General Conditions for the Provision of Services

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In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 on Confidence in the digital economy, known as LCEN, it is brought to the attention of Users of the site MH Assistante Administrative,these general conditions.

 

The connection and navigation on this site by the User implies full and unreserved acceptance of the legal notices, accessible on the site under the heading "Privacy Policy & GDPR".

 

1. OBJECT

The general conditions of sale described below detail the rights and obligations of

 

Mayke HAMERLING EI “MH Administrative Assistant”

43, Rue du Barry, 31420 AURIGNAC

SIRET 913 355 756 00010 RM31    

 

and

 

of its individual or professional client in connection with the sale of the following services:

• Administrative assistance (secretarial, organisation, etc.)

• Commercial assistance service (quotes, invoices, reminders, direct mail, etc.)

• Travel management

• Web creation, DTP, Facebook page, Instagram, communication, computer graphics, … (non-exhaustive list)

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2: PLACES

The services provided for in article 1 may be on site (at the private individual's, or in the company) or remotely, after everyone's agreement.

Mayke HAMERLING may perform its services at the Client's premises. The equipment necessary for the performance of the service must be made available to Mayke HAMERLING (computer, printer, telephone, etc.). Travel costs may be charged additionally. The services can also be carried out remotely (teleworking). In this case, any material costs will be defined in advance and included in the quote. The place of performance of the mission is specified in the estimate and recalled on the invoice sent to the Client.

In the event of a change of location resulting in additional costs, in particular travel, meals, etc., these will be passed on to the Customer.

Any hour started is billed in full. In the event of travel, travel time and mileage costs are invoiced according to the 2020 scale in force, revisable from February 2021 (Order of February 26, 2020 – art. 1).

 

3: PLACEMENT OF ORDERS AND QUOTATIONS

Each order is preceded by a free and non-binding estimate, drawn up by Mayke HAMERLING, on the basis of the information provided by the Customer.

The estimate sent by Mayke HAMERLING to the Customer, by hand, by post, or by e-mail, specifies in particular:

– The type of service requested

– The price of the service invoiced either by the task or on a flat-rate or hourly basis on the basis of the price in force on the day of the realization of the estimate

– The date of delivery or performance of the service

– The period of validity of the estimate

– Methods and terms of payment

– That these T&Cs are attached thereto.

 

Failing receipt of acceptance of the quote, the Service Provider reserves the right not to start the service.

For the purposes of proof of the existence of this quote acceptance, the Customer agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer medium.

In the event that no prior quote has been sent to the Customer by the Service Provider, the services will be invoiced in accordance with the basic rate usually applied by the Service Provider (see Article 5).

 

4: REALIZATION

Mayke HAMERLING undertakes to provide the services requested by the client and to return to him the documents and work carried out on his behalf by one of the various means used when accepting the quote: hand delivery, email, mail or courier (shipping costs borne by the customer).

Sales of services are only concluded after acceptance of an estimate and these general conditions of sale by the customer.

 

The services requested by the customer will be provided within a reasonable period of time from Mayke HAMERLING's receipt of the signed quote accompanied by the required deposit (see article “Payment”).

 

The Customer is required to check the quality of the service. The printing projects will be validated by the customer by sending a proof to be printed which he must return to Mayke HAMERLING with the mention “good for printing” representing compliance and final acceptance by the customer.

 

In the absence of reservations or complaints expressly made by the customer upon receipt of the services, these will be deemed to comply with the order, in quality and quantity.

Mayke HAMERLING will rectify as soon as possible and at her expense, the services provided whose lack of conformity has been duly proven by the client.

 

As far as possible, Mayke HAMERLING will take into account any changes to the order requested by the customer provided that they are notified in writing (email or post) at most 2 days before the date scheduled for the provision of the services and after signature of a new estimate and possible adjustment of the price.

 

In the event of cancellation of the order by the customer after its acceptance, for any reason whatsoever except force majeure, the deposit paid with the order, as defined in the "Payment" article of these General Conditions of Sale will be automatically acquired by Mayke HAMERLING and cannot give rise to any reimbursement.

 

5: DELIVERY

Subject to the possible receipt of the documents and materials necessary for the performance of the service, Mayke HAMERLING undertakes to respect the delivery time announced to the Customer on the estimate.

 

Exceeding justified cannot in any case give rise to the cancellation of the order or to penalties for delay.

 

Mayke HAMERLING reserves the right, after having informed the Customer, not to respect the delivery date appearing on the Customer's initial order confirmation in the event that the latter modifies or adds tasks after the establishment of the estimate by the provider.

 

The delivery date may be postponed if Mayke HAMERLING's workload has changed between the date of presentation of the estimate and its validation. The Service Provider will inform its client by email as soon as possible.

 

Delivery is made:

 – or by the direct delivery to the customer of the documents concerning the service

 – either by sending a letter or email to the attention of the customer

 – either at the place indicated by the buyer on the quote via postal mail or carrier.

 

*subject to receipt of the deposit and up-to-date payments for previous services.

 

The delivery times indicated for the postal dispatch when taking the order with the customer are only given as an indication and are in no way guaranteed insofar as they do not depend on Mayke HAMERLING, but on the carrier chosen by the customer.

