These general conditions are intended to regulate the contractual relationship between the Client and Baccana Digital Consulting whose registered office is located at 1 Avenue Henry Dunant, 98000 Monaco, and registered in the Trade and Industry Directory of Monaco under number 15S06591.
1 – SCOPE FOR ALL CUSTOMERS
These conditions of sale and provision of services apply, without restriction or reservation, to all products and services offered by Baccana Digital Consulting.
In the absence of special provisions stipulated in writing, the fact of placing an order (signature of purchase order, commercial proposal or estimate), with Baccana Digital Consulting, implies full acceptance of our general conditions of sale and services.
Our conditions of sale are accessible on the site (www.baccanagroup.com) and will prevail, where applicable, over any other version and over the customer’s own conditions of purchase or others.
The general conditions of sale are intended to define the conditions under which Baccana Digital Consulting makes its services and sales available to the customer. The detailed technical characteristics of each product or developers service are either stipulated on the order form, commercial proposal or the estimate.
2 – CUSTOMER RESPONSIBILITY
The client agrees to sign the binding documents by a person with the capacity to do so.
The customer must take charge of and ensure that any authorizations relating to copyrights or related rights that result therefrom are obtained. All elements transmitted to Baccana Digital Consulting must be acquired by the client, and will be deemed as such.
The information shared by the customer on the website after it is put online is under his sole responsibility. The content of the site is validated by the customer before it is put online.
The client understands to provide Baccana Digital Consulting with fair, good quality data, that complies with the legislation in force. The customer understands to comply with all the legal and regulatory requirements in force.
Whatever the advice given by Baccana Digital Consulting in terms of mandatory information, the client is required to ensure the compliance of the communication tools that he validates, and is therefore solely responsible in the event of erroneous or missing information.
3 – CUSTOMER VALIDATION
When desinging, developping or putting online, the client is invited by the agency to validate the launch of the process.
The purpose of this validation is to verify the conformity of what is presented to him, this then commits him to the acceptance of the product or service delivered insofar as it corresponds to what has been previously approved.
For text content, particular attention must be paid to written information, Baccana Digital Consulting cannot be held responsible for input errors even if they were made by the agency.
The same applies to grammatical or spelling mistakes which, unless otherwise stated (in the context of a correction service for example), remain the responsibility of the client during their proofreading.
The graphic design and design validation stages provide a framework for the implementation of digital or physical media. Any modification subsequent to the validation of a model may result in an additional estimate.
Usually it is a signed document to be returned which acts as validation, however any other explicit mode of communication can act as validation and will constitute as a commitment.
4 – PRINTS
Given the accepted practices in the profession and the technical constraints related to our manufacturing, our Company is not required to ensure the delivery of the exact quantity provided for in the order. The customer is required to accept a tolerance of more or less than 5% of the quantities provided.
5 – PROPERTY
The services and products are the property of Baccana Digital Consulting as long as payment has not been made in full.
Unless otherwise specified, sources are not provided for databases, text creations and/or visual creations.
The client is the owner of all the works produced, in compliance with copyright and intellectual property. Unless otherwise stated, the achievements must retain accredited to the agency, affixed discreetly.
Domain names become the property of the client as soon as the invoices are paid, and the Baccana Digital Consulting agency manages and configures them.
6 – PRICES
The current rates for subscription services are available from Baccana Digital Consulting upon request. In the event of a price increase, the corresponding modification will be notified to the customer 1 month before its date of application. In the absence of dispute by the customer of these new prices, within this period of one month, these will be considered as accepted by the customer in a definitive and irrevocable manner.
The prices of the services for which we have a reseller contract with a public market price, are subject to change depending on the policy of the publisher, the partner agency, the fluctuation of the exchange rate of the currency of origin in which the services are invoiced, and are subject to the general conditions of said services.
7 – DEADLINE AND METHOD OF PAYMENT
The order will be valid upon receipt of the quote, order form or signed commercial proposal. The mode of payment is determined at the signing of the contract or estimate. Unless otherwise specified, the payment period is fixed upon receipt of the invoice. The special conditions related to obtaining a direct debit authorization prevail at the time of transformation of the estimate into an invoice.
