Terms of Sale & SLA

Last updated: 30 May 2026 · Contractual document

Article 1 · Purpose and scope

These general terms of sale apply, without restriction or reservation, to all services offered by Fixery®, including in particular:

• Preventive and corrective maintenance of IT systems.
• Technical support and user assistance.
• Advisory services, audits and IT fleet management.
• Information security services (cybersecurity).
• Custom application and website development.

They are intended primarily for a professional clientele (businesses, self-employed professionals, associations). Where the client is a consumer or a non-professional within the meaning of the French Consumer Code, mandatory legal provisions prevail over any conflicting clause herein.

Any order or acceptance of a quote implies full and unreserved acceptance of these terms. The client acknowledges having read them before confirming their order.

Article 2 · Services, contracts and right of withdrawal

Fixery® services are provided under three main models, which determine the contractual framework:

• Recurring plans: maintenance, support or advisory services provided as a monthly or annual subscription, detailed on the “Plans” page.
• Quoted projects: larger engagements (website creation, security audit, application development, etc.) governed by a commercial proposal and a detailed quote accepted by the client.
• One-off interventions: specific services carried out at the client’s request and billed by time spent or at a fixed rate, based on a price communicated in advance.

Quotes issued by Fixery® remain valid for the period stated on the document. After that period, Fixery® reserves the right to amend their terms.

Consumer clients: right of withdrawal

Where the client acts as a consumer and the contract is concluded remotely or off-premises, they benefit — save for legal exceptions — from a 14-day withdrawal period from the date of acceptance.

To exercise this right, the consumer may use the standard withdrawal form provided with each remotely concluded quote or order, or send any other unambiguous statement to [email protected].

If the consumer expressly requests that services begin before the end of the withdrawal period (for example, an urgent intervention), they acknowledge that, once the service has been fully performed, the right of withdrawal can no longer be exercised, in accordance with the applicable law.

Consumer mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code, every consumer client has the right to use, free of charge, a consumer mediator with a view to the amicable resolution of a dispute with Fixery®. Mediation may only be initiated after a prior written complaint sent to Fixery® ([email protected]) has gone without a satisfactory response for two (2) months, and within a maximum of one (1) year from that complaint.

The appointment of Fixery®'s consumer mediator is being finalised. Their contact details will be published in these terms as soon as membership is effective, and provided to any consumer client on simple request to [email protected].

Article 3 · Service levels (SLA)

Fixery® undertakes to meet service levels for clients subscribed to a maintenance contract, according to the plan taken out and the covered scope: handling priority and applicable targets depend on the plan (Essential, Pro, Premium) and cannot exceed what that plan provides. Times are counted in business hours and days (Paris time).

The detail of the priorities (P1, P2, P3) together with the response (GTI) and resolution (GTR) targets is presented at the top of this page. These commitments rest on a reinforced best-efforts obligation: Fixery® implements every reasonable measure to meet these targets, without them constituting a guarantee of a specific result.

SLA conditions of application

• Business hours and days: SLA commitments apply Monday to Friday, 9am to 6pm, excluding public holidays in metropolitan France.
• Reporting channels: an incident is deemed acknowledged upon receipt through the official channels: support email ([email protected]). P1 incidents may also be reported by phone.
• Clock stop: the resolution target is suspended whenever Fixery® is awaiting an action or information from the client or a third party.

Article 4 · Liability

4.1. Best-efforts obligation

For all services, Fixery® is bound by a best-efforts obligation and undertakes to bring all necessary care and diligence to their proper performance, in accordance with professional standards.

4.2. Client’s responsibilities

The client undertakes to provide Fixery® with accurate, complete and up-to-date information, as well as all access (accounts, servers, etc.) required to deliver the services. They must inform Fixery® of any change in their technical environment likely to affect the services.

4.3. Limitation of liability

Fixery®'s liability may only be engaged in the event of proven fault, and solely for the direct damages resulting from it. Indirect damages are expressly excluded, including (without limitation) loss of revenue, loss of clientele, loss of data or any other financial loss.

