 Version 1.0.1 dated 10/30/2021
Article 1. General
SOFT AND MICRO SARL (Q. Le Brun, Cité de Durba, Secteur Kibali 504507 Territoire de Watsa / Province du Haut Uélé, Democratic Republic of Congo – N ° RCCM CD / ISIRO / RCCM / 13-B-1085 – ID.NAT: 25 -J6100-N84408P – NIF: A2174777D), hereinafter referred to as S & M SARL, is a digital services, architecture and civil engineering company. It is first and foremost a software publisher, but also provides, among other things, auditing, consulting, support, and training services, extended to areas such as Office automation, Networks, Telecoms, Electricity, Electronics, Digital Marketing, Graphics, Modeling, Architecture and Civil Engineering.
These General Conditions of Sale, hereinafter referred to as GTs, specify the general framework of any contract concluded between the Customer and S & M SARL. They may possibly be supplemented and / or modified by specific clauses. In the absence of specific clauses, they define all the rights and duties of both parties.
As soon as he sends an order to S & M SARL, or validates an estimate, the Customer declares to have full legal capacity allowing him to commit, and declares to adhere without restriction or reservation to these GTs, as well as to the clauses specific, if applicable.
The GTs are permanently available on the S & M SARL website. They are subject to change at any time without notice. The applicable GTs are those in force on the site on the date of the Customer’s request (date of the quote, or date of the order in the case of a service without a quote). They can be identified by a version number and a date of writing.
Article 2. Ordering methods
The Customer can either place an order, or signify his agreement on any estimate presented by S & M SARL, or subscribe to the various proposals published by S & M SARL and offered at a price determined in advance, such as software licenses. or training.
These acts can be carried out by email, mail or fax. In some cases, they can be done by completing a form available online. The purchase of a service or product at a price determined in advance implies acceptance of all of these GTs.
Any estimate presented by S & M SARL and signed by the Customer becomes contractual. Likewise, any order received by S & M SARL, dated and signed, is firm and final and becomes contractual. If a deposit had been requested, the order is only validly received with the corresponding deposit.
In the particular case of orders taken over the Internet, these orders are firm and final upon receipt of the corresponding email, received by S & M SARL and a copy by the requester. Payment is due in all cases, unless the requested transaction is not carried out. In the latter case, it is the Customer’s responsibility to report it immediately to S & M SARL.
The Customer can exercise his right of withdrawal. The customer has a period of fourteen clear days from receipt of the product to exercise his right of withdrawal without having to justify reasons or pay penalties, the shipping and return costs however remaining at his expense. When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The withdrawal period for the services begins to run on the date of validation of the estimate, of issue of the invoice if the operation was carried out without a prior estimate, or of the allocation of the license key.
Only the price of the product (s) purchased will be refunded. The product must be in perfect condition and not unsealed. Items returned incomplete, damaged, damaged or soiled by the customer are not accepted. The right of withdrawal cannot be exercised for computer software or CD-Roms unless they are returned un-wrapped or unsealed.
In the event of exercise of the right of withdrawal, the Customer may request the reimbursement of the sums paid free of charge.
Article 3. Performance of the services
S & M SARL undertakes to implement everything, and in accordance with the rules of the art, the service ordered by the Customer. Any service not provided for in the contract, or any modification to the initial commitment, made at the Customer’s request, will be the subject of an amendment to the contract.
The performance of the service terminates the contract between the Client and S & M SARL, unless express notification of reservations by the Client within 14 working days after notification of the end of the assignment. S & M SARL is not required to keep any information whatsoever concerning the Client and / or the service provided.
The intellectual property of the realization carried out within the framework of the ordered service, remains acquired to S & M SARL, the Customer having acquired only the right of use. S & M SARL may however, in certain cases, transfer to the Client all or part of its rights to the aforementioned work: right of reproduction, representation, marketing, possession, adaptation, translation, and more generally, all exploitation rights. This transfer is subject to a written agreement between the parties.
