The present general conditions apply to all consulting, creation, communication and advertising services provided by Digicomstory. The order of a service implies the complete and unconditional adherence of the Customer to these Terms and Conditions.
Is called Digicomstory or AGENCY, the company Digicomstory domiciled at 1 rue du Docteur Goujon, 75012 Paris, SARL with a capital of 2000€ registered in the trade register of Paris under the number: 80123997100030.
Is called CUSTOMER the natural or legal person signatory of the purchase order, of the estimate or having meant its order in writing.
The list of works requested from Digicomstory by the Customer before any work is carried out is referred to as the SOW.
Is called SERVICES, all the services made available to the Customer by the agency, namely :
Consulting in digital communication strategy
Community Management programs
creation, publishing and monetization, referencing of website and editorial content
development and publishing of software and computer programs
consulting, study, audit and assistance in software systems
_ advertising on the Internet
_ crisis communication
_ public relations
_ professional training in the field of communication
and in general, communication consulting services and all services requested by the client that have been the subject of a formal proposal from the agency.
The present general terms and conditions of sale are available on www.digicomstory.com/conditions-generales-de-vente. Consequently, the Client who contacts the agency is deemed to have read and accepted these general terms and conditions of sale. The quotations include a link to consult the general sales conditions on the agency's website.
The general sales conditions constitute the legal basis of all our contracts. They override any clauses to the contrary, whether printed or not, proposed by the Client or taken as a basis for drafting his order, insofar as they have not been explicitly accepted by the agency.
By signing a quotation, by signing a contract, by using a service, the Client declares that he has read the present general and special conditions, if any, and accepts all the provisions and rules established without any reservation or guarantee other than those stipulated above.
Unless otherwise agreed, Digicomstory is only bound by the orders of its Customers subject to a deposit of 40% of the total amount of the estimate that will have been established. The orders will be taken into account only with the return of the "Purchase Order" or estimate and the corresponding specifications, dated, signed and respectively preceded by the mention "Good for agreement" and, or "read and approved" by the Customer, the signatures involving the acceptance of the terms of the estimate and validation of the specifications.
All raw materials and documents entrusted by the Customer, as well as the work or services performed by Digicomstory constitute a pledge assigned to the payment. In any case, these elements may be subject to retention or suspension in case of non-compliance with an obligation of the Customer.
The benefit of the order is personal to the Customer and cannot be transferred to a third party without the authorization of Digicomstory.
Any modification of an order must be made in the same way as the initial order.
The contract can be cancelled at any time with a 1 month notice. Any cancellation of the contract must be made by registered mail with acknowledgement of receipt.
Any cancellation of the order will result in Digicomstory acquiring the deposit that was attached to it without prejudice to additional compensation that the agency could claim before the courts because of this cancellation.
Any cancellation of the order makes the Customer liable for the costs incurred by Digicomstory with its suppliers in connection with the order: these costs must be fully reimbursed by the customer to the agency.
Digicomstory is authorized, without written instructions from the customer, to subcontract all or part of the work ordered by the customer.
The selling price is expressed in euros excluding taxes.
Invoices are payable upon receipt, unless otherwise agreed.
In the absence of payment on the due date, Digicomstory reserves the right to put the buyer on notice to pay the sum invoiced and to apply an annual rate of 15%. Any sum not paid on time, any delay of payment, or any unpaid (in case of return by the bank of the payment titles for unpaid) of a sum due by the Customer, will involve the immediate suspension of the services, while waiting for the regularization of the situation as well as a fixed allowance of 40 € due to the creditor for expenses of recovery, at the time of any delay of payment. This suspension cannot constitute a cause of responsibility for Digicomstory.
The Digicomstory company reserves all intellectual and property rights on its production until full payment of the invoices. The payment is realized at the effective cashing of the price; the handing-over of a draft or any other document creating an obligation to pay does not constitute a discharge payment. In the absence of payment, all documents must be returned to the company without delay or will be deleted from public or private servers connected to the Internet.
In the event that the delay in payment exceeds two months, Digicomstory reserves the right to take legal action. The Customer will not be able to ask for any compensation to Digicomstory because of the suspension of its services following a payment incident.
The quotations of the Digicomstory company are free, the projects presented must be returned to us in their entirety (digital and paper documents) if they are not retained and remain the property of the Digicomstory company.
Digicomstory undertakes for the duration of the execution of the order, as defined by the purchase order or the signed quote, not to disclose any information of a confidential nature that would have been communicated by the Customer.
Digicomstory remains the sole owner of its copyrights resulting from its services. The exploitation of the creations and services is carried out in accordance with the provisions of the order and the legal and regulatory provisions in force at the time of the signature of the contract. Any use of the creation, not provided for in this contract, must be the subject of an express prior authorization and a remuneration to be agreed upon. Digicomstory also remains the owner of its working files, called "source files", unless otherwise agreed.
Technical fees inherent to the delivery of source material may also be applied. The elements of identification of the company, in particular the logo, the acronym, the brand, the packaging must be the subject of a separate agreement providing for the modalities of transfer of the rights and the remuneration of the latter.
