General Terms and Conditions Of Sales

Article 1. Purpose and Scope of Application

These General Terms and Conditions of Sale (“T&Cs”) apply between Laurence Zimmermann EI, micro-entrepreneur, whose registered address is at 66 Avenue des Champs-Élysées, 75008 Paris, France, and any client purchasing services through the FractalMax website, available at https://www.fractalmax.agency (the “Client”).

Laurence Zimmermann EI and the Client are hereinafter referred to individually as a “Party” and collectively as the “Parties.”

These General Terms and Conditions of Sale govern the sale and provision of the offers made available on the FractalMax website.

1.1 Services

Laurence Zimmermann EI provides professional services, including web design, graphic design, consulting, digital strategy, technical SEO, content marketing, and any other related services presented on the FractalMax website.

The essential characteristics of each service are described on the relevant sales page, offer page, quotation, commercial proposal, or order page before the order is placed.

These General Terms and Conditions of Sale apply to all sales of services made through the FractalMax website or, where applicable, through any other contractual or commercial document provided to the Client before the order is confirmed.

Article 2: Acceptance of the Terms and Conditions of Sale

These General Terms and Conditions of Sale (“T&Cs”) take effect upon the Client’s acceptance of their terms.

Such acceptance may be formalized by:

signing a quotation containing the following statement: “By signing this quotation, you acknowledge that you have read and accepted these General Terms and Conditions of Sale.” The signed quotation shall then constitute a purchase order;
completing a form containing one or more checkboxes relating to the acceptance of the General Terms and Conditions of Sale. The Client will see a statement similar to the following: “By checking the boxes below and ordering the ‘name of the service,’ you confirm that you have read, understood, and accepted our General Terms and Conditions of Sale, Terms of Use, and Privacy Policy”;
one or more checkboxes when validating an online order;
any other written means of communication (email, purchase order, etc.) containing explicit acceptance of the General Terms and Conditions of Sale.

For standard services or preconfigured options available on the website, a quotation is not systematically provided. In such cases, validation of the order by the Client, including acceptance of these T&Cs, formalizes the contract. However, a quotation may be provided upon the specific request of a professional Client.

The Client must also accept the Terms of Use and the Privacy Policy, available on the website, before confirming the order.

2.1 Start of Services

By placing an order, the Client acknowledges and accepts that the start of the services shall occur as follows:

Web Design Services and Other Services

Upon receipt of the signed quotation and/or payment, and once the Client has provided all necessary materials and approvals required to begin the project.

2.2 Professional Clients Only

The offers made available through the FractalMax website are intended exclusively for clients acting within the scope of their professional activity.
By placing an order, the Client confirms that they are acting exclusively for professional purposes and not as a consumer.
If it appears that an order has been placed for non-professional purposes or by a person acting as a consumer, Laurence Zimmermann EI reserves the right to refuse or cancel the said order, subject to applicable law.

2.3 Orders by Minors

Orders may only be placed by persons who are at least eighteen (18) years old and legally capable of entering into a binding contract under applicable law.

By placing an order, the Client declares that they meet these conditions.

If it is discovered that an order has been placed by a person who does not meet these conditions, Laurence Zimmermann EI reserves the right to cancel the order in accordance with applicable law.

Article 3: Prices

The prices applicable to the services sold on the FractalMax website are those in force on the date of the order.

Unless stated otherwise, prices are shown exclusive of tax (HT). Any applicable taxes, including VAT where due, will be added at the rate in force on the date of the order.

3.1. Services

Prices for services are available via quotation or listed on the website, depending on the service concerned.
Unless expressly stated otherwise, consulting services are charged at a rate of €100 excl. VAT per hour.

3.2. Price Revisions

Laurence Zimmermann EI reserves the right to change its prices at any time without notice. However, the prices indicated at the time of the order or quotation signature will apply.

3.3. Excluded Services

Certain specific services may incur additional fees. These fees will be clearly detailed at the time of the order or in the quotation.

4. Discounts and Promotional Offers

Laurence Zimmermann EI may offer discounts, price reductions, promotional offers, or preferential pricing.

