Terms and Conditions of Sale (T&C)
Last updated: May 29, 2026
1. Service Provider Identification
These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply to all service provisions provided by Mr. Aymerick DOMERGUE, operating as a self-employed professional, with his registered office located in Génolhac (30450), registered in the Trade and Companies Register under the number SIRET 920 369 055 00016, APE Code: 62.01Z – Computer Programming.
- Trade Name: DOMERGUE Aymerick
- Email: adomergue@ad-projects.fr
- Website: https://ad-projects.fr/
- SIREN Number: 920 369 055
2. Purpose and Scope
These GTC define the legal, technical, and financial conditions under which DOMERGUE Aymerick provides the Client with IT development services and related services.
Any order implies unconditional acceptance of these GTC, which take precedence over any contradictory document.
3. Rates
Service rates are provided in a quote and vary depending on the nature and complexity of the project.
The quote is valid for 30 days from its issue date.
Rates may be reviewed annually, with a 3-month notice period, based on cost and market developments.
Exceptional-term subscriptions may be agreed upon between the Service Provider and the Client. The terms (duration, price, payment, renewal) will be specified in the quote or specific contract.
4. Subscriptions
The Client may subscribe to a plan:
Monthly: paid on the anniversary date, automatically renewed each month.
Annual: paid in full on the anniversary date, with a discount compared to the cumulative monthly rate, automatically renewed each year.
Subscriptions are concluded for a minimum duration of 1 month (monthly) or 1 year (annual), renewable by tacit agreement.
Exceptional-Term Subscriptions
Exceptional-term subscriptions may be agreed upon between the Service Provider and the Client (e.g., 14 months). The terms (duration, price, payment, renewal) will be specified in the quote or specific contract accepted by the Client.
Exceptional-term subscriptions are non-refundable, unless otherwise expressly stipulated in the quote or contract.
Payment Terms and Suspension
Subscription payment is due on the subscription anniversary date (monthly or annual).
In case of non-payment:
reminder after 7 days,
reminder after 15 days,
suspension of services after 30 days,
possible termination beyond this point, with Client data retained for 30 days for recovery.
For exceptional-term subscriptions, the Service Provider may also suspend services in case of non-payment, in accordance with the terms specified in the quote or specific contract.
Exceptional-term subscriptions are non-refundable, unless otherwise expressly stipulated in the accepted quote or contract.
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for these services.
5. Order and Contract Formation
Any order results in the issuance of a quote specifying the technical details, indicative deadlines, deliverables, and financial conditions. Validation of the quote by any written means (signature, email, purchase order, etc.) constitutes acceptance of these GTC.
6. Execution Terms
DOMERGUE Aymerick commits to implementing all reasonable means to ensure the proper execution of the service. The Client will be informed of any foreseeable delay as soon as possible.
Delivery deadlines are provided for informational purposes only, without any firm guarantee. They may vary depending on the project’s complexity, workload, or resource availability.
The Client explicitly acknowledges that deadlines are subject to their own collaboration, including the provision of content, validations, technical access, or any other element required for the service execution.
Any delay, even partially attributable to the Service Provider, cannot result in cancellation, penalties, or compensation, unless otherwise stipulated in a signed contract between the parties.
7. Client Obligations
The Client undertakes to:
- Provide all content, information, and access necessary for the execution of the services,
- Validate elements submitted by the Service Provider within a reasonable timeframe,
- Not delay or prevent the execution of the service through silence, inaction, or frequent changes in requests.
In case of failure to meet these obligations, the agreed deadlines will be automatically revised, and any unjustified period of inactivity may be subject to additional invoicing.
7 bis. Deliverable Validation
Upon delivery, the Client has a period of 10 working days to raise any objections or request corrections. After this period, deliverables will be deemed accepted without reservation.
Any subsequent correction or modification will be subject to a supplementary quote.
8. Payment Conditions
For one-off services: unless otherwise stated, a deposit of 30% to 50% is required upon ordering, with the balance due upon delivery.
