TERMS AND CONDITIONS
These general terms and conditions are up to date as of 01082024
1. Parties to the contract
The term “Customer” hereinafter refers to any natural or legal person who has requested the services of Florence Daubiné IC for any creation within the scope of graphic design skills. The term “Third Party” refers to any natural or legal person not party to the contract. The term “Service Provider” refers to Florence Daubiné IC, micro-entrepreneur, practicing the profession of Graphic Designer under SIRET number 929 670 297 00019, residing at rue de la Pierre 44220 Couëron, reachable by telephone at 06 81 62 56 50 (not surcharged) or by e-mail at contact@florencedaubine.com.
2. General
The purpose of these general terms and conditions of sale is to define the rights and obligations of the Parties with respect to any order placed by a Customer with the Service Provider as part of its graphic design and creation services, by any means available (mail, telephone, e-mail, etc.).
The Service Provider reserves the right to modify its general terms and conditions of sale, formulas and rates at any time and without prior notice. Such changes will not affect orders in progress or purchase orders already signed.
Interruption of the Services may be requested in the event of a serious, repeated and flagrant breach by one of the Parties of its obligations under these GTS, following formal notice sent by registered letter with acknowledgement of receipt or by hand-delivered letter against receipt, to put an end to this breach within thirty (30) days of receipt of the formal notice letter.
The Customer using the services of the Service Provider acknowledges having read the Service Provider’s advisory, artistic and technical capabilities before requesting its intervention and accepts without reservation the following general terms and conditions of sale, as well as the warnings set forth in the Extract from the French law no. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) concerning authors’ rights and intellectual property laws.
Any order or signed quotation implies the Customer’s full and unreserved acceptance of these terms and conditions of sale
3. Orders
3.1 How to place an order
Orders are only valid once the Parties have signed a quotation specifying in particular:
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the definition and descriptions of the Services to be performed;
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the contact details of the Service Provider’s technical representatives;
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financial terms (price, currency, payment terms); and
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the billing address.
3.2 ObjeCt
The services to be provided are those precisely stated on the quotation, in compliance with these general terms and conditions of sale. As a corollary, it does not include anything not specified in the quotation. Any new service to be provided will be the subject of a new quotation.
3.3 Commitment of the Parties
In general, the Customer and the Service Provider undertake to cooperate actively and in a benevolent manner in order to ensure the proper performance of the contract. Each party undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures. The Service Provider undertakes to meet project design deadlines, and the Customer likewise undertakes to provide the information required to complete the project within the time allotted for the project (anticipating the round-trip correction times stipulated in the contract, as well as the project review phases).
3.4 Customer obligations
To enable the Service Provider to carry out its mission correctly and within the allotted time, the Customer undertakes to:
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Draw up the most precise specifications possible, detailing the nature and environment of the order to be carried out, and which will not be modified, except by agreement of the Parties, once it has been approved by the Service Provider.
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Provide the Service Provider with the Quotation (dated and signed),
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To supply all documentary, graphic and textual elements required for the proper execution of the contract, (in the formats requested by the Service Provider for optimal execution and quality of the chosen medium) and all legal information to be added to the documents. The Customer assumes responsibility for providing the content of the documents he/she edits. The Customer undertakes to inform the Service Provider of any change in the data supplied. The Customer shall be solely responsible for any malfunctions or errors that may result from erroneous information transmitted via the Service Provider.
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Be the owner of the necessary intellectual property rights relating to all of the above elements transmitted to the Service Provider (logo, acronym, images, videos, texts and other media). The search for anteriority of names and creations is the responsibility of the Customer. The Client alone may be held liable in this respect.
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Likewise, all access data (logins, passwords and other information) required to carry out the work described in the Quotation must be provided by the Customer in digital format.
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Actively collaborate in the success of the project by providing the Service Provider with all documents and information necessary for the proper understanding of requirements and the proper execution of the service, in a timely manner. In addition, and in the interests of smooth communication, the Customer must maintain a valid e-mail address, telephone number and postal address
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To accept the technical and creative recommendations made by the Service Provider, or to choose the most suitable proposal where applicable
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To act as guarantor for the Service Provider against any action that may be brought against it due to the nature of the data or information (texts, images, sounds) supplied or chosen by the Customer.
