TERMS OF SALES
1 - PARTS OF THE CONTRACT
The term "Client" refers to any legal or natural person, having required the professional skills of Victoria Lamarre as Social Media Manager, Product Photographer and Web designer. The term "Third Party" designates any natural or legal person not party to the contract. The term "Victoria Management" designates the sole proprietorship of Victoria Lamarre with registered office at 245 Route de Bamboche, Boisvin, registered under the SIRET number: 81526948500018.
2 - GENERAL
The purpose of these general conditions of sale is to define the rights and obligations of the parties during all orders placed by a Customer with the company Victoria Management within the framework of its commercial activity of creation and digital design, and that, by all the means at its disposal (mail, telephone, email, etc.). Victoria Management reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will have no impact on pending orders. The Client using the services of Victoria Management acknowledges having read the artistic and technical capacities of the Community manager before requesting his intervention and unreservedly accepts the following general conditions of sale, as well as the warnings set out in the Extract from the Law n ° 57-298 of March 11, 1957 on artistic property (OJ of March 14, 1957) of the rights of authors concerning the laws of intellectual property. Any order placed or quote accepted entails full and unreserved acceptance by the Customer of these general conditions of sale. The service or order includes everything that is explicitly listed in the "Service detail" or "order summary" field. As a corollary, it does not understand what is not explained in this same field.
3 - CUSTOMER RESPONSIBILITY
In order to allow these achievements under the best conditions, the Client undertakes to provide fair and sincere information and undertakes to notify Victoria Management of any change concerning the data provided and will be solely responsible for any malfunctions that may result from information. wrong. The Customer must maintain a valid e-mail address and postal address.
4 - COMMITMENTS OF THE PARTIES
In general, the Client and Victoria Management undertake to collaborate actively to ensure the proper execution of the contract. Each one undertakes to communicate all the difficulties of which he is aware as the project progresses, to allow the other party to take the necessary measures.
A / THE CUSTOMER
To enable Victoria Management to achieve its mission, the Client undertakes to:
Fill out the forms and questionnaires necessary for the performance of the service as precisely as possible.
Accept the quotation sent by e-mail or return it signed.
Provide all the documentary, graphic and textual elements necessary for the proper performance of the contract, (in particular in the right formats that can be used depending on the targeted media) and all the legal information to be added to the documents. The Client accepts responsibility for providing the content of the documents he edits.
Be the holder of the necessary intellectual property rights relating to all the above elements transmitted to Victoria Management The search for anteriority of names and creations is the responsibility of the Customer and remains his responsibility. Only the responsibility of the sponsor can be engaged in this respect.
Actively collaborate in the success of the project by providing Victoria Management in good time with all the information and documents necessary for the proper understanding of the needs and the proper execution of the services.
Strictly comply with the technical and creative recommendations made by Victoria Management.
Guarantee Victoria Management against any action which could be brought to it due to the nature of the data or information (texts, images, sounds) which would have been provided or chosen by the Customer.
Pay the amounts due to Victoria Management on time.
Inform Victoria Management of a possible competition with other providers in the field of digital marketing.
B / VICTORIA MANAGEMENT
If necessary, Victoria Management can intervene in order to define the needs and complete the information requested in the form, together with the Client.
Victoria Management guarantees that the creations are legally available and are not encumbered by rights of third parties, employees or not of Victoria Management, for the uses provided for under the contract.
Victoria Management undertakes to inform the Client on a regular and efficient basis of the progress of the realization of the project, and this, in particular, through validations submitted to the Client.
As regards confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, Victoria Management undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the Client, to which it could have had access in particular within the framework of the execution of this mission.
5 - ADDITIONAL COSTS
Technical costs and miscellaneous items which may be necessary for the performance of Victoria Management's services and which do not fall under its offers are not included in the prices indicated. In the event that modifications, addition or deletion of data, requested by the customer in progress and indicating an omission, or an error on his part would imply a substantial reworking of the initial estimate, or inducing additional work , these will be invoiced in addition to the initial estimate. The sums corresponding to the work already carried out by Victoria Management are due by the client company and immediately payable. Subject to the agreement of Victoria Management, an additional emergency fee (increase of 50% of the daily rate) will be charged for services performed at the request of the client company during Saturdays, Sundays, public holidays, or at night. (i.e. between 8 p.m. and 9 a.m. the next morning), or if the order is processed in priority over other orders in progress by Victoria Management.
6 - ORDER FORM AND START OF WORK
The validation of the order by the payment is valid for acceptance of the present general conditions of sale. Quotes issued by Victoria Management are valid on the date of their establishment and for a period of ten days. They are likely to be revised in particular according to the evolution of the specifications. This must be accompanied by payment of the overall price of the services to be provided. The work will begin when all the documents (quotes and GTC accepted, total amount paid) and graphic and textual documentary elements necessary for the successful completion of the contract, are available to Victoria Management.
The deadline for completing the order is defined on the quote accepted by the Customer. Failing this, the maximum period of fulfillment by Victoria Management of the order placed by a Customer acting as consumer and validated is set at five (1) months.
7 - VALIDATIONS
7-1 After the project creation phase (s), the Client undertakes to send Victoria Management its validations in a clear and explicit manner by sending an email or a dated letter and signed in Lamarre Victoria. It is agreed between the two parties that the consideration of modification request (s) made by other means, in particular orally, are left to Victoria Management's convenience.
7-2 In the absence of validation or a request for modification of the achievements by the customer within a period of fifteen days, 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.
