Terms of Sales
IMPORTANT – NOTICE TO USERS – PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONSULTING THE CONTENT AND USING THE SERVICES ON THE WEBSITE AND KEEP A COPY OF IT
The GYPSEAWAVE micro-enterprise registered with URSSAF under SIRET number 88140818100017.
Hereinafter referred to as the “Service Provider”,
Legal or natural persons who have required the professional skills of GYPSEAWAVE as independent Webdesigner and Graphic designer.
Hereinafter referred to as “Customer”
Any natural or legal person not party to the contract. Hereinafter referred to as “Third Parties”
The GYPSEAWAVE company operates the Gypseawave website, www.gypseawave.com (hereinafter the Site).
The Seller has for activity the creation of tailor-made website as well as graphic design.
The present General Conditions of Sale (hereinafter “GTC”) are intended to determine the characteristics, terms and conditions of access to the Services available on the Site, as well as to define the rights and obligations of the Parties within the framework of the online sale of the Goods offered for sale by the seller to the buyer.
The Parties agree that their relations will be governed exclusively by the present GTC, to the exclusion of any condition available on the Site.
The Site is available free of charge on the Internet and is accessible to any Visitor or Buyer with Internet access.
All costs associated with access to the site as well as material costs, such as Internet access, are exclusively the responsibility of the visitor or the buyer who is solely responsible for the proper functioning of his equipment and for its access to the Internet.
The present T & Cs can be viewed freely by any Visitor or Buyer on the Site from the URL address: https://gypseawave/terms-of-sales
The present GTC are systematically submitted for acceptance to the Buyer before any purchase of a Good on the Site.
The lack of prior acceptance of the GTC prevents any start of the assignment.
The seller reserves the right to modify the GTCs present in a new version on the site at any time. They come into force upon their first publication on the Site, and their acceptance by the Purchaser.
The GTC are those in force and available on the site on the date of validation of the order.
The site does not sell products to minors. Any Visitor under the age of 18 may only use the Website under the supervision of a parent or legal guardian. In addition, the Customer must have read and accept the warnings provided for in the Extract from 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.
1 – Responsibility of the Customer
The Customer undertakes to provide fair and sincere information and undertakes to warn the prestataire of changes concerning the data provided and will be solely responsible for any malfunctions that may arise from incorrect information. The Customer must maintain a valid e-mail address.
2 – Commitment of the parties
In general, the Client and the Statutory Auditor undertake to cooperate in order 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.
3.1 – The Client
To enable the Service Provider to carry out its mission, the Customer undertakes to:
– Establish detailed specifications which will not be subject to any further modification, unless the parties agree, after having been approved by the service provider. In the event that modifications involve a substantial replacement of the initial specifications, these will be invoiced in addition to the initial estimate.
– Submit the initialed, dated and signed estimate to the Service Provider.
– Provide all the documentary, graphic and textual elements necessary for the proper execution of the contract (in particular in the good exploitable formats according to the targeted supports), the customer undertakes to provide all the legal information to be added in the documents and endorses the responsibility for providing the content of the documents it edits.
– Have the necessary rights to the elements provided above. Only the responsibility of the sponsor can be engaged in this respect.
– Collaborate with the success of the project necessary for the Service Provider in a timely manner all the information and documents for the proper understanding of the needs and the proper execution of the services.
– Strictly comply with the recommended and creative techniques made by the Service Provider.
Guarantee the Service Provider against any action that could be taken due to the nature of the data or information (texts, images, sounds) which would have been provided or chosen by the Customer.
Pay the sums due to the Service Provider within the precise deadlines.
– Inform the Service Provider of a possible competition with other service providers.
3.2 – The Service Provider
– If necessary, the Service Provider may intervene in the development 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 inform the Client on a regular and efficient basis of the progress of the implementation 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, the Service Provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the Customer. , to which he could have had access in particular within the framework of the execution of this mission.
4 – Additional costs
The various elements, possibly necessary for the performance of the Provider’s services and not falling within its offers, are not included in the prices indicated. This may include, for example, the purchase of fonts, photographs or illustrations from image banks. To be invoiced in addition: the modifications requested by the Client in progress, if they involve a reworking of the project (author’s corrections). The trips necessary for the proper performance of the contract may also be billed to the Customer.
In the event that modifications, addition or deletion of data, requested by the Client during implementation – and indicating an omission, or an error on his part – would imply a substantial reworking of the initial specifications (corrections author), or inducing additional work, these will be invoiced in addition to the initial estimate at the hourly rate of 100 € incl. The sums corresponding to the work already carried out by the Service Provider are due by the Customer and immediately payable. Subject to the Service Provider’s agreement, an additional emergency fee (increase of 50% of the daily rate) will be invoiced for services performed at the Customer’s request outside the days and times defined in the “General” article, or if the order is processed in priority over other orders in progress by the Service Provider.