Consequently, any delay in the delivery of the works cannot give rise to the benefit of the customer to the cancellation of the order or to the benefit of damages. The date to remember is either that of the postmark or the date of delivery to the carriers.

The choice of transport by post and the resulting risks are borne entirely by the customer, including in the event of a missing or damaged package during postal delivery.

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6: RULES

 

6.1 Rates

The services requested by the customer will be the subject of an estimate drawn up by Mayke HAMERLING and valid for one month. Any order is only recorded from the date on which the quote and these signed conditions of sale reach Mayke HAMERLING.

 

The prices of the services sold are those in effect on the day the quote is signed. They are denominated in euros and calculated excluding tax. (VAT not applicable, article 293B of the CGI).

 

Consequently, they may be increased by the costs necessary for the performance of the service. Mayke HAMERLING grants herself the right to modify her prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the estimate is signed.

 

The delivery costs incurred by Mayke HAMERLING will be re-invoiced to the customer according to the rate of La Poste in force or of the transport company selected.

 

In the event of an urgent request, the Customer undertakes to pay the additional costs incurred (increase on the hourly rate):

– In the evening after 6 p.m., on Saturday or in an emergency during the day: + 25%

– Sundays and public holidays: + 50%.

 

 6.2 Discounts and reductions

The prices offered include the discounts and reductions that the service provider Mayke HAMERLING may grant taking into account its results or the assumption by the client of certain services.

 

Any decision to discount, reduce or apply decreasing rates, according to a percentage or a flat rate, remains at the sole discretion of Mayke HAMERLING and this, only for the service which is the subject of it. Any discounts or rebates granted to the Customer shall in no case give rise to an acquired right for subsequent services.

 

 6.3 Payment

No discount will be granted in the event of early payment.

 

Unless otherwise stipulated, the prices are payable to Mayke HAMERLING upon receipt of the invoice and at the latest within 7 days following the date of issue of the invoice by bank transfer or cash ONLY.

 

Mayke HAMERLING will only begin providing services (Cf Article 3) upon receipt:

– the signed estimate preceded by the words “good for agreement”

– general conditions of sale signed and marked “read and approved”

–  a transfer corresponding to the 50% deposit equivalent to a firm reservation

– after receipt of the deposit.

 

Payment by check is not accepted.

 

For individuals, payment for the service will be requested on the day of the service, or upon delivery of the completed work, as the case may be.

 

Purchases of prints (business card, flyers, etc.), images or any subscriptions will be payable in advance in their entirety before validation of the orders.

 

 6.4 Late payment

In the event of total or partial non-payment of the services, Mayke HAMERLING reserves the right, until full payment, to interrupt the provision of the service.

 

The buyer must pay Mayke HAMERLING late payment penalties calculated at the legal rate in force on the day of delivery of the service. As of January 1, 2016, the legal interest rate will be revised every 6 months (Order no. 2014-947 of August 20, 2014).

 

This penalty is calculated on the amount of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary. They run automatically on the day following the date of payment shown on the invoice or, failing that, on the 31st day following the date of performance of the service requested.

 

Late payment penalties are equal to 10% of the invoice amount per month of delay. The amount of the fixed compensation for recovery costs provided for in the twelfth paragraph of I of Article L. 441-6 is set at 40 euros; it will be due automatically and without formality by the professional in a situation of delay.

 

As such, if the buyer is subject to receivership or judicial liquidation, the company Mayke HAMERLING reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

 

6.5 Termination clause

If within fifteen days following the implementation of the "Late payment" clause, the customer has not paid the remaining sums due, the sale will be automatically canceled and may give rise to the right to compensation for damages. and interests for the benefit of Mayke HAMERLING.

 

 6.5 Right of withdrawal

The customer has a right of withdrawal of 7 days, which runs from the working day following receipt of the signed quote. The right of withdrawal is excluded in cases where:

– The performance of the service must be completed before the end of the 7-day period

– The client wants an immediate project start. In this case, the parties must stipulate this in advance on the estimate or the customer must inform Mayke HAMERLING either by post or by e-mail.

Upon performance of the service, the Customer agrees that the performance of the service may not give rise to the exercise of any right of withdrawal. The service is assumed to have been performed once the invoice has been paid. The Customer may make complaints about the service provided by Mayke HAMERLING in respect of the execution of its service provision. Any complaint or dispute on the part of the Customer must reach Mayke HAMERLING, no later than 7 days after their event, under penalty of forfeiture.

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7: CONFIDENTIALITY

Each party undertakes to keep strictly confidential the data, information and documents concerning the other party, of whatever nature they may become aware of during this contract. Any document entrusted by the client, inherent to the mission, will be destroyed if it is in digital format, or returned to the client if it is in paper format, unless the client requests otherwise in writing for possible future use.

 

Mayke HAMERLING cannot be held liable for any interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is up to the Customer to inform, before or when ordering, Mayke HAMERLING of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.

 

No information is transmitted or sold to third parties, except for a legally binding reason Mayke HAMERLING.

 

8: FORCE MAJEURE

Mayke HAMERLING cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

 

Thus, Mayke HAMERLING is not responsible, in particular in the event of an accident, fire, flood, interruption of the supply of energy, raw materials or equipment, as well as in the event of force majeure. : incapacity for work, serious illness, total or partial strikes, car breakdown ... of any kind hindering the smooth running of Mayke HAMERLING's activities, such as strikes in transport, postal services, energy suppliers, telecommunications, etc. … The occurrence of a case of force majeure has the effect of suspending the execution by Mayke HAMERLING of the contractual obligations of the estimate, the order or these general conditions of sale.

