GTCs – Written and applied the november 11th 2018

The Publisher reserves the right to modify the present GTC at any time without notice.

 

Prerequisites

Scope

The service includes everything that is explicitly listed in the field “Nature of the service” of the contract or quote. As a corollary, she does not understand what is not explained in this same field.

Definitions

“Customer”: means the natural or legal person in whose name and on whose behalf Jérémy Aubert provides the Services defined in the Contract.

“Contract”: means all the contractual documents governing the respective rights and obligations of the Parties as part of the Services provided by Jérémy Aubert to the Client.

“Provider”: refers to the person in charge of the mission (Jérémy Aubert)

“Quotation”: refers to the financial proposal sent by Jeremy Aubert to the Client taking into account the nature of the Services envisaged.

“Parties” means Jérémy Aubert and the Client.

 

 

Orders

Traditional estimate

Any request from the customer constitutes a quote (or work order) worth the contract. It can only be written by Jeremy Aubert and sent to the customer within 5 working days (excluding periods of leave). Once the quotation is signed and sent by the customer to Jérémy Aubert, with the corresponding deposit, the request will be processed.

The provider gives himself the right to contact the customer by the means of his choice to clarify the request and / or to request additional information.

The quote has a lifespan of 3 months from the date of dispatch by the provider to the customer. After this period, a new estimate will be published at the request of the client.

The creation of the quote is free, however, from the 4th quotation generated by customer without return of signed documents within 3 months sliding (exception when VAT, see article “VAT”), a bill of 120 euros will be issued for ” management fees “. This measure aims to reduce possible abuse of requests for quotes (abusive negotiation / undecided customers / intentionally incomplete application / … etc …) aimed at reducing the provider’s tariffs too aggressively and artificially.

Jérémy Aubert reserves the right to refuse to issue a quote for any request that can not be made by the service provider (Non-exhaustive list: Outside the fields of expertise / No availability / Leave / Sickness / Equipment defective / CA ceilings exceeded / … etc …). In this case, a mail can be sent by email to inform the customer of the situation.

Any annotation by the customer on the quote (before or after its signature, whether handwritten or not) will not be taken into account in the assumption of responsibility of the project.

Any request for modification of the contract after signature by the client must be notified to the provider in writing (handwritten letter by post) to Jérémy Aubert and will be valid only after approval by the provider by signing a new estimate canceling the old or an avenant to the previous contract.

Without payment of the deposit (see article ” Rates ”), the application will not be considered viable except in the case of a ” blind contract ” on which the mention “Priority project to billing” is present . In this case (and only in the latter), the service provider will process the request (see article ” Blind Contract ”) before receiving the deposit.

In any case, without signing the quote or the blind contract, the application will not be considered viable.

Blind contract

In the event that the acceptance deadlines of a traditional quote may have a negative impact on the delivery date defined by the customer, a “blind” contract will then be offered to the customer.

This is an unencrypted contract that commits the customer to pay the sum of the days worked by the service provider (daily rate based on the tariff of 1,250 euros per day + extras). This contract must be signed by the client within 5 days to 24 hours before the project is taken over by the service provider. An invoice including all the detailed amounts will be issued upon delivery.

A deposit by transfer of a symbolic euro will be requested within 2 days of the project being taken over by the service provider. Otherwise, the provider reserves the right to “freeze” the project until payment of the deposit.

This type of contract is only applicable for the first 10 calendar days of the project.

In case of overrun before the end of the period, a traditional quote will be issued between the 1st and 5th day of the blind contract, leaving the customer a minimum of 5 days to avoid any risk of ” break ” in the project .

In the event of unforeseen overruns before the end of the period, the customer will have the choice between a traditional quotation (with a “cut-off” period corresponding to the time of signature of the contract) or a new contract blinded increased (daily rate on the base rate of 1600 euros TTC + extras).
If neither proposal is suitable for the client, the project will be delivered according to the article “Delivrables” and billing will be launched.

