Terms and conditions of sale and of service

Vicou Studio, website creation

Last updated: 2 August 2026

Article 1. Who sells, and to whom these conditions apply

Referred to below as “the Provider”. The “Client” is the natural or legal person who orders a service.

A consumer is any natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity (introductory article of the French Consumer Code, code de la consommation). This is the case in particular of a person who orders their website before having registered their business. Provisions which concern only the consumer, or which cannot be relied on against the consumer, say so expressly.

These conditions apply to every order. They are accepted before payment, by means of a box which is not pre-ticked and whose date and time are kept.

Article 2. What makes up the contract

2.1 The contract is made up of the following documents, in decreasing order of precedence:

1. the quote accepted by the Client. For the package sold self-service on vicou.studio, the summary displayed before payment and the order confirmation email stand in for the quote;
2. these terms and conditions;
3. the information appearing on vicou.studio on the day of the order.

2.2 The scope of the service is what is written in the document ranked first. Any request falling outside it is the subject of an additional quote, accepted in writing before the work is carried out.

2.3 The Provider may amend these conditions. The version applicable to an order is the one accepted on the day of that order. A later amendment does not apply to a service already ordered.

Article 3. Order, payment, evidence

3.1 The order is placed at a distance. Before validating, the Client sees a summary stating the package chosen, the scope, the total price and the recurring costs which remain payable by the Client (article 12). The validation button carries the wording “order with an obligation to pay”.

3.2 Online payment is handled by Stripe, a payment services provider, on its own servers. The Provider never has knowledge of the Client’s bank details and does not keep them.

3.3 An order confirmation is sent by email, on a durable medium. It repeats the scope, the payment schedule and, where applicable, the exact wording of the boxes ticked by the Client under article 17.3.

3.4 The emails exchanged and the records kept by the Provider constitute evidence of orders, acceptances and payments. Online validation constitutes evidence of the Client’s agreement. This provision cannot be relied on against a consumer Client, in relation to whom evidence is governed by the general law.

3.5 The Provider may refuse or suspend an order in the event of a refused payment authorization, a payment incident, an ongoing dispute over a previous order, or where the project falls within the cases in article 14.4.

Article 4. The three packages

The trading names of the packages are those displayed on vicou.studio and repeated in the quote. They are, in the order of the articles that follow, “First Site: the Method”, “I Build It For You” and “Signature, one of one”.

4.1 Package 1: the Client builds the site themselves

Included:

• the template chosen by the Client from the catalog, ready to be installed;
• delivery of the administration credentials, in the Client’s name;
• access to the videos (article 5). This is the only package that includes them, and they are what shows the Client how to install their template, step by step;
• sending of the access details and the videos by email within 24 hours of payment being received, subject, for a consumer Client, to article 17.3.

Not included:

• installing and filling in the site. The Provider does not install the template and puts in place no text, no image, no color. The Client builds their own site, guided by the videos. That is what sets this package apart from the other two, and what makes its price;
• revisions (article 8);
• the support in article 6.

Payment: in a single instalment, at the time of the order, online.

Where the template is installed, and by whom. The website is delivered on WordPress, or on Shopify when the chosen template is an online shop. The hosting and the domain name are taken out by the Client, in the Client’s name (article 12).

The Client installs their own template, following the videos, which show every step: taking out the hosting, putting the template in place, filling it in, going live. Hosting is therefore not required in order to place an order: the 24-hour period applies to sending the personal space credentials and the videos, and the Client then proceeds at their own pace.

4.2 Package 2: the Provider builds the site

Included:

• installation of the template chosen by the Client from the catalog;
• placement, by the Provider, of the text and images supplied by the Client, up to the number of pages stated in the quote;
• a review with the Client and the rounds of revisions provided for in article 8;
• putting the site live;
• delivery of the administration credentials, in the Client’s name;
• support for six months (article 6);
• the written list of the content the Client must supply.

Not included:

• the videos. They are not included in this package. They are available as a paid option (article 5.2);
• custom work: the site keeps the structure of the chosen template;
• writing the text and supplying the content, which remain the Client’s responsibility;
• any page beyond the number stated in the quote.

Payment: down payment at the time of the order, balance when the site goes live.

4.3 Package 3: custom-built

Included:

• a website designed specifically for the Client, without reusing a template from the catalog;
• a scope written into the quote: number of pages, site structure, particular features;
• the rounds of revisions provided for in article 8;
• video calls, in addition to email;
• putting the site live and delivering the administration credentials, in the Client’s name;
• support for six months (article 6).

Not included:

• the videos. They are not included in this package. They are available as a paid option (article 5.2);
• any page or feature beyond the scope stated in the quote.