Any such discount, reduction, or promotional offer shall apply only under the conditions expressly indicated on the relevant sales page, offer page, checkout page, quote, proposal, or other applicable commercial document.

4.1 Conditions of Application

Discounts, reductions, or promotional offers are valid only for the period, scope, and conditions expressly stated at the time of the offer.

Unless expressly stated otherwise:

they are not cumulative;
they are not retroactive;
they cannot be applied to an order already placed or already paid;
they cannot be exchanged for cash, credit, or any other benefit.

4.2 Technical Malfunctions and Abuse

Laurence Zimmermann EI reserves the right to refuse, cancel, or correct the application of any discount, reduction, or promotional offer in the event of:

a technical malfunction clearly affecting the displayed price, discount, or promotional conditions;
fraud, abuse, misuse, or non-compliance with the applicable conditions.

In such cases, the Client will be informed as soon as reasonably possible and, where appropriate, offered the possibility to maintain the order at the corrected conditions or to cancel the order.

This clause applies only in the event of a clear technical malfunction or abuse and does not affect any mandatory rights applicable under law.

Article 5. Early Payment Discounts

No discount or rebate shall be granted for early payment, unless expressly stated otherwise on the relevant sales page, offer page, checkout page, quote, proposal, or other applicable commercial document.

Article 6. Ordering a Service

6.1 Ordering Web Design Services and Other Services

Clients may order web design services and other services from Laurence Zimmermann EI using the following methods:

Order Method 1: Schedule a Call

The first step may be to schedule a call to discuss the Client’s project and service needs. Following this call, the Client may receive a quotation that must be accepted and signed in order to proceed.

Order Method 2: Direct Email Inquiry

The Client may also send an email detailing their project and requirements. Following this, the Client may receive a quotation that must be accepted and signed in order to proceed.

Order Method 3: Purchase Directly on the Website (If This Option Is Available)

For predefined service offers available on the website, the Client may select and purchase the service directly online if this option is available at the time of ordering. Quotations are not systematically provided unless specifically requested by the Client.

For Order Methods 1 and 2, the Client may receive a form with a payment link, an email with a payment link, or bank transfer instructions in order to finalize the order.

Note: To receive a quotation, the Client must clearly communicate their requirements to Laurence Zimmermann EI, either by email or during a call.

6.2 Non-Accepted Projects

Laurence Zimmermann EI does not accept web design projects or other services related to:

illegal activities or content: any activity or material violating applicable laws;
adult content: pornographic, erotic, or explicit material;
hateful or discriminatory content: material inciting hatred, violence, or discrimination based on race, religion, sexual orientation, or other factors;
piracy or infringement: content promoting piracy, intellectual property violations, or breaches of third-party rights;
fraudulent products or services: projects involving scams, fraud, or unfair practices.

This list is not exhaustive. Laurence Zimmermann EI reserves the right to refuse any project that conflicts with applicable laws or third-party rights.

6.3 Ordering Procedure and Personal Data

During the ordering process, certain personal data from the Client is collected to facilitate the processing and management of the request. The Client has the right to access, modify, rectify, oppose, and delete their personal data, in accordance with the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (GDPR).

For more information regarding the processing of personal data, please refer to Article 22.

The Client expressly authorizes Laurence Zimmermann EI to issue invoices in electronic format for the services provided. These invoices have the same legal validity as paper invoices, in accordance with applicable regulations.

6.4 Domain Name (Applicable to Web Projects Only)

Laurence Zimmermann EI does not verify the legality of the domain name provided by the Client. The Client certifies that they hold the necessary rights (for example, registered trademark rights) to purchase and manage the domain name. The choice of and responsibility for the domain name lie entirely with the Client, even if the Client requests Laurence Zimmermann EI to proceed with the purchase.

Article 7. Payment Terms

Unless otherwise stated on the relevant sales page, offer page, checkout page, quote, proposal, or other applicable commercial document, payment for services is structured as follows:

a 30% deposit is due at the start of the project;
the remaining 70% balance is due upon delivery of the service.