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9: COOPERATION

The customer will provide Mayke HAMERLING with all the information necessary for the proper performance of the services duly accepted in the quote. The documents submitted must be legible. Any omission on the part of the Customer will result in a delay in delivery or cancellation of the order.

 

Mayke HAMERLING will be able to begin its service without having received the specifications, from the moment the deposit has been paid, the estimate and the general conditions of sale will have been returned to Mayke HAMERLING dated, signed with the mentions "read and approved and “good for agreement”. However, if the client has not returned the specifications to Mayke HAMERLING within 7 days after acceptance of the estimate, the latter cannot under any circumstances return to Mayke HAMERLING if the final result does not correspond to its expectations and whether the number of proposals stipulated on the estimate have been made. If the customer wishes a new proposal, this will be the subject of a new estimate in addition and will not be the subject of any reimbursement on the estimate initially signed.

 

If the Customer cancels a service order that is not in progress, he will not be charged any fees. Please note that if a deposit has been paid, it will not be refunded.

In the event of cancellation of an order in progress by the customer, whatever the cause, the latter undertakes to pay the totality of the service already carried out. This cancellation must be confirmed by the customer to Mayke HAMERLING in writing.

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10: RESPONSIBILITY

Mayke HAMERLING will use all the means at her disposal to take care of and preserve the computer files and other documents entrusted to her by the client for the performance of her service. However, given the risks of damage incurred by this type of support, it will be up to the customer to protect themselves by any means at their convenience.

 

Mayke HAMERLING cannot be held liable for an error caused by a lack of information or erroneous data; nor even held responsible for incompatibilities due to software versions or operating systems used by the Customer.

 

The Customer agrees that, whatever the basis of his complaint and the procedure followed to implement it, the possible liability of Mayke HAMERLING due to the performance of the obligations provided for in the order, will be limited to an amount not exceeding not the total sum actually paid by the Client, for the work provided by Mayke HAMERLING.

 

The Customer agrees that Mayke HAMERLING will not incur any liability for any loss of profits, commercial disturbance, damage that the Customer may suffer, requests or claims made against the Customer and emanating from any third party .

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11: INTELLECTUAL PROPERTY

Unless otherwise agreed in the special conditions, any document written with a view to being used by the client will remain the property of Mayke HAMERLING until payment of the full amount of the invoices relating to the provision of services.

Mayke HAMERLING remains the owner of all the intellectual property rights on the models, letters, tables, other works carried out (even at the request of the client) with a view to providing the services to the client.

 

All graphic creations are subject to copyright and will be subject to the transfer of exploitation rights for a limited period according to article L.131-3 al.1 of the intellectual property code. The customer is therefore prohibited from any reproduction or use of said models, letters, tables, other works carried out without the express, written and prior authorization of Mayke HAMERLING who may condition it on financial consideration.

 

12: IT AND FREEDOMS

In application of the law n°78-17 of January 6, 1978, it is recalled that the personal data which are requested from the customer are necessary for the processing of his order and are intended for internal use by Mayke HAMERLING. The customer therefore has a right of access, rectification or opposition with regard to information concerning him, within the time limits provided for by the law and the regulations in force.

 

Mayke HAMERLING may refer anonymously to the Client or to the services provided on behalf of the Client in its commercial communication tools (website, social networks, etc.).

 

13: LAW AND JURISDICTION

These General Conditions of Sale and the contractual relations relating thereto are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute. In the absence of amicable resolution, any dispute directly or indirectly relating to the contractual relations of Mayke HAMERLING with the customer falls under the exclusive jurisdiction of the Commercial Court of Toulouse, including in the event of multiple defendants or warranty claims.

 

In the event of a dispute between the company and an individual for non-professional needs, and in accordance with article L612-1 of the Consumer Code, the consumer has the right to have free recourse to a mediator. Referral to the mediator is free. However, the consumer will have to justify having tried beforehand and in writing to settle his dispute with the professional amicably.

 

These General Terms and Conditions of Sale are expressly approved and accepted by the customer, who declares that he is fully aware of them, and therefore waives the right to rely on any contradictory document and, in particular, his own General Terms and Conditions of Purchase, which will be unenforceable against Mayke HAMERLING, regardless of when it may have been brought to her attention.

 

 

 

SPECIAL CONDITIONS

 

 

WEBSITE REALIZATION

 

14: SUBJECT

These special conditions define:

• The conditions under which Mayke HAMERLING, designs and implements for users, natural or legal persons, (hereinafter referred to as "the Client"), websites or any element intended to be made available to a restricted public or broad and based on data transfer technologies of interconnected networks (hereinafter referred to as "the Service")

 

• The conditions under which a Customer can use the Service. The use of the Service, in any form whatsoever (website, intranet site, extranet, banners, applications, etc.), implies acceptance by the Customer of all of these conditions and the general conditions.

