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Our Legal Notice

Article 1 - Company Identification

ZOGMA

Headquarters: ul. Szczepanowskiego 11, PL 64-000 KOŚCIAN, POLAND

Tax ID: PL 697-186-53-78

Email: contact@zog.ma

Website: www.zog.ma

Article 2 - Purpose

ZOGMA is a company engaged in consulting and implementing projects in the field of new information and communication technologies. This document aims to define the rights and duties of ZOGMA and the Client in the performance of services related to ZOGMA's fields of activity: study, advice, organization, design, implementation, promotion, management, administration, training, and project monitoring in the field of new technologies (internet, intranet, etc.).

Article 3 - Terms of Sale

Any purchase of services marketed by ZOGMA implies full and unconditional acceptance of the general sales conditions. No specific condition can prevail against our general sales conditions without formal written acceptance on our part. Any condition set by the client will therefore be unenforceable in the absence of express written acceptance from us. The fact that we do not at any time invoke any of the general sales conditions cannot be interpreted as a waiver to later invoke any of the said conditions.

Article 4 – DATA PROTECTION

IMPORTANT NOTE REGARDING GDPR

ZOGMA cannot be held responsible for the interpretation and use made by the client of GDPR regulations. It is only obliged to assist its client in complying with its website. Its liability cannot be engaged in the case where:

  • the client uses external services of which ZOGMA is not aware or did not originate or integrate
  • the external services concerned do not allow the deletion or modification of tracking cookies
  • one of ZOGMA's suppliers has not met its own GDPR obligations
  • the data protection regulation evolves

The client thus acknowledges that the GDPR compliance assistance provided by ZOGMA does not exempt them from their own GDPR obligations, and that in any case, it only concerns the compliance of their website and not other obligations to which they are subject. They must, in particular, ensure with their legal department and/or counsel the relevance and validity of ZOGMA's intervention in relation to the information at their disposal.

Article 5 - Liability Linked to the Service

5.1 - The responsibility of ZOGMA is limited to the website or application and to its content over which it has direct control.

5.2 - ZOGMA cannot be held responsible for any connections of all types, ensured by other service providers.

5.3 - ZOGMA cannot be held responsible for accidental or deliberate damages caused by third parties to the client due to their connection to the Internet.

5.4 - ZOGMA cannot be held responsible, in the context of a site managed by the client or ZOGMA, for the loss, theft or dissemination of client access codes.

5.5 - For any order of creation and hosting, ZOGMA reserves the right to refuse text, illustrations and generally all content that are contrary to good morals, or in violation of legislation.

5.6 - ZOGMA reserves the right to insert a mention on the client's site stating that it is the author.

Article 6 - Client Obligations

6.1 - In the case where the client provides ZOGMA with the necessary information for the execution of the order, this information must be transmitted according to ZOGMA's specifications. The realization of the website and/or associated services ordered will be carried out within a deadline set at the order only from the moment of receipt of all the information necessary for this realization.

6.2 - In the case where ZOGMA ensures the editorial content such as texts, photos, and video in addition to the information provided by the client, article 6.3 also applies.

6.3 - All information having been selected by the client prior to their distribution, ZOGMA can in no case be held responsible for their content. At the acceptance of the order, we presume that the client possesses the copyright or reproduction rights, and assumes all responsibility for any damage resulting from a violation of copyright or reproduction rights belonging to a third party.

6.4 - ZOGMA cannot be held responsible for the non-functioning of all or part of the Internet site in the case of hosting not provided by its services.

6.5 - The client is aware that ZOGMA remains the sole owner of the reproduction rights of its internet creations, resulting notably from literary and artistic property. Any representation or reproduction even partial made without authorization is unlawful.

6.6 - In the context of the sale of custom components or extensions, the client is informed that they are in no case authorized to resell, distribute, or assign, in any form whatsoever, the files or the source code acquired from ZOGMA.

Article 7 - Pricing of Services, Invoicing, Payment

7.1 - The prices of the services - creation of Internet site, creation of Application, purchase of domain name, SEO - offered are those mentioned in the quote; they are exclusive of taxes and are payable in euros according to the following modality: 50% at the order and 50% on delivery, unless another agreement specified on the quote. The rates are guaranteed without variation upon signing the order, except in cases of force majeure, as specified in the context of Article 18.

7.2 - The signing of the quote by the client acknowledges the receipt of the deposit.

Article 8 - Property

In accordance with the law of January 25, 1985, the transfer of ownership of the services subject to the invoice will only be effective at the time of full payment of the price mentioned.

Article 9 - Hosting and Management of the Site

9.1 - Hosting Services

The client hosting services offered are provided by a third-party partner.

The hosting offer is necessarily linked to one or more services from us. The transfer of DNS to our partner's server is possible if one or more services from us are linked to it. In any case, the client will be able to access the administrative and technical information necessary for accessing his/her hosting(s).

9.2 - Responsibility

9.2.1 - In the event of failure of this partner, our company commits to finding and proposing all possible solutions to remedy it, but ZOGMA disclaims any responsibility for the consequences of this failure whose causes cannot be directly attributable to our company.

9.2.2 - Under no circumstances can ZOGMA be held liable following any action or recourse by third parties, notably due to: information, images, sounds, texts, videos contrary to current laws and regulations, contents and/or broadcast on the client's site(s); defective products that the client has sold through his/her sites; violation of intellectual property rights relating to works broadcast, in whole or in part, on the client's site(s); suspension and/or termination of accounts, notably following non-payment of sums due for the conservation of domain names.

