TERMS AND CONDITIONS (UPDATED September 13, 2021)
The present General Conditions of Sale of Services, hereinafter referred to as “the Contract”, are concluded between the company Yvon Skaiki – 75CODES, an individual company whose registered office is located at 11, Rue Victor Lagrange in LYON 69007, registered in the LYON Trade and Companies Register under the number 822 256 426, a company specialising in the realisation of digital services. It includes the fields of website design, referencing and positioning in search engines, website hosting, application development, graphic design, web actions, and training, hereinafter referred to as “The Provider”, and any individual or legal entity wishing to benefit from the services of the company, hereinafter referred to as “The Customer”.
The site 75codes.com has an object to provide information concerning the whole of the activities of the company of the provider. The owner of the site strives to provide on the site 75codes.com information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third party partners who provide it with this information. All the information proposed on the 75codes.com website is given as an indication, is not exhaustive, and is likely to evolve. They are given subject to modifications having been made since they were put on line.
Purpose of perfect information, the present general conditions of sale of services are brought to the knowledge of the customer. The whole of the clauses and conditions is considered known and expressly accepted by the customer at the time of the acceptance of the estimate, contract, or even of the placing of order by the customer through any types of support of exchange which thereafter results in the establishment of an invoice, without it being necessary to establish a purchase order and even if this one did not formally affix its signature on the present. Consequently, the fact of accepting the estimate, contract or of having placed order at the provider carries full and whole acceptance of these general conditions of services.
For the purposes of interpretation and implementation of these Terms and Conditions, it is agreed that the following terms shall be defined as follows:
Service: hereafter refers to the object of the sale made by the provider. The service can designate a set of services such as a council, a provision of a know-how, an intellectual service, the design of a web site, an extranet or a business application, etc.
Website or Internet: means the set of pages composed of text, images and, if applicable, multimedia elements, accessible by a URL address and hosted on the hard disk of a server allowing multiple and simultaneous access via the Internet network.
Sources: designates the elementary content necessary for the creation of an immaterial service: texts, images and sounds for an Internet site, accounting documents for an accounting solution, etc. Unless otherwise stated, the provision of sources is the responsibility of the client.
Specifications: refers to the document provided by the client, or produced in collaboration with the service provider in exchange for payment, describing as explicitly as possible the content of the expected service and any constraints and specificities concerning the technical conditions of production, operation and quality of a service. The specifications are not obligatory for the request for the realisation of a service by the customer and constitute a contractual element only from the moment when it is signed by the 2 parts. Any specifications not signed or signed only by one of the parties is considered void.
Article 1 – PURPOSE AND SCOPE.
The contract establishes the commercial relations between the provider and the customer. The provider proposes to carry out on request of the customer, individual or company of the data-processing services. Prior to any intervention, the date and the forecast of the intervention will be agreed upon during the contact between the parties, after having answered the questions of a technical pre-diagnosis allowing to determine the conditions of the service. In the absence of specific provisions stipulated in writing, the fact of placing an order implies full acceptance by the customer of these general conditions of sale, even if the customer has not formally affixed his signature. They are accessible at any time on the website at https://75codes.com/terms-conditions/ and will prevail, if necessary, over any other version and over the customer's own conditions of purchase. Any clause to the contrary shall be deemed unwritten. The applicable GTC are those in force on the day of the validation of the order. The Provider reserves the right to adapt or modify at any time the present terms and conditions of sale. In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order except for those whose remaining duration is superior to six months at the date of the modification. In this case, the last General Conditions are applied between the parties.
Article 2 – DESCRIPTION OF PROVISIONS AND SERVICES.
The provider offers the following services to the customer:
● Website creation
● Application development
● Search engine optimization (SEO) and positioning
● Web hosting and domain name purchase
● Creation of a graphic charter and visual identity
● All Web Actions
The provider will be able to provide the client with the following services for the development of the project
● File exchange platform and customer account management
● Demo publishing site (test and acceptance)
● Training and Assistance
Article 3 – PASSING THE ORDER.
