Preamble
01These terms and conditions of sale govern exclusively the contractual relationship between O2Code SAS, registered with the Marseille Trade and Companies Register under number 941 272 577, whose registered office is at 55 rue Grignan, 13006 Marseille (the “provider”), and any client acting for professional purposes (the “client”).
Any order of services implies unreserved acceptance of these Terms, which take precedence over any other document, unless prior written derogation.
By ordering a service, the client confirms that it acts in the course of its business. Agency services governed by these terms are not offered to consumers acting for personal purposes.
Article 1 – Purpose
02These terms cover the agency services listed below. SaaS products are governed by their own subscription terms and management activities by separate mandates or agreements.
- Website creation and redesign
- Custom software development
- Automation services
- Digital strategy consulting
- Digital transformation support
- Data scraping and research
Article 2 – Quote and Order
032.1 Quote
Every project is subject to a detailed free quote, prepared by O2Code and sent to the client. The quote is valid for thirty (30) days from the date of issue.
2.2 Acceptance
The order is deemed firm and final after signing of the quote by the client and payment of any deposit. Any subsequent modification requested by the client may be subject to an additional quote.
2.3 Specifications
For complex projects, detailed specifications may be drawn up jointly between O2Code and the client. This document forms an integral part of the contract.
Article 3 – Prices and Payment Terms
043.1 Prices
Prices are expressed in euros excluding taxes (HT) and are valid at the date of the quote. They may be revised in case of substantial modification of the project requested by the client.
3.2 Payment Terms
Unless otherwise specified, payment terms are as follows:
- 50% deposit on order
- 50% on delivery
3.3 Payment Methods
Payments can be made by bank transfer or credit card. Invoices are payable upon receipt, unless otherwise stated.
3.4 Late Payment
Any amount unpaid when due automatically incurs, without prior notice and from the day after the due date, late-payment interest at three times the French legal interest rate. A fixed €40 recovery charge is due for each unpaid invoice. Where actual recovery costs exceed €40, O2Code may claim additional compensation upon evidence.
Article 4 – Provider's Obligations
05O2Code undertakes to:
- Perform services in accordance with the quote and specifications
- Meet agreed deadlines subject to good cooperation from the client
- Inform the client of project progress
- Ensure confidentiality of transmitted information
- Provide work in accordance with professional standards
O2Code cannot be held responsible for delay or non-performance resulting from force majeure or client default.
Article 5 – Client's Obligations
06The client undertakes to:
- Provide all elements necessary for project completion
- Respect validation deadlines
- Designate a single point of contact
- Pay invoices on agreed due dates
- Guarantee ownership of rights to provided content
Article 6 – Intellectual Property
076.1 Copyright
O2Code remains the owner of intellectual property rights until full payment of amounts due.
6.2 Transfer of Rights
After full payment, necessary exploitation rights are transferred to the client within the limits provided in the quote.
6.3 Right of Reference
Unless written objection, O2Code may mention the project in its references.
Article 7 – Warranties and Maintenance
087.1 Warranty
A thirty (30) day warranty is granted from delivery to correct malfunctions.
7.2 Maintenance
Maintenance services may be offered through a separate contract.
Article 8 – Confidentiality
09The parties undertake to preserve the confidentiality of information exchanged during the contractual relationship and for five (5) years after its termination.
Article 9 – Termination
10In case of serious breach, the contract may be terminated fifteen (15) days after formal notice that remains unaddressed.
In case of termination attributable to the client, services performed remain due.
Article 10 – Liability
11O2Code's liability is limited to the total amount paid by the client.
No indirect damage may be claimed.
Article 11 – Force Majeure
12Neither party may be held liable in case of force majeure preventing contract performance.
Article 12 – Personal Data
13Data is processed in accordance with GDPR and our privacy policy.
Article 13 – Disputes
1413.1 Applicable Law
These Terms are subject to French law.
13.2 Amicable Settlement
The parties shall seek an amicable solution before any legal action.
13.3 Jurisdiction
The courts of Marseille have sole jurisdiction.
Article 14 – Modifications
15O2Code reserves the right to modify the Terms at any time.
Effective Date
16Last update :