Terms and conditions of sale
[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built= »1″ _builder_version= »4.27.0″ _module_preset= »default » background_color= »rgba(132,132,132,0.13) » custom_padding= »||5px||| » global_colors_info= »{} »][et_pb_row _builder_version= »4.27.0″ _module_preset= »default » custom_padding= »3px||||| » global_colors_info= »{} »][et_pb_column type= »4_4″ _builder_version= »4.27.0″ _module_preset= »default » global_colors_info= »{} »][et_pb_text _builder_version= »4.27.0″ _module_preset= »default » custom_margin= »||42px||| » global_colors_info= »{} »]1.Enforceability
1.1. The provisions of our general terms and conditions form an integral part of our offers or of any agreement entered into. The customer is deemed to have read and accepted all clauses unless expressly stipulated otherwise.
1.2. INARI BOOKING is not bound by
the general terms and conditions of sale or purchase of our co-contractors, whether different, more extensive or restricted, unless expressly provided otherwise in purchase orders, invoices or agreements.
1.3. The special terms and conditions offered to the customer are always strictly limited to the object or operation they deal with, and are to be strictly interpreted.
2.Offers and orders
2.1. All offers are valid for one month unless otherwise stipulated in the offer.
2.2. Any request for quotation which has generated a consultancy not followed by an order shall entitle INARI IT to charge a flat fee of $100 for the cost of drawing up the quotation.
2.3. Even in the event of our acceptance of the order, any information gathered, such as in particular the existence of protests, notices of seizures or any indication whatsoever revealing unsatisfactory solvency on the part of a customer, authorizes us either to cancel the order, or not to execute it until sufficient guarantees have been provided.
3.Duration
3.1 The commercial relationship between the parties takes effect upon the signature of the order form, in paper or electronic form. It is entered into for a period of one year from the date it takes effect. It may be renewed by tacit agreement.
3.2 The client may terminate all or part of the present contract at any time, by registered letters with acknowledgement of receipt, subject to a one-month notice period. Any request for termination by the customer must therefore be sent at least one month before the anniversary date of the contract in order to be accepted by INARI BOOKING for the current year. Failing this, the client will automatically be liable for the fixed annual fee and the amount of optional services due to the following year. This applies in particular to domain names and hosting.
4.Price
4.1. Our offers are drawn up on the basis of the prices of materials, social charges and salaries in force at a date 15 days prior to the submission of prices. Wages are those fixed by the collective labour agreements governing relations between employers and workers within the Auxiliary Joint Commissions for blue-collar and white-collar workers in the country concerned.
4.2. Any change in salaries, social security contributions, raw material prices, any new taxation resulting from a legal or regulatory provision, any exchange rate variation occurring either within the 15-day period preceding the quotation, or in the period subsequent to the quotation, authorizes us to modify the terms of our offers, even after their acceptance, and this, in proportion to the increases that have occurred.
4.3. The present clause cannot be applied if, at the time the order is placed, the customer has paid a deposit equivalent to 30% of the total amount of the order.
5.Intellectual property – confidentiality
5.1 All studies, reports, projects, information, estimates, specifications, whether paid for or free of charge, carried out by INARI BOOKING for the purpose of providing services to the client, remain the exclusive property of INARI BOOKING. The client undertakes not to transmit this information to third parties or to use this information for any purpose whatsoever. INARI BOOKING undertakes to respect the confidentiality of all such information.
5.2 The customer is the owner of the domain name reserved for him/her, INARI BOOKING acting only as a technical intermediary with the domain name organizations. The general terms and conditions of sale of these organizations therefore do not apply. Furthermore, INARI BOOKING cannot be held responsible for the unavailability of an ordered domain name, as this does not automatically cancel the other services ordered. The customer agrees to register and use the domain name in accordance with current legislation and the legal rights of third parties. The customer agrees to indemnify, defend and hold harmless INARI BOOKING from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of or in connection with the registration of the customer’s domain name or the customer’s use of the domain name. The technical transfer of the customer’s domain name to another domain name and hosting organization will be invoiced on a flat-rate basis at a price indicated in the order form. The customer undertakes not to request this transfer within 60 days of the creation, transfer or renewal of the domain name.
5.3 INARI BOOKING is the owner of the rights to use the software used to create websites, the software and/or designs and the libraries used to create websites.
5.4 It is expressly agreed that the customer is not the owner of the hosting provided.
5.5 The prize is awarded on the basis of hosting by Infomaniak (a company under Swiss law). The use of other hosting chosen by the customer releases INARI BOOKING from all responsibility for the proper functioning of the latter. The installation, configuration and maintenance will be carried out by INARI BOOKING.
6.Contract performance
6.1. The customer who gives us an execution order is deemed to have the right to do so, in particular with regard to legal provisions concerning the powers of corporate bodies, as well as in the context of the business sector in which he operates, and exclusively assumes any liability of any kind whatsoever.
6.2. Requests for modifications, corrections, additions or deletions of material, involving changes not provided for in the quotation, will be charged extra. Only written requests from our customers are binding on us to the extent of our acceptance.
6.3 INARI BOOKING applies the « first come, first serve » rule. Orders are processed on receipt of the order form and payment in the order in which they are received.
6.4 INARI BOOKING undertakes to use the referencing techniques stipulated in the order form. INARI BOOKING does not guarantee the results of website referencing in search engines. is therefore only bound by an obligation of means.
6.5 INARI BOOKING reserves the right to refuse any document, text or image that is contrary to its ethics, morality or that does not comply with current legislation.
6.6 INARI BOOKING reserves the right to terminate the business relationship between the parties without formality, by operation of law and without compensation of any kind, in the event of a breach of these terms and conditions.
6.7 INARI BOOKING reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, the rights and obligations arising from the present contract.
