. You can also write to us at: Nexize – Compute
r Science – Freedoms – 121 rue d'Aguesseau 92100 BOULOGNE  

Copyright 

The texts and graphic elements on this site are the exclusive property of Nexize.
They are works and are protected as such by all intellectual property rules.
Nexize reserves the right to edit or correct the content of this site at any time, without notice

 

 

General terms and conditions of sale 

NEXIZE SARL, the holder of the NEXIZE brand, with a capital of 8000 euros, registered under the number 513 141 879 RCS Nanterre, headquartered 121 rue d'Aguesseau 92100 BOULOGNE-BILLANCOURT ('NEXIZE').

The customer is the natural or legal person identified as such on the order voucher addressed to him by NEXIZE (the "CLIENT").

NEXIZE is a consulting, development, digital marketing and training company. NEXIZE's services are intended to assist the CLIENT in implementing digital marketing strategies, in the development of websites and applications, in the management of online communities and in the production of content. 

These terms and conditions associated with the order voucher (s) represent all the contractual stipulations between NEXIZE and the CLIENT. The General Terms prevail over all general terms of purchase, sale or specific documents specific to the CLIENT (such as prospectuses, catalogues, presentations, etc.). 

The Terms And Conditions of Order form a contract between NEXIZE and the CLIENT. 

ARTICLE 1 – OBJECT 

The purpose of the Terms and Conditions is to establish the terms and conditions under which NEXIZE will provide the CLIENT with the services requested by the CLIENT in one or more purchase orders ('Service Benefits'). 

ARTICLE 2 – DURATION 

The Terms and Conditions apply for the duration of the Reference Period, as indicated in the purchase order. During this Reference Period, several purchase orders can be signed between NEXIZE and client. 

ARTICLE 3 – OFFER VALIDITY – COMMANDE PRISE 

NEXIZE sends the CLIENT, at the request of the client, a purchase order, to which is attached the current rate of Services Benefits. 

The purchase order stops the service offers that NEXIZE offers to the CLIENT. 

Unless express agreement between the parties, any quote proposed by NEXIZE to the CLIENT in the purchase order is valid for 15 days from its issue date. The signing of the quote by the CLIENT, or the acceptance of the quote by a letter (including e-mail) of the CLIENT, makes the order firm and final. The date for signing the quote or accepting the order is referred to as the "Contract Date." 

Rates are expressed in tax-free euros. 

ARTICLE 4 – NEXIZE ENGAGEMENTS 

NEXIZE undertakes to provide the CLIENT, within the agreed time frame, with the services specified in the purchase order. 

NEXIZE is committed to implementing the human resources necessary to carry out the Service Benefits. The CLIENT acknowledges that NEXIZE is only required by means. The CLIENT also recognises that its cooperation is essential to the smooth running of the Service Delivery 

NEXIZE will not be held liable for any delay or non-performance of Service Benefits where the cause of the delay or non-performance is directly or indirectly the result of non-existent, insufficient or deficient cooperation of the CLIENT or, where the CLIENT's requests, by their frequency, number or amount of work, are. would exceed the reasonable limits of 3 requests for changes per step to the project.

Without prejudice to the provisions of Article 7 below, the client expressly accepts that NEXIZE cannot be held liable for the direct and/or indirect, material and/or immaterial damages that occurred during the implementation of the favor. 

If applicable, the cumulative amount of damages and any other compensation or convictions that the CLIENT may claim against NEXIZE is capped at the price paid by the CLIENT to acquire the Service Benefits (s) resulting in NEXIZE' impeachment. 

ARTICLE 5 – PRICE

The CLIENT agrees to pay NEXIZE, in accordance with Article 6, the amounts indicated in the purchase order. 

ARTICLE 6 – TERMS OF PAYMENT – DEFAULT 

6.1 The purchase order sets out the fare conditions for the Service Benefits. Unless the Parties have agreed otherwise, any order from the CLIENT results in a 50% down payment on the order. All invoices must be paid by the CLIENT no later than 30 days from the billing date. The payment is accepted by cheque, draft, bank transfer or postal transfer. All invoices are payable at NEXIZE's head office. No discount will be applied in the event of a settlement before the due date, unless there is a different mention on the invoice. 

