Themes ninja is a service provided by ISM2D
The address and details of the registered office of the company are as follows:
Unit 1102, 11/F
29 Austin Road
Tsim Sha Tsui
Commercial Register Hong-Kong : n°1702325
Email : firstname.lastname@example.org
Confidentiality and privacy protection
La société ISM2D (Themes ninja) is committed to never disclose our customers information to anyone outside the company except at the express request of the court.
Provision of services
The provision of services concerned by these general terms and conditions of sale are as follow:
- Integrating software solutions
- Maintenance and development of implemented solutions
- Skills transfer
- And generally any intellectual service
Delivery and deadlines
Our company is committed to respect the delivery deadlines specified on the quote or the service agreement. However,
our company depends upon the active collaboration of its clients and can’t be held responsible for any delays in this
case. The date specified on the order form or the service agreement sets the closing date by which our company is
committed to deliver or perform the service promised.
Collaboration and client’s obligations
The client is committed to actively cooperate with our services. The client is specifically committed to provide, before
the deadline, all documents, details, information he has and are necessary to the completion of services herein.
clients certify having all the required authorizations and administrative declarations for the order. The client
specifically certifies having intellectual property rights and authorizations of third party, including for exploitation
of images, goods, etc.
Exemption from liability
On no account, our company could be held responsible for direct or indirect damages, material or immaterial, related to a
delivery delay or a non-compliance with the client needs.
Our company only bears responsibility for the non-respect of
its obligations and can’t be held responsible for any financial or business damages, or any other damages caused as part
of its services use, which it can’t be accountable for.
Should ISM2D be found responsible following the non-fulfilment
or breach of its obligations, the total compensation, by express agreement, could not exceed an amount equal to 50% of the
total amount of the service concerned.
Studies and projects
Unless otherwise described by the association to a suited license, projects, studies, plans/designs/ schemes, drawings or
any other documents, irrespective of their nature, produced by our company within a service, whether it has been negotiated
or not, fully remain the company property.
They can however be reproduced, forwarded to third parties, or performed for
any reasons by the client without having to request and obtain authorization from our company, but the client has to
systematically remind that it is ISM2D’s creation.
Every other document, irrespective of their nature, remain subject to
the rights conferred on them by the related license (software license, license for any other creation such as text
documents, images, etc.)
Orders made by our company are free of charge. They result in the delivery of a document whose property remains defined by
the article above. To be valid, each order must be subject to a confirmation in writing. The order will be done by sending
back the quote or the proposal duly signed and with the handwritten note « agreed and signed ». It’s also possible to carry
out the order by sending a client’s company headed document in which should be written: the nature of the service, the
quantity, the agreed price, payment terms (if they have been subject to negotiation, overruling the payment terms defined in
the contractual conditions), start and end date of service, as well as the service location/delivery if different from the
Any addition or change to the order would only bind our company if it has been agreed to in writing.
If, the client has turned away from his obligations (for example, failure or delay in payment), our company holds the
right of refusal on the sale, unless the client provides satisfactory guarantees or a payment at the time of the order.
Prices charged are the ones stated the day of the order on the basis of the circumstances of that day. Unless otherwise
specified in the preliminary offer, prices are valid for a maximum period of 30 days.
Due to its location, ISM2D
company doesn’t charge VAT to clients who are located outside Hong-Kong.
- Unless otherwise stated, a deposit, as defined by the law, of 50% of the total cost of the service provision will be collected at the time of the order.
- The balance due date is stated in the quote.
- The company reserves the right to require the full payment of the service provision at the time of order.
- Regardless the agreed method of payment is only regarded as having been made after ISM2D receives the actual money specified on the quote.
- In the event of a partial payment, it will be charged first and foremost on late fees, and then on payment deadlines by decreasing order of dates.
- In the event of non-payment, even partial at the due date, our company reserves the right to terminate the contract or suspend the performance of all our activities underway.
- Our plans have a contract of 6 months minimum. After this period you can cancel your subscription at any time.
- In case of missing payment: reminder emails will be sent to you.
- In case of late payment, we leave your website active for 2 weeks (or more as the case may be) before suspending your site.
- In case of non-payment and without news from you, the site will be permanently deleted after 12 months.