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To pay all sums due to the Service Provider within the agreed deadlines.
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Inform the Service Provider of any competition with other Service Providers.
3.5 The Service Provider’s obligations
If necessary, and in order to ensure a smooth understanding with the Customer, 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 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 keep the Customer regularly and effectively informed of the progress of the project. A system of feedback and Customer validation will be set up as part of the contract.
4. Estimate and start of work
The contractual documents are:
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the Quotation drawn up by the Service Provider (the “Quotation”) relating to the performance of various services on behalf of the Customer (the “Service(s)”); and
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these General Terms and Conditions.
All the aforementioned documents together form the contract binding the Parties.
In the event of contradiction between one or more stipulations in one of the above documents, the higher-level document will prevail.
The quotation signed by the customer, together with the General Terms and Conditions, constitutes acceptance of the latter and acts as an order form. The quotation signed by the customer, together with the General Terms and Conditions, on which the words “Bon pour Accord” (Good for Agreement) appear, constitute acceptance of the latter and act as an order form.
Quotations issued by the Service Provider are valid for one month from the date of issue. The Customer unreservedly accepts that the Service Provider may change, at any time and without prior notice, the technician or service provider who is to provide the Services, notwithstanding the indication of a specific technician in the Quotation.
From the date of signature of the Quotation, the Customer must pay a deposit of 40% of the total price of the work to be carried out, as a condition for initiating the order, for any amount in excess of €200.
Work will begin when all documents (signed Quotation and General Terms and Conditions, 40% of the total amount paid where applicable) and graphic, typographic and textual documentation required for the proper performance of the contract are available to the Service Provider.
5. Rates
The prices shown on the Quotation are valid for one month from the date of issue.
The prices stipulated in the Quotation remain firm and non-revisable if the order is placed within the period specified in the Quotation. Excluding this condition, the Service Provider reserves the right to modify its prices at any time.
Any request for services not included in the quotation will be subject to an additional quotation free of charge.
As a micro-enterprise, Florence Daubiné IC is not liable for VAT.
Subject to the agreement of the Service Provider, an additional emergency fee (a surcharge of 100% of the hourly rate) will be invoiced for services carried out at the Customer’s request on Saturdays, Sundays, public holidays, or at night (i.e. between 6 p.m. and 9 a.m. the following morning), or in the event that the order is processed in priority to other orders being carried out by the Service Provider.
6. Billing and Payment
In the event of non-compliance with the above terms of payment, the Service Provider also reserves the right to suspend or cancel the supply of the Services ordered by the Customer, and to reduce and/or cancel any discounts granted to the Customer.
Except with the express prior written agreement of the Service Provider, and provided that reciprocal receivables and debts are certain, liquid and due, the Customer may not validly set off any penalties for late supply of the Services ordered or non-compliance with the order against the sums owed by the Customer to the Service Provider in respect of the order for said Services, whether covered by the same order or a different order.
6.1 DEPOSIT and order cancellation by the customer
In the event of the project being put on hold by the customer, and as from a delay of more than 2 months in relation to the schedule initially set, the Service Provider reserves the right to revise its price by up to 15% in relation to the price indicated in the original quotation, in order to guarantee the continuation of the assignment.
In the event of early termination of the contract by the Customer, the latter formally undertakes to regularize and remunerate the amounts relating to the progress of the project, the tasks completed or in progress, and the additional services performed.
All copyrights remain the exclusive property of the Service Provider, Florence Daubiné IC, with the exception of data supplied by the Customer. Source files and data created and used by the Service Provider may not be claimed by the Customer without financial consideration. Mock-ups, and more generally all original works, remain the property of the Service Provider, as do rejected projects.
The deposit already paid shall be retained by the Service Provider as compensation for work undertaken but not completed.
In the event of breach of contract by the Customer prior to the commencement of the service, the Customer formally undertakes to pay the deposit. Under no circumstances may the Customer request reimbursement of the deposit or of any other payment already made and collected.
