1 Object of the general conditions
The Customer entrusts “Un café et une chaise” with services under the conditions specified below.
2 Budget approach and estimate
All the services of “Un café et une chaise” will be subject to a budgetary approach and/or a preliminary estimate describing the service and mentioning the period of validity of the proposal.
The performance of the services can only take place after receipt of the estimate or the budget approach signed with "good for agreement" or an order form accompanied by the corresponding deposit, in accordance with article 3.
The fact of placing an order entails the acceptance of these general conditions, no condition of purchase can be opposed. Any deadline is only given as an indication and its non-observance cannot be the subject of penalties of any kind whatsoever.
“Un café et une chaise” can in no way incur any liability for cancellations or changes decided by the Customer after approval of the quote.
3 Invoicing conditions and terms of payment
3.1 Invoicing terms:
The invoicing of the services is established as follows: deposit of 50% with the order.
3.2: Terms of payment:
Invoices are payable upon receipt and at most 30 days end of month, invoice date without discount.
“Un café et une chaise” reserves, after formal notice, the right to request late payment interest corresponding to 3 times the legal interest rate in force on the date of invoice (law 92.1442)
3.3: Penalty clause:
In the event of a non-payment forcing “Un café et une chaise” to resort to litigation, an increase of 30% of the amount of the amount due will be applied with a minimum lump sum of €1,000.
4 General management of benefits
4.1 Design:
The Customer guarantees that he has taken care to provide “ Un café et une chaise” with the most precise specifications possible, detailing the nature and environment of the order to be made.
Otherwise, or if the recommendations are not specific enough, the two parties agree that the visual interpretation is left to the interpretation of “Un café et une chaise” .
4.2 Execution of the service:
Each of the steps will be considered accepted by the Customer if no reservations have been provided to “ Un café et une chaise” within 8 days of receipt of the elements concerning the order. All the models and documents submitted will be the subject beforehand of the signature "Ready to print" on the part of the Client, or of an electronic signature, which will prove acceptance of the work requested. Any "Good for Printing or Good for Agreement" dated and signed by a Customer fully releases the liability of " Un café et une chaise" in the event of errors or omissions not mentioned.
Any defect or defect must be notified in writing by the Customer.
“Un café et une chaise”, in this case, will intervene as soon as possible to remedy the defects, which it will have itself noted.
4.3 Author's Correction:
Any modification requested by the Client after formal acceptance is considered as an author's correction and is invoiced on the basis of the additional time spent. In this case, “Un café et une chaise” can not be held responsible for the extension of the deadlines initially agreed.
4.4 Interruption:
In the event that the Customer decides to modify or temporarily or permanently interrupt a service in progress, " Un café et une chaise" will specify the consequences or additional costs resulting from this change and this, so that the customer can make a final decision in full knowledge of the facts. If the Customer maintains his decision, “Un café et une chaise” will invoice the said additional costs.
4.5 Delivery of the creation: Any creation will be provided in the form and format expressly agreed and cannot be of higher quality than that commonly recognized by the profession. The delivery releases “Un café et une chaise” from any liability whatsoever.
4.6: Conditions of custody and archiving:
“ Un café et une chaise” ensures the safekeeping and archiving of all data, documents and creations for 6 (six) months following the supply of the creation covered by the contract. At the formal request of the Customer before the end of the custody period, " Un café et une chaise" may continue to ensure its safekeeping and archiving for a period to be agreed jointly and at the usual rate of " Un café et une chaise ". » .
5 Confidentiality
" Un café et une chaise" undertakes not to disclose information of a confidential nature or considered as such, which may have been communicated to it by the Customer, concerning a product or service entrusted to the management of " Un café et une chair" without the Customer's consent, regardless of the means of communication, website and/or social networks.
6 Literary and artistic property clause
This clause is governed by the Intellectual Property Code, which stipulates that the copyright belongs to “ Un café et une chaise” .
Any creation in general and all projects established by the care of " Un café et une chaise" including within the framework of a prior consultation remain its exclusive property, even if they are subject to special invoicing.
Under no circumstances may they be reproduced without the formal agreement of “ Un café et une chaise” in any form whatsoever.
Under no circumstances will the rushes used to make a film or any other video medium be provided to the Customer. They remain the property of “ Un café et une chaise” which thus retains its right to inspect the use of images, music and sounds.
7 Transfer of literary and artistic property rights
“Un café et une chaise” gives itself the possibility of transferring its rights in return for remuneration. The property clause is divided and managed according to several types of rights,
7.1 Agency rights
The exploitation rights on the creation are transferred to the Client if his remuneration is formally provided for in the initial estimate and at the latest before the creation.
7.2 Rights of third parties
The transfer granted above cannot in any case cover the rights of third parties (copyright, related rights). At the Customer's request, these rights are negotiated by “Un café et une chaise” according to the requirements of the contract, and, if agreed, invoiced to the customer. In the event that it is envisaged to carry out uses other than those provided for in the contract, “ Un café et une chaise” will endeavor to negotiate with a view to acquiring the rights of creation necessary for these uses.
The rights are therefore only acquired within the framework of the service covered by this contract, both in terms of the media and the quantities and scope of distribution.
The responsibility of " Un café et une chaise" cannot be engaged in the event of the use of partial or total reproduction, internally or externally, which would be made by the Customer without the explicit written authorization of " Un café et une chaise" . . The Customer would be under these conditions solely responsible for non-compliance with copyright legislation.
7.3 Individual rights
The assignment granted above does not cover the rights of individuals (image rights, personality rights). At the Customer's request, these rights are negotiated by “Un café et une chaise” according to the requirements of the contract and, if agreed, invoiced to the Customer. “Un café et une chaise” will indicate to the Customer the limit of the acquired rights.
8 Mutual responsibilities
The responsibility of the Customer is engaged for the nature and the editorial, visual, sound and legal content, of the products and services which he entrusts the realization to “ Un café et une chaise” .
“ Un café et une chaise” reserves the right to refuse any service involving French laws or regulations, good morals and/or its own ethics.
9 Duration and termination
These general conditions of sale are concluded for an indefinite period.
They come into force on the date of signature of the estimate or an order form.
They may be appended to special conditions, the provisions of which will always prevail over these previous conditions.
10 Jurisdiction
Any challenge to the execution of these conditions is subject to arbitration by the parties. In the absence of agreement between the parties, the dispute will be submitted to the jurisdiction of the Commercial Court of Arras, whose jurisdiction is expressly recognized, by reference to French law.