General Terms of Sale
Terms governing the services and packaged offers provided by Nexacare Studio.
Last updated: November 2, 2026.
1. Provider and scope
These terms govern the services of Stéphane Bogaert, sole proprietor (entrepreneur individuel, EI), trade name NEXACARE, brand name in use Nexacare Studio (the “Provider”), 231 rue Saint-Honoré, 75001 Paris, France, SIRET 888 904 927 00033, contact@nexacare.fr, +33 6 89 28 35 30.
They apply to anyone who orders a service (the “Client”): creation of websites and apps, maintenance, visibility on Google, advertising, marketing and related services, whether on the basis of a package or by quote. Certain clauses concern only the consumer Client, that is, the individual acting outside their professional activity, or only the professional Client; they say so when that is the case. The accepted quote prevails over these terms in the event of a conflict.
2. Offers
The website presents three packages (one-page showcase site, standard website, website with client area), each of which can be built from a catalog template or as a custom creation. The “from” prices and lead times shown are guidelines, until the quote is drawn up. Mobile apps, online stores, booking modules, business tools and specific projects are by quote only.
The website also presents monthly follow-up plans and à la carte services (Article 10), as well as an offer reserved for individuals for an event page (Article 10). The free diagnostic offered on the website is without obligation and does not constitute an order.
3. Order
No sale is concluded directly on the website : choosing a package or a template, or sending the contact form, is merely a request with no commitment. The order proceeds as follows:
- Request: the Client describes their needs via the form, by email or by WhatsApp.
- Quote: the Provider replies within 48 business hours, specifies the scope and sends a detailed quote stating the price, content, deposit and estimated delivery date.
- Acceptance: the contract is formed when the Client returns the accepted quote, in writing, by email or electronic signature.
- Start: after payment of the deposit, and subject to Article 11 for the consumer, the Client receives access to the client area and work begins.
4. Prices
Prices are stated in euros and net of tax: VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts). The final price is the one in the quote. Unless otherwise stated in the quote or in the relevant offer, it includes neither hosting, nor the domain name, nor app store developer accounts, nor third-party services or licenses (Article 10). Any work outside the scope of the quote is subject to an amendment accepted beforehand.
5. Payment
A deposit of 30% to 50% of the price, specified in the quote, is due on acceptance. The balance is payable on delivery, or according to the payment schedule in the quote. For a mobile app, the last invoice is paid on handover of the signed app if it is published on the Client’s developer account, or when it is visible and downloadable by the public if it is published on Nexacare’s account.
Promo codes. A promo code is personal, can be used once and is valid until the date stated in the email containing it. The Client enters it in the Invoices section of their project, and the Provider then applies the discount to the invoice concerned. Unless otherwise stated, a code cannot be combined with another, does not apply to the advertising budget paid to Google and cannot be refunded in cash.
Monthly services are invoiced each month, according to the terms of the quote. Invoices are sent via the client area and are paid by bank card through a secure Stripe payment link, or by any other means stated in the quote. The Provider never has access to card numbers.
In the event of late payment, the Provider may suspend work after a reminder that has gone unheeded. Business Client: late-payment penalties at the ECB rate plus 10 percentage points and a fixed recovery charge of €40 (Articles L441-10 and D441-5 of the French Commercial Code, Code de commerce), with no discount for early payment. Consumer Client: interest at the statutory rate after formal notice.
6. Performance and collaboration
The Provider performs the service with care and in accordance with good professional practice. The Client provides the necessary materials (texts, images, logo, access, login details) in good time and warrants that they hold the corresponding rights. Progress can be followed in the client area. The number of revisions included is specified in the quote.
The Provider uses artificial intelligence tools to design and develop its work, in particular to write code and to produce mock-ups and visual concepts submitted for the Client’s approval. The Provider directs, reviews and tests the result, for which it remains fully responsible. It may also use subcontractors, while remaining responsible for their work.
7. Timelines and delivery
The delivery date is the one in the quote; the timelines shown on the website (from a template or custom) are indicative. It runs from the start provided for in Article 3 and is postponed accordingly when the Client is late in providing an item or an approval. The consumer Client retains the rights granted by Articles L216-1 et seq. of the French Consumer Code (Code de la consommation) in the event of delay.
8. Approval
The Client checks the versions made available to them and reports their comments in the client area. Business Client: if the Client expresses no reservations within 8 days of the final version being made available, or if the website goes live at the Client’s request, delivery is deemed accepted.
