conditions générales de vente

Parties to the contract

The term “Client” designates any legal or natural person, having required the skills of Site-Webdesign within the framework of the company’s skills.

The term “Third Party” means any natural or legal person not party to the contract. The term “Service Provider” means Gilles NANNI or the online agency Site-Webdesign.

1-Generalities

The purpose of these 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 as part of its commercial activity of graphic and web creation and design. The Service Provider reserves the right to modify its general terms and conditions of sale, its formulas and its prices at any time and without notice. These modifications will have no impact on current orders. If the Customer is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides.
The Client using the services of Gilles NANNI /Site-Webdesign acknowledges having read and accepted without reservation the following general conditions of sale, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) of authors' rights concerning intellectual property laws. To do so, the Client affixes his signature when ordering.

2 – Customer responsibility

The Client undertakes to provide accurate and sincere information and undertakes to notify the Service Provider of any changes concerning the data provided and will be solely responsible for any malfunctions which could result from incorrect information.
Customer must maintain a valid email address and postal address

3 – Commitment of the parties

D’une façon générale, le Client et le Prestataire s’engagent à collaborer activement afin d’assurer  la bonne exécution du contrat.
Chacun s’engage à communiquer toutes les difficultés dont il aurait connaissance  au fur et à mesure dans l’avancement du projet, pour permettre à l’autre partie de prendre les mesures nécessaires.

3.1- Le Client

To enable the Service Provider to carry out its mission, the Client undertakes to:
– Establish a detailed specification that will not be subject to any further modification, unless agreed by the parties, after having been approved by the service provider. In the event that modifications involve a substantial reworking of the initial specification, these will be invoiced in addition to the initial estimate.
– Provide the Service Provider with the purchase order/quote (dated, signed and stamped)
– Provide all documentary, graphic and textual elements necessary for the proper execution of the contract (in particular in the correct formats that can be used depending on the media in question) the client undertakes to provide all legal information to be added to the documents and assumes responsibility for providing the content of the documents that it publishes.
– Have the necessary rights to the elements provided above. Only the sponsor may be held liable in this regard.
– Actively collaborate in the success of the project by providing the Service Provider, within the appropriate timeframe, with all the information and documents necessary for a proper understanding of 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 which could be brought against it due to the nature of the data or information (texts, images, sounds) which may have been provided or chosen by the Client.
– Pay the amounts owed to the Service Provider within the specified time limits.
– Inform the Service Provider of any possible competition with other service providers.

3.2- The Service Provider

– If necessary, the Service Provider may intervene in the development of the specifications, jointly with the Client.
– The Service Provider guarantees that the creations are legally available and are not encumbered by the rights of third parties, whether or not they are employees of the service provider, for the uses provided for under the contract.
– The Service Provider undertakes to regularly and effectively inform the Client of the progress of the project, in particular through validations submitted to the Client.
– Under the confidentiality heading and for the entire duration of these terms and even after their termination for any reason whatsoever, the Service Provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the Client, to which it may have had access in the context in particular of the execution of this mission.

4 – Additional costs

The various elements that may be necessary for the performance of the Service Provider's services and that are not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks.
The following are to be invoiced in addition: modifications requested by the client during the project, if they involve a reworking of the project (author's corrections).
Le contenu textuel permettant la réalisation du produit doit être fourni par le Client.
Les déplacements nécessaires à la bonne réalisation du contrat peuvent également être facturés au Client.

5 – Purchase order and start of work

The quote and the T&Cs (general terms and conditions of sale) are validated by the Customer once the quote has been signed and are valid exclusively together for acceptance of the latter and act as a purchase order.
This must be accompanied by the payment of 100% of the total price of the services to be provided.
A 4-part payment solution can be established according to the PayPal payment conditions, and depending on the acceptance of the Client's bank.
Work begins when all documents (signed estimate, 100% of the total amount paid) and graphic and textual documentary elements necessary for the proper execution of the contract, are available to the Service Provider.

6 – Validations

After the project creation phase(s), the Client undertakes to transmit its validations to the Service Provider in a clear and explicit manner by sending an email or a dated and signed letter.
In the absence of validation or a request for modification of the models by the client within one week, these 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.

