The general conditions of sale described below detail the rights and obligations of L'NKBOOT and its customer in the context of the sale of its services. and obligations of L'NKBOOT and its customer in the context of the sale of its services. Any service provided by L'NKBOOT therefore implies the buyer's unconditional acceptance of these general terms and conditions of sale.
These general conditions concern the provision of services between professionals (provider / buyer).
The present general conditions express the entirety of the obligations of the parties of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale prevail over any other document, and in particular over any other document, and in particular on any general conditions of purchase. They apply, without restriction or reserve, to all services rendered by the provider to buyers of the same category.
The Provider and the Purchaser agree that these general terms and conditions shall exclusively govern their relationship exclusively. The Provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are published online.
If a condition for the provision of services is lacking, it shall be deemed to be governed by the practices in force in the distance selling sector, of which the companies to be governed by the practices in force in the distance selling sector whose companies are have their headquarters in France.
The present general conditions of sale are communicated to any buyer who requests them request, in order to enable him to place an order.
The supplier reserves the right to deviate from certain clauses of these terms and conditions negotiations with the purchaser, by the establishment of special conditions of sale. conditions of sale.
The provider can, moreover, establish general conditions of sale by category, derogating from the present general to the present general conditions of sale, according to the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then have these will then see these general conditions of sale applied.
The present general terms and conditions of sale are applicable until December 31 2030.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of services offered by the provider to the buyer. They concern the following services: Bug correction, custom developments, maintenance, advice.
The present conditions only concern services provided in France for buyers located on French territory. on the French territory. For any service performed outside France, or for a buyer located outside France, it is necessary to outside France, it is advisable to indicate it to obtain a specific estimate.
The buyer places his order online, from the payment link received in his intervention ticket when requesting computer troubleshooting or development.
For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. His acceptance will lead to the sending of a confirmation e-mail from the service provider, in accordance with the conditions described below.
Payment can be made by credit card, Paypal account or by direct debit.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular default of payment, erroneous address or other problem on the account, the provider reserves the right to block the order of the buyer until the resolution of the problem.
In case of impossibility of realization of the service, the buyer will be informed by e-mail. by e-mail.
The cancellation of the order of this service and its possible refunding will then be carried out, the rest of the order remains firm and definitive.
For any question relating to the follow-up of an order, the purchaser must call +33 1 84 20 89 46, from Monday to Friday from 9am to 6pm (cost of a local call).
The online provision of the buyer's bank details and the final validation of the order will be considered as proof of the buyer's agreement and will be worth :
- due for payment of the sums due under the estimate issued at the time of our estimate of the work to be carried out;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is of this use, to contact +33 1 84 20 89 46.
The contractual information will be confirmed by e-mail at the latest at the time of the beginning of the execution of the of execution of the services, at the address indicated by the buyer in the order form. order form.
The computerized registers, kept in the computer systems of the provider in reasonable conditions of security, will be considered as proof of communications, orders communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof. proof.
The services governed by the present general conditions are those which appear on the website of the provider and which are indicated as being carried out by the provider or under his control. They are offered within the limits of availability of the provider.
The services are described and presented as accurately as possible. However, errors or omissions in this presentation, the provider cannot be held responsible. the provider cannot be held responsible.
By virtue of the hierarchical and disciplinary authority which it exercises exclusively over its staff, the personnel, the latter shall remain under the effective control of the service provider during the complete execution of the services
The service provider guarantees the regularity of the situation of its personnel with regard to articles L. 1221-10 and following and L. 3246-1 and following of the Labour Code. The service provider also certifies that it is in compliance with the provisions of Articles L. 8221-1 and L. 8221-2 of the Labour Code, relating to the fight against undeclared work, as well as with the provisions of Book III, Title IV of the Code.
During the term of the services and for a period of one year after its completion, the purchaser undertakes not to solicit or attempt to solicit (or assist any other person to solicit or attempt to (or assist any other person in soliciting or attempting to solicit) any employee of the Contractor with whom he has had in the course of the performance of the services. In the event of a violation, the client shall owe to the contractor as a penalty clause, compensation equal to one year's last gross salary of the last gross salary of the person thus dismissed.
