General terms and conditions of sale

Article 1 · Purpose and scope

These general terms and conditions of sale ("GTC") govern the services provided by LAVANA, a SASU with a share capital of 1,000 euros, registered with the Pointe-à-Pitre Trade and Companies Register under number 108 649 518, to its professional clients:

• LAVANA OS · the online software platform available by subscription (management of clients, requests, bookings, Business Link and associated features)
• LAVANA Studio · services provided on a quote basis: creation of websites and e-commerce stores, content production and associated services

Taking out a subscription online or accepting a quote implies unreserved acceptance of these GTC.

Article 2 · LAVANA OS: plans and formation of the contract

LAVANA OS is offered as a subscription under several plans (FREE, STARTER, PREMIUM, BUSINESS), whose content and current prices are those displayed on the site's Pricing page on the day of subscription. Features marked as "Coming soon" are not included until they are actually released.

The contract is formed when the account is created and, for paid plans, when the subscription and payment are confirmed. The FREE plan is free of charge and without commitment; it does not constitute a time-limited trial.

Article 3 · LAVANA OS: payment and renewal

Paid subscriptions are billed monthly and in advance. Payment is made by bank card via the secure payment provider Stripe. The subscription renews tacitly for successive monthly periods, until cancelled.

In the event of a payment failure not remedied after a reminder, LAVANA may suspend access to paid features until the situation is regularized.

Article 4 · LAVANA OS: cancelling the subscription

The client may cancel their subscription at any time from their workspace or by writing to contact@lavana.fr. Cancellation takes effect at the end of the current monthly period; the period already started remains due.

LAVANA may terminate or suspend an account in the event of a serious breach by the client of their obligations (in particular fraudulent or unlawful use of the service), after formal notice has remained without effect except in cases of urgency.

Article 5 · LAVANA OS: changes to plans and prices

LAVANA may change the content of its plans and their prices. Any price change applicable to a current subscription is notified to the client by email before it takes effect. If the client does not wish to continue under the new conditions, they may cancel their subscription before the change takes effect; continuing the subscription constitutes acceptance.

Article 6 · LAVANA OS: service availability

LAVANA undertakes to provide the service with diligence, under an obligation of means. Access to the service may be temporarily interrupted for maintenance, updates or events beyond LAVANA's control. No quantified availability level is contractually guaranteed.

Article 7 · LAVANA OS: client data

The data that the client and their own clients record in the platform remains the property of the client. For this data, LAVANA acts as a processor within the meaning of Article 28 of the GDPR, the client remaining the controller with regard to their own clients.

The client may request the return of their data during the term of their subscription. After the end of the subscription, the data is deleted in accordance with the durations set out in the privacy policy and with legal retention obligations.

Article 8 · LAVANA Studio: services on a quote basis

LAVANA Studio services (creation of websites, e-commerce, content production and associated services) are each the subject of a tailored proposal specifying the scope, schedule, deliverables and investment. Only the accepted quote and these GTC are authoritative as to the agreed scope.

Article 9 · LAVANA Studio: financial terms

The applicable financial terms are set out in the proposal sent to the client. 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)

Article 10 · LAVANA Studio: performance terms

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.

Article 11 · Deliverables and intellectual property

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

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

Article 12 · Regional grants

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.

Article 13 · Confidentiality

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.

Article 14 · Liability

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 or subscription during the twelve months preceding the triggering event.

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

Article 15 · Termination for breach

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.

Article 16 · Governing law and jurisdiction

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). This English version is provided for convenience; it is a translation of French terms and does not constitute adaptation to the law of any other jurisdiction.