Terms and conditions
altarriba.fr
(hereinafter the “ Site ”)
Last updated: 9 September 2025
1. PREAMBLE
These terms and conditions (hereinafter the “ Terms ”) apply to all services provided by the sole proprietorship Aurélien ALTARRIBA, trading as “ALTARRIBA”, located at 20 rue de Ratacas MAIL BOXES ETC - MBE BAL N°307, 11100 Narbonne, France, registered under SIREN number 931 214 118 (hereinafter the “ Provider ”) to business customers (hereinafter the “ Client ”).
The Client acknowledges having read and accepted the Terms without reservation by returning the duly signed Offer, as defined below, to the Provider.
Any departure from the Terms must appear in the Offer or be recorded in writing and signed by authorized representatives of the Provider and the Client.
Acceptance of the Terms means that the Client waives reliance on its general purchasing terms or any other provisions in its commercial documents that contradict these Terms.
2. PURPOSE
The Terms define the conditions for the sale of software development services and services relating to the creation, optimization and maintenance of web-based Software as a Service optimized for delivery over the Internet (hereinafter the “ SaaS Software ”), provided by the Provider (hereinafter the “ Services ”).
The Services include the option for Clients to purchase a maintenance subscription for the SaaS Software (hereinafter the “ Subscription ”).
The Terms do not define the content of the Services. The Services supplied are those described in the Offer.
3. ORDERS
3.1. Placing an Order
Any Services requested by the Client lead to a written offer from the Provider (hereinafter the “ Offer ”), which may also take the form of a quotation or purchase order, on paper or electronically, accompanied by the Terms.
Unless otherwise stated, the conditions and prices in the Offer remain valid for thirty (30) days after it is sent.
Services requested by the Client may require a deposit, the amount of which is set out in the Offer.
The Client’s acceptance of the Offer, returned duly signed on paper or electronically, together with payment of any required deposit, constitutes an order confirming agreement between the Client and the Provider on the Offer and Terms (hereinafter the “ Order ”).
The benefit of an Order is personal to the Client. It may not be assigned to anyone without the Provider’s prior express consent.
Special conditions for an existing Order do not automatically apply to later Orders. Each accepted Offer is treated as a separate contract.
Any additional Services requested by the Client require a new Offer and are treated as a new Order.
If additional chargeable Services are necessary to meet the Client’s requirements and the Client declines them, the Provider may refuse to carry out the initial Services and the Client acknowledges that no refund is due. If the Client expressly requests that the Provider proceed, the Client acknowledges that the Provider cannot be held liable on that basis and that no warranty will apply to the Services.
3.2. Changing or cancelling an Order
Orders submitted to the Provider are irrevocable for the Client. Payments made when placing an Order are non-refundable.
As the Client is a business purchasing for professional purposes, the withdrawal right under the French Consumer Code does not apply. Any request to change an Order must be made in writing and takes effect only if expressly accepted by the Provider.
Changes may incur additional charges.
If changes are accepted, the Provider is released from previously agreed deadlines for executing the Order.
4. PRICES AND PAYMENT
4.1. Prices
Service prices are those stated in the Offer.
Prices are expressed in euros, exclusive of taxes.
4.1.1. Services outside a Subscription
The Provider reserves the right to change its rates at any time.
However, Orders will be invoiced at the prices stated in the Offer.
4.1.2. Subscription
Subscriptions are payable monthly.
If the Provider wishes to change the price of an active Subscription, it must notify the Client at least one (1) month before the new price applies.
Unless the Client terminates at least fifteen (15) days before the new price applies, the Client is deemed to have accepted it.
4.2. Payment arrangements
Invoices are primarily sent through Infomaniak’s professional communication platform, kChat.
If they are not received through kChat, invoices may be sent to the Client’s supplied email address. If the Client cannot be reached through these channels, invoices will be posted to the supplied postal address.
Payment conditions are specified in the Offer. Invoices are payable on receipt.
Late payment incurs a contractual penalty equal to three times the applicable statutory interest rate and a fixed recovery fee of EUR 40. The penalty accrues from the invoice due date and is payable on the Provider’s request.
5. PERFORMANCE OF SERVICES
5.1. Common obligations
Subject to the accepted Offer, the Provider remains free to determine the resources needed to perform the Services, including personnel, organization, methods, processes, techniques and products, according to the Client’s needs. The Provider determines the number of days needed to execute the Order. The Provider acknowledges a general obligation to use reasonable efforts and provide advice within the Order’s scope, including information, recommendations and warnings. The Client benefits from the Provider’s know-how and methods in consulting and development. The Provider undertakes to perform the Services professionally and to the best of its ability.
The Provider undertakes to retain and process the Client’s data diligently.
