This site, accessible at the URL www.baotiful.art (the « Site »), is published by:

• AUTO-ENTREPRISE BAOTIFUL
• SIRET : 803 559 996 00027 – NAF : 7410Z – Immatriculation le 29/09/2021
• Legal and editorial manager:
• Location: 1 Allée des Jardins d’Arcadie 64200 Biarritz, France
• E-mail : spam@baotiful.art
• Phone: +33 7 60 79 19 44 (via WhatsApp)
• Opening hours: Monday to Friday from 9am to 5pm

The purpose of these general conditions of service (the « General Conditions ») is to define and govern the contractual relationship between the Service Provider and any professional (a « Client ») who has subscribed to the services offered on the Site.

The provision of services offered to Customers on the Site is subject to the prior acceptance without restriction or reservation of these General Conditions.

The General Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in all documents issued by the Customer, and in particular in its general conditions of purchase.

The General Conditions are applicable subject to any stipulation to the contrary appearing in the order form or in the special conditions, if any, concluded between the Company and the Customer concerned.

The purpose of the Site is to present the services of the Provider:

• Building a website model (webdesign)
• Integration of model under CMS PHP/MySQL
• Programming web pages in HTML5, CSS3 & jQuery
• Programming an online payment system
• Ad campaign management in Google and social networks
• Photo shooting & video clips
• Creation of visual identity & paper printing

The Services presented on the Site are each the subject of a description mentioning their essential characteristics. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site.

Any Customer wishing to benefit from the Services presented on the Site must:

• contact the Service Provider by telephone, via the contact form, social networks or Messenger
• present their digital communication project and select the Services they wish to subscribe to
• fill in the information about your company (surname, first name, postal address, e-mail address, SIRET number, etc.) to receive a cost estimate for the service
• sign the service contract which will include the cost estimate and will recall the general conditions of the services and will define the terms of performance of the service
• pay a 50% deposit by bank transfer to confirm the order

Except as expressly provided on the Site, the Customer may not not modify his order after having validated it, which will be firm and final.

Upon receipt of payment for the Services included in the order, the Service Provider will send the Customer an email confirming their order to the email address provided by the latter.

The order confirmation e-mail summarizes the essential characteristics of the Service(s) ordered, the total price, and any other relevant element and will be attached to an deposit invoice.

To fight against fraud, the Service Provider or its payment or delivery service providers may request additional supporting documents from the Customer or contact the Customer at the time of acceptance and/or of the delivery of the order. In the event of the Customer’s unjustified refusal to provide the information and/or supporting documents requested, the Service Provider reserves the right not to accept or to cancel the order without this being the subject of any dispute.

The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Services, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high level of order.

The signing of the service contract by both parties will be carried out via the I Love PDF online service which guarantees the authenticity of the document and the signatories:

• Identification of parties by email address and name,
• Signature and electronic initials,
• Archiving connection information (IP address).

After signing the contract, each party receives the signed document accompanied by the signature audit.

The service provider is responsible for the proper performance of the services entrusted to it. As such, he undertakes to carry out the services in accordance with the rules of the art, in the best possible way and he ensures the control and the follow-up.

The service provider and the client meet periodically in the context of telephone (Skype or Messenger) or physical meetings to monitor the progress of the services, so that each of the parties is informed of the progress services in relation to the schedule, as well as any problems encountered.

The service provider undertakes to communicate on the progress of the work entrusted to it and to be informed of future work by the following means:

• Daily entry on the project monitoring tool (Trello),
• Daily consultation and response to customer email inquiries,
• Daily consultation of possible incidents and provision of a resolution period,
• Delivery of digital documents by the Smash or WeTransfer service.

The service provider undertakes to inform and advise the client, both before and during the execution of this agreement, of any element likely to improve the execution of the service or to reduce the cost.

The service provider will provide the client with all elements and methods, and in general, all data, allowing the client to decide on the options to operate.

The service provider will optimize natural referencing as best as possible but does not commit itself in terms of positioning and results. No guarantee of positioning the site on the first page of search engines. Competitors are already present there and they favor sites with seniority and popularity. However, every effort will be made to ensure that the content of the website is read and indexed by search engine crawlers. The service provider will train the client on optimization techniques (SEO) and advise him on the tools to use to analyze the traffic of his website.

The service provider is not responsible for the results in terms of conversions on the client’s site. The results will depend on the quality of the content, the services and/or products offered, the prices applied and the the customer’s reputation. The service provider will however contribute to a good presentation of the content, services and/or products on the website in order to promote conversions. He will also advise the client on the strategies to be implemented to improve the reputation of the website (customer reviews).

