General Terms and Conditions of Sale (GTC) Introduction
The following General Terms and Conditions of Sale and Service Provision (hereinafter « GTC ») apply to all products and services offered by Numerinet. Any order placed implies full and unreserved acceptance of these GTC.
Definitions
- Customer: Any individual or legal entity, acting within the scope of their professional activity, who orders products or services from Numerinet.
- Numerinet: Refers to the company Numerinet, identified by the business number 503504995, with its registered office located at 2 Bd Chevalier de Clerville Bât J Bte N 59 34200 SETE, providing the products and services described herein.
- Parties: Collectively refers to Numerinet and the Customer.
- Contract: Refers to the entire contractual set including these GTC, special conditions, quotes, purchase orders, and any other contractual document.
1. Scope of Application These GTC apply to all products and services offered by Numerinet, unless otherwise stated in writing. They are available at all times on Numerinet’s website and will prevail over any other version or customer conditions.
2. Customer Responsibilities The Customer is responsible for the content they upload and must ensure they have obtained any necessary authorizations related to copyright. Data provided must comply with applicable legislation.
3. Intellectual Property All intellectual property rights in developments made for the Customer revert to Numerinet. Software and its modules remain the exclusive property of Numerinet, the customer having a non-time-limited usage license in accordance with the provisions of the U.S. Copyright Act. The customer may not reuse this source code for a project other than that sold by Numerinet.
4. Pricing Prices are listed on Numerinet’s website and are subject to revision at each contract anniversary date. Any changes will be notified to the Customer at least one month before application. Prices are expressed inclusive of all taxes (including VAT).
5. Guarantees Numerinet reserves the right to modify its technical infrastructures. Numerinet cannot be held responsible for access speeds or external slowdowns. Service interruptions for maintenance will be communicated to the customer within reasonable timeframes.
6. Additional Services Additional services require prior acceptance of a quote. Interventions will be billed at a rate of $90 per hour, with a minimum billing of one hour.
7. Payment The order is valid upon signing the GTC and receipt of the initial payment of $1,600 inclusive of tax. Payment for periodic services is made monthly via credit card through Stripe or by bank transfer.
8. Late Payment Any payment delay incurs penalties under the U.S. Uniform Commercial Code, including a flat-rate indemnity of $50 and interest on arrears equal to the Federal Reserve rate plus 10 points. Numerinet reserves the right to suspend services in case of non-payment.
9. Termination At the end of the 24-month commitment period, the contract may be terminated provided all invoices are settled. In the absence of termination, the contract will be renewed for one year. Termination must occur via certified mail with acknowledgment of receipt.
10. Customer Reference The Customer authorizes Numerinet to use their name and logo in its commercial documents for reference purposes.
11. Confidentiality The parties agree to treat as confidential the documents and information exchanged under the contract, during and after its expiration.
12. Personal Data Processing Numerinet and the Customer commit to complying with legislation in force regarding the protection of personal data. Numerinet takes all necessary precautions to preserve the security of personal data.
13. Liabilities Numerinet commits to providing the best possible service but cannot be held liable for technical issues related to external factors or suppliers. In the event of a malfunction, Numerinet will work closely with the Customer to resolve the issue.
14. Prohibited Uses It is prohibited to send unsolicited bulk emails (« spam ») or to use the hosting for illegal activities. Numerinet reserves the right to block access to any webpage non-compliant with the laws.
15. Tolerance The non-invocation of a breach by one of the parties does not constitute a waiver to invoke it subsequently.
16. Disputes In case of a dispute, the parties will seek an amicable solution. Failing that, the dispute will be submitted to the courts of Montpellier France.
17. Force Majeure Numerinet cannot be held liable for delays or failures in performance resulting from circumstances beyond its control.
18. Insurance The Client and Numerinet commit to taking out insurance necessary to cover the risks associated with the execution of the contract.
19. Dispute Resolution In the event of a dispute between the parties, they commit to seeking an amicable solution. If no resolution can be found, the dispute will be submitted to the jurisdiction of the relevant courts in the state where Numerinet’s headquarters is located.
20. Revision Conditions Numerinet reserves the right to modify these GTC at any time. The new GTC will be applicable to ongoing contracts after notification to the customer, unless the customer objects within a 30-day period.
21. Customer Purchase Conditions The customer’s purchase conditions are not binding on Numerinet, except with Numerinet’s express and written acceptance.