Terms and conditions of sale

The Terms apply to every order for services placed with DMA Digital: creation of brochure websites and ecommerce websites, landing pages, website redesigns, SEO, maintenance and related services. They are always provided with the quote and take precedence over any other document, unless special conditions have been agreed in writing.

Signing the quote (including electronically) constitutes full and unreserved acceptance of these Terms, which the Client acknowledges having read.

Each service is the subject of a free, detailed written quote setting out the scope, the deliverables, the provisional timetable and the price. The quote is valid for 30 days from the date of issue.

The order becomes firm on receipt of the signed quote together with the deposit provided for in Article 3. Any request outside the scope of the quote (an additional feature, page or content) is the subject of a priced amendment, accepted before the work is carried out.

Prices are stated in euros. Unless otherwise stated in the quote, the following payment schedule applies to design and build services:

On order

30% deposit, starts the design phase

On approval of the designs

40%, starts development

On delivery

30% balance, due before go-live

Invoices are payable on receipt, by bank transfer or card. In accordance with Article L.441-10 of the French Commercial Code (Code de commerce), any late payment automatically incurs penalties calculated at the European Central Bank's key interest rate plus 10 percentage points, together with a fixed recovery fee of €40. No discount is given for early payment.

DMA Digital reserves the right to suspend the services in the event of non-payment, after a formal notice (mise en demeure) has remained without effect for 8 days.

The provisional timetable is set out in the quote. It runs from receipt of the deposit and of all the items needed to start (content, access, visual identity).

Timescales are automatically suspended while DMA Digital is waiting for an item, an approval or feedback from the Client. A delay attributable to such waiting cannot give rise to any penalty or to termination.

• Provide, within the agreed timescales, the content (text, images, logos), access and information needed to carry out the work;
• Guarantee that it holds the rights to all the items supplied and that they do not infringe any third-party rights: the Client indemnifies DMA Digital against any claim on this basis;
• Give its approval at each milestone (designs, staging) within 10 working days; after this period, and following a reminder, the milestone is deemed approved;
• Appoint a single point of contact authorised to give approvals.

The design phase (mock-ups) and then the staging phase each include two rounds of revisions: the Client sends its change requests in a single consolidated list; within a round, there is no limit on the number of changes requested.

Additional rounds, or requests that call into question items already approved at an earlier milestone, are the subject of a priced amendment before the work is carried out.

The work is made available to the Client in a staging environment for acceptance testing. The Client has 10 working days to notify any reservations, precisely and in writing. At the end of acceptance testing (or if no reservation is made within that period), delivery is deemed compliant and the site goes live once the balance has been paid.

Correction of blocking defects found during acceptance testing is included. Requests for changes made at this stage fall under Article 6.

The work created for the Client (design, content produced, custom development) is assigned to the Client, for the uses specified in the quote, upon payment of the price in full. Until such payment, it remains the property of DMA Digital.

The following are excluded from the assignment: the tools, methods and know-how of DMA Digital, and third-party components (libraries, fonts, services), which remain governed by their own licences, of which the Client is informed.

Unless the Client refuses in writing, DMA Digital may mention the work as a commercial reference (name, logo, screenshots and, where applicable, anonymised results), in particular on its website and marketing materials.

Every project includes 6 months of support after go-live: correction of reproducible defects attributable to the service, free of charge.

For a website redesign, this support also includes monitoring the site's positions in Google search results for those six months, with no commitment to any ranking.

Beyond that period, maintenance is covered by a separate contract setting out its scope (corrective maintenance, updates, backups, monitoring) and its target response times according to severity: 24 hours for a blocking defect, 48 hours for a major defect, 5 working days for a minor request.

Third-party subscriptions and services (hosting, domain name, email marketing, licences) are taken out in the Client's name; the Client remains the holder and bears their cost.

DMA Digital is bound by an obligation of means (obligation de moyens, a duty to use its best efforts). The levels of traffic, search engine ranking or conversion mentioned in discussions, quotes or case studies are objectives or past observations, not a commitment to achieve a result.

The liability of DMA Digital, for all causes combined, is limited to the amount excluding tax actually paid by the Client for the service concerned. It does not cover indirect loss (loss of business, revenue, data or reputation), nor malfunctions attributable to third-party services, to the hosting provider, or to any intervention by the Client or a third party on the deliverables.

Each party undertakes to comply with the regulations that apply to the protection of personal data. Where DMA Digital processes data on the Client's behalf as part of a service, a data processing agreement complying with Article 28 of the General Data Protection Regulation (GDPR) is entered into. The processing carried out by DMA Digital as controller is described in the privacy policy.

In the event of a serious breach by either party that is not remedied within 15 days of a formal written notice, the other party may terminate the order automatically (de plein droit).

If the Client terminates or abandons the project, the phases completed and the phase in progress remain payable in proportion to the work done; the deposit is retained by DMA Digital as a fixed indemnity for the work undertaken.

Neither party can be held liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil). Obligations are suspended for the duration of the event; if it lasts more than 60 days, either party may terminate without compensation, and the services already performed remain payable.

In the event of a dispute, the parties shall first seek an amicable solution. Failing that, the courts within the jurisdiction of Melun shall have exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings (appel en garantie).

These Terms and the services they govern are subject to French law. The applicable version is the one in force on the date the quote is signed; it is identified by its date and version number at the top of this document. For any questions: hello@dmadigital.fr.