Legal

Terms and conditions of sale

Article 1 – Company Identification

Kaptan Data Solutions

Headquarters: 10 rue de la grand maison 45200 Paucourt FRANCE

SIRET: 98428393700014

Email: contact@kaptan-data-solutions.app

Article 2 – Purpose

Kaptan Data Solutions (KDS) is a company specialized in the custom development of web applications. These terms aim to define the rights and obligations of KDS and the Client within the framework of the services offered: study, advice, design, realization, development, maintenance, and project monitoring related to new information and communication technologies.

Article 3 – Terms of Sale

Any acquisition of services by KDS implies the total and unconditional acceptance of these general terms of sale. No specific condition may prevail over these general terms unless formally agreed in writing by KDS. The absence of a claim by KDS for any clause of these general terms of sale shall not be interpreted as a waiver of the right to enforce it later.

Article 4 – DATA PROTECTION

4.1 KDS commits to respecting data protection standards in accordance with applicable legislation. We implement appropriate measures to ensure the security and confidentiality of our clients' data.

4.2 We cannot be held responsible for the use our clients make of the data collected and processed in the context of the services provided. Our liability is limited to the securing and proper management of this data within the scope of our services.

4.3 As a service provider, KDS commits to collaborating with its clients to help them comply with data protection regulations. However, our liability shall not be engaged in the event of the use of unapproved third-party services or non-compliance with the guidelines provided for data management.

Article 5 – Liability Related to the Service

5.1 KDS commits to providing software, web, or mobile application development services in accordance with the specifications agreed upon with the client.

5.2 Our liability is limited to the services directly provided by KDS. We cannot be held responsible for defects or issues arising from the use of third-party components or external integrations not supervised by our team.

5.3 KDS cannot be held liable for damages caused by third parties or incidents outside the scope of our services, notably in the case of unauthorized access or data loss.

Article 6 – Client Obligations

6.1 The client commits to providing KDS with all necessary information for the execution of the agreed services. This information must be complete, accurate, and transmitted within the specified deadlines.

6.2 If KDS provides editorial content in addition to the information provided by the client, the client must validate and approve this content before its distribution or use.

6.3 The client is responsible for respecting copyright and the necessary permissions for any content provided to KDS. They guarantee that the elements provided comply with intellectual property laws and do not infringe on the rights of third parties.

Article 7 – Service Prices, Invoicing, Payment

7.1 The prices of services offered by KDS are defined in the quote established and accepted by the client. These prices are exclusive of taxes and are subject to the payment terms specified in the quote.

7.2 The client acknowledges that signing the quote implies acceptance of the prices and payment conditions stated.

7.3 KDS reserves the right to modify its prices after prior notification to the client, except in cases of contractually guaranteed prices for a defined period.

7.4 Price Review – Annual Indexation

The annual indexation of contract fees allows KDS to revise the prices of Contracts once per calendar year within a limit of six percent (6%). This revision also applies beyond the initial duration of the Services during extension periods. In the event of the Client's refusal to accept an increase in billed amounts, the Client may terminate the Contract within thirty (30) days following the date of issuance of the invoice containing the new rates.

Article 8 – Management of Breaches, Payment Defaults, and Termination

8.1 Amicable Solutions in Case of Breaches

In the event of a contractual breach or payment default, the Parties, CLIENT and KDS, commit to seeking an amicable solution. This solution may lead to either the continuation of the Contract or, in the absence of resolution, a mutually agreed termination.

8.2 Termination for Payment Default

In case of persistent payment default despite a formal notice, KDS may terminate the Contract automatically without further formality while retaining the right to pursue remedies for the damage incurred.

Any incident and/or delay in payment at maturity will result in the application of a late payment penalty, as provided by Law 92-1442 of December 31, 1992, art. 3-1 al. 3, equal to one and a half times the legal interest rate on the sums due, as well as the billing of all related financial, administrative, and collection costs, without prejudice to the suspension and/or termination of this contract.