6.2 By express agreement, the failure to pay a maturity entails as of right and without prior notice: 

  • The immediate dues of all remaining amounts due, for all orders placed by the same CLIENT;
  • computation and the requirement of a late interest equal to the interest rate of the European Central Bank (ECB) for its refinancing operations, plus 10 points, without the need for a recall, under Article 53 of Law No. 2001-420 May 15, 2001. Interest is capitalized under the terms of Article 1154 of the Civil Code
  • the lump sum allowance for recovery costs of 40 euros, provided for by Law No. 2012-387 of March 22, 2012;
  • Suspension of all current Service Benefits, regardless of their nature and/or levels of advancement. If applicable, ownership and, if applicable, activation codes for websites, blogs or other creations and development ordered from NEXIZE will only be forwarded to the CLIENT after full payment of all current orders. 

ARTICLE 7 – RESPONSIBILITY 

NEXIZE cannot be held liable in the event of force majeure and/or fortuitous cases preventing it from performing its obligations normally. The Parties expressly agree to attribute to the following events the effects of force majeure, even if they do not have the legal character of force majeure or the fortuitous case: fire, explosion or water damage occurring in the THE premises of NEXIZE or CLIENT, work stoppage of any kind for NEXIZE or its suppliers, lockout, flood, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, legal moratorium, prince, theft of all or part freezing, lack of fuel or electrical energy, interruption or delay in transport or postal services and telecommunications, impossibility or difficulty in importing or exporting, or impeding internal economic regulation authority. 

The CLIENT expressly acknowledges, and accepts, that NEXIZE is bound by a mere obligation of means under all of its obligations arising from the Terms and Conditions. 

NEXIZE assumes no responsibility for, among other things, the financial or commercial, indirect damages resulting from the client's implementation of the services provided by NEXIZE, such as loss of earnings, increased costs disruption of planning, loss of profit, customer base or expected economy, etc. 

Except in cases of gross or intentional misconduct, NEXIZE's overall liability to the CLIENT under the Terms and Conditions, regardless of its legal basis, cannot exceed the amounts already paid by the CLIENT under the current order. 

The CLIENT acknowledges that it is the only one capable of predicting and quantifying the harm that may be suffered by the CLIENT in the event of difficulties arising in the context of the implementation of the General Terms, the terms and conditions of which (including financial terms) have were ordered in view of NEXIZE's limitations and exemptions from liability. Accordingly, the CLIENT recognizes and accepts that it has a responsibility to insure against all risks that only it deems appropriate in view of its particular situation and under the terms of the Terms and Conditions. 

ARTICLE 8 – INTELLECTUAL PROPERTY 

In accordance with the stipulations of the Intellectual Property Code, all intellectual property rights including copyrights relating to the services provided to the Client by NEXIZE in the execution of one or more purchase orders, and no expressly granted to the Customer by NEXIZE, remain the full property of NEXIZE or, if applicable, the property of third parties who have authorized NEXIZE to use them, the names, marks, signs and/or logos of NEXIZE protected by property rights cannot be reproduced, imitated without the express consent of NEXIZE 

ARTICLE 9 – CONFIDENTIALITY 

The Parties undertake to preserve the confidentiality of any document and information, of any kind, economic, technical, commercial or otherwise, relating to the other Party, its products or activities, to which it would have access to the general conditions, which would not be in the public domain, unless the Party had prior and express authorization. NEXIZE reserves the possibility to communicate to its employees, employees or co-contractors any information relating to the CLIENT that is not in the public domain, if such communication is necessary or desirable for the execution by NEXIZE of its obligations resulting from the Terms and Conditions, with the understanding that NEXIZE will bring to the attention of these persons the confidentiality of such information. This section will remain in effect for three (3) years after the terms and conditions expire.