For services, delivery refers to the completion and submission of the agreed deliverables, or to the completion of the agreed service, as applicable.

7.2 Projects Exceeding One Month

For projects extending over a period longer than one month, monthly invoicing may apply in accordance with the applicable invoicing rules.

7.3 Invoice Due Date
Unless otherwise stated on the relevant sales page, offer page, checkout page, quote, proposal, or other applicable commercial document, invoices are payable upon receipt.

7.3 Accepted Payment Methods

For services, payment may be made by bank transfer, where offered, or by card or other secure online payment methods, where available during the order process.

7.4 Late or Missing Payment

Any order or service may be suspended, delayed, or refused in the event of late payment, partial payment, failed payment, or non-payment.

Laurence Zimmermann EI shall not be held responsible for any delay or non-performance resulting from a payment issue attributable to the Client.

Article 8. Late Payment

8.1 Late Payment Penalties

In the event of late payment by a professional Client, late payment penalties shall automatically apply from the due date, without any prior reminder being required.

The applicable penalty rate shall be equal to three times the legal interest rate.

8.2 Fixed Recovery Fee

In accordance with applicable French law, any late payment by a professional Client shall also give rise, automatically and without prior notice, to a fixed recovery fee of €40 per unpaid invoice.

Where the recovery costs actually incurred exceed this fixed amount, additional compensation may be claimed upon justification.

Article 9. Termination for Non-Payment

9.1 Suspension and Termination

In the event of late payment, partial payment, or non-payment by the due date, Laurence Zimmermann EI may suspend performance of the order or service until the payment situation has been regularised.

If the Client fails to regularise the payment situation within fifteen (15) days following a formal notice or any other valid notice expressly referring to the present termination clause, Laurence Zimmermann EI may terminate the contract or cancel the relevant order, without prejudice to any other rights or remedies available under applicable law.

9.2 Amounts Already Paid and Sums Still Due

In the event of termination for non-payment, Laurence Zimmermann EI may retain the sums corresponding to services already performed, work already carried out, or costs already incurred.

Laurence Zimmermann EI reserves the right to claim payment of any sums due for services already rendered, together with any applicable late payment penalties, recovery costs, and damages where justified.

9.3 Effect on Delivery and Access

In the event of non-payment or partial payment, Laurence Zimmermann EI may refuse, suspend, or withdraw access to any service, portal, workspace, deliverable, or other access method until payment has been duly received, to the extent permitted by applicable law.

Article 10. Right of Withdrawal

10.1 Professional Clients

Where the Client acts within the scope of their professional activity, the statutory right of withdrawal provided for under French consumer law does not apply.

10.2 Consumers

If the Client nevertheless qualifies as a consumer under applicable law, the Client benefits from the statutory right of withdrawal of fourteen (14) days from the conclusion of the contract, in accordance with the applicable provisions of the French Consumer Code.

However, where permitted by applicable law, the right of withdrawal may not apply or may be lost, in particular where:
(a) the services have been fully performed before the end of the withdrawal period with the consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal; and/or
(b) digital content not supplied on a tangible medium has begun to be supplied before the end of the withdrawal period with the consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal.

Where the Client requests performance before the end of the withdrawal period, any express consent, acknowledgment, and proportionate payment obligations shall apply as provided under French law.

Article 11. Client Obligations

11.1 Provision of Necessary Materials

The Client agrees to provide all materials required for the ordered services in a timely manner. These materials must meet the specific requirements outlined for each service, as follows (this list is not exhaustive and may be supplemented based on project-specific needs):

For website projects: text content, images, videos, audio files, logos, branding elements, and any other materials intended to be incorporated into the website.

For consulting, strategy, technical SEO, content marketing, and related services: all information, documents, access credentials, existing materials, references, objectives, and other elements necessary for the proper delivery of the services.

The Client is solely responsible for ensuring that all provided materials are:

authorized for use in the specified services;
compliant with applicable laws and free of copyright or intellectual property violations.

Laurence Zimmermann EI does not verify, validate, or investigate the legality, accuracy, or authorization of the materials provided. Any delays or issues arising from incomplete, unauthorized, or non-compliant materials are the sole responsibility of the Client.

