Terms and conditions

These terms and conditions (hereinafter the "Terms") govern the contractual relationship between LémanSoin, a sole proprietorship being established, represented by Maxime Maadoune-Meloni (hereinafter the "Provider"), and any natural or legal person acting in the course of their professional or commercial activity (hereinafter the "Client") who orders a service from LémanSoin. LémanSoin's services are intended exclusively for professional clients and do not constitute services intended for personal or family use.

LémanSoin offers three main categories of services:

• Showcase Pack: a professional showcase website in French (flat fee of 1'500 CHF). The first year is entirely included in this price: hosting, minor edits (up to 30 minutes per month), email support within 48 hours and automatic security updates. No monthly invoice during the first 12 months
• Booking Pack: showcase website + online appointment booking system + management dashboard (flat fee of 2'900 CHF). Same inclusions as the Showcase Pack for the first year, plus automatic patient reminders by email and SMS (normal SMS use, see article 11) and automatic daily patient-data backups, contractually guaranteed during the first year. From the second year, maintaining this backup guarantee requires subscribing to a maintenance plan (Essential or Comfort), which is strongly recommended (see article 11)
• Maintenance: monthly Essential (119 CHF/month) or Comfort (189 CHF/month) plans. Includes hosting, security updates, automatic patient-data backups and support. From the second year, without a maintenance plan or equivalent arrangement, the patient data of the Booking Pack no longer benefits from any contractual backup guarantee

Each additional language added to a website (EN, DE, IT, ES, PT) is charged at 500 CHF, professional translation included.

Any additional hour of work beyond the monthly allowance included in the pack or in the subscribed maintenance plan (edit, new page, adding a feature, redesigning a section, integrating a third-party tool) is charged at the single hourly rate of 130 CHF per hour, subject to a prior quote. This rate applies both in the first year and in subsequent years. The Client may also choose to wait until the following month to benefit from the new monthly allowance.

Specific services outside the packs are subject to a personalised quote.

Every order is preceded by a free, personalised quote sent to the Client by email. The quote is valid for 30 days from its date of issue.

The order becomes firm upon receipt of the quote signed by the Client (electronic signature accepted) and payment of the deposit provided for in article 5.

By signing the quote, the Client acknowledges having read these Terms, accessible at any time on lemansoin.ch, and accepts them without reservation. The quote expressly refers to these Terms. The applicable version of the Terms is the one in force on the date the quote is signed.

Subscription to a maintenance plan: subscribing to a maintenance plan does not give rise to a separate quote. The Client's choice, communicated by email or through the decision link included in the reminder email, constitutes a firm order and entails acceptance of these Terms in the version in force on the date of that choice. LémanSoin confirms the subscription by email, restating the option chosen, its price and the link to the Terms.

Prices are expressed in Swiss francs (CHF). LémanSoin is a sole proprietorship not subject to Swiss VAT, in accordance with article 10 of the Swiss Federal Act on Value Added Tax (LTVA), as long as annual turnover remains below 100'000 CHF.

The prices of the packs and maintenance plans shown on the lemansoin.ch site are fixed prices. Any service outside their scope is subject to a prior quote accepted by the Client. The applicable price is the one stated in the signed quote or, for a maintenance plan, the one confirmed by email when it is taken out.

For the Showcase and Booking packs:

• 50% of the total amount on signature of the quote (deposit)
• the remaining 50% when the site goes live

Maintenance plans are invoiced monthly, in advance, on the 1^st of each month.

Payments are made by bank transfer (IBAN details provided on the invoice) or by TWINT. No payment by credit card is accepted at this time.

Late payment: in the event of late payment, default interest of 5% per annum will be applied in accordance with article 104 of the Swiss Code of Obligations, after an unsuccessful reminder.

Suspension of service: in the event of non-payment of any amount due, and after a written reminder has remained without effect for 15 days, LémanSoin reserves the right to suspend all or part of its services, including taking the website, the administration dashboard and the associated email addresses offline, until full payment of the amounts due. Such suspension does not give rise to any compensation or to any extension of the paid period, and does not release the Client from paying the amounts due. The domain name, owned by the Client, is not affected by such suspension.

