The present document is drafted as part of the activity of Samantha Guay (Aspen Creative Studio), located at 38 ter route de la Troche, 78490 Grosrouvre, registered under SIRET number 88012615600038.

Below are definitions of the terms used within the scope of this activity:

User: Any person who uses the website, whether to browse or consult it.
Client: Any person who purchases or uses the services of the Web Designer.
Service: Professional services performed by Samantha Guay.
Service Provider: Refers to Samantha Guay in her capacity as a professional.

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Article 1. Preliminary Information

Professionals are required to provide pre-contractual information to clients. These general terms and conditions of sale include the mandatory information required under Articles R111-1 et seq. of the French Consumer Code.

The general terms and conditions of sale detailed below outline the rights and obligations of Web Designer Samantha Guay and her clients.

Every user of this website must regularly consult the GTCS and read them carefully before making any payment. This document constitutes an adhesion contract and binds the client to the Web Designer upon acceptance.

French law applies exclusively to these GTCS, excluding any foreign element that may cause a conflict of laws or international jurisdiction. Only French courts shall have jurisdiction in the event of a dispute.

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Article 2. Independence of Clauses and Parties

All clauses included in these GTCS are independent: if one clause is declared null, the others remain in effect. The nullity of one clause does not jeopardize the continuation of the adhesion contract.

The parties agree to maintain their independence and acknowledge that this partnership does not constitute an employment contract, partnership agreement, or shareholder agreement. This collaboration does not create a new corporate structure. Neither party acquires any shares, equity, or ownership interests in the other, unless otherwise stated in a specific agreement.

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Article 3. Web Design Services

The services offered on the website https://aspencreative.studio/ include:

• Digital products (Showit templates)
• Offer 1: Showit template customization
• Offer 2: Custom Showit website

To perform her work, the Web Designer requires the client to provide all written content and royalty-free photos.

The Client is responsible for providing written and visual content.
Content must be delivered before work begins.

The Web Designer cannot be held liable if the Client provides plagiarized, stolen, or copyright-infringing content or images.

The Client declares having all necessary rights to use, modify, distribute, and publish the content provided, including legal pages. The Client must obtain proper licences for fonts, images, and any other materials used.

The Web Designer reserves the right to modify service content if necessary to best meet the Client’s needs.

Service descriptions on the website are provided for informational purposes only.
The Web Designer may modify her services at any time for future clients.

Custom service terms can be arranged between the parties and must be validated through a signed quote and contract within the agreed timeframe.

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Article 4. Duration and Timeline

Average service durations:
• 1 week for Offer 1
• 2 months for Offer 2

These are estimates and may be adjusted depending on the Client’s response time.

The Web Designer responds to client questions by email within 24 working hours. Requests from non-clients receive a response within 48 working hours.

Preferred communication methods: email or the website contact form.
No response time is guaranteed for SMS, Messenger, social networks, or third-party apps.

The typical processing time for requests is 72 working hours.
No urgent requests are accepted.

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Article 5. Booking

To request services, the client must submit a request via the website or by email to book a discovery call.

The Web Designer carefully reviews each request and may decline a collaboration if the issues raised do not align with her services, or for legitimate reasons in accordance with Article L121-11 of the French Consumer Code.

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Article 6. Pricing Policy

Access to services requires signing a contract and approving a quote with applicable custom pricing.

A 50% non-refundable deposit applies for template customization, and a 30% deposit for custom websites.
The remaining balance must be paid before the website delivery and the transfer of intellectual property rights (see Article 6 — should reference Article 11).

If a pricing discrepancy appears between the website and the GTCS, the GTCS prevail.

Accepted payment method: bank transfer.
No installment plans are allowed unless expressly approved by the Web Designer.

The service fee is due upon receipt of the invoice.
The Web Designer is exempt from VAT (Articles 151 and 293 B of the French Tax Code).

The Web Designer may change her prices at any time.

Discounts and promotions apply only within their indicated validity period.
No rebate is offered for early payment.

Late penalties: three times the legal interest rate.
Collection fee: €70 incl. VAT.

Digital products or access to online tools are delivered only after full payment.
Without full payment, the website may be locked and replaced with a temporary page.

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Article 7. Execution of Services

Services are performed remotely based on the Client’s information and within the agreed deadlines.

Communication occurs via email, with scheduled phone calls or video meetings. Links for video calls are sent at least 2 hours before the meeting.

