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General conditions of sale for website creation and multimedia artistic direction services.

(These General Conditions of Sale or General Conditions of Sale are subject to Federal Decree-Law No. 38 of 2021 on copyright and intellectual property of the UEA)

 

Article 1 – Scope of application

These General Conditions of Sale (CGV) constitute the sole basis of the commercial relationship between the parties.
They define the conditions under which Weim Design represented by Ms. Christel Caratti (“The Service Provider”) provides professional clients who request them, via the Service Provider’s website, by direct contact or via paper, the following services:
Creation / Redesign of E-commerce or showcase websites, banner, landing page.
Creation of a visual identity: logo, graphic charter
Creation of an artistic direction for a brand or an event
They apply, without restriction or reservation, to all Services provided by the Service Provider to its customers, regardless of the clauses that may appear on the customer’s documents, and in particular its general conditions of purchase.
In accordance with current regulations, these General Terms and Conditions are communicated to any Customer who requests them, to enable them to place an order with the Service Provider.
Any order for Services implies, on the part of the Customer, acceptance of these General Conditions of Sale and the general conditions of use of the Service Provider’s website for electronic orders. The information on the Service Provider’s websites and prices is given for information purposes only and can be revised at any time.
In accordance with current regulations, the Service Provider reserves the right to deviate from certain clauses of these General Conditions of Sale, depending on the negotiations carried out with the Customer, by establishing Special Conditions of Sale or quotes.

Article 2 – Purpose

The purpose of these General Conditions of Sale is to define the rights and obligations of Weim design and its Customers. Only the specific conditions set out on the quote signed by the Client, these general conditions and the Commercial Code regulate the conditions of sale of Weim Design services. They will prevail over any contrary clauses and conditions that may appear on other documents emanating from the Client.

 

Article 3 – Price and consistency of the service

All prices are exclusive of taxes. Prices and delivery times are valid for one month from the date of issue of the quote. They are firm and cannot be revised upon ordering if it is placed during this month. The service includes everything explicitly listed in the quote accepted by the Customer. Any service not included in this proposal will be subject to a free additional quote.

 

Article 4 – Order and payment

A deposit of 30% is required upon signing the quote, 30% on progress and the balance upon completion of the service (unless otherwise stipulated in the quote accepted by the client).
Any late payment from the 31st day after the invoice issuance will give rise to late payment penalties calculated according to the legal rules in force. Any professional in a situation of late payment is automatically liable to the creditor for fixed compensation for recovery costs, the amount of which is fixed by decree. When the recovery costs incurred are greater than the amount of this fixed compensation, the creditor may request additional compensation upon justification.
The deposit paid cannot be refunded in the event of cancellation by the Customer after signing the quote.
The current payment method is bank transfer. Any other method of payment requires the prior agreement of Weim Design.
Validation of the order implies the Customer’s full and complete acceptance of these General Terms and Conditions.

 

Article 5 – Case of unsuccessful proposals

Weim Design quotes are free.
The projects presented must be returned to Weim Design in their entirety (digital and paper documents) if they are not accepted and remain the property of Weim Design.

 

Article 6 – Force majeure

Weim Design cannot be held responsible for a deadline not respected due to any fortuitous event or force majeure such as, in particular, any act emanating from a civil or military authority, de facto or right of strike, fire, flood, water damage, storm and lightning, accident, riot, pandemic, attack, non-delivery of documents for the creation or commissioning of the product, any fact attributable to a third party, or other circumstance having an external cause and preventing, directly or through a third party, from meeting said obligations.

Article 7 – Termination clause
In the event of non-performance of its obligations by a party, in particular in the event of non-performance of the service on the part of Weim design or in the event of total or partial non-payment on the part of the buyer, the sale may be canceled automatically for the benefit of the other party. The resolution will take effect 30 days after sending an unsuccessful formal notice.
In the event of total or partial non-payment on the part of the buyer, Weim Design will be entitled to claim restitution of the service or compensation, the deposits received remaining acquired as damages.

 

Article 8 – Applicable law and jurisdiction

These General Conditions are subject to the United Arab Emirates.

