Terms and conditions
1. PART OF THE CONTRACT
The term "Client" refers to any natural or legal person who has required the professional skills of Valentine Baudonnel as an independent graphic designer.
The term “Third Party” refers to any legal or natural person not party to the contract.
The term "Graphic Designer" refers to the micro-enterprise under the trade name Valentine B (hereinafter, the "design" or "graphic designer"), represented by Valentine Baudonnel whose registered office is 134, rue robert Marcillat, 88430 Corcieux, registration in progress.
2. PURPOSE
These general conditions of sale are intended to define the rights and obligations of the parties which apply to all goods and services provided by Valentine Baudonnel. This from any order placed as well as from all quotes accepted by a Customer (natural or legal person) and this by all means made available to him (mail, fax, telephone, email, orders on the valentinebesign.com site) as part of its main activity of providing graphic design and creation services, computer services linked to the Internet. All the characteristics of its services are detailed on the site accessible at the address “www.valentinebdesign.fr”.
These general conditions can only be derogated from with the express agreement of both parties.
The graphic designer 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 or on purchase orders already signed.
The customer using the services of Valentine Baudonnel acknowledges having read the advice, 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 of 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 when ordering, preceded by the handwritten words "read and approved" at the bottom of this document.
Any order or quote signed entails full and unreserved acceptance by the customer of these general conditions of sale as well as the specifications (attached to the quote if applicable).
The service includes everything that is explicitly listed in the “item and services” field as well as the description. As a corollary, it does not understand what is not explained in this same field.
3. COMMITMENTS OF THE PARTIES
In general, the Client and the Graphic Designer undertake to collaborate actively in order to ensure the proper performance of the contract. Each undertakes to communicate all the difficulties of which he becomes aware, as they arise, to enable the other party to take the necessary measures.
The customer:
To enable the Service Provider to carry out its mission, the Client undertakes to:
- Take care to provide the graphic designer with the precise Specifications detailing the nature and environment of the order to be made, which will no longer be modified, except by agreement of the parties, after having been approved when the quote is signed (modifications after validation may be invoiced in addition to the initial quote).
- If the client company does not provide Specifications before the start of the execution of the order, or when the Specifications do not give sufficiently precise indications or recommendations on the way in which the creation of an element included in the order, both parties agree that the visual design is left to the interpretation of Valentine Baudonnel.
- Give the Graphic Designer the order form/quote (with his signature preceded by the handwritten mention "read and approved") at most 1 month following its edition as well as a deposit of 30% of the total amount of the estimate upon signature of this so that the performance can begin.
- Maintain a valid e-mail address and postal address.
- Communicate its exact information and contact details for invoicing.
- Undertakes to provide fair and sincere information and undertakes to prevent any change concerning the data provided and will be solely responsible for any malfunctions that may result from erroneous information.
- Provide all the graphic and textual documentary elements necessary for the proper performance of the contract (in particular in the correct formats that can be used according to the targeted media) the client undertakes to provide all the legal information to be added to the documents and accepts responsibility for provide the content of the documents it edits.
- Have the necessary rights to 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 graphic designer 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.
- Guarantee the graphic designer against any action that may be brought against him due to the nature of the data or information (texts, images, sounds) that may have been provided or chosen by the Client.
- Pay within specific deadlines the sums due to the Graphic Designer (see article prices)
- Be an adult natural person (over 18) at the time of signing the contract and not be totally or partially incapacitated / Be a minor natural person, but have authorization from their legal representative at the time signing the contract and not being totally or partially incapacitated / regularly representing a legal person (having a power of attorney) at the time of signing the contract.
- Have adequate electronic equipment to use the services of the graphic designer, namely: a computer or smartphone equipped with a camera and/or a microphone, an internet connection, a powerful application such as Google Chrome, a bank card active.
Agree to download the free Adobe Acrobat application on their smartphone to be able to benefit from Valentine Baudonnel's document presentation in the best conditions.
- Undertakes not to communicate the access codes to the graphic designer's programs and services, under penalty of suspension and revocation of his access rights.
- The graphic designer offers in her services to create email accounts (electronic mail), provided by the host with whom the graphsite works. The Customer acknowledges being entirely responsible for the content of the e-mails he sends and undertakes to respect the legal conditions of use of e-mail services. Similarly, the graphic designer will in no way be held responsible for difficulties in accessing messaging, or for loss of messages. The Customer accepts full responsibility.