Before work can begin, the Web Designer must receive all required written content (unless stated otherwise in the contract). This is essential for proper execution of the service.

The client may request a written summary after each session, outlining progress and remaining objectives.

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Article 8. Mutual Obligations

The Web Designer is bound by an obligation of means, not results.

She commits to using all reasonable means to fulfill the Client’s needs.

The Client agrees to communicate clearly, provide accurate expectations, and pay the agreed amount.

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Article 9. Limitation of Liability

The Web Designer cannot be held liable in cases of force majeure or unforeseen events.
Clients will be informed of any such events as soon as possible.

The Web Designer is not liable for delays caused by computer issues, hosting failures, or any situation outside her control.

Once the website is delivered, it is deemed compliant.
Changes in legislation do not create liability.

She is not required to verify that provided content is rights-free.

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Article 10. Personal Data

The Web Designer processes personal data only for professional purposes as stated in the contract.

Clients have rights of access, rectification, deletion, portability, and objection under the GDPR and French law.

In case of conflict, the Client may contact the CNIL.

Data is stored for no longer than 3 years from collection.

Passwords and access provided to the Client will be deleted after delivery unless otherwise agreed.

See the Privacy Policy on the website for further details.

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Article 11. Intellectual Property

All materials provided by the Web Designer remain her intellectual property.
Reproduction, modification, or distribution is strictly forbidden without written permission.

The Client agrees not to reuse, resell, duplicate, or adapt the templates, website, documents, or support materials for similar or related services.

The Client must not delete the “Design by Aspen Creative Studio” credit from the website.
Failure to comply may result in legal action.

Transfers of intellectual property rights are formalized only through a written contract.

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Article 12. Confidentiality

Both parties agree to maintain confidentiality and not disclose private or non-public information regarding the other party.

This obligation remains in effect even in case of dispute.

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Article 13. Withdrawal Period

Under Article L121-20-12 of the French Consumer Code, the Client generally has 14 days to cancel without fees.
No payment may be demanded during this period unless the Client expressly waives the withdrawal right.

The Client may waive this right in writing to begin work immediately.

For digital products (templates), the withdrawal period does not apply under Article L221-28 of the Consumer Code:

• Services fully executed before the withdrawal deadline
• Digital goods unsealed by the consumer

Therefore, if the Client wants immediate access or execution, the withdrawal right does not apply.

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Article 14. Cancellation

Requests for cancellation must be emailed to hello@aspencreative.studio.
No refunds are issued after the withdrawal period has expired or been waived.

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Article 15. Postponement

Requests to reschedule meetings or services must be made at least 2 days in advance.
Beyond this timeframe, the service remains due.

The Web Designer may also postpone meetings or project milestones and will notify the client as soon as possible.
If the Client is unavailable, they may reschedule within 3 months at no additional cost.

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Article 16. Suspension

The contract may be suspended by mutual agreement at least 1 week before the desired date.

Reasons for Client-initiated suspension include illness, family circumstances, or program-related challenges.

Payments are paused during suspension.

Suspension cannot exceed 2 months.
Beyond this limit, the contract terminates automatically without penalties.

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Article 17. Client Feedback

To improve her services, the Web Designer may request feedback or satisfaction surveys.

She may share anonymized testimonials (text, audio, video) for professional purposes only, unless the Client grants express authorization to publish identifiable material.

Under Article 9 of the French Civil Code, Clients have a right to their image.
Any identifiable content requires a written image rights release valid for 10 years.

Usage of image rights is limited to the EU.

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Article 18. Disputes

Complaints:
Clients must submit complaints in writing. The Web Designer will reply within two weeks.
Both parties must attempt an amicable solution before legal action.

Termination:
To terminate the contract, the requesting party must send a registered letter with acknowledgment of receipt, observing a one-month notice period.
If notice is shorter, a 15% penalty applies (in addition to amounts already paid).

Contractual dispute:
Professional clients must attempt amicable resolution before court action.
Non-professional clients may contact a mediation center free of charge.

All disputes must remain confidential.

In the absence of agreement, the competent court is the one within the jurisdiction of the Web Designer’s Court of Appeal, unless mandatory legal provisions state otherwise.

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This model is an original creation of Madame la Juriste – www.madamelajuriste.fr. All rights reserved. Trademark registered with the INPI.
Last updated: 18/08/2022

terms and conditions