In the case of a blind contract, no refund in any form is possible.

The above-described terms of a blind contract are not negotiable because they are special and exceptional circumstances. This type of contract can not be required by the client and is offered only once a client.

The validity period of a blind contract before its signature is 15 calendar days from the date of its receipt by the service provider.

The costs of right to the images, external materials (royalty-free music, compositions, external 3d models, …), travel expenses, … etc. are in fact considered as extras and are due even if their value can not be devised on the blind contract. When sending the invoice, a photocopy of all invoices (or purchase tickets) is published for the customer as “proof”.

Timing

We (the provider) consider that the minimum period of contact between the customer and the provider and the return of the signed quote with his deposit is 1 week on average.
In any case, Jérémy Aubert advises potential customers to check the availability of funds before contacting them, in order to avoid any risk of exceeding the delivery date at the base of the projects.

The provider can not be held responsible for any delay due to lack of return by the customer. The dates on the quotes are for informational purposes only. The days of deficiencies worked (because of the client), move the dates of delivery or follow-up following but not those of invoicing.

For example (case of explanation only): because of an error in the invoicing of project X, 3 days of absence are created. Once the fault has been settled, the next customer follow-up date originally scheduled for March 12 is postponed to March 15th. it is the same for the delivery which is thus moved from May 7 to May 10 (3 days of deficiency + holiday of May 8). The date of dispatch of the final billing does not change, it will be sent to the customer on May 7 and will therefore be payable within a legal period of 30 days (as described in the article ” Modalities of Regulation ”).

 

Deliverables

Delivery of deliverables

The possible delivery of the sources or files of work relative to the present order will be done only in case of necessity induced by the strict exploitation of the work envisaged in the conditions of transfer or in a later endorsement.

The delivery of the deliverables is considered as made from the sending by e-mail to the customer of the last invoice as well as the summary of the files of deliverables (list and links of download). Any revisions negotiated by contract will not be considered as deliverables and are only due if the customer requests them.

Post-delivery revisions and amendments

According to the terms defined by the quote, the customer can request up to 3 revisions after delivery free of charge. Any further revision must be the subject of a new estimate.

The revisions involve only minor modifications, whether aesthetic or technical, necessary by manufacturing, legislative or budget constraints.

Physical prototypes and material goods

Objects made or manufactured by Jeremy Aubert or one of his suppliers during a project are the property of Jeremy Aubert except if it is mentioned on the quote. The customer can request the shipment as a loan (shipping costs are at his charge) or permanently (purchase at the price defined by Jeremy Aubert). In case of loan, the customer has a period of time defined by the establishment of a loan agreement. in case of theft, forgetfulness or breakage (including transport), the customer agrees to pay the price of the purchase of the object plus a fixed fine of 10% of the sum (defined by Jérémy Aubert ) of the object in compensation.
It is the same for the original drawings, illustrations, models and any physical creative material whatever the medium.

Responsibility

Jérémy Aubert’s liability is limited exclusively to the services provided. The Customer, as an experienced professional, must ensure that the products that can be derived directly or indirectly from the services provided by Jérémy Aubert are adapted. The Customer therefore remains responsible for the choice of the product and its implementation.

 

Terms of payment

Prices

The Services are provided at the rates in force on the day of placing the order, according to the quote previously prepared by Jeremy Aubert and accepted by the Customer, as indicated in the article “Orders” above. An invoice is drawn up by Jérémy Aubert and given to the Customer at each request for down payment and provision of services.

