General terms and conditions of sale
1. Legal notice
Company number : 09642844
Director of the publication : Stéphane FAURE
2.Preamble - Purpose
These Terms and Conditions of services sale , hereinafter referred to as Terms and conditions of sale applies to all orders placed by the customer, electronically through our web site http://myddleware.com or by any other means , including telephone.
Myddleware ltd may modify these Terms and Conditions of sale at any time. The customer shall ensure to have read and accepted it before placing any order.
The applicable terms and conditions for sale, are those mentioned on our web site the day of your order and attached to the order's confirmation email.
Any order and any contract with Myddleware ltd imply the client's full acceptance of these Terms of Sale, without any reservation whatsoever. Failure of the services provider to require performance of any provision hereof shall not affect the full right to require such performance.
Failing agreement between the service provider and the client , the services provided are subject to the Terms and Conditions described below .
3. Nature of the services
Myddleware ltd helps companies in developing their computer system, whether in connecting applications or in customer Relationship Management (CRM).
Our products and services are valid as long as they are displayed on our web site.
Myddleware ltd provides the software Myddleware.
4. Quotes and orders
Our products can be ordered:
- Online through our website,
The service is provided on the customer's request A contract shall be completed for all services.
To definitely confirm an order, the customer shall approve the quote by writing in an email.
The validation of the order implies the client's full acceptance of these Terms of Sale, without any reservation whatsoever.
5. The price
The prices displayed on our website, does not include the costs for additional services.
For the services, the prices are those detailed in the quotes or contracts accepted by the client. They are in euros. The prices can be calculated per diem, per hour or per day.
Saturdays, Sundays and holidays will be charged double the daily rate set in the contract if the customer requests the service provider to work on these days.
The standby days are charged half the daily rate set in the contract. If an intervention is needed a standby day, the client will be charged the full daily rate fixed in the contract.
It is agreed between the parties that the payment of all the service provider's fees by the client, implies definite reception and acceptance of the services.
6. Terms of payment
Payment is possible by credit card, transfer or via PayPal .
The payment via PayPal requires and account with that company, and the application of its conditions of use.
Wherever there is no specific time mentioned for payment, invoices are due at the end of the month stated on the invoice, minus the deposit where applicable.
Upon acceptance of the quote, and if the quote specifies the payment of a deposit , the customer will pay a deposit of 50 % taxes free, of the total amount of the service Works will start after receiving this amount. The balance will be invoiced at the end of the service.
7. Force majeure
The service provider shall not be held responsible for any delay or failure to perform its obligation, caused by acts of God or any other temporary or definite events or acts beyond the service provider's control.
In that respect, acts of God shall mean any unforeseeable and irresistible external event within the meaning of Article 1148 of the French Civil Code and beyond the service provider's control, such as by way of example but, not restricted to ; natural disasters, government restrictions, riots or social unrest , wars, malice, accidents in the service provider's premises, interruptions of the electricity services for more than two (2) days, hardware failure, long term absence (accident or illness) Within a maximum of five (5) working days from the beginning of such event, the part affected by this act of God undertakes to notify the other party by a registered letter with acknowledgement of receipt and to provide evidence.
The service provider will make every possible effort to eliminate the causes of the delay and shall resume its performances as soon as the problem is cleared. However, if the force majeure continues beyond a period of fifteen (15) working days from the date of receipt of notification, either party shall have the right to terminate the agreement without paying damages and additional interest. Such termination shall take effect on the date of receipt by the other party of the termination letter sent by registered letter with Acknowledgement of receipt.
In cases where the agreement is terminated by the client due to act of God, the client shall pay to the service provider all amounts owed up to the date of termination, where appropriate.
8. Repayment terms
The client shall not be repaid if a configuration problem is noticed in his system. In case of incompatibility of our products, we promise to reimburse the customer for expenses already incurred within the 15 days revocation period from the date of acceptance of the offer if it is a service or from the date of purchase of the product.
9. Data protection
The personal data collected through your orders on our web site, are under the responsibility of Myddleware ltd and are processed only in the frame of the mentioned purpose,. They are provided only to the relevant in-house departments.
Under current regulations, your request must be signed and sent with a photocopy of an identity card bearing your signature and stating the adress at which the answer should be sent to you. The answer will be sent to you within two months following the receipt of the request.
These terms and conditions of sale and the contract signed by both parties are subject to the English law. Failing an amicable settlement, any persistent dispute between the parties regarding the implementation or the interpretation of the TCS or the contract shall be refered to London courts.