Terms of use
Preamble
The general conditions of sale described below detail the rights and obligations of Eyes On Target and of its client within the framework of the sale of its services.
All services performed by Eyes On Target therefore imply the buyer's unreserved acceptance of these general conditions of sale.
Article 1 - Principles
These general conditions concern the provision of professional services (provider / buyer).
These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services provided by the service provider to buyers of the same category.
The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.
If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which are headquartered in Croatia.
These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.
The supplier reserves the right to derogate from certain clauses hereof, depending on the negotiations carried out with the buyer, by establishing special conditions of sale.
The service provider can, moreover, establish categorical general conditions of sale, derogations from these general conditions of sale, according to the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will be subject to these categorical general conditions of sale.
These general conditions of sale are applicable until December 31, 2022.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of the services offered by the service provider to the buyer.
Article 3 - Information on services
The services governed by these general conditions are those which appear on the service provider's website and which are indicated as carried out by the service provider or under his control. They are offered within the limits of the service provider's availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held liable.
Article 4 - Price
Calculation
Unless otherwise agreed, the price of services is established according to the number and experience of the staff required, the level of competence and responsibility required; hourly rates are revised periodically. The costs of travel, subsistence and accommodation incurred for the performance of the services will also be invoiced, if applicable. VAT at the rate in force is added, where applicable, to fees and disbursements. Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees liable to be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and / or problems as soon as they arise in order to be able to assess the consequences with him. Invoices will be issued corresponding to the services provided and the disbursements incurred by provision and as they are realized. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: within 30 days of the date of the invoice.
Late penalties
In accordance with the law, any late payment obliges the service provider to charge late penalties. The rate of late payment penalties is established on the basis of the rate of 5% per month; in addition, the late debtor will be required to pay the service provider a lump sum compensation for recovery costs of EUR 40; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being able to be considered as being attributable to him.
Deposit
Any order, as defined above, gives rise to the payment of a deposit calculated according to the following methods:
35% to 50% of the price + service charges if applicable. Except in cases of force majeure, any cancellation of the order by the buyer beyond a period of 10 days after the date of the order may not give rise to the reimbursement of this provisional deposit.
Discount
The buyer benefits from the discounts and rebates appearing in the service provider's prices, under the following conditions: during a long-term project; the decision to grant discounts and rebates is taken on a case-by-case basis.
Rules
The payment of the order is made by bank transfer or by sending cryptocurrency. The service provider reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment.
The service provider reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The service provider has set up an order verification procedure intended to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the buyer may be asked to send, by fax or email, to the service provider a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the service provider of the documents sent.
Term payment
The price is payable in full and in a single payment, within 30 days of the date of the invoice. This deadline will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate payment of all sums due to the service provider by the buyer, without prejudice to any other action that the service provider would be entitled to bring, in this respect, against the buyer. .
Accepted currencies
We accept payment from all major FIAT currencies, such as USD, CHF, EUR, GBP, HRK.
We also accept cryptocurrency payments for the following coins:
BTC, ETH, BNB, BUSD, USDT, ADA, SOL. For crypto-currency payments, we will send you a QR code as well as the address of our wallet for the coins in question.
Article 5 - Intervention deadlines
Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the response times will be, within the limits of the service provider's availability, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email or on the mandate contract.
In the event of delay, the provider cannot be held liable, for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the buyer.
If the service provider is unavailable to perform the service, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the option of requesting reimbursement of the sums paid within 30 days of their payment at the latest.
Article 6 - Methods of implementation
The realization is started only after confirmation of the payment by the banking organization of the service provider.
It is provided within the time period specified on the order form, from the receipt by the service provider of the order form.
In the event of non-compliance with the terms of payment appearing above, the seller may suspend or cancel the service.
Article 7 - Obligations of the service provider
The service provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider assigned to the performance of the services professionals with the skills required to ensure their performance in accordance with its quality standards.
Article 8 - Buyer's obligation
In order to facilitate the proper performance of the services, the buyer undertakes:
to provide the service provider with complete, accurate and timely information and documents without being required to verify their completeness or accuracy;
making timely decisions and obtaining the necessary hierarchical approvals;
to designate a correspondent vested with decision-making power;
to ensure that the key contacts and the correspondent are available throughout the performance of the services;
to inform the service provider directly of any possible difficulty relating to the performance of the services.
Article 9 - Information and publicity
The buyer recognizes and accepts:
that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by electronic mail circulating on the Internet;
that neither party exercises control over the capacity, reliability, access or security of these e-mails;
that the service provider cannot be held responsible for any loss, damage, costs or prejudice caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any fact. In general, the parties undertake to comply with the regulations applicable to the protection of personal data.