The indicative delivery times are as follows:

• Showcase Pack: 2 to 4 weeks
• Booking Pack: 3 to 6 weeks

These times run from receipt of the deposit AND of all the necessary materials (text, photos, logo, domain access) provided by the Client. Until the content is provided in full, the delivery time does not start to run.

Delivery times may be extended in the event of delay by the Client in providing materials, significant changes requested during production, or a project whose complexity exceeds the initial scope of the pack. Any extension will be communicated to the Client as soon as possible.

Before going live, the website is made available to the Client via a private preview link, so that it can be reviewed in full.

The Client has 14 days from that moment to report any corrections to be made. Corrections falling within the scope described in the quote are included in the price of the pack. Any request beyond that scope falls under the article on changes and additions, and is subject to a prior quote.

The Client's approval constitutes acceptance of the website. Such approval may be given in writing or orally; in the latter case LémanSoin confirms it by a summary email, which is deemed conclusive unless the Client objects within 5 days. In the absence of feedback within the 14-day period, or if the Client requests that the website go live before that period expires, the website is deemed accepted, in accordance with article 370 paragraph 2 of the Swiss Code of Obligations.

Acceptance makes the balance provided for in the article on payment terms due. After acceptance, any further request falls under the included monthly allowance, the maintenance plan subscribed to, or the applicable hourly rate.

The Client's rights in the event of a proven defect remain reserved. The Client shall report any apparent defect upon acceptance, and any hidden defect as soon as it is discovered, failing which the website is deemed accepted with that defect. These rights lapse two years after acceptance, in accordance with article 371 of the Swiss Code of Obligations.

The order becomes firm upon receipt of the signed quote and of the deposit, in accordance with the article on quotes and orders.

The 50% deposit is non-refundable. It covers the launch of the project, the reservation of the production slot and the preparatory work (site architecture, page structure, preparation of content and visuals), all of which begin upon its receipt.

If the Client cancels the project after work has started, the deposit remains acquired by LémanSoin as a minimum indemnity. If the work already carried out represents a value higher than the deposit, it is invoiced on a pro rata basis at the applicable hourly rate, upon presentation of a breakdown of the services performed. LémanSoin's right to full compensation within the meaning of article 377 of the Swiss Code of Obligations remains expressly reserved, this clause merely setting a minimum.

If the Client fails to provide the necessary materials or remains unresponsive for 60 consecutive days, the project is deemed suspended through the Client's own doing. LémanSoin may then close the file, the deposit remaining acquired. Any subsequent resumption is subject to a new quote.

After acceptance and publication of the website, no request for a full or partial refund is admissible on the grounds of dissatisfaction relating to elements approved by the Client (design choices, texts, photographs) or to the commercial, traffic or visibility results obtained. The Client's rights in the event of a proven defect remain reserved, in accordance with the article on acceptance.

Cancellation by LémanSoin: if LémanSoin abandons the project of its own doing, without any breach by the Client, the deposit is refunded to the Client in full within 30 days, and the work already carried out is handed over to the Client free of charge. No further compensation is due on either side.

The Client undertakes to:

• Provide all materials necessary for completing the project (text, photos, logos, visual identity)
• Warrant that they hold the necessary rights to all content they provide
• Meet the deadlines for approving mock-ups and key milestones
• Pay the amounts due within the agreed deadlines

The Client is solely responsible for the content they provide. LémanSoin cannot be held liable for any infringement of copyright, trademark or image rights resulting from content supplied by the Client.

Once full payment has been made, the Client becomes the owner of the final content and of the specific visual identity created for their project.

The underlying source code (Next.js framework, React components, technical architecture) remains the intellectual property of LémanSoin and is made available to the Client under a perpetual, non-exclusive licence of use for the website concerned.

LémanSoin reserves the right to mention the Client in its portfolio (Portfolio section of the lemansoin.ch site) unless the Client requests otherwise in writing.

