ARTICLE 1: SCOPE - DEFINITION
These General Terms and Conditions of Sale aim to specify the conditions and terms under which aile’m provides its services and allows access to its various associated services.
Every client of aile’m agrees to read these general terms and conditions of sale.
By "client," we refer to the advertiser, the agent, or the natural or legal person who orders a service or a product from the provider.
By "order," we mean the client's request for a service from aile’m.
By "service provision," we mean the execution by aile’m of the order placed by the client.
Any order or renewal of a service made available by aile’m implies total acceptance of this contract.
As the Internet is constantly evolving, aile’m reserves the right to modify this contract at any time.
In case of a change, deemed accountable during the current billing period, the client will be notified by email and will have a thirty-day period to refuse or accept the new contract.
If a client's web service remains active past this period, aile’m will consider that the client agrees with the modifications. If the client does not agree, they will be reimbursed pro rata for the remaining months of their contract duration upon request via sending a registered letter to the aile’m head office.
The application of other specific conditions cannot prevail over these General Terms and Conditions of Sale, except after written and signed acceptance by aile’m.
ARTICLE 2 - ORDERS
Orders must be written as quotes prepared by aile'm and signed by the client, or as a purchase order issued by the latter, which they must sign.
The client must provide a valid email address, accessible at all times, which will be mentioned on the signed quote. This email address will be used by aile’m for sending quotes and invoices. aile’m cannot be held responsible for non-compliance with the procedures described in this contract due to the invalidity of the client’s email address. aile’m cannot be held responsible for non-compliance with the procedures described in this contract because the client does not check the email address they have provided to aile’m.The sale of services is only validated after the client accepts the quote with their signature, or by issuing a signed purchase order. Acceptance of the quote or issuance of a purchase order will constitute a contract.Any modifications to the order made by the client can only be taken into account when a new quote is prepared by aile’m and validated by the client with a signature.
ARTICLE 3 - DURATION AND PAYMENT
Acceptance of a quote is valid only with the client's signature and constitutes a contract between the client and aile’m.The client will send the signed quote by email or postal mail along with a deposit when the amount of services ordered from aile’m exceeds €5,000 VAT inclusive, excluding monthly fees. This deposit will amount to 40% VAT inclusive of the total amount of all types of services ordered, excluding monthly fees.The deposit amount will be precisely indicated on the quote. The period for completing the services ordered as announced on the quote signed by the client begins when the deposit is received in aile’m's bank account.
In case of cancellation of an order where a deposit has been paid, the client commits to not request a refund of this deposit.
Any sum due for services provided by aile’m, or any deposit of such sum, may be paid by bank transfer or cheque.
Any sum due for services provided by aile’m, excluding the deposit, must be paid within a maximum of 30 days from the day the client receives the invoice issued by aile’m, associated with this sum, at the email address they have provided to aile’m, mentioned on the quote.
aile’m will acknowledge receipt of each order and deposit within a maximum of 48 hours after its reception, by sending an acknowledgment of receipt by email or postal mail.
Some services may involve monthly fees, indicated on the quote under the heading “monthly fees”. These monthly fees must be paid to aile’m for a minimum duration specified on the quote, under the heading “contract duration”.
The contract duration and the payment of these fees start upon the delivery of the services ordered by the client, the date of which will be indicated on the corresponding invoice issued to the client under the heading “monthly payment due date”.
However, the client may, if they wish, pay the monthly fees in one lump sum for the entire contract duration at delivery. The annual payment due date will then be indicated on the invoice under the heading “annual payment due date”, corresponding to the start date of the contract duration.
In the event of an incident and/or payment delay, aile’m may rightfully demand a late fee after a formal notice equal to 10% of the sums due, with late penalties equal to 1.5 times the current legal interest rate.aile’m reserves the right to close access to its various services, as well as to interrupt the publication of the client’s website from the first day of payment delay, these being suspended until full payment by the client.The client is expressly informed and accepts that their hosted data will be deleted from the subscribed service 45 days after exceeding their monthly payment due date indicated on their invoice under the heading “monthly payment due date”.
The contract established between the client and aile’m is automatically renewed at the end of the contract duration, for a duration equal to the duration announced on the signed quote to access the ordered service.
A contract, unless it is an automatic renewal, cannot be terminated by the client without involving the total settlement of the fees indicated in the contract. In this case, the client commits to pay aile’m the entirety of the fees provided for by the contract.
The client may terminate a renewed contract at any time by making a request by email to commercial@ailem.fr. aile’m then undertakes to terminate the contract and to send an email confirming the termination of the contract within 7 days following the client's request.The client will then lose the provision of aile’m's services that were provided by the terminated contract.
In the event that the client's sites are hosted on servers owned by aile’m, our company commits to delete the client's data from the servers within 30 days following the termination of the contract.
ARTICLE 4 - OUR SERVICES
The websites and web applications delivered by aile’m are hosted on servers of specialized companies whose names are indicated on the quote signed by the client when they order a service and in the legal notices of the client's website.aile’m, which uses the services of these hosting companies, commits to respect their general terms and conditions of sale. It is the client's responsibility to be aware of and to also respect them.aile’m cannot in any case be held responsible for the unavailability of the services it offers due to malfunctions occurring at the web hosting providers of its clients.The client is the owner of the domain name(s) indicated on the invoice issued to them.The costs related to the domain names are advanced by aile’m and are reflected in the management and administration fees of the servers (included in the monthly fees).
