Terms and Conditions of Sale

1. Purpose and scope

These T&Cs apply to all the services offered by WebAfriq, in particular:

Any order for services implies the client's unreserved acceptance of these T&Cs.

2. Ordering process

3.1 Pricing

Prices are expressed in CFA francs (XOF), excluding taxes. They include:

• •Fixed-price project: Fixed overall price for a defined scope
• •Time and materials: Billing based on time spent (day or hour)
• •Subscription: Monthly fee for maintenance and support

Prices may be revised depending on the complexity of the project, the technologies used and the imposed deadlines.

3.2 Payment terms

3.3 Payment methods

• •Bank transfer (recommended)
• •Credit card

4.1 Timelines

Delivery timelines are indicated in the quote on an indicative basis. WebAfriq undertakes to use all necessary means to meet these timelines. However, timelines may be extended in the event of:

• •Force majeure or events beyond our control
• •Delay in the client providing the necessary information or materials
• •Change to the scope or the specifications
• •Late payment

4.2 Delivery

Delivery takes place according to the terms defined in the quote:

• •Provision on a test or production environment
• •Handover of deliverables (source code, documentation, files)
• •Training and skills transfer if planned

4.3 Acceptance testing

The client has a period of 15 days from delivery to carry out acceptance testing and report any anomalies. After this period, delivery is deemed accepted.

Important: Only anomalies corresponding to a non-compliance with the validated specifications give rise to free correction. Requests for enhancements or changes outside the initial scope will be subject to an additional quote.

5. Client obligations

The client undertakes to:

6. Intellectual property

6.1 Custom developments

Developments carried out specifically for the client become their property after full payment of the agreed price. WebAfriq transfers the intellectual property rights by handing over the source code and documentation.

6.2 Reusable components

WebAfriq retains ownership of the generic components, libraries, frameworks and tools developed in-house or used across several projects. The client benefits from a non-exclusive usage licence.

6.3 Third-party software

The third-party software, libraries and components used remain the property of their respective publishers. The client undertakes to comply with the applicable licences (open source or commercial).

6.4 Documentation

WebAfriq reserves the right to reuse the methods, techniques and know-how acquired during the provision of services, provided that no confidential information of the client is disclosed.

7. Confidentiality

WebAfriq undertakes to maintain the confidentiality of all sensitive information communicated by the client in connection with the service. This obligation applies for the duration of the contract and for a period of 5 years after its termination.

A specific non-disclosure agreement (NDA) may be signed at the client's request for particularly sensitive projects.

The client also undertakes not to disclose WebAfriq's methods, processes and know-how to third parties without prior written authorisation.

8.1 Warranty

WebAfriq guarantees that the services will be carried out in accordance with industry best practices and the validated specifications. A 3-month operating warranty is provided from final delivery, covering:

• •Bugs and anomalies preventing normal use of the system
• •Non-conformities with respect to the validated specifications

This warranty does not cover problems resulting from improper use, modifications made by the client or a third party, or problems related to the client's technical environment.

8.2 Limitation of liability

WebAfriq is liable for proven direct damages caused by fault or negligence in the performance of the services. This liability is limited to the total amount paid by the client for the service concerned.

WebAfriq cannot be held liable for:

• •Indirect damages (loss of revenue, commercial harm, loss of data)
• •The consequences of improper or fraudulent use
• •Problems related to third-party services (hosting, external APIs)
• •Security breaches resulting from the client's negligence (weak passwords, lack of updates)

9. Maintenance and support

The 3-month warranty does not constitute a maintenance contract. To benefit from continuous support and regular updates, the client may subscribe to a separate maintenance contract including:

10. Termination

10.1 Termination by the client

The client may terminate the contract at any time with 30 days' notice by registered letter with acknowledgement of receipt. In this case, the client remains liable for:

• •Full payment for the services already performed
• •A fixed indemnity of 30% of the remaining amount of the contract

10.2 Termination by WebAfriq

WebAfriq may terminate the contract by operation of law, without indemnity, in the event of:

• •Non-payment after a formal notice that remained unsuccessful for 15 days
• •Serious breach by the client of its obligations
• •Force majeure making it impossible to continue the contract

11. Force majeure

Neither party shall be held liable for the non-performance of its obligations in the event of force majeure, an unforeseeable, irresistible event beyond the control of the parties (natural disaster, war, strike, epidemic, major failure of internet infrastructure, etc.). Obligations are suspended for the duration of the force majeure. If it lasts more than 3 months, the contract may be terminated by operation of law by the most diligent party.

12. Applicable law and disputes

These T&Cs are governed by Beninese law. In the event of a dispute, the parties undertake to seek an amicable solution. Failing agreement within 30 days, the dispute will be brought before the competent courts of Cotonou (Benin), notwithstanding multiple defendants or third-party proceedings.

13. Acceptance of the T&Cs

Signing the quote or electronic acceptance constitutes express and unreserved acceptance of these T&Cs. The client acknowledges having read and understood all the clauses. The fact that WebAfriq does not, at any given time, rely on any clause of these T&Cs cannot be interpreted as a waiver of the right to rely on it later.

14. Amendments to the T&Cs

WebAfriq reserves the right to amend these T&Cs at any time. Amendments will take effect as soon as they are published online. The applicable T&Cs are those in force on the date the quote is signed.