The technical costs and various elements possibly necessary for the realization of the services of the Graphic Designer, Illustrator and not falling under its offers are not included in the indicated prices. These include, for example, typographic fonts, photographs or illustrations from image banks, Cromalins, engraving or printing costs. In the event that modifications, addition or deletion of data, requested by the customer during production - and indicating an omission, or an error on his part - would imply a substantial reworking of the initial specifications (corrections author), or inducing additional work, these will be invoiced in addition to the initial estimate. The sums corresponding to the work already carried out by the Graphic Designer, Illustrator are due by the client company and immediately payable.
Subject to the agreement of the Graphic Designer, Illustrator, an additional emergency fee (increase of 50% of the daily rate) will be invoiced for the services performed at the request of the client company during Saturdays, Sundays, public holidays, or the night (ie between 8 p.m. and 9 a.m. the next morning), or if the order is processed in priority over other orders in progress by the Graphic Designer, Illustrator.
Terms of sale
Parts of the contract
The term "Client" designates any legal or natural person, having required the professional skills of Fanny Martin as a Graphic Designer, Illustrator, Web Designer and Painter. The term "Third Party" designates any natural or legal person not party to the contract. The term "Graphic Designer, Illustrator" refers to the individual company Graphics Fae whose head office is Laprade 82140 St Antonin Noble Val, SIRET 44519383200026.
Generalities
The purpose of these general conditions of sale is to define the rights and obligations of the parties during all orders placed by a Customer with the individual company Graphics Fae as part of its commercial activity of creation and graphic and artistic design, and this by all the means available to it (mail, telephone, email, etc.). The Graphic Designer, Illustrator reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will have no effect on pending orders. The Customer using Graphics Fae's services acknowledges having read the artistic and technical capacities of the Graphic Designer before requesting his intervention and accepts without reservation the following general conditions of sale, as well as the warnings set out in the Extract from the Law n ° 57-298 of March 11, 1957 on artistic property (OJ of March 14, 1957) of the rights of authors concerning the laws of intellectual property. To do this, the Customer will affix his signature, preceded by the handwritten words "read and approved" at the bottom of this document, when ordering. Any order or signed quotation entails full and unreserved acceptance by the Customer of these general conditions of sale as well as of the specifications (attached to the quotation if applicable). The service includes everything that is explicitly listed in the “Nature of the service” field. As a corollary, it does not understand what is not explained in this same field.
Client's responsability
In order to allow these achievements under the best conditions, the Customer undertakes to provide fair and sincere information and undertakes to warn the Graphic Designer, Illustrator of any change concerning the data provided and will be solely responsible for any malfunctions that may result from wrong information. The Customer must maintain a valid e-mail address and postal address.
Commitment of the parties
In general, the Client and the Graphic Designer, Illustrator undertake to collaborate actively in order to ensure the proper execution of the contract. Everyone agrees to communicate any difficulties of which they are aware as the project progresses, to allow the other party to take the necessary measures.
A / THE CUSTOMER
To enable the Graphic Designer, Illustrator to achieve his mission, the Client agrees to:
• Establish the most precise possible specifications detailing the nature and environment of the order to be made, and which will not be subject to any further modification, unless the parties agree, after having been approved by the Graphic Designer, Illustrator.
• Submit the order / quote form to the Graphic Designer, Illustrator (dated, signed and stamped)
• Provide all the documentary, graphic and textual elements necessary for the successful completion of the contract, (in particular in the right formats that can be used according to the targeted media) and all the legal information to be added to the documents. The Client accepts responsibility for providing the content of the documents he edits.
• Hold the necessary intellectual property rights relating to all of the above elements transmitted to the Graphic Designer, Illustrator. The search for anteriority of names and creations is the responsibility of the Customer and remains his responsibility. Only the responsibility of the sponsor can be engaged in this respect.
• Actively collaborate in the success of the project by providing the Graphic Designer, Illustrator 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 Graphic Designer, Illustrator.
• Guarantee the Graphic Designer, Illustrator 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 Graphic Designer and Illustrator on time.
• Inform the Graphic Designer, Illustrator of a possible competition with other Graphic Designers.
B / THE GRAPHIST
• If necessary, the Graphic Designer, Illustrator may intervene in the development of the specifications, jointly with the Client.
• The Graphic Designer, Illustrator 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 Graphic Designer, Illustrator, for the uses provided for under the contract.
• The Graphic Designer, Illustrator undertakes to inform the Client on a regular and efficient basis of the progress of the realization 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 Graphic Designer, Illustrator undertakes to keep strictly confidential all information and documents of any kind relating to to the Client, to which he could have had access in particular in the context of the performance of this assignment.
B / THE GRAPHIST
• If necessary, the Graphic Designer, Illustrator may intervene in the development of the specifications, jointly with the Client.
• The Graphic Designer, Illustrator 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 Graphic Designer, Illustrator, for the uses provided for under the contract.
• The Graphic Designer, Illustrator undertakes to inform the Client on a regular and efficient basis of the progress of the realization 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 Graphic Designer, Illustrator undertakes to keep strictly confidential all information and documents of any kind relating to to the Client, to which he could have had access in particular in the context of the performance of this assignment.