Unless otherwise agreed, the price of the services is known in advance, based on the hourly rate multiplied by the number of hour(s) provided for in the estimate, the level of competence and responsibility required; the hourly rates are revised periodically. Travel, subsistence and accommodation expenses incurred in the performance of the services will also be invoiced, if applicable. incurred for the execution of the services. VAT at the current rate shall be added, where applicable, to the fees and disbursements. Delays or other unforeseen problems, which are beyond the control of the control and which are beyond its control, may result in additional fees that may be subject to may result in additional fees that may be invoiced separately. The service provider undertakes to inform the purchaser of these delays and/or problems as soon as they occur in order to to be able to evaluate the consequences with him. Invoices will be issued corresponding to the services services provided and disbursements incurred by provision and as and when they are carried out. Unless otherwise agreed, invoices are issued at each intervention ticket, or in case of agreement at the end of the month. The payment of the invoices is due: upon receipt of the invoice.
In accordance with the law, any delay in payment obliges the service provider to charge penalties penalties. The rate of the late payment penalties is based on the legal rate; in addition, the Moreover, the debtor in delay will be held to pay to the provider a fixed compensation for for collection costs of 40 Euros; in addition, the service provider shall be entitled to suspend the execution of services until the unpaid invoice has been settled in full, without this non-performance being be considered as being attributable to him.
The buyer benefits from the discounts and rebates listed in the service provider's price list, according to the following conditions following conditions: purchase of a time package.
These services are not detachable from the purchase and sale operations, according to the terms and conditions determined between the parties, during the commercial negotiations, according to the nature and volume of the volume of services rendered.
The payment of the order is done via credit card, Paypal account or by direct debit on the bank account of the buyer. The buyer must enter his bank details in the space provided and confirm this entry by adding his bank details as an attachment to the order form. The provider reserves the right to suspend any order management and any delivery of service in case of refusal to authorize payment by officially accredited organizations or in case of non-payment. non-payment.
The provider reserves the right to refuse to carry out an intervention or to honour an order emanating from a purchaser who would not have regulated completely or partially a preceding order or with whom a dispute of payment would be in progress of administration. The provider has set up a procedure verification procedure to ensure that no one uses the bank details of another person for his bank details of another person without their knowledge. As part of this verification, the buyer may be be asked to send, by fax or email, a copy of an identity document and a proof of and a proof of address. The order will then be validated only after reception and verification by the provider of the documents sent.
The price is payable in full and in one instalment, upon receipt. This period will be mentioned on the invoice sent to the buyer, unless otherwise agreed.
Any delay in payment will result in the immediate payment of all sums due to the service provider by the purchaser, without prejudice to any other to the provider by the purchaser, without prejudice to any other action that the provider would be entitled to take against the purchaser in this respect.
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, the homepage, the intervention times will be, within the limits of the provider's availability, those indicated below, those indicated below. The execution deadlines run from the date of registration of the of the order indicated on the order confirmation email.
Interventions are carried out on the same day as the request is received, immediately immediately after validation by the client during opening hours, outside opening hours, interventions are possible but without any guarantee of delay.
In the event of delay, the responsibility of the provider cannot be engaged, and this, for any cause whatsoever. Consequently, no request for compensation, of any nature whatsoever, can be claimed by the be claimed by the buyer.
In case of unavailability of the service provider to perform the service, the buyer will be informed and will have the possibility to cancel his order. The buyer will then have the possibility to ask for the refund of the sums paid within 30 days at the latest of their payment.
The realization is started only after confirmation of the payment by the banking organization of the or validation of the estimate issued in case of payment after intervention.
It is provided immediately after acceptance of the quote.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the service. service.
The purchaser shall ensure that the service provider has access to all the information necessary to the proper conduct of its work, particularly if it is not available quickly to respond to any to respond to any requests from the service provider.
