EuropeTerms and Conditions of Sale
Last updated: 30 September 2026 · Version française
This English text is provided for information. If it differs from the French version, the French version prevails.
1. Service provider
These terms and conditions ("Terms") are issued by:
SystimaNX, trading name of [First Last name], sole trader (entrepreneur individuel, EI) registered in France
SIRET: 831 723 267 00025 — SIREN: 831 723 267
EU VAT number: FR13831723267
NACE/APE code: 6201Z – Computer programming
Phone: +33 6 95 52 55 96 (Monday–Friday, 9 am – 6 pm CET)
Email: contact@systimanx.fr — Website: https://systimanx.fr/
Hereinafter "the Provider". The individual or company ordering a service is hereinafter "the Client".
2. Purpose and scope
These Terms apply to all services supplied by the Provider, including:
- DevOps as a Service, continuous integration and deployment (CI/CD) and containerisation;
- managed DevOps and managed services (monitoring, maintenance, backups);
- technical audits, FinOps audits and cloud infrastructure migration;
- process automation (n8n, Make, artificial intelligence);
- design and development of web applications and SaaS products;
- white-label services delivered on behalf of partners.
Placing an order implies full acceptance of these Terms, which prevail over the Client's purchasing conditions unless otherwise agreed in writing. If they conflict, the quote or specific contract signed by both parties prevails over these Terms.
The services are aimed mainly at business clients. Provisions specific to consumers are set out in section 17.
3. Quotes and orders
The initial 30-minute assessment is free and without commitment. Every service is then covered by a quote setting out its scope, deliverables, schedule and price. Unless stated otherwise, a quote is valid for 30 days.
An order becomes firm once the Provider receives the quote signed by the Client (including e-signature or written acceptance by email) and any deposit due.
4. Performance of services
The Provider performs the services with due care and in line with industry best practice. This is an obligation of means: the Provider commits to its best efforts, not to a specific result.
Any request outside the scope defined in the quote requires an additional quote or an amendment.
The Client agrees to cooperate actively: to provide the information, access (cloud accounts, code repositories, tools) and approvals needed in good time, and to appoint a contact person. Any delay caused by the Client moves the schedule back accordingly, and the Provider cannot be held liable for it.
The Provider may use subcontractors for all or part of the services. It remains responsible for their work towards the Client.
5. Delivery and acceptance
After each delivery, the Client has 10 business days to report in writing any blocking defects compared with the scope of the quote. The Provider fixes them within a reasonable time.
If no defects are reported within that period, or as soon as the Client puts the deliverables into production, they are deemed accepted.
6. Prices
Prices are in euros, excluding VAT. VAT is charged at the rate in force on the invoice date. Prices shown on the website are indicative; only the accepted quote is binding.
The price of the Flash Audit is credited against the next engagement under the conditions stated in the quote.
Unless stated otherwise, third-party costs are not included: hosting, cloud usage, licences, APIs, domain names, etc. The Client either subscribes to these directly in its own name, or they are re-invoiced at cost.
Any price change to an ongoing subscription is notified by email at least 30 days before it takes effect.
7. Invoicing and payment
- Fixed-price services: a 30% deposit on order and the balance on delivery, unless the quote sets a milestone-based schedule.
- Subscriptions (managed DevOps, managed services): invoiced monthly in advance.
- Payment terms: invoices are payable within 30 days of their issue date, by bank transfer or by card through our payment provider.
Under Articles L. 441-10 and D. 441-5 of the French Commercial Code, any late payment automatically incurs:
- late-payment interest at three times the French statutory interest rate;
- a fixed recovery fee of €40.
No discount is given for early payment.
If a formal payment notice remains unanswered for 15 days, the Provider may suspend the services until payment is made in full.
8. Term, subscriptions and termination
Fixed-price services end on delivery and acceptance of the deliverables.
Managed DevOps and managed-service subscriptions have an initial term of 3 months. They then renew automatically month by month. Either party may end a subscription at any time by email with 30 days' notice; termination takes effect at the end of the current monthly period. Amounts paid for a period already under way are non-refundable.
If either party commits a serious breach that is not remedied within 15 days of formal notice, the other party may terminate the contract automatically, without prejudice to any damages.
