1. Purpose
These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relations between the company Botanik (hereinafter "the Provider") and its professional clients (hereinafter "the Client"), within the framework of natural referencing (SEO) services, digital strategic consulting, editorial and technical support.
2. Scope of application
The GTC apply to all services provided by Botanik, whether one-off (audit, roadmap, content) or recurring (monthly SEO support). Any order implies full and complete acceptance of these GTC.
3. Types of services
One-off services: SEO audit, technical recommendations, content creation, migration support, etc.
Recurring services: monthly support with consulting, strategy, production and management.
4. Contract duration and renewal
4.1 Initial commitment
Recurring support contracts are concluded for a firm minimum duration of 4, 6, 12 or 24 months, according to the agreement specified in the quote or contract.
4.2 Automatic renewal
At the end of the initial commitment period, the contract is tacitly renewed for periods of one (1) month, unless terminated in accordance with article 4.3.
4.3 Termination
The contract may be terminated by either party at any time after the initial commitment period, subject to 30 days' notice at the end of the month, notified in writing (email or registered mail).
The contract cannot be terminated early during the initial commitment period, even in the event of deemed insufficient performance, provided that the Provider respects its obligation of means.
5. Order and acceptance
The order is considered final upon signature of a quote or validation of a purchase order. A signed quote constitutes a contractual commitment and acceptance of these GTC.
6. Obligation of means
The Provider undertakes to implement all necessary means to carry out the agreed missions. Natural referencing results depend on many factors (Google algorithms, competitive actions, client site infrastructure, etc.) that are beyond the Provider's control. Therefore, no obligation of result can be assumed.
7. Prices and payment terms
7.1 Prices
Prices are indicated in euros excluding taxes. The applicable VAT is that in force on the day of invoicing.
7.2 Payment terms
One-off services: 50% upon order, 50% upon delivery.
Recurring services: monthly invoicing in advance, unless otherwise stated.
7.3 Means of payment
Payments can be made by bank transfer or SEPA direct debit. Bank details are specified on each invoice.
7.4 Late payment
Any delay will automatically result in:
late payment penalties equal to 3 times the legal interest rate,
A lump sum compensation of €40 for recovery costs,
And the immediate suspension of services until regularization.
8. Deliverables and deadlines
Deliverables are transmitted in electronic format. Deadlines are provided for informational purposes only and cannot constitute a reason for early termination or financial claim, unless a specific written commitment is made.
9. Intellectual property
The content, audits and documents produced become the property of the Client after full payment. Botanik reserves the right to mention the collaboration as a commercial reference, unless the Client objects in writing.
10. Confidentiality
The parties undertake to keep confidential all information, documents and exchanges that have occurred within the framework of their collaboration.
11. Non-disparagement clause
The parties undertake not to harm the image, reputation or credibility of the other, whether publicly, to third parties or via any communication channel, throughout the duration of the contract and for 12 months after its termination.
12. Liability
The Provider's liability is strictly limited to the amount of sums received for the service concerned. No compensation will be due for indirect damages, loss of income, SEO positioning, or image.
13. Applicable law and competent jurisdiction
These GTC are governed by French law. Any dispute not resolved amicably will be brought before the competent courts of Paris.