Peckify, our digital agency, excels in guiding and materializing projects at the heart of the digital era, embracing advancements in the field of information and communication technologies. The purpose of this document is to specify the responsibilities and commitments of Peckify as well as those of its client partners, in the deployment of services encompassing our areas of expertise. These services include strategy, consulting, structuring, design, development, marketing, engagement, maintenance, education, and support for projects related to the web and other digital platforms (such as websites and intranets, among others).
Every purchase of services offered by Peckify implies full and unconditional adherence to these general terms of sale. No specification or particular condition can override our general conditions without a prior written agreement from our side. Thus, any stipulation desired by the client and contrary to our terms will not be applicable, unless accepted clearly and formally documented by Peckify. The non-exercise by Peckify of its rights under these conditions at any given time should not be interpreted as a waiver to exercise any right or condition at a later date.
Peckify commits to providing support within the framework of the General Data Protection Regulation (GDPR), but cannot be held responsible for interpretations or applications of the GDPR by the client. Our obligation is limited to an advisory effort to help the client align their website with the requirements of the GDPR. Our responsibility cannot be engaged in the following cases:
The client acknowledges that Peckify's assistance in complying with the GDPR does not relieve them of their own legal obligations. This assistance is limited exclusively to the compliance of their website, without presuming the client's other obligations under the GDPR. It is the responsibility of the client, with the help of their legal advisors, to verify the relevance and validity of the actions carried out by Peckify in light of the available information.
4.1 - Peckify's liability is confined to the website and its content, over which it exercises effective control.
4.2 - Peckify is not responsible for connections or integrations made by other service providers.
4.3 - Peckify disclaims all liability for damages, whether accidental or deliberate, inflicted on the client by third parties when using the Internet.
4.4 - In case of management of a site by the client or by Peckify, Peckify cannot be held responsible in case of loss, theft, or disclosure of the client's usernames and passwords.
4.5 - For orders involving creation and hosting, Peckify reserves the right to reject any text, illustration, or content deemed inappropriate, offensive, or in violation of the law.
4.6 - Peckify also reserves the right to place on the client's site a mention indicating that it is the creator.
5.1 - When the client provides the necessary information for the project's development, it must be communicated according to Peckify's directives. The realization of the website and/or associated services ordered will not begin within the agreed timelines until after the complete receipt of the data required for their implementation.
5.2 - If Peckify is responsible for producing the editorial content, including texts, photos, and videos, in addition to or independently of the information provided by the client, the conditions of article 6.3 apply in the same manner.
5.3 - The client, having selected and approved all the information before publication, exempts Peckify from any liability regarding their content. By validating the order, we consider that the client holds the necessary copyright or reproduction rights and takes on any responsibility related to the infringement of others' rights.
5.4 - Peckify cannot be held responsible for partial or total malfunctions of the website if the hosting is not managed by us.
5.5 - The client acknowledges that Peckify retains full ownership of the reproduction rights of its web creations, including copyright. Any reproduction or representation, even partial, without the prior permission of Peckify is prohibited.
5.6 - Regarding the purchase of components or extensions, the client is informed that it is strictly forbidden to resell, distribute, or transfer in any way, the files or the source code obtained through Peckify.
6.1 - The rate of Peckify's services, including website creation, domain name acquisition, and referencing, is defined in the quote provided. These prices are expressed in euros VAT not applicable, article 293 B of the CGI, with the following payment terms: a deposit of 50% at the order and the balance of the remaining 50% upon delivery. The prices set at the time of the order signature are firm and invariable, except in case of force majeure, as detailed in article 18.
6.2 - By signing the quote, the client attests to the payment of the stipulated deposit.
In accordance with the legislation of January 25, 1985, the transfer of ownership regarding services billed by Peckify will only be carried out on the condition of the full payment of the amount indicated on the invoice. This principle ensures that full and entire ownership of the achievements or services provided passes from the provider to the client only after the complete payment of these services.
8.1 - Hosting Services
The hosting solutions for our clients are provided by selected third-party partners. Access to these hosting services is conditioned by subscription to one or more of our services. We facilitate the transfer of DNS towards our partners' servers, provided that it is related to our services. Clients will have access to all the administrative and technical information necessary for managing their hosting.
8.2 - Responsibility
8.2.1 - Peckify commits to proposing alternative solutions in case of failure of our hosting partners, without being held responsible for the direct consequences of these failures.
8.2.2 - Peckify cannot be held responsible for actions or claims by third parties due to: illicit content hosted on client sites; defective products sold via these sites; a violation of intellectual property rights on content disseminated on these sites; suspensions or terminations of service linked to payment delays.
8.2.3 - Peckify is not responsible for tax charges or other fees arising from transactions performed on client sites.
8.2.4 - The limitations and characteristics of the Internet mean that Peckify cannot guarantee flawless or secure accessibility to the hosted site, especially in cases of network saturation, viruses, cyberattacks, or technical failures.
8.2.5 - Account Use
The client account is personal and secured by a username and password. The client is responsible for the use of these accesses, and any connection made will be considered as made by the client himself. Peckify is not responsible for the loss or unauthorized sharing of these identifiers.