Additional costs
Order form and start of work
The quote 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. The quotes issued by the Graphic Designer, Illustrator are valid on the date of their establishment and for a period of one month. They are likely to be revised in particular according to changes in the specifications. This must be accompanied by payment of 50% of the overall price of the services to be provided. The work will begin when all the documents (signed estimate and GTC, 50% of the total amount paid) and graphic and textual documentary elements necessary for the successful completion of the contract, will be available to the Graphic Designer, Illustrator. The deadline for completing the order is defined in the specifications attached to the quote and signed by the Customer. Failing this, the maximum time limit for completion by the Graphic Designer, Illustrator of the order placed by a Customer acting as consumer and validated is set at five (5) months.
Validations
7-1 After the project creation phase (s), the Client undertakes to send the Graphic Designer, Illustrator its validations in a clear and explicit manner by sending an email or a letter dated and signed in Fanny Martin. It is agreed between the two parties that the consideration of modification request (s) made by other means, in particular orally, are left to the convenience of the Graphic Designer, Illustrator.
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.
7-3 The means of visualization of the models before their departure for printing being numerous and not meeting the same standards, the Graphic Designer, Illustrator cannot be held responsible for any differences between a computer visualization and the final result of the products. Color reproduction cannot be guaranteed to be identical between the IT tool and the production line of the partners of the Graphic Designer, Illustrator. The colors visible on a screen (whatever it may be) are not contractual and will in no case be those reproduced on the various media offered (the same is true for prints made on a printer).
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 of the latter. Payment is made by bank transfer, paypal or by check payable to Fanny Martin. 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 amount of the invoice per day of delay. the calculation of penalties will begin on the second working day after the payment date indicated on the invoices. The calculation will end on the day of receipt of payment. In the event of non-payment, the customer will bear all collection costs.
Deposit and order cancellation
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 Graphic Designer, Illustrator, with the exception of data provided by the Client. The source files and data created and used by the Graphic Designer, Illustrator cannot therefore be claimed by the Client without a financial contribution. The models, and more broadly, all the original works, remain the property of the Graphic Designer, Illustrator, as well as the rejected projects. The deposit already paid will remain acquired by the Graphic Designer, Illustrator constituting compensation for the work undertaken.
Place of work and travel
Unless there is a written agreement between the Graphic Designer, Illustrator and the client company, the Graphic Designer, Illustrator reserves the right to carry out his mission outside the premises of the client company and to choose the place where he will carry it out. The client company, if it can offer it, undertakes not to impose on the Graphic Designer, Illustrator a physical presence or travel to any location, regardless of the phase or the progress of the mission. In case of contract work, ad hoc or not, the client company undertakes to make all equipment, supplies and infrastructure available to the Graphic Designer, Illustrator if the performance of the assignment requires it.
Incapacity of work
In the event of incapacity for work, as a result of illness or accident, the Graphic Designer, Illustrator reserves the right to modify the current schedule without the Customer being able to demand the payment of compensation. It is accepted that the Graphic Designer, Illustrator must notify the Client on the first working day of his incapacity.
Major force
The parties cannot be considered as 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 which 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.
Litigation
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 Montauban, to which they expressly grant jurisdiction.
Properties of the work carried out
All production and related rights, subject to the order, remain the entire and exclusive property of the Graphic Designer, Illustrator as long as the invoices issued are not paid in full by the Customer. As a corollary, the Customer will become the de facto owner of the production and of the rights transferred from the final and final settlement. all invoices issued by the Graphic Designer, Illustrator as part of the order. Unless otherwise stated on the estimate, production files and sources remain the property of the Graphic Designer, Illustrator. Only the finished product will be sent to the Customer. The author is not obligated to make the source files available to the Client but only the result of his work in a form that can be used by professionals in the sector concerned. In the absence of such a statement and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested. The work carried out by the Graphic Designer, Illustrator, in particular the preliminary studies, remain confidential and can in no case be transmitted by the Customer to a third person without prior agreement.
Principles of assignment
In accordance with the CPI (Articles L. 121-1 to L. 121-9), it is recalled that the moral right of a creation (including, among other things, the right to respect for the work and the right to respect for the name) remains attached to its author in a perpetual and imprescriptible manner. In fact, only the economic rights explicitly stated in this order will be transferred to the client company, to the exclusion of any other, and this within the possible limits also appearing there (limit of medium, territory or duration). Any full or partial representation or reproduction made without the consent of the author or his successors in title is illegal, and punishable under the laws relating to the offense of counterfeiting. The same is true for translation, adaptation or transformation, arrangement or reproduction by any art or process (art. L. 122-4 of the CPI).
Reproduction and distribution 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 sponsor to freely exploit the service provided as part of its activity, all the economic rights relating to the creation of the Graphic Designer, Illustrator under the project will be entirely and exclusively assigned to the sponsor, for dissemination on the media specifically addressed when ordering, upon effective payment of all fees due.
Copyright and commercial notice
Unless explicitly stated otherwise by the Client, the Graphic Designer, Illustrator reserves the right to include in the realization a commercial mention clearly indicating his contribution, such as the formula "Design by Graphics Fae" accompanied when the support allows it with a hypertext link pointing to the commercial site of its activity (www.graphicsfae.com). The client company undertakes not to oppose this, and to never delete this information.
Publicity right
The Graphic Designer, Illustrator reserves the right to publicly mention the achievements made for the Client to present it as a reference as part of its commercial prospecting, external communication, advertising, and the client company undertakes to never oppose it.
