General terms and conditions of sale

 

ART DIRECTION
GRAPHIC DESIGN

 

Parties to the contract

The term “Customer” refers to any legal or natural person, having required the skills of Mathilda Perrot for any creation within the framework of graphic design skills. The term “Third Party” refers to any individual or legal entity not party to the contract. The term “Service Provider” refers to Mathilda Perrot, Artistic Director & Freelance Photographer

General

The purpose of the present general terms and conditions of sale is to define the rights and obligations of the parties when selling products made by the Service Provider for its Customers within the framework 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 a private individual, he acknowledges that he is of legal age in accordance with the laws of the country where he resides.

The Customer calling upon the services of Mathilda Perrot acknowledges having read and accepted without reserve the following terms and conditions of sale. In order to do so, the Customer will sign the order, preceded by the handwritten mention “read and approved” at the bottom of this document.

 

Responsibility of the Customer

The Customer undertakes to provide accurate and truthful information and agrees to notify the Service Provider of any changes concerning the data provided and shall be solely responsible for any malfunctions that may result from erroneous information. The Customer must maintain a valid e-mail and postal address.

 

Commitments of the parties

Generally speaking, the Customer and the Service Provider undertake to collaborate actively to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties that it becomes aware of as the project progresses, to enable the other party to take the necessary measures.

The Client

To enable the Service Provider to carry out its mission, the Customer undertakes to :

– Establish detailed specifications that will not be modified, unless agreed by the parties, after having been approved by the Provider. In the event that modifications would imply a substantial overhaul of the initial specifications, these modifications will be invoiced in addition to the initial estimate.

– Submit to the Service Provider the purchase order/quotation (dated, signed and stamped).

– To provide all the documentary, graphic and textual elements necessary for the good realization of the contract, (in particular in the good exploitable formats according to the targeted supports) the customer commits himself providing all the legal information to be added in the documents and takes the responsibility to provide the contents of the documents which he publishes.

– Have the necessary rights on the elements provided above. Only the responsibility of the client 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 execution 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 because of the nature of the data or information (text, images, sounds) that would have been provided or chosen by the Customer.

– To pay the amounts due to the Service Provider within the specified time limits.

– Inform the Service Provider of any competition with other service providers.

The Provider

– If necessary, the Service Provider may intervene in the elaboration of the specifications, jointly with the Customer.

– The Service Provider guarantees that the creations are legally available and are not subject to the rights of third parties, whether or not employees of the Service Provider, for the uses provided for under the contract.

– The Service Provider undertakes to regularly and effectively inform the Customer of the progress of the project, in particular through validations submitted to the Customer.

– Under the terms of confidentiality and throughout the duration of the present contract and even after its 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 it may have had access in the context of the execution of the present mission.

necting, using the above-mentioned site.

Personal information: “information that allows, in any form whatsoever, directly or not, the identification of the natural persons to which it applies” (article 4 of the law n° 78-17 of January 6, 1978).

 

Ancillary costs

The prices do not include any miscellaneous items that may be necessary for the performance of the Service Provider’s services and that are not included in the Service Provider’s offers. These include, for example, fonts, photographs or illustrations from image banks. The following are to be charged in addition: changes requested by the customer during the course of the project, if they involve a reworking of the project (author’s corrections). The textual content allowing the realization of the product will have to be provided by the Customer. Travel necessary for the proper execution of the contract may also be invoiced to the Customer.

 

Order form and start of work

The quotation and the GCS (general terms and conditions of sale) signed by the Customer are exclusively valid together for acceptance of the latter and serve as an order form. The latter 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 (signed quotation and GCS, 30% of the total amount paid) and graphic and textual documentary elements necessary for the proper performance of the contract, are available to the Service Provider.

Rates and services

– All prices are in HT (before tax). The prices stated on the invoice remain firm and non-revisable. The services to be provided are those clearly stated in the specifications, and as a corollary, any services not stated are not included and will be the subject of a supplementary estimate.

– The organization (search for service providers, printing advice…) can be part of the artistic director’s service, this will generate an additional cost.

– The source files will not be delivered, except for exceptional requests: in this case, they will be invoiced at 3x the price of the service.

 

Validations

– After the phase(s) of creation of the project, the Customer agrees to transmit to the Service Provider its validations in a clear and explicit manner by sending an email or a letter dated and signed.

