Services
BETWEEN THE UNDERSIGNED :
1. WebJetClouds, SASU, whose registered office is located at 6 Rue d’Armaillé, registered with the
commerce et des sociétés sous le numéro d’identification 952460152 RCS Paris, represented by Alexon
Balangue in his capacity as Chairman, duly authorized ;
Hereinafter referred to as the “Service Provider”;
AND
2. …………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Hereinafter referred to as the “Customer”;
The Service Provider and the Customer are hereinafter jointly referred to as the “Parties”, or one of them.
indifferently, a “Party”.
THE FOLLOWING IS A REMINDER:
The Service Provider works as a consultant, webmaster and developer. The Customer wishes to use
services. For this purpose, the Service Provider has sent a quotation to the Customer (shown in the Appendix to this document).
contract), who accepted it. To this end, the Customer has signed an order form (appended hereto).
contract). Under these circumstances, the Service Provider and the Customer have come together to conclude the
this contract for the provision of services (the “Contract”) in order to define and agree on the terms and conditions of the services.
of the Service Provider for the benefit of the Customer.
IT HAS BEEN AGREED AS FOLLOWS:
Article 1 – Purpose of the contract and tasks of the service provider
The purpose of this Contract is to provide consulting services as defined below.
below:
– Consultant
– Webmaster under WordPress and Joomla set up Website showcase, resume and professional possibility of
build an E-Commerce, LMS, Social Networking, Freelancer, Blog and artist, musician or DJ website
– Developer for a Webjetclouds project to build a showcase site for individuals or businesses.
professional and association
– Search Engine Optimization (SEO) for audit or scan crawl
– Private or dedicated server outsourcing
(hereinafter the “Mission”)
Article 2 – Terms and conditions of the Mission
2.1. The Service Provider undertakes to the Customer to carry out the Mission as defined in Article 1 hereof.
Contract, with the utmost professionalism, to comply with legal and regulatory disposi9ons
standards and procedures. The Service Provider undertakes to mobilize
the technical resources required to carry out the Mission, which it thus undertakes to provide, being
agreed, insofar as is necessary, that the Service Provider will be solely in charge of the defini9on of the means allocated to
the performance of the Mission without the Customer being able to interfere in any way whatsoever in this
choice.
2.2. The Customer undertakes to cooperate fully with the Service Provider in order to facilitate as far as possible the conditions
of the Service Provider’s intervention and the proper performance hereof and, to this end, in particular :
– Not to do anything or allow anything to be done that might prevent the Service Provider from carrying out the contract.
Mission or to make it more difficult or onerous, subject to the Customer’s legal protection of
its interests ;
– Transmit to the Service Provider, in good time, all the information required for the Service Provider’s
of its Mission in the best possible conditions;
– Inform the Service Provider in good time of any decision, element or clarification likely to have a significant impact on its business.
impact on the Mission.
Article 3 – Reporting
The Service Provider undertakes to inform the Customer of the progress of the Assignment by means of a report drawn up in accordance with the following procedures
following procedures: If a problem is encountered, we will make a note of it.
Article 4 – Use of results
The results of the Mission will be under the full control of the Customer, from the date of full payment of the price.
and the Customer may dispose of it as he sees fit. The Service Provider undertakes not to
to report on the results in question and to use them in any way whatsoever, without first obtaining
the written authorization of the Customer (it being specified as necessary that this stipulation does not prevent the
provider to freely use its own know-how).
Article 5 – Pre-contractual information
The Service Provider has ascertained the Customer’s requirements and, prior to entering into the Contract, has put the Customer in a position to
to know the essential characteristics of the service under the Mission, which the Customer acknowledges.
He also provided the necessary advice to the Customer in assessing the usefulness of the service in terms of the
Mission.
Article 6 – Contract duration
The Contract takes effect on ……./………./………. It is concluded for a period of 3 months from the date of commencement.
effect.
It will be renewed by tacit agreement for the same term, unless one of the parties gives notice of termination to the other by
no later than 1 month before its expiry date.
Without prejudice to the liability of either Party in the event of defective performance of the Contract, it is
expressly agreed that no indemnity on either side shall be due solely as a result of the termination of the Contract.
The Service Provider undertakes to provide services under the Mission in accordance with the following schedule
next :
– Fees supported by Clokify final software.
Article 7 – Early termination of the Contract
In the event of a breach by one of the Parties of one of its essential obligations expressly provided for in the Contract,
the other Party may notify the other Party of the breach and of its intention to terminate the Contract early.
