Draft English translation. The French version remains authoritative. Legal and linguistic review is required before publication.
Article 1 – Provider identification
Services are offered by Raphaël Amato, a sole trader operating under the trade name RAPHAEL-AMATO, SIREN 523 627 115 — SIRET 523 627 115 00034. Business address: 1 rue de la Lanterne, 16310 Roussines, France. Telephone: 07 60 55 29 57. Email: contact@raphael-amato.com. Website: raphael-amato.com.
Before entering into or invoicing a contract, the Provider must have completed the formalities to resume activity and have an active establishment. The SIRET shown on the quotation and invoice is 523 627 115 00034; the administrative details stated there are authoritative.
Article 2 – Scope
These terms and conditions of sale (“Terms”) govern contracts between RAPHAEL-AMATO and a natural person acting outside their commercial, industrial, craft, professional or agricultural activity (“Customer” or “Consumer”). They cover one-off or recurring IT services described in the quotation: troubleshooting, diagnostics, support, installation, configuration, data transfer, backup, recovery and the ancillary supply of equipment, parts, licences and related services.
Contracts with businesses, associations or public bodies are subject to separate terms. The accepted quotation and its appendices define the specific scope and prevail where more specific, without limiting mandatory consumer rights.
Article 3 – Pre-contract information and contract formation
Before an order, the Provider supplies clear information on the essential characteristics of the service, total price or method of calculation, foreseeable additional charges, payment terms, performance date or time limit, duration, guarantees, complaint contact details and, where required by law, withdrawal rights.
The contract is formed by signature of the quotation or order form, unambiguous electronic acceptance, or written agreement stating the service and price. A request for information or an appointment is not an order. Any additional service, part, licence, data recovery or material overrun requires the Customer’s prior agreement to a supplementary quotation, estimate or spending limit.
Article 4 – Services
The service ordered is the one described in the quotation. The service categories presented on this website are general information and do not promise identical results for all equipment.
Article 5 – Prices, charges and VAT
Prices are in euros. The applicable price is the rate card supplied to the Customer or the accepted quotation. It states, where applicable, travel, diagnostics, labour, parts, equipment, licences, subscriptions and surcharges separately. Where an exact price cannot be determined before diagnosis, the Provider states the hourly rate, fixed charges, calculation method and, if possible, an estimate or cap. No extra charge is invoiced without the Customer’s express consent.
While the Provider benefits from the French VAT exemption scheme, invoices state “VAT not applicable, Article 293 B of the French General Tax Code”. If the tax regime changes, legally applicable VAT is added from the date required by law.
Article 6 – Quotations, deposits and earnest money
Unless otherwise stated, quotations remain valid for thirty days. They become binding once accepted by both Customer and Provider, subject to availability of the stated parts, licences and appointment slots. Any advance payment is described in the quotation. A contractual deposit binds both parties, subject to statutory withdrawal rights. Earnest money allows either party to withdraw: the Customer loses it when cancelling outside the withdrawal right; if the Provider cancels, the Provider returns double. If not classified, an advance payment is deemed earnest money.
No deposit or consideration is collected during the statutory seven-day period applicable to certain off-premises contracts, except where law permits, including strictly necessary urgent repairs requested by the Customer.
Article 7 – Appointments, time limits and performance
The quotation or appointment confirmation states the performance date or time limit. Without a date agreement, the service is performed without undue delay and no later than thirty days after the contract is concluded. The Customer provides access to equipment, premises, power, internet and necessary information, and is present or appoints an authorised adult. Lack of access, password, network outage or third-party unavailability may postpone work.
Where the Provider does not meet the agreed deadline, the Customer may exercise rights under the French Consumer Code, including requiring performance within a reasonable additional period and, when legal conditions are met, terminating the contract and receiving repayment.
Article 8 – Remote support
Remote support requires the Customer’s consent and an identified remote-assistance tool. The Customer can view or authorise the session and may request that it stop at any time. The Provider limits access to the operations required for the request. The Customer should close unrelated personal documents where possible and must not disclose bank-card codes. Temporary credentials and support access are revoked at the end of the service unless recurring maintenance is expressly agreed.
