Sir, and madam
These General conditions of sales exist to offer us the foundations of healthy partnership and help us avoid any confusion that could impede the good work of our collaboration.
1. Parties of the contract:

The term « customer » indicates every legal or physical entity, having required the skills of Renaud Christodoulos (acting under the pen name of Ren Hoh), for any creation within the framework of his skills regarding illustration.

The term « third party » indicates any natural or legal entity not being parties to the contract.

The term « provider » indicates Renaud Christodoulos (acting under the pen name of Ren Hoh), freelance illustrator, registered under the regime of the self-employed person.

 

2. Majorities:

The present general terms of sale have for object to define the rights and duties of the parties during the sale of products and services realized by the provider for his customers within the framework of his commercial activity of creation and graphic design.

The provider reserves the right to modify his general terms of sale, his formulae and his rates, at any time and without advance notice. These modifications will have no incidence on pending orders.

The customer using the services of Ren Hoh recognizes to have acquainted and accepted without reserve the following general terms of sale, as well as the warnings labels on the artistic property of the rights of the authors concerning the laws of the intellectual property.

The customer using the services of Ren Hoh recognizes to have acquainted and accepted without reserve the following general terms of sale, as well as the warnings labels on the artistic property of the rights of the authors concerning the laws of the intellectual property.

 

3. Responsibility of the customer:

The customer makes a commitment to supply right and sincere informations and makes a commitment to warn(prevent) the provider of any change concerning the supplied data and will be solely responsible for possible dysfunctions which could result from erroneous informations. The customer has to maintain a valid e-mail address and a valid mailing address.

 

4. Commitments of the parties:

Generally speaking the customer and the provider make a commitment to collaborate actively to insure the good execution of the contract. Each partie agrees to communicate all the difficulties which he becomes aware along in the progress of the project, to allow the other party to take the necessary measures.

 

4-1. The customer:

To allow the provider to achieve his mission, the customer makes a commitment in :

=> Establishing or validating a detailed specifications which will undergo no more modification, except agreement of the parties, having been approved by the provider.
In case modifications would involve a substantial reorganization of the initial specifications, the latter will be charged in addition to the initial estimate.

=> Putting back to the provider the estimate and the dated G.C.S., signed / dabbed and accompanied with a 50 % deposit.

=> Supplying all the documentary, graphic and textual elements necessary for the good realization of the contract (in particular in the good exploitable sizes according to the aimed media), as well as all the legal information to be added in documents and assuming the responsibility for supplying the contents of the documents which he publishes.

=> Arranging right necessities on elements supplied above. Only the responsibility of the customer can be committed as such.

=> Collaborating actively in the success of the project by bringing to the provider during the appropriate period all the informations and the documents necessary for the good apprehension of needs and for the good execution of the services.

=> Conforming strictly to the technical and creative recommendations made by the provider.

=> Guaranteeing the provider against any action which could be instituted to him because of the character of the data or the information (texts, images, sounds) which would have been supplied or chosen by the customer.

=> Settling within specific time limits the sums due to the provider.

=> Informing the provider of a possible putting in competition with other providers.

 

4-2. The provider:

=> If necessary, the provider can intervene in the elaboration of the specifications, together with the customer.

=> The provider guarantees that the creations are legally available and are not burdened by right of third parties, employees or not of the provider, for the uses planned in conformance with the contract.

=> The provider makes a commitment to inform in a regular and effective way the customer of the advance of the realization of the project, in particular through validation submitted to the customer.

=> In conformance with the confidentiality and during all the duration of the present and even after their cessation whatever the reason, the provider makes a commitment to keep strictly confidential all the informations and the documents in which he would have been able to have access in the frame of the execution of the present mission.

 

5. Rates:

The price of the order is determined according to the type, the complexity and the duration of its realization.

It also integrates the Transfer of the rights of reproduction and distribution, calculated according to the area, the destination and the operating life.

The Estimate and the Invoice of the balance calling back(reminding) the object of the command(order) will be sent by e-mail (or by mail mail on request explicit of the customer) to the service(department) indicated(appointed) by the customer.

The prices stipulated on the estimate are valid 60 days from the date of issue of this one. These remain firm and not revisable if the order intervenes during this deadline. The services to be supplied are clearly the ones expressed on the estimate. In a way corollary, any non-expressed services are not included and will be the object of an extra free estimate.

The prices are expressed in euros and calculated exclusive of tax. They are not increased by the rate of VAT because the status of self-employed person involves a franchise of VAT in France, according to the article 293 B of the CGI.

 

6. Fringe expenses:

The diverse elements possibly necessary for the realization of the picture and not being of the offer of the provider are not included in the indicated prices. It is for example about typographic polices, about photos or illustrations stemming from picture libraries.

Are to be charged in more: the modifications asked by the customer in progress, if that implies a reorganization of the project (author’s emendations). The textual content allowing the realization of the product must be supplied by the customer. The travels necessary for the good realization of the contract can also be charged to the customer.