Reversibility: when the contract ends, the Provider hands over to the Client the access credentials, source code, infrastructure files (Terraform, configurations) and documentation. Any takeover assistance beyond this handover is quoted separately.
9. Intellectual property
Once the price has been paid in full, the Provider assigns to the Client the economic rights in the custom work created for it: source code, infrastructure scripts, automation workflows and documentation. The assignment covers the rights to reproduce, represent, adapt and modify, worldwide and for the full legal term of protection.
The Provider keeps ownership of its tools, generic components, libraries and know-how, whether pre-existing or developed independently. The Client receives a non-exclusive, free and perpetual licence to them, limited to use of the deliverables.
Open-source components remain subject to their own licences.
Unless the Client objects in writing, and except for white-label work, the Provider may name the Client as a commercial reference.
10. White label and partners
Under the partner program, the Provider acts as a subcontractor to the partner agency or company. The partner remains solely responsible for its relationship with its end client.
The Provider will not approach the partner's end client directly during the engagement or for 12 months after it ends.
Payment terms for referral partners are set out in a separate written agreement.
11. Confidentiality
Each party agrees to keep confidential any information disclosed by the other party, including technical and commercial information, access credentials and secrets. This obligation applies for the whole term of the contract and for 3 years after it ends. A specific non-disclosure agreement (NDA) can be signed on request.
12. Personal data
Each party agrees to comply with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.
Where the Provider processes personal data on the Client's behalf (hosting, monitoring, automation), it acts as a processor within the meaning of Article 28 GDPR. It processes that data only on the Client's documented instructions and signs a data processing agreement (DPA) on request. Unless the Client requests otherwise, data is hosted in the European Union.
How the Provider processes the data of its prospects and clients is described in the privacy policy.
13. Security and access
The Client warrants that it holds the necessary rights over the systems, accounts and data it makes available.
The Provider applies the principle of least privilege and stores access credentials securely. At the end of the engagement, the Client revokes the access it granted and the Provider deletes any credentials it holds.
14. Liability
The Provider is bound by an obligation of means.
To the fullest extent permitted by French law, it is not liable for indirect losses, such as loss of business, revenue, customers or data. Nor is it liable for outages or failures of third-party services: cloud providers, APIs, and software and platforms used by the Client.
Unless the service ordered expressly includes backup management, making and keeping backups is the Client's responsibility.
The Provider's total liability, for all causes combined, is limited to the amount, excluding VAT, actually paid by the Client for the service concerned during the 12 months before the event giving rise to the claim.
15. Non-solicitation
The Client agrees not to solicit or hire directly, without the Provider's written consent, anyone (employee or subcontractor) who worked on the engagement. This applies during the engagement and for 12 months after it ends.
16. Force majeure
Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the contract in writing, without compensation.
17. Consumer clients
Where the Client is a consumer, or a business treated as a consumer under Article L. 221-3 of the French Consumer Code, the following provisions also apply.
- Right of withdrawal: under Article L. 221-18 of the French Consumer Code, the Client has 14 days from the conclusion of the contract to withdraw, without giving a reason. To withdraw, the Client emails contact@systimanx.fr.
- Work started before the period ends: if the Client expressly asks for the service to start before the 14 days are over, the Client owes the amount for the service provided up to the withdrawal. If the Client acknowledges losing the right of withdrawal, that right can no longer be exercised once the service has been fully performed (Article L. 221-28, 1°).
- Mediation: in the event of a dispute, the Client may use the consumer mediator [mediator's name and contact details] free of charge, under Article L. 612-1 of the French Consumer Code.
18. Governing law and disputes
These Terms are governed by French law. In the event of a dispute, the parties will first try to reach an amicable settlement for 30 days from written notice of the dispute.
If no agreement is reached and the Client is a business, the courts with jurisdiction over the Provider's place of business have exclusive jurisdiction. If the Client is a consumer, the statutory rules on jurisdiction apply.
19. General provisions
If any clause is held invalid, the other clauses remain in force.
A party's failure to enforce a breach does not waive its right to enforce it later.
The Provider may amend these Terms at any time. The version that applies is the one in force on the date the quote is accepted.
20. Contact
SystimaNX — contact@systimanx.fr — +33 6 95 52 55 96 — https://systimanx.fr/
SystimaNX also develops and operates the FacturZen platform.