GENERAL CONDITIONS OF PERFORMANCE OF THE SERVICE
These General Conditions for the Provision of the Service apply to all services, advice, creation, communication, organization of events, advertising and delivery of products developed by FACTIO.
Article 1 - Object and scope
These General Conditions detail the rights and obligations of the FACTIO agency and its clients.
Subject to special conditions stipulated in the estimate, any acceptance of a quote for a service provided by FACTIO by the CLIENT implies full and unreserved acceptance of these GTC, who declares and acknowledges having full knowledge of them, and waives, therefore, to avail itself of any contradictory document and, in particular, its own general conditions of sale or purchase, which are unenforceable against FACTIO.
Article 2 - Services
FACTIO supports its clients in taking care of their communication needs from design to distribution:
Visual identity (design, development, etc.)
Print (artistic direction, execution, illustration, computer graphics, photography, printing, routing ...)
Digital (web design, ergonomics, responsive development, SEO consulting, newsletter, motion design, video ...)
Scenography (stand creation, space planning, signage, 3D design and production, interior architecture, etc.)
Article 3 - Duration and effective date
The duration of the services is defined in the quote or the contract.
Unless otherwise stipulated, the contract will take effect only after receipt of the estimate accepted by the CUSTOMER (estimate signed and dated with the mention "Good for agreement" by the person legally responsible as well as the commercial stamp) and payment of a deposit of 50% of the overall price mentioned in the quote.
In the absence of receipt of the signed estimate and / or payment of the deposit, no service will be started, FACTIO reserving the right to cancel the proposal.
Article 4 - Quotes and orders
By validating any order, the CUSTOMER acknowledges having verified the suitability of the service offered to its needs and having received all the necessary information and advice from FACTIO.
The services provided are only those stated in the estimate. No modification will be made after validation of the quote.
Any service not mentioned or modification requested by the CUSTOMER will be the subject of an additional estimate (changes made to the texts or to the model, etc.) and a price adjustment. Corrections beyond the number of round trips mentioned in the estimate will be invoiced according to the time spent at the hourly rate stipulated in the estimate.
In the event of cancellation of the order by the CUSTOMER, for any reason whatsoever except force majeure (cf. art. 13), the deposit paid on the order will automatically be acquired by FACTIO and may not give rise to a any refund.
Article 5 - Good for printing (BAT)
The proof, signed by the CUSTOMER (paper or email) releases FACTIO from responsibility, subject to the corrections made on the voucher and constitutes acceptance of the printing or the putting into production as is.
Any reprocessing or new production caused by anomalies or errors not reported by the CUSTOMER will be entirely the latter's responsibility.
Article 6 - Prices
The prices are those stipulated on the estimate and are valid for a period of one month from the date of issue.
They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and any transport costs applicable on the day of the order.
The price of the service cannot under any circumstances be renegotiated after completion of the service.
Article 7 - Financial conditions, regulations and terms of payment
Payment of invoices is due up to the 30th day maximum following the date of receipt of the invoice, unless there is an additional period provided for and accepted by FACTIO.
Payment is made by check or bank transfer, if applicable according to a schedule set in the special conditions of the estimate. No discount will be granted in the event of early payment.
Any sum not paid on the due date will be increased by late payment penalties calculated at the annual rate of 12% payable by operation of law, without any formalities or prior formal notice.
Pursuant to article L.441-6 of the Commercial Code, a fixed compensation for recovery costs of € 40.00, without prejudice to any other action that FACTIO would be entitled to bring against the CLIENT and at its expense for the purpose of collecting its invoices and without prejudice to other damages that may be due to it.
In accordance with article 1231-5 of the Civil Code, in the event of default by the debtor, the sums due recovered by litigation will be increased, in addition to default interest, by a fixed indemnity (penalty clause) of 15% of their amount. .
In the event of non-compliance with the payment conditions FACTIO further reserves the right to suspend the provision of the agreed services and the performance of its obligations and to cancel or reduce any discounts granted to the CUSTOMER. If the non-payment persists, the contract may be terminated under the conditions provided for in article 9 "Termination".
The CUSTOMER refrains from any right of retention or compensation.
Article 8 - Reciprocal commitments
As part of its general obligation of means, FACTIO undertakes to:
Provide all the information and documents necessary for the preparation and execution of all the missions
Accomplish and perform its services in accordance with the rules of the art of the profession.
The proof validated by the CUSTOMER (signature or validation by email) releases FACTIO from any responsibility for its entire creation.
The CUSTOMER undertakes to:
Establish detailed specifications, not modifiable, unless the parties agree.
Actively collaborate in the success of the project.
Provide all the elements necessary for the successful completion of the service on schedule.
Pay in installments and invoices within the agreed deadlines.
Inform the Service Provider of a possible competition with other service providers.
Make sure that he has all the necessary authorizations giving him the right of ownership and / or the right to use the data communicated.
Ensure that the intended use of images, photos, logos, texts, videos, models, data and elements of any kind complies with the regulations in force.
The CUSTOMER acknowledges having full knowledge of the regulations governing copyright and the Internet and will be solely responsible for the mandatory information to appear on its documents or its website and for any administrative or other authorizations to be obtained.
