General Terms and Conditions — Kimoun
🇫🇷 Lire en français : Conditions Générales Kimoun — Tronc commun
English translation provided for convenience. This English version is provided as a courtesy and for ease of reading only. In case of any discrepancy, ambiguity, or contradiction between this English translation and the French version, the French version (« Conditions Générales Kimoun ») available at
/legals/cgv/conditions-generales/shall prevail as the sole legally binding reference text.
Usage note. Common trunk applicable to all Kimoun services, regardless of their type. To be supplemented by the Specific Terms corresponding to the nature of the engagement (consulting, print, domain names, etc.). To be reviewed by a lawyer or legal counsel before first use.
Article 1 — Identification of the Provider
These General Terms and Conditions (hereinafter “GTC”) are issued by:
Kimoun, a sole proprietorship whose head office is located at Route de Boisvin, 97160 Le Moule, Guadeloupe (France), registered with the French Trade and Companies Register under SIRET number 477 746 275 00031, APE code [APE code], represented by Olivier Watté in his capacity as founder.
Contact: oliver@kimoun.com — kimoun.com
Article 2 — Definitions
For the purposes of these GTC, the following definitions apply:
- Provider: Kimoun, as identified in Article 1.
- Client: any legal entity or individual enterprise ordering a Service from the Provider.
- Service: any operation performed by the Provider for the benefit of the Client, whether one-off or recurring, intellectual or material.
- Quote: commercial document specifying the price of the Service, setting out its essential characteristics, and triggering the formation of the contract upon signature by the Client.
- Specific Terms or “ST”: terms supplementing these GTC, specific to each type of activity (consulting and web services, print, domain names, hosting, training, etc.), attached to the Quote according to the nature of the Service.
- Contract Documents: the set comprising the Quote, the GTC, the applicable ST, and any annex (roadmap, NDA, methodology, etc.) expressly referenced in the Quote.
Article 3 — Acceptance and contractual structure
3.1 Acceptance
The Client’s signature on the Quote, together with the handwritten statement “Approved, including all annexes” and where applicable the Client’s stamp, constitutes full and unreserved acceptance of these GTC, of the applicable ST, and of any expressly referenced annex.
Any conflicting terms from the Client, in particular its general terms of purchase, shall be unenforceable against the Provider, unless expressly accepted in writing by the Provider.
3.2 Contractual structure
The Contract Documents form an indivisible whole.
3.3 Order of precedence
In case of contradiction between the Contract Documents, the order of precedence shall be as follows, in decreasing order of priority:
- The signed Quote and any amendments thereto
- The applicable Specific Terms
- These General Terms and Conditions
- The other annexes (roadmap, NDA, methodology, etc.)
This hierarchy applies between all documents, whether signed simultaneously or successively.
Article 4 — Confidentiality
The Provider undertakes to keep strictly confidential all information communicated by the Client in the context of the Service, whether explicitly identified as such or whose confidential nature is otherwise self-evident.
The Client reciprocally undertakes to keep confidential the methodologies, frameworks, tools, indices, know-how, and strategic elements proper to the Provider that may be communicated in the context of the Service.
This obligation of confidentiality remains in force for a period of three (3) years from the end of the Service.
A separate non-disclosure agreement (NDA) may be concluded prior to the Service when the nature of the exchanges so requires. Where a prior NDA exists, its provisions shall prevail over this Article if they offer a higher level of protection.
Article 5 — Personal data protection
5.1 Data relating to contract performance
In the context of the commercial relationship, the Provider processes the personal data of the Client’s representatives and collaborators (professional contact details, role, communications) for purposes strictly necessary to the formation and performance of the contract, to invoicing, and to compliance with applicable legal obligations. This data is retained for the duration of the contract, extended by the legal retention period for accounting records (10 years).
5.2 Data processed on behalf of the Client
Where, in the context of the Service, the Provider is required to process personal data on behalf of the Client, it acts as a processor within the meaning of Regulation (EU) 2016/679 (the “GDPR”), the Client retaining the role of controller.
The terms of such processing (nature of the data, purposes, duration, security measures, mutual obligations) are specified in a GDPR processing annex attached to the Quote where relevant. In the absence of a specific annex, the European Commission’s standard contractual clauses for processors are deemed applicable.
The Provider reserves the right to refuse any processing whose purpose would not comply with the GDPR or with applicable legal provisions.
5.3 Rights of data subjects
The Provider informs data subjects of their rights of access, rectification, erasure, restriction, portability, and objection, exercisable by email to oliver@kimoun.com.
Article 6 — Force majeure
Neither Party shall be held liable for non-performance or delay in performance of its obligations in the event of a force majeure event as defined in Article 1218 of the French Civil Code, including in particular: cyclone, flood, fire, earthquake, general strike, major failure of telecommunications or energy networks, governmental decision directly affecting the Service, epidemic, or pandemic.
The affected Party undertakes to inform the other as soon as possible. If the event persists beyond 30 days, either Party may terminate the contract by written notice, without compensation, and without prejudice to amounts remaining due for Services performed prior to the occurrence of the event.
Article 7 — Subcontracting
The Provider reserves the right to engage subcontractors for the performance of all or part of the Service, under its full and entire responsibility.
The Provider ensures that its subcontractors offer the necessary guarantees in terms of competence, confidentiality, and where applicable, personal data protection.
The Client is informed when a subcontractor intervenes directly in contact with the Client or accesses the Client’s data.
Article 8 — Assignment of contract
The contract is entered into intuitu personæ.
Neither Party may assign all or part of its rights or obligations under the contract without the prior written consent of the other Party, except in the case of assignment to a successor in the context of a merger, demerger, business transfer, or any other restructuring event. In such case, the other Party shall be informed as soon as possible.
Article 9 — Modification of the General Terms and Conditions
The Provider reserves the right to modify these GTC at any time. The version applicable to a given Service is the one in force on the date of signature of the corresponding Quote.
Any subsequent change to the GTC shall be brought to the attention of the Client by any written means (email, update of the website, mention in the next Quote) and shall become enforceable only for Services engaged after such notification.
Article 10 — No waiver
The fact that the Provider does not, at a given time, invoke any of the provisions of these GTC or of the applicable ST shall not be construed as a waiver of its right to invoke such provision at a later time.
Article 11 — Severability
If any of the provisions of these GTC or of the applicable ST is declared null, illegal, or unenforceable, such nullity shall not affect the validity of the other provisions, which shall remain fully applicable.
The Parties undertake to negotiate in good faith the replacement of the relevant provision with a valid stipulation producing an equivalent economic and legal effect.
Article 12 — Amicable resolution and competent jurisdiction
12.1 Preliminary amicable phase
The Parties undertake, prior to any contentious action, to attempt an amicable resolution of any dispute through a joint meeting formalised by a written record. This amicable phase shall not exceed 30 days from the notification of the dispute by one Party to the other.
12.2 Applicable law
These GTC, the applicable ST, and all Contract Documents are governed by French law.
12.3 Jurisdiction
Failing amicable resolution, any dispute relating to the interpretation or performance of the contract shall be subject to the exclusive jurisdiction of the courts of Pointe-à-Pitre, including in case of multiple defendants, third-party claims, or urgent proceedings.
Reminder. This English version is provided as a courtesy translation only. The French version of these General Terms and Conditions is the sole legally binding reference text. In case of any conflict between the two versions, the French version shall prevail.
Kimoun General Terms and Conditions version 1.01 — entered into force on 28 April 2026
Kimoun — Route de Boisvin, 97160 Le Moule — SIRET 477 746 275 00031 —
oliver@kimoun.com —
kimoun.com