Terms and conditions of sale

This English version is provided for convenience. Only the French version is legally binding.

These general terms and conditions of sale apply to the services of Devodev, a brand operated by Wazper SARL, 2 rue du Professeur Dastre, 95120 Ermont, France, SIRET 942 232 950 00017, provided to business clients. They supplement the signed quote; in case of conflict, the quote prevails.

1. Services

Devodev provides diagnostic, audit, takeover, redesign, migration, idea validation, development and application maintenance services. The scope, deliverables, work packages, milestones, schedule and price of each engagement are described in the quote.

2. Quote and order

The 30-minute diagnostic is free and carries no commitment. Quotes are valid for two months from their date of issue. The order becomes binding on signature of the quote and payment of the first scheduled installment.

3. Prices

Prices are fixed and stated in euros excluding tax; VAT is payable in addition at the rate in force. The ranges displayed by the website simulator are indicative and are not an offer. The audit is invoiced separately and is not deducted from any work that may follow. Hosting, domain name, subscription and third-party tool costs remain the client’s responsibility, unless the quote states otherwise.

4. Payment

Payment is made by bank transfer, on receipt of invoice, according to the milestones set out in the quote (in principle at signature, at the test version and at go-live). Any late payment automatically gives rise to penalties equal to three times the legal interest rate, together with the fixed compensation of €40 for recovery costs provided for by article L. 441-10 of the French Commercial Code (Code de commerce). Devodev may suspend the work until the sums due have been paid.

5. Change of scope

Any request outside the scope of the quote is covered by a written amendment, priced and accepted before the work is done. A request may also be postponed to the next work package or to maintenance.

6. Collaboration

The client provides the necessary access, information and approvals and appoints a contact person. The stated lead times run from signature and assume feedback from the client within one week; a delay in feedback shifts the schedule by the same amount.

7. Delivery and acceptance

Each work package is delivered on a test environment. The client has five working days to report in writing any deviation from the approved scope; failing that, the work package is deemed accepted. Reported deviations are corrected at no charge.

8. Code ownership

The code is versioned in a repository owned by the client and hosting is opened in the client’s name. The economic rights in the bespoke developments are assigned to the client worldwide and for the duration of the rights, as each milestone is paid. Devodev keeps its pre-existing know-how, tools and generic components, for which the client receives a non-exclusive license of use.

9. Maintenance

Maintenance is subscribed to as plans of days per month, with a three-month commitment, renewable. Unused days can be carried over to the following month. The client may stop at the end of each quarter, without penalty. The announced response time is counted in working days and hours.

10. Confidentiality

Each party keeps the information received from the other confidential during the engagement and for three years afterwards. A specific confidentiality agreement may be signed on request. Access granted for an audit is used read-only and revoked at the end of the engagement.

11. Liability

Devodev has an obligation of best efforts (obligation de moyens). Its liability is limited to direct damages and capped at the amount paid for the engagement concerned over the previous twelve months. An audit covers the health of a product and is not a penetration test.

12. Ending the engagement

The client may end the engagement at any milestone. The work done up to then is invoiced, and what has been delivered and paid for remains the client’s. In case of a serious breach not corrected fifteen days after a formal notice (mise en demeure), either party may terminate the engagement.

13. Personal data

When Devodev processes personal data on behalf of the client, it acts as a processor within the meaning of the GDPR (RGPD in French); the corresponding commitments are set out in the quote or in a dedicated agreement.

14. Governing law

These terms are governed by French law. Failing an amicable agreement, any dispute falls under the competent courts of the jurisdiction of Wazper SARL’s registered office.