Terms and conditions

Publisher

Jakub Curij — Entrepreneur individuel

Legal form

Entrepreneur individuel

Registered office

12 rue Royale, 75008 Paris, France

SIREN

109 047 886

SIRET

109 047 886 00014

APE code

6201Z — Programmation informatique

Registration

Registered with the French National Business Register (RNE)

VAT

TVA non applicable, article 293 B du CGI

Email

contact@jakubcurij.fr

Telephone

+33 6 71 88 99 47

1. Purpose and scope

These terms govern the services and products supplied by Jakub Curij — Entrepreneur individuel (the "Supplier") to its client (the "Client").

They apply to every order, to the exclusion of any purchasing conditions of the Client, unless otherwise agreed in writing. Placing an order constitutes unreserved acceptance of these terms.

Two regimes coexist and must not be confused:

• Bespoke services are quoted in writing. They are delivered first and invoiced afterwards, payable within fourteen days; no deposit is taken. Articles 2 to 12 apply to them.
• Shop products exist before the order and are not developed for the Client. They are paid for at the time of order. Article 14 is specific to them and prevails, for those products, over any contrary provision of these terms.

Article 15 contains the provisions applicable to consumer Clients only, within the meaning of the introductory article of the French Consumer Code. Where they conflict with the rest of these terms, they prevail.

2. Quotation and formation of the contract

Every bespoke service is the subject of a written, free quotation setting out the scope, the price and the delivery time. The quotation is valid for thirty days.

The contract is formed on the date the Supplier receives the quotation accepted in writing; acceptance by email counts as writing. Any request outside the scope described in the quotation is the subject of a further quotation and may push back the delivery date.

3. Prices

Prices are expressed in Swedish kronor, or in euros where the euro is selected. TVA non applicable, article 293 B du CGI.

Unless the quotation states otherwise, the price covers development, testing, commissioning and documentation of the configuration delivered. It does not cover subscriptions, licences or access fees for the third-party services the flow depends on, which remain the Client's responsibility.

4. Performance and delivery times

Indicative delivery times by type of service are as follows:

No engagement exceeds seven days. Larger work is split into self-contained lots.

These times start once the Supplier has received all access credentials, identifiers and materials needed. They are suspended for as long as anything requested from the Client is outstanding, and resume on receipt.

No engagement exceeds seven days. A larger requirement is split into successive lots, each self-contained and usable as delivered, each with its own quotation and its own delivery time; the Client is never committed beyond the lot in progress.

5. Client obligations

The Client provides, in good time, the access credentials, identifiers, interface keys, test data, technical documentation and points of contact required.

The Client warrants that it holds the rights of access to the systems concerned and is entitled to authorise the Supplier's intervention, and that it holds the necessary rights over the data transferred. The Client remains responsible for backing up its data and systems before any intervention.

6. Payment for bespoke services

This article governs bespoke services. Payment for shop products is governed by Article 14.

For bespoke services, no deposit is requested and no amount is payable before delivery. The invoice is issued after the service has been commissioned and is payable within fourteen days of issue.

Accepted payment methods are SEPA bank transfer and a secure payment link issued with the invoice, operated by an authorised payment services provider. No card data is entered on this site or retained by the Supplier. Depending on the Client's country of establishment, local payment methods may be offered and are then stated in the quotation.

Between businesses, late payment automatically incurs interest at the rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, together with a fixed recovery indemnity of EUR 40, under Article L441-10 of the French Commercial Code.

7. Intellectual property in deliverables

Economic rights in bespoke developments produced for the Client are assigned to it for the legal term of protection and worldwide, on the date the price is paid in full. Until then the Client holds a mere right of use, revocable in the event of non-payment.

The Supplier retains ownership of its tools, libraries and generic components, whether pre-existing or developed in the course of the engagement, and grants the Client a non-exclusive, free, transferable and perpetual licence to use them for the purposes of operating the deliverable. Third-party components remain subject to their own licences.

8. Acceptance, warranty and maintenance

The Client has fifteen days from commissioning to report in writing any deviation from the scope set out in the quotation. Recognised defects are corrected free of charge. After that period the delivery is deemed accepted without reservation.

The following are not defects: changes requested outside the agreed scope; malfunctions caused by a change made by the Client or a third party; a change of interface, version or pricing of third-party software; the interruption or closure of a third-party service; the introduction of data that does not match the agreed format.

Corrective maintenance beyond the warranty period, evolutive maintenance and adaptation to changes in third-party systems are the subject of a separate contract. No tacit renewal applies.

9. Liability

The Supplier owes an obligation of means. Between businesses, liability is capped at the amount actually paid, excluding tax, for the service concerned, and excludes indirect loss, in particular loss of data, turnover, customers or business, and reputational harm. These limits do not apply in the event of gross or wilful misconduct, nor to a consumer Client.

10. Confidentiality

Each party undertakes not to disclose the other's confidential information and to use it only for the purposes of the contract. This obligation survives for five years after the contract ends. Credentials and interface keys entrusted to the Supplier are held in an encrypted secrets manager and deleted at the end of the engagement.

11. Personal data

The processing of the Client's data by the Supplier for the management of the contractual relationship is described in the privacy policy.

Where performance leads the Supplier to process personal data on the Client's behalf, the Supplier acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679. The parties then conclude, before any processing, a data processing agreement covering the subject matter, duration, nature and purposes of the processing, the categories of data and data subjects, the technical and organisational security measures, any use of a sub-processor, and the fate of the data at the end of the contract.

12. Force majeure, termination and governing law

Neither party is liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment is permanent, the contract is terminated by operation of law and services already performed remain payable.

In the event of a serious breach not remedied within thirty days of a written formal notice, the other party may terminate the contract. Services performed at the date of termination remain payable, in accordance with the refund and cancellation policy.

