ipad publishing

Online terms and conditions of sale


These terms and conditions of sale are agreed between the AQUAFADAS, S.A.S, a company with capital of 1 084 320 Euros whose registered headquarters is at MIBI, 672 rue du Mas de Verchant 34000 Montpellier, registered with the chamber of commerce in Montpellier under the SIRET number N°487 863 631, represented by its President, Mrs Claudia ZIMMER and any legally competent professional or non professional person wishing to make a purchase via the website of the AQUAFADAS company accessible at the following address: www.aquafadas.com (hereinafter « the Buyer »).

PREAMBLE

These Online Terms and Conditions of Sale shall apply to all the transactions that are made on the website of the AQUAFADAS S.A.S company at the address www.aquafadas.com and specifically to the purchases on the existing associated web spaces, in particular under the tabs:

  • « Desktop Applications » (http://www.aquafadas.com/store)
  • « Store » (http://store.aquafadas.com)

The sale of the Products and Services available on the Website www.aquafadas.com is governed by the present Terms and Conditions of Sale and by the purchase order.
AQUAFADAS offers on its Website creative software based on photography and video and Software and Digital publishing. The terms « Products » or « Software » mean computer programs, property of AQUAFADAS S.A.S, to which it can make any changes it considers necessary in design and publication, available for sale under the tab « Desktop Applications » of the Website www.aquafadas.com and set out in the list below:

  • MotionComposer
  • BannerZest
  • PulpMotion
  • KidsMotion
  • iDive
  • SnapFlow
  • VideoPier

For Digital publishing services, AQUAFADAS makes available a suite of software development and publication tools to the registered customers on the http://avepublishing.aquafadas.com space of the www.aquafadas.com website.

The term "Software" means the computer programs related to Digital publishing services, AQUAFADAS property to which it will make any changes it deems necessary, including:

  • The ComicComposer software
  • The MyKiosk software
  • The AVE Plugins for Adobe ® InDesign ®
  • The AVE AppFactory software
  • The complementary modules, provided separately, or enrichments

The term « Services » means the services related to the digital publishing listed below:

  • The application licences and the publishing licences available under the tab « Store » allowing the creation of an Ebook, an Application, a Web Reader ; conversion and publication of PDF files.
  • The services of creation and submission of an application
  • The support services refers to the purchase of a support ticket.

ARTICLE 1: PURPOSE

The present terms and conditions aim to define the contractual relationship between the Buyer and AQUAFADAS SAS, and the conditions applicable to all purchases made through the www.aquafadas.com website and its associated web spaces.

Buying through this site implies full acceptance by the Buyer of these conditions of sale.

No special conditions may prevail without prior written acceptance obtained from AQUAFADAS SAS.

All conditions advanced by the Buyer remain ineffective without prior written agreement by AQUAFADAS.

Any special conditions accepted by AQUAFADAS apply only to the sale in question.

No waiver of any part of the current General Terms of Sales may be used as the basis for a claim against AQUAFADAS SAS.

AQUAFADAS SAS reserves the right to modify the conditions of sale, as well as the supply of products at any time. In such a case, the conditions applicable will be those in effect at the date of confirmation of the order by the Buyer.

With each order placed on the www.aquafadas.com website, the Buyer will be asked to confirm acceptance of the Terms of Use in force on the date of order placement.

Non-professional buyers should note that the sale of products and services offered on the www.aquafadas.com website is destined for end users. The resale or distribution of these products and services is strictly prohibited.

ARTICLE 2: PRICE

Note that the licences for the software AVE PlugIns for Adobe ® InDesign ®, Comic Composer and MyKiosk for iOS Simulator are made available to Buyers free of charge.

Regarding AVE AppFactory software, the Buyer can use application models which he has selected for free, only during the preview phase.

When the Buyer wishes to publish, his or her application on an downloading platform, he or she shall pay the price of the corresponding licence to use and the price of the chosen publishing licence.

The price of each licence of AVE AppFactory Application Template type and the price of each publishing licence is listed on Aquafadas’s Website in Dollars or Euros at the User’s choice.

Software accessible under the tab « Desktop Applications » are provided to the Buyer against payment (out of trial version). For each licence to use these software, prices are listed on the website, in dollars, pounds or euros at the choice of the Buyer.
Prices listed on the website are excluding taxes, and if V.A.T. or any type of fees is applicable at the date of acceptation of the order. Any change of rates can impact on the products’ or services’ prices.

All licences, whether for use of AVE AppFactory application template or for publishing, are annual and payable immediately.

