These General Terms and Conditions of Service govern the contractual relationship between David Tissot, freelance web developer, and his professional clients in the context of web development, maintenance, consulting, technical assistance or web support services.
1. Service provider
The services are provided by:
David Tissot
Freelance web developer
Micro-entrepreneur
SIRET: 75402769600030
Address: Montpellier
Email: contact[at]canardesign.com
Website: https://www.canardesign.com
2. Nature of the services
David Tissot provides services including web development, Drupal development, corrective and evolutionary maintenance, website migration, integration, theming, custom module development, technical audit, assistance, consulting and project support.
The details of the services are specified in the quotation, commercial proposal, purchase order, contract or any written exchange validated by the parties.
3. Quotation and validation
Any service is subject to a quotation, commercial proposal or written agreement specifying the scope, intervention methods, estimated deadlines and financial conditions.
Validation of the quotation or the effective start of the service constitutes acceptance of these General Terms and Conditions of Service.
4. Intervention methods
The services are mainly carried out remotely, unless otherwise agreed between the parties.
The client undertakes to provide the service provider with all information, access, documents, content, validations and elements necessary for the proper completion of the assignment.
Any delay in providing these elements may result in a postponement of the initially planned deadlines.
5. Deadlines
Delivery deadlines are provided for information purposes only, unless otherwise agreed in writing.
They may be adjusted depending on the complexity of the project, client feedback, expected validations, technical constraints or any event beyond the service provider’s control.
6. Rates
The services may be billed on a fixed-price basis, on a time-spent basis, at a daily rate or according to any other terms agreed between the parties.
The usual daily rate is between €400 and €450 excluding VAT, depending on the duration, urgency, complexity and level of commitment required.
The applicable rates are those indicated in the quotation, commercial proposal or written agreement validated by the client.
7. Invoicing and payment
The invoicing terms are specified in the quotation or commercial proposal.
Unless otherwise stated, invoices are payable upon receipt or according to the payment term indicated on the invoice.
Any late payment may result in the suspension of ongoing services until the amounts due have been paid.
In the event of late payment, late payment penalties may be applied in accordance with the applicable regulations, as well as a fixed compensation for recovery costs.
8. Scope changes
Any request not included in the initial scope of the assignment may be subject to an additional quotation or additional billing.
This includes, in particular, new features, major modifications, changes of direction, content takeovers, corrections related to third-party interventions or requests made after validation of a stage.
9. Obligations of the service provider
David Tissot undertakes to carry out the services seriously, diligently and professionally, in accordance with best practices and the information provided by the client.
The service provider is bound by an obligation of means, not an obligation of result, unless a specific written commitment has been made.
10. Obligations of the client
The client undertakes to actively collaborate with the service provider, provide the information necessary for the assignment, respond within reasonable timeframes to validation requests and report any difficulty likely to impact the project.
The client is responsible for the content, data, documents, images, texts, files, access credentials, licenses and elements provided to the service provider.
11. Acceptance and validation
When the assignment involves a delivery, the client has a reasonable period to verify the delivered elements and report any anomalies.
In the absence of feedback within 15 days after delivery, the delivered elements will be considered validated, unless otherwise agreed between the parties.
12. Maintenance and corrections
Corrections related to anomalies directly attributable to developments carried out by the service provider are handled within the framework agreed between the parties.
Requests related to evolutions, functional changes, module updates, third-party interventions, environment modifications or new needs may be subject to additional billing.
13. Intellectual property
Unless otherwise stated in the quotation or contract, specific developments carried out for the client are transferred to the client after full payment of the amounts due.
The service provider retains ownership of his methods, know-how, tools, libraries, generic components, scripts, templates, configurations or pre-existing elements used as part of the assignment.
The client remains the owner of the content, data, trademarks, visuals and elements provided to the service provider.
14. Commercial references
Unless otherwise requested in writing by the client, David Tissot may mention the client’s name, the completed project and a brief description of the assignment as a commercial reference, in particular on his website, portfolio or presentation materials.
15. Confidentiality
Each party undertakes to keep confidential the technical, commercial, financial, strategic or organizational information received as part of the assignment.
This confidentiality obligation remains applicable after the end of the assignment.
16. Personal data
As part of the assignment, the service provider may have access to certain personal data necessary for the performance of the services.
The service provider undertakes to process this data only within the scope of the assigned mission and not to use it for any other purpose.
The client remains responsible for the personal data processing operations implemented on its website, application or information system.
17. Liability
The service provider’s liability may only be incurred in the event of proven fault directly attributable to his intervention.
The service provider is covered by professional civil liability insurance for the exercise of his activity.
The service provider may not be held liable for indirect damages, operating losses, data loss, loss of turnover, damage to image or consequences related to improper use of the website, third-party intervention, hosting failure, external security breach or incomplete information provided by the client.
In any event, the service provider’s liability is limited to the amount actually paid by the client for the service concerned.
18. Professional insurance
David Tissot declares that he is covered by professional civil liability insurance corresponding to his activity as an IT service provider and to the applicable legal obligations.
Information relating to this insurance may be provided to the client upon request.
19. Backups and technical access
The client is responsible for the conservation of its access credentials, backups, data, hosting, domain names and third-party services.
Where necessary, the service provider may recommend carrying out backups before any intervention. The client remains responsible for validating and preserving these backups, unless otherwise specifically agreed.
20. Third-party intervention
The service provider may not be held liable for problems caused by the intervention of a third party, a modification carried out by the client, an external update, a hosting change, a third-party extension, a contributed module, an external API or a third-party service.
21. Termination
In the event of a serious breach by either party of its obligations, the assignment may be terminated after written notice has remained without effect for a reasonable period.
Services already performed remain payable, even in the event of early termination of the assignment.
22. Force majeure
Neither party may be held liable for a delay or inability to perform resulting from an external, unforeseeable and irresistible event, as defined by the applicable regulations.
23. Applicable law
These General Terms and Conditions are governed by French law.
24. Disputes
In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action.
Failing an amicable agreement, the dispute shall be brought before the competent courts.
25. Contact
For any question relating to these General Terms and Conditions of Service, you may contact: contact[at]canardesign.com.