General terms and conditions of sale Nalios Alpes-Maritimes & Monaco

1. Application 

These General Terms and Conditions of Sale apply to all services provided by the Company. 

Any order or signing of a quote implies full and complete acceptance of these GTC, to the exclusion of the Client's general conditions. 

These GTC are exclusively addressed to professionals acting within the scope of their activity. 

2. Services 

The Company operates in the following areas: 

• Consulting in organization and digital transformation;  

• Integration and configuration of the Odoo solution;  

• Data migration;  

• User training;  

• Support and maintenance;  

• Hosting and support Odoo.sh ;  

• Supply of computer hardware and peripherals ;  

• Specific developments and interconnections.  

The Company may use subcontractors for all or part of the services. 

3. Client Obligations 

The Client agrees to provide all necessary information for the proper execution of the services. 

The Client remains solely responsible: 

• for the accuracy of the information provided ;  

• for their management choices ;  

• for the validation of business processes ;  

• for the protection of their computer system.  

Any delay in the transmission of necessary elements may result in a corresponding shift in the project schedule. 

4. Company Obligations 

The Company is bound by an obligation of means. 

It implements the necessary skills and resources to carry out the services in accordance with the rules of the trade. 

Regarding Odoo support services: 

• tickets related to standard Odoo features and bugs may be submitted to [email protected] ;  

• out-of-scope requests may be subject to additional billing.  

5. Out of Scope 

Any additional request or out-of-scope request initially defined in the quote, functional analysis, or specifications validated by the Client will be billed based on the time spent, at the current hourly rate of Nalios Alpes-Maritimes & Monaco, without applying any commercial discounts granted in the context of the initial project. 

6. Liability 

The Company's liability is limited to direct damages. 

In any case, the Company's total liability is limited to the amount excluding taxes charged to the Client for the relevant project. 

The Company cannot be held liable: 

• for errors arising from information provided by the Client;  

• for management decisions of the Client;  

• for misuse of the solution;  

• for a backup failure performed by the Client;  

• for force majeure events.  

7. Pricing and billing 

Services are billed according to the conditions defined in the accepted quote. 

Invoices are payable in cash unless otherwise stated. 

Any dispute must be made in writing within fourteen (14) days following the issuance of the invoice. 

In case of non-payment at maturity: 

• fixed collection fee of €40;  

• late interest in accordance with Article L441-10 of the Commercial Code;  

• penalty clause of 10% of the amounts due with a minimum of €60.  

The Company may suspend any ongoing service until full payment of the amounts due. 

8. Tacit validation 

Any service, delivery, configuration, development, training, or document provided to the Client is deemed accepted without reservation unless a motivated written dispute is sent to Nalios Alpes-Maritimes & Monaco within thirty (30) calendar days following its delivery or availability. 

9. Intellectual property 

The methods, documents, training materials, analyses, developments, deliverables, and documents created by the Company remain its intellectual property until full payment of the amounts due. 

The Client benefits from a right of use for its own needs. 

10. Confidentiality 

Each Party agrees to keep strictly confidential the information communicated in the context of the execution of the services. 

11. Personal data 

The Company processes personal data in accordance with the General Data Protection Regulation (GDPR). 

The collected data is used exclusively for: 

• commercial management;  

• the execution of the services;  

• billing;  

• legal obligations.  

The Client has the right to access, rectify, delete, and port its data. 

Any request can be addressed to: [email protected] 

12. Hosting and backup 

When the Company provides hosting or Odoo.sh support services, it implements reasonable means to ensure the availability and security of the data. 

The Client remains responsible: 

• for the preservation of its data;  

• for its backups;  

• for the passwords of its users;  

• for compliance with the regulations applicable to its data processing.  

13. Commercial reference 

Unless written or email opposition from the Client, Nalios Alpes-Maritimes & Monaco is authorized to include the name, the trade name, the logo, and a brief description of the completed project among its commercial references, on its communication materials, its website, its social media, its commercial proposals, and its presentations.

14. Force majeure

No Party shall be held liable for the non-performance of its obligations resulting from a case of force majeure as defined by French case law.

15. Applicable law and competent jurisdiction

These General Terms and Conditions are subject to French law.

In the event of a dispute, the Parties will strive to seek an amicable solution.

Failing an amicable agreement, the Commercial Court of Cannes shall have sole jurisdiction.