It is understood that:

  • An application licence can be used for one year following the validation of the order (purchase date).
  • In the case of a Publishing Licence, it can be used for one year following the activation of the first licence, or at the latest three (3) months after the confirmation date of the order.
  • During the procurement procedure « enrichments » are offered to the Buyer, these extensions can be for sale or for free. In both cases, they are valid for a year from the purchase date, after this deadline they are no longer available.

When the Buyer requires the Creation and Submission Service of an application on the online platforms, as well as the support service, he or she will have to pay the specific price of this service depending on options selected.

AQUAFADAS reserves the right to change prices at any time, although the price applicable to the Buyer will be that listed on the site the day the order is accepted.

The Buyer will receive written confirmation of the amount of the price and other costs charged at order confirmation or no later than at the moment of download.

In the case of a suspension, interruption or even cancellation of the Service before the end of the contract period, and notwithstanding legal or regulatory dispositions in effect, the Buyer may not make any claim for a price refund or any other compensation.

ARTICLE 3: ORDERS

3.1 Ordering Creative software based on photography and video

The Buyer who wishes to make a purchase on the www.aquafadas.com website must:

  • Complete the online order form with all references of selected products or services;
  • Confirm selection and validate the order after checking the selection made;
  • Make payment as agreed in the Terms and Conditions; for qualified professionals this means upon receipt of the invoice, and for non professionals upon order confirmation;
  • Confirm the order and payment.

3.2 Ordering Products and Services related to Digital Publishing

The buyer who wishes to make a purchase on the www.aquafadas.com website shall either:

  • Purchase products or services under the tab « Store » without having created an account on the Avepublishing space. The Buyer is therefore qualified as a « guest ». For that purpose it suffices to provide his or her first and last name, and a valid email address in order to receive all the related information to the order.
    It is only at the purchased licence activation stage that the Buyer will have to create a customer account.

or:

  • Create an account on the avepublishing.aquafadas.com space and to this end complete an online identification form providing all requested data; an account is created for which the Buyer receives a login and password to connect to the space;

In both cases, the Buyer shall:

  • Complete the online order form with all references of selected products or services;
  •   
  • Confirm selection and validate the order after checking the selection made;
  •   
  • Make payment as agreed in the Terms and Conditions; for qualified professionals this means upon receipt of the invoice, and for non professionals upon order confirmation;
  •   
  • Confirm the order and payment.

3.3 Terms and conditions applying to all orders placed online

Order confirmation implies full knowledge and acceptance of these Terms of Sale, as well as the waiver of Buyer conditions of purchase or any other conditions.
The data provided and the recorded confirmation of sale provide the necessary and valid proof of the transaction. Order confirmation is equivalent to the Buyer’s signature and acceptance of transactions entered into.

Upon receipt of payment, the Buyer expressly accepts that AQUAFADAS will send confirmation of the order by e-mail to the address provided by Buyer.

The order will be processed and considered final upon receipt of the e-mail by the Buyer containing the reference number of the order given by AQUAFADAS and all the information provided, noting where appropriate any difficulties in processing the order, for example concerning the delivery or payment method.

ARTICLE 4: INFORMATION PROVIDED BY THE BUYER

To access the Services, the Buyer shall provide all information requested in the online registration form. It is physically impossible for AQUAFADAS to verify the accuracy or truthfulness of the information provided. The Buyer acknowledges therefore that the provision of any incorrect, incomplete or misleading information may incur the Buyer’s liability both in respect of AQUAFADAS and third parties.

When false, incomplete or misleading information is provided (or failure to update such information) and to the extent that such information has a significant influence on the conditions of supply of services to or compliance with the Buyer’s obligations, including financial obligations, AQUAFADAS may decide to suspend or cancel the account registration of the Buyer with immediate effect and without notice, with the consequence of denying access to the Service by the Buyer for an indeterminate period or permanently.

The Buyer shall be solely responsible for the confidentiality of the password required for identification and access to the Service. The Buyer shall take appropriate measures to prevent third parties knowledge of their username and password. Any order for which the Buyer is identified by a password and a valid ID will be processed by the AQUAFADAS and will incur the Buyer’s responsibility unless it can be demonstrated by the Buyer that a misidentification is the result of a failure on the part of AQUAFADAS.

ARTICLE 5: ORDER WITHDRAWAL

Non-professional buyers are advised that, given the nature of the Services no right of withdrawal under the provision of the Services are provided in accordance with Article L. 121-20-2 1° and 4° of the French consumer code (Code de la consommation). All Sales are final. You can no longer exercise your right of withdrawal once delivery (the download) has started.

