SSW Terms and Conditions

Thank you for choosing SSW. Please print, complete and sign our general terms and conditions, then email them to us.

Standards Rates (€ HT)

Resources	Standard Rates		Prepaid Rates
Resources	Hourly	Daily	Hourly	Daily
Chief Architect	130.00 €	975.00 €	120.00 €	900.00 €
Solution Architect	120.00 €	900.00 €	110.00 €	825.00 €
Senior Software Engineer	110.00 €	825.00 €	100.00 €	750.00 €
Software Engineer	100.00 €	750.00 €	90.00 €	675.00 €
Software Developer	90.00 €	675.00 €	80.00 €	600.00 €
Associate Software Developer	80.00 €	600.00 €	70.00 €	525.00 €
Low-Code/Power Platform Architect	100.00 €	750.00 €	90.00 €	675.00 €
Low-Code/Power Platform Senior Developer	90.00 €	675.00 €	80.00 €	600.00 €
Senior System Administrator	110.00 €	825.00 €	100.00 €	750.00 €
System Administrator	100.00 €	750.00 €	90.00 €	675.00 €
Senior UI/UX Designer	100.00 €	750.00 €	90.00 €	675.00 €

1. General

1.1 These terms and conditions (hereinafter referred to as “T&Cs”) apply to all sales of products, equipment, and services marketed by SSW EU. Consequently, placing an order implies full acceptance of these T&Cs, regardless of any clauses appearing on the Customer’s documents. Any deviation stated in the order shall only be considered valid if confirmed in writing by SSW EU.

1.2 SSW EU may transfer any contractual rights and obligations under these T&Cs to a third party.

1.3 Information contained in rate cards, notices, and similar documents is provided for information purposes only. SSW EU may amend such information at any time, without notice, due to technical developments or economic conditions.

1.4 Microsoft Partner of Record (DPOR/CPOR)
Customer agrees that SSW EU may be nominated as its Microsoft Partner of Record (including CPOR/DPOR, as applicable) for relevant Microsoft services (e.g., Azure, Microsoft 365). Customer authorises SSW EU to update the Partner ID accordingly. This nomination may remain in place during the term of the engagement and for twelve (12) months after termination.

1.5 Use of AI Technologies
Customer authorises SSW EU to use third-party AI technologies (including, without limitation, GitHub Copilot, Azure AI, or similar) as SSW EU deems appropriate. Customer may notify SSW EU in writing of any specific AI tool that it prefers not be used.

1.6 Team Composition
SSW EU generally performs services in teams composed of two to three people (for example, a Solution Architect plus a Senior Developer and/or a Scrum Master), according to project needs.

2. Orders

2.1 Requests for work (hereinafter “Orders”) may be addressed to SSW EU in writing (by post or e-mail) or verbally. Any Order placed with SSW EU is deemed to be made by a person authorized to bind the Customer. If the Customer appoints a third-party project manager, that person shall be deemed to act in the name and on behalf of the Customer and validly commit the Customer.

2.2 Any Order with SSW EU is subject to an acknowledgment of receipt issued by SSW EU and sent to the Customer by e-mail.

2.3 Any modification to an Order requested by the Customer must be expressly accepted by SSW EU. Prices and deadlines will be adjusted accordingly if necessary.

2.4 If the Customer refuses the payment terms set out in these T&Cs or in any special conditions proposed by SSW EU, SSW EU may refuse to accept any subsequent Orders or deliver any equipment/services concerned. The Customer shall not claim this constitutes an unjustified refusal to sell or claim any compensation.

2.5 If the Customer places a new Order without having paid outstanding invoices, SSW EU may refuse the Order or delivery of the equipment/services concerned, without the Customer being entitled to compensation.

2.6 SSW EU shall be entitled to suspend the execution of an Order in the event of force majeure, natural disaster, or any unforeseeable event not attributable to SSW EU.

2.7 SSW EU may freely subcontract all or part of an Order to any subcontractor of its choice, including but not limited to Superior Software for Windows Pty Limited ACN 069 371 900 (a company incorporated in the Commonwealth of Australia) (“SSW Australia”).

