Terms of sale

These terms apply to the services sold by KB Digital Services LLC (the "provider") on kevin-boileux.com: small business websites, websites with an admin panel, custom applications, website redesigns, hosting, maintenance and custom development. The provider's full identity is given in the legal notice.

Each service is covered by a quote. The accepted quote and these terms form the contract; if they conflict, the quote prevails.

The quote is free and detailed: it lists the pages and features, the price of each item, the delivery time, the deposit and, where relevant, the hosting renewal rate. It remains valid for the period it states.

The order is firm when the client accepts the quote, by signature or from the client area. The maintenance plan can be taken on its own, by accepting its quote.

Prices are in euros. Prices shown on the site are starting prices; the firm price is the one on the accepted quote.

The provider is established outside the European Union and does not charge VAT: prices are net. Each invoice carries the statement that applies to the client:

• business client: "Reverse charge: VAT due by the recipient" (article 283-2 of the French General Tax Code, article 196 of Directive 2006/112/EC); the client is responsible for accounting for the VAT;
• individual client: "VAT not applicable, provider established outside the EU" (article 259-2° of the French General Tax Code).

Unless the quote says otherwise: a deposit, whose amount is on the quote, is paid on acceptance, and the balance at launch. The maintenance plan is invoiced monthly. Invoices are payable by the due date they state.

Payment is by bank transfer, using the details stated on the invoice.

Business client: any amount unpaid at the due date bears, from the next day and without reminder, late-payment penalties equal to three times the French legal interest rate, plus a fixed €40 recovery fee (French Commercial Code, articles L441-10 and D441-5).

Individual client: amounts due bear interest at the legal rate from a formal notice (French Civil Code, article 1231-6). The fixed €40 fee does not apply.

If a formal notice remains unanswered for 15 days, the provider may suspend ongoing work and maintenance until payment.

The delivery time is stated on the quote. For a standard small business website, it is about one week, longer depending on the project's complexity. It runs from payment of the deposit and receipt of the necessary content (texts, photos, logo, access); any delay in providing them, or in approvals, extends it accordingly.

For a consumer client, if the agreed timeline is not met, the client may, after asking the provider to perform within a reasonable additional period, terminate the contract (French Consumer Code, article L216-6).

The client provides the site content and warrants holding the necessary rights (texts, photos, logos, trademarks). The client reviews and approves the mockup, then the site before launch, and answers the questions needed to build it.

The site is shown to the client before launch. Approval, or the absence of written reservations 15 days after it is shown, constitutes acceptance. Defects reported within 30 days of launch are fixed free of charge.

For a consumer client, these provisions add to the legal guarantee of conformity for digital content and services (French Consumer Code, articles L224-25-12 et seq.) and do not limit it.

Once the price is paid in full, the client holds the economic rights to the elements created for them (design, texts written by the provider, specific source code): rights of reproduction, representation, adaptation and modification, worldwide and for the legal term of copyright protection. The source code is handed over on request.

Open source components and third-party libraries remain under their own licenses. The provider keeps its generic tools and know-how, which it may reuse.

The domain name is registered in the client's name or transferred to them on request. Until full payment, the provider retains the rights. Unless the client objects, the provider may list the project in its portfolio.

Where the offer includes them, hosting and the domain name are included for the first year from launch. They then renew every year at cost, with no markup, at the rate stated on the quote; the client is notified at least 30 days before the renewal date and may decline the renewal.

The client may move the site to another host at any time: the files, code and database are then handed over. The site is hosted in Germany. The provider takes reasonable steps to keep it available, without being able to guarantee there will be no interruption.

The maintenance plan (from €49 per month) includes security updates, daily backups, website monitoring and technical support for questions and small fixes. If the site goes down, the provider responds within 12 business hours (Paris time).

The plan has no minimum term: it can be cancelled at any time by email to contact@kevin-boileux.com, effective at the end of the current month; the month started remains due. New features and improvements are not included: they are billed at €500 per day, on a prior quote.

A consumer client has 14 days from acceptance of the quote to withdraw, without giving any reason (French Consumer Code, article L221-18). A clear statement sent to contact@kevin-boileux.com is enough, for example using the template below. Payments made are refunded within 14 days, using the same payment method.

Work does not start before the end of this period unless the client expressly asks for it. If the client asks for the service to start earlier and then withdraws, they pay for the work already done (article L221-25). If the client asked for performance before the end of the period and acknowledged losing the right of withdrawal, the right no longer applies once the service has been fully performed (article L221-28, 1°).

Template: "To KB Digital Services LLC, contact@kevin-boileux.com. I hereby give notice that I withdraw from the contract for the following service: [service], accepted on [date]. Name: [name]. Address: [address]. Date: [date]."

The right of withdrawal does not apply to business clients.

The provider has an obligation of means. It is not liable for content supplied by the client, nor for indirect damage (loss of revenue, customers, or data not backed up by the client outside maintenance). For a business client, its liability is limited to the amount paid for the service concerned.

Personal data processed in connection with an order is described in the legal notice.

Any complaint should first be sent to the provider, by email to contact@kevin-boileux.com: it is the fastest route, and most disagreements are settled that way. Failing agreement, the client retains all their rights, including the right to go to the competent court.

These terms are governed by French law. In case of dispute, the French courts have jurisdiction, without prejudice to the protective rules that consumers enjoy, including the option to bring proceedings in the courts of their place of residence.