Hotel Web Design" Terms and Conditions of Sale

1. DEFINITIONS

   These General Terms and Conditions of Sale are applicable between "Hotel Web Design" and the Customer. Full and unreserved acceptance of the General Terms and Conditions, and where applicable of the applicable Special Terms and Conditions, shall be deemed to have been given by the Client once it has handed over to "Hotel Web Design" the offer signed by it. "Hotel Web Design reserves the right to modify all or part of the General or Special Conditions at any time. The contractual documents are, in order of precedence: the Offer, the Special Terms and Conditions, and these General Terms and Conditions. In the event of any contradiction between them, the contractual documents shall take precedence over each other in the order indicated above.

General terms and conditions Refers to these general terms and conditions
Contract Refers to the legal agreement resulting from the signed Order Confirmation or offer, the General Terms and Conditions and, where applicable, the Special Terms and Conditions.
Duration Period of validity: Refers to the period of validity of the services, as defined in the offer or order confirmation.
Services Services: Refers to the services ordered by the Customer in the signed offer or Order Confirmation.
The customer Customer: Refers to the customer named in the signed offer or order confirmation.
Hotel Web Designor  the service provider . Company name siret 913326187
Parts Hotel Web Design" and the Customer.

2. PURPOSE AND SCOPE

The general terms and conditions of sale set out below detail the obligations and rights of Hotel Web Design and its customers in relation to the provision of the following services:

• creation of a website
• website hosting management
• the provision of a support service
• website referencing
• photographic creation

3. ORDERING & SERVICES

The services offered by "Hotel Web Design" are grouped together in various tailor-made packages. The parties agree on the terms most suited to the customer's needs and the duration of the contract is specified on the order form. The information provided by the customer to complete the offer or order confirmation must be accurate, up-to-date and complete. The order form must be signed by the customer and sent by email or post to "Hotel Web Design", if necessary accompanied by the deposit paid by bank transfer or by credit card on the "Hotel Web Design" website. "Hotel Web Design" reserves the right to refuse the Customer's subscription to the Services if it considers that the Customer's activity - commercial or otherwise - is contrary to the standards and regulations in force or morality, or for any other legitimate reason.

3.1 TRANSLATIONS

"Foreign language translations included in the Hotel Web Design offer are limited to a maximum of 2000 words per language (texts supplied in French by the customer or produced by Hotel Web Design). Any translation service exceeding 2000 words will only be possible as part of an additional order. The number of pages to be translated corresponds to the number included in the pack, and any additional pages may result in additional translation costs. It is important to note that all translations are considered to be interpretations, the meaning of which may vary according to each person's interpretation. The service provider cannot be held responsible in the event of a dispute arising from a translation, as the customer has validated the entire website before it goes online. If the customer has the choice between a machine or manual translation, they must bear in mind that the machine translation is carried out by a computer programme and that the content of this translation cannot be modified as it stands. If the customer subsequently decides to opt for a manual translation, this will incur additional costs which will be invoiced in addition or deducted from the annual support time subscribed to, where applicable.

3.2 CREATION PROCEDURE

Creating the graphic database :
- Once the offer has been accepted, "Hotel Web Design" will build the graphic base of the website and provide the customer with a private link for consultation.
- The customer has a period of 7 days from receipt of the private link in which to state his reasoned refusal of the graphic proposal. Failing this, the graphic proposal will be deemed to have been accepted.
- Refusals or requests to modify the graphic base may only be based on reasonable grounds.
- If the basis of the website or any other graphic creation in the order (logo, business cards, etc.) is not approved by the customer after the third graphic proposal, Hotel Web Design may cancel the order for services. The customer will not be entitled to a refund of any sums paid or to the payment of any compensation whatsoever.

Content of the website pages:
- The content of each page created can be up to 10 modules per page (a "module" being a text, a photo, a video, a photo gallery, an interactive map, a form, etc.).
- Unless otherwise specified, the maximum number of pages delivered with a site is 10.

- If this number is exceeded, additional hourly charges may apply.

Creating an online shop:
- For the creation of an online shop, the first 10 products are included,
- The customer creates the additional products via the site's interface, to which they have access and which they have been trained to use.
- Product variations (different colours for a textile product, different arrival dates for a travel product, different vintages for a spirits product, etc.) must always be created and integrated by the customer.

4. SERVICE MAINTENANCE (if option taken out)

Although this is a rare occurrence, "Hotel Web Design" reserves the right to interrupt the service temporarily for maintenance, improvement or updating purposes, without being obliged to provide any guarantee, compensation and/or damages of any kind to the Customer. In such a case, the service provider undertakes to restore services as quickly as possible. The "Follow-up" service (maintenance, hosting, support, if provided) starts on the day the Customer's website goes online. Hotel Web Design reserves the right to cancel this option before it begins (before the website is actually put online, i.e. during the creation phase).