Creation of websites

Article 1.1 – Scope of development services, web creation, web marketing
Weim Design undertakes to develop, on its own microcomputers and/or subcontracting, using software and CMS, the website or the elements and Internet components described in the quote.
Acceptance of the quote by the Client signifies to Weim design the Client’s agreement and good understanding of the services and development appearing in the quote.
The source codes, particularly for dynamic websites, remain the property of Weim design and cannot under any circumstances be used or sold for another site by the Client, without the written authorization of Weim Design.
Any study, report, information, quote, specifications, for a fee or free of charge, carried out by Weim design with the aim of providing services to the Client, remains the exclusive property of Weim design. The Customer undertakes not to transmit them.

Content management  back office

The Customer may be granted access to a site manager in order to update its website. Weim design undertakes to encourage this update by the Client in the best possible technical conditions, it being understood that Weim design’s obligation is an obligation of means. It is up to the Client to ensure that all modifications or technical developments that it could consider carrying out on its website by any means other than Weim Design, are possible and compatible with the technical characteristics of the developments carried out by Weim Design. Any modification of the site by the Client does not result in any transfer of ownership to the Client of the computer codes and services produced by Weim Design. The codes and passwords necessary for manager access will be transmitted by Weim design to the Client when the website is published. Please note that any modification subsequent to the site being put online will be subject to an invoice from Weim Design using a content update package or non-quote package. Any intervention by the Client or a third party on the content of the site will release Weim Design from all liability and compliance will be subject to the invoice.

DOMAIN NAME

Weim design only acts as a technical intermediary with organizations for the reservation of domain names, it is therefore necessary to take into account the general conditions of sale of these organizations. The Client remains the sole owner of the domain name. He acknowledges using the domain name in compliance with current legislation and the rights of third parties. The Client undertakes to indemnify, defend and hold Weim Design harmless, against any recourse, damages, liabilities, costs and expenses, arising from the registration of the domain name.

ACCOMMODATION

The Client’s website will be hosted by an internet service provider. The allocated Internet space is guaranteed without advertising. Weim Design will not be held responsible for interruption of service due to suppliers. Hosting services are valid for one year, and renewable by tacit agreement with the host.
Due to the characteristics and limitations of the Internet which the Client declares to know perfectly well, Weim Design cannot be held responsible in particular for:
– difficulties in accessing the hosted system due to saturation of the Internet network, disruptions to the telecommunications network and the influx of Internet users at certain times,
– performance and response time limits for consulting, querying or transferring data, contamination by viruses of data and/or software from the Client, the protection of which is the responsibility of the latter,
– malicious intrusions by third parties on hosted sites, despite reasonable security measures put in place by Weim Design and its suppliers,
– possible damage suffered by the Client’s equipment, these being the entire and sole responsibility of the latter, possible misappropriation by third parties and through the fault of the Client of passwords, confidential codes, and more generally of any information of a sensitive nature for the Client.

E-MAIL

Weim Design offers, via the services of the access provider, to open emails on behalf of the Client (electronic mail). The Customer acknowledges being entirely responsible for the content of the emails he sends and undertakes to respect the legal conditions of use of email services.

SEO

Weim Design is committed to using natural SEO optimization techniques for search engines; however, it does not guarantee the result of the positioning of the website pages based on the keywords. Weim Design having no control over search engine algorithms is therefore only bound by an obligation of means.
Before any SEO work, Weim Design carries out an SEO analysis of the Client’s website. This preliminary audit phase leads to personalized recommendations using, among other things, specific tools specific to Weim Design or external to them.

Article 1.2 – Specifications
The Client undertakes to quickly provide specifications with all the elements necessary for the smooth running of the project (text, appointments, documents, photos, etc.). It is only after possession of these specifications that the project will start. In the event that modifications involve a substantial rearrangement of the initial specifications, these will be invoiced in addition to the initial estimate.

Article 1.3 – Collaboration between the parties
Each party undertakes to actively collaborate to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties of which they become aware, as they arise, to enable the other party to take the necessary measures. The Service Provider informed the client that the successful succession of services was based on this necessary active collaboration. If the need arises, the Client may appoint a project manager or set up a monitoring committee responsible for monitoring the progress and completion of the project. The parties are bound by an obligation of good faith.