 

7. Order and at the beginning of the works:

No phone contact, and no physical meeting, is worth commitment. The estimate and the GCS (general terms and conditions of sale) signed and validated by the customer, with the mention ” good for agreement “, exclusively together apply to acceptance of the latter and act as order form.This one has to come along with the payment of a deposit of 50 % of overall price of the services to be supplied.

The works will begin when all the documents (estimate and signed GCS, 50 % of the paid global amount) and graphic, textual documentary elements necessary for the good realization of the contract, will be at the disposal of the provider. The balance will be paid in the term of the service and upon receipt of the invoice, according to terms of payment appearing there.

 

8. Validations:

After the phase of creation of the project, the customer makes a commitment to transmit to the provider his validation in a clear and explicit way by the sending of an email or a dated and signed mail.

For lack of a validation or a request of modification of models by the customer within a fortnight, these will be considered as validated by both parties. The realized, delivered work and tacitly validated, implies that the sums corresponding to this work are due.

 

9. Delivery times:

The provider makes a commitment to make every effort to deliver the order for the deadlines concluded with the customer during the signature of the estimate, provided that the customer supplied in due course the entire elements necessary for the realization of the works, for their modification, the correction or the evolution.

Any delay in the realization of the project, caused in whole or in part by the non-delivery by the customer for the deadline agreed on the aforesaid elements, cancel his right to compensation. In case of disagreement on the cause of the delay, the written correspondences by registered mail, the fax or by email, will testify of the good or bad faith of the parties.

The delivery deadline can be postponed if the provider is not in possession of all of documents (photos, texts, illustrations …) supplied by the customer for the realisation of his project. The days of delay will be charged to the daily rate.

Concerning the 3D illustrations, the delivery deadline indicated during the signature of the estimate is given only for information purposes and is not guaranteed at all, considering sometimes the number of unpredictable technical manipulations to come to a 3D rendering of optimal quality.

Consequently, any reasonable delay cannot give rise for the benefit of the customer to the cancellation of the order or to the advantage of damages. On his side, the provider makes a commitment not to charge the hours dedicated in surplus of what was announced on the estimate for a work agreed by the 2 parties.

If a deadline is imperative, it must be clearly specified as such on the order form. In this case, the customer can, when the delivery or the realization undergoes a delay, aspire to a compensation without this one can exceed 10 % of the lump price of the order.

 

10. Delivery:

The delivery is made in digital form by e-mail or the sending of a confidential link towards a legal and secure platform of fast download. For information, the invoice will immediately be sent to an independent email, with acknowledgement of receipt.

At request of the customer, an original paper of the invoice can be sent by mail within 48 hours following the sending of the works by e-mail.

 

11. Invoice and payement:

The prices stipulated on the estimate are valid one month from the date of issue of this one. These remain firm and not revisable if the order intervenes during this deadline. The services to be supplied are clearly the ones expressed on the estimate. In a way corollary any non-expressed services are not included and will be the object of an additional free estimate.

The invoice emitted to the customer resumes the amount all taxes included (not applicable VAT, article 293B of the CGI). Currency: Euro.

Except clearly granted additional payment time, the regulation of the invoice is due to the delivery date or at the most 30 days after the emission of this one. The payment can be made by bank transfer, by Check to the order of Renaud Christodoulos or possibly by Paypal

No discount in case of advance payment.

Exploitation rights are acquired only in complete regulation of invoices.

 

12. Late charges:

Any delay in payment can give rise to due late charges without reminder, to rate of 10 % of the total invoice per day of delay ( fight against the delays of payment / article 53 of the law NRE), as well as in a fixed compensation for collection charges in the amount of EUR 40 (C. Com. art. D441-5).

 

13. Order cancellation and termination:

In case of breach of the contract before its term by the customer, this one makes formally a commitment to settle and to pay amounts relative to the current timetable, to the realized posts or in progress, as well as to the made additional services.

All the copyright remain the exclusive and whole property of the provider, with the exception of the data supplied by the customer.

Files and given sources created and used by the provider can not be claimed by the customer without a financial contribution. Models, and more widely, all the original works, remain the property of the provider, as well as the refused projects.

The already paid advance will remain acquired by the provider, constituting a compensation for the undertaken work, whatever is the progress of the project.

The failure to respect in the rules of the present contract will engender the termination of this one without prejudice of all damages and interest one month after formal demand by registered letter with recorded delivery.

 

14. Incapacity for work:

In case of incapacity of work, as a result of disease or accident, the provider reserves the right to modify the current calendar without he can be required by the customer the payment of compensations. It is admitted that the provider is obliged to warn the customer from the first working day of his incapacity.

 

15. The force majeure:

The parties cannot be considered as persons in charge or having failed in their contractual obligations, when the defect of execution of the respective obligations has for origin the force majeure; the contract between the parties is suspended until the extinction of the causes having engendered the force majeure.