9.2.3 - ZOGMA cannot be liable for any taxation or other fees related to purchases made from the client's site. The client agrees to take full responsibility for taxes and fees of all kinds associated with the products sold.

9.2.4 - Due to the characteristics and limitations of the Internet, ZOGMA cannot be held liable for, in particular, difficulties in accessing the hosted site due to network saturation at certain times; contamination by viruses of the client's data and/or software; malicious intrusions by third parties on the client's site; malfunctioning of equipment or client's lack of expertise, problems related to the telephone network or the Internet and/or in case of force majeure; possible misappropriation of passwords, confidential codes, and more generally any sensitive information for the client.

9.2.5 - Use of the Account

The client account is strictly personal, it is accessible by a login and confidential password. The client is responsible for the use of his/her login and password, any connection made using these login and password will be deemed to have been made by the client. ZOGMA will in no case be responsible for the loss, theft, or dissemination of the login and password.

9.2.6 - Prices of services, invoicing, payment

The prices of rents and associated services are those mentioned in the quote; they are exclusive of taxes, are payable in euros, in advance and upon receipt of the invoice. The prices of rents paid in advance are guaranteed for the concerned period. ZOGMA reserves the right to change its prices at any time subject to a notice of one (1) month. In case of refusal of this change, the client must, by registered letter with acknowledgment of receipt, request the termination of this contract before the end of the one (1) month period referred to in Article 9.3. Failing this, the new rates will be deemed irrevocably accepted and will be applied to the invoicing that follows the expiration of the aforementioned period.

9.3 - Duration, Renewal, and Termination of the Contract, Suspension

9.3.1 - The contract is concluded for an annual duration that begins to run from the date of its conclusion. The contract is renewed by tacit agreement for a duration identical to that set at its previous conclusion, according to the rates and conditions of ZOGMA at the date of its renewal, except for termination by one of the parties under the conditions of Article 9.3.3.

9.3.2 - The client will be notified by email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal

9.3.3 - Any termination must be made by registered letter with acknowledgment of receipt addressed to: ZOGMA – ul. Szczepanowskiego 11, PL 64-000 KOŚCIAN, POLAND. No later than 1 month before the anniversary date of the contract.

9.3.4 - Taking into account Article 9.3.2, ZOGMA may cease its service at any time by this contract without penalty, if the client does not follow the terms of this contract, including non-payment, ZOGMA reserves the right to charge restoration fees. Accounts whose invoices are unpaid beyond 7 days may see their service interrupted, and all files and emails from the account may be rendered unusable. This interruption of service does not relieve the client of the obligation to pay current invoices, only a written request to stop the account will be taken into account.

Article 10 - Order

Our general sales conditions apply to all our sales and/or services. By signing the document named order form, quote, or commercial proposal, the client accepts without reservations our sales conditions and renounces any application of his/her possible general conditions of purchase. The orders from our clients are firm after the legal retraction period or unless otherwise indicated by us within eight days from the receipt of the order form.

Our quotes and order forms are deemed valid for a duration of 1 month (30 days).

Article 11 - Deadlines

The delivery deadlines indicated are only valid within the technical and human capacities of ZOGMA to respond to orders. The client cannot demand from ZOGMA either the delivery of the order on the scheduled date or any compensation of any kind. The client remains liable for the agreed sum.

Article 12 - Payment Delay

Any incident and/or payment delay at the due date will result in the application of a late payment penalty, provided by law 92-1442 of December 31, 1992, art. 3-1 al. 3, equal to one and a half times the legal interest rate on the due sums, as well as the billing of all financial, filing, formal notice, and recovery fees corresponding, without prejudice to the suspension and/or termination of this contract.

Article 13 - Taxes

ZOGMA reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.

Article 14 - Information Obligation

The client undertakes to inform, in writing, ZOGMA of any change concerning their situation (including change of address, etc.).

Article 15 - Confidentiality

ZOGMA is bound to respect the confidentiality on all operations it carries out on behalf of the client. ZOGMA prohibits any personal use of the basic data, files, and results of the treatments without the express authorization of the client. In general, the documents or information entrusted by the client as well as the states and documents resulting from their treatment by ZOGMA are treated with the strictest confidentiality.

Article 16 - Computing and Freedom

The client may exercise their individual right of access and rectification with ZOGMA, in accordance with the provisions of law no. 78-17 of January 6, 1978, for all information communicated within the framework of the order form or the training convention.

The client deals with any declaration to the National Computing and Liberties Commission (CNIL) concerning the use of their Internet site unless the service offering includes this scope.

Article 17 - Force Majeure

Cases of fortuitous event or force majeure such as: theft or destruction of the production tool, total or partial strikes hindering the proper functioning of our company or that of one of our suppliers, subcontractors, or carriers, as well as the interruption of transport, of the supply of energy, of raw materials, or of spare parts, have the effect of suspending our contractual obligations.

Article 18 - Applicable Law and Jurisdiction

By express agreement, the orders for services are governed by French law. In the event of a dispute, both with our suppliers and with our clients, exclusive jurisdiction is granted to the Commercial Court of Draguignan (83).

Article 19 - Miscellaneous Provisions

If any of the clauses of these general conditions prove to be invalid or unenforceable under a law or regulation or following an enforceable decision of a court or competent administrative authority, this clause will be deemed unwritten and the rest of the contract will retain its full effect.