Payment: down payment at the time of the order, balance when the site goes live. The amounts and the schedule are stated in the quote.

4.4 Technology delivered

The website is delivered on WordPress. It is delivered on Shopify where the chosen template is an online shop. The platform is stated to the Client before the order and written into the quote.

4.6 The online shop

A shop is delivered on Shopify. That is the normal route, and the only one the Provider commits to: the products are entered within the limits set out below, and the shop works on delivery.

On WordPress, online selling goes through WooCommerce, and the Provider does not configure it. He installs the extension if the Client asks for it, and he stops there. Setting up payment, delivery methods and rates, VAT, and entering and managing the catalog, remain entirely the Client’s responsibility. The Provider warrants neither the operation, nor the compliance, nor the security of a WooCommerce shop, and the number of products included below does not apply to it. A Client who wants to sell online therefore chooses a shop template from the catalog, and takes out their Shopify subscription in their own name (article 12).

In packages 2 and 3, creating the products is included. The Provider enters the products into the shop from the items supplied by the Client: name, description, price, photographs, variants and opening stock, together with the delivery methods and rates the Client specifies. The number included is fifteen products at most, with no more than two variant axes per product (for example color and size). Beyond that number or those two axes, entering them is the subject of an additional quote, drawn up before anything is entered.

The following remain the Client’s responsibility, on every package: writing the product pages, photographing the products, setting the prices and margins, and managing the catalog once the site is live.

In package 1, no product is entered: the Client fills their shop in themselves, just as they fill in the other pages.

4.5 The demonstrations on the Site are mock-ups

The fourteen demonstrations visible on vicou.studio are presentation mock-ups, produced to show a look and feel. They are not the product delivered. The delivered website is built on WordPress or on Shopify, reproducing the layout, the colors and the structure of the template, within the technical limits of the platform chosen. The number of pages included is that of the chosen template, and it is repeated in the quote.

The number of pages included is that of the chosen template, as it is presented in its demonstration: depending on the template, four to six pages. It is repeated in the quote. Any page beyond that is charged at the rate displayed on vicou.studio on the day of the order, namely 90 euros per page at the date of these conditions.

In package 3, no template is reused: the number of pages is set in the quote.

Article 5. The videos: who has them, who does not

5.1 What they are. A library of short videos which show, step by step, how to change a website: replacing a photograph, changing a text, changing the colors and the typefaces, adding a menu entry, putting the site live. They are recorded in the same interface as that of the delivered website, on a demonstration template, and not on the Client’s website.

The steps concerning hosting and the domain name are shown there with IONOS, the host chosen by the Provider. The Client remains free to choose another host: the steps specific to the website stay the same, but the screens of their host will then differ from those in the videos. This point is drawn to the Client’s attention before the order.

5.2 Who is entitled to them.

This rule admits of no exception. On packages 2 and 3, no video is owed, whether under the support, under the revisions, or on any other basis. The support in article 6 does not stand in for the videos and does not replace them.

The price of the option is the one displayed on vicou.studio on the day of the order and repeated in the quote. At the date of these conditions, it is 149 euros from package 2, and 89 euros from package 3, the latter already including end-to-end guidance.

5.3 One indivisible block. Access is total or nil. There is no tier, no selection and no assortment.

5.4 License. The Provider grants the Client a personal, non-exclusive and non-transferable license to use the videos, limited to internal use by the Client and their staff. The Client may download the videos for that internal use and keep them. Sharing credentials, making the videos available to a third party, public rebroadcasting, resale and redistribution are prohibited. In the event of credentials being shared or of rebroadcasting, and after a written warning has gone unheeded, the Provider may suspend access. If the suspension is permanent, the share of the price corresponding to the videos is refunded pro rata.

5.5 Term. Online access stays open for as long as the service exists. Should the service be discontinued, the Provider gives written notice to holders of an access, with reasonable notice allowing the videos to be downloaded.

5.6 Updates. Administration interfaces change independently of the Provider. Where a step shown no longer matches the interface delivered, the Provider updates the video concerned within a reasonable time. The statutory guarantees applicable to digital content remain owed (article 16.3).

5.7 Where the Client is a consumer, opening access before the end of the withdrawal period requires their express consent and their waiver, under the conditions in article 17.3.

Article 6. The six-month support: what it does, what it does not do

6.1 Who benefits from it. The support is included in packages 2 and 3. It is included neither in package 1 nor in the purchase of the videos alone.

6.2 Term. Six months, from the day the site goes live or, if it does not go live for a reason attributable to the Client, from the written notification by which the Provider states that the site is ready.

6.3 Channel. Email, at contact@vicou.studio. No assistance by telephone, by video call or by instant messaging is included.

