General terms and conditions of sale

Generalities

These terms and conditions of sale define the rights and obligations of the parties in the sale of services provided by the Provider to its Clients within the scope of its business activities, including lead generation, landing page creation, advertising campaign management, and graphic design. The Provider reserves the right to modify its terms and conditions of sale, its service packages, and its prices at any time and without prior notice. These modifications will not affect orders already in progress. If the Client is an individual, they acknowledge being of legal age according to the laws of their country of residence.

The Client using the services of ANTHONY MENARD acknowledges having read and accepted 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 (Official Journal of March 14, 1957), concerning authors' rights under intellectual property law. To this end, the Client will affix their signature, preceded by the handwritten words "read and approved," at the bottom of this document when placing the order.

MR. ANTHONY MENARD - Postal address: 2 IMPASSE KERLAINO 22970 PLOUMAGOAR - SIREN 834884926 VAT FR39834884926

Customer responsibility

The Client agrees to provide accurate and truthful information and to notify the Service Provider of any changes to the information provided. The Client will be solely responsible for any malfunctions that may result from inaccurate information. The Client must maintain a valid email address and postal address.

Commitment of the parties

In general, the Client and the Service Provider agree to actively collaborate to ensure the proper execution of the contract. Each party agrees to communicate any difficulties they become aware of as the project progresses, so that the other party can take the necessary steps.

The Client

To enable the Service Provider to carry out its mission, the Client agrees to:

Establish a detailed specification document that will not be modified, except by mutual agreement, after being approved by the service provider. If modifications require a substantial revision of the initial specification document, these will be billed in addition to the initial quote.
Submit the purchase order/quote (dated, signed and stamped) to the Service Provider
Providing all the necessary documentary, graphic and textual elements for the proper execution of the contract (in particular in the correct formats usable according to the intended media), the client undertakes to provide all the legal information to be added to the documents and assumes responsibility for providing the content of the documents that it publishes.
Possess the necessary rights to the elements provided above. Only the client can be held liable in this respect.
To actively collaborate in the success of the project by providing the Provider, within the necessary timeframes, with all the information and documents required for a proper understanding of the needs and the proper execution of the services.
Strictly comply with the technical and creative recommendations made by the Service Provider.
To guarantee the 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.
Settle the amounts due to the Service Provider within the specified time limits.
Inform the Provider of any potential competitive bidding process with other providers.

The Service Provider

If necessary, the Service Provider may intervene in the development of the specifications, jointly with the Client.
The Provider guarantees that the creations are legally available and are not encumbered by any third-party rights, whether belonging to employees of the provider or not, for the uses provided for under the contract.
The Provider undertakes to inform the Client regularly and effectively of the progress of the project, in particular through validations submitted to the Client.
With regard to confidentiality and for the entire duration of this agreement and even after its termination for any reason whatsoever, the Provider undertakes to keep strictly confidential all information and documents of any kind relating to the Client, to which it may have had access in the context of the execution of this mission.

Additional costs

Various elements that may be necessary for the Provider to perform the services and that are not included in its offers are not included in the prices indicated. These include, for example, fonts, photographs, or illustrations from stock image libraries. Additional charges will apply for modifications requested by the client during the project if they require a revision of the project (author's corrections). The text content required for the product's creation must be provided by the Client. Travel expenses necessary for the proper execution of the contract may also be billed to the Client.

Purchase order and start of work

The quote and the General Terms and Conditions of Sale signed by the Client together constitute acceptance of these terms and serve as a purchase order. This must be accompanied by payment of 50% of the overall price of the services to be provided. Work will begin when all documents (quote and terms and conditions) are signed, 50% of the total amount paid) and graphic and textual documentary elements necessary for the proper execution of the contract, will be made available to the Provider.

Validations

After the project creation phase(s), the Client undertakes to transmit their validations to the Provider in a clear and explicit manner by sending a dated and signed email or letter.

