jsemproduction.com

GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES

JSEM Production SLU C/ Callaueta, 8 1e 3a – AD500 Andorra la Vella – Principality of Andorra Registration number: L-719294-M Contact: contact@jsemproduction.com – +33 6 26 14 82 89

Article 1 – Purpose

These General Conditions of Sale and Services (hereinafter “GCS”) govern all contractual relations between JSEM Production SLU (hereinafter “the Provider”) and any professional or private customer (hereinafter “the Customer”) using the services offered on the site jsemproduction.com.

The departments concerned include :

  • Custom website design (showcase, e-commerce, premium, redesign)
  • Natural SEO
  • WordPress and e-commerce website maintenance
  • Website hosting
  • Any other digital service agreed upon by quotation

The signing of a quotation or the payment of a deposit implies full acceptance of these GTS without restriction or reservation.

Article 2 – Obligation of means

The Service Provider undertakes to use all technical, human and strategic resources necessary for the proper performance of the agreed services.

The Service Provider is bound by an obligation of means and not of results concerning :

  • Search engine positioning
  • Traffic generated to the customer’s site
  • Volume of sales or leads generated
  • Overall sales performance

SEO results depend in particular on factors independent of the Service Provider:

  • Competition on targeted keywords
  • Domain name age and history
  • Search engine algorithms and updates
  • Actions by the customer’s competitors
  • The customer’s strategic and commercial decisions

Article 3 – Quotation, order and deposit

3.1 Validity of quotation Any quotation issued by JSEM Production SLU is valid for 30 days from the date of issue. After this period, the Service Provider reserves the right to revise the quotation.

3.2 Acceptance of order The order is deemed accepted on receipt of the quotation signed by the Customer, accompanied by payment of the deposit specified in the quotation.

3.3 Down-payment A down-payment is mandatory to start any service. Its amount is specified in the quotation (generally 30% to 50% of the total amount excluding VAT). This deposit is non-refundable in the event of cancellation by the customer after work has begun.

Article 4 – Ownership & Payment

4.1 Ownership of deliverables The entire website, content, development, optimization and technical elements produced by JSEM Production SLU remain the exclusive property of the Service Provider until full payment of all sums due.

The transfer of ownership occurs only after full payment of the final invoice.

4.2 Terms of payment Invoices are payable on receipt or according to the conditions indicated on the quotation. Any delay in payment shall automatically and without prior notice lead to :

  • Immediate suspension of the site without compensation
  • Hosting deactivation
  • Removal of back-office and FTP access
  • Interruption of all current services
  • Late payment penalties at the legal rate in Andorra

4.3 Non-payment In the event of non-payment :

  • The Service Provider reserves the right to suspend the site without notice or compensation.
  • Disable hosting
  • Remove access
  • Interrupt current services
  • Initiate all necessary collection procedures

Article 5 – License ownership and transfer

Licenses for plugins, themes and tools used in the context of services remain the exclusive property of the Service Provider. They are neither sold nor transferred to the Customer.

In the event of termination of the Monthly Site Plan, transfer to another service provider or intervention by a third party, licenses cannot be transferred. The new service provider must use its own licenses.

The Customer expressly acknowledges that licenses are included only as part of the Monthly Site Package. Their use automatically ceases in the event of termination of the package.

Article 6 – Delivery times

Indicative lead times are specified in the quotation. They may be adjusted in the event of :

  • Delay in transmission of information or content by the Customer
  • Late customer approval of project milestones
  • Additional requests modifying the initial perimeter
  • Force majeure

Meeting deadlines depends on the customer’s responsiveness. Any delay in the supply of content (texts, photos, logos, information) by the Customer releases the Service Provider from its responsibility for delivery deadlines and may result in a postponement of the online date.

Article 7 – Revisions and modifications

7.1 Revisions included Unless otherwise specified in the quotation, 2 round-trip revisions are included per project phase (mock-up, development). Additional revisions are billed at the hourly rate indicated in the quotation.