 

15: CONTENT

The rates mentioned for our formulas are understood (unless special agreement) without content, the Client having to provide the editorial content and the imagery for the creation of the website. In particular the text content and images (photos, illustrations), which must be provided to Mayke HAMERLING on digital media (CD-Rom, USB, email, etc.). Mayke HAMERLING cannot be held responsible for the nature of the content.

 

In the event that Mayke HAMERLING is charged by the Customer with the editorial part of the website and/or the taking of photos, payment of the final invoice will constitute validation by the Customer of the general content of the site. Responsibility for the nature of the content cannot therefore be borne by Mayke HAMERLING.

 

Mayke HAMERLING reserves the right to refuse to include excessive, defamatory and/or illegal content on a website. In the case of a site administered by the Customer, Mayke HAMERLING reserves the right to delete or modify content of the same nature and Mayke HAMERLING cannot be held responsible for the content posted on the Internet by the Customer.

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16 – INTELLECTUAL AND ARTISTIC PROPERTIES

Any use or exploitation of the Service other than that provided for in the order must be the subject of a specific agreement.

 

No operating rights other than those provided for in the order are transferred by the effect of these conditions to the Customer.

 

Mayke HAMERLING may indicate on the Customer's site the mention "Site Created by Mayke HAMERLING" or any other mention corresponding to the creation of the Service (article L121-1 of the Intellectual Property Code).

17: DOMAIN NAMES

Mayke HAMERLING offers a verification of the availability of domain names in .com .net .org, .fr, .eu… However, Mayke HAMERLING will only offer a new Customer the reservation of a domain name within the framework of a formula also including other services (site creation or hosting). Mayke HAMERLING not being a “registra”, she reserves the right to refuse the reservation of a domain name if this reservation constitutes the only component of an order.

 

In the case of a domain name in extension .com .net .org, .fr, .eu …, the company or the person who wishes to acquire a domain name must produce the documents attesting that the said desired domain name corresponds in its trade name or trade name. For trademarks, an INPI filing document will also be requested.

 

When Mayke HAMERLING makes the reservation of a domain name for a Client, she does so on behalf of the client, and acts as administrative contact, billing contact and/or technical contact. The Customer may at any time, on simple request, demand to be mentioned as a billing, administrative and/or technical contact. He can also request that Mayke HAMERLING request the change of delegation of the said domain name to the registra of his choice, subject to the costs relating to this transfer which differ according to the registra chosen.

 

Mayke HAMERLING does not provide domain names or hosting for websites. The customer is solely responsible for reserving a domain name and subscribing to a host of his choice. However, he must provide Mayke HAMERLING with the connection information in order to be able to perform the services for his website. Mayke HAMERLING will not be responsible for any problem resulting from the purchase and/or reservation of the domain name and/or malfunctions of the host. It is the customer's responsibility to resolve these disputes with the service provider he has chosen.

 

18: REFERENCING / INDEXING OF THE SITE

The "referencing" formulas or the formulas which include a "referencing" part will be submitted by Mayke HAMERLING to search engines and directories. The results as to the “visibility” of the site (position, indexing quality) are the sole responsibility of engines and web directories.

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19: WARRANTY AND LIABILITY OF MAYKE HAMERLING

Mayke HAMERLING undertakes to make every effort to ensure the best possible quality and permanence of the Service. Consequently, Mayke HAMERLING is bound by a simple obligation of means, which the Customer expressly accepts under the terms of these special conditions.

 

If during the 7 days following the delivery of the Service to the Customer, the Customer encounters a technical error relating to the creation of the Service produced by Mayke HAMERLING, the Customer may send an email to mh.assistadm@yahoo.com . Mayke HAMERLING undertakes to respond to the Customer by providing an explanation and a time limit for correction within 96 working hours. If after the period of 7 days following the delivery of the Service to the Customer, the Customer wishes Mayke HAMERLING to manage the maintenance of its Service, the Customer must take out a maintenance contract at the price in force at the time of subscription.

 

Mayke HAMERLING disclaims all liability in the event of use of the Service that does not comply with these Conditions. Similarly, Mayke HAMERLING cannot be held liable for any delay or non-performance stipulated in these Conditions when the cause of the delay and/or non-performance results either from a case of force majeure as defined by case law. French courts, or by an act beyond its control, including, but not limited to, the interruption of Service resulting from the failure of the telecommunications network, the Customer's equipment and/or that of users . As soon as an interruption of the Service linked to a case of force majeure or exceptional maintenance would exceed thirty days, the Customer and/or Mayke HAMERLING may automatically terminate this Contract by sending the other party a registered letter with acknowledgment of receipt notifying this termination.

 

Mayke HAMERLING disclaims all liability in the event of interruption of the Service for maintenance and/or improvement work knowing that Mayke HAMERLING will do its best to, as far as possible, minimize these interruptions.

 

Under no circumstances may Mayke HAMERLING be held liable for loss of profits and/or loss of data and/or costs of acquiring replacement products and/or Services.

 

In general, Mayke HAMERLING does not grant any guarantee concerning, in particular, the ability of the Service to meet the specific needs or expectations of the Customer not expressly provided for under the terms of these conditions as well as the specific needs and / or expectations of users.

 

Without prejudice to the foregoing, Mayke HAMERLING's liability may not exceed the amount of remuneration received by Mayke HAMERLING for the creation of the Service provided to the Client.

