General Terms and Conditions
1. Preamble and Scope of Application
These General Terms and Conditions (hereinafter "GTC") govern all contractual relations between Aghilas Quantec SAS (hereinafter "the Company" or "Aghilas Quantec"), a technology consulting and software development company, and any client (hereinafter "the Client"), whether natural or legal person, engaging Aghilas Quantec for professional services.
Aghilas Quantec provides technology consulting services including but not limited to:
- Web development and software engineering
- SEO (Search Engine Optimization) consulting and implementation
- GEO (Generative Engine Optimization) strategy and consulting
- Digital strategy and technical advisory
- Custom software solutions and SaaS development
The GTC apply to all service engagements and prevail over any other Client document unless specifically agreed otherwise in writing. Any engagement entails full and unconditional acceptance of the GTC in their version in force at the date of engagement. The Company reserves the right to modify the GTC, with notification by email at least 30 days before changes come into effect.
Definitions
For the purposes of these GTC:
Provider: Aghilas Quantec SAS, technology consulting and software development company.
Client: Any natural or legal person, professional or consumer, engaging Aghilas Quantec for consulting or development services.
Parties: The Provider and the Client together.
Services: Professional consulting, development, and advisory services provided by Aghilas Quantec, including web development, SEO/GEO consulting, software engineering, and related technical services.
Project: A specific scope of work defined in a proposal, quote, or statement of work agreed between the Parties.
Deliverables: Any work product, documentation, code, reports, or other tangible outputs specified in the project scope.
Engagement: The contractual relationship between the Provider and Client for the provision of Services.
Personal Data: Any information relating to an identified or identifiable natural person, within the meaning of the GDPR.
GDPR: EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data.
2. Provider Identification
The services are provided by:
Company name: Aghilas Quantec
Legal form: SAS (Simplified Joint Stock Company)
Share capital: €10,000
Registered office: 38 rue des Mathurins, 75008 Paris, France
SIRET: 941 777 716 00019
EU VAT number: FR95 941777716
APE Code: 6202A - Computer Consulting Services
Legal representatives: Sarah BOUBTANE (President) and Jonny SAYKOSY (Vice President)
Email: contact@agquantec.com
Website: https://agquantec.com
3. Services and Engagement Process
Service Description
The Provider offers professional technology services tailored to each Client's needs. Services may include:
- Custom web application development
- SEO and GEO consulting and strategy
- Technical consulting and advisory services
- Software architecture and design
- Digital transformation and optimization
Engagement Process
- Initial Consultation: The Client contacts the Provider to discuss project requirements
- Proposal: The Provider submits a detailed proposal or quote outlining scope, deliverables, timeline, and pricing
- Agreement: Upon Client acceptance, the Parties enter into an engagement governed by these GTC and the agreed proposal
- Execution: The Provider performs the Services according to the agreed schedule
- Delivery: Deliverables are provided to the Client as specified in the project scope
Modifications to Scope
Any changes to the agreed scope must be requested in writing and will be subject to a revised quote. Additional work beyond the original scope will be billed separately.
4. Duration and Termination
Project Duration
Engagements are project-based with timelines specified in the proposal or statement of work. The Provider will make reasonable efforts to meet agreed deadlines, subject to Client cooperation and timely provision of required materials.
Termination
Either Party may terminate an engagement:
- For convenience: With 30 days written notice. The Client shall pay for all work completed up to the termination date.
- For cause: Immediately upon written notice if the other Party breaches these GTC and fails to remedy within 15 days of written notice.
Upon termination, the Client shall receive all completed Deliverables and pay all outstanding invoices.
5. Pricing, Invoicing, and Payment
Pricing
Prices are specified in each proposal or quote and are in euros (EUR), exclusive of VAT. Prices are valid for 30 days from the date of the quote unless otherwise specified.
Payment Terms
- Invoices are payable within 30 days of receipt unless otherwise agreed
- Payment methods: bank transfer, credit card, or other agreed methods
- For projects exceeding €5,000, a deposit of 30-50% may be required before work begins
- Milestone-based payments may be agreed for larger projects
Late Payment
In case of late payment:
- Late payment penalties of 1.5% per month apply (Article L441-6 French Commercial Code)
- Fixed recovery fee of €40 for collection costs
- The Provider may suspend work until payment is received
6. Client Obligations
The Client undertakes to:
- Provide accurate and complete information necessary for the Services
- Grant timely access to systems, platforms, and materials required for the work
- Designate a primary contact person for project communication
- Review and provide feedback on Deliverables within agreed timeframes
- Pay invoices according to agreed terms
- Use Deliverables only for lawful purposes and in compliance with applicable laws
Failure by the Client to fulfill these obligations may result in delays, for which the Provider shall not be held responsible.
