General Terms and Condition of sales
Introduction
These general terms and conditions of sale (the “Terms”) apply to all services provided by Ketchup Ketchup Advertising Agency SARL-S (the “Agency”) to its clients (the “Client”). By purchasing services from the Agency, the Client agrees to be bound by these Terms.
Services
The Agency shall provide the services agreed upon in the signed service contract between the Agency and the Client (the “Service Contract”).
Invoices
Once the Service Contract is signed, the Client shall pay a deposit of 25% of the total cost of the services before the Agency begins work on the project. If the deposit is not paid within a month, the agreement will be considered as canceled.
Once the project is developed and before the deployment, the final invoice will be issued and must be paid within 2 weeks after receipt. If exceeded, the Agency is entitled to charge fees to the Client, and if necessary to cancel the project. If it is the case, the Agency is not held to return the deposit to the customer.
Documents
The Client shall provide any requested documents to the Agency within a maximum period of 1 month from the date of the request. The Agency is not responsible for any delays caused by the Client’s failure to provide requested documents in a timely manner. In case of a delay caused by the Client’s failure to provide requested documents in a timely manner, the agency is entitled to invoice the customer on a monthly basis, or to suspend the contract without reimbursement of the deposit.
Delivery
The Agency commits itself, after receipt of the deposit, to keep the Client informed of the progress on a regular basis and present to the customer a first model for the service(s) requested within one month. The customer is authorized to request minor adaptations in order to respond as much as possible to the needs defined in the specifications.
If the agency is not able to deliver the service, the deposit would be fully returned to the client and no penalty could be claimed to the agency.
Warranty
The Agency warrants that the services provided under the Service Contract shall be performed in a professional and workmanlike manner. The warranty period shall be 1 month from the date of completion of the services. After this period, the Agency is entitled to invoice the Client if any intervention is needed.
A maintenance subscription is available at the Client’s request to keep the website up to date. The Client can also request access to its website in order to maintain it. If this is the case and in case of issues, the agency can not be held responsible for problems generated by improper handling and is entitled to invoice the Client if an intervention or a backup is necessary.
Service Uptime
Websites developed by the Agency will be hosted on a platform that offers a service uptime guarantee (the “SLA”) of 99.9%. If the hosting platform fail to maintain the SLA, the agency can not be held responsible.
Changes to these Terms
The Agency reserves the right to update or modify these Terms at any time without prior notice. The Client’s continued use of the Agency’s services following any changes to these Terms shall indicate the Client’s acceptance of such changes.
Miscellaneous
This Service Contract, together with the Terms, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.