General Terms and Conditions of Service - One-time Website Decarbonization.

After the completion of the Services, Webvert provides a summary of the decarbonization actions accessible on the portal of the Site in the personalized space of the Client.

As part of the Services, WEBVERT will save the contents within its scope of intervention and the server configurations of the Client before making any modifications. In its advisory duty, WBVERT will notify the Client, where applicable, of any malfunctions that WEBVERT may have detected on the Client Site. It is up to the Client, and not to WEBVERT, to remedy these malfunctions.

In the event of an impossibility to generate decarbonization, WEBVERT will explain the reasons to the Client. This will be the case, for example, in the event of an impossibility to modify a setting or other technical impossibility due to the CMS (or hosting conditions of the Client Site) or organizational blockage. In this case, the Client may notify by email the cancellation of the contract, provided that the Client must have paid at least 50% of the contract amount and at most the amount of the services that have been performed (the amounts being detailed in the quote).

WEBVERT will save the contents within its scope of intervention and the server configurations of the Client for a period of one year. By default, the identifiers communicated by the Client to WEBVERT in accordance with article 6.2 (i) below will be kept for a period of 6 months after the end of the Contract. WEBVERT will delete them immediately after the end of the Contract if the Client expressly requests it.

The Client is, however, expressly alerted to the fact that the storage of Data and the temporary backup of Data offered as standard by WEBVERT does not in any way exempt it from making regular backups of its Data, whether local or outsourced.

In any case, all operations aimed at restoring or recovering lost or damaged Data are subject to additional charges.

WEBVERT undertakes to provide all the care and diligence required of an IT service provider in the execution of this Contract. Subject to the Client’s compliance with its obligations, and in particular the timely provision to WEBVERT of the information and means under this Contract, WEBVERT is subject to an obligation of means. WEBVERT cannot be held responsible for line interruptions of the network, and it particularly draws the Client’s attention to the importance of the choice of the operator and the telecommunications product.

WEBVERT cannot under any circumstances incur liability for unforeseeable losses or damages of the Client or third parties, which includes in particular any missed earnings, loss, inaccuracy or corruption of files or Data, commercial harm, loss of turnover or profit, loss of clientele, loss of an opportunity, cost of obtaining a substitute product, service or technology, in connection with or arising from the non-performance or faulty performance of the services except for intentional fault of WEBVERT and/or one of its agents.

WEBVERT disclaims any responsibility for the harm that could be caused, directly or indirectly, to the Client or to third parties, by erroneous, partial, or incomplete contents (data, images, videos) of the Client Site. In all cases, the amount of WEBVERT’s liability is strictly limited to the amount of the sums actually paid by the Client at the date of occurrence of the fact generating liability.

WEBVERT is not responsible for cuts and interruptions in access to the Services that are not due to its own act and which are notably related to a third party or to the technical operators with whom it collaborates or to electronic or material problems (Example: fraudulent intrusion, network malfunction, malfunction related to the third-party software service provider, modification of the API of the third-party software service provider, etc.).

WEBVERT only ensures the obligation to implement recognized rules of the art in this area. Notwithstanding the existence of technical devices put in place, WEBVERT cannot guarantee that it is able to face all attempts at intrusion, transmission of viruses, Trojan horses, logic bombs and, more generally, any act of hacking. The Client must take all appropriate measures to protect its own Data, its Client Site, its software, its identification elements on the network, and its computer equipment.

The Client declares to be well aware of the internet, its characteristics and its limits, and acknowledges in particular:

Furthermore, the modification of the resolution of graphic elements carried out as part of the Services will take into account the destination of said elements, namely use on a computer screen. The resolution will necessarily be lower than that used in editions (paper, in particular), which the Client acknowledges and accepts. It follows that the elements thus modified may not, in some cases, be reused or adapted on printed media.

The Client undertakes to collaborate actively and regularly throughout the Contract, in particular:

(i) By communicating to WEBVERT:

Accesses can be made via a VPN provided that this VPN is compatible with Linux and launchable by command line. Depending on its security policy, the Client will issue at the beginning of the contract an authorization by IP or by browser identifier to allow the analyzer (bot) of WEBVERT to proceed with the analysis of the Client Site, which will take place:

(ii) By communicating to WEBVERT and making available to it any other element, information and/or document, if requested by WEBVERT, in particular to enable WEBVERT to handle anomalies in the context of the Services;

(iii) By designating in particular a dedicated competent interlocutor, named Referent, to be the single point of contact with WEBVERT throughout the duration of the Contract;

(iv) By protecting itself against any damage that may affect the Data, files, software, materials and all documents provided by the Client for the needs of the Contract;

(v) By informing WEBVERT of any change concerning its situation (contact email address, etc.). It is the Client’s responsibility to take all measures to ensure the preservation of a copy of the Data on its own servers. WEBVERT cannot be held responsible in case of loss of the Data stored by it.

Without prejudice to its obligations as Data Controller in the event that its Data are Personal Data, the Client controls, before any analysis, guarantees and is solely responsible for the accuracy, quality, integrity, legality, reliability and relevance of all its Data.

