1. Provider and scope
Provider: Ghislain Mitahi, [legal form], registered under number [NUMBER], with registered office at [ADDRESS], represented by Ghislain Mitahi. Contact: [EMAIL]. Hereinafter “the Provider”.
These terms apply to any order placed on ghislainmitahi.com and to any quote accepted by the client. They do not apply to orders placed through a platform (ComeUp, Fiverr), which are governed by that platform’s terms, or to employment or staffing contracts, which are covered by a separate agreement.
2. Fixed-price services
Order. The client chooses a service and a plan (Essential, Pro or Premium) on the site. The content, price and timeline of each plan are those shown on the service page at the time of the order.
Payment. The price is paid in full at the time of the order, by card via Stripe. Prices are stated in euros, [excluding tax / including tax depending on the entity’s tax status].
Start. The Provider starts within 48 business hours after receiving the completed brief form and the necessary access. The delivery period runs from that time.
Revisions. The number of included revisions depends on the plan: 1 (Essential), 2 (Pro), 3 (Premium). A revision is a change request within the scope of the ordered service. Any request outside that scope is subject to a separate quote.
Delivery and acceptance. After delivery, the client has 7 days to request revisions. If no request is made within that period, the delivery is deemed accepted.
3. Custom projects (40 / 60 rule)
Quote. Every custom project is subject to a written quote specifying the scope, milestones, price and planned delivery date. The quote is valid for 30 days.
40% deposit. The project starts upon receipt of a deposit of 40% of the total price, payable when the quote is signed. Until the deposit is received, no work is started and no time is reserved in the schedule.
60% balance. The 60% balance is due on final delivery, after the client’s acceptance testing. It is payable within [7] days of the balance invoice.
Handover of code and access. Source code, files and administrator access are handed over to the client after full payment. During the project, the client can follow progress on a demo environment.
Milestones and acceptance. Each milestone includes a demo. The client has 7 days to approve a milestone or report a deviation from the quote.
Change of scope. Any feature not included in the quote is subject to a priced amendment, accepted in writing before the work is carried out.
Termination by the client. If the client ends the project before completion, the 40% deposit is retained by the Provider. Work completed beyond 40% of the scope is invoiced on a pro rata basis.
4. Client obligations
The client provides the necessary information, content (text, images, logos) and access in a timely manner. Any delay on the client’s side postpones the delivery date by an equivalent period. The client warrants that they hold the rights to the content they provide.
5. Intellectual property
The rights to exploit the deliverables are assigned to the client upon full payment of the price. Generic, reusable tools, libraries and components developed by the Provider remain the Provider’s property; the client receives a right to use them for their project. The Provider may reference the project and show screenshots of it in their portfolio, unless the client objects in writing.
6. Warranty and maintenance
For 30 days after delivery, the Provider fixes free of charge any bug related to their work. The warranty does not cover changes made by the client or a third party, updates to third-party software, or new requests. After that period, monthly maintenance with no commitment is available.
7. Right of withdrawal
The services are primarily intended for professionals. If the client is a consumer, they have a 14-day withdrawal period. By requesting that the service start before the end of that period, they acknowledge that work already performed will be invoiced to them and that they lose their right of withdrawal once the service has been fully performed. [To be checked against the applicable law.]
8. Late payment
Any late payment, following an unanswered reminder, results in the suspension of ongoing work and access, as well as [the penalties and fees provided for by the applicable law].
9. Liability
The Provider is bound by an obligation of means (best efforts). Their liability is limited to the amount paid by the client for the service concerned. They are not liable for indirect losses (loss of revenue, loss of data not backed up by the client), or for outages of hosting providers, platforms or third-party services.
10. Confidentiality and personal data
The Provider keeps the client’s information confidential and may sign a non-disclosure agreement on request. Data collected on the site (form, assistant, booking) is used solely to process the request; its processing is described in the privacy policy.
11. Governing law and disputes
These terms are governed by the law of [COUNTRY]. In the event of a disagreement, the parties first seek an amicable solution. Failing that, the dispute is brought before [COMPETENT COURT], subject to the rules protecting consumers.
12. Changes to these terms
The applicable terms are those in force on the date of the order or on the date the quote is signed. Version dated [DATE].