These general conditions of sale apply to all offers and sales of services SARL Come Online. Any order implies full acceptance by the buyer of these terms regardless of conditions of purchase of the buyer, not enforceable SARL Come Online, even if they are provided herein after. If any provision of these terms and conditions of sale was void or annulled, the other clauses will still be provided canceled. The fact that the LLC Come Online does not apply to a given moment of any section of these conditions can not be construed as a waiver to later claim the said general conditions of sale. The Come Online Ltd is committed to benefit the buyer more favorable terms that could be granted to any other buyer for an order and without the same counterparty.
The Come Online Ltd. carrying on business as service provider as part of the implementation platforms for digital content, commonly called "website" and made available through the network of networks, Internet. This activity gives the right to make, develop interactive content for all types of digital media communications for Internet, mobile, and coming to this destination and third for its own account. Supports deployment is not currently defined limits.
The Come Online Ltd acts as an Internet hosting site in order to accommodate the services developed to destination customers.
The SARL Come Online in the context of his own achievements, or those assigned by its partners, is positioning itself as a medium of advertising banners online. It can therefore perform the marketing.
Service provider, SARL Come Online is maintained for all its benefits, an obligation of means, excluding any obligation of results. The SARL Come Online, its staff and its commitment honored to be considered confidential and within the scope of professional secrecy is required, information of any kind relating to such activities of the purchaser, his organization and its staff. When the LLC Come Online does a job involving a creative activity under the Code of intellectual property, copyright under this item, including the right of reproduction shall be paid to the LLC Come Online and are transferred to the buyer through a written agreement to that effect. The written agreement of assignment of copyright, including the right of reproduction should be explicit: it does not result, or that creative activity has been planned in order, or because it makes the subject to special remuneration, or finally that the ownership of material support of copyright is transferred to the buyer. Use of information provided by the LLC Come Online is strictly personal to the buyer or persons authorized by him for their internal use excluding affiliates. Unless special convention exclusive, SARL Come Online may again use a creation made by its services.
Protection of software development
The software developments are protected by law in force in the literary and artistic property. Unless otherwise agreed, the buyer agrees not:
Copy or reproduce all or part of the software and / or documentation by any means and in whatever form - to translate or transcribe the software and / or documentation in any language or adapt. The buyer guarantees the author and the distributor against the actions of its employees and people he admits to using the solutions developed, if those actions violated the above provisions.
Through the use of Open Source software under the GNU / GPL, the buyer is bound by the above stipulations. the LLC Come Online retains ownership of complementary and additional developments made on the basis of existing systems.
Unless expressly agreed otherwise, the operations of bug fixes do not give rise to any security other than a proper performance of those operations as part of a common use of the website. The routine use of a website is is considered executable via Internet browsers running at the time of completion. Are taken into account browsers PC: Internet Explorer 6 and 7, Mozilla Firefox 1.5 and 2 on Mac OS X, Safari 2 and 3, Mozilla Firefox 1.5, 2 and 3. When the client requests that the resolution be achieved without an estimate has been established, the LLC Come Online mentions the work to be performed on a document to be signed by the client prior to execution of said work. If during the execution of operations requested, it appears that the repairs will differ from what was expected, the repairer must inform the client and obtain written consent prior to any further compensation.
To enable service providers to better keep its commitments, the use of outsourcing can be criticized by the client.
Studies and Projects
Projects, studies, tree structures, web design and documents of every kind delivered or sent by SARL Come Online remain its sole property. They must be returned to first request and may not be reproduced, disclosed to third parties or executed for any reason whatsoever by the buyer without the written consent thereof. They are provided free of charge if they are followed by the order in which they are subject. Otherwise, it is due to the limited liability Come Online reimbursement of expenses of project study and travel.
The specifications and corresponding travel costs give rise to a flat rate billing. This will be deducted from the invoice payment if the command follows. All orders, including those placed by phone or fax must be confirmed in writing. The order may be made by returning the quotation or tender to Come Online Ltd, duly signed and bear the handwritten "good agreement for or by sending a document stating in particular: the nature of service, quantity, agreed price, payment terms, place of delivery if other than the billing location. Any addendum or amendment to the Order shall bind the LLC Come Online if it has agreed in writing. Orders taken by employees of the LLC Come Online are only valid if they were not terminated in writing by the LLC Come Online within 15 days after receipt. If, during a previous order, the purchaser has withdrawn any of its obligations (default or late payment, for example), a refusal to deal may be opposed, unless the purchaser supplies satisfactory guarantees or cash with order. No discount for early payment to him will be granted.
