Terms and Conditions of Sales
These Terms and Conditions (hereinafter referred to as « Terms ») apply to all benefits (hereinafter referred to as « Services ») services concluded by Sandra COLLIN, freelance graphic designer, with its professional customers, whatever the clauses that may appear on the documents of the Customer, and in particular conditions of purchase.
Under current regulations, these Terms are systematically communicated to any customer who requests it to allow him to order from the Provider.
The Client means the natural or legal person in the name and on behalf of which the designer provides the benefits defined in the Contract.
The Contractor shall designate Sandra COLLIN – Artist author of graphic works in performing that activity as an independent graphic designer located 147 ch de la Calabro, 83160 La Valette du Var – France
under french registration number SIRET 79516491200011.
Email: firstname.lastname@example.org / Phone: + 33 (0) 6.23.08.46.52
2.Tarifs and Services
2.1 – The prices stipulated in the quotation are valid for one (1) month from the date of issuance thereof. They remain firm and not subject to revision and apply to the order if this occurs during this period. After this period, a new quote with the current rates may be established by the Provider.
2.2 – The services to be provided are those set out in the quote in the « Designation » field. Any non-stated provision will not be included and will be part in an other quote.
2.3 – Other costs: The various individual components may be necessary to achieve benefits such as including but are not limited to: fonts, photographs or illustrations from image databases, sound recordings, are not included in the prices shown.
Regulation printing costs, production, and / or Internet hosting will be made by the Client (or principal), directly to the vendor and external provider.
3. Order and commencement of work
3.1 – to allow the provider to achieve its mission, the Customer agrees to establish a detailed specification that can not be changed, unless the parties agree after receiving approval of the Provider. If necessary, the Contractor may intervene in the development of the specifications. A quote will then be issued by the Service based on the content of the specifications.
3.2– Any change request involving a substantial reworking of the initial specifications (especially if the Customer has failed in this information or that the information is not accurate enough), will be considered as an additional service and will be the subject of a new quote. The work already done will remain due by the Client.
3.3 – Obligation of cooperation: The Customer undertakes to provide to the Provider all the necessary elements to perform the service (text, images, videos, sounds …) in the required format and within the shortest possible time so that the Service Provider has enough time to perform the service in good conditions and meet deadlines if a stipulated schedule as imperative was set between the two parties.
3.4– The elements presented by the Client Provider: Customer agrees to obtain all necessary approvals and to bear any related payment, in particular under copyright and personal and personality rights. The prior art search names and creations is the Customer and remains under his responsibility.
The Customer declares that it holds all intellectual property rights and image rights over the elements that communicate the Provider and secured it against all third party claims.
3.5 – The quote these Terms and signed by the Customer apply to agreement and purchase order.
3.6– The quote and signed Terms must be accompanied by paying the total amount stated on the quote. In case of cancellation of the order by the Customer, for any reason other than force majeure, the amount paid to the order will be automatically vested right to the Provider and shall not give rise to any refund.
3.7 – No work will begin before the receipt by the Provider of the quotes and signed Terms and before full payment.
3.8 – In case of non-compliance by Customer of this control procedure, the Provider reserves the right to refuse to process the Customer’s request.
4 – Validations
4.1 – After (or) phase (s) of creation of the project, the Customer agrees to provide the Service Provider or its validation changes clearly and explicitly by sending an email or mail dated and signed.
4.2 – Without a validation or change request by the customer within fifteen (15) days, they will be considered as validated by both parties. The work, delivered and validated tacitly implies that the amounts corresponding to this work are due.
5. Payment terms
5.1 – In case of written agreement between the Parties on a payment term notwithstanding the above, payment will be made no later than the thirtieth day following the date of issuance of the invoice.
5.2– In case of late payment, late penalties are due without any reminder the day following the date of settlement. The amount of such penalties shall be equal to the rate of ECB refinancing plus 10% of the total tax bill for each day of delay. Any professional in arrears situation is also ex debtor in respect of the provider, a fixed compensation for recovery costs, which amounts to forty (40) euros. When the recovery costs exceed the amount of the lump sum, the creditor may still seek additional compensation, on justification.
5.3 – Payment can be made by bank transfer or check, payable to « Sandra COLLIN »..
6. Copyright and Intellectual Property
6.1 – We remind that according to the provisions of the Intellectual Property Code (L.121-1 and following), the moral right of establishment (including right of disclosure, the right to of integrity and right of withdrawal) is attached to its creator perpetual and inalienable manner.
In fact, not be assigned to the Client that the economic rights explicitly mentioned in the quote in the « Terms of transfer of usage rights » to the exclusion of any other, and under any conditions (support limit territory or duration).
These rights may include the right of reproduction, the right of representation, the right to change, the right of exploitation. It is noted that any representation or complete or partial reproduction made without the consent of the author or his assigns is illegal and punishable under the laws relating to the infringement. It is the same for the translation, adaptation or transformation, arrangement or reproduction by any technique or process.
6.2– Notwithstanding the foregoing, the entire production and rights thereto, subject of the order and listed on the quote in the « Terms of transfer of rights of use » remains the sole and exclusive property of the Provider as the issued invoices are not paid in full by the Client, up to the total amount of the order and any amendments thereto.
Consequently, the Customer will own the rights transferred from the final settlement and soldant of all invoices issued by the Contractor under the order.
Unless otherwise stated in the quotation, production files and sources remain the exclusive property of the Provider. Only the finished product will be sent to the Client. Failing such a statement and if the customer wishes to obtain source documents, an addendum to this document will be requested.
6.3 – reproduction and distribution rights are calculated based on the distribution of creation. They can be sold at a flat rate or partially. Each different adaptation of the original work that is the subject of a new copyright assignment. For each new edition, the fee will be updated.
Unless otherwise agreed by the Client expressed in the order, the Provider reserves the right to mention his achievements for the Customer on its documents for external communication and advertising (website, portfolio, brochure, etc.) and in its canvassing commercial prospecting. This right extends in particular to the elements of the implementation, including without limitation the public presentation of textual and graphic content.
8. Applicable law – Disputes
8.1 – This contract is subject to French law.
8.2 – The Customer agrees unconditionally to release the Provider from any liability related to production uncertainties (delays, non-compliance, quality …), the time is given only indicative. The Contractor warrants in accordance with legal provisions, the Customer, against any lack of conformity of the Services from a design flaw or realization of provided services and making them unfit for use for which it was intended, excluding any negligence or fault of the Customer, for a period of one year from their delivery to the customer.
In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, notify the provider in writing of the existence of defects within a maximum of one (1) month of their discovery or at the latest before the signing of the « ready for press » / « good for production » for services subject to it. The Contractor will rectify or correct the found defective services compared to « good to pull » / « good for production. »
8.3– In case of dispute, the parties will try to find an amicable solution before initiating legal action. To do this they will agree within fifteen (15) days after the first protest letter sent by registered mail with return receipt, to consult and try to find an amicable solution. All disputes arising from this contract could give rise concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts of jurisdiction of Toulon / FRANCE courts.
8.4 – The responsibility of the provider is limited to the net amount paid by Customer for the provision of contractual services.
9. Acceptance of the Customer
These Terms are expressly approved and accepted by the customer, who declares and admits having a perfect knowledge, and gives up, therefore, to take advantage of any contradictory document, including its own general conditions purchase, which will be unenforceable to the Contractor, even if he was aware. To do this the customer when ordering affix his signature preceded by the handwritten words « read and approved » at the bottom of each page of this document. The estimate signed by the client and that displays « Good for agreement » in order of value.