These Maintenance Terms define the conditions under which Koragence provides technical, corrective, and evolutionary maintenance services for websites, web applications, and digital solutions developed or maintained by Koragence.
They supplement Koragence’s General Terms of Sale and are deemed accepted without reservation by the Client upon signature of a maintenance quote.
1. Purpose
These Terms define:
- the scope of maintenance services,
- the respective obligations of the parties,
- the terms of performance, billing, and termination,
- and the limits of Koragence’s liability.
2. Scope
These Terms apply to any maintenance service subscribed to by the Client from Koragence, regardless of the technology used, including marketing websites, web applications, SaaS tools, back-office products, and APIs. They apply exclusively to services expressly included in the subscribed maintenance offer.
3. Nature of maintenance services
3.1 Corrective maintenance
- Correction of bugs or malfunctions affecting the scope delivered by Koragence.
- Corrections are limited to code, configuration, or infrastructure managed by Koragence.
3.2 Technical maintenance
- Updates to dependencies, frameworks, or libraries when required for security or stability.
- Basic monitoring of service availability, excluding third-party hosting providers.
- Reasonable preventive interventions.
3.3 Light evolutionary maintenance (if specified in the quote)
- Minor adjustments that do not alter the structure or core logic of the application.
- Minor UI corrections.
Any substantial change is subject to a separate quote.
4. Excluded services
Unless expressly stated otherwise in the quote, the following are excluded from maintenance:
- creation of new features,
- graphical or functional redesign,
- architectural changes,
- migration to a new technology,
- issues caused by misuse by the Client, code modifications by a third party, or malfunction of third-party tools or services,
- end-user support, training, backups or restores not included in the quote, and incidents caused by force majeure.
Koragence reserves the right to issue an additional quote for any intervention falling outside the agreed scope.
5. Intervention terms
5.1 Access
The Client undertakes to provide Koragence with all access required for intervention, including hosting, DNS, tools, APIs, and technical accounts. Koragence cannot be held liable for delays or inability to intervene caused by incomplete or incorrect access information.
5.2 Intervention timelines
Timelines are indicative and depend on the severity of the incident:
- blocking incident: priority intervention,
- non-blocking incident: intervention within a reasonable timeframe.
No guaranteed recovery time applies unless an express SLA commitment is set out in writing.
6. Client obligations
- Not to modify the code or infrastructure without Koragence’s prior consent.
- Inform Koragence of any intervention by a third party.
- Use the deliverables in accordance with their intended purpose.
- Remain up to date with all financial obligations.
7. Liability
7.1 Limitation of liability
Koragence’s liability is strictly limited:
- to amounts actually received by Koragence for maintenance over the previous 12 months,
- and to direct damage only.
Excluded damages include operating losses, data loss, commercial losses, and indirect or immaterial harm.
7.2 Security
Koragence implements reasonable security measures but does not guarantee absolute security, especially against external attacks, zero-day vulnerabilities, or failures of third-party services.
8. Data and confidentiality
Koragence undertakes to respect the confidentiality of the Client’s data and to access it only within the strict scope of maintenance. The Client remains solely responsible for the data processed and for its regulatory compliance, including GDPR.
9. Term and termination
9.1 Term
Maintenance is subscribed for the duration specified in the quote, whether monthly, annual, or based on an initial commitment.
9.2 Termination
- Termination is possible subject to one month’s notice, unless otherwise agreed.
- Any started period remains due.
9.3 Suspension
Koragence reserves the right to suspend maintenance in the event of non-payment or serious breach of these Terms.
10. Reversibility
At the end of the maintenance period, Koragence is under no obligation to provide additional transfer assistance or support, unless otherwise contractually agreed.
11. Governing law and jurisdiction
These Terms are governed by French law. Any dispute falls under the exclusive jurisdiction of the courts with authority over Koragence’s registered office, subject to any mandatory legal provision to the contrary.
12. Third-party services
Maintenance may involve the use of third-party services such as hosting, APIs, databases, and email services. Koragence is not responsible for the operation, interruptions, or price changes of these services. Related costs remain the exclusive responsibility of the Client. Any intervention required because of a third-party malfunction may be subject to additional billing.
13. Limits on requests and intervention time
Maintenance includes a maximum of 10 requests per month and up to 20 hours of intervention. Any additional request or overrun may be subject to additional billing at the rates in force. Koragence reserves the right to refuse or reschedule any request deemed excessive or out of scope.
14. Support and communication
Maintenance requests must be submitted exclusively through the channels defined by Koragence, such as email or a dedicated management tool. Koragence does not guarantee the processing of requests sent by any other means.
15. Integrity of the environment
Koragence cannot be held liable for malfunctions resulting from modifications made by the Client or by a third party without prior validation. Any intervention required in such a context may be billed separately.
16. Availability
Koragence undertakes to intervene to the extent of its available capacity and current workload, without any obligation of permanent availability.
17. Acceptance
The signature of a maintenance quote constitutes full and unconditional acceptance of these Terms.