7-3 The means of visualization of the achievements before their departure in printing being numerous and not meeting the same standards, Victoria Management cannot be held responsible for the possible differences between a computer visualization and the final result of the products. Color reproduction cannot be guaranteed to be identical between the IT tool and the Victoria Management creation tools.
8 - INVOICE AND PAYMENT
Unless an additional payment period is clearly granted, payment of the invoice is due on the date of validation of your order. Social Media Management subscriptions are due in advance on the 1st of each month of delivery. Payment is made by bank transfer or PayPal in the form of recurring or one-off payment according to the terms defined by the two parties. 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 amount of the invoice per day of delay. The calculation of penalties will begin on the second working day after the payment date indicated on the invoices. The calculation will end on the day of receipt of payment. In the event of non-payment, the customer will bear all collection costs.
9 - DEPOSIT AND CANCELLATION OF ORDER
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 positions carried out or in progress, as well as to the additional services carried out. All copyrights remain the exclusive and entire property of Victoria Management, with the exception of data provided by the Client. The source files and data created and used by Victoria Management cannot therefore be claimed by the Client without a financial contribution. The achievements, and more broadly, all original works, remain the property of Victoria Management, as do rejected projects. The deposit already paid will remain acquired by Victoria Management, constituting compensation for the work undertaken. In the context of a recurring payment by transfer or PayPal, the Customer must inform Victoria Management by e-mail (at the address: email@example.com) of the termination of the current subscription, in order to an end to the collaboration of the following month and in particular to stop the automatic debit from PayPal within a maximum period of 15 working days.
10 - WORKPLACE AND TRAVEL
Unless there is a written agreement between Victoria Management and the client company, Victoria Management reserves the right to carry out its mission outside the premises of the client company and to choose the place where it will be carried out. The client company, if it can offer it, undertakes not to impose on Victoria Management a physical presence or a displacement in any place, this whatever the phase or the progress of the mission. In the event of contract work, ad hoc or not, the client company undertakes to place all equipment, supplies and infrastructure at the disposal of Victoria Management if the performance of the mission so requires.
11 - INCAPACITY FOR WORK
In the event of incapacity for work, as a result of illness or accident, Victoria Management reserves the right to modify the current schedule without the Client being able to require the payment of compensation. It is accepted that Victoria Management must warn the Client on the first working day of his incapacity.
12 - THE FORCE MAJEURE
The parties cannot be considered as responsible or having failed in 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 extinction of the causes having generated 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 reasonable efforts to prevent them. The blocking of means of transport or supplies, earthquakes, fires, storms, measures taken in the context of a health crisis, floods, lightning, the shutdown of telecommunications networks are also considered as cases of force majeure. , and in particular all the networks accessible by Internet, or difficulties specific to the telecommunication networks external to the parties. The party affected by force majeure will notify the other within five (5) working days of the date on which it becomes aware. The two parties will then agree on the conditions under which the execution of the contract will be continued.
13 - SETTLEMENT OF DISPUTES
The contract is subject to French law. Any dispute or dispute 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 Pointe-à-Pitre, to which they expressly grant jurisdiction.
14 - PROPERTIES OF WORK CARRIED OUT
All production and related rights, subject of the order, remain the full and exclusive property of Victoria Management as long as the invoices issued are not paid in full by the Customer. As a corollary, the Customer will become the de facto owner of the production and of the rights transferred from the final payment and settlement of all the invoices issued by Victoria Management as part of the order. Unless otherwise stated in the quote, production files and sources remain the property of Victoria Management. Only the finished product will be sent to the Customer. The author is not obliged to make the source files available to the Client, 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 a statement and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested. The work carried out by Victoria Management, in particular the preliminary studies, remain confidential and may under no circumstances be transmitted by the Client to a third party without prior agreement.
15 - PRINCIPLES OF ASSIGNMENT
In accordance with the CPI (Articles L. 121-1 to L. 121-9), it is recalled that the moral right of a creation (including, among other things, 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. In fact, only the economic rights explicitly stated on this order will be transferred to the client company, to the exclusion of any other, and this, within the possible limits also appearing therein (limit of medium, territory or duration). . Any full or partial representation or reproduction made without the consent of the author or his successors in title is illegal and punishable under the laws relating to the offense of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process (art. L. 122-4 of the CPI).
16 - REPRODUCTION AND DISSEMINATION RIGHTS
The reproduction and distribution rights are calculated according to the distribution of the creation. They can be sold on a flat-rate basis or partially. Each different adaptation of the original work being the subject of a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical perimeter of this contract and may not exceed this limit. To allow the sponsor to freely exploit the service provided as part of its activity, all the economic rights relating to the creation of Victoria Management under the project will be entirely and exclusively assigned to the sponsor, for distribution on the media specifically addressed when ordering, upon actual payment of all fees due.
17 - COPYRIGHT AND COMMERCIAL NOTICE
Unless the Client explicitly mentions the contrary, Victoria Management reserves the right to include in the production a commercial mention clearly indicating its contribution, such as the formula "Directed by Lamarre Victoria" accompanied when the medium allows a hypertext link pointing to the commercial site of its activity (victoria-management.com). The client company undertakes not to oppose it, and to never delete this information.
18 - RIGHT OF PUBLICITY
Victoria Management reserves the right to publicly mention the achievements made for the Client to present it as a reference as part of its commercial prospecting, external communication, advertising, and the client company undertakes never to do so. oppose.
Victoria L. (Victoria Management)
Headquarters: Boisvin, 97160 Le Moule, Guadeloupe
Wix Online Platform Limited
Address: 1 Grant's Row, Dublin 2 D02HX96, Ireland.