For subscriptions: payment is due on the subscription anniversary date, monthly or annually, at the beginning of the period. For monthly subscriptions, if the due date does not exist in the relevant month (e.g., February 30 or 31), payment will be due on the last day of the month. The following billing cycle will resume on the initial anniversary date.
For exceptional-term subscriptions, payment will be due according to the terms specified in the accepted quote or specific contract.
Any delay automatically results in:
late payment penalties at the current legal rate (Art. L.441-10 of the French Commercial Code),
a flat fee of €40 for collection costs (Art. D.441-5 of the French Commercial Code), applicable to professional Clients,
additional collection costs (bailiff, etc.) may be invoiced.
Accepted Payment Methods: bank transfer, direct debit, or credit card, unless otherwise stated in the quote or contract.
9. Termination
In the event of a serious breach by one of the parties of its contractual obligations, the other party may terminate the contract as of right, fifteen (15) days after sending a formal notice that has remained unanswered.
For standard monthly or annual subscriptions:
The Client may request termination at any time in writing, subject to a thirty (30) day notice period.
Prepaid periods are non-refundable; any started period remains due.
For exceptional-term subscriptions (e.g., 10 months):
The Client commits to the entire period indicated in the accepted quote or contract.
Amounts already paid or remaining due are non-refundable, unless otherwise expressly stipulated in the contract.
Suspension terms or other specific conditions may be specified in the quote or specific contract.
10. Intellectual Property
Specific developments, deliverables, and source codes produced remain the exclusive property of DOMERGUE Aymerick until full payment of the service.
Intellectual property rights over the tools and methods used by the Service Provider remain its exclusive property.
Upon full payment, the exploitation rights (use, reproduction, modification, distribution) are transferred to the Client, excluding any resale rights without prior written authorization.
Tools, methods, and third-party elements (open-source or commercial licenses) remain subject to their respective licenses.
11. Limitation of Liability
DOMERGUE Aymerick’s liability is strictly limited to the VAT-exclusive amount of the service in question.
The Service Provider is not liable for:
indirect damages (loss of revenue, image, data, etc.),
consequences of misuse or modification by the Client,
failures related to third-party services (hosting providers, suppliers, etc.).
The Client remains solely responsible for the content it hosts, publishes, or processes via the tools or websites created.
12. Force Majeure
DOMERGUE Aymerick cannot be held liable for any failure to fulfill its obligations in the event of a force majeure event as defined in Article 1218 of the French Civil Code (general failure, disaster, technical unavailability, illness, etc.).
If such an event lasts more than 60 days, either party may terminate the contract without compensation.
13. Subcontracting
The Service Provider reserves the right to subcontract all or part of the services, under its sole responsibility.
13 bis. Non-Solicitation
The Client undertakes not to solicit, recruit, or directly contract with the Service Provider’s subcontractors, partners, or collaborators during the service period and for a period of 12 months following its end.
Any breach will result in a flat fee equivalent to three months of average billing.
14. Confidentiality
Each party undertakes to keep strictly confidential all information designated as such, or whose confidential nature is evident, to which it may have access in the course of performing the service.
15. References and Communication
Unless explicitly requested by the Client, DOMERGUE Aymerick reserves the right to publicly mention the project (client name, logo, project description, screenshots) for communication or commercial referencing purposes.
16. Applicable Law and Dispute Resolution
These GTC are governed by French law.
In the event of a dispute, the parties undertake to seek an amicable solution, including through mediation. In case of failure, the competent courts will be those within the jurisdiction of the Nîmes Court of Appeal, including in cases of multiple defendants or third-party claims.
17. Personal Data (GDPR)
In the context of the services, certain personal data may be processed. The Client remains responsible for compliance with applicable regulations (including GDPR) as the data controller. The Service Provider acts solely as a technical data processor, strictly within the scope of the assigned missions.
18. Severability Clause
If one or more provisions of these GTC are held invalid or declared as such by a final court decision, the other provisions will retain their full force and effect.
For any questions or requests: adomergue@ad-projects.fr or use the contact form.
