Terms and conditions
PARTIES TO THE CONTRACT
The term “Client” refers to any legal or natural person who has required the professional skills of Mr. Alexis Eveillard as a freelance graphic designer. The term “Third Party” designates any natural or legal person not party to the contract. The term “Graphic Designer” refers to the Individual Company (Entreprise Individuelle) Alexis EVEILLARD, registered under the SIRET number: 900 944 455 00014.
General
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties for all orders placed by a Client with the Individual Company – Alexis Eveillard, within the framework of its commercial activity of creation and graphic design, and this by all means made available to it (mail, fax, telephone, e-mail, etc.).
The Graphic Designer reserves the right to modify its general terms and conditions of sale, its formulas and its rates at any time and without notice. These changes will have no impact on orders in progress. The Client calling on the services of Mr. Alexis Eveillard acknowledges having familiarized himself with the Graphic Designer’s artistic and technical capabilities before requesting his services and accepts without reservation the following general terms and conditions of sale, as well as the warnings set forth in the Extract from Law No. 57-298 of March 11, 1957, on artistic property (J.O. of March 14, 1957) concerning the rights of authors with respect to intellectual property laws.
To do this, the Customer will sign the order with the handwritten words “read and approved”. Any order or signed quote implies full and unreserved acceptance by the Customer of these general terms and conditions of sale as well as the specifications (attached to the quote if applicable). The service includes everything that is explicitly listed in the field “Nature of the service”. As a corollary, it does not include anything that is not explicitly stated in this same field.
Client RESPONSIBILITY
In order to allow these projects to be carried out under the best possible conditions, the Client agrees to provide accurate and sincere information and undertakes to inform the Graphic Designer of any change in the data provided and will be solely responsible for any malfunctions that may result from erroneous information. The Client must maintain at least one valid e-mail address.
COMMITMENTS OF THE PARTIES
Generally speaking, the Client and the Graphic Designer agree to collaborate actively to ensure proper execution of the contract. Each party agrees to communicate any difficulties of which it may become aware as the project progresses, to enable the other party to take the necessary measures.
A/ THE CLIENT
To enable the Graphic Designer to carry out his assignment, the Client agrees to :
– 1 –
– Establish the most precise specifications possible detailing the nature and environment of the order to be carried out, and which will not be modified, except by agreement of the parties, after being approved by the Graphic Designer.
– 2 – – Provide the Graphic Designer with the order form/quotation (dated, signed and stamped) – Provide all the documentary, graphic and textual elements necessary for the proper execution of the contract (in particular in the right formats for the targeted media) and all legal information to be added to the documents. The Client assumes responsibility for providing the content of the documents he edits. – To hold the necessary intellectual property rights to all of the above elements transmitted to the Graphic Designer. The Client is responsible for researching the anteriority of names and creations and remains liable for them. Only the Client may be held liable in this regard. – To actively collaborate in the success of the project by providing the Graphic Designer within the appropriate time frame with all the information and documents necessary for a proper understanding of the needs and proper execution of the services. – Strictly comply with the technical and creative recommendations made by the Graphic Designer. – To guarantee the Graphic Designer against any action that could be brought against him due to the nature of the data or information (texts, images, sounds) that would have been provided or chosen by the Client. – To pay the amounts owed to the Graphic Designer in a timely manner. – Inform the Graphic Designer of any competition with other Graphic Designers.
B/ THE GRAPHIC DESIGNER
– If necessary, the Graphic Designer may intervene in the development of specifications, jointly with the Client. – The Graphic Designer guarantees that the designs are legally available and are not encumbered by the rights of third parties, whether or not they are employees of the Graphic Designer, for the uses provided for under the contract. – The Graphic Designer undertakes to inform the Client regularly and effectively of the progress of the project, in particular through approvals submitted to the Client. – With respect to confidentiality and for the entire duration of the present contract and even after its termination for any reason whatsoever, the Graphic Designer agrees to keep strictly confidential all information and documents of any kind whatsoever relating to the Client to which he may have had access in the context of the performance of the present assignment.
extra charges
The technical costs and miscellaneous elements that may be necessary to carry out the Graphic Designer’s services and that are not included in his offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks, Cromalins, engraving or printing costs. In the case of modifications, additions or deletions of data, requested by the customer during the realization
– In the event that modifications, additions or deletions of data, requested by the client during the course of the project, which would imply a substantial reworking of the initial specifications (author’s corrections), or which would induce additional work, these will be invoiced in addition to the initial estimate. The sums corresponding to work already done by the Graphic Designer are due and payable immediately by the client company.
