Terms & Conditions
1. – Contracting parties
Yassir Haouati, also operating under the trade name DEVYAHA, is a self-employed company, whose SIREN is 831537774 , specialized in Web Design/Development and Digital Marketing. The present terms and conditions govern the relations between Yassir Haouati, Hereinafter referred to as "The service provider", And any natural or legal person having appealed to the competences of Yassir Haouati, Hereinafter referred to as "The client".
2. – Scope of application and generalities
The purpose of these terms of sale is to define the rights and obligations of the parties during the sale of products or services realized by the service provider for its Clients in the framework of its commercial activity. All the characteristics of the services are detailed on the accessible website at https://www.devyaha.com Only the special conditions stated, If necessary, In the quotations, Purchase orders or commercial proposals, In the present terms and conditions and in the commercial code, regulate the conditions of sale of the products and services of the service provider. They shall prevail over any clauses and adverse conditions which may appear on the documents emanating from the client. The service provider reserves the right to modify its general conditions of sale, Formulas and rates at any time and without prior notice. These changes will not affect the orders in progress. Yassir Haouati reserves the right to pass on any new tax or any increase in existing tax rates to its rates without notice. If the client is an individual, He / She acknowledges being over the age of legal majority in accordance with the laws of the country in which he resides. The client using the services of Yassir Haouati acknowledges having read and accepted without any reserve the following terms of sales, As well as the warnings set out in the Extract from the Law n ° 57-298 of March 11, 1957 on the artistic property (O.J. of March 14, 1957) of the rights of the authors concerning the laws of the intellectual property. The service provider undertakes to develop, on its own microcomputers and software, On its premises, The website or the elements described in the quotation or the commercial proposal. The source codes remain the property of the service provider and cannot in any case be used for another website or sold by the client without the written authorization of Yassir Haouati. Any study, report, information, quotation, specifications, for a fee or free of charge, carried out by the service provider in order to provide services to the client, remain the exclusive property of Yassir Haouati. The client undertakes not to transmit them.
3. – Commitment of the parties
3.1 – Client responsability and commitment
To enable the service provider to realize its mission, the client agrees to : • Establish a detailed bill of specifications that will not be modified unless agreed by the parties, After approval by the service provider. In the case where the modifications would involve a substantial reshuffle of the initial bill of specifications, the latter will be invoiced in addition to the initial cost estimate. • Return the quotation / order form (dated, signed and stamped if possible) to the service provider, with the mention « Good for agreement », which certifies that the client has read and accepted the present terms and conditions. • Provide all the graphic and textual documentary elements necessary for the successful realization of the contract, particularly in the right formats that can be exploited depending on the targeted media (documents, logos, certificates, server access, information for mail transfers, digital media and others). • Have the necessary rights on the elements provided. Only the responsibility of the client to be engaged in this capacity. • To actively collaborate in the success of the project by providing the service provider with all the information and documents necessary for the proper understanding of the needs and the proper performance of the services. • Strictly comply with the technical and creative recommendations made by the service provider. • Guarantee the service provider against any action that may be brought against it due to the character of the data or information (texts, images, sounds) that would have been provided or chosen by the Client. • Set the sums owed to the service provider within the specified deadline. • Inform the service provider of a possible competition with other service providers. • Comply with all applicable laws and regulations, including in a non-limiting manner, intellectual property laws and regulations, personal data protection and protection of minors for information provided to the service provider. • Not to violate any obligation of confidentiality or non-disclosure when providing the information and allow the service provider to use them freely and without constraint in the performance of its services. If the client does not provide the bill of specifications prior to the start of the order, or if the bill of specifications does not include sufficiently precise indications or recommendations on how the development and / or graphical creation of an element included in the order shoud be, both parties agree that the choice of design is left to the free interpretation of Yassir Haouati. The client undertakes to provide fair and sincere information and agrees to notify the service provider of any change in the data provided and will be solely responsible for any possible malfunctions that may result from incorrect information. The client must maintain a valid e-mail address and postal address. The client acknowledges and assumes full and complete responsibility for the choices made with regard to textual and iconographic content represented in the realization delivered by the service provider. The client company acknowledges having taken note of the warnings made by the service provider, concerning the laws of the copyright and the intellectual property, and the penalties that may be incurred for their violation. Any text provided by the client must be read and corrected by the client himself, no modification or misspelling will be corrected by the service provider. In particular, it is prohibited to publish any form of content associated directly or indirectly with pornography and eroticism, pirated programs, racism, defamatory to anyone or discriminatory in any way, human rights violations in general, online gaming activity, violence of any kind (human, animal or environmental), violation of intellectual property rights related to the works contained or broadcast, in whole or in part on the client's web space. Yassir Haouati is not liable for any subsequent changes from the client, of the content of the pages created.
