TERMS & CONDITIONS
These Terms & Conditions are concluded between ALEXIS GAUTIER (hereinafter referred to as WE START TODAY), whose head office is located at 7 rue du sablais, 44115 Haute-Goulaine, France, and the CLIENT, a natural person or moral (hereinafter referred to as the CLIENT). These Terms & Conditions are applicable for any service provided by WE START TODAY for its CLIENTs.
These Terms are subject to change at any time without notice. Thus, they supersede any other commercial information posted on the site www.wstdev.com or on any other conditions appearing in any other document.
ARTICLE 1 – DEFINITIONS
“WE START TODAY” means ALEXIS GAUTIER, a sole proprietorship, SIRET 790 268 999 00022, whose head office is located at 7 rue du sablais, 44115 Haute-Goulaine, France.
“CLIENT” means any natural person or legal person who uses the services of WE START TODAY.
ARTICLE 2 – OBJECT AND SCOPE
WE START TODAY, acting in the quality of web developer, offers services of creation or redesign of website, as well as computer maintenance services on the sites that it has developed.
The CLIENT is informed on the estimate of the existence of these GSC and can consult them at any time on the WE START TODAY website at the following address: https://www.wstdev.com/conditions-generales-de-sales .
Thus, the signature of the quotation by the CLIENT for any service provided by WE START TODAY entails the immediate and unreserved acceptance of these Terms and Conditions. They can not be challenged once the validation of the quote by the CLIENT.
ARTICLE 3 – ACCOMMODATION & DOMAIN NAME
It is the CLIENT’s responsibility to acquire one (or more) domain name and to subscribe to a hosting offer in order to host its website at the service provider of his choice.
If necessary, the study of the accommodation offer best adapted to the CLIENT’s needs as well as support for the subscription to these services and their configuration can be provided in the quote sent to the CLIENT.
ARTICLE 4 – RIGHT OF ADVERTISING & PROPRIETARY RIGHTS
4.1. REFERENCES OF WORK EXECUTED
The CLIENT authorizes WE START TODAY to reference in his portfolio:
– his name and / or name;
– the URL of his website;
– images and / or screenshots of the final website.
However, if he does not wish to appear in the WE START TODAY portfolio, the CLIENT may oppose it by sending an email to the following address: firstname.lastname@example.org
4.2. PROPERTY RIGHTS AND COPYRIGHT
In order to transfer all the property rights relating to the final version of the website (content + code), the CLIENT must post a copyright notice at the bottom of the website footer, as follows: “Website developed by WE START TODAY (link to the WE START TODAY website https://www.wstdev.com) “.
The realizations remain the property of WE START TODAY until the complete payment of invoices.
ARTICLE 5 – SPECIFICATIONS
The drafting of precise specifications by the CLIENT, explaining his needs and expectations regarding the expected service, although not mandatory, is strongly recommended.
After joint approval of these specifications by WE START TODAY and the CLIENT, no modification will be possible and it will serve as a basis for the drafting of the estimate.
In the case of an evolution of the project and the needs of the CLIENT entailing services not included in the initial specifications, a new estimate will be established on the basis of these new needs.
ARTICLE 6 – QUOTES & RATES
A quote is sent free by email in PDF format by WE START TODAY following the analysis of the specifications prepared by the CLIENT, or after a preliminary interview between WE START TODAY and the CLIENT in the absence of specifications.
By way of derogation from paragraph 1 of this article, WE START TODAY may be required to invoice the quotation to the CLIENT for projects whose specificity or particular complexity will require preliminary research. If necessary, WE START TODAY will inform the CLIENT by e-mail in an express and prior manner.
It is important that the CLIENT has a good understanding of the quote before acceptance to avoid misunderstanding and possible conflict.
In case of acceptance of the quote, the CLIENT must return it by mail, dated and signed with the mention “Voucher for work” to the address of WE START TODAY, mentioned above. Quotations will be created in duplicate: one copy to be kept by the CLIENT and another to be returned to WE START TODAY.
As stipulated in article 7.1, the sending of the quote by the CLIENT must be accompanied by the payment of a deposit of 30% of the total amount provided, by check, bank transfer or PayPal except other conditions mentioned in the quote).
The quote is valid for a period of one (1) month from the date of dispatch of the document. After this period, and without the explicit acceptance of the CLIENT WE START TODAY reserves the right to change the price.
The quotation accepted and signed by the CLIENT engages both parties.