Such notification, which shall constitute formal notice, shall refer to this clause and specify the breach in question
and must be sent by registered letter with acknowledgement of receipt. Such notification will be irrefragably
presumed to have been received on the day of the first presentation of the aforementioned registered letter at the domicile or registered office of the beneficiary.
of the Party concerned as indicated herein.
Unless the breach is remedied or the Parties come to an agreement, termination of the Contract will take effect as follows
after expiry of a notice period of 15 days from receipt of the aforementioned notification.
Article 8 – Remuneration of the Service Provider and payment of remuneration
In consideration for the performance of services under the Mission, the Service Provider shall be entitled to remuneration at the rate of
time spent on services calculated on the basis of a rate of €20 excluding tax per hour.
All payments will give rise to a headed invoice drawn up by the Service Provider containing all the following information
legal requirements.
Payment will be made according to the following schedule:
As soon as the mission has been successfully completed.
Payment by the Customer for services under the Mission shall be made by the following means(s) of payment
:
Credit card, bank transfer, cheque.
In addition, the Service Provider shall be entitled, at the same time as its remuneration, to the reimbursement of expenses incurred
as part of the performance of the Mission, validated in advance by the Customer and on production of supporting documents
correspondents.
Article 9 – Intuitu Personae – Subcontracting
The Contract may not be transferred in whole or in part by a Party (including in the event of a merger or amalgamation).
similar operation), whether in return for payment or free of charge, without the prior written agreement of the other Party.
The Service Provider shall not be entitled to subcontract all or part of its Mission without the prior written consent of the
Customer. Unless expressly agreed otherwise by the Customer, no subcontracting of all or part of the Mission authorized by the
Customer shall not have the effect of releasing the Service Provider from its obligations and/or liability under this Agreement.
Contract.
Article 10 – Declaration of mutual independence
The relationship established between the Customer and the Service Provider is that of independent and autonomous companies. No clause
of the Contract shall not be construed as giving either Party the power to direct the activities of the other Party.
Party nor to control the other in any way. The Contract is exclusively for the purpose defined in Article 1.
and does not contain any form or intention of constituting a de jure or de facto partnership, the Parties not being parties to the agreement.
affectio societatis. The Service Provider may freely organize its performance of the Contract, provided that it
There is no subordinate relationship between the parties, only a contractual relationship of a commercial nature.
In addition, neither Party may, without a specific, express, prior, written mandate from the other Party, be a party to the contract.
considered as the representative of the other Party, in any capacity whatsoever and in any manner whatsoever.
It is expressly agreed that the Contract is specific and that none of its stipulations can lead to
claims other than those arising from obligations expressly provided for in the Contract.
This Agreement does not entitle the Service Provider to bind the Customer to any person insofar as
it does not include any mandate.
Finally, it is specified, as necessary, that the Customer is free to follow or not any recommendations made by the
Service provider.
Article 11 – Declarations by the Parties
Each of the Parties declares :
– Full legal capacity,
– That there are no obstacles to the conclusion of the Contract.
– Exist validly and regularly under the law to which it is subject,
– Carry out its activities in compliance with applicable regulations,
– That the conclusion of the Contract does not contravene any legal, regulatory, professional or other obligation.
binding contract,
– That the person signing the Contract on his behalf has full authority to do so and that this Contract is binding upon him.
validly and regularly enforceable.
Article 12 – Undeclared work
12.1. In application of the law on illegal employment and its implementing decrees, the Service Provider certifies that in
in the event that it uses one or more employees or service providers to carry out the present contract,
the services covered by the Contract will be carried out by regular employees or contractors
and regular basis.
12.2. In addition, if the Service Provider uses employees to perform the Contract, the Service Provider shall
undertakes, from the date of their hiring and every six (6) months thereafter until the end of the performance of the Contract, to provide the following information
to the customer all the documents required under article D. 8222-5 of the French Labour Code, in particular :
– A certificate from the social security organization in charge of the employee’s social security contributions.
collection of contributions due and dating back less than six (6) months;
– A sworn statement that, on the date of certification, the following documents have been filed with the tax authorities
all mandatory tax returns;
– An extract from the Service Provider’s entry in the Trade and Companies Register;
– A sworn statement that the work will be carried out by employees legally employed under the following conditions
Articles L.1221-10 et seq., L.3243-1 et seq. and R.3243-3 et seq. of the French Labor Code.