7. Provider Obligations
The Provider undertakes to:
- Perform Services with professional diligence and in accordance with industry standards
- Deliver work products that reasonably conform to the agreed specifications
- Maintain confidentiality of Client information
- Communicate promptly regarding project status and any issues
- Comply with applicable data protection regulations (GDPR)
The Provider does not guarantee specific business outcomes or results from the Services unless expressly stated in writing.
8. Intellectual Property Rights
Work Product
Unless otherwise agreed in writing:
- Custom Development: Upon full payment, the Client receives ownership of custom code, designs, and content specifically created for the Client under the engagement
- Pre-existing Materials: The Provider retains all rights to pre-existing tools, frameworks, libraries, and methodologies
- Third-Party Components: Open-source or third-party components remain subject to their respective licenses
Provider Portfolio Rights
The Provider may:
- Reference the engagement in portfolios and case studies (with Client consent for confidential details)
- Use general knowledge and experience gained from the engagement in future work
Warranty
The Provider warrants that all custom work product will not infringe third-party intellectual property rights. In case of infringement claims, the Provider will defend or replace the infringing material at its discretion.
9. Confidentiality
Both Parties agree to:
- Maintain confidentiality of proprietary and sensitive information disclosed during the engagement
- Use confidential information only for purposes of the engagement
- Not disclose confidential information to third parties without prior written consent
- Excluded from confidentiality: information that is publicly available, independently developed, or legally required to be disclosed
This obligation survives termination of the engagement for a period of 3 years.
10. Personal Data Protection and GDPR
The Company processes personal data in compliance with the GDPR and French data protection laws. When the Provider processes personal data on behalf of the Client:
- The Provider acts as a data processor
- Processing is limited to purposes necessary for performing the Services
- Appropriate technical and organizational security measures are implemented -The Provider will not transfer data outside the EU without Client consent and appropriate safeguards
For more information, see our Legal Notice and Privacy Policy on agquantec.com.
11. Limitation of Liability
Liability Cap
The Provider's total liability for any claims arising from an engagement is limited to the total fees paid by the Client for that specific project, except in cases of:
- Gross negligence or willful misconduct
- Personal injury or death
- Infringement of third-party intellectual property rights
- Breaches of confidentiality obligations
Exclusion of Consequential Damages
The Provider shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, business opportunities, or data
- Service interruptions or delays caused by third parties
- Damages resulting from Client's misuse of Deliverables
Third-Party Services
The Provider is not liable for failures or defects in third-party services, platforms, or software unless the Provider expressly warranted such third-party performance.
12. Force Majeure
Neither Party shall be liable for failure to perform obligations due to force majeure events beyond reasonable control, including:
- Natural disasters (earthquakes, floods, fires)
- War, terrorism, civil unrest
- Epidemics or pandemics
- Government actions or regulations
- Infrastructure failures not attributable to the affected Party
If a force majeure event lasts more than 30 days, either Party may terminate the engagement without penalty.
13. Warranties and Disclaimers
Limited Warranty
The Provider warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.
Disclaimer
Except as expressly stated herein, Services and Deliverables are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Warranty Period
Any warranty claims must be made within 30 days of delivery of the relevant Deliverable.
14. Applicable Law and Dispute Resolution
Governing Law
These GTC and all engagements are governed by French law.
Dispute Resolution
In case of dispute:
- Amicable Resolution: The Parties shall first attempt to resolve disputes through good-faith negotiations
- Mediation: If negotiations fail, the Parties may agree to mediation before a mutually acceptable mediator
- Jurisdiction: Any legal proceedings shall be brought before the competent courts of Paris, France
Evidence
Communications by email and electronic records maintained by the Provider shall constitute valid evidence of agreements and obligations between the Parties.
15. Miscellaneous Provisions
Entire Agreement
These GTC, together with any signed proposals or statements of work, constitute the entire agreement between the Parties and supersede all prior oral or written agreements.
Assignment
The Client may not assign or transfer rights or obligations under these GTC without prior written consent of the Provider. The Provider may assign its rights to affiliates or in connection with a merger or acquisition.
Severability
If any provision of these GTC is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Amendments
Any amendments to these GTC or to a specific engagement must be made in writing and signed by both Parties.
Notices
All notices must be sent by email to contact@agquantec.com or to the Client's email address on record. Notices are deemed received upon confirmation of delivery.
Language
In case of translation, the French version of these GTC shall prevail.
Contact
For questions regarding these Terms and Conditions:
- Email: contact@agquantec.com
- Postal Address: Aghilas Quantec SAS, 38 rue des Mathurins, 75008 Paris, France
- Website: https://agquantec.com/en/contact
