This agreement (the “Agreement”) constitutes a legally binding agreement by and between
Yassir Haouati, with domicile in 49 cours de la république, Le Havre, 76600 France, and SIREN number 831537774 (hereinafter, “Haouati”)
The client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Haouati’s website: https://www.haouati.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Haouati shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Haouati for services rendered shall remain and continue to be an ongoing obligation owed by Client to Haouati.
Haouati and Client are singularly referred to as the “Party” and jointly referred to as the “Parties”
The Parties acknowledge to possess enough legal capacity to execute this Agreement for the Provision of Services (hereinafter, the “Agreement”) and manifest the validity of the statutory powers of their respective representatives, along with the represented companies.
- Haouati is providing the services described in the Website at the date of the order placement.
- The Client is interested in using the services offered by Haouati, according to the characteristics and functionalities described in the Website at the date of the order placement.
- By virtue of the foregoing and in order to establish the rules that may regulate their relationship with the intention to lead a friendly and cooperative relationship, the Parties have agreed to enter into this Agreement which shall be governed by the following.
The purpose of this Agreement is the provision of the purchased service as described in the Website at the date of the order placement (hereinafter, the “Services”).
This Agreement shall have a term defined in the Website at the date of the order placement.
The Parties agree that the price of the services engaged as well as VAT or other taxes (which may apply or be applicable) together with the method of payment for the Services included in this Contract shall be determined in accordance with the provisions defined in the Website at the date of the order placement.
Haouati, in the event that the Client may require additional or complementary services to those contracted for as described in the Website at the date of the order placement, will issue an “additional order for services” that will include the new price and requirements or conditions of the agreed offer, respecting the contents of the Website at the date of the order placement in everything that the additional order does not expressly modify.
As soon as the Client accepts the “additional service order”, this will be annexed to the main contract and will automatically produce effects at Haouati’s current rates in effect at the time of the Client’s acceptance.
Fourth. Intellectual and industrial property
The Client acknowledges and agrees that the purchase of the Services does not imply the acquisition of intellectual property rights of any kind on the information, content, design, structure, compilation, and in general everything that has a direct or indirect relationship with Haouati.
Likewise, Haouati declares that it has all the intellectual and/or industrial property rights of and/or right of use, on the totality of the contents that make up the Services, on its developments or programming, as well as on the means by which they are provided.
Fifth. Trademarks and image rights
The Client accepts by signing this Agreement that Haouati can use its data and corporate image (logo) as a Client of Haouati in the different means of promotion that it uses to present its services to third parties, such as webpage and/or blog, social networks, catalogs and/or corporate brochures, among others, committing Haouati to treating them correctly at all times, and respecting the right to honor and brand image of the Client.
Sixth. Obligations of Haouati
Haouati warrants that it will adopt all measures at its disposal to ensure that he ensures the safeguarding and integrity of the Clients intellectual and industrial rights, know-how, software and data used, notwithstanding any that may be handled as a result of the provision of the Services.
Haouati guarantees compliance with this Agreement for matters related to the maintenance of services, security, confidentiality, data protection and minimum level of services.
Seventh. Obligations of the Client
The Client undertakes to use the Services with the appropriate diligence, following the instructions and guidelines given by Haouati for the correct provision of the The Services, using them only and exclusively for the purposes for which they were created.
Eight. Processing of personal data
Regarding the processing of personal data that may be processed under this contract and in accordance with Regulation No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and other associated regulations that develop it, the Parties commit themselves to make good use of the same, adopting the technical, organizational and procedural measures that as far as possible ensure the security and proper use of the data processed.
Both Parties agree to connote confidential information to all information arising as a result of the performance of this Contract as well as the development thereof is generated considering also as confidential all information and everything related to it as, in particular, information relating to the organization, accounting, financial activity, business strategy, methodology, technical characteristics of equipment and software used by the Parties, not being allowed to disseminate, use, copy or provide it to third parties, except with the express written agreement of the other Party.
Tenth. Responsibilities and limits to liability
Haouati and the Client shall be liable for the damages and losses caused to the other Party in case of willful or negligent conduct in compliance with the obligations of this Agreement that pertain to them respectively.