11.2 Guarantees on Provided Content

The Client guarantees that they have obtained all necessary rights, permissions, and authorizations to use any texts, images, videos, illustrations, icons, logos, trademarks, or other content provided to Laurence Zimmermann EI. This includes securing explicit consent from third parties, where applicable, for the inclusion and use of their content.

Laurence Zimmermann EI is not liable for any copyright, intellectual property, or other legal issues related to materials provided by the Client. The Client accepts full responsibility for the legality and accuracy of all submitted content.

Acceptance of provided materials by Laurence Zimmermann EI does not imply endorsement or validation of their legality or compliance.

11.3 Indemnity for Provided Content

The Client agrees to indemnify and hold harmless Laurence Zimmermann EI, along with its partners, affiliates, collaborators, and employees, from any claims, damages, losses, or expenses, including legal fees, arising from:

unauthorized use of content provided by the Client, including intellectual property infringement or other legal disputes;
any disputes or claims arising from the inclusion of third-party materials in the deliverables.

11.4 Excluded Services

The following services are explicitly excluded from the scope of work provided by Laurence Zimmermann EI:

legal validation of content: verification of the legality, accuracy, or compliance of content submitted by the Client;
legal documentation: drafting or validation of legal texts such as Privacy Policies, Terms and Conditions, or disclaimers.

For more detailed information regarding service limitations, please refer to Article 12: Service Limitations.

11.5 Active Collaboration

The Client agrees to actively collaborate with Laurence Zimmermann EI by providing requested information within agreed deadlines in order to avoid delays.

11.6 File Backup

The Client is responsible for backing up all files, documents, videos, images, or other materials provided to Laurence Zimmermann EI. Laurence Zimmermann EI is not a storage platform and cannot guarantee the retention of documents after the service is completed.

Article 12. Service Limitations

12.1 No Verification of Client-Provided Content

Laurence Zimmermann EI does not verify, validate, or investigate the legality, accuracy, or authorization of content submitted by the Client, including third-party materials. The Client is solely responsible for ensuring that all content—texts, images, videos, logos, trademarks, quotes, and other materials—complies with applicable laws and has all necessary permissions for use and distribution.

Laurence Zimmermann EI reserves the right to:

request clarification for any submitted content raising legal or compliance concerns;
decline the use of content that includes visible copyright markings, watermarks, or other indications of unauthorized use.

The acceptance of materials by Laurence Zimmermann EI does not impose an obligation to verify their legality, compliance, or authorization. While Laurence Zimmermann EI may flag visible issues if noticed, this is a discretionary effort and not a substitute for a thorough legal review. The Client remains fully responsible for ensuring that all submitted content complies with applicable laws, including intellectual property, copyright, and related regulations, and for obtaining all necessary permissions.

12.2 No Guarantee of Results

Laurence Zimmermann EI is committed to delivering high-quality services and making every reasonable effort to support and enhance the Client’s objectives. However, no guarantee is provided regarding specific outcomes, including but not limited to sales, leads, conversions, visibility, audience engagement, or search engine rankings.

This applies to web design, graphic design, consulting, digital strategy, technical SEO, content marketing, and related services.

12.3 Use of Wix Media Assets

Media assets, including images, videos, or design elements, provided as part of a website created by Laurence Zimmermann EI and sourced through Wix are intended solely for use within that website. These assets may not be downloaded, copied, or used elsewhere without prior authorization from Wix or the original rights holder. The Client is responsible for ensuring that these assets remain exclusively on the website.

12.4 Delays, Communication, and Compliance for Client-Provided Materials

The Client agrees to provide the necessary materials within the agreed timeframe. Any delay in submitting the materials may result in delays in service delivery, for which Laurence Zimmermann EI or its subcontractors cannot be held liable.

The Client agrees to respond promptly to requests for information or clarification during the service delivery process. Delayed responses may affect the delivery timeline without liability to Laurence Zimmermann EI.