The AQUAFADAS Service is effective at the beginning of the download from the online store of the www.aquafadas.com website, and you may not cancel your order once after placement, as it is understood that the AVE Plugins for Adobe® InDesign®, AVE AppFactory, Comic Composer and MyKiosk for iOS Simulator can be downloaded from the www.aquafadas.com website and are not subject to a condition of payment.

ARTICLE 6: PAYMENT METHODS

Fees and charges are payable upon order, and AQUAFADAS remains the owner of the products until full payment is received.

For Software available under the tab « Desktop Applications, the price can be paid in dollars, pounds or euros, at the Buyer’s choice.

For Products and Services of Digital Publishing, the price can be paid in dollars or euros, at the Buyer’s choice. As soon as the payment is effective, orders of Licence to use software, Licence of application, and Publishing Licence will be delivered via the internet, no order will be processed before complete reception of the price.
An invoice showing V.A.T, if applicable, will be sent to the Buyer by electronic means.

When the Buyer purchases a Service of Creation and Submission of an application, if the submission to the distributor fails and if the Buyer renounces to proceed to standard adjustments and to submit the Application a second time, he will be refund.
In this case, AQUAFADAS will reimburse the Service, after deduction of processing fees amounting to 30% of the initial price , in a reasonable delay and by wire transfer.

Once the order has been confirmed, the Buyer may pay using one of the following means:

  • Through the internet using Credit Mutuel’s secure bank card payment interface for VISA, MASTERCARD, AMERICAN EXPRESS, CARTE BLEUE;
  • Through the PayPal payment interface using PayPal account, VISA, MASTERCARD, AMERICAN EXPRESS, CARTE BLEUE, Cofinoga, Aurore, Privilège, ou 4 étoiles cards;
  • By wire transfer within 30 days of the order with a fee of  Euros 20 (or equivalent foreign currency), who expressly agrees to the aforementioned. In this case the Buyer will have to contact AQUAFADAS. An invoice, indicated the AQUAFADAS ‘s bank information will be sent by the financial office to the Buyer, who accepts to proceed at his order payment.

AQUAFADAS reserves the right to verify the personal data communicated by the Buyer and adopt all measures necessary to verify that the person whose bank account is debited is the one who placed the order. AQUAFADAS may request of the Buyer proof of the identity and / or bank account. A lack of response of the Buyer to such a request within two days after the request by AQUAFADAS will automatically result in the cancellation of the order concerned, without further recourse.

AQUAFADAS retains no credit card number information.

ARTICLE 7: AVAILABILITY OF SERVICES

Services are normally available to the Buyer 24/7/365 except in cases of force majeure and maintenance. AQUAFADAS reserves the right to suspend access to the www.aquafadas.com website to perform maintenance. Such interruptions will be announced to Users on the Site.

AQUAFADAS nevertheless reserves the right to temporarily suspend access in case of urgent need, without notice or compensation, and will not be liable for damages of any kind that may arise as a result.

ARTICLE 8: EVIDENCE

AQUAFADAS archives an accurate copy of all purchase orders and invoices on reliable and persistent media.

The parties will consider AQUAFADAS records as proof of all exchanges, orders, payments and other transactions between the parties pursuant to the article 1348 of the French Civil Code.

ARTICLE 9: USE OF THE SOFTWARE

Software licences bought on the website of AQUAFADAS, www.aquafadas.com, are subjected to specific licence agreements. The user will have to accept the terms and conditions within the licence agreement at the moment of the installation.

9.1 Before you may use the software provided on the website www.aquafadas.com, you must accept the Terms of Use.

9.2 The AQUAFADAS software suite and all elements of the http://avepublishing.aquafadas.com portal of the www.aquafadas.com site are protected by copyright, trademarks or patents and remain the exclusive intellectual property of AQUAFADAS.

The Software is protected by national and international copyright. It may only be used in a private setting, free of charge, and within the limits set out in the licence agreement to which you expressly agree here to all provisions; a copy of the licence agreement appears when the Software is downloaded and is also available at the www.aquafadas.com.

No one may reproduce, exploit, repost, or use for any purpose whatsoever, even partially, the elements of the website whether software, visual or audio elements.

All incoming links to AQUAFADAS website are strictly prohibited without the express prior written consent of AQUAFADAS, and such links must be removed upon first request.

ARTICLE 10: SERVICE AND SUPPORT

10.1 General provision

For assistance with billing questions or other order inquiries, please contact the following address: support@aquafadas.com.

