Terms & Conditions

Publisher
Trading name: Devopsy
Company: Gaspard Boudoux d’Hautefeuille, EI
Activities: Programming and infrastructure (DevOps), consulting and other IT activities
Company identifier (SIREN): 951 759 851 RCS Amiens
Registered office: Château de Monsures, 80160 Monsures, France
VAT: not applicable, art. 293 B of the French General Tax Code (CGI)
Director of publication: Gaspard d'Hautefeuille
Hosted by: Scaleway SAS, BP 438 75366 Paris CEDEX 08 France
Contact Us
Mobile: +33 7 49 84 30 84
Email: gaspard@devopsy.fr
General Conditions

Version 2.0 (12/06/2024)

For retail and professional clients:

Digital servicesDevopsy BespokeDevopsy Prime
DescriptionFine-tuned programming and infrastructure (DevOps) solution carrying out the client's requirementsManaged IT services subscription
Accepted currenciesEUR, CHF, GBP, USD
Invoicing currencyDevopsy usually provides quotes in EUR. Nevertheless, depending on the client's business location or the client's preferred currency within our list of accepted currencies, the quote can be provided in foreign currency equivalent to the client's preferred channel. Once the quote is signed, the agreed currency is accepted as the invoicing currency
EUR exchange rateUpon client request and Devopsy's acceptance, the invoicing currency can differ from the formerly agreed currency and be set to EUR. The applicable exchange rate for conversion of the former invoicing currency into EUR shall be calculated on the day invoice is issued, or the preceding TARGET business day if invoice is issued on a TARGET closing day, according to the Euro foreign exchange reference rate for such currency published on the ECB website at around 16:00 CET.

Let us define FORMER_CUR as the formerly agreed currency.
Invoice amount (EUR) = Invoice amount (FORMER_CUR) x (1 / EUR reference rate for the FORMER_CUR)

Latest CHF Rate: 0.9546

Latest EUR Rate:

Latest GBP Rate: 0.8451

DisbursementDisbursements may occur (domain name renewal, plugin & template licenses, server hosting, hardware purchase or rental) and will be passed on to the client without markup. Any disbursement will have to be paid back to Devopsy within 10 days of the issuance of the disbursement invoice
Delivery dateUnless specified to the contrary on the quote itself, it will be delivered within 30 days from the agreed starting date. If it is still not delivered after 7 days following the end date, the client has the right to cancel the orderUnless specified to the contrary on the quote itself, it will be delivered within 24 hours for emergency matters, and between 48 hours to 30 days for other matters from the agreed starting date. If it is still not delivered after 7 days following the end date, the client has the right to cancel the order and be fully refunded from any prepayment done for the monthly period
Delivery and contract execution termsEstimates which may be required by the client are non-binding. Quotes are only binding for the execution of the agreement if this is confirmed expressly in writing by both parties. Every quote or estimate is to be considered as a whole. The removal of single items or an alteration of the nature & quantity of items or of the delivery location requires our approval. Devopsy bears full responsibility for the order delivery to the client
Payment methodBank transfer to business bank account
Payment termsThe payment terms are subject to the cooling-off period terms.
In addition, a 25% advance payment is required to commence the provision of services and is due upon email reception of the advance payment invoice. If no advance payment invoice was provided despite the quote requiring an advance payment, the advance payment will be immediately due upon contract completion without further delay.
The article L441-9 of the French Consumer Code states that any provision of services for a professional activity is subject to invoicing and that Devopsy is required to provide the invoice upon completion of the provision of services within the meaning of 3 of I of article 289 of the French General Tax Code (CGI): the invoice is, in principle, issued upon completion of the provision of services. The client is required to request the invoice.
One-off payment of the remainder within 30 days following contract completion
Yearly subscription paid monthly within 30 days. No advance payment is required
Late paymentThe VAT-free penalty interest is based on the current semi-annual ECB refinancing rate, in force on January 1st or July 1st increased by 10 points. As an indication:
  • the semi-annual ReFi rate for the first semester of 2024 until June 30th is 4.5%, which makes an interest rate of 14.5%.
  • the penalty rate may not be less than 15.21% for the first semester of 2024 (3 x on current statutory interest rate).
Penalty interest = amount due x interest rate x (No. of days late / 365).
For professional clients only: a fixed VAT-free indemnity of EUR 40 or foreign currency equivalent is also required
Cooling-off periodBy default, unless specified to the contrary on the agreed quote, the client has a 14-day cooling-off period where he can cancel Devopsy Bespoke. Nevertheless, upon client request, Devopsy Bespoke can begin straight away: therefore, the client immediately gives up his right of withdrawalThe clients gives up his right of withdrawal so that Devopsy Prime can begin straight away and before the expiry of the 14-day cooling-off period
Legal guarantee of conformity

The client has a period of two years from the supply of digital service to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. For a period of one year from the date of supply, the client is only required to establish the existence of the lack of conformity and not the date of appearance of it.

The legal guarantee of conformity takes obligation to provide all the updates necessary to maintain the conformity of the digital service.

The legal guarantee of conformity entitles the client to the service compliance without unjustified delay depending on their request, without costs and without major drawbacks for him.

The client can obtain a price reduction by retaining the digital service or he can put an end to the contract by being reimbursed entirely against renunciation of the digital service, if:

  1. The professional refuses the service compliance;
  2. The service compliance is unfairly delayed;
  3. The service compliance cannot take place without charging the client;
  4. The service compliance causes a major drawback for the client;
  5. The service non-compliance persists despite the compliance attempt remaining unsuccessful.

