1 - Parties to the contract 

The term "Customer" refers to any natural or legal person who has requested the skills of Clovis Moyen (artist name El Domo), for any creation within the scope of graphic design skills. The term "Third Party" refers to any individual or legal entity not party to the contract. The term "Service Provider" refers to Clovis Moyen, artist, designer and sculptor. 

2 - General terms and conditions 

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in connection with the sale of products produced by the Service Provider for its Customers as part of its graphic design and creation business. The Service Provider reserves the right to modify its general sales conditions, formulas and prices at any time and without prior notice. These modifications will have no effect on orders in progress. If the Customer is an individual, he/she acknowledges that he/she is of legal age in accordance with the laws of the country in which he/she resides. 

3 - Customer responsibility 

The Customer undertakes to provide accurate and truthful information and to notify the Service Provider of any change in 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 address and postal address. 

4 - Commitments of the parties

In general, the Customer and the Service Provider undertake to cooperate actively in order to achieve the following 

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. 

4.a - The Customer 

The Customer undertakes to : 

- Draw up detailed specifications which will not be modified, except by agreement of the parties, once approved by the Service Provider. 

- Provide the Service Provider with this order form/quotation (dated and signed). 

- Provide all the elements necessary for the proper execution of the contract. The customer undertakes to provide all the legal information to be included in the documents, and assumes responsibility for the content of the documents he/she publishes. 

- Have the necessary rights to the elements supplied. Only the sponsor may be held liable in this respect. 

- To collaborate actively in the success of the project by providing the Service Provider with all the information and documents required for the proper understanding of needs and the proper execution of services, in a timely manner. 

- Strictly comply with the technical and creative recommendations made by the Service Provider. 

- To pay all sums due to the Service Provider within the specified deadlines. 

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

4.b - The Service Provider 

The Service Provider undertakes to : 

- The Service Provider may, if necessary, be involved in drawing up the specifications, in conjunction 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 keep the Customer regularly and effectively informed of the progress of the project, in particular by means of validations submitted to the Customer. 

- With regard to confidentiality, 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 course of carrying out the present assignment, throughout the duration of the present agreement and even after its termination for any reason whatsoever. 

5 - Additional costs 

Any miscellaneous items that may be necessary for the performance of the Service Provider's services and that are not included in its offers are not included in the prices indicated. These include, for example, the necessary intervention of workers or craftsmen complementary to the project, such as cabinet-makers or joiners for the insertion of pieces of wood, or electricians for the addition of lights inside or around the work. The following are also invoiced: modifications requested by the customer during the course of production, if they involve reworking the project (author's corrections). The textual content required to produce the product must be supplied by the customer. The Customer may also be invoiced for travel, accommodation, shipment of materials and, if necessary, hire of a means of transport required for the proper performance of the contract. 

6 - Preparatory drawings, order form and start of work 

Preparatory drawings relating to the design are invoiced before work begins on them, the price of which varies according to the number of creations requested and includes a maximum number of three return trips per drawing; additional charges may apply beyond this number. The designs resulting from these drawings are the exclusive and entire property of the Service Provider, and the creations appearing therein may not be constructed or created by others without the latter's consent.  

The quotation and the GCS (general terms and conditions of sale) signed by the Customer are deemed to be accepted exclusively together, and serve as an order form. This must be accompanied by payment of 30% of the total price of the services to be provided. Work will commence when all documents (signed quotation and general terms and conditions of sale, 30% of the total amount paid) and graphic and textual documentation required for the proper performance of the contract are available to the Service Provider. 

 7 - Validations 

7-1 

After the project creation phase(s), the Customer undertakes to send the Service Provider clear and explicit confirmation by e-mail or letter, dated and signed. 

7-2 

In the absence of validation or a request for modification of the mock-ups by the customer within ten days, they will be considered as validated by both parties. Work completed, delivered and tacitly validated implies that the sums corresponding to this work are due. 

8 - Invoice and payment

Invoices are due for payment on the date of delivery, or no later than 30 days net from the date of issue, unless an additional payment period has been clearly agreed. Payment is to be made by bank transfer to Clovis Moyen. In the event of late payment, penalties will be payable without the need for a reminder, in accordance with the law. 

These penalties amount to 20% of the total amount of the invoice for each month of delay, in addition to the fixed legal indemnity of €40. In the event of non-payment, the customer will bear all collection costs. 

9 - Deposits and order cancellations 

In the event of early termination of the contract by the customer, the latter formally undertakes to settle and pay the amounts relating to the current schedule, to jobs completed or in progress, and to additional services performed. All copyrights remain the exclusive property of the Service Provider, with the exception of data supplied by the Customer. 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 the work undertaken. 

10 - 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. It is understood that the Service Provider is obliged to notify the Customer from the first working day of his incapacity. 

11 - Force majeure 

The parties may not be held liable or in breach of their contractual obligations where the failure to perform their respective obligations is due to force majeure; the contract between the parties is suspended until the causes giving rise to the force majeure have ceased to exist. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and independent of the parties' will, despite all reasonably possible efforts to prevent them. The following are also considered to be cases of force majeure: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication 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 this. The two parties will then agree on the conditions under which performance of the contract will continue. 

12 - Settlement of disputes 

The contract is subject to French law. In the absence of an amicable agreement between the parties, any dispute or litigation concerning the interpretation or performance of this contract shall be referred to the competent courts of Nantes, to which they expressly assign jurisdiction. 

13 - Completeness of work

The entirety of the production and related rights, which are the 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 made during the course of the service. As a corollary, the Customer shall become the de facto owner of the production and the rights assigned as of the final and balancing payment of 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. In the absence of such a mention, and if the Customer wishes to have the sources of the documents, an amendment to the contract must be requested. 

14 - Principles of assignment 

The reproduction and republication of the Service Provider's creations are subject to the collection of copyright in accordance with the law of March 11, 1957. The transfer of these rights concerns only the use specifically foreseen. Any subsequent or different use requires a new agreement. Under no circumstances may modifications or interpretations of a graphic design be made without the consent of the Service Provider. The signature may not be removed without the agreement of the Service Provider. An idea proposed by the Customer does not in itself constitute a creation. 

15 - Reproduction and Distribution Right

Reproduction and distribution rights are calculated according to the distribution of the creation. They may be assigned on a lump-sum or partial basis. Each different adaptation of the original work is subject to a new assignment of copyright. For each new edition, the amount of royalties must be updated. Rights are assigned within the temporal and geographical scope of the present contract, and may not exceed this limit. In order to enable the client to freely exploit the service provided within the framework of its activity, all economic rights relating to the service provider's creation under the project will be entirely and exclusively assigned to the client, for distribution on the media specifically addressed at the time of the order, upon effective payment of the fees due in full. 

16 - Copyright and commercial notice 

Unless explicitly stated to the contrary by the Customer, the Service Provider reserves the right to include a commercial statement in the production clearly indicating its contribution, such as "Design by El Domo", with a hypertext link to the Customer's commercial site https://www.nbdesign-ouest.com/ whenever the medium permits.

Conditions générales de ventes