Terms and Conditions
Article 1 – Scope of the general conditions for the creation of the website:
1.1 The purpose of this Agreement is to define the terms and conditions and the methods by which goned provides services to its Customer. All features of these services are detailed on the website accessible at ” https://goned.studio”.
1.2. These General Terms and Conditions of Sale govern the commercial activity of creating websites and other Internet-related products and services for goned.
1.3. The signing of the quotation with the mention of the agreement implies the customer’s unreserved acceptance of these general conditions of sale.
1.4. The design of the website must comply with the attached specifications.
Article 2 – Definition:
As used herein, each of the following expressions shall have the meaning ascribed to it below, namely:
goned is the trade name of GENERAL OFFICE SOLUTIONS S.R.L., CUI: 44854196, Reg. Com. J3/2103/2021 , legal person of Romanian nationality, with registered office in Călinești
Customer: means any natural or legal person who signs a purchase order or quotation in paper or electronic format.
Services: refers to all services of any kind provided by goned on behalf of the Customer.
Supplier: means any natural or legal person with whom goned enters into any contract the subject matter of which relates to or results from the services provided.
Network: a set of facilities which ensure either the transmission or the transmission and routing between the terminal points of this network of data or telecommunications signals and the exchange of associated control and management information. Whether the network is internal, local, public, private or other is irrelevant here; the term refers to both the intranet and the Internet.
Internet: set of networks of all sizes interconnected by the IP protocol.
Website: structured set of pages in HTML format, composed of textual, graphical, photographic, audio or video elements in standardized formats.
Web space: designates a storage space allocated by a provider for hosting each customer’s website.
Makeover: includes changing existing colours (background, bar, fonts), changing fonts, changing existing text. Graphics, bars and/or navigation buttons are excluded.
Redesign: is assimilated to a website creation with a new design and will be billed at the creation rate.
A4 page: is defined as follows: regular layout (margins: 2.5 – 12 point font, Times New Roman).
Article 3 – Services offered:
3.1. Design and creation of websites for companies, associations, mayors, craftsmen, communities.
3.2. Creation of fully customised graphic cards – static or dynamic websites.
Redesign of existing websites.
Redesign of existing websites.
3.5. Maintenance of websites created by GoNed or already existing.
3.6. Create different graphics: .gif, .jpg, .png. Banners, banners, buttons, logos, illustrations. Flash animations, javascript insertion.
3.7. Manual referencing of the site created in the various search engines – directories – specialised directories – portals.
3.8. This list is not exhaustive and is expected to evolve according to customer requests.
Article 4 – Conditions for creating the site:
4.1 Upon your simple request, we will send you a free quotation by post or e-mail, valid for 1 month from the date of sending the quotation. Studies, quotations and documents delivered or sent by us remain our property; therefore they cannot be communicated to third parties for any reason by the buyer. We reserve the right to refuse any request that does not comply with the conditions below (see paragraph 2.3) or for any other reason that is technical or beyond our control.
4.2. Legal compliance: the client has full freedom with regard to the content of its web space, as long as it complies with the laws and regulations in force, respecting copyright, copyright and intellectual property rights on the images or other files it provides (the client remains responsible for this verification and must be required to provide proof of this if requested). In particular, the publication of any form of content directly or indirectly associated with: – pornography and erotica, pirated software, racist, defamatory or discriminatory content, content violating human rights in general, online gaming activity is excluded. , violence in any form (human, animal or harmful to the environment), infringement of intellectual property rights relating to works contained or disseminated, in whole or in part, on the customer’s website. We release the company from any liability in the event of subsequent changes by the customer to the content of the pages created.
4.3. Conclusion of the contract: Following the customer’s acceptance of our quotation by return email or with the mention “well agreed” followed by the customer’s full name and postal address instead of the digital signature or return by post with the mention “well agreed” followed by the customer’s signature and the customer’s specification of the chosen payment method with full references, then upon receipt and collection of the requested payment (see terms at the bottom of the page), we ship then remove the placed order as soon as possible. Any non-payment by the customer will result in automatic termination of the contract concluded. The price of the service will depend on the quantity of pages to be created, as well as the planned updates to the number and quality or complexity of the image files (regardless of format) that the client will ask us to create, especially as part of a fully customised production. goned offers the possibility of manual referencing in search engines, portals and specialised directories at an additional cost. goned does not guarantee the results of website listings in search engines, as this depends on several factors that the client must also comply with. goned is therefore only bound by an obligation of means. Any contract accepted and settled cannot claim any refund.