Any order placed by the customer to the provider is formalised in an invoice generated or an estimate if the customer's request requires a proposal, summarising the characteristics of the service requested including its content and price. If an estimate is established, it is signed by the customer by electronic means accompanied, depending on the case, either by a deposit or full payment. The order is then final. The respective obligation of each party, to perform the service for the provider and to pay the service for the customer, arises from the moment of the creation of an invoice following the request of the customer who knows and accepts in advance the rates proposed by the provider or from the receipt of an initial deposit by the provider or if the customer has duly signed the contractual document (s) issued by the provider. If an estimate or invoice has been drawn up, the request to carry out the service described in the estimate or invoice constitutes acceptance by the client. The personal investment of the customer in the creation of the site is essential without which a result which did not correspond to its waitings could not raise the responsibility of the provider. The provider can decide to refuse, to interrupt or to modify the service and this, without compensation to the benefit of the customer nor refund of deposit, as soon as :
The client does not pay the amounts invoiced by the provider;
The customer does not, or no longer, demonstrate sufficient proof of solvency;
When the client does not have or no longer has the necessary and specific skills for the complete realisation of the service, either because the client systematically opposes the advice and services provided by the service provider, or because the client refuses to provide the instructions or sources necessary for the final realisation of the service;
When the provider notices any act of piracy, fraud or non-compliance with the ethical, legal or moral rules of the profession, attributable to the client.
The Provider reserves the right to make non-substantial changes to its services, without affecting the contractual links or the obligations between the two parties. All domain name management services, hosting, email addresses in particular, are subject to annual billing on a non-refundable anniversary date. In case of interruption at the customer's initiative, or transfer to another provider during the year of any of these services, the payment is due for the entire year and is not refundable. No order of a service can be cancelled without the express agreement of the provider. Otherwise, the client will be required to pay the full amount due to the provider. When the Provider acquires one or more domain names as part of an Internet service, these domain names are purchased in the name and on behalf of the client. The client may request at any time the transfer of the ownership of the domains to his own coordinates, subject to the payment to the provider of the sums due for the service for which the domain names have been acquired and more generally the payment of all sums due to the provider. Failing this, the client is exposed to the resale or non-renewal of the domains. The communications and all means of written exchanges through modern technologies (such as mail, whatsapp, telegram, messenger), and electronic signature concerning the orders, quotations, request for service and payments between the customer and the provider can be proven thanks to the computerised registers, screenshots or copies of written exchanges kept by the provider. The quotes, contracts and invoices are archived on an online medium accessible by the customer on his user account, in particular, as a means of proof as well as the communications and any means of exchange mentioned above.
Article 4 – PERFORMANCE OF THE SERVICE.
Within the framework of the development of a web project, the provider receives the specifications transmitted by the customer or in the contrary case, elaborates the Specifications in collaboration with the customer: the technical elements specific to the project are described there. It is signed electronically by the customer before the start of the work by the provider or in the contrary case of writing in a contract, invoice or estimate. The service is executed over the given period of time in accordance with the timetable provided for (provisional schedule) in the specifications, contract or estimate. When the client does not transmit the elements necessary for the good realisation of the service (sources, specifications, etc.) within the agreed time, this fact has the direct consequence of delaying the realisation and thus the delivery of the service by the provider. However, the service provider can in no way be considered responsible for a situation that he is primarily responsible for. Consequently, the customer remains subject to penalty until the necessary elements are transmitted, or will be sanctioned in accordance with the provisions of Article 3. Once the work is completed, the provider proceeds to the delivery of the project and proposes to the customer to record any reservations if the delivered project does not correspond to the expectations defined in the specifications, contract or estimate. Moreover, he will have a deadline defined in the specifications, contract or estimate, to ask by mail to the provider to proceed to corrections in case of non respect of the expectations defined beforehand in these last ones. These modifications should be relative only to the elements defined in the schedule of conditions, estimate or invoice and any external request not initially envisaged will be the subject of an estimate or invoice separately. The modifications will not be able to exceed 10% of the amount of the service evaluated per hour by the provider and invoiced at 80 Euro/Hour. Any modification beyond this will be subject to a new estimate and invoicing. Without a response from the customer within 8 days, any service will be considered as completed and can no longer be revised, and any invoice for the completion of the project will become due, the delivery of the project will be considered as completed and fully delivered. Any request received after this period will be considered as a new service or request from the customer.