7.2 Modifications after delivery Any modification of the site by the Customer or a third party not mandated by JSEM Production SLU after delivery :

  • Cancels technical warranty on modified components
  • May impact the site’s natural referencing
  • The Service Provider may not be held liable in any way whatsoever.

Any external intervention not previously authorized in writing by the Service Provider releases JSEM Production SLU from any responsibility for the proper operation of the site.

Article 8 – Technical liability

The Service Provider shall not be held liable:

  • Malfunctions linked to the hosting provider
  • Server failures or network interruptions
  • Cyber attacks, intrusions and external malicious acts
  • Third-party updates (plugins, CMS, APIs, browsers)
  • Unauthorized modifications by a third party

Article 9 – Maintenance & Safety

Despite the security measures implemented as part of maintenance contracts, the Service Provider cannot guarantee absolute protection against :

  • Hacking and malicious code injections
  • zero-day vulnerabilities (vulnerabilities not yet known at the time of intervention)
  • Sophisticated external intrusions
  • DDoS (distributed denial of service) attacks

Cybersecurity is a field subject to permanent and evolving risks that are beyond the control of the Service Provider.

Article 10 – SEO & Backlinks

Applicable only to services including the Monthly SEO Package

Netlinking actions are carried out according to a progressive and qualitative strategy. The Service Provider cannot guarantee :

  • Permanent retention of backlinks
  • Systematic link indexing by Google
  • Stability of search engine positions

Search engine algorithms are independent of the Service Provider and may change at any time.

Article 11 – Commercial disclaimer

The Service Provider may not be held liable under any circumstances:

  • A drop in customer sales
  • A loss of business opportunity
  • A loss of earnings
  • Poor internal customer management
  • Commercial decisions taken by the Customer

Article 12 – Customer’s responsibility for elements supplied

The Customer warrants that it has all necessary rights to the elements supplied or requested, in particular :

  • Trade names and trademarks
  • Logos and graphic charters
  • Text content
  • Photographs and visuals
  • Videos and audiovisual content
  • Names and references

The Service Provider may not be held liable in the event of a summons, notice of default, complaint, legal proceedings or litigation relating to the likeness or use of a name, brand, image or any other content requested by the Customer.

The Customer alone assumes all legal and financial consequences and guarantees the Service Provider against any action or recourse by third parties relating to the elements supplied.

Article 13 – Right of mention and portfolio

Unless otherwise requested in writing by the Customer prior to the start of the project, JSEM Production SLU reserves the right to :

  • Mention the customer in its commercial references
  • Present the completed project in your portfolio (website, social networks, marketing materials)
  • Add the words “Created by JSEM Production” to the footer of the delivered site.

Article 14 – Confidentiality

The Service Provider undertakes to keep strictly confidential all information transmitted by the Customer in the context of the business relationship and not to disclose it to third parties without the Customer’s prior written consent.

Article 15 – Termination

15.1 Monthly services All monthly services (maintenance, hosting, SEO) are non-binding unless otherwise specified in the quotation. Cancellation may be made with 30 days’ notice by e-mail to contact@jsemproduction.com. Any period commenced remains payable in full.

15.2 Projects in progress In the event of termination of a website creation project in progress by the Customer, work already completed will be invoiced pro rata to the progress of the project. The deposit remains the property of the Service Provider.

15.3 Return In the event of termination of the contract, the Service Provider shall return to the Customer the elements belonging to it (content, photos, texts) within 15 days, subject to full payment of the sums due.

Article 16 – Acceptance of the GCS

Signing a quotation or paying a deposit implies full and unreserved acceptance of these General Terms and Conditions of Sale and Services.

The customer acknowledges having read and understood these terms and conditions prior to any commitment.

Article 18 – Non-responsibility for Customer content and activity

JSEM Production SLU acts exclusively as a technical service provider for the creation, development and online launch of websites.

