General Terms and Conditions of Sale
Billy Nightingale – Website Creation & Web Development
Based in Capbreton, France – contact@billynightingale.com
1. Purpose
These General Terms and Conditions of Sale define the terms under which Billy Nightingale, a sole trader (micro-entrepreneur), provides website creation, web development, SEO (search engine optimisation), maintenance, and hosting services to professional and private clients.
Any order implies the client’s full and unconditional acceptance of these terms.
2. Quotations and Orders
Each project is subject to a personalised quotation, valid for 30 days from the date of issue.
The order becomes firm and final once the client has dated and signed the quotation and paid a deposit of 50% of the total amount.
No work will begin until this deposit has been received.
3. Pricing and Payment Terms
All prices are indicated in euros and VAT is not applicable (Article 293 B of the French General Tax Code).
Unless otherwise agreed in writing, payments are made as follows:
- 50% upon acceptance of the quotation
- 50% upon delivery of the project
Invoices must be paid within 14 days from the date of issue, by bank transfer.
4. Late or Non-Payment
In the event of late payment, penalties will automatically apply at the legal interest rate increased by 10%, without the need for any reminder.
A fixed compensation fee of €40, in accordance with Article D441-5 of the French Commercial Code, will also be due.
5. Delivery and Validation
Billy Nightingale undertakes to perform the services in accordance with the schedule agreed with the client.
Any modification requested during the project may be subject to an amendment to the original quotation.
Final delivery must be validated in writing by the client, by email or signed document.
In the absence of feedback within 7 days after delivery, the project will be considered accepted.
6. Intellectual Property
All intellectual property rights, including code, design, content, and graphic elements, remain the property of Billy Nightingale until full payment of the agreed price.
Once full payment has been made, the rights of use are transferred to the client.
Billy Nightingale reserves the right to showcase completed work for reference and communication purposes, including on his website and social media.
7. Maintenance and Hosting
Maintenance, hosting, licensing, and email services may be offered as annual plans.
Unless otherwise stated, these plans include:
- Technical updates, including CMS, themes, and plugins
- Backups
- Security monitoring
- Performance checks
They do not include:
- Content modifications
- Website enhancements
- The addition of new features
Any request outside this scope will be subject to an additional quotation.
Hosting, licensing, and email services are provided only for the duration of the plan.
In the event of cancellation, the client must ensure continuity of these services or request a migration service, billed separately.
Specific terms, including duration, pricing, and scope, are defined in the associated quotation or commercial proposal.
8. Liability
Billy Nightingale is bound by an obligation of means in the performance of services.
Liability cannot be held in cases of:
- Improper use of the website by the client
- Modifications carried out by a third party
- Failures or interruptions of services related to external providers, including hosting providers, registrars, plugins, etc.
- Temporary unavailability of the website beyond his control
9. Withdrawal and Cancellation
In the event of cancellation before the start of the project, the deposit will be retained as compensation.
If cancellation occurs during the project, the client agrees to pay for the work already completed.
Any work started is due in full.
10. Personal Data
Billy Nightingale undertakes to respect the confidentiality of information provided by the client and to comply with the General Data Protection Regulation (GDPR).
11. Applicable Law and Jurisdiction
These terms are governed by French law.
Any dispute relating to their interpretation or execution falls under the exclusive jurisdiction of the Court of Dax, France.
12. Collaboration and Client Obligations
The client agrees to provide all content, information, and approvals necessary for the proper completion of the project within the agreed deadlines.
Any delay in providing these elements may result in a postponement of the schedule without liability on the part of Billy Nightingale.