Contents
#1 Preamble
The Service is provided by L'EQUIPE CREATIVE, a limited liability company with capital of 1,000 euros, registered in the Paris Trade and Companies Register under number 840 493 928, , with its registered office at 17 rue des petits carreaux, 75002 Paris and represented by its President, Ms Salomé Amar (hereinafter referred to as " L'EQUIPE CREATIVE " or the " Service Provider ").
#2 Definitions
For the purposes of these terms and conditions, the terms defined below, both in the singular and plural, shall have the following meaning:
"Client": Any legal entity, acting within the framework of its professional activity, having requested the Service Provider to provide a Service, in application of the present Terms and Conditions.
"Provider": The company L'EQUIPE CREATIVE, a limited liability company with a capital of 1,000 euros, registered in the Paris Trade and Companies Register under number 840 493 928, , headquartered at 17 rue des petits carreaux, 75002 Paris.
"Service": All the products and services offered for sale by the Service Provider following the Client's order, under the conditions set out herein.
#3 Purpose of the service
The purpose of these terms and conditions is to define the legal and financial framework within which the relationship between L'EQUIPE CREATIVE and the Customer will operate. They are not intended to define the detailed technical characteristics of L'EQUIPE CREATIVE's work with the Customer, insofar as these are mentioned on lequipecreative. com in the detailed description of the Services, or are the subject of an estimate accepted by the parties.
#4 General Provisions
L'EQUIPE CREATIVE is a company specializing in website and e-commerce design, graphic design, digital content creation, as well as consulting and project management.
The Customer, beneficiary of the present general terms and conditions, wishes to use the services of THE CREATIVE TEAM to perform a certain number of Services that he will have defined beforehand on the website lequipecreative.com or by direct contact with one of the members of THE CREATIVE TEAM.
Prior to accepting these general terms and conditions of sale, the Client acknowledges having read and accepts without reservation the commercial proposal, the detailed description of the Services as well as the financial conditions applied by THE CREATIVE TEAM and mentioned on the quote.
The performance of the Services is subject to these General Terms and Conditions. They may be supplemented by special terms and conditions agreed between the Service Provider and the Client.
These general conditions of sale are systematically appended to any contract and will prevail, if necessary, over any other version or any other contradictory document. They apply, without restriction or reservation, to all Services provided by the Service Provider to Clients, regardless of the clauses that may appear on the Client's documents.
The Service Provider reserves the right to modify them, it being specified that the applicable general terms and conditions of sale are those in force on the day of the order.
#5 Customer order
On the basis of specifications provided by the Customer, L'EQUIPE CREATIVE will draw up a commercial proposal including all the Services and related costs. If this proposal is approved by the Customer, the latter must validate the quote drawn up by L'EQUIPE CREATIVE by completing and signing the form at the bottom of this page.
Once a period of 10 working days has elapsed without any response from the Client after the commercial proposal has been sent by L'EQUIPE CREATIVE, the orders will be subject to acceptance by L'EQUIPE CREATIVE.
Under no circumstances shall the CREATIVE TEAM be able to start any Service without having received the deposit mentioned in the quotation.
#6 Benefits
The Service whose realization is entrusted to THE CREATIVE TEAM appears on lequipecreative.com in the detailed description of the Services, and/or on the estimate accepted by the parties.
This includes a one-hour telephone meeting to take the brief and scope the request ("BRIEFING MEETING"), a videoconference meeting to present the Notion dashboard, on which all the elements needed to create the site will be centralized ("STARTING MY PROJECT MEETING"), a one-hour videoconference meeting to present the first version of the site ("DELIVERY MEETING V1") , and a final one-and-a-half-hour videoconference training meeting ("TRAINING MEETING AND GOING ONLINE").
Between appointments, the customer can contact the project manager at any time on Notion, or book an extra appointment of around twenty minutes to ask any questions.
Once the Service has been finalised and sent to the Client ("Version 1"), the latter may request adjustments from the CREATIVE TEAM, which shall send a new version to the Client, taking into account the requested modifications ("Version 2") . If changes to the design and/or content are requested by the Client after this second version, they will be subject to a maintenance package to be subscribed to on lequipecreative.com.
All requests for additions and/or modifications not provided for in the initial specifications drawn up during the "BRIEF RENDEZ-VOUS " and not mentioned in the estimate, will be subject to additional invoicing on estimate.
Any additional appointments requested by the CLIENT (e.g. recurring items lasting more than 20 minutes) will be invoiced at an additional rate of 90 euros per hour, excluding VAT.
Any modification requested by the customer after the "TRAINING AND ONLINE MEETING " will be considered as maintenance, and will be invoiced at 90 euros per hour, excluding VAT, or by quotation.
Likewise, any additional Services made compulsory to ensure the effective performance of the Services initially ordered, due solely to the CUSTOMER's fault, will be subject to additional invoicing based on an estimate.