The prices of the services of WE START TODAY are likely to evolve at any time with the exception of the quotes already accepted and returned signed by the CLIENT. Rates used as billing basis are unit prices.
WE START TODAY, represented by ALEXIS GAUTIER being a sole proprietorship under the self-entrepreneur, the services of WE START TODAY are not subject to VAT (VAT not applicable, article 293B of the CGI).
Thus, the quotes and invoices issued by WE START TODAY are net of any tax.
ARTICLE 7 – REGULATIONS AND INVOICING
7.1 TERMS OF SETTLEMENT:
30% down payment: payment due to the validation of the quote (before the start of work.)
70% at the final delivery of the project:
· “Special” CLIENT: payment due 7 days from the date of issue of the invoice and before the final online publication of the site.
· “Professional” client: payment due 30 days from the date of issue of the invoice.
Payment can be made by check, bank transfer or Paypal (in the case of payments by Paypal, fees will be applied up to 3% of the total amount per payment).
In case of late payment of more than 10 days:
· Application of interest of 3 times the legal rate according to the law n ° 2008-776 of August 4th, 2008.
· Application of a fixed compensation for recovery costs of 40 € according to Article D. 441-5 of the Commercial Code.
Discount Rate: No applicable discount.
7.2 INVOICING TERMS:
An invoice will be sent to the CLIENT at the completion stages of the work (excluding the deposit invoice).
ARTICLE 8 – DUTIES OF THE CLIENT
8.1. ACCESS AND INFORMATION
The CLIENT undertakes to provide all relevant information and full access to its administration and hosting services in order to allow WE START TODAY to properly manage the configuration and eventual maintenance of the site.
The CLIENT undertakes to provide all the following content:
· Texts: in WORD format (.doc / .docx) or in OPEN OFFICE format (.odt);
· Logos: cleaned and cut from any background in the format ILLUSTRATOR (.ai);
· Photos: high resolution (300dpi min) in .jpeg, .jpg or .png format;
· Any additional useful information: color references to use (hex code), fonts, etc.
It is the CLIENT’s responsibility to keep a backup of any content provided to WE START TODAY. WE START TODAY is not intended to retain these contents and can not be held responsible in case of loss of said contents following a modification of the website by WE START TODAY, the CLIENT or any other person.
Any delay in the development and the setting on line of the site due to a delay generated by the CLIENT as for the delivery of the necessary contents can not be imputed to WE START TODAY.
8.3. CONTENT RIGHTS AND INTELLECTUAL PROPERTY
It is the CLIENT’s responsibility to ensure that he is the owner of all the intellectual property rights concerning all the elements supplied to WE START TODAY during the development of the site or added independently by the CLIENT after the final delivery (images, texts, logos, videos etc).
Otherwise, it is up to the CLIENT to ensure that he can use the said content and to establish the terms and any compensation to the owner of the rights.
WE START TODAY can not be held responsible in case of non-respect of the copyrights of third parties, due to negligence of the CLIENT.
8.4. CLIENT INVOLVEMENT IN THE PROJECT
It is the responsibility of the CLIENT to be actively involved in the project supported by WE START TODAY. This is done by being diligent in appointments, providing WE START TODAY in an optimal time all content, elements and information necessary for the smooth running of the project.
WE START TODAY can not be held responsible in case of delay in the development of the website due to the failure of this commitment by the CLIENT.
8.5. PERSONAL DATA
It is incumbent on the CLIENT to comply with the provisions relating to mandatory legal information to be inserted on its website in application of the provisions of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.
The CLIENT is informed that WE START TODAY implements a computer processing of his personal data in the context of achieving the object of these Terms & Conditions (website creation)
In accordance with all the provisions of the legal and regulatory framework and in particular the general data protection regulation of the Parliament and the European Commission (GDPR) and the law of 78-17 of 6 January 1978 amended in 2004 relating to IT, files and freedoms, the CLIENT may obtain communication and, where appropriate, rectification or deletion of information concerning him, by contacting WE START TODAY, 7 rue du Sablais, 44115 Haute-Goulaine, France.
The CLIENT also undertakes to implement the provisions relating to computers, files and freedoms, as provided by the GDPR and the Data Protection Act of 1978.
It is incumbent on the CLIENT to respect the payment deadlines defined in the quote under penalty of surcharges and the termination of the service contract. Legal proceedings may possibly be initiated.