 

20: CUSTOMER OBLIGATIONS AND RESPONSIBILITY

The Customer will provide Mayke HAMERLING within a maximum period of 15 days with the elements necessary for the performance of the Service. If this deadline is not respected, Mayke HAMERLING may automatically terminate the contract binding it to the Customer and invoice it for compensation for the achievements or creations already carried out and, or for the sums committed to third parties.

 

The Customer expressly undertakes, under penalty of termination, to comply with these General Terms and Conditions as well as its appendices, and, in particular:

• To make contact to ensure compliance with the rights of third parties with the organizations authorized for this purpose, such as, in particular, without this list being exhaustive, SACEM, SESAM, SCPP, SPPF, ADAMI, SPEDIDAM or INPI.

• Not to edit, distribute or otherwise publish content that may involve computer piracy and, in particular, without this list being exhaustive, including an incitement to piracy and/or the provision of pirated software or allowing fraudulent use of software and/or content circulating on the Internet or the provision of viruses or other and/or Trojan horses.

 

The Client in its capacity as publisher of its Content and/or Services Site remains solely responsible for its editorial content. Likewise, it is solely responsible for all the elements appearing on its Content and/or Services Site.

 

The Customer is solely responsible for the use and, where applicable, for the damage and prejudice that he or his employees may cause to Mayke HAMERLING, to one and/or the other of Mayke HAMERLING's Customers and/or to third parties as a result of using the Service or breaching these Terms.

 

The Client in his capacity as editor of his Site of Content and/or Services will be personally responsible for any declaration, request for authorization, whether prior or not, necessary for the operation of his site as well as for the performance of this Agreement.

 

The Client undertakes to include on his Content and/or Services Site, his name and contact details as well as the name and contact details of the editorial director of said site.

 

The name and contact details of the administrator designated by the Customer are those of the person who placed the order on behalf of the Customer. The Client remains free to modify the said designated administrator at its sole convenience and undertakes to send the name and contact details of the new designated administrator without delay.

 

 

HOSTING AND DOMAIN NAMES

 

21: SUBJECT

These special conditions define:

• The conditions under which Mayke HAMERLING, supports for users, natural or legal persons, (hereinafter referred to as "the Internet user"), the registration of domain names with a registra and/or the hosting of websites with professional hosts (hereinafter referred to as “the Service”), whether for domain names in .com, .net, .org, .fr, .eu… or Website Formulas in regarding accommodation

• The conditions under which an Internet user can use the Service. The use of the Service, in any form whatsoever (traditional subscription, promotional subscription, trial subscription, etc.) implies acceptance by the Internet user of all of these conditions and the general conditions.

 

22: SERVICE DESCRIPTION

The Service covered by this contract consists of the provision on the server of the hosting supplier of a disk space to permanently host all the files constituting the Internet user's website.

The access of the Internet user's microcomputer(s) to this terminal equipment is carried out under the sole responsibility of the Internet user, via the telephone network. It is up to the Internet user to obtain the necessary equipment (hardware, software, modem, telephone, etc.) to access his domain hosted by the provider. All costs incurred, directly or indirectly, to access the hosting provider's server are the sole responsibility of the Internet user.

 

23: REGISTRATION OF DOMAIN NAMES IN .COM, .NET, .ORG, .EU OR .FR

When, within the framework of our commercial offers, we register domain names for the Internet user, we cannot check whether the names that the Internet user wishes to register or the use that the Internet user wishes to make of them does not come into conflict with the legal rights of other possible users or with the legislation in force. Therefore, we urge the Internet user to carefully check whether the domain name he is going to use will not trigger complaints from other users; if necessary, we advise the Internet user to seek the advice of a legal adviser specialized in this type of question. The Internet user must in particular ensure that the domain name he plans to register is not yet effectively used by a commercial trademark already registered or does not correspond exactly to the name of a commercial company. He must be aware that a court decision may oblige him to stop the exploitation of a domain name or to transfer its use to the legal or natural person who would be recognized to have all the rights.

 

In any case, Mayke HAMERLING cannot be held liable in the case of the use of a disputed domain name, and therefore the Internet user undertakes to indemnify Mayke HAMERLING for any request, claim, condemnation to damages and interest which Mayke HAMERLING could be threatened or be subject to, including legal and attorney's fees.

 

24: POLICY REGARDING DOMAIN NAMES AND POSSIBLE DISPUTES BETWEEN PARTIES

The Internet user who has reserved or registered a domain name through us, or has a domain name already registered previously transferred to another service provider, agrees to respect and be bound by the current naming and potential disputes (Uniform Dispute Resolution Policy) published by ICANN, the organization managing all problems related to domain names on the Internet worldwide. The latest original version of this text can be found on the ICANN website.

 

All domain names registered through us belong entirely to their holders. Mayke HAMERLING will never take any steps likely to make the transfer more difficult to another host than the one initially chosen by Mayke HAMERLING provided that the accounting situation of the holder on the day of the transfer is in order.

 

25: RIGHT OF REFUSAL

We reserve the right to purely and simply refuse to register a domain name or to have a site hosted, if we deem it to be in contradiction with our commercial policy or other rules of use commonly in force on the web and applied by other operators. In the event that the Internet user's payment is already credited to us in any way, by refusing to continue to provide our services, we undertake to reimburse (excluding the deposit) the sums paid within a maximum period of 30 days. Reimbursement cannot in any case relate to domain name registrations already made as well as the hosting periods due to the host.

