These General Terms and Conditions of Sale define the conditions under which FLUXFACILE provides its professional clients with digital services, technical work, migration services, website redesign, site takeover, maintenance, hosting, supervision, custom development and services accessible via the FluxPro platform.
These GTS apply to any order, project activation, quote acceptance, electronic acceptance of an offer or commencement of execution of a service by FluxFacile.
Services are provided by:
FLUXFACILE
SASU with share capital of €1,200.00
Registered office: 2EME 26 Q LE TRIANON BATIMENT A, 13 RUE KONRAD ADENAUER, 77600 BUSSY-SAINT-GEORGES, France
SIREN: 102 205 630
SIRET: 102 205 630 00019
Trade register (RCS) Meaux: 102 205 630 R.C.S. Meaux
EU VAT number: FR96102205630
APE code: 62.01Z
Email: contact@fluxfacile.fr
These GTS apply exclusively to professional clients acting in the course of their business activities.
The client declares that they have the legal capacity and authority required to enter into contracts on behalf of the entity they represent.
The contractual relationship between FluxFacile and the client is governed, in order of priority, by:
In the event of a conflict, the higher-ranking document shall prevail.
Access to the FluxFacile platform in its basic version may be free of charge.
This free access allows, in particular, the creation of a management workspace, consultation of general features and exploration of the services offered.
The client only becomes a paying client when they:
Each activated project constitutes a separate contractual commitment, which may give rise to specific invoicing, even if several projects are linked to the same tenant or the same client.
The contract is deemed to be concluded on the earliest of the following dates:
The validation of a project or acceptance of a quote constitutes full and unconditional acceptance of these GTS and the specific conditions applicable to the project in question.
The applicable prices are those indicated in the quote, on the platform or in the specific conditions of the project.
Each project may include all or some of the following elements:
Prices may vary depending on:
Unless otherwise stated, prices are quoted in euros, exclusive of tax. Applicable VAT is charged in addition at the rate in force.
Monthly subscriptions are invoiced one month in advance.
The client chooses an invoice issue date between the 1st and the 28th of each month.
Each monthly invoice is issued on that date and payable within 10 days of issue.
The first billing cycle for a project may be subject to a pro-rata calculation.
Setup fees, development fees, migration fees, redesign fees, site takeover fees or any other one-off service may be invoiced separately.
Where a development or setup invoice is issued, its payment may be a condition for:
FluxFacile may grant, at its sole discretion, staged payment of development fees.
In that case:
The client may request a change in the invoice date no more than once every six months.
The new date chosen must be between the 1st and the 28th.
If the request is made before the new chosen date in the current period, the change may take effect immediately and may give rise to a pro-rata adjustment.
If the chosen date has already passed at the time of the request, the change takes effect in the following period.
Any change in the invoice date may result in a pro-rata amount on the transitional invoice.
Any option, modification or change activated during a period is billed on a daily pro-rata basis.
In the event of an upward or downward tariff change during a billing period, the amount due is calculated on a daily pro-rata basis according to the actual duration of application of each tariff.
Any option activated or deactivated during a period is billed on a daily pro-rata basis until the end of the current billing period.
All invoices issued by FluxFacile are payable by their contractual due date.
In the event of late payment, without the need for a prior reminder:
Late payment penalties are calculated based on the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points, or any mandatory minimum rate applicable under French law.
In the event of non-payment of a monthly invoice:
In the absence of payment, FluxFacile may suspend all or part of the projects covered by the unpaid invoice from 15 calendar days after the due date.
This suspension:
In the event of persistent non-payment beyond 45 calendar days after the due date, FluxFacile may fully suspend the affected service until regularisation.
Service restoration occurs after effective receipt of funds, within a reasonable timeframe based on technical constraints.
Where several invoices exist, the oldest unpaid invoice determines the date on which the relevant services are stopped, even if later invoices have been paid.
FluxFacile cannot be held liable for any direct or indirect damages resulting from a service suspension caused by non-payment of an invoice by its due date.
Each project is activated with an initial one-calendar-month period (initial period).
The client may terminate the project during this first month if the service is not suitable, without any subscription termination indemnity.
In such case, the following remain due:
Unless otherwise stated in the project-specific terms, each project is tacitly renewed on a monthly basis.
The client may terminate at any time with at least one month’s notice, by any written and traceable means (email, letter, customer area or support ticket).
In case of termination at the client’s initiative, all outstanding development fees under an accepted instalment schedule become immediately payable.
No additional indemnity based on a percentage of remaining monthly instalments is due, unless expressly provided in the project-specific terms.
Specific terms applicable to certain project types (scope, deliverables, timelines, reversibility, availability, support or specific financial conditions) are detailed in the quote, project-specific terms or project contract.
In case of conflict, these project-specific terms prevail over these GTS for the project concerned.
Unless otherwise stated, projects developed by FluxFacile include shared hosting, without separate invoicing, as this is included in the project subscription.
Additional solutions may be offered, including:
These solutions may give rise to additional invoicing, including:
A dedicated server is not automatically a redundant dedicated server: the dedicated offer primarily aims at higher performance and isolated resources.
Redundancy requires a specific redundant infrastructure option.
Hosting is defined individually for each project. The same client may therefore have projects hosted on different offers.
