General Conditions of Sale
Yusanet Digital General Conditions of Sale
Article 1: Contracting Parties
These General Conditions of Sale (hereinafter referred to as “CGV”) define the contractual relations between the buyer (hereinafter referred to as “The Customer”) on the one hand, and the seller (hereinafter referred to as “Yusanet Digital” or “The Service Provider”), Yusanet digital LTD incorporated and registered in Mauritius with its head office located at Rue des Fascines, 81406, Moka, Mauritius (Supplier), represented herein by Mr. RUMJAN YAASIIN, in his capacity as CTO & Co -founder.
The term “Buyer” and the term “Seller” may be used jointly or individually to refer to the parties. In the absence of a Service Provision Contract concluded between Yusanet Digital and its Client, these General Terms and Conditions apply automatically.
The General Conditions of Sale may be subject to general or specific modifications, specified in writing, prior to the conclusion of any transaction between the Service Provider and its Client.
Article 2: Purpose
The purpose of these General Terms and Conditions is to define the technical, legal and financial conditions allowing the Customer to subscribe to a Service with Yusanet Digital.
The provisions of these Service Provision Terms and Conditions are binding and apply to the Client during any Service Provision concluded with Yusanet Digital.
Article 3: Application
Any request or order for the Provision of Services made by a Client must, before its execution and delivery by Yusanet Digital, be the subject of either a quote or a commercial proposal provided to the Client. The quote (or commercial proposal) is annexed to these General Terms and Conditions and forms an integral part of them.
After receipt and acceptance of the quote or proposal by the Client, any request or order for the Provision of Services implies the Client’s full and unreserved acceptance of these General Terms and Conditions, which he declares having read, understood and accepted, as well as the waiver of its own general conditions of purchase. No particular or general purchase condition can, unless expressly agreed in writing by both parties, prevail over these General Terms and Conditions. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to its attention.
Article 4: Quote / Commercial Proposal and Order
In the absence of any special mention, a quote or commercial proposal remains valid for a period of 1 month from its date of issue. In the absence of acceptance within this period, the quote or commercial proposal will be considered obsolete, and a new request must be made by the customer.
Unless specifically agreed, an order becomes firm, final and accepted by Yusanet Digital when the Customer agrees to any quote presented by Yusanet Digital.
This duly completed quote (or proposal) must then be returned to the Service Provider electronically (document in digital format or digitized/scanned PDF).
In the event of non-receipt of the duly completed quote or proposal, Yusanet Digital reserves the right not to begin the Service in question.
Yusanet Digital also reserves the right to refuse any non-contractual or unethical request (discrimination, pornography, racism, incitement to violence, etc.).
Article 5: Location and Duration
The Provision of Services, depending on its nature, may be performed in whole or in part, either on the premises of Yusanet Digital and its subsidiaries, or on the premises of the Client.
Unless specifically agreed, the Provision of Services is carried out in accordance with standard office hours, from 9 a.m. to 6 p.m.
The execution times for the Provision of Services may be specified in the quote or the commercial proposal and may be the subject of an amendment accepted and signed by the client.
Yusanet Digital undertakes to offer deadlines consistent with the Client’s needs, subject to availability. Delivery is made on the date indicated on the quote or proposal, unless otherwise agreed or delay by the Customer in confirming their order, which may result in deadlines being exceeded. Delivery times are given as an indication, and exceeding them cannot give rise to damages, penalties for delay or cancellation of the order.
The Client undertakes to provide Yusanet Digital with all the elements necessary for the execution of the defined Service. Any delay or omission on its part may result in a revision of the delivery date or the cancellation of the order.
Article 6: Prices
The rates in effect at the time of issuing the quote or commercial proposal apply to services provided during standard working hours. Prices are expressed in Euros (EUR), Mauritian Rupees (MUR), or American Dollars (USD) and do not include applicable taxes, which are the responsibility of the Customer. Unless expressly stated otherwise, our prices do not include shipping costs, travel costs, meals, and additional costs of typing, reprography, etc.
Costs incurred by the Service Provider, such as travel costs, accommodation, meals and additional costs of typing, reprography, etc., necessary for the execution of the Service, will be invoiced in addition to the client on statement of expenses.
Generally speaking, prices are subject to review on January 1st of each year. However, Yusanet Digital reserves the right to modify its prices at any time, provided that the prices offered to the Customer before a price change remain those invoiced to this Customer.