If the service provider hosts the client’s website on its servers, the latter will make every effort to make the site available at all times and will perform the automatic backups necessary to guarantee the preservation of the client’s data. . The service provider does not guarantee 100% availability of the accommodation. In the event of a server failure or server maintenance related to the actions of the service provider’s supplier (data center), the customer will be notified by e-mail or text message of the unavailability of his website and the service provider will ask his supplier , the fastest restoration of services.

The Service Provider publishes the services available on the site and hosts the content of the site put online by the client or its users. The Service Provider acts as a technical service provider and does not carry out any checks on the legality, accuracy, quality or sincerity of this content under the responsibility of the client.

Consequently, the customer recognizes the service provider as the site host within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.

However, the service provider undertakes to promptly remove any manifestly illegal content that is brought to its attention, in particular when the existence of such content has been notified to it by the customer under the conditions provided. by applicable regulations. This type of request will be billed by the hour.

The Client undertakes to provide the service provider with the information, documents and access necessary for the performance of its services.

The domain name will be registered with a registrar (registrar) of their choice. The service provider must have access to the client’s space to manage the DNS and point the site to the service provider’s server (if applicable).

The customer who owns it, will have to take the renewal steps himself with his registrar and is responsible in the event of the unavailability of his website due to a breach of his procedures. It is strongly recommended that he activate an automatic renewal of the domain name.

The customer must subscribe to hosting for his website. He can take a host of his choice or the one offered by the service provider. Regardless of the host chosen, the service provider must have access to the site’s administration panel to manage FTP access, MySQL databases, email addresses and SSL certificates.

If the customer chooses another hosting than that of the service provider, the latter must take the renewal and backup procedures themselves. In the event of a breakdown or unavailability of the server, the customer must himself contact his host and request maintenance and the service provider cannot be held responsible in the event of failure or loss of data.

Pre-existing elements: the customer must provide the photos, the texts of the site, the videos, the music as well as the legal information and the descriptions of the services of the company which will be formatted by the provider.

The client is responsible for obtaining all authorizations for the use and/or distribution, worldwide, of the pre-existing elements that he provides to the service provider.

The client will follow the development of his site live via the temporary URL provided and undertakes to validate within a reasonable time the various models and functionalities which will be submitted to him by the service provider at each stage of the project.

The customer agrees not to disseminate illegal content or content that has the effect of diminishing, to disrupt, slow down or interrupt the normal flow of data on the site and immediately report to the service provider any difficulty, reservation or dispute arising during the performance of the services or any abnormal, abusive or fraudulent use of the site of which it would know.

In the event that a Customer is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), all information allowing or facilitating the identification of the offending Client.

In the event of non-performance or defective performance of the services, the customer must notify the service provider and formulate his grievances and reservations within thirty calendar days of the date on which he becomes aware of them, in order to to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty calendar days of the client’s initial notification.

In the absence of an amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the service provider, the customer may terminate the General Conditions under the conditions provided for in Article 17 and obtain, where applicable, damages of the service provider for the purpose of repairing the damage suffered, the customer renouncing in advance to request a forced performance in kind of the services by the service provider or a third party or a proportional reduction of the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.

The service provider is bound by an obligation of means in respect of the provision of services.

The customer declares to be informed of the constraints and limits of Internet networks and may in no case hold the Service Provider liable for malfunctions in access to services, opening speeds and consultation of the pages of the services, the temporary or permanent inaccessibility of the services or the fraudulent use by customers or third parties of the site.

The service provider cannot be held liable either:

• In the event of breach of any obligation resulting from a fortuitous event or an event of force majeure within the meaning of article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failure not due to his personal fault, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Company from properly performing its obligations;
• In the event that the information, data, instructions, directives, materials or media communicated by the customer are incorrect or incomplete, and more generally in the event that the non-performance or defective performance of the services results in whole or in part from the behavior, breach or deficiency of the client;
• In the event that certain services or functionalities are not accessible on the site due to a customer’s deactivation of cookies via the browser software interface;
• In the event that the functionalities of the site prove to be incompatible with certain equipment and/or functionalities of the user’s computer equipment. The customer is also responsible for the content and information imported, stored and/or published on the site and undertakes not to use any technical measure likely to allow the circumvention of the technical protection measures put in place by the service provider with a view to to avoid any fraudulent use of the site and services.

The customer also takes under his sole responsibility all the measures likely to ensure the integrity and the safeguard of all his data, files and documents and renounces to seek the responsibility of the service provider. in the event of damage to data, files or any other document that he may have entrusted to the service provider in the context of the use of the site and/or services.

More generally, the customer undertakes ge also to guarantee the service provider against any complaint, claim, or opposition and more generally against any proceedings that may be brought against it as a result of the use that the customer may have made of the site or services.

