General sales conditions

Related to Tellings Web/Communication Services

Article 1 - Company Identification
Website Name: Tellings Paris
Website URL: www.tellings-paris.com
Company Name: Tellings Paris
SIREN Number: 82241350600020
Head Office Address: 77 Avenue de la République, 92400 Courbevoie
Phone Number: +33 6 66 42 09 16
Email Address: carpaye@tellings-paris.com
Publication Manager: carpaye@tellings-paris.com
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Hosting Provider: AWS

‍Article 2 - Purpose
Tellings is a company specializing in consulting and implementing projects in the field of new information and communication technologies. This document aims to define the rights and obligations of Tellings and the Client in the execution of services related to Tellings' areas of expertise: study, consulting, organization, design, implementation, promotion, animation, administration, training, content production, project monitoring in the field of new information technologies (internet, intranet, etc.).

‍Article 3 – Terms of Sales
Any purchase of services marketed by Tellings implies full and unreserved adherence to the general terms of sale. No specific condition can prevail over our general terms of sale, unless formally accepted in writing by us. Any contrary condition set by the client will therefore be unenforceable without our express and written acceptance. The fact that we do not invoke any of these general terms of sale at any given time cannot be interpreted as a waiver of our right to invoke them later.

‍Article 4 – Data Protection - GDPR
Tellings cannot be held responsible for the interpretation and use of GDPR regulations by the client. Tellings is only bound by a best-efforts obligation to assist its client in making their website GDPR compliant. Its liability cannot be engaged if the client uses external services unknown to Tellings or not implemented by it, and/or if the concerned external services do not allow the deletion or modification of tracking cookies, or if one of Tellings' suppliers fails to meet its GDPR obligations. If data protection regulations were to evolve, the client acknowledges that the GDPR compliance assistance service provided by Tellings does not exempt them from their own GDPR obligations, and that it only concerns the compliance of their website and not other obligations they may be subject to. The client must ensure, in conjunction with their legal service and/or advisor, the relevance and validity of Tellings' intervention based on the information available to it.

‍Article 5 - Liability Related to Service
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5.1 - Tellings' liability is limited to the website and its content over which it has direct control.
5.2 - Tellings cannot be held responsible for any type of connections provided by other service providers.
5.3 - Tellings cannot be held responsible for accidental or intentional damage caused by third parties to the client due to their internet connection.
5.4 - Tellings cannot be held responsible, in the case of a website managed by the client or Tellings, for the loss, theft, or dissemination of client access codes.
5.5 - For any order of website creation and hosting, Tellings reserves the right to refuse text, illustration, and in general all content that is contrary to public decency or violates the law.
5.6 - Tellings reserves the right to insert a mention on the client's website stating that it is the author.

‍Article 6 - Client Obligations
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6.1 - If the client provides Tellings with the information necessary to execute the order, this information must be transmitted according to Tellings' specifications. The realization of the website and/or associated ordered services will only begin within a timeframe set at the time of order once all necessary information for this realization has been received.
6.2 - If Tellings provides editorial content such as text, photos, and video, in addition to or not in connection with the information provided by the client, Article 6.3 also applies.
6.3 - All information having been pre-selected by the client prior to its dissemination, Tellings cannot be held responsible for its content. Upon acceptance of the order, we presume that the client holds the copyright or reproduction rights and assumes full responsibility for damages resulting from any infringement of third-party copyright or reproduction rights.
6.4 - Tellings cannot be held responsible for the non-functioning of all or part of the website in the case of hosting not provided by Tellings.
6.5 - The client is aware that Tellings remains the sole owner of the reproduction rights of its internet creations, resulting notably from literary and artistic property. Any representation or reproduction, even partial, made without authorization is illegal.
6.6 - In the context of selling components or website extensions, the client is informed that they are not authorized to resell, distribute, or transfer, in any form, the files or source code acquired from Tellings.

‍Article 7 - Service Pricing, Billing, Payment
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7.1 - The prices of the services - website creation, domain name purchase, SEO - offered are those mentioned in the quote; they are exclusive of taxes and payable in euros according to the following method: 50% upon order and 50% upon delivery, unless otherwise specified on the quote. The rates are guaranteed without variation upon signing the order, except in cases of force majeure, as specified in Article 18.
7.2 - The client's signature on the quote acknowledges the payment of the deposit.

‍Article 8 - Ownership
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In accordance with the law of January 25, 1985, the transfer of ownership of services subject to the invoice will only be effective upon full payment of the mentioned price.

