GENERAL TERMS AND CONDITIONS OF SALE

In force as of January 2023

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter the "GTC") apply, without restriction or reservation, to any restriction or reservation to any purchase of the following services (hereinafter the "Services") :
  • Content writing ;
  • Semantic cocoon writing ;
  • Blogging subscription.
as offered by SKRIBIX to professional clients (hereinafter the "Clients" or the "Customer") on the website Customer") on the website https://skribix.com/ (hereinafter the "Site"). The main characteristics of the Services are presented on the Site. The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. These GTC are accessible at any time on the Site and shall prevail over any other document. Following the exchanges between the parties and the information communicated by SKRIBIX, the Customer declares that he has received all the information he required and has expressed his willingness to contract with SKRIBIX. The Customer declares that he/she has read and accepted these GTC by by checking the box provided for this purpose before completing the online order procedure on the online ordering procedure. Unless proven otherwise, the data recorded in the SKRIBIX s computer system constitute proof of all transactions concluded with the Customer. Customs duties or other local taxes or import duties or state taxes may be payable. may be payable. They are the sole responsibility of the Customer. responsibility of the Customer.

ARTICLE 2: ACCESS TO THE SITE

The site is accessible from any location, 7 days a week, 24 hours a day, except in cases of force majeure, scheduled or unscheduled interruption scheduled or unscheduled and which may result from a need for maintenance. In the event of modification, interruption or suspension of the Services, SKRIBIX cannot be held be held responsible.

ARTICLE 3 - ORDERS

It is up to the Customer to select the Services he/she wishes to order on the Site, according to the following procedures: The Customer chooses a type of text, adds his options and his delivery date. He validates the price, enters his billing details and pays for his order. The sale will only be considered valid after full payment of the price. It is the responsibility of It is the Customer's responsibility to check the accuracy of the order and to immediately report any error. Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and SKRIBIX. SKRIBIX reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer can follow the progress of its order on the Site.

ARTICLE 4 - PRICES

The Services are provided at the rates in force on the Site at the time of registration of the order by SKRIBIX. of the order by SKRIBIX. Prices are expressed in Euros, exclusive of tax and VAT. Prices take into account any discounts that may be granted by SKRIBIX on the Site. the Site. These prices are firm and non-revisable during their period of validity but SKRIBIX reserves the right, outside of the period of validity, to SKRIBIX reserves the right to modify the prices at any time outside of the validity period. Prices do not include processing, shipping, transportation and delivery costs, which are delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by SKRIBIX and given to the Customer upon delivery of the Services ordered.

ARTICLE 5 - PAYMENT CONDITIONS

The price is paid by secure payment, according to the following methods :
  • payment by credit card,
  • payment by Paypal,
  • payment by bank transfer.
The price is payable in cash by the Customer, in full on the day the order is placed. the order. The payment data is exchanged in encrypted mode using the protocol defined by the payment service provider for banking transactions carried out on the Site. Payments made by the Customer shall only be considered final after actual receipt of the amounts due by SKRIBIX. For any late payment, the Customer will automatically owe, as of the day following the due date of the payment and until the date of actual payment of the interest at a rate equal to three (3) times the legal interest rate. The Customer shall also be liable for a fixed indemnity for collection costs of forty (40) euros per invoice, as well as the reimbursement of any collection costs without prejudice to any damages to which SKRIBIX may be entitled. SKRIBIX may claim. In addition, in the event of late payment, SKRIBIX may suspend the provision of the Services until full payment is received, subject to the following conditions services until full payment has been received, subject to prior written notice to the Customer. in writing.

ARTICLE 6 - PROVISION OF SERVICES

The Services ordered by the Customer will be provided as follows: The contents are delivered in HTML format to the Customer's interface. If he has subscribed to the If the Client has subscribed to the integration option, the content will be directly inserted into its CMS for publication. Delivery times are to be defined according to the writer's schedule. The Client can add a desired delivery date. If the Writer is unable to deliver within the deadline, the Client informed of this. The processing of the order shall begin as of the final validation of the the Customer's order, under the conditions set out in these GTC, at the address indicated by the Customer when placing the order on the Site. SKRIBIX undertakes to use its best efforts to provide the Services ordered by the Customer SKRIBIX undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above. However, these deadlines are communicated for information purposes only. If the delivery time is exceeded by one (1) month, the Customer is entitled to cancel the order. order. The sums paid by the Customer will then be refunded to him at the latest within the fourteen (14) days following the date of cancellation of the contract by the Customer by registered letter, to the exclusion of any compensation or deduction. In the event of a specific request from the Client concerning the conditions of supply of the duly accepted in writing by SKRIBIX, the related costs will be subject to a specific additional be subject to specific additional invoicing at a later date. In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, the Services will be deemed to be in conformity with the Services, they will be deemed to be in conformity with the order, in quantity and quality. The Client shall have a period of seven (7) days from the provision of the Services to make claims by email, with all related documents, to SKRIBIX. No claim can be validly accepted in the event of non-compliance with these formalities and formalities and deadlines by the Customer. SKRIBIX will reimburse or rectify, at its option, as soon as possible and at its own expense, the Services for which the lack of conformity has been duly proven in writing by the Customer.

