General terms of sale

This English version is provided for convenience. In the event of any discrepancy, the French version (Conditions générales de vente) prevails.

Article 1 – Provider and scope

These general terms of sale (the “T&Cs”) apply to all services provided by MAGEWIZE, a Simplified joint-stock company with a sole shareholder (SASU), with a share capital of €1,000, Créteil Trade and Companies Register (RCS) no. 948 593 801, intra-community VAT number FR71948593801, whose registered office is at 9 Allée Jacques Laloë, 94200 Ivry-sur-Seine (the “Provider”). Contact: contact@magewize.fr, +33 7 50 42 72 05.

They are intended exclusively for business customers acting for purposes within the scope of their activity (the “Customer”). They do not apply to consumers. Any order implies unreserved acceptance of the T&Cs, which prevail over the Customer's purchasing conditions unless the Provider agrees otherwise in writing. Special conditions set out in a quote accepted by both parties prevail over the T&Cs for the service concerned.

Article 2 – Services

The Provider offers digital consulting and engineering services: expertise and development on Magento 2 and Adobe Commerce, web performance audits and optimisation, technical SEO audits, security audits and hardening with Cloudflare, automation and solutions based on artificial intelligence, and web and mobile application development. The scope, deliverables, schedule, method of delivery (fixed price or time spent) and price of each service are set out in a quote.

The free diagnostic is a preliminary analysis, limited to measurable findings that are publicly accessible. It is offered without obligation, is not an audit and creates no obligation to order. The lead times announced on the site for the diagnostic and for replies are targets, not guarantees.

Article 3 – Quote and order

The quote is valid for thirty days from the date of issue, unless otherwise stated. The order is formed when the Customer returns the signed quote or confirms acceptance in writing (including by email), together with, where applicable, payment of the deposit provided for. Any request to change or add to the scope is the subject of an additional quote or an amendment; it may change the price and the schedule.

Article 4 – Prices

Prices are expressed in euros, excluding tax. Applicable VAT is added at the rate in force on the invoicing date. Services are invoiced at a fixed price or on a time-spent basis, as set out in the quote. Incidental costs (travel, third-party licences and services, tools purchased on the Customer's behalf) are re-invoiced only with the Customer's prior agreement.

Article 5 – Invoicing and payment

A deposit may be requested at the time of the order; its amount is stated in the quote. It firmly binds both parties. The balance is invoiced according to the schedule in the quote or, failing that, on delivery. Recurring services are invoiced monthly in arrears.

Invoices are payable by bank transfer within thirty days of the invoice issue date, unless a different period, not exceeding sixty days, is agreed in writing in the quote. No discount is granted for early payment.

Any late payment automatically entails, without prior notice, late-payment penalties from the day after the due date, calculated at a rate equal to three times the legal interest rate in force, together with a fixed indemnity of 40 euros for recovery costs per unpaid invoice, in accordance with Article L441-10 of the French Commercial Code. If the recovery costs actually incurred exceed this amount, the Provider may claim additional compensation on supporting evidence. In the event of non-payment, the Provider may suspend performance of the services eight days after a formal notice that has gone unanswered.

Article 6 – Performance, Customer cooperation and acceptance

The Provider organises its work freely and may entrust part of it to employees or subcontractors under its responsibility and bound by confidentiality. Lead times are indicative unless expressly committed to in the quote. They are suspended, without penalty, for as long as the Customer has not provided the necessary access, information, decisions or approvals.

The Customer appoints a contact person and provides the requested access and information in good time. Deliverables are deemed accepted ten business days after delivery, unless reasoned reservations are sent in writing within that period. The Provider corrects within a reasonable time any non-conformities with the quote that are reported to it; new requests are handled in accordance with Article 3.

Article 7 – Nature of the commitments

The Provider has an obligation of means: it applies the care and skill expected of a professional to perform the service. Unless otherwise committed in writing in the quote, it does not guarantee a result, in particular a search engine ranking, a level of traffic or conversion, a score from a measurement tool (Lighthouse, Core Web Vitals, etc.) or the total absence of incidents or intrusions. Results also depend on external factors, such as search engines, hosting, third-party extensions or changes to the Customer's platform.

