1. Purpose and scope
These terms govern, on the one hand, access to and use of the noetis.fr website, and on the other hand the development, automation and training services provided by Noetis SAS to its business clients.
By accessing the site you accept articles 2 to 5. By ordering a service you accept these terms in full.
2. Access to the site
The site is freely accessible to any user with an internet connection, connection costs remaining at their expense. Noetis SAS may modify, suspend or interrupt access at any time, in particular for maintenance, without this giving rise to compensation.
The site is a showcase: it presents the services offered and allows visitors to get in touch. Its content does not constitute a contractual offer.
3. User conduct
Users undertake to use the site fairly and lawfully. In particular, it is prohibited to:
- attempt to gain unauthorised access to systems connected to the site;
- transmit unlawful or fraudulent content, or content infringing third-party rights;
- use the contact form for unsolicited canvassing;
- automatically extract the site's content without authorisation.
4. Intellectual property in the site
The elements of the site — text, graphics, logo, structure, source code — are protected by intellectual property law and belong to Noetis SAS or its licensors. Any reproduction, representation, adaptation or distribution, even partial, without prior written authorisation constitutes infringement under articles L.335-2 et seq. of the French Intellectual Property Code.
5. Limitation of liability for the site
Noetis SAS keeps the site accessible and up to date so far as reasonable, but cannot be held liable for:
- technical interruption or unavailability;
- inaccuracy or incompleteness of published information;
- indirect damage arising from use of the site;
- the content of third-party sites linked to.
6. Services offered
Noetis SAS provides business clients with:
- the design and development of automation tools and business applications;
- their deployment on infrastructure designated by the client;
- training and support in the use of artificial intelligence.
The exact scope, deliverables and schedule of each engagement are set out in the quotation or written proposal accepted by the client, which prevails over these terms in the event of inconsistency.
7. Quotations, orders and formation of contract
Every engagement is the subject of a written proposal setting out scope, deliverables, price and timescales. The contract is formed when the client accepts that proposal in writing — signature, email agreement or equivalent confirmation.
Unless stated otherwise, a proposal is valid for thirty days from issue.
8. Pricing, invoicing and payment
Prices are expressed in euros excluding tax; applicable VAT is that in force on the invoice date. The rates that apply are those in the accepted proposal.
Unless otherwise agreed, invoices are payable within thirty days of issue, by bank transfer. In accordance with articles L.441-10 and D.441-5 of the French Commercial Code, late payment automatically incurs interest at the statutory rate plus a surcharge, together with a fixed recovery indemnity of 40 euros.
9. Performance and delivery
Noetis SAS performs its services under an obligation of means, with the care and skill expected of its profession.
Stated timescales are indicative and assume the client's cooperation: access to environments, test data and the necessary contacts, and responses to validation requests within reasonable time. Any delay attributable to the client extends the schedule accordingly.
Deliverables are deemed accepted in the absence of written reservations within fifteen days of being made available.
10. Ownership of deliverables
Unless the quotation provides otherwise, exploitation rights in the bespoke developments produced for the client are assigned to them upon payment of the price in full.
Noetis SAS retains ownership of its know-how, methods, tools and generic components that pre-exist the engagement or are developed independently of it, and retains the right to reuse them. Third-party and open-source components remain governed by their respective licences.
11. Confidentiality
Each party undertakes to keep confidential the non-public information received from the other, to use it solely for performance of the engagement, and to restrict access to those who need to know. This undertaking survives for three years after the engagement ends.
Noetis SAS names a client as a reference only with their prior agreement.
12. Liability for services
The liability of Noetis SAS is limited to direct and foreseeable damage and may not exceed the amount excluding tax actually paid for the engagement concerned. Indirect damage is excluded, in particular loss of business, revenue, data or clientele.
It is for the client to implement backup and recovery procedures appropriate to their own environments.
13. Subcontracting and client data
Where performance of the engagement leads Noetis SAS to process personal data on the client's behalf, it acts as a processor within the meaning of the GDPR, under a separate agreement setting out the nature, purpose and duration of the processing.
14. Duration and termination
The contract ends on completion of the agreed services. In the event of a serious breach not remedied within fifteen days of receiving formal notice, the other party may terminate it as of right.
On termination, services performed up to the effective date remain payable.
15. Personal data
Processing of data collected through the contact form is described in the privacy policy.
16. Amendments
Noetis SAS may amend these terms at any time. The version applicable to an engagement is the one in force when the proposal was accepted.
17. Governing law and jurisdiction
These terms are governed by French law. The parties will endeavour to resolve any dispute amicably. Failing agreement, exclusive jurisdiction is granted to the courts having jurisdiction over the registered office of Noetis SAS.