‍Article 9 - Hosting and Website Management
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9.1 - Services - Client hosting services offered are provided by a third-party partner. The hosting offer is necessarily linked to one or more of our service offerings. DNS transfer to our partner's server is possible if one or more of our service offerings are linked. In any case, the client will have access to the administrative and technical information necessary to access their hosting(s).9.2 - Liability
9.2.1 - In the event of the failure of this partner, our company undertakes to find and offer you all possible solutions to remedy the situation, but Tellings disclaims any responsibility for the consequences of this failure, the causes of which cannot be directly attributed to our company.
9.2.2 - Under no circumstances can Tellings be held liable as a result of any action or recourse by third parties, particularly for: information, images, sounds, texts, videos contrary to the laws and regulations in force, content and/or disseminated on the client's website(s); defective products that the client has sold through their website(s); violation of intellectual property rights related to works disseminated, in whole or in part, on the client's website(s); suspension and/or termination of accounts, particularly following non-payment of amounts due for domain name retention.
9.2.3 - Tellings cannot be liable for any taxation or other fees related to purchases made from the client's site. The client accepts full responsibility for taxes and fees of all kinds associated with the products sold.
9.2.4 - Due to the characteristics and limitations of the Internet, Tellings cannot be held liable for, among other things, difficulties in accessing the hosted site due to network saturation at certain times; contamination of the client's data and/or software by viruses; malicious intrusions by third parties on the client's site; malfunctioning of equipment or lack of client know-how, problems related to the telephone network or the Internet, and/or in case of force majeure; possible theft or diversion of passwords, confidential codes, and more generally any sensitive information for the client.
9.2.5 - Use of the account. The client account is strictly personal and is accessible by a login and confidential password. The client is responsible for the use of their login and password; any connection made using these login and password will be deemed to have been made by the client. Tellings will not be held responsible for the loss, theft, or dissemination of login and password.
9.2.6 - Service pricing, billing, payment. The prices of rents and associated services are those mentioned in the quote; they are exclusive of taxes, payable in euros, in advance, and upon receipt of the invoice. Prices for rents paid in advance are guaranteed for the relevant period. Tellings reserves the right to modify its prices at any time with a one (1) month notice. In case of refusal of this modification, the client must request termination of this contract by registered letter with acknowledgment of receipt before the end of the one (1) month period mentioned in Article 9.3. Failing this, the new rates will be deemed irrevocably accepted and will be applied to the billing following the expiration of the aforementioned period.9.3 - Duration, renewal, and termination of the contract, suspension
9.3.1 - The contract is concluded for an annual duration that begins to run from the date of its conclusion. The contract is automatically renewed for a duration identical to that set at its previous conclusion, according to the rates and conditions of Tellings at the date of its renewal, unless terminated by one of the parties under the conditions of Article 9.3.3.
9.3.2 - The client will be notified by email at the earliest three months and at the latest one month before the end of the period allowing rejection of the renewal.
9.3.3 - Any termination must be made by registered letter with acknowledgment of receipt addressed to: Tellings - 77 Avenue de la République 92400 Courbevoie, no later than one (1) month before the contract's anniversary date.
9.3.4 - In accordance with Article 9.3.2, Tellings may terminate its service at any time under this contract without penalty if the client fails to comply with the terms of this contract, including non-payment. Tellings reserves the right to charge reinstatement fees. Accounts with unpaid invoices beyond 7 days may have their service interrupted, and all files and emails associated with the account may become inaccessible. This service interruption does not relieve the client of the obligation to pay the outstanding invoices, and only a written request to close the account will be considered.

‍Article 10 - Domain Name

10.1 - ServicesTellings offers domain name registration services with extensions such as .com, .net, and .org, as well as .fr and other extensions available in France, to allow any individual or legal entity to secure the ownership of the name(s) of their choice. Tellings commits to making every effort with the competent organizations to register the chosen domain name but does not guarantee any specific outcome.
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‍10.2 - Domain Name Availability and Registration

‍Due to the time that may elapse between the search for and the registration of the intended domain name, indicating the availability of a name does not guarantee that it can actually be registered. The availability and registration of a domain name do not guarantee protection against claims by third parties over any part of that name.
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‍10.3 - Client's Prior Acceptance of Naming Rules and Dispute Resolution
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10.3.1 - Each registration request implies the prior and unconditional acceptance of the naming rules and the dispute resolution rules that may arise between the domain name owner and any third party claiming rights over any part of the name.
‍10.3.2 - The client is responsible for providing Tellings with any documents that may be required for the registration, such as a Kbis extract or the INSEE directory identifier for a .fr level name, or a trademark registration certificate at the INPI for a .tm.fr level name.
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‍10.4 - Service Pricing, Payment

