These terms and conditions apply to all consulting, creative, communication, event and advertising services performed by AUTOUR OF IMAGE SAS. Ordering a service involves the customer's full and unqualified adherence to these Terms and Conditions.
Is called IMAGE AUTOUR or AGENCE, the SAS AROUND OF THE IMAGE.
The person who is a signatory to the purchase order, the quote or who has served his order in writing is called a CLIENT.
The list of work requested by the Client in advance of any work done is called the list of work requested by the Client.
Is called PRESTATIONS, all services made available to the Client by the agency, namely:
These terms and conditions of sale are available on the www.autourdeliamge.com/conditions-generales-de-vente. As a result, the Client who contacts the agency is deemed to have read and accepted these terms and conditions of sale. The quotes include a link to view the terms and conditions of sales on the agency's website. The terms and conditions of sale form the legal basis of all our contracts. They defeat any contrary clauses, printed or not, proposed by the Client or taken as the basis for the drafting of his order, as long as they have not been explicitly accepted by the agency. By signing an estimate, signing a contract, using a service, the Client declares that he has been aware of these general and specific conditions, if any, and accepts all the provisions and rules established without reservation or guarantee other than those stipulated above.
Unless there is a special agreement, THE Image SAS IS bound by the orders taken by its Customers only subject to a payment of a down payment of 50% of the total amount of the quote that has been drawn up. Orders will only be taken into account when the "Order Voucher" or quote and the corresponding specifications are returned, dated, signed and preceded by the words "Good for Agreement" and, or "read and approved" by the Customer, the signatures resulting in access. terms of the estimate and validation of the specifications. All the raw materials and documents entrusted by the Client, as well as the work or services carried out by AROUND IMAGE SAS, constitute a guarantee assigned to the payment. In any event, these items may be retained or suspended if a Client's obligation is not met. The profit of the order is personal to the Customer and cannot be transferred to a third party without the permission of THE IMAGE SAS.
Any change to an order must be made in the same forms as the original order. Any cancellation of the order makes the deposit attached to it without prejudice to the additional compensation that the agency could claim in court as a result of this cancellation.
IMAGE SAS IS allowed, without written instructions to the contrary from the customer, to outsource all or a fraction of the work ordered by the customer.
The sale price is expressed in euros excluding taxes.
Invoices are payable upon receipt, unless there is a special agreement. In the absence of a settlement on the scheduled date. IMAGE SAS reserves the right to put the buyer on notice to pay the amount charged and to apply in addition to the current statutory interest rate. Any amount not paid on time, any delay in payment, or any unpaid payment (in the event of the return by the bank of the outstanding payment documents) of a sum owed by the Client, will result in the immediate suspension of the benefits, pending the regularization of the situation. This suspension cannot be a cause of liability for ONLY IMAGE SAS. The company AROUND IMAGE SAS reserves all intellectual and property rights on its production until the full payment of invoices. The payment is made at the actual receipt of the price; the surrender of a draft or any other document creating a duty to pay does not constitute a liberating payment. Otherwise, all documents must be returned to the company without delay or will be removed from public or private servers connected to the Internet. In the event that the payment delay is more than two months, THE IMAGE SAS reserves the right to take legal action. The Customer will not be able to claim compensation from AUTOUR OF IMAGE SAS due to the suspension of his services following a payment incident.
The company's quotes ARE free of charge, the projects submitted must be returned to us in their entirety (digital documents and papers) if they are not retained and remain the property of the company AUTOUR OF IMAGE SAS.
Around the Image SAS undertakes for the duration of the execution of the order, as defined by the purchase order or the signed quote, not to disclose any confidential information that would have been communicated to it by the Customer.
