Terms of Sale

Last updated: 10 October 2026

These Terms of Sale (the “Terms of Sale”) govern the sale of the SwyftSite service by VBCREATION PTE. LTD. (“VBCreation”, “we”) to its business customer (the “Customer”). They supplement our Terms of Service, which govern access to the account and customer area, and do not replace them.

Summary

• 1. Purpose and scope
• 2. Seller identification
• 3. Description of the service
• 4. Orders and formation of the contract
• 5. Prices
• 6. Payment, late payment and suspension
• 7. Go-live time
• 8. Changes and site maintenance
• 9. Customer obligations
• 10. Withdrawal granted as a commercial goodwill policy
• 11. Term, renewal and termination
• 12. Site, domain name and content on termination
• 13. Purchase of the site
• 14. Availability and force majeure
• 15. Warranties and liability
• 16. Personal data
• 17. Relationship with the Terms of Service and order of precedence
• 18. Governing law and jurisdiction
• 19. Language
• 20. Contact

1. Purpose and scope

These Terms of Sale set out the conditions under which VBCREATION PTE. LTD. offers the business Customer two options: a subscription for the redesign and ongoing management of their site or the purchase of that site under clause 13. They apply to every order placed via swyftsite.com or the customer area, to the exclusion of any other terms.

Placing an order constitutes full acceptance of these Terms of Sale in the version in force on the date of the order. The Customer contracts for the purposes of their business and confirms that they have the legal capacity to contract on behalf of the entity they represent. The subscription includes the services defined in clause 3; the purchase includes only the items and services defined in clause 13, without provision of a domain name or a go-live service, and without hosting for a direct purchase. For a subscriber who purchases, temporary hosting follows clause 12.

2. Seller identification

The service is sold by VBCREATION PTE. LTD., a private company limited by shares incorporated in Singapore (UEN 202620906D), registered on 11 May 2026 with the Accounting and Corporate Regulatory Authority (ACRA), Singapore, with registered office at 160 Robinson Road #14-04, Singapore Business Federation Center, Singapore 068914.

Director and sole shareholder: Christophe Jean-Jacques Champion. Editor-in-chief: VBCREATION PTE. LTD., represented by Christophe Jean-Jacques Champion. Full publisher details are set out in our Legal notice.

3. Description of the service

SwyftSite is a service performed by VBCreation on behalf of the Customer; the Customer does not build the site themselves. For a purchase of the site, only the items and services set out in clause 13 are included. For a subscription, the service includes the items below according to the chosen plan:

• the redesign of the Customer's business website, designed from scratch by us using the information, content and brand assets the Customer provides;
• publication of the redesigned site, carrying over the Customer's existing domain name where they hold one;
• hosting of the site for the whole subscription term;
• ongoing management: technical updates, fixes, and content changes requested by the Customer under the conditions of clause 8;
• support by email.

The exact scope — number of sections, included modules (booking, gallery), search-engine optimisation work, multilingual support — depends on the plan subscribed. It is described on the public pricing page at the time of the order, which forms part of the contract.

The service is intended exclusively for business customers acting in the course of their business. VBCreation grants every Customer the contractual right of withdrawal described in clause 10 as a commercial goodwill policy, regardless of workforce size and without prejudice to applicable mandatory rights.

The tools VBCreation uses internally to identify and contact prospects are not part of the service sold and are not made available to the Customer in any form.

4. Orders and formation of the contract

The redesign preview offered on swyftsite.com is free and without commitment: it is neither an order nor a binding offer, and creates no obligation to subscribe.

The contract is formed when the Customer has chosen their plan and offer, confirmed their order, accepted these Terms of Sale and obtained payment authorisation from the payment provider: the first instalment and any set-up fee for a subscription; the full price for a purchase. VBCreation confirms the order by e-mail. The start of service periods remains subject to the conditions in clauses 7 and 13.

VBCreation may decline an order on legitimate grounds, including inaccurate identification details, an unresolved prior payment dispute, or an activity whose promotion would be unlawful or contrary to our commitments.