5. COMMITMENT OF THE PARTIES

The customer undertakes to:

• Respect the web hosting provider's charter.
• Publish on its website the information required by article 43-8 of the law of 1st August 2000.
• Not to copy, reproduce, imitate, assign or transfer the rights to any software made available to it
• Be solely responsible for the information published on its website and not disclose its personal access to the website interface to any third party
• Pay the price agreed in the contract when the order form is signed, and then annually or monthly in arrears if there is a subscription or continuity of hosting, domain name or maintenance services.

"Hotel Web Design" undertakes to:

• To inform the customer of any difficulties, if any, of which the customer is aware, and to take all necessary steps to re-establish access to the site as soon as possible.
• Provide responsive technical and editorial support by email or telephone for the duration of the support contract - if provided for in the contract

6. ORDER MODIFICATION & AUTOMATIC RENEWAL

At the end of their initial term, all monthly contracts are tacitly renewed for a term equal to the initial term under the pricing conditions expressed in the offer or order confirmation. For any request to modify or terminate the contract, the customer must inform "Hotel Web Design" by simple email, to which confirmation of receipt will be given, no later than 60 days before the expiry of the contract for a contract with an initial term of 12 months, and 90 days before the expiry of the contract for a contract with an initial term of 24 months or more. If no duration is mentioned in the offer or order confirmation, the initial duration is 36 months for all monthly contracts.

7. DEADLINE

   The delivery time for the website indicated in the offer is given as an indication. This timeframe is estimated in the event that the customer approves the various stages of creation submitted by the service provider within 3 working days and approves the first proposed mock-up. If the design is rejected, each new design proposed to the customer extends this estimated time by 14 working days.

Any "reasonable" delay (less than 30 days) as well as any delay in delivery resulting from the obvious absence of a response or validation from the customer shall not give rise to the allocation of damages or the cancellation of the order in favour of the customer.

The website creation process (from order to online publication) may not exceed 100 working days. Once the period of one hundred days has been reached and despite the website being up to date with the requested modifications, or in the complete absence of any response from the customer within a period of 20 working days to a request from the service provider, the service provider may demand and debit all the amounts due at the time the website is put online using the means of payment authorised or used by the customer for other payments. This includes all options and monthly packages subscribed to.

In the event of a fault in the provision of services, the customer must make all the necessary reservations by letter. Complaints about an apparent defect or the non-conformity of a service provided must be made in writing within seven days of the services being made available.

7.1 WITHDRAWAL PERIOD

The customer undertakes to inform "Hotel Web Design" of any change of contact details.
In accordance with Article L. 221-28 of the French Consumer Code, as the creation of a website by "Hotel Web Design" is "a good or service made to the consumer's specifications or clearly personalised", the customer cannot benefit from the legal 14-day withdrawal period. The customer therefore expressly waives this right of withdrawal.

8. RATES

"Hotel Web Design" reserves the right to modify its prices at any time after informing the customer. The rate for adding a page beyond the number of pages included in the pack (before delivery) is €90.00 excluding VAT. The basic hourly rate is €99.00 excluding VAT. The rate for ordering an additional domain name is €6 excluding VAT/month, with a 12-month commitment. Each additional email box is €3/month per additional email box.
Training on the user interface, provided on delivery of the website (if provided for in the order), is limited to sixty minutes, on a single occasion. Any additional training or training time in excess of sixty minutes may give rise to additional invoicing on the basis of the hourly rate. Unless otherwise stated, the fee for managing Ads campaigns (Google Ads, FB Ads, Instagram) is 20% of the budget amount, with a minimum of €40/month. The agency reserves the right to adjust the Ads budget from one month to the next depending on attractiveness and demand. The budget is then readjusted the following months to correspond to the average budget desired by the customer.
The amount of the deposit mentioned on the offer must be paid before the link to the model is sent, if the offer includes a model.
Websites created on a monthly basis (known as "non-proprietary") can be purchased before the expiry of the monthly commitment for a fee of no less than 36 monthly instalments. The repurchased site does not include the booking engine, which is only offered with monthly tracking.
The technical support package is limited to an annual number of hours corresponding to the total monthly support fee divided by 12 (e.g. €50/month = 4.16 hours of support). Beyond this, the higher support package will be offered in increments of an additional €25 per month, crediting an additional 4 hours of annual support. All support operations must last at least 10 minutes.
Integration of a payment system other than Stripe or Paypal on the booking engine will incur an additional installation fee of €150.00.