Article 1.4 – Confidentiality
Weim Design and the buyer undertake to keep confidential information and documents concerning the other party, of whatever nature, financial, technical, social or commercial, to which they may have had access during execution. of the service.
The previous provision does not prevent Weim design from being able to state in its advertisements or commercial documents or commercial offers all orders placed, with the possibility of mentioning the company name of the buyer, the subject of the order and its Rising. This possibility does not give Weim Design any rights over the buyer’s brands other than those previously mentioned.
In accordance with the “Informatique et Libertés” law of January 6, 1978, amended in 2004, you have the right to access and rectify information that concerns you, which you can exercise by contacting [email protected]
Article 1.5 – Delivery
Delivery times are linked to the client’s ability to provide service providers with the content necessary for the smooth running of the project.
Delivery and document availability times are given for information purposes only and do not constitute a commitment by Weim Design. Notwithstanding this reservation, Weim Design will do everything in its power to respect the deadlines it may indicate.
Technical constraints encountered during the creation of a website by Weim Design which could lead to a modification of the specifications will not be a reason attributable to Weim Design which undertakes to offer an alternative solution.

Article 1.6 – Revenue
After carrying out the tests, the site will be put online and the parties will carry out a compliance check of the site in relation to the specifications. A receipt report will be drawn up which must be signed by both parties on which the customer must include any reservations.

Article 1.7 – Intellectual property and commercial notices
The client company acknowledges and assumes full responsibility for the choices made in terms of textual and iconographic content appearing in the entire production, subject of this order, and acknowledges having read the laws on intellectual property and the penalties that may apply. be incurred for their violation.
Unless explicitly stated otherwise by the Client, Weim Design reserves the right to include in the creation a commercial notice clearly indicating its contribution, in the form of a statement such as: “Weim Design Project”.

Article 1.8 – Ownership of production
Any element provided by the Customer remains its property.
Any element modified by Weim Design and provided by the client is the property of the Client with regard to the initial element, and the property of Weim Design with regard to the modifications, if they are programming elements .
In the event that the client has not provided a visual identity (logo, graphic charter) for the good visibility of its site, Weim Design will offer one which will remain its property unless the client makes a purchase request. Otherwise, Weim Design may remove its creations from the content without any compensation on its part. Let us understand that the provision of a visual identity allows the client to have a period of time to provide one or ask Weim Design to provide one. This provision is free for a period of one year from the date the site is put into service. Please note, there will be no way to rent this visual identity but simply an option to purchase.
By extension, the visual identity present on digital and printable media will remain the property of Weim Design for a period of one year from the creation of the media.
Any computer programming and/or creation is made available to the Client on the basis of a right of use. The Client is prohibited from copying or authorizing the copying of the programming. The provision of computer programming and/or creation by Weim Design to the Client does not result in the transfer of an intellectual right or property right.
The mention Weim Design with the link to the site “www.weimdesign.net” must be maintained on each page of the site, unless the site is completely redesigned by another company or at a justified request from the client.
Ownership of the computer codes or creation source files remains with Weim Design, which transfers the right of use to the buyer. Consequently, any use of the source code by a third party may result in a claim for compensation from Weim Design, the amount of which may be set by Weim design depending on the extent of this use. This clause includes source files, database configuration and settings and any other type of files related to the application. All the elements constituting the skeleton of the site (photos, images, logos, modeled elements, etc.) as well as the technological elements (software creations, administrative back office, services offered, etc.) are protected by copyright. In accordance with the provisions of article L. 122-4 of the Intellectual Property Code, any reproduction of partial or total content of the site is prohibited, whatever its form (reproduction, nesting, distribution, etc.).
Direct links established to downloadable files (whatever their format) present on the Weim Design website are also prohibited. If you wish to establish a link with the Weim design site and before any implementation thereof, please contact Weim design before any establishment of the link pointing to our site or its content.

