1 – Parties to the contract
Webolabs registered in Morocco under the TP n°29002382 in Salé, specialized in the provision of services such as Design and realization of visual identity and graphic elements of websites, consulting, coaching and unregulated training including branding, communication and digital, realization of websites, and SEO. The present terms and conditions govern the relationship between Webolabs, hereinafter referred to as “the Provider”, and any individual or legal entity having used the skills of Webolabs, hereinafter referred to as “the Customer”.
2 – Scope and generalities
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the sale of products or services performed by the Provider for its Customers in the context of its business activity of graphic design and website creation. All the characteristics of its services are detailed on the site accessible at the address ” www.webolabs.com “.
Only the particular conditions stated if necessary, in the estimates, purchase orders or commercial proposals, in the present general conditions and in the commercial code, regulate the conditions of sale of the products and services of the Provider. They shall prevail over any contrary terms and conditions that may appear on documents issued by the Customer.
The Service Provider reserves the right to modify its terms and conditions of sale, packages and prices at any time and without notice. Such changes will not affect any orders in progress.
The Provider reserves the right to pass on any new tax or any increase in the rate of existing taxes without notice.
If the Customer is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides.
The Customer using the services of Webolabs acknowledges having read and accepted without reservation the following general terms and conditions of sale, as well as the warnings set out in the Extract of the law n° 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) of the rights of the authors concerning the laws of the intellectual property. Upon placing an order, any oral or written agreement with Webolabs implies the Customer’s unreserved acceptance of these terms and conditions of sale.
The Provider undertakes to develop, on its own computers and software, in its premises, the website or the elements described in the quotation or the commercial proposal.
The source codes remain the property of the Provider and may not be used for another website or sold by the Customer without the written permission of the Provider. Any study, report, written information, quotation, specifications, whether for a fee or free of charge, made by the Service Provider for the purpose of providing services to the Customer, shall remain the exclusive property of the Service Provider. The Customer agrees not to transmit them.
3 – Commitment of the parties
Generally, the Customer and the Service Provider agree to cooperate actively to ensure the proper performance of the Agreement. Each party undertakes to communicate any difficulties of which it may be aware, as they arise, to enable the other party to take the necessary measures.
3.1 – Responsibility and commitment of the Customer
To enable the Service Provider to perform its mission, the Customer agrees to :
Establish a detailed specification that will not be modified, unless agreed by the parties, after it has been approved by the Service Provider. In the event that changes involve substantial reworking of the initial scope of work, such changes will be charged in addition to the initial payment.
Provide the Service Provider with the purchase order/quotation (dated, signed and stamped if possible), marked “Good for approval” which certifies that the Customer has read and accepted these terms and conditions.
To provide all the graphic and textual documentary elements necessary for the good realization of the contract, in particular in the good exploitable formats according to the targeted supports (documents, logos, attestations, server access, information for the transfers of mails, digital supports and others).
To have the necessary rights on the elements provided. Only the sponsor’s responsibility can be engaged in this respect.
To actively collaborate in the success of the project by bringing to the Provider in the useful times all the information and documents necessary for the good apprehension of the needs and the good execution of the services.
Strictly comply with the technical and creative recommendations made by the Provider.
Guarantee the Provider against any action that could be brought against him because of the character of the data or information (texts, images, sounds) that would have been provided or chosen by the Customer.
To pay the amounts due to the Provider within the specified time.
To inform the Service Provider of a possible competition with other service providers.
Comply with all applicable laws and regulations, including but not limited to laws and regulations regarding intellectual property, personal data protection and the protection of minors for information provided to the Provider.
Not to breach any confidentiality or non-disclosure obligation in providing the materials and to allow the Service Provider to use the materials freely and without constraint in performing its services.
If the Customer does not provide specifications prior to the commencement of the execution of the order, or if the specifications do not provide sufficiently precise indications or recommendations as to how the development and/or graphic creation of an element included in the order should be approached, both parties agree that the choice of design is left to the free interpretation of the Service Provider.
The Customer agrees to provide accurate and truthful information and agrees to notify the Service Provider of any change in the data provided and shall be solely responsible for any malfunction that may result from incorrect information. The Customer must maintain a valid e-mail address and postal address.
The Customer acknowledges and assumes full and complete responsibility for the choices made in terms of textual and iconographic content in the work delivered by the Provider.
The Customer acknowledges having read the warnings issued by the Service Provider concerning copyright and intellectual property laws and the penalties that may be incurred for violating them. Any text provided by the Customer must be proofread and corrected by the Customer himself, no modification or spelling mistake will be corrected by the Provider.
In particular, it is forbidden to publish any form of content directly or indirectly associated with pornography and eroticism, pirated programs, racist, defamatory or discriminatory content of any kind, or content that violates human rights in general, online gaming activity, violence of any kind (human, animal or environmental), infringement of intellectual property rights relating to the works contained or distributed, in whole or in part on the Customer’s web space.
Webolabs shall not be held liable for any subsequent changes made by the Client to the content of the pages created.
