Version 2026-09-16 r6, in force from 2026-09-16. Business customers only.
These apply to any relationship with Pikali, whatever the nature of the engagement.
These general terms of sale and of service (the “Terms”) govern all contractual relations between PIKALI, a French limited liability company (SARL) with share capital of €100, SIRET 10403821100017, Saverne Trade and Companies Register, VAT FR73104038211, whose registered office is at 37 Rue Principale, 67310 Dahlenheim, France (“Pikali”), and its business customer (“the Customer”).
They cover two kinds of engagement, dealt with separately below:
Pikali's services are offered exclusively to business customers acting for the purposes of their trade. The Customer represents that it has the capacity and authority to enter into this contract.
The contract consists of the following documents, which prevail over one another in this order in the event of any inconsistency:
The quotation defines scope, price and lead times; the Terms define the legal framework. No general purchasing conditions of the Customer are enforceable against Pikali unless expressly accepted by Pikali in writing.
Prices are stated in euros, excluding tax; VAT at the applicable statutory rate is added. The price of a quotation is firm throughout its validity period, as stated on the quotation and, failing that, 30 days from its issue date. After that period Pikali may revise it.
The price covers strictly the scope described in the quotation. Any request outside that scope falls under article 12 (changes). Costs incurred on the Customer's behalf (licences, fonts, image libraries, domain names, third-party subscriptions) remain payable by the Customer and are re-invoiced at cost, subject to prior agreement.
A discount granted on a quotation is specific to that quotation and to any consideration attached to it; it does not carry over to subsequent engagements.
The following sets out exactly what the Customer accepts when signing a quotation online from the customer area. This is the sole acceptance wording: the quotation does not reproduce it, it refers to it.
By entering their first name, surname and role, ticking the acceptance box and confirming, the Customer:
The signature is a simple electronic signature within the meaning of articles 1366 and 1367 of the French Civil Code and of Regulation (EU) No 910/2014 (eIDAS). It rests on a body of evidence recorded at the exact moment of confirmation: the name and role entered, the timestamped date and time, the IP address, the browser used, the quotation reference, the detail of the lines and options selected, the total amount, the version of the Terms accepted and the digital fingerprint (SHA-256) of the full text of those Terms.
Access to the customer area is protected by a personal access key issued to the Customer, who undertakes not to disclose it to any unauthorised third party.
In accordance with article 1356 of the French Civil Code, the parties expressly agree that the electronic records kept by Pikali shall constitute evidence between them as to the identity of the signatory, the date of signature and the content accepted, unless proven otherwise. The Customer acknowledges that this method was presented to it and accepts its evidential value.
The signed quotation is regenerated as a PDF and remains permanently accessible from the customer area. A confirmation is sent to the Customer by email immediately upon signature. Pikali retains the signed quotation and its evidence for ten years.
The quotation may also be accepted by handwritten signature or by express written agreement (an email confirming the referenced quotation). Payment of the deposit constitutes acceptance of the quotation to which it relates in any event.
Unless the quotation states otherwise, services are paid for as follows:
The deposit invoice is payable on receipt: it is its collection that triggers the start of the work and the running of lead times (article 9). Other invoices are payable within thirty days of their issue date. Payment is made by bank transfer or by card through the payment provider SumUp. Bank details appear on the quotation and in the client area, where card payment is also offered; any request to change those details received by email must be verified with Pikali by telephone before any transfer is made.
No discount is granted for early payment.
In accordance with article L.441-10 of the French Commercial Code, any payment made after the due date automatically gives rise, without any reminder being necessary, to:
Where payment is more than thirty days late and following a formal notice that has remained without effect for fifteen days, Pikali may suspend performance of the services in progress, including hosting and maintenance. Such suspension is preceded by written notice to the Customer stating the date on which it will take effect. It gives rise to no compensation. The Customer's data is retained during the suspension in accordance with article 15.
Website creation and redesign, bespoke development, hosting and maintenance.
Pikali is bound by an enhanced obligation of means: it applies the skill and care required by the state of the art to deliver the services in accordance with the quotation. It remains free to choose its methods, tools and technologies, provided the outcome matches what was described.
Pikali may use subcontractors or technical providers (host, registrar, payment provider); it remains responsible towards the Customer for their involvement.
The Customer has a single point of contact and an online area in which to follow progress, review deliverables and submit feedback.
The success of the project depends on the Customer's active cooperation. The Customer undertakes to:
The Customer remains responsible for the editorial content of its website, for compliance with the regulations applicable to its business, and for its own personal-data obligations towards its own customers.
Lead times stated in the quotation are indicative and run from the point at which three conditions are met: acceptance of the quotation, receipt of the deposit, and receipt of all materials expected from the Customer.
Any delay attributable to the Customer — missing materials, late approval, change request — postpones the schedule accordingly, without liability for Pikali. Where the postponement exceeds three months, Pikali may revise its price or close the project, invoicing the work carried out.