5.2. Services outside a Subscription
5.2.1. Performance deadlines
Any delivery dates indicated to the Client are estimates based on the relevant project. The Client acknowledges that certain steps depend on the availability of the Client and third parties.
The Provider is not liable for justified delays in executing the Order, notably where attributable to the Client or beyond the parties’ control.
If the Provider is temporarily unable to perform, it will inform the Client as soon as possible of the cause and expected duration.
5.2.2. Delivery of the Deliverable
Completion of Services outside a Subscription is marked by delivery of all programs forming the development, on media compatible with the Client’s technical environment (hereinafter the “ Deliverable ”).
5.2.3. Specifications
The Services are governed by specifications annexed to the Offer (hereinafter the “ Specifications ”).
The Provider undertakes to use all necessary means to meet the agreed schedule and the conditions and arrangements defined in the Specifications.
The Provider and the Client (hereinafter the “ Parties ”) agree to meet regularly by any suitable means to monitor performance of the Services.
As successive development versions are delivered, the Parties will check that they meet the functionality and requirements in the Specifications and test them using test data prepared by the Client.
The Parties shall draw up and sign a joint acceptance report in which the Client must identify and justify any reservations about conformity with the Specifications. Otherwise, the development is deemed accepted without reservation and the Provider’s assignment ends.
If the Client is unavailable to prepare and/or sign the report within five (5) days of delivery, the development is deemed accepted without reservation and the Provider’s assignment ends.
If the Client raises justified reservations, the Provider undertakes to use its best efforts to remedy them and achieve conformity with the Specifications. The same procedure is repeated until the Client signs a report confirming that the reservations have been resolved.
5.3. Subscription
The Provider is solely responsible for corrective and evolutionary maintenance of the SaaS Software and will arrange corrective maintenance so as not to prevent or hinder access.
Access to the SaaS Software may be suspended for maintenance needed to ensure the platform operates properly.
For planned maintenance interruptions, the Provider will notify the Client of the date and duration at least ten (10) business days beforehand, allowing the Client to prepare and avoid disruption.
If an issue seriously affects use of the SaaS platform, such as an outage, technical failure or critical security vulnerability, the Provider may intervene without notice to restore proper operation. The Provider will inform the Client as soon as possible after the intervention and report on the measures taken.
6. SUBSCRIPTION TERM
6.1. Duration
From the Order date, the Subscription continues for successive one-month periods and renews automatically unless terminated early under these Terms. Any minimum commitment is specified in the Offer.
6.2. Termination by the Client
Subject to the agreed commitment period, the Client may terminate the Subscription for convenience by contacting the Provider by any means. Termination takes effect the following month. Any month started remains payable and no refund will be made.
6.3. Suspension and termination by the Provider
6.3.1. Suspension
The Provider may suspend the Subscription immediately and without formalities if the Client fails to pay amounts due upon receipt of invoices.
6.3.2. Termination
If the Client breaches these Terms, the Provider may terminate the Subscription fourteen (14) days after a written formal notice to remedy the breach has remained unheeded. If the breach cannot be corrected within fourteen (14) days, termination takes effect on the date the Provider notifies the Client.
7. CLIENT OBLIGATIONS
The Client undertakes to provide all information and materials needed to execute the Order, including access to computer systems where necessary.
The Client acknowledges that proper performance requires active, loyal and ongoing cooperation. As execution depends on the Client’s cooperation, the Provider is subject to a general obligation to use reasonable efforts. The Client indemnifies the Provider against complaints, claims, actions or demands resulting from the Client’s breach of any contractual obligation and undertakes to pay all resulting costs, charges and awards.
The Client also warrants compliance with all laws applicable to its activity, particularly personal data processing and intellectual property rights. It warrants that Services performed in accordance with the Terms do not infringe third-party rights.
The Client accordingly undertakes to indemnify the Provider for any award against it, including defence costs, arising from infringement of a third party’s rights through execution of the Order.
8. LIABILITY
If the Provider is at fault when executing the Order, a Client who proves direct, personal loss may obtain compensation for that loss. Compensation for indirect loss is expressly excluded.
The Provider’s liability shall not exceed the amounts received for an Order outside a Subscription or, for a Subscription, the amounts received for the Order during the three (3) months preceding the event giving rise to liability.
The Provider is not liable for direct or indirect damage to property or persons suffered by the Client or a third party resulting from:
- Negligence or fault of the Client or a third party;
- Use of the Services under manifestly non-compliant conditions.
The Client acknowledges that losses resulting from incomplete, inaccurate or non-compliant data and/or information are not attributable to the Provider.
The Provider cannot be held liable on the basis of information that proves inaccurate or unlawful.