4.4 Creating websites: The website creation service includes the creation of a general website structure, a graphic charter, definition of titles, navigation, fonts, construction of the website itself, integration of interactive elements such as online forms, hypertext and image. links and statistical tools if necessary, publication via ftp. After studying the content with the client and agreeing on a graphic charter, we produce and propose a visible online template to the client (via a URL we will provide) for validation before final publication. We remind you that the client is obliged to provide the texts and photos to be inserted in the various sections of the site. GoNed also offers, as an option for existing packages, the production of photos at an additional cost.
Article 5 – Updating, maintenance of the site, insertion of new pages:
5.1. The updating of the website provides for an update or modification of the website according to an operating rule defined between goned and the client at the time of signing the contract. Follow-up is ensured within the limits set out in the update contract signed between goned and the client. Fees will be applied according to the rule defined between goned and the client.
5.2. Limitation: The upgrade package does not include changing the GUI, creating a logo, adding a domain name, adding new features. An upgrade additional or higher than what is provided in the contract will be billed according to our current rates. We guarantee a fully customized follow-up and remain attentive to each client.
5.3 Site manager access, update and modification: the client may be granted (according to the update contract concluded between GoNed and the client) access to a site manager in order to update its site. goned undertakes to promote this update by the client under the best possible technical conditions, it being understood that GoNed’s obligation is an obligation of means. It is the customer’s responsibility to ensure that any changes or technical developments that the customer may consider making to this website by any means other than the goned services are possible and compatible with the technical characteristics of the services. Any modification of the site by the customer does not result in any transfer of ownership to the customer of the computer codes and services produced by goned. The codes and passwords required for manager access will be sent by GoNed to the customer at the time of publication of the site.
Article 6 – Intellectual property:
6.1. Any item supplied by the customer remains the property of the customer. 6.2. Any item modified by GoNed and provided by the Customer is the property of the Customer as far as the starting item is concerned and the property of goned E as far as modifications are concerned if they are programming items
6.3. Any computer programming and/or creation shall be made available to the Client on the basis of a right of use. The Client is prohibited from copying or authorising the copying of programming, design creation, image montages created by goned. The provision of programming and/or IT creation by GoNed to the customer does not result in the transfer of an intellectual or proprietary right.
6.4. The mention “Copyright GoNed” or “copyright GoNed” with a link to the website “https://goned.studio” is optional, the mention is made on every page of the website, unless the website is completely redesigned by another company.
6.5. As part of a dynamic website development (php, asp…) the sources remain the property of GoNed. Under no circumstances can the client claim to recover the sources.
6.6 Ownership of the computer codes belongs to GoNed, which grants the buyer a right of use. Consequently, any use of the source code by a third party may lead to a claim for compensation from GoNed, the amount of which may be determined by a court depending on the extent of such use. This clause includes source files, database configuration and settings, and any other type of files related to the application.
Article 7 – Client’s responsibility:
7.1 The Customer agrees to provide accurate and truthful information and agrees to notify us of any changes to the data provided and shall be solely responsible for any failures that may result from erroneous information. The customer must maintain a valid email address and postal address.
7.2. The Client’s website will be hosted on their behalf by the service provider chosen by us or them. The Customer acknowledges that he/she has read the following:
– The hosting contract concluded by GoNed to host the client’s website is concluded for full availability, 24 hours a day, 7 days a week and 52 weeks a year for one year. This contract provides sufficient network capacity for normal traffic flow.
– This traffic being random, the customer declares that he is fully aware of the characteristics and limitations of the Internet, and in particular of the possible saturation of the network at certain times and accepts the consequences on the services, it being understood that the obligation of the hosting service provider is an obligation of means.
– The host may interrupt its services to ensure repairs and maintenance of the equipment, as well as correction of software faults. The Host will not be held responsible by the Client for any interruption of services due to suppliers.
– At the end of the period indicated in the sales contract, GoNed reserves the right to delete the data from the remote Internet server on which it was hosted, without prior notice. Files and data will still be saved as is and available upon request. When the customer voluntarily decides to change host, the work of migrating files and data will not be assumed by goned. Unless otherwise agreed with the customer and subject to an additional fee.
7.3. The Customer is the owner of the domain name reserved for him, Flapo acting only as technical intermediary with the naming bodies. Therefore, the general terms and conditions of sale of these organisations apply. In addition, GoNed cannot be held responsible for the unavailability of an ordered domain name, which does not automatically cancel other ordered services. The customer acknowledges the registration and use of the domain name in accordance with the legislation in force and the legal rights of third parties. The Customer agrees to indemnify, defend and hold harmless the host and GoNed, against all claims, damages, liability, costs and expenses, including reasonable legal fees, arising out of or in connection with the registration. Customer’s domain name or Customer’s use of the domain name. Technical transfer of the Customer’s domain name to another naming and hosting organization will be invoiced on a flat rate basis at a price indicated on the order form. The customer agrees not to request this transfer within 60 days of the creation, transfer or renewal of the domain name.
