Information
Terms of sale
These terms of sale govern the services that Mawunyegan Ablam Patrice GADEGBE, sole trader working under the brand Cofinger (SIRET 983 715 608 00011), provides to his business clients: design and development of custom applications, sites and products, audit, maintenance and hosting. They apply to every order and complement the quote, which prevails where it provides otherwise.
This English version is given for convenience; the French version prevails.
Quote and order
Each service is the subject of a free quote, which describes its scope, what lies outside it, its schedule and its price, and which remains valid for one month from its issue. The order is formed by the acceptance of the quote, signed or approved in writing, email included. Any change of scope during the project is the subject of an additional quote.
Prices
Prices are in euros. VAT not applicable, article 293 B of the French tax code. The indicative prices published on this site are indicative only, the quote alone binding Cofinger. Third-party services the project needs, such as publishing accounts on the app stores, domain names or payment services, are taken out in the client’s name and remain at the client’s expense.
Invoicing and payment
Building an application, a site or a product is invoiced at a fixed price, in stages, following the schedule of the quote, which may provide for a deposit with the order. Maintenance and hosting are invoiced monthly. Invoices are payable by bank transfer within thirty days of their date of issue, unless the quote sets another term, and no discount is granted for early payment.
Late payment
Any late payment automatically entails, from the day after the due date, penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten points, as well as a fixed indemnity of 40 euros for collection costs, under articles L441-10 and D441-5 of the French commercial code. When a written reminder remains without effect for fifteen days, Cofinger may moreover suspend the work and services in progress until the sums due are paid.
Course of the project and acceptance
Each stage ends with a version the client can try. The client has fifteen days from its delivery to report in writing any departures from the quote, which are then corrected at no extra charge. After that period, the stage is deemed accepted.
The client provides in good time the information, content, access and approvals the project needs, and warrants holding the rights to the texts, images and trademarks it supplies. A delay on its side shifts the planned schedule accordingly.
Ownership of the code and content
Upon full payment of each stage, the client becomes the holder of the exploitation rights to the developments made specifically for it during that stage, namely the rights of reproduction, representation, adaptation and modification, worldwide and for the whole term of protection of these rights. The source code is handed over in a repository in the client’s name.
The tools, methods and generic components that Cofinger owned before the project, or develops independently of it, remain its property, and the client receives a free licence to use them without time limit, restricted to the operation of the project. Open-source components included in the project remain under their own licence.
Maintenance and hosting
Maintenance and hosting contracts are entered into for one month, tacitly renewed, and either party may end them at any time with one month’s notice. The volume of work included each month is set in the contract, and work beyond it is the subject of a quote. At the end of the contract, Cofinger hands over to the client the data, code and access it holds on the client’s behalf.
Liability
Cofinger is bound by an obligation of means. Its liability may be incurred only for proven fault, and it is limited, all damages combined, to the amount actually paid by the client for the service concerned over the last twelve months. It covers neither indirect damage, such as loss of revenue, customers or data, nor the consequences of a third party’s intervention or of the failure of a third-party service, whether an app store, a host or a payment service.
Confidentiality and personal data
Each party keeps confidential the information of the other that it learns during the project and uses it only to carry the project out, for its whole duration and two years after its end. Cofinger names the client or presents the project as a reference only with the client’s agreement.
When the service leads Cofinger to process personal data on the client’s behalf, Cofinger acts as a processor within the meaning of article 28 of the General Data Protection Regulation: it processes this data only on the client’s instructions, ensures its security, then returns or deletes it at the end of the service, as the client chooses.
Governing law and disputes
These terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution, and only failing that is the dispute brought before the competent courts of the place of business of Cofinger.