6.2 Additional costs
The technical costs and miscellaneous items required to carry out the Service Provider’s services and not covered by its offers are not included in the prices indicated on the Quotation initially presented to the Customer. These include, for example, typographic fonts, the purchase of art (photographs or illustrations from image banks), engraving, printing or shipping costs, Internet hosting, etc. These services may be subject to a free quote.
These services may be the subject of an additional free estimate, or will be paid directly by the customer to the supplier or external service provider.
In the event of modifications, additions or deletions of data requested by the customer during the course of the project involving substantial reworking of the initial specifications (author’s corrections), or generating additional work, these will be invoiced in addition to the initial quotation.
Amounts corresponding to work already carried out by the Service Provider are due and payable immediately by the Customer.
The order process follows a step-by-step procedure (cf. paragraph Terms of execution). Any step validated by the Customer may not subsequently be contested or revised by the latter. The Service Provider reserves the right to invoice any revisions requested by the customer after the initial validation.
7. Modification(s) to the service(s)
The Parties agree that the Customer may submit a request for modification of the Service(s) ordered to the Service Provider.
Requests for modifications shall be notified in writing to the Service Provider, who shall send the Customer a technical and financial proposal within fifteen (15) days of said notification. The Service Provider may in no case be held responsible for the impact of the requested modifications and their consequences.
If, within thirty (30) days of receipt of the technical and financial proposal from the Service Provider, the Parties have not reached agreement on the said modifications, the Customer may then request the Service Provider to discontinue the Service(s) ordered. The Customer will then bear all costs incurred and will be obliged to pay for the entirety of the Service(s) specified in the Quotation, in accordance with the payment terms indicated on the Quotation.
Under no circumstances may the Customer request a refund of the deposit or any other payment already made and collected.
8. Cancellation of service(s)
The Parties agree that the Customer may submit a cancellation request for the Service(s) ordered to the Service Provider.
The cancellation request will be notified to the Service Provider in writing. The Service Provider shall in no event be held liable for the consequences of such cancellation.
The Customer will then bear the costs incurred and will be obliged to pay proportionally 70% of the amount remaining to be paid for the Service(s) of the Quotation, according to the payment terms indicated on the Quotation.
Under no circumstances may the Customer request reimbursement of the deposit or any other payment already made and/or collected.
9. Work validation
After the project creation phase, the Customer undertakes to send the Service Provider explicit validation (by e-mail or letter, dated and signed). It is agreed between the two Parties that the consideration of modification requests made by other means, in particular orally, is left to the discretion of the Service Provider.
In the absence of validation or a request for modification of the mock-ups by the Customer within a period of fifteen days, they will be considered as validated by both Parties. Tacitly validated work will be delivered in due form by the Service Provider. This implies that the sums corresponding to this work are due.
There are numerous means and software for visualizing mock-ups, and they do not all meet the same standards. As a result, the Service Provider cannot be held responsible for any differences between various computer visualizations, or even with the final result of the printed products. Color reproduction cannot be guaranteed to be identical between computer tools and the printer’s production line. The colors visible on a screen (of any kind) are not contractual and will in no case be those rendered on the various supports offered (the same applies to prints made on a printer).
10. Terms of delivery
The deliverables defined in the initial specifications are sent to the address indicated by the Customer and addressed to the project manager. The Service Provider undertakes to deliver the deliverables as soon as possible, in accordance with the planned schedule and subject to the Customer’s compliance with all the conditions described in the paragraph entitled “The Customer’s obligations”.
11. Performance dates and deadlines
The Services ordered by the Customer will be provided within the time and on the dates indicated in the Quotation.
The Service Provider is available to respond to the Customer’s requests relating to the Services included in the Quotation from Monday to Friday from 9am to 6pm (French time), excluding public holidays or days off previously notified to the Customer by e-mail (minimum 24 hours in advance).
The Service Provider undertakes to examine and provide feedback on the Customer’s requests relating to the Services included in the Quotation within ten (10) working days by e-mail, excluding public holidays or days of leave previously notified to the Customer by e-mail (minimum 24 hours in advance).
The Service Provider shall not be held liable for any delay or suspension in the provision of the Services attributable in whole or in part to the Customer.
