FaouëtInformatique

General Conditions of Sale

at 31/10/2024

Please note: This is an automatic translation, and may be inaccurate. In case of any confusion, please use the definitive French version of this document

Article 1 – Definitions

• SERVICE PROVIDER means Mark BERTHELEMY, sole trader, whose registered office is: 14 Bourgeal, 56560 GUISCRIFF, Tel: 06 62 64 66 57, Email: mark@berthelemy.net, SIREN No.: 848 166 443
• GTC means these General Terms and Conditions of Sale.
• CLIENT means the beneficiary (who has the status of an individual as a natural person) of the services provided by the service provider.
• SERVICE(S) means all the services marketed by the service provider.
• INTERVENTION means all the means implemented to carry out the requested service.
• INTERVENER means the technician who intervenes on behalf of the service provider and who carries out an intervention.
• EQUIPMENT(S) means the computer hardware (PC towers or laptops, Tablets, Smartphones, ADSL BOX, Peripherals) and software (Operating systems, office automation, antivirus, miscellaneous) of the customer concerned by the service.
• HOME means the place where the customer is located to perform the service.

Article 2 – Purpose

The service provider is an IT support company that offers services intended to meet the needs of a private or professional customer wishing to benefit from an intervention.

Article 3 – Acknowledgement and acceptance of the General Terms and Conditions of Sale

• The purpose of these General Terms and Conditions is to define the conditions and terms according to which the service provider delivers its services. These General Terms and Conditions are brought to the attention of the customer either via the Service Provider's website: https://faouetinformatique.net/conditions, or attached by the service provider in the appointment confirmation email sent to the customer, or attached in the invoice or quote sent to the customer by email.
• Any request for a quote or order for an intervention implies, for the customer, their full and complete acceptance of these General Terms and Conditions which are brought to their attention, even if they have not affixed their signature.

Article 4 - Services offered

• Fault diagnosis, IT assistance, multimedia assistance, virus removal, hacking assistance, computer installation, Internet box installation, printer installation, installation of connected objects, creation of websites, IT advice and training.
• All services offered are accessible on the Service Provider's website: https://faouetinformatique.net/services and billed at the current rate (see article 7).

Article 5 - Location and duration of the Interventions

• Home services are limited and intended for an intervention within a maximum perimeter of 15 km around the city of Le Faouët.
• The duration of the services is carried out according to those ordered. The customer may interrupt a service in progress at any time; however, he remains liable for payment of the price set by these General Terms and Conditions.

Article 6 - Limit of interventions

6.1 - Equipment belonging to the customer

The services can only be carried out on equipment belonging to the customer. The latter expressly guarantees that the equipment presented for the intervention is his full and entire property. The use of the equipment requires the use of various software, in the broad sense (operating systems, office software, anti-virus software, parental control software, etc.) which must have been legally acquired by the customer.

6.2 - No sale of computer products and hardware troubleshooting

While the service provider can provide advice or recommendations on the acquisition of a computer product (hardware or software), it does not sell any. It also does not provide hardware troubleshooting (hard drive, screen, motherboard, keyboard, battery, etc.), but only software troubleshooting.

6.3 - Intervention within the framework of a maintenance or warranty contract with a third party

Prior to any order for an intervention, the customer must personally ensure that the service provider's intervention is not incompatible with the maintenance or warranty contract(s) that it may have taken out on its equipment with third parties. The service provider cannot be held responsible for the loss of the maintenance or warranty contract taken out by the customer on its equipment with third parties.

Article 7 - Rates of SERVICES

7.1 - Free quote

The customer can request a quote prior to any intervention. It will be sent by the service provider by email. This quote is free and valid for one month.

7.2 - Current rate

• All services referred to in Article 4 are invoiced at the rates described at the address: https://faouetinformatique.net/services.
• In accordance with Article 293B of the General Tax Code, the service provider is not subject to VAT; VAT is therefore not applicable to the rate above libel excluding taxes.