5. Prices

Subscription set-up in EUR: €290 excl. VAT, one-off.
Subscription set-up in GBP: £249, one-off
excl. VAT – no UK VAT is charged by us.
Waived with the 12-month commitment chosen at checkout.

The fixed subscription and purchase prices are set out in the table above. Prices are expressed in pounds sterling (GBP) where the Customer's establishment is located in the United Kingdom, and in euros (EUR) in all other cases. The applicable currency and amount are shown before payment and repeated in the order confirmation. These are separate price lists; they do not result from automatic currency conversion at checkout.

For the subscription, the set-up fee is charged once at sign-up. Where the Customer's establishment is located in the United Kingdom:
Set-up: £249
excl. VAT – no UK VAT is charged by us.
In all other cases, the set-up fee is €290 excl. VAT. It is waived if the Customer chooses the twelve (12) month commitment offered at checkout. Without that commitment, there is no minimum subscription term and the set-up fee remains payable.

The purchase is a one-off payment at the fixed price of the chosen plan. It has no monthly subscription charge or subscription set-up fee. Additional services require a written quotation accepted by the Customer before work begins. A photo shoot and premium copywriting are not part of the offer.

Prices exclude tax. VBCreation, established in Singapore, does not charge VAT or GST to Customers established outside Singapore. A business Customer established in the EU or the United Kingdom accounts for the tax due in their country under the reverse charge mechanism. No VAT amount is charged by VBCreation in this context. The Customer is responsible for the accuracy of their business and tax details and must promptly notify any change.

Adjustments. If the information supplied is inaccurate or incomplete, or a competent authority requires different tax treatment, the parties will cooperate to regularise the position in accordance with applicable rules. VBCreation will inform the Customer in writing of the reason, basis and supporting evidence for any necessary adjustment; billing documents will be corrected where required. This clause creates no fixed penalty, automatic increase in the agreed price or transfer to the Customer of an obligation imposed exclusively on VBCreation by law.

Any change to subscription pricing is notified in writing at least thirty (30) days in advance and takes effect from the next billing period. A Customer who rejects the new price may terminate before it takes effect under clause 11. The price of a subscription with a twelve (12) month commitment is guaranteed throughout that commitment. The price of a purchase already ordered is not changed retrospectively.

6. Payment, late payment and suspension

The subscription is payable in advance, by automatic charge to the payment method registered by the Customer, on the anniversary date of the subscription. The set-up fee is due on subscription.

For a purchase of the site, the full price is payable in one payment when ordering. No monthly subscription charge is created by that purchase. For an existing subscriber: The subscription ends at the end of the monthly period already paid for; this date is the termination date for the fifteen (15) day periods in clause 12. Subscription charges stop on that date, without a pro-rata refund. Sums already paid for the paid period remain non-refundable. The site remains hosted and online with VBCreation, free of charge, until thirty (30) days after initial delivery of the package. During temporary hosting, the site remains online as it stands; maintenance, content changes and support under clause 8 are no longer due. The purchase replaces the twelve (12) month commitment: no portion of the set-up fee or remaining monthly charges is due under that commitment. Monthly charges already paid are not deducted from the purchase price. At the end of temporary hosting, the Customer arranges hosting and go-live with their chosen provider. A direct purchase includes no hosting.

Payments are processed by third-party payment service providers. Card details and payment instruments are handled directly by those providers and are not stored on our servers. The list of providers and the related processing are set out in our Privacy notice.

Invoices are issued electronically and made available in the customer area. The Customer accepts this method of invoicing.

If a charge fails or payment is not made when due, VBCreation sends the Customer a written reminder. If the position is not regularised within fifteen (15) days of that reminder, VBCreation may suspend the service, including publication of the site, until all sums due are paid in full, and may then terminate the contract under clause 11. No suspension occurs without a prior written reminder.

In accordance with the mandatory rules applicable to commercial transactions in the European Union, any sum unpaid when due bears interest as of right at the statutory late-payment rate, together with the fixed recovery-cost compensation where the applicable law provides for it.

7. Go-live time

This clause applies to the subscription. For a purchase of the site, the delivery period is set out in clause 13.