6.4 What it does. It answers the Client’s questions in writing about the use of their website and its administration interface, including where the answer consists in explaining a step.

6.5 What it does not do. This is the limit of the service, written down in black and white:

• it does not carry out changes on the Client’s behalf. The Provider answers questions, he does not rebuild the site;
• it does not replace the videos and does not stand in for them. On packages 2 and 3, the videos remain a paid option;
• it does not cover developments, added pages, added features and redesigns, which are the subject of a quote;
• it does not cover technical maintenance, security updates, backups or restoration;
• it does not cover incidents attributable to a third party (host, registrar, platform, extension publisher, email provider), or those resulting from a change made by the Client or by a third party;
• it covers neither the content, nor the commercial strategy, nor the commercial results of the Client.

6.6 Response time. The Provider endeavors to reply within one working day, Monday to Friday, Paris time. This is an obligation of means.

6.7 A request which calls for work on the site, rather than an answer, is the subject of a quote. The Provider says so to the Client before starting anything.

Article 7. What is included in no package

Unless the quote states otherwise, the following are not included:

• writing the text of the website;
• supplying photographs, videos, illustrations or a logo;
• creating a visual identity or a brand style guide;
• writing the legal pages of the Client’s website (legal notice, terms and conditions, privacy policy): the Provider integrates what the Client supplies, he does not write it;
• search engine optimization, whether organic or paid, advertising, social networks;
• maintenance, updates, backups and monitoring after delivery;
• hosting, the domain name, platform subscriptions and third-party licenses (article 12);
• creating and configuring professional email addresses;
• writing the product pages, photographing the products and setting the prices and margins of an online shop;
• installing an online selling module on WordPress (WooCommerce or equivalent): a shop is delivered on Shopify, never on WordPress (article 4.6);
• managing the catalog after the site goes live: additions, removals, restocking, price changes;
• translating the website.

These services may be ordered by way of an additional quote.

Article 8. Revisions and corrections: they are not the same thing

8.1 A revision is a request for a change, sent in writing as a single list. The number of rounds included and the time allowed to request them are stated in the quote and displayed on vicou.studio. Two rounds of revisions are included in packages 2 and 3. They are to be requested within the fourteen days following the site going live or, if it does not go live for a reason attributable to the Client, the written notification stating that the site is ready.

8.2 Beyond that number or that time limit, a request for a change is the subject of an additional quote, at the rate in force on the day of the request.

8.3 Correcting a non-conformity is not a revision. Where the site delivered does not conform to the written scope, the Provider corrects it at his own cost, without limit as to number. The limits in article 8.1 apply neither to those corrections nor to the exercise of the statutory guarantees, which remain owed free of charge.

8.4 The following are neither a revision nor a correction, and are the subject of an additional quote: changing the template, adding pages or features, redesigning the graphics, and changing content already approved by the Client.

Article 9. What the Client must do

9.1 Supply the content. Text, photographs, logo, contact details, opening hours, prices, the legal pages of their own website, in a usable form. The written list of what is expected is provided at the start.

9.2 Supply the access. Take out their hosting and their domain name (article 12) and provide the necessary access, or themselves carry out the operations the Provider indicates to them.

9.3 Reply and approve. The Client replies to the Provider’s requests and approves or comments on each step within the written time limit stated in the request. Once that time has passed, and after a written reminder has gone unanswered, the step is deemed approved and the project continues. That tacit approval does not deprive the Client of the rounds of revisions included in their package.

9.4 Accuracy. The Client warrants the accuracy of the information they provide, in particular their identity and their billing details.

9.5 Compliance of their activity. The Client warrants that their activity and the content of their website comply with the law and, if they practice a regulated profession, with the professional rules applicable to them in matters of communication and advertising. The Provider does not advise on this.

Article 10. Timescales

10.1 Package 1. Access details and videos sent within 24 hours of payment being received, subject, for a consumer Client, to article 17.3.

10.2 Package 2. The site goes live within fifteen working days of the start date confirmed in writing by the Provider (article 10.4). That timescale is announced on vicou.studio and repeated in the quote. It is suspended in the cases set out in article 10.5, each suspension being notified in writing and dated.

10.3 Package 3. Time stated in the quote.

10.4 Starting point, packages 2 and 3. Time runs from the start date confirmed in writing by the Provider, which presupposes that the down payment has been received and that all the expected content has been received.

10.5 What suspends the time, day for day, on dated written notification:

• waiting for content, access, an answer or an approval from the Client;
• the failure of a technical third party (host, registrar, platform, extension or theme publisher, email provider);
• closure periods notified to the Client before the start;
• force majeure (article 18.4).