ARTICLE 9 – DUTIES OF WE START TODAY
The creation and redesign of the website fall within the category of services providing an obligation of means. Thus WE START TODAY is committed to:
· Develop and put online the website, in compliance with the rules of art and in accordance with the estimate approved by the CLIENT;
· Provide expertise and a duty to advise on certain choices to be made or not to be made;
· Keep the CLIENT regularly informed about the progress of the project;
· Ensure the confidentiality of any sensitive information about the project and not pass it on to any third party.
ARTICLE 10 – PAY LICENSES AND PLUGINS
Depending on the needs of the project, the purchase of themes, plugins or premium extensions licenses may be required. If applicable, these will be indicated in the appendix in the quote provided to the CLIENT but not included in the final price of the development service offered by WE START TODAY.
The purchase of this type of product works most generally by annual subscription to suppliers of these products.
It is the CLIENT’s responsibility to pay these amounts. WE START TODAY will accompany the CLIENT in the eventual purchase of these products.
ARTICLE 11 – PLANNING, FOLLOW-UP, DELAYS,
Start date of the work: Upon receipt of the returned quote dated, signed and stamped by the CLIENT and receipt of the deposit of 30% of the total amount of the quote.
The estimated end date of the work will be agreed with the CLIENT.
11.2 PROJECT MONITORING:
WE START TODAY manages all its projects in agile way, through recurring videoconference interviews.
The frequency of the interviews will be defined by mutual agreement between WE START TODAY and the CLIENT during a first interview.
Depending on the needs of the progress of the project and the respect of the deadlines, WE START TODAY can take the initiative to solicit the CLIENT in order to trigger exceptional interviews and / or to suggest an increase in the frequency of the recurring interviews.
The modalities of presentation of the different components of the website will be defined between WE START TODAY and the CLIENT during the recurring interviews.
WE START TODAY will do its utmost to respect the delivery times agreed with the CLIENT.
However, WE START TODAY can not be held responsible for any delays in the development and on-line of the site due to a delay caused by a failure of the CLIENT to its commitments (Article 8).
WE START TODAY reserves the right to suspend a service in the following cases:
– delay in delivery of content by the CLIENT
– non attendance of the CLIENT with the appointments
– no subscription to a hosting and / or domain name before going online
– No response to emails sent to the CLIENT by WE START TODAY
Any suspension of service by WE START TODAY for the reasons mentioned above will result in a modification of the delivery schedule that can not give rise to the payment of penalties, interest, compensation or damages and interest to the CLIENT, nor to a valid reason for cancellation of delivery by the CLIENT.
ARTICLE 12 – WITHDRAWAL PERIOD
12.1. PROFESSIONAL CLIENTS
In accordance with the Hamon law, a 14-day cooling-off period is applicable on the date of acceptance of the quote, for “professional” CLIENTs using WE START TODAY, under the following conditions:
1. the contract is concluded outside the institution
2. the subject of the contract does not fall within the company’s core business
3. The number of employees of the company must be less than or equal to five.
In order for the “professional” CLIENT to exercise his right of withdrawal, it is imperative that the three conditions are met.
12.2. PRIVATE CLIENTS, SPECIAL CLIENTS
In accordance with the Hamon law, a withdrawal period of 14 days is applicable on the date of acceptance of the quote, for “private” CLIENTs, (natural persons not having a SIREN / SIRET number) and calling WE START TODAY as an individual.
To exercise his right of withdrawal, the CLIENT must send a registered letter with acknowledgment of receipt to the postal address of WE START TODAY. This entitles the CLIENT to refund the sums already paid within 14 days of receipt of the mail by WE START TODAY.
Beyond this statutory withdrawal period, no benefits may be canceled and the total sum will be required under penalty of increase and legal proceedings.
ARTICLE 13 – AMENDMENT OR CANCELLATION OF A BENEFIT
Any modification or cancellation of service by the CLIENT will be subject to confirmation by email of WE START TODAY.
In accordance with the provisions of Article 5, any request to modify the service detailed in the quote accepted by the CLIENT will be subject to a new quote and a new billing.
It is important to note that any request for modification of the initial service, if approved by the CLIENT following the new estimate, will lead to an adaptation of the delivery schedule.
In case of cancellation of the service of WE START TODAY at the initiative of the CLIENT:
intervening after the formal validation of the estimate and before the start of the works, the deposit of 30% can not be refunded for damages.
