Terms of sale

1. Purpose

These general terms of sale govern the IT services provided by Marc-Alexandre Espiaut, sole trader trading as Logicoq (SIREN 895 215 135, 5 rue Richelieu, 33200 Bordeaux, France), hereafter “the Provider”, to business customers, hereafter “the Client”.

Services covered: audit, consulting, development, takeover and production delivery of software, MLOps, data engineering, systems administration, training and technical support.

2. Quotation and order

Every service is the subject of a written quotation specifying scope, deliverables, schedule and price. The quotation is valid for 30 days. The order is firm on receipt of the signed quotation or of the Client’s written agreement. Any change of scope is the subject of an amendment.

3. Prices

Prices are expressed in euros, excluding tax. VAT not applicable, article 293 B of the French General Tax Code. Services are invoiced as a fixed price or on a time-spent basis, as stated in the quotation. Travel expenses outside Bordeaux Métropole are re-invoiced at cost, with the Client’s prior agreement.

4. Payment

A 30% deposit may be requested at order. Invoices are payable within 30 days of their issue date, by bank transfer.

In case of late payment, penalties equal to three times the French legal interest rate are due automatically, together with a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code). The Provider may suspend ongoing services until payment.

5. Performance

The Provider undertakes to perform the services with care and according to best practice, under an obligation of means. Deadlines are indicative and depend on the Client supplying the necessary information, access and equipment. The Client appoints a contact person available to answer the Provider’s questions.

6. Delivery and acceptance

Deliverables are handed over as source code, documentation or deployment, as stated in the quotation. The Client has 10 working days from delivery to raise written reservations. After that period, or once the Client puts the deliverable into production, delivery is deemed accepted.

7. Intellectual property

Upon full payment, the Client holds the exploitation rights on the specific developments made for it. The Provider retains ownership of its pre-existing tools, libraries and know-how, on which the Client receives a non-exclusive licence of use. Open source components remain governed by their respective licences.

8. Confidentiality

Each party keeps confidential the information of the other party it becomes aware of during the service, for its whole duration and three years afterwards. Unless the Client objects in writing, the Provider may cite the Client’s name and logo as a commercial reference.

9. Liability

The Provider’s liability is limited to direct damages and capped at the amount excluding tax invoiced for the service concerned. The Provider is not liable for indirect damages (loss of data, revenue or business) nor for the consequences of using the deliverables outside the agreed scope. The Client remains responsible for backing up its data and systems.

10. Termination

Either party may terminate the service in case of a serious breach by the other party, not remedied within 15 days of written formal notice. Services performed up to the termination date are due.

11. Applicable law and disputes

These terms are governed by French law. In case of dispute, the parties seek an amicable solution. Failing that, the dispute is brought before the competent courts of Bordeaux, France.