The creation of content is to be provided by the Customer (photos, texts, videos). Any creation of content provided by the CREATIVE TEAM will be invoiced on estimate.
L'EQUIPE CREATIVE undertakes to train the customer in the use of his site during the "TRAINING AND ONLINE OPERATION MEETING" and to provide him with a document summarizing the main operating principles of his backoffice.
#7 Client Commitments
The Customer undertakes to comply with the provisions of these General Terms and Conditions of Sale.
The Client undertakes not to disrupt or hinder the smooth running of the Service.
The Client undertakes to provide the exact information necessary for the execution of the Service. Any exchange between the parties concerning the execution of the Service constitutes admissible evidence that can be used as evidence in legal proceedings.
The Customer undertakes to pay the sums due, in accordance with his Order. The Customer is responsible for the payment of his Order. The Customer is also responsible for the payment made on behalf of a minor, or a third party.
The client guarantees to L'EQUIPE CREATIVE that it holds all rights on any editorial content that may be transmitted to it in the context of the execution of the present contract.
The Client undertakes to make strictly personal use of the Service provided. The resale of the Service to a third party is strictly prohibited.
Once the Service has been performed, the Client undertakes to include the name "THE CREATIVE TEAM" in the digital creation developed by the Service Provider and which is the subject of the Service.
The Customer undertakes to provide any proof of identity if THE CREATIVE TEAM deems it reasonably appropriate and necessary.
#8 Delivery times
The CREATIVE TEAM undertakes to respect the delivery deadlines of the various Services as mentioned in the commercial proposal accepted by the Client.
The deadline begins to run on receipt of all the information requested by the customer following the "RENDEZ-VOUS DÉMARRER MON PROJET", which the customer must provide in the Notion dashboard provided for this purpose.
In the event that some of the Client's requests would require a longer completion time than that provided for in the specifications, for a reason beyond the Service Provider's control, the CREATIVE TEAM will inform the Client as soon as possible, without the Client being able to engage the responsibility of the CREATIVE TEAM.
#9 Prices and terms of payment
The rates of L'EQUIPE CREATIVE are those applicable on the date of receipt of the invoice accepted by the Customer or the offers mentioned on the website www.lequipecreative.com subscribed by the Customer.
Each commercial proposal will include a price relating to the Services ordered by the customer.
All orders must be accompanied by a deposit, the value of which is specified on the quotation. In the absence of express mention, this deposit will be worth 50% of the total amount of the order, including VAT. The balance of the payment must be made before the "TRAINING AND ONLINE MEETING ", when the customer will take control of his site.
The Customer may not defer payment of the Service ordered from L'EQUIPE CREATIVE due to failure to complete the Service within the time specified in the quote, and for a reason attributable to the Customer, such as failure to transmit elements requested by L'EQUIPE CREATIVE and necessary for the completion of the Service.
#10 Supplementary Billing
Any additional Services ordered by the Client or made necessary by the Client, will be subject to additional invoicing.
Additional Service means any Service or/and service not included in the initial quote but nevertheless requested by the Client by e-mail, and which has been the subject of a commercial proposal from THE CREATIVE TEAM.
The Customer must notify L'EQUIPE CREATIVE of any complaint and/or dispute concerning an invoice supplementary to the initial order by e-mail to contact@lequipecreative.com within a maximum period of 7 days from receipt of the said invoice.
#11 Performing the service
The Service is deemed to have been completed once Version 1 or 2 of the Service has been sent to the Customer by the Service Provider, depending on any adjustments which may be requested by the Customer and which are included in the Service, and this within the specified timeframe.
#12 Late Penalties
In the event of late payment and payment of the sums due to THE CREATIVE TEAM beyond the deadlines set forth above and/or in the quote, late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus TEN (10) percentage points of the amount including tax of the price appearing on the invoice, shall automatically and ipso jure be acquired by THE CREATIVE TEAM without any formality or prior formal notice.
Finally, a fixed indemnity for collection costs, in the amount of 40 € shall be due in addition, by right and without prior notice.
The CREATIVE TEAM reserves the right to request additional compensation from the Client if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.
The extension of a non-payment of an invoice more than one month after its date shall result in :
The suspension of any subsequent performance, by right and at the discretion of THE CREATIVE TEAM;
All other invoices not yet due shall become immediately payable by operation of law, with the application of the aforementioned late payment interest as from the date of immediate payment;
As from the intervention of any auxiliary of justice or jurisdiction, the application of a lump-sum indemnity of 15% before tax of all sums due as a penalty clause, without prejudice to any damages.
It is specified that a payment is only deemed to have been made by its actual receipt to the credit of the bank account of THE CREATIVE TEAM, and from the latter. The handing over of any bill of exchange or equivalent promise of payment does not constitute a payment within the meaning of this article.
#13 Modification and cancellation of order
All requests for additions and/or modifications not provided for in the initial specifications will be subject to additional invoicing on quotation.
The CREATIVE TEAM can in no case be held responsible if it is impossible to modify an order.