3.2 – Service provider, responsability and commitment
The service provider warrants that the creations are legally available and are not subject to the right of third parties, whether employed or not, for the uses provided for under the contract. The Service Provider undertakes to inform the client regularly and efficiently about the progress of the project implementation and this, in particular, through validations submitted to the client. For confidentiality and for the duration of the present and even after their cessation whatever reason, the service provider undertakes to strictly keep confidential all information and documents of any kind whatsoever relating to the client, to which he might have had access in within the framework of the performance of the present mission. The service provider undertakes to provide, as soon as possible, or within the time agreed with the client, the delivery of the orders made, and commits to do everything possible to ensure the client’s satisfaction. The service provider shall not be liable for any major technical problems which would hinder the performance of the contract (attacks, wars, natural disasters, superior force or prolonged disconnection of the Internet beyond its control). In no event shall the service provider be liable for the loss of documents required to perform the services ordered. The client is required to send only copies or documents without replacement value. The service provider reserves the right to refuse any document, text or image, contrary to its ethics, good morals or not in accordance with the legislation in force. Yassir Haouati delivers a finished product meeting the specifications of the quotation. Under no circumstances can Yassir Haouati guarantee that the site requested by client will ensure an increase in its sales, that the work provided will generate visits to the website, or will ensure a good position in the search engines. In no event shall the service provider be liable for any fault, negligence, omission or failure of the client, failure to respect the advice given by Yassir Haouati, particularly in terms of graphic orientation, choice of development, SEO method or Facebook Ads strategy. For the accomplishment of the services provided, Yassir Haouati undertakes to give his best care, in accordance with the rules of the art. The present obligation is not an express agreement, but a mere obligation of means. The client undertakes to collaborate actively with the service provider by providing it with all the information that is useful and necessary for the proper execution of the service and the respect of the execution deadlines.
4. – Costs and additional services
The price of the service is firm. It is stipulated excluding taxes and expressed in euros. The service provider may review the price of the service and remit it to the prevailing tariff if the project is implemented within a period of more than six months following the order (signature of the quotation), If this delay is mainly caused by a lack of involvement or reactivity from the client. The conditions of the offer concern exclusively the services specified in the quotation or the purchase order signed and validated. The corrections requested by the client are not unlimited. Any request for correction or additional service not provided for in the original quotation / initial purchase order, and involving additional work by the Contractor will be subject to either an hourly invoice based on 50 € excluding Tax / hour, or an additional detailed quotation subject to the validation and signature of the client. The refusal to pay an additional service invoiced per hour will entitle the service provider to the termination and full payment of the original sales agreement and to a compensation equal to the prejudice sustained and / or the value of the service. Unless otherwise stated or specific case, the various elements which may be necessary for the performance of the services provided by the service provider and which are not included in its offers are not included in the prices indicated. These may include, for example, typographic fonts, photographs or illustrations from image banks, templates or modules that are necessary for the development of the website. The service provider may, however, offer additional services such as printing or hosting. These rates will be explained and mentioned in the quotation or in the purchase order, and will therefore be included in the overall price of the service offered to the client. The textual content permitting the realization of the product must be provided by the client. He / She will also have to transmit the movements necessary for the good realization of the contract may also be invoiced to the client.
5. – Purchase order and start of work
The quotation and the Terms of sales signed by the client are exclusively considered as the acceptance of the latter and serve as a purchase order. This must be accompanied by the payment of 40% of the total price of the services to be provided. The work will begin when all the administrative documents (quotations, signed terms of sales and a 40% settled of the total amount) and graphical and textual documentary elements necessary for the successful realization of the contract, will be at the disposal of the service provider.
