Please enable JS

LEGAL CONDITIONS

(Applicable from 01/02/2023)

ARTICLE 1 : OBJECT

ZERO ONZE STUDIO's main activities are Graphic Design, Web Design, Motion Design, Branding, Photography and Video Production.

These General Conditions of Sale (“GTC”) apply to delivery and invoicing, by ZERO ONZE STUDIO, of the graphic design services listed in its PRICES, to Customers. The signature by the Customer of any estimate or contract emanating from ZERO ONZE STUDIO implies acceptance of these GCS and PRICES in force on this date in their entirety, and this notwithstanding any contrary clauses appearing on all types of documents emanating from the Customer.

The term “Client” designates any legal or natural person, having required the services of ZERO ONZE STUDIO for any creation within the framework of the skills and main activities of the studio. The term “Third Party” refers to any natural or legal person non-party to the contract. The term "Provider" refers to ZERO ONZE STUDIO. The term "Services" refers to all graphic design services offered by ZERO ONZE STUDIO, as part of these activities.

Siret number 515 322 741 00023

As a self-employed company ZERO ONZE STUDIO is not subject to VAT.

Headquarters: 27, rue Jules Michelet 78280 Guyancourt

Phone: +33 (0)6 17 82 74 74

contact@zeroonze.studio

www.zeroonze.studio

ARTICLE 2 : PRICING

The prices appearing on the estimate are valid for one month from the date of publication thereof.

The hourly rate of ZERO ONZE STUDIO is €75 including tax/ hour during the day from Monday to Friday. For customers wishing to provide services on weekends and at night (from 8 p.m. to 9 a.m.), the hourly rate is €150.

The half-day rate of ZERO ONZE STUDIO is 300€ TTC/ 1/2 day which includes an activity of 4 hours of work carried out during the day from Monday to Friday. The daily rate of ZERO ONZE STUDIO is 600€ TTC / day which includes an activity of 8 hours of work carried out during the day from Monday to Friday.

ZERO ONZE STUDIO being self-employed is not subject to VAT, according to article 293 B-III of the CGI. All the prices indicated in our GENERAL RATES and PACKAGE RATES are indicated in All Taxes Included. To know the full pricing of our services, refer to our GENERAL RATES and PACKAGE RATES, available free of charge upon request.

ZERO ONZE STUDIO reserves the right to freely modify and design these RATES at any time. ZERO ONZE STUDIO reserves the right to review these PRICES once a year based on changes in living costs. For any contract concluded with the Customer ZERO ONZE STUDIO undertakes not to modify these RATES for the services in progress and that during the duration of the said contract. Any condition involving the modification of the RATES for the services in progress will be the subject of commercial negotiations between ZERO ONZE STUDIO and the Customer. ZERO ONZE STUDIO undertakes to notify the Customer by explaining the scope of the said modifications and their budgetary implications on the project (contract) in progress. The customer retains the right to accept or not any price changes for current services. However, by the fact of non-acceptance of these price changes for the services in progress, the Customer exposes himself to the breach of the contract without reservation and accepts the fact that ZERO ONZE STUDIO cannot be held responsible in any case.

Any other service request not appearing in the commercial proposal or in our RATES will be subject to an additional free estimate.

ARTICLE 3 : PAYMENT

For any service worth less than €1,000 including tax, the deposit will not be requested and the full amount remaining due must be paid within a maximum of 30 days after delivery of the service. For any service of a value of 1000€ TTC or higher, a deposit of 40% will be requested with the order, then a second payment of the remaining 60%, corresponding to the balance, must be paid within a maximum of 30 days after the delivery of the service.

Any payment incident is subject to late payment interest. In this case a penalty of three times the legal interest rate in force will be applied to the remaining sums due, then per month of delay started, and this without reminder. Amount of payment compensation for recovery costs, in the event of late payment and €100.

Reminder: Fight against late payment / Article 53 of the NRE Law.

Payments will be made by check or bank transfer to ZERO ONZE STUDIO and within a maximum of 30 days after the start of the project, unless otherwise indicated on the quote.

ARTICLE 4 : CANCELLATION OF THE ORDER

Any payment made with the order is qualified as a deposit. The deposit corresponds to the first payment to be applied to all the prices set out in the contract.

Once the deposit has been paid, the commitment is firm and final for each party. It will not be possible to cancel. This means that, in the event of cancellation, the deposit is acquired by the service provider and will not be reimbursed by ZERO ONZE STUDIO.