- A suspension causes your site to be paused before the contract is terminated. Termination of your subscription results in the deletion of your site and its content.
- Unless specific agreements, "Themes Ninja" remains the owner of the development.
- The database of your customers belongs to you and can be exported at any time from your space.
- Variation of rates: Our rates are based on that of the hosting of Google Firebase. In the case of changes to their rates, we will also adjust our rates. Information will be sent to you before it is implemented.
- Limit of use of Firebase as part of our plans:
- Authentication : 10 000/month
- Hosting GB stored : 10 GB
- Hosting GB transferred : 50 GB/month
- Realtime Database Simultaneous connections : 100 000
- Realtime Database GB stored : 2.5 GB
- Realtime Database GB downloaded : 20 GB/month
- If you exceed these limits, additional charges will be charged.
The parties expressly agree that all the debts and reciprocal debts owed to each other in respect of their commercial
relations are related in such a way that they Guarantee and compensate each other, even though the conditions required
by law for legal compensation are not all met.
Forfeiture of the terms
In the event of a non-payment or partial payment at the due date of an order, outstanding sums of this order or other
orders already completed or in process of being completed shall be immediately payable after formal notice.
Clause resolutory of sale
All orders are accepted in consideration of the client’s legal, financial and economic situation at the time of order.
As a result, if the client’s financial situation deteriorates between the date of order and the start date of the service
provision, our company holds the right to either request a payment before the start of the service provision or terminate
In the event of non-execution of any of these conditions, our company will send a formal notice sent by
registered letter to the debtor. If the debtor fails to perform his side of the contract within one month from the
dispatch date of the formal notice, the sale will be cancelled by rights.
The company’s guarantee obligation is excluded in the following cases:
- The reason for the malfunction is the result of the user misuse or negligence.
- The origin of the malfunction corresponds to a disclaimer on our part.
In order to invoke the benefit of this guarantee, the client must, within a month from the delivery date, declare and
describe in writing the malfunction he attributes to the provision of services, and provide every document to support
this claim. The guarantee of a service provision only concerns elements stated in the contractual elements and by no
means concerns any added elements that are not mentioned in writing.
In the event of a claim on a service of
immaterial nature, the specification remains the baseline that the two parties must refer to in order to assess if the
provision of services meets the specifics of the project. Only elements identified in this document will be regarded as
being our company’s obligations. Failing to provide the specification, the vendor’s obligations are strictly limited to
minimum consideration in regards of the identified services provision in the contractual elements. In this particular case,
the user may only invoke a lack of implementation of the services provision or of one of its main elements; minor elements
or those already incorporated are being regarded as perfectly completed.
This guarantee covers labor costs and more
generally works included in the guarantee obligation, these various actions don’t result in a prolongation of the duration
stated in the guarantee.
In express agreement, the responsibility of our company is strictly limited to the defined
obligations and is not bound to any compensation of any kind regarding hidden defect, immaterial damages, direct or indirect
prejudices which could lead to an alteration of the services provision and/or its consequences.
Any delays in the service provision due to any circumstances outside our company’s control, shall not entitle the client to
cancel the order. The company can’t be held responsible for any prejudice caused by this type delays.
The following events
are regarded as:
- Weather related disasters such as frost, snow or torrential rain.
- Fire, flood or explosion for any reason whatsoever.
- Social movements which might affect one or the other party or the sub-contractors involved in one of the stages of the service provision.
- Diseases affecting one or more implementers of the service provision.
Our services will inform the client in due course in the event of situations as listed above.
As a services provider our company, for all the services provided, is subject to an obligation of means with the explicit exclusions
of any obligation of result.
Our services and our employees are committed to treat as confidential using professional secrecy to
which they are bound, all information of any kind particularly regarding the client’s business, such as its organization and its
When our company performs a task Involving creative work as described in the Intellectual property code, copyright arising
from this creation are ruled by default by the Creative Commons BY-SA license.
Unless there is a special convention of exclusivity,
our company can use again any creations conceived by our services.
To ensure our company optimally fulfills its commitments, the client can’t criticize IM2D for using sub-contracting, our company
remaining the only interlocutor and responsible for the project. Sub-contractors are bound to comply with rules of confidentiality
dictated by the client.