3.2 – Responsibility and commitment of the Provider
If necessary, the Service Provider may intervene in the elaboration of the specifications, jointly with the Customer.
The Provider guarantees that the creations are legally available and are not encumbered by third party rights, whether or not the Provider’s employees, for the uses provided for under the contract.
The Service Provider undertakes to inform the Customer on a regular basis about the progress of the project, in particular through validations submitted to the Customer.
The Service Provider undertakes to provide as soon as possible, or as agreed with the Customer, the delivery of the orders made, and undertakes to make every effort to ensure the Customer’s satisfaction. The Provider declines all responsibility in case of major technical problems that would prevent the realization of the contract (attacks, wars, natural disasters, any case of force majeure or cause of prolonged Internet network outage beyond its control).
In no event shall the Service Provider be liable for the loss of documents required for the performance of the services ordered. The Customer shall only send copies or documents without replacement value. The Service Provider reserves the right to refuse any document, text or image, which is contrary to its ethics, good morals or which does not comply with current legislation.
Webolabs delivers a finished product that meets the specifications. The Service Provider cannot guarantee that the website requested by the Customer will increase sales, that the work provided will generate visits to the website, or that the website will be well positioned in search engines.
In no case, the responsibility of the Provider can be sought in case of fault, negligence, omission or failure of the customer, non-compliance with the advice given by the Provider, including in terms of graphic orientation, choice of development or method of referencing.
Webolabs undertakes to use its best efforts to perform its services in accordance with the rules of the trade. The present obligation is, by express agreement, a pure obligation of means. The Client undertakes to actively collaborate with the Service Provider by providing all useful and necessary information for the proper execution of the service and the respect of the execution deadlines.
4 – Fees and additional services
The price of the service is firm. It is stipulated exclusive of tax and expressed in euros. The Service Provider may revise the price of the service and return it to the current rate if the implementation of the project would take more than six months after the order, if this delay is mainly caused by a lack of involvement or responsiveness from the Customer.
The corrections requested by the Customer are not unlimited. Any request for correction or additional service not provided for in the initial quote / order form / agreement, and involving additional work by the Provider, will be billed by the hour on the basis of 40 € HT / hour, or a detailed estimate submitted to the validation and signature of the Customer.
Refusal to pay for a service will entitle the Provider to terminate and pay in full the initial sales contract, and to compensation equal to the damage suffered and/or the value of the additional service not paid.
Unless otherwise stated or in a specific case, the various elements that may be necessary for the realization of the Provider’s services and that are not included in its offers are not included in the prices indicated. This may include, for example, fonts, photographs or illustrations from image banks, templates or modules required for the development of the website.
The Provider may however offer additional services such as printing or hosting. These fees will be added and included in the overall price of the service offered to the Customer.
The textual content allowing the realization of the product must be provided by the Customer. The Customer shall also transmit all documents necessary for the realization of the Service.
The Provider may also invoice the Customer for any travel required for the proper performance of the contract.
5 – Invoice and payment
The Provider proposes the following methods of payment:
By bank transfer, Wise
Deposit of 50% before the service and 50% on delivery of the work.
Or a facility of payment can be granted in 12 times corresponding to one year.
Any delay in payment from the 31st day after the invoice is issued, or date agreed upon in the agreement between Webolabs and the client, will give rise to late payment penalties calculated according to the legal rules in force.
Late payment penalties at the annual rate of : 10.50% of the invoice amount per day.
In case of late payment, legal fixed compensation for collection costs: 40,00 €.
The costs of prosecution and fees for the recovery of unpaid invoices will be charged to the Customer.
Any sum not paid within the above-mentioned time limits, any delay in payment or any unpaid sum (in the event of return by the bank of the payment vouchers for unpaid) of a sum due by the Customer will result in the immediate suspension of the services, while waiting for the regularization of the situation. This suspension shall not constitute a cause of liability for the Provider.
The Customer shall not be entitled to claim compensation from the Provider for the suspension of services due to a payment incident.
The prices stipulated on the quotation are valid for one month from the date of issue. They remain firm and non-revisable if the order is placed during this period. The services to be provided are those clearly stated on the estimate, corollary all services not stated are not included and will be the subject of a free additional estimate.
The prices are expressed in Euros and include all taxes (tax applicable in the country of purchase).
6 – Validations, deadlines, delivery
Upon signature of the quote, oral or written agreement, the Customer agrees to provide the textual and graphic content allowing the realization of the quote within three weeks. In the event of late submission of documents or information by the Customer, a new schedule will be sent by the Provider.
In the event that the Customer does not respond to requests for documents and information required for the performance of the service within a reasonable time, the parties agree that the continuation of the contract may give rise to a price revision.
At each stage of the project creation, the Customer agrees to send to the Provider his validations in a clear and explicit way by sending an email or a letter dated and signed. No validation or modification request will be taken into account by a simple phone call.
In the absence of a validation or a request for modification of the models by the customer within fifteen days, they will be considered as validated by both parties. The work carried out, delivered and tacitly validated, implies that the sums corresponding to this work are due.