- Recognize that he is solely responsible for the use he makes of the site;
- That the communication of his identification elements is made under his own responsibility;
- That he is aware of the nature of the Internet (technical performance, response time to query or consult).
- That it is up to him to ensure that the technical characteristics of his computer allow him to access the site correctly.
- That it is up to him to take the appropriate measures to protect and safeguard his own data and software from contamination by any viruses.
The graphic designer:
- Valentine Baudonnel is subject to an obligation of means in the context of the performance of its Service, in accordance with common contract law.
-The graphsite undertakes to implement all necessary means to meet the needs and expectations of the Client.
- If necessary, the Graphic Designer may intervene in the development of the specifications, together with the client.
- The graphic designer strives in the interest of the client to perform its services as soon as possible, or within the deadlines agreed with the client when signing the estimate.
-The graphic designer 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 graphic designer 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.
- The Graphic Designer undertakes to provide as soon as possible, or deadlines agreed with the Customer, the delivery of orders made, and undertakes to do everything possible to ensure customer satisfaction._cc781905-5cde-3194-bb3b -136bad5cf58d_
- The Graphic Designer undertakes to communicate her vacation dates to the Clients with whom a contract is in progress.
- In the event of incapacity for work, the graphic designer will have to inform the Customer from the first working day of his incapacity.
-The graphic designer will provide his services by respecting the rules of the art in use in the profession, it is expressly agreed that he will only be bound by a general obligation of means.
- For the purposes of confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, the Graphic Designer 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.
4. PRICES
Offers and quotes are made for information purposes only. Their period of validity is a maximum of 30 days from the publication of the estimate, unless expressly indicated otherwise by the graphic designer stipulated on the estimate.
The service includes everything that is explicitly listed in the quote.
Valentine Baudonnel's hourly rate is €350.00 during the day from Monday to Friday.
Any service request not included in the proposal will be subject to an additional free estimate.
As a micro-enterprise, Valentine Baudonnel is not subject to VAT.
The corrections requested by the customer are not unlimited, only those included in the order form will be made, any additional correction will be subject to additional invoicing.
Disbursement fees may also be charged to the client. Disbursement costs are sums advanced on behalf of the client in the interest of the project and may relate to the purchase of modules, themes, photographs, graphic elements. A note of disbursement costs is established with the estimate if necessary and must be returned signed and dated with the mention "good for agreement and good for mandate" by the client. The disbursement costs are to be paid to the graphic designer from the start of the mission for its smooth running, in addition to the 40% down payment of the overall service.
The graphic designer will then provide the original invoices of the purchases and established in the name of the customer, for his invoicing.
Additional costs may be requested in specific cases:
- Travel costs: The travel necessary for the proper performance of the contract may be invoiced to the customer.
- The technical costs and various elements possibly necessary for the realization of the services of the Graphic designer and not falling under its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks, Cromalins, engraving or printing costs.
- In the event that modifications, additions or deletions of data, requested by the Customer in the course of implementation - and reporting an omission, or an error on his part - would involve a substantial revision of the initial specifications ( author's corrections), or inducing additional work or exceeding the number of hours of work and correction initially indicated in the estimate, the latter will be invoiced in addition to the initial estimate. The sums corresponding to the work already carried out by the Graphic Designer are due by the Client and immediately payable.
- Hosting or subscription costs necessary for the proper functioning of a website.
- Subject to the Designer's agreement, an additional emergency fee (50% increase on the initial price of the service) will be invoiced for services performed at the Client's request during Sundays, public holidays, or night (i.e. between 7 p.m. and 8 a.m. the next morning), or in the event of processing of the order in priority to other orders in progress by the Graphic Designer.
5. ORDER FORM AND START OF WORK
The estimate and GTC (general conditions of sale) validated by email or physical signature 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 (deposit). 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 Graphic Designer. The deadline for completing the order is defined in the quote signed by the Customer. Failing this, the maximum time for completion by the Designer of the order placed by a Customer acting as a consumer and validated is fixed at five (5) months.
Any order or additional work will give rise to the establishment either of a written order from the Customer, or of a confirmation of the order by Valentine Baudonnel.
6. TIME LIMIT
Valentine Baudonnel endeavors in the Client's interest to perform its services as soon as possible, or within the deadlines agreed with the Client when signing the estimate. In the absence of an express and written conventional stipulation, no mandatory performance deadline will be deemed to be agreed upon at the expense of the Service Provider. In any case, the service as well as the delivery can only begin from the moment when the graphic designer is actually in possession of all the information and documents but also of the payment of the credit if it is requested._cc781905 -5cde-3194-bb3b-136bad5cf58d_
In the event of late submission of documents or information by the client, a new date will be announced.
