General Terms of Service
These General Terms of Service (hereinafter "GTS") govern the contractual relationship between the Digital Agency GUELICHWEB (hereinafter "The Agency") and any professional wishing to benefit from the services offered (hereinafter "The Client").
1. Nature of Digital Services
Guelichweb provides intellectual and technical services in the following areas:
- Audit and consulting in digital transformation.
- Development of showcase websites and custom business platforms.
- Design, development, and integration of AI automations (chatbots, CRM...).
- Brand design, digital content creation, and communication (Growth Studio).
2. Best Efforts Obligation
The Agency is subject to a best efforts obligation and not to a result obligation. Guelichweb commits to bringing all the care, expertise, and rigor necessary for the execution of the missions entrusted to it, in compliance with the rules of the art of the profession.
3. Indicative Deadlines
The delivery times indicated on the quotes are provided for indicative purposes, unless expressly stated otherwise in writing. A delay in realization, if justified by the unexpected technical complexity of the project or the Client's delay in providing the required elements (content, access), cannot result in penalties, deductions, or cancellation of the order.
4. Payment Terms
Any quote acceptance must be accompanied by the payment of a deposit determined during the commercial proposal (generally 30% to 50% of the total amount including VAT). The balance is due upon final delivery of the project or on a jointly agreed due date. Payments must be made by bank transfer or secure online payment method. Payment delays may result in immediate suspension of services.
5. Intellectual Property
Ownership of deliverables after payment: Guelichweb exclusively assigns to the Client all exploitation rights (reproduction, representation, adaptation) relating to the final ordered deliverable, for the legal duration of copyright and worldwide, only from the full and effective payment of the sums due by the Client.
The Agency authorizes itself to mention the Client and the deliverable as a reference in its portfolio, on its website and its social networks in an anonymized manner or not, unless explicit confidentiality is requested before signing the quote.
6. Limitation of Liability
The Agency cannot be held responsible for indirect damages suffered by the Client (including, but not limited to, data loss, damages suffered by the Client's equipment, loss of profit, loss of market, commercial disruption) related to the realization or use of the deliverable. The amount of compensation due by Guelichweb for a project, for whatever reason, will be strictly limited to the amount billed and collected for said project.
7. Applicable Law and Competent Jurisdiction
These General Terms will be governed by the Law applicable in the Republic of Benin and interpreted in the light of international conventions on commercial and digital law. In the event of a dispute not resolved amicably, the Commercial Court of Cotonou (or equivalent jurisdiction) will have exclusive competence to examine the case.