(Effective as of 01/01/2025)

Preamble

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation, to all sales concluded by the company KWENTI (hereinafter referred to as “KWENTI”) with the Client, wishing to purchase the services offered for sale by KWENTI on the website https://kwenti.com.

The main characteristics of the services are presented on the website https://kwenti.com, which the Client is required to read before placing an order.

The choice and purchase of the services are the sole responsibility of the Client.

These GTC are accessible at any time on the website https://kwenti.com and shall prevail over any other document.

The Client declares that they have read these GTC and have accepted them by ticking the box provided for this purpose before proceeding with the online order process on the website https://kwenti.com.

Unless proven otherwise, the data recorded in KWENTI’s computer system shall constitute proof of all transactions concluded with the Client.

Seller information:
KWENTI SAS
Share capital: €1,000
Registered with the Montpellier Trade and Companies Register under number 984 910 703
Email: kwenti.direction@gmail.com
Telephone: 06 21 52 31 27
EU VAT number: FR98984910703

The services presented on the website https://kwenti.com are offered for sale within mainland France.

Definitions:

• Services: refer to the KWENTI software and/or application.

• Client: professional clients who require the tool provided by KWENTI SAS.

 

ARTICLE 1 – PURPOSE

The present General Terms and Conditions of Sale define the rights and obligations of KWENTI and its Client in connection with the sale of the following services: the paid provision of software and an application for human resources management.

By placing an order on the Site, the Client fully and unreservedly accepts these General Terms and Conditions, which the Client expressly acknowledges by ticking the corresponding box before placing the order.

The applicable General Terms and Conditions are those in force on the date of the visit or the order placed on the Site. KWENTI reserves the right to amend these Terms and Conditions when necessary, particularly to reflect technical developments, new service offers, changes in the dissemination model, or changes in legislation, at its sole discretion.

The use of the Site and the provision of services to the Client are always subject to the most recent version of the General Terms and Conditions posted on the Site and accessible to the Client at the time of use. The Client is therefore responsible for consulting the General Terms and Conditions as often as necessary.

By placing an online order, the Client confirms acceptance of both the GTC and the General Terms of Use (GTU).

 

ARTICLE 2 – ORDERS

It is the Client’s responsibility to select on the website https://kwenti.com the services they wish to order, according to the following procedure:

The Client chooses the plan that suits them and completes an information form to receive a personalized quotation according to their needs.

After choosing their plan, the Client is redirected to the STRIPE payment service to complete the transaction.

Once the subscription is confirmed, the Client is automatically redirected to the Apple App Store or Google Play Store to download the application, and will also receive a confirmation email containing the download links.

Any order placed on the website https://kwenti.com constitutes the formation of a contract between KWENTI and the Client.

KWENTI reserves the right to cancel or refuse any order from a Client with whom there is an existing dispute relating to the payment of a previous order.

 

ARTICLE 3 – CLIENT AREA / ACCOUNT

To place an order, the Client must create a personal account.

The Client must complete the registration form provided at the time of ordering and undertakes to provide accurate and truthful information regarding their identity, contact details, and company information.

The Client is responsible for updating the information provided, which can be modified by logging into their account.

To access their personal area and order history, the Client may log in through the main dashboard of their KWENTI application or software using the credentials provided at the time of subscription.

Online entry of the credit card number and final validation of the order by means of the “double-click” procedure shall constitute proof of the entirety of said order in accordance with Articles 1363 et seq. of the French Civil Code and shall render all amounts due under the order payable.

This validation constitutes a signature and express acceptance of all operations carried out on the Site.

In the event of fraudulent use of their credit card, the Client must contact KWENTI immediately at kwenti.direction@gmail.com.

The Client may request account deletion via their account, the application, or by email at kwenti.direction@gmail.com.

In case of non-compliance with these GTC, KWENTI may suspend or terminate the Client’s account after written notice sent electronically remains unanswered.

Account deletion, regardless of the reason, results in the complete and irreversible deletion of all personal data associated with the Client.

 

ARTICLE 4 – PRICES

The prices of the services sold are those in effect on the date of the order. They are stated in euros and calculated exclusive of tax (HT). Consequently, they will be increased by the applicable VAT rate in effect on the date of the order.

KWENTI reserves the right to modify its prices at any time. The Client will be informed by email if their client record is up to date. However, KWENTI will invoice the services ordered at the prices indicated at the time the order was recorded.

No discount shall be granted for early payment.

 

ARTICLE 5 – DISCOUNTS

Discounts may be applied by KWENTI to reward Client loyalty or in the context of a partnership. Such discounts are exceptional and remain at the sole discretion of KWENTI.