The Client guarantees that any marketing claims, offers, or promotional content provided for content marketing or related services comply with applicable advertising laws and regulations.

Article 13. Obligations of Laurence Zimmermann EI

13.1 Adherence to Deadlines

Laurence Zimmermann EI endeavors to deliver ordered services within the estimated or agreed timelines. These timelines are indicative and do not constitute a firm commitment.

For websites, estimated timelines are outlined in the quote. In the event of unforeseen circumstances, a new deadline will be communicated.

For the other services listed in Article 1.1, the timelines will depend on the size and complexity of the project. These timelines will be communicated to the Client during a call or meeting, prior to the start of the work.

In all cases, Laurence Zimmermann EI will make every reasonable effort to meet the stated deadlines. If a delay is unavoidable, the Client will be informed promptly.

13.2 Monitoring and Communication

Laurence Zimmermann EI commits to maintaining clear communication with the Client during service delivery.

For websites, updates will be provided in the Client’s private portal. If necessary, additional communication methods, such as email or a 15 to 30-minute video call, may be used at the discretion of Laurence Zimmermann EI. If delays occur in providing updates or feedback, the project timeline may be adjusted accordingly, and the Client will be informed promptly of any changes.

For the other services listed in Article 1.1, updates will be provided through the FractalMax private portal or other dashboards related to the chosen service.

In the event of a technical problem with the Client’s private portal, Laurence Zimmermann EI may use alternative communication methods such as email, video calls, or other appropriate channels to provide updates and maintain communication.

13.3 Confidentiality of Information

Laurence Zimmermann EI is committed to protecting the confidentiality of all information provided by the Client during project execution, except for information intended for public distribution. Information may only be shared with trusted partners strictly for the purpose of delivering the agreed services.

Client-provided information, such as trade secrets, industry-specific knowledge, or sensitive data, will:

not be disclosed to third parties, even after the completion of the contract;
not be used for personal or future gain;
be safeguarded with reasonable security measures and used solely for executing the ordered services.

Information may also be disclosed if:

required by law, where disclosure is mandated by legal or regulatory authorities;
both Parties agree in writing to the disclosure of specific information.

13.4 Partnership, Subcontracting, and External Resources

To ensure high-quality service delivery, Laurence Zimmermann EI may engage carefully selected external providers such as virtual assistants, freelancers, subcontractors, or other independent collaborators. These providers operate as independent contractors and are not employees of Laurence Zimmermann EI.

When a provider is required to process personal data on behalf of Laurence Zimmermann EI, appropriate safeguards will be implemented in accordance with applicable data protection rules.

In certain cases or when using specific platforms, Laurence Zimmermann EI may require subcontractors or freelancers to sign an additional Non-Disclosure Agreement (NDA) to provide enhanced protection for sensitive information. This will be implemented only as necessary, depending on the nature of the project and the platform used.

Article 14. Service-Specific Provisions and Disclaimers

14.1 Tools and Resources

Laurence Zimmermann EI may rely on tools, resources, or solutions to ensure the effective delivery of services. These methods form part of the company’s internal processes to deliver high-quality services to clients. Certain tools and resources may involve third-party platforms, which are carefully selected to ensure the effective delivery of services. While Laurence Zimmermann EI ensures the proper integration of these tools into its services, any licensing or compliance obligations related to third-party elements remain the responsibility of the respective platform. Clients acknowledge that these methods are part of the company’s operational framework and agree to their use as necessary to fulfill the agreed-upon services.

14.2 SEO Disclaimer

SEO services are designed to improve website visibility through optimization strategies. However, factors such as algorithm updates, competition, and audience preferences affect rankings and traffic. No guarantees are made for specific outcomes, including first-page rankings or increased website traffic. The Client must provide accurate and timely information to enable the success of SEO efforts.

14.3 Content Services Disclaimer

Content creation services aim to align with the Client’s objectives, but the effectiveness of the content in driving engagement, leads, or conversions depends on external factors such as audience preferences and market conditions. Results are not guaranteed. Clients are responsible for ensuring the content complies with applicable laws and regulations.

