Terms and Conditions

Acinonyx Web Agency is a business name of Acinonyx Corporation, Belize Companies Registry No. 000030435.
Head Office: New Horizon Building, Ground Floor, 3 1/2 Miles Philip S.W., Goldson Highway, Belize City, Belize.

These Terms and Conditions govern all sales of digital products and services offered by Acinonyx Web Agency to clients in France and abroad. Distance sales to consumers located in the European Union must comply with the applicable pre-contractual information rules and withdrawal-right framework, with a possible exception for digital content supplied on a non-material medium when performance begins with the customer’s express consent and the customer expressly waives the right of withdrawal.

1. Scope

These Terms and Conditions define the terms under which Acinonyx Web Agency sells digital products and services, including modules, plugins, extensions, software licenses, development services, maintenance services, support services, audits, integrations, technical fixes, deliverables, and any other dematerialized content or service.

2. Applicability

These Terms and Conditions apply to any order placed on the agency’s website, by quotation, by invoice, by payment link, or by any other remote contracting method accepted by Acinonyx Web Agency. They apply unless expressly agreed otherwise in writing between the parties.

By validating an order, paying an invoice, or accepting a quotation, the client acknowledges having read and accepted these Terms and Conditions in full.

3. Seller Information

The seller is:

• Business name: Acinonyx Web Agency

• Legal entity: Acinonyx Corporation

• Registration: Belize Companies Registry No. 000030435

• Registered office: New Horizon Building, Ground Floor, 3 1/2 Miles Philip S.W., Goldson Highway, Belize City, Belize

Operational contact details, including support email address or contact form, are those displayed on the website or provided on commercial documents sent to the client.

4. Products and Services

The products and services sold are exclusively or mainly delivered in digital form. They may include, depending on the case, a download, online access, delivery of a file, delivery of a license, access to a private area, or the remote performance of an intellectual service.

The essential characteristics of each product or service are described on the product page, quotation, commercial proposal, or any contractual document provided before the order. The client is responsible for checking that the product or service is suitable for their needs, technical environment, and business constraints before purchase.

5. Ordering

An order is deemed formed once validated by the client and payment has been accepted, or once a quotation has been expressly accepted where this formality is required. Acinonyx Web Agency reserves the right to refuse or cancel any order in the event of suspected fraud, non-payment, manifestly incorrect information, serious technical impossibility, or a request that falls outside the advertised scope.

The client must provide accurate, complete, and up-to-date information. The client is solely responsible for the information provided at the time of ordering.

6. Prices and Payment

Prices are stated in the currency specified on the website, quotation, invoice, or payment link. Unless otherwise stated, prices are exclusive of taxes, duties, bank fees, currency conversion fees, local withholding taxes, or any other charges that may apply in the client’s country.

Payment is due according to the terms indicated at the time of ordering or on the invoice. Unless otherwise agreed, digital products are payable at the time of order. Services may be subject to full payment upfront, a deposit, milestone payments, or interim invoicing depending on the project.

In the event of late payment or non-payment, Acinonyx Web Agency may suspend performance of the order, refuse any new order, disable access to undelivered deliverables, or take any appropriate recovery action.

7. Delivery of Digital Products

As the products are dematerialized, no physical delivery is made. The product or service is provided electronically, including by download, remote access, file delivery, license transmission, access to a repository, delivery of credentials, or availability in a dedicated area.

Unless otherwise stated, delivery takes place after payment confirmation, immediately or within a reasonable time depending on the nature of the product or service. No shipping fees apply to purely digital products.

8. Performance of Services

Any performance timelines provided by Acinonyx Web Agency are indicative unless expressly agreed as binding. These timelines may be extended in the event of delays caused by the client, including lack of response, lack of access, late approval, scope changes, late provision of content or required information, or any event beyond the agency’s control.

Any additional request, change in scope, specific adaptation, intervention on an element not originally planned, or correction of a problem caused by a third party may be billed separately.

9. Right of Withdrawal

Where a client qualifies as a consumer and benefits from a right of withdrawal under the applicable rules, this right is generally 14 days for distance contracts. Under French law and, more broadly, EU law, this right does not apply to digital content supplied on a non-material medium where performance has begun with the consumer’s express consent and after express waiver of the right of withdrawal.

Accordingly, for any digital product that is downloaded, delivered, activated, opened, accessed, or made available without a physical medium, the client acknowledges requesting immediate performance of the contract and agrees that supply may begin before the end of the withdrawal period. The client also acknowledges that the right of withdrawal is lost once performance has begun where the legal conditions for exclusion are met.

