Terms
of sale.

These terms govern services provided by BEN WEB (Benjamin Ikhmim, sole trader), hereafter the “Provider”, to professional customers, hereafter the “Client”. Placing an order constitutes unconditional acceptance of these terms.

1. Scope

Services are offered exclusively to professional clients: companies, retailers, restaurants, associations and self-employed people acting in a business capacity. They do not constitute sales to consumers within the meaning of the French Consumer Code.

Contracts are concluded remotely, in writing or by video call. The withdrawal right provided by the French Consumer Code does not apply to business-to-business relationships.

2. Quotes and orders

Each service is covered by a written quote specifying scope, price and timeline. Quotes are valid for thirty days. An order becomes binding when the Client accepts it in writing, by signature or email agreement.

Any request outside the quote is additional work and requires a new quote.

3. Prices

Prices are fixed, stated in euros and agreed before work begins. VAT is not applicable under Article 293 B of the French General Tax Code.

The Client bears costs not included in the quote: domain name, hosting, third-party licences and subscriptions, printing physical materials including NFC cards, payment provider fees and, generally, any third-party service.

4. Payment

Payment is due in full when ordering, following the initial scoping discussion. Work starts on receipt of payment. An invoice is always issued.

For projects with an agreed instalment schedule, late payment automatically incurs penalties at three times the statutory interest rate and a fixed recovery charge of 40 euros, under Articles L.441-10 and D.441-5 of the French Commercial Code.

5. Client obligations

The Client supplies necessary materials promptly: text, images, logos, technical access and business information. The Client warrants that they hold the rights to supplied content and indemnifies the Provider against related claims.

The Client appoints one contact authorised to approve project stages.

6. Process, feedback and approval

After delivery of the first version, the price includes three rounds of feedback. Each round combines all requests into one submission. Additional rounds are charged at the current rate, communicated before work starts.

If the Client provides no written feedback within seven days of a version being made available, that version is considered approved and the project continues or closes.

7. Timelines

Timelines start once payment and all necessary materials have been received. They are paused while waiting for content, access or approval from the Client.

Timelines on this website are indicative; only the timeline stated in the quote is binding on the Provider.

8. Delivery

Delivery takes place when the work goes live or when files and access credentials are transferred. This constitutes acceptance of the work.

9. Warranty

The Provider will correct faults free of charge for thirty days after delivery, provided any fault in the delivered work is reported in writing.

This warranty excludes enhancements and additional features, changes by the Client or third parties, failures of third-party services including hosting or platforms, and incompatibilities with obsolete devices or browsers.

10. Cancellation

If the Client cancels after work has started, payments made are retained in full by the Provider, as resources have been committed and work begun. Work completed up to cancellation is handed over to the Client.

If the Provider cancels, sums corresponding to work not performed are refunded within thirty days.

11. Intellectual property

Rights to use the deliverables transfer to the Client on full payment for the service. Until full payment, deliverables remain the Provider’s property and may not be used.

The Provider retains ownership of pre-existing generic tools, libraries, scripts and components reused in the project. The Client receives a right to use them within the project.

Unless the Client objects in writing, the Provider may name the project and show visuals as a professional reference.

12. Hosting and third-party services

Domain names, hosting and third-party accounts are registered in the Client’s name and remain their property. The Provider may set them up but is not responsible for service interruptions, price changes or failures.

13. Liability

The Provider undertakes an obligation of reasonable care. Any liability is limited to the amount actually paid by the Client for the relevant service.

Indirect losses are excluded, including lost revenue, customers, data or reputation. The Client remains responsible for published content and compliance with regulations applying to their business.

14. Confidentiality

Each party agrees not to disclose confidential information received during the project, throughout the project and for two years afterwards.

15. Force majeure

Neither party is liable for failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code. Timelines are suspended for the duration of the event.

16. Personal data

Data processing is described in the privacy policy.

17. Governing law and disputes

These terms are governed by French law. In a dispute, the parties agree to seek an amicable solution before taking action. Failing agreement, the dispute will be brought before the competent French courts.