‍The applicable prices are those mentioned on the order form signed and returned by the client. Prices are exclusive of taxes and are payable in euros upon receipt of the invoice.
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‍10.5 - Order Registration

‍The registration of the client's domain name will only be considered upon receipt by Tellings of the duly completed and signed order form, along with payment and the necessary documents.
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‍10.6 - Effectiveness of RegistrationThe domain name registration becomes effective only after the relevant databases of the concerned organizations are updated and the DNS propagation time has elapsed.
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‍10.7 - Liability for Domain Name Registration
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10.7.1 - The client is solely responsible for the choice of the domain name they have requested and obtained registration for.
‍10.7.2 - Under no circumstances can Tellings be held responsible for any claims, amicable or contentious, that the client may face as a result of registering one or more domain names.
‍10.7.3 - The client agrees to indemnify Tellings for any judgments that may be pronounced against it due to the registration of one or more domain names.
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‍Article 11 - Order

‍Our general terms and conditions of sale apply to all our sales and/or service offerings. By signing the document referred to as an order form, quote, or commercial proposal, the client accepts our terms and conditions of sale without reservation and waives the application of any general terms and conditions of purchase they may have. Our clients' orders are considered firm after the legal withdrawal period or unless otherwise stated by us within eight days of receipt of the order form. Our quotes and order forms are considered valid for a period of one month (30 days).
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‍Article 12 - Delivery Times
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‍The delivery times indicated are only valid within the limits of Tellings' technical and human capacity to meet orders. The client cannot demand the delivery of the order on the scheduled date, nor any compensation of any kind. The client remains liable for the agreed amount.
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‍Article 13 - Late Payment
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‍Any incident and/or delay in payment at the due date will result in the application of a late payment penalty, provided for by law 92-1442 of December 31, 1992, Article 3-1, al. 3, equal to one and a half times the legal interest rate on the amounts due, as well as the invoicing of all financial, administrative, reminder, and collection costs, without prejudice to the suspension and/or termination of this contract. In the event of a breach by one of the parties of the obligations of these clauses, not remedied within eight days of the registered letter with acknowledgment of receipt notifying the breaches, sent by the other party, the latter may enforce the termination of the contract subject to all damages to which it may be entitled. In the event of an amicable settlement, judicial reorganization or liquidation, temporary suspension of proceedings, bankruptcy, or similar procedures, this contract will be automatically terminated without notice, from the decision of the competent court.
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‍Article 14 - Taxes

‍Tellings reserves the right to pass on, without delay, any new tax or any increase in existing tax rates.
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‍Article 15 - Obligation to Inform

‍The client agrees to inform Tellings in writing of any changes to their situation (including change of address, etc.).
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‍Article 16 - Confidentiality

‍Tellings is bound to maintain the confidentiality of all operations it carries out on behalf of the client. Tellings is prohibited from making any personal use of the basic data, files, and processing results without the client's express authorization. In general, documents or information entrusted by the client, as well as the statements and documents resulting from their processing by Tellings, are treated with the strictest confidentiality.
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‍Article 17 - Data Protection and Privacy
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‍The client may exercise their individual right of access and rectification with Tellings, in accordance with the provisions of law n° 78-17 of January 6, 1978, for all information communicated in the context of the order form or training agreement. The client is responsible for making any declaration to the Commission Nationale Informatique et Liberté (CNIL) regarding the use of their website, except for service offerings that fall within this scope.
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‍Article 18 - Force Majeure

‍The following events suspend our contractual obligations: unforeseen circumstances or force majeure events such as theft or destruction of production tools, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors, or carriers, as well as transport interruptions, energy supply, raw materials, or spare parts.
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‍Article 19 - Applicable Law and Jurisdiction

‍By express agreement, service orders are governed by French law. In case of a dispute, whether with our suppliers or our clients, exclusive jurisdiction is granted to the Commercial Court of Nanterre.

‍Article 20 - Miscellaneous Provisions

‍If any of the clauses of these general terms and conditions prove to be invalid or unenforceable under any law or regulation or as a result of an enforceable decision of a court or competent administrative authority, that clause will be deemed unwritten and the rest of the contract will remain in full effect.

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