Terms and conditions of sale
Terms applicable to the Wisikard digital service and options offered through the app.
1. Seller's identity
Wisikard is provided by Maxime Wuillaume, sole trader trading as SENDIX, 2 bis place de la République, 55500 Ligny-en-Barrois, France, SIREN 801 868 431, SIRET 801 868 431 00033, registered with the Bar-le-Duc Trade and Companies Register. Contact: support@wisikard.fr. VAT not applicable under Article 293 B of the French General Tax Code.
2. Purpose and scope
These terms and conditions of sale (the “Terms”) govern every order for the Wisikard service and options offered through the app. They prevail over any conflicting customer document unless SENDIX agrees otherwise in writing.
The customer declares that they are entering into the contract as a professional and shall provide a valid SIRET number or, if established outside France, an equivalent official business registration number. SENDIX may verify this information and refuse or cancel an order that does not meet this condition.
3. Description of the offer
The Wisikard Advanced offer includes, in particular:
- an account and a Wisikard professional page accessible by public link and QR Code;
- five templates, visual customisation, custom links, a gallery, YouTube videos, PDF QR Code and progressive web app (PWA);
- advanced analytics and employee management;
- service updates during its operating period;
- initial setup assistance on request.
No storage quota applies to normal professional use. This absence of a quota does not authorise bulk hosting of files unrelated to a Kard, misuse, automated use or use likely to degrade the service. SENDIX may ask the customer to reduce manifestly excessive use.
Optional physical Kard
The physical Kard is not included in the Wisikard Advanced offer. After activating their account, the customer may order a physical Kard from their account in the app. Available models, specifications, prices, any charges and applicable conditions are displayed before this separate order is confirmed.
4. Orders and formation of the contract
The customer selects the offer, checks its essential features, price and entered information, provides their business contact details, accepts these Terms and then confirms payment through the Stripe interface. The order becomes binding once payment is confirmed.
The contract is concluded in French. Stripe sends the payment summary and invoice to the address provided by the customer. The customer must retain these documents and the accepted version of the Terms. SENDIX may request the information and files needed to customise the service or an ordered option.
5. Prices, taxes and charges
The Wisikard Advanced offer is available at a price of 99 euros, payable once. VAT not applicable under Article 293 B of the French General Tax Code. This price relates exclusively to the digital service described in Article 3.
Options are charged at the price displayed in the app before confirmation. SENDIX may change its prices for future orders; a change does not affect an order already paid for.
6. Payment and invoicing
Payment is due in full immediately, in euros, by bank card through Stripe. No performance begins before payment is confirmed. Full bank card details are processed by Stripe and are not held by SENDIX.
Stripe sends the invoice to the customer. The customer warrants the accuracy of their billing details. In the event of a declined payment, fraud or abusive payment dispute, SENDIX may suspend the account and recover outstanding amounts.
7. Availability and assistance
The account is accessible immediately after payment confirmation, subject to the customer completing registration. When the customer requests initial setup assistance and provides all necessary materials, SENDIX usually begins work within 48 to 72 business hours.
Assistance timeframes refer to response times and do not guarantee completion where a request depends on the customer or a third party, or involves particular difficulties.
8. Service duration and discontinuation of Wisikard
Access is granted without subscription and without a predetermined time limit, for as long as the Wisikard service is operated. It does not constitute a commitment to maintain the service in perpetuity.
If SENDIX decides to discontinue Wisikard, the customer will be informed by email. During the period stated in that notice, they may download their contact file in VCF format from their administration interface. Permanent discontinuation ends page hosting, without compensation other than that which may be required by mandatory law.
9. Availability, maintenance and backups
The OVH infrastructure used advertises a 99.9% service level. This commitment is the hosting provider's and does not constitute an independent availability guarantee by SENDIX. SENDIX maintains the application and undertakes to begin intervention within 24 hours of becoming aware of an incident attributable to the application, without guaranteeing resolution within that same period.