As regards the rights of third parties (copyright, neighboring rights), these rights are negotiated by Digicomstory in agreement with the Customer according to the needs of the services provided, and invoiced to him. In the event that it is envisaged to proceed with other uses than those initially planned, Digicomstory will endeavor to negotiate with the third party in order to acquire the necessary rights for these uses. In return, the Customer undertakes to report any use not initially provided for in the order.
The transfer granted above does not cover personal rights (image rights, personality rights related to individuals or legal entities, for the specific realization of particular contributions such as photography, illustration, video). These rights are negotiated by Digicomstory in agreement with the Customer according to the needs of the services provided and invoiced to him. Digicomstory will indicate to the Customer the amount and the limits of the acquired rights.
The Customer guarantees that any document communicated to Digicomstory, by him, his auxiliaries and/or his representatives is free of any copyright, belonging to a third party, which would prohibit the execution of the services promised by Digicomstory.
The Customer irrevocably agrees to pay, as guarantor, any damages that would be claimed to Digicomstory, under the copyright infringement of a third party, due to the execution of services or benefits accepted by the customer.
The customer expressly authorizes Digicomstory to rework, retouch and modify all documents provided by the customer, as well as to make reproductions for the needs of the execution of the order.
The Customer undertakes to inform Digicomstory, as soon as they are noticed, of any violation of the aforementioned copyrights.
Except by written agreement, Digicomstory is not required to keep the working documents, whatever the support (in particular, data, negatives, models, texts, translation, films, compositions, proofs and material used for the execution of the work). For reasons of technical security, this release shall only take effect 10 days after delivery of the goods.
In the event of an agreement on storage, the costs of archiving, further processing, formatting and editing shall be borne by the customer. However, due to the fragility of certain documents, for example negatives, Digicomstory will not be held responsible for any damage they may suffer.
The Customer expressly authorizes Digicomstory to use his name and the products or services developed on his behalf for commercial purposes.
The Customer will provide Digicomstory, on a confidential basis, all the elements that it is possible to provide to Digicomstory and that are necessary to the knowledge of the products and services subject of the order and their markets. The Customer guarantees Digicomstory of all the consequences of an action which would find its source in the information provided by him on its products or its services. He is responsible for the information he sends to Digicomstory, especially concerning the name, the composition, the qualities, the performances of the product or the service which is the subject of the order. He is also responsible for compliance with the laws specific to his business. Consequently, Digicomstory cannot be held responsible for the projects it will have submitted to the Customer and about which it will have obtained his agreement, in particular in case of liability action.
The Customer guarantees Digicomstory and will replace it in case of legal action and/or condemnation that the latter would have to bear because of a failure of the Customer to these various obligations of declaration and this notwithstanding the repair of the whole damage of Digicomstory.
The Customer agrees not to solicit any employee of Digicomstory for recruitment, neither directly nor indirectly, during the duration of the missions plus a period of one year from their completion. In the event that the Customer hires an employee of Digicomstory, the compensation due to Digicomstory will be at least equivalent to one year of gross annual remuneration of the employee.
Digicomstory shall not fail in its obligation of advice. Digicomstory shall ensure that it complies with advertising regulations in the context of campaigns and media that it designs and distributes on behalf of the Client. Digicomstory cannot be held responsible for any decision taken by the Customer or any third party appointed by him.
Digicomstory undertakes to carry out its obligations with all the care in use in its profession and to comply with the rules of art in force.
The Customer can only seek the responsibility of Digicomstory by proving a wrongful behavior, it being understood that this responsibility is expressly limited to the foreseeable and direct damage and cannot exceed the total cost of the service which is at the origin of the damage caused.
The action for compensation must be initiated within 15 days of the damaging event.
Digicomstory will not be held responsible for the unavailability of the Customer's Website caused by a technical failure, for any damage originating from the use of the Website, or for any technical problem of the Customer, who is responsible for subscribing to the necessary maintenance contracts and for establishing any data backup procedures.
The responsibility of Digicomstory cannot be sought in case of force majeure.
The Customer cannot engage the responsibility of Digicomstory or break its commitment in the event of a case of force majeure.
Force Majeure is any event that makes it impossible or obviously more difficult to perform an obligation due to the unforeseeable or irresistible or external nature of this event, these three criteria being alternative such as strikes, disruption of energy supply, blockage of telecommunications and computer networks (including networks connected to telecommunication operators), breakage of the specialized link,
The fact that one of the parties has not required the application of all or part of the commitments provided for in these conditions, whether permanently or temporarily, shall not be considered as a modification of the said conditions or establish any right whatsoever over the other.
If one or any of the stipulations of the present conditions were to be recognized as null and void with regard to a rule of law, a law in force or a court decision, it would be deemed unwritten and would not result in the nullity of the contract.
The present contract is governed by French law. The parties shall seek, prior to any litigation, an amicable solution to any disputes that may arise.
In the absence of an amicable solution, any dispute arising from the performance or breach of this contract will be subject to the sole jurisdiction of the courts of Paris. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants and regardless of the method and terms of payment.