Article 5 – TERMS OF PAYMENT AND PENALTIES FOR DELAY;
The price and the conditions of invoicing are indicated on the estimate or invoice.
The price of the service is firm. The current rates are available from the provider on request. It is stipulated including all taxes and expressed in euros on the total amount to be paid. The conditions of the offer concern exclusively the services specified on the estimate. Any additional service not provided for in the estimate will be subject to a surcharge equivalent to its value. Refusal to pay for such services will entitle the Provider to terminate and pay in full the sales contract, and to compensation equal to the damage suffered and/or the value of the additional service. In the event of non-payment of the price of the service in whole or in part:
We reserve the property until the complete payment of the price by the buyer. Our reservation of ownership concerns both the goods and their price if they have already been resold (Law No. 80.335 of 12 May 1980). Failure to pay on the day following the date of payment shown on the invoice shall automatically and without prior notice result in the payment of late penalties at a minimum rate of three times the legal interest rate in force. Any dispute or claim relating to the invoice must be sent by email to [email protected] within 8 days of receipt of the said invoice, failing which the Provider will no longer accept any grievance. The provider is obliged to send an invoice to the customer upon delivery. The invoice is sent by email only. In case of unavailability or inability to produce a product, the provider will inform the customer by email as soon as possible to cancel the order of this product and refund the price, the rest of the order remains firm and final. Within the framework of a service of development of a Web site, if a modification of the tariffs intervened, it would be notified beforehand to the customer by email or any other means of written exchange, established between the provider and the customer. Any change in the terms of the service compared to that described in the specifications, estimate or initial invoice will be billed separately after acceptance by the customer of the change in rates. Failure to comply with these terms of payment will automatically interrupt the work in progress and suspend the services. The Provider also reserves the right to refuse an order from a customer who has not paid in full or in part a previous order or with whom a payment dispute is pending. The payment of a new deposit can be used to settle a later due. If the work is slowed down because of elements not provided by the customer or on request of the customer, the provider will collect 80% of the total amount (deposit deducted). The remaining 20% will be cashed at the final delivery. For the services in monthly payment: the invoice will be sent at the anniversary date of the month with a link of payment by credit card, the customer will have to settle in all the cases his monthly payment before the end of the current month. In case of non payment and without regularisation before the date of, the site will be put off line the 1 day of the following month, until reception of the amount of the monthly payment except for the service of management of domain name, hosting, e-mail addresses, once the date of renewal reached and the unpaid invoice, these services will be automatically suspended and all safeguard of e-mail or hergé site definitively removed from the waiters without the possibility of reactivating them, the customer understands the risks incurred in the event of non respect of the payments of the invoices before the periods limits. The provider can not be held responsible for the loss of services and backups and files stored online by the customer due to non-payment of invoices on time.The referencing packages are paid monthly in advance. The invoice will be sent every 25th of the month, the customer will have to settle in any case his monthly payment before the 1st day of the following month or the service will be stopped until the complete payment. For any question relating to the follow-up of an order, the customer will be able to contact the customer service with the following coordinates: By email at [email protected]
Article 6 – METHOD OF PAYMENT
The whole of the methods of payment placed at the disposal of the customer are listed on the site of the provider. The customer guarantees to the provider that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the placing of the order. the provider reserves the right to suspend or to cancel any execution of an order, in case of default of payment or partial payment of any sum which would be due by the customer, in case of incident of payment, or in case of fraud or attempt of fraud relating to the use of the site, including at the time of previous orders. In these cases, the deposit will be retained by right. The provider reserves the right to add, suspend or modify any means of payment made available to the customer without notice and at any time, therefore, the launch of work is made only after confirmation of payment by the banking institution up to date, at the time of settlement of the sum due by the customer to the provider.
Article 7 – DELIVERY.
