Version of 29 September 2026. Courtesy translation: the French version prevails in case of discrepancy.
1. Purpose and scope
These general terms of sale (GTS) apply to the services of Nicolas Lauwick, a sole trader (entrepreneur individuel) trading under the name DataPet (SIREN 841 922 040), hereinafter “the Provider”, to business customers, hereinafter “the Customer”. Any order constitutes acceptance of the GTS, which prevail over any other Customer document unless otherwise agreed in writing.
2. Quotes and orders
Each service is the subject of a detailed quote, valid for 30 days. Quotes and contracts are sent and signed exclusively remotely, by electronic means; no quote is signed on the Customer’s premises. The order is firm upon receipt of the signed quote and the deposit. Any service not provided for in the quote is the subject of an additional quote or is billed at the time spent, at the current rate.
Changes estimated at more than one working day are the subject of a fixed-price quote, preceded by a written scoping. Shorter changes are billed at the actual time spent or deducted from an hour pack.
3. Prices
Prices are expressed in euros excluding VAT, with VAT added where applicable, as stated in the quote. Licences for paid themes or modules, subscriptions to third-party services and hosting remain the Customer’s responsibility.
4. Payment terms
- Website creation: 30% on order, 40% on approval of the designs, 30% on delivery.
- Other projects: 30% on order, balance on delivery.
- Subscriptions: automatic monthly debit, or a single payment at the start of the commitment for the yearly plan.
Invoices are payable on receipt. Any late payment automatically incurs penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 points, as well as a fixed recovery cost indemnity of €40 (articles L441-10 and D441-5 of the French Commercial Code). The Provider may suspend its services until full payment.
5. Designs and content
For any website creation, no development starts before the written approval of the designs or of the chosen theme. Any change to the design after approval is billed at the time spent.
The Customer supplies the content (texts, images, product files) within the agreed times and guarantees that they hold the rights to it. If the content is not supplied within 30 days of the request, the project is suspended and the current stage is billed.
6. Deadlines and acceptance
The deadlines in the quote are indicative and do not constitute a commitment; the Provider does everything to meet them. They run from receipt of the deposit and the necessary elements, and are extended accordingly if the Customer is late in supplying content, access or approvals. Delivery is deemed accepted if the Customer raises no written and reasoned reservation within 8 days of it being made available.
7. Warranty
For 30 days after delivery, the Provider corrects free of charge any defect attributable to their work. This warranty covers neither changes, nor malfunctions caused by an intervention of the Customer or a third party, an update of third-party software or the hosting.
8. Ownership and reversibility
Upon full payment of the price, the Provider assigns to the Customer, on an exclusive basis, the economic copyright in the specific code developed for them: rights of reproduction, performance, adaptation, modification, translation and correction, for any use related to the Customer’s business, on any medium, worldwide and for the whole legal duration of copyright protection. The price of this assignment is included in the price of the service. Content supplied by the Customer and their access remain theirs. Third-party software components (CMS, modules, themes, libraries) remain subject to their own licences. The Provider may cite the Customer and the project among their references, unless the Customer objects in writing.
9. Maintenance subscriptions
- Monthly plan: initial commitment of 3 months, then tacit monthly renewal, cancellable in writing with one month’s notice.
- Yearly plan: 12-month commitment, price paid at once at the start of the commitment. It is tacitly renewed for 12 months at each anniversary, unless written cancellation is received at least 2 months before the anniversary. Early cancellation gives rise to no pro rata refund.
- Where the Customer is not a business, in particular an association, the Provider informs them in writing, at the earliest three months and at the latest one month before the cancellation deadline, of the possibility of not renewing the subscription (article L215-1 of the French Consumer Code).
- Included hours of work do not carry over from one month to the next. Beyond them, interventions are billed and deducted at the actual time spent.
- Response times are in working days (Monday to Friday, 9 am to 6 pm French time). Interventions in the evening, at weekends or on a public holiday are carried out subject to the Provider’s availability, without guarantee.
- Prices may be revised once a year, on 1 January, with 2 months’ notice.
- For a site not built by the Provider, an express audit is carried out beforehand; defects existing before the start of the subscription are not covered.
- At the end of the subscription, the Provider hands over to the Customer all access details and the latest full backup.
10. Liability
The Provider is bound by an obligation of means. Their liability is limited to direct damage and, all losses combined, to the amount excluding VAT actually paid by the Customer for the service concerned over the last 12 months. They cannot be held liable for indirect losses (loss of turnover, of data not backed up by the Customer, of reputation), nor for failures of the host or third-party services chosen by the Customer. The Provider holds professional liability insurance.
11. Personal data
When accessing personal data processed by the Customer (customers, orders), the Provider acts as a processor within the meaning of article 28 of the GDPR: they process it only on the Customer’s instructions, solely for the purposes of the service, ensure its confidentiality and security, and do not keep it beyond the assignment. The terms of this processing are set out in article 15.
12. Confidentiality
Each party keeps confidential the other’s information that it becomes aware of, in particular access details, for the duration of the relationship and for 2 years afterwards.
13. Force majeure
Neither party can be held liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code.
14. Governing law and disputes
These GTS are governed by French law. In the event of a dispute, the parties first seek an amicable solution. Failing that, the dispute is brought before the competent courts of the district of the Provider’s registered office.
15. Appendix: processing of personal data on behalf of the Customer
This article constitutes the processing contract provided for in article 28 of the GDPR, where the service gives the Provider access to personal data processed by the Customer.
- Subject matter and duration: the processing strictly necessary for the service (creation, maintenance, correction, migration, technical hosting), for its duration.
- Data and data subjects: those present in the Customer’s website or software, generally the identity, contact details and order history of its customers, prospects, members or users.
- Instructions: the Provider processes the data only on the Customer’s documented instruction (quote, ticket, email) and informs them if an instruction appears to them to infringe regulations. They make no transfer outside the European Union without the Customer’s written agreement.
- Confidentiality and security: the Provider works alone and is bound by confidentiality; they protect access (passwords in an encrypted vault, SSH keys, two-factor authentication where the service allows it) and work on copies where possible.
- Sub-processors: the Provider uses none without the Customer’s prior written agreement. Providers chosen by the Customer (host, email services) fall under the direct relationship between the Customer and those providers.
- Data breach: the Provider notifies the Customer of any personal data breach they become aware of, as soon as possible and at the latest 48 hours after noticing it, with the information useful for any notification to the supervisory authority.
- Assistance to the Customer: the Provider helps the Customer, as far as possible, to respond to requests to exercise data subjects’ rights and to meet their security and impact-assessment obligations.
- End of the service: the Provider deletes the copies of data they hold, after returning to the Customer their access details and latest backup, unless a legal retention obligation applies.
- Audit: the Provider makes available to the Customer the information necessary to demonstrate compliance with these obligations.