Article 15. The Client Portal

15.1 Features of the Portal

The Portal is exclusively reserved for clients and facilitates communication between the Client and Laurence Zimmermann EI. Through this portal, clients can:

create posts to ask questions;
share images, videos, PDFs, or other project-related files;
track the progress of their project, whether it is a website creation or another service.

15.2 Access for Other Services

The portal also supports other services, including:

website management;
reports and specific updates related to the chosen service;
other services provided by Laurence Zimmermann EI.

15.3 Access Duration

Portal access is granted upon order validation and remains available throughout the service duration. Once the service is complete, the Client’s portal will remain accessible for three months to allow the Client to download and save shared documents and information.

15.4 Two-Step Access Procedure

log in using the link provided in the invitation email;
review the welcome document containing all necessary information for effective portal use.

Retention for Ongoing or Returning Clients: If the nature of the service is ongoing or if there is a reasonable expectation that the Client may return, Laurence Zimmermann EI may retain portal-related data for up to 1 year to facilitate continued collaboration or ease the reactivation process. After this period, the Client’s portal and any retained data will be securely deleted unless required by law or with the Client’s explicit consent.

New Portal Creation: If a Client returns after the three-month access period and the portal has been deleted, a new portal will be created for the continuation of services.

15.5 Client Responsibility

The portal is not a storage platform. Clients are responsible for saving shared files, documents, and reports on their devices before the access period ends.

Article 16. Website Management Service (Billed Monthly)

The website management service includes 4 hours of work per month and 1 weekly 30-minute video or phone call.

The website management service includes:

uploading content (text, images, videos, infographics, etc.);
adding services or products;
adding packages;
adding a blog post;
adding events, courses, or other items to the WIX or Editor X calendar;
marketing integrations;
module settings configuration;
priority support and Premium Portal access.

This service does not include:

backup of photos, videos, or any other documents;
maintenance of any website other than the one specified in the signed agreement;
recovery of any file accidentally deleted;
coding tasks.

Start Date of the Website Management Service:

on the date agreed upon between Laurence Zimmermann EI and the Client;
within a timeframe agreed upon between Laurence Zimmermann EI and the Client.

In all cases, this will be clearly specified in the signed agreement.

To ensure smooth execution of the tasks, the Client agrees to send the necessary documents at least 48 hours before any modifications to the website are required.

Laurence Zimmermann EI agrees to notify the Client 1 month in advance of any annual leave.

Article 17. Service Timelines

17.1 Web Design Services

Estimated delivery timelines:

Up to 4 pages: 4–8 weeks.
Up to 8 pages: 6–12 weeks.
Up to 12 pages: 8–14 weeks.

For specific projects, timelines are defined in the quote.

17.2 Other Services

For other services, deadlines are defined based on the project and agreed upon with the Client before the start of the service.

17.3 Timeline Adjustments

If delays occur for reasons beyond control, clients will be promptly informed of revised delivery dates.

Article 18. Testimonials, Photos, Full Name, Logo, and Shared Content

18.1 Testimonials and Client Authorization

The Client may authorize Laurence Zimmermann EI, by email, by any other written means, or by checking a box on a form, to use:

their written or verbal testimonials, with or without a portrait photo;
their full name and first name;
the name and/or logo of their business.

These elements may be used on websites and across various communication channels, including:

social media;
sales funnels of Laurence Zimmermann EI;
landing pages;
promotional videos;
blog articles;
paid or free advertisements.

18.2 Terms and Respect for Rights

This authorization shall apply only where the Client has given prior consent by email, by any other written means, or by checking a box on a form. Laurence Zimmermann EI commits not to use the Client’s name, image, testimonial, business name, or logo without such prior consent.

18.3 Withdrawal of Authorization

If the Client wishes to withdraw their authorization for all or part of the mentioned elements, they may submit a written request by email. The removal or cessation of the use of the content will be carried out within 7 business days following receipt of the request.

However, content already published or shared prior to receipt of the request cannot be retroactively removed, particularly if it is included in permanent media (blog articles, advertisements, social media posts, etc.).

