Terms of sale · BoiTech

This English translation is provided for information. The French version prevails.

BoiTech Web (web.boitech.dev) designs, publishes, hosts and maintains websites by subscription. These terms of sale (the “Terms”) govern the use of the client area and every order. They apply to consumers and business clients alike; clauses specific to either are marked. The client accepts them by ticking the box provided when ordering. The applicable version is the one in force on the order date; it is sent by email with the order confirmation and can be saved or printed from this page.

1. Provider

Adrien Boitelle, sole proprietor (entrepreneur individuel, EI), trading as BoiTech (micro-entreprise)
Address: 20 bis rue Maladrerie, 76000 Rouen, France
SIRET: 933 861 288 00019
Email: contact@boitech.dev
Phone: +33 7 83 62 49 44
VAT not applicable, article 293 B of the French General Tax Code

2. Definitions

Client: anyone, consumer or business, who creates an account or places an order.
Consumer: an individual acting for purposes outside their trade, business, craft or profession.
Client area: the Client’s personal area at web.boitech.dev/my.
Request: the description of the website wanted, sent free of charge from the Client area.
Website: the website designed by BoiTech for the Client.
Subscription: the contract under which BoiTech publishes, hosts and maintains the Website for a renewable month or year, for the price.
Client Content: texts, photos, logos, information and files provided by the Client.

3. The service

The Subscription includes:

the design of a custom showcase website (presentation of the business, services, photos, contact details…), based on the Client’s Request;
its publication and hosting;
a domain name chosen by BoiTech for the Client’s business, in a common extension (such as .fr or .com) and among names sold at the usual price; the Client may say what they would like;
the security certificate (HTTPS) and security updates;
small changes requested during the Subscription (texts, opening hours, photos…), within reason.

Not included unless a quote is accepted: a complete redesign, advanced features (online shop, payments, bookings, member area…), content creation (copywriting, photography), email addresses and paid advertising. BoiTech does not guarantee any search engine ranking. The Website is designed to display properly on recent browsers, computers, tablets and phones.

4. Client area

Creating an account is free. The Client provides accurate information, keeps their credentials confidential and tells us about any unauthorized use. BoiTech may suspend an account used fraudulently or abusively, after a warning except in an emergency. The Client can delete their account at any time from “My account” when no Subscription is running. They can also delete a website from the Client area as long as no Subscription is running for it. A website left without activity is deleted after a warning by email 30 days before (see the privacy policy).

5. Process and order

Request. The Client describes the project in the Client area. Sending a Request is free and commits to nothing.
Acceptance. BoiTech answers within 2 working days. It may decline a Request, in particular if it goes beyond the service or if the intended content is illegal.
Payment method. Once the Request is accepted, the Client saves a payment card with Stripe. Nothing is charged at this stage.
Design. BoiTech designs the Website and shows screenshots of it in the Client area. The Client can ask for adjustments.
Order. When the Client approves the Website, they choose a plan and order with the “Pay … and put online” button, after a summary of the service, price, duration and renewal. They accept the Terms by ticking a first box and, by ticking a second box, ask for their Website to go online before the withdrawal period ends, acknowledging that they lose that right once it is online (article 9). The order entails an obligation to pay; the Subscription is concluded when the payment is confirmed.
Confirmation. BoiTech sends the order confirmation by email, with the Subscription’s features, its price, these Terms, the confirmation of the Client’s agreement to early publication and of the loss of their right of withdrawal, and the withdrawal form.
Publication. BoiTech publishes the Website within 15 days of the payment, notably to register or connect the domain name.

Until the order is placed, nothing is owed and either party may stop the project at any time, at no cost. The design work done then remains BoiTech’s property.

6. Price

The Subscription costs 10 € a month or 100 € a year, all taxes included (VAT not applicable, article 293 B of the French General Tax Code). The price applicable is the one shown when ordering. BoiTech may change its prices for the future: the Client is told by email at least 30 days before the renewal from which the new price applies, and may cancel at no cost before then.

7. Payment

Payment is made by card (or any other method offered on the payment page) through Stripe; BoiTech never has access to card numbers. The first period is paid when ordering, then each renewal is charged automatically on its date to the saved payment method. Invoices are sent by email and available in the Client area.

If a payment fails, the Client is told by email and can update their payment method; new attempts are made automatically for a few days. If the payment still fails, the Subscription ends and the Website is taken offline.

Business clients: any late payment automatically incurs penalties at three times the French legal interest rate and a fixed 40 € recovery fee (articles L. 441-10 and D. 441-5 of the French Commercial Code). No discount is granted for early payment.

8. Duration, renewal and cancellation

Duration. The Subscription starts when the payment is confirmed, for a month or a year depending on the plan, then renews automatically for the same duration until cancelled.