Deliverables are submitted to the Customer for approval. The Customer has ten working days from the notice of availability — sent by email and visible in the customer area — to submit specific written comments from that area. Failing any comment within that period, the deliverable is deemed accepted.
Unless the quotation states otherwise, a creation or redesign engagement includes two rounds of adjustments to the designs and one round of corrections after acceptance testing. Requests beyond that fall under article 12.
Go-live constitutes delivery. It is conditional on payment of the balance in full. For thirty days after go-live, Pikali corrects free of charge any failure to conform to the quotation. Excluded from this warranty are requested enhancements, failures of third-party services, and the consequences of any action by the Customer or a third party on the website.
Recurring services subscribed to in the quotation (hosting, backups, security updates, monitoring, included support hours) are provided for a term of one month, tacitly renewed, or for twelve months where the Customer has opted for annual payment.
Either party may terminate at any time by simple written request, with effect at the end of the current period; no notice period is required. Amounts relating to a period already started remain due and are not refunded pro rata.
Included support hours are not carried over from one period to the next. Backups are retained for the period stated in the quotation. Pikali endeavours to provide the best possible availability but gives no quantified availability commitment, save under a separate service agreement.
Recurring prices may be revised once a year on two months' notice; a Customer who refuses the revision may terminate free of charge before it takes effect.
Any request beyond the scope described in the quotation — additional page, unplanned feature, redesign after approval, rework of content supplied late — is subject to a supplementary quotation submitted to the Customer before any work is carried out. No out-of-scope work is undertaken without written agreement.
Pikali warrants that the services conform to the quotation and are performed in a workmanlike manner.
Pikali applies the good practices described in the quotation, in particular as regards search engine optimisation (page structure, titles and meta descriptions, content, performance, sitemap, structured data). These are obligations of means, the outcome of which depends on external factors beyond Pikali's control: search engine algorithms and their changes, competition, brand awareness, seasonality, advertising budget, content published by the Customer and the life of its market.
Accordingly, Pikali gives no guarantee as to search engine ranking, traffic volume, sales volume, conversion rate or any commercial result whatsoever. Any estimate, projection or illustrative figure that may be communicated is provided for information only and does not constitute a contractual commitment.
Pikali may only be held liable where fault is proven, and for direct loss suffered by the Customer. Indirect loss is excluded, in particular loss of business, turnover, customers, data or reputation.
Save in the case of gross negligence or wilful misconduct, and to the extent permitted by law, Pikali's total liability in respect of a project may not exceed the amount excluding tax actually paid by the Customer for that project in the twelve months preceding the triggering event.
Pikali is not liable for malfunctions attributable to a third-party service (host, payment provider, email service, external platform), to any action by the Customer or a third party on the delivered website, to a failure to update where the Customer has taken no maintenance, or for content published by the Customer.
Neither party is liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French Civil Code. This includes, without limitation, natural disasters, fire, major and prolonged failures of telecommunications or electricity networks, large-scale cyberattacks, and the total failure of a hosting provider. Performance is suspended for the duration of the event; if it exceeds two months, either party may terminate in writing, without compensation, with the work already carried out remaining payable.
On termination of the contract, for whatever reason, and subject to payment in full of all sums due, Pikali provides the Customer, on written request made within thirty days, with a complete backup of the website (files and database) in the standard format available at Pikali on the date of the request, together with the items required to transfer any domain name held by the Customer. Any specific export format, conversion, or assistance with handover to a third party is subject to a separate quotation.
After ninety days from the end of the contract, Pikali is no longer required to retain the hosted data and may delete it permanently.
The Customer's content, data, files, domain name and trade marks remain its exclusive property; Pikali acquires no rights over them and never reuses them for a third party.
From payment in full, the Customer holds over the delivered website or application a permanent, worldwide, unlimited-term and non-exclusive right of exploitation, for the purposes of its business. That right covers in particular use, hosting with the provider of its choice, modification, adaptation and further development of the website, by itself or by any provider of its choice, as well as its transfer in the event of a sale of its business or its company. The Customer requires no authorisation from Pikali for any of this.
Pikali retains ownership solely of the generic, reusable components it has developed — modules, libraries, templates, technical building blocks — whether they pre-date the engagement or are designed during it, and remains free to reuse them for other customers. Such reuse may never include the Customer's content, data, visual identity or business-specific elements.
Where a development funded by the Customer is reused in this way, the Customer receives in return, at no extra cost, the subsequent improvements to that component.
Until payment in full, Pikali retains ownership of the deliverables and use of the website is a revocable indulgence only.
Unless the Customer objects, Pikali is authorised to mention the Customer's name or company name, to describe the nature of the work delivered and to show visuals of it (screenshots, designs, a link to the live website), as a commercial reference, on its own media: the pikali.fr website, its portfolio, its sales presentations and its professional social media.
This authorisation does not cover:
The Customer may object, or request removal of a published reference, at any time, without justification and free of charge, by written request to contact@pikali.fr. Removal is carried out within 30 days.
