Terms of sale

1. Scope

These terms of sale (the “Terms”) govern subscriptions taken out on www.zunex.com with ZUNEX Team, a sole trader (French “entrepreneur individuel”) trading as ZUNEX, SIREN 941 780 165 (“ZUNEX”), whose full identity is given in the legal notice, reachable at info@zunex.tech and on +91 63619 72160.

The offer is for professionals only: companies, freelancers, professional practices and associations subscribing for the needs of their activity (the “Client”). By ordering, the Client confirms that it is acting for professional purposes.

The Terms are accepted when ordering and prevail over any other document of the Client. The applicable version is the one in force on the day of the order; ZUNEX keeps it and provides it on request.

2. Definitions

• Website: the website designed, put online, hosted and maintained by ZUNEX for the Client.
• Subscription: the contract for a plan and, where chosen, options, paid every month.
• Monthly payment: the amount invoiced for one monthly period of the Subscription.
• Improvement: a targeted change or improvement to the Website after it goes live, for example reworking a section, changing content, improving a user journey, adding an element or connecting a tool.
• Client space: the online area where the Client follows the project, sends requests and manages the Subscription.
• Working day: Monday to Friday, excluding public holidays in mainland France.
• Deliverables: the work created specifically for the Client: designs, pages, texts written by ZUNEX, the Website’s own code and, with the Brand Identity option, the logo, palette, chosen typefaces and brand kit.

3. Plans and options

The content of each plan and option is described on the website’s home page at the time of the order and shown again in the summary before payment. Every plan includes the design of a bespoke Website, putting it online, a domain name, hosting and technical maintenance.

• Presence: 1 Improvement per month, support within 48 working hours, essential statistics.
• Growth: 2 Improvements per month and, on top of Presence, search and AI visibility work, conversion tracking, marketing integrations, analysis and recommendations.
• Partner: 4 Improvements per month and, on top of Growth, campaign pages, conversion improvements, automations and integrations, priority support.

The options are: Brand Identity (logo, palette, typefaces, brand kit), invoiced for 12 Monthly payments at most and then removed from billing automatically; Local Google Visibility (Google Business Profile, Google Maps, updates, performance tracking); Multilingual Website, invoiced per additional language.

Improvements in a monthly period do not carry over to later periods. A request larger than one Improvement may, with the Client’s agreement, be carried out as several Improvements.

Search and visibility work creates the best conditions for the Website to be found. It does not guarantee any ranking in a search engine, any mention by an artificial intelligence tool, or any volume of visits or sales.

The included domain name is an available name in a common extension (for example .fr, .com or .eu), at the registry’s standard price. A name offered at a higher price (premium or resale) requires prior agreement on its cost.

4. Ordering

The Client chooses a plan and options, enters its details, chooses a payment method and checks the summary: plan, options and monthly amount. The order is placed by confirming the payment. The Subscription is concluded as soon as payment of the first Monthly payment is accepted; the Client receives confirmation by email, with the summary and the invoice.

The Client guarantees that the information provided is accurate. One email address can only hold one active Subscription; for a second website, the Client contacts ZUNEX.

ZUNEX may refuse an order for a legitimate reason, in particular an earlier payment dispute or an unlawful activity. Any amount already collected is then refunded in full.

5. Prices and payment

Prices are shown per month, in euros, US dollars or pounds sterling depending on the version of the website. ZUNEX is under the French VAT exemption for small businesses (VAT not applicable, art. 293 B of the French General Tax Code): no VAT is charged. A Client established outside France who owes a tax in its own country pays it under the rules that apply to it, such as the reverse charge.

Payment is made by card, SEPA Direct Debit (in euros), PayPal or digital wallet, through Stripe. The first Monthly payment is paid when ordering; the following ones are collected automatically every month on the subscription’s anniversary date. An invoice is issued for each payment and remains available in the Client space.

ZUNEX may change its prices. A new price only applies to an ongoing Subscription after being notified by email at least 30 days before the payment concerned; a Client who refuses it may cancel before that date.

If a payment fails, new attempts are made and the Client is informed. Without settlement within 15 days of the due date, ZUNEX may suspend Improvements and support; without settlement 8 days after a formal notice sent by email, ZUNEX may terminate the Subscription.

Any amount unpaid on its due date automatically bears late payment interest at the European Central Bank’s most recent refinancing rate plus 10 points, and a fixed recovery fee of €40 (art. L441-10 of the French Commercial Code). No discount is given for early payment.