Article 19. Indemnification

The Client remains solely responsible for all content, information, materials, and instructions provided in connection with the order.

In the event of a claim, action, or complaint from a third party arising directly from content, materials, or instructions provided by the Client, including in the event of infringement of intellectual property rights, image rights, privacy rights, personality rights, or any other third-party rights, the Client shall bear the consequences of such claim and shall indemnify Laurence Zimmermann EI for the resulting damages, costs, and reasonable expenses, to the extent permitted by applicable law.

This article applies only where the claim results directly from content, materials, or instructions provided by the Client, and not from any fault attributable to Laurence Zimmermann EI.

Article 20. Retention of Rights Until Full Payment

20.1 Rights Retained Until Full Payment

Laurence Zimmermann EI retains all usage, exploitation, and delivery rights relating to the services provided until full payment of the agreed price, including principal and any accessories.

For intangible services, including web design and related services:

usage, exploitation, or publication rights linked to the services provided remain the exclusive property of Laurence Zimmermann EI until full payment is received;
in the event of non-payment, Laurence Zimmermann EI reserves the right to suspend or cancel the service and retain created materials until payment is made.

Article 21. Intellectual Property Rights

All content, systems, templates, databases, structures, documentation, resources, texts, visuals, workflows, configurations, and other elements provided through the FractalMax website or in connection with the services remain the exclusive property of Laurence Zimmermann EI, unless expressly stated otherwise in writing.

The purchase of a service does not entail any transfer of intellectual property rights to the Client, except where an express transfer of rights is provided for in writing.

For web design services, and unless expressly stated otherwise in writing, the transfer to the Client of the rights to use the final deliverables created specifically for the Client shall take effect only upon full payment of the agreed price.

This transfer, where applicable, applies only to the final deliverables expressly created for the Client as part of the agreed service and only for the purposes of the Client’s own business activity.

Unless expressly stated otherwise in writing, this transfer includes only the right to use, reproduce, and display the final website and its final design elements for the Client’s own business purposes, in connection with the website covered by the order.

This transfer does not include any transfer of rights in and to:

preliminary works, drafts, mockups, proposals, concepts, prototypes, or unused versions;
templates, systems, structures, workflows, processes, methodologies, tools, know-how, or reusable elements;
content, visuals, fonts, software, plugins, themes, integrations, or other third-party elements, which remain subject to their own rights and licenses;
any element not expressly included in the final deliverables delivered to the Client.

Any modification, reuse, adaptation, duplication, resale, redistribution, sublicensing, transfer, or separate exploitation of the elements retained by Laurence Zimmermann EI is prohibited without prior written authorization.

Without the prior written authorization of Laurence Zimmermann EI, the Client may not:

sell, resell, sublicense, distribute, share, transfer, or otherwise make available to third parties any content, service, system, template, or other element provided by Laurence Zimmermann EI, in whole or in part;
reproduce, duplicate, copy, or exploit any content, service, system, template, or other element provided by Laurence Zimmermann EI, in whole or in part, for resale, redistribution, or any other commercial purpose;
use any content, service, system, template, or other element provided by Laurence Zimmermann EI, in whole or in part, to create products, templates, systems, or commercial offers intended for sale, distribution, or public sharing.

Any unauthorized use of all or part of the content or associated elements may result in the suspension or termination of the service, without prejudice to any other rights or remedies available under applicable law.

Unless expressly stated otherwise in writing, Laurence Zimmermann EI does not guarantee any specific commercial, financial, technical, strategic, or performance results arising from the use of the services.

Any name, platform, software, logo, trademark, or other intellectual property element belonging to a third party and mentioned in connection with a service shall remain the property of its respective owner.

Article 22. Personal Data

22.1 Personal Data Processing

In the context of the order process, the performance of services, and the operation of the FractalMax website, Laurence Zimmermann EI may collect and process personal data in accordance with applicable data protection law.

Information relating to the processing of personal data is described in the Privacy Policy made available on the website.

22.2 Client Rights

The Client may exercise the rights available under applicable data protection law, subject to the conditions and limits provided by such law.

