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Terms and conditions of sale

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PRELIMINARY CONDITIONS

Definitions

DIGITAL SYNDROM refers to the Tunisian communication agency, DIGITAL SYNDROM LLC, located at Bloc 40 UV4, El Menzah 6, 1004, Tunis, Tunisia.
Client refers to any individual or legal entity signing the order form or quote.
The Internet or web refers to a set of interconnected networks located worldwide.
The term “specifications” refers to the list of tasks proposed by DIGITAL SYNDROM to the Client prior to any work being carried out.

GENERAL TERMS

Article 1. APPLICATION OF THE GENERAL TERMS OF SALE

1.1. The current general terms of sale are available on DIGITAL SYNDROM’s website. As a result, any Client placing an order with DIGITAL SYNDROM via our website is deemed to have read and accepted these general terms of sale. In the case of an order placed outside our website, the Client will receive a link on the provided quote allowing them to review these general terms of sale. The Client is then deemed to have read and accepted these terms.

1.2. These general terms of sale govern the commercial activities of community management, print (graphic design and printing), website creation, events and structures, and other products and services related to the agency’s activities.

1.3. These general terms of sale serve as the legal foundation for all our contracts.

1.4. They override any conflicting clauses, whether written or not, proposed by the Client or used as a basis for drafting their order, unless explicitly accepted in writing by the agency.

1.5. Any concession or special condition granted by us, such as payment terms, does not constitute a waiver of these general terms of sale.

Article 2. ORDER PLACEMENT

2.1. Unless otherwise agreed, DIGITAL SYNDROM is only bound by Client orders upon receipt of a 50% deposit of the total amount on the provided quote.

2.2. Orders will only be processed once the “Order Form” or quote and corresponding specifications are returned, dated, signed, and preceded by the phrases “Agreed and Approved” and/or “Read and Approved” by the Client. These signatures confirm acceptance of the quote terms and approval of the specifications.

2.3. All raw materials and documents provided by the Client, as well as work or services performed by DIGITAL SYNDROM, serve as collateral for payment. In any case, these elements may be withheld or internet-related services may be suspended by our company in the event of the Client’s failure to fulfill an obligation, for the entire duration of such non-compliance.

2.4. The benefits of the order are personal to the Client and cannot be transferred to a third party without the prior authorization of DIGITAL SYNDROM.

Article 8. INTELLECTUAL AND ARTISTIC PROPERTY

8.1. The Client guarantees that any document provided to DIGITAL SYNDROM by the Client, its agents, and/or representatives is free of any third-party copyright that would prevent the execution of the services promised by DIGITAL SYNDROM.

8.2. The Client irrevocably agrees to pay, as guarantor, any damages and compensation that may be claimed against DIGITAL SYNDROM for the violation of a third party’s copyright due to the execution of the services or work accepted by the Client.

8.3. The Client guarantees that all documents and their media are their exclusive property or that they have unrestricted usage rights. The Client consequently guarantees DIGITAL SYNDROM protection against any eviction, whether partial or total, of the document or media due to third-party ownership rights at the time of contract acceptance and during its execution. The Client explicitly authorizes DIGITAL SYNDROM to rework, retouch, and modify all documents provided by the Client, as well as to make reproductions necessary for the execution of the order.

8.4. Any creation by DIGITAL SYNDROM, as defined by the Intellectual Property Code, is the exclusive property of DIGITAL SYNDROM, which holds all related copyright. Therefore, DIGITAL SYNDROM has the right to sign each copy of its work. Unless otherwise agreed upon in writing regarding a broader transfer of copyright, the Client acquires only the right to use DIGITAL SYNDROM’s creations in accordance with the purpose of the order. Any free subsequent reproduction or partial or total modification of the work is excluded. Subsequent reproduction includes, but is not limited to, photocopies and digital copies in any format or on any medium.

8.5. No source files are transmitted to the Client unless paid for. The estimated value of the source files ranges from 300% to 2000% of the initial order value. Certain typefaces and software will not be transmitted under any circumstances.

8.6. All copyrights extend to digital creations such as “websites.” Thus, not only the concept of the aforementioned “websites” but also their content (when created by DIGITAL SYNDROM) and structure are protected under the Intellectual Property Code. As a result, no copy, even partial, and no modification of these works may be made for free without the written consent of DIGITAL SYNDROM.

8.7. Any transfer of copyright, in whole or in part, as defined above or according to a special written agreement, will only take effect for the benefit of the Client upon full payment of the final invoice related to the creation of the works subject to the transfer.

8.8. The Client agrees to notify DIGITAL SYNDROM immediately upon discovering any infringement of the aforementioned copyrights.

Article 3. OFFERS AND PRICES

3.1. As quotes are often prepared based on information provided over the phone or electronically, they are only considered final after the receipt of necessary materials and approval by our services. DIGITAL SYNDROM reserves the right to issue a new quote if required, thereby rendering the previous quote(s) null and void.

3.2. The applicable rates are those indicated on the date of the offer and are available upon request, excluding shipping fees.

3.3. DIGITAL SYNDROM reserves the right to modify its terms and conditions, offerings, and rates at any time without prior notice. These changes will not affect current contracts.