The Service Provider is in no way responsible for:

  • Content published on the customer’s site (texts, images, videos, commercial offers, prices displayed, promotions, product or service descriptions)
  • the legality of the products, services, activities or offers proposed by the Customer on its site
  • Any infringement of regulations applicable to the Customer’s activity (sports, health, commercial, tax, customs or any other sector-specific regulations).
  • Disputes between the Customer and its own customers, partners, suppliers or third parties
  • Financial, legal or reputational consequences related to the activity carried out by the Customer via its website.
  • Content generated by users of the Customer’s site (comments, opinions, forms, registrations)
  • Sales, offers, subscriptions or transactions carried out via the Customer’s site
  • Events, competitions, gatherings or activities organized and promoted via the Customer’s site

The Customer is solely responsible for the compliance of its activity, offers and content with the laws and regulations in force in its country of operation and in the countries where its services are accessible online.

The Customer undertakes to guarantee and indemnify JSEM Production SLU against any claim, complaint, legal proceedings, fine, conviction or costs that may result directly or indirectly from the content published on its site or from the activity it carries out there.

This clause applies in particular – without this list being limitative – to the sites of :

  • Sale of regulated or authorized products
  • Organization of sporting events, fights and public gatherings
  • Activities subject to license, approval or administrative authorization
  • Financial, investment or advisory services
  • Activities subject to geographical or customs restrictions
  • Promotion of competitions, tournaments or private events
  • Any other sector subject to specific regulations

Article 19 – Banking and financial data

In the event of an explicit request from the Customer to include a field for the collection of banking data (IBAN, RIB, payment details, financial information) in a web form, the following conditions shall apply.

19.1 – Role of the Service Provider JSEM Production SLU acts solely as a technical service provider executing an explicit, written instruction from the Customer. The Service Provider does not itself collect, store or use the banking data of end-users of the Customer’s site.

19.2 – Exclusive responsibility of the Customer The Customer assumes full and exclusive responsibility :

  • The legality of collecting banking data via its website
  • The compliance of this collection with the General Data Protection Regulation (GDPR – EU 2016/679).
  • Compliance with the Llei qualificada de protecció de dades (LQPD) – Andorran personal data protection law
  • Compliance with all applicable banking, financial and industry regulations
  • Secure storage of collected banking data (Google Sheets, database, any third-party medium)
  • Consequences in the event of leakage, hacking, unauthorized access or fraudulent use of this data

19.3 – Mandatory prior disclaimer Before any integration of a bank data collection field, JSEM Production SLU systematically sends the Customer written information detailing the legal and technical risks associated with this functionality.

The Customer’s written confirmation (by email or any other traceable medium) constitutes a formal release of liability for the benefit of JSEM Production SLU. No integration will be carried out without this prior confirmation.

19.4 – Absence of banking certification The Customer expressly acknowledges that the web forms and third-party tools (Google Sheets, CRM, spreadsheets) used to collect or store banking data do not benefit from any PCI-DSS (Payment Card Industry Data Security Standard) certification, which is mandatory for any secure processing of payment data in Europe.

19.5 – Total exemption from liability JSEM Production SLU declines all liability in the event of :

  • Leakage or theft of banking data collected via the customer’s site
  • Complaints from end-users or control authorities
  • Administrative penalty or fine related to bank data processing
  • Financial or banking disputes involving collected data
  • Third-party claims related to this functionality

The Customer undertakes to guarantee and indemnify JSEM Production SLU against any proceedings, condemnation or costs resulting directly or indirectly from the collection of banking data carried out via the website created by the Service Provider.

Article 17 – Applicable law and jurisdiction

These GTC are governed by the laws of the Principality of Andorra.

Any dispute relating to their interpretation or execution shall fall within the exclusive jurisdiction of the courts of the Provider’s head office (Andorra la Vella, Principality of Andorra).

In the event of a dispute, the parties agree to seek an amicable solution before any legal proceedings.

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