Terms of Service
Introduction
These general terms of sale apply to all services provided by Dimitri Bourreau, freelance developer, hereinafter referred to as "the Provider." Acceptance of a quote constitutes acceptance of these terms. They govern web development services.
Article 1: Purpose
Services include web development, website creation, and web applications (SaaS, corporate sites, e-commerce, web applications).
Article 2: Pricing and billing
Two billing methods: fixed price (based on validated quote, any modification requires an amendment) or daily rate (billed monthly based on actual hours). Prices are exclusive of taxes. The Client reimburses documented expenses (travel, meals, etc.).
Article 3: Payment terms
Fixed-price contracts: 30% deposit upon signing, balance upon delivery. Time-based contracts: monthly billing, payment within 15 days. Accepted payment method: bank transfer.
Article 4: Hosting and tools
The Client may manage hosting and tools independently. Alternatively, the Provider can manage them with separate billing for hosting, domain and tool costs.
Article 5: Client file provision
The Client must provide all necessary elements (texts, fonts, images) free of rights before development begins. The Provider disclaims any responsibility for spelling errors or copyright violations in provided content.
Article 6: Scope changes
New developments require separate quotes. Modifications involving excessive duration, significant scope changes, or source file processing require additional quotes.
Article 7: Delivery timelines
Fixed-price contracts specify timelines; Client-requested modifications extend timelines. Time-based projects have mutually agreed durations, adjustable with reasonable notice.
Article 8: Client collaboration
The Client must provide necessary information, respond promptly to requests and validate deliverables. Delays in providing materials or approvals postpone delivery dates.
Article 9: Acceptance and delivery
Code updates are published to the Client's version control system or staging environment. Fixed-price contracts: 7 business days to report issues; silence constitutes acceptance. Time-based contracts: continuous validation per agreed process.
Article 10: Confidentiality
The Provider maintains strict confidentiality regarding Client information during the contract and for 2 years after its end, except for publicly available information or prior knowledge.
Article 11: Rights transfer
Usage and modification rights are transferred upon full payment (unless otherwise stated). The Provider transfers representation, usage, modification and translation rights while retaining moral and attribution rights. Rights valid worldwide for the duration of copyright.
Article 12: Late payment
In accordance with the Commercial Code: late payments incur penalties at the legal interest rate × 3 plus €40 fixed recovery compensation. Additional costs may be claimed with supporting documents. The Provider may engage collection services and suspend/cancel services without notice or refund.
Article 13: Termination for breach
Non-compliance triggers a 15-day formal notice by registered mail. Non-compliance results in contract termination without compensation.
Article 14: Termination without cause
Either party may terminate with 2 weeks written notice (email/mail). The Provider retains payments received; the Client may freely use delivered work per Article 11. Services during notice period are billed as agreed.
Article 15: Force majeure
Unforeseeable and external circumstances (natural disasters, network failures, transport blockages) suspend obligations until resolution. The affected party must notify within 5 business days; parties then agree on continuation terms.
Article 16: Liability
The Provider is subject to an obligation of means. Liability is limited to amounts received in the preceding 12 months. The Provider is not liable for indirect damages (data loss, lost profits, reputation damage). The Client is solely responsible for backups and production environments.
Article 17: Portfolio use
Unless otherwise specified, the Provider may publicly display completed work indefinitely for portfolio purposes.
Article 18: Terms modification
The Provider may modify these terms without notice. Modifications do not apply to existing contracts without express agreement.
Article 19: Dispute resolution
The contract is governed by French law. Parties seek amicable resolution; unresolved disputes are brought before the competent court.
Last updated: January 2026