Terms & Conditions

Article 1 — Purpose and Scope

These Terms and Conditions (hereinafter "T&Cs") govern all commercial relations between:

• ORIVIAA, sole trader operated by Samira Fawaz, SIRET 992 546 812 00015, 2 rue du Château, 95360 Montmagny (hereinafter "the Service Provider")
• Any natural or legal person purchasing services (hereinafter "the Client"), whether professional (B2B) or individual (B2C)

These T&Cs prevail over any other Client document. Any order implies full and unconditional acceptance of these T&Cs.

Article 2 — Ordering Process and Quotes

All services are subject to a prior quote, established free of charge after discussion with the Client. The quote specifies:

• The nature and scope of the services
• The price excluding VAT (micro-entrepreneur not subject to VAT)
• Estimated completion times
• Payment terms
• Expected deliverables

The order is firm upon receipt of the signed quote and the corresponding deposit. A quote not signed and not accompanied by payment of the deposit within 30 days is void.

Article 3 — Pricing and VAT

Prices are expressed in euros (€), excluding taxes. ORIVIAA is a micro-entrepreneur not subject to VAT pursuant to Article 293 B of the French General Tax Code. The mention "VAT not applicable, Article 293 B of the CGI" appears on all invoices.

Prices displayed on the website are indicative. Only the signed quote is binding. ORIVIAA reserves the right to modify its prices at any time, without affecting orders in progress.

Article 4 — Deposit and Payment Terms

For all services, a deposit of 50% of the total amount is due upon ordering. The balance is due before final delivery of deliverables or, for monthly subscriptions, at the beginning of the month.

Accepted payment methods are:

• Bank transfer (details provided on invoice)
• Secure online payment (if offered)

Any late payment results in the immediate suspension of services in progress, without prejudice to the penalties provided in Article 5.

Article 5 — Late Payment Penalties

In accordance with Articles L.441-10 and L.441-11 of the French Commercial Code, any late payment automatically gives rise, without prior formal notice:

• To late payment penalties calculated at the ECB base rate plus 10 points, applied to the total amount due, from the first day of delay
• To a flat-rate recovery fee of €40 (for professional clients), in accordance with Article D.441-5 of the Commercial Code

Article 6 — Delivery Times

Delivery times are indicated as estimates in the quote. They begin upon receipt of the deposit and all elements necessary for the execution of the service (content, access, approvals).

ORIVIAA cannot be held responsible for delays attributable to the Client (late approval feedback, late provision of content or access). In such cases, deadlines are automatically extended by a period equivalent to the Client's delay.

Article 7 — Obligations of the Parties

ORIVIAA undertakes to:

• Perform the services described in the quote with the required care and diligence
• Inform the Client of any element likely to affect the proper execution of the mission
• Maintain confidentiality of information provided by the Client

The Client undertakes to:

• Provide in a timely manner all elements necessary for the performance of services
• Approve or request revisions within the agreed timeframes
• Pay invoices within the agreed deadlines
• Ensure that the content provided does not infringe third-party rights

Article 8 — Best Efforts and Limited Liability

ORIVIAA is bound by a best-efforts obligation and not a results obligation. Commercial or technical performance (SEO rankings, conversion rates, revenue generated) cannot be guaranteed, as they depend on factors outside ORIVIAA's control.

ORIVIAA's liability is limited to the amount actually collected for the service concerned. ORIVIAA cannot be held liable for:

• Indirect damages, loss of revenue, loss of clients or loss of profit
• Faults or negligence of the Client or third parties
• Malfunctions related to third-party services (hosting, SaaS tools, social networks, etc.)
• A cyberattack, security incident or bug affecting Client or third-party systems
• Modifications made by the Client to deliverables without ORIVIAA's agreement

Article 9 — Intellectual Property of Deliverables

Until full payment of all sums due, ORIVIAA retains all intellectual property rights over the creations produced.

After full payment, the Client benefits from an assignment of usage rights for the deliverables strictly as defined in the quote. This assignment is:

• Non-exclusive (unless expressly stated otherwise in the quote)
• Limited to the agreed territory and duration
• Reserved for the Client's own commercial use

ORIVIAA reserves the right to mention the performance of the service in its portfolio and communication materials, unless the Client submits a written confidentiality request.

Article 10 — Termination

For monthly subscriptions, either party may terminate the contract with one (1) calendar month notice, sent by email to hello@oriviaa.com. Amounts already paid for the current month are not refundable.

In the event of a serious breach by either party of its obligations, the other party may terminate the contract automatically, without notice, after formal notice remaining unanswered for 15 days.

Article 11 — Order Cancellation

Any order cancellation after signing the quote and paying the deposit results in ORIVIAA retaining the deposit as a flat-rate indemnity for costs incurred and time mobilised. If the mission has started and progress represents more than 50% of the total estimated work, the full agreed amount remains due.

Article 12 — Force Majeure

ORIVIAA cannot be held responsible for non-performance or delay in the performance of its obligations in cases of force majeure as defined by Article 1218 of the French Civil Code (natural disaster, pandemic, widespread Internet failure, etc.). ORIVIAA will inform the Client as soon as possible and seek an alternative solution.

Article 13 — Right of Withdrawal (Individual Clients / B2C)

In accordance with Articles L.221-18 et seq. of the French Consumer Code, any individual client (non-professional) benefits from a right of withdrawal of 14 calendar days from the conclusion of the contract, without having to state reasons.

To exercise this right, the Client must send an unambiguous statement to ORIVIAA (email: hello@oriviaa.com) before the deadline expires.

Exception: in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of services fully performed before the end of the withdrawal period, with the Client's express consent.

Article 14 — Consumer Mediation

In accordance with French Ordinance No. 2015-1033 of 20 August 2015 and Decree No. 2015-1382 of 30 October 2015, any dispute relating to an order placed by a consumer (B2C) not resolved amicably may be submitted to a consumer mediator.

ORIVIAA has designated the following mediator:

Mediation is free for the consumer. It must be preceded by an attempt at direct amicable resolution with ORIVIAA. The European Online Dispute Resolution platform is accessible at: ec.europa.eu/consumers/odr

Article 15 — Disputes and Applicable Law

These T&Cs are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal proceedings.

Failing amicable resolution, the competent court will be that of the defendant's domicile, or, for B2B disputes, the Commercial Court of Pontoise (95), unless otherwise agreed.