3. Studies and Specifications

All studies and documents of any kind provided by SSW EU remain its sole property. Documents, software, and information subject to intellectual property rights may not be communicated or used without the express permission of SSW EU. They must be returned upon first request.

4. Rates

4.1 Hourly Rate Work

Unless otherwise agreed in writing, the Customer authorises SSW EU to perform work at an hourly rate. SSW EU may provide an estimate of the time required, but such estimates are non-binding, and all hours worked will be billed at the rate set by SSW EU or otherwise agreed.
SSW EU reserves the right not to provide estimates for work expected to be under 24 (twenty-four) billing hours.
The minimum charge for on-site work is 4 (four) hours per resource (= an SSW EU consultant).
The minimum charge for off-site work is 1 (one) hour per resource per request during business hours, and 2 (two) hours per resource per request outside business hours.
SSW EU reserves the right to rotate resources on projects at least every 6 (six) months to promote knowledge transfer and avoid burnout.
Any full-day booking cancelled less than 4 (four) working hours before the scheduled start will incur a minimum charge of 8 (eight) hours per resource booked.

4.2 Prepaid Work

SSW EU may offer a prepaid rate per 37.5 (thirty-seven and a half) hour block. Prepaid rates take effect on the day payment is received. Standard rates apply if prepayment is not made prior to work commencing, or if subsequent prepaid invoices are not paid before the previous block is exhausted.
We recommend processing payment within 24 hours of receiving a new invoice to ensure the prepaid discount is maintained.
Unused prepaid credit expires 12 months from the invoice date. No refunds will be issued for unused credit.

4.3 Expenses / Fees

At the Customer’s request, or when required for the work, SSW EU consultants may travel to sites considered safe and reachable within a reasonable timeframe.
The Customer shall bear transport, accommodation (minimum €150 excl. VAT per night per person), and meals (minimum €60 excl. VAT per day per person), invoiced on the basis of supporting documents.
Travel time during working hours is billable at the hourly rate. It is calculated as the round-trip travel time between SSW EU’s offices and the destination.
SSW EU reserves the right to refuse travel at its discretion.
If flights or other expenses are booked by SSW EU, a 20% administration fee will be applied.

4.4 Miscellaneous

All prices are exclusive of taxes and must be increased by VAT at the applicable rate.
Invoice disputes are admissible only within 24 hours of receipt. After this period, invoices are deemed accepted in full. Disputes must be notified by registered letter with acknowledgment of receipt.
Late payment: Any unpaid amount will incur penalties at a rate equal to three times the legal interest rate, automatically payable without prior notice from the day after the due date. In addition, under Article L. D 441-5 of the French Commercial Code, a flat-rate recovery charge of €40 will be automatically due.
If debt recovery requires a bailiff, collection agency, or legal proceedings, the Customer shall also pay lump-sum damages equal to 15% of all sums due (minimum €1,000), in addition to legal costs.
Invoices may be issued in foreign currency at SSW EU’s discretion, but will be based on the exchange rate published on www.xe.com at the invoice date. The Customer shall bear all foreign exchange and international transfer fees.
Payments are accepted by bank transfer only.
Unless otherwise specified, invoices are payable within 7 (seven) days of receipt.

5. Delivery / Completion Times

5.1 Delivery times stated in the order acknowledgment are indicative only. Deadlines are agreed by mutual consent based on the Customer’s constraints and lead times at the date of the Order. Any failure to pay amounts due will suspend delivery. No delay or partial delivery shall justify cancellation of the Order or give rise to penalties or damages.

5.2 Transport costs for equipment to the installation site shall be borne by the Customer and invoiced accordingly.

5.3 Each delivery will be accompanied by a delivery note. After verifying conformity with the Order, the Customer must return the signed, dated, and stamped delivery note to SSW EU.

6. Returns

Complaints regarding delivered materials must be submitted in writing within 7 (seven) days of delivery.
No returns will be accepted without SSW EU’s prior written authorization. Returns shall be at the Customer’s expense and risk.

6.1 Mobile Testing Devices

For mobile development or testing, SSW EU generally provides one recent Android device and one recent iOS device per team. The Customer is responsible for supplying and ensuring the technical compatibility of any additional devices required.