Any modification required by the Customer during the execution of the order may lead to an extension of the delivery period and an increase in the agreed price. In addition, the agreed deadlines are extended by any delay by the Client in providing the elements necessary for the mission to be performed by Valentine Baudonnel or in the payment of the agreed price.
Any possible delay cannot entitle the customer to cancel the service, to refuse the execution of the order or to claim damages.
If staggered deliveries have been planned, each of them must be considered as constituting a separate contract in such a way that the events which affect a delivery have no effect on a subsequent delivery.
7. INVOICE AND PAYMENT
Unless clearly granted additional payment period, a 30% deposit will be requested (non-refundable except in cases of force majeure see article) when ordering, then a second payment of the remaining 70% corresponding to the balance must be paid 30 days after delivery of the the service (C. Com. art L.441-6, al.2 modified from the law of May 15, 2001) or in the form of monthly payments (specified in the estimate) agreed between the two parties.
Any delay in payment may give rise to late payment penalties payable without reminder, at the rate of 10% of the total invoice per month of delay (Fight against late payment / article 53 of the NRE Law), as well as a fixed compensation of 40 euros (C. Com. art. D441-5).
In accordance with article 6 of the law of August 2, 2002, the client will compensate Valentine Baudonnel for all recovery costs, including the fees and expenses of lawyers and technical advice, in the event of a breach on his part of the one of the obligations imposed on it by these general conditions.
Unpaid bills immediately lead to the suspension of access to the graphic designer's services and programs for the client in question. Rejection costs will be borne entirely by the customer. The login account can also be suspended or deleted.
The refusal to pay for an additional service billed by the hour will entitle the Service Provider to the termination and full payment of the initial sales contract, and to compensation equal to the damage suffered and/or the value of the service. additional unsettled.
Payment is made in the name of “Valentine Baudonnel” by bank transfer or paypal.
8. VALIDATION, PARTIAL NON-VALIDITY
The customer undertakes to formulate his validations in a clear and explicit manner by sending an email or a dated and signed letter to Valentine Baudonnel.
The work carried out, delivered, and tacitly validated, implies that the sums corresponding to this work are due by the client and immediately payable by Valentine Baudonnel.
If one or more stipulations of this contract are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.
9. CANCELLATION, WITHDRAWAL AND POSTPONEMENT
Requests for postponement at the initiative of the customer must be sent by email to the Service Provider. However, the graphic designer reserves the right to refuse the request for the following reasons: current or planned workload on the requested postponement dates, non-compliance with these conditions of sale, requested deadlines no longer respecting the announced delivery deadlines.
The graphic designer reserves the right to refuse to perform a service when the order has been placed and when there has been no written confirmation of collaboration or return from the Client within 14 days of the order.
This refusal to collaborate results in the reimbursement of the sums paid by the customer, in the form of a bank transfer made within 15 working days.
The termination of an order by the Customer must be notified in writing to Valentine Baudonnel.
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 posts carried out or in progress, as well as to the additional services carried out.
All copyrights remain the exclusive and entire property of the Designer, with the exception of the data provided by the Client. The source files and data created and used by the Graphic Designer 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, as well as the rejected projects.
The deposit already paid will remain acquired by the Graphic Designer, constituting compensation for the work undertaken.
In the absence of execution by one of the parties of one of these obligations, without prejudice to the provisions of remuneration provided for the realization of the order and eight days after the sending by the other party of a formal notice by registered letter with acknowledgment of receipt without effect, this contract may be terminated automatically.
The sums already paid will remain definitively acquired by Valentine Baudonnel and the sums still due by the client company will become immediately payable, without prejudice to any damages and interest that may be due to Valentine Baudonnel. The client must return all elements of the work already submitted by Valentine Baudonnel and agrees not to keep any copies.
Any payment made with the order is qualified as a deposit. The deposit corresponds to the first payment to be applied to all the prices set out in the contract.
Once the deposit has been paid, the commitment is firm and definitive for each party. It will not be possible to cancel. This means that, in the event of cancellation, the deposit is acquired by the service provider and will not be reimbursed by Valentine Baudonnel.
If in case of force majeure (see article X), Valentine Baudonnel is obliged to cancel the contract, she undertakes to reimburse the deposit.