The end of the service will give rise to a summary informing the buyer of the good progress of the of the intervention and the work carried out. The buyer must indicate on the intervention ticket and in the form of handwritten reservations any anomaly concerning the service or the conditions of its realization.
This verification is considered to be carried out and validated as soon as the buyer has proceeded to the payment in the case of payment after intervention. In the case of case of payments before intervention, the verification is considered as validated after three days from the moment when the service provider declares the intervention tiecket as resolved. intervention.
The commitments of the service provider constitute an obligation of means and results at the end of which the services will be carried out in strict compliance with the professional rules in use as well, if necessary, and in accordance with the conditions of the contract. To this end, the service provider will will assign to the execution of the services the professionals equipped with the skills required to ensure their realization in accordance with its standards of quality.
In order to facilitate the proper performance of the services, the purchaser undertakes :
to provide the Provider with complete, accurate and timely information and documents without any obligation on the part of the Provider to verify their completeness or accuracy;
to make decisions in a timely manner and to obtain the necessary hierarchical approvals ;
to designate a correspondent with decision-making powers;
to ensure that the key contacts and the correspondent are available throughout the execution of the execution of the services;
to inform the service provider directly of any possible difficulty relating to the execution of the performance of the services.
Buyer acknowledges and agrees:
that the parties may, unless the other party expressly requests otherwise, correspond or transfer documents documents by electronic mail circulating on the Internet network;
that neither party has any control over the capability, reliability, access or security of such of such e-mails;
that the provider shall not be liable for any loss, damage, expense or injury caused by the loss, delay loss, delay, interception, misappropriation or alteration of any electronic mail caused by any electronic mail caused by any event. In general, the parties parties undertake to comply with the regulations applicable to the protection of personal data and and in particular the provisions of law 78-17 of 6 January 1978 relating to data processing, files and files and freedoms.
Each party undertakes not to disclose confidential information received from the other party. party. Confidential information means information of any kind, whether visual or oral, in any medium, relating to the structure structure, organization, business, various internal policies, projects and personnel of the other party. policies, projects and personnel of each party. Subject to the exceptions set out below, this obligation of confidentiality below, this obligation of confidentiality shall be effective for the following period 1 year following the end of the services. The content of the services, as well as the reports of the services as well as the reports, letters, information, notes, estimates, provided by the provider during the the execution of the services. These documents are communicated to the purchaser for strictly internal use strictly internal use and on the condition that they are not disclosed to third parties or appended to any document that it would be required to produce. If the buyer wishes to have all or part of these documents be disclosed to and/or used by a third party, it must request prior written authorisation in writing to the service provider. The terms and conditions applicable to this disclosure will then be established.
confidential information that is in the public domain, or that was freely acquired before the start of the service;
are or become known otherwise than as a result of a violation of this section ;
are or become known from other sources not bound by a restriction on disclosure ;
or must be disclosed pursuant to a legal or professional obligation or at the request request of any judicial or regulatory authority empowered to require the disclosure of to require disclosure of confidential information.
Subject to its confidentiality obligations, the contractor reserves the right to perform services for the right to perform services for companies competing with the purchaser's company.
In the event that one of the Provider's recommendations or the use of items delivered following one of its recommendations would imply the use of goods, models drawings, photographs, etc. which are subject to intellectual property rights belonging to third parties third parties, the provider will inform the buyer of the existence of these rights and the consequences of their use. It will then be up to the purchaser and under his sole responsibility to take any to take any measure allowing the use of such rights, in particular by negotiating for its own account the rights of use under conditions such that the service provider is able to avail himself of them for the needs of the of the services.
The Contractor may use or develop software, including spreadsheets, documents, databases and other IT tools, for the specific purposes of the services. including spreadsheets, documents, databases and other IT tools.
In some cases, these aids can be made available to the buyer on request. In to the extent that these tools have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs, they are made available to the available to the purchaser for the duration of the contract as is and without any guarantee, for for the sole purpose of use; they may not be distributed, shared or communicated to to third parties, either in whole or in part. This temporary availability shall not entail any transfer of rights transfer of rights or guarantee, whatever the title, to the benefit of the buyer or the third party.
