General terms of sale
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General terms of sale
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- Parties to the contract the term "Client" means any legal or physical person, having requested the skills of Mr. Sébastien ember for any creation within the framework of the skills of freelance graphic designer. The term third party means any natural or legal person not party to the contract. The term provider is Mr Sébastien ember, freelance graphic designer who manages the company Studio Karma.
- Generality the purpose of these general terms of sale is to define the rights and obligations of the parties in the sale of products made by the supplier to his customers in the context of his business of creation and design Graphic. The Claimant reserves the right to change his general terms of sale, formulas and tariffs at any time and without notice. These changes will not affect the current orders. If the Client is an individual, he or she acknowledges being a major in accordance with the laws of the country. The Client undertakes to provide fair and sincere information and is committed to preventing any change in the data provided and will be solely responsible for any malfunctions that may result from erroneous information. The customer must maintain a valid email address and mailing address.
- Contractual Relations no telephone contact, no appointment, is worth commitment. Requests for the creation of creations must be submitted by the customer to the provider by email or mail. The obligations between the parties arise from the signature of the dated and signed quotation accompanied by a deposit of thirty (30%) per cent of the total amount of the invoice. The claimant will not start any creation until such documents are received, this provision is an essential part of the contract.
- Processing and sending files by the client please send the customer all the client files (texts, fonts and images, even from third parties, free of rights) before the start of the creation. Texts are to be provided in electronic format and typeset without spelling errors, no text entry will be made. In no event shall the claimant be liable for any misspellings in the texts provided by the client. The quality of the images provided by the customer and their rendering are independent of the creation of the model. The various elements which may be necessary for the fulfilment of the services of the provider and not covered by his offers are not included in the prices indicated. This is for example typographic fonts, photographs or illustrations from image banks. The same is the cost of printing and/or Internet hosting. The settlement of these will be done by the customer directly with the supplier and provider outside. The textual content allowing the product to be produced must be provided by the customer. The travel required to carry out the contract may also be charged to the customer.
- Modification of the initial request by the customer any new creation to be realised will be the subject of a new quotation. If the modifications, alterations or retouching of the creations foreseen in your quotation result in an intervention whose duration is clearly excessive in relation to the time normally necessary for the realization of creations, the nature of which tends to modify Significantly the creations proposed in the quotation, requiring the processing of the source files in order to make them usable to make the creations, an invoice per hour, on the basis of 65.00 euros/hour, will be established.
- Modification of the deadline significant changes, recreations, delay in decision-making or late delivery of documents by the customer and necessary for the creation, further push the delivery time established between the parties.
- Assignment of rights the assignment of the rights of use and distribution of the creations made by the claimant shall be completed in full receipt of the amounts invoiced unless otherwise stated on the quotation and/or invoice. This assignment will be detailed and specified on a case-by-case basis on each quotation and/or invoice based on what has been defined by both parties.
- Terms of payment The creations must be paid to the claimant on the dates mentioned on the quotation and/or the customer invoice. The customer agrees to respect the dates of payment mentioned on his quotation and/or his invoice. The quotation dated and signed with the words "terms and conditions accepted, good for order for the sum of (sum in letters)" accompanied by a deposit of thirty (30%) per cent of the total amount of the invoice is an essential part of the contract.
- Cancellation of order in the event of a breach of the contract before its end by the customer or the provider, the client formally commits to regularize and to reward the amounts relating to the current timetable, to the posts realized or in the course of realization, as well as to the Complementary services performed. All copyrights remain the sole and exclusive property of the claimant, with the exception of the data provided by the customer. The source files and data created and used by the 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 claimant, as well as the rejected projects. These documents must be made to him undamaged and at his request. The deposit already paid will remain acquired by the claimant, constituting compensation for the work undertaken.
- Force majeure the parties may not be considered liable or have failed to fulfil their contractual obligations, where the failure to perform the respective obligations originates in force majeure, the contract between the parties shall be suspended Until the causes of force majeure have been extinguished. Force majeure takes into account compelling facts or circumstances, external to the parties, unpredictable and independent of the will of the parties, despite all reasonable 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 shutdown of telecommunication networks, and in particular all networks Accessible via the Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by force majeure shall notify the other within five (5) working days of the date on which it has been informed. Both parties will then agree on the conditions under which the execution of the contract is to be prosecuted.
- Inability to work in the event of inability to work, due to sickness or accident, the claimant reserves the right to amend the current timetable without the Client being required to pay compensation. It is accepted that the claimant must notify the Client from the first working day of his disability.
- Promotion of creations unless otherwise stated in writing, the provider may broadcast any creations made, either for the customer or for a third party for which the customer intervenes, for the purpose of "presentation of creations" on all types of media Without limitation of duration, except as otherwise provided in writing, or particulars entered on the quotation and/or the customer invoice, the words "Graphic design Studio Karma-06 75 77 74 51-www.studiokarma.fr" shall be affixed to the paper or Web creations Made.
- Dispute resolution the contract is subject to French law. In case of litigation, the parties undertake to do everything to settle their differences amicably. In the event that an amicable resolution cannot succeed, the competent court shall be that of the place of domicile of the claimant.
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