Here is for information the rate base of Jeremy Aubert:
– The services of 3D printing and Calculation / rendering CGI are listed at the price of 171 euros per day.
– Industrial design services (market analysis, creative phase, refining, development, monitoring, …), post-production (excluding VFX), graphics (excluding photography) are listed at a price of 342 euros per day.
– Modeling services (except Class A and 3D printing), CGI (except Calculation / rendering), VFX and Photography are listed at a price of 445 euros per day.
– The specialized services of Class A Modeling, Consulting or any other service not previously stated are listed at the rate of 685 euros per day.
– The services performed under a blind contract are combined at the rate of 1250 euros per day or 1600 euros per day in case of exceeding (see article “Blind contract”) because of exceptionally short time.

These rates stated above may be increased or decreased depending on the confidentiality of the project, the size of the client’s business and the time required by the client (except in the case of a blind contract).

The conditions for determining the cost of services for which the price can not be known a priori or accurately indicated will be communicated to the Customer or will be the subject of a detailed estimate, at the request of the Customer.

Commercial gestures

Possible “commercial gestures” negotiated upstream of the signature of the quote can be canceled in the event of refusal of payment by the customer (see article “Penalties of delay”). No commercial gesture may be required or requested by the customer after the signature of the quote.

Value Added Taxes

Due to the tax status of the provider’s (micro) business, the mention “VAT not applicable, art.293B of the CGI” is entered for any contract lower than 33 000 euros and before exceeding the thresholds by the provider on the whole client.

Jérémy Aubert reserves the right to modify without notice the quotations issued before their signature by the customer in case of exceeding the VAT thresholds. In the event that the quote is already signed by both parties, the payment of VAT is due to the service provider and the mention “VAT applicable to the rate of 20% (services)” as well as the amount will be annotated to invoices issued after the date of change of VAT status.

The sums presented on the contract are calculated on the basis of all taxes included (TTC) and not excluding taxes (HT). They are therefore due by the customer in integrité.

Modalities of regulation

When establishing a traditional quote, a deposit is required when placing the order and corresponds to 30% of the total price of the services ordered. A second payment of 30% of the total price of the services ordered will be required on a date defined during the quote. The rest of the payment will be due on the delivery date (as defined in the article “Deliverable” and subject to the absence of waiting days as described in the article “Delays”) and within 30 days (Article L. 441-6, amended Article 2 of the Law of May 15, 2001). This past period, the Customer will be liable for late penalties set below. Jérémy Aubert will not be required to provide the services ordered by the Customer if he does not pay the price under the terms and conditions indicated in these Terms and Conditions, including the payment of the down payment. No discount will be charged by Jérémy Aubert for payment in cash or in a period inferior to that appearing in these General Conditions of Sale or on the invoice issued by Jérémy Aubert.

When drawing up a blind quote (see article “Blind quote”), a deposit of 1 euro symbolic is required within the first 2 days of the project being taken over by the service provider. The rest of the payment will be due on the delivery date (as defined in the article “Deliverable” and subject to the absence of waiting days as described in the article “Delays”) and within 30 days (Article L. 441-6, amended Article 2 of the Law of May 15, 2001). This past period, the Customer will be liable for late penalties set below. Jérémy Aubert will not be required to provide the services ordered by the Customer if he does not pay the price under the terms and conditions indicated in these Terms and Conditions, including the payment of the down payment. No discount will be charged by Jérémy Aubert for payment in cash or in a period inferior to that appearing in these General Conditions of Sale or on the invoice issued by Jérémy Aubert.

Late penalties

The sums due by the Customer are calculated on the basis of the price All Taxes included on the invoice and not on the price excluding taxes. Any late payment may give rise to late penalties automatically due and automatically acquired to Jeremy Aubert, without any formality or prior notice, and will result in the immediate payment of all amounts due to Jeremy Aubert by the Customer, at the rate of 10% of the total invoice per month of delay (fight against late payments / Article 53 of the NRE law), without prejudice to any other action that the Provider would be entitled to bring, as such , against the Customer. In case of non-compliance with the payment conditions listed above, Jérémy Aubert also reserves the right to suspend the performance of its obligations and to cancel or reduce any discounts granted to the latter. Any non-performance by the customer, in whole or in part, of his payment obligations or any delay, will result in a lump-sum indemnity of 40 euros for recovery costs provided for by articles L441-6 and D441-5 of the French Commercial Code, it being specified that this Compensation is not limited to the amount of other costs that could be incurred by Jeremy Aubert for the recovery of his invoices.