In the case of a service intended for a particular Customer, the latter as a consumer has a right of withdrawal of 15 days from the validation of the offer (here the estimate issued by Valentine Baudonnel)._cc781905- 5cde-3194-bb3b-136bad5cf58d_
If the work has started when the Client withdraws, the Designer is entitled to invoice the services performed and to claim penalties for the cancellation of the estimate. Under Article L. 121-21 of the Consumer Code, only the Customer as an individual can exercise his right of withdrawal. According to the Hamon law (March 17, 2014), Art. Preliminary to the Consumer Code: "A consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity". In fact, the Customer as a professional who has placed an order with Valentine Baudonnel via the validation of an estimate cannot benefit from the right of withdrawal of fourteen (14) days provided for by Consumer Law.
However, article L121-16-1 of the Consumer Code extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by the latter is less than or equal to five. If these three points are met, the professional will benefit from his right of withdrawal for a period of fourteen (14) days, at the end of which the Graphic Designer will begin the services indicated in the estimate.
For products and online training
The regulations exclude the legal withdrawal period when “supplying audio or video recordings, or computer software when they have been unsealed by the consumer”. The legal withdrawal period is therefore zero from the moment the product ordered is accessible in its entirety pursuant to the provisions of Article L121-20-2 of the Consumer Code.
For services
In accordance with article L221-28 of the Consumer Code "The right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal”.
Thus the customer certifies expressly renouncing the right of withdrawal to immediately benefit from the services offered by the Service Provider.
10. PROCESSING OF PERSONAL DATA
The graphic designer undertakes to process the personal data of the clientele or the User for professional purposes and provided for in the contract.
The customer or the User has a right of access, rectification, portability and deletion of his data, or limitation of the treatment, in accordance with the law "Informatique et Libertés" of January 6, 1978 modified and with the European regulation n°2016/679/EU of April 27, 2016 (applicable from May 25, 2018).
Any complaints in this regard must be made directly to the designer.
In the event of a dispute, the client or the User may freely report it to the CNIL, with the legal information in his possession on the identity of the graphic designer; in the Preamble of these general conditions of sale.
The data is kept for 3 years after the end of the mission or unsubscription to the newsletter, for the purposes of prospecting and information on the professional activities of the Service Provider.
The data is processed in the European Union, via the following tools: WIX, GMAIL, ASCEND.
The data possibly processed for the mission are as follows: Name, First name, Company name, Email address, Telephone number, Postal address, SIRET, date of 'anniversary.
11. OWNERSHIP OF WORK PERFORMED
All of the production and related rights, subject of the order, remain the full and exclusive property of the Designer 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 the rights transferred from the final payment and settlement of all invoices issued by the Graphic Designer within the framework of the order.
Unless otherwise stated on the quote, the production files and sources remain the property of the Designer.
Only the finished product will be sent to the Customer. The author has no obligation to provide the Client with the source files 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 mention and if the Client wishes to have the sources of the documents, an amendment to this document must be requested.
The work carried out by the Graphic Designer, in particular the preliminary studies, remains confidential and can in no case be transmitted by the Client to a third party without prior agreement.
The graphic designer may decide to initiate legal proceedings in the event of violation of his intellectual property rights.
For products and online training:
The elements provided by the graphic designer within the framework of the sale of the Product remain of the order of his intellectual property. All reproduction, modification and distribution rights are reserved.
The reproduction, partial or total, of the training materials or made available to the Customer cannot be made without the express agreement of the Seller.
Each training medium (paper, digital, electronic, oral, etc.) remains under the intellectual property and copyright of lagraphhite. This also concerns the workbook given to the client by the graphic designer, through the valentinebdesign.com platform.
The Customer undertakes not to use, transmit or reproduce all or part of these documents for any reason whatsoever.
It is strictly forbidden for the customer to donate or resell written, oral or video materials delivered by the graphic designer under penalty of legal proceedings.
Access to the personal space of the site is nominative, in no case the customer can transfer his identifiers to a third party. If this were the case, the Service Provider would be entitled to claim financial compensation.
12. ASSIGNMENT OF COPYRIGHT
According to the French Intellectual Property Code (articles L.121-1 to L.121-9), the moral right of a creation (including right of disclosure, right to respect for the work and right to withdrawal) is attached to its creator in a perpetual and imprescriptible manner.
Thus, only the property rights explicitly set out in this order will be transferred to the client company, to the exclusion of any other, and this within the possible limits also appearing therein (limit of support, territory or duration).