Prices charged are those established at the time of the order on the basis of prevailing economic conditions. Except as expressly stated in the prior offer, they are exclusive of costs of provision and are valid for a maximum of 3 months. They are exclusive of VAT and are plus VAT and / or any other similar taxes which become payable at the rate applicable at when due.
Unless otherwise stated, it is perceived to control an amount of 30% of the total benefit, as a deposit within the meaning of the law. The SARL Come Online has the ability to perform all billings based on progress. The balance is payable 12 days of signing the document evidencing the performance of the contract. When entering into relationships, Come Online Ltd reserves the right to demand from the order payment of the full benefit. Whatever mode of payment agreed between the parties, payment shall be deemed made upon receipt of the actual price. Payment by check can be made by check in euros and drawn on a French bank branch. In case of partial payment, it will be attributed primarily about penalties for late payment, then the current deadlines in order of decreasing seniority. In case of non payment, even partial, at maturity, SARL Come Online reserves the right to terminate the contract or suspend the execution of current benefits. Especially in the context of the hosting website, which is correlated with existing mail accounts.
In case of suspension of services, fees for an amount of 49.00 Euros VAT will be charged for reactivation services. After receipt of the actual price, Come Online Ltd reserves the right to resume services in a time of 48 hours during business days.
The parties expressly agree that all mutual claims and liabilities they hold one vis-à-vis the other, under the trade relations they maintain, are connected so that they are mutually guarantee and compensate them, even though the conditions required by law for legal compensation would not all be met.
(not applicable in this case to customers who are not nationals of the Commercial Law) Pursuant to Article L441-6 of the Commercial Code, the delay penalties are applicable if the sums due are paid after the payment date set on the invoice. The delay penalties are calculated on the basis of (eg) 6 times the legal rate. If the failure of the purchaser makes necessary recovery litigation, the buyer agrees to pay, in addition to the principal, costs, expenses and fees ordinarily and legally dependent, compensation shall be 10% of the principal amount inclusive of the debt with a minimum of 100 euros and, as damages and conventional standard. In case of cancellation of the sale for failure to pay the sums paid by the buyer will simply learned to Come Online LLC.
Clause of forfeiture of the term
In case of non-payment or partial orders on time, the amounts due under this order or other orders already executed or in progress will benefit immediately after due notice.
Ownership of Property
All orders are accepted in consideration of the legal, financial and economic buyer at time of order. It follows that if the financial situation of the buyer were to deteriorate between the date of the order and the execution date of delivery, Come Online Ltd is based, or demand payment before delivery, either cancel the sale. In case of failure of one of these conditions, SARL Come Online will send the debtor a notice by registered letter with return receipt. A lack of execution by the purchaser of its obligation within one month of sending the notice, the sale will be canceled automatically if it pleases the LLC Come Online. The buyer may request the cancellation of the sale, or search the liability of the LLC Online Come for a variation of the specific initial, intervening between placing the order and enforcement of the benefit resulting from the application of by a national or community. Seller agrees to notify the buyer of these changes as soon as possible.
The security services are developed that afforded by the LLC Come Online. In cases where services developed by the LLC Come Online are not hosted on its own servers, but others express recommendation by the buyer no guarantee of operation can not be granted. The liability of the LLC Come Online in respect of the purchaser can not exceed the cost of services sold, determined by reference to prices charged to customers for those products. The guarantee of the LLC Come Online never wear the consequences of the defect such as damage to persons or property, business interruption or additional work. The warranty does not cover replacements or repairs resulting from damage or injury arising from negligence of the buyer, fault monitoring, maintenance or use not consistent with the requirements specified by the LLC Come Online . Unless expressly agreed, the warranty period of the LLC Come Online does not exceed twelve months. A security can not be applied unless it is specifically listed in the contract of sale.
Any delay in the execution of the service due to circumstances beyond the control of the LLC Come Online can not invalidate the order. The liability of the LLC Come Online can be initiated for any damages resulting from the delay.
Are regarded as exempting the following events: - the air disasters such as frost, snow or rain of exceptional importance,
Barriers to thaw
Fire, flood or explosion to any cause whatsoever,
Strikes or work stoppages that may affect one or other of the parties or providers participating in one of the stages of delivery. The Come Online Ltd will inform the buyer in a timely cases and events listed above.
The failure of the buyer’s obligations to provide the necessary documents on time, this affecting the proper development of the project.
Governing Law and Jurisdiction
(not applicable in this case to customers who are not nationals of commercial law). This contract is subject to French law. For all disputes relating to the implementation or interpretation of these conditions, only the court will have jurisdiction of Commerce Fort de France or its President for referrals, even in cases of multiple defendants.
Having read the text of the General Conditions of Sale of the LLC Come Online you agree fully all the terms stipulated therein.