– In the absence of a validation or a request for modification of the mock-ups by the Customer within fifteen days, the mock-ups 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.

 

Invoice and payment

Unless an additional payment period is clearly granted, the invoice is due for payment on the date of delivery or at the latest 30 days after its issue. Payment is made by bank transfer or by check payable to Mathilda Perrot. In case of delay, penalties will be due without the need for a reminder in accordance with the law.

These penalties amount to 12% of the total amount of the invoice per week of delay. In case of non-payment, the customer will bear all collection costs and actions of the customer. (Article D. 441-5 of the French Commercial Code sets the amount of this indemnity at 40).

 

Deposit and cancellation of order

In the event of breach of contract before its term by the Customer, the latter formally undertakes to regularize and pay the amounts relating to the current schedule, the items completed or in progress, as well as the additional services performed. All copyrights remain the sole and entire property of the Service Provider, except for the data provided by the Customer. The files and source data created and used by the Service Provider cannot be claimed by the Customer without a financial contribution. The mock-ups, and more broadly, all original works, remain the property of the Service Provider, as well as rejected projects. The deposit already paid will remain the property of the Service Provider, constituting compensation for the work undertaken.

Incapacity 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 Customer being able to demand the payment of compensation. It is agreed that the Service Provider shall notify the Customer of his incapacity on the first working day.

 

Force majeure

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 causes that gave rise to the force majeure have been extinguished. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and independent of the will of the parties, despite all reasonably possible efforts to prevent them. Are also considered as force majeure: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, the failure of the company’s infrastructure, the failure of the company’s operations, the failure of the company’s suppliers, the failure of the company’s services, the failure of the company’s suppliers to meet their obligations, the failure of the company’s suppliers to meet their obligations.

 

Principles of assignment

The reproduction and republishing of the Service Provider’s creations are subject to the collection of copyright according to the law of March 11, 1957. The transfer of these rights concerns only the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation may not be made, under any circumstances, without the consent of the Service Provider. The signature may not be removed without the consent of the Provider. An idea proposed by the Customer does not, in itself, constitute a creation.

Reproduction and distribution rights

The reproduction and distribution rights are calculated according to the diffusion of the creation. They can be transferred on a lump sum basis or partially. Each different adaptation of the original work is subject to a new transfer of copyright. For each new edition, the amount of the rights must be updated. The rights are assigned within the temporal and geographical scope of the present contract and may not exceed this limit. In order to allow the client to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the service provider for the project will be entirely and exclusively transferred to the client, and this for distribution on the media specifically addressed at the time of the order, upon effective payment of the totality of the fees due.

 

Copyright and commercial mention

Unless explicitly stated otherwise by the Customer, the Service Provider reserves the right to include in the realization a commercial statement clearly indicating its contribution, such as the formula “Graphic Design by Mathilda Perrot” accompanied, when the medium allows it, by a hypertext link pointing to the commercial site of its activity (www.mathildaperrot.com).

 

Right to advertise

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 commercial canvassing.

 

PHOTOGRAPHY

Parties to the contract

The term “Customer” refers to any legal or natural person, having required the skills of Mathilda Perrot for any creation within the framework of graphic design skills. The term “Third Party” refers to any individual or legal entity not party to the contract. The term “Service Provider” refers to Mathilda Perrot, Artistic Director & Freelance Photographer.

 

General

The purpose of the present general terms and conditions of sale is to define the rights and obligations of the parties when selling products made by the Service Provider for its Customers within the framework 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 a private individual, he acknowledges that he is of legal age in accordance with the laws of the country where he resides.

The Customer calling upon the services of Mathilda Perrot acknowledges having read and accepted without reserve the following terms and conditions of sale. In order to do so, the Customer will sign the order, preceded by the handwritten mention “read and approved” at the bottom of this document.

 

Responsibility of the Customer

The Customer undertakes to provide accurate and truthful information and agrees to notify the Service Provider of any changes concerning the data provided and shall be solely responsible for any malfunctions that may result from erroneous information. The Customer must maintain a valid e-mail and postal address.

 

Commitments of the parties

Generally speaking, the Customer and the Service Provider undertake to collaborate actively to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties that it becomes aware of as the project progresses, to enable the other party to take the necessary measures.

