General Terms and Conditions of Sale
Article 1: Purpose and General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of digital products purchased by the buyer and form an integral part of the contract between the buyer and the seller. HoYoWeb reserves the right to modify these at any time, by publishing a new version via email. The GTC applicable then are those in force on the date of payment of the order. These GTC are available on the quotes as well as on the invoices.
The customer declares and acknowledges having a perfect knowledge of these GTC before proceeding to the signed approval on the quote. The signed approval on the quote constitutes full and complete adhesion, without reservation, to these GTC, the customer having to check the box "I have read and accept the General Terms and Conditions of Sale (GTC)" before proceeding to payment. Any sale will be governed automatically by these GTC.
Article 2: Essential characteristics of the products and services sold
HoYoWeb company sells digital services such as website creation and maintenance under a monthly maintenance contract. Following the first down payment of 30%, the client will receive all the necessary information regarding their web project.
Article 3: Price
The prices of my services are indicated in euros, all taxes included (VAT). VAT is not applicable in accordance with article 293 B of the French Tax Code. SIREN number: 838 321 313 (Code of self-employed workers)
HoYoWeb reserves the right to modify its prices at any time, but the product will be invoiced based on the rate in effect at the time of the signature of the "bon pour accord" on the quote.
Article 4: Availability of products
The purchased services are available as soon as payment is confirmed and the project start date.
Article 5: Delivery
The digital services sold by HoYoWeb are only available online.
Article 6: Payment Terms
- Please note that all payments must be made exclusively by bank transfer using the banking information provided on the invoice. Please note that I am not responsible for payments made by any other means and I cannot guarantee the security of transactions made outside of these specific payment methods. Thank you for your understanding and cooperation.
- As a service provider for a "Web Master" contract, I request full payment within 30 days from the date of invoice issuance. Please note that late payment interest of €40, in accordance with Article D.441-5 of the French Commercial Code, will be charged for non-compliance with payment terms. I will inform you of these interests through email reminders. Each reminder taking place every 30 calendar days will be invoiced as mentioned above. Thank you for your cooperation to ensure effective payment management.
- As a service provider, I request a 50% deposit for any project before starting work. I also require an intermediate payment of 30% in the middle of the project to ensure payment for work done up to that point. Upon delivery of the finalized project, I request a final payment corresponding to 20% of the total amount to finalize the project. These payment terms are put in place to ensure fair and equitable compensation for work done throughout the project.
Article 7: Ownership and Suspension Rights
I would like to draw your attention to the fact that for the "Web Master" contract, full payment must be made within 30 days from the date of invoice. In case of non-compliance with this payment condition, late interest of 40€ will be charged in accordance with Article D.441-5 of the Commercial Code.
In the event that after 3 payment reminders on a "Web Master" contract, equivalent to 3 months of unpaid bills, the contract is terminated due to non-payment, the website linked to the contract will be suspended. An information page will indicate that the site is not accessible, inviting visitors to come back later or to contact their manager. This suspension will be maintained until full payment of the remaining months of the commitment, as well as the 3 payment reminders with a total amount of 120€ are received. For example, if you have one month of unpaid bill of 45€, you will need to pay the 45€ plus the number of reminders (40€ per reminder), as well as the remaining months of your commitment from the date of the initial unpaid invoice.
In the case of any other service, any unpaid deposit will result in the suspension of the contract after 3 payment reminders. The entirety of the website code belonging to HoYoWeb will be retrieved by our company and removed from your hosting. I encourage you to respect the payment conditions to avoid any service interruption.
Article 8: Right of withdrawal
In accordance with the law, the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium where the performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.
Article 9: Refund conditions and deadlines
Please note that a "Web Master" contract implies an engagement that cannot be unilaterally terminated or canceled by the client. In the event of termination before the end date of the contract, the client must pay the remaining month(s) until the end of the contract.
Regarding down payments, I would like to inform you that they are non-refundable. It is important to note that a down payment is an advance on the work to be done and the resources needed to complete the project are engaged upon receipt of the down payment.
Therefore, I advise you to think carefully before committing to a "Web Master" contract and to take the time to ask any necessary questions to clarify the terms of the commitment before providing a down payment. I am available to answer all your questions and clarify any information regarding our services.
Article 10: Complaints
Any complaint must be addressed electronically to the following email address: [email protected].
Article 11: Intellectual Property
All comments, images, and illustrations on my website are exclusively reserved for me. Under intellectual property and copyright law, any use is prohibited except for strictly private use.
Without prior authorization, any reproduction of my website, whether partial or total, is strictly prohibited.
HoYoWeb retains the intellectual property rights of purchased resources.
Article 12: Liability
In accordance with Article 1147 of the Civil Code, I fully engage my contractual liability towards you in the event of non-performance or improper performance of the concluded contract.
However, my contractual liability cannot be engaged in the situations mentioned below:
- Force majeure;
- Foreign fact that cannot be attributed to me;
- The photographs on my website have no contractual value. Therefore, they cannot engage my liability;
- Leakage concerning a web project in development if the conditions are not respected.
Article 13: Private Development
According to the FAQ, section "Web Site Design", paragraph 9, I engage my contractual liability automatically in case of potential leak of your web project under development.
However, my contractual liability cannot be engaged in the situations mentioned below:
The website must not be communicated to anyone outside of those working on the web project;
- There should be no communication on social networks;
- There should be no communication with press agencies;
- There should be no communication on any other physical or digital media.
If a leak is noticed by you, verifications will be made with my tools (CPanel, Google Analytics, Google Tag Manager, OpenWeb Analytics, and Yandex Metrica), if the results show that the site has been accessed directly or through a "referral" defined as a "traffic sources" or "sources" dimension by these traffic analysis tools, originating from a mail client (AOL, Gmail, Outlook, etc.) or any other type of digital content (social networks, websites, etc.), this will define that the site has leaked and that it is your responsibility, and therefore, I can terminate the contract on a date indicated by registered letter or email without any prejudice to be paid to your company, and you will have to pay for the work done until the effective termination date of the contract. If this is not the case, my contractual liability will be engaged.
Article 14: Personal Data
Certain information about the customer will be transmitted to me (namely the name, first name, address, and email) in order to process orders and issue an invoice.
The customer's information will never be transmitted to third parties.
In accordance with articles 39 and 40 of the law of January 6, 1978, the customer has a right to access, rectify, delete, and oppose his personal data. The customer exercises this right by email at [email protected].
Article 15: Competent jurisdiction and applicable law
In the event of a dispute between the customer and my company, French law applies. French courts have exclusive jurisdiction to settle the dispute.
Do not hesitate to contact me if you have any questions ( [email protected] ).
These General Conditions of Sale come into effect on April 22, 2023.