Personal Data Protection
7 GOLD AGENCYSAS with a capital of 1,000€ Résidence Les Floribondas, 6 Impasse des Floribondas, 06150 Cannes SIRET: 919 812 677 00012 — RCS Cannes
Intra-community VAT: FR85919812677Training activity declaration number: 93061127006
www.sevengoldagency.com — www.sevengoldschool.com
Article 1 — Purpose and scope
These General Terms and Conditions of Sale (hereinafter “CGV”) apply to all the services offered by the company 7 GOLD AGENCY (hereinafter “the Service Provider”) to its professional and individual customers (hereinafter “the Customer”), namely: Digital marketing services: digital marketing services: natural referencing (SEO), social media management, social network management, online advertising (SEA, Social Ads), content creation, digital strategy advice; Digital marketing services: digital marketing services: natural referencing (SEO), social network management, social media management, online advertising (SEA, Social Ads), content creation, digital strategy advice; Digital marketing services: digital marketing services: natural referencing (SEO), social network management, social media management, online advertising (SEA, Social Ads), content creation, digital strategy advice; Digital marketing services: digital marketing services: natural referencing (SEO), social network management, social media management, available to websites as part of a monthly subscription with commitment; professional training services provided under the Seven Gold School brand. Any order or registration implies the unreserved acceptance of these Terms and Conditions by the Customer, who acknowledges having read them beforehand.
The General Terms and Conditions prevail over any other document of the Customer, unless an express written exemption is accepted by the Service Provider.
Article 2 — Identification of the Service Provider
Social name: 7 GOLD AGENCY
Legal form: Simplified Joint Stock Company (SAS)
Share capital: €1,000
Head office: Residence Les Floribondas, 6 Impasse des Floribondas, 06150 Cannes
SIRET: 919 812 677 00012
RCS: Cannes
Intra-community VAT: FR85919812677
President: Mr Naïm GHEZALI
Training activity declaration number: 93061127006 (from the Prefect of the Provence-Alpes-Côte d'Azur region)
Web sites: www.sevengoldagency.com —
www.sevengoldschool.com
Article 3 - Quotation and order
3.1 — Quotation
All services are subject to a detailed prior estimate, drawn up free of charge by the Service Provider. The estimate specifies the nature, scope, estimated schedule and price of the services. The estimate is valid for thirty (30) days from its date of issue, unless otherwise stated.
3.2 — Acceptance of the order The order is deemed to have been accepted as soon as the quotation is signed by the Customer accompanied, where applicable, by the payment of the expected deposit. Any order accepted is firm and final.
Article 4 — Prices
4.1 — Pricing
Prices are expressed in euros excluding taxes (HT). The applicable VAT is added at the rate in force on the day of invoicing. The rates are those appearing on the quotation accepted by the Client.Depending on the nature of the service, invoicing may be effected: At a fixed price, for a deliverable or a defined project; In monthly subscription, in particular for the website offer; In management, on the basis of an agreed daily or hourly rate.
4.2 — Price revision
The Service Provider reserves the right to change its rates at any time. Ongoing services remain subject to the prices agreed upon acceptance of the quotation. For current subscriptions, any price change will be notified to the Customer with a notice of thirty (30) days before it comes into force.
Article 5 — Payment terms
5.1 — Terms and conditions
Unless otherwise provided for in the quotation, the terms of payment are as follows: A deposit of fifty percent (50%) of the total amount excluding VAT is due upon signature of the estimate; The balance is payable upon delivery of the service or upon receipt of the balance invoice.For subscriptions (website offer), payment is due monthly, in advance, on the anniversary date of the subscription.
5.2 — Payment methods
Payments can be made by bank transfer, bank card or SEPA direct debit, according to the terms agreed between the parties.
5.3 — Late payment
In the event of late payment, and after an unsuccessful formal notice, the Customer will be liable for: late payment penalties calculated at the rate of three (3) times the legal interest rate in force, applied to the amount including tax of the remaining amount due, from the due date, from the due date; A fixed compensation for recovery costs of forty (40) euros, in accordance with article D.441-5 of the Commercial Code; Service provider reserves the right to suspend the performance of current services until full payment of the amounts due.