The CUSTOMER releases FACTIO from all liability concerning:
The relevance of the content, information or data of any kind transmitted as part of the performance of the service.
The dissemination, collection, use and updating of the above elements, for any reason whatsoever.
The loss or destruction of data that could occur during their transfer.
The CLIENT shall guarantee FACTIO against the consequences of any claim, questioning, prosecution, conviction, or procedure whatever the form, object or nature which may be brought against FACTIO and which is linked to the obligations imposed on the CUSTOMER under the contract.
In addition to this, you need to know more about it.
Article 9 - Termination
In the event of a serious breach by either party of the obligations of the contract and after formal notice by registered letter with acknowledgment of receipt remained unsuccessful after a period of 30 days from the date of receipt, the other party will have the option of automatically terminating the contract by registered letter with acknowledgment of receipt, without prejudice to any other right at its disposal.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations of the contract cannot be interpreted as a waiver of the obligation in question.
In the event of termination of the contract by the CUSTOMER, the sums paid for the services ordered cannot be reimbursed and the CUSTOMER will have to pay the sums corresponding to the services provided up to the date of taking. effect of termination and not yet paid, as well as termination compensation in an amount equal to 15% of the sums still due.
All copyrights relating to creations, and projects whatever their form, will remain the full and entire property of FACTIO.
At the end of the term or the termination of their contractual agreement, FACTIO will be automatically released from its obligations relating to the subject of their agreement on the date of termination or expiry of the latter and undertakes on first request. of the CUSTOMER to return all the documents provided by the CUSTOMER.
Article 10 - Intellectual property and transfer of property
In accordance with the provisions of the Intellectual Property Code, FACTIO remains the sole holder of the moral, perpetual and inalienable right over all its creations, whatever they may be (graphics, techniques, intellectual, etc.) which includes the following prerogatives: right of disclosure, right of authorship, right to respect for the integrity of the work, right of withdrawal and repentance.
The only economic rights explicitly stated on the invoice are assigned to the CUSTOMER, to the exclusion of any other, and within the possible limits also appearing there (type of medium, geographical or duration limits), subject to full payment of all invoices. . These rights may in particular include the right of reproduction, the right of representation, the right of modification, the right of exploitation, edition, marketing, translation for the entire period of protection of intellectual property rights.
It is specified that the projects presented but not selected remain the property of FACTIO and must imperatively be returned in their entirety (digital and paper documents).
In accordance with art. L. 122-4 of the Intellectual Property Code, any full or partial representation or reproduction made without the consent of the author or his successors in title is illegal and punishable under the laws relating to the offense of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process.
The CUSTOMER remains the holder of the rights to the elements that he himself has provided.
The CLIENT's agreement will be requested prior to the acquisition of all rights to protected elements (photos, sounds, texts, images, etc.) that may be necessary for the performance of the service and the cost of which will be re-invoiced to him.
Article 11 - Subcontracting
FACTIO may subcontract all or part of the service and will remain responsible to the CLIENT for the services provided by its subcontractors.
Article 12 - Information technology and freedoms
The CUSTOMER has the right to access, rectify, modify or delete personal data concerning him, in accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, known as the “Data Protection Act”, by sending a simple letter to the address of FACTIO.
The CUSTOMER will be responsible for any declaration to the Commission Nationale Informatique et Libertés (CNIL) relating to the use of its website.
Article 13 - Force majeure
FACTIO cannot be held liable if the non-performance or delay in the performance of one of its obligations results from a fortuitous event or force majeure. Force majeure means any external, unforeseeable and irresistible event within the meaning of article 1218 of the Civil Code. Are considered here as fortuitous event or force majeure, in addition to those usually recognized by case law: the theft or destruction of the production tool, strikes or labor disputes, natural disasters, fires, interruption of telecommunications, energy supply, or transport of any type, or any other circumstance beyond the reasonable control of FACTIO.
Article 14 - Commercial notices and references
The CUSTOMER expressly authorizes FACTIO, if it so wishes, to:
Include in the production a commercial mention specifying its contribution;
Mention its achievement for the CUSTOMER as a reference in the context of its commercial prospecting, external communication and advertising initiatives. This authorization extends more particularly to the constituent elements of the production, including without restriction the public presentation of the following content: textual content, iconographic content or both.
Article 15 - Confidentiality
All productions, even unfinished or not selected, delivered or sent to the CUSTOMER remain the property of FACTIO and cannot therefore be communicated to third parties for any reason whatsoever.
Article 16 - Severability
If one of the stipulations of the Services Contract were to be held to be null or void, the other stipulations would remain unchanged and would continue to apply as if the null or void stipulations no longer appeared in said Contract.
Article 17 - Applicable law and attribution of jurisdiction
Any dispute relating to the interpretation or execution of these GTCS is subject to French law.
In the absence of an amicable agreement, any dispute likely to arise between the Parties will fall exclusively under the jurisdiction of the Commercial Court of Meaux.
This clause applies even in the event of a warranty claim or multiple defendants.