In the particular case of domain names purchased by S & M SARL on behalf of its Customers, S & M SARL expressly waives any right to claim any property privilege related to this purchase on behalf. The transfer of domain name ownership is carried out on simple request to any third party designated by the Customer, at the latter’s request.
Article 4. Invoicing methods
S & M SARL provides services either on a flat-rate basis, or on a daily or hourly basis. In all cases, a tariff agreement has been made with the Customer beforehand.
In the event that S & M SARL staff would have to travel to the Customer’s premises in order to provide a service for the latter, the costs incurred during the trips may be invoiced to the Customer on the basis of a price per kilometer, which would be added any costs of stay and accommodation, on the basis of actual expenses.
In the case of multi-year agreements, the tariffs are revised as of right according to a common agreement between the stakeholders. Any modification of the tariff which is not in conformity or which has not been the subject of a common agreement constitutes a possibility for the Customer to automatically terminate the multi-year agreement concerned.
The price details for any service are available on request from S & M SARL.
Article 5. Terms and deadlines for payment
The price of services is indicated, unless otherwise specified, for payment in cash and without discount.
If payment on order has not been requested, and unless otherwise agreed upon in advance, payment must reach S & M SARL within ten days of receipt of the invoice. Any sum not paid within thirty days is liable to bear interest at a rate equal to 10%, with a minimum amount equivalent to 300,000 CDF (or its equivalent in USD, or 150 USD at the time of writing of these GTs).
Article 6. Guarantee and limitation of liability
S & M SARL guarantees that its service is provided with all the diligence and skill reasonably required, and excludes any other warranty, express or implied, not explicitly stipulated.
Any specific software published by S & M SARL is guaranteed for a period of one year from the date of delivery against any malfunction. Generic software published by S & M SARL is subject to a development cycle ensuring the constant correction of any dysfunction observed.
S & M SARL does not give any additional guarantee with regard to supplies which are not part of its service, such as for example services and supplies from third parties.
S & M SARL cannot be held liable in the event of damage of any kind whatsoever suffered by the user or third parties and resulting directly or indirectly from one of its services or the use of one of its software, in particular the loss of data or any financial loss resulting from its use or the inability to use it, and this even if S & M SARL has been warned of the possibility of such damage.
S & M SARL cannot be held responsible for infringement of French and international laws for the protection of intellectual property, for all work, modifications, achievements, carried out from any element of all kinds provided by the Customer such as texts, photographs, logos, images, graphics, buildings and works of art of which it would not have the exclusive property.
In the event that S & M SARL’s liability is incurred as a result of a failure to comply with its obligations, whether on a contractual, extra-contractual basis, or for any other reason, its liability is limited to the direct damages suffered. by the customer. Any appraisal costs will be borne by half between the Client and S & M SARL.
S & M SARL will under no circumstances be required to compensate for any damage of any kind whatsoever resulting from:
- any malfunction of a third-party supply,
- use not in accordance with the purpose of any software, service, or service
- any case of force majeure such as lightning or a break in the energy supply
- any fact that can be demonstrated to be outside the scope of S & M SARL’s responsibilities
Article 7. Confidentiality clause
Under no circumstances may any information and / or data concerning the Customer be transmitted, communicated, resold, totally or partially, to any third party whatsoever. S & M SARL undertakes to ensure total confidentiality of all information and / or data processed as part of the services ordered from it, except under legal or judicial obligation.
The Customer has the right to access, modify, rectify and delete any personal data concerning him.
Article 8. Applicable law and competent courts
For the performance of the services ordered by the Customer, the parties each elect domicile at the address of their registered office or establishment.
These GTs are subject to the law of the Democratic Republic of the Congo and to the provisions of the OHADA Uniform Act relating thereto. In the event of a dispute relating to the application or interpretation of these GTs, the parties agree to seek an amicable solution. Otherwise, the courts of the head office of S & M SARL will have sole jurisdiction.
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