Terms and Conditions of Sale

Publised on Tuesday, 6 Jun 2023

Article 1: Scope of Application

The purpose of this contract is to define the terms and conditions under which Rautea provides services to its client.
These general terms and conditions of sale govern the commercial activity of website creation as well as other products and services offered by Rautea.
The signing of the quote with the mention of agreement implies full and unconditional acceptance by the client of these general terms and conditions of sale.

Article 2: Modifications

Rautea reserves the right to adapt or modify these general terms and conditions of sale at any time.
In the event of modification, the terms and conditions applicable to each order will be those in force on the day the order is placed.

Article 3: Definitions

For the purposes of these terms, each of the expressions mentioned below shall have the meaning assigned to it hereafter:
Rautea Agency refers to the sole proprietorship identified by TAHITI number E37893 and TAHITI ITI number 001, whose registered office is located at Lotissement Socredo – 99 Avenue Matavai, 98709 Mahina, Tahiti.
Client refers to any natural or legal person who signs a quotation in paper or electronic format.
Service refers to all types of services provided by Rautea Agency on behalf of the client.
Provider refers to any natural or legal person with whom Rautea Agency enters into a contract related to or arising from the services.
Internet refers to the network of all interconnected networks of various sizes using the TCP/IP protocol.
Website refers to the structured set of pages consisting of textual, graphic, photographic, audio, video, or multimedia elements in standardized formats.
Web Space refers to the storage space allocated by a provider for the hosting of each client’s website.
Publication refers to the action of transferring the client’s website to a web space.
The publication means delivery.

Article 4: Conditions

Upon your simple request, by email only, we will send you a free quote, valid for one month from the date of issue.
The studies, quotations, and documents provided or sent by Rautea Agency remain the property of Rautea Agency; they may not be shared with third parties under any circumstances by the client.

Rautea Agency reserves the right to refuse any request that does not comply with the conditions below or for any other technical reason beyond our control.

Contract conclusion: Following the client’s acceptance of our quotation by return email with the note “approved” along with their personal information: full name and complete postal address serving as a digital signature, or by mail with the note “approved” followed by the client’s signature and indication of the chosen payment method with complete references, and after receipt and cashing of half of the payment indicated on the quotation, we will then execute the order within the agreed timeframe.
The second half of the payment will be due after publication. In the case of a subscription to our services, the total amount of the quotation must be paid before the 7th of each month.

Any non-payment by the client will result in the automatic termination of the contract.
Any accepted and paid contract is non-refundable.

The client is required to provide the texts and photographs, in electronic format and without spelling mistakes, to be inserted into the various sections of the website. No text entry or corrections will be carried out by Rautea.
Rautea Agency offers, if necessary and for an additional fee (hourly or per-article pricing), the drafting of texts.

Article 5: Promotion of Creations

Unless otherwise stated in writing, Rautea Agency may distribute any creation produced for “portfolio presentation” purposes on any type of medium, without time limitation, by mutual agreement with the client, via email.

Article 5.1: Communication Obligation

Unless otherwise stated in writing, or special mentions included in the quotation and/or client invoice, the mention
“Graphic design: Rautea Agency” will be affixed to printed or web creations (for the web, this includes contact details in the legal notices with a link to the email address [email protected] and the agency’s website Rautea ).
The label “Graphic design” being related to the nature of the creations, it may be modified, and the appropriate term will remain at the discretion of Rautea Agency.

Article 6: Reference to Clients

The client authorizes Rautea Agency to mention their name or company name in Rautea Agency’s documents, as a reference for the purposes of its own commercial promotion.
The client agrees to include the statement: “Created by: Rautea Agency” on all copies of the service.
Rautea Agency or its commercial intermediaries are authorized to use the product for demonstration purposes.

Article 7: Modification of the Client’s Initial Request

Any new creation to be carried out will be subject to a new quotation, particularly if the modifications, adjustments, or revisions of the creations initially planned in your quotation result in an intervention:

Article 8: Intellectual Property

All elements provided by the client remain their property. Any element modified by Rautea Agency and originally supplied by the client shall remain the client’s property with respect to the original element, and the property of Rautea Agency with respect to modifications, where these involve programming elements.
The transfer of usage and distribution rights of creations made by Rautea Agency becomes effective upon full payment of the invoiced amounts. The work delivered to the client consists of the website source code.
The rights of use and distribution of the source files containing the raw creation are transferred for 99 years, without restriction of space or purpose, by Rautea Agency.
The usage rights of elements not created by Rautea Agency cannot be transferred for any purpose other than the website created.