Cancellations

In case of cancellation of the order by the Customer, notified in writing by registered letter with acknowledgment of receipt, after its acceptance by Jeremy Aubert, for whatever reason, except the force majeure, the deposit paid to the order, as defined in the “Orders” section of these T & Cs, as well as the various payments made by the Client to Jérémy Aubert, provided at the time of the signature of the estimate, will be automatically acquired by Jérémy Aubert and can not give rise to any refund.

Force majeure

The execution by the Parties of all or part of their obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which interferes with or delays the execution. Are considered as such in particular, without this list is limiting, war, riots, insurrection, social unrest, strikes of any kind, supply problems Jeremy Aubert, etc. In the event of a fortuitous event or force majeure, Jérémy Aubert will inform the Customer as soon as possible and at the latest within seventy-two (72) hours. This suspension does not apply to payment obligations. In the event that this suspension continues beyond a period of ten (10) business days, the Customer will have the possibility to cancel the current order.

Lawsuit

Any legal action will be carried out at Chambery’s commercial court located at 12 Boulevard de la Colonne – 73008 CHAMBERY CEDEX and this regardless of the address or the registered office of the client.

 

Confidentiality

Conditions of duration

This confidentiality clause is valid only if it is explicitly visible and in the conditions of duration defined by the estimate signed between the parties (Reminder: On the day of delivery / Delivery up to 3 months / Delivery up to ‘to 1 year / Without deadline).

Terms and scope

It is intended to apply to all information exchanged between Jeremy Aubert and the Customer tending to the execution of the service (s) of service (s) requested by the latter. “Information” means those communicated in the technical, scientific, industrial, commercial, or any other area including the service provided, on any form of support. The Service Provider and the Customer must take all necessary measures to ensure that the confidential information of each is neither disclosed nor assigned to third parties during this period. The Service Provider and the Customer will only use the confidential information for the purpose of performing the service requested by the Client.

Exclusions

The obligations of this clause do not apply to information:
– which are or subsequently fall into the public domain without there being any non-fulfillment of the obligations on the part of the receiving party;
– which are known or made known to the public without the fault of the party receiving them;
– which are known to the Party receiving them before the Party disclosing them has communicated them;
– which are brought to the notice of the receiving Party by a disclosure from a third party entitled to disclose it;
– which are developed by the Party receiving them independently of the information received from the Party disclosing them.

Ownership of information

The confidential information exchanged remains the exclusive property of the parties from which it emanates, unless otherwise stipulated or if the information requires the performance of the service, and the resulting product / project is accepted or not by the Customer.

 

 

Copyright and intellectual property

Assignment of rights

In accordance with the CPI (Articles L. 121-1 to L. 121-9), the client will be assigned to the client for the work described only the economic rights explicitly stated in the conditions of assignment, to the exclusion of all others, and this, within the limits therein also. It is recalled that the moral right of a creation (including among others right to respect for the work and right to respect the name) remains attached to its author perpetually and imprescriptible. Any representation or reproduction in whole or in part without the consent of the author or his successors in title is unlawful and punishable under the laws relating to the offense of counterfeiting. It is the same for translation, adaptation or transformation, arrangement or reproduction by any art or process (Article L. 122-4 of the CPI).

All production and rights pertaining thereto, subject of this order, remain the sole and exclusive property of Jérémy Aubert as long as the invoices issued by Jérémy Aubert are not paid in full by the client company, up to the amount of overall amount of the order and any amendments concluded during the performance. As a corollary, the client company will become de facto owner of the ceded rights from the final settlement and payment of all the invoices issued by Jérémy Aubert as part of the order.