The force majeure takes into account irresistible facts or circumstances, unpredictable and independent from the will of the parties, in spite of all the efforts reasonably possible to prevent them. Are also considered as case of force majeure, the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning, power cut, the stop of the telecommunication networks, in particular all the accessible networks by Internet, or difficulties specific to telecommunication networks.The partie affected by the force majeure will inform the other one about it in five working days according to the date in which it will have had knowledge of it. Both parties will agree then on conditions in which the execution of the contract will be pursued.

 

16. Property of realized works:

All of the production and the rights relating to the object of the order, remain the whole and exclusive property of the provider as long as the emitted invoices are not altogether paid by the customer, up to the global amount of the order and the possible amendments concluded in the course of service.
In a way corollary, the customer will become the owner of the production and the assigned rights as from the final adjustment and settling concerning all the invoices emitted by the provider within the framework of the order.

Except opposite mention indicated on the estimate, the files of production and sources remain the property of the provider. Only the finished product will be sent to the customer.
For lack of such a mention, and if the customer wishes to have the sources of documents, an amendment to this present document must be asked.

Source files delivered by the provider can not be rented, given up, sold or distributed to third parties by the customer, his employees, his partners, his providers or any natural or juridical person acting for the customer, in France or abroad, in any form whatsoever.

 

17. Transfert of reproduction and diffusion rights:

The provider, in his illustrator’s quality, is only owner of the creations realized for the customer. These capacities are governed by the Code of the Intellectual property. The reproduction and the republication of the provider’s créations are submitted to the perception of copyright according to the law of March 11th, 1957.

To allow the customer to exploit freely the service supplied within the framework of its activity, all the rights of use and distribution relative to the creation of the provider, in conformance with the project, will be completely and exclusively given up to the customer, for the distribution on supports specifically indicated in the order, from the actual payment of the entire due fees.

Rights of reproduction and distribution are calculated according to the area, the destination and the operating life (art. L.131-3 of ICP (International Criminal Court)) They must be integrated and mentioned in the invoice / estimate of the provider for the attention of the customer.

Every adaptation different from the original work will have to be the object of a new transfer of rights of author. For every new edition, the amount of the rights must be updated. The rights are given up in the temporal and geographical perimeter of the present contract and does not have to exceed this limit.

For the case or the customer would exploit one of the creations of the author otherwise than in the terms defined in the estimate (or in the invoice) , he would immediately be guilty of imitation and could be pursued by the author; except for revaluing the remuneration for the latter on the conditions mentioned above.

The modifications or the interpretations of a graphic creation can not be made without the consent of the provider.

The signature cannot be deleted without the agreement of the provider.

An idea proposed by the customer does not constitute, in itself, a creation.

 

18. Responsability:

The customer assumes the full responsibility of choices realized concerning textual and iconographic contents appearing in the realisation delivered by the provider, just like the exploitation which will be made, in particular the conformity of the latter with regulations in force.

He also insures to be the owner of the rights necessary for the exploitation of all the textual and iconographic creative elements supplied by him to the provider within the framework of his mission, and guarantees Ren Hoh against any third complaint relative to the violation of the rights of these elements.

 

19. Copyright and commercial mention:

Except explicit opposite mention of the customer, the provider reserves the possibility of including in the realization a discreet commercial mention indicating clearly his contribution, such as the formulation « Realization: Ren Hoh ».

 

20. Rights of publicity and privacy:

In conformance with the moral right of the provider about his creation, the customer authorizes the provider to mention this creation as example of his realizations on his commercial documents and on his web site, portfolio, etc…)

It is advisable that in case of specific operation of the customer, and only within the framework of the proper functioning of his activity, the customer can ask for time of confidentiality to the provider, which can only apply upon acceptance of the latter.

Each of the parties makes a commitment to keep strictly confidential any common information which can be exchanged during the realization of the service, that they are technical, commercial, economic or of any other sorts.

 

21. Claim and guarantee:

The customer has a deadline of 1 month to make any complaint concerning the made services. This deadline runs as from the day of the official acceptance of work (as attested by date on postmark, hand delivery, sending by e-mail). Beyond this deadline, the service is considered as satisfactory and accepted.

The provider guarantees the works made in the following limits: in the case of fault or attributable errors to the provider, this one makes a commitment to correct or possibly to redo said works at his exclusive expenses.

So that the guarantee is applicable, these faults or errors must be indicated in writing within 1 month following the official acceptance of work supposed erroneous by the Customer. The erroneous works must be put back at the same time as the letter indicating the faults or the errors.

Only points specified clearly in the specifications and not working as they should will be considered as “Faults”, according to the information supplied in the specifications.

 

22. Dispute résolution:

The contract is submitted to the French law. In case of dispute, the parties make a commitment to make every effort to settle the matter amicably. In case an amicable resolution could not succeed, the dispute will be carried in front of the competent jurisdiction, the commercial court of Toulouse ( 31 ).

 

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