7.3 - Home travel expenses

Travel expenses are free for any intervention in the city of Le Faouët, within a maximum of 15km from the center of Le Faouët.

7.4 - Updating prices

The services offered are provided at the prices in effect when the order is registered by the service provider. The service provider reserves the right to modify its prices at any time; current orders will not be affected by price updates.

Article 8 - Formation of the contract

8.1 - By telephone

The customer calls the service provider to place an order for a service at the following telephone number: 06 62 64 66 57. During the telephone call, the customer and the service provider set the conditions of the Intervention (customer identity, location, date and time, requested services and associated prices). The client verbally consents to the terms of the intervention, the sale of the services being then considered final.

8.2 – By email

The client sends an email to the service provider to order the service at the following address: mark@berthelemy.net . During the electronic conversation, the client and the service provider set the terms of the Intervention (client's identity, location, date and time, requested services and associated rates). The client consents to the terms of the intervention, the sale of the services being then considered final.

8.3 – Quote

In the event that the estimated amount of a service is greater than €100, the service provider will send a quote to the client. The client accepts the quote, firmly and definitively, by adding the words "Good for agreement", the date and his signature. Upon receipt of this (by mail, email or in person) by the service provider, the sale of the service is considered final. In the event of a request for modifications, the service provider will send a new quote subject to the customer's acceptance.

Article 9 - End of the contract

Once the service has been performed by the service provider, the service will be completed; any new request from the customer will give rise to a new contract, invoiced at the current rate (see Article 7).

Article 10 - Right of withdrawal

10.1 - In the event of an urgent request by the customer

The customer is informed that he does not have a right of withdrawal, because in accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency.

10.2 - In the event of a non-urgent request by the customer

• The customer is informed that, in accordance with Article L. 121-21 of the Consumer Code, he has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely under the conditions set out in Article 8. This period starts from the day the contract is formed.
• The customer must inform the service provider of his decision to withdraw by sending him the withdrawal form available at the end of these General Terms and Conditions, before the expiry of the period, via the service provider's website or by email or by post, expressing unambiguously his wish to withdraw. Proof of the exercise of the right of withdrawal is the responsibility of the customer.
• In accordance with Article L. 121-21-5 of the Consumer Code, if the customer wishes the performance of a service to begin before the end of the fourteen-day withdrawal period, the Service Provider shall collect his express request on paper or on a durable medium; in this case, the customer cannot benefit from this right of withdrawal.
• If the customer wishes to exercise his right of withdrawal during an intervention by the service provider, the customer must pay the amounts due that precede the exercise of his right of withdrawal (see Article 7: Price of services).
• The right of withdrawal does not apply to services that have been fully performed.

Article 11 - Modifications or cancellation of an order by the customer

• Any modifications or cancellation of the order by the customer may only be taken into account by the service provider within the limits of its possibilities and provided that they are notified to the service provider (by email or telephone) at least 24 hours before the scheduled time for the provision of the services ordered. Where applicable, they will give rise to the establishment of a new quote and a price adjustment.
• The services ordered by the customer will be provided within the time period agreed upon at the address indicated by the customer when ordering. The service provider undertakes to endeavour to provide the services requested by the customer within the time periods specified above. However, these deadlines are t communicated for information purposes only; any possible overrun shall not give rise to any damages, interest or cancellation of the order by the customer. If the services ordered have not been provided within 48 hours after the date specified in the customer's order, for any reason other than force majeure or the customer's actions, the sale of the service may be cancelled at the customer's request.

Article 12 - Reasons for cancellation or termination of an intervention at the initiative of the service provider

The service provider reserves the right to refuse an intervention requested by the customer or to terminate an intervention in progress at the customer's home if:

• the conditions of intervention do not comply with these General Terms and Conditions or are different from those that had been predefined when making the appointment by telephone or by online booking;
• the customer does not have the licenses to use the software belonging to them; however, the service provider is not obliged to obtain a copy of the licenses before any intervention;
• the service provider judges that the trip to the client's home or that the conditions of intervention risk endangering his safety or that of the client;
• an unforeseen or accidental event or force majeure partially or totally limits access to the client's home. In all these cases and when the service provider has traveled to the client's home, a fixed amount of €50 for compensation will be entirely due by the client.