Article 1.9 – Guarantees and responsibilities
Weim Design is only bound by an obligation of means. Consequently, it undertakes to implement, taking into account the current state of its operating methods and the price paid by the customer, reasonable means to achieve a result that is as reliable as possible. Weim Design will implement all necessary precautions for the storage and handling of documents and catalogs specific to distribution. It cannot be held responsible for any loss, damage or destruction, whatever the causes. Weim Design will in no way be held responsible for reports, fines, refusal to operate on site, regardless of third parties.
The Client will bear all risks relating to the operating method in the event of non-compliance with company policy. The Client undertakes to provide Weim Design with all the information necessary for the smooth running of the missions to be carried out and to inform it of any event likely to interrupt distribution operations within a maximum period of 7 days from the date of order taking by registered letter with acknowledgment of receipt.
As a seller of IT services, Weim Design remains bound by an obligation to provide advice. This gives Weim design the right to refuse or interrupt the service, from the moment the Client no longer submits to the advice provided by Weim Design and express it by email. This obligation to provide advice cannot be assimilated to an obligation to achieve results given the diversity of potential clients and their respective knowledge of IT. This obligation will be considered fulfilled from the moment the Customer has expressly accepted the quote.
The Client undertakes to provide all the information necessary for the execution of the contract (access codes to the FTP server, database server, site administration panel, etc.) as well as the modifications made to its site (content, change of host or server, etc.) within 10 days. The Client undertakes not to carry out any referencing process (manual or automatic) and no internal or external process aimed at obtaining a referencing service during the period of the service.
The Client has been informed that referencing is dependent on numerous parameters that Weim Design cannot completely control. Weim Design is bound by an obligation of means.

Article 1.10 – Right of publicity
Unless explicitly stated otherwise by the Client, notified by email, Weim Design reserves the right to mention its creation for the client company as a reference in the context of its commercial prospecting, external communication and advertising efforts. The client company, represented by the signatory of this order, authorizes Weim Design to use the creation for purely demonstrative purposes. This authorization extends more particularly to the public presentation of the work in photos or videos, and to the public presentation of the textual or iconographic content of the work.

2 -Natural or organic referencing service (SEO)

Article 2.1 – Scope of referencing services
Weim Design undertakes to advise and help the client on the best SEO strategy to adopt (description, keywords, optimization of titles and page texts, etc.) in order to obtain optimal SEO quality by using all their knowledge of web referencing.
It is with this in mind that Weim Design is committed to supporting its clients throughout the service through total transparency and clear and precise information.
Acceptance of the quote by the Client signifies to Weim Design the Client’s agreement and good understanding of the services.

Article 2.2 – Guarantees and responsibilities
Weim Design is only bound by an obligation of means. Consequently, Weim Design undertakes to strictly respect the technical and editorial criteria imposed by the search tools and to follow its natural referencing methodology.
Weim Design is committed to working in total transparency with its clients and to communicating the figures it has.
This obligation to provide advice cannot be assimilated to an obligation to achieve results given the diversity of potential clients and their respective knowledge of IT. This obligation will be considered fulfilled from the moment the Customer has expressly accepted the quote and/or the order form.

Article 2.3 – Customer obligations
In addition to the obligation of collaboration defined in article 2.4, the Client undertakes to pay the agreed amounts when due.
The Client undertakes, unless Weim Design fails, not to contact other SEOs.
The Client further undertakes to maintain the agreed SEO budget, maintain the content of its site in compliance with the laws and other regulatory texts in force and to communicate the results (appointments, etc.)

Article 2.4 – Collaboration between the parties
Each party undertakes to actively collaborate to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties of which they become aware, as they arise, to enable the other party to take the necessary measures. Weim Design informed the Client that the successful succession of services was based on this necessary active collaboration. If the need arises, the Client may appoint a project manager or set up a monitoring committee responsible for monitoring the progress and completion of the project. The parties are bound by an obligation of good faith.

Article 2.5 – Respect for competition
Weim Design is firmly committed not to harm competition under any circumstances nor to denigrate or use a competitor’s brand.
Consequently, Weim design reserves the right to refuse the realization of a request, made by the client, likely to harm a competitor, with the aim of improving its referencing, and this, without this refusal being able to be likely to incur liability for any reason whatsoever.