(07)Legal

Terms of service

1. Purpose

These terms apply to the services that SIRTECH SARL (“SIRTECH”) provides to its clients: design and development of websites, online stores, web and mobile applications, management systems and artificial intelligence features, audits and project takeovers, and monthly care. SIRTECH’s identity is set out in the legal notice.

Every engagement is the subject of a quote. In the event of a conflict, the signed quote prevails over these terms, which prevail over any other document.

2. Quote and formation of the contract

  • The scoping call is free and without commitment.
  • The quote sets out the scope (what will be delivered), the timeline, the price and the payment schedule. It is valid for the period it states.
  • The contract is formed by written acceptance of the quote: a signature, or an express acceptance sent by email or WhatsApp from the client’s contact details. Electronic writing has the same value as writing on paper as long as its author can be identified.

3. Fixed price and changes

The price in the quote is fixed for the scope described. Any request outside that scope is the subject, before it is carried out, of a written amendment stating its price and its effect on the timeline. No additional work is invoiced without your prior written agreement.

4. Price and payment

  • Prices are stated in the quote, excluding and including taxes, in Algerian dinars, or in the currency stated in the quote for clients established abroad, in compliance with foreign exchange regulations.
  • Payments are made according to the quote’s schedule, to SIRTECH SARL.
  • If a payment is late, SIRTECH may suspend the work after a written reminder that has gone unanswered; the timeline is then pushed back accordingly.

5. How the work runs

  • Every week, SIRTECH delivers a version of the product that you can test. You see real progress, not screenshots.
  • You appoint a contact person and provide the content, access and approvals needed within the agreed time. A delay on your side pushes the timeline back accordingly.
  • The third-party accounts needed (domain, hosting, app stores) are opened in your name.

6. Acceptance and launch

  • On delivery, you have the period set in the quote, or failing that fifteen (15) days, to report in writing any gap with the scope. SIRTECH fixes those gaps at no charge.
  • If nothing is reported within that period, or as soon as the product is put into operation, the delivery is deemed accepted.
  • Launch is included. At the end, after payment in full, you receive the source code, the designs, the documentation of the access rights, and control of every account.

7. Intellectual property

Under Article 20 of Ordinance No. 03-05 of 19 July 2003 on copyright and related rights, the client who commissions the work holds the copyright for its purpose. So that your rights are complete and enforceable, and in accordance with Articles 62 and 64 of that ordinance:

  • What is assigned. SIRTECH assigns to the client, exclusively, all economic copyright in the deliverables made specifically for it (source and object code, designs, mock-ups, texts, databases, documentation): the rights of reproduction, performance and communication to the public, adaptation, modification, translation, arrangement, distribution and commercial exploitation, together with the right to license these rights to third parties and to transfer them to them (Article 70).
  • Forms of exploitation. On any medium and by any mode of exploitation known at the date of the quote (Article 72), in particular online, in mobile applications and on any device.
  • Duration and territory. For the full legal term of protection, worldwide.
  • Economic terms. The remuneration for this assignment is a lump sum included in the price of the quote (Article 65).
  • When. The assignment takes effect on payment of the price in full; until then, the client has a right of use for the purposes of the project.
  • What stays with SIRTECH. SIRTECH’s pre-existing tools, generic components, methods and know-how remain its property; the client receives, at no extra cost, a non-exclusive, perpetual, worldwide licence to use them as part of the deliverables. Open-source components and third-party services remain subject to their own licences, a list of which is provided on request.
  • In accordance with Article 71, the assignment does not cover future works. The authors’ moral rights are inalienable (Article 21); they are exercised with respect for the normal exploitation of the deliverables.
  • Unless the client refuses in writing, SIRTECH may cite the project as a reference, without disclosing any confidential information.

8. Confidentiality

Each party keeps confidential the non-public information received from the other (data, code, projects, commercial terms), during the contract and after it ends, for as long as that information has not become public.

9. Personal data processed for the client

When SIRTECH processes personal data on behalf of the client, the client is the controller and SIRTECH acts as a processor within the meaning of Article 39 of Law No. 18-07 as amended by Law No. 25-11. SIRTECH then undertakes to:

  • act only on the client’s documented instructions;
  • implement appropriate technical and organisational security measures;
  • bind the people authorised to process the data to confidentiality;
  • keep the record of processing carried out on behalf of the client (Article 41 bis 2);
  • inform the client without delay of any data breach it becomes aware of;
  • use only hosting providers that offer sufficient guarantees, listed in the quote or the documentation, and inform the client before any change;
  • at the end of the contract, return the data to the client and then delete it, unless the law requires otherwise.

The client remains responsible for its own obligations towards its users and the ANPDP (declaration, information, transfers). The data SIRTECH processes on its own account is described in the privacy policy.

10. Monthly care

Monthly care (hosting, monitoring, updates, an improvements budget) is described in its quote. There is no commitment: either party may end it at any time in writing, with effect at the end of the current month. The accounts and the code remain yours; SIRTECH hands over any access it held.

11. Warranties and liability

  • SIRTECH warrants that the deliverables conform to the scope of the quote, and fixes at no charge any gaps reported during acceptance and during any warranty period stated in the quote.
  • SIRTECH warrants that it holds the rights it assigns to the client and assists it if a third party challenges them.
  • For the availability of third-party services (hosting providers, app stores, WhatsApp, payment gateways), SIRTECH is bound by an obligation of means.
  • Except in the event of gross negligence or fraud, SIRTECH’s liability is limited to direct, proven damage, up to the price of the quote concerned.
  • Neither party is liable for a failure due to force majeure or to an external cause not attributable to it.

12. Termination

In the event of a serious breach by one party, the other may terminate the contract in writing if the breach is not remedied within fifteen (15) days of a formal notice. Work done up to termination is payable; paid deliverables are handed over to the client with the corresponding rights.

13. Governing law and disputes

These terms and the quotes are governed by Algerian law, unless the quote provides otherwise for a client established abroad, and without prejudice to the mandatory rules applicable to consumers. The parties first seek an amicable solution; failing that, the courts with jurisdiction are those of the place of SIRTECH SARL’s registered office.

The French version of these terms prevails. For any question: contact@sirtech.dev — personal data: dpo@sirtech.dev.