These General Terms and Conditions of Sale, hereinafter referred to as the “GTCs”, govern the services provided by TrameCode to its professional clients and, where applicable, to consumer clients.
They apply in particular to the design and development of websites, web and mobile applications, e-commerce solutions, search engine optimisation (SEO), maintenance, technical support and, more generally, digital services expressly specified in the accepted quotation or offer.
Any order implies that the Client has read and accepted these GTCs, subject to any mandatory statutory provisions that may apply.
Aurélien Aubry – Sole Trader (Entrepreneur individuel – EI)
Trading name: TrameCode
Activity: Web Development & Mobile Applications.
Address:
Résidence Les Pervenches
2 Boulevard du 8 Mai 1945
83330 Le Beausset – France
SIREN: 108 505 140
SIRET: 108 505 140 00013
APE code: 6201Z – Computer programming activities
VAT Number: FR19 108 505 140
VAT not applicable, Article 293 B of the French General Tax Code
Telephone:
+33 (0)6 78 33 42 94
Email:
info@tramecode.com
Website:
https://www.tramecode.com/
The purpose of these GTCs is to define the rights and obligations of TrameCode and the Client in connection with the services ordered.
They apply to all services ordered from TrameCode, unless specific terms are expressly set out in a quotation, contract or offer accepted by both parties.
In the event of any inconsistency, the specific terms set out in the quotation or contract shall prevail over these GTCs in respect of the matters they expressly govern.
Provisions specifically intended for consumers apply only to Clients who qualify as consumers within the meaning of the French Consumer Code.
TrameCode may provide, in particular:
– the creation, redesign and enhancement of websites.
– the development of web or mobile applications.
– the creation or integration of e-commerce features.
– the integration of databases, user accounts, dashboards, APIs, payment methods or third-party services.
– search engine optimisation (SEO) services.
– maintenance, support, corrective and enhancement services.
– consulting, integration and technical support services.
The exact scope, features, deliverables, any exclusions and the specific terms of the service are defined in the quotation, contract or offer accepted by the Client.
Any request may result in the preparation of a quotation, a commercial proposal or the acceptance of a package offered by TrameCode.
The order becomes binding once the quotation, contract or offer has been accepted in writing by the Client and, where a deposit is required, once that deposit has been received.
Any request falling outside the scope initially agreed, including the addition of features, pages, integrations, content, languages or substantial modifications, may be subject to an additional quotation or additional invoicing after the Client has been informed.
TrameCode may refuse a request for a legitimate reason, including technical impossibility, unavailability, an unlawful request, failure to provide information necessary to assess the project, or a previous payment-related dispute.
Prices are expressed in euros (€).
The applicable price is the price stated in the quotation, contract or offer accepted by the Client.
TrameCode benefits from the French VAT exemption scheme (franchise en base de TVA). VAT is therefore not charged for as long as the statutory conditions for benefiting from this scheme are met.
Prices include only the services expressly specified. Purchases or third-party services, including domain names, hosting, licences, subscriptions, extensions, APIs, sending services, payment solutions or other external services, remain payable by the Client unless otherwise agreed in writing.
TrameCode may change its prices for future orders. A price change does not affect an order that has already been definitively accepted.
Payment terms, any deposit, instalments and the balance payable are specified in the quotation, contract or invoice.
Unless otherwise agreed, invoices are payable within the period stated on them.
For professional Clients, any late payment shall automatically result, from the day following the payment due date and without any prior reminder being required, in:
– late-payment penalties at a rate equal to three times the statutory interest rate.
– the fixed indemnity of €40 for recovery costs provided for by the applicable regulations becoming due.
– where the recovery costs actually incurred exceed this indemnity, additional compensation may be claimed upon supporting evidence.
– the right for TrameCode to suspend ongoing services after informing the Client, without prejudice to any outstanding amounts due.
No discount is granted for early payment unless otherwise expressly agreed in writing.
The estimated completion period or schedule is specified, where possible, in the quotation, contract, offer or project-related communications.
Timeframes may be affected in particular by the complexity of the project, additional requests from the Client, response or approval times, late provision of content, the involvement of third-party providers or any event beyond TrameCode’s control.
The Client shall be informed within a reasonable period where an event is likely to cause a significant delay to the planned schedule.
Where a consumer Client benefits from the provisions of the French Consumer Code and no date or timeframe has been agreed, the service shall be provided without undue delay and no later than within the statutory period applicable.
The Client undertakes to cooperate with TrameCode in good faith and, in particular, to:
– provide accurate, complete and useful information for the completion of the project.