ARTICLE 7 - RIGHT OF WITHDRAWAL

Given the nature of the Services provided, orders placed by the Customer do not do not benefit from the right of withdrawal. The contract is therefore definitively concluded as soon as the Client places the order according to the terms and conditions specified in these GTC.

ARTICLE 8 - RESPONSIBILITY OF SKRIBIX - GUARANTEES

SKRIBIX guarantees, in accordance with legal provisions and without additional payment the Customer against any lack of conformity or latent defect resulting from a defect in the of the Services ordered. In order to assert its rights, the Customer must inform the Service Provider, in writing (email or letter) the existence of the defects or lack of conformity. The Service Provider shall rectify or cause to be rectified (to the extent possible) the Services deemed as soon as possible and no later than seven (7) days following the discovery of the SKRIBIX of the defect or fault. SKRIBIX shall not be held responsible or liable for any delay or failure to perform following the for any delay or non-performance resulting from a case of force majeure. The Parties agree that SKRIBIX's liability, regardless of the basis of liability, can only be incurred for damages caused by the failure of the product to meet the contractual terms, be incurred only for direct damage suffered by the Customer as a result of a contractual fault attributable to SKRIBIX. contractual fault attributable to SKRIBIX and demonstrated by the Customer. Whatever the circumstances, SKRIBIX is not liable for:
    indirect damages ;
  • loss of turnover, profits or expected savings, loss of data or costs of implementing
  • loss of turnover, profits or expected savings, loss of data or costs of implementing alternative technologies or services even if SKRIBIX has been made aware of the possibility of such damages damage;
  • damage caused by any breach of the Customer's GTC or the fact that SKRIBIX has been informed of the possibility of such damage
  • damage caused by a breach of the Customer's GTC or by a third party;
  • damage caused by defects in the hardware and/or software and/or networks and/or any other elements and/or networks and/or any other elements used by the Client;
  • any service performed by the Customer or by a third party;
  • the use of the Services by the Customer or the consequences of such use;
  • the content of the information transmitted by the Customer, for whatever reason.
The Parties agree that in any event, the liability of SKRIBIX, all causes of all causes, all events, is limited to the amount of invoices paid by the Customer during the invoices paid by the Customer during the year preceding the occurrence of the first event giving rise to of liability or during the current year in the case of a first year of billing. invoicing. The Services provided through the Site comply with the regulations in force in France. in force in France. The Service Provider shall not be liable for any failure to comply with respect of the legislation of the country in which the Services are provided, which it is It is up to the Customer, who is solely responsible for the choice of the Services requested, to check.

ARTICLE 9 - OBLIGATION TO COOPERATE

The Parties agree to cooperate throughout the duration of the GTC. Therefore, each of the Parties undertakes in particular to:
  • be actively involved in the performance of their obligations under the GTC;
  • exchange information spontaneously in the event of difficulties related to the performance of their obligations under the GTC;
  • request from the other Party all information and documents that are necessary for the performance of the GTC;
  • to transmit to the other Party the information that the latter requests as soon as possible.
In addition, the Customer undertakes to be responsive and to collaborate effectively with SKRIBIX in the context of the implementation of the GTC and in particular to:
  • provide all the necessary means to enable SKRIBIX to fulfil its obligations obligations by SKRIBIX ;
  • refrain from any behaviour detrimental to SKRIBIX;
  • alert SKRIBIX without delay in the event of difficulties and propose solutions to SKRIBIX within the best to SKRIBIX as soon as possible.

