Terms and conditions
1. PARTS OF THE CONTRACT
The term “Client” refers to any legal or natural person who has required the skills of Alexandre Buleté for any creation within the framework of graphic design and web development skills. The term “Third Party” designates any natural or legal person not party to the contract. The term “Service Provider” refers to Alexandre Buleté, Graphic Designer and Freelance Web Developer.
The purpose of these general conditions of sale is to define the rights and obligations of the parties during the sale of products produced by the Service Provider for its Customers as part of its commercial activity of creation and graphic or web design. The Service Provider reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will not affect pending orders. If the Client is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides. The Customer using the services of Alexandre Buleté acknowledges having read and accepted without reservation the following general conditions of sale, as well as the warnings set out in the Extract from law n ° 57-298 of March 11, 1957 on the artistic property (OJ of March 14, 1957) of the rights of authors concerning intellectual property laws. To do this, the Customer will affix his signature when ordering, preceded by the handwritten words “read and approved” at the bottom of this document.
3. CUSTOMER RESPONSIBILITY
The Customer undertakes to provide fair and sincere information and undertakes to notify the Service Provider of any change in the data provided and will be solely responsible for any malfunctions that may result from incorrect information. The Customer must maintain a valid e-mail address and postal address.
4. COMMITMENTS OF THE PARTIES
In general, the Client and the Service Provider undertake to collaborate actively in order to ensure the proper execution of the contract. Everyone agrees to communicate any difficulties that they become aware of as the project progresses, to allow the other party to take the necessary measures.
a) The Customer
To enable the Service Provider to carry out its mission, the Customer undertakes to:
• Establish detailed specifications which will not be subject to any further modification, unless the parties agree, after having been approved by the service provider. In the event that modifications involve a substantial change in the initial specifications, these will be invoiced in addition to the initial estimate.
• Provide the Service Provider with the purchase order / quote (dated, signed and stamped)
• Provide all the documentary, graphic and textual elements necessary for the proper execution of the contract, (in particular in the good exploitable formats according to the targeted supports) the customer undertakes to provide all the legal information to be added in the documents and endorses the responsibility for providing the content of the documents it edits.
• Have the necessary rights to the items provided above. Only the responsibility of the sponsor can be engaged in this respect.
• Actively collaborate in the success of the project by providing the Service Provider in good time with all the information and documents necessary for the proper understanding of the needs and the proper execution of the services.
• Comply strictly with the technical and creative recommendations made by the Service Provider.
• Guarantee the Service Provider against any action which could be brought to him due to the nature of the data or information (texts, images, sounds) which would have been provided or chosen by the Customer.
• Pay the sums due to the Service Provider on time.
• Inform the Service Provider of a possible competition with other service providers.
b) The Service Provider
• If necessary, the Service Provider may intervene in the development of the specifications, jointly with the Customer.
• The Service Provider guarantees that the creations are legally available and are not encumbered by the rights of third parties, whether or not they are employees of the service provider, for the uses provided for under the contract.
• The Service Provider undertakes to inform the Client on a regular and efficient basis of the progress of the implementation of the project and this, in particular, through validations submitted to the Client.
• As regards confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, the Service Provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the Customer. , to which he could have had access in particular in the context of the execution of this mission.
5. ADDITIONAL FEES
The various elements that may be necessary for the performance of the Service Provider’s services and which do not fall within its offers are not included in the prices indicated. These are, for example, typographic fonts, photographs or illustrations from image banks. To be invoiced in addition: the modifications requested by the customer during execution, if they involve a reworking of the project (author’s corrections). The textual content allowing the realization of the product must be provided by the Customer. The trips necessary for the proper performance of the contract may also be billed to the Customer.
6. ORDER FORM AND START OF WORK
The estimate and the GTC (general conditions of sale) signed by the Customer are valid together exclusively for acceptance of the latter and serve as an order form. This must be accompanied by payment of 30% of the overall price of the services to be provided. The work will begin when all the documents (signed estimate and GTC, 30% of the total amount paid) and graphic and textual documentary elements necessary for the successful completion of the contract, are available to the Service Provider.