6. – Billing and settlement
The service provider proposes the following terms : - By bank check payable to Yassir Haouati, by bank transfer or by cash. - Deposit of 40% at the signing of the purchase order and 60% on delivery of the work. Any delay in payment from the 31st day of lag in relation to the issue of the invoice will give rise to penalties for delay calculated according to the legal rules in force. The penalty rate for late payment is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 5 points (c.com. art L 441-6, al 3 modified). Delay penalties at the annual rate of: 10.50% of the invoice amount per day. The costs of prosecution and fees for the recovery of unpaid invoices will be borne by the client. Any unpaid amount within the above-mentioned time limits, any delay in payment or any unpaid amount (in case of return of the payment securities by the bank for unpaid payment) of an amount owed by the client will lead to the immediate suspension of the services, pending the regularization of the situation. This suspension cannot be a cause of responsibility for Yassir Haouati The client cannot claim compensation from Yassir Haouati due to the suspension of his services following a payment incident. The prices stipulated in the quotation are valid one month from the date of issue. These remain firm and not revisable if the order takes place during this period. Rates are in Euros and do not include taxes. They have not been subject to VAT. «VAT not applicable, art. 293B du CGI ».
7. – Validations, delays, delivery
Upon signature of the quotation, the client agrees to provide the textual and graphical contents allowing the realization of the service within three weeks. In the hypothesis of late delivery of the documents or information by the client, a new production schedule will be transmitted by the service provider. In the hypothesis where the client does not respond to requests for disclosure of the requested and necessary documents for the performance of the service within a reasonable time, the parties agree that the continuation of the contract may give rise to a price revision. At each stage of the creation of the project, the client undertakes to transmit to the service provider its validations clearly and explicitly by sending an email or dated and signed mail. No validation or modification request will be taken into consideration by a simple phone call. Failure to validate or modify the models by the client within fifteen days will be deemed validated by both parties. The work done, delivered and tacitly validated, implies that the sums corresponding to this work are due. Yassir Haouati endeavors in the interest of the client to perform its services as soon as possible, or within the time agreed with the client when signing the quotation. In the absence of express and written contractual stipulation, no enforceable turnaround time will be deemed agreed to the charge of the service provider. In all cases, service and delivery can only begin from the moment when Yassir Haouati is in fact in possession of all the information and documents. The realization of the services therefore depends on the provision by the client of the necessary informations and documents for the realization of the order. Any delay may not entitle the client to cancel the service, to refuse the execution of the order or to claim damages. Any new requests that would be issued by the client while the project is being processed will be the subject of a separate quotation and will extend the time originally announced, which can no longer be respected. The website creation process set up by Blaise Posmyouck requires the graphics of the website to be validated before going into production. If the client issues a modification request impacting the design of an ordered site, while the site development phase has already been started, or the site has already gone into production, so that this modification requires intervention on the site development already in place, an additional quotation will be established by the service provider. The respect of the indicated deadlines imposes the client to be active on his project, and in particular to respond quickly to the requests made by Yassir Haouati. In general, new requests, regular changes of opinion or lack of responsiveness from the client, will have an impact on the announced deadlines which can no longer be respected. The client is therefore solely responsible for failure to meet deadlines. Also, In the hypothesis where the client does not provide the informations, documents or validations expected by the service provider, or does not follow up on his project by not giving a response to the reminders of the service provider (email or mail) within two months, the client shall be deemed to have abandoned its project and the parties agree in agreement that the contract will be declared to have been terminated. The work carried out until then will be due by the service provider, who will issue an invoice in this sense and deliver the items in their condition. No claim or compensation request will be accepted.
8. – Maintenance, updates and evolution
Yassir Hoauati endeavors to keep the website accessibility, without being obliged to do so, since this remains the sole responsibility of the supplier who hosts the website, and the client (unless a maintenance contract has been requested and signed by the two parties). It is specified that access to the website may be interrupted for maintenance purposes, updating and other technical reasons. The service provider is in no way responsible for these interruptions and the consequences for the Internet user. The service provider undertakes to use all means at its disposal to carry out its mission on working days and during office hours (9 am-12.30 pm and 1:30 pm to 6 pm), within the limits of its obligations of means and with the exception of events in cases of superior force, maintenance operations, and maintenance carried out on the server by the web host, or by the breakdown of the service attributable to the host or Internet service provider. The operation of the service may be interrupted to enable the service provider to carry out the maintenance work imposed by its mission. The service provider undertakes, however, when the conditions permit, to carry out these operations during the hours that are the least disadvantageous to the client. In the case of inaccessibility to the server due to technical malfunctions of its jurisdiction, the service provider undertakes to re-establish within 72 hours the proper functioning of the service. Suspension of access to the website during maintenance operations shall not give rise to the payment of any compensation. In no event shall the service provider be liable for any fault, negligence, omission or failure of the client, failure to comply with the advice given by the service provider, superior force, events or incidents beyond the control of the service provider, fault, negligence or omission of a third party over which the service provider has no power of control and supervision. In the event where the service provider’s liability is withheld, the client shall not be entitled to any indirect damage such as loss of customer, turnover or profit. In addition, the amount of compensation is expressly limited to the amount paid by the client in respect of the benefit incurred at the loss date.