Scheduled or emergency maintenance may temporarily interrupt the service. Where possible, prior notice is displayed in the dashboard.
A technical backup is performed each month. This backup is a continuity measure and is not an individual archiving service or a guarantee that every change can be restored. The customer retains a copy of their important content.
10. Customer obligations and liability
The customer is solely responsible for the information, files, images, logos, links and other content published, including information about their employees. They warrant that they hold all necessary rights, authorisations, legal bases and consents, particularly regarding copyright, trademarks, image rights and data protection.
The customer shall refrain in particular from:
- any illegal, misleading, defamatory, hateful or violent content, or content infringing a third party's rights;
- identity theft, fraud, phishing or distribution of malware;
- pornographic or adult-only content, promotion of gambling or illegal activities, and promotion or sale of alcohol through the Kard;
- any attempt to compromise security, perform automated extraction or disrupt the service.
Professional content relating to health or politics is permitted under the customer's responsibility and in compliance with regulations applicable to their activity, particularly regarding advertising, public information and sensitive data.
The customer protects their login credentials and immediately reports any unauthorised use of their account.
11. Moderation, suspension and termination
SENDIX may review content reported or brought to its attention and immediately suspend a Kard in the event of manifestly unlawful content, infringement of a third party's rights, a security risk or a serious breach of these Terms. Except in emergencies or where legally required, the customer is invited to submit observations or correct the content.
For a remediable breach, SENDIX may terminate the service following a formal notice that remains unheeded for a reasonable period. A serious breach, fraud or manifestly unlawful content may justify immediate termination.
The customer may delete their page and account from their dashboard. This action deletes active data and renders the Kard, its link and its QR Code inoperative. Data that must be retained by law and residual backup copies are handled in accordance with the privacy policy.
12. Intellectual property
SENDIX retains ownership of the service, software, brand, templates and their components. Payment grants the customer a personal, non-exclusive, non-transferable right limited to their professional business needs for the duration of the service.
The customer retains their rights over their content and grants SENDIX, for the period necessary to provide the service, technical permission to host, reproduce, adapt it to the display format and communicate it to the public on their Kard.
13. SENDIX's liability
SENDIX is liable for direct and foreseeable losses resulting from a proven breach of its obligations. It is not liable for indirect losses such as loss of revenue, customers, reputation, opportunity or data, nor for consequences of customer content, a third-party service, misuse or an event beyond its control.
Except in cases of gross negligence, wilful misconduct, personal injury or other liability that cannot legally be limited, SENDIX's total liability for an order is capped at the amount actually paid by the customer for that order.
14. Force majeure
Neither party is liable for delay or non-performance resulting from an event of force majeure within the meaning of French law. The affected party shall inform the other as soon as possible. If the impediment continues and persistently deprives the contract of its purpose, either party may terminate it in respect of unperformed services.
15. Support
Support is available Monday to Friday, excluding French public holidays, exclusively by email at support@wisikard.fr. SENDIX responds as promptly as possible, depending on the nature and complexity of the request.
16. Personal data
Personal data processing relating to the website, orders and service is described in the privacy policy. Each party complies with its own obligations. The customer remains the controller of employee and contact data that they choose to publish or import into Wisikard.
17. Changes to the Terms
The Terms applicable to an order are those accepted on its date. SENDIX may amend them for the future to reflect legal, technical or commercial developments. A change substantially affecting an ongoing service is brought to the customer's attention by email or in the dashboard.
18. Governing law and jurisdiction
These Terms and orders are governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The parties shall first seek an amicable resolution. Failing agreement, any dispute between professionals falls within the exclusive jurisdiction of the courts in the Bar-le-Duc jurisdiction, including in cases involving multiple defendants or third-party proceedings, subject to any mandatory rule to the contrary.
19. Final provisions
If a clause is declared invalid, the remaining provisions continue to apply. Failure to exercise a right immediately does not constitute a waiver. Electronic exchanges, technical logs, Stripe confirmations and account data may be submitted as evidence, subject to proof to the contrary.