8.2.6 - Billing and Payment for Hosting Services
The rates for rental and associated services are defined in the offer, total net of VAT, and payable in euros, in advance upon receipt of the invoice. Prepaid rates are guaranteed for the paid period. Peckify reserves the right to modify its rates with one month's notice. In case of disagreement with a price change, the client has the right to terminate the contract by registered letter with acknowledgment of receipt, within one month following the announcement.
8.3 - Duration, Renewal, and Termination of the Contract
8.3.1 - The contract is annual and renews automatically unless canceled under the conditions described below.
8.3.2 - Clients will be informed by email of the notice period to refuse automatic renewal.
8.3.3 - Termination must be carried out by registered letter sent to Peckify at the following address:
61 Rue de Lyon
75012 Paris, France
At least one month before the anniversary date of the contract.
8.3.4 - Peckify may suspend services if the client fails to respect the terms of the contract, including for non-payment. Services may be interrupted if an invoice remains unpaid for more than 7 days, without relieving the client of their financial obligations. A written request is necessary to formally stop the services.
9.1 - Offered Services
Peckify offers the registration of domain names with common extensions (.com, .net, .org) as well as specific ones (.fr, etc.), accessible to both individuals and legal entities wishing to secure one or more domain names. Although Peckify strives to perform the necessary procedures with the competent authorities, it does not guarantee the success of the registration. A standard page will be put online under the registered domain name, displaying a mention including said domain name.
9.2 - Availability and Registration
The confirmation of availability of a domain name does not guarantee its final reservation, due to possible delays between consultation and registration. Obtaining and using a domain name does not immunize against potential third-party claims regarding the use of all or part of this name.
9.3 - Rules and Conflicts
9.3.1 - The registration request implies full acceptance of the administrative and technical naming rules as well as the principles for resolving any disputes between the domain name holder and third parties.
9.3.2 - It is the client's responsibility to provide the documents required by the registration, such as a Kbis extract for .fr domains or a certificate from the INPI for names in .tm.fr.
9.4 - Pricing and Payment
The applicable rates are those indicated on the order form validated by the client. These rates are net of VAT and payable in euros upon receipt of the invoice.
9.5 - Order Confirmation
The registration of a domain name is only considered after receipt of a completed and signed order form, accompanied by the payment and the necessary supporting documents.
9.6 - Activation of the Registration
The activation of the domain name occurs once the databases of the registries (Afnic, Internic) are updated and after the DNS propagation.
9.7 - Responsibilities Related to the Registration
9.7.1 - The client assumes full responsibility for the choice of domain names they have registered.
9.7.2 - Peckify disclaims all responsibility for claims or disputes resulting from the registration of domain names.
9.7.3 - The client agrees to indemnify Peckify against any condemnation arising from the registration of domain names.
The general terms of sale of Peckify govern all our commercial transactions and service provisions. When the client affixes their signature on a document such as the order form, the quote, or any commercial proposal, it means that they adhere unreservedly to our sales conditions and waive their own general purchasing conditions. The validation of orders placed by our clients becomes irrevocable after the expiration of the legal withdrawal period, unless Peckify expresses a reservation within eight days following the receipt of the order.
The offers presented in our quotes and order forms remain valid for a period of thirty days (1 month).
The delivery times we communicate are estimated based on the technical and human resources available at Peckify and do not constitute a firm commitment. Thus, the client cannot claim any form of delivery on a specific date nor claim compensation for delay of any nature. The agreed payment for the service remains due by the client, regardless of any delivery delay.
Penalties equivalent to one and a half times the legal interest rate on unpaid amounts will be applied, in accordance with Law No. 92-1442 of December 31, 1992, article 3-1 paragraph 3. In addition, all associated costs (financial, administrative, formal notice, and recovery) will be borne by the client. This does not affect Peckify's right to suspend or terminate the contract due to payment delay.
If one of the parties fails to meet its contractual obligations and does not correct this failure within eight days following the receipt of a formal notice by registered letter with acknowledgment of receipt sent by the other party, the latter will have the right to terminate the contract and demand damages for the suffered prejudices.
In the event of an amicable settlement, judicial reorganization, or liquidation, temporary suspension of proceedings, bankruptcy, or any similar procedure concerning one of the parties, the present contract will be automatically considered as terminated, without any notification required, from the decision made by the competent Court.
Peckify expressly reserves the right to immediately adjust its prices to reflect the introduction of new taxes or any change in the rates of existing taxes. This measure ensures that the tax impact on the services offered by Peckify is accurately taken into account and transparent for our clients.
The client commits to notifying Peckify of any significant changes concerning them, such as address changes or other relevant information, using a written form of communication to ensure proper record-keeping and effective communication.
Events of force majeure, including but not limited to the destruction or theft of production equipment, partial or total strikes affecting the activity of Peckify or that of its suppliers, subcontractors, or carriers, as well as any interruption of transport, supply of energy, raw materials, or spare parts, will suspend our contractual obligations without engaging our liability.