General Terms and Conditions of Sale
VisualCom
1. Scope of application
These General Terms and Conditions (“Terms and Conditions”) apply to all quotations, proforma invoices, orders and services provided by VisualCom, unless otherwise agreed in writing.
Any acceptance of a quotation or proforma invoice implies full and unconditional acceptance of these Terms and Conditions.
2. Quotation and Proforma Invoice
All quotations and proforma invoices are issued without obligation and are valid for a period of 30 days from the date of issue, unless otherwise stated.
Prices are expressed in United States Dollars (USD), unless specified otherwise.
3. Orders and acceptance
An order is considered confirmed when the customer:
- accepts the proforma invoice online, or
- confirms acceptance by email, or
- provides any written confirmation of approval.
By accepting the proforma invoice, the customer confirms the order and authorizes VisualCom to proceed with the services.
4. Prices
Prices are exclusive of taxes, duties, bank fees, customs fees or any other charges that may apply, unless expressly stated otherwise.
VisualCom reserves the right to adjust prices in case of significant changes in costs, exchange rates or regulatory constraints prior to order confirmation.
5. Payment terms
Unless otherwise agreed in writing, payment terms are:
Net 30 days from invoice date.
Payments shall be made by bank transfer or any other agreed payment method. All bank charges remain at the customer’s expense.
Any late payment may result in suspension of services without prior notice, late payment penalties in accordance with applicable law, and immediate payment of all outstanding amounts.
6. Delivery of services
Service delivery timelines are provided for information purposes only.
VisualCom shall not be held liable for delays caused by the customer, third parties, lack of access to systems, infrastructure or required information, or any circumstances beyond VisualCom’s reasonable control.
7. Customer obligations
The customer agrees to provide all necessary information, access rights and authorizations required for service delivery, ensure availability of technical resources and qualified personnel, and comply with applicable laws and regulations.
Any delay or failure caused by the customer may result in additional costs, which will be invoiced separately.
8. Intellectual property
All software, documentation, configurations, designs, trademarks and materials provided by VisualCom remain the exclusive property of VisualCom or its licensors, unless explicitly transferred in writing.
No intellectual property rights are transferred to the customer except those strictly necessary for using the delivered services.
9. Limitation of liability
VisualCom’s liability is strictly limited to the direct damages proven and shall in any case not exceed the total amount paid by the customer for the concerned services.
VisualCom shall not be liable for indirect or consequential damages, loss of data, revenue or profit, business interruption, or damages caused by third-party systems or software.
10. Force majeure
VisualCom shall not be held liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, strikes, power failures, internet outages or governmental actions.
11. Termination
In case of material breach of these Terms and Conditions, VisualCom reserves the right to terminate services immediately, without prejudice to any damages claims.
All amounts already invoiced remain due.
12. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Caledonia / France, unless otherwise agreed.
Any dispute shall fall under the exclusive jurisdiction of the competent courts of Nouméa.
13. Acceptance
By accepting a quotation or proforma invoice, the customer acknowledges having read, understood and accepted these Terms and Conditions without reservation.
General Terms and Conditions of Sale
VisualCom
1. Scope of application
These General Terms and Conditions (“Terms and Conditions”) apply to all quotations, proforma invoices, orders and services provided by VisualCom, unless otherwise agreed in writing.
Any acceptance of a quotation or proforma invoice implies full and unconditional acceptance of these Terms and Conditions.
2. Quotation and Proforma Invoice
All quotations and proforma invoices are issued without obligation and are valid for a period of 30 days from the date of issue, unless otherwise stated.
Prices are expressed in United States Dollars (USD), unless specified otherwise.
3. Orders and acceptance
An order is considered confirmed when the customer:
- accepts the proforma invoice online, or
- confirms acceptance by email, or
- provides any written confirmation of approval.
By accepting the proforma invoice, the customer confirms the order and authorizes VisualCom to proceed with the services.
4. Prices
Prices are exclusive of taxes, duties, bank fees, customs fees or any other charges that may apply, unless expressly stated otherwise.
VisualCom reserves the right to adjust prices in case of significant changes in costs, exchange rates or regulatory constraints prior to order confirmation.
5. Payment terms
Unless otherwise agreed in writing, payment terms are:
Net 30 days from invoice date.
Payments shall be made by bank transfer or any other agreed payment method. All bank charges remain at the customer’s expense.
Any late payment may result in suspension of services without prior notice, late payment penalties in accordance with applicable law, and immediate payment of all outstanding amounts.
6. Delivery of services
Service delivery timelines are provided for information purposes only.
VisualCom shall not be held liable for delays caused by the customer, third parties, lack of access to systems, infrastructure or required information, or any circumstances beyond VisualCom’s reasonable control.
7. Customer obligations
The customer agrees to provide all necessary information, access rights and authorizations required for service delivery, ensure availability of technical resources and qualified personnel, and comply with applicable laws and regulations.
Any delay or failure caused by the customer may result in additional costs, which will be invoiced separately.
8. Intellectual property
All software, documentation, configurations, designs, trademarks and materials provided by VisualCom remain the exclusive property of VisualCom or its licensors, unless explicitly transferred in writing.
No intellectual property rights are transferred to the customer except those strictly necessary for using the delivered services.
9. Limitation of liability
VisualCom’s liability is strictly limited to the direct damages proven and shall in any case not exceed the total amount paid by the customer for the concerned services.
VisualCom shall not be liable for indirect or consequential damages, loss of data, revenue or profit, business interruption, or damages caused by third-party systems or software.
10. Force majeure
VisualCom shall not be held liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, strikes, power failures, internet outages or governmental actions.
11. Termination
In case of material breach of these Terms and Conditions, VisualCom reserves the right to terminate services immediately, without prejudice to any damages claims.
All amounts already invoiced remain due.
12. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Caledonia / France, unless otherwise agreed.
Any dispute shall fall under the exclusive jurisdiction of the competent courts of Nouméa.
13. Acceptance
By accepting a quotation or proforma invoice, the customer acknowledges having read, understood and accepted these Terms and Conditions without reservation.