Subject to the agreement of the Graphic Designer, an additional emergency fee (50% increase in the daily rate) will be billed for services performed at the request of the client company on Saturdays, Sundays, holidays, or at night (i.e., between 8:00 p.m. and 9:00 a.m. the next morning), or in the event that the order is processed in priority to other orders in progress by the Graphic Designer.
PURCHASE ORDER AND beginning OF WORK
The quote and the Terms & Conditions of sale signed by the Client are valid exclusively together as acceptance of the latter and serve as an order form. The estimates issued by the Graphic Designer are valid on the date they are issued and for a period of two months. They are subject to revision, particularly in light of changes in the specifications. This must be accompanied by payment of 30% of the total price of the services to be provided. Work will begin when all the documents (signed estimate and T&C, 30% of the total amount paid) and graphic and textual documentary elements necessary for the proper execution of the contract are available to the Graphic Designer. The deadline for completing the order is defined in the specifications attached to the quote and signed by the Client. Failing that, the maximum deadline for the Graphic Designer to complete an order placed by a Client acting as a consumer and validated is five (5) months.
VALIDATIONS
1- After the project creation phase(s), the Client undertakes to send the Graphic Designer his validations clearly and explicitly by sending an email or a letter dated and signed to Mr. Alexis Eveillard. It is agreed between the two parties that consideration of modification requests made by other means, notably orally, is left to the Graphic Designer’s convenience.
2- In the absence of validation or a request for modification of the mock-ups by the client within a period of fifteen days, they will be considered validated by both parties. Work completed, delivered and tacitly validated implies that the amounts corresponding to this work are due.
3- Since the means of visualizing models before they go to print are numerous and do not meet the same standards, the Graphic Designer cannot be held responsible for any differences between a computer visualization and the final result of the products. The reproduction of colors cannot be guaranteed to be identical between the computer tool and the production line of the Graphic Designer’s partners. The colors visible on a screen (whatever it may be) are not contractual and will in no case be those rendered on the various media proposed (the same applies to prints made on a printer).
INVOICE AND PAYMENT
Unless additional time for payment is clearly granted, payment of the invoice is due on the date of delivery or at the latest 15 days after its issue. Payment shall be made by bank transfer or by check payable to Mr. Eveillard. In case of delay, penalties will be payable without any reminder being necessary in accordance with the law. These penalties amount to 20% of the total amount of the invoice per day of delay. The calculation of the penalties will begin on the second working day after the payment date indicated on the invoices. The calculation will end on the day the payment is received. In case of non-payment, the customer will bear all collection costs.
DEPOSIT AND Order CANCELLATION
In the event of contract termination before its term by the Client, the Client formally agrees to settle and remunerate the amounts related to the current schedule, the tasks completed or in progress, as well as the additional services performed. All copyrights remain the exclusive and entire property of the Graphic Designer, with the exception of data provided by the Client. The source files and data created and used by the Graphic Designer cannot, therefore, be claimed by the Client without financial contribution. The mock-ups, and more broadly, all original works, remain the property of the Graphic Designer, as do the rejected projects. The deposit already paid will be retained by the Graphic Designer, constituting compensation for the work undertaken.