These rights include, where applicable:

the right of access;
the right to rectification;
the right to erasure;
the right to restriction of processing;
the right to object;
the right to data portability;
the right to withdraw consent where processing is based on consent;
the right to lodge a complaint with the competent supervisory authority, including the CNIL in France.

22.3 International Data Transfers

Where personal data is transferred outside the European Economic Area, such transfer shall be carried out in accordance with applicable data protection law and subject to an appropriate safeguard or lawful transfer mechanism where required.

More information about personal data processing, recipients, international transfers, and applicable safeguards is available in the Privacy Policy.

22.4 Contact

For any question relating to personal data processing, the Client may use the contact details provided in the Privacy Policy.

Article 23. Force Majeure

Laurence Zimmermann EI shall not be held liable for any delay, suspension, or non-performance resulting from a force majeure event as defined by applicable French law.

Where such an event occurs, the performance of the affected obligations may be suspended, delayed, or, where appropriate, terminated in accordance with applicable law.

Article 24. Illness, Accident, and Temporary Incapacity for Work

If Laurence Zimmermann EI is temporarily unable to perform all or part of the services due to illness, accident, or temporary incapacity for work, the Client will be informed within a reasonable time where appropriate.

In such circumstances, the performance of the relevant service and any associated timeline may be suspended, postponed, or adjusted accordingly.

Laurence Zimmermann EI shall not be held liable for delays resulting directly from such circumstances, subject to applicable law.

Article 25. Disclaimer

25.1 Independent Service Provider

Laurence Zimmermann EI operates independently and is not affiliated with or part of any third-party platform, website, media outlet, or service provider. Logos, trademarks, or materials referenced or displayed as part of the services remain the property of their respective owners.

25.2 Accuracy of Website Materials

Although efforts are made to ensure the accuracy of the information and materials on the website, Laurence Zimmermann EI does not guarantee that all content is free of errors or omissions.

25.3 Third-Party Links

The website may include links to third-party websites. Laurence Zimmermann EI is not responsible for the content, accuracy, or practices of these sites, and their inclusion does not imply endorsement.

Article 26. No Legal Advice

Laurence Zimmermann EI is not a legal advisor. The information provided in connection with web design or other services is strictly for informational purposes and does not replace legal advice from your attorney.

You should not act on this information without consulting a qualified legal professional. Using the information or documents provided is at your own risk.

Article 27. Applicable Law and Jurisdiction

These Terms of Sale are governed by French law.

In the event of a dispute, the Parties shall endeavour to seek an amicable resolution before bringing the matter before the competent court.

For disputes between parties having all contracted in a professional capacity, and subject to any mandatory legal provision to the contrary, the competent courts of Paris shall have jurisdiction.

Article 28. Amendments

Laurence Zimmermann EI reserves the right to amend these Terms of Sale at any time.

The version applicable to the Client is the one in force on the date of the order or, where applicable, on the date of acceptance of the relevant quote, proposal, or other commercial document.

Article 29. Severability Clause

If one or more clauses in these General Terms and Conditions are deemed invalid or unenforceable, the remaining provisions will remain fully applicable.

Article 30. Langue Applicable et Version de Référence

Article 30. Applicable Language and Reference Version

These General Terms and Conditions of Sale (T&Cs) are written in French. In the event of a translation into another language, only the French version shall be legally binding and shall prevail in the event of any discrepancy or dispute.

Article 31. Acceptance of Terms

By placing an order, the Client confirms that they have read and accepted these Terms of Sale.

Contact

If you have questions or concerns regarding these General Terms and Conditions, please contact us using the details provided.

General Conditions of Sales

info@fractalmax.agency

Laurence Zimmermann EI

Trade name: FractalMax

Address: 66 Avenue des Champs-Elysées, 75008 PARIS.

Commercial Registration Number 801 407 453 in PARIS, 03 October 2018.

SIRET: 750 902 827 00021

VAT: FR87 750 902 827

Website publication manager: Laurence ZIMMERMANN

Host: WIX

Site Created with Wix Studio

Effective date: 10.13.2022

Updated: 06.18.2025