Article 13 - Invoicing and payment of SERVICES

13.1 - Invoicing

Following the intervention of the service provider, an electronic invoice is sent by email to the client as soon as possible.

13.2 - Payment

• Payment for a home intervention, including the cost of the services and travel expenses if applicable, is paid in full at the end of the intervention, directly to the service provider. The following methods of payment accepted are: bank cards, bank checks, bank transfers and cash.

13.3 - Late payment and recovery costs

In the event of late payment, the customer will be charged a late payment penalty of an amount equal to the total amount due, increased at the interest rate of 4.92% (the legal interest rate in the 2nd half of 2024), pursuant to the provisions of Article L. 441-6 of the French Commercial Code. This increase is calculated on the amount of the amounts due and on the number of days of delay, from the payment deadline shown on the invoice. Late payment penalties will be acquired automatically and by operation of law by the service provider, without any formality or prior formal notice, without prejudice to any other action that the Service Provider would be entitled to take, in this respect, against the customer. The service provider's recovery costs for unpaid invoices are entirely the responsibility of the customer, with a fixed compensation of €40 in addition to the late payment penalty.

Article 14 - Customer obligations

• The customer will cooperate in the performance of the services. The customer will provide on time, all the data and information necessary for the performance of the services. The customer undertakes to allow the performance of the service according to the agreed day and times. He undertakes to notify the service provider of any absence or non-compliance with the schedules as soon as possible and at least 24 hours in advance.
• Before any intervention, the customer is supposed to have backed up on an external medium (CD, DVD, external hard drive, USB key, etc.) all files and software present on the computer's hard drive and on the peripherals. At the customer's request, this backup may be carried out by the service provider at the current rate (see article 7).
• The customer undertakes to keep available all the technical documentation of its equipment or the administrative papers necessary for the performance of the services.
• The customer undertakes to establish and maintain an optimal environment so that the service provider can intervene in the best possible conditions.
• The customer assumes all costs, whatever they may be, relating to the performance of the services (electricity costs, Internet connection or wear and tear of computer consumables, use of paper, envelopes, postage of mail, etc.) which will remain the responsibility of the customer.

Article 15 - Obligations and liability of the service provider

The service provider only contracts an obligation of means in the performance of the services and undertakes to implement all means to ensure, in optimal conditions, the services to the customer.

15.1 – Exclusions of liability

The service provider may not be held liable for any delay or non-performance of services if the cause of the delay or non-performance is due to a case of force majeure or an unforeseeable event, such as as defined by the case law of the French courts. The service provider cannot be held liable in the event of a fault on the part of the customer or in the event of a handling error by the customer or non-compliant use of its equipment. The customer remains responsible for the data present on its computer installation. In the event of total or partial loss of data of any kind, the service provider cannot be held liable for any direct or indirect damage, material or immaterial, relating to this data. The customer accepts that the intervention of the service provider on one of its equipment is likely to result in a breach of the manufacturer's warranty and/or the supplier from whom the customer purchased its equipment, a warranty which is not replaced by any warranty from the service provider.

15.2 – Warranty of services

• The services only benefit from a warranty against hidden defects, namely defects hidden by the service provider which would make the customer's equipment unfit for the use for which it is intended. However, the customer may only take action against the service provider on the condition that these hidden defects are due solely to the intervention of the latter and not that they are pre-existing. The hidden defects guarantee does not apply to any other problem that may appear after the departure of the service provider. It is up to the customer to provide proof of the hidden defect.
• In order to assert his rights, the customer must inform the service provider in writing or by email of the existence of hidden defects within a maximum of 24 hours from the execution of the services, under penalty of forfeiture of any action relating thereto.
• If the service provider must return to the customer for the application of the guarantee, and the problem is due to the customer, the guarantee does not apply and the customer will have to pay a flat rate of €45 for the travel of the service provider.

