TERMS OF SALES

The customer calling on Stéphane Gabrielli acknowledges having read and accepted without reservation the General Conditions of Sale. He will have to affix during the acceptance of the estimate, his signature preceded by the mention “Good for agreement” at the bottom of the estimate. 

1 – PARTS OF THE CONTRACT

The term “Client” designates any legal or natural person, having required the skills of Stéphane Gabrielli for any creation within the framework of graphic design skills. The term "Provider" refers to Stéphane Gabrielli.

2 – PURPOSE OF THE CONTRACT

3 – CUSTOMER RESPONSIBILITY

4 – COMMITMENT OF THE PARTIES

a/ The Customer

To enable the Service Provider to carry out its mission, the Client undertakes to:

Draw up detailed specifications which will not undergo any further modification, except with the agreement of the parties, after having been approved by the service provider. In the event that modifications would involve a substantial reworking of the initial specifications, these will be invoiced in addition to the initial estimate.

Give the Service Provider the order form/quote (dated, signed and stamped)
Provide all the documentary, graphic and textual elements necessary for the proper performance of the contract, (in particular in the correct usable formats depending on the media targeted) the client undertakes to provide all the legal information to be added in the documents and accepts responsibility to provide the content of the documents it publishes.

Have the necessary rights to the elements provided above. Only the responsibility of the sponsor 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 performance 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 due to the nature of the data or information (texts, images, sounds) that may have been provided or chosen by the Client.

Settle the sums due to the Service Provider within the specific deadlines.

Inform the Service Provider of any competition with other service providers.

b/ 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 with the rights of third parties, employees or not 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.

For the purposes of confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, the Service Provider undertakes to keep strictly confidential all information and documents of any kind whatsoever relating to the Client, to which he could have had access in particular in the context of the execution of this mission.

5 – ATTACHED COSTS

The miscellaneous elements that may be necessary for the performance of the Service Provider's services and not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks. Are to be invoiced in addition: the modifications requested by the customer during the realization, if they imply a rehandling of the project (author's corrections). The textual content allowing the realization of the product must be provided by the Customer. Travel necessary for the proper performance of the contract may also be invoiced to the Customer.

6 – ORDER FORM AND BEGINNING OF WORK

The estimate and the GTC (General Conditions of Sale) signed by the Customer are exclusively valid together for acceptance of the latter and act as an order form. This must be accompanied by the payment of 30% of the overall price of the services to be provided. The work will begin when all the documents (estimate and GTC signed, 30% of the total amount paid) and graphic and textual documentary elements necessary for the proper performance of the contract, will be available to the Service Provider.

7 – INVOICE AND PAYMENT

Unless an additional payment period has been clearly agreed, payment of the invoice is due on the date of delivery or at most 30 days after its issue (C. Com. art L. 441-6, al. 2 modified from the law of May 15, 2001). Payment is made by bank transfer, payment processor (eg PayPal, Stripe), or check payable to Stéphane Gabrielli. 

8 – DEPOSIT AND CANCELLATION

In the event of termination of the contract before its term by the Customer, the latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, to the posts carried out or in progress, as well as to the additional services carried out. All copyrights remain the exclusive and entire property of the Service Provider, with the exception of the data provided by the Client. 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 the original works, remain the property of the Service Provider, as well as the rejected projects. The deposit already paid will be retained by the Service Provider, constituting compensation for the work undertaken.

9 – FORCE MAJEURE

The parties cannot be held responsible or have failed in their contractual obligations, when the failure to perform the respective obligations originates from force majeure; the contract between the parties is suspended until the extinction of the causes having generated the force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonably possible efforts to prevent them. Are also considered as cases of force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by the force majeure shall notify the other within five working days following the date on which it becomes aware of it. The two 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 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 Lyon, to which they expressly assign jurisdiction.

11 – PROPERTIES OF THE WORK PERFORMED

All of the production and related rights, subject of the order, remain the sole and exclusive property of the Service Provider as long as the invoices issued are not paid in full by the Customer, up to the total amount of the order and any amendments concluded during the service. In accordance with the CPI (articles L.121-1 to L.121-9) will only be transferred to the customer for the work described the economic rights explicitly stated in the conditions of transfer, to the exclusion of any other, and this in the limits also appear there. It is recalled that the moral right of a creation (including the right to respect for the work and the right to respect for the name) remains attached to its author in a perpetual and imprescriptible manner. 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 relating to the offense 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). All of the production and related rights, subject of this order, remain the full and exclusive property of Stéphane Gabrielli as long as the invoices issued by Stéphane Gabrielli are not paid in full by the client company, up to the total amount of the order and any amendments concluded during the service. As a corollary, the client company will become the de facto owner of the rights transferred from the final payment and settlement of all invoices issued by Stéphane Gabrielli within the framework of the order. As a corollary, the Customer will become the de facto owner of the production and the rights transferred from the final payment and settlement of all invoices issued by the Service Provider within the framework of the order. Unless otherwise stated on the estimate, 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 mention and if the Client wishes to have the sources of the documents, an amendment to this document must be requested.

12 – RESPONSIBILITY

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

13 – COPYRIGHT AND COMMERCIAL NOTICES

Unless expressly stated otherwise by the Client, the Service Provider reserves the right to include in the production a commercial statement clearly indicating its contribution, such as the formula "Graphic creation by Stéphane Gabrielli" accompanied, when the medium allows it, by a hypertext link pointing to the commercial site of his activity (StephaneGabrielli.com)

14 – RIGHT OF PUBLICITY

The Service Provider reserves the right to mention the achievements made for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting canvasses.