ARTICLE 1: General
DATA ART Tunisie , hereinafter referred to as DATA ART Tunisie, is an IT services company, and as such provides IT system development, auditing services, and advice, support, assistance and training.
These General Terms and Conditions of Sale, hereinafter referred to as GCS, specify the terms of the contract between the Customer and DATA ART Tunisie, and express all the obligations and rights of both parties. All services provided by DATA ART Tunisie are subject to these CGV. They may possibly be supplemented and/or modified by specific clauses.
The CGV are permanently available for consultation on the DATA ART Tunisie website. They are subject to change at any time and without notice. The applicable GCS are those in force on the site on the date of the Customer's request (date of the estimate, or date of the order in the event of a service without an estimate).
As soon as he sends an order to DATA ART Tunisie, the Client declares to have full legal capacity allowing him to commit, and declares to adhere without restriction or reservation to these GCS.
ARTICLE 2: Terms of order
The Client may either issue an order or signify its agreement to any quote presented by DATA ART Tunisie.
These acts can be executed by e-mail, post or fax. In some cases, they can be obtained by completing a form available via the Internet.
Any quotation presented by DATA ART Tunisie and signed by the Client takes contractual force. Similarly, any order received by DATA ART Tunisie, dated and signed, is firm and definitive and takes contractual force. If a deposit had been requested, the order is validly received only with the corresponding deposit.
In the particular case of orders taken by Internet, these orders are firm and final upon receipt of the corresponding email, received by DATA ART Tunisie and in copy by the applicant. Payment is due in all cases, unless the requested operation is not carried out. In the latter case, it is the Customer's responsibility to report it immediately to DATA ART Tunisie.
The Customer may exercise his right of withdrawal for a period of fourteen clear days, unless otherwise provided by law. This period begins to run on the date of validation of the estimate, or issue of the order. In the event of exercise of the right of withdrawal, the Customer may request reimbursement free of charge of the sums paid.
ARTICLE 3: Performance of services
DATA ART Tunisie undertakes to carry out, and in accordance with the rules of the art, the service ordered by the Client. Any service not provided for in the contract, or any modification to the initial commitment, made at the Customer's request, will be the subject of an amendment to the contract.
The performance of the service terminates the contract between the Client and DATA ART Tunisie, unless express notification of reservations by the Client within 14 working days after the notification of the end of the mission. DATA ART Tunisie is not required to retain any element whatsoever concerning the Client and/or the service provided.
The intellectual property of the realization carried out within the framework of the ordered service, remains acquired with DATA ART Tunisie, the Customer having acquired only the right of use. DATA ART Tunisie may however, in certain cases, transfer all or part of its rights to the aforementioned work to the Customer: right of reproduction, representation, marketing, possession, adaptation, translation, and more generally, all rights operating. This transfer is subject to a written agreement between the parties.
In the particular case of domain names purchased by DATA ART Tunisie on behalf of its Clients, DATA ART Tunisie expressly waives the right to claim any privilege of ownership related to this purchase on behalf. The transfer of domain name ownership is made on simple request to any third party designated by the Customer, on simple request of the latter.
ARTICLE 4: Invoicing methods
DATA ART Tunisie provides services either on a fixed price basis or on a day-to-day or hourly basis. In all cases, a tariff agreement has been made in advance with the Customer.
In the event that DATA ART Tunisie personnel are required to travel to the Client in order to perform a service for the latter, the costs incurred during travel may be invoiced to the Client on the basis of a rate per kilometer, to which would be added the any subsistence and accommodation costs, based on actual expenditure.
In the case of multi-year agreements, the tariffs are automatically revised according to the evolution of the index published by SYNTEC. Any price change that does not comply with the evolution of the SYNTEC price constitutes a possibility for the Customer to automatically terminate the multi-year agreement concerned.
The detailed prices for any service are available on request from DATA ART Tunisie.
ARTICLE 5: Methods and terms of payment
The price of services is indicated, unless otherwise provided, for cash payment and without discount.
Payment must reach DATA ART Tunisie within ten days of receipt of the invoice. Any amount not paid within thirty days is likely to bear interest at a rate equal to 5%, rate based on the Central Bank, with a minimum amount of 100 dinars (decree 2012-115 of 2/10/2012)
ARTICLE 6: Guarantee and limitation of liability
DATA ART Tunisie guarantees that its service is provided with all the diligence and skill reasonably required, and excludes all other guarantees, express or implied, not explicitly stipulated.
DATA ART Tunisie does not give any additional guarantee with regard to supplies that are not part of its service, such as services and supplies from third parties.
DATA ART Tunisie cannot be held liable in the event of damage of any kind whatsoever suffered by the user or third parties and resulting directly or indirectly from one of its services, in particular the loss of data or any financial loss resulting from its use or inability to use it, even if DATA ART Tunisie has been advised of the possibility of such damages.
DATA ART Tunisie cannot be held responsible for violations of French and international intellectual property protection laws, for all works, modifications, achievements made from any element of all kinds provided by the Customer such as texts, photographs, logos , images, graphics of which he would not have the exclusive property.
In the event that DATA ART Tunisie liability is incurred as a result of a failure to comply with its obligations, whether on a contractual, extra-contractual basis, or for any other reason, its liability is limited to direct damages suffered by the Client. Any expert fees will be borne equally between the Client and DATA ART Tunisie.
DATA ART Tunisie shall under no circumstances be required to compensate for any damages, of any nature whatsoever, resulting from:
- any malfunction of a third-party supply,
- of a use not in conformity with the purpose of any software, service, or delivery
- any case of force majeure such as lightning or disruption of the energy supply
- any fact that can be demonstrated to be outside the scope of DATA ART Tunisie responsibilities.
ARTICLE 7: Confidentiality clause
Under no circumstances may any information and/or data concerning the Customer be transmitted, communicated, resold, in whole or in part, to any third party whatsoever. DATA ART Tunisie undertakes to ensure complete confidentiality of all information and/or data processed within the framework of the services ordered from it, except under legal or judicial obligation.
The Customer has a right to access, modify, rectify and delete any personal data concerning him, in accordance with article 34 of the Data Protection Act.
ARTICLE 8: Applicable law and competent courts
For the performance of the services ordered by the Customer, the parties each elect domicile at the address of their registered office or establishment.
These T&Cs are subject to French law. In the event of a dispute relating to the application or interpretation of these GCS, the parties agree to seek an amicable solution. Otherwise, the courts of the registered office of DATA ART Tunisie will have sole jurisdiction.