Terms and Conditions of Sale

Purpose and Scope

These Terms and Conditions of Sale govern all sales of software (ERP, business management, etc.), licenses, development services, consulting, maintenance and technical support provided by CIRTASOFT SARL, a software publishing company based in Constantine, Algeria (hereinafter "the Provider").

They apply to any order confirmed by a customer (hereinafter "the Customer"), whether a natural or legal person, and prevail over any conflicting document from the Customer.

Acceptance and Contract Formation

Any order implies full and complete acceptance of these Terms and Conditions, available at cirtasoft.com/cgv. The contract is formed upon issuance of a signed purchase order or advance payment. The Provider confirms by email within 48 hours.

In the case of a specific quotation, its terms prevail without cancelling these Terms and Conditions.

Products and Services Offered

• Software: GestiumERP, GestiumPRO, Pharmacium, GPAO, etc., delivered as SaaS (cloud) or on-premise.
• Services: Customization, installation, training, optional 24/7 support.
• All tailored to Algerian industries (pharmacy, real estate, manufacturing).

Pricing, Invoicing and Payment

Prices, expressed in Algerian Dinars (DA) including all taxes and stated on the quotation, are subject to annual revision by the Provider in accordance with the inflation index. Payment: 100% upon order, balance upon delivery (bank transfer, cheque or card via SATIM).

In the event of late payment or non-payment (total or partial) of an instalment, noted 7 days after formal notice (registered email), the Provider immediately suspends access to services (licenses, support, updates) without prejudice to other remedies. The suspension remains in effect until full payment is received.

Delivery, Installation and Acceptance

Digital delivery (download link and license) within 5 business days after payment. On-site or remote installation and training (travel costs included).

Acceptance: 7-day trial period; written refusal required, otherwise deemed accepted. In case of delay: notification within 48 hours for extension.

License of Use and Intellectual Property

Non-exclusive, non-transferable license, for internal use only. Intellectual property remains with the Provider (OA/UNESCO copyright).

Strictly prohibited: reverse engineering, decompilation, sub-licensing. A compliance audit may be performed annually by the Provider.

Maintenance, Support and Updates

Annual contracts including: email/phone support (8:30 AM – 4:30 PM), free corrective updates, paid feature updates.

SLA: 95% cloud availability, response within 4 hours for critical incidents.

Warranties and Liability

Legal warranty: The Provider ensures a warranty of conformity in accordance with applicable Algerian legislation, for a period of one (1) year from delivery.

Performance: No warranty of performance, profitability, commercial results, or suitability for a specific need is provided, unless expressly stipulated otherwise in the contract.

Limitation of liability: The Provider shall not be held liable for any damage, whether direct or indirect, including but not limited to data loss, loss of business, loss of revenue, loss of profits, business interruption or any commercial or financial loss.

Force majeure: The Provider shall not be held liable in the event of force majeure or circumstances beyond its control preventing the normal performance of its obligations.

Data Protection and Confidentiality

Compliant with Algerian law 18-07 and GDPR (for EU transfers). The Provider hosts on ISO 27001 certified infrastructure with AES-256 encryption.

The Customer is responsible for their own backups. No data sales; retention period: 10 years post-contract.

Force Majeure and Transfer

Neither party shall be liable for unforeseeable events (war, pandemic, cyberattack, natural disaster).

Contract assignment: the Provider is free to assign; the Customer requires prior written consent from the Provider.

Applicable Law and Disputes

In the event of a dispute, the parties undertake to first seek an amicable resolution, particularly through mediation.
Failing an amicable agreement, the dispute shall be brought before the competent courts of Constantine.
It is further agreed that the parties may, by mutual consent, resort to arbitration proceedings before a lawyer or domain expert.

Amendments and Notifications

Any amendment to these Terms and Conditions shall be notified 30 days before its effective date by email and/or publication on the website. Contractual notifications shall be made by email or registered declaration.