General terms of service

Purpose and scope

These general terms of service (CGPS) apply to all services provided by Guillaume Ojardias EI: design and development of websites and applications, maintenance, support and consulting.

The services are intended for professionals, associations and project owners acting for their activity, not for consumers.

Any order implies acceptance of these terms, which prevail over the client’s purchase terms unless otherwise agreed in writing. They are sent to any professional client who asks for them (article L.441-1 of the French Commercial Code).

Provider

Guillaume Ojardias, sole trader (entrepreneur individuel, EI), 70 avenue Jean Jaurès, 69007 Lyon, France, SIREN 993 870 955 — contact@ojardias.me.

Quotes and orders

Each service is covered by a free quote describing its scope, price and provisional schedule. A quote is valid for 30 days from its date of issue.

An order becomes firm once the signed quote and the deposit are received. Any change of scope during the project is covered by an additional quote.

Prices

Prices are in euros. VAT not applicable, article 293 B of the French General Tax Code (CGI).

Payment terms

A deposit of 30% of the quoted amount is due on signing. The balance is invoiced on delivery and payable within 30 days of the invoice date.

Payment is by bank transfer. No discount is granted for early payment.

Late payment

Any late payment automatically incurs, from the day after the due date, penalties at the European Central Bank refinancing rate plus 10 percentage points (article L.441-10 of the French Commercial Code), as well as a fixed recovery fee of €40 (article D.441-5 of the French Commercial Code).

In case of late payment, the provider may suspend ongoing work until all sums due are paid in full.

Client obligations and timelines

The client provides in good time the content, access and approvals needed for the service, and warrants that it holds the rights to the content it supplies.

Timelines in the quote are indicative. Any delay attributable to the client extends them accordingly. The provider is bound by a best-efforts obligation (obligation de moyens).

Delivery and acceptance

On delivery, the client has 15 days to accept the work or send precise written reservations. Justified reservations are resolved within a reasonable time.

Without reservations within that period, or as soon as the client puts the work into production, the service is deemed accepted.

Intellectual property

Subject to full payment of the price, the provider assigns to the client the economic copyright in the deliverables developed specifically for it: rights of reproduction, representation and adaptation, worldwide, for the full legal term of protection, for the use set out in the quote (article L.131-3 of the French Intellectual Property Code). No rights are assigned before full payment.

The provider’s pre-existing tools, components and know-how, as well as open-source libraries, remain under their own licences; the client receives a non-exclusive right to use them to the extent needed to use the deliverables.

Commercial reference

The provider may cite the client’s name and show screenshots of the work as a commercial reference, unless the client objects in writing.

Liability

The provider is not liable for indirect damage (loss of revenue, data or customers). Its total liability is limited to the amount actually paid by the client for the service concerned.

Third-party services used for the project (hosting, domain names, APIs, online services) are governed by their providers’ own terms.

Confidentiality

Each party keeps confidential any non-public information it learns during the service, for its duration and 2 years after it ends.

Personal data

Client and prospect data is processed in accordance with the privacy policy. Where the provider processes personal data on the client’s behalf, the parties sign a data processing agreement under article 28 of the GDPR.

Termination

If either party seriously breaches its obligations and fails to remedy the breach within 15 days of formal notice by registered letter or email with acknowledgement of receipt, the other party may terminate the order. Work completed at the termination date is invoiced and the deposit remains with the provider.

Force majeure

Neither party is liable for a failure resulting from force majeure within the meaning of article 1218 of the French Civil Code.

Governing law and disputes

These terms are governed by French law. In case of dispute, the parties first seek an amicable solution. Failing that, the dispute is brought before the competent courts within the jurisdiction of the Lyon Court of Appeal.