7-1 – After the project creation phase (s), the Client undertakes to send the Service Provider its validations in a clear and explicit manner by sending an email or a dated letter and sign.
7-2 – In the absence of validation or a request for modification of the models by the customer within a period of fifteen days, they will be considered as validated by both parties. The work carried out, delivered and tacitly validated, implies that the sums corresponding to this work are due.
8. INVOICE AND PAYMENT
Unless an additional payment period is clearly granted, payment of the invoice is due on the delivery date or at most 30 days after issuance thereof. Payment is made by bank transfer or by check payable to Alexandre Buleté. In the event of delay, penalties will be payable without a reminder being necessary in accordance with the law. These penalties amount to 20% of the total invoice amount per day of delay. In the event of non-payment, the customer will bear all collection costs.
9. DEPOSIT AND CANCELLATION OF ORDERS
In the event of termination of the contract before its term by the Customer, the latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, to the positions carried out or in progress, as well as to the additional services carried out. All copyright remains the exclusive and entire property of the Service Provider, with the exception of data provided by the Customer. The source files and data created and used by the Service Provider cannot therefore be claimed by the Customer without a financial contribution. The models, and more broadly, all the original works, remain the property of the Service Provider, as do the rejected projects. The deposit already paid will remain acquired by the Service Provider, constituting compensation for the work undertaken.
10. INCAPACITY FOR WORK
In the event of incapacity for work, due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Customer being able to require the payment of compensation. It is accepted that the Service Provider must notify the Customer from the first working day of his incapacity.
11. THE FORCE MAJEURE
The parties can not be considered responsible or having failed in their contractual obligations, when the failure to perform the respective obligations is due to force majeure; the contract between the parties is suspended until the extinction of the causes that generated force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonable efforts to prevent them. The blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by force majeure will notify the other within five (5) working days of the date on which it becomes aware. The two parties will then agree on the conditions under which the execution of the contract will be continued.
12. SETTLEMENT OF DISPUTES
The contract is subject to French law. Any dispute or dispute relating to the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Aix-en-Provence, to which they expressly grant jurisdiction.
13. PROPERTIES OF WORK CARRIED OUT
All production and related rights, subject of the order, remain the full and exclusive property of the Service Provider as long as the invoices issued are not paid in full by the Customer, up to the total amount of the order and any amendments concluded during the service. As a corollary, the Customer will become the de facto owner of the production and of the rights transferred from the final payment and settlement of all the invoices issued by the Service Provider in the context of the order. Unless otherwise stated on the estimate, the production files and the sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. In the absence of such a mention and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.
14. PRINCIPLES OF ASSIGNMENT
The reproduction and republication of the Service Provider’s creations are subject to the collection of copyright under the law of March 11, 1957. The transfer of these rights only concerns the use specifically provided for. Any subsequent or different use requires a new agreement. Changes or interpretations of a graphic design may not be made, under any circumstances, without the consent of the Service Provider. The signature cannot be deleted without the agreement of the Service Provider. An idea proposed by the Client does not in itself constitute a creation.
15. REPRODUCTION AND DISSEMINATION RIGHTS
The reproduction and distribution rights are calculated according to the distribution of the creation. They can be sold on a flat-rate basis or partially. Each different adaptation of the original work is the subject of a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical perimeter of this contract and may not exceed this limit. To allow the commissioning entity to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the service provider, under the project will be entirely and exclusively assigned to the commissioning entity, and this for distribution on the media specifically addressed when ordering, upon actual payment of all fees due.
16. COPYRIGHT AND COMMERCIAL NOTICE
Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the realization a commercial mention clearly indicating his contribution, such as the formula “Design by Alexandre Buleté Graphic Designer and Independent Web Developer” when the support allows it. hypertext link pointing to the commercial site of its activity (www.alexandrebulete.com)
17. RIGHT OF PUBLICITY
The Service Provider reserves the right to mention the achievements made for the Customer on its external communication and advertising documents (website, portfolio, etc.) and during sales prospecting canvassing.