3.4. DIGITAL SYNDROM reserves the right to adjust its prices without prior notice in response to the introduction of new taxes or an increase in existing tax rates.

3.5. DIGITAL SYNDROM has public offers available on our website www.digitalsyndrom.net in the “our offers” section. Our agency reserves the right to make necessary changes (to services and prices) and to apply these changes to ongoing contracts (in agreement with the client) at any time and without prior notice.

Article 4. UNACCEPTED PROPOSALS

4.1. Quotes provided by DIGITAL SYNDROM are free of charge. However, if not accepted, all presented projects (digital and paper documents) must be returned in full and remain the property of DIGITAL SYNDROM.

4.2. Project studies, the drafting or review of specifications, website architectures, mockups, and photographic work will be billed even if no subsequent firm order is placed. Billing will be based on the time worked, according to the average hourly rate agreed upon by the industry.

Article 5. COMMENCEMENT OF PURCHASE ORDERS

5.1. Any signed agreement is irrevocable as of the date of signature.

5.2. Failure to comply with the conditions stated in section 2.2 releases DIGITAL SYNDROM from any liability for missing the initially agreed launch date and/or failing to meet commitments outlined in the contract.

Article 6. ORDER MODIFICATIONS

6.1. Any modification to an order must follow the same formalities as the original order.

6.2. Any cancellation of an order entitles DIGITAL SYNDROM to retain the deposit paid, without prejudice to additional compensation that DIGITAL SYNDROM may seek in court due to the cancellation.

Article 7. PAYMENT – TERMS

7.1. Deposit invoices are payable immediately.

7.2. Balance invoices are payable 30 days from the date of issuance unless otherwise agreed.

7.3. CM invoices are paid at the start of the billing period.

7.4. Any unpaid amounts within the timeframes specified in sections 7.1 and 7.2, delayed payments, or payment defaults (e.g., checks returned unpaid by the bank) will result in the immediate suspension of services until the issue is resolved. This suspension does not constitute grounds for liability on the part of DIGITAL SYNDROM.

7.5. DIGITAL SYNDROM retains all intellectual property and ownership rights over its production until full payment of invoices is received. Payment is considered complete only upon the effective receipt of funds; submitting a draft or any document creating an obligation to pay does not constitute a final payment. If not fully paid, all documents must be promptly returned to the company or will be deleted from public or private servers connected to the internet.

7.6. If payment delays exceed 45 days, DIGITAL SYNDROM reserves the right to terminate its commitment and initiate legal proceedings.

7.7. Clients may not claim compensation from DIGITAL SYNDROM due to the suspension of services following a payment issue.

Article 9. RESPONSIBILITIES

9.1. DIGITAL SYNDROM cannot be held liable in cases of force majeure or events beyond its control, such as prolonged power outages, failure of the User’s equipment or telephone line, disruptions in telephone networks allowing access to the Service, any or all parts of the computer networks that make up the Internet, or, more generally, any malfunction in the operation of the Internet and its services.

9.2. Any delay, suspension, or cancellation of an order due to technical failures inherent to the functioning of the Internet network, external to DIGITAL SYNDROM and beyond its control, cannot justify a refusal of payment, even partial, by the Client, nor give rise to a new service at the expense of DIGITAL SYNDROM and/or compensation from DIGITAL SYNDROM to the Client.

9.3. Any delay, suspension, or cancellation of an order due to technical failures inherent to the functioning of the hosting provider’s servers, external to DIGITAL SYNDROM and beyond its control, cannot justify a refusal of payment, even partial, by the Client, nor give rise to a new service at the expense of DIGITAL SYNDROM and/or compensation from DIGITAL SYNDROM to the Client.

9.4. Any delay, suspension, or cancellation of an order may, at most, give rise only to a refund or the non-collection, in whole or in part, of the service price.

9.5. DIGITAL SYNDROM does not guarantee in any way the traffic of the site(s) created.

Article 10. CLAIMS

Any claim of any kind, to be valid, must be sent to the headquarters of DIGITAL SYNDROM by registered mail with acknowledgment of receipt within 7 (seven) days following the receipt of the invoices. After this period, the work and its terms of execution or payment will be considered definitively accepted.

Article 11. APPLICABLE LAW, JURISDICTION

11.1. This contract is governed by Tunisian law. Any dispute arising from the performance or termination of this contract shall, in the absence of an amicable agreement, be submitted to the jurisdiction of the courts of the city of Ariana. This clause applies even in summary proceedings, incidental claims, multiple defendants, and regardless of the method and terms of payment.

Article 12. ENTIRE AGREEMENT

If any provision of these terms is found to be invalid under a rule of law, an applicable statute, or a court decision, it will be deemed unwritten and will not invalidate the contract as a whole.

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Digital Syndrom Group a plus de 11 ans d'expérience sur le marché local et le Marché International.

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Pour vos projets de conception graphique, d'impressions, de création de site web, de Community Management, d'habillage de voiture, d'enseignes, d'habillage de stand, d'habillage de vitrine, ... nous sommes à vos côtés pour mener parfaitement vos projets avec les budgets les plus optimisés.

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