Cancellation by the Client. The Client can cancel at any time at no cost, from their Website’s page in the Client area (“Cancel your contract”), or by email. Cancellation takes effect at the end of the current period, until which the Website stays online. BoiTech confirms receipt of the cancellation by email, with the date the contract ends and its effects. The current period is not refunded, except for withdrawal (article 9) and cases provided by law.

Yearly plan. BoiTech tells the Client, in a dedicated email sent no earlier than three months and no later than one month before the renewal date, that they may choose not to renew the Subscription (article L. 215-1 of the French Consumer Code, reproduced in appendix 2).

Changing plan. The Client can switch between the monthly and yearly plans from the Client area; the difference is prorated.

Termination by BoiTech. In case of a serious breach by the Client (illegal content, non-payment, abuse), BoiTech may terminate the Subscription if the breach continues 8 days after a formal notice by email, or immediately in an emergency or for manifestly illegal content. BoiTech may also end the service with 3 months’ notice; it then refunds the part of the price for the remaining period.

End of the Subscription. The Website is taken offline and the licence to use it ends (article 11). On request within 30 days, BoiTech sends the Client their Content back. The domain name follows article 10.

9. Right of withdrawal

Consumer Clients in principle have 14 days from the order to withdraw, without giving any reason (article L. 221-18 of the French Consumer Code). Businesses with no more than five employees also have this right when the contract falls outside their main activity (article L. 221-3).

Loss of the right on publication. The Website is custom digital content supplied without a tangible medium: once online, it is fully accessible. When ordering, the Client expressly asks for it to go online before the withdrawal period ends and acknowledges that they lose their right of withdrawal as soon as the Website is online (article L. 221-28, 13° of the French Consumer Code). BoiTech confirms this agreement and acknowledgment by email, with the order confirmation. The Client can therefore withdraw as long as their Website is not online, within 14 days of the order; after that, they can cancel the Subscription at any time, effective at the end of the current period (article 8).

How to withdraw. While withdrawal is possible, the Website’s page in the Client area offers “Withdraw from the contract here”: the Client checks their details and clicks “Confirm withdrawal”. BoiTech immediately emails an acknowledgment stating the content of the declaration and the date and time it was sent. The Client can also notify us by any clear statement, for example by email to contact@boitech.dev or with the form in appendix 1. The statement only needs to be sent before the period ends.

Effects. As the Website is not online yet, BoiTech refunds all payments received within 14 days of being informed, using the same payment method and at no cost to the Client, and does not publish the Website. The design work done remains BoiTech’s property (article 11).

10. Domain name

BoiTech registers and renews the domain name in its own name and at its own cost: BoiTech is its holder and makes it available for the Client’s exclusive use during the Subscription. When the Subscription ends, the Client can have it transferred, to their own name or to the provider of their choice, on request within 30 days, provided all sums due are paid and against refunding BoiTech the current registration or renewal price, pro rata for the period still to run; the Client then renews it at their own cost. Without a request, the domain may not be renewed. If the Client already owns a domain, they remain its owner and renew it, and BoiTech connects it to the Website.

11. Intellectual property

The Client keeps the rights to their Content and allows BoiTech to use, reproduce and adapt it solely for the Website, during the Subscription.

The visual design, layout, code, templates and other elements created by BoiTech remain its property. During the Subscription, BoiTech grants the Client a personal, non-exclusive licence to use the Website online. Screenshots shown before the order are only for evaluating the project: they may not be reproduced or used. Source files are not handed over; a transfer of rights can be quoted. A withdrawal or the end of the Subscription gives the Client no right to these elements: reproducing or reusing the Website or its design (code, layout, graphics), in whole or in part, is prohibited without BoiTech’s written consent. BoiTech may list the Website among its references (name and screenshot) unless the Client objects by email.

12. Content and Client obligations

The Client provides the Content needed for the Website and guarantees they hold the rights to it (texts, photos, trademarks) and that it is lawful. They are responsible for the legal information specific to their business shown on their Website (legal notice, privacy policy), which BoiTech lays out from the information they provide. As a hosting provider, BoiTech may remove or disable access to manifestly illegal content reported to it; it tells the Client and explains its decision.

Business clients: the Client indemnifies BoiTech against any third-party claim relating to their Content.

13. Personal data

BoiTech processes the Client’s personal data as described in its privacy policy.

For the data of the Website’s visitors (for example contact form messages or server logs), the Client is the controller and BoiTech acts as processor under article 28 of the GDPR. As such, BoiTech:

processes this data only to host and run the Website, in accordance with these Terms and the Client’s written instructions;
keeps the data confidential and applies appropriate security measures (encrypted connections, updates, access control, backups);
uses OVH SAS (France) for network and email, and tells the Client about any change of sub-processor, which the Client can object to by cancelling the Subscription;
keeps server logs 14 days and hosts the data in the European Union;
helps the Client answer data subjects’ requests and meet their obligations;
notifies the Client of any personal data breach without undue delay, and within 48 hours of becoming aware of it;
deletes the data when the Subscription ends, after returning it to the Client if they ask within 30 days;
makes available to the Client the information needed to demonstrate compliance with these obligations.