The Service Provider shall not be held liable in the event of non-compliance with the deadlines requested by the Customer or for any delay in the performance of the Services included in the Quotation.
The Service Provider shall not be held liable for any technical incident or interruption of access to the Customer’s site concerned by the Services included in the Quotation.
12. Terms and conditions of service
The service includes everything explicitly listed in the Quotation. As a corollary, it does not include anything that is not explicitly stated in this same field. Any new work to be carried out will be the subject of a new Quotation.
The completion deadline and start date are those indicated on the Quotation.
To ensure competitive rates and quality workmanship, the order process follows a step-by-step procedure:
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Contact and joint preparation of specifications;
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Validation of the quotation, acceptance of the general sales conditions and confirmation of the specifications;
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A deposit of 40% of the total order amount (for all orders over €200) is invoiced, as a condition for starting the assignment;
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Validation of creative directions;
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Validation of final products;
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Supply of deliverables;
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Invoicing or balance of order to be settled at the end of the assignment, on receipt of invoice.
Touch-ups constitute a minimal modification of the design for a maximum of two (2) touch-up cycles. For any other request for a quotation, or for additional retouching beyond the number indicated on the Quotation, or for more extensive retouching, a Quotation will be drawn up by the Service Provider in accordance with the Customer’s written request. The Service Provider is the sole judge of the extent of the alterations.
13. Obligation of means
The Service Provider can only be subject to an obligation of means and not of result. The Service Provider undertakes to ensure that his work complies with the requirements stipulated in the quotation, provided that no technical constraint compromises the work ordered and that the specifications transmitted by the customer are clear and precise.
Once the deliverable has been validated by the Customer, the Service Provider cannot be held responsible for any aspects deemed non-compliant by the Customer, in terms of content, graphic form, print rendering, website rendering, etc.
14. Inability to work
In the event of incapacity for work due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Customer being entitled to claim compensation. In return, and out of fairness to the Customer, the Service Provider is obliged to notify the Customer from the first working day of his incapacity.
15. Force majeure
In the event of force majeure, the Parties shall not be held responsible or liable for any breach of their contractual obligations. The contract between the two parties is suspended until the causes of the force majeure have ceased to exist.
Force majeure takes into account facts or circumstances that are external to the Parties, unforeseeable and beyond their control. The following are also considered to be cases of force majeure: blockage of means of transport or supplies, strikes, requirements of public authorities, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks, and in particular 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) working days of becoming aware of the situation. The two Parties will then agree on the conditions and deadlines under which performance of the contract will continue.
16. Privacy
For the purposes hereof, the term “Confidential Information(s)” shall include any information or documents disclosed by either Party to the other Party, whether in writing or orally, and including without limitation any written or printed documents, design models, trade secrets, know-how, financial or commercial documents, calculation models and results, or more generally any means of disclosure of Confidential Information that may be chosen by either Party with respect to the other Party.
However, the term “Confidential Information(s)” does not include information:
(i) which is, or will be at the time of disclosure, publicly available and known other than as a result of disclosure in breach of these provisions;
(ii) which has been or will be communicated to one of the Parties by a Third Party which is neither directly nor indirectly related to the other Party or one of its representatives;
(iii) which have been developed by one of the Parties on the basis of information other than Confidential Information; or
(iv) disclosed or announced to the public by mutual agreement between the Parties.
Throughout the performance of the Services and for a period defined with the Customer in writing from the date of completion of the Services, the Parties undertake not to disclose the Confidential Information in any manner whatsoever, including verbally, without the prior written consent of the other Party, and they undertake to:
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to protect and keep strictly confidential, and to treat with the same degree of care and protection as it treats its own confidential information of equal importance, any Confidential Information received from the other Party;
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not to disclose such information internally except to its employees or subcontractors, and then only when necessary for the proper performance of the present contract;
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not to copy, reproduce or duplicate, in whole or in part, where such copies, reproductions or duplications have not been authorized by the other Party. Specifically, all Confidential Information and reproductions thereof, transmitted by each Party to the other Party, must be returned to the latter immediately upon request.
In the event that the legal or regulatory obligations of one of the Parties, in particular following a request from a judicial or administrative authority, or within the framework of regulations applicable to it, require it to communicate Confidential Information to a Third Party or to make it public, this Party will be authorized to do so.