10.6 Overrun. In the event of an overrun attributable to him, the Provider informs the Client and gives a new date. The Client may then serve formal notice on him to perform within a reasonable additional period; if that period is not met, the Client may terminate the contract in writing and obtain a refund of the sums paid, less the value of the work actually delivered and accepted. The rights which a consumer Client derives from the French Consumer Code as regards performance time and termination remain unaffected.

Article 11. Price, VAT, payment, late payment

11.1 Price. Prices are expressed in euros. The applicable price is that of the quote or of the summary accepted. These conditions contain only three amounts: the price of the videos option (article 5.2), that of the additional page (article 4.5), and the orders of magnitude in article 12.3, the latter being owed to third parties and not received by the Provider. Any other price appears in the quote or in the summary.

11.2 VAT. The Provider benefits from the VAT basic exemption scheme. Quotes and invoices carry the wording “TVA non applicable, article 293 B du code général des impôts” (VAT not applicable, article 293 B of the French General Tax Code). Should the Provider cease to qualify for that scheme, the tax becomes applicable from the effective date of that change and the prices of services not yet ordered are amended accordingly. Orders already accepted are unaffected.

11.3 Payment schedules.

The exact percentages and amounts appear in the quote.

11.4 Down payments, not earnest money. By express derogation from the presumption of earnest money (arrhes) laid down by the French Consumer Code, the sums paid at the time of the order constitute down payments (acomptes). They give neither party the right to withdraw by forfeiting them or by returning double their amount. The right of withdrawal in article 17 is unaffected.

11.5 When the balance falls due. The balance falls due when the site goes live. Where the site cannot be published for a reason attributable to the Client, in particular for want of hosting or a domain name taken out by them, the balance falls due on the date of the written notification stating that the site is ready. That same notification starts the support running (article 6.2).

11.6 Invoicing. An invoice is issued for each instalment.

11.7 Late payment, trader Client. In accordance with article L441-10 of the French Commercial Code (code de commerce), any sum unpaid when due bears late payment interest automatically and without reminder at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points. A fixed indemnity for recovery costs of forty (40) euros is automatically due, supplemented on production of evidence if the costs actually incurred are higher.

11.8 Late payment, consumer Client. The sums due bear interest at the statutory rate from the date of formal notice.

11.9 Suspension. After a formal notice has gone unheeded for fifteen days, the Provider may suspend performance of his own obligations, in particular the delivery of access, files and support. The consequences for copyright are governed by article 13.5.

Article 12. Hosting, domain name, subscriptions: what the Client pays every month

12.1 Everything is in the Client’s name. Hosting, the domain name, the platform subscription, the email addresses, as well as the licenses for themes, extensions, applications, fonts and images are taken out and paid for by the Client, in their name and on their own accounts. The Provider resells none of them and is never the account holder. Nor does he advance any of them, with the single exception of the first year of the domain name, within the limits of article 12.4.

12.2 What the Provider does. In package 1, he shows the Client, with the videos, how to take out their hosting and their domain name or how to transfer an existing domain; the Client carries out those operations themselves. In packages 2 and 3, he carries out the technical settings from the access the Client gives him; taking out the subscriptions and paying for them remain the Client’s doing, in their name. Where the Provider builds the site, he sets it up on IONOS hosting, the host he uses and on which his videos are recorded; a Client who prefers another host says so before the start.

12.3 Recurring costs payable by the Client. These costs are in addition to the price of the service and are payable every month. Orders of magnitude at the date these conditions are published, set by third parties and liable to change:

These amounts are repeated to the Client in the summary displayed before payment, whatever the package and whatever the template chosen.

12.4 The first year of the domain name. The Provider bears the cost of the domain name for the first year where that cost is 10 euros or less, all taxes included. Above that amount, the domain name remains entirely at the Client’s expense. In every case the domain is registered in the Client’s name, on an account belonging to them, from day one.

Renewal is never included: at the end of the first year, the Client registers their own means of payment on the account concerned. The Provider leaves no means of payment in place on the Client’s accounts and tells them so in writing when the access details are handed over.

12.5 Transferring an existing domain name. Where the Client already owns a domain name, transferring it to the chosen hosting is carried out by the Client themselves, with their current registrar. The Provider sets out the steps to follow and the settings to apply once the transfer has gone through; he never accesses the Client’s registrar account and gives no undertaking as to the time this takes, which depends on a third party. The sixty-day transfer lock applied by ICANN after a recent registration or transfer is binding on the Client and on the Provider alike.

12.6 Renewal. The Client alone is responsible for renewing their hosting, their domain name, their subscriptions and their licenses, and for the consequences of a failure to renew: the site becoming unavailable, loss of the domain name, loss of data.