In general, payment by direct debit is offered to you by default.
If a deposit is requested, the agency will begin its work from the receipt of it.
Direct debit requires you to complete the direct debit request and authorization. The collection date will be indicated on your invoice. A refused direct debit will automatically result in the invoicing of our bank charges and a flat rate of €15 excluding tax for the processing of the incident in addition to the bank charges for rejection incurred; if the situation cannot be rectified quickly, our general terms and conditions in the event of late payment will automatically apply.
The other methods of payment will be specifically mentioned on your estimate, your contract or your order form.
Cash payment will not give any discount to the customer.
When the order includes manufacturing with a delivery time or sub-contracting in general, the edition of the invoice is made during the validation of the order (and not its delivery).
For services whose completion exceeds 2 months from the initial signature, intermediate invoicing may be established, which will correspond to the volume of work already carried out even if this has not yet resulted in deliverables. In the case of projects (graphic model, web development, etc.), which remain awaiting validation or return to the client, they will be valued as being entirely carried out, and any corrections will be made if they are subsequently requested and done until the final deliverable is completed.
New customer / first order
For a customer with whom we have never worked before, payment of the entire invoice is requested when ordering if he pays by check or bank transfer. With a direct debit authorization, a 40% deposit is requested and the balance is taken on delivery.
For services invoiced only once, a 50% deposit is requested when ordering and the balance upon receipt. Below €200, the invoice can be edited and payable without down payment when ordering.
Subscriptions are drawn by direct debit after sending the corresponding invoice.
For services invoiced only once, a 50% deposit is requested when ordering and the balance upon receipt.
8 – LATE PAYMENT
Any late payment generates a follow-up by registered mail and this automatically entails a fixed fee of €40 excluding VAT automatically billed (art. L441-5 of the Commercial Code), even if no amicable reminder has been received. In the event of an exceptional problem, a first amicable follow-up by telephone, email or post can be carried out free of charge. The late payment interest rate is set at 15% per year.
In the event of a delay or payment incident, Baccana Digital Consulting reserves the right to suspend the performance of its Services with respect to the Client or to restrict the provision of services.
The fact of suspending the services does not exonerate the Customer from payment of all the sums due and the increases applied.
9 – DELIVERY TIME
Delivery times are given for information only. The delay for any reason whatsoever can in no way be invoked as a cause of cancellation and does not entitle you to any compensation or penalty unless otherwise agreed.
10 – TERMINATION
The termination of a contract will always be in writing and does not exempt you from paying the invoice for the current month and previous invoices.
However, some products will have special clauses binding the customer for a specific period.
11 – FORCE MAJEURE
Baccana Digital Consulting will be released from any obligation towards its client, both contractually and extra-contractually, in the event of non-performance of its obligations when this non-performance results from a case of force majeure or a fortuitous event.
Force majeure means any sudden and unforeseeable event, beyond the control of the parties and which makes the performance of its obligations by the Company momentarily and totally impossible. Accepted examples as cases of force majeure, without this enumeration being exhaustive are: fires, floods, epidemics, acts of war or terrorism, failures of energy services or Internet network, network failure public telecommunications, a fact or a decision of a third party when this decision affects the proper performance of the obligations of the Company, any other cause beyond the reasonable control of the Company.
12 – CUSTOMER REFERENCE
The Client authorizes Baccana Digital Consulting to mention his name, or his company name in our commercial documents as references for the purposes of his own commercial promotion. The documents, (maps, brochures, catalogue, etc.), produced by Baccana Digital Consulting, can also be presented to customers, placed on the site, or any other medium for reference unless otherwise stated.
Unless otherwise stated, the websites created by the agency will quote the Baccana Digital Consulting credits on a dedicated page as well as at the bottom of the web pages (with a “dofollow” link).
13 – DISPUTES
These general conditions of sale are subject to Monegasque law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, any dispute settlement will fall within the jurisdiction of the court of Monaco.