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Terms & Conditions

Last updated: October 2026

Scope of Application

These General Terms and Conditions of Sale (GTCS) apply exclusively to clients of Benjamin Sanna EI (Devbrek) who have accepted a quote for a web development service. They do not govern simple browsing of the devbrek.fr website, which is governed by the Terms of Use.

1. Parties

These General Terms and Conditions of Sale (GTCS) are issued by Benjamin Sanna EI, trading as Devbrek, micro-entrepreneur based at 781 avenue de Monsieur Teste, 34070 Montpellier, France (SIRET: 851 990 895 00027). They apply to any client — individual or professional — engaging Benjamin Sanna EI (Devbrek) for web development services. Acceptance of a quote constitutes full acceptance of these terms. Contact: +33 6 29 84 28 84 – contact@devbrek.fr.

2. Services

Benjamin Sanna EI (Devbrek) provides the following services:

  • —Preliminary technical audit for projects outside the JavaScript/TypeScript stack
  • —Custom website and landing page development
  • —Custom web application development (authentication, database, dashboard)
  • —AI integration (chatbots, agents, streaming)
  • —Third-party API and service integration
  • —Website redesign and modernization

Each project is governed by a specific quote agreed upon and signed before any work begins. The quote defines the scope, deliverables, timeline, and price.

3. Third-Party Services and Handover

Certain services require the use of third-party providers (hosting, domain name, APIs, artificial intelligence services, email, etc.). Unless otherwise stated in the quote, the following conditions apply:

  • —Accounts with these providers are created in the client's name; the related fees are the client's responsibility and are billed directly by the providers;
  • —Benjamin Sanna EI (Devbrek) may assist with the creation of these accounts; where the service allows it, the client remains the account holder and invites Benjamin Sanna EI (Devbrek) as a collaborator; failing that, the necessary credentials are transmitted to Benjamin Sanna EI (Devbrek) by a secure method (password manager), never in plain text by email;
  • —The client creates the necessary accounts within the agreed timeframes; failing that, the provisions of the "Collaboration, Delivery and Obligations of the Parties" article apply;
  • —The client is solely responsible for setting spending limits on usage-based services (API, artificial intelligence, etc.);
  • —Benjamin Sanna EI (Devbrek) is not responsible for the availability, malfunctions, pricing changes, or discontinuation of these third-party services.

Access to the client's accounts remains theirs under all circumstances; at the end of the engagement, Benjamin Sanna EI (Devbrek) deletes its own access. Delivery of the source code and documentation takes place after full payment, in accordance with the Intellectual Property article.

4. Pricing & Quotes

The standard daily rate is 275 €/day (VAT not applicable, article 293 B of the French General Tax Code). All quotes are provided per project based on the defined scope. Prices are fixed once the quote is signed. Any scope change requested by the client after signing may result in a revised quote.

5. Payment Terms

Unless otherwise stated in the quote, the price is payable according to the following schedule:

  • —30% upon signing the quote, before any work begins;
  • —20% upon approval of the mockup;
  • —50% upon delivery of the final deliverable.

Invoices are payable within 15 days of issue. No discount is granted for early payment.

Business clients: any late payment automatically incurs penalties at three times the legal interest rate, plus a fixed indemnity of €40 for recovery costs (articles L441-10 and D441-5 of the French Commercial Code).

Consumer clients: in the event of late payment, amounts due bear interest at the legal rate after formal notice.

Where the contract is concluded off-premises — that is, in a place where Benjamin Sanna EI (Devbrek) does not habitually carry on its business — with a consumer client, or with a professional client under the conditions of Article L221-3 of the French Consumer Code (a contract whose purpose falls outside the scope of the client's main business activity, where the client employs five or fewer people), no payment, including the first instalment of the schedule above, may be required or received before the expiry of a period of seven (7) days from the conclusion of the contract (Article L221-10 of the French Consumer Code). The schedule applicable to this case begins at the end of this period.

6. Collaboration, Delivery and Obligations of the Parties

The parties agree to collaborate in good faith and fairly so that the project proceeds under the best conditions. To this end:

  • —Benjamin Sanna EI (Devbrek) keeps the client informed of the project's progress and promptly reports any difficulty likely to affect its timeline, scope, or price;
  • —the client designates a point of contact, provides the content, feedback, approvals, and access required within the agreed timeframes, and responds to approval requests within 8 business days, unless another timeframe is specified in the quote.

Delivery timelines are estimates and depend on the client's compliance with these commitments. Benjamin Sanna EI (Devbrek) cannot be held responsible for delays caused by the client's lack of diligence. The client is solely responsible for the accuracy and legality of all content, data, and materials provided.

7. Cancellation

Subject to the right of withdrawal set out in the "Right of Withdrawal" article, if the client cancels the project after work has begun, work completed up to the date of cancellation is invoiced proportionally to the total quote. For business clients, the deposit is in addition retained by Benjamin Sanna EI (Devbrek). For consumer clients, the portion of the deposit exceeding the work carried out is refunded to them. In the event of non-payment, Benjamin Sanna EI (Devbrek) may suspend work after a written reminder has gone unanswered for 8 days.

Client non-response: if the client does not respond to requests from Benjamin Sanna EI (Devbrek) within the timeframe set out in the "Collaboration, Delivery and Obligations of the Parties" article, Benjamin Sanna EI (Devbrek) may suspend the project and reallocate the time that had been reserved for it; the delivery schedule is then postponed accordingly. If the client still does not respond within eight (8) days of a written formal notice, the project is deemed abandoned by the client. Work completed up to that date is then invoiced proportionally to the total quote; the deposit remains non-refundable for business clients and, for consumer clients, the portion of the deposit exceeding the work carried out is refunded to them. For business clients, a fixed indemnity equal to twenty percent (20%) of the remaining amount due under the quote is added, in compensation for the time reserved for the project.