6. Building and launching the website

After ordering, the Client answers the questionnaire in the Client space (about 5 minutes): activity, goals, preferences and available content. From these answers, ZUNEX designs a first proposal, which the Client reviews; ZUNEX adjusts it, then tests the Website and puts it online.

ZUNEX puts the Website online within 10 Working days from the Working day after receiving the completed questionnaire. Days on which ZUNEX is waiting for an answer, content, access or approval from the Client are not counted.

The Website goes live at the Client’s domain name. When that name cannot be used yet for a reason outside ZUNEX’s control (transfer in progress, access not provided), the Website goes live at a temporary address, which counts as going live for the deadline.

The Client checks the Website once it is live and reports any defect from the Client space. ZUNEX fixes defects attributable to it free of charge, and a fix does not count as an Improvement.

7. Delivery guarantee

If the Website is not online within the 10 Working days set in article 6, ZUNEX refunds in full the Monthly payment of the current monthly period. If the delay runs into the next monthly period, even by one day, the Monthly payment for that period is refunded as well, and so on until the Website is online.

The refund is made to the payment method used, with no action needed from the Client, within 14 days after the deadline or the start of the period concerned. The Website is still delivered, the Subscription continues, and a Monthly payment refunded under this guarantee counts as paid for the transfer in article 10. The Client may cancel at any time (article 12).

The guarantee does not apply when the delay is caused by the Client (incomplete questionnaire, answers, content or access still awaited) or by force majeure.

8. Monthly service

Once the Website is online, the Client sends Improvement requests from the Client space. ZUNEX carries them out in order of priority, within the number of Improvements of the plan for the current period.

Support answers within 48 working hours, with priority for the Partner plan. ZUNEX hosts the Website, handles its technical maintenance and security, and uses reasonable means to keep it available. Interruptions may occur for maintenance or because of technical providers; ZUNEX works to keep them short and gives notice of planned ones.

ZUNEX’s services are provided under a best-efforts obligation.

9. Client’s commitments

The Client undertakes to:

• provide accurate information and answer requests needed for the work within a reasonable time;
• hold the rights to the content it provides (texts, images, logos, trade marks, videos) and indemnify ZUNEX against any third-party claim about them;
• carry on a lawful activity and not ask for illegal content to be published;
• keep its Client space sign-in details confidential.

The Client is the publisher of its Website: it is responsible for the content published and for its own legal information (legal notice, privacy policy, terms of sale). ZUNEX adds these items at the Client’s request, without checking their compliance.

10. Intellectual property and transfer of the Website

During the Subscription. ZUNEX holds the rights to the Website and the Deliverables. The Client has a non-exclusive right to use the Website for its activity for the length of the Subscription. Content provided by the Client remains its property; the Client allows ZUNEX to use it to build, host and develop the Website.

After 12 paid Monthly payments. At the end of the twelfth monthly period, once 12 Monthly payments have been paid, ZUNEX assigns to the Client, exclusively, the economic copyright in the Deliverables: the rights to reproduce, display, adapt and modify them, on any medium, worldwide and for the full legal term of protection. The price of this assignment is included in the Monthly payments. The Client may then ask for the Website’s files (source code, media and design files of the Deliverables), delivered within 15 Working days. The Subscription may continue; Deliverables created afterwards are assigned on the same terms once the Monthly payment for the period in which they are delivered has been paid.

Leaving before 12 Monthly payments. A Client who cancels before having paid 12 Monthly payments chooses one of the following two options:

1. pay the remaining Monthly payments up to 12, at the amount of its last Monthly payment (plan and options): the assignment takes effect on payment and the files are delivered. For example, after 4 Monthly payments of €128, 8 × €128 = €1,024 remains to be paid;
2. leave without the Website’s files or the rights to the Deliverables: the Website is taken offline at the end of the last paid period and ZUNEX keeps its rights.

If no choice is made before the end of the last paid period, the second option applies. Either way, the Client keeps its domain name (article 11) and gets back, on request, the content it provided.

Third-party items and know-how. Third-party components in the Website (open source libraries, typefaces, licensed images or services) remain under their own licences, which the Client complies with. ZUNEX’s general tools, methods and know-how, which are not specific to the Website, are not assigned; the Client receives, without time limit, the right to use them to run the Website.

Termination by ZUNEX. If ZUNEX ends the Subscription while the Client is not in breach, the Client receives the assignment and the files without any further payment.