9. PAYMENT TERMS

Invoices are to be paid on the due date indicated on the invoice (30 days maximum if no mention is made). In the case of an order for a portfolio of photos, payment must be made before the day on which the photos are taken.
Payment for monthly packages is made at the beginning of each month. Monthly contracts commit the customer for the period indicated and then for the same period after each renewal.

Payments are to be made :

• By automatic monthly payment via bank transfer or direct debit
• By bank transfer (by default on the 2nd of each month)
• By credit card on the "Hotel Web Design" website

For reasons of fraud prevention and logistics, cheques are only accepted if it is impossible to pay by any other means. Any payment by cheque will incur a €10 processing fee. The customer will be responsible for all costs arising from the use of a method of payment in a foreign currency or other than by SEPA transfer or SEPA direct debit.

9.1 PAYMENT DEFAULTS

- In the event of total or partial non-payment of services invoiced by "Hotel Web Design", reminders will be sent by telephone and/or email. If these measures have no effect, a formal notice to pay will be sent to the customer, giving him/her formal notice to pay the amount due within a reasonable period of time. If the debt is not paid within this period, the seller may take any legal action necessary to recover the sums due. A fee of €20.00 will be charged for each reminder sent by post.
In the event of non-payment of a monthly instalment by the Customer, the Vendor reserves the right to treat this as a breach of the agreed payment terms and to declare all remaining monthly instalments immediately due and payable. Any payment not honoured may be debited from the customer's account without prior notice. Any invoice that remains unpaid thirty days after the due date will result in the suspension or cancellation of all services related to the order. The customer will then have to pay "Hotel Web Design" the amounts due as well as a late payment penalty equal to 3 times the legal interest rate in force before republication of the site or before re-establishment of the services, if these have been suspended in application of article L. 441-16 of the French Commercial Code. This penalty is calculated on the amount of the outstanding sum and runs from the due date of the invoice. Each rejected or disputed direct debit will be billed at €10. Special arrangements for services provided directly at the customer's premises (e.g. photo or video pack): except in cases of force majeure (major natural disaster or major incident at the establishment), any cancellation by the customer less than 48 hours before the date of the service will incur cancellation charges equivalent to 50% of the total price of the services that would have been provided at the customer's premises, including travel costs.

10. CONFIDENTIALITY

- The customer is fully and exclusively responsible for the passwords required to use the services. The transmission of connection identifiers and passwords is considered confidential. Any suspicion of disclosure, whether intentional or not, of the passwords supplied shall engage the sole responsibility of the customer to the exclusion of that of "Hotel Web Design".
- The email packages included with Hotel Web Design's services imply that the service provider has knowledge of the customer's email login and password. Customers' email accounts may be consulted by the service provider for maintenance and bug-fixing purposes only.

11. RESPONSIBILITY

Although "Hotel Web Design" undertakes to do its utmost to ensure the computer security of its customer's Internet site, the entity accepts no responsibility for any illicit or fraudulent use of the passwords made available to the customer. The customer assumes full responsibility, at all times, for all elements placed online on its website, in particular texts, photos, any document, artwork, graphic charter or logo that may be subject to copyright. "Hotel Web Design shall in no way be held responsible for unauthorised content, even when the element in question has been put online by Hotel Web Design, the customer declaring that he has reread, checked and accepted the content before putting it online and that he regularly consults his website to check the conformity and relevance of the content.

The "Hotel Web Design" website creation service enables the customer to benefit from a website as part of a purely technical service, with no obligation to achieve results. In this respect, "Hotel Web Design" cannot be held responsible for the effectiveness, from a commercial point of view, of the Website. Hotel Web Design cannot be held responsible for the number of visits to the Website, its commercial profitability or its positioning on search engines.

"Hotel Web Design" shall in no event be liable for any delay due to causes beyond its control, such as, but not limited to: lack of cooperation on the part of the customer, late, incomplete or non-compliant information or documents to be provided by the customer, any malfunctions on the part of the web hosting provider, or weather conditions for photographs or videos produced by "Hotel Web Design" for the needs of the site. The customer acknowledges having consulted, prior to any order, the portfolio of creations of "Hotel Web Design", to have an overview of the artistic style of the service provider. The artistic rendering of any service will not be accepted as a valid object of contestation.

