Terms and conditions
Moonshine G.P.
Original text in French
Customer commitments
The customer will never share files specific to the website, code or otherwise, to other individuals or companies. However, the company doing business with Moonshine may read and use these files within itself. These files therefore cannot leave the company.
The customer cannot change the terms of the development contract without Moonshine's agreement.
The customer can request an end of support only when the product has seen its development completed and its development contract fulfilled. This action, while not irreversible, requires a new contract from Moonshine to undo. When the support is terminated, the company accepts to no longer request any assistance or services from Moonshine G.P., barring the exception of a request for a resuming of service.
The customer agrees to pay the full amount indicated on the development contract before or on the date indicated in the latter.
The customer can only host its website via Moonshine, as long as it is actively supported.
If the customer used an alternative payment method to purchase their website, they must have their website up for 6 months (cumulatively) before being able to request the source code of their website. They may also pay the remaining balance instead
Commitments of Moonshine G.P.
Moonshine accepts to complete the development before or on the date indicated on the contract
Moonshine will never disclose sensitive company information to anyone.
Moonshine accepts to never to intervene on the site in production, nor to extract data from it after the end date of development without the consent of the company.
The breach of these clauses by any party may lead to a premature termination of the contract.
The company accepts to commit a deposit of 30% of the total negotiated price to the order of Moonshine on the day of the signing.
If the company decides to dissociate itself from Moonshine during the development stage of the website, therefore before the deadline, Moonshine will keep the 30% deposit made by the customer.
The remaining price will be paid to Moonshine before delivery of the site, when the site will be as agreed in the development contract.
Moonshine accepts to deliver the website no later than the date indicated in the project contract. However, if the company wishes to modify components of the site after the submission has been signed, the delivery date as well as the development cost may be extended to a later date negotiated with the customer.
Breach of contract
If the dates, tasks and amounts in a bid are not respected (e.g. an amount not paid, a project not delivered on time), the bid becomes void, and both parties have no further responsibilities. If Moonshine is the party breaching its responsibilities, it agrees to return the deposit to the client in full.
Major forces
Major forces encompasses events that are beyond the control of both parties. Breakage of equipment essential to the service, resignation of one of the team members, a fatal or paralyzing accident preventing one of the team members from carrying out his task, no name a few. In the event of one of these events, Moonshine agrees to complete the task as presented in the development contract. However, the current deadline becomes void and can be renegotiated.
All disputes arising from this contract or relating thereto shall be settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce without any recourse to the ordinary courts by one or more arbitrators appointed in accordance with these rules and whose award is binding. The arbitral tribunal will be the judge of its own jurisdiction and of the validity of the arbitration agreement.