VBCreation undertakes to put the redesigned site online within no more than five (5) French business days. This period starts on the later of the following two dates:

• confirmation of the subscription: the order is confirmed and the first payment is authorised in accordance with clause 4;
• receipt of everything required for the complete dossier: the Customer has provided us with all the items required under clause 9, together with the technical access and authorisations required where an existing domain name is to be carried over.

Where performance is deferred under the conditions set out in clause 10, the period cannot start before the date on which performance may begin.

For the purposes of this period, French business days are Monday to Friday, excluding the eleven French national public holidays: 1 January, Easter Monday, 1 May, 8 May, Ascension Day, Whit Monday, 14 July, 15 August, 1 November, 11 November and 25 December. Local public holidays, including Good Friday and 26 December in Alsace-Moselle, are not added to this list. A public holiday falling on a Saturday or Sunday is not carried over. Dates and times are determined in the Europe/Paris time zone, and the deadline is 6pm Paris time.

Items may be submitted at any time. The day on which the last prerequisite is met is the start date and is not counted as one of the five business days. The first day counted is the first business day following that date; the site must go live no later than 6pm on the fifth business day counted. For example, where the prerequisites are met at 7pm on a Friday, the following Monday is the first day counted and the following Friday is the deadline, moved back by one business day for each public holiday falling within that period. No seasonal closure or bridge day is deducted from this period.

VBCreation checks the dossier and each supplementary submission no later than 6pm on the first business day following its date of receipt. If the dossier is complete, its date of receipt, rather than the date of the check, is used to determine the start date. If any required items are missing, VBCreation provides the Customer with a precise list of them within the same period. The date of receipt of the complete dossier is then the date on which the last required item is received. The go-live deadline is confirmed in the customer area and by e-mail once the prerequisites have been verified.

After the period has started, it is suspended only for the duration of a necessary wait for an item or approval for which the Customer is responsible, of which VBCreation informs the Customer without delay. VBCreation tells the Customer the reason for the wait, the action required and, when the period resumes, the revised deadline. A suspension preserves the time remaining; it does not start a new five-business-day period. The time required for our checks and internal organisation is not a ground for suspension.

If the site does not go live within the five (5) business-day period, taking into account only the suspensions and exclusions provided for in this clause, for a reason attributable to VBCreation, the Customer may, after written notice that remains without effect for seven (7) days, terminate the contract free of charge and obtain a full refund of all sums paid, including the set-up fee.

Carrying over an existing domain name may involve propagation or transfer delays specific to the Customer's registrar and outside VBCreation's control; only the periods during which those operations actually prevent the site from going live are excluded from the five (5) business-day period. VBCreation informs the Customer of their impact and continues any work that can be carried out. Where the site is ready and only this wait prevents it from going live, VBCreation performs the switch no later than 6pm on the first business day following confirmation that the domain settings are correct. In all other cases, the remaining period resumes without being reset.

8. Changes and site maintenance

Throughout the subscription term, VBCreation provides technical maintenance of the site (updates, security patches, hosting availability) and handles the Customer's content-change requests — text, photographs, opening hours, contact details, displayed prices — within a reasonable time of receiving the complete materials.

The following are excluded from the flat fee and are subject to a prior quotation accepted by the Customer: full graphic redesign, adding sections or modules not included in the plan subscribed, bespoke development, and integrations with third-party services not provided for in the order. The Customer may change plan at any time; the change takes effect from the following billing period.

9. Customer obligations

The Customer undertakes to:

• provide the items needed for the redesign — business name and contact details, description of the activity, opening hours, text, photographs, logo and brand assets — together with, where applicable, the access required to carry over the existing domain name;
• warrant that they hold all necessary rights in the materials provided, in particular intellectual property rights in the text, photographs and logos, and the consent of any identifiable individuals depicted;
• warrant the accuracy of the information published on their site, in particular the legal and regulatory statements specific to their activity (prices, allergens, licences, compulsory insurance);
• respond to VBCreation's approval requests within a reasonable time, and keep their payment method and billing details up to date;
• refrain from requesting the publication of unlawful, infringing, defamatory, misleading or otherwise objectionable content.