The SaaS Software may use or integrate third-party software for which the Provider is not responsible. The Provider will carry out regular checks of the SaaS Software’s operation and accessibility in relation to such software. It may temporarily interrupt access for security or compatibility reasons arising from that software.
The Provider is not responsible for temporary access difficulties or unavailability arising from circumstances outside its control, force majeure or telecommunications network disruptions.
The Provider is not liable for failure or delay in executing Orders due to circumstances outside its control or force majeure. In addition to events recognized by French courts, force majeure includes exceptional weather, natural disasters, fires, floods, lightning, attacks, telecommunications network failures or blockages, damage caused by viruses that available security measures cannot eradicate, and legal, regulatory or public-policy obligations imposed by competent authorities that substantially alter the Terms.
The Client acknowledges that the Provider is not liable for loss of profits, business disruption or demands suffered by the Client, or claims or demands made against it by any third party.
9. INTELLECTUAL PROPERTY
9.1. The Client’s intellectual property rights
The Client retains all rights in data supplied to the Provider for execution of the Order.
For the duration of the Services, the Client grants the Provider a non-exclusive licence to use all data and content supplied.
The Client authorizes the Provider to reproduce, display, adapt and modify this data and content, on any medium and by any process, known or unknown at present, to perform the Services. The licence is royalty-free and worldwide.
The Client declares that it holds all rights and/or authorizations needed to exploit, use and reproduce the data and content supplied. Where it is not the owner, it declares that it has obtained all necessary authorizations.
If the Client provides tools or documents belonging to it or third parties, it will grant or arrange a non-exclusive right for the Provider to use them to perform the Services. The Client warrants peaceful enjoyment of those tools and documents.
Otherwise, the Client shall handle and bear all consequences of any third-party claims, indemnifying the Provider against all proceedings.
9.2. Rights in the Deliverables
Upon delivery and full payment of the corresponding invoice, the Provider grants, and the Client accepts, a personal, non-exclusive, non-transferable right to use the Deliverable, including source code, for the needs and scope defined in the Offer and Specifications. The Client may commercialize the Deliverable only within that scope. The Client may not transfer or assign source code or intellectual property rights in the Deliverable to third parties without the Provider’s written consent.
10. CONFIDENTIALITY AND COMMUNICATION
Information of any kind disclosed by one party to the other during execution of the Order is confidential and must not be disclosed to third parties without the disclosing party’s prior written consent.
As an exception, once the Services have been performed, the Client authorizes the Provider to use its identifying details strictly to promote the Provider’s activity, notably online and on social networks.
11. PERSONAL DATA PROCESSING
As data controller, the Provider undertakes to process the Client’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 (GDPR).
Processing of the Client’s personal data is governed by the privacy policy, available here
12. CHANGES TO THE TERMS
The Provider may amend the Terms at any time and will notify the Client.
The version applicable to the Client is the version in force on the Order date.
13. INSURANCE
The Provider certifies that it holds professional liability insurance with Hiscox through broker Orus, covering risks associated with its activity.
This insurance covers material damage, non-material loss and bodily injury arising from the Services, including fullstack development, SaaS software publishing, and website and web application hosting.
The Provider undertakes to maintain this cover throughout the agreed Services.
14. FORCE MAJEURE
The parties’ obligations are automatically suspended without formalities and they are released from liability if a force majeure event occurs: an event beyond a party’s control that could not reasonably have been foreseen at the Order date and whose effects cannot be avoided by appropriate measures, in accordance with Article 1218 of the French Civil Code.
Examples include war, riot, revolution, strike, global epidemic, fire, explosion, natural disasters and exceptional weather. This suspension does not apply to payment obligations.
The affected party must immediately notify the other by registered letter with acknowledgement of receipt or an internationally recognized courier and use all means to resume performance as soon as possible. After sixty (60) days of interrupted performance, either party may terminate the Offer automatically without compensation by written notice sent by the same means, effective on the date of dispatch.
15. SUBCONTRACTING
The Client authorizes the Provider to subcontract all or part of the Services.
16. SEVERABILITY AND NO WAIVER
Invalidity of a contractual provision does not invalidate the Terms.
Failure by the Provider to invoke a provision at any time does not waive the right to invoke it later.
17. APPLICABLE LAW AND JURISDICTION
The Terms are governed by French law.
If no amicable resolution is reached, any dispute concerning interpretation or performance of the Terms shall be brought before the Commercial Court of Narbonne.
18. CONTACT
For questions about these Terms, the Client may contact the Provider:
By email: contact@altarriba.fr
Through the contact form: Go to the contact page
By post: 20 rue de Ratacas, MAIL BOXES ETC - MBE BAL N°307, 11100 Narbonne, France