In the event of cancellation of the order by the Client after acceptance of the quotation by the parties, for any reason whatsoever except for force majeure, the deposit paid with the order, as defined in the article "Prices and terms of payment" of these General Terms and Conditions of Sale, shall be automatically acquired by the Service Provider and may not give rise to any reimbursement whatsoever.
#13 Modification and cancellation of order
All requests for additions and/or modifications not provided for in the initial specifications will be subject to additional invoicing on quotation.
The CREATIVE TEAM can in no case be held responsible if it is impossible to modify an order.
In the event of cancellation of the order by the Client after acceptance of the quotation by the parties, for any reason whatsoever except for force majeure, the deposit paid with the order, as defined in the article "Prices and terms of payment" of these General Terms and Conditions of Sale, shall be automatically acquired by the Service Provider and may not give rise to any reimbursement whatsoever.
#14 Confidentiality
The CREATIVE TEAM will consider as strictly confidential, and will not disclose any information, document, data or concept, which it may have knowledge for the realization of the Service. However, the CREATIVE TEAM shall not be liable for any disclosure if the disclosed elements were in the public domain at the date of disclosure, or if the CREATIVE TEAM had knowledge of them or obtained them from third parties, by legitimate means.
#15 Illegal Content
Except in the case where it would have been duly informed of the existence of illegal content within the meaning of the legislation in force, and would not have acted promptly to remove it, the CREATIVE TEAM cannot be held responsible for the Content put online by the Customer.
The Customer expressly acknowledges that he remains solely responsible for the content he disseminates and the consequences of its dissemination.
L'EQUIPE CREATIVE does not endorse any content, or any opinion, recommendation or advice expressed therein, and L'EQUIPE CREATIVE expressly disclaims any liability with respect to such content.
The Client declares and guarantees that it has all the rights, licences, consents and authorisations necessary to put its content online within the framework of the present contract.
#16 Responsibilities
L'EQUIPE CREATIVE cannot be held responsible for any delay or damage of any kind whatsoever, related to a malfunction of the Internet. Similarly, L'EQUIPE CREATIVE shall not be liable for any direct or indirect damage, and in particular material damage, loss of data or program, any loss of customers or commercial reputation, financial loss, which would result either from inappropriate use of the computer tools available to the Customer, or from illegal intrusion by a third party.
#17 Force majeure
The CREATIVE TEAM shall in no case be held responsible if it is unable to meet any of its commitments or contractual deadlines due to force majeure.
In particular, are expressly considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, the blocking of telecommunications, war, riots, strike, fire, explosion, flood, cyclone, earthquake, sabotage, theft, hacking or any other event beyond the control of the provider and likely to jeopardize the execution of the contract. If a deposit has been paid by the Client, it will be returned to him.
#18 Intellectual Property
It is agreed between the Parties that no agreement shall result in any assignment of intellectual property rights by either Party to the other Party with respect to the intellectual property that may be implemented under this Agreement.
Each party undertakes to respect the other party's full rights to its trademarks, distinctive signs, names and, in particular, to refrain from causing any confusion in the public mind for any purpose whatsoever, and by any means whatsoever.
Each party shall refrain from registering in any territory whatsoever and for any goods or services whatsoever a trademark, distinctive sign or name identical, similar or competing with a trademark, distinctive sign or name belonging to its co-contracting party. It is specified that at the end of the contract, for any reason whatsoever, neither party may claim any right whatsoever over the trademark(s), distinctive signs and names of its co-contracting party and that each party must cease all use of the trademark(s), distinctive signs or names of its co-contracting party.
#19 Personal data
These General Conditions are governed by French law.
The Client who wishes to sue for any reason whatsoever, undertakes to inform the creative team beforehand, and to make its best efforts to settle the dispute amicably.
If no agreement can be reached, disputes will be brought before the Commercial Court of Paris.
#20 Disputes and Litigation
The personal data collected from the Clients are subject to computer processing by the Service Provider. The processing of this data is carried out in accordance with the applicable regulations on the protection of personal data, including in particular Regulation (EU) 2016/679 of 27 April 2017 known as "RGPD" and Law No. 78-14 of 6 January 1978 relating to computers, files and freedoms, known as the "Data Protection Act".
The personal data are recorded in his Customer file and are essential for the processing of his order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.
The data controller is the Service Provider. Access to the personal data will be strictly limited to the employees of the data controller, who are authorised to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of outsourced tasks, without the Client's authorisation being required. In the context of the performance of their services, the third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Client, unless compelled to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.
In accordance with the applicable regulations, the Customer has a right of access, rectification, deletion and portability of the data concerning him/her, as well as the right to oppose the processing for legitimate reasons, rights that he/she may exercise by contacting the data controller at the following postal address: 28 rue des petits champs 75002 Paris. In the event of a complaint, the Customer may submit a complaint to the Commission Nationale de l'Informatique et des Libertés.