General conditions of sale – Fanny Koch, freelance graphic designer in Annecy (74)
1 – PARTS OF THE CONTRACT
The term “Client” refers to any legal or natural person who has required the professional skills of Fanny Koch as a freelance graphic designer. The term “Third Party” means any natural or legal person who is not a party to the contract. The term “Service Provider” refers to the sole proprietorship Fanny Koch whose registered office is 15 Chemin des Hirondelles, 73420 Viviers-du-lac, registered with the URSSAF of Savoie (73) under the siret number: 53977625200055.
2 – GENERAL
The purpose of these general conditions of sale is to define the rights and obligations of the parties when selling products made by the Service Provider for its customers as part of its commercial activity of creation and graphic 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 have no impact on current orders. If the Customer 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 Fanny Koch acknowledges having read and unreservedly accepted the following general conditions of sale, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on property artistic (J.O. of March 14, 1957) of the rights of the authors concerning the laws of the intellectual property. 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 accurate and sincere information and undertakes to notify the Service Provider of any changes to the data provided and will be solely responsible for any malfunctions that may result from incorrect information. The Service Provider can in no way be held responsible for spelling errors in the texts provided by the client. Customer must maintain a valid email address and mailing address.
4 – COMMITMENT
In general, the Client and the Service Provider undertake to collaborate actively in order to ensure the proper performance of the contract. Each undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures.
5 – THE CUSTOMER
To enable the Service Provider to carry out its mission, the Client undertakes to:
– Provide all the information necessary for the development of the project. These will no longer be modified, except with the agreement of the parties, after having been approved by the Service Provider. In the event that modifications would involve a substantial reworking of the initial specifications, these will be invoiced in addition to the initial estimate.
– Provide the Service Provider with the quote (dated, signed and preceded by the words “Read and approved”).
– Provide all the documentary, graphic and textual elements necessary for the proper performance of the contract, (in particular in the correct usable formats depending on the media targeted) the client 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 publishes.
– Have the necessary rights on the elements 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 a timely manner with all the information and documents necessary for the proper understanding of the needs and the proper performance of the services.
– Strictly comply with the technical and creative recommendations made by the Service Provider.
– Guarantee the Service Provider against any action that may be brought against it due to the nature of the data or information (texts, images, sounds) that may have been provided or chosen by the Client.
– Pay within the specific deadlines the sums due to the Service Provider.
– Inform the Service Provider of any competition with other service providers.
6 – THE PROVIDER
– If necessary, the Service Provider may intervene in the development of the specifications, together with the Client.
– The Service Provider guarantees that the creations are legally available and are not encumbered with the rights of third parties, employees or not of the service provider, for the uses provided for under the contract.
– The Service Provider undertakes to regularly and effectively inform the Client of the progress of the realization of the project and this, in particular, through validations submitted to the Client.
– For the purposes of 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 kind whatsoever relating to the Client. , to which he could have had access in particular within the framework of the execution of this mission.
7 – ESTIMATE
The estimate and the GTC (general conditions of sale) signed by the Customer are valid exclusively together for acceptance of the latter and act as an order form. This must be accompanied by the payment of 30% of the total price of the services to be provided. The work will begin when all the documents (estimate and GTC signed, 30% of the total amount paid) and graphic and textual documentary elements necessary for the proper performance of the contract, will be available to the Service Provider.
– Any service not included in this proposal will be subject to an additional quote.
– Work requested within particularly short deadlines or during Saturdays, Sundays, public holidays, or at night (i.e. between 8 p.m. and 9 a.m. the next morning), will be subject to an overbilling of 100 Euros / hour.
8 – INVOICES AND PAYMENT
Unless an additional payment period has been clearly agreed, payment of the invoice is due a maximum of 30 days after it is issued, with the exception of websites where the payment is made before posting, once the payment fully paid. Payment is made by bank transfer or by check payable to Fanny Koch. In the event of delay, penalties will be payable without a reminder being necessary in accordance with the law. These penalties amount to 10% of the total amount of the invoice per day of delay. In the event of non-payment, the customer will bear all collection costs.
9 – 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, the posts carried out or in progress, as well as the additional services carried out. All copyrights remain the exclusive and entire property of the Service Provider, with the exception of the data provided by the Client. The source files and data created and used by the Service Provider 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 Service Provider, as well as the rejected projects. The deposit already paid will be retained by the Service Provider, constituting compensation for the work undertaken.
10 – EXTENDED COSTS
The miscellaneous elements that may be necessary for the performance of the Service Provider’s services and not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks. Are to be invoiced in addition: the modifications requested by the customer during the realization, 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 except service requested. Travel necessary for the proper performance of the contract may also be invoiced to the Customer.
11 – PROPERTIES OF THE WORKS PERFORMED
All of the production and related rights, subject of the order, remain the sole 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 the rights transferred from the final payment and settlement of all invoices issued by the Service Provider within the framework of the order. Unless otherwise stated on the estimate, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. In the absence of such mention and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.
12 – RIGHT OF PUBLICITY
The Service Provider reserves the right to mention the achievements made for the Client on its external communication and advertising documents and during commercial prospecting canvasses.
13 – COPYRIGHT AND COMMERCIAL NOTICE
Unless expressly stated otherwise by the Client, the Service Provider reserves the right to include in the production a commercial statement clearly indicating its contribution, such as the formula “Graphic creation Freedfromdesign” accompanied when the medium allows it by a hypertext link pointing to the site. commercial of its activity (www.freedfromdesign.fr).
14 – WORKPLACE AND TRAVEL
Unless there is a written agreement between the Service Provider and the client company, the Service Provider reserves the right to carry out its mission outside the premises of the client company and to choose the place where it will carry it out. The client company, if it can offer it, undertakes not to impose on the Service Provider a physical presence or a trip to any place, regardless of the phase or progress of the mission. In the event of work on site, whether ad hoc or not, the client company undertakes to make all equipment, supplies and infrastructure available to the Service Provider if the performance of the assignment so requires.
15 – INCAPACITY FOR WORK
the current schedule without the Customer being able to demand the payment of compensation. It is accepted that the Service Provider must notify the Customer from the first working day of his incapacity.
16 – FORCE MAJEURE
The parties cannot be considered responsible or have failed in their contractual obligations, when the failure to perform the respective obligations originates in force majeure; the contract between the parties is suspended until the extinction of the causes having generated the 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 reasonably possible efforts to prevent them. Are also considered as cases of force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stopping of own telecommunications networks outside the parties. The party affected by the force majeure will notify the other within five (5) working days following the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract will be continued.
17 – SETTLEMENT OF DISPUTES
The contract is subject to French law. Any dispute or litigation 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 Chambéry to which they expressly assign jurisdiction.
I am covered by RC Pro insurance at MMA.