The signature of a quote, as well as the payment of an invoice from Belmont Web Sàrl is equivalent to the acceptance of the present general conditions of services.
ARTICLE 1 - THE PARTIES The term customer refers to any legal or physical person, having required the skills of the company Belmont Web Sàrl for any services or realizations of web products. The customer declares to have the full legal capacity to commit himself under these general conditions of sale. The term Belmont Web Sàrl designates the commercial name of the company, designated as the provider. The term third party refers to any natural or legal person not party to the contract.
ARTICLE 2 - PURPOSE OF THE CONTRACT The contract establishes the commercial relationship between Belmont Web Ltd. and the customer.
ARTICLE 3 - CONTRACTUAL RELATIONS No telephone contact, nor appointment, is worth commitment. Before any order, the provider edits and sends a quote to the customer. The estimate is declared firm and final and gives rise to obligations between the parties upon receipt by return mail (postal or electronic via bexio) of the document dated and signed, accompanied by a deposit between 30 and 50% of the total amount of the estimate. (A deposit invoice will be sent by email) The balance is then payable upon receipt of the invoice, after completion of the service. The estimate serving as a purchase order and therefore a contract, will be considered validated once the first payment is made. The provider will not start any development before receiving the first payment (website). This provision is an essential element of the contract. Concerning the referencing services, these are invoiced after the realization of the service. Depending on the chosen service, the complete realization of the referencing takes several months. The duration is then indicated on the estimate.
ARTICLE 4 - PROCESSING AND SENDING OF FILES BY THE CUSTOMER The client is responsible for sending all files (texts, fonts and images, even from third parties, free of rights, structure and/or data model) to the service provider before the start of the development. Photos must be provided in electronic format, as well as texts of several hundred lines. Belmont Web Sàrl cannot be held responsible for spelling mistakes in the texts provided by the customer, however, Belmont Web Sàrl will carry out a proofreading of the texts at the time of the insertion of the contents to the Web site. If the customer wants a particular font, he must insert it in his submissions (in case of fonts not free of right, the cost of the license will be charged to the customer). The images are to be provided in a sufficient size and resolution (non-disturbed, min 100 dpi), to guarantee a good rendering of the final website.
ARTICLE 5 - MODIFICATION OF THE INITIAL REQUEST BY THE CUSTOMER Any new development to be carried out will be the subject of a new estimate. If the modifications or the resumption of the developments envisaged in your estimate generate an intervention:
- whose duration is clearly excessive in relation to the time normally required for development,
- whose nature tends to significantly modify the developments proposed in the specifications
- requires the processing of the sources in order to make them usable for the development or the parameterization of the development (in particular for the insertion of data in a MySQL base), an additional invoicing will be established on the basis of CHF 100.00 HT/hour.
ARTICLE 6 - MODIFICATION OF THE TIME LIMIT Significant changes, rework, delays in decision-making or late delivery of documents by the customer that are necessary for the development, will postpone the delivery deadline agreed between the parties.
ARTICLE 7- TRANSFER OF RIGHTS The transfer of the rights of use and modification of the developments carried out by the provider will take effect only after the complete collection of the invoiced amounts, except contrary provisions mentioned on the estimate and/or the invoice. The provider will then be able to intervene on the realization only at the written request of the customer. Of course, this transfer does not concern the right of diffusion of the development on the web.
ARTICLE 8 - PAYMENT CONDITIONS The developments must be paid in cash. Payment must be made to - Belmont Web Sàrl, 6, Rue de Chez les Nives - by stripe or bank transfer according to the due date specified on the invoice.
ARTICLE 9 - PENALTIES FOR LATE PAYMENT For customers, a fixed compensation for collection costs of CHF 100.00 will be applied.
ARTICLE 10 - FORCE MAJEURE The parties shall not be held liable or in default of their contractual obligations when the failure to perform their obligations is due to force majeure; the contract between the parties shall be suspended until the causes of the force majeure have been removed.
The force majeure takes into account facts or circumstances irresistible, external to the parties, unforeseeable and independent of the will of the parties, despite all efforts reasonably possible to prevent them. Are also considered as force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks outside the parties. The party affected by the force majeure shall notify the other party within five (5) working days following the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract will be continued.
ARTICLE 11 - PROMOTION OF CREATIONS Unless otherwise agreed in writing, the service provider may distribute all creations made, either for the customer or for a third party for which the customer intervenes, for the purpose of 'presentation of creations' on all types of media without limitation of time. An article written on your site concerning 'Belmont Web - creation of Internet site' can be affixed on the web creations carried out with a link towards the site www.Belmont-web.com being related to the nature of the developments, this one can be brought to change and the adequate term retained will remain with the appreciation of the provider.
ARTICLE 12 - TRANSFER OF ACTIVITIES It may also be passed on to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment. Commercial contracts may also be transferred to a third party without changing the contractual obligations of the provider and the customer.
ARTICLE 12 - GENERAL CONDITIONS OF SALE The Provider may modify, add or delete provisions to these terms and conditions without prior notice to its customers or third parties.
ARTICLE 13 - DISPUTE RESOLUTION Any dispute arising in connection with these Terms and Conditions and any signed Contract, its conclusion, performance or termination shall be subject to French law. Exclusive jurisdiction is given to the competent courts of Thonon-Les-Bains.