The Customer indemnifies VBCreation against any third-party claim based on the materials they supplied or on the information they asked us to publish.

10. Withdrawal granted as a commercial goodwill policy

The service is reserved for business customers. As a commercial goodwill policy, VBCreation grants every Customer a contractual right of withdrawal by default under this clause, regardless of workforce size or main business activity. This goodwill policy does not limit any mandatory right available to the Customer.

The Customer has fourteen (14) days from conclusion of the contract to withdraw without giving reasons and without penalty, subject to the consequences of early performance expressly requested under the conditions below. They exercise this right by sending an unambiguous statement to contact@vbcreation.io.

Subscription — early performance.

Early performance and waiver. At the Customer's express request, collected at the time of the order, performance of the service may begin before the end of the withdrawal period to enable the site to go live within the five (5) business-day period defined in clause 7. The start of the go-live period remains subject to the conditions in clause 7. By making this request, the Customer:

• expressly requests that performance of the service begin before the end of the withdrawal period;
• acknowledges that, if they subsequently withdraw, they remain liable for an amount proportionate to what has been supplied up to the point they communicated their decision — namely, where the site has gone live, the set-up fee and a pro-rata share of the current month;
• acknowledges that they lose the right of withdrawal once the service has been fully performed, that is, once the redesigned site has gone live and been accepted by them.

A Customer who wishes performance to begin only after the withdrawal period has expired may request this; the five (5) business-day go-live period defined in clause 7 then starts on the latest of the following dates: expiry of the withdrawal period, confirmation of payment and receipt of all the required items. It is calculated in accordance with the rules in clause 7.

Purchase of the site — early performance.

At the Customer's express request, collected at the time of the order, preparation of the package may begin before the end of the withdrawal period. Delivery remains subject to the conditions and period in clause 13. By making this request, the Customer:

• expressly requests that performance of the service begin before the end of the withdrawal period;
• acknowledges that, if they subsequently withdraw, they remain liable for an amount proportionate to the work actually supplied up to the point they communicated their decision, calculated by reference to the total purchase price and without any subscription set-up fee or monthly charge;
• acknowledges that they lose the right of withdrawal once the purchase service has been fully performed, that is, once the site package has been delivered, the agreed conformity corrections completed and the package expressly accepted by them under clause 13.

Acceptance is express and follows the acceptance procedure in clause 13; providing the link alone or the Customer's silence does not constitute acceptance. This procedure does not extend the fourteen (14) day withdrawal period. The Customer may request deferred performance: the delivery period cannot then start before the withdrawal period has expired and remains subject to full payment and receipt of all necessary items under clause 13.

Deferral and refunds — common provisions.

To request a deferred start, the Customer must not proceed with payment and must email contact@vbcreation.io: VBCreation will explain how to order with a deferred start. Not requesting early performance does not waive the commercial goodwill right of withdrawal.

On withdrawal, VBCreation refunds the sums paid, less the proportionate amount provided for the relevant offer, within fourteen (14) days of the Customer communicating their decision, using the same payment method as for the order. If performance has not begun at the Customer's express request, all sums paid are refunded. For a purchase, any deduction is supported by the work actually supplied up to the point they communicated their decision, proportionate to the agreed total price, and cannot exceed that price.

11. Term, renewal and termination

The subscription is entered into with no minimum term, unless the Customer takes a twelve (12) month commitment entitling them to a waiver of the set-up fee. It renews automatically for successive periods equal to the period subscribed. At the end of the twelve (12) month commitment, the subscription continues on a monthly basis, with no new commitment and no exit indemnity. The Customer may then terminate at any time, effective at the end of the paid month.

The Customer may terminate at any time from the customer area or in writing to contact@vbcreation.io. Termination takes effect at the end of the current paid period; sums already paid for that period are non-refundable.

In the event of early termination for convenience of a subscription with a twelve (12) month commitment, termination takes effect at the end of the monthly period already paid for and subsequent monthly charges cease to be due. In consideration of the set-up initially waived, the Customer owes an indemnity equal to the amount of that set-up fee — €290 excl. VAT, or £249 excl. VAT where the Customer's establishment is located in the United Kingdom — multiplied by the number of whole months remaining until the end of the commitment, divided by twelve (12), rounded up to the nearest cent and capped at that amount. This indemnity is not due where termination results from a breach by VBCreation, the exercise of a statutory right or another case of termination free of charge provided for in these Terms of Sale.