Article 7: Payment, Penalties, Recovery
In the absence of specific specifications mentioned in the quote or commercial proposal, full payment of the lump sum amount of the Service must be made according to the terms detailed in the quote or commercial proposal.
For each payment, Yusanet Digital will first issue an invoice to the Customer, either electronically (online or by email), or by post or telegraph.
In the absence of specific mentions, any invoice issued by Yusanet Digital must be paid by the Customer upon receipt. No discount will be granted in the event of early payment.
In the event of payment by international transfer, in particular via the SWIFT banking interface, it is understood that all bank charges incurred will be the responsibility of the Customer. The Customer must explicitly inform his bank before making the transfer.
In the event of late payment of an overdue invoice and unless prior agreement between the Parties, Yusanet Digital will automatically take the following measures, without prior notice being required:
Immediate payment of the entire amount due;
The calculation and payment of late payment penalties calculated in the form of interest equivalent to three times the legal interest rate in force in France on the date of invoicing of the amount due;
Payment of a fixed recovery compensation of €40;
The suspension of the execution of other current and future contracts concluded with the Client.
Article 8: Guarantees and After-Sales Services
In the absence of specific indications on the initial documents such as the quote, the contract or the proposal, any Service whose amount exceeds €2,500 excluding tax will be accompanied by monitoring in the event of operating problems detected by the Client or the provider. This monitoring applies during a warranty period of 20 days from delivery of the Service.
In the context of a website whose content maintenance is carried out by the Client, only the files created by the Service Provider, as well as the initial structure of the screens and the database, are covered by the guarantee.
Article 9: Obligation of Collaboration
The Client must make available to the Service Provider all the information, professional contacts, elements, and source content necessary for the successful completion of the Service. Any delay or omission on the part of the Customer may result in a revision of the delivery date or the cancellation of the order.
Article 10: Obligation of the Service Provider
Yusanet Digital undertakes to carry out the Provision of Services with care and in accordance with the standards of its profession, using the best practices of the moment.
Yusanet Digital will take all necessary measures to preserve the computer files and other documents entrusted by the Client for the performance of the Service.
Yusanet Digital personnel remain under the hierarchical and disciplinary authority of the company, and Yusanet Digital assumes all obligations and rights associated with its status as employer, including technical work management, administration, accounting, and social aspects. All staff, regardless of their assignment, benefit from the rights arising from their employment contract with Yusanet Digital. Questions related to Yusanet Digital personnel should be addressed directly to the company by the Customer.
For Services carried out in the Client’s premises, the latter undertakes to provide Yusanet Digital stakeholders with all the means necessary to carry out the interventions, including appropriate offices, necessary technical equipment, access to the system. of the Client, and the IT resources required for the project.
Article 11: Execution & Liability
The Customer is responsible for protecting digital information media against any damage or deterioration. Yusanet Digital cannot be held responsible in the event of damage occurring to digital files or to any document delivered or entrusted by the Service Provider as part of the collaboration. The Client therefore releases Yusanet Digital from any liability in this regard.
From the submission of the deliverables by Yusanet Digital, the Client is responsible for the use, exploitation and dissemination of the content presented in these deliverables. The Client releases Yusanet Digital from any liability and guarantees it against any claim related to the use of the deliverables, including any loss of profits or commercial disruption.
In the event of conviction of Yusanet Digital for any reason whatsoever and if the Client is entitled to compensation for direct damage resulting from faults committed by Yusanet Digital in the context of the performance of the Services, the Client has the right to request compensation up to the limit of the sums collected by the Service Provider for the Service in question during the 12 months preceding the damage, regardless of the legal basis of the claim or the procedure initiated to obtain it.
Yusanet Digital cannot be held liable in the event of delay or failure to perform the Contract if this is attributable in whole or in part to the Client or a third party.
Yusanet Digital’s liability is limited to direct damage caused exclusively by its faults, and the amount of this liability cannot exceed the sums due to the Service Provider.
Yusanet Digital is not liable for indirect damages, such as loss of profits, loss of anticipated savings, loss of image, goodwill, contracts, data, operations, or commercial disruptions.
With regard to software components subject to “free” (or “open-source”) software licenses, of which Yusanet Digital is not the author or publisher and which may be used or integrated into the Services, Yusanet Digital cannot offer any guarantee, and cannot be held liable in the event of direct or indirect damage linked to these components. The Customer is informed of the absence of any guarantee from Yusanet Digital in this regard.
