
SALES Terms and Conditions
Article 1: General Provisions
These General Terms and Conditions of Service (hereinafter referred to as the "GTC") constitute the agreement governing, for its duration, the relationship between the consultants of DIX.0 (hereinafter referred to as the "Service Provider") and its clients, within the context of the provision of consulting and Digital Transformation services. In the absence of a contract concluded between the Service Provider and the client, the services provided are subject to the GTC described below. Any order placed, as well as any contract concluded with one of DIX.0’s consultants, implies the client’s full and unconditional acceptance of these GTC. The fact that the Service Provider does not enforce any clause established in their favor in these terms cannot be interpreted as a waiver of the right to do so.
Article 2: Nature of Services
DIX.0 consultants support companies in their digital transformation by providing consulting and technological development services. They study and analyze with the client their needs and opportunities in the following areas: digital strategy, development of technological solutions, data management, human resources, and information technologies. Intellectual property rights over the deliverables produced as part of the ordered services remain with DIX.0; the client acquires only the right of use.
However, DIX.0 may, in certain cases, transfer all or part of its rights over the aforementioned works to the client: rights of reproduction, representation, marketing, possession, adaptation, translation, and more generally, all exploitation rights. Such a transfer must be the subject of a written agreement between the parties.
Article 3: Quote and Order
The Service Provider acts upon the client’s agreement. A contract is drawn up for each service. The quote sent by the Service Provider to the client specifies:
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The nature of the service
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The price excluding VAT
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Payment terms
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A schedule detailing the actions and obligations of both the client and the Service Provider, as well as deadlines
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A reminder of the client’s full and unconditional acceptance of the GTC
To confirm their order firmly and definitively, the client must return this contract in two copies without any erasure or amendment, either by post duly signed and dated with the mention "Agreed" by the legally authorized person, or by email with explicit consent. A business stamp will be affixed below the signature.
The order will only be validated upon return of the signed contract, along with any requested deposit payment. In the absence of client approval and deposit, or upon expiration of the quote, the proposal is considered void, and the Service Provider reserves the right not to begin service. Order validation implies full and unconditional acceptance of these GTC.
Article 4: Prices
Service prices are detailed in the quotes or contracts accepted by the client. Prices are expressed in euros and subject to VAT. Prices may be calculated on a flat-rate, hourly, recruitment, or daily basis. The parties agree that full payment by the client constitutes final receipt and acceptance of the services. Under no circumstances can the price be renegotiated after service completion. Any travel expenses incurred by the Service Provider, agreed upon with the client, are not included in the price and will be billed additionally.
Article 5: Payment Terms
Deposit and balance invoices are payable upon receipt. Payment is made by check or bank transfer. No discount will be granted for early payment. If no payment deadline is specified on the invoices, LME provides the following conditions:
Payments between professionals are capped by article L441-6 of the French Commercial Code: "Unless otherwise stipulated in the terms of sale or agreed between the parties, payment is due no later than the thirtieth day following the date of receipt of goods or completion of the requested service."
"The period agreed between the parties for payment cannot exceed 30 days from the end of the month in which the invoice is issued."
Article 6: Late Payment
Any delay or non-payment will automatically result in:
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Immediate payment of all amounts due
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Calculation and payment of a late penalty in the form of interest at a rate equal to three times the legal interest rate. This penalty is calculated on the net amount due and runs from the day after the invoice due date until full payment, without the need for any reminder or formal notice
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The right for the Service Provider to suspend current services and postpone any new order or service
Article 7: Duration and Termination
The duration of services is defined in the quote or contract. Either party may immediately terminate the contract in the event of cessation of activity, insolvency, court-ordered reorganization, liquidation, or any situation having similar effects, after sending a formal notice to the judicial administrator (or liquidator) which remains unanswered for over a month, in accordance with applicable laws.
Upon the contract’s expiration or termination:
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The service contract will automatically end on the relevant date
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Upon termination or cessation of services, the Service Provider is released from its obligations
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The Service Provider undertakes to return all documents or information provided by the client within thirty (30) business days following the termination or expiration of the contract
In case of termination by the client, sums corresponding to the services rendered up to the effective termination date and not yet paid will be due by the client. Additionally, 50% of the sums remaining due for non-performed but already engaged services will be due by the client if the termination is at the client’s initiative.