In case of cancellation of the service of WE START TODAY at the initiative of the CLIENT:
intervening during the realization of the service, WE START TODAY reserves the right to demand a prorated sum of the work carried out, in addition to the deposit of 30% which can not be refunded for damages and services rendered .
In case of cancellation of the WE START TODAY service at the initiative of WE START TODAY:
and not resulting from a case of force majeure (see article 19) or a failure of the CLIENT to his duties (see article 8), WE START TODAY undertakes to refund to the CLIENT the totality of the sums collected within a delay 14 days from the date of the declaration of cancellation of the service.
It is important to note that the achievements remain the property of WE START TODAY until full payment of invoices. Thus, in the case of cancellation by the CLIENT intervening during the performance of the service, no deliverable will be transmitted to the CLIENT.
ARTICLE 14 – GUARANTEE, RETURNS AND TICKETS
Only the services detailed in the quotation signed and accepted by the CLIENT subject to the guarantee.
Once the website has been delivered and put online, the CLIENT can report and report any bug or problem on the site and exercise the guarantee.
The bugs and problems will be corrected free of charge and without time limit, as long as they do not result:
· A personal modification of the CLIENT, or any other person, likely to cause a malfunction
· An alteration of the source code by the CLIENT, or any other person
· Negligence in the management or maintenance of the CLIENT
· A non-liability clause of these Terms and Conditions
The resolution of any other problem or bug will be the subject of a malfunction ticket described in article 14.2.
14.2 INTERVENTION TICKETS:
There are two types of intervention tickets depending on the type of modification needed:
· Change ticket: Any modification, requested after the final delivery of the site and not falling within the scope of the project defined in this document or in the adjustments agreed between WE START TODAY and the client during the site development phase, will be subject to a modification ticket on the basis of 35€ excl. tax * per working hour, which can be divided into quarter hours and billed accordingly.
· Malfunction ticket: Any request for intervention following a personal modification of the CLIENT leading to a malfunction of the website will be subject to a standard cost of 35€ excl. tax *. Additional fees corresponding to the correction and resolution time of the problem (s) may be applied.
*VAT not applicable, article 293B of the CGI
ARTICLE 15 – MAINTENANCE
Depending on the nature of the project, WE START TODAY proposes to manage the maintenance, security and updates of the site.
The CLIENT may choose from the maintenance subscription plans detailed in the quote sent by WE START TODAY. The payment will be made monthly or annually with the possibility to terminate the maintenance service at any time (see article 15.4)
In case of transfer of maintenance to WE START TODAY, the signed and accepted quote will be worth maintenance contract.
Any notification to the CLIENT regarding maintenance subscriptions will be made only by email and addressed to the billing contact. It is up to the CLIENT to inform WE START TODAY if his contact email address changes.
The prices of maintenance subscriptions are indicated in the quotation sent to the CLIENT and depend on the nature of the services included in the subscription.
The rates, whether for a monthly or annual subscription, are blocked and fixed for a period of one (1) year from the date of subscription to the subscription.
WE START TODAY reserves the right to change the prices of maintenance subscriptions on the anniversary date of the contract.
WE START TODAY will notify the CLIENT one (1) month by e-mail of any rate change by specifying the effective date for the CLIENT.
15.3 DURATION OF THE CONTRACT AND RENEWAL
In case of :
· Monthly subscription: The renewal of the service is automatic, insofar as the recurring payment is not interrupted by the CLIENT.
In case of default of payment by the CLIENT within a period exceeding 5 days, is past the 10th of the month, WE START TODAY reserves the right to suspend the maintenance subscription until the regulation of the situation by the CLIENT .
It is up to the CLIENT to take the necessary steps if he wishes to suspend his subscription (see article 15.6)
· Annual subscription: The renewal of the service is not automatic. The subscription is subscribed by the CLIENT for a period of one (1) year.
WE START TODAY will notify the CLIENT by e-mail 30 days before the anniversary date of the subscription, proposing a renewal of the service (annual or monthly subscription), specifying the new rates in effect if applicable.
It is up to the CLIENT to renew or terminate his maintenance subscription that has expired, without having to justify the reasons.
15.4 MAINTENANCE PLAN SETTLEMENT TERMS:
In case of :
· Monthly subscription: Establishment of a recurring transfer on the 5th of each month. The date of the first transfer will be fixed on the 5th of the month following the final posting of the website.
· Annual subscription: Full payment due 30 days from the date of issue of the annual invoice.