14. Availability and guarantees

BoiTech takes reasonable measures to keep the Website available at all times and secure, without being able to guarantee uninterrupted availability: maintenance, technical incidents or outside networks may make it temporarily unavailable. BoiTech restores the service as soon as possible and makes regular backups.

Consumer Clients: BoiTech is liable for lack of conformity of the service appearing during the Subscription (legal guarantee of conformity for digital services, articles L. 224-25-12 and following of the French Consumer Code). The consumer can have the service brought into conformity or, failing that, obtain a price reduction or terminate the contract.

15. Liability

BoiTech is responsible for the proper performance of the Subscription. It is not liable for the Client’s Content, for use of the Website contrary to these Terms, for failures of third-party services it does not control (internet networks, domain registries), or for force majeure (article 1218 of the French Civil Code).

Business clients: BoiTech’s liability is limited to direct damage and, for all damage combined, to the amount paid by the Client in the 12 months before the event giving rise to it. Indirect damage (loss of revenue, customers or data) is excluded.

16. Changes to the Terms

BoiTech may change these Terms. The new version is sent by email at least 30 days before it applies to running Subscriptions, at their next renewal; a Client who refuses it can cancel at no cost before then. Each order remains governed by the version accepted for it.

17. Complaints and mediation

For any complaint, write to contact@boitech.dev; we answer as quickly as possible.

Consumer Clients can use a consumer mediator free of charge to settle a dispute amicably, after sending a written complaint to BoiTech (articles L. 611-1 and following of the French Consumer Code). Competent mediator: being appointed. The list of approved mediators is published at economie.gouv.fr/mediation-conso.

18. Governing law and disputes

These Terms are governed by French law. Business clients: any dispute falls under the competent courts of Rouen. Consumer Clients: the consumer may bring a claim, as they choose, before the court of the place where they lived when the contract was concluded or when the damage occurred, or any other court competent under the law.

19. Language

These Terms are written in French. This English translation is provided for information; in case of difference, the French version prevails.

Appendix 1: withdrawal information and form

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Adrien Boitelle (BoiTech), 20 bis rue Maladrerie, 76000 Rouen, France, contact@boitech.dev) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory. You can also withdraw online at web.boitech.dev/my, from your website’s page (“Withdraw from the contract here”). If you use this online function, we will send you an acknowledgment of receipt of the withdrawal on a durable medium (e.g. by e-mail) without delay, including its content and the date and time it was submitted.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The website covered by the contract is digital content supplied without a tangible medium. You expressly asked for it to go online before the withdrawal period expires and acknowledged that you will lose your right of withdrawal once it is online (article L. 221-28, 13° of the French Consumer Code). You can therefore exercise this right until your website goes online, within the period above; you are then refunded in full.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Adrien Boitelle (BoiTech), 20 bis rue Maladrerie, 76000 Rouen, France, contact@boitech.dev:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Appendix 2: articles of the French Consumer Code

Reproduced as required by article L. 215-4 of the French Consumer Code. The binding French text is in the French version; translation for information:

Article L. 215-1

For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by a dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period allowing the renewal to be refused, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, given in clear and understandable terms, states, in a visible box, the deadline for non-renewal.

When this information has not been sent to them in accordance with the first paragraph, the consumer may end the contract free of charge at any time from the renewal date.

Advance payments made after the last renewal date or, for open-ended contracts, after the date the initial fixed-term contract was converted, are then refunded within thirty days of the termination date, minus the amounts corresponding to the performance of the contract up to that date.

This article applies without prejudice to rules that legally subject certain contracts to specific consumer information requirements.

By way of exception to the first paragraph, for television service contracts within the meaning of article 2 of law no. 86-1067 of 30 September 1986 on freedom of communication and for on-demand audiovisual media service contracts, the consumer may end the contract free of charge at any time from the first renewal if they move home or their tax household changes.

Article L. 215-1-1

When a contract was concluded electronically, or was concluded by other means and the professional, on the day the consumer terminates it, offers the consumer the possibility of concluding contracts electronically, termination is made possible by that means.

To that end, the professional provides the consumer with a free feature to carry out electronically the notification and steps needed to terminate the contract. When the consumer gives notice of termination, the professional confirms receipt of the notice and informs them, on a durable medium and within a reasonable time, of the date the contract ends and the effects of the termination.

A decree sets in particular the technical arrangements ensuring the consumer’s identification and easy, direct and permanent access to the feature mentioned in the second paragraph, such as how it is presented and used. It sets the information the consumer must provide.

Article L. 215-2

The provisions of this chapter, except article L. 215-1-1, do not apply to operators of drinking water and sanitation services.

Article L. 215-3

The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.

Article L. 241-3

When the professional has not made the refund under the conditions of article L. 215-1, the sums due bear interest at the legal rate.