7. Testing

The Customer is responsible for ensuring proper testing of the software. The Customer agrees that before a version is submitted for review, SSW EU may:

Perform automated tests using SSW Link Auditor (for web applications);
Perform automated unit tests;
Perform an internal “Test Request” (also referred to as “Alpha Testing,” e.g., loading pages or forms without validating business rules).

Once SSW EU has sent a “Test Request” email, the Customer agrees to promptly carry out user acceptance testing, verify functionality, and provide feedback within five (5) business days.

SSW EU is not obliged to begin development of a new version until the Customer has approved the current version.

7.1 Customer Warranty on Data De-Identification

If Customer provides any data sets for use by SSW EU (e.g., for testing purposes), Customer warrants that any personal data has been de-identified in accordance with applicable data protection laws prior to provision.

8. Fixed-Price Work

SSW EU may agree to perform certain work for a fixed price in accordance with an agreed specification. In this event, the specifications are fixed. Any additional or unspecified work will be billable at SSW EU’s hourly rate.
Payment schedule: 50% deposit before commencement; 25% on delivery for User Acceptance Testing (i.e., when a “Test Request” email is sent); 25% before the earlier of: (i) release to Production; (ii) commencement of another component; or (iii) 30 days after the “Test Request” email.

Fixed-price work is only conducted in Development and/or Staging environments. Any incomplete work not expressly accepted before Production is deemed waived by the Customer.

The following are excluded from fixed-price agreements: on-site work and meetings, specification/scoping (including generation of further estimates), manual production deployment, 3rd-party component integration or configuration, data migration, network infrastructure or hardware services, graphic design including mockups. Development and testing are carried out in an environment with default configuration.

9. Requests for Work

Work requested by the Customer (including its employees or representatives), in written, electronic, or verbal form, is authorized by the Customer. The Customer may designate a “Product Owner” by written notice. Once designated, the Product Owner has sole authority to request billable work, and any request where the Product Owner is CC’d shall be deemed authorized.

10. Warranty

No warranty applies to hourly work, including bug fixing. SSW EU and its suppliers disclaim all other warranties, express or implied.

A limited 5 business day warranty begins upon delivery of any fixed-price component on Staging (not Production). If the component enters Production before the expiry of 5 business days, the warranty ceases. A software bug is covered only if:

The application crashes due to code (excluding bugs from 3rd-party products);
The application displays data inconsistent with specified business rules;
The application is missing functionality specified in the agreed specification;
The page design/layout is substantially inconsistent with agreed mockups;
and the issue is reproducible on the test server, the application is not “live,” and the issue is reported within the warranty period.

The Customer must provide sufficient evidence that the defect falls within the warranty conditions. Work carried out during the warranty period shall not be construed as an admission by SSW EU that the work is under warranty.

“Business Day” means any day except public holidays in France or a Saturday/Sunday.

11. Non-Solicitation

The Customer, its associated entities, subcontractors, employees, or any entity with which it has directed SSW EU to deal, shall not employ or approach for employment any SSW EU employee or ex-employee during the term and for six (6) months thereafter.

If breached, the Customer shall pay SSW EU liquidated damages equal to 29% of the total annual remuneration package paid to the solicited employee, payable within 14 days of discovery. If evidence of actual remuneration is unavailable, it shall be deemed 125% of the employee’s last known remuneration. This amount is agreed as a genuine pre-estimate of damages, taking into account recruitment and training costs.

12. Training & Documentation

Training is billed per half-day or full-day session.
No documentation will be provided unless specifically requested by the Customer.
All personalized documentation (additions, deletions, modifications) will be available in the Customer Area.
Any additional documentation requests not originally agreed will be invoiced according to a prior estimate.

13. Termination – End of Contract

13.1 Termination by SSW EU

If the Customer fails to comply with its obligations under these T&Cs or any related contract, SSW EU may, at its discretion, either suspend performance of its obligations or terminate all or part of the contractual relationship. In such case, all outstanding sums owed to SSW EU shall become immediately payable.

SSW EU may terminate any fixed-price Order at any time without notice. In such case, SSW EU will invoice pro rata for work performed.

SSW EU may terminate any prepaid Block without notice. In such case, the Customer will be refunded for unused hours in proportion to the purchase value of the Block.