Each of the Parties, without prejudice to the provisions of the present article, may communicate, on any medium and by any means (including by using the logo or trademark of the other Party), on the mere existence of their commercial relations without in any way whatsoever prejudicing the image of the other Party, or disclosing any confidential information.
17. Personal data management
The Customer is informed of the regulations concerning marketing communications, Law No. 2004-575 of June 21, 2014 for confidence in the Digital Economy as well as the General Data Protection Regulation (RGPD: No. 2021-915).
17.1 Persons responsible for the collection of personal data
For Personal Data collected in the context of commercial services, for contractual and accounting obligations in the context of the Service Provider’s activities and for order tracking, the person responsible for processing Personal Data is: Florence Daubiné IC.
As the party responsible for processing the data it collects, Florence Daubiné IC undertakes to comply with the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its prospects and customers, once their consent has been obtained, with complete information on the processing of their personal data and to maintain an accurate data processing register.
Whenever Florence Daubiné IC processes Personal Data, Florence Daubiné IC takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Florence Daubiné IC processes it.
17.2 Purpose of the data collected
Florence Daubiné IC may process all or part of the data :
to enable browsing on the Site and the management and traceability of services ordered by the Customer and Prospect: Site connection and usage data, billing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed), etc.
to improve navigation on the https://www.florencedaubine.com site: connection and usage data
to conduct optional satisfaction surveys: e-mail address
for communication campaigns (sms, e-mail): telephone number, e-mail address.
Florence Daubiné IC does not sell your personal data, which is only used for statistical and analysis purposes.
17.3 Right of access, rectification and opposition
In accordance with current European regulations, the customer has the following rights:
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the right to access, rectify, update and complete customer data
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the right to block or delete personal data that is inaccurate, incomplete, equivocal, out-of-date, or whose collection, use, communication or storage is prohibited
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the right to withdraw consent at any time
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the right to limit the processing of customer data
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the right to object to the processing of customer data
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the right to portability of data supplied by the customer, where such data is processed automatically with the customer’s consent or on the basis of a contract
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the right to define the fate of the customer’s data after his/her death and to choose to whom Florence Daubiné IC shall communicate (or not) his/her data to a third party previously designated by him/her.
As soon as Florence Daubiné IC becomes aware of a customer’s death, and in the absence of instructions from the customer, Florence Daubiné IC undertakes to destroy the customer’s data, unless it needs to be kept for evidentiary purposes or to comply with a legal obligation.
If the Customer wishes to know how Florence Daubiné IC uses his/her Personal Data, ask to rectify them or oppose their processing, the Customer may contact Florence Daubiné IC in writing at the following address:
Florence Daubiné 67 rue de la pierre 44220 Couëron, France.
In this case, the Customer must indicate the Personal Data he would like Florence Daubiné IC to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on Florence Daubiné IC by law, in particular as regards the conservation or archiving of documents. Finally, the Customer may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
17.4 Non-disclosure of personal data
Florence Daubiné IC will not process, host or transfer the Information collected on its Customers to a country recognized as “non-adequate” by the European Commission without first informing the Customer. For all that, Florence Daubiné IC remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2021-915).
Florence Daubiné IC undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if Florence Daubiné IC becomes aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it must inform the Customer as soon as possible and inform him of the corrective measures taken. Moreover, Florence Daubiné IC does not collect any “sensitive data”.
The Customer’s Personal Data may be processed by Florence Daubiné IC subsidiaries and subcontractors (service providers).
Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to customer data are our customer service agents.
17.5 Types of data collected
As part of its activities, Florence Daubiné IC collects the following data, which are essential to the operation of the service, and which will be kept for contractual and accounting obligations, mainly after the contractual relationship has ended: Name, first name, address, telephone number, e-mail address.
17.6. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. The Service Provider cannot therefore guarantee absolute security. Should Florence Daubiné IC become aware of a security breach, it will notify the customers concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. Florence Daubiné IC undertakes to keep its customers fully informed of all matters relating to the security of their account, and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information is published without the customer’s knowledge, nor is it exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of Florence Daubiné IC and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the customers.