Article 6 — Website offer with subscription
6.1 — Description
The Service Provider offers a website creation offer with a monthly subscription including hosting, domain name and basic maintenance. The subscription price starts at ninety-nine euros excluding taxes (99€ HT) per month. The exact price is specified in the quotation.
6.2 — Commitment period
The subscription is taken out for a minimum period of twelve (12) months from the date the site is put online. At the end of this period, the subscription is tacitly renewed for successive periods of one (1) month, which can be cancelled with one (1) month's notice.
6.3 — Ownership of the site
At the end of the commitment period of twelve (12) months and subject to full payment of all amounts due, the Customer becomes full owner of the website (source code, content, graphic elements created specifically for the Customer). The Service Provider undertakes to provide all the necessary files and access within a period of fifteen (15) days following the Customer's request.
6.4 — Early termination
Each of the parties may cancel the subscription early, subject to a notice of one (1) month notified by registered letter with acknowledgement of receipt or by e-mail with confirmation of receipt, in the following cases: Serious breach by one of the parties in its contractual obligations, not remedied within a period of fifteen (15) days following a formal notice; Non-payment of an invoice or a supplement, despite a formal notice that was not paid successful for fifteen (15) days; Conflict between the parties making it impossible to continue collaboration under normal conditions; Case of force majeure as defined in article 1218 of the Civil Code, extending beyond thirty (30) days.
In the event of early termination by the Customer, except in the cases mentioned above, the monthly payments remaining due until the end of the commitment period remain payable as cancellation compensation.
Article 7 — Digital marketing services
7.1 — Execution
The Service Provider undertakes to implement all the means necessary for the proper execution of the services ordered. Unless otherwise stipulated, digital marketing services constitute obligations of means and not of result.
7.2 — Customer Collaboration
The Customer undertakes to provide the Service Provider, within the agreed deadlines, with all the elements, information and validations necessary for the performance of the services (texts, images, access to accounts, briefs, etc.). Any delay attributable to the Customer is likely to postpone the delivery times accordingly, without the Service Provider being held responsible for it.7.3 — Validation and deliveryDeliverables are subject to validation by the Customer. If the Customer does not return within seven (7) working days following the presentation of the deliverable, it is deemed accepted. A number of revisions is defined in the quotation. Any additional revisions will be charged according to the current rate.
Article 8 — Vocational training services (Seven Gold School)
8.1 — Programs and registrations
The courses are provided under the brand Seven Gold School, a training organization registered under the activity declaration number 93061127006 with the Prefect of the Provence-Alpes-Côte d'Azur region. This registration does not constitute State approval. Training courses are offered face-to-face, distance learning and e-learning, according to the programs described in the catalog or the program sheet given to the Customer. Enrolment is confirmed upon receipt of the signed registration form or the signed training agreement and the payment of the deposit if applicable.
8.2 — Rates and financing
The prices of the training courses appear in the catalog or on the quotation. Training courses may be eligible for coverage by OPCOs or any other funding organization, subject to prior agreement. The Customer remains liable for the full price in the event of refusal or non-payment by the financing organization.
8.3 — Cancellation and rescheduling
Any cancellation by the Customer must be communicated in writing: More than fourteen (14) working days before the start of the training: full refund or rescheduling free of charge; Between seven (7) and fourteen (14) working days: withholding of fifty percent (50%) of the amount of the training as a fixed compensation; Less than seven (7) working days or unjustified absence: the entire amount of the training remains due e.The Service Provider reserves the right to cancel or postpone a training session in the event of an insufficient number of participants or exceptional circumstances, without the Customer being able to claim any compensation. The Customer will be informed as soon as possible and the amounts paid will be fully refunded or carried over to a later session.
8.4 — Certification and evaluation
A certificate of completion of training is given to the trainee at the end of each session. An assessment of achievements is carried out in accordance with the provisions of the training program.Article 9 — Intellectual property
9.1 — Creations of the Service Provider
All the elements created by the Service Provider as part of the services (visuals, texts, codes, codes, codes, codes, codes, models, models, models, strategies, training materials, etc.) remain the exclusive property of the Service Provider until full and final payment of all amounts due by the Client.After full payment, the intellectual property rights on the creations specifically made for the Customer are transferred to it, for use in accordance with the object of the order, unless otherwise specified in the quotation.
