Terms and conditions of sale
These are the terms and conditions of sale of Karom Studio. They apply to every order, unless the signed quote says otherwise.
01 Purpose and scope
These terms apply to all design, development, hosting, deployment and maintenance services provided by Romain Ayme, sole proprietor, under the name Karom Studio (the Provider), to clients (the Client). Placing an order means accepting these terms, which prevail over the Client's own terms unless agreed in writing.
02 Quotes and orders
Quotes are free and valid for 30 days. An order is binding once the Client signs the quote or approves it by email with the words "agreed". Any request outside the quote's scope needs an additional quote.
03 Prices
Prices are in euros, fixed-price or time-based as stated in the quote. The quote states whether prices exclude or include tax, and which VAT regime applies.
04 Payment
Unless the quote says otherwise: a 30% deposit is due at the order, and the balance on delivery, by invoice, by bank transfer, within 30 days at most. Work starts when the deposit is received. For late payment, penalties apply by law at three times the legal interest rate, plus a fixed 40 EUR recovery fee (business clients). The Provider may suspend the service while an overdue amount remains unpaid.
05 Deadlines
Quote deadlines are indicative. They assume the Client provides content, access and approvals on time: any Client delay moves the deadlines by the same amount.
06 Client obligations
The Client provides the useful texts, images, logos and access, and guarantees it holds the rights to that content. It answers approval requests within a reasonable time. It stays responsible for the content published on its site.
07 Delivery and acceptance
On delivery, the Client has 15 days to report in writing any non-conformity with the quote. The Provider fixes reported defects free of charge. After this period, or once the site goes live, delivery is deemed accepted. Any change outside the quote needs a new quote.
08 Intellectual property
The Provider keeps all rights until the invoice is paid in full. After payment, the Provider assigns to the Client the exploitation rights to items created specifically for the project (design, texts, code), worldwide, for the legal duration of the rights and for the needs of the Client's site. Open-source components and third-party tools stay under their own licence. Unless the Client objects in writing, the Provider may list the project as a reference on its site.
09 Hosting and maintenance
Hosting, deployment and maintenance are provided by quote or subscription; the quote sets the term and the notice period. The Provider uses reasonable means for site availability and data backups, without guaranteeing uninterrupted service: the service also depends on third parties (host, domain registrar, delivery network).
10 Confidentiality
Each party keeps confidential the non-public information received from the other for the project, during the service and after it ends.
11 Liability
The Provider has an obligation of means. Its liability is limited to direct damage and does not exceed the amount paid for the service concerned. It is not liable for indirect damage (loss of business, revenue or data), for content supplied by the Client, or for third-party services.
12 Right of withdrawal
A consumer Client (an individual not acting for professional purposes) has 14 days from the order to withdraw without giving a reason, by writing to the Provider. If the Client asks for the service to start before this period ends, it pays for the part already performed at the time of withdrawal. A service fully performed before the period ends, with the Client's express consent and waiver, can no longer be withdrawn.
13 Termination
Either party may terminate the order if the other breaches it and fails to remedy it within 15 days of a written notice. Work already done remains payable.
14 Personal data
Personal data processing is described in the legal notice.
15 Governing law and disputes
These terms are governed by French law. In a dispute, the parties first seek an amicable solution. A consumer Client may use a consumer mediator free of charge. Failing agreement, the French courts have jurisdiction, and those of the Provider's registered office for business clients.
A question about these terms? Write to rf.morak@tcatnoc.