1 – GENERALITIES
Unless otherwise agreed in writing, PIXAGILITY sales and services imply unrestricted acceptance of these General Terms and Conditions, which prevail over the Client’s General Terms and Conditions.
2 – CONTRACT FORMATION AND RENEWAL
When a special agreement is established with the Client, it constitutes the special conditions that modify or supplement these General Conditions.
At the end of the initial term of the contract and the subsequent renewal periods, the Contract shall be tacitly renewed for periods of 12 months each, unless terminated by either party by giving six (6) months’ notice by registered letter with acknowledgement of receipt.
3 – PRICE
Prices are stated excluding tax and, unless otherwise agreed, the prices indicated on the quotations are valid for 1 month. After this period, PIXAGILITY reserves the right to modify the financial conditions of the offer.
PIXAGILITY, each year on 31 December, will increase its prices, according to the evolution of the INSEE consumer price index during the year in question.
4 – DELAYS
The execution or delivery times are given as an indication and will be confirmed by the acknowledgement of receipt when the order is placed.
PIXAGILITY only recognizes the validity of penalties for late delivery or late performance if it has approved the terms thereof.
Delays in payment or cases of force majeure and, more generally, any cause not caused by it, release PIXAGILITY from the obligation to observe delivery or execution deadlines and exempt it from any contractual liability.
5 – CONDITIONS OF PAYMENT
Unless otherwise provided by contract:
for initialization or setup fees, the invoice is issued at the signing of the contract for immediate payment.
for rents, the invoice is issued at the beginning of the service period for a 30-day payment
In the event of non-payment of any of the installments, the other installments shall become immediately due. Pursuant to Law 2008-776 of 4 August 2008, known as the LME law, any non-payment on the agreed due date appearing on the invoice automatically entails, without any need for formal notice, the application of an indemnity for late payment, calculated at a minimum rate of 3 times the legal interest rate plus 3 points.
PIXAGILITY reserves the right to invoke partial or total compensation between its debts and the amount of its invoices to its customers regardless of the maturity of its commitments.
6 – LIMITATION OF LIABILITY
PIXAGILITY will be responsible for the proper execution of its sales and services, except in cases of force majeure or fortuitous events, in accordance with the provisions in force in terms of civil liability.
PIXAGILITY may only be held liable in the event that it has committed a serious fault, to the exclusion of any other fault that is not of this nature.
PIXAGILITY shall not be liable for the non-performance of any of its contractual obligations if such non-performance is due to an event beyond its control.
7 – INTELLECTUAL PROPERTY AND KNOW HOW
PIXAGILITY retains ownership of all its know-how, used or made available to the Client in the context of the performance of the service. PIXAGILITY does not grant any intellectual and/or industrial property rights to the Client, except with the prior written consent of the parties.
8 – CONFIDENTIALITY
PIXAGILITY and the Client undertake to respect the strictest confidentiality with regard to commercial information, documents, data or concepts of which they may become aware during the performance of the contract.
The Parties shall be responsible for the fulfilment of the obligation of confidentiality by themselves, their employees and agents.
9 – TERMINATION
The obligation to pay the price of the services constitutes an essential obligation on the part of the Client. In the event of difficulty or delay in collecting the receivables held against the customer, PIXAGILITY reserves the right to suspend the delivery and/or the service still to be performed on the basis of the exception of non-performance, and this, 8 days after sending a formal notice by registered letter with acknowledgement of receipt remained ineffective and informing it of the said suspension.
10 – RESOLUTION OF DISPUTE
The contractual relationship between the Client and PIXAGILITY is exclusively subject to French law. The parties shall use their best efforts to resolve any dispute between them arising from the formation, interpretation or performance of the contract and its consequences. Failing this, the courts of Paris shall have exclusive jurisdiction.