 

The Internet user waives the liability of Mayke HAMERLING due to any event related to the refusal of registration or hosting set out above.

 

26: ACCESS TO THE SERVICE

Access to the Service is done from a microcomputer of the Internet user, connected to a telecommunications network allowing access to the Service. The Service is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of the host, and subject to any breakdowns and/or maintenance interventions necessary for proper operation. of the Service.

 

The host chosen by the Internet user may be required to interrupt the Service or part of the Service without notice for maintenance reasons for which Mayke HAMERLING cannot be held liable.

 

27: USE OF THE SERVICE

The use of the Service is governed by the general conditions of the host chosen by the customer. The personal identification elements, consisting of a login and a password will be provided to the Internet user by Mayke HAMERLING for the manageable sites. Therefore, the Internet user is advised to modify his login and password.

 

Any use of the identification elements is made under the full responsibility of the Internet user and the Internet user undertakes to keep these elements secret. The Internet user is therefore deemed to make any connection to the Service himself using these elements, even if he pre-registers them in his computer so as to connect more easily to the Service.

 

In the event of loss or theft or fraudulent use of any of these elements, in the event of misuse or unauthorized use of these elements, Mayke HAMERLING cannot be held responsible, it will be the sole responsibility of the Internet user.

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28: RULES OF USE OF THE SERVICE

The Internet user declares to know the operation and rules of use of the Internet and acknowledges in particular:

•   be aware of the fact that data circulating on the Internet may be regulated in terms of use or be protected by a property right. The Internet user is solely responsible for the use of the data he consults or transfers on the Internet.

• to be aware of the degree of security of the Internet network: the data not always being protected against possible misappropriation, it is recalled here that the sending or the reception of any data is done at the risk and peril of the Internet user

• be aware of the nature of the Internet network, made up of an assembly of heterogeneous networks with disparate performances, and in particular of its technical performance and response times relating to the transit of information

• have taken and maintained all the necessary measures to protect its own data and programs from any possible virus circulating on the Internet network

• not to use the Service to perform any action that is illegal or likely to cause harm to others and in particular not to send UNSOLICITED e-mail messages from the host's servers by their recipients, commonly known as SPAM.

 

As a result of the foregoing, the Internet user waives the liability of Mayke HAMERLING due to any event related to the facts set out above.

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29: SPECIAL CONDITIONS OF USE

The consultation, and the deletion of his own e-mail messages when they are read, are the responsibility of the Internet user, the latter assuming all the consequences of the saturation of his electronic mailbox. Messages may be deleted without notice by the host as soon as the size of the mailbox exceeds the space provided for hosting the site.

 

The content of each site is produced by the Internet user under his sole responsibility. It is recalled on the one hand that it must be in conformity with French laws and on the other hand that it cannot contain information of an offensive, pornographic nature or inciting racial hatred.

 

The Internet user releases Mayke HAMERLING from any responsibility concerning the content of its Web page. In addition, in the event of a clear violation, all hosted files may be deleted by the host without notice, without justification, without compensation, and without this necessarily resulting in the termination of the hosting contract.

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30: RESPONSIBILITY

Mayke HAMERLING is in no way responsible for access to the Service. Mayke HAMERLING makes no warranty, express, implied or otherwise, on the ability of the Service to meet the expectations or needs of the Internet user.

 

It is also specified that the Internet user is solely responsible for any damage, direct or indirect, material or immaterial caused by himself or by one of his employees to Mayke HAMERLING and/or to the host as a result of the use of the Service. The Internet user undertakes to indemnify Mayke HAMERLING for any request, claim, order for damages and interests which Mayke HAMERLING could be threatened or subject to, including legal and attorney's fees. Mayke HAMERLING cannot be held responsible in the event of use of the Service that does not comply with the general conditions of use of the host; as well as in the event of legal proceedings against the Internet user due to his use of the Service or any service accessible on the Internet. The Internet user is solely responsible for protecting and regularly backing up all the files hosted on the host's servers. Mayke HAMERLING cannot be held liable in any way in the event of loss of data by the Internet user, who remains solely responsible for the permanent backup of all its resources hosted within the framework of the Service.

 

 

CREATION AND PRINTING OF GRAPHIC AND/OR ADVERTISING DOCUMENTS

 

33: SUBJECT

These special conditions define:

 

• The conditions under which Mayke HAMERLING designs for users, natural or legal persons, (hereinafter referred to as "the Client"), graphic elements such as logos, graphic charters, leaflets, etc. and supports the printing of graphic and/or advertising documents (hereinafter referred to as “the Service”)

• The conditions under which a Customer can use the Service. The use of the Service, in any form whatsoever (creation, printing, creation and printing) implies the Customer's acceptance of all of these conditions and the general conditions.

 

34: SUBCONTRACTORS

Mayke HAMERLING is authorized, without contrary written instructions from the client, to subcontract all or part of the work ordered by the client.

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35: DELIVERY

The delivery time is that agreed by the parties in the offer accepted by the customer.

