1. Scope
These terms apply to the services sold by Proxymis Multimédia through red5chat.com: custom video chat development, installation, configuration, hosting and support (the “Services”).
Subscriptions to Dialogoo, HTML5-Chat or Fuxxy.fr are sold on those sites, under their own terms of sale.
2. Quotes and orders
Every Service is the subject of a personalised written quote, valid for 30 days. The order is final once the client returns the signed quote, or accepts it in writing by email, and pays the deposit stated in the quote.
3. Prices
Prices are in euros. They are shown excluding VAT for business clients and including VAT for consumers. The price that applies is the one on the accepted quote.
4. Payment
Unless the quote says otherwise, a 30% deposit is due on order and the balance on delivery, by bank transfer or PayPal. Hosting and support are billed in advance for the period ordered.
For business clients, any late payment incurs penalties at three times the French legal interest rate and a fixed recovery fee of €40 (article L441-10 of the French Commercial Code).
5. Delivery and acceptance
Delivery dates in the quote are estimates. Delivery means providing the installed chat, the access details or the files ordered. The client has 8 days after delivery to report in writing any non-conformity with the quote; after that, the Service is considered accepted.
6. Right of withdrawal (consumers)
A consumer has 14 days from the order to withdraw, without giving a reason, by writing to [email protected]. Any payment is refunded within 14 days.
If the consumer expressly asks for the Service to start before the end of this period, they pay an amount proportional to the work already done. The right of withdrawal no longer applies once the Service has been fully performed with the consumer’s prior express agreement, or for software made to the client’s own specifications (article L221-28 of the French Consumer Code).
7. Client’s obligations
The client provides the information, content and server access needed for the Service. The client is responsible for the content published on their chat and for its compliance with the law, in particular moderation, protection of minors and personal data.
8. Intellectual property
Once the full price has been paid, the client may use the delivered developments for the website(s) named in the quote. Any transfer of source code and the extent of the rights granted are stated in the quote. Proxymis Multimédia keeps the rights to its pre-existing tools and components.
9. Warranty and liability
Consumers benefit from the legal guarantee of conformity provided by the French Consumer Code. Proxymis Multimédia commits to using all reasonable means to perform the Services.
For business clients, the liability of Proxymis Multimédia is limited to the price paid for the Service concerned, and excludes indirect damage. Proxymis Multimédia is not liable for failures of third-party services: hosting providers, browsers, networks or chat platforms.
10. Hosting and support
Hosting and support are ordered for the period stated in the quote and renew under the same conditions unless cancelled in writing one month before the end of the period.
11. Personal data
Client data is processed as described in our privacy policy.
12. Disputes
In case of a dispute, please contact us first at [email protected] so we can look for an amicable solution. A consumer may also refer the matter, free of charge, to a consumer mediator.
These terms are governed by French law. For business clients, any dispute falls within the exclusive jurisdiction of the courts of Lille, France.