Article 1 – Purpose :
The purpose of these Terms and Conditions of Sale (T&Cs) is to specify the conditions under which TUDIO provides the design, hosting, and putting online of websites and, at the Customer’s request, natural referencing and visual identity creation services. The financial conditions are also specified therein.
The signature, accompanied by the words “Bon pour accord”, of the order form produced by TUDIO implies unreserved acceptance of these general conditions of sale.
Article 2 – Definitions :
Internet means different networks of servers located in various places in the world, linked together by a specific protocol called TCP/IP.
Website or Internet Site or site means the infrastructure developed by the Client in accordance with the computer formats usable on the Internet, containing data of various kinds, and in particular text, sound, still or moving images, videos, and databases, intended to be consulted by Internet users with free or paid access.
Server means all the computers and associated software belonging to TUDIO or that TUDIO is authorized to use for the needs of its activity.
Hosting refers to the services of storing and making available the website, it ensures the computer processing enabling the end user connected to the Internet to view the hosted site.
The Customer refers to the legal or natural person signing the order form.
TUDIO means the company TUDIO whose registered office is located at 54 Avenue Hoche, 75001 Paris.
Article 3 – Description of the “Website design” offers
The E-LEARNING offer refers to the creation, putting online, and hosting of training content. The basis of the creation is the open-source ADAPT LEARNING, to which plugins are added according to the desired functionalities. Other solutions can be used to best meet the customer’s needs (HTML 5, Articulate RISE, Genially, etc.). An administration back-office is made available to the customer when the site is delivered.
The customer provides Tudio with the text and images for the content. The E-LEARNING package is fully manageable by the client. The customer can create additional administrators or users and assign rights to them. The E-LEARNING package includes At the time of delivery, a 30-minute training session on the use of the back-office is provided by a TUDIO consultant. A specification is drawn up to guide the design.
Article 4 – Fees:
Prices are exclusive of tax. The price of the offers is firm, however, it can be modified in case of the addition of functionalities, and within the framework of the PERSONALIZED SITE offer. The invoiced cost includes the setting up of the specifications, the design, the putting online, and the hosting for 1 year.
Article 5 – Terms of payment:
For a total amount of less than €5000: 100% on signing the order form.
For a total amount of more than €5000: 50% upon signature of the purchase order and 50% upon delivery of the work.
Article 6 – Deadlines and delivery:
TUDIO undertakes to do its utmost to perform the services ordered by the customer. This commitment does not imply any obligation of time, the delivery date indicated in the specifications being an approximation. Indeed, the design depends on the information, files, and data provided by the customer. TUDIO undertakes to do its utmost to deliver the site as close as possible to the date estimated in the specifications, and the customer undertakes to provide the elements necessary for the creation of the site (logos, texts, images, etc.) as soon as possible. At the time of delivery, the site is presented on our servers, and the site is put online immediately after validation by the client.
Article 7 – Nature of obligations :
TUDIO undertakes to use its best efforts for the services ordered by the customer. By mutual agreement, TUDIO’s obligation is purely an obligation of means.
The customer undertakes to collaborate with TUDIO by providing it with all useful and necessary information for the proper execution of the services and compliance with the execution deadlines.
Article 8 – Scope of web design and web marketing services :
TUDIO undertakes to develop, on its own computers and software, on its premises, the web content or services described in the commercial proposal and the specifications.
Acceptance of the quotation by the customer signifies TUDIO’s agreement and understanding of all the points set out in the quotation.
Any study, audit, report, information, specification, or contractual document, whether for a fee or free of charge, carried out by TUDIO for the customer, remains the exclusive property of TUDIO. The customer undertakes not to pass them on.
Content management back office
Some offers include the provision of an administration back-office so that the customer can update his site himself. The codes and passwords necessary for access to the administration module will be transmitted when the site is delivered. TUDIO, by virtue of its commitment to means, undertakes to provide the customer with an updated interface in the best possible technical conditions. This back-office, unless otherwise stated, is set up under the WordPress system. The customer releases TUDIO from any liability arising from modifications made by the customer alone on its administration back-office.
Article 9 – Completion of e-learning content
The completion of the design service shall be recorded by the client in writing on a delivery report within 15 days of delivery/receipt of the site. The client may only refuse this acknowledgment of receipt if the site delivered does not correspond to the specifications previously established.
Article 10 – Copyright and commercial notices
Unless explicitly stated otherwise by the customer, TUDIO reserves the right to include a statement in the printed matter indicating its contribution, in the form of “produced by TUDIO” or “graphic design by TUDIO” or “design by TUDIO”. A link to the website can be set up in a new window only.
Article 11 – Responsibility and ownership of content :
The customer, represented by the signatory of this contract, acknowledges and assumes full and complete responsibility for the textual and iconographic content of the work delivered by TUDIO. The texts and images supplied by the customer must be its property or “free of rights”. Any modification of the content by the back office is the sole responsibility of the customer.
The customer undertakes to comply with all the regulations applicable to the dissemination of information and services on the Internet, in particular the imperative provisions intended to ensure the protection of public order, so that TUDIO’s liability may not be sought under any circumstances.
The customer undertakes to provide TUDIO with all the information that must appear in the legal notices of its site. By signing this contract, the customer undertakes to provide: the name of the publication director – the company name – the address – the telephone number – the SCR – the company form – the intra-Community VAT.
In case of sale of products or services on its website: -general terms and conditions of sale -VAT number.
In general, the customer expressly guarantees TUDIO against any recourse of any nature whatsoever, on the part of any user or third party, and against any action or claim that might be brought against TUDIO on account of the content of the website produced, or its use by the customer or by third parties.
Article 12 – Ownership of the website :
All information provided by the client, of whatever nature, is and will remain at all times the property of the client.
By express agreement between the parties, the client will be the owner of the designed site (files + databases) after payment of the full price of the site design, the terms of which are defined in article 5.
Article 13 – Adwords
Adwords referencing guarantees the appearance of keywords in the Google search engine, with a commercial link to the designated site. TUDIO undertakes to ensure the positioning of the client’s site as soon as possible and under the following conditions
the site is online – the complete list of keywords is provided by the client – the contract is validated by TUDIO.
The positioning of the site will be on the results page of the Google search engine.
By mutual agreement, the parties agree that TUDIO is subject to an obligation of means. TUDIO cannot, therefore, be held liable if the search engine refuses to reference the customer’s site. In the event of a change in the conditions of use of the search engine, TUDIO undertakes to inform the customer of the changes made and the strategy to be employed. In all cases, the sums paid shall be retained by TUDIO.
Article 14 – Invalidity
If any of the provisions of this contract are found to be null and void with regard to a rule of law in force or a judicial decision that has become final, they shall be deemed not to have been written, without this leading to the nullity of the contract or affecting the validity of its other provisions.
Article 15 – Assignability
The contract is concluded “intuitu personae” and cannot be transferred.
Consequently, it may not be transferred in whole or in part for valuable consideration or free of charge, including in the event of the takeover of a company, the transfer of a business, a management lease, a merger, or any other operation tending to modify the current assets or at the end of which the rights of the clients would be transferred to a third party without TUDIO’s express agreement.
Article 16 – Registered office
The parties elect domicile at the addresses indicated on the first page of the contract.
Article 17 – References
The customer authorizes TUDIO to mention its name and the products developed on its behalf on a list of references that it may distribute to its prospects.
Article 18 – Jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Monegasque law. Any dispute shall be subject to the exclusive jurisdiction of the courts of the Principality of Monaco.
Last update: 14 July 2022.