 

The delivery time is respected if the goods or the documents, whatever the medium, are sent to Mayke HAMERLING within the agreed time. The shipment may be made by Mayke HAMERLING by any delivery service or company. In the event that no delivery time is expressly indicated, Mayke HAMERLING is required to deliver within a reasonable time, taking into account the circumstances.

 

Mayke HAMERLING is relieved of all liability towards the customer for any damage that he would suffer personally and/or that he would cause to a third party, resulting from exceeding the delivery time, if in particular and alternatively:

• The necessary documents and/or working materials are provided by the client outside the agreed deadlines

• The proofs are not given to Mayke HAMERLING within the agreed period

• The equipment provided by the customer is not ready for the proper performance of the services and services at the expense of Mayke HAMERLING

• The equipment supplied by the customer is defective

• The customer modifies the initial order or requests additional work

• The customer delays the performance of the services and/or services payable by Mayke HAMERLING, without any fault on the part of Mayke HAMERLING

• There is an overrun of the working hours initially agreed, regardless of the importance

• A case of force majeure occurs and/or events such as in particular: operating disturbance following a strike, lockout, lack of current. Exceeding the delivery time in the aforementioned circumstances does not entitle the customer to invalidate, rescind or terminate the contract concluded with Mayke HAMERLING or to claim damages.

 

The goods travel at the customer's risk and peril, even in the case of carriage paid e5 packaging.

 

The choice of carrier by post and the resulting risks are borne entirely by the Customer, including in the event of a missing or damaged package during postal delivery.

 

Validation of the proof prohibits any subsequent complaint to Mayke HAMERLING relating to the conformity of the goods delivered.

 

36: QUALITY GUARANTEE

Subject to the limitations of liability, Mayke HAMERLING guarantees the quality of its printing services and services under the following cumulative conditions:

• The client has formally accepted the written offer made by Mayke HAMERLING

• The customer has signed the necessary proofs within the agreed timeframe and has not subsequently modified his order unilaterally

• The customer has requested a printed proof which is always invoiced in addition according to the prices in force at the time of acceptance.

 

The usual tolerances in the profession for the execution and the material remain reserved, in particular as regards precision of cut, fidelity of reproduction, variation of colors and quality of the printing supports. All tolerances imposed by Mayke HAMERLING's suppliers are binding on the customer.

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37: ARCHIVING

Unless there is a written agreement, Mayke HAMERLING is not required to keep the working documents, whatever the medium (in particular, data, negatives, models, texts, translation, films, compositions, proofs and material used for the execution work). For technical security reasons, this release does not take effect until 10 days after delivery of the goods.

 

In the event of an agreement as to storage, the costs of archiving, further processing, formatting and editing will be borne by the customer. However, due to the fragility of certain documents, for example negatives, photos, USB keys, CD-ROMs, Mayke HAMERLING cannot be held responsible for any damage to which they may be subjected.

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38: OWNERSHIP OF MANUFACTURING PARTS

The manufacturing elements necessary to bring the work to a successful conclusion (models, printing projects, documents of any kind, computer files and all types of digitized data transfer medium, etc.) remain the property of Mayke HAMERLING or the subcontractor of Mayke HAMERLING who created them. Unless there is a prior written agreement to the contrary, the client may not reuse the artistic creation produced.

 

  The reproduction of drawings, illustrations, photos, snapshots, models, die-cuts, and any other work, of whatever nature, can only occur pursuant to a contract transfer of copyright, invoiced in addition. Such an assignment can only result from a written contract, and can in no way be deduced from the fact that ownership of the material medium has been transferred to the client, or from specific remuneration for creative services.

 

By signing an estimate, by signing a contract, by using a service, the Customer declares to have read these general and specific conditions, if applicable, and accepts all the provisions and rules established without any reservation or guarantee other than those stipulated here. -above.

 

TRANSLATION SERVICES

 

39. PURPOSE

Free translation refers to all types of documents that have no official and/or legal value. It thus includes all types of translation, including technical translations:

• Literary translation

• Computer translation

• Medical translation

• Legal translation

• Commercial translation. Etc.

 

Mayke HAMERLING undertakes to deliver the translated document in the target language, in the form defined in the estimate, before the delivery deadline appearing in the estimate, with a layout and finish in accordance with the client's request. This commitment cannot apply if the delay announced is due to changes made by the customer during processing, or delays attributable to the customer's response times for requests for technical clarifications from Mayke HAMERLING.

 

In the event of writing, the Service Provider undertakes to respect the Customer's instructions and to integrate the information provided (keywords, images, terminology, etc.).

The Service Provider declines all responsibility in the event of inconsistency or ambiguity in the original text/instructions, verification of the technical consistency of the final text being the sole responsibility of the Client.

 

Before submitting a document for translation to the Service Provider, the Client must ensure that he has the right to do so. He must therefore be the author of the original document or have obtained the prior written authorization of translation from the holder of the copyright of the document, in accordance with article 12 of the Belgian law of March 22, 1986 on the rights author. Failing this, the Service Provider cannot in any way be held liable if all or part of the documents entrusted by the Client were to infringe the intellectual property right or any other right of a third party or any applicable regulation. If necessary, the Customer alone would assume any damages and financial consequences that would result from his sole negligence.

Furthermore, the Client acknowledges that the translation obtained by the Service Provider constitutes a new document whose copyright is jointly held by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, and without prejudice to its economic rights in its work, the Service Provider reserves the right to require that its name be mentioned on any copy or any publication of its service.