The study, the drawing, the model, or any other file or copy, made by Jérémy Aubert at the Customer’s request, and which will be accepted and validated by the latter, are the property of Jérémy Aubert unless it is made mention on the quote. The customer can request the final shipment (purchase at the price defined by Jeremy Aubert).

Only the files defined at the quotation and transferred as deliverable (see article “Deliverables”) will automatically become the full property of the customer from the last payment of the price, fixed on the quote and / or invoice and accepted contradictorily between them.

The rights of reproduction and representation of the project retained by the Customer, will thus automatically be transferred to the latter, on the day of full payment of the price.

Responsability

The client company assumes full responsibility for the choices made in terms of textual and iconographic content contained in the project delivered by Jeremy Aubert, as well as for the exploitation that will be made of it, and in particular its compliance with the regulations in force. force. It also assures that it owns the rights necessary to exploit all the creative textual and iconographic elements provided by it to Jérémy Aubert within the framework of its mission, and guarantees Jérémy Aubert against any third party complaint concerning the violation of the rights of these elements. .

Elements not retained by the client

Studies, drawings, models, prototypes, or any other project that have not been retained by the Client will remain the property of Jérémy Aubert.

In the event that the Customer subsequently wishes to operate a project that he / she does not retain at the end of the Service provided, Jérémy Aubert agrees to negotiate, if he / she wishes, an assignment of intellectual property.

The Customer is therefore prohibited any reproduction or exploitation of the said studies, drawings, models, prototypes, or any other project, which he would not have accepted, without the express prior written authorization of the Provider, who reserves the right to make it conditional on a financial contribution.

Patents

Unless agreed by agreement between the two parties and appearing on the invoice (or endorsement), any patentable innovations conceived by the service provider during the contract remain the exclusive and exclusive property of Jérémy Aubert.

Third Party

The Customer guarantees that any document communicated to Jeremy Aubert is free of any rights belonging to a third party, which would prohibit the performance of services. The Customer irrevocably undertakes to pay, as guarantor, all damages and interest that would be claimed by Jérémy Aubert, for the violation of the rights of a third party as a result of the performance of the Services.

Use by the provider

Jérémy Aubert reserves the right to use or reproduce the image, the drawing, model, prototype, photograph, without this list being exhaustive, of the product object of the final service performed by him on behalf of the Customer, on its website or on any material support (flyers, etc.) or intangible (social networks) in order to publicly expose its know-how.

Except if explicitly defined during the contract, Jérémy Aubert reserves the right to mention its realization for the client company as a reference and to quote textual or iconographic extracts of the works concerned in the strict framework of his steps of commercial prospection, external communication and advertising. Any reservation to the advertising rights of Jeremy Aubert must be notified and negotiated before the signature of the quote and mentioned on the invoice.

 

 

Additional legal notices

Litigation and Jurisdiction

Any disputes that may arise between the Parties concerning this contract, its validity, its interpretation, its execution or its termination, will be subject to an amicable negotiation between the Parties, prior to any referral to the state judge, in a spirit of loyalty and good faith in order to reach an amicable agreement. The Party wishing to implement the negotiation process shall inform the other Party by registered letter with acknowledgment of receipt or email indicating the elements of the dispute. In the absence of any amicable agreement, all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the Commercial Court of Chambery.

Language of the contract and applicable law

By express agreement between the Parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

Customer acceptance

These General Terms and Conditions of Sale are expressly agreed and accepted by the Customer upon acceptance of the Statement prepared by Jeremy Aubert, who declares and acknowledges having perfect knowledge of it, and therefore waives any contradictory document and in particular, its own terms and conditions of purchase, which will not be binding on Jérémy Aubert, even if he became aware of them. The fact that Jérémy Aubert does not prevail, at a given moment, with any of the contractual provisions can not be interpreted as a renunciation to avail himself of them later.