ARTICLE 10 – INFORMATIC AND FREE 

The CLIENT expressly acknowledges, and accepts, that NEXIZE collects and archives information about neXIZE. The information thus collected is mandatory to enable the management of the General Terms. This information is only intended for NEXIZE, which is responsible for the processing. The CLIENT may at any time exercise its right of access, amendment and opposition under the conditions of the law of January 6, 1978 amended by the law of August 6, 2004 with NEXIZE, at the address contained herein. The right of access and rectification is exercised exclusively by a recommended letter to NEXIZE computer science and freedom – 121 rue d'Aguesseau 92100 BOULOGNE. 

ARTICLE 11 – MISCELLANEOUS 

11.1 Unless neXIZE has obtained prior and written permission, the CLIENT will not be able to transfer the benefit of these to any individual or legal person of his choice. NEXIZE reserves the right to cede the benefit of these to any legal entity of its choice, without notice. 

11.2 As part of the implementation of the Terms and Conditions, NEXIZE will be free to entrust the performance of certain tasks to partners or subcontractors. 

11.3 The CLIENT fully authorizes NEXIZE to publicly use its name, names, marks, signs and/or logos as a commercial reference from the entry into force of the Terms and Conditions. If the CLIENT does not wish that its name can be or be used by NEXIZE as a business reference, the CLIENT must inform NEXIZE in writing. 

11.4 The Terms and Conditions and the Order Voucher express the full obligations of the Parties. NeXIZE's failure to avail itself of a breach or failure to comply with any of its obligations or any other breach by the other Party of any obligations under the Terms and Conditions cannot be construed as a waiver of the obligation in question or the rest of the terms of the Terms and Conditions. Similarly, any delay or omission by NEXIZE in the exercise of its rights and prerogatives under the General Terms cannot be construed as any waiver of the benefit of those rights and prerogatives. 

11.5 The Terms and Conditions of Order are completely and exclusively the full terms of the agreement between NEXIZE and the CLIENT and cancel and replace negotiations, proposals, communications, declarations and prior oral or written commitments between the Parties as to the purpose of these. 

11.6 In the event that one of the terms of the Terms and Conditions is declared null and void, this clause will be deemed unwritten and may not result in the nullity of the Terms and Conditions as a whole. The Parties will endeavour to replace this clause with a valid clause with an equivalent effect. 

11.7 The terms of the Terms and Conditions prevail over any other previous agreement agreed between the Parties. Any changes to the Terms and Conditions will be the subject of an endorsement, dated and signed by the Parties. 

11.8 Each Party undertakes to make available to the other any information necessary for the proper execution of the Terms and Conditions. 

ARTICLE 12 – HOME ELECTION – COORDINATES 

For the implementation of the General Terms, the Parties agree to make the home election at the address mentioned in the order. Any change will only be enforceable against the other Party after the expiry of a period of fifteen (15) calendar days from the receipt of a recommended letter designating its new contact information. 

ARTICLE 13 – APPLICABLE LAW – COMPETENT JURISDICTION 

The General Terms are subject for their conclusion, interpretation, and enforcement under French law. Under Article 2254 of the Civil Code, all actions and proceedings brought by the CLIENT against NEXIZE must be brought no later than one year after the Date of the Contract, as soon as they are not received. 

It is expressly agreed between the parties that in the event of a challenge to NEXIZE's invoices, the full amount of the prize (main and interest) and the fees disputed by the CLIENT must be recorded in the hands of Madame or Monsieur. the Barrisle Officer at the Nanterre Commercial Court, pending a court decision on the challenge, as soon as the legal action is not received. 

Disputes that would arise over the validity, interpretation, performance or non-performance, termination or termination of this contract will be subject to the Mediation and Arbitration Centre's mediation settlement. Hauts-de-Seine (CAE: 75 Rue Guy Moquet, 92240, Malakoff) to which the parties declare to adhere. and, if mediation fails, the Nanterre Commercial Court will be the sole jurisdiction, even in the event of a plurality of defendants or a guarantee appeal. The CLIENT accepts this assignment of jurisdiction without any restrictions or reservations.

 

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