12.7 The Provider is not a host. He is not liable for interruptions, outages, data loss, security breaches or price changes attributable to the providers chosen by the Client.

12.8 Shopify. The license for a theme bought on the Shopify marketplace is attached to the store on which the purchase is made: it is therefore bought on the Client’s store, with their account and their means of payment. A website built on Shopify lives on that platform: it cannot be moved to another host, and the theme cannot be carried elsewhere. The Client is informed of this before choosing that platform.

Article 13. Who owns the website

13.1 The vicou.studio website. Its structure, its text, its visuals, its code and the demonstration mock-ups presented on it remain the exclusive property of the Provider.

13.2 What is assigned to the Client. Payment of the price does not on its own amount to an assignment of copyright: the law requires each assigned right to be listed (article L131-3 of the French Intellectual Property Code, code de la propriété intellectuelle). Subject to article 13.5, the Provider assigns to the Client, over the original items he created specifically for them (graphic customization, mock-ups and preparatory work, visuals and compositions he produced, developments, style sheets and templates written for them, text he may have written):

a) the right of reproduction: to reproduce, fix, digitize, store, print and copy, in whole or in part, in any number of copies, on any medium, by any process known to date; b) the right of representation: to distribute, communicate to the public and make available, online and offline; c) the right of adaptation: to modify, correct, develop, translate, transform, and to have those developments carried out by any third party of their choosing; d) the right to use the files and code delivered, including having them modified by a third party; e) the right to assign these rights to a third party, in particular on a sale of the website, of the business or of the company.

Extent: unlimited number of copies, reproductions and connections. Purpose: the Client’s business and communications, including commercial exploitation of the website and its adaptation to their other media; excluded is the commercialization of the assigned items as a model, template or theme intended to create other websites. Territory: worldwide. Term: the statutory term of copyright protection.

The assignment is granted on an exclusive basis in package 3. In packages 1 and 2, it is exclusive over the customization carried out for the Client and does not cover the template itself, which is governed by article 13.3.

13.3 What is not assigned, but licensed. The catalog template, its graphic composition, its structure and its layouts are not assigned. The same applies to the Provider’s tools, methods, know-how, component libraries and reusable code fragments. Over these items incorporated into the delivered website, the Provider grants the Client a non-exclusive, worldwide license, granted for the statutory term of protection, comprising the rights of reproduction, representation and modification, limited to the delivered website and its developments, and transferable with the website should it be sold. The Provider remains free to reuse these items for other clients and for his own purposes. The Client is informed that, for a website built from a template, what is assigned to them is the customization carried out for them.

The position of the videos is governed by article 5.4: a personal license, no assignment of rights.

13.4 What the Provider cannot assign: third-party components. The delivered website incorporates items of which the Provider is not the author: the WordPress software or the Shopify platform, the theme chosen, extensions and applications, typefaces, stock images and software libraries. These components are neither assigned nor sub-licensed by the Provider. They are supplied under their publisher’s license, whose terms the Client accepts. The assignment in article 13.2 is subject to the rights of those authors.

The Client is expressly informed that:

• WordPress, and the themes and extensions derived from it, are distributed under the GNU GPL free software license, which confers freedoms of use, modification and redistribution that the Provider can neither restrict nor make exclusive;
• licenses for paid themes, extensions, applications, fonts and images are as a rule limited to one site, one domain or one account, non-transferable and non-sub-licensable;
• stock images are delivered integrated into the website, and not as separate files;
• any use of a third-party component outside the delivered website (another website, print media, advertising, a product intended for resale) requires the Client to acquire their own license.

The list of third-party components used, their license and the holder of the associated account are provided to the Client with the quote. A trader Client indemnifies the Provider against any claim resulting from their use of a third-party component beyond the limits of its license; this indemnity does not apply to a consumer Client.

13.5 The assignment is conditional on payment in full. It is granted subject to the condition precedent of payment of the price in full, in principal, costs and incidental amounts. Once that payment has been received, the Client is deemed to have held the assigned rights since the site went live.

So that the Client can exploit their website as soon as it goes live, the Provider grants them, until payment in full, a provisional exploitation license which is non-exclusive, non-transferable and revocable, limited to exploiting the website for the purposes of their business. That provisional license does not prevent the Client from updating their own content.

In the event of non-payment of a sum when due, and after a formal notice expressly referring to this express termination clause has gone unheeded for fifteen days, the Provider may suspend performance of his obligations, declare the contract terminated and revoke the provisional license. From that revocation, keeping the items concerned online is no longer authorized.

The Provider never intervenes technically in the Client’s hosting, domain name or accounts, which remain their exclusive property.