The Provider reserves all right, title and interest in and to :
the original elements contained in the works, documents, memos, consultations, opinions documents, memos, consultations, opinions, conclusions or other procedural documents, etc., produced in the course of the services, including including but not limited to any copyright, trademark and other intellectual property rights relating thereto intellectual property rights relating thereto;
all methods, processes, techniques, developments, and know-how incorporated or not of the services or that the service provider would be led to develop or provide within the within the framework of the services.
The purchaser may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of the copyright protection, the elements designed by the contractor and by the provider and integrated into its work. The purchaser is forbidden to distribute, market, and more generally to make available or grant the use of these same achievements and more and more generally to concede the use of these same elements to third parties without the to third parties without the agreement of the provider.
No party may mention or use the name, designation, trademarks and logos or other names, commercial or otherwise, of the other party without the prior written consent of the latter. of the other party without the latter's prior written consent. As an exception to the above, the service provider may make use of the name, denomination brands and logos of the purchaser during the course of the contract insofar as this is strictly necessary for the to the execution of the services, including in proposals for subsequent services. By Furthermore, the purchaser authorises the service provider, at the end of the performance of the services, to name as a reference and, where appropriate, to include a generic description of the with a generic description of the services provided.
The Contractor shall retain the original documents provided to it and return them to the Purchaser upon request. to the purchaser on request. All documents, data or information, which the purchaser will have provided, will remain its property.
The Contractor shall retain a copy of only those documents necessary for the preparation of his files files.
The working documents prepared within the framework of the services are our property and are covered by professional secrecy.
In the event that a conflict of interest or independence issue arises during the performance of the arise during the performance of the services, the service provider will immediately inform the purchaser and the buyer and will seek with him the most appropriate solution to the situation in compliance with the applicable rules. In particular, if a change in the regulations or professional standards prevents the service provider from the service provider to continue its services, it will make available to the purchaser the results of the available to the purchaser the result of the services as well as all documents necessary for their including its Documents as they stand, in order to facilitate the continuation of the services by a third party.
The entire responsibility of the service provider and that of his collaborators relating to any negligence or misconduct in the performance of the services, will be limited to the amount of the fees paid for the services in question, in order to cover cover claims of any kind (including interest and costs), regardless of the number of the number of actions, the grounds invoked, or the parties to the disputes.
This provision shall not apply to any liability for death or personal injury, or to any injury or any other liability which cannot be excluded or limited by law.
The liability of the provider can only be engaged in case of fault or negligence proven and is limited to negligence and is limited to direct damages to the exclusion of any indirect of any nature whatsoever.
Furthermore, the provider cannot be held responsible in the following cases:
as a result of a failure or deficiency in a product or service for which it or its subcontractors, if any, are not responsible is not the responsibility of the client or any of its subcontractors;
for facts and/or data that do not fall within the scope of the services, and/or that are not an extension are not an extension of it;
in case of use of the results of the services, for a purpose or in a context different from the one in which the context in which he intervened, of erroneous implementation of the recommendations or of failure to take into account of the service provider's reservations.
The Provider shall not be liable to its insurers for consequential damages, loss of profit or expected loss of opportunity or expected profit, nor for the financial consequences of any by third parties against the purchaser.
The provider guarantees the buyer against any lack of conformity of the services and any hidden defect resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault of the buyer.
In any case, in the event that the provider's liability is retained, the provider's guarantee will be limited to the amount paid by the buyer for the provision of the services. provider would be limited to the amount paid by the purchaser for the supply of the services.
The service provider reserves the right to transfer all or part of the execution of the services to service providers who meet the same qualification requirements.
If the service requires special technical skills, the service provider shall inform the purchaser about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the responsibility of the service provider and shall undertake to keep confidential all information of which it becomes aware confidentiality of all information of which it becomes aware during the performance of the services.