7.Deadlines
7.1. Unless expressly stipulated to the contrary, the deadlines indicated in our offers for delivery and performance of services are for guidance only. In any event, the stipulated deadlines only take effect from the date of receipt by us of a regular and complete order followed by payment in full or in accordance with the specific terms and conditions stipulated, and after the customer has provided us with all the information required for proper execution. Under no circumstances may
failure to meet delivery deadlines give rise to the termination of the contract by the customer, or to the payment of damages.
7.2. Acts of God and/or force majeure such as wars, mobilizations, riots, strikes, lockouts, epidemics, machine breakdowns, atmospheric conditions, fire, explosions and in general any external event preventing either the delivery by our suppliers of materials useful for our production, or shipment or transport, as well as any circumstances of the same nature acting directly on our installations, give us the right, without payment of any compensation or prior notice, either to terminate all or part of the contract, or to postpone its performance.
7.3. The express stipulation of a time limit shall be deemed null and void if the customer is late in providing the requested guarantees or making the requested payments under the terms of the offer or the agreement signed with him.
7.4. INARI BOOKING is in no way responsible for delays by the Post Office, express couriers, railroads or, in general, any other means of transport. Registered shipments are only insured if expressly requested in advance and in writing when the order is placed. If the customer entrusts us with transport or delivery operations, by any means whatsoever, the related costs are payable in addition to any advance payments due at the time the order is placed, the shipment not being carried out until the said costs have been deposited in full.
8.Claim
8.1. Claims for latent defects will not be accepted if they are not specified, in writing, within one month of discovery of the defect.
8.2. Claims for apparent defects will not be accepted unless they are specified in writing within 8 days.
8.3. Complaints relating to the following points will not be accepted: misuse;
damage caused by force majeure, acts of God or any other similar circumstances;
the addition, transformation or use of accessories or supplementary provisions which do not conform to the technical specifications or to normal and professional use;
the act or intentional fault committed by any person whatsoever;
the use of the service other than that which is reasonably foreseeable, taking into account its characteristics, unless the purchaser has specified this in writing at the latest at the time of conclusion of the sale;
the installation error of a third-party company was not approved by INARI BOOKING.
8.4 The periods referred to in points 7.1. and 7.2. are automatically counted from the date of the dispatch of the invoice or any other similar document, such as notice of availability, dispatch note, etc. When a claim is made, INARI BOOKING is deemed to have obtained
approval, except for the part which was the subject of the said claim sent under the above conditions.
8.5 Defects in this part of our supplies do not entitle us to reject the entire order.
8.6. Minimal differences in colour or presentation in relation to the samples submitted or the documentation presented shall not give rise to any claim whatsoever.
9.Liability
9.1. The customer is entirely responsible for the use of the services provided by INARI BOOKING. He thus undertakes to comply with legislation relating to the protection of privacy and personal data, non-discrimination, the fight against racism, violence and the protection of minors.
9.2. Without prejudice to the provisions of any special agreement, INARI BOOKING shall in no case be held liable for any damage caused to third parties by the use of these services by the customer in breach of the law, public order or morality. In particular, the customer shall be solely liable for any direct or indirect, material or physical damage caused by the use of the services. The customer shall be responsible for any dispute that may arise between the customer and any third party to the present contract. Should INARI BOOKING nevertheless be held liable by a judicial authority, the customer undertakes to compensate INARI BOOKING for any loss resulting from a fault on its part.
10.Paiement
10.1 In consideration of the services provided, the customer undertakes to pay INARI BOOKING:
An initial fixed fee, payable on the commencement of the present contract, the amount of which is specified
An annual fixed fee, payable on the anniversary dates of the publication, the amount of which is specified on the order form
any amount due for optional services, the characteristics and amount of which are specified on the order form.
10.2 INARI BOOKING will not be able to refuse payment by the customer of the initial fixed fee according to the following terms:
30% non-refundable deposit on the signature of the purchase order 70% on publication
Any other terms of payment must be specified in the purchase order.
10.3. The prices of these services are mentioned in the paper and electronic order form. They do not include VAT and are payable in euros.
10.4 Rates do not include Internet access and telephone line costs. It is the customer’s responsibility to connect to the Internet if desired. INARI BOOKING cannot be held responsible for the quality of the line provided by the Internet service provider.
10.5 INARI BOOKING reserves the right to modify its prices at any time, subject to two months’ notice. In the event of the refusal of such notification, the customer must, by registered letters with acknowledgement of receipt, request the termination of the present contract before its term under the conditions of article 3.2. Failing this, the new rates are deemed to have been irrevocably accepted and will be applied to the billing following expiry of the aforementioned period.
11.Interests
11.1. Invoices shall automatically bear interest at the rate of 1% per month from the 30th day following the date on which they are issued,
without the need for formal notice.
11.2 In the event of non-payment of an invoice within 30 days of its date, INARI BOOKING is entitled to suspend the performance of any supply or service immediately and without prior notice.
12.Penalty clause
12.1. Without prejudice to any of the foregoing provisions, INARI BOOKING shall be entitled, in the event of non-payment of an invoice within 30 days of the date thereof, to increase the amount thereof by 15% as compensation for administrative costs, with a minimum of $50, unless it establishes, in accordance with the law of August 2, 2002, the costs actually incurred to recover its claim.
12.2. Likewise, without prejudice to the foregoing provisions, non-payment of an invoice on its due date authorizes INARI BOOKING to terminate any contract in progress and to withhold any order of which INARI BOOKING remains the full owner until full payment has been made.
13.Disputes
13.1. Cambodian
law is the only law applicable in respect of the present terms and conditions.
13.2 In the event of a dispute which cannot be settled by conciliation or mediation, the Commercial Court of Phnom Penh, sitting in Khmer, shall have sole jurisdiction.