Delivery and performance policy

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

This policy sets out how services and products are performed and delivered. It supplements the terms and conditions, of which it forms part, and covers both offerings: bespoke services quoted individually, and fixed-price shop products.

All supplies are intangible services and digital content delivered remotely: no physical goods are shipped and no delivery charge is applied.

2. Bespoke services: times

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

The time stated in the accepted quotation is the binding one, as required by Article L111-1 of the French Consumer Code where the Client is a consumer.

3. When the time starts

As no payment is required before delivery, the period starts on the later of two dates: the date the quotation is accepted in writing, or the date all access credentials, identifiers, interface keys and test data are effectively made available. That date is confirmed in writing to the Client as soon as it is reached.

4. Splitting into lots

No engagement exceeds seven days. Where a requirement cannot be met within that window, it is split into successive lots, each self-contained and usable as delivered, each with its own quotation, its own delivery and its own invoice. The Client is never committed beyond the lot in progress.

5. Suspension

The period is suspended by operation of law in the following cases:

• for as long as an access credential, identifier or item requested from the Client remains outstanding, after a written reminder;
• during the unavailability of a third-party system essential to performance;
• while a request outside the agreed scope is being assessed;
• in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

The length of the suspension is notified to the Client in writing, and the period resumes once its cause is removed.

6. Delivery of bespoke services

Delivery consists of putting the configuration into service on the Client's environment, together with the handover of the operating and recovery documentation, the list of third-party components used and their licences, and the arrangements for consulting the execution log and alerts.

7. Acceptance

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.

8. Late performance

Where delivery is late for reasons not attributable to the Client and not covered by a suspension, the Supplier informs the Client as soon as it becomes aware and proposes a new date.

Under Articles L216-2 and L216-6 of the French Consumer Code, a consumer Client may, if the service is not performed on the agreed date, require the Supplier to perform within a reasonable additional period; failing that, the consumer may terminate the contract in writing on a durable medium.

9. Shop products

Products marked "instant download" are made available as soon as payment is confirmed. The others are configured on the Client's environment; their period starts on receipt of the access credentials required, not on the order.

Unlike bespoke services, these products are paid for at the time of order. This is the only exception to the rule that nothing is paid before delivery, and it is justified by the fact that the product exists before the order is placed.

10. Payment and delivery

For bespoke services, the invoice is issued after delivery, never before. It is payable within fourteen days. No deposit, advance or direct debit is requested at any stage.

In return, rights in the bespoke developments transfer to the Client only when the invoice is paid in full, in accordance with Article 7 of the terms and conditions.