All claims, whether amicable or judicial, relating to the execution of the services must be made within one year of the end of the services must be made within one year of the end of the service. the end of the performance of the service.
As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the consumer code. there is no need to apply the right of withdrawal provided by the consumer code.
All circumstances beyond the control of the parties, preventing the performance under normal conditions of their performance of their obligations under normal conditions, shall be considered as grounds for exemption from of the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable parties, unforeseeable, unavoidable, independent of the will of the parties and which prevented by the latter, despite all reasonably possible efforts. reasonably possible. Expressly, are considered as force majeure or fortuitous events, in addition to those in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning floods, lightning, the stoppage of telecommunication networks or difficulties telecommunication networks or difficulties specific to external telecommunication networks of customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months three months, these general conditions may be terminated by the injured party. by the injured party.
If one or more stipulations of the present general conditions are held to be invalid or declared as such or declared as such in application of a law, a regulation or following a final decision of a of a competent court, the other stipulations will keep all their force and their scope. force and scope.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations of the obligations referred to in the present general conditions shall not be interpreted for the be interpreted for the future as a waiver of the obligation in question.
In the event of difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings shall be declared non-existent. and any of the clauses, the titles will be declared non-existent.
The personal data that are collected on this site are the following :
When the user's account is created, the user's name, first name, e-mail address, telephone number, postal address telephone number; postal address; website connection information
when the user connects to the website, the latter records, in particular, his/her name, first name, connection data, use data, usage data, location data and payment data;
The use of the services provided on the website allows you to fill in a profile, which may include an address and address and telephone number;
as part of the payment of the products and services offered on the website, the website records financial data financial data relating to the user's bank account or credit card;
when the website is used to communicate with other members, data concerning the user's communications are communications are temporarily stored;
Cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. services of the website, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user ;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility to communicate with other users of the website ;
- implementation of a user assistance ;
- personalization of services by displaying advertisements based on the user's browsing history, according to browsing history, according to the user's preferences;
- fraud prevention and detection, malicious software and security incident management;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Personal data may be shared with third party companies in the following cases following cases:
- when the user uses the payment services, for the implementation of these services, the website is in with third party banking and financial companies with which it has entered into contracts contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the publicly available information;
- when the user allows a third party's website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purpose of access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal protection of personal data;
- if required by law, the website may transmit data to respond to claims against the website and against the website and to comply with administrative and judicial proceedings ;
- if the website is involved in a merger, acquisition, transfer of assets or receivership, it may be required to transfer or procedure, it may be required to transfer or share all or part of its assets, including personal assets, including personal data. In this case, users will be informed, before personal data is transferred to a third party. to a third party.
The website implements organisational, technical, software and physical security measures to protect personal data from alteration, destruction or destruction. to protect personal data against alteration, destruction and unauthorized access. and unauthorized access. However, it should be noted that the Internet is not a completely secure environment environment and the website cannot guarantee the security of the transmission transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can users have the rights mentioned below, which they can exercise by making their request to the following address to the following address: contact@lnkboot.fr
The right of access: they can exercise their right of access, to know the personal data personal data concerning them. In this case, before implementing this right, the website may request proof of the user's proof of the user's identity in order to verify its accuracy.
The right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated. are inaccurate, they can request that the information be updated.
The right of deletion of data: users may request the deletion of their personal data in accordance with personal data, in accordance with applicable data protection laws. protection laws.
The right to the limitation of processing: users can ask the website to limit the processing of their personal data processing of personal data in accordance with the assumptions provided for by the RGPD.
The right to object to the processing of data: users may object to that their data be processed in accordance with the assumptions provided for in the RGPD.
The right to portability: they can demand that the website gives them the personal data provided to them to a new website.
The website reserves the right to make any changes to this privacy clause at any time. protection clause at any time. If a to this data protection clause, the website undertakes to publish the new version on its the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account. his account.
The present general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise the performance of the services.
If they fail to do so, the parties shall submit the dispute to the competent commercial court.