 

In accordance with article 226-13 of the new penal code, Mayke HAMERLING is committed to total confidentiality concerning any document entrusted.

Any handwritten or difficult to read document will give rise to an added value. In the event of inconsistencies, needs for additional information, or particular technical vocabulary encountered in the source text, Mayke HAMERLING will question the client in writing, as soon as possible, in order to obtain clarifications or confirmations of the terms proposed. Any delay on the part of the client for the supply of these additional elements will have the effect of extending the delivery time required for the translation by the same amount.

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Legal Notice and Data Protection
MH Administrative Assistant - Mayke HAMERLING E.I.

The MH Administrative Assistant website can be accessed at the following address https://www.mh-assistadm.com/

 

ARTICLE I - LEGAL INFORMATION

 

A- Site publisher

The MH-assistadm.com website is published by the micro-enterprise "MH Administrative Assistant":

 

Address: 43 rue du Barry

Telephone: (+33) 0687892338

Email address : mhassistadm@yahoo.com

 SIRET : 913 355 756 00010 RM31 

                                                                                                                                         

B- Director of publication

The director of publication is : Mayke HAMERLING

Contact email address: maykehamerling@yahoo.com

 

C- Website host

The site is hosted by : WIX.com

Whose head office is located at the following address

500 Terry A. Francois Boulevard, 6th Floor, San Francisco, CA, 94158, USA.

Telephone: +1-857-600-1744

Email address: privacy@wix.com

 

D- Internet users

All users of the MH-assistadm.com website are considered as Internet users.

 

ARTICLE II - CONFIDENTIALITY

Data collected: name, first name, address, telephone, e-mail. The person responsible for processing this data is Mayke HAMERLING (see Article I - Points A & B), for purposes of communication and exchange between the user and MH Administrative Assistant. By leaving your details on a contact form, you authorize MH Administrative Assistant to keep these data.

 

Data hosting: See Article 1 - Point C. The data collected are exclusively hosted and processed in France.

 

Obligations of the data controller

He undertakes to :

Protect the personal data collected,

Not to transmit them to third parties without informing the Internet user,

Respect the purposes for which the data was collected.

To inform the Internet user in the event of rectification or deletion of the data.

 

Rights of the Internet user: the Internet user may request access to his/her data at any time by sending an e-mail to mh.assistadm@yahoo.com

A request for modification, update or deletion. To do this, he/she must leave his/her contact details: surname, first name, e-mail. A reply will be made within 30 days.

 

Cookies: the site uses a system of "anonymous cookies" (analyses, statistics, browsing comfort, etc.). It is set up to assess your interest in the content of our site. It is only used to improve the quality of our articles according to your expectations. In particular, cookies do not allow us to know your name or your e-mail address, but to know :

your IP address, in extenso your service provider,

the browser you are using, in extenso your operating system, in order to provide you with a better navigation,

the page from which the hyperlink you clicked to visit us originated, for the purpose of analyzing access data to our domains.

 

Our site does not collect any other nominative or personal information about visitors to the site than that which is openly and voluntarily provided, in particular through the e-mail addresses of its correspondents.

The Internet user may oppose their use by configuring his or her browser software.

 

NOTE: access buttons allow interaction with social networks or other sites. The publisher cannot be held responsible for the use of cookies on these sites.

 

ARTICLE III - APPLICABLE LAW AND JURISDICTION

This legal notice may be modified or updated at any time, without prior notice. This is why we invite you to consult them regularly. They are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts.

 

ARTICLE IV - CONTACT

For any report of illegal activity or content, the Internet user can contact the editor at the following e-mail address

mh.assistadm@yahoo.com or by registered mail with acknowledgement of receipt to the site editor (see article 1).

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ARTICLE V - PARTNERSHIPS, IMAGE AND VIDEO CONTRIBUTIONS

The images used are free of rights or purchased by Secrétariat Excellence on the following image banks

Unsplash

Wix

 

Personal images (portraits) are the property of Mayke HAMERLING and it is not allowed to copy or distribute them.

NB: MH Administrative Assistant cannot assume responsibility for the content of the pages that the website links to. However, the quality of the sites proposed is always a major issue for us.

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ARTICLE VI - OBLIGATIONS OF THE INTERNET USER

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A- Protection of the data of MH Administrative Assistant

In application of the French Code of Intellectual Property and, more generally, of international treaties and agreements containing provisions relating to the protection of copyright, you are prohibited from reproducing for any use other than private, as well as from selling, distributing, issuing, broadcasting, adapting, modifying, publishing or communicating, in whole or in part, in any form whatsoever, the data, presentation or organisation of the site without the prior written authorisation of the site's publisher.

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B- Comments

By leaving a comment on the site MH Administrative Assistant, you authorize the company to use it free of charge. MH Assistante Administrative will be entitled to delete any comment of an illegal nature (racism, insulting remarks, incitement to hatred...)

 

In accordance with the provisions of the French Data Protection Act of 6 January 1978 (article 34), you have the right to access, rectify, modify and delete data concerning you.

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Updated legal notice and data protection 12/06/2022

Translated with www.DeepL.com/Translator (free version)

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Made in Aurignac, June 12, 2022