VBCreation may terminate the contract in the event of (i) a material breach by the Customer not remedied within fifteen (15) days of written notice, (ii) persistent non-payment within the meaning of clause 6, (iii) use creating a legal, security or reputational risk, or (iv) an order of a competent authority. VBCreation may also terminate for convenience on three (3) months' written notice, refunding pro rata any sums received in advance.

12. Site, domain name and content on termination

Domain name. The Customer's domain name remains their property throughout the contract and after it ends. On termination, VBCreation returns to the Customer, on request and free of charge, everything needed to take the domain back — transfer code, lock release, removal of DNS records pointing to our hosting — within fifteen (15) days.

Customer content. Text, photographs, logos and other materials supplied by the Customer remain their exclusive property. VBCreation acquires only the licence needed to perform the service, for its duration. On termination, those materials are returned to the Customer on request, in a usable format, within fifteen (15) days.

Completed site. The subscription grants the Customer a right to use the site for their business needs during the contract. The Customer retains their domain and content. They may purchase the site under clause 13 at the fixed price of the plan in effect on the date of purchase or point their domain to another provider.

Hosting grace period without a purchase. On termination without a purchase, VBCreation keeps the site online for thirty (30) days from the end of the current paid period, free of charge and without any action by the Customer. The Customer may use this period to purchase the site under clause 13 or point their domain elsewhere. The site remains available as it stands; maintenance, content changes and support under clause 8 are no longer due. At the end of those thirty (30) days, hosting ends and the site is taken down unless a new subscription is taken out or a purchase gives rise to the temporary hosting defined below. The grace period does not require a suspension under clause 6 to be lifted and does not apply to termination under points (iii) or (iv) of clause 11, when removal may be immediate.

Relationship with clauses 6, 11 and 13. For a subscriber who purchases their site, including during the grace period, the following rules replace the ordinary termination and commitment rules. The subscription ends at the end of the monthly period already paid for; this date is the termination date for the fifteen (15) day periods in clause 12. Subscription charges stop on that date, without a pro-rata refund. Sums already paid for the paid period remain non-refundable. The site remains hosted and online with VBCreation, free of charge, until thirty (30) days after initial delivery of the package. During temporary hosting, the site remains online as it stands; maintenance, content changes and support under clause 8 are no longer due. The purchase replaces the twelve (12) month commitment: no portion of the set-up fee or remaining monthly charges is due under that commitment. Monthly charges already paid are not deducted from the purchase price. At the end of temporary hosting, the Customer arranges hosting and go-live with their chosen provider. A direct purchase includes no hosting. The fifteen (15) day periods for returning the domain and content remain independent of temporary hosting, without suspension or extension.

VBCreation materials. The underlying technical platform, templates, reusable components, the platform source code and the “SwyftSite” brand remain the exclusive property of VBCREATION PTE. LTD. and are not assigned under the subscription.

13. Purchase of the site

Price and order. The Customer may purchase the site directly or during their subscription. The fixed price, payable in full when ordering, is €1,500 excl. VAT for Essential, €2,300 excl. VAT for Pro or €3,300 excl. VAT for Premium. Where the Customer's establishment is located in the United Kingdom, the fixed prices are:
Essential: £1,275
excl. VAT – no UK VAT is charged by us.
Pro: £1,950
excl. VAT – no UK VAT is charged by us.
Premium: £2,800
excl. VAT – no UK VAT is charged by us.
The applicable currency is specified when ordering under clause 5. A subscriber may purchase at the fixed price of their plan under clause 12. Additional services require a written quotation accepted before work begins. A photo shoot and premium copywriting are not offered as part of this offer.

Agreed scope. The purchase covers the site of the chosen plan, as shown in the approved preview and described in the order summary. For a subscriber, this is the plan in effect on the date of purchase. The acceptance procedure and warranty below refer to this agreed scope.