– provide within a reasonable period the texts, images, logos, access credentials, login details, files and other elements required.
– provide the requested approvals and feedback so as not to delay progress on the project.
– verify the information, content and elements that the Client asks to be published or integrated.
– comply with intellectual property rights, privacy rights and the regulations applicable to the content supplied.
The Client warrants that they hold all rights, permissions and licences required for the elements supplied to TrameCode. The Client remains responsible for the lawfulness and accuracy of those elements.
Depending on the nature of the project, TrameCode may provide the Client with mock-ups, test versions, previews or interim deliverables in order to obtain comments and approvals.
The Client must identify with sufficient precision any defects, errors or correction requests falling within the agreed scope.
Delivery may take the form of publication online, deployment, delivery of files, access to an application, transfer of code or any other method specified in the quotation.
Enhancement requests made after approval or delivery that do not constitute the correction of a failure to comply with the agreed scope may be subject to an additional service.
Unless otherwise stated in the quotation, the domain name and hosting are subscribed to by the Client in the Client’s own name so that the Client retains control of them and the contractual ownership rights with the relevant providers.
Where TrameCode assists the Client with the configuration or use of a third-party service, the agreement relating to that service remains between the Client and the relevant third-party provider, unless otherwise stated.
The terms, prices, availability, changes, suspensions or interruptions of third-party services are the responsibility of their respective providers. TrameCode cannot be held liable for a failure exclusively attributable to a third-party provider, without prejudice to TrameCode’s liability for its own services.
The Client remains responsible for renewing subscriptions, domain names, hosting, licences and services subscribed to directly in the Client’s own name.
Maintenance, support, update or enhancement services are included only where expressly provided for in the quotation, contract or subscribed offer.
The terms of any recurring service, including its scope, duration, price, renewal and termination arrangements, are specified in the corresponding offer or contract.
Work made necessary by a change requested by the Client, intervention by a third party, a change of hosting provider, an external update, a new incompatibility or an incident unrelated to any fault by TrameCode may be subject to additional invoicing after the Client has been informed.
Elements specifically created by TrameCode for the Client remain the property of TrameCode until full payment of all amounts due in respect of the relevant service.
After full payment, the rights licensed or assigned to the Client are those expressly provided for in the quotation, contract or specific terms. In the absence of an express assignment of economic intellectual property rights, no assignment may be presumed beyond what is necessary to use the deliverable for its contractual purpose.
TrameCode’s tools, methods, know-how, libraries, generic components, frameworks, reusable modules and pre-existing elements remain its property or remain subject to their own licences.
Software, fonts, images, libraries, APIs, components or other third-party elements remain subject to the licences and terms of their respective rights holders.
Unless the Client objects in writing and provided that no confidential information is disclosed, TrameCode may mention the Client’s name and publicly display the completed project as a commercial reference or in its portfolio.
Search engine optimisation services are provided on a best-efforts basis and do not constitute a guarantee of results.
TrameCode implements the optimisations specified in the quotation on the basis of the information available, technical best practices and the context of the project.
A website’s ranking depends on many external factors, including search engine algorithms, competition, domain age, the quality and development of content, inbound links, technical performance and actions carried out by third parties.
Accordingly, no ranking, specific position, traffic volume, number of enquiries or level of turnover can be guaranteed unless expressly agreed otherwise in writing.
Where a contract is concluded at a distance or off-premises with a consumer Client and no statutory exception applies, the consumer has fourteen days from the conclusion of the contract in which to exercise the right of withdrawal without having to provide any reason.
The consumer may exercise this right using the model withdrawal form at the end of these GTCs or by any unambiguous statement setting out the decision to withdraw.
The request may be sent to: info@tramecode.com.
If the consumer wishes performance of the service to begin before the expiry of the withdrawal period, TrameCode shall obtain the consumer’s express request in accordance with the conditions required by law.
If the consumer withdraws after expressly requesting that performance begin before the end of the withdrawal period, the consumer shall pay an amount proportionate to the services actually provided up to the time the decision to withdraw is communicated, in accordance with the applicable statutory provisions.
Where the service has been fully performed before the expiry of the withdrawal period, following the consumer’s express request and acknowledgement that the right of withdrawal will be lost once the contract has been fully performed, the right of withdrawal may no longer be exercised under the conditions provided by law.
Consumer Clients benefit from all mandatory guarantees and rights provided by the applicable legislation.
