Sensinov is an IT services company, and as such provides software development services, as well as services, consulting, support, assistance and training. The present General Sales Conditions, hereafter referred to as GSC, specify the terms of the contract between the Customer and Sensinov, and express the entirety of the obligations and rights of both parties. All services provided by Sensinov are subject to the present GTC. They may be completed and/or modified by specific clauses. The GTC are permanently available on Sensinov's website (www.sensinov.com/cgv.pdf). They may be modified at any time and without notice. The applicable T&Cs are those in force on the site at the date of the Customer's request (date of the quote, or date of the order in case of service without quote). They are identifiable by a version number and a date of drafting. When sending an order to Sensinov, the Customer declares to have the full legal capacity to commit himself, and to adhere without restriction or reserve to the present GTC.
2 – Order modalities
The Customer can either issue an order or signify his agreement to any quote presented by Sensinov. These acts can be carried out by mail or post. In some cases, they can be done by filling in a form available on the Internet. Any quotation presented by Sensinov and signed by the Customer is contractually binding. Likewise, any order received by Sensinov, dated and signed, is firm and definitive and takes contractual force. If a deposit was requested, the order is validly received only with the corresponding deposit.
3 – Performance of the services
Sensinov undertakes to carry out the service ordered by the Customer in accordance with the rules of the art. Any service not provided for in the contract, or any modification to the initial commitment, carried out at the Customer's request, will be the subject of an amendment to the contract. The completion of the service puts an end to the contract between the Client and Sensinov, unless the Client expresses reservations within 14 working days after the end of the mission. Unless explicitly stated otherwise, Sensinov is not obliged to keep any element concerning the Customer and/or the service provided. The intellectual property of the work carried out within the framework of the commissioned service remains with Sensinov, the Client having acquired only the right of use. Sensinov can however, in certain cases, transfer to the Client all or part of its rights on the aforementioned work: reproduction, representation, commercialization, holding, adaptation, translation, and more generally, all exploitation rights. This transfer is subject to a written agreement between the parties. In the particular case of domain names purchased by Sensinov on behalf of its Clients, Sensinov expressly renounces to take advantage of any property privilege linked to this purchase on behalf of its Clients. The transfer of ownership of domain names is made upon simple request to any third party designated by the Customer.
4 – Billing methods
Sensinov provides services either on a fixed price basis, or on a daily or hourly basis. In all cases, a price agreement has been made with the Customer beforehand. In case Sensinov's staff has to travel to the Customer's site in order to perform a service for the latter, the expenses incurred during the travels can be invoiced to the Customer on the basis of a rate per kilometer, to which would be added the eventual expenses for stay and accommodation, on the basis of the real expenses. In the case of multi-year agreements, the rates are revised by right according to the evolution of the index published by the SYNTEC. Any change in rates that is not in line with changes in the SYNTEC rate shall constitute an option for the Client to terminate the multi-year agreement concerned.
5 – Terms and conditions of payment
The deadline for payment is defined in the quote. Any sum not paid after the due date is likely to bear interest at a rate equal to 5%, a rate based on the European Central Bank, with a minimum amount of 40 euros (Decree 2012-115 of 2/10/2012).
6 – Warranty and limitation of liability
Sensinov guarantees that its services are provided with all reasonable diligence and competence, and excludes any other guarantee, express or implied, not explicitly stipulated. Sensinov does not provide any warranty with respect to supplies that are not part of its service, such as services and supplies of third parties. Sensinov cannot be held responsible for damages of any kind suffered by the user or third parties and resulting directly or indirectly from one of its services or the use of one of its software, in particular the loss of data or any financial loss resulting from its use or the impossibility to use it, even if Sensinov has been warned of the possibility of such damages. Sensinov cannot be held responsible for any infringement of French and international laws on intellectual property protection, for any work, modification, or realization made from any element of any kind provided by the Customer, such as texts, photographs, logos, images, graphics, of which Sensinov would not have the exclusive property. In case Sensinov's responsibility is engaged as a result of a failure to respect its obligations, whether on a contractual or extra-contractual basis, or for any other reason, its responsibility is limited to the direct damages suffered by the Customer. Any expertise costs will be shared equally between the Client and Sensinov. Sensinov will in no case be held responsible for any damage, of any nature whatsoever, resulting from: any malfunction of a third party's supply, any use not in conformity with the purpose of any software, service, or performance any case of force majeure such as lightning or power supply failure any fact that can be demonstrated to be outside the scope of Sensinov's responsibilities.
7 – Confidentiality clause
In no case, no information and/or data concerning the Customer can be transmitted, communicated, resold, totally or partially, to any third party. Sensinov commits itself to ensure a total confidentiality of all information and/or data processed within the framework of the services ordered, except in case of legal or judicial obligation. The Customer has the right to access, modify, rectify and delete any personal data concerning him/her, in accordance with article 34 of the French law "Informatique et libertés".
8 – Applicable law and competent jurisdictions
For the execution of the services ordered by the Customer, the parties elect domicile each at the address of its head office or its establishment. These GTC are subject to French law. In case of dispute concerning the application or interpretation of these GTC, the parties agree to seek an amicable solution. Failing that, the courts of the Sensinov head office will have exclusive jurisdiction.
V2_29.07.2020 Sensinov www.sensinov.com email@example.com 231 Rue Pierre et Marie Curie 31670 Labège, France N° SIRET : 81954897500013 N° TVA intra : FR62819548975