WORKPLACE AND TRIPS
Unless a written agreement is made between the Graphic Designer and the client company, the Graphic Designer reserves the right to perform their tasks outside the premises of the client company and to choose the location where the work will be carried out. While the client company may suggest it, they agree not to impose a physical presence or travel requirement on the Graphic Designer, regardless of the phase or progress of the project. In the case of on-site work, whether occasional or not, the client company agrees to provide all necessary equipment, supplies, and infrastructure required for the completion of the project.
INABILITY TO WORK
In the event of an inability to work due to illness or accident, the Graphic Designer reserves the right to modify the current schedule without the Client being entitled to claim compensation. It is understood that the Graphic Designer must notify the Client from the first business day of their incapacity.
FORCE MAJEURE
Neither party can be considered responsible or in breach of their contractual obligations when the failure to perform their respective obligations originates from a force majeure event; the contract between the parties is suspended until the causes of the force majeure are resolved. Force majeure includes irresistible facts or circumstances that are external to the parties, unpredictable, and beyond the control of the parties, despite all reasonably possible efforts to prevent them. Force majeure also includes the blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the cessation of telecommunication networks, particularly all networks accessible via the Internet, or difficulties specific to telecommunication networks external to the parties. The party affected by the force majeure shall notify the other party within five (5) business days following the date on which they became aware of it. The two parties will then agree on the conditions under which the contract will be continued.
DISPUTE RESOLUTION
The contract is subject to the law. Any dispute or litigation regarding the interpretation or execution of this contract will be brought before the competent courts, which are expressly granted jurisdictions, in the absence of an amicable agreement between the parties.
COPYRIGHT OF THE WORKS PRODUCED
All production and related rights resulting from the order remain the sole and exclusive property of the Graphic Designer until all invoices issued are paid in full by the Client. Consequently, the Client will become the de facto owner of the production and transferred rights upon the final settlement and payment of all invoices issued by the Graphic Designer in connection with the order. Unless otherwise stated in the quote, production files and source materials remain the property of the Graphic Designer. Only the finished product will be provided to the Client. The author is not obliged to provide the Client with source files but only with the end result of their work in a format usable by professionals in the relevant field. If such a mention is not made and if the Client wishes to obtain the source files, an amendment to this document must be requested. The work produced by the Graphic Designer, particularly preliminary studies, remains confidential and may not be transferred by the Client to any third party without prior agreement.
TRANSFER OF RIGHTS PRINCIPLES
It is reminded that the moral rights of a creation (including, among other things, the right to respect for the work and the right to respect for the author’s name) remain attached to the author perpetually and inalienably. Consequently, only the economic rights explicitly stated in this order will be transferred to the client company, excluding any other rights, and subject to any limits mentioned (such as limits on media, territory, or duration). Any representation or reproduction, in whole or in part, made without the consent of the author or their successors is unlawful and punishable under laws related to copyright infringement. The same applies to translation, adaptation, transformation, arrangement, or reproduction by any art or method.
REPRODUCTION AND DISTRIBUTION RIGHTS
Reproduction and distribution rights are calculated based on the dissemination of the creation. They may be transferred either in a flat fee or partially. Each different adaptation of the original work constitutes a new transfer of copyright. For each new edition, the amount of rights must be updated. Rights are transferred within the temporal and geographic scope of this contract and may not exceed these limits. To enable the client to freely exploit the work provided as part of their activity, all economic rights related to the Graphic Designer’s creation for the project will be fully and exclusively transferred to the client, specifically for distribution on the media addressed during the order, upon the full payment of all fees due.
COPYRIGHT AND COMMERCIAL ATTRIBUTION
Unless explicitly stated otherwise by the Client, the Graphic Designer reserves the right to include a commercial attribution in the work that clearly indicates their contribution, such as the phrase “Design by Studiopolis,” and, when the medium allows, a hyperlink pointing to their commercial website, bystudiopolis.com. The client company agrees not to object to this and to never remove this information.
RIGHT OF ADVERTISEMENT
The Graphic Designer reserves the right to publicly mention the work completed for the Client and to present it as a reference in their commercial prospecting, external communication, and advertising efforts. The client company agrees never to oppose this, even if a rights transfer agreement has been signed.