The services included in each pack are described in the quote. Minor changes (changing opening hours, correcting text, adding a piece of information or a simple photo) remain within the monthly allowance included in the pack or in the subscribed maintenance plan: 30 minutes per month in the first year, 1 hour per month with the Essential Maintenance plan, 2 hours per month with the Comfort Maintenance plan.

Any additional hour of work that exceeds this monthly allowance, whatever its nature (edit, adding a new page, adding a feature, redesigning a section, integrating a third-party tool), is charged at the single hourly rate of 130 CHF per hour, subject to a prior quote. This rate applies both in the first year and in subsequent years. The Client may also choose to wait until the following month to benefit from the new monthly allowance. No additional hour is charged without a quote accepted in advance by the Client.

Maintenance contracts (Essential or Comfort) may be terminated at any time by email, with a notice period of 30 days. No refund is due for months already started.

LémanSoin has the same right of termination, subject to 60 days notice given by email. In such a case, LémanSoin assists the Client in transferring the website and the domain name to the provider of the Client's choice, in accordance with the terms set out in the article on hosting, maintenance and data.

LémanSoin undertakes to implement all the means necessary for the proper performance of the services. However, its liability is limited to the total amount of the service invoiced, except in the event of wilful misconduct or gross negligence, liability for which cannot be excluded in advance in accordance with article 100 paragraph 1 of the Swiss Code of Obligations.

LémanSoin cannot be held liable for indirect damage (loss of business, loss of clientele, harm to image) resulting from the use of the delivered site, except in the event of intentional fault or gross negligence.

Search engine visibility: LémanSoin delivers a website that complies with technical search engine optimisation good practice (page structure, title and description tags, sitemap, secure HTTPS address, optimised loading times, mobile-friendly display). LémanSoin does not, however, guarantee any result: neither ranking in search results, nor indexing times, nor volumes of visits, contact requests or new patients.

A newly registered domain name may only appear in search engines after several days or even several weeks. Ranking depends on algorithms operated by third parties, modified without notice and outside LémanSoin's control. Local visibility further depends on assets belonging to the Client, in particular the Client's Google Business Profile, patient reviews, presence in professional directories and the consistency of contact details. Their creation, claiming and management are not included in the packs unless expressly stated in the quote, and may be the subject of a separate support service. No claim for a refund or for compensation may be based on these elements.

Each party undertakes to treat as confidential any non-public information it becomes aware of as a result of the contract, in particular technical credentials and access, commercial information, negotiated rates and the internal organisation of the other party.

This undertaking remains in force for the duration of the contract and for three years thereafter. It does not apply to public information, to information already known to the receiving party, or to information whose disclosure is required by law or by an authority. Obligations relating to patient data and professional secrecy are governed by the article on hosting, maintenance and data, and are not limited in time.

LémanSoin may use employees, auxiliaries or third-party providers to perform all or part of the services, and remains solely liable for their performance towards the Client.

Neither party may assign the contract to a third party without the prior written consent of the other. By way of exception, LémanSoin may transfer the contract to a company it incorporates in order to continue its activity, in particular when moving from a sole proprietorship to a company, by informing the Client in writing; the terms of the contract then remain unchanged.

LémanSoin may amend these Terms at any time. The version applicable to a contract is the one in force on the date the quote is signed, subject to open-ended maintenance contracts.

For the latter, any amendment is communicated to the Client by email at least 30 days before it takes effect. A Client who refuses the amendment may terminate the maintenance contract free of charge until that date; failing which, the new version applies.

If any provision of these Terms is declared void, invalid or unenforceable, the remaining provisions retain their full validity. The provision concerned is replaced by a valid provision whose economic effect is as close as possible to that intended by the parties.

Neither party may be held liable for a failure to meet its obligations if that failure results from a case of force majeure within the meaning of article 119 of the Swiss Code of Obligations (natural disaster, strike, pandemic, failure of an essential third-party service, etc.).