Each party undertakes to keep confidential the non-public information it learns in connection with the contract — in particular, for Pikali, the Customer's commercial data and the content of the diagnostic report, and for the Customer, Pikali's methods and tools. This undertaking survives for three years after the end of the contract. It does not restrict the right of reference in article 17.
For the management of the commercial relationship, Pikali processes the Customer's identification and contact data as a controller, on the basis of performance of the contract. Such data is retained for the duration of the relationship and thereafter for the statutory limitation and accounting retention periods. The Customer has rights of access, rectification, erasure, restriction, objection and portability, exercisable at contact@pikali.fr, and the right to lodge a complaint with the French data protection authority (CNIL).
Where the services lead Pikali to process personal data on the Customer's behalf (hosting, maintenance, migration of a customer database), Pikali acts as a processor within the meaning of article 28 GDPR: it acts only on the Customer's documented instructions, implements appropriate security measures, imposes the same obligations on its own sub-processors, assists the Customer with its obligations, and deletes or returns the data at the end of the contract in accordance with article 15. Processing takes place within the European Union.
These obligations are set out in a dedicated document, the GDPR data processing agreement, which describes the processing carried out, the security measures and the authorised sub-processors. The Customer signs it online from its customer area before any work is done on its data.
As the contract is concluded between businesses for the purposes of the Customer's trade, the right of withdrawal under the French Consumer Code does not, in principle, apply.
By way of exception, under article L.221-3 of the French Consumer Code, a Customer employing five employees or fewer that subscribes, at a distance or off-premises, to services falling outside the scope of its main business activity has fourteen days to withdraw, without reason or penalty, by any unambiguous statement sent to contact@pikali.fr.
In that case, a Customer that requested immediate performance (article 4.1) and subsequently withdraws remains liable for the amount corresponding to the services actually provided up to the point its decision is communicated, in accordance with article L.221-25 of the same code.
In the event of a serious breach by either party of its obligations, the other may terminate the contract as of right thirty days after a formal notice that has remained without effect, without prejudice to damages. Persistent non-payment and a prolonged lack of cooperation making it impossible to continue the project each constitute a serious breach by the Customer.
On termination, the services performed up to the effective date remain payable and are invoiced in proportion to progress; the deposit paid is retained by Pikali where the termination is not attributable to it.
The Customer undertakes not to hire or engage, directly or indirectly, any employee, staff member or subcontractor of Pikali who has been introduced to it or with whom it has been put in contact in connection with the contract, for the duration of the contract and for twelve months after its termination, for whatever reason.
This undertaking covers both employment and the provision of services, whether directly or through an intermediary. It does not prevent an unsolicited application in response to a public vacancy advertised by the Customer, nor any collaboration expressly authorised in writing by Pikali.
In the event of a breach, the Customer shall pay Pikali, as liquidated damages, a sum equal to twelve months of the remuneration of the person concerned, calculated as follows:
This sum is payable per person concerned, on simple written demand and without any need to establish loss. Pikali retains the right to claim compensation for greater loss on supporting evidence, as well as the cessation of the breach.
Modules and licences sold on the pikali.fr store.
The products offered on the pikali.fr store are digital goods (modules for e-commerce platforms, software licences) delivered as downloadable files. The essential characteristics, compatibilities and applicable licence of each product are described on its product page.
Purchase grants a right of use in accordance with the licence stated on the product page. Unless otherwise stated, the licence is granted for the Customer's own stores and authorises neither resale nor redistribution of the code.
Ordering requires the creation of a business account; the Customer warrants the accuracy of the information provided. Validation of the order implies acceptance of these Terms.
Payment is made online, securely, through the payment provider SumUp (bank card, Apple Pay, Google Pay). The order is final once payment is confirmed.
Products are made available for download in the customer area as soon as payment is confirmed, with an invoice accessible from that same area. Support and update arrangements are specified on each product page; Pikali keeps its products compliant within the limits of the supported versions.
In accordance with article L.221-28 of the French Consumer Code, for digital content supplied on an intangible medium whose performance has begun with the Customer's express agreement, the right of withdrawal may not be exercised. The Customer acknowledges being informed of this waiver at the time of download.
Pikali warrants that its products conform to their description. It cannot be held liable for damage resulting from improper installation, undocumented incompatibility, or modification of the product by the Customer.
These Terms are drafted in French. Only the French version has contractual force; any translation, including this English one, is provided for information purposes and the French version prevails in the event of any discrepancy.
They are governed by French law, including where the Customer is established outside France. The parties shall endeavour to resolve any dispute amicably; failing agreement within thirty days of a written claim, any dispute falls within the exclusive jurisdiction of the courts of Saverne, France, including where there are several defendants or a third-party claim.
If any provision of these Terms is held void or unenforceable, the remaining provisions remain in force.
See also: GDPR data processing agreement · privacy policy · legal notice.