These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") constitute the sole basis of the commercial relationship between Exomondo, LLC (hereinafter referred to as "the Provider") and its professional customers (hereinafter referred to as "the Customer").
They govern all sales of strategic consulting and digital transformation support services, as well as any services provided by Exomondo, LLC via its website or any other sales channel.
All orders for services imply the Customer's full and unreserved acceptance of these General Terms and Conditions, which prevail over any other document issued by the Customer, in particular its general terms and conditions of purchase, unless expressly agreed in writing by Exomondo, LLC.
The Customer acknowledges that he has read these GTC before placing his order and that he accepts them unreservedly.
Exomondo's products include, but are not limited to:
Detailed service descriptions are available on request or on the Exomondo website.
Orders can be placed :
All orders are considered firm and definitive only after written confirmation from Exomondo and prior payment in accordance with the terms defined in Article 6.
Exomondo reserves the right to refuse any order for legitimate reasons, particularly in the case of abnormal demand or suspicion of bad faith.
5.1 Service prices are quoted in US dollars (USD), exclusive of tax. For customers subject to VAT or equivalent taxes, these will be applied according to the regulations in force in the customer's country.
5.2 Exomondo reserves the right to modify its prices at any time. The applicable prices are those in force at the time the order is validated.
5.3 Additional charges may apply for specific or urgent requests, which will be specified in the corresponding quotation.
6.1 General principle
All services sold by Exomondo, LLC (consulting, management, subscriptions, diagnostics, auditing, coaching, etc.) are payable in advance.
No work will be undertaken, no schedule set and no delivery made without prior receipt of the amount due.
6.2 On-site services (hourly or daily)
These services involve continuous or ad hoc intervention at the customer's request, according to its operational needs.
The Customer must pay :
Services are then billed according to actual consumption.
If the time credit is exceeded, an immediate invoice will be issued, payable on receipt of invoice before any further services are provided.
6.3 On-site services (hourly or daily)
These services are invoiced at a fixed price according to the estimate or the description in the store.
Payment is due in full when the order is placed.
Deposits, instalments or deferred payments are not accepted, except with the prior written agreement of Exomondo.
6.4 Monthly subscriptions and commitments
All subscriptions (e.g. 10 h/month, monthly coaching, etc.) are firm and irrevocable for the initial duration chosen (e.g. 3, 6 or 12 months).
Payment is monthly, in advance and automatic via the registered payment method (CB, Stripe, PayPal or SEPA/SWIFT transfer).
Renewal is tacit on expiry, for a period identical to that initially chosen.
To avoid renewal, the Customer must send a request for non-renewal in writing (email or post) at least 30 calendar days before the anniversary date.
If the notification deadline is not met, the renewal is considered valid and due in full.
6.5 Payment terms and late payment
As soon as the invoice is issued, the amount is immediately due and payable.
A grace period of 5 calendar days may be granted before penalties are applied.
After this period, late penalties will be applied in accordance with the applicable regulations, without prior notice:
Any service in progress may be immediately suspended until full payment has been received, without prejudice to any collection action that Exomondo may take.
7.1 The services offered by Exomondo are aimed exclusively at business-to-business (B2B) customers. Consequently, no legal right of withdrawal applies, in accordance with current regulations.
7.2 All validated orders are considered firm, final and non-refundable, except with the express agreement of Exomondo or in cases of force majeure duly justified.
7.3 If the customer cancels a scheduled service less than 48 hours before it is due to take place, the service will be invoiced in full and considered as having been consumed.
8.1 Exomondo undertakes to implement all means necessary for the proper execution of the services ordered, within the deadlines agreed with the Customer.
8.2 The Customer agrees to cooperate actively with Exomondo by providing within the required time all information and documents necessary for the proper performance of services.
8.3 Any delay or failure on the part of the Customer to provide the necessary information may result in a postponement of execution without Exomondo being held responsible.
9.1 Exomondo undertakes to provide its services with professionalism and diligence, in accordance with the rules and customs of the profession.
9.2 Exomondo cannot be held responsible for :
9.3 In any event, Exomondo's liability, if it were to be incurred, would be limited to the amount of the sums actually received for the service concerned.
10.1 All deliverables, documents, methodologies, tools and media supplied as part of the services remain the exclusive intellectual property of Exomondo, unless otherwise expressly stipulated in a specific contract.
10.2 The customer has a non-exclusive, non-assignable and non-transferable right to use these elements, strictly limited to his internal needs.
10.3 Any reproduction, representation, modification or use not expressly authorized by Exomondo is strictly prohibited and constitutes an infringement punishable by the provisions of the Code of Intellectual Property.
11.1 Each party undertakes to treat as confidential all information it may obtain in the course of providing the services.
11.2 Exomondo undertakes not to disclose the Customer's confidential information to third parties, except with the prior written consent of the Customer or as required by law.
11.3 This obligation of confidentiality shall survive the expiry or termination of the contract for a period of three (3) years.
12.1 Personal data collected in connection with services is processed in accordance with applicable regulations on the protection of personal data, in particular the General Data Protection Regulation (GDPR) for European customers.
12.2 Exomondo undertakes to use this data only within the strict framework of the performance of its services and never to pass it on to third parties for commercial purposes.
12.3 The Customer has a right of access, rectification, deletion and portability of data concerning him, which he can exercise by contacting Exomondo at the email address : privacy@exomondo.com.
Neither party may be held liable for non-performance of its obligations in the event of force majeure, as defined by applicable case law.
The party invoking a case of force majeure must inform the other party as soon as possible and, where possible, propose alternative solutions.
14.1 These GTC are governed by the laws of the State of Wyoming, USA.
14.2 In the event of a dispute, the parties will endeavor to find an amicable solution before resorting to legal action.
14.3 In the absence of amicable agreement, any dispute relating to the formation, interpretation, performance or termination of these GTC shall be subject to the exclusive jurisdiction of the courts of Sheridan County, Wyoming, USA.
14.4 For customers established in the European Union, the mandatory provisions of the consumer law of their country of residence may apply in addition, in accordance with Regulation (EC) n°593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
15.1 If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
15.2 The fact that Exomondo does not avail itself at a given time of one of the clauses of these GTC can not be a waiver to avail itself later.
15.3 These GTC may be modified at any time by Exomondo. The GTC applicable are those in effect at the date of the order.