Confidential information
Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, affairs, various internal policies, projects and personnel of each of the parties. Subject to the exceptions set out below, this confidentiality obligation will take effect for the following period: in perpetuity following the end of the services. Also of a confidential nature, the content of the services as well as the reports, letters, information, notes, quotes, provided by the service provider during the performance of the services. These documents are communicated to the purchaser for strictly internal use and on the condition of not disclosing them to third parties or attaching them to a document that he may produce. If the buyer wishes all or part of these documents to be disclosed to / or used by a third party, he must request prior written authorization from the service provider. The terms applicable to this disclosure will then be set.
Excluded Information
The above obligations and restrictions do not apply:
confidential information which belongs to the public domain, or has been freely acquired before the start of the service;
are or become known other than as a result of a violation of this article;
are or become known through other sources not bound by any disclosure restriction;
or must be disclosed by virtue of a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to its confidentiality obligations, the service provider reserves the right to perform services for companies competing with that of the buyer.
Article 10 - Intellectual property
In the event that one of the service provider's recommendations or the use of elements delivered following one of its recommendations would involve the use of goods, models, drawings, photographs, etc. being the subject of intellectual property rights belonging to third parties, the service provider will inform the purchaser of the existence of these rights and of the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure such that the service provider is able to avail himself of them for the needs of the services.
For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In certain cases, these aids can be made available to the purchaser and at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs, they are made available to the buyer for the duration of the contract as is and without any warranty. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any assignment of rights or guarantees, whatever the title, for the benefit of the purchaser or that of the third party.
The service provider reserves all rights, title and interest in:
the original elements appearing in the proceedings, documents, memos, consultations, opinions, conclusions or other pleadings, etc. produced as part of the services, including without limitation, any copyright, registered trademark and any other related intellectual property right;
all the methods, processes, techniques, developments, and know-how, whether or not incorporated into the services or that the service provider would be required to develop or provide as part of the services.
The buyer may, without geographical limitation, free of charge and irrevocably, use internally and for the term of protection by copyright, the elements designed by the service provider and incorporated into his work. The purchaser is prohibited from distributing, marketing, and more generally making available or conceding the use of these same creations and more generally from conceding the use of these same elements to third parties without the agreement of the service provider.
No party may mention or use the name, denomination, brands and logos or other designations, commercial or not, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the name, denomination, trademarks and logos of the purchaser and during the contract to the extent that is strictly necessary for the performance of the services, including in proposals for subsequent services.
Article 11 - Documents
The service provider will keep the original documents that have been given to him, and will return them to the buyer, on his request. All documents, data or information that the buyer has provided will remain his property.
The service provider will keep a copy of the only documents necessary for the constitution of working files.
The working documents prepared within the framework of the services are our property and are covered by professional secrecy.
Article 12 - Independence
In the event that a conflict of interest or a problem arises during the performance of the services, the service provider will immediately inform the buyer and seek with him the most suitable solution to the situation in compliance with the rules. applicable. More particularly, if a modification of the regulations or professional standards prohibits the service provider from continuing its services, it will make the results of the services available to the purchaser as well as all the documents necessary for their finalization, including its Documents in it. state, in order to facilitate prosecution by a third party.
Article 13 - Responsibility of the service provider
The entire liability of the service provider and that of its employees relating to any breach, negligence or fault noted during the performance of the services will be capped at the amount of fees paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to litigation. This stipulation will not apply to a liability for death or bodily injury, nor to any other liability that the law prohibits to exclude or limit.
The provider's liability can only be engaged in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind.
In addition, the provider cannot be held liable in the following cases:
following a breach or deficiency of a product or service whose supply or delivery is not the responsibility of it or its possible subcontractors;
for facts and / or data which do not fall within the scope of the services, and / or which are not an extension thereof;
in the event of use of the results of the services, for an object or in a context different from that in which it intervened, of incorrect implementation of the recommendations or of failure to take into account the reservations of the service provider.
The service provider is not liable for its insurers or for indirect damages, nor for loss of profit or loss of opportunity or expected profits, nor for the financial consequences of actions that may be brought by third parties against the buyer.
Article 14 - Guarantee
The service provider guarantees the purchaser against any lack of conformity of the services and any hidden defect resulting from a design or supply defect of said services to the exclusion of any negligence or fault of the purchaser.
In any event, in the event that the provider's liability is retained, the provider's warranty would be limited to the amount excluding tax paid by the buyer for the provision of the services.
Article 15 - Transferability and subcontracting
The service provider reserves the right to transfer all or part of the performance of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the service provider will inform the buyer about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all the information of which he becomes aware during the services.
Article 16 - Complaints
All complaints, whether amicable or legal, relating to the performance of the services must be made within one year from the end of the performance of the service.
Article 17 - Force majeure
All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous, in addition to those usually retained by the case law of European courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning , the shutdown of telecommunication networks or difficulty specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 18 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 19 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 20 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21 - Protection of personal data
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Article 22 - Applicable law
These general conditions are subject to the application of European and Swiss law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute which may arise from the performance of the services. If they fail to do so, the parties will submit the dispute to the competent commercial court.