Article 9 – Equipment handover, diagnosis and repair
When equipment is entrusted to the Provider, a receipt records its apparent condition, serial number, accessories, reported fault and, where needed, provided access details. The Customer reports any pre-existing defect, impact, liquid damage or earlier repair attempt. Diagnosis identifies probable causes and reasonable solutions and may be charged only if its price was announced in advance. No unauthorised repair, replacement or reinstallation exceeding the agreed amount is performed.
Replaced parts are returned on request except in the case of an exchange, manufacturer take-back, warranty or waste-treatment rule. Uncollected equipment remains the Customer’s property; after reminders and formal notice, the Provider uses only legal procedures and may charge storage fees announced in advance.
Article 10 – Data backup, transfer and recovery
Any backup service specifies source data, relevant devices, destination, frequency, retention, available capacity, encryption if any, alerts, checks and a tested recovery scenario. Initial installation is not permanent monitoring. Unless a monitoring subscription is expressly ordered, the Customer remains responsible for checking errors, maintaining connected and adequately sized media, replacing failed disks and requesting periodic tests.
Backup reduces but does not remove the risk of loss. The Provider does not guarantee recovery of files already corrupted, encrypted, deleted before the first copy, outside the scope, protected by an unavailable password or made unreadable by media failure, but performs agreed operations diligently and reports known anomalies.
Article 11 – Customer obligations
The Customer supplies accurate information, has the required rights in the entrusted equipment, software, accounts and data, retains licence evidence and does not request access to a third party’s system or data without authorisation. The Customer follows reasonable security guidance, including updates, unique passwords, multi-factor authentication, electrical protection, sufficient storage and an independent copy of important data where possible.
Article 12 – Confidentiality and personal data
The Provider treats files, credentials, communications and information accessed as confidential. Personal content is opened only where necessary for requested diagnosis, backup or recovery. Contact data, quotations, invoices, tickets and technical logs are processed to prepare and perform the contract, provide support, meet legal obligations and defend the parties’ rights. Retention, recipients, processors and rights are described in the website privacy policy.
The Customer may exercise rights of access, rectification, erasure, restriction, objection and, where applicable, portability by writing to contact@raphael-amato.com, and may lodge a complaint with the CNIL.
Article 13 – Equipment, parts, licences and third-party services
Supplied equipment, parts and licences are identified in the quotation or invoice. Availability, compatibility and publisher or manufacturer terms may entail a delay or restriction stated before ordering. Subscriptions, online accounts, remote-backup solutions and third-party software may have their own terms. The Customer receives essential information and remains account holder where the service allows it. The Provider is not liable for interruption solely caused by a third party, without affecting liability for the Provider’s own selection, configuration or information.
Article 14 – Conformity, guarantees and after-service
The Provider performs services in accordance with the contract and professional standards. In the event of incorrect diagnosis, poor performance or damage to equipment in the Provider’s custody, the Customer may seek corrective work or compensation under applicable law. Where goods, parts, digital content or a digital service are the main subject of a separate sale, the Customer benefits from the French statutory conformity guarantee and, where applicable, the latent-defects guarantee. Statutory guarantees remain applicable.
Article 15 – Right of withdrawal
For a distance, telephone-solicitation or off-premises services contract, the Customer generally has fourteen days from contract conclusion to withdraw without reason. For goods, the period generally runs from receipt. Withdrawal may be notified by the form in Appendix 1 or any clear statement sent to contact@raphael-amato.com or RAPHAEL-AMATO, 1 rue de la Lanterne, 16310 Roussines, France.
If the Customer expressly asks for the service to begin before the period ends, the Customer pays the proportionate amount for services performed until withdrawal. After full performance, the right is lost only if the Customer expressly requested early performance and acknowledged that consequence. Statutory exceptions apply, notably to strictly necessary urgent maintenance or repair expressly requested at home.
Article 16 – Contracts at home and urgent work
A contract physically concluded at the Customer’s home is generally an off-premises contract. The Provider supplies a dated copy, on paper or durable medium, with mandatory information and the withdrawal form. Unless a statutory exception applies, no payment or consideration is received before seven days have elapsed. Genuine urgent IT repair expressly requested may be performed and paid without waiting, solely to the extent needed to address the emergency.
Article 17 – Appointment cancellation or postponement
Outside statutory withdrawal, the Customer informs the Provider as soon as possible of cancellation or postponement. No charge is due if cancellation occurs at least twenty-four hours before the appointment, unless a customised part or third-party commitment was expressly accepted. For an unreported absence or cancellation less than twenty-four hours before, only reasonable charges stated in the quotation or rate card, corresponding to travel or reserved non-reusable time, may be invoiced.