7 bis. Right of Withdrawal (Consumer Clients and Small Business Clients)

Where the contract is concluded remotely or off-premises with a consumer client, the client has a period of fourteen (14) days from the date the quote is signed to withdraw, without having to provide a reason (articles L221-18 et seq. of the French Consumer Code). The same fourteen (14) day right of withdrawal is available to a professional client under the conditions of Article L221-3 of the French Consumer Code (a contract whose purpose falls outside the scope of the client's main business activity, where the client employs five or fewer people), but only where the contract is concluded off-premises. The client exercises this right in writing to contact@devbrek.fr or by using the withdrawal form available at https://devbrek.fr/withdrawal-form. Any sums paid are then refunded within 14 days. For contracts concluded off-premises, no payment may otherwise be required or received before seven (7) days (see the "Payment Terms" article).

Work does not begin before the end of this period, unless expressly and in writing requested by the client. In that case, if the client withdraws, they must pay the amount corresponding to the work carried out up to the date the withdrawal is communicated (article L221-25 of the French Consumer Code). The client loses the right of withdrawal once the service has been fully performed with their prior express consent and acknowledgment of the loss of this right (article L221-28 of the French Consumer Code).

8. Intellectual Property

Until full payment is received, all code, designs, and assets produced by Benjamin Sanna EI (Devbrek) remain its exclusive property. Upon full payment, Benjamin Sanna EI (Devbrek) assigns to the client the following economic rights over the deliverable, each for the scope, purpose, territory, and duration specified below:

  • —Reproduction right: on all digital media, for the client's use of the deliverable for the purposes of its business, worldwide, for the legal term of copyright protection;
  • —Communication right: public communication and publishing of the deliverable online, on all digital media, for the client's use of the deliverable for the purposes of its business, worldwide, for the legal term of copyright protection;
  • —Adaptation and modification right: adaptation, modification, and evolution of the deliverable, on all digital media, for the client's use of the deliverable for the purposes of its business, worldwide, for the legal term of copyright protection;
  • —Translation right: translation of the deliverable into any language, on all digital media, for the client's use of the deliverable for the purposes of its business, worldwide, for the legal term of copyright protection;
  • —Right to make available: making the deliverable available to third parties, on all digital media, for the client's use of the deliverable for the purposes of its business, worldwide, for the legal term of copyright protection.

Pending full payment, the client benefits from a provisional, non-exclusive right to use the deliverable, including publishing it online. This right is automatically revoked in the event of non-payment when due, after a written formal notice has remained without effect for 8 days; the client must then cease all use of the deliverable.

Pre-existing code belonging to Benjamin Sanna EI (Devbrek) and its reusable generic building blocks, developed independently of any client project, are excluded from this assignment. The client receives a non-exclusive, royalty-free, perpetual license to use them, limited to the use of the deliverable, including the right to modify and maintain them as part of the deliverable, by the client or by a provider of its choice. This license is transferable along with the deliverable in the event of its assignment.

Open source components and third-party resources (fonts, images, icons, libraries) included in the deliverable remain subject to their original license. Any license fees for these are borne by the client where provided for in the quote. A list of the main dependencies and their licenses is provided to the client upon delivery.

Benjamin Sanna EI (Devbrek) retains the right to mention the project and display non-confidential elements in its portfolio, unless the client explicitly requests otherwise in writing before signing the quote.

9. Warranty

Benjamin Sanna EI (Devbrek) will correct, free of charge, any defects reported within one (1) month of delivery. A defect is any behaviour that does not conform to the quote or the approved specifications; it must be reported in writing within this period. The following are excluded: new features or changes to the request, work carried out on the deliverable by the client or a third party, and malfunctions or changes in third-party services (hosting, APIs, etc.). This contractual warranty is in addition to, and does not replace, any applicable statutory warranties.

10. Maintenance

Beyond the warranty period, maintenance is optional. It is not included in the price of the service and is subject to a separate quote or contract.

11. Liability

Benjamin Sanna EI (Devbrek) is bound by an obligation of means, not of results. Benjamin Sanna EI (Devbrek) cannot be held liable for indirect, incidental, or consequential damages. The total liability of Benjamin Sanna EI (Devbrek) is limited to the amount paid by the client for the relevant project. This limitation does not apply to consumer clients.

12. Force Majeure

Neither party shall be liable for delays or failures resulting from causes beyond their reasonable control. If a force majeure event exceeds 60 days, either party may terminate the contract without indemnity.

13. Confidentiality

Both parties agree to keep confidential any sensitive information exchanged during a project. This obligation remains in effect for 2 years following the end of the collaboration.

14. Modifications to Terms

Benjamin Sanna EI (Devbrek) reserves the right to modify these terms at any time. The terms applicable to a project are those in effect on the date the quote is signed. New terms apply only to quotes signed after their publication.

15. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Governing Law & Disputes

These terms are governed by French law and EU regulations including GDPR. In the event of a dispute, the parties shall first seek an amicable resolution.

Business clients: failing an amicable agreement, the dispute shall be brought before the court having jurisdiction under the ordinary rules.

Consumer clients: after a prior written complaint has not received a satisfactory response, the client may refer the matter free of charge to the following consumer mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris – phone: 01 89 47 00 14 – email: litiges@cm2c.net – online submission: https://www.cm2c.net/declarer-un-litige.php. The consumer client may, at their choice, bring the matter before any court with territorial jurisdiction under the French Code of Civil Procedure, or the court of the place where they resided at the time the contract was concluded.

These terms are drawn up in French, English and German. In the event of any discrepancy between these versions, the French version shall prevail.

17. Contact

For any questions regarding these terms: contact@devbrek.fr