Terms of Sale & SLA

These Terms apply, without restriction or reservation, to all services provided by Fixery®, including in particular:

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

They are intended primarily for professional clients (companies, self-employed professionals, non-profits). Where the client is a consumer or a non-professional within the meaning of applicable consumer protection rules, mandatory provisions prevail over any conflicting clause of these Terms.

Any order or acceptance of a quotation implies full and unconditional acceptance of these Terms. The client acknowledges having read them prior to validating the order.

Fixery® services are provided according to three main delivery models, which determine the contractual framework:

• Recurring service plans: Maintenance, support or advisory services provided under 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 quotation accepted by the client.
• One-off interventions: Specific services delivered upon client request and billed on a time-and-materials basis or as a fixed fee, based on a rate communicated in advance.

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

Consumer clients: right of withdrawal

Where a client acts as a consumer and the contract is concluded remotely or off-premises, the client benefits—unless a legal exception applies—from a 14-day withdrawal period starting from the date of acceptance.

If the consumer expressly requests that services begin before the end of the withdrawal period (for example, an urgent intervention), the consumer acknowledges that, once the service has been fully performed, the right of withdrawal is waived, in accordance with applicable legal provisions.

Fixery® undertakes to follow the service levels below for clients subscribed to a maintenance or membership plan. Timeframes are expressed in working hours and working days (Paris time).

These service commitments are based on a strengthened best-efforts obligation: Fixery® uses all reasonable means to meet the objectives below, without these objectives constituting a guarantee of results.

SLA applicability conditions

• Working hours and working days: SLA commitments apply Monday through Friday, from 9:00 to 18:00, excluding public holidays in mainland France.
• Communication channels: An incident is considered acknowledged upon receipt through official channels: client portal, support email. P1 incidents may also be reported by phone.
• Clock-stopping: Resolution time is paused when Fixery® is waiting for an action or information from the client or a third party.

4.1. Best-efforts obligation

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

4.2. Client responsibility

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

4.3. Limitation of liability

Fixery® may only be held liable in the event of proven fault and solely for direct damages resulting therefrom. Indirect damages are expressly excluded, including (without limitation) loss of revenue, loss of customers, loss of data or any other financial loss.

4.4. Exclusions

Fixery® cannot be held liable in the following cases:

• Client fault or negligence, or that of its personnel.
• Failure by the client to comply with contractual obligations or recommendations provided.
• Failure of a third party (telecom operator, electricity provider, hosting provider, software vendor).
• Cyber-attack, malicious intrusion, or force majeure as defined by French case law.

5.1. Prices, currency and taxes

Unless otherwise stated, service prices are expressed in euros, excluding tax and including tax, with VAT applied at the rate in force on the invoicing date. Fixery® reserves the right to revise its prices at any time; applicable prices are those in force on the order date or on acceptance of the quotation.

5.2. Plans and one-off interventions

Subscription plans are billed monthly and payable upon receipt of the invoice. One-off services are billed in full after completion, unless specific terms are set out in the quotation.

5.3. Quoted projects

For any project governed by a quotation (website creation, app development, audit, etc.), a deposit of 30% to 50% of the total amount is required at order time to validate the project start. The balance is due according to the schedule set out in the quotation (e.g., upon delivery or key milestones).

5.4. Late payment

In accordance with applicable law, any late payment may automatically trigger late-payment penalties calculated on the basis of the most recent ECB refinancing rate plus 10 percentage points, as well as a fixed recovery fee of €40. Late payment may also lead to immediate suspension of ongoing services until full payment is received.

6.1. Subscription agreements

Subscription agreements are entered into for an initial term (generally 12 months unless otherwise stated) and are then renewed automatically for identical periods. Either party may terminate at renewal, subject to 30 days’ notice. Notice must be given via the client portal or by email with acknowledgement of receipt to ensure traceability.

6.2. Quoted projects

The service agreement for a project is deemed completed upon final acceptance of deliverables by the client, evidenced by full payment of the final invoice.

6.3. One-off interventions

The service is considered completed once fully performed and once the client confirms that the issue has been resolved.

Fixery® undertakes to maintain strict confidentiality regarding all client information, data and documents it may access in the context of service delivery. This confidentiality obligation applies to its personnel and any subcontractors. This obligation survives termination. For personal data processing, the parties refer to the website’s Privacy Policy.

The client retains full ownership of all its data. Fixery® remains the owner of its tools, methods and know-how developed before or during performance 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 after full and final payment of the corresponding invoices.

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, exclusive jurisdiction is granted to the competent courts of Poitiers, notwithstanding multiple defendants or third-party claims.

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