ARTICLE 1: DEFINITION

These General Conditions of Sale are applied to all services provided by Sia positive IA.

These General Conditions of Sale will be communicated at the customer’s request, in accordance with the regulations in force.

The application of other specific conditions cannot prevail over these General Conditions of Sale, except after written acceptance by the service provider.

Full acceptance and adherence to these General Conditions of Sale, without reservation, will apply to any order placed by the customer.

By “customer”, we mean the advertiser, the agent or the natural or legal person who orders a web service from the service provider.

By “order”, we mean the customer’s request for a service provided to the service provider.

By “web service provision”, we mean the execution of the service provider for the order placed by the customer.

 

 ARTICLE 2: ORDERS

Orders must be drawn up in writing in the form of a quote and signed by the customer.

Sales of services are only validated after acceptance of the quote by the customer with his signature. Acceptance of the quote will have the value of a contract.

Any modifications to the order made by the customer can only be taken into account during a new quote and validation by the customer with signature.

 

 ARTICLE 3: ORDER CANCELLATION

Any cancellation of the customer’s order after validation by the service provider must be made in writing. In this case, the deposit paid on the order as defined in article 4 “payment conditions” cannot give rise to a refund, whatever the reasons for the cancellation, except in cases of force majeure. The balance of the service, excluding the deposit, will not be invoiced to the customer for any order cancellation.

 

 ARTICLE 4: PRICES

The prices for the service are defined and applied on the basis of the quote validated and signed by the customer and by the service provider in due form as defined in “ARTICLE 2: ORDERS”.

The service provider provides the customer with an invoice displaying the prices in net and excluding tax (excluding taxes), when the services are provided.

 

ARTICLE 5: PAYMENT

A deposit may be required by the service provider when the customer places the order. This deposit is equal to 30% (thirty percent) of the total price of the services, and payable in relation to the due date which will have been previously accepted by the client and the service provider during the negotiation, and duly signed. on the order invoice.

The balance of the price must be paid on the day the services are provided by the customer, or within the deadline agreed by the service provider and the customer, mentioned on the invoice.

The customer can make a discount on the services which will be for the benefit of the service provider, and agreed by the latter. The service provider reserves the right not to agree to a customer discount on a date earlier than that mentioned on the invoice.

In the event of late payment and payment of sums due by the customer, beyond the due date limit validated by signature on the invoice by the customer, late payment penalties will be calculated on the basis of VAT (All Taxes Included.) (VAT not applicable, art 293 B of the CGI, art 293 B of the CGI) of the sum mentioned on the invoice.

The user can take out a subscription on the site and can pay by credit card.

Payments by credit card are made using secure transactions provided by our service provider Maksekeskus AS

SIA POSITIVE IA transfers personal data necessary for the execution of payments to the authorized processor Maksekeskus AS

This site does not have access to any information concerning the Internet user’s means of payment.

The amount of the penalties will correspond to three times the legal interest rate (decree 2014-138 of February 4, 2014). These penalties will be automatically acquired by the service provider, and without formality or prior notice, and may result in the immediate payment of all sums owed to the service provider by the customer, without prejudice that the service provider would be entitled to take., as such, against the customer.

In the event of non-compliance with the payment conditions mentioned above, the service provider reserves the right to suspend or cancel the provision of services ordered by the customer. The service provider also reserves the right to suspend the performance of its obligations and to reduce or cancel any discounts granted to the customer.

 

ARTICLE 6 : PROCEDURES OF PROVIDING SERVICES

The customer must provide the service provider with all technical information, if necessary, no later than the due date agreed between the customer and the service provider.

If this technical information is not provided, the service provider reserves the right to delay or cancel the order placed by the customer.

In the event that the customer does not respect the scheduled date for delivery of this technical information, the service provider may execute the service order without the customer being able to invoke the non-applicability of one or more technical conditions.

All charges linked to the provision of the service (including, among other things, travel costs, catering costs, accessories, etc.) will be detailed and included in the quote.

 

ARTICLE 7: TERMS OF PROVISION OF SERVICES

The provision of the service order by the customer will be carried out within the period previously negotiated by the customer and the service provider.

The service provider cannot be held liable in the event that there is a delay not exceeding 20% (twenty percent) of the time based on the time commitment for providing the service.

In the event of a delay exceeding 20% (twenty percent) of the time based on the deadline committed, the customer can claim a discount of 15% (fifteen percent) maximum of the total amount of the service.

The service provider cannot be held liable in the event of a delay or suspension of the provision of the service attributable to the customer, or in the event of force majeure.

Any modifications requested by the customer outside of the estimate may be subject to additional specific invoicing on the estimate, signed by the customer.

 

ARTICLE 8: RESPONSIBILITY OF THE SERVICE PROVIDER – GUARANTEES

The service provider guarantees, in accordance with legal provisions, the customer, against any lack of conformity of the services and any hidden defect, which would come from an error in the design or production of the services provided and would therefore make them unfit for the use for which they are intended. they were intended, excluding any negligence or fault of the customer.

In order to assert his rights, the customer must inform the service provider by email to contact@positiveia.net of the existence of a defect or hidden defect in the service within a maximum period of seven working days from the day of provision of the services. to the customer, and their receipt.

The service provider will modify, at its exclusive expense, the services deemed defective, once the defect has been identified as such by the service provider.

The service provider’s guarantee is limited to 20% of the total amount of the service, in order to rectify the defect. Digital files are retained for a period of one month after provision of the service.

 

ARTICLE 9: RIGHT OF OWNERSHIP OF THE ORDER

The content of the work of the service provision is the responsibility of the client. All rights, taxes and levies collected on the fixation of the reproduction or distribution of the web production are the responsibility of the client, except other elements made available by the service provider which are free of rights or whose rights belong to the service provider.

The client will be personally responsible for the acquisition of all rights of reproduction, distribution, adaptation, representation, all literary and artistic property rights whatever they may be as well as all industrial property rights regarding all technical information. The client guarantees the service provider against any recourse, whatever it may be, emanating from any third party, for any reason whatsoever, from the creation and/or distribution of the web service work.

The service provider reserves the right to refuse any technical and/or artistic information communicated by the client.

The service provider reserves the right to distribute and reproduce, as part of its communication or commercial documentation, for reference or illustration purposes, the service work carried out for the client.

 

ARTICLE 10: OPERATION OF THE WEB SERVICE

The operation of the web service must comply with the destinations which are defined in the quote/order contract, and which the customer undertakes to respect.

 

ARTICLE 11: APPLICABLE LAW

Any question relating to these general conditions of sale as well as the sales that they govern, which are not dealt with by these contractual stipulations, will be governed by European law.