9. Intellectual property
Once the price has been paid in full, the Provider assigns to the Client, on an exclusive basis, the rights of reproduction, public communication (représentation) and adaptation in the creations made specifically for the Client, worldwide and for the legal term of protection, for use within the website or app specified in the quote. The complete code is then handed over to the Client. Until payment is complete, the Provider retains all its rights in the deliverables.
Templates: a catalog template remains the property of the Provider, who may offer it to other clients. The Client receives a non-exclusive license, worldwide and with no time limit, allowing them to use it for their website; customizations specific to the Client are assigned to them under the conditions above.
Third-party components (open-source libraries, fonts, images, services) remain subject to their own licenses, and items provided by the Client remain the Client’s property.
Items produced with artificial intelligence without human creative input may not be protected by copyright: the assignment covers existing rights, and the Provider cannot guarantee their exclusivity.
10. Hosting, domain and app stores
Unless otherwise stated in the quote, hosting, domain name and third-party service costs remain payable by the Client. The Provider advises the Client and configures the go-live. For a mobile app, the Client chooses in the quote between publication on their own developer account, in which case the Provider cannot supply the testers required by the app stores, and publication on Nexacare’s account, with the option of a later transfer to the Client’s account. Decisions of the app stores rest with those stores. Changes beyond the guarantees in Article 13 are subject to a separate agreement.
Maintenance. The maintenance subscription, at €39 per month net of tax per site, or €59 per month net of tax for a site with a client area, includes technical and security updates, one backup per month, a monthly check that the site is working properly, correction of its faults with a response within 48 business hours, priority intervention when the site is inaccessible or hacked, restoration of a site that has been hacked or modified by a third party from the latest backup, and one small change per month, of 30 minutes at most and non-cumulative, concerning a text, a price, an opening time or a photo supplied by the Client. The following are excluded and are subject to a quote: new pages or features, redesigns, copywriting, SEO and apps. Hosting, the domain name and subscriptions to third-party services remain payable by the Client. The maintenance subscription is offered free for 3 months for any website order; at the end of this period, it continues only with the Client’s express agreement. It can also be taken out on its own, at the same prices, after the site concerned has been checked. The Client may cancel it at any time by email, with effect at the end of the current month.
Monthly follow-up. The following prices are net of tax, per month and per site. The Presence plan, at €39, includes maintenance and the creation or takeover of the Google Business Profile. The Visibility plan, at €169, adds local SEO, monitoring of the Google Business Profile and reviews, and a monthly report. The Growth plan, at €329 plus €249 setup, adds management of Google Ads campaigns, tracking of calls and inquiries, and a monthly optimization. For a site with a client area, each plan costs €20 more per month.
À la carte services. The following prices are net of tax. Local SEO, at €149 per month, includes work on the Google Business Profile, local pages, reviews and monitoring. Google Ads management, at €199 per month plus €249 setup, covers an advertising budget of up to €1,500 per month; beyond that, it is subject to a quote. Marketing, from €290 per month, includes 4 posts and 1 campaign per month on social media and by email.
The advertising budget is not included: the Client sets it, may stop it and pays it directly to Google. The Client remains the holder of their Google accounts and grants the Provider the necessary access. Unless otherwise agreed in the quote, these monthly services have no minimum term: the Client may cancel them at any time by email, with effect at the end of the current month. The Provider is bound by an obligation of means: it does not guarantee a position on Google, nor a number of calls, inquiries or sales, which depend in particular on competition and on Google’s decisions. The figures in the monthly report come from the tools used and are provided for guidance only.
Event page. This offer is reserved for individuals, for a personal event such as a wedding, a birthday, a christening or a family party. Its single price is €200 net of tax. It includes a single page built from a template, with the Client’s texts, photos and colors, and published at an address of the type mysite.nexacare.fr, with no domain name to buy. Hosting and standard maintenance are included for 3 months from going live. At the end of this period, they end and the page may be taken down, unless an extension is agreed in writing. The address remains a subdomain of nexacare.fr, of which the Client does not become the holder. The page does not include handling of guest replies, the creation of an account, or the sending of messages. The Client warrants having obtained the agreement of the people named or photographed.
11. Right of withdrawal (consumer Client)
As the contract is concluded at a distance, the consumer Client has 14 days from acceptance of the quote to withdraw, without giving a reason and at no cost (Articles L221-18 et seq. of the French Consumer Code, Code de la consommation). The Client need only give unambiguous notice before this period expires, by email to contact@nexacare.fr or by mail to the address in Article 1, using, if the Client so wishes, the form at the end of these terms. The Provider acknowledges receipt and refunds the sums paid within 14 days, using the payment method used, unless otherwise agreed.