Haouati shall not be liable, in any case for:
- The possible expenses arise from litigation in between the Client and a third party.
- The Client using the Services for other purposes than for what they were strictly provided.
- The Client failing to obtain customers based on the Services provided by Haouati.
Fortuitous Case and Force Majeure: None of the Parties shall be responsible for the delay in the execution of its obligations or for the non-execution of the same ( excluding the default of payment to the other party) if such default was motivated by unforeseeable causes or for force majeure reasons, As soon as the Party which may have been involved in one of these situations becomes aware of any possible adverse effects or if such effects have already occurred and is in the position to communicate the loss to the other Party, it shall do so as promptly as possible in order to mitigate damage maximally, avoid future damage and jointly adopt the most appropriate solution.
The events of force majeure, as well as the termination of the Agreement, based on the foregoing, shall not exonerate the Client from the fulfillment of the outstanding payment obligations until the date of interruption of the services, if he had not paid them in full.
Eleventh. Early Termination
Request for early termination of this Agreement can occur in the following cases:
- At the Client’s request with 7 days’ notice.
- By Haouati, in the event of default of payment by the Client or breach of any of the obligations arising from this contract.
In the event that, according to the previous section, any of the Parties decides to terminate the contractual relationship, it must notify the other with at least thirty (7) days’ notice.
In the event of early termination by the Client, the Client shall lose the amount paid up to that moment as a penalty. Also, the early termination requested by the Client, does not release the same of any payment due or expired at the moment that the request was made.
Twelfth. Termination of the agreement
The Agreement shall be extinguished:
- For the course of it.
- Because any of the causes set forth in Clause Eleventh occurs.
- By mutual agreement between the Parties.
- For breach of the obligations stipulated in this Agreement.
In the event that the Agreement is terminated due to the Client’s breach of its obligations, it shall lose the amount paid up to that moment as a penalty. Also, the breach of contract by the Client, does not release the same of any payment due or expired.
Fourteenth. Electronic communications, transactions and signatures
Client hereby consents to receive electronic communications from Haouati and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Haouati or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
This Agreement, and all other documents and agreements contemplated therein represent the entire agreement between the Parties regarding the subject matter hereof and, unless this Agreement expressly provides otherwise, voids all contracts, agreements, commitments and previous written or oral negotiations between the Parties or their subsidiaries or corporations of the same group of companies, unless the Parties have signed a non-disclosure agreement, which shall be the only document fully valid and applicable.
If the Parties have entered into a non-disclosure agreement, such agreement shall remain in force and shall be deemed to be part of the Tenth Clause and, therefore, of this Agreement.
The Parties hereto may only modify or amend this Agreement at any time, only by a written instrument duly executed and delivered by each Party hereto.
This Contract and the obligations derived from it cannot be assigned to a third party, unless expressly agreed in writing by the other Party.
If any of the terms, clauses or provisions of this Agreement cause doubts with respect to their interpretation or are invalid, null and void or illegal, they shall be deemed not to have been entered into and the content of the remainder of the Agreement or any of its terms, clauses or provisions shall not be affected in any way and remain in full force and effect. Pursuant to the foregoing, the same shall apply when a part of the contract raises interpretative doubts or is declared invalid, null and void or illegal by means of an order, decree, or judicial decision. Likewise, the rest of the contract shall remain in force with respect to the rest of its provisions, unless such integration causes a disproportionate prejudice to the Parties or constitutes a substantial deviation from the intention and general purpose of the will under which they entered into the contract contained in the agreement in question.
Sixteenth. Jurisdiction and legislation
This Agreement shall be governed by French law, and the Parties expressly submit to the exclusive jurisdiction of the Courts of Paris for the resolution of any dispute arising thereof, waiving any other jurisdiction. The Parties may freely appoint the legal representation they deem appropriate.
Seventeenth. Contact information
For any questions or complaints regarding the Website, please contact Haouati at:
By placing an order in the Website, the parties acknowledge that this contract has been conveniently accepted by the parties and expressly consented to its perfection through the use of electronic signatures, giving the signature the same value as a hand-signed paper document.
Version 2.0. February 25th, 2021