Terms of Sales
Introduction
These general terms and conditions of sale govern the contractual relationship between Nathy BROHAN, Motion Designer, and her customers for the motion design services provided.
The term "Customer" refers to any individual or legal entity requiring the skills of Nathy BROHAN for any creation within the scope of motion design skills. The term "Service Provider" refers to the micro-enterprise of Nathy BROHAN, Motion Designer, whose SIRET number is 97818982700014 and whose address is 14 Allée Nicole Girard-Mangin, 44200, Nantes.
The GCS apply to all offers, quotations, orders and service contracts concluded between the Service Provider and its Customers.
1 - Scope and Generalities
The Customer having subscribed to a motion design, illustration or video editing offer proposed by the Service Provider acknowledgesı̂t having read and accepted without reservation the present general terms and conditions of sale.
These general terms and conditions of sale apply without reservation or restriction to all services offered by the Service Provider. Only the special conditions set out, where applicable, in the service offer and the present general terms and conditions of sale regulate the services provided by the Service Provider.
2 – Obligations
2.1 Obligations of the parties - The Service Provider and the Customer undertake to cooperate actively in order to ensure the proper performance of the contract. Each party undertakes to communicate any difficulties it may encounter in order to enable the other party to take the necessary measures for the proper performance of the contract. Each party must maintain a valid e-mail address and postal address.
2.2 Obligations of the Service Provider - The Service Provider undertakes to carry out the work ordered by the customer with diligence, professionalism and as closely as possible to the customer's expectations, namely :
> 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.
2.3 Customer's obligations - The Customer undertakes to provide the Company with all information, instructions and documents required for the proper performance of the contract, namely :
> Draw up detailed specifications, which will not be modified, except by agreement between the parties, once they have been approved by the Service Provider. In the event of modifications involving a substantial reworking of the initial specifications, these will be made by the Service Provider.
3 – Offers and quotations
3.1 Services - Motion design, illustration and/or video editing services are provided in accordance with the terms and conditions set out in the quotation.
3.2 Validity limits of quotation - The rates communicated in the quotation are subject to availability at the time of receipt of the order form (signed quotation) by the Service Provider.
3.3 Quotation terms - Unless otherwise stated, the terms of the quotation not yet validated by the Customer are valid for 30 days. After this period and without confirmation from the Customer, the quotation will be considered null and void and may be subject to new pricing in the event of confirmation by the Customer.
4 – Prices
Unless extra charges are invoiced separately, the prices indicated in the Service Provider's quotations include and exclude the items explicitly listed in the price offer. Any service not listed as included will be the subject of a free, non-binding additional quotation.
5 – Ordering and start of service
The dated and signed quotation, accompanied by the words "bon pour accord" ("good for agreement"), serves as the order form. This must be accompanied by payment of the deposit. (The motion design, illustration and video editing work entrusted to the Service Provider only begins on receipt of the purchase order (and the deposit). Please note that validation of the order form implies unreserved acceptance of these terms and conditions of sale.
6 – Deadlines and delays
6.1 Deadlines - The Service Provider undertakes to meet the delivery deadlines set out in the provisional editorial schedule agreed in writing with the Customer, provided that the Customer supplies the information within the set deadlines.
6.2 Delays caused by the Customer - The Service Provider cannot be held responsible for delays in delivery attributable to the Customer: waiting for a third party to intervene, absence of data essential to the completion of the work, problems linked to third-party products (IT, software, etc.), etc. The Service Provider cannot be held responsible for delays in delivery attributable to the Customer: waiting for a third party to intervene, absence of data essential to the completion of the work, problems linked to third-party products (IT, software, etc.), etc. In the event of delays caused by the Customer, the delivery date will be postponed accordingly.
7 – invoicing and payment
7.1 Down payment - A down payment corresponding to 30% of the total price excluding VAT of the order will be requested by the Service Provider and must be paid by the Customer upon signature of the quotation. The remaining balance must be paid by the Customer upon delivery of the services listed in the quotation.
7.2 Terms of payment - Payment is made exclusively by bank transfer.
7.3 Late payment - Any delay in payment entraı̂nera the exigibility of the sums due.
8 – Cancellation
8.1 Cancellation of order by the Customer - The Customer may cancel the order at any time, in return for payment of work completed and in progress by the Service Provider.
8.2 Termination of contract by either party - In the event of early termination of the contract, the party concerned undertakes to immediately notify the other party in writing.
9 – Responsibilities
9.1 Obligation of means - It is expressly agreed that the services provided by the Service Provider are subject only to a general obligation of means and not of result.
9.2 Responsibility for information published - The final responsibility for information published on the website and the various communication media lies with the Customer.
10 – Property and privacy
The Service Provider and the Customer mutually guarantee a general duty of confidentiality. In particular, they undertake not to disclose to third parties any written or oral information entrusted to them in the course of providing the service, or upon completion of the service.
11 – Claims and litigation
11.1 Complaints - Any complaint or dispute relating to the order or invoicing must be notified in writing within 14 days of delivery or performance of the service concerned. A complaint does not release the Customer from its payment obligations.
11.2 Disputes - In the event of a dispute of any kind whatsoever, the parties undertake to seek an amicable solution. In the absence of agreement, any dispute will fall within the exclusive jurisdiction of the courts in the area of the company's registered office.