Start during the withdrawal period. Work begins before the end of this period only if the Client expressly requests it. If the Client then withdraws, they pay only for the service provided up to the withdrawal, in proportion to the total price (Article L221-25). If the service is fully performed before the end of the period, at the Client’s express request and after the Client has acknowledged that they thereby lose their right of withdrawal, this right can no longer be exercised (Article L221-28, 1°).
12. Cancellation and force majeure
After the withdrawal period, the Client may cancel their order in writing. Business Client: the deposit is retained by the Provider and work carried out beyond its amount is payable. Consumer Client: work carried out up to the date of cancellation remains payable; any overpayment is refunded.
If the Provider decides not to perform the contract, it refunds the sums corresponding to the work not carried out. Neither party is liable for non-performance due to force majeure (Article 1218 of the French Civil Code, Code civil).
13. Statutory guarantees
Guarantor: Stéphane Bogaert (EI), contact details in Article 1. Consumer Client: the digital content or digital service provided benefits from the following statutory guarantees, which apply independently of any other clause.
The consumer has two years from the supply of the digital content or digital service to obtain the application of the statutory guarantee of conformity if a lack of conformity appears. For one year from the date of supply, the consumer need only establish the existence of the lack of conformity and not the date on which it appeared.
The statutory guarantee of conformity entails an obligation to provide all updates necessary to keep the digital content or digital service in conformity.
The statutory guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in return for giving up the digital content or digital service, if:
1° The trader refuses to bring the digital content or digital service into conformity;
2° Bringing the digital content or digital service into conformity is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to termination of the contract (résolution) where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request first that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, the consumer is entitled to annulment of the contract only if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable in order to bring it back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.
The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code (Code de la consommation).
A trader who in bad faith obstructs the application of the statutory guarantee of conformity is liable to a civil fine of up to 300 000 euros, which may be increased to as much as 10% of average annual revenue (Article L. 242-18-1 of the French Consumer Code, Code de la consommation).
The consumer also benefits from the statutory guarantee against hidden defects (garantie légale des vices cachés) under Articles 1641 to 1649 of the French Civil Code (Code civil), for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving up the digital content or digital service.
Business Client: the Provider corrects free of charge any blocking faults reported within 30 days of delivery, if they arise from its service and not from a modification by a third party or from a third-party service.
14. Liability
The Client remains responsible for the content published and for the legal compliance of their business and website (legal notice, terms of sale, data of their own customers), unless the quote expressly entrusts this task to the Provider. Business Client: the Provider is bound by an obligation of means (obligation de moyens); its liability is limited to direct damage and to the amount actually paid under the order, except in the event of gross negligence or willful misconduct (faute lourde ou dolosive). This limitation does not apply to the consumer Client, whose statutory rights remain intact.
15. Personal data
The processing of the Client’s data is described in the privacy policy. Where a service leads the Provider to process data on the Client’s behalf, for example data of the users of a client area, it acts as a processor, solely on the Client’s instructions and under the conditions of Article 28 of the GDPR, as specified in the quote or in a dedicated agreement.
16. References
Unless the Client refuses in writing, the Provider may cite the Client’s name and present the delivered work, with screenshots, among its references.
17. Retention of the contract
The Provider retains the contract for 10 years where its amount reaches €120, and the consumer Client may access it on request (Article L213-1 of the French Consumer Code, Code de la consommation).
18. Complaints and mediation
Any complaint should be sent to contact@nexacare.fr or to the address in Article 1; the Provider replies as soon as possible.
If the disagreement persists after this complaint, the consumer Client may, free of charge, refer the matter to the consumer mediator (médiateur de la consommation) to which the Provider belongs: CM2C, 49 rue de Ponthieu, 75008 Paris, https://www.cm2c.net (Articles L612-1 et seq. of the French Consumer Code, Code de la consommation).
19. Applicable law and disputes
These terms are subject to French law. Consumer Client: the Client may bring proceedings, at their choice, before the court of their place of residence or one of the courts with jurisdiction under the ordinary rules (droit commun). Merchant Client: failing amicable settlement, the dispute falls within the jurisdiction of the courts of Paris.
Withdrawal form
To be completed and returned only if you wish to withdraw from the contract:
For the attention of Stéphane Bogaert (EI), NEXACARE, 231 rue Saint-Honoré, 75001 Paris, France, contact@nexacare.fr:
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:
Accepted 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.