 

The Client

To enable the Service Provider to carry out its mission, the Customer undertakes to :

– Establish detailed specifications that will not be modified, unless agreed by the parties, after having been approved by the Provider. In the event that modifications would imply a substantial overhaul of the initial specifications, these modifications will be invoiced in addition to the initial estimate.

– Submit to the Service Provider the purchase order/quotation (dated, signed and stamped).

– Pay the amounts due to the Provider within the specified time limits.

– Inform the Provider of any competition with other providers.

 

The Provider

– If necessary, the Service Provider may intervene in the elaboration of the specifications, jointly with the Customer.

– The Service Provider undertakes to regularly and effectively inform the Customer of the progress of the project, in particular through validations submitted to the Customer.

– As a matter of confidentiality and throughout the duration of this Agreement and even after its 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 it may have had access in the performance of this mission.

 

Order form and start of work

The quotation and the GCS (general terms and conditions of sale) signed by the Customer are exclusively valid together for acceptance of the latter and serve as an order form. The latter 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 (signed quotation and GCS, 30% of the total amount paid) are at the disposal of the Service Provider.

 

Rates and services

– All prices are in HT (before tax). The prices stated on the invoice remain firm and non-revisable. The services to be provided are those clearly stated in the specifications, and as a corollary, any services not stated are not included and will be the subject of a supplementary estimate.

– The organization (search for speakers, premises …) may be part of the photographer’s service, this will incur an additional cost.

– The services of external contributors (models, make-up artists, stylists) are not included in the photographer’s services.

– Any refusal of the images expressly motivated by the client may be subject to a new shooting session but the implementation costs (equipment rental, photo studio, travel) will be charged again.

– Raw photographs (without retouching and processing) are not delivered.

 

Use of the photographs

– Any use not provided for in this agreement will have to be the subject of a new transfer. The conditions of transfer depend on the duration, the type of media, the geographical area and the print run. Any future transfer will be calculated on the basis of the official scale of the works of order in publicity, the mention of the name of the author is obligatory at the time of each use of the image. (Law N°92-597 of July 1st, 1992).

– According to the code of intellectual property a photograph is a work of the mind, the photographer is therefore the full owner of the photograph as long as there has been no transfer of rights in writing. In the event of illegal use of the work, without response from you within eight days, the Provider will be forced to refer the matter to its counsel to enforce the law.

– The photographer can present on his site and his portfolio the images made with the mention of the work requested (name of the client, credits of the speakers), unless otherwise specified by the client.

– Out of an agreement of transfer of total rights of the images: you must credit the images and the images must not undergo any transformations (adjustments, cropping, retouching) without the agreement of the photographer.

– The client is not the owner of the images but simply exploits them during the period provided for in the contract signed between the parties.

– The signed estimate serves as a contract between the two parties.

 

Invoice and payment

Unless an additional payment period is clearly granted, the invoice is due for payment on the date of delivery or at the latest 30 days after its issue. Payment is made by bank transfer or by check payable to Mathilda Perrot. In case of delay, penalties will be due without the need for a reminder in accordance with the law.

These penalties amount to 12% of the total amount of the invoice per week of delay. In case of non-payment, the customer will bear all collection costs and actions of the customer. (Article D. 441-5 of the French Commercial Code sets the amount of this indemnity at 40).

 

Deposit and cancellation of order

– A deposit of 30% will have to be paid by the Customer to confirm the shooting. In case of cancellation of the session, this deposit will be kept as compensation for all the means used for the session. (Time for reflection, team training, blocking of dates) as well as the implementation costs for the shooting session.

– In case of cancellation by the client within 15 days before the shooting, the deposit is due.

Retouching

– The retouching services included do not include (unless specified in the Specifications): replacement of decor, replacement of clothing, photo-montage, graphic design services (titling, addition of text, etc.), and will be subject to additional billing.

 

Incapacity 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 Customer being able to demand the payment of compensation. It is agreed that the Service Provider shall notify the Customer of his incapacity on the first working day.

Force majeure 

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 causes that gave rise to the force majeure have been extinguished. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and independent of the will of the parties, despite all reasonably possible efforts to prevent them. Are also considered as force majeure: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by the force majeure will notify the other within five (5) business days following the date on which it becomes aware of it. Both parties will then agree on the conditions under which the execution of the contract will be continued.