In the event of an amicable settlement, restructuring or judicial liquidation proceedings, temporary suspension of prosecutions, bankruptcy, or similar proceedings, this contract will be automatically terminated without notification as of the decision of the competent Court.

8.3 Termination Procedure for Breach

When a Party fails to fulfill a substantial obligation of the Contract, the other Party may, by registered letter with acknowledgment of receipt, request the first Party to remedy the breach within thirty (30) calendar days. In the absence of remedy, the other Party may terminate the Contract partially or entirely.

Article 9 – Intellectual Property

9.1 Company Ownership

As a general rule, intellectual property created within KDS is considered the property of the company. This applies to software, algorithms, designs, and any other creation developed within the framework of the company's professional activities, unless explicitly stated otherwise in a written and signed contract between the client and KDS.

9.2 Exclusive Ownership of Kaptan Data Solutions

Any source code developed by KDS within the framework of internal or client projects is the exclusive property of KDS.

Article 10 – Domain Name

KDS offers domain name registration and management services for its clients. Registration is done according to the available extensions (.com, .fr, etc.) and is subject to the availability of the chosen name. The company commits to performing the necessary steps for registration but does not guarantee its success. KDS informs the client about the administrative and technical rules of naming. The client is responsible for choosing the domain name and providing the necessary documentation for registration. Prices and payment terms are mentioned in the quote, and payments must be made according to the specified conditions.

Article 11 – Order

KDS services are ordered via a quote or a commercial proposal accepted by the client. By signing the contractual document, the client unconditionally adheres to the general terms of sale. Orders are firm after the legal withdrawal period or after a period of eight days without opposition from KDS. Quotes and proposals are valid for a duration of one month (30 days).

Article 12 – Deadlines

The deadlines for the execution of the services are indicated in the quote accepted by the client. KDS commits to respecting these deadlines to the best of its technical and human capabilities. However, in case of delay, the client cannot claim compensation or a delivery on a specific date from KDS. The client remains liable for the agreed amount.

Article 13 – Taxes

KDS passes on the applicable taxes on the services provided in accordance with current legislation. Prices mentioned in quotes or commercial proposals are exclusive of taxes. Any modification of rates or the introduction of new taxes will be passed on to the services, with immediate effect upon their entry into force, unless otherwise provided by law.

Article 14 – Obligation to Inform

The client commits to informing KDS of any changes related to the information provided within the framework of the services (contact details, legal situation, etc.). This obligation extends to any modification that could influence the proper execution of the services or the performance of the contract. KDS reserves the right to suspend or modify the services in case of erroneous or outdated information from the client.

Article 15 – Confidentiality

KDS commits to treating all information exchanged with the client in the context of the services confidentially. All confidential data, documents, or information shared within the framework of the contract are strictly intended for the execution of the agreed services. The company prohibits any disclosure to third parties without the prior written consent of the client, except as required by law.

Article 16 – Data Protection and Privacy

KDS ensures data protection in accordance with applicable law. The client can exercise their right of access, rectification, and deletion of their data by contacting KDS. The company commits to handling the client's data with the utmost confidentiality and to taking necessary measures to ensure its security and prevent unauthorized access.

Article 17 – Force Majeure

In the event of a force majeure occurrence, KDS is released from its contractual obligations for the duration of the event. Events considered as force majeure include unpredictable external events independent of KDS's will, such as natural disasters, major social conflicts, pandemics, etc. This clause exempts KDS from liability in the execution of services during the period affected by the force majeure event.

Article 18 – Applicable Law and Jurisdiction

These general terms of sale are governed by French law. In the event of a dispute relating to their interpretation, execution, or termination, the parties agree to submit any dispute to the competent court according to French law.

Article 19 – Miscellaneous Provisions

In addition to the above clauses, any particular provision deemed relevant for the general terms of sale of KDS may be added at the company's discretion to clarify specific points not covered by the previous articles, in compliance with current law and good business practices.