It is also recalled that according to the same French Code of Intellectual Property (Art. L. 122-4), any representation or reproduction in whole or in part of a work made without the consent of the author or his successors in title is unlawful. , and punished according to the laws relating to the offense of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
13. RIGHT OF REPRODUCTION AND DISSEMINATION
Any work is an original creation protected by law n° 92-597 of 1.7.1992 relating to the Intellectual Property Code. It remains the moral and physical property of its author. Only the reproduction rights are sold for the sole use or printed edition defined on the note of fees or assignment of rights relating thereto.
Reproduction and distribution rights are calculated according to the distribution of the creation. They can be ceded as a lump sum or partially. Each different adaptation of the original work subject to 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 scope of this contract and cannot exceed this limit. To allow the sponsor to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the Graphic Designer, under the project will be entirely and exclusively transferred to the sponsor, and this for the diffusion on the supports specifically addressed during the order, during the effective payment of all the fees due.
The customer is not the owner of the work but buys the rights to use it for a use defined and limited by the contract or the invoice. The work may not be modified, reproduced, sold or used for another purpose without the prior written consent of its author. At the request of the client or at the will of the graphic designer, a copyright assignment note will be accompanied upon delivery of the creation, precisely defining the conditions of use of the work.
14. LIMITATION OF LIABILITY
The graphic designer can in no way be declared responsible for any damage, material or immaterial, consecutive or not, caused directly or indirectly by the services provided, such as commercial or financial prejudice, loss of customers, loss of brand image, loss of profit, loss of order, any commercial trouble, total or partial loss or destruction of the customer's data or files, as well as any action emanating from third parties. Without prejudice to the foregoing, the responsibility of the designer in the event that it would be involved in respect of services and training, is expressly limited to the actual price _cc781905-5cde-3194-bb3b -136bad5cf58d_ paid by the customer for the service concerned and present on an estimate.
For the creation of a website, Valentine Baudonnel delivers a finished product that meets the specifications of the estimate. Under no circumstances can the graphic designer guarantee that the site requested by the Client will ensure an increase in sales, that the work provided will generate visits to the site, or ensure a good positioning in search engines.
Under no circumstances may the Service Provider be held liable in the event of fault, negligence, omission or default by the client, non-compliance with the advice given by the Service Provider, in particular in terms of graphic orientation, choice of development or method. of referencing.
Under no circumstances can the designer be held responsible for the loss of documents required for the performance of the services ordered. The Customer is obliged to send only copies or documents without replacement value. The Service Provider reserves the right to refuse any document, text or image that is contrary to its ethics, morality or does not comply with the legislation in force.
The responsibility of the graphic designer concerning the services will be fully released from the delivery of the model finalized and validated by the client in writing. If this contract could not be realized in whole or in part, due to causes beyond the control of the designer, his responsibility could not be engaged.
The graphic designer cannot be held liable in the event of force majeure, or gross or intentional fault on the part of the customer in connection with the sale of the Product or Service.
Valentine Baudonnel will provide its services by respecting the rules of the art in use in the profession, it is expressly agreed that it will only be bound by a general obligation of means.
15. USES OF SOURCES
A source is a pre-existing document or element included in the work or part of the work, subject of the order, and which may, for its use, disclosure, reproduction or exploitation, demand payment from his beneficiary(ies). The sources can be of various natures: images, illustrations, sounds, fonts, etc.
This contract does not replace either the legal obligations of the client company or those of the broadcasters, if any, towards the rights holders of the sources.
The customer undertakes to obtain all the necessary authorizations, and to bear all related payments, in particular under copyright and personality rights, for the integration of all the sources included in the work produced by Valentine Baudonnel, this before the disclosure of the work.
It is the responsibility of the client company to find out about the conditions of use of the sources for which it requests insertion in the graphic compositions from their owner(s) or assign(s), and to accept the terms of use. By validating the work or part of the work, the client company accepts the introduction of all the sources included in the work or part of the work.
16. REQUEST FOR MODIFICATION OF VISUAL PROPOSALS
The customer undertakes to formulate his requests for modification(s) concerning the model(s) provided by Valentine Baudonnel in a clear and explicit manner (by email or post only) within 10 days of the delivery of the model(s) to be validated.
An idea proposed by the client does not in itself constitute a creation. It is agreed between the two parties that the consideration of request(s) for modification made by other means, in particular orally, are left to the convenience of Valentine Baudonnel.
