This English version is provided for information only. In case of any discrepancy, theFrench version prevails.
Key points
- A 50% deposit to start any app project.
- Fixed prices covering design, development and delivery.
- The code and rights are transferred to the client after full payment.
- Indicative timelines, adjusted to the complexity of the project.
- Maintenance and new features billed separately.
Preamble and definitions
Damien Ladurelle (trade name Digital Hipster) works under a French umbrella company arrangement (portage salarial), through the company JUMP - Freelancer Launchpad SAS, 7 Place de l’Hôtel de Ville, 93600 Aulnay-sous-Bois, France, SIRET 882 610 223 00019, VAT number FR 50 882 610 223. In these terms, the umbrella company and its consultant are referred to as “Digital Hipster”, and the client or prospect as “the CLIENT”. These terms and conditions of sale are referred to as “the General Terms”.
Service: the subject of the sale made by Digital Hipster, including consulting, provision of know-how, intellectual services, design of a web application or a business application.
Web application or PWA: a set of pages and features accessible via a URL and hosted on a server allowing multiple, simultaneous access over the Internet.
Sources: content needed to carry out the service (text, images, business documents). Unless stated otherwise, the CLIENT is responsible for providing them.
Requirements document: a document provided by the CLIENT, or produced with Digital Hipster for a fee, describing the expected service and its constraints.
Contractual document: a quote, purchase order, contract, requirements document or commercial proposal signed by both parties, as well as the invoices and deposit receipts issued by Digital Hipster.
Article 1 — Purpose and scope
1.1 The General Terms govern the contractual relationship between Digital Hipster and the CLIENT.
1.2 They apply to every service provided by Digital Hipster and prevail over any other purchasing terms, unless otherwise agreed in writing.
1.3 Any order implies full and complete acceptance of these General Terms.
1.4 Digital Hipster may update them, in particular to reflect legal, regulatory or technical changes.
1.5 If any provision is declared void, the others remain in force.
Article 2 — Formation and performance of the contract
2.1 Each party’s obligations arise when the CLIENT signs the contractual documents, or when the initial deposit is received.
2.2 The CLIENT is aware that an IT project may change its organization, working methods and the skills of its staff.
2.3 Digital Hipster may refuse, interrupt or modify the service, without compensation or refund of the deposit, if the CLIENT does not pay the amounts invoiced.
2.4 Digital Hipster may make non-substantial changes to its services without calling the contract into question.
2.5 Domain name, hosting and email address services are invoiced annually, on January 1.
2.6 No order may be canceled without the written agreement of Digital Hipster.
Article 3 — Price, invoicing, payment terms
3.1 The price of the service is fixed and expressed in euros.
3.2 Any order for a web application or business application requires a 50% deposit. Work starts once it has been received.
3.3 Any service not provided for in the contractual documents is invoiced in addition.
3.4 In the event of late payment, penalties equal to three times the French statutory interest rate are due, together with the fixed recovery fee of €40 (articles L. 441-10 and D. 441-5 of the French Commercial Code).
3.5 Any claim relating to an invoice must be sent in writing within ten days of receiving it.
3.6 The purchase or rental of external items (domain name, hosting, modules, licenses, images…) is at the CLIENT’s expense.
3.7 Application maintenance outside the package is billed by the hour, at the rate stated in the quote.
Article 4 — Delivery
4.1 Delivery timelines are given for information only.
4.2 The CLIENT may request in writing that delivery be postponed by up to three weeks.
4.3 Any delay by the CLIENT in providing the necessary items delays the work by the same amount.
4.4 If the delivery does not match the order, the CLIENT has two months after delivery to report it in writing.
4.5 On delivery, the CLIENT receives full access to its application.
Article 5 — Obligations and liability
5.1 Digital Hipster takes all necessary care to provide a quality service, in line with professional practice and the state of the art.
5.2 Digital Hipster acts promptly in the event of a malfunction resulting from a design or implementation defect in its solutions.
5.3 Digital Hipster cannot be held liable for any fault, negligence or lack of upkeep on the part of the CLIENT.
Article 6 — Intellectual property
6.1 Items provided by the CLIENT remain its sole property.
6.2 After full payment of the price, Digital Hipster assigns to the CLIENT the economic rights to the source code and the creations made specifically for it (reproduction, representation, adaptation and exploitation), for the full legal term of the rights and worldwide.
6.3 Digital Hipster retains ownership of its generic, pre-existing or reusable tools, libraries and know-how, and grants the CLIENT a non-exclusive right to use them as part of the delivered application. Open source components remain subject to their respective licenses.
6.4 Domain names acquired as part of a service are purchased in the name and on behalf of the CLIENT.
Article 7 — Retention of title
Digital Hipster retains ownership of the service and all its components until the price has been paid in full. The assignment provided for in article 6.2 takes effect on that date.
Article 8 — References
Unless the CLIENT refuses in writing, Digital Hipster may mention its name and the services provided as a commercial reference.
Article 9 — Confidentiality
The parties undertake to keep confidential any information and documents concerning the other party, without this preventing Digital Hipster from mentioning the business relationship.
Article 10 — Personal data
Each party complies with the applicable personal data protection regulations (GDPR). The CLIENT remains responsible for the processing carried out with the delivered application.
Article 11 — Force majeure
Digital Hipster incurs no liability for any failure to perform or delay resulting from an event beyond its control.
Article 12 — Non-solicitation
The CLIENT undertakes not to solicit any Digital Hipster staff who took part in its services, for two years after the end of the last service.
Article 13 — Governing law
These General Terms are governed by French law. In the event of a dispute, and failing an amicable agreement, the Commercial Court of Bobigny (Tribunal de commerce de Bobigny) has sole jurisdiction.