TermsOfSales

Terms of Sales

Terms of Sales

Scope

Purchase Order, Order and Contracts are applicable to the Product and Services provided by the provider. Any modification of a purchase order, order must be confirmed by email by the provider. By accepting the purchase order by signing this order, you accept explicitly all terms of this purchase order.

Purchase Order, Order, Contracts

The purchase order is valid only for the duration indicated in the purchase order. The order to be validated must be received scanned by email by the provider and confirmed by the provider. 

Price and Payment conditions

The prices of services, and eventual taxes are indicated on the Purchase Order. The payment conditions are indicated in the Purchase order and on the invoices sent by XWiki SAS. The payment needs to be performed according to these conditions. In case of late payment, XWiki SAS is entitled to stop all services until full payment of the invoices and interest penalties based on 3 times the legal interest rate, plus eventual recovery fees. The payments need to be performed by Bank Wire payment.

Services

Any employee or partner of the Provider may provide the Services for the Client. The Client may, with justification, request once and once only the replacement of the person performing the Services, but may not specify or constrain the decision of their replacement. Unless operational constraints make this replacement impossible, the Provider will have a maximum period of seven (7) days to make this replacement.

Responsibility

The provider cannot be held responsible by the Client of eventual damages to goods, people or data resulting from the performing of the Services, except specific mention in the purchase order.

Confidentiality

Unless otherwise agreed by the parties, each party undertakes to ensure the most complete confidentiality of the information provided during the commercial negotiations (quotations, orders, financial conditions, etc.) or in connection with the provision of the Services.

Communication Policy

The Client will authorize XWiki SAS to write a business case describing its usage of XWiki Enterprise, including its initial needs, the choice of XWiki, the deployment fo the solution and the results (to be used in commercial purposes by XWiki SAS). The Client will authorize XWiki to use its name and logo in its communication policy.

In case of public websites hosted by XWiki, the Client agrees to set up a page "Credits" indicating the role of XWiki in implementing and hosting the project. Furthermore, a logo "Powered by XWiki" will appear at the bottom of the page on the website.

Intellectual Property

Termination

This contract can be terminated by the Provider

In case of failure to pay or late payment,
At the expiration date of the contract. 

This contract can also be canceled by either party: 

In the event of a serious or persistent breach by the other party of its contractual obligations,
If the other party becomes insolvent,
By mutual agreement of both parties.

Client Obligations

The Client is responsible for the specifications and more generally for all the information that it provides to the Provider for the realization of the Services, the control of this realization and the regulatory declarations potentially incumbent on the Client. The Client shall provide the personnel of the Provider with all reasonable courtesy, information, cooperation and access facilities necessary for the prompt execution of the Contractor's obligations, failing which the Contractor shall be released from these commitments. 

Litigation

Quotations, orders and contracts are subject to French law and to the sole competence of the Commercial Court of Paris.