Article 1 - Scope

These general conditions of sale apply in the context of the sale of software products and services from IBU-SOFT company (us) to all sales conducted through its customers (you) after order by post, email or through our website http://www.visualprojet.com. The present general conditions of sales may change at any time without notice.

Article 2 - Prices

The prices are stated on our order form and on the "Pricing" section of our website

IBU-SOFT reserves the right to change the prices of its products and services without notice at any time, these prices are indicated on our order form and listed at section "Pricing" of our website.

In case of delivery of an estimate to the customer, the prices and their validity are only valid.

All prices quoted are in euros with VAT not applicable under section 293 B of the french CGI.

For all products shipped outside the European Union, if pricing or other local taxes or import duties or State taxes may be payable, these fees are and will be charged to the customer.

Article 3 - Order

Any order for a product or service is accepted by IBU-SOFT in terms of these general conditions of sale. These orders can be transmitted :

The payment by online site PAYSITE CASH is described at www.paysite-cash.biz/

An invoice is sent to the customer, by mail with licences, or by post with CD/DVD deliveries

For the customer, any order implies full acceptance of these terms and conditions of sale. The data recorded by IBU-SOFT or letters are proof of all transactions between IBU-SOFT and its customers. For online payments, data recorded by the secure payment system PAYSITE CASH is evidence of financial transactions.

IBU-SOFT reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order.

All orders are payable in Euros.

After an order, the customer agrees to eventually see displayed on the page showing the customer references of IBU-SOFT, the logo of the client company, and a link to the customer site, without claim from customer to IBU-SOFT. On customer request, IBU-SOFT removes the logo and the link as soon as possible. Similarly, the client agrees to be possibly addressed to the newsletter mailing issued by IBU-SOFT. IBU-SOFT removes this client from its list of its newsletter on customer request.

Article 4 - Availability

Our product offerings and prices are valid until they are visible on our website, within the limits of available stocks. In case of unavailability of product after placing the order, IBU-SOFT informs his customer by email or by post as soon as possible. The client can then request the cancellation of the order. The check of order will be returned to the customer or IBU-SOFT will proceed to the refund, only by check.

Article 5 - Delivery, hot-line and updating service

Except for our services, our software products are delivered on CD-ROM or to be downloaded on our web site in the form of an install-pack of a trial version for 30 days of free use. This version is unlocked for full version by purchasing a licence in the form of a text file to be copied on the application directory

This licence file is generated with an identifier (ID) code specific for each PC where the application is installed. The ID code is indicated on the section "about" of the application installed and started. This ID code is to be copied and to be sent by email to IBU-SOFT, then IBU-SOFT sent to the customer the licence file corresponding, to unlock the application.

Instead of individual licence, IBU-SOFT is proposing a floating licence, allowing the use of the application by X simultaneous users (according to the X token purchased), the X+1 user waiting for a free token. Floating licence allows to install and administrate more simply the application, only installed on a shared PC on company network, instead of the individual licences where the application has to be installed on each PC of users.

The delivery of the license of use by IBU-SOFT is performed after a maximum time of 3 business days, provided that the company IBU-SOFT is not closed temporarily, according to dates listed on the website, and under provided that the customer has made payment, and provided that the client has sent to IBU-SOFT's its ID code(s).

All delivery by DVD/CD-ROM is sent to the address indicated on the customer's order. The delivery includes the time of preparing the package and delivery time. If the customer chooses to pay by check, order will be processed upon receipt thereof. Consequently, the time limits in this case are those at the date of receipt of the check and may be modified from those listed on the day of placing the order. The charges are included in the price shown on our website in the metropolitan France. Postage outside mainland France will be given to the customer on a case by case basis.

The license file is purchased for each PC user station, if replaced by another PC from the client, it will be necessary to purchase a new license, agreement or arrangement except with IBU-SOFT.

The purchase of licences doesn't include the service of hot-line/updating.

After purchasing the service of hot-line/updating, the hot-line service consists of exchange by email between the customer and the developpers of IBU-SOFT in order to solve any functional problem (with no obligation of result) or give any functional information. This service is open from 09:00 to 18:00, from monday up to friday, except during bank holiday periods indicated on our website.

After purchasing the service of hot-line/updating, the updating service consists to the possiblity for the customer to download the last revisions of the software products, regularly available on our website at the section "Download". In addition, this section includes the history of the software products changes.

This service is purchased for 1 year of use, and an estimate is sent to the customer for each next year.

The pricing of this service is made of a fixed part, and a recurring part calculated according to the number of licences purchased.

Article 6 - Payment - payment deadline

The customer payement is performed by check company in euros, for IBU-SOFT Ivan Buisson, or by transfer to IBU-SOFT bank with the IBAN number sent by IBU-SOFT.

When payment deadline specified on our estimates or customer order, pursuant to Article L. 441-6 of the Commercial Code, IBU-SOFT has the ability to charge his client delay penalties on the day following the settlement date on the invoice or estimate. The rate of these penalties is equal to 1% of the amount of the order by working day late.

Article 7 - Conditions of Use of our software products

The use of software products delivered by IBU-SOFT in trial version or final, is governed by the terms indicated during installing phase and on the "about" and "advertising" section of the application, accepted implicity by the customer. IBU-SOFT excludes any warranty on the software in term of quality, results, disturbing, lost of data and money, virus and trojan, etc...

Article 8 - Intellectual Property

All texts, comments, illustrations and images reproduced on our software products and website are reserved under the copyright and the title of intellectual property and the world. As such, and in accordance with the Code of Intellectual Property, the only authorized use for private use. Any other use constitutes infringement and is punishable under the Intellectual Property, unless approved IBU-SOFT.

Article 9 - Applicable Law - Disputes

This contract is subject to French law. In case of dispute, only French courts are able to decide.

Article 10 - Legal - Corporate ID

IBU-SOFT
Ivan Buisson
6 Rue nationale
37240 MANTHELAN
France

SIRET 490 078 623 00033
Téléphone : +33 (0)6 81 53 48 48
Contact mail : contact@visualprojet.com
Website : http://www.visualprojet.com