General Terms Of Sale | FractalMax Agency

General Conditions Of Sales

Apply from 10.15.2022

Updated: 06.13.2023

Article 1: General Conditions of sales "CGV" between Laurence Zimmermann, FractalMax®, 66 Avenue des Champs- Élysées, 75008 PARIS "Laurence Zimmermann, FractalMax®" and the client "Client". Collectively "Parties".

The general conditions of sale described below detail the rights and obligations of Laurence Zimmermann, FractalMax, and its client in connection with the sale of the following services:

- Website Design

- Graphic Design

- Website Consultation

The services that Laurence Zimmermann, Fractalmax® offers are detailed on our website https://fractalmax.agency

Article 2: These general conditions of sales are made effective when the client sign the quote. Any acceptance of the quote including the mention "I acknowledge having read and I accept the general conditions of sale of the site fractalmax.agency" implies the unreserved acceptance of the client to these general conditions of sale. A quote equal a purchase order. They are send per mail for the paper format) or email (electronic format) and constitute a contract between the Laurence Zimmermann, FractalMax® and the client.

To order a service on FractalMax.agency, you must be at least 18 years old. Laurence Zimmermann, FractalMax®, does not recognize any other conditions of sale. All signed quotes are subject exclusively to the General Terms and Conditions of Sale in force at the time of the order.

Article 3: Prices

The prices of the services sold are those in force on the day of the order. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate on the day of the order. Laurence Zimmermann, FractalMax® grants itself the right to modify prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when registering the order.

The customer authorizes Laurence Zimmermann, FractalMax® to make the invoice in electronic format.

Article 4: Ordering procedure

The first step is booking a free call to discuss your website project with Laurence Zimmermann, FractalMax®. Following this call, we will send you an email with a quote that you will have to accept and sign if you want to work with us. We also reserve the right to refuse an order. To be able to do a quote, the client has to precisely indicate to Laurence Zimmermann, FractalMax® what they want per email or during a video call.

We do not accept to provide web design services if your project is related to:
- Illegal activities/content
- Adult content
This list is not exhaustive. The client certify that its activity is legal.

The client authorizes Laurence Zimmermann, FractalMax® to make the invoice in electronic format.

Domain Name: Laurence Zimmermann does not verify if the domain name you provide is lawful. The client certify being the owner of the rights like the trademark for example, necessary to the purchase and management of the domain name. The domain name the client choose is it’s entire responsibility (even if the client ask Laurence Zimmermann, FractalMax to buy the domaine name).

Article 5: The obligation of the customer

Provide the elements necessary for the realization of the website: Texts (word document, keynote, powerpoint, etc.), images (png - jpeg), videos, audio, logo, etc.

The client guarantees that he has the right and the necessary authorizations (model releases etc) to use the texts, images, videos, illustrations, icons, logo, trademark or any other content provided to Laurence Zimmermann, FractalMax®. Under no circumstances can Laurence Zimmermann, FractalMax® be held responsible for copyright problems of the content provided.

The client is the only responsible for the information, services, products, video, audio, images, articles, illustrations, icons or other signs that is made available to users. The client is the only responsible in case of counterfeit act or Infringement of intellectual property rights.

Our services does not include:

- Legal texts (Privacy Policy - Conditions of sales - Conditions of Use - Disclaimer DMCA - Cookie Policy - ADA or others)

- Other legal texts like guest blogger agreement, release model, referral program, contest rules, giveaway rules or others).

- The cookie banner

- Accessibility widget

It's the client responsibility to make sure the website has all required legal texts. It's the responsibility of the client to add the accessibility widget on the website if it is required by law. Laurence Zimmermann, FractalMax® cannot be held responsible for legal documents or accessibility widget missing on the client's website. Please ask a lawyer for the legal texts and everything related to accessibility.

