LEGAL NOTICES
1 Identity
| Name | SAM & CO - Micro-enterprise |
| SIRET Identifier | 902 267 962 00022 |
| Main Activity Exercised (APE) | 63.11Z - Data processing, hosting and related activities |
| Establishment active since | 02/08/2022 |
| Address | 12 Promenade des Lices App. 203 81800 RABASTENS |
| contact@sam-co.fr |
2 General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to the services concluded between SAM & CO - Micro enterprise, hereinafter referred to as SAM & CO and the natural or legal person making the purchase, hereinafter referred to as “the partner”.
It is set out and agreed as follows:
2.1 Price scale
The invoicing of services is done at the rate of €40 / hour including tax.
For invoicing on deliverable, a fixed amount and a delivery date are determined between SAM & CO and the partner and mentioned in the service quote.
2.2 Contract execution terms
The duration of the service and the delivery terms are defined jointly between SAM & CO and the partner in advance and mentioned in the quote.
2.3 Payment terms
Payments are made by bank transfer on the payment dates agreed between SAM & CO and the partner. The RIB of the account to which the transfer must be made is attached to the quote.
2.4 Conditions of late payment penalties
In accordance with Article L441-10 of the French Commercial Code, a late payment penalty rate applies to the amount including tax of the unpaid invoice in the event of late payment. This rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In this case, the rate applicable during the first half of the year in question is the rate in effect on January 1 of the year in question. For the second half of the year in question, it is the rate in effect on July 1 of the year in question. Late payment penalties are due from the day following the payment date shown on the invoice and are applied automatically, without the need for a reminder or formal notice. The amount of late payment penalties is calculated using the following formula:
Amount of late payment penalties = Rate of late payment penalties x Amount including tax of the unpaid invoice x (Number of days late/365)
In addition, a fixed compensation of €40 is due for recovery costs in the event of late payment in accordance with Article D441-5 of the French Commercial Code. If SAM & CO does not comply with the conditions concerning the lump sum compensation, it is liable to a fine of €75,000, pursuant to b) and c) of Article L441-16 of the French Commercial Code.
2.5 Customer’s right of withdrawal
The withdrawal period is 14 days and runs from the conclusion of the contract. Once informed by email of the partner’s decision to withdraw, SAM & CO has 14 days to reimburse any sums paid less a lump sum defined with the partner if all or part of the service has already been undertaken.
2.6 Retention of title clause
The clauses relating to the intellectual property of the service are defined with the partner prior to the performance of the service and mentioned in the service contract.
2.7 Right of representation
The partner authorizes SAM & CO to use its logo as well as the images and logos relating to the projects covered by the service on the website and the GitLab account of the service provider and this for communication and archiving purposes only, throughout the life of the self-employed business.
2.8 Force majeure
The performance of SAM & CO’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. SAM & CO shall notify the partner of the occurrence of such an event as soon as possible.
2.9 Nullity and modification of the contract
If one of the stipulations of the service contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
2.10 Protection of personal data
In accordance with the General Data Protection Regulation (GDPR), SAM & CO and the partner have joint responsibility for data processing and must agree on the distribution of their obligations. As a processor, SAM & CO is subject to four types of obligation:
2.10.1 Transparency and traceability
As part of its transparency and traceability obligation, SAM & CO must:
establish with the partner (data controller) a contract or other legal act specifying the obligations of each party and incorporating the provisions of Article 28 of the GDPR. This contract may be based, in whole or in part, on standard contractual clauses (SCC). They do not necessarily have to be used if the contract contains all the elements referred to in Article 28 of the GDPR that must be included. However, they provide useful support for framing subcontracting in accordance with the requirements of the GDPR. The parties undertake not to amend the clauses, except for the addition or updating of information in the annexes. The parties may, however, include the SCCs in a broader contract or add other clauses or additional guarantees, provided that these do not contradict, directly or indirectly, the clauses or that they do not infringe the fundamental rights and freedoms of the data subjects. These standard contractual clauses cannot be used for the purposes of Chapter V of the GDPR. In the event of a transfer, the dedicated standard contractual clauses should be used,
record in writing the partner’s instructions regarding the processing of its data in order to be able to prove that SAM & CO is acting “on documented instructions from the data controller”,
request written authorisation from its partner in the event of subsequent subcontracting,
provide its partner with all the information necessary to demonstrate compliance with its obligations and to enable audits to be carried out (based, for example, on the CNIL’s reference framework for issuing labels in terms of audit procedures),
keep a register of the categories of processing activities that lists its partners and describes the processing it carries out on their behalf.
2.10.2 Security of data processed
To guarantee data security, SAM & CO must:
comply with a confidentiality obligation,
take all measures to guarantee the data a level of security appropriate to the risks for individuals in the event of a breach,
notify partners of any breach of their data.
At the end of the service and according to the partner’s instructions, SAM & CO must:
delete all data or return it to the client,
destroy existing copies unless there is a legal obligation to keep them,
The contract established between the parties must detail as precisely as possible the conditions for taking these various obligations into account.
2.10.3 Supervision of subsequent subcontracting
SAM & CO does not itself use a subcontractor.
2.10.4 Support for the data controller
SAM & CO must help data controllers to fulfill some of their obligations:
taking into account requests from individuals seeking to exercise their rights (access, rectification, opposition, etc.),
appropriate data security,
carrying out impact analyses on life and freedoms,
notification of data breaches.
2.11 Applicable law and clauses
All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law. In the event of a dispute, the parties may resort to a mediator. If no agreement is reached, the dispute will be settled before the competent court.
Link to the European online dispute resolution (ODR) platform
4 Information on hosting the site
| Company name | Ecritel |
| Address | 19 rue Alphonse de Neuville 75017 Paris – France |
| Web | www.ecritel.fr |
| Tel. | 01 40 61 20 00 |
| contact@ecritel.net |
5 Intellectual property information
5.1 Logos & pictures:
Icons created by Freepik - Flaticon
Photo microfilariae loa loa : Charles D. Mackenzie.
Logo Eco-Emballages, marque déposée
Photo Communities regreen the Sahel : BothENDS