Terms of sale

This English text is a courtesy translation. In the event of any discrepancy, the French version prevails.

These terms of sale (the "Terms of Sale") govern the services sold by MAIMON SEBASTIEN, trading under the business name 1er.website (the "Provider"), to any professional client (the "Client").

1. Purpose and scope

These Terms of Sale apply to any website design, creation, redesign, SEO or maintenance service, as well as to associated services (visual identity, content, hosting where applicable). Any order implies unreserved acceptance of these Terms of Sale, which prevail over any other Client document.

2. Provider identity

• Publisher: MAIMON SEBASTIEN
• SIREN: 490 141 140
• SIRET: 490 141 140 00049
• EU VAT number: FR44490141140
• Address: 68 Route de Paris, 69160 Tassin-la-Demi-Lune, France
• Contact: via the contact form

3. Quotes and formation of the contract

Each service is the subject of a detailed quote, free of charge and without commitment. The contract is formed on the date the quote is returned dated, signed and accompanied, where applicable, by the agreed deposit. The quote is valid for thirty (30) days, unless stated otherwise.

4. Prices

Prices are stated in euros. As the Provider is subject to VAT, amounts are expressed excluding tax and increased by VAT at the applicable rate (20%). The price agreed in the quote corresponds to the scope described in it; any request outside that scope is subject to a costed amendment.

5. Payment terms

Unless otherwise stated in the quote:

• a deposit of 30% is paid on ordering;
• the balance is paid according to the quote's schedule, at the latest on delivery.

Payment is made by bank transfer. In the event of late payment, penalties at three (3) times the statutory interest rate are due as of right, together with a fixed recovery indemnity of 40 euros for professional Clients (art. L.441-10 of the French Commercial Code).

6. Lead times

The stated lead times are indicative and run from receipt of the deposit and of all the necessary elements (content, access, approvals). A reasonable delay cannot give rise to cancellation or compensation.

7. Client obligations

The Client undertakes to provide, in good time, the content, information, access and approvals required. The Client warrants that they hold the rights to the elements provided (text, images, trademarks) and indemnifies the Provider against any third-party claim in this respect. A prolonged lack of cooperation may suspend performance and push back the lead times.

8. Delivery and acceptance

The service is deemed accepted in the absence of written and reasoned reservations from the Client within seven (7) days of it being made available. Correction requests within the agreed scope are handled on this basis; changes outside the scope are subject to an amendment.

9. Intellectual property and transfer of rights

The Provider retains ownership of the deliverables until full payment of the price. After full payment, the exploitation rights to the final deliverables and code produced specifically for the Client are transferred to the Client, under the conditions set out in the quote. The following remain the property of their respective holders: third-party components, open-source libraries, fonts and licensed resources, as well as the Provider's know-how and methods.

10. Hosting and maintenance

Hosting and maintenance are included only if expressly stated in the quote. Failing that, the Client is responsible for their hosting and for renewing their domain name.

11. Right of withdrawal

The services are intended for Clients acting in a professional capacity, as part of their business. The right of withdrawal provided for by the French Consumer Code therefore does not apply.

12. Warranties and liability

The Provider is bound by an obligation of means (best-efforts). Its liability, on all grounds combined, is limited to the amount excluding tax actually paid for the service concerned. The Provider cannot be held liable for indirect damage (loss of business, data or revenue) or for malfunctions attributable to third parties (host, external services, browsers, email clients).

13. Force majeure

Neither party may be held liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French Civil Code.

14. Termination

In the event of a serious breach by one party that is not remedied within fifteen (15) days of a formal notice, the other party may terminate the contract as of right. Services performed and costs incurred as at the termination date remain payable.

15. Personal data

The processing of personal data is described in the privacy policy.

16. Complaints

Any complaint may be sent via the contact form. The parties will endeavour to resolve any dispute amicably before taking action.

17. Governing law and jurisdiction

These Terms of Sale are governed by French law. Failing an amicable resolution, any dispute shall be brought before the competent courts of Lyon.