ARTICLE 10 - PERSONAL DATA

The Customer is informed that the collection of personal data is necessary for the sale of the Services and their implementation and delivery, entrusted to SKRIBIX. This personal data is This personal data is collected solely for the execution of the order.
10.1 Collection of personal data
The personal data collected on the Site is as follows :
  • Account opening: When creating the Customer/user account: Names, first names, postal address, telephone number and e-mail address.
  • Payment: In the context of the payment of the Services offered on the site https://skribix.com, the latter records financial data relating to the bank account or credit card account or credit card of the Customer/user.
10.2 Recipients of personal data
Personal data is reserved for the sole use of SKRIBIX and its employees.
10.3 Limitation of processing
Unless the Customer expressly agrees, personal data is not used for used for advertising or marketing purposes.
10.4 Data retention period
SKRIBIX will keep the data collected for a period of five (5) years after the last order, covering the time of the the last order, covering the period of limitation of the applicable contractual civil liability. applicable contractual civil liability.
10.5 Security and confidentiality
SKRIBIX implements organizational, technical, software and physical measures security measures to protect personal data against alteration, destruction and non alteration, destruction and unauthorized access. However, it should be noted that the Internet is environment and SKRIBIX cannot guarantee the security of the transmission or SKRIBIX cannot guarantee the security of the transmission or storage of information on the Internet
10.6 Enforcement of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the Site have the right to Customers and users of the Site have the following rights:
  • They may update or delete the data concerning them or their account by writing to account by writing to the following email address: [email protected]
  • They can exercise their right to access their personal data by writing to the following email address: [email protected]
  • If the personal data held by SKRIBIX is inaccurate, they may request that the information be updated may request that the information be updated by writing to the email address: [email protected]
  • They may also request the portability of data held by SKRIBIX to another service provider by writing to the following email address: [email protected]
  • Finally, they may object to the processing of their data by SKRIBIX.
These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the following address [email protected]. SKRIBIX will provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, SKRIBIX will give reasons for its response. The Customer may be asked to tick a box under which he/she agrees to receive informative and from SKRIBIX. The Customer will always have the option of withdraw their consent at any time by contacting SKRIBIX in writing or by following the unsubscribe.

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the Site is the property of SKRIBIX and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. With respect to the Services, SKRIBIX declares that it has all the necessary rights to perform its contractual obligations and grants the Customer a right to use the results of the Services. SKRIBIX retains all rights to the methodologies and methods of analysis, know-how and experience acquired prior to or during the Services. In the event that it is not the owner, SKRIBIX is responsible for obtaining any rights to use and exploit the Services and the results. SKRIBIX will therefore be responsible for any royalties, indemnities or payments that it may be required to pay in respect of intellectual property for the system belonging to it or to third parties and used by it to perform the Services.

ARTICLE 12 : FORCE MAJEURE

The Parties shall not be liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from a cause that may be interpreted by a French court as a Force Majeure (i.e. an "Event of Force Majeure"). In addition, the Parties agree that an Event of Force Majeure shall include, in particular, the following events: attacks, acts or omissions of a public authority, unrest, rebellions, insurrections, riots, acts of terrorism, pandemics, wars, whether declared or not, acts of a similar nature, natural disasters. The Party whose performance of its obligations is prevented by an Event of Force Majeure shall be relieved of its obligations for as long as the latter persists and shall continue to take reasonable steps to resume performance of its obligations. It shall immediately inform the other Party by any means and shall describe in sufficient detail the circumstances which gave rise to the Force Majeure. If an event of Force Majeure prevents, disrupts or delays the performance of SKRIBIX for more than thirty (30) consecutive days, either Party may, at any time, terminate the Agreement by sending the other Party a written notice of termination, without compensation for either Party. In this case, the Customer must pay SKRIBIX the outstanding amounts. The Parties will endeavour, as far as possible, to mitigate the effects of Force Majeure.

ARTICLE 13: ASSIGNMENT

The Parties agree not to assign or transfer for any reason whatsoever all or part of the rights or obligations resulting from this Agreement unless prior written agreement is given by means of an amendment. As an exception to the foregoing, SKRIBIX may assign this Agreement to any legal entity continuing the business of SKRIBIX in the event of a merger, acquisition, or sale of all or a substantial portion of the assets of SKRIBIX.

ARTICLE 14 - ECONOMIC BALANCE OF THE CONTRACT

In the event that one or more events beyond the control of the Party affected by the imbalance imbalance occur and affect the conditions of performance of the Contract, in particular by the cost of all or part of the provision of the Solution (hereinafter the "Modification of the the "Modification of the Contractual Balance"), the Parties shall then meet to adjust the adjust in good faith and by mutual agreement the financial and/or technical terms and conditions in such a way as to to fairly reflect the real effect of these events on the Contract. If no agreement is reached on these new conditions, the Party suffering the imbalance may terminate, as of right, all or part of the Contract without penalty or other financial compensation financial compensation at its expense. This termination shall take place within three (3) months of the sending by the requesting Party of a registered letter with acknowledgement of receipt informing the other Party of the wish to terminate all or part of the Contract due to a Modification of the Balance of the Contract.

ARTICLE 15 - SUBCONTRACTING

The Customer acknowledges that SKRIBIX is free to subcontract part of the Services to third parties.

ARTICLE 16 - APPLICABLE LAW - LANGUAGE

These GTC and the operations arising therefrom are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of dispute.

ARTICLE 17 - DISPUTES

For any claim, the Customer must contact customer service at the postal or e-mail address of SKRIBIX email address indicated in the legal notice of the Site. The Customer is informed that he/she may, in any event, resort to conventional mediation mediation, with existing sectoral mediation bodies or any alternative dispute resolution method dispute (conciliation, for example) in the event of a dispute. The Customer is also informed that he/she may also have recourse to the Online platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes arising from orders concluded in application of these GTC and which have not been have not been amicably resolved between SKRIBIX and the Customer or by mediation, will be submitted to the competent courts under the conditions of common law.