4.4. Exclusions

Fixery® cannot be held liable in the following cases:

• Fault or negligence of the client or their staff.
• The client’s failure to comply with their contractual obligations or with the recommendations provided.
• Failure of a third party (telecom operator, electricity provider, host, software publisher).
• Cyberattack, malicious intrusion, or force majeure as defined by French case law.

Article 5 · Financial terms

5.1. Prices, currency and taxes

Unless otherwise stated, service prices are expressed in euros and shown excluding VAT (HT) as well as including all taxes (TTC), with VAT applied at the rate in force on the invoicing date. Fixery® reserves the right to revise its prices at any time; the applicable prices are those in force on the date of the order or of acceptance of the quote.

5.2. Plans and one-off interventions

Subscription plans are billed monthly and payable on receipt of invoice. One-off services are billed in full after completion, unless specific conditions are stated on the quote.

5.3. Quoted projects

For any quoted project (website creation, development, audit, etc.), a deposit of 30% to 50% of the total amount is required at the order stage to confirm the start of work. The balance is due according to the schedule set out in the quote (e.g. on delivery or at key milestones).

5.4. Late payment

In accordance with the law, any late payment automatically triggers late-payment penalties calculated on the basis of the ECB refinancing rate plus 10 points, together with a fixed recovery indemnity of €40. Where the recovery costs actually incurred exceed this fixed indemnity, additional compensation may be claimed, on production of supporting documents (Article L441-10 of the French Commercial Code). Late payment may also lead to the immediate suspension of ongoing services until the situation is regularised.

Article 6 · Term and termination

6.1. Subscription contracts

Subscription contracts are concluded for an initial term (generally 12 months unless stated otherwise) and are then then automatically renewed for identical successive periods. Either party may terminate at the end of a term, subject to 30 days’ notice. Notice must be given by email with acknowledgement of receipt (or by registered letter) to ensure traceability.

6.2. Quoted projects

The service contract for a project is deemed complete upon final acceptance of the deliverables by the client, evidenced by payment of the balance of the final invoice.

6.3. One-off interventions

The service is considered complete once it has been fully performed and the client confirms that the incident is resolved.

Article 7 · Confidentiality

Fixery® undertakes to maintain strict confidentiality regarding all client information, data and documents to which it may have access in the course of delivering the services. This obligation applies to its staff and to any subcontractors. It survives the end of the contract. For the processing of personal data, the parties refer to the site’s Privacy Policy.

7.1. Protection of personal data (Article 28 GDPR)

Where delivering the services leads Fixery® to access personal data hosted in the client’s information systems, Fixery® acts as a processor within the meaning of Article 28 GDPR, on behalf of and under the documented instructions of the client, who remains the controller. This processing is governed by these terms and, where applicable, by a dedicated data processing agreement (DPA) specifying the subject matter, duration, nature and purpose of the processing, the categories of data and of data subjects, as well as the obligations of confidentiality, security, reversibility and oversight of any sub-processing set out in Article 28.3 GDPR.

Article 8 · Intellectual property

The client retains full ownership of their data. Fixery® remains the owner of its tools, methods and know-how developed before or during the delivery of the services. For deliverables specifically created for the client (custom development, audit reports, etc.), Fixery® assigns to the client all related intellectual property rights upon full payment of the corresponding invoices.

Article 9 · Governing law and jurisdiction

These terms are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Failing agreement, and for professional clients only, jurisdiction is granted to the competent courts of Poitiers, notwithstanding multiple defendants or third-party proceedings. This clause does not apply to consumer clients, who may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the Code of Civil Procedure or the court of the place where they resided at the time the contract was concluded (Article R.631-3 of the French Consumer Code).

Fixery® reserves the right to amend these terms at any time. The applicable version is the one in force on the date of the order or of acceptance of the quote, as published on fixery.fr.