These terms are governed by French law. Failing amicable resolution, any dispute between businesses falls within the exclusive jurisdiction of the courts having jurisdiction over the Supplier's registered office.

Any complaint is to be made in writing, by email to contact@jakubcurij.fr or by post to Jakub Curij — Entrepreneur individuel, 12 rue Royale, 75008 Paris, France.

The Supplier acknowledges receipt of any complaint within five working days and provides a reasoned reply within thirty days.

13. Language

These terms are published in English and in French. The French version is the authoritative text: where the two diverge, the French wording prevails. This does not deprive a consumer of the protection afforded by the mandatory rules of his or her country of habitual residence.

14. Provisions specific to the online shop

14.1 Purpose

This article governs the sale of the products offered in the Supplier's online shop. These are digital content and standardised services that exist before the order and are not developed specifically for the Client.

They differ from bespoke services in three respects: their price is fixed and displayed, they are paid for at the time of order, and their scope is the one described on the product page, to the exclusion of any adaptation not mentioned there.

14.2 Prices and currencies

Prices are displayed inclusive of tax, in the currency selected by the Client. TVA non applicable, article 293 B du CGI.

Two currencies are offered: the Swedish krona (SEK), shown by default, and the euro (EUR). Prices are set separately in each currency and are not the result of any automatic conversion. The amount displayed at the time of order is the amount charged: it does not change between display and payment.

14.3 Order and payment

The order is formed when payment is confirmed. The Client receives a confirmation email restating the order details, the amount, the currency, the delivery arrangements and the consents recorded at checkout.

Payment is made online through an authorised payment services provider. No card data is entered on this site or retained by the Supplier.

14.4 Delivery

Two arrangements coexist, stated on each product page:

• Immediate delivery — three downloadable templates. The file and its instructions are made available as soon as payment is confirmed.
• Delivery within one to three working days — seven fixed-price services, configured on the Client's environment. The period starts on receipt of the access credentials required, not on the order.

No physical goods are shipped and no delivery charge is applied.

14.5 Licence of use

Shop products are not the subject of an assignment of rights. On payment of the price the Supplier grants the Client a non-exclusive, perpetual licence to use them for the needs of its own business, on as many environments as it operates itself.

Resale, making available to third parties and incorporation into a product intended for commercial distribution are excluded. Broader use may be agreed under a separate quotation.

14.6 Warranty

The Supplier warrants that the product delivered matches the description on its product page. Any non-conformity reported within fourteen days of delivery is corrected free of charge; where correction is not possible, the order is refunded in full.

The following are not non-conformities: incompatibility with an environment whose characteristics were not disclosed before the order, a later change to third-party software, or a modification made to the product by the Client.

15. Provisions applicable to consumer Clients

15.1 Pre-contractual information

Under Article L111-1 of the French Consumer Code, the consumer Client receives, before the contract is concluded and in a legible manner, the essential characteristics of the service or product, its price, the date or period of performance, the identity and contact details of the Supplier, and information on statutory guarantees. These appear in the quotation, on the product page and in these terms.

15.2 Right of withdrawal

A consumer Client concluding the contract at a distance has fourteen days from its conclusion to withdraw, without giving reasons and without penalty other than as provided in 15.3, under Article L221-18 of the French Consumer Code.

To exercise this right, the consumer notifies an unambiguous statement to the contact details shown at the top of this page. A withdrawal form is made available; its use is not compulsory.

15.3 Bespoke services: performance before the end of the period

Given the nature of the services, the Supplier begins performance before the fourteen-day period expires only at the express request of the consumer Client, recorded on a durable medium when the quotation is accepted.

Withdrawal during performance. If the consumer withdraws after making that request, he or she remains liable, under Article L221-25 of the French Consumer Code, for an amount proportionate to what has been supplied up to the point the decision was communicated, measured against the total price in the quotation. That amount is calculated on the basis of the time actually spent and the interim deliverables handed over, and is set out in a written statement.

Loss of the right of withdrawal. Under Article L221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised where the service has been fully performed before the end of the fourteen-day period and performance began after the consumer's express request and acknowledgment that the right would be lost once the contract was fully performed. That acknowledgment is obtained separately from acceptance of the quotation.

15.4 Shop products delivered immediately

Three shop products are digital content made available as soon as payment is confirmed. Under Article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised over such content where three conditions are met: performance began after the consumer's express prior consent, the consumer expressly waived the right of withdrawal, and the Supplier provided confirmation of that agreement.

These three conditions are obtained at checkout, through a box separate from acceptance of the terms and never pre-ticked. The box appears only where the basket actually contains a product delivered immediately. The text accepted and its timestamp are stored with the order and repeated in the confirmation email.

Without that separate confirmation the order cannot be completed, and the content is not made available before the fourteen-day period expires.

The seven products delivered within one to three working days are not affected: the right of withdrawal applies to them in full, under 15.3.

15.5 Refunds

Arrangements and time limits are set out in the refund and cancellation policy.

15.6 Statutory guarantees

The consumer Client benefits by operation of law from the guarantees provided by the French Consumer Code and Civil Code, in particular the statutory guarantee of conformity applicable to digital content and services, and the guarantee against hidden defects. Enforcing them is free of charge.

15.7 Complaints and jurisdiction

Any complaint is to be made in writing, by email to contact@jakubcurij.fr or by post to Jakub Curij — Entrepreneur individuel, 12 rue Royale, 75008 Paris, France.

The Supplier acknowledges receipt of any complaint within five working days and provides a reasoned reply within thirty days.

The consumer Client may bring proceedings, at his or her choice, before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he or she was resident when the contract was concluded or when the harmful event occurred.