Terms and Conditions
1. Purpose
These Terms and Conditions define the terms under which NÉDA, a sole proprietorship, offers services such as website creation, digital content production (photo, video), as well as website maintenance and management services.
2. Acceptance of conditions
Any order implies full and unconditional acceptance of these Terms and Conditions, without restriction or reservation.
Signing the quote constitutes automatic and irrevocable acceptance of these Terms and Conditions, which form an integral part of the contract. The client acknowledges having read them prior to placing any order. No particular condition may take precedence over these Terms unless agreed in writing and signed by both parties.
3. Services
The services offered include:
- Website creation and development
- Photo and video content production
- Digital content creation
- Technical maintenance and site management
- Digital consulting services
A detailed description of the services is provided in the quote accepted by the client.
4. Pricing
Prices are expressed in euros.
VAT not applicable – article 293 B of the French General Tax Code (micro-entrepreneur status).
Prices may be revised in the event of a substantial change to the client's initial request.
5. Payment terms
Unless otherwise stated on the quote:
- 30% deposit upon signing
- Balance upon project delivery
Subscription-based services are invoiced monthly, in arrears or in advance as specified in the quote.
6. Subscription terms – hosting and site management
Hosting and site management services provided on a subscription basis are subject to an initial 12 (twelve) month commitment, starting from the date the quote is signed.
At the end of this initial period, the subscription is automatically renewed for an equivalent 12-month period, unless terminated by the client in writing (email with acknowledgement of receipt or registered letter) at least 1 (one) month before the renewal date.
Termination during the commitment period does not release the client from the obligation to pay the remaining monthly instalments until the end of the current period. Amounts already paid remain due to the service provider.
Signing the quote constitutes full and unconditional acceptance of these subscription terms, without the need for a separate signature or additional validation.
7. Late payment
In case of late payment:
- Late payment penalties at the legal rate
- Fixed compensation of €40 for recovery costs (article L441-10 of the French Commercial Code)
The service provider also reserves the right to suspend ongoing services, including website hosting, without prejudice to any outstanding amounts due.
8. Delivery deadlines
Delivery deadlines are provided as estimates only.
Any delay caused by the client's failure to provide materials (content, validation, requested changes) may result in a postponement of the delivery schedule.
9. Intellectual property
All creations produced by the service provider remain their property until full payment is received.
Upon full payment, usage rights are transferred to the client for their business activities.
Technical elements, methods, scripts or tools developed by the service provider remain their intellectual property.
10. Portfolio clause
The service provider reserves the right to showcase work produced for the client in their portfolio, marketing materials and commercial references.
11. Content provided by the client
The client guarantees that they hold the necessary rights to all content (texts, images, videos, logos) provided to the service provider.
The service provider cannot be held responsible for the use of unauthorized content provided by the client.
12. Modifications and additional services
The quote only covers the services mentioned therein.
Any request for modification, additional features or extra services will be subject to a supplementary quote.
13. Technical access and third-party services
The client remains responsible for managing their domain name, hosting and technical access required for the website to function properly.
The service provider may assist the client with these matters but cannot be held responsible for third-party service failures.
14. Maintenance and external services
Hosting, domain name, CMS or plugin services may be required for the website to function.
The service provider cannot guarantee the continuity or permanent availability of these third-party services.
15. Limitation of liability
The service provider commits to using all necessary means for the proper delivery of services.
Their liability cannot be engaged for:
- Service interruptions related to third-party providers
- Content provided by the client
- Loss of business related to the use of the website
16. Termination
Either party may terminate a service in the event of a serious breach of contractual obligations that remains unremedied within 15 days following formal notice by registered letter with acknowledgement of receipt.
For hosting and site management subscriptions, termination is subject to the conditions set out in article 6 of these Terms. Early termination outside of a serious breach commits the client to paying all remaining instalments due until the end of the current commitment period.
Services already performed remain payable by the client in all cases.
17. Applicable law
These Terms and Conditions are governed by French law.
Any dispute shall be submitted to the competent French courts.