13.6 Moral rights and attribution. An author’s moral rights attach to their person: they are not assigned and cannot be. Unless the Client requests otherwise, a discreet mention “Site réalisé par Vicou Studio”, together with a link, appears in the footer of the delivered website; it is removed at the Client’s simple written request.

The Provider expressly consents to the changes inherent in the use of the website: updating and replacing text, images and videos; changing the colors, the typefaces and the settings accessible from the administration interface; adding, changing and deleting pages, articles, products and sections; technical updates; development work entrusted to a third party. That consent does not cover changes which harm his honor or his reputation, nor presenting the website as the work of a third party.

13.7 Consideration. The assignment and the licenses granted by this article are remunerated by a lump sum and included in the price stated in the quote.

Article 14. Content supplied by the Client

14.1 The Client’s warranty. The Client warrants that they hold all the rights necessary over the content they supply (text, photographs, videos, logo, trade mark, music, reviews and testimonials, names and likenesses of the persons depicted) and that its use in the website infringes no third-party right.

14.2 Editorial responsibility. The Client alone is responsible for the content, accuracy, lawfulness and updating of the information published on their website, including the information they have sent for integration.

14.3 Takedown on notification. Where content supplied by the Client is the subject of a written and reasoned notification, or appears manifestly unlawful or infringing, the Provider informs the Client without delay and may remove it from the website on a provisional basis, until the Client establishes their rights. The content is restored as soon as that is established. A justified takedown does not constitute a breach by the Provider. This exclusion applies neither in the case of a manifestly unjustified takedown nor to a consumer Client, in relation to whom the general law applies.

14.4 Excluded content. The Provider may refuse or stop a service concerning content which is manifestly unlawful, hateful, defamatory, infringing, pornographic, or contrary to public policy.

14.5 Legal pages of the Client’s website. Writing them is the Client’s sole responsibility. The Provider integrates the pages supplied to him; he checks neither their content nor their compliance.

14.6 Data collected by the Client’s website. The Client is the controller for the data collected by their own website, in particular through its forms and its orders. It is for them to ensure their own compliance.

14.7 A trader Client indemnifies the Provider against any third-party claim based on the content they have supplied or published. This provision does not apply to a consumer Client.

Article 15. References and portfolio

15.1 The Provider may cite the Client’s name, reproduce their logo and present the website produced, in the form of screenshots, videos, extracts and a link, on his own communication media (website, portfolio, social networks, commercial proposals, advertising campaigns), only if the Client has expressly authorized him to do so.

15.2 This authorization is optional. It is obtained separately from acceptance of these conditions, by a distinct box which is not pre-ticked. Refusing it has no effect on the order or on the price.

15.3 It is granted free of charge, worldwide and for the term of exploitation of the media concerned. It covers no figures, no confidential information, and no item the Client has designated in writing as confidential.

15.4 The Client may withdraw it at any time in writing to contact@vicou.studio. The withdrawal takes effect within thirty days and does not apply to media already printed or already distributed.

Article 16. What the Provider guarantees, and what he does not

16.1 Obligation of result. The Provider undertakes as to the conformity of the delivered website with the written scope and as to compliance with the time announced, subject to the suspensions in article 10.5.

16.2 Obligation of means. The rest is an obligation of means, in particular the support, the updating of the videos and the behavior of technical third parties.

16.3 Statutory guarantees. The statutory guarantees owed to a consumer Client apply automatically and are additional to the undertakings in this contract. They include in particular the statutory guarantee of conformity applicable to digital content and digital services, which covers the videos and the space giving access to them. On that basis, the consumer may obtain that conformity be brought about and, if that is impossible or does not happen within a reasonable time, a reduction in the price or termination of the contract, under the conditions laid down by the French Consumer Code. No clause of these conditions limits those guarantees. As regards the videos, which are digital content supplied in a single act, that guarantee is owed for two years from their supply (articles L224-25-12 and following of the French Consumer Code).

16.4 No commercial result is guaranteed: no ranking in search engines, no volume of visits, contacts or orders, no revenue, no conversion.

16.5 Third parties and security. The operation of a website depends on third parties the Provider does not control. The internet is not a wholly secure environment: the Provider guarantees neither the absence of interruption nor the invulnerability of the website, in particular after it has been handed over to the Client, maintenance not being included.

16.6 Not covered are malfunctions resulting from a change made by the Client or by a third party, from an update or a failure of a piece of software, a theme, an extension, a browser or a platform, from a failure of a provider chosen by the Client, from a failure to renew, from a cyber attack occurring after delivery, or from content supplied by the Client.

16.7 Limitation applicable to trader Clients only. The Provider’s liability is limited to direct and foreseeable loss and may not exceed the total amount paid for the service concerned. Indirect loss is excluded, in particular loss of revenue, profit, clientele, data or reputation. This limitation does not apply in the event of gross or wilful misconduct, or of personal injury.