The client is also entitled to a price reduction or the termination of the contract when the lack of conformity is so serious that it justifies the immediate price reduction or contract termination. The client is not required to request the service compliance beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to the cancellation of the contract if the contract does not require a payment.

Any period of digital service unavailability during the compliance restoration suspends the remaining guarantee period until the service is compliant again.

The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

The professional who hinders in bad faith in the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10 % of the average annual turnover (article L. 242-18-1 of the French Consumer Code).

The client is entitled to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity of the digital service during the subscription period. And during this period, thecclient is only required to establish the existence of the lack of conformity and not the date of appearance of it.

The legal guarantee of conformity takes obligation to provide all the updates necessary to maintain the conformity of the digital service during the subscription period.

The legal guarantee of conformity entitles the client to the service compliance without unjustified delay depending on their request, without costs and without major drawbacks for him.

The client can obtain a price reduction by retaining the digital service or he can put an end to the contract by being reimbursed entirely against renunciation of the digital service, if:

  1. The professional refuses the service compliance;
  2. The service compliance is unfairly delayed;
  3. The service compliance cannot take place without charging the client;
  4. The service compliance causes a major drawback for the client;
  5. The service non-compliance persists despite the compliance attempt remaining unsuccessful.

The client is also entitled to a price reduction or the termination of the contract when the lack of conformity is so serious that it justifies the immediate price reduction or contract termination. The client is not required to request the service compliance beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to the cancellation of the contract if the contract does not require a payment.

Any period of digital service unavailability during the compliance restoration suspends the remaining guarantee period until the service is compliant again.

The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

The professional who hinders in bad faith in the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10 % of the average annual turnover (article L. 242-18-1 of the French Consumer Code).

Legal guarantee against latent defects The client also benefits from the legal guarantee against latent defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital service is kept or a full refund against renunciation of digital service.
Customer serviceCustomer service can be contacted at the following email address: gaspard@devopsy.fr or by submitting a ticket to the help desk
Consumer mediation In the event of a complaint from the client, the latter may contact Devopsy Technical Assistance by email. If, however, the client is not satisfied with the response provided by Technical Assistance, the latter may contact Devopsy Consumer Service. The client's request will be studied within 30 days from the date of receipt of his complaint.
The client may also contact the Consumer Mediator in the following cases:
  • If the client has exhausted all the internal remedies available to him (Technical Assistance then Consumer Service) and the latter is not satisfied with the answers provided;
  • If the client has not received a response from Technical Support within 60 days or from Consumer Service within 30 days.

To contact the mediator, the client must complete the form available via the European Online Dispute Resolution (ODR) platform.

Furthermore, if the client is not satisfied with the results of the ODR platform, he can bring the matter before the Commercial Court of Amiens (Tribunal de Commerce d'Amiens, 18 Rue Lamartine, 80002 Amiens)

Intellectual Property
Devopsy is the exclusive owner of intellectual property rights and holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, video sequences, animated sound or not, and other documents present on the website, or have been the subject of a partial transfer of law or an authorization to publication by their authors. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written permission of Devopsy. Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting a counterfeit and prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property code.
Data privacy

Data processing

In France, the personal data are notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the French Penal Code and the European directive of October 24, 1995. On the occassion of the use of the site devopsy.fr, can be collected: visitor's name, visitor's email address, visitor's phone, and any personal message sent by email to Devopsy. The user provides these informations with full knowledge of the facts, especially when he types them himself. It is then specified to the user of the site devopsy.fr the the possibility to provide or not these informations.

In accordance with the provisions of articles 38 and following of the law n° 78-17 of January 6, 1978 related to data protection, any user has a right of access, rectification and opposition concerning his personal data by making his request written and signed, accompanied by a copy of the identity document with the holder's signature, and by specifying the email address for the reply. No personal data of the user on the site devopsy.fr is neither published without the user's knowledge nor exchanged, transferred, given or sold on any medium to third parties.

Data Protection Officer

The Data Protection Officer on the devopsy.fr is Gaspard d'Hautefeuille. These data will in no case be transmitted to third parties unless the transmission of these is made necessary by the supply of a service, especially for technical reasons.

Safeguarding of data

The data are stored in compliance with French law and European regulations. Your personal data are processed and hosted on servers located in the European Union. However, it is possible that they are transferred to a subcontractor whose servers are located in a third country (non-EU). In this case, we will inform you and we will take all the necessary measures to safeguard your data and to comply with the legal and regulatory obligations. We will ensure that they are protected in the same way as if they were used within the European union.

Devopsy attaches great importance to your personal data and therefore enforces a sufficient protection level through technologies and measures aimed at protectiong your privacy against unauthorized access and abusive use. These measures include - non-exhaustively - an HTTPS connection, traceability of connection sessions, encryption of data exchanges, as well as various software & hardware protection methods.

Access rights to collected data

In accordance with the French Data Protection Act of January 6, 1978 modified by the law of August 6, 2004, you have a right of access, rectification and opposition to personal data concerning you. You only need to send an email to the Devopsy Data Protection Officer via email, indicating your first & last name, email and postal address. In accordance with the regulations in force, your request must be signed and accompanied by the copy of an identity document bearing your signature and you have to specify the email address for the reply. Devopsy will then reply to you within 2 months following receipt of the request.

What is a cookie?

A cookie, or connection witness, is a small text file which can be placed on your device while you are accessing with your browser a website or a webapp. A cookie file allows its transmitter to identify the devise in which it is saved, during the validity or recording period of the cookie. Some cookies are essential to the use of a site, others allow you to optimize and personnalize the content displayed.

Cookies used on devopsy.fr

There are currently none.