Terms of sale | SMARTCREA

Article 1 — Purpose

These General Terms and Conditions of Sale (CGV) govern the contractual relationship between SMARTCREA, a web agency, and any client wishing to use its services. Any order implies unreserved acceptance of these CGV.

Article 2 — Services

SMARTCREA offers design, development and maintenance services for websites and applications, as well as automation and AI integration services. The precise content of each service is defined in a personalized quote.

Article 3 — Quote and order

Every project is subject to a prior detailed quote, valid for 30 days. The order becomes firm on receipt of the signed quote and payment of the deposit.

Article 4 — Prices and payment terms

Prices are stated in euros excluding tax (HT). Standard payment terms are:

30 % on order (deposit).
40 % at mid-project (approval of the design / prototype).
30 % on final delivery.

Any late payment automatically triggers penalties at the increased legal interest rate, together with a fixed recovery indemnity of 40 € (art. L.441-10 du Code de commerce, French Commercial Code).

Article 5 — Timelines

Delivery times are given for guidance in the quote. They start running only once the items needed to carry out the work have been received in full (content, access, approvals).

Article 6 — Intellectual property

The delivered creations become the full and entire property of the client after payment in full. SMARTCREA retains the right to mention the project in its portfolio as a commercial reference, unless the client objects in writing.

Article 7 — Liability

SMARTCREA is bound by an obligation de moyens (a best-efforts obligation under French law). Its liability cannot be engaged for malfunctions linked to elements outside its control (third-party hosting, browsers, changes made after delivery by the client or by a third party).

Article 8 — Termination

In the event of a serious breach by one party of its obligations, the other party may terminate the contract de plein droit (automatically, without a court order), 15 days after a mise en demeure (formal notice to perform) has remained without effect. Sums already paid remain acquired by SMARTCREA in proportion to the services carried out.

Article 9 — Confidentiality

Each party undertakes to keep confidential all information exchanged in connection with the project, during and after its performance.

Article 10 — Governing law and disputes

These CGV are subject to French law. Failing an amicable resolution, any dispute will be brought before the competent courts of the jurisdiction of SMARTCREA's registered office.