Hotel Web Design" may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale arises from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

It is entirely the customer's responsibility to terminate their contract with their former or current service provider in a timely manner in order to recover their domain name, web hosting and/or emails. In the event of refusal to transfer the domain name or any other complication with the transfer on the part of the former service provider, ''Hotel Web Design'' cannot be held responsible for the unsuccessful outcome of the operation. All the amounts indicated in the contract for which the customer made a commitment will remain due. However, in such a case, a new domain name may be ordered by Hotel Web Design - at no extra cost - to put the site online.

In the event of a service being provided for a customer wishing to use a hosting service other than that of Hotel Web Design, the service provider may not be held responsible for the failure of a website migration to the HTTPS protocol resulting from the incompatibility of the customer's host or from a conflict between the customer and any entity blocking the successful completion of such an operation. Any request made to an external service provider on behalf of the customer (e.g. request for referencing, addition/deletion of a link to the site) does not imply the responsibility of Hotel Web Design in the event of failure or refusal on the part of this service provider.

When a domain name is transferred, the e-mail boxes linked to the domain may be copied, deleted, recreated and the content reinserted, which may involve risks. Although the service provider takes all necessary measures to ensure that the operation runs smoothly, it is the customer's responsibility to back up their e-mails before the transfer. The agency cannot be held responsible for the loss of e-mails or the interruption of the e-mail service resulting from a transfer or an update of the e-mail solution. When the new site goes online, its referencing may be downgraded. This is not the responsibility of the service provider, although the service provider will do everything necessary to re-establish its referencing.

In the event of delivery of a photographic or videographic service, the customer recruits all persons appearing in the photos and/or videos and takes responsibility for the use of their image, including the rights arising therefrom.

The provision of Google Free Hotel Booking Links, where applicable, implies an obligation of means and not of results on the part of the agency. Submitting the customer's accommodation to Google does not ultimately guarantee that the customer's accommodation will appear on the search engine, as this final decision remains the responsibility of the search engine. The installation of these links is only possible with the use of the engine proposed by Hotel Web Design.

Certain ancillary services sold with the website - allowing in particular the hosting of the website and the database, but also the management of the customer's client data and synchronisation of the availability and rates of accommodation with online reservation platforms such as booking.com, airbnb, hrs, hotel.com, expedia etc - are developed and offered by the agency's subcontractors. Hotel Web Design cannot be held responsible for any malfunction of one of these subcontractors, resulting in the total or partial loss of data stored by the subcontractor.

At the customer's request, the service provider may grant greater access to the site interface in order to install external modules. Any superior access to the site interface implies the possibility, on behalf of the customer, of deleting or moving critical content as well as causing significant and irreparable damage if the access is disclosed to a third party.

12. ACCOMMODATION

Hosting refers to the technical resources and means made available to customers to enable them to publish and operate one or more websites. This involves the annual rental of disk space on the host's server. "Hotel Web Design" cannot be sued for defects linked to the server on which the customer's site is hosted. Hotel Web Design" subcontracts hosting services to the company Infomaniak Network SA, Rue Eugène-Marziano 25, 1227 Geneva - Switzerland IDE & VAT number: CHE-103.167.648. Other hosting providers may be called upon if the order and conditions so provide. The Parties agree that since networks may have unequal transmission capacities and their own usage policies, no one can guarantee the proper functioning of the Internet network as a whole.

13. REFERENCING, ADVERTISING

Search engines enable Internet users to find the address of a site that interests them. The webmaster's task is to register manually with the main search engines (Google, Yahoo, AltaVista, etc.) and possibly with a certain number of directories, and to include a certain number of keywords in the source code of the pages to enable the search engines to index the site. It cannot be held responsible for the reactions of these companies. Hotel Web Design's obligation here is to use its best endeavours and not to achieve results. "Hotel Web Design cannot guarantee the effective presence of the customer's site in search engines and directories.
Hotel Web Design" can use sponsored links to optimise referencing for its customers.

14. COMMERCIAL REFERENCES

The Customer authorises "Hotel Web Design" to mention it by name among its commercial references, in particular on its site, and to reproduce and distribute distinctive signs or the site on any medium of its choice for self-promotional purposes.

15. RETENTION OF TITLE CLAUSE

"Hotel Web Design" reserves ownership of the websites created and domain names created or managed, until full payment of their price as well as the price of any other option(s) associated with the order, in principal and interest. In the event of non-payment of the price on the agreed due date, Hotel Web Design may repossess these, the sale will be cancelled by operation of law if Hotel Web Design sees fit, and the deposits already paid will be retained in return for the use of the website enjoyed by the purchaser.

16. COMPETENT COURT

    Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law. Failing amicable resolution, the dispute will be referred to the Paris Commercial Court.