Delivered package. The Customer receives an archive containing the cleaned source of the site within the agreed scope and a ready-to-upload version of the site for the host of their choice, its files and media that may be used under the available rights, instructions for taking over and operating it, and an inventory of third-party components and their licences. The package contains no access secrets, other customers' data, SwyftSite platform code or proprietary VBCreation optimisation script. Any third-party services required for the ordered features and the conditions for taking them over are identified in the instructions. The Customer must have their own accounts, rights and subscriptions where those services require them.

Exclusions. The purchase does not include provision or management of a domain name, hosting, go-live, ongoing maintenance, subsequent content changes or the subscription's ongoing optimisation services. The Customer arranges these themselves or through their chosen provider. Their domain and content remain their property under clause 12. For a subscriber who purchases, the temporary hosting provided for in clauses 12 and 13 applies; a direct purchase includes no hosting.

Delivery. VBCreation provides the package through a download link within five (5) French business days following the later of full payment and receipt of all items needed to complete the agreed scope. If the Customer requests deferred performance under clause 10, the period cannot start before the withdrawal period expires. The day on which the conditions are met is not counted; delivery is due by 6pm Paris time on the fifth business day counted. Business days follow the French calendar defined in clause 7, including for UK Customers; this reference concerns the calendar only and does not include a go-live service.

VBCreation checks the items received by 6pm Paris time on the first business day following receipt, specifies any missing items and confirms the delivery date after checking. The date of receipt of all required items, rather than the check date, determines the start of the period. Once it has started, only a necessary wait for an item or approval for which the Customer is responsible, notified without delay, suspends the count; the remaining time resumes without being reset and the revised deadline is communicated. Internal organisational delays do not suspend this period. Clause 14 remains applicable.

Acceptance procedure. The Customer has ten (10) French business days, counted from the first business day following delivery of the package, to check conformity with the agreed scope and notify any non-conformities in writing to contact@vbcreation.io. Two rounds of conformity corrections are included: the Customer groups their observations into a first list, then a second list after receiving the corrections. Additions to the scope require a written quotation. Non-conformities reported within the acceptance period remain subject to correction free of charge even if the corrections are completed after it ends. Acceptance is expressly confirmed in writing after checking the package and corrections; silence does not constitute acceptance. This procedure does not extend the withdrawal period under clause 10.

Rights. On full payment, VBCreation assigns to the Customer exploitation rights in the graphic and written elements created specifically for them: reproduction, communication to the public and adaptation for operating and promoting their business, on digital and printed media, worldwide and for the legal term of protection. The price of this assignment is included in the purchase price. The Customer retains ownership of their content. For VBCreation's technical foundation and reusable components incorporated in the package, the Customer receives a non-exclusive, worldwide licence, without additional royalties and for the legal term of protection, to operate, reproduce, adapt and maintain this site themselves or through their chosen provider. This licence does not permit the technical foundation to be marketed separately or used to create third-party sites. VBCreation's platform, brands and optimisation script are not assigned or licensed through this purchase. Third-party components and media remain governed by their licences supplied on delivery.

Warranty. VBCreation corrects, free of charge, non-conformities with the agreed scope reported in writing within thirty (30) calendar days following initial delivery of the package. This warranty does not cover new requirements, modifications by a third party or incidents caused by hosting or third-party services chosen by the Customer. It does not reduce corrections reported within the acceptance period, the Customer's mandatory rights or the undertakings in clause 15.

Download and retention. The link remains active for thirty (30) calendar days after initial delivery. The Customer downloads and backs up their package during that period. VBCreation keeps a copy for ninety (90) calendar days after that delivery; during this period the Customer may request a new link at contact@vbcreation.io. After that period, VBCreation no longer guarantees that a copy can be supplied. This rule concerns the site package and does not change retention periods for invoices or other data set by law and the privacy policy.