7.4. If the structure of the site makes it possible to collect personal data as well as private information, the customer must submit a “Freedom of Information” request to the CNIL, in accordance with Article 34 of the “Informatique et Liberté” law of 6 January 1978 and communicate the number to GoNed who will enter it on the site. GoNed can however take care of this formality for an additional fee.
7.5 Email management: the Customer is fully and entirely responsible for the content of the emails he sends through the services offered by GoNed. The Customer expressly undertakes to check and comply with the legal terms and conditions of use of the email services (electronic mail) subscribed on its behalf by the host or goned after providers.
7.6 The Client is solely responsible for the updating and content of its website. He is also liable for direct or indirect, material or immaterial damages and losses caused by himself (or his agents), goned and his suppliers due to illegal or unlawful use of the hosting servers. As such, it undertakes not to store personal data without having received authorisation from the CNIL (law of 6 January 1978). It undertakes not to provide hypertext links pointing to sites or pages that do not comply with the law. They undertake not to provide pages, images, texts, videos, sounds or animations that could damage GoNed’s image or that do not comply with French legislation such as those mentioned in Article 4. It undertakes to release GoNed from any liability in relation to the services or information, signs, images, graphics, sounds or any other multimedia data it makes available to users. In particular, he will be solely responsible for any direct or indirect material or bodily harm caused by the use of the services. He will uphold any dispute that may arise between him and any third party. If GoNed is nevertheless held liable by a judicial authority, it undertakes to indemnify RefDevNet for any damage resulting from fault on its part.
Article 8 – goned Responsibility:
8.1. goned undertakes to ensure delivery of orders placed as soon as possible (deadlines vary depending on the nature of the order) and undertakes to do its utmost to ensure customer satisfaction, but declines all responsibility in the event of a major technical problem that would prevent the execution of the contract (attacks, wars, natural disasters, any case of force majeure or cause of prolonged interruption of the Internet network beyond our control). goned publication of the website depends in particular on the customer providing the information necessary to fulfil the order.
8.2. Documents submitted: goned cannot be held responsible for the loss of documents required for the provision of the services ordered. The Customer is obliged to send only copies or documents without replacement value. goned reserves the right to refuse any document, text or image that is contrary to its ethics, morality or does not comply with current legislation.
8.3. The Customer declares that he accepts the characteristics and limitations of the Internet and acknowledges in particular the following points: the goned company is not the host of the websites and does not guarantee in any case the total protection of the data circulating on the web, in particular against possible misappropriation by malicious Internet users and cannot be held responsible in any case for problems related to hosting, reliability of data transmission, access times, loading speed of the website or default payment by credit card, bank transfer or cheque for an e-commerce website.
8.4. If a dynamic website (php, asp etc.) is created, it must be hosted under the technical responsibility of goned. The client will not have access to dynamic sources.
8.5 goned delivers a finished product that meets the specifications of the quotation. goned can in no way guarantee that the site requested by the customer will ensure an increase in sales, that the work performed will automatically generate visits to the site.
8.6. goned will not be held responsible in the event of mishandling by the customer and users trained in the use of the application. A list of persons authorised to use the application will be established by GoNed in collaboration with the customer outside the framework of the training and from this list goned will not be held responsible for operations carried out via the application.
Article 9 – Offer and prices.
9.1. The price conditions of the so-called promotional offers and indicated as such, are valid only for the duration they specify.
9.2 goned reserves the right to change its general conditions of sale, formulas and prices at any time and without notice. These changes will have no impact on current contracts.
9.3 goned reserves the right to transfer any new tax or any increase in existing tax rates to its rates without notice.
Article 10 – Method of payment:
10.1. Invoices shall be paid in full within 14 days.
10.2. Any amount not paid within the time limits referred to in paragraph 10.1, any late payment or any non-payment (in the event of the bank’s return of payment vouchers for non-payment) of an amount owed by the client shall result in the immediate suspension of the services pending settlement of the situation. This suspension cannot constitute a cause of liability for goned.
10.3. The Customer may not claim compensation from goned due to the suspension of its services following a payment incident.
10.4. Payment by bank transfer: Please refer to the IBAN on the quotation and invoice.
Article 11 – Complaints:
11.1. Any complaint regarding any order, in order to be valid, must reach goned office by registered letter with acknowledgement of receipt within 7 days of receipt of invoices. After this period, the work and the conditions of its execution or payment shall be deemed to be definitively accepted.
Article 12 – Applicable law, attribution of jurisdiction:
12.1. This contract is governed by Romanian law. In the event of a dispute, the local courts have exclusive jurisdiction.