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General Terms and Conditions of Sale

Between the company Éclats, 145 route des Vignes 47130, SIRET 930 471 131 00019, represented by Maxime and Mélusine Bonzi, in their capacity as directors, duly authorized for the purposes hereof.

The company can be contacted by email; hello@eclats.eu
and via the section WORKING TOGETHER

Hereinafter referred to as the company Éclats "The Service Provider"
On the one hand,

And the individual or legal entity purchasing services from the company,
Hereinafter referred to as "The Client" on the other hand, 

It has been stated and agreed as follows:

Preamble

The client acknowledges having read, at the time of placing the order, the General Terms and Conditions stated on the website https://www.eclats.com. Any order placement constitutes acceptance of these general conditions without any reservation. 

1. Target Audience

The company Éclats offers marketing and communication services, ranging from the design and implementation of strategies to the creation of photo, video, and editing content, for businesses. 

2. Purpose

The purpose of this contract is to define the general conditions for the execution of services by the service provider for the benefit of its clients. A quote and a brief (or specifications) complement this contract, defining by agreement between the parties: the client, the service provider, the details of the mission, as well as the agreed price. The terms in the quote or proposal shall prevail over these general conditions.

3. Obligations

For the fulfillment of the services provided, the service provider commits to the execution of the service. This obligation is, by express agreement, only a pure obligation of means. The client will make available to the service provider all information that may contribute to the proper execution of the object of this contract. Any document provided by the client that is unreadable, damaged, unsuitable, or cannot be processed will result in the cancellation of the contract.

4. Rates and payment terms

The price of the order is determined according to the type, complexity, and duration of its execution. The quote and the invoice for the balance recalling the object of the order will be sent by email to the service designated by the client. Subject to the special conditions stated in the quote, payment will be made as follows: a deposit of 50% or a total payment will be required before any production begins. The staggered payment and/or the balance must be paid no later than the dates indicated by the service provider. Payments will be made by the payment methods designated in favor of the Service Provider. The prices displayed are excluding tax, in euros, applicable VAT. 

5. Progress of the service

For the proper functioning of the service, a first proposal will be sent within the week after receipt of the deposit. Upon receipt of the proposal by the client, they have a period of 1 to 5 working days to provide their suggestions and comments to advance the service.

6. Execution of the order

The service provider agrees to carry out the elements of the order defined in the quote and/or proposal, the conditions of which will have been defined in agreement with the client and the experience of the service provider. The service provider is free to define the organization of their working hours based on their schedule and the methods of executing the service. 

7. Delivery and Billing

The delivery time for the service indicated at the signing of the quote is given only as an indication and is not guaranteed in any way. A delivery may also be earlier or later than the delivery date planned by the service provider; in this case, the client will be notified. Delivery and billing are done to the email address provided by the client. Any additional requests that result in changes to the specifications initially planned at the signing of the quote will incur additional charges.

8. Late Penalty

In the event of non-payment and after 3 reminders by email or phone, a penalty of 1% of the amount per day of delay will be implemented until the completion date of the work. In the event of late payment, the service provider reserves the right to suspend or cancel ongoing orders and to demand payment of all their due or future receivables, by right.

9. Confidentiality Rules

Each party agrees to keep strictly confidential all common information that may be exchanged during the execution of the service, whether technical, commercial, economic, or of any other kind. The service provider will not be held responsible if information is disclosed in the public domain by a third party before or after the date of execution of this contract.

10. Authorizations

For the purposes of its communication, the client authorizes the service provider to publish one or more previews of the finalized service on its website or any other communication medium, accompanied by mentions regarding its origin. The client may submit a request by mail or email to the service provider to have all mentions of this contract removed.

11. Ownership

In accordance with the CPI (articles L.121-1 to L. 121-9), only the property rights explicitly stated in the transfer conditions will be transferred to the client for the described work, excluding any others, and within the limits specified therein. It is reminded that the moral right of a creation (including the right to respect for the work and the right to respect for the name) remains permanently and inalienably attached to its author. Any full or partial representation or reproduction made without the consent of the author or their rights holders is illegal and punishable under copyright laws. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process (art. L. 122-4 of the CPI). The entirety of the production and the rights related to it, subject to this order, remains the entire and exclusive property of the service provider as long as the issued invoices are not fully paid by the client, up to the amount effectively owned of the rights transferred from the final payment and settlement of all invoices issued by the service provider in the context of the order. The potential delivery of source files or working files related to this order will only occur if necessary for the strict exploitation of the work as provided in the transfer conditions or in a subsequent amendment.

12. Protection and Archiving

The service provider will implement all means at their disposal to take care of and preserve the computer files and other documents entrusted to them by the client for the execution of their service. However, given the risks of damage or deterioration associated with this type of medium, it will be the client's responsibility to protect themselves by any means they deem appropriate. The client agrees that the service provider will not incur any liability for any loss of profits, business disruption, claims that the client may suffer, or claims made against the client by any third party. The client is deemed to have accepted the delivered product knowingly, and the service provider cannot guarantee the integrity or confidentiality of the data against an external attack that could jeopardize it. It is agreed that the client waives any recourse. 

13. Termination and Compensation

Failure to comply with the rules of this contract will result in its termination without prejudice to damages and interest one month after formal notice by registered letter with acknowledgment of receipt. The service provider will retain the amounts acquired as compensation for the time, provided drafts, and expenses incurred for the execution of the service. The client may keep and use the elements of the order that have been sent to them up to that point.

14. Claims and Warranty

The client has a period of 7 days to make any claims regarding the services performed. This period begins from the day of receipt of the work (postmark as proof, hand delivery, email). Beyond this period, the service is considered satisfactory and accepted.

15. Processing of Personal Data

In accordance with Article 40 of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the client has the right to access, modify, and delete data concerning them. To exercise these rights, the client will contact the service provider directly by mail or email.

16. Competent Jurisdiction

Any dispute relating to the interpretation and execution of these general conditions is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Tribunal de Grande Instance of Agen.

Updated on November 19, 2024