In any event, the service provider incurs no liability for any indirect or immaterial damage or prejudice such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, damage or commercial disturbance or damage to image, which could result from the defective provision or the absence of provision of the services, from an evolution of the algorithm or regulations of Google and other search engines resulting in a loss of ranking and/or visibility, any evolution of web browsers which would cause a bug on the website or any hacking or denial of service attack which would damage or disrupt the services of the client’s website.

The service provider’s liability may not exceed an amount equal to the price excluding tax collected from the customer for the provision of services during the last twelve months.

In accordance with the provisions of article 2254 of the Civil Code, any legal action by the customer against the service provider is subject to prescription upon the expiry of a period of one year following the date on which the customer concerned became aware or is presumed to have become aware of the harmful event.

The computerized registers, kept in the IT systems of the service provider and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the customers and the service provider. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

The customer recognizes the value of proof of the site’s automated recording systems and declares that he waives the right to contest them in the event of a dispute.

The service provider undertakes, both in his own name and in the name of his collaborators, to keep secret the information which will be disclosed to him by the client for the purposes of the execution of these presents, and this both during the term of this contract and after its termination.

As ​​such, it undertakes to:

• Not to use them for purposes other than those of the execution of the present,
• Limit the disclosure of information to those responsible for the performance of the services,
• Collect from them their commitment of secrecy,
• Do not communicate with the client’s competitors.

For more information concerning the use of personal data by the service provider, please carefully read the privacy policy (Personal data policy). You can consult this charter at any time by following this link: www.baotiful.art/en/privacy/.

The hypertext links available on the site may refer to third party or partner sites. They are provided solely for the convenience of the customer, in order to facilitate the use of the resources available on the Internet. If the customer uses these links, he will leave the site and will then agree to use the third-party sites at his own risk and peril or, where applicable, in accordance with the conditions which govern them.

In any event, the existence of a hypertext link to the site from a third-party site or on the site to a third-party or partner site cannot engage the liability of the service provider. for any reason whatsoever and in particular as regards the availability, content and products and/or services available on or from this third-party or partner site.

The client is not authorized to create on a site e third party one or more hypertext links linking to the home page of the site or other internal page, except with the prior written authorization of the service provider.

The service provider is the sole owner of all the content present on its website, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the content of the site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used , rented or exploited in any other way, free of charge or against payment, by a Customer or by a third party, whatever the means and/or the supports used, whether known or unknown to date, without the authorization provider, and the customer is solely responsible for any unauthorized use and/or exploitation.

In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, Data mining and other data collection tools is strictly prohibited for customers.

The service provider grants the customer, however, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the site of which it holds full ownership, to download and print them for personal, non-commercial use.

Reciprocally, each client expressly authorizes the service provider to reproduce, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the site, by any means or process, for the purposes of operation, improvement, verification, promotion, marketing, advertising of the site or as part of the establishment of partnerships. This non-exclusive, transferable and sublicensable license is valid worldwide, royalty-free, for an indefinite period or until the end of the said partnership.

As ​​part of a service, all paper, graphic, digital and deliverable documents from the service provider will be the property of the client. All rights to the service provider’s creations will be transferred without time and geographic limit and for types of use after payment of the end-of-project invoice. The service provider undertakes never to use these documents and/or unique creations in the context of other projects, which remain the exclusive property of the client.

However, certain graphic elements to illustrate the customer’s website can be purchased from royalty-free digital resource banks such as photos, videos, pictograms, vectors (eg: Adobe Stock, Icon Finder, Freepik) and can be used on the site of other customers. The service provider will pay the client for a license to use the resources commercially. However, the license does not allow exclusive use of the resources. In other words, these resources are sold to other customers and the purchased content may also end up on the site of the customer’s competitors. The customer can in no way turn against the service provider if a competing site uses these same resources.

Any notification or written summons required or permitted under the stipulations hereof will be validly made if it is sent by e-mail addressed to the contact details of the party concerned, each party electing domicile at its registered office.

Any change of contact details of a party for the purposes hereof must be notified to the other party according to the procedures provided above.

Notices made by email will be deemed to have been made on the date the email is sent.

– Start of work: after signature of the contract by both parties and set on the date of receipt by the provider of the deposit.

– Date of delivery of the service to the customer: 60 calendar days following the start date of the work.

The delivery date may be postponed by the service provider if the customer does not provide the necessary elements defined in article 7 in time. Obviously, this date would not be respected in the event of force major that would occur after the signing of the contract.

The service provider will provide the client with the following:

– At the start of the work: the temporary internet address (provisional URL) where the client can follow the progress of the project. This address will serve as a reference throughout the project for the successive validations of the models as well as for the final recipe.