Article 18 – Invoicing and payment
Unless the quotation states otherwise, payment is due after work, when equipment is returned or according to the subscription schedule. Accepted payment methods are stated in the quotation or invoice. A detailed invoice or note is supplied where required by law and on request. In the event of late payment, the Provider may claim statutory interest and legally justified recovery costs after formal notice; the €40 flat-rate compensation applicable between businesses is not charged to consumers.
Article 19 – Recurring services and termination
Periodic backup monitoring, assistance or a subscription exists only if the quotation states duration, frequency, price, included services, limits, renewal and termination terms. Without a fixed expressly accepted term, a recurring service is open-ended and either party may terminate it with thirty days’ notice. Services already performed and clearly accepted non-cancellable third-party commitments remain payable. Where required by law, a free electronic cancellation function, clearly identified and easily accessible, is made available on the website or relevant interface. The Customer receives confirmation on a durable medium stating the contract end date. At the end of the service, the Provider returns the Customer’s information, removes access and explains consequences for backups or licences; the Customer arranges data export or handover before deletion within the stated period.
Article 20 – Liability
The Provider is liable for direct, certain and foreseeable damage resulting from a proven breach of obligations. No clause limits a mandatory consumer right, excludes liability for bodily injury, gross or wilful misconduct, or deprives the Provider’s essential obligation of substance. The Provider is not liable for loss caused exclusively by an undetectable pre-existing defect, inaccurate information, Customer or third-party action, access-provider failure, external failure or refusal to follow a critical recommendation, unless the Provider is at fault.
Article 21 – Force majeure
Neither party is liable for an impediment caused by force majeure within the meaning of Article 1218 of the French Civil Code. The affected party informs the other, limits consequences and resumes performance as soon as possible. Temporary impediment suspends performance unless delay justifies termination; definitive impediment terminates the contract under applicable law.
Article 22 – Complaints and consumer mediation
Complaints should be sent to RAPHAEL-AMATO at contact@raphael-amato.com or 1 rue de la Lanterne, 16310 Roussines, France, with the quotation or invoice number, facts and relevant documents. The Provider acknowledges receipt and seeks an amicable solution within a reasonable time.
After contacting us and where no satisfactory response is received, you may use consumer mediation free of charge through: CM2C, 49 rue de Ponthieu, 75008 Paris, France. Tel.: 01 89 47 00 14. Website: https://www.cm2c.net/declarer-un-litige.php. Email: litiges@cm2c.net. Mediation is not mandatory and does not remove either party’s right to bring proceedings.
Article 23 – Governing law and jurisdiction
These Terms and the contracts they govern are subject to French law, without prejudice to more favourable mandatory protections available to a consumer resident in another State. If amicable settlement or mediation fails, the Customer may bring proceedings before courts designated by statutory jurisdiction rules, including courts at their domicile where law permits. No exclusive jurisdiction in favour of the Provider’s local court is imposed on a consumer.
Article 24 – Evidence, amendment and severability
Accepted quotations, electronic confirmations, job sheets, tickets, technical reports and communications may constitute evidence under ordinary law. The applicable version is the one supplied or accepted when ordered. A new version applies to new orders; material change to an ongoing subscription is announced on a durable medium with reasonable notice. If any clause is void or unenforceable, the others remain in force.
Appendix 1 – Model withdrawal form
Complete and send this form only if you wish to withdraw from a contract subject to the withdrawal right. You may instead send any clear statement of your decision.
Appendix 2 – Express request for early performance
For a distance or off-premises contract, to be used where the Customer requests service to start before the end of the fourteen-day withdrawal period.
[ ] I expressly request performance to begin before the end of the fourteen-day withdrawal period.
[ ] I acknowledge that, if I withdraw after service begins, I must pay the proportionate amount for services already performed.
[ ] I acknowledge that after full performance I will no longer have the withdrawal right.
Appendix 3 – Recommended details for the job sheet
Equipment make, model, serial number and accessories; apparent condition, reported fault and attempted actions; priority data and verified backup; temporary access and remote-support authorisation; diagnosis, authorised work, parts, spending cap and expected time; test results, remaining anomalies and recommendations; return date and replaced parts.