5 – Workplaces
Unless there is a written agreement between the Service Provider and the Client, GYPSEAWAVE reserves the right to carry out its mission outside the premises of the client company and to choose the place where it will carry it out. The Customer, if he can offer it, undertakes not to impose on the Service Provider a physical presence or a movement regardless of the location and regardless of the phase or progress of the assignment.
6 – Estimate and start of work
The quote and the GTC (General Conditions of Sale) signed by the Customer are valid together exclusively for their acceptance and act as an order form. This must be accompanied by payment of 50% of the overall price of the services to be provided. This sum is non-refundable. The work will begin when all the documents (signed estimate and GTC, 50% of the total amount paid) and graphic and textual documentary elements necessary for the proper performance of the contract, are available to the Service Provider. If the Customer returns the estimate on a date greater than the start date of the work indicated on this document, the service provider is entitled to extend the delivery date by the number of working days exceeding the date indicated on the estimate (working days do not take into account weekends, public holidays, sick leave and holiday periods).
7 – Customer validations and returns
After the project creation phase (s), the Client undertakes to send the Service Provider its validations clearly and explicitly by sending an email to the attention of GYPSEAWAVE.
In the absence of validation or a request for modification of the work by the Customer within 5 working 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.
In order to ensure that the project deadlines are met, the Service Provider will set deadlines in a task management system that is shared with the Client. If the Service Provider expects a return from the Customer and he has no news from the latter within 5 working days of the scheduled deadline, late fees of € 100 will be added to the final invoice to keep account of the reprogramming of the project.
8 – Invoice and payment
Except additional payment deadline reached by agreement between the two parties and appearing on the invoice, payment is made no later than the 30th day following the invoice date (C. Com. art L. 441-6, al. 2 amended from the law of 15 May 2001). Any late payment may give rise to late payment penalties due without reminder, at the rate of 10% of the total invoice per day of delay (Fight against late payment / article 53 of the NRE Law), as well as a lump sum compensation of € 40 (C. Com. art. D441-5). 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. Payment will be made by bank transfer to the attention of GYPSEAWAVE. No deposit granted for cash payment. In the event of non-payment, the customer will bear all collection costs.
9 – Down payment and order cancellation
In the event of suspension, early termination or termination of the contract before its term by the Client, the latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, to the positions completed or in progress, as well as ” the additional services performed. The sums already received by the Service Provider will remain acquired and the remuneration initially agreed in the estimate accepted by the client company will remain entirely due to the Service Provider. The deposit already paid will remain acquired by the Service Provider, constituting compensation for the work undertaken.
All copyright remains the exclusive and entire property of the Service Provider, with the exception of data provided by the Customer. The source files and data created and used by the Service Provider cannot therefore be claimed by the Customer without a financial contribution. The models, and more broadly, all the original works, remain the property of the Service Provider, as do the rejected projects.
10 – Incapacity for 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 able to require the payment of compensation. It is accepted that the Service Provider must notify the Customer from the first working day of his incapacity.
11 – 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 which 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, floods, lightning, the shutdown of telecommunications networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties. The party affected by force majeure will notify the other within five working days of 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.
12 – 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 Lyon, to which they expressly grant jurisdiction.
13 – Properties of the work carried out
All production and related rights, subject of the order, remain the full and exclusive property of GYPSEAWAVE 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 the Service Provider within the framework of the order. Unless otherwise stated on the estimate, the production files and the 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 Customer wishes to have the sources of the documents, an amendment to this document must be requested. The work carried out by the Service Provider, in particular the preliminary studies, remain confidential and may in no case be transmitted by the Customer to a third party without prior agreement.
14 – Principles of assignment
The reproduction and republication of the creations of the Service Provider are subject to the collection of copyright according to the law of March 11, 1957. The transfer of these rights concerns only the use specifically planned. Any subsequent or different use requires a new agreement. Changes or interpretations of a graphic design may not be made, under any circumstances, without the consent of the Service Provider. The signature cannot be deleted without the agreement of the Service Provider. An idea proposed by the Client does not in itself constitute a creation. The rights will be assigned for a period of 70 years from the date of issue of the copyright assignment contract.
15 – Reproduction and distribution 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 is 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 Customer to freely use the service provided within the framework of his activity, all the economic rights relating to the creation of the Service Provider, under the project will be entirely and exclusively assigned to the Customer, and this for distribution on the media specifically addressed when ordering, upon actual payment of all fees due.
16 – Copyright
Unless the Client explicitly mentions the contrary, the Service Provider reserves the right to include in the realization a commercial mention clearly indicating his contribution, such as the formula “Produced by Gypseawave – Web and graphic designer” when the support allows it with a link hypertext pointing to the commercial site of its activity (www.gypseawave.com).
17 – Right of publicity
The Service Provider reserves the right to mention the achievements made for the Customer on its external communication and advertising documents (website, portfolio, social networks) and during sales prospecting. The Customer agrees not to oppose it.