Terms of Sale Legal

# Terms of Sale (ToS)

1. Legal Information

Seller:
Smart Pilote

Registered office:
Tchinangbegbo, Abomey-Calavi
Atlantic Department, Benin

📧 Email: makowanou@smartpilote.com
📱 Phone: +229 01 61 67 96 40
📱 Secondary phone: +229 01 99 95 45 26

2. Purpose and scope

These Terms of Sale (ToS) govern the contractual relationships between Smart Pilote and its clients for the sale of IT services, AI solutions and consulting services.

3. Services offered

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3.1 IT development

- Custom software design and development
- Web and mobile application development
- Website creation
- System integration

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3.2 Artificial intelligence

- AI solution development
- Chatbots and virtual assistants
- Process automation
- Data analysis and machine learning

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3.3 Consulting and digital transformation

- IT infrastructure audit
- Digital strategy
- Digital transformation support
- Process optimization

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3.4 Cybersecurity

- Security audit
- GDPR compliance
- Threat monitoring and detection
- System security

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3.5 Maintenance and support

- Preventive and corrective maintenance
- Technical support
- Performance optimization
- AI-assisted troubleshooting

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3.6 Training

- IT training
- AI technology awareness
- Cybersecurity training
- Team support

4. Orders and quotes

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4.1 Quote request

Any service request is subject to a free and non-binding quote. The quote is valid for 30 days from its issue date.

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4.2 Order acceptance

The order is only final after:
- Written acceptance of the quote by the client
- Signature of the purchase order or contract
- Receipt of any advance payment

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4.3 Modifications

Any order modification must be subject to a written amendment and may result in price and deadline revision.

5. Pricing and billing

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5.1 Prices

Prices are expressed in CFA Francs (XOF) excluding tax. VAT applies according to current regulations in Benin.

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5.2 Price revision

Prices may be revised in case of:
- Modification of specifications by the client
- Evolution of raw material or service costs
- Modification of tax regulations

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5.3 Billing

- Consulting services: Billing according to rate schedule or package
- Development: Billing by phases or package
- Maintenance: Monthly or annual billing
- Training: Billing per session or per participant

6. Payment terms

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6.1 Payment conditions

- Cash payment: Upon order
- Installment payment: According to agreed schedule
- Advance payment: 30% upon order for projects
- Balance: Upon delivery or according to schedule

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6.2 Accepted payment methods

- Bank transfer
- Bank check
- Cash (within legal limit)
- Mobile money (MTN Money, Moov Money)

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6.3 Payment terms

- Companies: 30 days net
- Individuals: Cash or as agreed
- Administrations: 60 days maximum

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6.4 Late payment

In case of late payment:
- 1.5% penalty per month of delay
- Suspension of ongoing services
- Billing of collection costs

7. Deadlines and delivery

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7.1 Completion deadlines

Deadlines are indicative and run from:
- Receipt of advance payment
- Provision of necessary elements by the client
- Final validation of specifications

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7.2 Delivery

- Software: Digital delivery
- Websites: Online deployment
- Training: At our premises or online
- Consulting services: Final report delivery

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7.3 Delivery delay

In case of delay attributable to Smart Pilote, the client may claim penalties of 0.5% of the ex-tax amount per week of delay, capped at 10% of the total amount, if the delay is not caused by the client.

8. Client obligations

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8.1 Collaboration

The client undertakes to:
- Provide necessary information and elements
- Designate a single contact person
- Respect validation deadlines
- Give access to systems if necessary

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8.2 Validation

The client has 5 working days to validate each deliverable. After this period, validation is deemed acquired.

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8.3 Confidentiality

The client undertakes to preserve the confidentiality of Smart Pilote's methods and know-how.

9. Warranties and liability

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9.1 Conformity warranty

Smart Pilote guarantees service compliance with validated specifications for 3 months from delivery.

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9.2 Hidden defects warranty

6-month legal warranty for hidden defects.

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9.3 Limitation of liability

Smart Pilote's liability is limited to the contract amount. Smart Pilote cannot be held responsible for indirect damages.

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9.4 Force majeure

Smart Pilote cannot be held responsible in case of force majeure or events beyond its control.

10. Intellectual property

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10.1 Specific developments

Developments specifically made for the client become its property after full payment.

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10.2 Tools and methods

Smart Pilote retains ownership of its tools, methods and know-how.

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10.3 Third-party licenses

Third-party software licenses remain the property of their respective publishers.

11. Confidentiality and personal data

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11.1 Confidentiality

Smart Pilote undertakes to preserve the confidentiality of client information.

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11.2 Data protection

Processing of personal data complies with our Privacy Policy.

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11.3 Security

Smart Pilote implements appropriate technical and organizational measures to protect data.

12. Termination

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12.1 Termination for fault

Each party may terminate the contract in case of serious breach by the other party, after formal notice remained without effect for 15 days.

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12.2 Termination for convenience

Termination possible with 30 days notice and compensation for incurred costs.

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12.3 Effects of termination

In case of termination:
- Payment of completed services
- Return of provided elements
- Cessation of reciprocal obligations

13. Right of withdrawal

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13.1 Consumers

Consumers have a 14-day period to exercise their right of withdrawal, except for legal exceptions.

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13.2 Professionals

No right of withdrawal for professionals.

14. Complaints and mediation

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14.1 Complaints

Any complaint must be addressed in writing to:
📧 Email: info@smartpilote.com

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14.2 Mediation

In case of dispute, possibility of resorting to mediation before any legal action.

15. Applicable law and jurisdiction

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15.1 Applicable law

These ToS are subject to Beninese law.

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15.2 Jurisdiction

In case of dispute, exclusive jurisdiction of the courts of Cotonou.

16. Final provisions

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16.1 Validity

If a clause were declared null, the other clauses remain applicable.

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16.2 Modifications

Smart Pilote reserves the right to modify these ToS. New terms apply to orders subsequent to their publication.

17. Contact

For any questions regarding these ToS:

📧 Email: makowanou@smartpilote.com
📱 Phone: +229 01 99 95 45 26
📍 Address: Tchinangbegbo, Abomey-Calavi, Benin

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Last updated: March 2025
Version: 1.0