The products and/or services can be delivered via network technologies. The choice will be made by both parties at the time of the order. If no specific choice is made, the delivery is exclusively by network. The Provider undertakes to make every effort to carry out the services ordered by the Customer, but does not undertake any obligation of time, unless specifically agreed. The publication by the provider of the service is dependent on the provision by the customer of the information necessary for the realisation of the order, iconography, textual contents or any other elements. The deadlines indicated on the quotations, contracts or invoices are indicative, they do not constitute a formal commitment. In the event of exceeding them, they cannot give rise to damages or any other form of penalty. They are indicated within the framework of a reciprocal respect of the deadlines. If the client has to provide elements for the realisation of all or part of the work and that these are delivered with delay, the provider can not guarantee a deadline simply increased by the same delay, it may be longer depending on the production schedule in progress at that time. The customer must imperatively control his product put on line, he has 8 days to indicate to the provider any anomaly concerning him. After this period, the order will be closed. The customer is also encouraged to regularly check the proper functioning of the emails because the configurations of the external providers can change without the provider being informed. The configuration at the time of delivery works and is never modified, the provider cannot be held responsible for a later non functioning. In the case of a web development service, the provider will provide the customer with a url link to view the work. Each step is followed by a validation. Validation of the graphic charter, validation of content, validation before going online. The customer has 8 days to validate the steps requested by email by the provider. In case of non-validation, the order will be stopped and the provider will collect 80% of the total amount (deposit deducted). Without payment within 10 days after the first request for payment because of non-validation of the graphic design, the model will be destroyed and the customer will lose his deposit.
The claim may be made in the following ways:
The customer may contact the “provider” by email in order to expose the problem(s) and transmit photos illustrating them, or by any other means of written exchange.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and releases the provider from any responsibility towards the customer.
Article 8 – CASE OF FORCE MAJEURE.
The parties cannot be considered as responsible or as having failed in their contractual obligations, when the failure to perform their respective obligations has its origin in force majeure; the contract between the parties is suspended until the extinction of the causes having generated the force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and independent of the will of the parties, despite all reasonably possible efforts to prevent them. Are also considered as force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks outside the parties. The party affected by the force majeure shall notify the other within five (5) working days following the date on which it becomes aware of the force majeure. The two parties will then agree on the conditions under which the execution of the contract will be continued.
Article 9 – UNAVAILABILITY OF PRODUCTS AND REFUNDS.
All information on our site is subject to change without notice. No information on the site can be used against us for the purpose of forced sale or for any discount or compensation. It is up to the customer to check with the services of the provider that the offers presented on the site have value of commitment and are current. In no case the provider will be able to accept order conditions aiming at cancelling or modifying his own sales or guarantee conditions. Neither discount imposed for cash payment. No information may be reproduced without the written consent of the Provider. In case of unavailability of an ordered product, the customer will be informed by email. The customer will have the possibility of cancelling his order and will have the choice between the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product. Product offers and prices are valid as long as they appear on the site, within the limits of available stocks. For products not stocked in the services of the provider, these offers are valid subject to availability from suppliers. In this case, information on the availability of products is provided at the time of placing your order by the customer. Some of this information coming directly from the suppliers of the provider, can contain errors or modifications. In the event of an unavailability of Article (s) after validation of order, the provider will inform by email. This information will be provided within a maximum of 7 working days. The customer will then be able to ask for the cancellation of the order or the exchange of the missing products. If this unavailability should last beyond the previously announced deadline, a new email will be sent before the expiration of the previous deadline. As before, the customer will have the possibility to request the cancellation of the order or the exchange of the missing product(s). Without response from you by the deadline the order will be automatically cancelled and refunded. The customer reserves the right to have the hosting and domain name rental services carried out by a service provider outside the company. In this case, the service provider's general terms and conditions of sale apply to the hosting and domain name rental.
