The verdict in three sentences
A useful late-delivery penalty sits between 0.5 and 1% of the price per week, capped at 10%, and only works on dated, jointly validated milestones. It is worthless unless the contract also sets the client's obligations (content, approvals, access), because the client causes the delay in six projects out of ten. The real protection lever is a 30/40/30 payment schedule combined with a clear termination clause, far more than the penalty amount.
Penalty levels used in France in 2026
French civil law (article 1231-5 of the Civil Code) lets a judge reduce a manifestly excessive penalty, so a 5% per week clause will rarely be enforced as written. Serious agencies accept a reasonable penalty if it is symmetrical and bounded. Here are 2026 orders of magnitude for a EUR 24,000 (excl. VAT) redesign.
| Penalty formula | Rate | Amount per week | Usual cap | Agency acceptance |
|---|---|---|---|---|
| Light penalty | 0.25% / week | EUR 60 | 5% (EUR 1,200) | Very good |
| Standard penalty | 0.5% / week | EUR 120 | 10% (EUR 2,400) | Good |
| Firm penalty | 1% / week | EUR 240 | 10% (EUR 2,400) | Negotiable |
| Daily penalty | 1/1000 per working day | EUR 24 / day | 10% | Good (public tenders) |
| Heavy penalty | 2% / week | EUR 480 | 15% (EUR 3,600) | Often refused |
| Uncapped penalty | 1% / week | EUR 240 | None | Refused, risk of judicial reduction |
The 10% cap is the balance point: it equals 10 weeks of delay at 1%, after which termination becomes the right answer, not piling up penalties.
Clauses that matter more than the amount
A penalty only triggers on a precise date. If the contract says "delivery expected in spring", there is nothing to penalise. The contract must split the project into milestones, each with its date, deliverable and approval method.
| Clause | What it sets | Why it is decisive | Recommended wording |
|---|---|---|---|
| Dated milestones | 4 to 6 stages (mockups, build, acceptance, launch) | Makes delay measurable | Date + deliverable + approval criterion |
| 30/40/30 schedule | 30% at order, 40% at acceptance, 30% at launch | Client keeps 30% leverage | Final payment after blocking bugs are fixed |
| Client obligations | Content, logos, access delivered on fixed dates | 60% of delays come from the client | Automatic day-for-day date shift |
| Approval window | 5 working days per deliverable | Stops approvals dragging on | Silence beyond = tacit approval |
| Prior formal notice | Letter or email with 8 days to cure | Triggering condition | Penalty runs from the notice date |
| Termination | Possible after 6 to 8 weeks of delay | Clean exit | Handover of code and sources pro rata to sums paid |
| Force majeure | Exhaustive list of cases | Avoids broad excuses | Explicitly exclude subcontractor failure |
The most negotiated point is the shift clause. It is fair: if your team delivers copy three weeks late, the launch date moves three weeks. In return, require the agency to alert you in writing from the first day a client deliverable is late, otherwise the shift does not apply.
What a month of delay really costs
The penalty rarely offsets the real loss. If the redesign must support a sales campaign, a trade show or a product launch, the opportunity cost quickly exceeds the contractual cap. For an SME generating 40 quote requests a month through its site, with a 20% conversion rate and an average deal of EUR 6,000, one month of delay on a site expected to double conversions represents roughly EUR 48,000 of potential revenue pushed back. Against that, a EUR 960 penalty (4 weeks at 1%) is symbolic.
The practical consequence is simple: schedule launch six weeks before the commercial event, and make that date an essential contractual milestone whose breach opens the right to terminate.
Mini case study
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Thomas, managing director of an industrial equipment SME in Nantes, signs a EUR 24,000 redesign. He negotiates: 0.75% per week capped at 10%, a 30/40/30 schedule, a day-for-day shift if content arrives late, termination after 8 weeks.
Outcome: the agency delivers acceptance 3 weeks late, 1 of which is down to Thomas's team (product sheets handed over late). The net penalty covers 2 weeks: 2 x EUR 180 = EUR 360, deducted from the EUR 7,200 balance. More importantly, the 30% withheld until launch kept the pressure on: the agency added a developer to finish before the trade show 5 weeks later. Cost of the negotiation: a one-hour meeting.
FAQ
What penalty rate should I propose for a website redesign?
Between 0.5 and 1% of the price per week, capped at 10%. On EUR 24,000, that is EUR 120 to 240 per week and EUR 2,400 at most. Beyond that, the agency will refuse or a judge may reduce the clause.
Can the agency refuse any penalty?
Yes, but it is a signal worth analysing. An agency in control of its schedule usually accepts 0.5% per week if the client-delay shift clause is in the contract. A flat refusal can be offset by a more protective schedule, for example 20/40/40.
What if the delay comes from my own teams?
The shift clause applies: the date moves back by as many days as your delay. In 60% of projects, content is the bottleneck. Appoint an internal content owner and allow 3 to 4 weeks to write 30 pages.
When should I terminate rather than accumulate penalties?
As soon as the 10% cap is reached, about 10 weeks at 1%. The contract must then provide for handover of code, mockups and access pro rata to the sums paid, so another provider can take over without starting from scratch.
Are penalties automatically deductible from the invoice?
Only if the contract says so explicitly, after a formal notice left unanswered for 8 days. Without that wording, you must claim payment separately, which creates a dispute. Provide for set-off against the 30% balance.
Let's scope your project. We price your redesign with a dated milestone plan, a 30/40/30 schedule and written delivery commitments, for an indicative budget of EUR 8,000 to 30,000 depending on scope. Detailed quote within 48 h. WhatsApp +221 77 596 93 33.
Mohamed Bah
Fondateur, Kolonell
Passionate about digital and entrepreneurship in Africa, Mohamed has been helping Sénégalese businesses with their digital transformation since 2020. Founder of Kolonell, he believes every SME deserves a professional and accessible online présence.