7 – Invoice and Payment

A clearly granted additional payment period may defer payment of the invoice, which is due on the delivery date or at most 10 days after issue. Payment is made by bank transfer or in cash.
In the event of delay, penalties will be payable without a reminder being necessary in accordance with the law.
These penalties amount to 20% of the total invoice amount per day of delay.
In the event of non-payment, all recovery costs shall be borne by the Customer.

8 – Deposit and cancellation of order

In the event of termination of the contract before its term by the Client, to the extent that the Client has paid for the overall service in full, a pro rata is established to cover the costs and time spent on the production of the service carried out up to that point by the Service Provider. The Client formally undertakes to regularize and pay the amounts relating to the current schedule excluding the overall service previously defined, to the items completed or in progress, as well as to the additional services performed.
All copyrights remain the exclusive and entire property of the Service Provider.
The source files and data created and used by the Service Provider cannot therefore be claimed by the Client without a financial contribution. The models, and more broadly, all original works, remain the property of the Service Provider, as do rejected projects.
The deposit already paid remains acquired by the Service Provider, constituting compensation for the work undertaken.

9 – Incapacity to work

In the event of incapacity to work, due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Client being able to demand the payment of compensation.
It is accepted that the Service Provider must notify the Client of its incapacity from the first working day.

10 – Reimbursement

Upon completion of the first payment (50% deposit or full payment), the customer waives his rights to reimbursement and withdrawal.
Only the service provider can decide on a refund in the event of inability to continue the work and in cases of force majeure.

11 – Force majeure

The parties cannot be considered liable or in breach of 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 giving 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.
Also considered as cases of force majeure are the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties.
The party affected by the force majeure will notify the other within five (5) working days following the date on which it becomes aware of it.
The two parties then agree on the conditions under which the execution of the contract is continued.

12 – Dispute resolution

The contract is subject to French law.
Any dispute or litigation relating to 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 Nice, to which they expressly attribute jurisdiction.

13 – Obligation of results

Advertising and graphics are fields that do not necessarily guarantee a satisfactory result and a return on investment.
The client is aware of the important part given to the consumer's appreciation in a service, the company Site-Webdesign cannot be held responsible if the advertising or the service provided does not achieve the objectives sought by the client.

14 – Properties of the work carried out

All production and related rights, subject to the order, remain the full and exclusive property of the Service Provider until the invoices issued are paid in full by the Client, at the value of the total amount of the order and any amendments concluded during the service.
As a corollary, the Client becomes the de facto owner of the production and the rights transferred upon final payment and settlement of all invoices issued by the Service Provider within the framework of the order.
Unless otherwise stated in the quote, 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 Client wishes to have the sources of the documents, an amendment to this document must be requested.

15 – Principles of transfer

The reproduction and republication of the Provider's creations are subject to the collection of copyright royalties according to the law of March 11, 1957. The transfer of these rights only concerns the use specifically provided for.
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 cannot be deleted without the agreement of the Service Provider.
An idea proposed by the Client does not, in itself, constitute a creation.

16 – Reproduction and distribution rights

Reproduction and distribution rights are calculated based on the distribution of the creation.
They may be transferred as a lump sum or in part. Each different adaptation of the original work is the subject of a new transfer of copyright.
For each new edition, the amount of royalties must be updated.
The rights are assigned within the time and geographical scope of this contract and may not exceed this limit.
Pour permettre au commanditaire d’exploiter librement la prestation fournie dans le cadre de son activité, l’ensemble des droits patrimoniaux relatifs à la création du prestataire, au titre du projet sont entièrement et exclusivement cédés au commanditaire, et ce pour la diffusion sur les supports spécifiquement adressés lors de la commande, lors du paiement effectif de l’intégralité des honoraires dus.

17 – Copyright and commercial notice

Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the production a commercial mention clearly indicating its contribution, such as the phrase “Website Creation-Webdesign – Online communication agency” accompanied, when the medium allows, by a hyperlink pointing to the commercial site of its activity (www.site-webdesign.fr)

18 – Right of publicity and image rights.

The Service Provider reserves the right to mention the work carried out for the Client on its external communication and advertising documents (website, signs, etc.) and during commercial prospecting approaches.
The client therefore assigns his image rights for the distribution and exploitation of his creations, photos, videos and graphics, without financial compensation.

Site-Webdesign agrees, however, not to distribute the creations and to respect the image rights of its client if the latter specifies upon payment his wish not to distribute the creations as well as his image.