Terms of service

These terms of service (the “Terms”) govern the website design, app development, search optimisation (SEO / GEO) and maintenance services provided by Simon Leplat (Nexlyx) (“Nexlyx”) to its business and consumer clients (the “Client”). Placing an order implies acceptance of these Terms. Any specific conditions set out in the quote prevail over these Terms.

1. Quotes and orders

Each service is subject to a detailed quote, valid for 30 days. An order becomes binding once Nexlyx receives the signed quote (or written acceptance) and the agreed deposit. Prices are stated in euros excluding VAT, with VAT applied where applicable at the current rate. Prices published on the website are starting prices; only the amount of the accepted quote is binding on the parties.

2. Free mock-up

The homepage mock-up produced before signature is free of charge and creates no obligation. It remains the property of Nexlyx until an order is placed and may not be used by the Client or any third party without consent.

3. Project delivery and approval

The Client provides the necessary content and access and approves each stage within a reasonable time. Unless otherwise stated in the quote, two rounds of revisions are included at each stage. Going live constitutes acceptance of the work; any reservations must be notified in writing within 15 days. Stated timeframes are estimates and depend on the responsiveness of both parties.

4. Payment terms

Unless otherwise stated in the quote, payment is made in three interest-free instalments: 30% on order, 30% on approval of the design and 40% at launch. Invoices are payable within 30 days of issue at the latest. For business clients, any late payment automatically incurs penalties at three times the French statutory interest rate, plus a fixed recovery fee of €40 (Articles L.441-10 and D.441-5 of the French Commercial Code). No discount is granted for early payment.

5. Intellectual property

Upon payment in full, Nexlyx assigns to the Client the economic rights in the specific work created for them (design, source code, written content), worldwide and for the legal term of protection. Open-source components and third-party tools remain subject to their respective licences. The domain name is registered in the Client’s name. Unless the Client objects in writing, Nexlyx may list the project among its references.

6. Maintenance

Maintenance plans are monthly, with no minimum commitment unless otherwise stated, and may be cancelled at any time with effect from the end of the current month. Annual payment, equivalent to two months free, is payable in advance and is not refundable pro rata. Included hours of changes cannot be carried over from one month to the next. Any free months of maintenance included with a website build, depending on the package chosen, start on the launch date.

7. Performance guarantee

Nexlyx undertakes to deliver a website whose homepage achieves a mobile Lighthouse “Performance” score of at least 90, measured at launch. If it does not, Nexlyx will make the necessary corrections free of charge. This guarantee does not cover any deterioration caused by content, scripts or services added later by the Client or third parties.

8. Liability

Nexlyx is bound by an obligation of means (best endeavours), not of result. It does not guarantee any specific ranking in search engines or in answers from artificial intelligence tools, which depend on third-party algorithms. For business clients, its liability is limited to the amount, excluding VAT, of the service concerned.

9. Right of withdrawal (consumer clients)

Consumer clients have 14 days from the conclusion of a distance or off-premises contract to withdraw, without giving any reason, by sending a clear statement to contact@nexlyx.fr. If the consumer expressly asks for the service to start before the end of this period, they will owe an amount proportionate to the service provided up to the withdrawal (Article L.221-25 of the French Consumer Code).

10. Personal data

The Client’s data is processed in accordance with our privacy policy. Where Nexlyx processes data on the Client’s behalf (forms on the Client’s website, hosting), it acts as a processor within the meaning of Article 28 of the GDPR.

11. Mediation and disputes

In the event of a dispute, the parties will first seek an amicable solution. Consumer clients may refer the dispute, free of charge, to the consumer mediator: À COMPLÉTER (ex. CNPM Médiation Consommation) (https://www.economie.gouv.fr/mediation-conso). These Terms are governed by French law. Failing agreement, for business clients, the courts of Aix-en-Provence have exclusive jurisdiction.

12. Language

These Terms are a translation of the French Conditions générales de prestation, provided for convenience. In the event of any discrepancy or dispute over interpretation, the French version prevails.