If the client does not approve or request modifications to the mock-ups within fifteen days, they will be considered approved by both parties. Once the work is completed, delivered, and tacitly approved, the corresponding payment is due.

Invoice and payment

Unless a further payment period has been expressly agreed upon, payment of the invoice is due on the delivery date or at the latest 30 days after its issuance. Payment is made by bank transfer or check payable to Anthony MENARD. In case of late payment, penalties will be due without prior notice, in accordance with the law. These penalties are equal to three times the legal interest rate, applied to the amount due. Any professional client with late payments is also automatically entitled to a fixed compensation of 40 € for recovery costs, in accordance with Articles L441-10 and D441-5 of the French Commercial Code. If the recovery costs incurred exceed this amount, additional compensation may be claimed upon presentation of supporting documents.

Deposit and order cancellation

In the event of early termination of the contract by the Client, the Client formally agrees to settle and pay all amounts due according to the current schedule, for work completed or in progress, as well as for any additional services rendered. All copyrights remain the exclusive and complete property of the Provider, with the exception of data provided by the Client. The source files and data created and used by the Provider may not be claimed by the Client without financial compensation. Mock-ups, and more broadly, all original works, remain the property of the Provider, as do rejected projects. The deposit already paid will be retained by the Provider as compensation for work undertaken.

Inability to 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 Client being entitled to any compensation. It is understood that the Service Provider must notify the Client on the first working day of their incapacity.

Force majeure

The parties shall not be held liable or deemed to have breached their contractual obligations when the failure to perform their respective obligations is due to force majeure; the contract between the parties shall be suspended until the causes of the force majeure cease. Force majeure includes irresistible events or circumstances beyond the control of the parties, unforeseeable and independent of their will, despite all reasonable efforts to prevent them. The following shall also be considered force majeure events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties. The party affected by force majeure shall notify the other party within five (5) business days of becoming aware of it. The two parties shall then agree on the conditions under which the performance of the contract will continue.

Dispute resolution

This contract is governed by French law. Any dispute or disagreement concerning the interpretation or performance of this contract shall, failing an amicable agreement between the parties, be brought before the competent courts of Saint-Brieuc, to which they expressly submit jurisdiction.

Ownership of the work carried out

All production and related rights pertaining to this order remain the sole and exclusive property of the Service Provider until all invoices issued have been paid in full by the Client, up to the total amount of the order and any subsequent amendments agreed upon during the course of the service. Consequently, the Client will become the de facto owner of the production and the rights transferred upon final and complete payment of all invoices issued by the Service Provider in connection with this order. Unless otherwise stated in the quote, production files and source files remain the property of the Service Provider. Only the finished product will be delivered to the Client. If the Client wishes to obtain the source files, an amendment to this document must be requested.

Transfer principles

The reproduction and republication of the Provider's creations are subject to copyright fees in accordance with the law of March 11, 1957. The transfer of these rights applies only to the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic design may not be made under any circumstances without the Provider's consent. The signature may not be removed without the Provider's agreement. An idea proposed by the Client does not, in itself, constitute a creation.

Reproduction and distribution rights

Reproduction and distribution rights are calculated based on the dissemination of the work. They may be assigned in full or in part. Each different adaptation of the original work is subject to a new copyright assignment. For each new edition, the amount of the rights must be updated. The rights are assigned within the temporal and geographical scope of this contract and may not exceed this limit. To allow the client to freely exploit the service provided within the scope of their business, all economic rights relating to the service provider's creation, for the project, will be fully and exclusively assigned to the client, for distribution on the media specifically designated in the order, upon full payment of all fees due.

Copyright and commercial notice

Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the final product a commercial notice clearly indicating their contribution, such as the phrase "Created by www.anthonymenard.net Freelance Graphic Designer," accompanied, where the medium allows, by a hyperlink pointing to their business website www.anthonymenard.net

Right to publicity

The Provider reserves the right to mention the work carried out for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting efforts.