If in case of force majeure, ZERO ONZE STUDIO is obliged to cancel the contract, it undertakes to reimburse the deposit.

Article 5 : INTELLECTUAL PROPERTY

All the work of ZERO ONZE STUDIO and the rights relating thereto remain the total and exclusive intellectual property of ZERO ONZE STUDIO as long as the invoices sent are not duly paid in full by the customer.

Once the payment has been made, ZERO ONZE STUDIO undertakes to assign these rights in their entirety.
However, all preparation material, concepts, ideas, visuals, exquisite illustrations, digital files, sounds, video rushes, and any other document that was used for the creation of the project for which the Client had engaged ZERO ONZE STUDIO, and on which the Customer has no right of ownership whatsoever, and/or being refused by the Customer, remain the entire and indivisible property of ZERO ONZE STUDIO and can be reused in the context of these activities.

Article 6 : ASSIGNMENT OF COPYRIGHT

According to the French Intellectual Property Code (articles L.121-1 to L.121-9), the moral right of a creation (including right of disclosure, right to respect for the work and right to withdrawal) is attached to its creator in a perpetual and imprescriptible way. Thus, only the property rights explicitly stated on this order will be transferred to the client company, to the exclusion of any other, and this within the possible limits also appearing therein (limit of support, territory or duration).

It is also recalled that according to the same French Code of Intellectual Property (Art. L. 122-4), any representation or reproduction in whole or in part of a work made without the consent of the author or his successors in title is unlawful. , and punished according to the laws relating to the offense of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.

Article 7 : REPRODUCTION AND DISTRIBUTION RIGHTS

Reproduction and distribution rights are calculated according to the distribution of the creation. They can be ceded as a lump sum or partially. Each different adaptation of the original work subject to a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical perimeter of the contract and cannot exceed this limit. To allow the sponsor to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the service provider, under the project will be entirely and exclusively transferred to the sponsor, and this for the distribution on the supports specifically addressed during the order, during the effective payment of all the fees due.

Article 8 : RIGHT OF PUBLICITY

ZERO ONZE STUDIO reserves the right to publicly disseminate its achievements, to present them as part of its commercial prospecting, external communication, advertising. The customer agrees never to oppose it unless otherwise stated in writing by the customer and accepted by ZERO ONZE STUDIO.

The client authorizes ZERO ONZE STUDIO to publicly present all the constituent elements of the work without restriction, including the elements created by third-party authors and included in the work at its request such as: textual content, iconographic content, logos and slogans.

Article 9 : USE OF SOURCES

A source is a pre-existing document or element included in the work or part of the work, subject of the order, and which may, for its use, disclosure, reproduction or exploitation, require payment to its successor(s) right(s). The sources can be of various natures: images, illustrations, sounds, fonts, etc.

These T & Cs do not replace either the legal obligations of the client company or those of the broadcasters, if any, towards the rights holders of the sources.

The client undertakes to obtain all the necessary authorizations, and to bear all related payments, in particular under copyright and personality rights, for the integration of all the sources included in the work. carried out by ZERO ONZE STUDIO, this before the disclosure of the work. It is the responsibility of the client company to find out about the conditions of use of the sources for which it requests insertion in the graphic compositions from their owner(s) or assign(s), and to accept the terms of use. By validating the work or part of the work, the client company accepts the introduction of all the sources included in the work or part of the work.

Article 10 : SPECIFICATIONS

The customer guarantees that he has taken care to provide ZERO ONZE STUDIO with the precise Specifications (Brief) detailing the nature and environment of the order to be made. If the client company does not provide ZERO ONZE STUDIO with Specifications before the start of the execution of the order, or when the Specifications do not give sufficiently precise indications or recommendations on the way in which the creation of an element included in the order, both parties agree that the visual design is left to the interpretation of ZERO ONZE STUDIO.

Article 11 : REQUESTS FOR MODIFICATION OF VISUAL PROPOSALS

The Customer undertakes to formulate his requests for modification(s) concerning the model(s) provided by ZERO ONZE STUDIO in a clear and explicit manner (by email or post only) within a maximum period of fifteen days. following the delivery of the model(s) to be validated. An idea proposed by the client does not in itself constitute a creation. It is agreed between the two parties that the consideration of request(s) for modification made by other means, in particular orally, are left to the convenience of ZERO ONZE STUDIO.

