Terms of sale

These terms of execution of the services (hereinafter “General Terms”) apply to various works, benefits and services (hereinafter “the Services”) made under the commitments accepted by Webpixelia (hereinafter “the Service provider “).

Subject matter and scope of digital sales

These terms and conditions also exclusively govern sales of digital products (PDF e-books, hereinafter referred to as the “E-book”) marketed by the Service Provider on its website or via partner platforms (Payhip). Any order for the E-book implies the buyer’s (hereinafter referred to as the “Client”) unreserved acceptance of these terms and conditions.

Remuneration

Unless otherwise agreed, the Service Provider’s fees are determined based on the number and experience of the required personnel and the necessary level of skill and responsibility; hourly rates are subject to periodic review. Travel, subsistence, and accommodation expenses incurred in the performance of the services will also be billed, where applicable. VAT at the prevailing rate is added to the fees and disbursements, where applicable.

Any fee amount agreed upon between the Service Provider and the Client necessarily entails the performance by the Client of the obligations set forth below.

Delays or other unforeseen problems, over which the Service Provider has no control and which are beyond its control, may result in additional fees that may be the subject of additional invoicing. The Service Provider undertakes to inform the Client of these delays and/or problems as soon as they arise in order to be able to assess the consequences with him.

Invoices will be issued corresponding to the services provided and disbursements incurred on a provisional basis and as they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due upon receipt.

In accordance with the law, any late payment requires the Service Provider to charge late payment penalties at the rate of 2.5%; Furthermore, the Service Provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being considered as being attributable to it.

Service Provider’s Obligations

The Service Provider’s commitments constitute an obligation of means, whereby the Services will be performed in strict compliance with prevailing professional standards and, where applicable, in accordance with the terms of the contract. To this end, the Service Provider will assign professionals possessing the requisite skills to the performance of the Services, ensuring they are carried out in accordance with its quality standards.

Client Obligations

To facilitate the proper performance of the Services, the Client undertakes to:

• to provide the Service Provider with complete and accurate information and documents within the necessary timeframes, without the Service Provider being required to verify their completeness or accuracy,
• to make decisions in a timely manner and obtain the necessary management approvals,
• to designate a contact person vested with decision-making authority,
• to ensure that key points of contact and the designated contact person are available throughout the performance of the Services,
• to notify the Service Provider directly of any potential difficulties regarding the performance of the Services.

Service Provider Personnel

By virtue of the hierarchical and disciplinary authority it exercises exclusively over its personnel, said personnel shall remain under our effective control throughout the full performance of the Services.

In the event of an intervention at the Client’s premises, the Service Provider undertakes to comply with the health and safety obligations communicated to it by the Client, provided that its personnel are afforded protection identical to that granted to the Service Provider’s own employees.

The Service Provider guarantees the regularity of the situation of its personnel with regard to the law. The Service Provider further certifies that it complies with the provisions of Articles 135, 136 and 137 of the Labor Code, relating to the fight against concealed work.

During the term of the Services and for a period of one year following their completion, the Client undertakes not to solicit or attempt to poach (or assist any other person in soliciting or attempting to poach) any employee of the Service Provider with whom the Client has had contact in the course of the performance of the Services. In the event of a breach, the Client shall be liable to the Service Provider, by way of a penalty clause, for compensation equal to one year of the last gross salary of the person so poached.

Information and Privacy

The Service Provider is subject to a legal obligation of professional secrecy.

Each of the parties undertakes not to disclose the confidential information received from the other party. Confidential information means information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties. Also confidential are the content of the Services as well as the reports, letters, information, notes, quotes, provided by the Service Provider during the performance of the services. These documents are communicated to the Customer for strictly internal use and on the condition that they are not disclosed to third parties or attached to any document that he would be required to produce. If the Client wishes all or part of these documents to be disclosed to/or used by a third party, he must request prior authorization in writing from the Service Provider. Terms and conditions applicable to this disclosure will then be set.

The obligations and restrictions set out above do not apply to information:

• confidential information that belongs to the public domain or was freely acquired prior to the commencement of the Services,
• is or becomes known other than as a result of a breach of this Article,
• is or becomes known through other sources not subject to a restriction on disclosure,
• or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.

Subject to its confidentiality obligations, the Service Provider reserves the right to perform services for companies that compete with the Client.

The Client acknowledges and agrees:

• that the parties may—unless expressly requested otherwise by the other party—communicate or transfer documents via email over the Internet;
• that neither party exercises control over the capacity, reliability, access, or security of such emails;
• that the Service Provider shall not be held liable for any loss, damage, cost, or harm resulting from the loss, delay, interception, diversion, or alteration of any email, regardless of the cause.

In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 2008-09 relating to the processing and protection of personal data.

Digital Products – Ebook

Ebook Pricing and Payment Terms

The price of the Ebook is stated in euros, inclusive of all taxes (VAT applicable on the date of the order). Payment for the Ebook must be made in full at the time of ordering via a secure transaction using a bank card or PayPal through the third-party platform Payhip. The Service Provider does not store any banking details. An invoice is automatically generated and sent electronically to the Client once payment has been confirmed.

