Terms of sale

Operator	Charles Gauthier, sole trader (French micro-entreprise)
Company ID (SIRET)	538 041 153 00023
Address	151 Allée du Thym, 13400 Aubagne, France
Email	contact@charles-gauthier.com
VAT status	VAT-exempt under art. 293 B of the French tax code — VAT not applicable

These terms govern all services provided by the Provider: digital acquisition consulting, lead generation, advertising campaigns, optimisation, and e-commerce design and development.

Signature of the quote by the Client constitutes full acceptance of these terms. The signed quote and these terms together form the contract between the parties.

Each engagement is the subject of a detailed quote setting out its scope, deliverables and price. Unless stated otherwise, a quote is valid for 30 days from issue.

Any work not covered by the quote is subject to an amendment or a new quote, accepted by the Client beforehand.

The Provider is bound by a best-efforts obligation, not an obligation to achieve a specific result. He applies all his expertise and the means necessary to carry out the engagement properly.

Performance in acquisition, search visibility, advertising or sales depends on external factors outside the Provider’s control (market, competition, media budget, user behaviour, and the decisions and algorithms of third-party platforms). No lead volume, search ranking, conversion rate or revenue figure can therefore be guaranteed.

Prices are stated in euros. As the Provider benefits from the French VAT exemption scheme, no VAT is charged (art. 293 B of the French tax code).

• One-off projects: a 30% deposit on order, which triggers the start of the engagement, then the 70% balance on delivery.
• Recurring services (campaigns, optimisation, monitoring): invoiced monthly, at the end of the month.

Payment is by bank transfer only. Unless another period is agreed in the quote, invoices are payable on receipt and within 30 days at the latest.

Under article L.441-10 of the French Commercial Code, late payment automatically incurs, without prior reminder:

• late-payment interest at three times the statutory interest rate in force;
• a fixed recovery fee of €40; where the costs actually incurred are higher, additional compensation may be claimed on production of evidence.

In the event of non-payment, the Provider reserves the right to suspend work immediately after a formal notice has gone unanswered, without that suspension releasing the Client from its obligations. Persistent non-payment may lead to termination of the contract at the Client’s fault and to recovery proceedings.

Delivery timescales are indicative unless otherwise agreed in writing. They depend on the Client supplying, within the agreed timeframe, the material needed for the engagement: access, content, credentials, approvals and a single named point of contact.

Any delay or failure by the Client to supply this material postpones the timescales, without liability on the part of the Provider. The Client warrants that it holds the rights to all material it provides.

The Provider remains the sole owner of all systems, capture pages, scripts, tools and methods deployed during the engagement. The Client receives a non-exclusive, non-transferable right of use limited to the duration of the partnership.

Contacts and leads collected on the Client’s behalf are passed to the Client. At the end of the partnership, the Provider hands over all leads generated and collected for the Client during the collaboration.

Bespoke developments produced for the Client are assigned to the Client once the corresponding work has been paid for in full. The Client then owns them for its own use.

However, the Client may not under any circumstances resell, distribute, sub-license, publish or transfer to a third party the scripts, code, modules and components developed by the Provider. The Provider retains the right to reuse his expertise, methods and generic components for other clients.

Each party undertakes to keep confidential the information and documents exchanged during the engagement, and not to disclose them to third parties without prior agreement, both during the contract and after it ends.

One-off projects end on delivery of the services set out in the quote.

Recurring services are entered into with no minimum term and may be terminated by either party on 30 days’ notice given by email. Work carried out and committed up to the end of the notice period remains payable. The deposit paid at the start of a project is non-refundable, as it covers the launch of the engagement.

The Provider’s liability is strictly limited to performance of the service and can only be engaged where fault is proven. It may not exceed the amounts actually received for the service concerned.

The Provider cannot be held liable for:

• decisions, account suspensions, algorithm changes or cost variations on third-party platforms (Google, Meta and others);
• interruptions or failures of third-party services and hosting providers;
• the consequences of incorrect information, access or content supplied by the Client;
• indirect damage, loss of business or loss of revenue.

As services are provided to business clients for the purposes of their business, the right of withdrawal under the French Consumer Code does not apply. Where the law expressly provides otherwise (in particular article L.221-3 of the French Consumer Code), the rights of the business client concerned are respected.

These terms are governed by French law. In the event of a dispute, and failing an amicable settlement, jurisdiction lies with the competent courts of Marseille, France.