 

ARTICLE 6 – PAYMENT TERMS

Payment for orders shall be made:

• Either by credit card if the Client chooses to pay the annual subscription in full at the time of ordering;

• Or by automatic debit at the frequency selected by the Client (monthly, quarterly, or annually).

Payment data is exchanged in encrypted mode via the protocol defined by the approved payment service provider handling the transaction.

Payment is made immediately upon ordering by CB, Visa, or MasterCard, through the 100% secure online payment system “STRIPE.”

This system encrypts all order-related data (including names, addresses, and credit card numbers) to ensure that the information transmitted remains protected during transmission. The Client must enter their card number, expiry date, and security code directly in the designated area.

KWENTI reserves the right to suspend order processing in the event of a refusal of payment authorization by the Client’s bank.

The procedure is as follows:

1. The Client visits the Site, selects their plan, and confirms the subscription.

2. They are automatically redirected to the customized KWENTI STRIPE payment page.

3. The Client enters their payment details, selects their billing frequency, and validates the payment.

 

ARTICLE 7 – LATE PAYMENT

In the event of late payment by the Client, penalties calculated from the due date indicated on the invoice may automatically and lawfully be applied by KWENTI without any formal notice being required, and shall render immediately payable all amounts owed to KWENTI by the Client, without prejudice to any other action KWENTI may be entitled to take.

The rate of such penalties shall be 17% of the total amount due including VAT, calculated on the total amount shown on the invoice.

In addition to late payment penalties, and in accordance with Article L.441-10 II of the French Commercial Code, the Client in arrears shall automatically owe KWENTI a fixed recovery fee of €40. If recovery costs incurred exceed this amount, KWENTI may claim additional compensation upon justification.

KWENTI may also, without prior notice, suspend all ongoing services and deliveries until full payment is received and, if necessary, initiate legal proceedings at the Client’s expense to recover payment and damages.

 

ARTICLE 8 – TERMINATION CLAUSE

KWENTI may terminate this agreement after formal notice has been sent to the Client by registered letter with acknowledgment of receipt and has remained without effect for fifteen (15) calendar days from its presentation, in the following cases:

• Breach by the Client of any of its contractual obligations;

• Total or partial failure to pay the price.

 

ARTICLE 9 – RETENTION OF TITLE CLAUSE

KWENTI retains ownership of the goods sold until full payment of the price, including principal and any ancillary amounts.

Accordingly, if the Client is subject to judicial receivership or liquidation proceedings, KWENTI reserves the right to reclaim, within the framework of such proceedings, any unpaid goods sold.

 

ARTICLE 10 – RIGHT OF WITHDRAWAL

The Client is informed that, in accordance with Article L.221-28 of the French Consumer Code:

“The right of withdrawal cannot be exercised for contracts relating to:
9° The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.”

Therefore, the Client expressly acknowledges that the purchase of access to the KWENTI software and/or application constitutes a supply of digital content and services not provided on a physical medium, and that the right of withdrawal does not apply once access has been provided.

 

ARTICLE 11 – LIABILITY AND WARRANTIES

The Software and the Application are made available to the Client under a non-exclusive user license.
This license grants the Client the right to use the product for its own needs and does not, under any circumstances, constitute a transfer of ownership.

Accordingly, the Client undertakes to use the license solely for its own purposes and within the framework of its contractual relationship with KWENTI.

The Software and the Application may not be reproduced, modified, or transferred. The Client shall not rent, sublicense, distribute, or make the license available, free of charge or for consideration, to any third party in any form whatsoever.

KWENTI shall not be held liable for any loss of data or files; it is the Client’s responsibility to perform all necessary backups.

KWENTI shall not be held liable for any inconveniences or damages inherent in the use of the Internet, including but not limited to service interruptions, external intrusions, or the presence of computer viruses.

KWENTI shall not be liable for any direct or indirect consequences or damages affecting the Client resulting from defects or hacking of the Client’s IT system.

In any event, only direct damages may give rise to KWENTI’s liability, and such liability shall not exceed the total amount paid by the Client and received by KWENTI under this Contract during the year preceding the event giving rise to liability.

“Indirect damages” shall include, but are not limited to, any financial or commercial loss, loss of turnover, profit, data, orders, customers, or reputation, as well as any action brought against the Client by a third party.

KWENTI shall not be held liable where non-performance of its obligations results from an unforeseeable and unavoidable act of a third party to the contract or a case of force majeure.

Under no circumstances shall KWENTI be liable for any compensation or damages.