Note: We can install the accessibility widget code on your website once you have purchased a plan to an Accessibility site. We can also add the legal texts to your website if you don't want to do it yourself, just let us know, but Laurence Zimmermann, FractalMax® do not accept any responsibility about the content of the legal pages you provide.

Laurence Zimmermann,® cannot be held responsible for the failure to comply with the laws and regulations active in the country where the service is intended. Failure to comply with these laws or regulations is the customer's entire responsibility.

The customer undertakes to collaborate and communicate actively with Laurence Zimmermann, FractalMax® by providing the information requested and necessary for the realization of the website.

The client is responsible to save all their documents, videos, audios, images etc. Laurence Zimmermann, FractalMax® is not a storage platform.

Article 6: The obligation of Laurence Zimmermann, FractalMax®

Striving to deliver the website to the customer within the estimated time on the quote. The estimated delivery time is not an obligation, but an estimate. The satisfaction of our customers is our priority and we will make a constant effort to meet the announced deadline. In the event that the website cannot be finalized on time, a new deadline will be given to the customer.

Inform the client on the progress of the website (once a week), this can be done per email or during a 30-min video call.

During the realization of the website we, it may be necessary for the customer to share proprietary information, including trade secrets, industry knowledge and other confidential information, with Laurence Zimmermann, FractalMax® in order to be able to complete the website in its final form. Laurence Zimmermann will not share any of this proprietary information, even after the execution of the agreement. Laurence Zimmermann, FractalMax® will also not use this proprietary information for his personal benefit even after the execution of the contract.

Article 7. The Premium Portal

Good communication is very important to us, this is why we created the portal. We only give access to this portal to our clients. In the Portal, you can create posts to ask questions, share your project images, videos, pdfs and follow your website progression. I will use this space to communicate easily with you about your website redesign.

You will also have access to the portal for other services we offer such as website management or "Website Ecosystem" packages (Silver - Gold and Platinum)

Start in 2 steps:

Laurence Zimmermann send you an invitation with the link to connect to the Portal.
Read the Welcome document.

Important Note: The portal is not a storage platform, so make sure you take the necessary steps to save all your documents (pdfs, docs, presentations, gifs etc), videos and images on your own device. You'll access this Private Portal only during the time we work on your project. This Private Portal will be deleted two months after your website is completely finished, its purpose is only to share documents easily, in a centralized place. It's the same process for other services we offer such as website management or Website Ecosystem packages (Silver - Gold and Platinum).

Article 8. Website Management Service (per month):

Website management service includes 4 hours work per month + 30 min weekly one-on-one update calls.

Website management service includes:

- Content upload (text, picture, videos, infographics, etc.)

- Web pages modifications

- Adding services or products.

- Adding packages

- Adding blog posts

- Adding events, classes or other in the WIX or Editor X calendar

- Marketing integrations

- Modules settings

- Priority support

This service does not include:

- Backup of photos, videos or any other documents.

- Maintenance of a website other than the one mentioned on the quote

- The reconstruction of any file that has been accidentally destroyed.

- Coding work.

Start date of the website management service:

- At the date agreed between Laurence Zimmermann and the client.

- Within a time frame agreed between Laurence Zimmermann and the client.

In any case, it will be clearly specified in the quote signed by the client.

For Laurence Zimmermann to realize the work in good condition, the client will send the documents needed 48 before each modification that needs to be made to the website

Laurence Zimmermann undertakes to notify the customer 1 month before taking her annual vacation.

Article 9: Testimonials

The customer authorizes Laurence Zimmermann, FractalMax® to use his/her testimonial with a portrait picture, first name and last name, the name and/or the logo of the company on the website fractalmax.agency, fractalmax.com or other communication media like all social networks, FractalMax sales funnels and landing pages for advertising purposes (free and paid ads), videos, blog posts, etc.

Article 10: Discounts and rebates

The rates offered include discounts and rebates that the company Laurence Zimmermann, FractalMax®, would have to grant in view of its results or the assumption by the buyer of certain services.