Article 10 – OBLIGATIONS, RESPONSIBILITIES AND SPECIFIC DECLARATIONS OF THE CUSTOMER
In order to ensure a good collaboration with the Provider, the Customer undertakes to communicate as soon as possible all documents and data necessary for the proper execution of the project. The customer expressly undertakes not to offer on his website any goods that are illegal or prohibited by law, to respect the intellectual property of other websites and more generally of intellectual, literary, artistic and other works as well as the copyrights and trademark owners. The customer declares to be the owner of a property right or a right of use or licence of trademarks, patents, software used or quoted on the website. The customer undertakes to take charge of and ensure the obtaining of any authorizations relating to copyright or related rights. The information published on the website after it has been put online is the sole responsibility of the customer. He is the publisher in the sense of the law n° 86-1067 of September 30, 1986 modified by the law n° 2000-719 of August 1, 2000. The client undertakes to provide the service provider with fair, quality data that complies with the legislation in force and to respect all legal and regulatory requirements in force relating to information technology, files and freedoms. The customer is solely responsible for the custody and use of identifiers that the provider will have transmitted. The customer agrees not to penetrate the computer systems of the provider or attempt to do so. The customer undertakes to inform the provider immediately in case of breakdown or malfunction of the website. The customer guarantees the provider of any recourse of thirds relating to the contents of its services and benefits and this, under some legislation that it is. In no case, the customer will be able to require any compensation to the provider following the interruption of the services following an incident of payment. If he has an update interface, the customer is solely responsible for the management of the content of his site, as well as for his backups. He already discharges the provider of any responsibility.
Article 11 – OBLIGATIONS, RESPONSIBILITIES AND SPECIFIC DECLARATIONS OF THE SERVICE SUPPLIER
Within the framework of the execution of its services, the provider does not assume an obligation of result but of means. He cannot be held responsible for the direct or indirect consequences that may affect the client or his customers. The present clause of exoneration of guarantee is considered as essential and determining by the provider who would not have contracted without it. It is expressly agreed that if the Provider is held liable in connection with the performance of this Agreement, the Client shall not be entitled to any compensation or damages other than the reimbursement of the costs incurred by the Client under this Agreement. If the Client makes changes or involves a third party, the Provider is no longer liable. The provider does not exercise any control on the contents emitted by the customer, that is through its Web space or the emails which it would be brought to send or receive. In no case, the provider would not know how to see its responsibility engaged following any action or recourse of thirds, in particular for violation of a right of intellectual property, literary, artistic or for the propagation of words, images or sounds constituting a defamation, a denigration or carrying out an attack on the private life, the good manners or the public order. The provider can in no way be held responsible for the access speed to the customer's website, the access difficulties and this because of the characteristics and limits of the Internet that the customer declares to know. The provider can not be held responsible for the non-routing of emails. More generally, the provider could not be held responsible for any degradation of the website having a direct or indirect impact on the results or the image of the customer. The provider could not be held responsible in case of malicious introduction on the Web space of the customer or for a hacking of the mailboxes of this one. In no way, the responsibility of the provider could be sought in case of negligence, fault or omission or failure of the customer, non-compliance with the given advice or negligence, fault or omission of a third party on which it has no power of control or monitoring. The Provider shall not be liable for the consequences of the introduction of a computer virus into the web server or into the website affecting its proper functioning, nor for the interruption of the Internet connection due to a cause beyond the control of the Provider. After updating the data, the Provider will transfer all necessary elements to the server. After this transfer, the Customer will be solely responsible for the backup and storage of his data. The Provider reserves the right to modify at any time the characteristics of its technical infrastructure and the choice of its suppliers. The Provider may interrupt its service for maintenance reasons but undertakes to keep the interruption as short as possible. As developers of Internet services, the provider is not responsible for problems related to computers visiting the site and their possible misconfiguration. The Provider is not responsible for the integration of an online payment kit on the Customer's website. The customer is solely responsible for the proper functioning of the payment system and undertakes to carry out the tests of functioning himself by carrying out a transaction and checking its debit with his bank. In addition, if there is an addition of a promotion code, the customer undertakes to perform the tests. Finally, the Provider declines all responsibility for the security of the online payment kit.
Article 12 – RESERVATION OF TITLE.
All the content of the Provider's website is the sole property of the Provider, and is protected by the current legislation on copyright and intellectual property. Without prior agreement from the Provider, it is forbidden to use, even partially, the content of the site. The violation of these provisions may result in the cancellation of any order, notwithstanding the commitment of prosecution. The provider retains full ownership of the service and each of its elements, including intangible, until the effective payment of the full price and accessories and more generally until the full settlement of all invoices due by the customer to the company provider. In the event of a procedure of safeguard, recovery or legal liquidation of the customer, the property of the delivered goods and remaining unpaid could be claimed by the provider. In the case where a service is the subject of a definitive interruption, that this one is at the initiative of the customer or the provider, the provider has any latitude, to sell, to destroy, to renew for its own account or that of thirds, or not to renew any asset included in the service. The customer company will become owner of the product as from the final payment of all the invoices emitted by the provider within the framework of the order, it is interdict with the customer to lay out of it to resell them or transform them before this payment. These terms do not prevent the transfer of risks to the customer upon delivery of the goods sold.