11. Domain name

The Website’s domain name belongs to the Client. ZUNEX registers it in the Client’s name, as its holder; where this is not possible, ZUNEX holds it on the Client’s behalf and transfers it free of charge, on request, at any time.

Registration and renewal fees are included in the Subscription while it runs. When the Subscription ends, for whatever reason, ZUNEX gives the Client the transfer code and the necessary access; renewal is then at the Client’s expense. A domain name the Client already owned remains its own; the Client gives ZUNEX the technical access needed to put the Website online.

12. Term and cancellation

The Subscription has no minimum term. It renews automatically every month.

The Client may cancel at any time from the Client space (Subscription section) or by writing to info@zunex.tech. Cancellation takes effect at the end of the current monthly period, which is already paid: no further Monthly payment is collected and the period already started is not refunded. Services continue until that date. A confirmation stating the effective date is sent by email.

ZUNEX may end the Subscription with 30 days’ notice sent by email. ZUNEX may also terminate it for a serious breach by the Client, in particular persistent non-payment (article 5) or a request to publish illegal content, after a formal notice left unanswered for 8 days where the breach can be remedied.

When the Subscription ends, the Website is taken offline unless it has been transferred to the Client (article 10). Data is then kept and deleted as set out in the privacy policy.

13. Right of withdrawal

As the contract is concluded at a distance between professionals, the right of withdrawal under the French Consumer Code does not apply. The Subscription still has no minimum term and can be cancelled at any time (article 12).

14. Liability

ZUNEX is liable for direct damage resulting from a proven breach of its obligations. ZUNEX is not liable for indirect damage, such as loss of revenue, customers or reputation, for the consequences of content provided by the Client, or for failures of third-party services (domain registries, host, payment providers) not attributable to it.

Except in the event of gross negligence or wilful misconduct, ZUNEX’s total liability under the Subscription is limited to the Monthly payments made by the Client in the 12 months before the event giving rise to it.

15. Personal data processed for the Client

Each party complies with data protection law, in particular Regulation (EU) 2016/679 (GDPR). Data about the Client and its contacts is processed by ZUNEX under its privacy policy.

When hosting and maintaining the Website, ZUNEX processes the data of the Website’s visitors on the Client’s behalf and instructions, for example messages sent through a form. The Client is the controller of this processing and ZUNEX is its processor within the meaning of article 28 GDPR, on the following terms:

• subject matter and duration: hosting, maintenance and development of the Website, for the length of the Subscription;
• data and data subjects: those the Website collects from its visitors, depending on the features the Client chooses;
• ZUNEX processes this data only on the Client’s documented instructions, ensures that authorised persons are bound by confidentiality and applies appropriate security measures;
• the Client authorises the sub-processors listed in the privacy policy; ZUNEX informs the Client of any intended change, to which it may object;
• ZUNEX helps the Client respond to data subject requests and meet its security and impact assessment obligations;
• ZUNEX notifies the Client of any personal data breach within 48 hours of becoming aware of it;
• when the Subscription ends, ZUNEX returns the data to the Client on request, then deletes it, unless the law requires it to be kept;
• ZUNEX makes available the information needed to demonstrate compliance with these obligations and allows reasonable audits, at the Client’s expense, with 30 days’ notice.

16. Hosted content and notices

ZUNEX hosts the Client’s Website. Anyone may report illegal content to info@zunex.tech, as set out in the legal notice. ZUNEX may remove or disable access to manifestly illegal content; the Client is then informed, with the reasons for the decision and how to challenge it (Regulation (EU) 2022/2065, art. 16 and 17).

17. References

ZUNEX may mention the Client’s name and show the Website among its work, on its website and social networks, unless the Client objects in writing, at any time.

18. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. The obligations concerned are suspended while it lasts; if it lasts more than 30 days, either party may terminate the Subscription by email.

19. Confidentiality

Each party keeps confidential the non-public information received from the other, during the Subscription and for three years after it ends, unless the law requires disclosure.

20. Changes to the Terms

ZUNEX may update the Terms. The new version applies to orders placed after it is published. For an ongoing Subscription, it is notified by email at least 30 days before it takes effect; a Client who refuses it may cancel before that date, failing which it applies.

21. Governing law and disputes

The Terms are governed by French law. The French version prevails; this translation is provided for information.

If a difficulty arises, the parties first seek an amicable solution: the Client writes to info@zunex.tech and receives an answer within 15 days. Failing agreement within 30 days, the dispute is brought before the competent courts.