SSW EU may terminate any current service agreement (including hosting or database updates) with thirty (30) days’ notice. In such case, prepaid but unperformed services will be refunded pro rata based on the percentage of the project completed.

13.2 Termination by the Customer

If the Customer cancels hourly-rate services during performance, SSW EU will invoice all hours already performed.
Any full-day booking cancelled less than 4 (four) working hours before the scheduled intervention will be charged at 8 (eight) hours per resource booked.
Any full-day booking involving travel and accommodation cancelled less than 48 (forty-eight) hours before the intervention will be charged at 8 (eight) hours per resource booked.
If the Customer cancels hourly-rate services, prepaid work will not be refunded, although unused hours may be used at a later date.
If the Customer cancels a fixed-price project, the initial 50% deposit is non-refundable. Any overtime worked will be invoiced proportionally based on the work completed at the date of cancellation.

13.3 Suspension of Work and Withholding Deliverables for Non-Payment

SSW EU may suspend performance of its obligations, including withholding delivery of work or source code, if invoices are not paid by the due date. Suspension may continue until overdue payment is made, without prejudice to SSW EU’s right to terminate or recover costs.

14. Transfer of Ownership and Risk

Pursuant to Law 80-335 of 12 May 1980, SSW EU retains ownership of hardware, software, and services sold until full payment of the agreed price.

In the event of non-payment, SSW EU may demand return of such items at any time, and the Customer agrees to make them available immediately.

Risk of loss, theft, or damage transfers to the Customer upon delivery/receipt.

15. Intellectual Property

Copyright in software developed by SSW EU under the Order, other than Retained Software, transfers to the Customer upon acceptance.
“Retained Software” includes any generic software, tools, or templates developed or used by SSW EU during the engagement. All intellectual property rights in Retained Software remain with SSW EU.

SSW EU grants the Customer a non-exclusive, transferable, perpetual license to use, deploy, and modify the software (including Retained Software) within the Customer’s group of companies for internal purposes only.

SSW EU reserves the right to use any tools, skills, or programming techniques acquired during the engagement in future work for third parties.

16. Credits – References

16.1 For web development projects, the Customer agrees that:
a) SSW EU will be permanently credited on the site (including after modifications) as developer. Unless otherwise agreed in writing, the credit will state “Developed by SSW EU” with a permanent link to eu.ssw.com, displayed on each page in a relevant location.
b) SSW EU may claim credit in its promotional materials.
c) The Customer will remove the credit within 24 hours of any written request from SSW EU.

16.2 The Customer authorises SSW EU to use the project as a commercial reference, including use of the Customer’s name and logo, and to publish a case study describing the services performed.

17. Data Protection

SSW EU undertakes to implement technical and organizational measures to maintain the integrity, security, and confidentiality of Customer data, in compliance with applicable data protection laws. Specifically, SSW EU shall:

Use personal data solely for performance of contractual obligations;
Not assign or disclose personal data to third parties;
Not retain data longer than necessary;
Implement recovery measures to restore access in case of incident;
Copy documents containing personal data only when necessary for service performance, and ensure their return or destruction at contract end;
Ensure authorized staff are bound by confidentiality obligations and trained in data protection.

The Customer has rights of access, rectification, erasure, restriction, withdrawal of consent, and digital erasure under applicable law.
To exercise these rights, the Customer must write to SSW EU, attaching a copy of ID, at:
SSW EU – 19A rue du fossé des Treize – 67000 Strasbourg – info@ssw.fr

The Data Protection Officer may be contacted at the same address.

18. Severability

Invalidity of one or more clauses of these T&Cs shall not affect the validity of the remaining provisions. If execution of a clause becomes impossible, the parties will attempt to replace it with a new clause as close as possible in spirit and intent.

19. Business Hours

Monday to Friday, 09:00 to 18:00 CET.

20. Notifications

Any communication between the parties shall be deemed valid if made by e-mail or by registered or standard mail with acknowledgment of receipt to the registered office of either party.

21. Governing Law and Jurisdiction

Any dispute not resolved amicably relating to the validity, interpretation, execution, or termination of these T&Cs shall be submitted to the Commercial Chamber of the Strasbourg Judicial Court.

French law shall govern the relationship between SSW EU and the Customer.