Article 9: Client Responsibility

The client agrees to provide accurate and honest information and to notify us of any changes regarding the data supplied. The client shall be solely responsible for any malfunctions that may result from erroneous information. The client must maintain a valid email address and a valid postal address.

Article 9.1: Legal Compliance

The client has full freedom regarding the content of their web space, provided it complies with current laws and regulations, respecting copyrights, author’s rights, and intellectual property of images or other files they supply (the client remains responsible for this verification and must provide evidence upon request).
It is strictly prohibited to publish any content directly or indirectly related to: pornography or erotica, pirated software, racist or defamatory material against anyone, discriminatory content of any kind, content infringing upon human rights in general, online gambling, violence of any form (human, animal, or environmental), violations of intellectual property rights relating to works contained or distributed, in whole or in part, on the client’s web space.
Rautea Agency disclaims any responsibility in the event of subsequent modifications made by the client to the content of created pages.

If the site structure allows the collection of personal or private data, the client must file a “Data Protection” declaration with the CNIL (French Data Protection Authority), in accordance with Article 34 of the “Informatics and Freedoms” law of January 6, 1978, and provide the number to Rautea Agency, which will insert it into the website.
Rautea Agency may, however, handle this procedure for an additional fee.

Article 9.2: Email Management

The client is fully and solely responsible for the content of emails sent using the services provided by Rautea Agency. The client expressly agrees to verify and comply with the legal terms of use of email services (electronic mail) subscribed in their name by Rautea Agency with providers.

The client is solely responsible for updating and maintaining the content of their website. They are also responsible for any direct or indirect damages, whether material or immaterial, caused by themselves (or their representatives) to Rautea Agency and its providers as a result of the use—legal or otherwise—of the hosting servers.
As such, they agree not to store personal data without authorization from the CNIL (law of January 6, 1978).

The client agrees not to provide hyperlinks pointing to sites or pages that are not compliant with French legislation, such as those mentioned in Article 9. The client agrees to release Rautea Agency from all liability concerning services or information, signs, images, graphics, sounds, or any other multimedia data they make available to users.

In particular, they will be solely responsible for any direct or indirect damages, whether material or bodily, caused by the use of the services. The client will assume responsibility for any disputes that may arise between them and any third party under this agreement.
In the event that Rautea Agency’s liability is nevertheless retained by a judicial authority, the client agrees to indemnify Rautea Agency for any damages resulting from their fault.

Administrator access, updates, and modifications of the site: It is the client’s responsibility to ensure that any modifications or technical developments they wish to make to the website, by means other than Rautea Agency’s services, are feasible and compatible with the characteristics of the services.
Any modification of the website by the client does not entail any transfer of ownership of the computer code or services produced by Rautea Agency.
The access codes and passwords necessary for administrator access, if applicable, will be provided by Rautea Agency to the client at the time of the website’s publication.

Article 10: Responsibility of Rautea Agency

Rautea Agency undertakes to deliver orders within the agreed deadlines (which may vary depending on the nature of the order) and commits to doing everything possible to ensure client satisfaction. However, Rautea Agency declines any responsibility in the event of major technical issues that prevent the execution of the contract (terrorist attacks, wars, natural disasters, any case of force majeure, or prolonged Internet network outages beyond our control).
The publication of the client’s website by Rautea Agency depends in particular on the client providing the necessary information for the completion of the order. Significant modifications, redesigns, delays in decision-making, or late delivery of documents required for creation, when attributable to the client, will accordingly postpone the delivery schedule agreed upon between both parties.

Article 10.1: Documents Provided

Under no circumstances shall Rautea Agency be held responsible for the loss of documents required for the provision of the ordered services. The client is required to only send copies or documents without replacement value.
Rautea Agency reserves the right to refuse any document, text, or image that is contrary to its ethics, public decency, or applicable laws.

The client acknowledges and accepts the characteristics and limitations of the Internet, in particular the following:

A list of persons authorized to use the application will be established by Rautea Agency in collaboration with the client. Outside the scope of this training and authorized list, Rautea Agency shall not be held responsible for operations carried out through the application.