Any request for modification from the client on the graphic proposal(s) indicating an omission, or an error on his part, in the content of the Specifications, or any request from the client company leading to an addition or deletion of data that affects the Specifications and the data specified therein will be considered by both parties as a request for modification of the subject of the order by the customer, beyond the number of corrections announced in the estimate a supplement will be charged. The following will also be invoiced in addition: modifications requested by the client during the course of the project, if they involve a complete overhaul of the project.
17. SUBCONTRACTING & SERVICE PROVIDERS
Valentine Baudonnel is authorized, without contrary written instructions from the client, to subcontract part or all of the work ordered by the client to partners (videos, printing, web editor, etc.).
18. INCAPACITY FOR WORK AND FORCE MAJEURE
In the event of incapacity for work, following illness or accident, Valentine Baudonnel reserves the right to modify the current schedule without the Customer being able to demand the payment of compensation. It is accepted that it must notify the Customer from the first working day of its incapacity.
The parties cannot be held responsible or have failed in their contractual obligations, when the failure to perform the respective obligations originates from 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 shutdown of telecommunication networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties.
The party affected by the force majeure shall notify the other within five 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.
19. LITIGATION
The law applicable in the context of the Services and Products of the graphic designer is French law. The parties acknowledge that the clauses of these general conditions of sale are independent of each other. Any complaint by the customer must be addressed to the graphic designer in writing.
The graphic designer has two weeks to provide written feedback. If no proposed solution suits the Client or the Service Provider, the two parties will consider the amicable route before any legal proceedings. The customer can contact the competent mediation center free of charge to handle disputes under the responsibility of the mediator.
The graphic designer undertakes to adhere to a consumer mediation system with a view to the amicable resolution of any dispute and to inform the client thereof.
In the context of a dispute, and in the absence of an amicable solution, the competent court is that of the designer's jurisdiction, i.e. the Court of Epinal. Any complaint by the Customer relating in particular to a non-conformity or an anomaly of the modules delivered in an online training must be formulated within 8 (eight) days following the delivery of the access keys to the modules. It will be up to the Customer to provide any justification as to the reality of the anomalies or non-compliance observed. The Customer shall refrain from intervening itself or involving a third party for this purpose.
In case of force majeure or following an unforeseeable event, the designer may be held responsible. The responsibility of Valentine Baudonnel cannot be engaged in the following cases:
Force majeure or fortuitous event
Computer problem or malfunction
Unintentional typo or clerical error
Later evolution of the legislation
Event beyond the company's control
20. CUSTOMER SATISFACTION
In order to improve the services offered, the graphic designer reserves the right to use a statistical return of his services for professional purposes (on his communication media, to produce a commercial analysis report on his practices, etc.).
The graphic designer may come back to the customer after the purchase and use of the Product or Service to offer him to complete a customer satisfaction questionnaire, which will be used only for professional purposes, and in compliance with the data protection policy. contract personal.
The graphic designer reserves the right to publish written, audio or video testimonials, subject to having obtained the express agreement of the client. In other cases, the graphic designer will have the opportunity to speak anonymously about the experiences and transformations experienced by his clients. Acceptance of the general conditions of sale implies acceptance of rebroadcasting, sharing and promotion of the customer's experience, in its anonymous form.
21. RIGHT OF PUBLICITY, COPYRIGHT AND COMMERCIAL MENTIONS
Valentine Baudonnel reserves the right to publicly disseminate her achievements, to present them within the framework of her commercial prospecting, external communication, advertising (website, portfolio, etc.). The customer agrees never to oppose it unless otherwise stated in writing by the customer and accepted by the designer
The client authorizes la graphic designer to publicly present all the constituent elements of the work without restriction, including elements created by third-party authors and included in the work at his request, such as: textual content, iconographic content, logos and slogans.
Unless explicitly stated otherwise by the Client, the Graphic Designer reserves the right to include in the production a commercial statement clearly indicating his contribution as well as a hypertext link pointing to the commercial site of his activity (valentinebdesign.com). The Customer undertakes not to oppose it, and never to delete this information.
22. GENERAL CONDITIONS OF USE
For products and online training:
The Product consists of providing training modules in a secure electronic space hosted on the valentinebdesign.com platform
All the modules, object of the order will be made available to the customer, on an online platform, after acceptance of the order.
The graphic designer grants the client a non-exclusive and non-transferable user license consisting of opening access with a username and password to the platform hosting the Product.
This access allows the to access the modules during the period defined within the framework of the training followed from the acknowledgment of receipt of the e-mail confirming access, period at the end of which the access will be disabled.
Upon receipt of payment, the graphic designer sends the client via his email address an access URL to the online platform.