The products provided by KWENTI SAS benefit from:

• The legal guarantee of conformity for defective, damaged, or non-conforming products;

• The legal guarantee against hidden defects arising from a material, design, or manufacturing defect making the product unfit for use.

To assert their rights, the Client must notify KWENTI in writing (by email or letter) of the non-conformity or existence of hidden defects as soon as they are discovered.

KWENTI will refund, replace, or repair any non-conforming or defective products or components, after verification and agreement with the Client.

Shipping costs (if any) will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of proof.

Refunds, replacements, or repairs of non-conforming or defective products will be made as soon as possible and no later than two (2) months after KWENTI’s acknowledgment of the defect. Refunds may be made by bank transfer.

KWENTI’s liability shall not be engaged in the following cases:

• Non-compliance with the legislation of the country where the products are delivered (which it is the Client’s responsibility to verify);

• Misuse, personal use, negligence, or lack of maintenance by the Client;

• Normal wear and tear, accident, or force majeure;

• Non-contractual illustrations or graphics presented on the website.

KWENTI’s warranty is limited, in any event, to the replacement or reimbursement of non-conforming or defective products.

The Client is fully responsible for the use of the Site and the Application by its users and undertakes to comply with the labor laws applicable to its employees.

 

ARTICLE 12 – PERSONAL DATA

The Client is informed that the collection of personal data is necessary for the sale of products and services by KWENTI.
Such personal data is collected solely for the purpose of performing the sales contract.

The provisions relating to personal data processing contained in the KWENTI General Terms of Use (GTU) shall also apply here.

 

ARTICLE 13 – FORCE MAJEURE

KWENTI shall not be held liable for failure to perform its obligations if such failure results from a case of force majeure as defined by applicable law, in accordance with Article 1218 of the French Civil Code.

A case of force majeure shall be understood as an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract, and the effects of which cannot be avoided by appropriate measures, preventing the debtor from fulfilling its obligation.

If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract.
If the impediment is permanent, the contract shall be automatically terminated, and the Parties shall be released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the Civil Code.

This includes, but is not limited to:

• Natural disasters;

• Labor disputes;

• Government acts;

• System failures;

• Disruption of transportation or supply networks, including postal services;

• Disruption of telecommunications or energy supplies;

• Suspension, restriction, or prohibition (temporary or permanent) of Internet access or telecommunication services beyond the control of the Parties;

• Legislative or regulatory orders restricting the freedom of action of either Party.

Any event of force majeure resulting in a malfunction of the Site or the Application shall not engage the liability of KWENTI SAS.

 

ARTICLE 14 – AMENDMENT OF THE TERMS AND CONDITIONS

These General Terms and Conditions may be amended by KWENTI SAS each year on their anniversary date, i.e., January 1st of each year.
The Client shall be informed of any such amendment by email.

 

ARTICLE 16 – MISCELLANEOUS

• During the term of this agreement, the Client authorizes KWENTI to use the Client’s name, brand, and logo for reference purposes, for example, in KWENTI’s commercial materials or publications. This authorization applies to both physical media (brochures, flyers) and digital media (emails, digital marketing, website, etc.).

• The present agreement shall preserve the independence of the Parties and shall not create any subordination or employment relationship between them.

• The Client shall not assign or transfer any of the rights or obligations arising hereunder, in any manner whatsoever, without the prior written consent of KWENTI.

• KWENTI may, however, assign the present agreement or delegate its performance to any person or entity of its choosing, without affecting the validity of these Terms, which the Client expressly acknowledges.

• These Terms may only be amended during their performance by mutual written agreement between the Parties in the form of an addendum duly signed by both Parties.

• Any amendments shall not have retroactive effect unless expressly agreed otherwise in writing.

• The failure by either Party to exercise, on one or more occasions, the rights, options, claims, or actions available under these Terms shall not be construed as a waiver of such rights or actions.

• The annulment of any provision of these Terms shall not entail the annulment of the entire agreement, unless the annulled provision can be considered, in the spirit of the Parties, as substantial and essential, in which case its annulment would undermine the overall balance of the agreement.

 

ARTICLE 17 – GOVERNING LAW AND JURISDICTION

These General Terms and Conditions are governed by French law.
They are written in French, and in the event of translation into one or more languages, only the French text shall prevail in case of dispute.

In the event of a dispute arising from the validity, interpretation, performance, or termination of these Terms and their consequences, and after an attempt at amicable resolution within thirty (30) days of the first registered written notice by one Party to the other, exclusive jurisdiction is hereby granted to the Courts of Montpellier (France), notwithstanding multiple defendants, third-party claims, or summary proceedings.