9.2 — Training materials
The educational materials, programs and training content remain the exclusive property of the Service Provider. Any reproduction, distribution or use outside the strict framework of the training course is strictly prohibited without the prior written authorization of the Service Provider.
9.3 — Right of reference
Unless expressly and in writing by the Customer, the Service Provider reserves the right to mention the name and logo of the Customer in its commercial references and communication media.
Article 10 — Confidentiality
Each of the parties undertakes to consider as confidential all information exchanged in the context of the performance of the services, whether of a technical, commercial or financial nature. This confidentiality obligation applies throughout the duration of the contractual relationship and extends for a period of two (2) years after its end.
Article 11 - Personal data
As part of the performance of the services, the Service Provider is likely to collect and process personal data from the Customer and its employees, in accordance with the General Data Protection Regulation (RGPD) and the amended Data Protection Act. The data collected is processed exclusively for purposes related to the execution of the contract, to the management of the commercial relationship and, where applicable, to compliance with legal obligations. The Customer has a right of access, rectification, deletion, deletion, portability and opposition, which can be exercised by post or e-mail to the Service Provider.
Article 12 - Responsibility
12.1 — Limitation of liabilityThe Service Provider may only be held liable in the event of proven fault and will, in any event, be limited to the total amount of the amounts actually paid by the Customer for the service in question during the last twelve (12) months.The Service Provider cannot be held responsible for indirect damages, such as loss of earnings, loss of customers, loss of data or damage to the image.
12.2 — Obligations of the Customer The Customer is solely responsible for the content that it provides to the Service Provider (texts, images, data) and guarantees the Service Provider against any recourse from third parties in this respect.
Article 13 - Force majeure
None of the parties may be held responsible for a breach of its contractual obligations if this breach results from a case of force majeure within the meaning of article 1218 of the Civil Code, including in particular: natural disaster, epidemic, war, generalized Internet or electricity outage, general strike, general strike, governmental or administrative decision. If the case of force majeure extends beyond thirty (30) consecutive days, each of the parties may terminate the contract without compensation, by written notification to the other party.
Article 14 — General cancellation
Apart from the provisions specific to the website offer (article 6) and to training courses (article 8), each of the parties may terminate the contract in the event of a serious breach by the other party of its obligations, not remedied within a period of fifteen (15) days following the sending of a formal notice by registered letter with acknowledgement of receipt. Termination does not release the Customer from the payment of services already performed or in progress.
Article 15 - Right of withdrawal
In accordance with articles L.221-18 and following of the Consumer Code, the consumer Customer has a period of fourteen (14) days from the conclusion of the contract to exercise his right of withdrawal, without having to justify reasons or pay a penalty.However, in accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for services fully executed before the end of the withdrawal period. if the execution has begun with the prior and express agreement of the Customer and with the recognition by the latter of the loss of his right of withdrawal. This right does not apply to professional customers.
Article 16 — Mediation In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, the consumer Customer may use the mediation service offered by the Service Provider free of charge. The competent consumer mediator will be communicated upon simple request to the Service Provider.
Article 17 — Applicable law and competent jurisdiction
These GCS are subject to French law. In the event of a dispute relating to the interpretation, execution or termination of these terms and conditions, and in the absence of amicable resolution, the Commercial Court of Cannes will have sole jurisdiction, including in the event of multiple defendants or warranty claim.For disputes involving a consumer Customer, the rules of legal jurisdiction apply in accordance with the Consumer Code.
Article 18 — Various provisions
18.1 — Partial nullity If any of the provisions of these Terms and Conditions were declared void or inapplicable, the other provisions will remain in force and in full effect.
18.2 — ToleranceThe fact that one of the parties does not rely on a breach by the other party of any of its obligations cannot be interpreted as a waiver of the obligation in question.
18.3 — IntegralityThese GTC, supplemented by the quotation and any attached contractual document, constitute the entire agreement between the parties and replace any previous arrangement, commitment or agreement.