Terms And Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www. fractalmax.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and www.fractalmax.comLaurence Zimmermann, FractalMax®”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Laurence Zimmermann, FractalMax®, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

PRICES

The prices of the goods sold are those active on the day of the order being placed. They are denominated in Euros and calculated exclusive of taxes. Consequently, they will be increased by the VAT rate. The company Laurence Zimmermann, FractalMax grants itself the right to modify its tariffs at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.

Web Design Package pricing:

Website Design 3 pages: €2497 Tax included.

Website Design 6 pages: €4997 Tax included.

Website Design 12 pages: €9997 Tax included.

We create your Website on WIX or EDITOR X.

We also propose Website Consulting, price per hour: €199 Tax included.

For bigger projects or specific demands, we will do a quote.

We don’t accept to provide Web Design services if your project is related to:

- Illegal activities/content

- Adult content

This list is not exhaustive

The customer authorizes Laurence Zimmermann, FractalMax to make the invoice in electronic format.

ORDERING PROCEDURE

To order a service on FractalMax.com, you need to be at least 18 years old.

The first step is to book a 1:1 Call with us to talk about your Website project. If we agree to work together during our call, we will send you a confirmation email and you can then buy the package (Standard - Pro - Pro Plus) on our website fractalmax.com. For bigger projects, we will do a custom quote.

Only one Website design package can be ordered at a time. You must accept and agree with the present terms and conditions and our Privacy Policy when placing your order (checking the box).

Laurence Zimmermann, FractalMax does not accept multiple payments, the price must be paid entirely when ordering the Web Design Package.

We also reserve the right to refuse an order you place with us. Before you order a Web design Package on our website, we ask you to book a call with us, so we can talk about your project.

We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You have a right of access, modification, rectification, opposition, and deletion of the personal data concerning you, in accordance with the computer law and freedoms of 06 January 1978.

DISCOUNTS AND REBATES:

The rates offered include discounts and rebates that the company Laurence Zimmermann, FractalMax, would have to grant in view of its results or the assumption by the buyer of certain services.

DISCOUNT FOR PAYMENT IN ADVANCE

No discount will be granted in case of advance payment.

TERMS OF PAYMENT

The payment of an order is made:

When the client order one of our packages online he pays the totality of the package immediately.  We accept credit cards and bank transfers. If you pay by bank transfer, we will only start the project once our bank has confirmed that we got the payment.

LATE PAYMENT:

In case of total or partial non-payment of the goods delivered on the due date, the buyer must pay to the company Laurence Zimmermann, FractalMax, a late payment penalty equal to three times the legal interest rate. The legal interest rate retained is the active rate on the day of delivery of the goods.

From 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014).  I

n the second half of 2022, the legal interest rate is 0.77% for claims owed to professionals. This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to the late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. Articles 441-10 and D. 441-5 of the French Commercial Code.

TERMINATION

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be resolved automatically and may give rise to the right to the award of damages for the benefit of the company Laurence Zimmermann, FractalMax.

RETENTION OF OWNERSHIP

The company Laurence Zimmermann, FractalMax, retains ownership of the services or products sold until full payment of the price, in principal and accessories.

As such, if the buyer is the subject of a reorganization or judicial liquidation, the company Laurence Zimmermann, FractalMax, reserves the right to claim, in the context of the collective proceedings, the services or products sold and remained unpaid.

SHIPPING:

We are only selling services and digital products, there is no shipping.

SERVICE DELIVERY TIME:

Orders are usually delivered within:

- 4 weeks for the Standard Package

- 6 weeks for the Pro Package

- 8 weeks for the Pro Plus Package

This delivery time starts when you have ordered a package online or when we have received the amount of the package in our bank account (in the case of Bank Transfert).

Laurence Zimmermann, FractalMax does everything possible to respect delivery deadlines, if we are unable to deliver the service in the time announced at the order, the customer will be informed by email about the new estimated delivery date.

Laurence Zimmermann cannot be held responsible for the failure to comply with the laws and regulations active in the country where the service is intended. Failure to comply with these laws or regulations is at customer's entire responsibility.

RIGHT OF WITHDRAWAL

You purchase you web design packages to build a wesite for your business. It is a main professionnal need, the right of withdrawal is not applicable as stipulated by law.

FORCE MAJEURE

The liability of the company Laurence Zimmermann, FractalMax cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

SECURITY MEASURES

Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third-party services

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Laurence Zimmermann, FractalMax® with respect to such other services. Laurence Zimmermann, FractalMax® is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Laurence Zimmermann, FractalMax® to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Laurence Zimmermann, FractalMax® will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Laurence Zimmermann, FractalMax® or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Laurence Zimmermann, FractalMax®. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Laurence Zimmermann, FractalMax® or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Laurence Zimmermann, FractalMax® or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Laurence Zimmermann, FractalMax®, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Laurence Zimmermann, FractalMax® and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one euro or any amounts actually paid in cash by you to Laurence Zimmermann, FractalMax® for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Laurence Zimmermann, FractalMax® and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Paris, France without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of France. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Paris, France, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. Terms are translated in English but only the French version is considered if there is a dispute.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.fractalmax.com/terms

[email protected]

Head Office: 66 Avenue des Champs-Elysées, 75008 PARIS.

Commercial Registration Number 801 407 453 in PARIS, 03 October 2018.

SIREN / SIRET: 750 902 827 00021

TVA: FR87750902827

Trademark: FractalMax® INPI registered.

Hub built with Estage

Hosting Server: Cloudflare

Email Hosting: Namecheap

This document was last updated on 28th September 2022.