Article 13 – COPYRIGHTS AND LEGAL MENTIONS.
The Client authorises the Provider to mention its company name in its commercial documents, as a reference, to ensure its commercial promotion. The Provider or its commercial intermediaries are authorised to use the Customer's website for demonstration purposes. Except explicit contrary mention of the customer against expenses, the provider reserves the possibility of including in the realisation a commercial mention clearly indicating his contribution attached of a link towards his site, in the form of a mention of the type: ” Host by 75CODES, when it concerns services of web hosting, ” Dev by 75CODES, when it concerns services of development, ” Built by 75CODES “, in a more generic way when it concerns a global service. The customer will be free to exploit his site as he wants, or to make it modify either by the provider, or by a third party or himself. In these last two hypotheses, the provider will keep his coordinates remain on the site.
Article 14 – CONFIDENTIALITY.
Each of the parties undertakes, in its own name and in that of its employees, to treat as confidential, during the term of this contract and after its expiry, the documents, systems, software and know-how originating from the other party of which it may have become aware during its performance and not to use them outside the requirements of this agreement. This obligation does not apply to information that has fallen into the public domain or the disclosure of which has been authorised in writing by the party concerned. The Provider may have access to the Client's personal data. The Provider undertakes to make every effort to ensure the confidentiality of the information transmitted to it. The provider could not however be held responsible for possible disclosures intervening on the Internet network or at thirds. In no case the provider can be held responsible for the loss of documents required for the realisation of the ordered services. The Client is obliged to send only copies or documents without replacement value. The Provider reserves the right to refuse any document, text or image, contrary to its ethics, good morals or not in compliance with the legislation in force. The responsibility of the provider could not be committed in the event of malicious introduction on the Web space of the customer or for a hacking of the electronic mailboxes of the customer and this, in spite of all the safety measures taken by the provider and its suppliers. The Customer agrees to defend, indemnify and hold harmless the Provider from and against any loss, damage or claim arising out of the use of the services provided by the Provider to the Customer hereunder, including without limitation: any false advertising, liability of any kind arising out of any product or service sold or offered by the Customer, copyright or trademark, interruption or failure to operate the Services or for any content submitted or offered by the Customer.
Article 15 – GENERAL PROVISIONS.
If any provision of this Agreement is found to be invalid by any applicable law or court decision, it shall be deemed unwritten, but this shall not invalidate the Agreement or affect the validity of the remaining provisions. The fact that either party does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights under the said clause. In such a case, the parties shall, to the extent possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of the contractual conditions. The headings of the articles of the contractual conditions are for ease of reference only and do not in themselves have any contractual value or special significance. All notifications, communications, formal notices provided for in the general conditions will be deemed to have been validly delivered to the client if they are sent by registered letter with acknowledgement of receipt to the postal address and/or e-mail address provided by the client to the service provider. The contract may be terminated by operation of law, without judicial or extrajudicial formality, if either party fails to meet the obligations stipulated in these GTC and the Special Conditions specified in the quote, and does not remedy this failure within one month of receipt of a formal notice by registered letter with acknowledgement of receipt or extra-judicial act, without compensation and without prejudice to the sums still due and any damages. In case of termination on the Customer's initiative, the amounts due to the Provider for the remaining period of the contract will be immediately payable. Any service started by the Provider is due in full.
Article 16 – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION.
French law shall be the only law applicable to this contract, excluding, on the one hand, the rules of conflict provided for by French law, and on the other hand, the provisions of French law which would be contrary to this contract. Any dispute between the parties, relating to their contractual relations and in particular to the interpretation, execution and termination of this contract, shall be submitted to the commercial court of the Provider's headquarters, even in the event of a warranty claim or multiple defendants. In the event of a change in legislation involving modifications to bring the project into compliance, the development costs will be borne by the client. The development of the project being prior to the new legislation, the provider cannot be held responsible for a possible impossibility of compliance with the new legislation.