Safety
To ensure the security and confidentiality of Personal Data, Florence Daubiné IC uses networks protected by standard devices such as firewalls and passwords.
When processing Personal Data, Florence Daubiné IC takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration or destruction.
18. Ownership of work carried out
All creations, production/design and related rights, which are the subject of the order, remain the full and exclusive property of the Service Provider until all invoices issued have been paid in full by the Customer.
As a corollary, the Customer shall become the de facto owner of the production and the rights assigned as of final payment, clearing all invoices issued by the Service Provider in connection with the order.
Unless otherwise specified in the Quotation, production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Customer. The author is not obliged to make the source files available to the Customer, 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 Customer wishes to have the source documents, an amendment to the Service Provider’s general terms and conditions of sale must be requested. The work carried out by the Service Provider, in particular preliminary studies, remains confidential and may under no circumstances be passed on by the Customer to a third party without prior agreement.
18.1 Disposal principle
In accordance with the French Intellectual Property Code (articles L. 121-1 to L. 121-9), we remind you that the moral rights of a creation (including, among other things, the right to respect for the work and the right to respect for the author’s name) are perpetual and imprescriptible. In fact, only the economic rights explicitly stated on the present order will be transferred to the Customer, to the exclusion of any other, and this within the limits, if any, also stated therein (limits of medium, territory or duration). Any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title is unlawful and punishable under the laws governing counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever (article L. 122-4 of the CPI).
Unless otherwise specified in the quotation, the contract is concluded intuitu personae, for the sole benefit of the co-contractor, who may not retrocede the rights acquired.
18.2 Right to reproduce and distribute the work
Reproduction and distribution rights are calculated according to the distribution of the creation. These rights may be assigned on a lump-sum or partial basis. Each adaptation different from the original work is subject to a new assignment of copyright. For each new edition, the amount of royalties must be recalculated.
In order to enable the Client to freely exploit the service provided within the framework of its business, all economic rights relating to the Service Provider’s creation in respect of the project will be entirely but not exclusively assigned to the Client, for distribution on the media specifically addressed at the time of the order, upon effective payment of the full fees due, and for a period defined in agreement with the Client and clearly specified on the quotation.
18.3. Commercial notice and copyright
The Service Provider reserves the right to include a commercial statement clearly indicating its contribution, unless the Customer explicitly states otherwise. The wording may differ, but will include the Service Provider’s name and, where the medium permits, a hypertext link to the Service Provider’s website. The Customer undertakes not to object to this, and never to delete this information.
18.4 Advertising rights
The Service Provider reserves the right to make public mention of the work carried out for the Customer and to present the project as a reference in its business prospecting, external communication and advertising activities. The customer company undertakes never to object to this.
18.5 Minimum loss
In the event of failure to comply with article 18, the Service Provider may claim a lump sum of €2,000 in damages, should the contractual obligation not be fulfilled (civil law, governed by article 1231-5 of the French Civil Code).
19. Miscellaneous provisions
19.1 DIVISIBILITy
If any provision of these GTS is found to be invalid or unenforceable, for any reason whatsoever, by a court of competent jurisdiction, the validity of the remaining provisions of these GTS shall not in any way be affected or impaired and the Parties shall negotiate in good faith to replace the disputed provision with a provision having the same economic effect as the original provision.
19.2 Subcontracting
The Parties agree that the Service Provider may call upon any subcontractor of its choice to perform the Services, without prior notice to the Customer.
19.3 Non-exclusive
The Contract is in no way exclusive and does not prevent the Service Provider from entering into other contracts, sales or agreements with other natural or legal persons for the purpose of providing services similar to those provided for in the Quotation and on terms that it shall be free to determine.
20. Disputes
The contract is subject to French law. Any claims or disputes that may arise from the interpretation and/or execution of the present GTCS or in relation to the present GTCS will always be received with attentive benevolence. In the event of a dispute, the customer should first contact Florence Daubiné IC for an amicable solution.
In the event of a dispute, the rules of the Code of Civil Procedure will apply and the parties agree to submit their claim to the exclusive jurisdiction of the Commercial Court of Nantes, France.