Article 13 – Liability – Insurance
Each of the Parties shall be responsible for the proper performance of its obligations under the
present. The Service Provider shall remain solely liable for the acts of its employees, if any.
The Service Provider shall only be liable for direct damage caused to the customer as a result of the Service Provider’s fault or negligence.
negligence (to the exclusion of any case of force majeure or use of the service by the Customer that does not comply with the terms of the contract).
recommendations).
Accordingly, each of the Parties undertakes to notify the other without delay of any delay or failure to comply.
in the performance of the Contract or of the tasks provided for in the Contract that it identifies, so as to avoid the occurrence
harm to anyone.
The Service Provider declares that it has taken out professional civil liability insurance covering it in the context of
its activities, in particular the Mission.
Article 14 – Exclusion of warranty
The Service Provider excludes all warranties other than the legal warranties provided for by the applicable law in force at the time.
provision of services under the Contract.
The applicable legal warranty shall not apply in the event of non-payment by the Customer of services under the
Contract.
Article 15 – Obligation of confidentiality
The Service Provider undertakes to treat as confidential and not to use or communicate, except for the purposes of
the performance of the Contract, any information of a commercial, strategic, operational or financial nature,
legal, organizational, accounting, fiscal, administrative or other, relating to the customer, the customer’s business
and projects, and to the operations and projects covered by the Mission, whether orally or in writing.
or in electronic form by the Customer or to which the Service Provider has had access in the course of or in connection with the Service.
Contract.
The obligations referred to in this article shall be valid for the duration of the Contract and shall continue even after the expiry of the Contract.
the termination of the Contract, whatever the cause, for a period of 5 years from the termination of the Contract.
At the end of the Contract, the Service Provider will hand over to the Customer all data, information, databases, whatever they may contain.
whatever the medium, relating to the Mission, entrusted by the Customer.
Article 16 – General provisions
16.1. Good faith and cooperation
The Parties undertake to behave towards each other at all times as loyal partners acting in good faith.
to inform each other of any difficulties they may encounter in the performance of the contract.
Contract and to cooperate in the proper performance of the Contract.
16.2. Contract amendment
No subsequent document, no modification of the Contract in any form whatsoever shall have any effect between the
Parties without taking the form of an amendment duly dated and signed by them.
16.3. Nullity
If any of the provisions of the Contract should be found to be invalid under any applicable rule of law or under any other applicable provision of the law, the Contract shall be null and void.
decision, it would then be deemed unwritten, but this would not invalidate the contract.
Contract nor alter the validity of its other stipulations.
16.4. Waiver
Any waiver, for any length of time whatsoever, of the right to invoke the existence or total or partial infringement of an
any of the clauses of the Contract shall not constitute a modification, a deletion of the said clause or an amendment of the said clause.
waiver of the right to invoke prior, concomitant or subsequent validations of the same or other clauses.
clauses. Such a waiver will only be effective if it is expressed in writing and signed by the person duly entitled to it.
authorized for this purpose.
16.5. Direct debit
For the performance of the entire Contract and its consequences, the Beneficiary and the Provider elect domicile in
their addresses as mentioned in their appearances above.
Any change of domicile and any notification under the Contract by one of the Parties shall not be enforceable against the other Party.
if it is made (i) by registered letter with acknowledgement of receipt, or (ii) by hand-delivered letter
against receipt, it being specified that any notification will be presumed to have been received in the first case on the date of receipt.
first presentation of the said letter at the address of the Party concerned, and in the second case on the date of delivery of the said letter.
clean hand.
16.6. Applicable law – Settlement of disputes
The Contract is governed by French law.
Disputes arising between the Parties in connection with the conclusion, performance or interpretation of the Contract.
will be submitted to the competent courts.
Signed at …………………… in three original copies,
Le …………./…………./…………….
______________________
Name and signature (Customer)
______________________
Name and signature (Seller)
______________________
Name and signature (Provider)
Appendices
– Copy of the Service Provider’s quotation accepted by the Customer
– Copy of customer purchase order
– Copy of the Information to be filled in to adapt a quotation request
– Once completed, please send us by post or e-mail
– In the personal services sector, a contract is not necessary.
– If it is not sold by a salesman or saleswoman only two originals are needed
– As soon as the contract is validated and the project finalized by the WebJetClouds president, it is sold by a vendor.
or a third-party sales representative receive 30% of the customer’s project commission