Monthly payments can be made only by bank transfer.
Annual payments can be made by check, bank transfer or Paypal (in the case of payments by Paypal, fees will be applied up to 3% of the total amount per payment)
15.5 BILLING TERMS AND CONDITIONS OF THE MAINTENANCE PLAN:
In case of :
· Monthly subscription: an invoice will be issued on the 5th of each month, date of automatic withdrawal.
· Annual subscription: an invoice will be issued each year on the anniversary date of the maintenance plan. The first annual invoice will be issued on the date the website is finally put online, which will serve as a reference for the anniversary date of the maintenance contract.
15.6 TERMS OF BREACH OF MAINTENANCE CONTRACT:
On the initiative of the CLIENT:
Any maintenance contract may be terminated by the CLIENT by sending an email to email@example.com
In case of :
· Monthly subscription: the maintenance contract will last until the end of the current month. Payment for the current month can not be refunded.
· Annual subscription: the maintenance contract will last until the end of the current year. Payment for the current year can not be refunded.
On the initiative of WE START TODAY:
Any maintenance contract can be terminated by the WE START TODAY
In case of :
· Default of payment
· Force majeure (see article 19)
· Failure of the CLIENT to his duties (see article 8)
In the event of a breach of the maintenance contract, WE START TODAY will inform the CLIENT by email. The CLIENT will not be able to request a refund of the sums already collected by WE START TODAY.
15.7 ABSENCE OF MAINTENANCE CONTRACT:
The CLIENT will take care of the maintenance and assume full responsibility in case of malfunction (security / crash / hacking problems). WE START TODAY can not be held responsible for any malfunction (s) related to any cause other than the development of the website.
ARTICLE 16 – MANAGEMENT OF THE SITE BY THE CLIENT
Depending on the needs of the CLIENT, a basic training in the management of the website may be provided by WE START TODAY. If necessary, the details of the training will be indicated in the quote sent to the CLIENT.
Under no circumstances does WE START TODAY claim or offer to train the CLIENT to a thorough management of a website and all that implies. The training will be limited to the basic needs of the CLIENT as to the autonomous management of his website on a daily basis.
The training modalities (date, place) will be established between WE START TODAY and the CLIENT during the follow-up appointments.
ARTICLE 17 – LIABILITY
WE START TODAY would not be held responsible and has no obligation of control:
· On the modifications that the CLIENT, or any other person, could bring on the website and this from the day of the setting on line of the site;
· Statements made on the site by the CLIENT, the users of his site, or any other person;
· In the case of a deception by the CLIENT as to the actual use of his website, especially for criminally reprehensible uses;
· In the case of failure of a global project in which the website was only one of the elements (launching a brand, a product etc). Indeed WE START TODAY, acting as a web developer does not obligation results but means;
· In the case of failure by the CLIENT to respect the presence of mandatory content on any website (Legal notice, Terms and Conditions, etc.);
· In the case of irreversible damage to the site caused by the CLIENT making the update, maintenance or restoration impossible;
· In the case of data leaks caused by negligence of the CLIENT in the management of his website;
· Regarding problems with hosting the site.
ARTICLE 18 – INCAPACITY OF WORK
It is the responsibility of WE START TODAY to notify the CLIENT at the beginning of the period of incapacity for work. In the case of incapacity for work resulting from an accident or illness, WE START TODAY reserves the right to cancel or suspend the services in progress, as well as to modify the delivery schedule, without delay. it can not be claimed by the CLIENT.
ARTICLE 19 – FORCE MAJEURE
Are considered as cases of major forces, all circumstances beyond the control of the parties, making it impossible, under normal conditions, the execution of their obligations.
The case of force majeure exonerates the party invoking its obligations and causes their suspension.
Neither the CLIENT nor WE START TODAY can be held responsible for delays or non-performance of a contract obligation resulting from a case of force majeure.
It is the responsibility of the party (the CLIENT or WE START TODAY) invoking the case of force majeure as the reason for suspension of a benefit, to immediately inform the other party.
ARTICLE 20 – APPLICABLE LAW AND COMPETENT JURISDICTION
French law is only applicable to these Terms & Conditions. The Parties shall endeavor to settle any dispute amicably, whatever its nature and prior to any other form of appeal. In case of persistent disagreement, it will be brought before the Commercial Court of Nantes (France, 44), to the exclusion of any other jurisdiction.
Updated on 16/05/2020