Terms of service

These Terms of Service (ToS) govern the contractual relationship between FRESHMARKOM LTD and its clients in connection with the services offered on the freshmarkom.fr website.

1. Identification of the Provider

FRESHMARKOM LTD
UK Private Limited Company
Company Number: 12625429
UK VAT: GB 395 6739 34
Registered office: Basepoint Business Centres, Shearway Business Park, Shearway Road, Folkestone, England CT19 4RH, United Kingdom
Email: sanchu.tsa@freshmarkom.com
Phone France: +33 7 52 38 90 90
Phone UK: +44 7825 465858

Hereinafter referred to as "the Provider".

2. Purpose

These ToS define the conditions under which the Provider offers and delivers its services to the Client. The services include, without limitation: creation of showcase websites, e-commerce sites, SaaS applications, mobile applications, website redesigns, search engine optimisation and online advertising, visual identity and graphic design, social media management, subcontracting for agencies and freelancers.

3. Quotes and orders

Every project is the subject of a custom quote prepared by the Provider after discussion with the Client. The quote details the service, the price, the timelines, the payment terms, any commitments and any condition specific to the project.

The order is firm and final from the signature of the quote by the Client and the payment of any deposit mentioned therein. The signed quote constitutes the contract binding the parties and prevails over these ToS in the event of any discrepancy.

4. Price and payment terms

Prices are stated in euros, excluding tax (HT). The applicable VAT is specified on each quote and invoice according to the tax rules in force.

The payment terms (deposits, instalments, direct debits, transfers) are detailed in each quote. In the absence of specific provisions, invoices are payable within 30 days of the invoice date.

Any late payment automatically incurs penalties equal to three times the legal interest rate in force, as well as a fixed indemnity of 40 euros for recovery costs, in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code.

5. Timelines

Delivery timelines are indicated in each quote and constitute a best efforts obligation. Any delay attributable to the Client (late validation, content not provided, out of scope changes) results in a corresponding postponement of the schedule.

6. Client obligations

The Client undertakes to provide the Provider, within the agreed timelines, with all the elements necessary for the proper performance of the service (textual and visual content, technical access, validations, feedback). The Client guarantees the legality and intellectual property of the content they provide.

7. Intellectual property

Unless otherwise stated in the quote, the source code produced as part of the project is transferred to the Client upon full payment of the sums due. The Provider retains the right to mention the service as a commercial reference, unless the Client requests otherwise in writing.

Third party elements (fonts, licensed images, open source libraries) remain subject to their respective licences.

8. Warranties

The Provider guarantees the compliance of the deliverables with the agreed specifications. The warranty period for defects is specified in each quote. Excluded from the warranty are modifications made by the Client or third parties, and malfunctions related to external elements (hosting not managed by the Provider, obsolete browser, third party plugin).

9. Liability

The Provider's liability is limited to the total amount actually paid by the Client for the relevant service. The Provider cannot be held liable for indirect damages, loss of revenue, loss of clientele, or loss of data whose backup was not contractually entrusted to the Provider.

10. Confidentiality

Each party undertakes to preserve the confidentiality of the information communicated by the other party in connection with the project, throughout the duration of the relationship and for three years after its end.

11. Force majeure

No party may be held liable for a breach of its obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

12. Personal data

The processing of personal data is governed by our Privacy policy, compliant with the GDPR.

13. Prior mediation

In the event of a dispute, the parties undertake to seek an amicable solution prior to any legal action. To this end, the Client may refer the matter free of charge to the following mediator:

CMAP - Centre de Médiation et d'Arbitrage de Paris
39 avenue Franklin D. Roosevelt, 75008 Paris
www.cmap.fr

14. Applicable law and jurisdiction

These ToS are governed by French law. In the event of a dispute not resolved by mediation, and subject to the mandatory provisions protecting consumers, the Courts of Paris shall have sole jurisdiction.