These General Conditions of Sale of Services, hereinafter referred to as "The Contract", are concluded between the company of Mr Théo Baronnat (named DreamSys , SIREN 808672869), whose registered office is located at 4 route de Vignières, 74000 Annecy, hereinafter referred to as "The Service Provider", and any natural or legal person wishing to benefit from the services of the DreamSys company , hereinafter referred to as "The Customer".
ARTICLE 1 – PURPOSE OF THE CONTRACT
The contract establishes the commercial relationship between the service provider and the Client.
The service provider offers to perform IT services at the request of the Client, individual or company. Prior to any intervention, the date and forecasts of the intervention will be agreed when the parties make contact, after having answered the questions of a technical pre-diagnosis allowing the conditions of the service to be determined.
Article 2 – APPLICATION OF THE GENERAL CONDITIONS
These general conditions of sale are brought to the attention of the Customer: all the clauses and conditions are considered known and expressly accepted by the Customer at the time of acceptance of the quote, and even if the latter has not formally affixed his signature hereto. Consequently, the fact of accepting the service provider's quote implies full acceptance of these general conditions of sale.
ARTICLE 3 – CONTRACTUAL RELATIONS
No phone call or meeting is worth a commitment; requests for services must be submitted by the Client to the service provider by email or post. The obligations between the parties arise from the signing of an order form issued by the Customer or from the dated and signed return of the estimate and/or the invoice that the service provider will have sent to the Customer accompanied by his first deposit. The service provider will not start any development before receiving these documents; this provision is an essential element of the contract.
ARTICLE 4 – FORMATION OF THE CONTRACT-ORDER
The formation of the contract is carried out exclusively by the return of the estimate bearing the mention "good for agreement" by mail to the following address: Théo Baronnat, 4 route de Vignières 74000 Annecy , or by e-mail to the following address: contact @theo-baronnat.fr .
The return by e-mail of the express acceptance of the quote by the Customer to the service provider constitutes irrevocable consent to the contract and validation of the prices communicated. Orders will only be taken into account upon return of the signed estimate bearing the mention “good for agreement”, as well as upon receipt of the deposit of 30% of the total price.
It is up to the Client to send all necessary documents to the service provider such as texts, photos, logo, etc. concerning the realization of his project. Unless otherwise stated, services such as typesetting, photographs and illustrations of all origins, archival documents, etc., which may be necessary for carrying out the work, are not included in the package, and are not included in the prices indicated except otherwise stated. Additional requests must be the subject of a quote signed under the same conditions as the previous one. Once the estimate has been accepted, any order cancellation requested by the customer cannot be taken into consideration, and the deposits paid will be kept as compensation for the efforts and proposals made.
ARTICLE 5 – PAYMENT CONDITIONS
The services must be paid to the service provider on the dates mentioned on the estimate and/or the Customer invoice. The Customer undertakes to respect payment dates; this provision is also an essential element of the contract.
ARTICLE 6 – FORCE MAJEURE
The parties cannot be held responsible or have 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 that generated the force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, despite reasonably possible efforts to prevent them. Are also considered as cases of force majeure, 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 the force majeure shall notify the other within five (5) working days following 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 or not.
ARTICLE 7 – EXTERNAL ELEMENTS AND SERVICES
Miscellaneous elements that may be necessary for the performance of the service provider's services and not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks. The same applies to printing and/or internet hosting costs. The payment of these will be made by the Customer directly to the supplier and external service provider.
ARTICLE 8 – COMPLETION TIMES
The lead times are defined when the order is taken, or failing that, when the quote is signed. The Customer is responsible for providing all the data and information (content, text, photos, graphic charter, etc.)
The service will be deemed to have been accepted by the Customer if the latter makes no reservations upon receipt of the service five working days after receipt of the letter, email or fax confirming delivery of the service.
The signature by the Customer of this contract constitutes the starting point for the payment of the deadlines. The modifications requested by the Customer within the framework of the service must imperatively be the subject of a written request sent by e-mail or post. Otherwise they will not be taken into account by the designer.
ARTICLE 9 – PAYMENT TERMS
Down payment: 30% down payment upon signature of the estimate
Balance: 30 days net from invoice date unless otherwise indicated
Any late payment will give rise to late payment penalties calculated according to the legal rules in force.
Payment is made by bank transfer or by check payable to DreamSys .
In the absence of payment within the deadlines appearing on the invoices, it will be applied to the Customer, in accordance with the law, penalties for delay at the rate of three times the legal interest rate (Commercial Code article 441-6 paragraph 12) as well as a recovery indemnity of a lump sum of 40 euros. No discount for early payment is granted.
ARTICLE 10 – PROPERTY OF THE PRODUCTION
The entire production, subject of this order, remains the full and exclusive property of the service provider as long as the invoices issued by the company " DreamSys " are not paid in full by the Customer, up to the total amount of the order. and any amendments concluded during the service. As a corollary, the Customer will become the de facto owner of the production from the final payment of all invoices issued by the service provider within the framework of the order.
ARTICLE 11 – DELIVERY OF WORKING DOCUMENTS
Unless otherwise stated, the intermediate working documents and the products developed will be delivered to the Customer by hand, by post or electronically.
ARTICLE 12 – COPYRIGHTS AND LEGAL NOTICES
Unless explicitly stated otherwise by the Client, the service provider reserves the right to include in the production a commercial statement clearly indicating its contribution, in the form of a statement of the type:
"design: theo-baronnat.fr, when it concerns graphic design services,
“development: theo-baronnat.fr, when it concerns development services,
“design: theo-baronnat.fr”, more generically when it comes to a global service.
ARTICLE 13 – RESPONSIBILITY AND OWNERSHIP OF CONTENT
The Customer, represented by the signatory of this order, acknowledges and assumes full and entire responsibility for the choices made in terms of textual and iconographic content, appearing in the work delivered by the service provider.
The Customer, represented by the signatory of this order, acknowledges having read the warnings issued by the legal representatives of the service provider, concerning copyright and intellectual property laws, and the penalties that may be incurred for their violation. .
ARTICLE 14 – PUBLICITY RIGHTS
Unless explicitly stated otherwise by the Client, notified by letter with acknowledgment of receipt, the service provider reserves the right to mention its creation for the Client company as a reference within the framework of its commercial prospecting, external communication and advertising initiatives.
The Customer, represented by the signatory of the order, authorizes the service provider, through its legal and commercial representatives, to use the realization for purely demonstrative purposes. This authorization extends more particularly to the constituent elements of the production, including without restriction the public presentation of both textual and iconographic content.
ARTICLE 15 – WARRANTY
The services and services provided by Theo Baronnat are guaranteed for a period of 2 (two) months from the final delivery date (put into production or final delivery of the product or services carried out by Theo Baronnat). Beyond these 2 months, Theo Baronnat disclaims all liability and cannot be held responsible for any malfunction relating to the services provided.