– After the final receipt formalized in writing by the customer (electronic signature) and payment of the balance of the invoice by the customer, the service provider will provide the customer with:

• The definitive summary sheet of the various codes, passwords and identifiers necessary for access to the site by the customer.
• All the elements necessary for the use of the Backoffice allowing the customer to manage his website himself (paid subscription).
• The definitive internet address (public URL) which will replace the provisional address and thus make the site publicly visible on the internet.

In the event of a sale with successive execution (subscription to web hosting and/or domain name and/or referencing service), these General Conditions are concluded for an initial period of one year. In the absence of denunciation of these General Conditions within 15 days preceding the end of this initial duration, the provision of services and the General Conditions are tacitly renewed for a new period of duration equivalent to the initial duration, at the tariff conditions in force on the date of renewal.

The Service Provider reserves the right to suspend a client’s access to its site and services permanently or temporarily, in the event of a breach by the said client of its obligations under these terms. General Conditions.

Furthermore, the service provider or the client may terminate the General Conditions as of right in advance by sending a written notification:

• In the event of the occurrence of a case of force majeure as referred to in Article 9 above;
• After notifying the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within a period of fifteen days (where such breach can be remedied) upon written notice indicating the nature of the breach and the need to remedy it.

In return for the service defined in article 3 and in the order form, the Customer undertakes to pay the service provider the invoice corresponding to all the services delivered.

• 50% of the sum upon signing the service contract;
• 50% of the sum at the end of the project before delivery of the services;
• 100% of the order amount for web hosting;
• 100% of the monthly payment at the beginning of the month as part of a subscription to a service.

The Customer in the euro zone will have to pay his invoices by bank transfer (SEPA). The service provider’s bank details are available on the invoices.

For any customer outside the euro zone, payment of invoices can be made by international bank transfer, via the Wise service.

The price is firm and cannot be revised during the period of performance of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.

The service provider nevertheless reserves the right to modify its prices at any time for any services that may be subscribed to after this modification.

Any price reductions, rebates and discounts may apply to the services under the conditions provided on the site or in any other document communicated to the customer.  In the event of a promotional price, the service provider undertakes to apply this price to any order placed during the promotion period.

In the event of early payment by the customer, no discount will be applied. Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without prior written agreement between the service provider and the Client. Any suspension, deduction or compensation made unilaterally by the customer will be treated as a default of payment and will entail all the consequences of late payment.

Furthermore, it is expressly agreed that the customer is validly put in default to pay by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the service provider reserves the right in particular, without any compensation being due to the customer, to:

• demand immediate payment of all sums due for the services, these becoming immediately payable regardless of their originally scheduled due date;
• refuse any new order or require for any new order cash payment or a guarantee for the proper performance of commitments;
• impute any partial payment first on the non-privileged part of the debt then on the sums for which the payment is the oldest;
• reduce, suspend or cancel access to the services, 7 days after formal notice which has had no effect, issued by the service provider to the customer;
• apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441 -6 of the Commercial Code;
• and/or demand the payment of a fixed indemnity of €40 for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums still due to him , without prejudice to compensation for any damage actually suffered.

Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.

If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever pursuant to a law, a regulation or following a decision of justice having become final, it would be deemed unwritten and the other stipulations would remain in force.

The fact that the service provider does not take advantage, temporarily or permanently, of one or more stipulations of the General Conditions will in no way entail a waiver.

The service provider reserves the right to modify at any time and without notice the content or the URL of the site, the services and these General Conditions.

Any use of the site or services following a modification made to the General Conditions will imply acceptance by each client of the said modifications. The most recent and current version of the General Conditions will always be available at the following address: www.baotiful.art/en/sale-terms/.

When the modifications made to the General Conditions are considered substantial, these will be brought to the attention of the customer by e-mail and must be accepted by the latter at their next service order.

Any dispute between the parties relating to the existence, validity, interpretation, execution and termination of this contract (or any of its clauses), that the parties could not resolve between them amicably, will be subject to the jurisdiction of the Commercial Court of Bayonne, France subject to French law.

For an amicable resolution of any dispute, the Customer may consult the Bayonne Mediation Association free of charge by telephone on +33 6 79 59 83 38 or by making a physical appointment with a mediator at 32 rue du Hameau 64200 Biarritz, France, more information from this URL: https://www .bayonne-mediation.com/contact.

The Client can also appeal to the Business Mediator free of charge, more information from this URL: https://www.economie.gouv.fr/mediateur-des-entreprises/la-mediation.

These General Conditions and the resulting operations are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Any service contract is valid for 30 days. If the contract is not signed within this period, it must be reissued to be valid. The service provider is free to modify the prices and conditions of this offer within the framework of a new contract.