10.2 Provision regarding Services of Digital Publishing

The buyer can purchase on the website www.aquafadas.com, under the tab “Store”, one or several “support ticket” granting him technical support provided by AQUAFADAS. Each support ticket is valid for a period of one hour maximum (60 minutes) and can only be used once.

ARTICLE 11: PERSONAL INFORMATION

Pursuant to the privacy law relating to computers, files and freedoms of January 6, 1978, you are notified that information containing names of buyers may be subject to automated processing. You are further notified that Buyer information collected on creation of an account, and when placing orders, are intended for the sole use of AQUAFADAS.

Information stored by AQUAFADAS is required to manage its business relationship with the Buyer, for delivery, service etc. The Buyer may not create an account if he or she refuses to provide the information requested at this time. If the Buyer objects to storage of order data, AQUAFADAS will be required to disable the Buyer’s account to comply with this request.

Pursuant to the French Law Informatique et Libertés of January 6th 1978 amended in 2004 (about the protection of personal data), the Buyer may at any time request access to his personal information and have it corrected or amended where inaccurate or incomplete. The Buyer can make this request in writing to:

AQUAFADAS, S.A.S.
MIBI,
672, rue du Mas de Verchant
34 000 Montpellier, FRANCE.

Pursuant to the provisions of the aforementioned law, AQUAFADAS agrees not to perform any processing on collected data, beyond the strict requirements of its business, without the consent of the person concerned.

The Buyer may therefore receive newsletters from AQUAFADAS and / or its partners, depending on the choices made when creating the account.

The processing of information, including management of user email addresses, has been declared to the CNIL under number 1177697 and 1177695, according to the simplified norm n°48 edited by the CNIL.

ARTICLE 12: ACCOUNT DEACTIVATION

AQUAFADAS reserves the right to disable the Buyer’s account without notice or compensation, in the following cases:

  • The Buyer’s failure to respect the Terms of Sale and Terms of Use
  • Non-payment of amounts due,
  • Acts contrary to the interests of AQUAFADAS,
  • Providing false information when creating the account.

A Buyer who wishes to disable its account should send a registered letter, with return receipt, stating this intent to the following address:

AQUAFADAS, S.A.S.
MIBI, 672, rue du Mas de Verchant
34 000 Montpellier, FRANCE.

AQUAFADAS agrees to disable the account within 48 hours from the receipt of this letter, and the Buyer may not claim a refund or compensation as a result of the execution of this request.

It is the Buyer’s responsibility to recover the Buyer’s data posted, as AQUAFADAS does not ensure a data backup nor recovery service after the Buyer account is disabled.

ARTICLE 13: LIABILITY

AQUAFADAS has an obligation of means and so does not guarantee the suitability of the Service, Site, Software, Components, or other accessible or downloadable content for any use whatsoever; the liability of AQUAFADAS can not be incurred for damages resulting from the use of the Internet such as data loss, intrusion, virus, interruption of service, or other involuntary problems.

The liability of AQUAFADAS can not be incurred by the Buyer’s use of the service or activities which might constitute a breach of the Civil Code and the Penal Code concerning the protection of the individuals and privacy, or any infringement of existing intellectual property rights.

More generally, AQUAFADAS is not liable for any direct or indirect damages resulting from the Buyer's use of the Site, Services or Software, including loss of profits, revenues, customers, computer data, pain and suffering.

Nevertheless and in the event the liability of AQUAFADAS is incurred, total damages awarded to the Buyer may not exceed the sum of 3000 Euros for claims whatever the origin.

Regarding to the Creation and Submission of content Service, the Buyer shall be solely responsible for the contents submitted or to submit to the distribution platform. AQUAFADAS shall not be Debtor of an obligation to monitor or to investigate regarding the conformity of the contents. AQUAFADAS undertakes solely to implement all necessary means to the right digital content submission, without ensuring any success.

ARTICLE 14: APPLICABLE LAW

The Terms and Conditions of Sale are subject to French law.

ARTICLE 15: JURISDICTION

Any dispute will be brought before the law courts in PARIS, regardless of the origin or number of claimant(s) or claims made against the guarantee.

ARTICLE 16: MISCELLANEOUS

Given the global nature of the Internet, we inform international Buyers and users of the need to comply with all applicable laws and regulations in their country of residence.

In the event of any invalidity of any provision of these Terms of Sale, such provision shall be deemed null and void, while the validity of all remaining provisions will remain intact regardless of the nullity of said provision.