Article 8: Force Majeure
Neither party shall be considered in breach of its obligations, nor liable, if such obligations are affected, temporarily or permanently, by a force majeure event. "Force majeure" means any external, unforeseeable, and irresistible event as defined by Article 1148 of the French Civil Code, beyond the control of the parties, including (but not limited to): natural disasters, government restrictions, social unrest, riots, wars, malicious acts, accidents at the Service Provider’s premises, electricity outages over two (2) days, hardware failures, long-term absence (accident or illness).
Within five (5) business days of such an event, the defaulting party must notify the other party by registered letter with acknowledgment of receipt and provide proof. The defaulting party will use all reasonable efforts to eliminate the cause of delay and resume performance as soon as possible. However, if force majeure lasts beyond fifteen (15) business days from notification, either party may terminate the agreement without compensation. Such termination takes effect upon receipt of the termination letter by registered mail with acknowledgment of receipt. If the agreement is terminated by the client due to force majeure, the client must pay all amounts due up to the termination date.
Article 9: Obligations and Confidentiality
The Service Provider undertakes to:
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Maintain the strictest confidentiality regarding information provided by the client
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Not disclose any information about the services provided to its clients
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Return all documents provided by the client at the end of the assignment
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Sign a confidentiality agreement if requested by the client
Contract clauses signed between the parties are deemed confidential and cannot be disclosed to unauthorized third parties.
The client undertakes to:
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Respect dates and times for meetings necessary for the proper execution of the agreed services; any missed appointment not canceled at least forty-eight (48) hours in advance remains due
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Make every effort to reschedule actions canceled within the required notice period
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Pay any invoice due within 30 days of receipt
Article 10: Liability
Given the nature of the services, the Service Provider’s obligation is one of means. The Service Provider undertakes to perform services to the best of their ability and in accordance with professional standards, terms, and applicable legal and regulatory provisions. The client undertakes to provide the Service Provider, within agreed deadlines, all information and documents necessary for successful service completion.
The Service Provider cannot be held liable for:
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Errors resulting from missing or incorrect information provided by the client
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Delays caused by the client preventing compliance with deadlines
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The absence of results from solutions implemented in the context of the company’s digital transformation
If liability is established, it shall be limited to half the total amount (excluding tax) actually paid by the client for the service at the date of the written complaint sent by registered letter with acknowledgment of receipt. Each party is liable to the other for any breach of its obligations.
Article 11: Personal Data Protection
The European Regulation 2016/679 of 27 April 2016 (GDPR) effective from 25 May 2018 provides a new framework for personal data protection. In particular, Article 28 specifies that the data controller and processor must provide in the contract a certain number of mandatory provisions on personal data processing, reflected herein.
11.1 Description of Processing
DIX.0 collects and processes personal data, including: name, surname, email address, address, telephone number, date of birth, photograph, names of clients or prospects, identifiers, IP address, and other relevant information. DIX.0 may also process such data to offer clients and prospects commercial offers. DIX.0 cannot be held liable in case of regulatory breaches. Data subjects include: the client, client employees, client’s clients, prospects, suppliers, etc.
11.2 Obligations of the Parties: General
The parties acknowledge that DIX.0, in order to fulfill its obligations under these GTC, will have access to and process personal data. The client acknowledges that the resources implemented by DIX.0 in this context constitute sufficient safeguards of compliance with the regulations. DIX.0 undertakes to process the personal data referred to in Article 11.1 exclusively for the purposes and under the conditions agreed in these GTC, in order to provide the services and fulfill its obligations under these GTC. As data controller, the client is responsible for complying with its own legal and regulatory obligations regarding personal data processing. The client undertakes to comply at all times with applicable laws and regulations in this area.
DIX.0 is limited to following the client’s documented instructions regarding processing, except to alert the client if instructions are not compliant. The realization of the services under these GTC constitutes the client’s documented instructions. Any undocumented or non-compliant instruction is not binding on DIX.0. DIX.0 will immediately inform the client if, in its view, an instruction violates the GDPR or other relevant law. DIX.0 is not responsible for decisions taken by the client as data controller, and these GTC do not constitute legal advice. The client must promptly inform DIX.0 if any change in services requested may affect DIX.0’s regulatory status.
Article 12: Disputes
These GTC and any contract signed between the parties are governed by French law. In the absence of amicable settlement, any persistent dispute regarding the execution or interpretation of the GTC and the contract will fall under the jurisdiction chosen by DIX.0.