DATA ONE COM SIREN 102234184

General terms of sale

General terms of sale

These general terms of sale (hereinafter the "GTS") govern all relations between DATA ONE COM, SIREN 102234184, and its professional customers (hereinafter the "Customer") in the context of the provision of services and the sale of IT hardware and software offered by DATA ONE COM. They prevail over any purchase conditions of the Customer, except by express written derogation.

Article 1 — Purpose and scope

The GTS apply to the following services, carried out within the framework of the declared activity of DATA ONE COM :

  • Provision of services and technical support in the field of telecommunications (telephone point and DATA point) ;
  • Design, installation and maintenance of networks (connectivity, VoIP/UCaaS, structured cabling) ;
  • Purchase/sale of IT hardware, software and associated licences.

These GTS are communicated to any professional Customer who requests them and are deemed accepted upon ordering.

Article 2 — Quotes, orders and contracts

Each service is the subject of a written quote or a service contract detailing the scope, deadlines, prices and, where applicable, the service-level commitments (SLA). The quote is valid for . The order is firm upon receipt of a signed quote or an accepted purchase order, for hardware sales ; for services, upon signature of the contract or the quote.

Article 3 — Prices and payment terms

Prices are expressed in euros, excluding tax (excl. VAT), and are net, unless otherwise stated. VAT is applied at the rate in force. Unless otherwise stipulated :

  • Recurring services : monthly or annual invoicing, according to the contract ;
  • Projects : staged invoicing (deposit, progress, balance), defined in the quote.

Any late payment entails, automatically and without prior formal notice, the application of late-payment interest at the legal rate as well as a fixed indemnity for recovery costs in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code.

Article 4 — Delivery, installation and deadlines

Delivery or installation deadlines are given for information only and run from the validation of the order and the receipt of the elements necessary for the service. The Customer undertakes to facilitate access to the sites and to provide the required technical information. Delays attributable to the Customer or to third parties (carriers, landlords) cannot engage the liability of DATA ONE COM.

Article 5 — Warranties

Hardware : the equipment sold benefits from the applicable manufacturer's warranty and, where applicable, the legal warranties of conformity and against hidden defects provided for by the French Civil Code. Software : the software is provided under the publisher's licence and subject to its own conditions. Services : DATA ONE COM undertakes to perform the services in accordance with the rules of the art, within the framework of a reinforced obligation of means, and according to the contractual service levels where applicable.

Article 6 — Liability

The liability of DATA ONE COM is limited to direct damages and, except in the case of gross or wilful misconduct, capped at the total amount paid by the Customer for the service concerned over the last twelve months. In no event shall DATA ONE COM be held liable for indirect damages such as loss of business, loss of data or loss of revenue. The Customer remains responsible for backing up its data and configurations.

Article 7 — Recurring services (connectivity, VoIP, support)

Managed service offers (managed connectivity, VoIP/UCaaS telephony, support & maintenance) are the subject of contracts of an agreed duration, renewable by tacit renewal. Each party may terminate them subject to a notice period defined in the contract. Invoiced subscriptions are not refundable pro rata, unless otherwise stipulated. DATA ONE COM acts as a reseller/integrator of third-party carrier services : the provision of loops and trunks remains subject to the conditions and availability of the partner carriers.

Article 8 — Absence of a right of withdrawal

These sales and services being concluded between professionals, the right of withdrawal provided for by the French Consumer Code does not apply.

Article 9 — Intellectual property

The sale of hardware or software does not entail any transfer of intellectual property rights. The trademarks, logos and elements of the site remain the property of their respective holders.

Article 10 — Personal data

The personal data processed in the context of the services is processed in accordance with our privacy policy, as data controller or processor depending on the case (processing agreement where applicable).

Article 11 — Force majeure

Neither party may be held liable for a failure to meet its obligations if this failure results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 12 — Applicable law and jurisdiction

These GTS and the contracts arising from them are governed by French law. In the event of a dispute, and failing an amicable resolution, jurisdiction is attributed to the courts of , notwithstanding plurality of defendants or third-party claims.