Ebook Delivery

The Ebook is a digital product delivered instantly upon payment confirmation. The Client receives a unique download link on the confirmation screen and via email. Access to the product is permanent, subject to the availability of the hosting platform.

No Right of Withdrawal

In accordance with legal provisions regarding digital content supplied on a non-tangible medium where performance has begun with the Client’s agreement, the purchase of the Ebook is final and non-refundable. By checking the box accepting the Terms and Conditions prior to payment and initiating the download of the Ebook, the Client expressly waives their right of withdrawal. No refunds or exchanges will be granted.

Ebook Usage License

Purchasing the Ebook grants the Client a personal, non-exclusive, and non-transferable usage license. The content of this Ebook (text, diagrams, methods) remains the exclusive intellectual property of Webpixelia. Any reproduction, distribution, resale, public sharing (whether free or paid), or making available to third parties of all or part of the PDF file—without the prior written consent of the Service Provider—is strictly prohibited and constitutes copyright infringement.

Intellectual Property

In the event that any of the Service Provider’s recommendations, or the use of deliverables resulting from such recommendations, entails the use of assets subject to third-party intellectual property rights, the Service Provider shall inform the Client of the existence of such rights and the consequences of their use. It shall then be the Client’s sole responsibility to take all measures necessary to enable the use of such rights, including negotiating usage rights on its own behalf under terms that allow the Service Provider to utilize them for the purposes of the Services.

For the specific needs of the Services, the Service Provider may use or develop software, including spreadsheets, documents, databases and other IT tools.

In some cases, these aids may be made available to the Client and at his request. Insofar as these tools have been developed specifically for the needs of the Service Provider and without consideration of the Client’s own needs, they are made available to the Client for the duration of the contract as is and without any attached guarantee, simply destination of use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any transfer of rights or guarantee, whatever the title, for the benefit of the Customer or that of the third party.

The Service Provider reserves all right, title and interest in:

• the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc., carried out within the framework of the Services, including without limitation, any copyright, registered trademark and any other related intellectual property right,
• all methods, processes, techniques, developments, and know-how whether or not incorporated into the Services or that the Service Provider may develop or provide as part of the Services.

The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the Service Provider and integrated into its work. The Customer is prohibited from distributing, marketing, and more generally from making available or granting the use of these same achievements and more generally from granting the use of these same elements to third parties without the agreement of the Service Provider.

Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or not, of the other Party without the prior written consent of the latter. By way of derogation from the foregoing, the Service Provider may make use of the Client’s name, denomination, trademarks and logos during the course of the contract to the extent that is strictly necessary for the performance of the services, including in proposals subsequent benefits. In addition, the Client authorizes the Service Provider, at the end of the performance of the services, to quote his name/denomination as a reference and to accompany this quote, if necessary, with a generic description of the Services performed.

Documents

The Service Provider shall retain the original documents provided to it and return them to the Client upon request. All documents, data, or information provided by the Client shall remain the Client’s property.

The Service Provider shall retain copies only of those documents necessary to compile its working files.

Working documents prepared in connection with the Services are our property and are subject to professional confidentiality.

Conflicts of Interest – Independence

In the event that a conflict of interest or an independence issue arises during the performance of the Services, the Service Provider shall immediately notify the Client and work with them to identify the most appropriate solution in compliance with applicable rules. In particular, should a change in regulations or professional standards prevent the Service Provider from continuing the Services, it shall make the results of the Services—as well as all documents necessary for their completion, including its Documents in their current state—available to the Client, so as to facilitate their continuation by a third party.

Limitation of liability

The total liability of the Service Provider and its personnel regarding any breach, negligence, or fault arising during the performance of the Services shall be capped at the amount of the fees paid for the Services in question, in order to cover claims of any nature (including interest and costs), regardless of the number of actions, legal grounds invoked, or parties to the disputes.

This provision shall not apply to liability for death or personal injury, nor to any other liability that cannot be excluded or limited by law.

Furthermore, the Service Provider cannot be held liable in the following cases:

• due to a failure or deficiency regarding a product or service the provision or delivery of which is not the responsibility of the Service Provider or its potential subcontractors,
• for facts and/or data falling outside the scope of the Services and/or not constituting an extension thereof,
• in the event that the results of the Services are used for a purpose or in a context different from that in which the Services were performed, or in the event of incorrect implementation of recommendations or failure to take into account the Service Provider’s reservations.

The Service Provider shall not be liable—nor shall its insurers—for indirect damages, loss of earnings, loss of opportunity, or loss of anticipated profits, nor for the financial consequences of any actions brought by third parties against the Client.

Assignability – Subcontracting

The Service Provider reserves the right to assign all or part of the performance of the Services to service providers meeting the same qualification requirements.

If the Services require specific technical skills, the Service Provider shall inform the Client of the possibility of subcontracting a portion thereof. The subcontractor shall operate under the sole responsibility of the Service Provider and shall undertake to maintain the confidentiality of all information acquired in the course of performing the Services.

Claims

All claims—whether amicable or judicial—relating to the performance of the Services must be submitted within one year of the completion of the Services.

Independence

The executionof the Services does not in any way lead to the creation between the Customer and the Service Provider of a mandate or de facto partnership relationship. Neither party has the authority to commit or bind the other.