Article 10.2: Hosting

If the client’s website is hosted by Rautea Agency, the client acknowledges having been informed of the following:
The hosting contract subscribed by Rautea Agency to host the client’s website ensures total availability — 24 hours a day, 7 days a week, 52 weeks a year. However, given the random nature of traffic, the client fully understands the characteristics and limitations of the Internet, including possible network saturation at certain times, and accepts the consequences on the services, with the understanding that Rautea Agency’s obligation is one of means only.

The hosting provider may interrupt services to perform repairs, maintenance, or fix software defects. Rautea Agency shall not be held responsible by the client for any service interruptions caused by hosting providers.

If the client voluntarily decides to change hosting providers, the migration of files and data may be carried out by Rautea Agency in exchange for payment.

Article 10.3: Domain Names

The client is the owner of the domain name reserved on their behalf, with Rautea Agency acting solely as a technical intermediary with the domain registration authorities. Therefore, the general terms and conditions of these authorities apply.

Furthermore, Rautea Agency cannot be held responsible for the unavailability of a domain name ordered by the client, as such unavailability does not automatically cancel the other services ordered.

The client acknowledges that they are registering and using the domain name in compliance with applicable legislation and the legal rights of third parties. The client agrees to indemnify, defend, and hold harmless Rautea Agency against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to the registration or use of the client’s domain name.

The technical transfer of the client’s domain name to another registrar and hosting provider will be charged at a flat rate, as specified in the quotation.

Article 11: Warranties

The goods sold are guaranteed against any operational defect resulting from faulty materials, manufacturing, or design. The operational defect must appear within a period of 1 month under our warranty. The warranty is excluded in the event of poor maintenance, abnormal use of the product considering the applicable standards for the relevant technology, or any modification or intervention by third parties. The warranty only applies to the specific product identified in the quotation signed by the client.

Article 12: Termination of Contract

Article 12.1: By Operation of Law

In the event of non-payment by the due date, or if the client fails to comply with any of their obligations, and 8 days after a formal notice has remained without effect, Rautea Agency may, at its discretion, terminate the sales contract. Any deposits already paid shall remain the property of Rautea Agency as liquidated damages, without prejudice to any other compensation.

Article 12.2: Voluntary Termination

In the event of termination of the contract before its term, whether by Rautea Agency or by the client, the client formally undertakes to settle and pay the amounts corresponding to the current schedule, the completed or ongoing tasks, as well as any additional services provided.

All copyrights remain the full and exclusive property of Rautea Agency, with the exception of data supplied by the client. The source files and data created and used by Rautea Agency cannot, therefore, be claimed by the client without financial compensation. Mockups, and more generally all original works, remain the property of Rautea Agency, including rejected projects. These documents must be returned undamaged to Rautea Agency upon request.

Article 13: Offers and Pricing

The client must pay 50% of the total amount of the service upon signing the quotation and 50% upon publication.
In the case of a subscription, the client must pay the entire amount for the current month before the 7th of said month.

Any amount not paid on time, and after two reminders by simple letter or email, as well as any late payment or unpaid amount (including bank returns for non-payment) of a sum owed by the client, will incur late payment penalties equal to one and a half times the legal interest rate, calculated on the total outstanding sums. These penalties will become payable without further notice, in accordance with the law (see Art. L.441-6, para. 2 of the French Commercial Code, as amended by the law of May 15, 2011).

The client may not claim any compensation from Rautea Agency for the suspension of services following a payment incident.

Payment must be made by bank transfer to:
Rautea
RIB: 12149-06733-33003358707-54
IBAN: FR76-1214-9067-3333-0033-5870-754
SWIFT: BPOLPFTP
Bank: Banque de Polynésie

Article 14: Complaints

Any complaint of any kind, to be valid, must be sent to the registered office of Rautea Agency – Lotissement Socredo – 99 avenue Matavai, 98709 Mahina – Tahiti – by registered letter with acknowledgment of receipt within 7 days following the receipt of the invoices. After this period, the work and its terms of execution or payment shall be deemed definitively accepted.

Article 15: Applicable Law and Jurisdiction

This contract is governed by French law. In case of dispute, the courts of Papeete shall have exclusive jurisdiction. For the execution of this contract, the parties elect their respective domiciles as follows: Rautea Agency at Lotissement Socredo – 99 avenue Matavai, 98709 Mahina – Tahiti, and the client at the address provided by them when signing the quotation.