Terms and Conditions of Sale

1. Purpose and scope

These Terms and Conditions of Sale ("TCS") govern the sale of subscriptions offered by OUSSOFT, a simplified joint-stock company (SASU), to business and consumer clients. Any subscription implies unreserved acceptance of these TCS, which prevail over any other client document, unless otherwise agreed in writing.

2. Seller identification

Subscriptions are sold by:

3. Description of services

The main OUSSOFT offer is an all-inclusive subscription including:

• Design and launch of a professional website
• Managed hosting with monitoring
• Ongoing maintenance, updates and security
• Dedicated support by chat and email

4. Pricing and billing

The prices in effect on the subscription date are as follows:

• Monthly subscription: €29 excl. VAT per month
• Annual subscription: €290 excl. VAT per year (equivalent to ten months, two months free)
• Prices are exclusive of tax. Applicable VAT will be added at the prevailing rate when invoicing
• OUSSOFT reserves the right to modify its prices. Any change will be notified to the client at least thirty (30) days before it takes effect and will only apply to new subscriptions or renewals after that notification

5. Duration, renewal and commitment

The subscription terms are as follows:

• Minimum six (6) month commitment: by subscribing, the client agrees to maintain the subscription for a minimum period of six (6) consecutive months from the effective date
• After the commitment period, the subscription is automatically renewed for successive periods of one (1) month (monthly plan) or twelve (12) months (annual plan), unless cancelled by the client under the conditions set out in section 8
• The subscription takes effect on the date of validation of the subscription and first payment
• For annual subscriptions, the minimum six (6) month commitment still applies; the balance of the prepaid annual period is non-refundable in case of early cancellation after the minimum commitment

6. Payment terms

Payment is made as follows:

• Payments will soon be processed via the secure Stripe platform
• The client may pay by credit card (Visa, Mastercard, American Express)
• Payment is due in advance at each monthly or annual billing cycle according to the chosen plan, by automatic charge
• In case of payment default or charge rejection, OUSSOFT reserves the right to suspend access to services after a formal notice remains unanswered, without prejudice to collection of amounts due
• An invoice is sent to the client at each billing cycle by electronic means

7. Right of withdrawal

In accordance with French Consumer Code articles L221-18 et seq., consumer clients have fourteen (14) days from contract conclusion to exercise their right of withdrawal without giving reasons or incurring penalties.

• The withdrawal period expires fourteen (14) days after the contract conclusion date
• To exercise this right, the client sends their decision by email to [email protected] or by post to OUSSOFT, 60 RUE FRANCOIS IER, 75008 PARIS, before the deadline expires
• Under article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised if service execution has begun, with the consumer's prior express agreement and express waiver of the right of withdrawal, before the end of the fourteen (14) day period
• In case of valid withdrawal, OUSSOFT will refund all amounts paid within fourteen (14) days of notification, using the same payment method as the original transaction
• The client may use the standard withdrawal form annexed to the French Consumer Code in their withdrawal notification

8. Cancellation

Subscription cancellation terms are as follows:

8.1 During the commitment period

During the minimum six (6) month commitment period, the client may not cancel the subscription early except in duly justified force majeure or with OUSSOFT's written agreement. If the client unilaterally cancels during this period, they remain liable for all remaining monthly payments until the end of the commitment period.

8.2 After the commitment period

After the minimum commitment period, the client may cancel the subscription at any time with thirty (30) calendar days' notice by email to [email protected]. Cancellation takes effect at the end of the notice period and last billed month.

8.3 Cancellation by OUSSOFT

OUSSOFT reserves the right to cancel the subscription in case of serious breach by the client (including payment default, unlawful use of the service), after a formal notice remains unanswered for fifteen (15) days. In case of cancellation for client fault, amounts due for the remaining commitment period remain payable.

9. Service delivery

Service activation occurs within a reasonable time after subscription validation and receipt of the first payment, generally within fifteen (15) business days. OUSSOFT will inform the client of any significant delay. Services are provided electronically; no physical delivery is made.

10. Warranties and liability

OUSSOFT undertakes to provide services in accordance with the subscribed offer description and with professional care.

• The client benefits from the legal guarantee of conformity (French Consumer Code articles L217-4 et seq.) and the guarantee against hidden defects (French Civil Code articles 1641 et seq.), where applicable
• OUSSOFT's liability is limited to the total amount actually paid by the client for the subscription over the twelve (12) months preceding the event giving rise to liability. OUSSOFT shall not be liable for indirect damages (loss of revenue, data loss, reputational damage, etc.)
• OUSSOFT shall not be liable in case of force majeure or circumstances beyond its control (network outage, hosting provider interruption, etc.)

11. Intellectual property

Unless otherwise stipulated in a specific contract, OUSSOFT retains intellectual property of the elements it develops. The client has a right to use the site and deliverables for the duration of the subscription. Upon cancellation, OUSSOFT may suspend access to the hosted site. Transfer or handover conditions are subject to a separate agreement.

12. Personal data

Personal data collected as part of the subscription is processed in accordance with our Privacy Policy.

13. Complaints and mediation

In case of dispute, the client is invited to contact OUSSOFT first to seek an amicable solution.

• Any complaint may be sent to [email protected]. OUSSOFT commits to respond within fifteen (15) business days
• Under article L612-1 of the French Consumer Code, consumer clients have the right to use a consumer mediator free of charge for amicable dispute resolution. The competent mediator's contact details will be provided on request or are available at www.economie.gouv.fr/mediation-conso
• Consumer clients may also use the European Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr

14. Governing law and jurisdiction

These TCS are governed by French law. In case of dispute and failing amicable resolution, the courts with jurisdiction over OUSSOFT's registered office shall have exclusive jurisdiction, subject to mandatory legal provisions applicable to consumers (including the consumer's domicile forum).

15. Changes to TCS

OUSSOFT reserves the right to modify these TCS at any time. The applicable TCS are those in effect on the subscription or renewal date. Any material change will be notified to the client by email at least thirty (30) days before it takes effect.

16. Contact