The client owns the code files (front-end and back-end) of their site, responsible for the static and dynamic display of the site, as well as the databases of their site. All files corresponding to the aforementioned elements can be provided by aile’m to the client upon their request by email.
The client does not own the code files to which their site refers. If the client's site is built with tools developed by aile'm, these files belong to aile'm. If the client's site is built with a CMS, these files belong to the company providing the CMS
ARTICLE 5 - CONFIDENTIALITY
The client of aile’m must provide their valid and complete personal details along with a valid email address to place an order. The client must notify aile’m by email of any changes to their personal details.
Similarly, they must update their email address in the various services that may be made available to them, and more generally, any necessary personal information.
aile’m commits to keeping this information confidential. These details will not be made available or transferred to any third party except to competent authorities in case of legal disputes, for example, or as required by law. This data will be used solely for internal management purposes.When registering a domain name, the providers in charge of certain extensions (not exhaustively including: .fr, .com, .net, .org, .info, .eu, .biz...) require personal information about the hosting account holder.This is to secure the registration of the domain name under the name of the final client, who will have full rights to use it.
The information provided during subscription is then transmitted: Name, First Name, Entity, Postal Address, Date of Birth (if applicable). The client can expressly request that their personal information be kept confidential with these providers. They must for this send an email to commercial@ailem.fr specifying their request, either simultaneously or prior to the subscription of the domain name. However, the client is informed that in this case, the domain name will be registered under the coordinates of aile’m. The client can, however, reclaim their domain name through an outgoing transfer. They will then technically and financially assume any necessary changes to the information on domain ownership. In no case can aile’m be held responsible for non-compliance with these management rules.
The client is aware that during a request for technical support, a technician from aile’m might logically need to view the content of their hosting, whatever it may be. aile’m and its technicians commit to confidentiality related to trade secrets.
Any breach of the general conditions noticed may be brought to the client's attention.
During a request for technical support, the client expressly authorizes aile’m to connect to the services provided and to perform any necessary operations to formulate a diagnosis or a solution.
By express agreement, the parties agree to consider the data collected, processed, and/or stored by aile’m under the contract through its own recording and computing tools as sufficient proof of the content, the reality, and the timing of the collection, processing, and/or storage of said data.
The client has the right to access, correct, delete, and oppose data concerning them by sending a letter and proving their identity to: aile’m - Pailharoux-43130 Retournac. The request can also be made by email to commercial@ailem.fr.
The client remains the owner of the data they process through the service aile’m or the tools made available by aile’m services.
Under the provisions of Regulation No. 2016/679, known as the General Data Protection Regulation ("GDPR"), the client remains the controller, and aile’m acts as a processor under the contract.As such, the client must clearly communicate to aile’m any useful information about the purposes of the intended processing and take into account any relevant observations made by aile’m under an advisory obligation.aile’m implements all reasonably appropriate means and procedures to ensure the integrity, confidentiality, and security of the data subject to processing. In particular, aile’m is prohibited from transferring or disclosing to third parties the data processed by the Service.
The collection of Personal Data occurs when the client subscribes and uses the Services. The personal data of the client is intended for aile’m for managing and securing the client's account, as well as to fulfill legal obligations regarding the identification of content creators on the Internet.
The client's banking details will be used by aile’m for billing, payment, and collection of any sum due and arising from a contract concluded with aile’m.
aile’m, in accordance with the provisions of the GDPR and the aforementioned Data Protection Act, commits to retaining the Personal Data collected only for the duration strictly necessary for the implementation of the Services and to meet the legal obligations of aile’m.
The client is responsible for the proper management of the service made available to them, its security, and must act promptly if they believe or detect a compromise of the space.The client must also inform aile’m without delay. If the client has lost all capacity to change the identification data (e.g., password) of the service, aile’m will be able to generate new identification information upon the client's request. And after having been able to identify the client as legitimate to make the request. If aile’m suspects by technical facts a compromise of the service made available to the client, any identification element dependent on aile’m may be regenerated for the benefit of the client.
ARTICLE 6 – OWNERSHIP RIGHTS OF THE ORDER
The content of the service performance work is the responsibility of the client.
All rights, taxes, and duties levied on the fixation of reproduction or the broadcasting of the web production are borne by the client, except for other elements provided by aile’m which are royalty-free or whose rights belong to the service provider.
The client will personally handle the acquisition of all rights to reproduce, broadcast, adapt, represent, and all literary and artistic property rights whatsoever, as well as all industrial property rights concerning all technical information.
The client guarantees aile’m against any recourse, of any kind, from any third parties, under any title whatsoever, from the realization and/or broadcasting of the web service performance work.
aile’m reserves the right to refuse any technical and/or artistic information communicated by the client. aile’m reserves the right to broadcast and reproduce, within the framework of its communication or commercial documentation, as a reference or illustration, the service performance work carried out for the client.
ARTICLE 7 – DISPUTES - APPLICABLE LAW – COMPETENT JURISDICTION
These general conditions of sale are governed by French law.
Customer claims should be sent to the address at the top of this document or to the email address commercial@ailem.fr. If no amicable solution is found within thirty days, all disputes arising from the operations covered by these general conditions of sale will primarily be submitted to the competent courts of Puy-en-Velay, if the law permits.
The client agrees to publish only content authorized by law (whether in form or substance).
The client is responsible for all content that they publish on their site.