15.3 - Limitation of compensation

Generally speaking, in the event that the service provider's liability is incurred as a result of the non-performance or poor performance of the contract, or for any other cause attributable to the service provider, compensation for the total loss will be limited to the direct loss suffered by the customer, without exceeding the amount of the sums that will have been invoiced to him under these General Terms and Conditions.

15.4 - Insurance

The service provider has taken out professional liability insurance with: MMA IARD Assurances Mutuelles - 72030 le Mans CEDEX 9, to cover damage that may be caused during the interventions.

Article 16 - Privacy Policy

Our privacy policy explains how we use your personal data, so that you know what information we collect, how we use it and in what circumstances.

16.1 - What type of personal information do we collect?

The type of personal data collected are: name, first name, postal address, telephone number, email, payment method and intervention history.

16.2 - How do we collect personal information?

We collect your personal information through our website, when sending a message via our contact form or when booking online. By telephone or email when making an appointment or requesting information.

16.3 - Why do we collect this personal information?

We collect this personal information:

1) To provide and operate our services 2) To manage our customers and prospects 3) For marketing and commercial purposes 4) To request an opinion on our services 5) To comply with the laws and regulations applicable in France.

16.4 - How do we store personal information?

• At the service provider, personal information is securely stored in accounting software and in a contact manager.
• Our website is hosted on the PlanetHoster platform which allows us to offer our services on the Internet. Your data is not stored on my website.

16.5 - How long is your data stored?

Your data is kept for the entire duration of the commercial relationship. It can be used for commercial prospecting purposes, for a maximum of 5 years from the end of this commercial relationship. Accounting documents and records, such as quotes and invoices, are kept for 10 years.

16.6 - How do we use cookies and other tracking tools?

Our website uses Piwik Pro and Cal.com which uses cookies for important reasons, such as:

• Offer a better experience to our visitors and customers
• Identify our members registered on our website
• Make an appointment online on our site.
• Monitor and analyze the performance, operation and efficiency of the platform
• Ensure that the platform is secure.

You can view the privacy policy of cal.com here:

https://cal.com/privacy

Our website https://faouetinformatique.net may contain links to other websites. We are not responsible for their privacy policies.

16.7 - How can you exercise access to your personal data?

• In accordance with the law "Informatique et Libertés", you can exercise your right to access data concerning you and have it rectified or deleted by sending an email to: mark@berthelemy.net . The service provider has 30 days to implement your request.

16.8 - Updating our privacy policy

We reserve the right to modify this privacy policy at any time, so we invite you to consult it frequently. Changes and clarifications will take effect as soon as they are published on the website. Our customers will be informed by email in the event of significant changes.

Article 17 - Complaints and Disputes

17.1 Complaints

In the absence of reservations or complaints expressly issued by the customer upon receipt of the services, these will be deemed to comply with the order, in quantity and quality. The customer has a period of 24 hours from the completion of the services to issue in writing on paper or by email, such reservations or complaints, with all supporting documents, to the service provider. No claim may be validly accepted in the event of non-compliance with these formalities and deadlines by the customer. Any claim concerning a service must be made to the contact details appearing in the header of these T&Cs.

17.2 Disputes

• In the event of a dispute arising from the interpretation or execution of these T&Cs, the service provider and the customer will endeavour to find an amicable settlement directly between them.
• Failing this, in accordance with Article L.612-1 and R.616-1 of the Consumer Code, the customer may have recourse free of charge to a consumer mediator through the mediation service: CNPM - MEDIATION - CONSOMMATION by clicking on the following link: http://cnpm-mediation-consommation.eu or by post by writing to: CNPM - MEDIATION - CONSOMMATION, 23 rue Terrenoire, 42100 SAINT ETIENNE.