When the client subscribes to a dedicated server offer, they may request migration of all or part of their projects to that server. This migration is jointly planned with the client and carried out within the time window agreed by both parties. The technical and financial migration terms are specified in the quote or project-specific terms.
Any hardware acquired, allocated or made available in connection with a project remains the exclusive property of FluxFacile, even if the client has made a financial contribution to its acquisition.
This contribution:
FluxFacile specifies that it covers a substantial portion of the cost of the hardware, without this internal contribution creating any rights in favour of the client.
FluxFacile is bound by an obligation of means and implements reasonable efforts to ensure service continuity according to the subscribed hosting offer.
Shared hosting is suitable for standard needs and may include performance variations linked to shared infrastructure.
A dedicated server improves performance and isolation, but does not by itself constitute a redundancy guarantee.
The client may opt for dedicated or redundant hosting offers to improve availability and performance according to its needs.
As of the effective date of these GTS, FluxFacile does not provide 24/7 on-call support or contractual SLA with automatic penalties, unless expressly provided in project-specific terms.
FluxFacile endeavours, except in emergencies, to carry out maintenance operations between 10:00 PM and 4:00 AM in order to minimise disruption to the client.
Outside emergencies, FluxFacile endeavours to give reasonable prior notice for planned maintenance.
In case of significant continuous unavailability attributable to FluxFacile (excluding force majeure, client fault, or third-party fault), the client may request a proportionate commercial credit on the relevant monthly subscription.
FluxFacile may be engaged for:
These services may be carried out:
The details of the scope, schedule, deliverables and limits of the work are set out in the quote, specific conditions or contract for the project concerned.
Where the client asks FluxFacile to take over, reproduce, adapt or reuse all or part of an existing website, the client declares and warrants that they:
The client expressly authorises FluxFacile to reproduce, adapt and reuse these elements in connection with the requested service.
The client indemnifies FluxFacile against any action, claim or proceeding brought by a third party relating to intellectual property or exploitation rights over the content concerned.
In the event of a dispute, claim or serious doubt regarding exploitation rights, FluxFacile may immediately suspend all or part of the project or site in question, without such suspension giving rise to any liability on its part.
The amounts remaining due under the project become immediately payable in such circumstances.
Unless expressly stated otherwise, FluxFacile retains all intellectual property rights over:
No implicit transfer of intellectual property rights is granted to the client.
For the Showcase Website project type only, FluxFacile may assign to the client, subject to compliance with the conditions below, exploitation rights relating exclusively to the front end specifically developed for the site, namely:
This transfer does not include:
The transfer takes place only after:
Even after this limited transfer, FluxFacile remains authorised to modify the site at the client's request or for technical, maintenance or security reasons, in the context of the ongoing contract.
FluxFacile cannot be held liable for any malfunctions resulting from the separation of the transferred front end from the back-end building blocks, internal tools or non-assigned components.
The client undertakes to:
The client remains solely responsible for:
As part of monitoring, supervision, support and more generally technical services, technical data may be collected and processed (event logs, technical identifiers, machine names, usage traces, connection metadata), some of which may indirectly identify natural persons.
The parties undertake to comply with applicable personal data protection regulations, in particular the GDPR and applicable French data protection laws.
The client remains responsible for the lawfulness of processing carried out within its organisation, including informing employees and users about supervision mechanisms, and ensuring compliance with the principles of proportionality and legitimate purpose.
FluxFacile implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, within the limits of its contractual scope.
Where FluxFacile acts as a processor within the meaning of the GDPR, the parties execute, before or at the latest at the effective start of the relevant processing activities, a Data Processing Addendum (DPA) or equivalent project-specific terms specifying in particular the purpose, duration, nature of operations, categories of data, categories of data subjects, security measures, onward processing, assistance, and data handling at contract end.
Personal data is retained for no longer than necessary for service purposes, legal obligations, contractual evidence management and, where applicable, for the retention periods provided in the DPA or project-specific terms.
In the event of a personal data breach within its scope, FluxFacile notifies the client as soon as reasonably practicable after becoming aware of it, providing the useful information then available and the corrective measures already taken or envisaged.
FluxFacile is bound by an obligation of means.
FluxFacile's liability can only be engaged in the event of proven fault and is, in any event, limited to direct damages only and to the total amount actually collected by FluxFacile in respect of the project concerned over the preceding twelve months.
FluxFacile cannot under any circumstances be held liable for:
nor for the consequences of non-payment by the client.
FluxFacile cannot be held liable for failure to perform its obligations in the event of force majeure or any event reasonably outside its control.
Any dispute relating to an invoice or a service must be submitted in writing within a reasonable time of the date on which the disputed fact became known.
Payment of an invoice may not be suspended without a legitimate and documented reason.
In the event of a partial dispute, the undisputed portion of the invoice remains payable on the due date.
The parties undertake to seek an amicable resolution of the dispute first, within a reasonable timeframe, before initiating contentious proceedings.
These GTS are governed by French law.
Failing an amicable agreement, any dispute relating to their interpretation, execution or validity shall fall under the jurisdiction of the courts in the area where FluxFacile's registered office is located, subject to any mandatory rules of law that may apply.
These GTS come into force from the date they are published online or communicated to the client on a durable medium.
The applicable version is that accepted by the client on the date the project is activated, the quote is signed or the order is placed. The general rules governing B2B GTS and the conditions for communication on a durable medium are governed by the French Commercial Code and administrative guidance.