Around the Image SAS remains sole owner of its copyright resulting from its services. The creation and services are operated in accordance with the provisions of the order made and the legal and regulatory provisions in force at the time of the signing of the contract. Any use of the creation, not included in this contract, must be subject to prior express authorization and remuneration to be agreed upon. Technical costs associated with the delivery of source material can also be applied. The company's identification elements, including the logo, acronym, brand, packaging, must be the subject of a separate agreement providing for the terms of the assignment of the rights and the remuneration of the rights. With regard to the rights of third parties (copyright, neighbouring rights), these rights are negotiated by Around the Image SAS in accordance with the Client according to the needs of the services provided, and charged to him. In the event that other uses are considered than originally planned, Around the SAS Image will endeavour to negotiate with the third party in order to acquire the rights necessary for these uses. In return, the Customer agrees to report any use not originally planned in the order. The assignment granted above does not cover the rights of individuals (image rights, personality rights related to individuals or legal entities, for the occasional realization of particular contributions such as photography, illustration, video). These rights are negotiated by Around the SAS Image in accordance with the Customer according to the needs of the services provided and charged to the Customer. Around the SAS Image will tell the Customer the amount and limits of the acquired rights. The Client guarantees that any document communicated to ONLY OF IMAGE SAS, by him, his auxiliaries and/or his representatives is free of any copyright, belonging to a third party, which would prohibit the performance of the services promised by AUTOUR OF IMAGE SAS. The Client irrevocably agrees to pay, as guarantor, any damages that would be claimed from AUTOUR OF IMAGE SAS, for the infringement of the copyright of a third party, as a result of the performance of the services or services accepted by the client. The customer expressly authorizes THE Image SAS to rework, retouch and modify all documents provided by the client, as well as to make reproductions for the purposes of executing the order. The Client undertakes to indicate to AUTOUR OF IMAGE SAS, as soon as they are found, any infringement of the aforementioned copyrights.
Unless there is a written agreement, IMAGE SAS is not required to keep working documents, regardless of the medium (including data, negatives, models, texts, translation, films, compositions, prints and material used for the execution of the work) . For technical security reasons, this release takes effect only 10 days after the delivery of the goods. If there is an agreement on conservation, the costs of archiving, processing, formatting and editing will be borne by the client. However, due to the fragility of certain documents, for example the negative ones, THE IMAGE SAS ISNOT would be held responsible for the damage they might be subjected to.
The Customer expressly authorizes THE IMAGE SAS to use his name and products or services developed on his behalf for commercial purposes.
The Customer will make available to Around the SAS Image, in confidence, all the elements that it will be able to provide to the Image SAS and which are necessary for the knowledge of the products and services subject to the order and that of their markets. The Customer guarantees around the Image SAS all the consequences of an action that would find its source in the information provided by him about his products or services. He is therefore responsible for the information he transmits to Around the SAS Image, including the name, composition, qualities, performance of the product or service being ordered. It is also responsible for complying with laws specific to its activity. As a result, Around the Image SAS cannot be held responsible for the projects it has submitted to the Client and for which it has obtained its consent, especially in the event of liability action. The Client guarantees THE Image SAS AND will replace it in the event of legal action and/or conviction that the latter would have to bear as a result of a customer's breach of these various reporting obligations, notwithstanding the reparation of the full prejudice of THE IMAGE SAS.
Around the Image SAS should not fail in its obligation to advise. Around the Image SAS ensures that it complies with advertising regulations in the context of the campaigns and media it designs and disseminates on behalf of the Customer. Around the Image SAS cannot be held responsible for any decision made by the Customer or any third party designated by him. IMAGE SAS agrees to carry out the obligations under its charge with all the care in use in its profession and to comply with the rules of the art in force. The Customer will only be able to seek liability for THE Image SAS by proving wrongdoing, on the understanding that this liability is expressly limited to foreseeable and direct damages and may not exceed the total cost of the service. which is the cause of the damage caused. The action for reparation must be initiated within 15 days of the damaging event. The responsibility of THE IMAGE SAS can not be sought in case of force majeure.
The Client cannot take responsibility for THE IMAGE SAS or break its commitment in the event of a case of force majeure. Force majeure means any event that makes it impossible or clearly more difficult to carry out an obligation because of the unpredictable or irresistible or external nature of that event, these three criteria being alternative. such as strikes, power supply disruptions, the blocking of telecommunications and computer networks (including the connected networks of telecommunications operators), disruption of the specialized link, etc.
The fact that one of the parties did not require the application of all or part of the undertakings under these conditions, whether permanently or temporarily, cannot argue that the conditions are amended or that any rights are The other one. If any of the stipulations of these conditions were found to be null and void under a rule of law, an existing law or a court decision, it would be deemed unwritten and would not result in the nullity of the contract.
This contract is governed by French law. The parties will seek, prior to any litigation, an amicable solution to any disputes that may arise. In the absence of an amicable solution, any dispute arising as a result of the execution or breach of this contract will be subject to the sole jurisdiction of the Paris courts. This clause applies even in the case of referral, incidental request or plurality of defendants and regardless of the method and terms of payment.
Paris, June 18, 2018 - © Around the Image SAS