Terms and conditions of sale

1. Purpose and scope

These general terms and conditions of sale (the “Terms”) apply to all services provided by Volta Studio, hereinafter “the provider”: creation of websites, online shops and web applications, visual identity, maintenance and hosting.

They apply to business clients and private individuals alike. Rules specific to consumers are indicated in the text.

Any order constitutes acceptance of the Terms in the version in force on the date the quote is accepted. Specific conditions written on a quote take precedence over these Terms.

2. Quotes and orders

Quotes are free of charge. A quote describes the services, their price, the deposit required and the provisional schedule. It is valid until the date stated on it; after that date, its prices and timescales may be revised.

Quotes are accepted online, from the client area, by an “approved for agreement” (bon pour accord) confirmation:

• the client enters their name and ticks the box accepting these Terms;
• the date and time of acceptance and the IP address used are recorded;
• this acceptance is equivalent to a signature: it forms the contract between the parties.

The parties agree that these records constitute proof of acceptance unless proven otherwise. Any request that changes the scope during the project is the subject of an additional quote, accepted in the same way before the work is carried out.

3. Prices

Prices are stated in euros. VAT not applicable, Article 293 B of the French General Tax Code: for as long as the provider benefits from the VAT small-business exemption (franchise en base de TVA), no VAT is added to the price stated.

The applicable prices are those of the accepted quote. Any third-party costs recharged (domain name, licences, stock image libraries, paid extensions) are listed separately on it.

4. Deposit

Unless otherwise stated, a deposit of 30% of the total amount is payable on ordering. Its exact amount is shown on the quote. Work begins upon receipt of the deposit.

The balance is invoiced on delivery, or according to the payment schedule set out in the quote. If the client cancels the order after work has started, the work already carried out remains payable; the deposit is offset against that amount.

5. Payment

Invoices are payable on receipt, unless a different due date is stated on the invoice. Payment is made:

• by bank card, from the client area, on a secure payment page: card details are never passed on to the provider;
• by bank transfer, to the account details shown on the invoice.

For any invoice of €300 or more, the client may choose to pay in three interest-free instalments by card, from the client area: a first instalment on the same day, followed by two instalments at 30 and 60 days.

No discount is granted for early payment.

6. Late payment

Any late payment automatically incurs, from the day after the due date, late payment penalties calculated at three times the French statutory interest rate in force.

For business clients, a fixed compensation of €40 for recovery costs is also payable (Article L441-10 of the French Commercial Code). If the costs actually incurred are higher, additional compensation may be claimed on presentation of supporting evidence.

After a reminder that goes unanswered, the provider may suspend work in progress until all amounts due have been paid in full.

7. Timescales and collaboration

The client provides their content (text, photos, logo, access credentials) from the client area. The timescale for each stage runs from receipt of the complete content: any delay in providing it postpones delivery accordingly.

The timescales stated on the quote are carefully observed; they assume that the client responds within a reasonable time. The client warrants that they hold the rights to the content they provide (text, images, trade marks) and indemnifies the provider against any claim in this respect.

8. Approval of stages

The project progresses in stages, tracked in the client area. The mock-up, and then the acceptance version (the complete website, before it goes live), are submitted to the client, who approves them online or requests changes.

• changes that remain within the scope of the quote are included, up to the limit it specifies;
• a request that falls outside it (new page, new feature) is the subject of an additional quote;
• an approved stage is final: revisiting it may give rise to an additional quote.

Going live constitutes delivery. The client then has one month to report any defects, which are corrected at no extra charge.

9. Intellectual property

The exploitation rights in the works created for the client (mock-ups, graphics, project-specific code) are assigned to the client upon full payment of the price: rights of reproduction, public performance and adaptation, worldwide and for the statutory duration of copyright. Until full payment, the provider retains ownership of them.

The provider's generic technical building blocks and free (open source) components remain subject to their own licences; the client receives a right to use them for their website, without time limit.

The domain name is registered in the client's name, and the client remains its holder. Access credentials for the website and its hosting are handed over on delivery.

Unless the client objects, the provider may showcase the project (client name, images, link) in its portfolio and marketing materials. The client may object at any time by simple message.

10. Maintenance and hosting

Maintenance and hosting are offered as an optional monthly subscription. The content of each plan (updates, backups, monitoring, included time for changes) is set out at the time of subscription.

The subscription has no minimum term: the client may cancel it at any time from the client area. The month already begun remains payable; no subsequent month is invoiced.

On cancellation, the client keeps their website, their data and their access credentials. The provider helps them transfer these to another host if they so wish.

11. Liability

The provider is bound by an obligation of means (best endeavours): it applies its expertise and industry best practice to perform the services ordered.

It is not liable for content provided by the client, for interruptions or failures attributable to third parties (host, domain name registry, payment services, internet service providers), or for the consequences of any modification of the website by the client or a third party. No search engine ranking can be guaranteed.

For business clients, the provider's liability is limited to the amount paid for the service concerned and excludes indirect loss (loss of turnover, customers or data).

12. Right of withdrawal (consumers)

A consumer client who concludes the contract at a distance has 14 days from acceptance of the quote to withdraw, without having to give any reason. It is sufficient to inform the provider by a clear statement, for example by email to contact@volta-studio.fr.

If the client expressly requests that the service begin before the end of this period, they remain liable, in the event of withdrawal, for an amount proportionate to the work carried out up to their decision. The right of withdrawal can no longer be exercised once the service has been fully performed with their express consent.

Any sums owed to the client are refunded within 14 days of their withdrawal.

13. Consumer mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, a consumer client may refer a dispute free of charge to a consumer mediator with a view to its amicable resolution, after having sent a written complaint to the provider.

To be completed. To be completed with the chosen mediator: name of the mediator, postal address and website where a claim can be filed.

14. Personal data

The client's personal data is processed for the performance of the contract, invoicing and compliance with legal obligations. Details are set out in the privacy policy.

Where the website created collects data from its visitors, the client is the data controller; the provider is involved only for its hosting and maintenance.

15. Governing law and disputes

These Terms are governed by French law.

In the event of a dispute, the parties will first seek an amicable solution. Failing that, the dispute will be brought before the competent courts. For a business client, and to the extent permitted by law, jurisdiction is conferred on the courts of Marseille.