Subscriber purchasing their site. The subscription ends at the end of the monthly period already paid for; this date is the termination date for the fifteen (15) day periods in clause 12. Subscription charges stop on that date, without a pro-rata refund. Sums already paid for the paid period remain non-refundable. The site remains hosted and online with VBCreation, free of charge, until thirty (30) days after initial delivery of the package. During temporary hosting, the site remains online as it stands; maintenance, content changes and support under clause 8 are no longer due. The purchase replaces the twelve (12) month commitment: no portion of the set-up fee or remaining monthly charges is due under that commitment. Monthly charges already paid are not deducted from the purchase price. At the end of temporary hosting, the Customer arranges hosting and go-live with their chosen provider. A direct purchase includes no hosting. The purchase includes no ongoing maintenance; any separate service requires a written agreement.

14. Availability and force majeure

VBCreation uses reasonable means to keep the hosted site available. No figure-based availability level is guaranteed under these Terms of Sale: VBCreation owes a duty of reasonable care and skill, not a duty to achieve a specific result. Scheduled maintenance windows are announced to the Customer as soon as possible and planned, so far as practicable, outside peak hours.

VBCreation is not liable for non-performance caused by a force majeure event within the meaning of the applicable law, nor for the failure of a network, hosting provider, domain registrar or third-party payment provider, provided VBCreation has acted diligently. If such an event lasts more than thirty (30) days, either party may terminate the contract in writing without compensation, VBCreation refunding pro rata any sums received in advance and not used.

15. Warranties and liability

VBCreation warrants that the service will be performed with the care and skill reasonably expected of a professional in the sector and that the site will conform to the agreed scope. Any non-conformity reported in writing within thirty (30) days of go-live for a subscription, or initial delivery of the package for a purchase, is corrected free of charge, under clause 13 for a purchase. The other provisions of this clause continue to apply.

To the fullest extent permitted by applicable law, VBCreation's aggregate liability under or in connection with these Terms of Sale, whether in contract, tort (including negligence) or otherwise, shall not exceed the amounts paid by the Customer for the service in the twelve (12) months preceding the event giving rise to the claim. VBCreation is not liable for any indirect or consequential loss, loss of profit, loss of revenue, damage to reputation, loss of business opportunity or loss of data.

Nothing in these Terms of Sale excludes or limits any liability that cannot be excluded or limited under mandatory applicable law, including in cases of gross negligence, wilful misconduct, fraud, or death or personal injury caused by negligence.

16. Personal data

Processing of personal data carried out in connection with the service — purposes, legal bases, recipients, retention periods, transfers outside the European Union and data-subject rights — is described in our Privacy notice, which forms part of the contract. These Terms of Sale neither derogate from it nor reproduce it.

17. Relationship with the Terms of Service and order of precedence

These Terms of Sale and the Terms of Service together with the public pricing page, any quotation and the Privacy notice constitute the entire agreement between the parties. The Terms of Sale govern the sale of the service; the Terms of Service govern access to and use of the account and customer area.

In the event of conflict, the order of precedence is: (1) the accepted written quotation, where applicable; (2) these Terms of Sale; (3) the Terms of Service; (4) the public pricing page. No amendment to these Terms of Sale is enforceable against the Customer unless it has been notified to them in writing with reasonable notice, in accordance with the undertaking in clause 6 of the Terms of Service.

18. Governing law and jurisdiction

These Terms of Sale are governed by Singapore law, without prejudice to applicable mandatory provisions, including those applicable in France, the European Union or the United Kingdom, and applicable data protection rules (GDPR, UK GDPR, PDPA).

Any dispute relating to these Terms of Sale must first be the subject of a written attempt at amicable resolution addressed to contact@vbcreation.io. Failing agreement, it is brought before the courts of Singapore, subject to any mandatory jurisdiction rule applicable to the Customer.

19. Language

These Terms of Sale are published in English and French. Other translations may be provided for convenience. In the event of conflict or inconsistency between language versions, the English version prevails.

20. Contact

For any question about these Terms of Sale:

General contact: contact@vbcreation.io
Data protection (DPO): dpo@vbcreation.io
Postal address: VBCREATION PTE. LTD. — 160 Robinson Road #14-04, Singapore Business Federation Center, Singapore 068914

SwyftSite by VBCreation — VBCREATION PTE. LTD. — UEN 202620906D