Terms and Conditions - Freelance Designer

1 - PARTS OF THE CONTRACT

The term “Client” refers to any legal or natural person who has required the skills of Alexis Balinoff for any creation within the framework of the graphic design skills. The term “Service Provider” refers to Alexis Balinoff, Freelance Graphic Designer and Web Designer.

2 - PURPOSE OF THE CONTRACT

The purpose of the present general conditions of sale is to define the rights and obligations of the parties during the sale of 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 modifications will have no impact on the current orders. If the customer is a private individual, he acknowledges to be major in accordance with the laws of the country where he resides. The Client calling on the services of Alexis Balinoff 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 (J.O. of March 14, 1957) on the Rights of Authors concerning intellectual property laws. To do so, the customer will affix his signature to the order, preceded by the handwritten mention “read and approved” at the bottom of the estimate.

3 - 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. In case of breach of the contract before its term by the Customer, the Customer formally agrees 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.

4 - COMMITMENT 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.

a/ 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.

To 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.

b/ 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.

5 - ANCILLARY EXPENSES

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, typographical 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.

6 - ORDER FORM AND START OF WORK

The quotation and the GTC (General Terms and Conditions of Sale) signed by the Customer are exclusively valid together for their acceptance and serve as a purchase order. The latter must be accompanied by the payment of 33% of the total price of the services to be provided. The work shall begin when all the documents (signed quotation and General Terms and Conditions of Sale, 33% 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.

7 - INVOICE AND PAYMENT

Unless an additional payment period is clearly granted, payment of the invoice is due on the date of delivery or a maximum of 30 days after its issue (C. Com. art L. 441-6, para.2 modified of the law of May 15, 2001). Payment shall be made by bank transfer or by cheque payable to Alexis Balinoff. In the event of delay, penalties will be payable without the need for a reminder in accordance with the law. These penalties amount to 10% of the total amount of the invoice per day of delay (Fight against late payment / article 53 of the NRE Act ), as well as a fixed compensation of 40€ (C. Com. art. D441-5). In case of non-payment, the customer will bear all collection costs.

8 - DEPOSIT AND CANCELLATION

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.

9 - 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 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.

10 - SETTLEMENT OF DISPUTES

The contract is subject to French law. Any dispute or litigation concerning the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Lyon, to which they expressly attribute jurisdiction.

11 - OWNERSHIP OF THE WORK CARRIED OUT

All production and related rights, subject of the order, remain the full and exclusive property of the Service Provider until the invoices issued are paid in full by the Customer, up to the total amount of the order and any amendments agreed during the course of the service. In accordance with the CPI (articles L.121-1 to L.121-9), only the economic rights explicitly stated in the conditions of transfer, to the exclusion of any other, shall be transferred to the Customer for the work described, within the limits also stated therein. It is reminded that the moral right of a creation (including the right to the respect of the work and the right to the respect of the name) remains attached to its author in a perpetual and imprescriptible way. Any representation or reproduction in whole or in part made without the consent of the author or his assignees is illegal, and punished according to the laws relating to the offence of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever (Art. L. 122-4 of the CPI). The entire production and related rights, which are the subject of this order, shall remain the full and exclusive property of Alexis Balinoff for as long as the invoices issued by Alexis Balinoff are not paid in full by the client company, up to the total amount of the order and any amendments made in the course of the service. As a corollary, the client company shall become the de facto owner of the rights assigned upon final payment and settlement of all invoices issued by Alexis Balinoff in connection with the order. As a corollary, the Client shall become the de facto owner of the production and the assigned rights upon final payment and settlement of all invoices issued by the Service Provider in connection with the order. Unless otherwise stated on the quotation, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. In the absence of such a mention and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.

12 - LIABILITY

The client company assumes full and entire responsibility for the choices made with regard to the textual and iconographic content appearing in the work delivered by Alexis Balinoff, as well as for the use that will be made of it, and in particular for its compliance with the regulations in force. It also ensures that it owns the rights necessary for the use of all the creative textual and iconographic elements provided by it to Alexis Balinoff in the context of its mission, and guarantees Alexis Balinoff against any third party claim relating to the violation of the rights of these elements.

13 - COPYRIGHT AND COMMERCIAL NOTICES

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

14 - RIGHT OF PUBLICITY

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.

Alexis Balinoff Terms and Conditions 2020