Terms and conditions

These general terms govern, on the one hand, the use of the website rizen-agency.com and, on the other hand, the website and online store concept, design and development services provided by Jérémie Delmas, sole trader (hereinafter “the Provider”), to his clients (hereinafter “the Client”).

The services are reserved for professional clients acting in the course of their business. Any request from a consumer is subject to separate terms sent with the quote.

Any order implies unreserved acceptance of these terms, which prevail over any other document of the Client, unless otherwise agreed in writing.

1. Use of the website

The website is made available for information purposes. The Client shall refrain from any fraudulent use, any attempt to interfere with the operation of the website and any unauthorised extraction of its content. The Provider may change or suspend the website at any time.

2. Quote and order

Each service is covered by a written quote detailing the scope, the deliverables, the indicative timeline and the price. The quote is valid for 30 days. The order becomes firm on two conditions: the quote has been signed and the agreed deposit has been received.

3. Price and payment

Prices are stated in euros, net of tax: VAT not applicable, article 293 B of the French General Tax Code. Unless otherwise stated in the quote, payment is made by bank transfer according to the following schedule: 50% on order, 50% on delivery, before the logins are handed over.

Any late payment automatically gives rise to penalties at three times the legal interest rate, together with a fixed indemnity of €40 for recovery costs, without prejudice to additional costs on presentation of supporting documents. In the event of late payment, the Provider may suspend the service after formal notice has remained without effect for 8 days.

4. Client's obligations

The Client appoints a single point of contact and provides, within the agreed time, everything needed to carry out the work (content, text, images, technical access, feedback and approvals). The Client warrants that it holds the rights to the items it provides and indemnifies the Provider against any third-party claim in this respect.

Any delay or failure on the Client's part pushes back the schedule accordingly, without the Provider being liable.

5. Process, timelines and deadline guarantee

The delivery time is stated in the quote. It runs from the day the Provider has received the deposit and all the items needed to carry out the work (content, text, images, technical access). The starting point is notified to the Client in writing.

For offers with a guaranteed deadline, if the website is not put online within the time stated in the quote, the Client may request a full refund of the deposit paid, in writing and within 15 days of the due date. The refund is made within 30 days.

This guarantee does not apply where the overrun results from a delay by the Client in providing items or approvals, from a request outside the initial scope, from the unavailability of a third-party service, or from a case of force majeure. The deadline is then extended accordingly.

6. Changes to the scope

Any request outside the scope defined in the quote (additional pages, features, graphic redesigns) is covered by a priced amendment, approved in writing before the work is carried out. Rounds of revisions are limited to the number set out in the quote; beyond that, they are billed on a time-spent basis.

7. Delivery and acceptance

On delivery, the Client has 7 days to report in writing any non-conformity with the scope of the quote. After this period, or if the website is put online at the Client's initiative, the service is deemed accepted. Final go-live is conditional on payment in full.

8. Conformity warranty

For 30 days after delivery, the Provider corrects free of charge any reproducible blocking defects attributable to his work. The following are excluded: enhancements, new requests, and malfunctions linked to a change made by the Client or a third party, to an external service or to a change of environment. Beyond that period, any work is subject to a quote.

9. Hosting, domain name and maintenance

Hosting, domain name registration and maintenance are not included, unless expressly stated in the quote. Where these are set up for the Client, the Client becomes their holder and remains responsible for renewing and paying for them when due.

10. Shopify stores

The following provisions apply to store creation services on the Shopify platform. They supplement the other articles of these terms.

• Subscription and apps: the Shopify subscription and any paid apps are taken out by the Client, in its own name, with Shopify and the relevant publishers. They remain at the Client's expense and are not included in the price of the service.
• Theme: the store's theme is installed under its publisher's licence. It is not assigned to the Client in the way custom-developed code is; the Client uses it under the terms of that licence. Only the specific developments carried out for its project fall under article 11.
• Products included: the number of products put online depends on the offer chosen, namely 2 products for the Classic Store and up to 5 for the Optimised Store. Any additional product is subject to a quote.
• Timelines: the timelines stated in the quote run from receipt of all the Client's items (text, photos, logins).

11. Intellectual property and deliverables

On receipt of payment in full, the Provider assigns to the Client, on an exclusive basis and for the legal duration of the rights, the economic rights in the graphic creations and the code specifically developed for its project, together with ownership of the accounts, logins and domain name created for it.

The following remain the property of their authors and subject to their licences: third-party components, open source libraries and software, fonts, stock images and the Provider's reusable tools. Before payment in full, no right of use is assigned.

12. Subcontracting and tools

The Provider may use external providers and assistance tools, including artificial intelligence tools, for all or part of the work. He retains full responsibility towards the Client and remains the sole point of contact.

13. Confidentiality and personal data

Each party undertakes not to disclose non-public information exchanged in the course of the project (logins, business data, technical elements), throughout the relationship and for two years after it ends.

Each party complies with the regulations applicable to personal data for the processing it carries out. The processing of data collected through the website is described on the “Privacy policy” page.

14. Liability

The Provider is bound by a best-efforts obligation. Except in the case of bodily injury or gross negligence, his total liability is limited to the amount excluding tax actually paid for the service concerned. Indirect damage is excluded (loss of revenue, data, customers or reputation).

The Provider is not responsible for the content supplied by the Client, for the unavailability of or changes to third-party services, or for the consequences of a change made without his involvement. It is the Client's responsibility to keep a backup of its content.

15. Termination and abandonment of the project

In the event of a serious breach by one party that is not remedied 15 days after formal notice, the other party may terminate the contract in writing. If the project is stopped at the Client's initiative, the deposit remains with the Provider and the work carried out up to that date is due pro rata, on presentation of an invoice.

16. Force majeure

Neither party is liable for a failure caused by a case of force majeure within the meaning of article 1218 of the French Civil Code. Obligations are suspended for the duration of the event; if it lasts more than 60 days, either party may terminate without compensation.

17. References

Unless the Client objects in writing, the Provider may mention the Client's name and show visuals of the completed project as a commercial reference, on his website and in his presentation materials.

18. Governing law and disputes

These terms are governed by French law. In the event of a dispute, the parties shall endeavour to find an amicable solution before taking any action. Failing agreement within 30 days, any dispute falls within the exclusive jurisdiction of the Commercial Court of Toulouse.