Terms and conditions of sale — Digital services

Article 1 — Identity of the service provider

Mathieu Michel, sole trader (entrepreneur individuel), operating under the trading name Ancrage
54 boulevard Guillaume Apollinaire, 06600 Antibes, France
SIREN: 902 010 024
SIRET: 902 010 024 00021
Email: mathieu@ancrage.studio
Phone: +33 7 64 16 03 52

Article 2 — Purpose and scope

These terms and conditions of sale govern the website creation, web design, development, integration, optimisation, maintenance and support services, as well as the other digital services offered by Ancrage.

The accepted quote, these terms and conditions of sale and any appendices constitute the contractual agreement between the parties.

In the event of any contradiction, the specific provisions of the signed quote prevail.

Article 3 — Quote and order

• Every project is covered by a quote.
• The order becomes firm once the quote is accepted in writing.
• Work starts once the 50% deposit has been received.
• The deposit is 50% of the total amount stated in the quote.
• Ancrage is not required to start work before that deposit has been paid.

Article 4 — Prices and VAT

The applicable prices are those stated in the accepted quote. They are expressed in euros and correspond to net prices.

VAT not applicable — Article 293 B of the French General Tax Code.

Additional requests that are not included in the initial quote are covered by an additional quote or by additional invoicing accepted by the client.

Article 5 — Payment

• 50% deposit on order, before work starts.
• Remaining 50% after final approval and before the final go-live or the transfer of the website.
• No discount for early payment, unless otherwise agreed in writing.
• Any bank charges remain payable by the client.

For business clients: any amount left unpaid on its due date automatically gives rise, without prior reminder, to late-payment interest calculated at three times the French statutory interest rate, together with a fixed indemnity of €40 for recovery costs. Additional compensation may be claimed, on presentation of evidence, where the costs actually incurred exceed that amount.

Article 6 — Client obligations

The client undertakes to:

• Provide the necessary texts, images, logos, access details and information
• Check that they hold the rights of use
• Reply within the required timeframes
• Approve the various project stages
• Check the content before publication

Delays on the client's side may push back the delivery schedule.

Article 7 — Deadlines

Deadlines start once the quote, the deposit and all the required materials have been received.

Deadlines are indicative, unless otherwise committed to in writing in the quote.

Any significant change to the scope, or any delay on the client's side, may lead to a revision of the schedule.

Article 8 — Changes and approval

The number of rounds of feedback included is the number stated in the offer or in the quote.

Any request going beyond the agreed scope may be invoiced separately.

Go-live takes place after written approval by the client and full payment of the amounts due.

Article 9 — Hosting and domain name

Hosting and the domain name are not included in the creation offers.

They are purchased, paid for and renewed directly by the client. Ancrage can support the client in setting them up.

The client remains responsible for paying and renewing their subscriptions with the providers concerned. Ancrage cannot be held liable for an interruption caused by the failure to renew hosting, a domain name or a third-party service.

Article 10 — Maintenance and support

Maintenance and support after delivery are not mandatory.

The Site Care, Peace of Mind and Partner plans are optional services, separate from the initial creation of the website.

Their duration, scope, renewal and termination conditions are set out in the corresponding quote or contract.

No automatic renewal may be applied without the client being informed and explicitly accepting it.

Article 11 — Intellectual property

• The rights to the elements created specifically for the client are transferred after full payment, within the limits set out in the quote.
• Pre-existing tools, methods, generic components, libraries, templates and know-how remain the property of their holder.
• Third-party elements remain subject to their own licences.
• The client warrants that they hold the rights to the content they provide.

Article 12 — Liability

Ancrage is bound by an obligation of means (obligation de moyens).

Ancrage does not guarantee:

• A specific ranking on Google
• A given number of visitors
• A given level of revenue
• Permanent availability of third-party services

Ancrage cannot be held liable for outages or changes originating from the hosting provider, the registrar, an API, a social network or any other external provider.

After delivery, the client is responsible for their access details, renewals and backups where no support contract has been taken out.

Article 13 — Interruption or cancellation of the project

If the client cancels after work has started:

• The deposit is retained to cover the work already committed
• Services already performed beyond the deposit may be invoiced
• Unpaid elements are neither delivered nor transferred

If completion becomes definitively impossible due to Ancrage, the amounts corresponding to the services not performed are refunded.

Article 14 — Right of withdrawal where applicable

These services are primarily intended for business clients.

However, where a client is legally entitled to a right of withdrawal, in particular in the situations provided for by Article L.221-3 of the French Consumer Code, they have a period of fourteen days under the conditions set out by law.

If the client expressly requests that the service start before the end of that period, they must make an express request on a durable medium. In the event of withdrawal after performance has started, the amount corresponding to the work actually carried out may remain payable under the conditions set out by law.

Article 15 — Force majeure

Neither party may be held liable for a delay or non-performance caused by an event of force majeure as recognised under French law.

Article 16 — Confidentiality

Confidential information exchanged as part of the project must not be disclosed, except where required by law or agreed by the other party.

Article 17 — Governing law and disputes

These terms and conditions are governed by French law.

In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action. Failing agreement, the dispute falls within the jurisdiction of the courts having competence under the applicable legal rules.

Appendix — Model withdrawal form

To be completed and returned only if the right of withdrawal applies to your situation.

For the attention of Mathieu Michel (Ancrage), 54 boulevard Guillaume Apollinaire, 06600 Antibes, France — mathieu@ancrage.studio

I hereby give notice that I withdraw from the contract for the following services:
— Service ordered: ..............................
— Ordered on: .......... / Quote accepted on: ..........
— Client name: ..............................
— Client address: ..............................
— Date: ..........
— Signature (if this form is sent on paper): ..............................