1. Who we are
These terms govern sales of services by New Digital Foundry SAS (“we”), 20 Rue du Haldenbourg, 67450 Mundolsheim, France, registered as RCS Strasbourg [[CLIENT: SIREN]], to any person or business (“you”) through newdigitalfoundry.com or by written order. Contact: support@newdigitalfoundry.com, +33 3 88 10 46 73.
2. Our services
We sell web design, web development, e-commerce, branding, product and UI/UX design, SEO and growth, and care and maintenance. Each package page lists what is included, the turnaround and the price. The scope confirmed in writing after your order (the “Scope”) is the reference for the project.
3. Prices
Prices are in euros. They are shown excluding VAT (HT) with the VAT-inclusive price (TTC) alongside, at the French rate of 20%. Price on request items are quoted before any payment. Prices on the site can change, but the price you accepted at order stays valid for that order. Hosting, domain names, third-party licences, paid plugins and platform subscriptions are not included unless stated.
4. Ordering
You order by adding items to the cart and completing checkout, or by accepting a written quote. The order is confirmed when we send you your order reference. Within two working days we contact you to confirm the Scope and kick-off date. Work starts when the Scope is confirmed and the deposit is paid.
5. Payment
- One-off projects: 30% at order, 40% at design sign-off, 30% before launch.
- Day rates and the SEO audit: paid in full at order.
- Monthly plans and retainers: billed monthly in advance.
Invoices are payable on receipt unless stated. For professional customers, late payment triggers the legal penalties: interest at three times the legal rate and a fixed recovery fee of 40 €, under article L441-10 of the Code de commerce.
6. Timelines and your part
Turnarounds on the site are estimates that start from kick-off and assume you give feedback, content and access on time. Delays on your side move our dates. If we are late for reasons within our control, we tell you and agree a new date.
7. Feedback rounds and changes
Each package includes a stated number of feedback rounds. Extra rounds and changes outside the Scope are quoted before we do them, and billed at our day rates.
8. Ownership
On payment in full, you own the deliverables created for you: designs, code, files and content we produced. Until then, we keep ownership. Third-party components, fonts, plugins and stock assets keep their own licences, and we tell you which ones apply. We keep our general know-how and any tools and code that are not specific to your project.
9. Hosting and third parties
Unless stated, we deploy to hosting and platforms you own. Their fees, terms and availability are outside our control.
10. Care plans and retainers
Care plans (Essential, Plus, Priority) and SEO retainers renew monthly. You may cancel with 30 days’ notice. SEO retainers have a minimum term of three months. Included hours do not carry over.
11. Results
We commit to doing the work described. We do not guarantee search-engine rankings, traffic, sales or conversion rates.
12. Consumers: right of withdrawal
If you buy as a consumer, you have 14 days from your order to withdraw without giving a reason. If you ask us to start within that period, you pay for what we have done up to the moment you tell us you are withdrawing, and you lose the right of withdrawal once the service is fully performed. Full details and a model form are in the cancellation and refund policy.
13. Legal guarantees
Consumers keep the legal guarantee of conformity that the Code de la consommation provides for digital services. Nothing here limits your legal rights.
14. Liability
We are liable for damage caused by our fault, as the law provides. For professional customers, our total liability for a project is limited to the amount you paid for it, except for wilful misconduct or gross negligence, and we are not liable for loss of profit or indirect loss.
15. Confidentiality
Each of us keeps the other’s non-public information confidential during the project and for two years after it ends.
16. Personal data
We handle personal data as described in the privacy policy.
17. Force majeure
Neither of us is liable for a delay or failure caused by an event beyond reasonable control, such as an outage of a supplier, an act of a public authority or a natural disaster.
18. Complaints and mediation
Write to support@newdigitalfoundry.com first. We reply within one month. If we cannot resolve it, consumers may use free consumer mediation: [[CLIENT: consumer mediation body name + URL]]. The EU online dispute resolution platform has been closed. The mediator above is the route to use.
19. Governing law and courts
These terms are governed by French law. Consumers may bring a dispute before the court of their residence or of the place where the service was delivered, as the law allows. For professional customers, the courts of Strasbourg have exclusive jurisdiction.
20. Language
These terms exist in English and French. If they differ, the French version prevails.