Any request for modification from the Client on the graphic proposal(s) indicating an omission, or an error on his part, in the content of the Specifications, or any request from the client company leading to an addition or a deletion of data which affects the Specifications and the data specified therein will be considered by both parties as a request for modification of the subject of the order by the client company, beyond 3 corrections an additional will be billed. The following will also be invoiced in addition: modifications requested by the Customer during implementation, if they involve a complete reworking of the project.

Any change to the subject of the order resulting in the realization of adjustments to the work (research, advice, or execution) already carried out by ZERO ONZE STUDIO or inducing additional work at ZERO ONZE STUDIO, will involve additional invoicing to the remuneration provided. by this contract. The sums corresponding to the work already carried out by ZERO ONZE STUDIO are due by the client company and immediately payable.

Article 12 : APPROVAL

The customer undertakes to formulate his validations in a clear and explicit manner by sending an email or a dated and signed letter to ZERO ONZE STUDIO. The work carried out, delivered, and tacitly validated, implies that the sums corresponding to this work are due by the Customer and immediately payable by ZERO ONZE STUDIO.

Article 13 : TERMINATION OF THE ORDER

In the absence of execution by one of the parties of one of these obligations, without prejudice to the provisions of remuneration provided for the realization of the order and eight days after the sending by the other party of a formal notice by registered letter with acknowledgment of receipt that has remained without effect, this contract may be terminated automatically. The sums already paid will remain definitively acquired by ZERO ONZE STUDIO and the sums still due by the client company will become immediately payable, without prejudice to any damages and interest that may be due to ZERO ONZE STUDIO. The Customer must return all the elements of the work already delivered by ZERO ONZE STUDIO and agrees not to keep any copies.

In the event of breach of contract or termination of the order by one of the parties, the latter shall pay the other party financial compensation equal to 50% of the work remaining to be carried out on the order.

Article 14 : PARTIAL INVALIDITY

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

Article 15 : INCAPACITY OF WORK

In the event of incapacity for work, as a result of illness or accident, ZERO ONZE STUDIO reserves the right to modify the current schedule without the Customer being able to demand the payment of compensation. It is accepted that it must notify the Customer from the first working day of its incapacity.

Article 16 : ADDITIONAL COSTS

The 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, sounds or video rushes, or illustrations from image banks. The textual content allowing the realization of the product must be provided by the customer. Travel necessary for the proper performance of the contract may also be invoiced to the Customer.

Article 17 : ORDER FORM

By signing the quote and/or the contract, the customer validates these GCS (General Conditions of Sale) and these elements serve as an order form. This must be accompanied by the payment of a deposit of 40% of the overall service for any service whose value is equal to or greater than €1,000 including tax. The work will begin when all the documents (quote and 40% of the total amount paid) and graphic and textual documentary elements necessary for the proper performance of the contract are available to the Service Provider.

Article 18 : SETTLEMENT OF DISPUTES

Any contract concluded between the Customer and ZERO ONZE STUDIO is subject to French law. Any dispute or litigation relating to the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Versailles, to which they expressly assign jurisdiction.

Article 19 : COPYRIGHT AND COMMERCIAL MENTIONS

Unless explicitly stated otherwise by the Client, ZERO ONZE STUDIO reserves the right to include in the production a statement clearly indicating its contribution, By ZERO ONZE STUDIO or © Copyright ZERO ONZE STUDIO 2023, All Rights Reserved.

Article 20 : CONFIDENTIALITY

As part of these missions ZERO ONZE STUDIO may be involved or become aware of information concerning the Client, at a personal level or at a professional level and of a confidential nature. This information may be related to the past, present or future, to Customers' Names, to marketing or commercial strategies, to information on particular or industrial projects or to Customers' financial documents. ZERO ONZE STUDIO undertakes not to disclose it and to alert the Customer to any possibility of such information leaking. ZERO ONZE STUDIO also undertakes to preserve the confidentiality of these Customers, as well as all confidential information concerning them.

In the event that the contract is signed between the Client and ZERO ONZE STUDIO and for any commitment of ZERO ONZE STUDIO within the framework of these activities, all the documents provided by the Client remain under strict confidentiality. ZERO ONZE STUDIO undertakes to return them to the Customer as soon as the project is finalized or not. In the case of the said contract ZERO ONZE STUDIO reserves the right to request the application of the same confidentiality clause concerning it from the Customer. In this case, the Customer undertakes to preserve the confidentiality of ZERO ONZE STUDIO, as well as all confidential information concerning him.