Where a service legally falls within the rules governing digital content or digital services, TrameCode is required to provide digital content or a digital service that conforms to the contract under the conditions laid down by the French Consumer Code.
For a one-off supply or a series of separate supply operations, defects in conformity existing at the time of supply and appearing within the statutory period may give rise to the remedies provided for by law.
Nothing in these GTCs may exclude or restrict any right or guarantee that is mandatorily granted to the consumer.
Except where a statutory right of withdrawal or termination is exercised, any request by the Client to cancel or terminate shall be dealt with in accordance with the quotation, the contract and the applicable statutory rules.
Services actually performed and costs incurred in carrying out the project before termination takes effect remain payable to the extent permitted by law.
Amounts already paid shall be set off against the amounts due according to the nature of the sums paid and the terms agreed.
TrameCode may suspend performance of a service in the event of a sufficiently serious breach by the Client of the Client’s obligations, including non-payment, prolonged failure to cooperate or a manifestly unlawful request, after informing the Client where circumstances permit.
Termination for breach shall not deprive the injured party of any other rights it may have.
TrameCode undertakes to perform the agreed services with due care and professionalism, on a best-efforts basis unless otherwise required by law or expressly agreed by contract.
TrameCode cannot be held liable for damage resulting exclusively from:
– inaccurate or incomplete information supplied by the Client.
– use of the deliverable contrary to instructions, its intended purpose or applicable regulations.
– a modification carried out by the Client or a third party without TrameCode’s involvement.
– a failure or interruption exclusively attributable to a hosting provider, registrar, API, platform, payment provider or other third-party service.
– content supplied or imposed by the Client that infringes a third party’s rights or applicable regulations.
The Client is responsible for retaining the necessary access credentials and backups where these fall within the Client’s responsibility and for promptly reporting any anomaly of which the Client becomes aware.
Nothing in these GTCs limits any liability that cannot lawfully be excluded or limited, particularly in relation to a consumer.
Neither party shall be liable for a failure to perform its obligations where that failure results from an event constituting force majeure under French law.
The affected party shall inform the other party as soon as reasonably possible where such an event affects performance of the contract.
The affected obligations shall be suspended for the duration of the event to the extent permitted by law. If the impediment becomes permanent or continues to such an extent that the contract no longer serves its intended purpose, the consequences shall be determined in accordance with the applicable statutory provisions.
Personal data provided by the Client is processed in particular to respond to enquiries, prepare quotations, perform services, manage invoicing, monitor the business relationship and comply with TrameCode’s legal obligations.
Where TrameCode processes personal data on behalf of the Client as part of a service, the parties’ respective responsibilities under data protection legislation are determined according to the nature of the processing and, where necessary, specified contractually.
For further information, the Client may consult the Privacy Policy available on the website.
For any question or complaint relating to an order or service, the Client may contact:
TrameCode – Aurélien Aubry EI
Résidence Les Pervenches
2 Boulevard du 8 Mai 1945
83330 Le Beausset – France
Telephone: +33 (0)6 78 33 42 94
Email: info@tramecode.com
The Client is invited to provide information enabling the relevant project, quotation or invoice to be identified, together with a sufficiently precise description of the request.
In the event of a dispute with a consumer Client, the consumer must first submit a complaint to TrameCode in an attempt to reach an amicable resolution.
If the complaint is unsuccessful, the consumer may refer the dispute free of charge to the consumer mediator responsible for TrameCode, in accordance with the conditions laid down by the French Consumer Code.
Consumer mediator: [TO BE COMPLETED AFTER JOINING AN APPROVED MEDIATION SERVICE]
Address: [TO BE COMPLETED]
Website: [TO BE COMPLETED]
These details must be completed with the contact information of the mediator actually appointed by TrameCode before these GTCs are used with consumers.
These GTCs are governed by French law.
In the event of any difficulty relating to the interpretation, performance or validity of these GTCs or of a contract entered into with TrameCode, the parties are encouraged to seek an amicable resolution as a priority.
Where the Client is a consumer, mandatory statutory rules relating to court jurisdiction remain fully applicable.
Where the Client is a professional, any dispute shall be brought before the competent court in accordance with the applicable rules of procedure, unless a valid jurisdiction clause has been agreed in a specific contract.
TrameCode reserves the right to amend these GTCs for the future, in particular to reflect changes in its services, organisation or applicable regulations.
The GTCs applicable to an order are those accepted by or made available to the Client at the time the contract is concluded, unless an amendment is required by a mandatory statutory provision.
Thank you for your trust.