General terms and conditions of sale

These general terms and conditions of sale ("GTC") govern all consulting, operational architecture and infrastructure-building services provided by LAVANA to its professional clients.

Any order placed with LAVANA implies unreserved acceptance of these GTC.

LAVANA offers operational transformation services across several levels of engagement, ranging from modernizing an operational foundation to the overall transformation of an ecosystem.

Each engagement is the subject of a tailored proposal specifying the scope, schedule, deliverables and investment.

The applicable financial terms are set out in the proposal sent to the client following the operational assessment.

Unless otherwise stated in the proposal:

• 50 % of the total amount is due upon signature, as a deposit
• 50 % of the balance is due upon delivery
• Payments are made by bank transfer within 30 days of receipt of the invoice, unless otherwise agreed
• Any late payment automatically incurs penalties at the increased legal interest rate, together with a fixed recovery indemnity of 40 € (art. L. 441-10 of the French Commercial Code)

Services are performed remotely, according to the schedule agreed in the proposal. The client undertakes to provide, within reasonable timeframes, the information, access and approvals required for the smooth running of the project.

Indicative timeframes communicated on a forecast basis are not binding deadlines unless expressly agreed in the contract.

The configurations, settings and documentation delivered to the client as part of an engagement become its property upon full payment.

LAVANA retains full ownership of its methodology, its templates, its component libraries and any generic know-how pre-existing the engagement or developed for other clients.

LAVANA and the client mutually undertake to respect the confidentiality of any information exchanged within the framework of the contractual relationship, for the entire duration of the services and for a period of five years after their completion.

LAVANA is bound by an obligation of means. LAVANA's liability may only be engaged in the event of proven fault and is capped at the total amount paid by the client for the relevant engagement.

LAVANA cannot be held liable for indirect damages, in particular loss of revenue, loss of clientele, harm to reputation or loss of data.

LAVANA can support its clients in preparing applications for regional grants (Chèque TIC Région Guadeloupe, Pass Numérique CTM, France Num schemes). This support consists of providing a compliant quote and the necessary documentation. Filing the application remains the responsibility of the beneficiary, and LAVANA does not guarantee that the grants will be obtained.

In the event of a serious breach by one of the parties of its contractual obligations that is not remedied within fifteen days following formal notice, the aggrieved party may terminate the contract by operation of law, without prejudice to any damages.

These GTC are subject to French law. Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the courts within the territory of the Court of Appeal of Basse-Terre (Guadeloupe).