Commercial terms
Terms of Sale
This English translation is provided for convenience only. In case of discrepancy, the French version prevails.
Last updated: September 2026
These terms of sale apply to any service provided by BenIT (Noa Benitez) to its business clients. Any order implies unreserved acceptance of these terms.
Article 1, Service provider
Article 2, Scope
These terms of sale govern the contractual relationship between BenIT and any legal entity or individual (hereinafter "the Client") wishing to benefit from its automation services, AI tool integration, and digital transformation consulting.
They apply to the exclusion of any other general terms, unless otherwise agreed in writing beforehand.
Article 3, Services offered
BenIT offers the following services in particular:
- Process audit and identification of automation opportunities
- Design and deployment of automated workflows (Make, n8n, Zapier…)
- Development and integration of tailor-made AI collaborators
- Connection and integration of third-party APIs
- Creation of dashboards and automated reports
- Team training and support
- Ongoing maintenance and optimization
The detailed description and exact scope of the services are defined in the quote or commercial proposal accepted by the Client.
Article 4, Formation of the contract
Every engagement begins with a free 45-minute audit, with no commitment on either side.
Following this audit, a detailed commercial proposal is sent to the Client. The contract is formed upon receipt of:
- The signed quote (handwritten or electronic), AND
- Payment of the deposit provided for (if applicable)
BenIT reserves the right to decline any engagement without having to justify its decision.
Article 5, Pricing and payment terms
VAT (Value Added Tax) not applicable, Auto-entrepreneur subject to the VAT exemption scheme (article 293 B of the French Tax Code). Prices are stated exclusive of tax and correspond to the total amount due.
5.1 Monthly retainer plans
| Plan | Monthly rate | Commitment |
|---|---|---|
| STARTER | Quote on request | No commitment (30-day notice) |
| STRUCTURER | Quote on request | No commitment (30-day notice) |
| FLUIDIFIER | Quote on request | No commitment (30-day notice) |
| TRANSFORMER | Quote on request | Defined contractually |
5.2 Payment terms
- Monthly payment in advance (at the start of the month)
- Bank transfer to the bank details provided upon signature
- A 30% deposit may be requested for fixed-price projects
5.3 Late payment
In accordance with law no. 92-1442 of December 31, 1992, any late payment automatically triggers late payment penalties at the legal rate in effect plus 5 points, as well as a flat-rate compensation of €40 for collection costs. BenIT reserves the right to suspend ongoing services until payment is regularized.
Article 6, Timelines and performance conditions
Indicative delivery timelines are specified in the commercial proposal. They are given for information purposes and do not constitute a firm commitment, unless explicitly stated otherwise.
BenIT undertakes to inform the Client of any significant delay as soon as it becomes aware of it.
The Client undertakes to provide, in a timely manner, all information, access and resources necessary for the performance of the services. Any delay attributable to the Client results in an equivalent extension of the delivery timelines.
Article 7, Obligations and liabilities of the parties
7.1 BenIT's obligations
- Perform the services with care and professionalism (best-efforts obligation)
- Respect the confidentiality of information provided by the Client
- Inform the Client of any technical difficulty likely to impact the timelines or scope
7.2 Client's obligations
- Provide accurate and complete information
- Designate a point of contact for the duration of the engagement
- Validate deliverables within the agreed timelines (silence deemed acceptance after 7 business days)
- Pay invoices by the agreed due dates
7.3 Limitation of liability
BenIT's liability cannot be engaged for indirect damages (loss of revenue, data loss, etc.) resulting from the use of the deployed systems. In any event, BenIT's liability is limited to the amounts actually received under the contract concerned.
Article 8, Intellectual property
Deliverables developed specifically for the Client as part of the engagement are transferred to the Client on an exclusive basis, upon receipt of full payment of the amounts due.
BenIT retains ownership of the tools, methods, frameworks and generic code developed independently of the contract. These elements may be reused for other clients.
BenIT reserves the right to mention the Client's name and the nature of the engagement in its commercial references, unless the Client explicitly refuses in writing.
Article 9, Confidentiality
BenIT undertakes to keep strictly confidential all information provided by the Client, not to disclose it to third parties, and to use it solely for the purpose of performing the services.
This confidentiality obligation extends for 5 years after the end of the engagement, unless otherwise agreed.
For engagements involving the processing of personal data on behalf of the Client, a DPA (Data Processing Agreement) will be signed in accordance with the GDPR (General Data Protection Regulation).
Article 10, Termination
Monthly plans: The Client may terminate at any time with 30 calendar days' notice by email to contact@benit.fr. Amounts due for the current period remain payable.
Fixed-price projects: In the event of termination at the Client's initiative, the amounts corresponding to work already carried out remain due, calculated pro rata to the progress observed.
BenIT reserves the right to terminate immediately and without compensation in the event of a serious breach by the Client of its obligations (non-payment, provision of inaccurate information, violation of these terms of sale).
Article 11, Force majeure
Neither party may be held liable for a failure to fulfill its contractual obligations resulting from a force majeure event within the meaning of article 1218 of the French Civil Code (natural disaster, pandemic, national strike, major cyberattack, etc.).
Article 12, Applicable law and disputes
These terms of sale are governed by French law.
In the event of a dispute, the parties agree to seek an amicable solution within 30 days before any legal action. Failing an amicable settlement, the dispute will be submitted to the competent courts with jurisdiction over BenIT's registered office.
Article 13, Amendment of the terms of sale
BenIT reserves the right to amend these terms of sale at any time. Amendments are binding on the Client as soon as they are published on this site or communicated by email with 15 days' notice.