16.8 This limitation does not apply to a consumer Client, in relation to whom liability is assessed under the general law and the French Consumer Code.

16.9 Backups. After the site goes live, backing up the website and its data is the Client’s responsibility, unless a maintenance service is taken out under a separate quote.

Article 17. Right of withdrawal

17.1 Trader Client. A Client acting in the course of their professional activity does not benefit from the fourteen-day right of withdrawal. The Provider concludes no contract in the simultaneous physical presence of the Client and himself; video calls do not constitute physical presence.

17.2 Consumer Client. A consumer has fourteen days to withdraw, without giving a reason. As this is a supply of services, that period runs from the conclusion of the contract, and not from delivery of the website. The consumer notifies their decision by an unambiguous statement, sent to contact@vicou.studio or by post to the address in article 1, using if they wish the form set out in the annex, whose use is not compulsory. The Provider acknowledges receipt on a durable medium.

17.3 Performance before the end of the fourteen days. The Provider begins work as soon as the order is placed, including for the sending of access details and videos within 24 hours. Where the Client is a consumer, this requires three boxes which are not pre-ticked, presented before payment and repeated in the confirmation email:

1. the express request that performance begin before the end of the fourteen-day withdrawal period;
2. the acknowledgment that, once the service is fully performed, the right of withdrawal is lost;
3. as regards the videos, which are digital content supplied without a tangible medium, express consent to access being opened before the end of the period and waiver of the right of withdrawal over that content.

If the consumer does not tick these boxes, performance begins only on expiry of the fourteen-day period, and the time in article 10 runs from that expiry.

17.4 Consequences of withdrawal during performance. The consumer pays the Provider an amount corresponding to the service supplied up to the notification of their decision, calculated on the basis of the project steps valued in the quote or in the summary, and capped at the total price. Once the service has been fully performed within the period, the right of withdrawal can no longer be exercised. Once access to the videos has been opened, it can no longer be exercised over that content.

If the Provider did not obtain the express request or did not inform the consumer of their obligation to pay for the service already supplied, no sum is owed by a consumer who withdraws. The progress scale, expressed as a percentage of the total price step by step, appears in the quote and in the order summary. It is written there before the order, so that the Client knows, before paying, the amount which would remain payable by them should they withdraw during performance.

17.5 Refund. The Provider refunds the sums paid, less where applicable the amount due under article 17.4, at the latest within fourteen days of the date on which he is informed of the decision, by the same means of payment, unless the Client expressly agrees otherwise.

17.6 Position of the rights. In the event of withdrawal, the assignment in article 13 does not take effect and the provisional license ceases. The Client keeps, under a non-exclusive license of use limited to the needs of their business, the items corresponding to the amount they paid under article 17.4. Videos already downloaded remain subject to the license in article 5.4.

Article 18. Stopping the project

18.1 Stopping at the Client’s initiative. The Client may interrupt the project at any time, in writing. The work carried out at that date is owed and invoiced in proportion to progress, on production of evidence. The down payment is set off against that invoice; if the down payment exceeds the value of the work carried out, the surplus is returned within fourteen days. The items produced are handed over as they stand, subject to payment in full (article 13.5). No termination indemnity is owed beyond the work carried out.

18.2 A Client who stops replying. If the Client does not send the items expected or does not reply for two months, despite at least two written reminders at least fifteen days apart, the Provider may serve on them a formal notice expressly referring to this express termination clause. Having gone unheeded for fifteen days, it brings about termination of the contract. The financial consequences are those in article 18.1.

18.3 Stopping at the Provider’s initiative. The Provider may decline to perform a service, in particular in the event of lasting impossibility, of content falling within the cases in article 14.4, or of a manifest breakdown in the relationship of trust. He informs the Client in writing and returns the sums paid, less only the services already carried out, delivered and accepted, within fourteen days. Where the Client is a consumer and the stoppage is attributable to the Provider alone, the Provider also pays them an indemnity equal in amount to what the Client would have borne had they themselves given up.

18.4 Force majeure. Circumstances beyond the parties’ control which prevent the normal performance of their obligations suspend that performance. The party relying on them notifies the other immediately, and likewise when they cease. These include in particular, in addition to the cases usually accepted by the French courts, the serious illness or accident of the Provider, a natural person working alone, fire, major adverse weather, the stoppage of or major difficulties affecting telecommunications networks, and the lasting failure of a technical third party essential to the service. If the situation continues beyond three months, either party may terminate the contract in writing, without indemnity; the sums paid are returned, less only the services carried out and delivered.

