Subject of Contract The purpose of these General Terms and Conditions is to define the contractual conclusion of services between Gabriele Bryant EI and its clients. The company Gabriele Bryant EI, represented by Gabriele Bryant, located at 7b Avenue Emile Loscos, 34310 Capestang, operates as a microenterprise (Siren 914762521 00013). It offers web marketing, content and editing services.
Scope of Contract These GTC apply from the receipt of the estimate signed by the client and until the full payment of the service. A cost estimate shall be deemed to have been validly accepted as soon as the customer has signed it, preceded by the words “Agreed”. The service is considered delivered and completed as soon as the work specified in the estimate has been carried out by Gabriele Bryant EI and handed over to the customer. The applicable T&C are those in effect at the time the service is contracted. Gabriele Bryant EI reserves the right to change its GTC at any time and without notice. The new terms and conditions will only apply to services provided after these changes.
Definitions Website Analysis: Consists of the collection and analysis of violations of good eCommerce practices. In addition to this audit, Gabriele Bryant EI provides recommendations for correction, which the client may implement at his discretion. Website optimization: Consists in the correction of the violations identified in the analysis through adjustments in the structure or content of the website, made or accompanied by Gabriele Bryant EI. Website design: Consists in the written design of the structure and content of a new website that meets the e-commerce objectives of the client. And subsequent project support until the launch of the website. Content: Consists of planning, revising or creating textual content in line with the client’s eCommerce objectives. Editing: Consists in the analysis and revision of the client’s texts or manuscripts. Natural search engine optimization or SEO: Ranking Audit: Consists in the collection and analysis of the positions achieved by a website in a number of search engines and search queries determined in consultation with the client. The audit is carried out using one or more tracking tools. In addition to this audit, Gabriele Bryant EI provides recommendations that the client is free to implement. Technical SEO Audit: Consists in performing an audit of the structure of the website, pages and content to identify violations of good SEO practices. Complementing this audit, Gabriele Bryant EI provides recommendations for correction that the client can implement at its discretion. Strategic Keyword Definition: Consists of defining keywords that are subsequently used for SEO optimization and web marketing operations. Gabriele Bryant EI, in consultation with the client on the contract, defines the number and theme of keywords that meet the needs of the client. Optimization of the website for natural search engine optimization: consists in the on-site optimization of the website for a better presence in the main search engines.
Rates The rate for services is negotiated between the client and Gabriele Bryant EI and is clearly and comprehensibly stated in the estimate. The services of Gabriele Bryant EI are generally charged as a flat rate defined for the specific project order. In special cases, an hourly or daily rate can be applied (€40-70/hour depending on project / order). Prices are in Euro exclusive of value added tax (VAT). Expenses are charged separately according to time and effort. For meetings and appointments at the client’s site Gabriele Bryant EI charges a flat rate of € 0.50 per kilometer. Further expenses will be charged according to the actual effort.
Payment Terms The client agrees to pay Gabriele Bryant EI the amount agreed upon in the estimate, which is in accordance with the current rates. The payment modalities are specified in the accepted estimate. Payment shall be made by bank transfer to Gabriele Bryant EI according to the bank details indicated on the invoice. Gabriele Bryant EI does not accept cash payment.
Late Payment In the event of non-payment or late payment, i.e. 30 days after the invoice has been issued, the customer will be charged interest at three times the legal interest rate. The statutory interest rate is the interest rate in effect on the date the invoice is issued. Interest shall be calculated on the basis of the total amount of the invoice. For each delay in payment, in addition to the interest, the Customer will be charged a compensation of 40 euros for the collection costs (Article 441+6, I paragraph 12 and D.441-5 of the Commercial Code).
Obligations of Gabriele Bryant EI It is pointed out that Gabriele Bryant EI has an obligation to provide means and in no case results. She must therefore carry out her assignment in accordance with the rules in force in her profession and in compliance with all the data acquired in her field of competence. Gabriele Bryant EI undertakes to maintain absolute confidentiality with regard to the content of the assignment and all information as well as all documents that the client has communicated to her.
Obligations of the client In order for Gabriele Bryant EI to be able to execute the order, the client undertakes to provide her with all the necessary documents and information at the agreed-upon time. He also undertakes to provide her with access to various services and software programs relevant to the performance of the service. If the customer does not fulfill his obligations to cooperate, Gabriele Bryant EI is released from the obligation to perform. If Gabriele Bryant EI nevertheless performs, she will invoice expenses in accordance with the agreed cost estimate. The customer is obligated to inspect all services provided by Gabriele Bryant EI without delay and to notify Gabriele Bryant EI of any defects in writing, describing them in detail. If Gabriele Bryant EI, at the request of the customer, inspects the work and it turns out that there are no errors or that errors are outside the responsibility of Gabriele Bryant EI, she can invoice the effort.