The rights to use the modules are granted solely to the user customer who has purchased the Product.
The customer is responsible to the Seller for the execution of this clause and will be liable for any fraudulent or abusive use of the access codes.
The customer will immediately inform the Service Provider of the loss or theft of the access keys.
In the event of violation of the inalienability clause or noted sharing of access keys, the Service Provider reserves the right to suspend the service, without compensation, notice or prior information.
Maintenance
The website, the workspace or the training platform are available unlimited, 24 hours a day.
The graphic designer does not guarantee the uninterrupted and error-free operation of the content delivered or of its website.
For reasons of computer updates or internal problems, it is possible that it is unavailable for a given period.
The client undertakes to inform the graphic designer within 24 hours of discovering a technical malfunction.
In this case, the graphic designer undertakes to implement actions to restore its proper functioning. However, it is not held responsible if the links, access and spaces remain inaccessible. In this sense, no indemnity or financial compensation will be paid by the graphic designer or its subcontractors.
Hypertext links
The hypertext links present on the website are likely to refer to third-party sites, content or documents. In no way, the hypertext links (by their content or their creator) cannot engage the responsibility of the graphic designer.
23. PROVISION OF WEBSITE OR WEB DESIGN
When ordering a website creation or web design at Valentine, the general conditions of sale previously mentioned apply and all that follows thus completes them.
The website creation service includes the creation of a general structure of the site, a graphic charter, definition of headings, navigation, fonts, construction of the site itself, integration of interactive elements such as forms in line, hypertext links and images by the WIX platform and statistical tools if necessary, domain names.
A scalable mockup of the completed Adobe XD home page will first be sent to the Customer. It can then be modified twice and finally be validated.
New elements may be requested in order to enrich the other pages of the site and begin construction.
Finally, the Service Provider offers, before final publication, an online version of the website (which can be consulted privately by the Client) for the validation of the production launch. Reasonable changes may be made.
Domain name, hosting, e-mail
The graphic designer acts only as a technical intermediary with naming organizations for the reservation of domain names, it is therefore necessary to take into account the general conditions of sale of these organizations.
The Customer remains the sole owner of the domain name. He acknowledges using the domain name in accordance with the legislation in force and the rights of third parties.
The Client undertakes to indemnify, defend and hold harmless the graphic designer, against any recourse, damages, liabilities, costs and expenses arising from the registration of the domain name.
Copywriting and referencing
Content written by Valentine Baudonnel
The Service Provider undertakes to use referencing techniques on the website created, but does not in any way undertake to achieve a position in search engines. The Service Provider is therefore only bound by an obligation of means.
Valentine Baudonnel offers her services as a web editor, and will present unique and personalized content to the Client, which will be subject to validation.
If express requests for unconventional referencing methods are made by the Client, the Service Provider fully disclaims any penalties that may be imposed by search engines on the positions of the Client's website.
Content written by the Client
In the event that the Client wishes to write his own content, the graphic designer will play his advisory role by making recommendations to the Client to optimize his site and facilitate its indexing with search engines.
The graphic designer will deliver a document giving basic information about web writing and SEO. The document will release the graphic designer from all liability and will make the Client solely responsible for the content of his website and any damage that may arise from its use or display.
Monitoring, maintenance and updates
The Customer may be granted access to a back office in order to update his website independently. Training is then submitted to the Client by Valentine Baudonnel. Any modification of the site by the Customer does not entail any transfer of ownership to the Customer of the computer codes and services provided by the graphic designer. The codes and passwords necessary for access to the back office will be transmitted by the Service Provider when paying the balance of the final invoice.
Under no circumstances can the graphic designer be held liable when there is: fault, negligence, omission or failure of the Client, non-compliance with the advice given by the graphic designer, force majeure, events or incidents beyond the control of the Service Provider. , fault, negligence or omission of a third party over which the designer has no power of control and monitoring.
In the event that the Customer does not wish to intervene in the modifications and updates independently, the graphic designer offers different formulas:
unlimited follow-up, in the event that the Client's activity requires very regular updates. The Customer can then contact Valentine Baudonnel when he needs to add, modify or delete information (for the publication of events, promotions, new products, etc.); quarterly or semi-annual monitoring, in the case of regular updates;
annual monitoring, in the event that information updates are not regular. This is the basic formula, because technical updates are necessary (updates of the CMS, plugins), revision of the content for the good referencing of the site on the search engines and verification of its proper functioning.