18.5 Termination for breach. Either party may terminate the contract in the event of a serious breach by the other, after a formal notice expressly referring to this express termination clause has gone unheeded for fifteen days.

Article 19. Personal data and confidentiality

19.1 The personal data collected by the Provider on the occasion of a contact request, a quote or an order is processed in accordance with his privacy policy, available on vicou.studio, which sets out the purposes, the legal bases, the recipients, the retention periods and how rights may be exercised.

19.2 The Provider does not sell, rent or pass on to any third party the contact details of his prospects and clients, and does not use them for any unsolicited marketing. This undertaking does not concern the commercial reference in article 15, which requires the Client’s express authorization.

19.3 The Client may exercise their rights of access, rectification, erasure, restriction, objection and portability at contact@vicou.studio.

19.4 Access to the Client’s website. In packages 2 and 3, the Provider accesses the Client’s website in order to perform the service and may, on that occasion, process personal data on the Client’s behalf. He then acts on the Client’s instructions alone, uses it for no purpose of his own, preserves its confidentiality, implements appropriate security measures and keeps no copy of it beyond what performance requires.

19.5 End of the engagement. At the end of the service, or on the Client’s simple request, the Provider stops using the access provided to him and invites the Client to change the passwords.

19.6 Subcontracting. The Provider may use a subcontractor for all or part of performance; he remains responsible for proper performance towards the Client. He informs the Client beforehand where that subcontractor is to access the data on their website.

19.7 Confidentiality. Each party undertakes not to disclose the other’s confidential information of which it becomes aware on the occasion of the service, in particular credentials, access, commercial data and non-public documents. This undertaking survives for two years after the end of the service.

Article 20. Complaints and consumer mediation

20.1 Prior complaint. Any complaint is sent in the first instance to the Provider, in writing, to contact@vicou.studio or by post to 68 rue de la Gare, 45000 Orléans, France. The Provider replies to it in writing.

20.2 Mediation. If the reply does not satisfy them, or in the absence of a reply, a consumer Client may use free of charge the consumer mediator appointed by the Provider:

SAS Médiation Solution, membership registered under number 50927/VM/2304 222 chemin de la Bergerie, 01800 Saint Jean de Niost, France Telephone: 04 82 53 93 06 Email: contact@sasmediationsolution-conso.fr Online form: https://www.sasmediationsolution-conso.fr

20.3 Two conditions of admissibility. A request for mediation is admissible only if the consumer has first sent a written complaint to the Provider, and if it is brought within the year following that complaint.

20.4 Content of the request. It includes the postal, telephone and email details of the applicant, the name and address of the Provider, a brief statement of the facts, what the consumer expects from the mediation, a copy of the prior complaint and the documents useful to the investigation.

Article 21. Governing law, jurisdiction, miscellaneous provisions

21.1 These conditions and the contracts arising from them are governed by French law.

21.2 Where the Client is a consumer residing in another State, or in a State to which the Provider directs his activity, the choice of French law does not deprive them of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

21.3 A consumer Client may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the ordinary rules, or before the court of the place where they were living at the time the contract was concluded or the harmful event occurred. A consumer domiciled in another Member State of the European Union may also bring proceedings before the courts of their domicile.

21.4 As between traders, and subject to the conditions laid down by the French Code of Civil Procedure, jurisdiction is conferred on the courts of the place of the Provider’s registered business address. In all other cases, the statutory rules of jurisdiction apply.

21.5 In the event of a dispute, the parties will first endeavor to find an amicable solution.

21.6 Partial invalidity. If a provision of these conditions is held to be invalid, the others retain their full force.

21.7 No waiver. Failing to rely on a breach does not amount to a waiver for the future.

21.8 Headings. In the event of a difficulty of interpretation between a heading and the clause it covers, the heading is deemed not to exist.

21.9 Assignment of the contract. The Client may not assign the contract without the Provider’s written agreement. The assignment of the rights in the delivered website remains free, under the conditions in article 13.2 e).

21.10 Language. These conditions are drawn up in French. In the event of translation, only the French text is authoritative.

Annex. Model withdrawal form

To be completed and returned only if you are a consumer and you wish to withdraw from the contract. Its use is not compulsory: any unambiguous statement is enough.

To: Victor Rouvreau, sole trader (entrepreneur individuel), trading as Vicou Studio 68 rue de la Gare, 45000 Orléans, France contact@vicou.studio

I hereby give notice of my withdrawal from the contract for the supply of the service below:

• Service ordered: …………………………………………………..
• Quote or order number: ………………………………..
• Ordered on (date): ……………………………………………………
• Name of consumer: ………………………………………………..
• Address of consumer: …………………………………………..
• Email address: …………………………………………………..

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

Date: ………………………………..