Where the service uses artificial intelligence, the results produced may contain errors; they are reviewed and validated by the Provider before delivery under the conditions defined in the quote, and the Customer remains responsible for the decisions it takes on that basis. The Provider does not send the Customer's personal or confidential data to a third-party artificial intelligence service without the Customer's prior agreement.

Article 8 – Access, environments and security

Unless otherwise stated, audits are carried out with read-only access. Any intervention in production is subject to the Customer's prior written approval. The Customer remains responsible for its backups and ensures that a recent backup exists before any intervention on its environments. The Provider uses named accounts, does not share them, protects them and asks for them to be deleted at the end of the engagement. The Customer informs the Provider without delay of any change to access.

Article 9 – Confidentiality

Each party undertakes to keep confidential the non-public information received from the other party in connection with the service, and to use it only for its performance. This obligation lasts for the duration of the engagement and for five years after it ends. It does not apply to information that has entered the public domain through no fault of the receiving party, or whose disclosure is required by law. A separate non-disclosure agreement may be signed before the engagement starts, at the Customer's request.

Article 10 – Intellectual property

The Provider retains ownership of its methods, tools, scripts, templates, components and know-how that pre-exist or are developed independently of the engagement. Subject to payment in full of the price, it assigns to the Customer, or licenses according to the nature of the deliverable and the quote, the rights of use of the deliverables specifically produced for it (reports, custom developments, configurations), for its own needs and for the legal duration of the rights. Third-party licensed or open-source components remain subject to their licences. The Customer may not resell or distribute the reports and deliverables to third parties without written consent, except to its advisers and providers acting on its behalf.

With the Customer's written consent, the Provider may name it as a commercial reference. Without that consent, no reference is published.

Article 11 – Personal data

Each party complies with the applicable personal data protection regulations, in particular the GDPR. Where the service gives the Provider access to personal data for which the Customer is the controller (customers, orders, accounts), the Provider acts as a processor: it processes this data only on the Customer's documented instructions, for the sole purposes of the service, protects it, copies only what is strictly necessary and deletes it at the end of the engagement. The provisions of Article 28 of the GDPR are formalised in a data processing agreement attached to the quote or provided on request. The personal data collected by the Provider on its own site is described in the privacy policy.

Article 12 – Liability

The Provider's liability is engaged only in the event of proven fault and covers only direct and foreseeable damage. It is limited, all causes combined, to the amount excluding tax actually paid by the Customer for the service giving rise to the damage. The Provider is not liable for indirect damage, such as loss of revenue, customers, unsaved data, reputation or opportunity. These limits do not apply in the event of gross negligence or wilful misconduct, personal injury, or for obligations in respect of which the law prohibits limiting liability. The Provider is not liable for malfunctions attributable to the Customer, its providers or a third-party service.

Article 13 – Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. Performance is then suspended. If the impediment lasts more than thirty days, either party may terminate the order in writing, without compensation, the services already performed remaining payable.

Article 14 – Term, cancellation and termination

One-off services end on delivery and acceptance of the deliverables. Recurring services (for example monthly support) are entered into for the period stated in the quote, then renew automatically for one-month periods; either party may end them by giving thirty days' written notice.

In the event of cancellation by the Customer after the service has started, the work carried out and the costs incurred remain payable, and the deposit paid is retained by the Provider on that account. Either party may terminate the order in the event of a serious breach by the other party that is not remedied within fifteen days of a formal notice sent by registered letter or by email with acknowledgement of receipt.

Article 15 – Governing law and disputes

The T&Cs and the services are governed by French law. In the event of a dispute, the parties first seek an amicable solution: the Customer sends a written complaint to the Provider, who replies within thirty days. Failing agreement, the Commercial Court of Créteil has sole jurisdiction, including in the event of multiple defendants, third-party claims or urgent proceedings.

Article 16 – Miscellaneous

If any provision of the T&Cs is declared void, the others remain applicable. Failure to rely on a breach does not constitute a waiver. The applicable T&Cs are those in force on the date of the quote; the Provider may amend them for future quotes.