Terms and Conditions
1. Scope
These general terms of sale (“Terms”) govern all services provided by do IT smart. (Juergen HEINE, micro-entreprise, SIREN 106 161 698), hereinafter “the Provider”, to its clients, hereinafter “the Client”. They apply to every order, unless specific conditions are agreed in writing. Placing an order implies unreserved acceptance of these Terms.
2. Quotation and order
Each service is the subject of a detailed quotation (devis). The quotation is valid for 30 days from its date of issue. The order becomes firm once the Client has approved the quotation in writing (signature or written agreement, including by email). In the event of any discrepancy, the accepted quotation prevails over these Terms.
3. Rates
The applicable rates are:
- Consulting: €106 per hour
- Development: €97 per hour
Prices are stated net. VAT not applicable, art. 293 B of the French General Tax Code (CGI) (micro-entreprise). Services not listed above and fixed-price projects are subject to a specific quotation. Travel costs and any disbursements are billed in addition, against supporting documents and with the Client’s prior agreement.
Ongoing maintenance and support of the applications provided is billed as a monthly flat rate (see section 8).
4. Project work
For fixed-price or project work, the scope, price, schedule and terms may be the subject of specific arrangements, negotiated at the Client’s request and set out in writing in the quotation or a dedicated contract. Such specific arrangements then prevail over these Terms.
5. Payment terms
Unless otherwise agreed, invoices are payable within 7 days of their date of issue, by bank transfer. For projects, a deposit of 30 % is due on order, with the balance due on delivery or according to the agreed progress.
6. Late payment
Business client: in the event of late payment, penalties are payable as of right, at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, together with a fixed recovery-cost indemnity of €40 (art. L441-10 and D441-5 of the French Commercial Code), without prejudice to any other remedy. In plain terms, this €40 is a lump-sum compensation for the administrative effort of pursuing an overdue invoice: under art. L441-10 of the French Commercial Code it is owed automatically for each overdue invoice, in addition to the interest above and without any reminder or proof of actual cost. Where the recovery costs actually incurred exceed €40, further compensation may be claimed on presentation of supporting documents.
Consumer client: amounts unpaid at maturity bear interest at the applicable statutory rate.
No discount is granted for early payment.
7. Performance of services
The Provider is bound by an obligation of means (best-effort). Stated deadlines are indicative and run from receipt of the deposit and of the items required to carry out the service. The Client undertakes to provide, in good time, all information and access required. Enquiries from the Client receive a response within 48 hours, excluding weekends (Saturday and Sunday). This applies to general enquiries; within ongoing projects, the response and service times agreed in the respective order or service-level agreement (SLA) take precedence.
8. Maintenance and support
On request, the Provider carries out ongoing maintenance and support of the applications provided, including security updates. Remuneration is a monthly flat rate per application:
- Website: €50/month
- Online shop: €70/month
Prices are net (VAT not applicable, art. 293 B of the French General Tax Code). The maintenance contract may be cancelled monthly, effective at the end of the month. The scope covers security updates, minor adjustments and keeping the application operational; any further development is billed by time spent (section 3) or by quotation. The monthly flat rate is payable monthly in advance. Critical security updates are applied as promptly as reasonably possible on a best-effort basis, independently of the response time in section 7 and including weekends; this does not amount to a guaranteed availability or intervention time, which requires a separate service-level agreement (SLA).
9. Intellectual property
Principle. Intellectual property rights in the work results remain with the Provider unless otherwise expressly agreed in writing. A transfer of rights requires an express agreement specifying its scope (art. L131-3 of the French Intellectual Property Code); mere payment of the price does not transfer any rights.
Provision (right of use). For services that are provided or deployed, the Client receives — upon full payment — a non-exclusive, unlimited (in time and territory), irrevocable right to use, operate and adapt the delivered result for its own operation. No exclusive assignment of rights takes place.
Individual development (assignment of rights). Only where the quotation (devis) expressly designates a service as individual development does the Provider assign to the Client, upon full payment, the agreed economic rights (in particular reproduction, adaptation and distribution) for the purpose, territory and duration specified in the quotation, in accordance with art. L131-3 CPI. Rights not expressly assigned remain with the Provider.
Pre-existing rights (background IP). Pre-existing components, tools, methods, libraries and the Provider’s know-how remain the Provider’s property, including the right to reuse them for other clients, even where they are incorporated in a deliverable.
Open source. Where a deliverable includes open-source components, their respective licences apply; no rights beyond those licences can be granted.
Reference. The Provider may mention the engagement as a reference, unless the Client objects in writing.
10. Confidentiality
Each party undertakes to keep confidential the non-public information disclosed by the other party in connection with the service, for the duration of the relationship and for two years after its end.
11. Liability
The Provider’s liability, on any grounds whatsoever, is limited to the amount of the order concerned. The Provider cannot be held liable for indirect damages (loss of operations, loss of data, loss of revenue, etc.). The Client remains responsible for backing up its data.
12. Right of withdrawal (consumer clients)
In accordance with article L221-18 of the French Consumer Code, the consumer Client has a period of 14 days to exercise their right of withdrawal from the conclusion of the contract, without having to give a reason.
In accordance with article L221-28 of the same code, a consumer Client who expressly requests performance of the service before the end of the withdrawal period waives that right once the service has been fully performed.
To exercise this right, the Client may send an unambiguous statement by email or post, for example using the following model form:
Withdrawal form — To do IT smart., 10 Rue de l’Énergie, 67720 Hœrdt, France: I hereby give notice of my withdrawal from the contract for the service below. Ordered on: … — Client name: … — Address: … — Date: … — Signature (if paper form): …
13. Mediation and consumer disputes
The consumer Client may use a consumer mediation scheme free of charge. For disputes, in particular cross-border disputes within the European Union, the Client may contact the European Consumer Centre France (CEC France / ECC-Net network):
Centre Européen des Consommateurs France
Bahnhofsplatz 3, 77694 Kehl, Germany
www.europe-consommateurs.eu
14. Governing law and jurisdiction
These Terms are governed by French law. For business clients, any dispute falls within the exclusive jurisdiction of the Tribunal judiciaire de Strasbourg. For consumer clients, the competent court is determined in accordance with the applicable legal rules.
Last updated: July 2026.