The formula will be chosen by both parties during the brief and will be clearly indicated on the estimate, then on the invoice. The monitoring, maintenance and updates formula is valid for one year and will be renewable by tacit agreement. The Customer may change formula upon renewal, in which case a new quote will be presented and must be validated.
Domain name
The Customer remains the sole owner of the domain name. He acknowledges using the domain name in accordance with the legislation in force and the rights of third parties.
The Client agrees to indemnify, defend and hold harmless the designer against any recourse, damages, liabilities, costs and expenses arising from the registration of the domain name.
The Customer acknowledges being entirely responsible for the content of the e-mails he sends and undertakes to respect the legal conditions of use of e-mail services. Similarly, the graphic designer will in no way be held responsible for difficulties in accessing messaging, or for loss of messages. The Customer accepts full responsibility.
The graphic designer undertakes to advise the Customer in the choice of his domain name but only acting as a technical intermediary with this organization, it is therefore necessary to take into account their general conditions of sale.
The graphic designer offers in its services to create e-mail accounts (e-mail address), provided by the host with which the graphic designer works.
Liability related to the service
The designer's liability is limited to the website and its content over which it has direct control.
The graphic designer cannot be responsible for links of all types provided by other service providers.
The graphic designer can not be responsible for accidental or voluntary damage caused by third parties to the client due to his connection to the Internet.
The graphic designer cannot be held responsible, within the framework of a site managed by the client, for the loss, theft or distribution of client access codes.
For any creative order, the graphic designer reserves the right to refuse text, illustration and in general any content that is contrary to morality, or in violation of the law.
Customer's obligations
In the event that the client provides The Graphic Designer with the information necessary for the execution of the order, this information must be transmitted according to The Graphic Designer's specifications. The realization of the website and/or the associated services ordered will only be carried out within a period fixed in the order from the moment of receipt of all the information necessary for this realization.
All of the information having been selected by the client prior to its distribution, the graphiste can in no way be held responsible for their content. When accepting the order, we presume that the customer is in possession of the copyright or reproduction, and assumes all responsibility for damages resulting from an infringement of the copyright or reproduction belonging to a third party .
The graphic designer cannot be held responsible for the non-functioning of all or part of the website in the event that the client wishes to take control of his site after the project has been finalized.
Commitments
All sites created by the graphic designer are responsive (optimized for tablet and mobile display), comply with the GDPR, are built to be SEO-friendly, i.e. to be most cleanly designed for web SEO.
They all come with an administrator account and training.
The evolution of Internet standards being very rapid, the Graphic Designer cannot guarantee the correct display of the content initially provided by the Client following an update of these standards and/or the update of an Internet browser. The content of the site (texts, images or any other media, etc.) is under the full responsibility of the Customer as the owner of the site and/or the director of publication of the site.
The declaration to the CNIL for the collection of information on visitors to the site is the responsibility of the Customer. The delivery of the website, in accordance with the estimate, is recognized as effective as soon as it becomes accessible on the internet or the login details for the administration page of the site are provided by the Graphic Designer to the Client._cc781905-5cde-3194 -bb3b-136bad5cf58d_
The Customer then has a period of five (5) working days to report his complaints in writing to the performer. After this period, the Customer waives all recourse concerning the creation of the website and cannot claim free intervention on its site except in the event that the contrary is indicated in the estimate and the invoice.
Unless otherwise stated on the quote, the general conditions of sale and/or service as well as the legal notices of the website created by the Graphic Designer are the responsibility of the Client. The Customer must write the general conditions of sale and/or services and the legal notices of the site in the blank pages created for this purpose by the Graphic Designer. The Graphic Designer is in no way responsible for non-compliance with the legal obligations of the owner of the site and/or its publication director. The Graphic Designer is not responsible for the publication of images and texts by the Client or the director of publication of the site.
The Graphic Designer declines all responsibility in the event of non-compliance with copyright or exploitation rights of the content published on the site by the Client or the director of publication of the site created by the Graphic Designer.
After the assignment of the website by the graphic designer, it is notably excluded to publish any form of content directly or indirectly associated with pornography and eroticism, pirated programs, a racist, defamatory or discriminatory character. whatever it is, to a character that infringes human rights in general, to an online gaming activity, to violence in any form (human, animal or damaging to the environment ), the violation of intellectual property rights relating to the works contained or distributed, in whole or in part on the Customer's web space.
The graphic designer disclaims all liability in the event of subsequent modifications by the client to the content of the pages created.
Assignment Principle
Valentine Baudonnel remains the author of the creation rights of the designed website but transfers the property rights at the end of the project.