Article 12: Obligation of Confidentiality
Yusanet Digital undertakes to strictly respect the confidentiality of all information, documents, data, or concepts to which it may have access before, during or after the execution of its Service, as well as the content of the work ordered and carried out.
The Parties agree that Yusanet Digital may use the name, logo, and a description of the Service performed for reference, provided that the Client does not express opposition.
Article 13: Intellectual Property
Yusanet Digital assigns to the Client, upon receipt and subject to full payment, certain intellectual property rights necessary for the performance of the Services. These rights include the use, reproduction, representation, translation, adaptation and exploitation of the results of the Service for the exclusive account of the Client, for the legal duration of copyright protection and for global scale.
Yusanet Digital retains exclusive ownership of the means, tools, inventions, methods or know-how pre-existing or developed during the performance of the Services, even if they are not subject to any specific protection. No right of use is granted to the Customer over these elements.
The Client declares that it holds or undertakes to obtain all the necessary rights and authorizations on the elements provided to the Service Provider as part of the Services.
Article 14: Force Majeure
Yusanet Digital cannot be held liable in the event of non-performance or delay in the performance of its obligations due to a case of Force Majeure, defined as a serious, unpredictable, irresistible event external to Yusanet Digital. In the event of Force Majeure, Yusanet Digital will inform the Customer and the deadlines will be automatically shifted depending on the duration of the Force Majeure.
Article 15: Personal Data
Yusanset Digital undertakes to respect the legislation in force relating to the protection of privacy, in particular the law “information technology and freedoms” n°78-17 of January 6, 1978 as amended and Regulation (EU) 2016/679 of April 27 2016 (GDPR), with regard to the processing of personal data.
The data processed are those that the Customer voluntarily transmits to Yusanset Digital as part of the Services provided for by these general conditions of sale (CGV).
The Client undertakes not to transmit sensitive personal data to Yusanset Digital, unless expressly agreed. In addition, the Client must ensure the quality, legality and relevance of the data transmitted. The Client guarantees that it holds the necessary intellectual property rights over the data transmitted and undertakes to compensate Yusanset Digital in the event of a breach of this guarantee.
As data controller, the Client guarantees that it fulfills all its legal obligations with regard to the processing of personal data that it implements within the framework of the contract. Yusanset Digital has no obligation to verify compliance of the Customer’s data processing with data protection legislation.
Yusanset Digital undertakes to put in place appropriate technical and organizational measures to ensure compliance of data processing carried out on behalf of the Client with applicable legislation.
Personal data processed by Yusanset Digital will not be communicated to third parties without the prior consent of the Customer, except for legitimate reasons (legal obligation, fight against fraud, etc.).
Yusanset Digital may transfer data to servers located outside the European Union, but undertakes to take appropriate protective measures to ensure data security, including encryption of data streams.
The data is mainly stored in the European Union and is retained for the period necessary to carry out the Services, unless a longer retention period is authorized by law.
The Customer has certain rights with regard to his personal data, in particular the right of access, rectification, deletion, limitation of processing, opposition, and portability. These rights can be exercised by contacting Yusanset Digital by post or email, providing identification for verification.
Article 16: Subcontracting
Yusanset Digital reserves the right to use subcontractors for certain parts of the Services, at its discretion.
Article 17: Complaint
In the event of a dispute, Yusanset Digital’s liability is limited to the total amount paid by the Customer during the 12 months preceding the dispute.
Article 18: Termination
In the event of failure to fulfill its contractual obligations, each party may request termination of the contract after notification and a period of 15 days. Termination does not affect Services already provided and paid for.
Article 19: Obligation not to solicit personnel
The Client undertakes not to solicit or employ, directly or indirectly, Yusanset Digital employees during the duration of the contract and for 12 months after its expiration, unless prior written agreement is given. In the event of violation of this clause, the Client must pay Yusanset Digital compensation equivalent to 12 months of gross salary of the employee concerned.
Article 20: Advertising
Yusanset Digital may refer to its relationship with the Client for advertising purposes, unless expressly refused by the Client.
Article 21: Dispute resolution
In the event of a dispute, the parties undertake to seek an amicable solution. In the absence of agreement, the dispute will be subject to the exclusive jurisdiction of the Court of Mauritius.
This online version of the Yusanset Digital General Conditions of Sale takes precedence over any other printable version and may be modified at any time. The applicable version is that in force on the date a quote is signed by a Customer.