Article 11: Discount for payment in advance

No discount will be granted in case of advance payment.

Article 12: Terms of payment

The payment of orders is made:

When ordering one of our Web Design services, the client pays 30% at the beginning of the project and 70% after transfer of the website to the customer account and when the website is live. Laurence Zimmermann, FractalMax® may accept multiple payments.

Article 13: Late payment

In case of total or partial non-payment of the services delivered on the due date, the buyer must pay a late payment penalty equal to three times the legal interest rate to the company Laurence Zimmermann, FractalMax®. The legal interest rate retained is the active rate on the day of delivery of the services.

From 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014). In the first half of 2023, the legal interest rate is 0.77% for claims owed to professionals.

This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to the late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. Articles 441-10 and D. 441-5 of the French Commercial Code.

Article 14: Termination

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be resolved automatically and may give rise to the right to the award of damages for the benefit of the company Laurence Zimmermann, FractalMax®.

Article 15: Retention of ownership

The company Laurence Zimmermann, FractalMax®, retains ownership of the services or products sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or judicial liquidation, the company Laurence Zimmermann, FractalMax®, reserves the right to claim, in the context of the collective proceedings, the services or products sold and remained unpaid.

Article 16: Service delivery time

Up to 4 pages: 4 to 8 weeks

Up to 8 pages: 6 to 12 weeks

Up to 12 pages: 8 to 12 weeks

The deadline will be agreed with the client and specified in the quote.

This delivery time starts when Laurence Zimmermann, FractalMax® received the advance payment at the start f the project in the bank account (Bank transfer). Laurence Zimmermann, FractalMax® does everything possible to respect delivery deadlines. If we are unable to deliver the service at the time announced on the order, the customer will be informed by email about the new estimated delivery date.

Article 17: Right of withdrawal

You are a professional purchasing a package for your company's website design. This is a primary business need. The right of withdrawal is not applicable in this case as stipulated by law.

Article 18: Force majeure

Laurence Zimmermann, FractalMax® cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

Article 19: Sickness, accident and incapacity for work

Laurence Zimmermann, FractalMax® will notify the customer from the first working day following his incapacity for work and reserves the right to change the delivery time of the website without the customer being able to demand compensation payment.

Article 20: Processing of data

When you place an order and use our web design services, you certify that you have read and accepted our Privacy Policy: https://fractalmax.com/privacy-policy

You have the right to access, modify, rectify, oppose and delete personal data concerning you in accordance with the Data Protection Act of 6 January 1978.

Article 21: Disclaimer of Warranties.

Laurence Zimmermann, FractalMax® shall create a Website for Client’s purposes and to Client’s specifications. LAURENCE ZIMMERMANN, FRACTALMAX® DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. LAURENCE ZIMMERMANN, FRACTALMAX® HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).

Article 22: Not legal advice

Laurence Zimmermann, FractalMax is not a lawyer; the information provided are for information purposes only and is not an alternative to legal advice from your lawyer. It is not intended to provide legal advice of any kind. You should never act without first seeking professional legal advice. Your use of the information is at your own risk.

Article 23: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Paris.

Article 24: Changes and amendments

We reserve the right to change these General Conditions of Sale at any time and at our discretion. When we do, we will revise the "update date" at the top of this page.

Article 25: Acceptance of these conditions

You acknowledge that you have read these General Terms of Sale and that you accept and agree to them when you sign the quote.

If you have any questions, concerns, or complaints about these General Terms and Conditions of Sale, we encourage you to contact us using the contact details below:

Terms of Sale Page

info@fractalmax.agency

Head Office: 66 Avenue des Champs-Elysées, 75008 PARIS.

Commercial Registration Number 801 407 453 in PARIS, 03 October 2018.

SIRET: 750 902 827 00021

VAT: FR87 750 902 827

Publication manager: Laurence ZIMMERMANN

Host: WIX

Site Created with Editor X

Updated: 01.07.2023