The Client declares and attests to be the holder of the necessary intellectual property rights on the elements provided to WEBVERT for the realization of its Services and guarantees WEBVERT against any action by third parties relating to the elements and Data provided, only the responsibility of the Client being sought in this respect.

The Client also undertakes that its Data:

The Client guarantees WEBVERT and indemnifies it from all consequences related to the non-compliance with this article.

In case of failure to comply with the above obligations not attributable to WEBVERT and outside cases of force majeure, whether it concerns the provision of access and analysis, unavailability of the Client Site, organizational blockage, technical impossibility emanating from the CMS or hosting, the Client will be responsible towards WEBVERT.

The Client must pay the agreed price even though WEBVERT would be prevented from providing the Services, in whole or in part.

The price of the Services is agreed between the Parties in the Specific Conditions. It is set according to the volume of pages of the Client Site or the number of Services selected for the Client Site, according to the scale below:

Any additional service will be subject to a quote submitted for the Client’s acceptance.

All prices are exclusive of taxes, excluding travel and accommodation expenses, excluding various supplies not specified in the Contract, VAT at the current rate in addition.

The payment of the price of the Services by bank transfer or credit card, regardless of the actual use made of the Services by the Client.

The Client will receive from WEBVERT, upon provision of the decarbonization report, by email, an invoice corresponding to the price of its Contract. Payment of the invoice must be made within thirty (30) days following the invoice date, without discount.

The Client expressly accepts electronic invoicing. WEBVERT’s electronic invoices are sent to the Client in PDF format.

Without prejudice to possible damages, the Client’s failure to pay an invoice on its due date automatically entails:

Each Party may terminate the contract in case of serious or repeated breach by its co-contractor of its essential obligations. It is expressly understood that this resolution will take place automatically 30 days after the first presentation of a notice to perform, which has remained, in whole or in part, without effect. The notice may be notified by registered letter with request for acknowledgment of receipt or any extrajudicial act. This notice must mention the intention to apply this clause. WEBVERT will cease to use any access code to the Client Site.

Any termination for convenience by the Client before the contractual term will result in the payment of the indemnity provided for in article 4 "duration".

The Personal Data collected during the conclusion of the Contract and subsequently are subject to computerized processing.

In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, and the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, it is reminded that the nominative data requested from the Client (mainly their name, first name, postal address, and email) are necessary for the processing of their request, the establishment of the Contract and invoices, in particular. If this mandatory information is not provided, WEBVERT will not be able to respond to the Client’s requests.

This data may be communicated to WEBVERT’s potential partners responsible for the execution, processing, management, and payment of the Services.

This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations. The processing of the information provided through the Site complies with legal requirements for the protection of Personal Data, with the information system used ensuring optimal protection of this data.

Within the aforementioned limits, the Client has the right to access, rectify, object to, erase, and port all of their Personal Data. To exercise these rights, the Client can either send an email to contact@lewebvert.fr or send a letter to the address: WEBVERT 162 allée du manoir – 76160 PREAUX (France), indicating their name, first name, email, address, and if possible their client reference. In accordance with current regulations, the Client’s request must be signed and accompanied by a copy of an identity document bearing their signature and specify the address to which the response should be sent.

In the context of the Contract, WEBVERT may have access to information constituting Personal Data and acknowledges acting as a "processor" within the meaning of the GDPR. The Client remains the "Data Controller" within the meaning of the GDPR and acknowledges assuming the responsibilities.

WEBVERT undertakes towards the Client to maintain the most transparent relationship possible. As a processor, WEBVERT undertakes to:

The Parties agree that any communication between them will be made electronically, either through the Site or through the address: contact@lewebvert.fr. Any notification, information, invoice or alert from WEBVERT will be sent to the email address provided on the Client’s account. In case of a change in the contact person or their email address, the Client must inform WEBVERT immediately. Otherwise, WEBVERT cannot be held responsible for the Client’s failure to receive emails sent by them.

The fact that a Party does not invoke any provision of the Contract at a given time cannot be interpreted as a waiver of the right to invoke any of these conditions later.

WEBVERT’s liability cannot be engaged beyond a conventional limitation period of 2 (two) years from the occurrence of the proven damage exclusively attributable to it.

The possible cancellation of one of the clauses or paragraphs in these CGPS or in other contractual documents, notably by a court decision, shall not affect the other provisions, which shall continue to have full and entire effect. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulations.

In the event of a translation of these CGPS and the Contract, only the French version shall prevail between the Parties, which the Client expressly acknowledges and accepts, regardless of their nationality.

The Parties acknowledge that the Contract and all its appendices and/or amendments, if any, as well as all other terms and conditions incorporated by reference herein, constitute the entire agreement between them relating to the subject matter of the contract and supersede all prior commitments, verbal and/or written, between the Parties relating to the subject matter hereof.

The Contract is governed by French law, to the exclusion of any other legislation, with the provisions of Articles 1220 to 1223 of the French Civil Code being excluded.

In order to find a solution together to any dispute arising in the performance of the Contract, the Parties agree to meet within 15 days from the receipt of a registered letter with acknowledgment of receipt notified by one of the two Parties. If, at the end of a further period of fifteen days, the Parties fail to reach an agreement on a compromise or solution, the dispute shall then be submitted to the competent courts of Rouen. V. 30.04.2024