For services, where the client expressly requests that performance begin before the end of the withdrawal period, the client agrees that the service may begin immediately. If the service has been fully performed before the end of the applicable period with the client’s express consent, the right of withdrawal can no longer be exercised under the applicable legal conditions.

10. Refund Policy

Digital products that have been downloaded, delivered, activated, started, consumed, or made available are non-refundable, subject to any mandatory rights that may apply to the client.

The following wording may be used on invoices and commercial documents:

Downloaded digital products and services already started or consumed are non-refundable in accordance with our Terms and Conditions.

No refund will be granted in cases including, without limitation: order error, change of mind, lack of need after delivery, incompatibility with an environment not stated as compatible, conflict with a third-party module, override, non-native customization, third-party intervention, server misconfiguration, misuse, or a request relating to a feature that was not promised.

However, a refund request or goodwill review may be considered on a case-by-case basis in the event of a proven technical defect making the product unusable in an explicitly stated compatible environment, a substantial non-conformity between the delivered product and its description, or an inability to deliver attributable to Acinonyx Web Agency.

11. Support and Assistance

Where support is included, it covers only the scope expressly mentioned on the product page, quotation, or invoice. Unless otherwise stated, standard support covers the native operation of the delivered product and reasonable assistance relating to installation or standard use.

The following are excluded from standard support unless specifically agreed: custom development, adaptation to a particular need, debugging of third-party elements, correction of conflicts caused by external modules or extensions, overrides, changes to the CMS core, hosting issues, client misuse, and any intervention outside the advertised scope.

12. Client Obligations

The client agrees to provide all information, access, content, credentials, technical references, approvals, and decisions necessary for proper performance of the order. The client also agrees to use the products and services in accordance with their intended purpose, the documentation provided, and industry standards.

The client remains responsible for backups, technical environment, updates, access security, and prior verification that the product is compatible with their site, server, theme, modules, and software versions.

13. Intellectual Property

Unless expressly stated otherwise, the products, deliverables, code, visuals, documents, scripts, modules, methods, mockups, documentation, and content provided remain protected by applicable intellectual property laws.

Unless expressly assigned in writing, the sale of a digital product or the performance of a service does not transfer intellectual property rights beyond a right of use consistent with the purpose of the contract. Reproduction, resale, redistribution, assignment, sublicensing, publication, or use of the provided elements beyond the rights granted is prohibited.

14. Liability

Acinonyx Web Agency is bound by an obligation of means, unless expressly agreed otherwise. It shall not be liable for indirect damages, loss of revenue, loss of data, loss of business, loss of clientele, damage to reputation, lost profits, or consequences arising from the professional use of the product or service.

The agency shall not be liable for issues resulting from a third-party service, external API, vendor-imposed change, CMS update, software update, faulty hosting, misconfigured server, third-party plugin, third-party theme, code altered by the client or another provider, or force majeure.

In any event, and unless mandatory law provides otherwise, the total liability of Acinonyx Web Agency in relation to an order shall be limited to the amount actually paid by the client for the relevant order during the previous 12 months.

15. Force Majeure

Neither party shall be liable for any delay or failure resulting from an event reasonably beyond its control, including but not limited to general network outage, unavailability of an essential third-party provider, major cyberattack, natural disaster, administrative decision, labor dispute, war, pandemic, telecommunications blockage, or unavailability of the platforms required for performance.

16. Data and Confidentiality

Each party agrees to keep confidential any non-public information obtained in connection with the contractual relationship. Where applicable, the processing of personal data is governed by the privacy policy published on the website or communicated to the client.

The client remains responsible for the lawfulness of the data, content, and processing it implements in connection with its own activities, including where Acinonyx Web Agency is instructed to provide technical work.

17. Claims

Any claim relating to an order must be submitted within a reasonable time after the issue is discovered, together with all information useful for assessing the claim. The client agrees to cooperate in good faith with Acinonyx Web Agency in order to identify, reproduce, and, where appropriate, correct any malfunction.

18. Governing Law and Disputes

These Terms and Conditions are governed by the law designated in the contractual documents of Acinonyx Web Agency or, failing that, by the law applicable under the relevant conflict-of-law rules. This clause does not deprive a consumer benefiting from mandatory protective provisions in their country of residence of the rights they may have under those mandatory provisions.

In the event of a dispute, the parties shall first seek an amicable solution. Failing an amicable agreement, the dispute may be brought before the competent court under the applicable rules.

19. Language

These Terms and Conditions may be provided in French and/or English. In the event of any discrepancy between language versions, the version expressly designated as the reference version in the contractual documents shall prevail.

20. Updates to These Terms

Acinonyx Web Agency reserves the right to modify these Terms and Conditions at any time. The applicable Terms and Conditions are those in force on the date of the order.