Warranty Gabriele Bryant EI warrants that the services will be provided in accordance with the service description agreed upon in the cost estimate and will essentially fulfill the functions described therein. Third party providers: In case of interfaces or third party providers, the warranty of Gabriele Bryant EI ends at the interface. Gabriele Bryant EI does not warrant that third party services will be rendered error-free and secure.
Liability Gabriele Bryant EI can only be held liable for non-compliance with its obligation to provide services. Gabriele Bryant EI is liable for any damages, regardless of the legal reason (e.g. non-fulfillment, subsequent impossibility, delay, warranty, culpa in contrahendo, breach of collateral duty or tort) only in case of intent or gross negligence. A claim for damages shall be excluded if Gabriele Bryant EI is unable to fulfill the obligation because suppliers, third-party providers or other service providers have not properly performed their services without gross negligence on the part of Gabriele Bryant EI or because the products or services supplied by them do not function properly. In addition, the customer cannot hold Gabriele Bryant EI liable in the following cases: If the customer has failed to provide a document or information that is necessary for the order. If Gabriele Bryant EI has not been provided with all the means (in particular software, access to the client’s services) necessary for the performance of the service. If the customer has not followed the recommendations made by Gabriele Bryant EI. The customer must prove that he has notified Gabriele Bryant EI of defects in writing and that defects are based on Gabriele Bryant EI’s services.
Force Majeure Gabriele Bryant EI declines any liability and claim for damages in case of force majeure, in particular in case of illness, failure of the public power supply network, war, storm, earthquake, failure of the public telecommunication network, loss of Internet connection due to public or private operators.
Subcontracting Gabriele Bryant EI reserves the right to subcontract all or part of the services to a third party without notice and without compensation.
References The client authorizes Gabriele Bryant EI to include his name on her list of references.
additional services – corrections Any additional request and any service requested by the client that is not included in the accepted estimate is subject to an additional estimate or invoice.
Subscription Based Services Gabriele Bryant EI provides web marketing services that require updates, content editing, netlinking and SEO optimization, throughout the life of the client’s website. For this reason, Gabriele Bryant EI provides for a contract for the monthly payment of these services. The duration is specified in the estimate. As a rule, the duration of the subscription is one year. At the end of this period, the contract is automatically renewed for the same duration, but the customer has the possibility to cancel this contract at any time after the first period by following the cancellation conditions of the General Terms and Conditions.
Termination of Contract The Parties may unilaterally decide to terminate the contract by giving one month’s notice. In any case, the party requesting the termination of the contract shall fulfill its contractual obligations for the duration of the entire notice period. If the customer terminates the contract before the expiry of the period agreed in the estimate, he is obliged to pay Gabriele Bryant EI the price stated in the contract as compensation until the end of the term.
Delivery When preparing the price quote and estimate, the client will be given an estimated date for delivery of services if it is the creation or revision of a website. Since each contract is different, GabrieleBryant EI will give a date based on the work to be done. Except in special cases, cf. Article X, additional requests or changes in requirements expressly indicated by the Client.
Transfer of Intellectual Property Rights Gabriele Bryant EI guarantees to the customer : That after payment, he owns all rights to the results of the services provided by Gabriele Bryant EI, in particular the intellectual property rights. That the results do not constitute a forgery and that the rights of third parties are not affected as far as this is within the control of Gabriele Bryant EI. Securing the intellectual property rights of third parties Gabriele Bryant EI does not check whether the content or web pages delivered by the client or its agents violate the rights of third parties. The customer is solely responsible for the permissibility and freedom from third party rights of the content used by him and handed over to Gabriele Bryant EI, in particular with regard to copyright, competition law and criminal law. Gabriele Bryant EI reserves the right to reject such content or orders that are obviously illegal. However, Gabriele Bryant EI does not conduct its own legal review of the terms or content provided by the customer. The customer hereby indemnifies Gabriele Bryant EI from all claims of third parties arising from the customer’s use of content that is illegal or encumbered with the rights of third parties.
Changes to the General Terms and Conditions If changes are made to the general terms and conditions, Gabriele Bryant EI undertakes to inform the customer immediately by e-mail about the new applicable general terms and conditions. If the customer does not object to these new terms and conditions within fifteen days after the notification and continues to use the services, the new general terms and conditions are considered accepted.
Applicable law and place of jurisdiction: Amendments or supplements to the contract, including collateral agreements, must be made in writing. This also applies to this provision. Should individual or several provisions of the contract including the general terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements in case of doubt. Instead of the ineffective provisions, a provision shall apply that comes as close as possible to the economic sense and purpose of the ineffective provision in a legally permissible manner. The exclusive place of jurisdiction shall be at the registered office of the Contractor. French law is applicable.