FREN

Maintenance Terms - Koragence

Last updated: September 17, 2026

These Maintenance Terms define the conditions under which Koragence provides technical, corrective, and evolutionary maintenance services for websites, web applications, and digital solutions developed by Koragence or taken over from another provider.

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. For a taken-over application, an initial technical reference (“takeover baseline”) is established after audit or scoping. Pre-existing defects identified in that baseline are not automatically covered by corrective maintenance unless expressly agreed in the quote.

3. Nature of maintenance services

3.1 Corrective maintenance

  • Correction of a reproducible defect affecting the contractual baseline or takeover baseline.
  • Corrections cover the code, configuration, or infrastructure included in the scope actually 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

Unless an express written SLA applies, response and recovery times are indicative. Where an SLA is purchased, it defines severity levels, support windows, response time, any guaranteed recovery time, and escalation rules.

  • critical: unavailability or major risk affecting an essential function,
  • major: significant degradation with limited workaround,
  • minor: defect without essential impact or follow-up request.

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 respects the confidentiality of Client data and accesses it only within the scope provided for by the Contract. The Client is controller where it determines the purposes and means of its business data; Koragence is processor where it processes that data only on documented instructions. A GDPR Annex / DPA then specifies the Article 28 obligations.

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 maintenance, Koragence returns Client-owned data, provides Client-owned source code according to the agreed rights, and returns or transfers credentials and access controlled by the Client. Contractually included documentation is provided; additional migration or reversibility assistance is billable unless included in the quote.

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 third-party services. Koragence is not responsible for intrinsic unavailability, changes, or failures of a third-party provider reasonably outside its control, without prejudice to its own liability for a selection, configuration, integration, or administration included in the Contract. An intervention made necessary by a removed API, expired licence, or third-party incompatibility may be handled as a change request and billed additionally.

13. Included capacity and scope

Monthly capacity, included hours, any carry-over, ticket priority, overrun, and additional rate are defined exclusively in the quote, subscription, SLA, or applicable specific terms. These Terms do not promise a universal volume of requests or hours.

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

An unauthorised modification by the Client or a third party may suspend maintenance commitments for the affected component until diagnosis and scope revalidation. Koragence is not automatically released from liability for other components or its own faults. Necessary work may be billed separately where it is a change or out-of-scope remediation.

16. Availability

Koragence undertakes to intervene to the extent of its available capacity and current workload, without any obligation of permanent availability.

17. Acceptance

Signing the maintenance quote constitutes acceptance of these Terms insofar as they apply to the subscribed scope, subject to specific terms, the SLA, the DPA, and mandatory applicable rules.