9. – Rights and ownership of the completed work
9.1 – Rights to the completed work
It is reminded for information that according to the French Code of Intellectual Property (Articles L.121-1 to L.121-9), the moral right of a creation (including right of disclosure, work respect and right to withdrawal) is attached to its creator in a perpetual and imprescriptible manner. In fact, only the property rights explicitly stated on the invoice in the field "Rights ceded" will be transferred to the client, excluding any other rights, and in the possible limits contained therein (limit of support, territory or duration). These rights may in particular include the right of reproduction, the right of representation, the right of modification, the right of exploitation. Finally, it is recalled that according to the same French Code of Intellectual Property (Art L. 122-4), any representation or reproduction in whole or in part made without the consent of the author or of its successors in title is illegal and punishable according to the laws relating to the offense of counterfeiting. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any art or process.
9.2 – Ownership of the completed work
The entire production and related rights, which are the subject of the order, remain the entire and exclusive property of the service provider until the invoices have been paid in totality by the client up to the total amount of the order and of any eventual amendment made during the service. As a corollary, the client will become the owner of the production results and the rights ceded from the final settlement and settlement of all invoices issued by the service provider as part of the order. Unless otherwise stated on the quotation, production files and sources remain the property of the service provider. Only the finished product will be sent to the client. In the absence of such notice and if the Client wishes to have the sources of the documents, an amendment to this document will have to be requested.
9.3 – Principles of assignment
The reproduction and republication of the creations of the service provider are subject to the collection of royalties according to the law of March 11, 1957 (see texts below). The assignment of these rights concerns only the use specifically foreseen. Any subsequent or different use requires a new agreement. Changes or interpretations of a graphic design can not be made in any way, without the consent of the service provider. The signature can not be deleted without the agreement of the service provider. An idea proposed by the Client is not, in itself, a creation. Extracts from Act No. 57-298 of March 11 1957 on the artistic ownership of authors' rights : Article 1 : The author of a work of the mind is, by the sole fact of creation, in full position of an exclusive right of exclusive incorporated property and opposable to all. This right includes intellectual and moral attributes as well as patrimonial attributes which are determined by this Act. The existence or conclusion of a contract of letting of works or services by the author of a work of the mind does not imply any derogation from the enjoyment of the right recognized by Article 1. Article 2 : The provisions of this Act protect the rights of authors in all works of the mind, regardless of the genre, form of expression, merit or destination. Article 3 : In particular, the following are considered to be works of the spirit within the meaning of this Act: books, pamphlets and other literary, artistic and scientific works; works of drawing, painting, architecture, sculpture, engraving, lithography; photographic works of an artistic or documentary character and those of the same character obtained by a process analogous to photography; works of applied arts; illustrations, maps; plans, sketches and plastic works relating to geography, topography, architecture or science. Article 6 : The author has the right to respect for his name, his quality and his work. This right is attached to his person. It is perpetual, inalienable and imprescriptible. It is transmissible on account of death to the heirs of the author. The exercise may be conferred on a third party under the testamentary dispositions. Article 7 : The work is deemed to be created, independently of any public disclosure, solely by the fact, even if incomplete, of the author's conception. Article 8 : In the absence of proof to the contrary, authorship belongs to the person or persons under whose name the work is disclosed. Article 9 : The work creation of which have competed several physical persons is called collaborative work. The new work to which a pre-existing work is incorporated without the collaboration of the author of the latter is called composite. a work created on the initiative of a natural or legal person who edits, publishes and disseminates it under its direction and under its name, and in which the personal contribution of the various authors participating in its elaboration in general, for which it is conceived, without it being possible to attribute to each of them a distinct right over the whole realized is called collective. Article 21 : The author is in full position, throughout his life, of the exclusive right to exploit his work in any form whatsoever and to derive a pecuniary profit from it. On the death of the author, this right continues for the benefit of his beneficiaries during the current calendar year and the fifty years that follow. For collaborative works, the calendar year taken into consideration is that of the death of the last survivor of the collaborators. The exploitation of the author's economic rights. Article 26 : The right of exploitation belonging to the author includes : the right of representation, the right of reproduction. Article 27 : Representation consists in the direct communication of the work to the public, in particular by means of: public presentation, distribution of images by any process whatsoever. Article 28 : Reproduction consists in the material fixation of the work by all the processes by which it can be communicated to the public in an indirect way. It may be carried out in particular by printing, drawing, engraving, photography, molding and any process of graphic and plastic arts and mechanical, cinematographic, magnetic or electronic recording. Article 35 : The disposal by the author of his rights over his work may be total or partial. It must include for the benefit of the author the proportional share in the proceeds from the sale or exploitation. Article 38 : The assignment clause, which tends to confer the right to exploit the work not in a foreseeable or foreseen form at the date of the contract, must be express and stipulate a correlative participation in the profits of the exploitation.
9.4 – Reproduction and distribution rights
The reproduction and distribution rights are calculated according to the diffusion of the creation. They may be assigned as a lump sum or partially. Each different adaptation of the original work being the subject of a new assignment of copyrights. For each new edition, the amount of the fees must be updated. The rights are transferred in the temporal and geographical perimeter of this contract and can not exceed this limit. To allow the client to freely exploit the service provided in the course of its activity, all property rights related to the service provider’s creation under the Project shall be entirely and exclusively assigned to the client for specifically addressed media when ordering, upon the actual payment of all the fees due.
10. – Copyright and commercial mention
Unless explicitly stated otherwise by the client, the service provider reserves the right to include in the production a commercial mention clearly indicating its contribution, such as the formula «Website created by: DEVYAHA », accompanied when the support allows by an hypertext link pointing to the commercial site of its activity (devyaha.com).
11. – Right of publicity
Unless explicitly stated otherwise by the client, notified by mail with acknowledgment of receipt, Yassir Haouati reserves the right to mention its realization for the client company as a reference in the framework of its commercial prospecting, external communication and advertising. The client authorizes Yassir Haouati to use, for purely demonstrative purposes, the product of the realization (website, logo, etc.). This authorization extends more particularly to the constituent elements of the realization, including without limitation the public presentation of the following contents : the textual contents and the iconographic contents.
12. – Order cancellation
In the event of a breach of the contract by the client before the end date, the latter undertakes formally to regularize and remunerate the amounts related to the current calendar, the posts made or in progress, as well as the additional services performed such as consultancy and project management services. All copyright remains the exclusive and entire property of the service provider, except for the data provided by the client. The source files and data created and used by the service provider can not therefore be claimed by the client without a financial contribution. Models, and more generally, all original works, remain the property of the service provider, as well as the projects refused. The deposit already paid will be retained by the service provider, constituting compensation for the work undertaken.
13. – Inability to work
In case of incapacity to work, due to illness or accident, the service provider reserves the right to modify the current calendar without having to pay a compensation to the client. It is agreed that the service provider must notify the client from the first three business days of his incapacity.
14. – Superior force
The parties cannot be held responsible or have failed to fulfill their contractual obligations when the failure to fulfill the respective obligations arises from superior force ; the contract between the parties shall be suspended until the causes behind the superior force have been extinguished. Superior force takes into account irresistible facts or circumstances external to the parties, unpredictable and independent of the will of the parties, despite all reasonable efforts to prevent them. The following are also considered to be superior force cases : blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, and in particular all networks accessible via the Internet ; telecommunication networks difficulties that are external to the parties. The party affected by superior force will notify the other party within five working days from the date on which the superior force was noticed. The two parties shall then agree on the conditions under which the performance of the contract shall be continued.
15. – Complaint
Any complaint of any kind, to be valid, must be sent by registered letter with acknowledgment of receipt within 7 days of receipt of the invoices. After this period, the works and the execution or settlement conditions are considered as definitively accepted.
16. – Settlements of litigations
Any litigation related to the interpretation and execution of these terms of sales is subject to French law.