Terms and Conditions
1 – CONTRACT PARTIES
The term "Service Provider" refers to AnjuDraw - Gabrielle Renaudon, Independent Graphic Designer and Illustrator.
The term "Client" refers to any legal or natural person who has engaged the services of Gabrielle Renaudon for any creative work within the scope of graphic design. The term "Third Party" refers to any natural or legal person who is not a party to the contract.
The term "Service(s)" refers to all services that may be provided by Gabrielle Renaudon, including but not limited to:
• advice and creation in graphic design (visual identity, layout, print and web media design, etc.)
• advice and creation in illustration (illustrated visual design, character or background creation, etc.)
2 – GENERAL TERMS
These general terms and conditions of sale are intended to define the rights and obligations of the parties in the sale of products created by the Service Provider for its Clients in the context of its graphic design and creation business. The Service Provider reserves the right to modify its general terms and conditions of sale, packages and pricing at any time and without prior notice. These modifications will have no impact on orders already in progress. If the Client is an individual, they acknowledge being of legal age in accordance with the laws of the country in which they reside. The Client engaging the services of Gabrielle Renaudon acknowledges having read and unconditionally accepted the following general terms and conditions of sale, as well as the provisions set out under New Zealand copyright law, including the Copyright Act 1994 (NZ), which governs the rights of authors and creators. To confirm acceptance, the Client will tick the box "Terms and Conditions read and approved" on each quote, accompanied by their signature in the designated space.
3 – OBLIGATIONS OF THE PARTIES
Generally speaking, both the Client and the Service Provider commit to actively collaborating to ensure the proper execution of the contract.
Each party commits to communicating any difficulties they become aware of as the project progresses, so as to allow the other party to take the necessary measures.
a/ The Client
To enable the Service Provider to carry out their work, the Client commits to:
• Establishing a detailed brief that will not be subject to further modification, except by mutual agreement of both parties, once approved by the Service Provider. Should any modifications require a substantial reworking of the original brief, these will be invoiced in addition to the original quote.
• Providing accurate and truthful information, and committing to notify the Service Provider of any changes to the information provided. The Client shall bear sole responsibility for any issues that may arise from incorrect information. The Client must maintain a valid email address and postal address.
• Submitting the purchase order/quote to the Service Provider (dated, signed and stamped).
• Providing all documentary, graphic and textual elements necessary for the proper completion of the contract (in particular in the correct usable formats for the intended media). The Client commits to providing all legal information to be included in documents and assumes responsibility for the content of the documents they publish.
• Holding the necessary rights to all elements provided as above. The Client shall bear sole liability in this regard.
• Actively collaborating towards the success of the project by providing the Service Provider, within the required timeframes, with all information and documents necessary for a proper understanding of the needs and the successful completion of the Services.
• Strictly adhering to the technical and creative recommendations made by the Service Provider.
• Indemnifying the Service Provider against any action that may be brought against them due to the nature of the data or information (text, images, sounds) provided or selected by the Client.
• Settling all amounts due to the Service Provider within the agreed timeframes.
• Informing the Service Provider of any situation where they may be in competition with other Service Providers.
b/ The Service Provider
• Where necessary, the Service Provider may assist in developing the brief, jointly with the Client.
• The Service Provider guarantees that the creations are legally available and are not encumbered by the rights of third parties, whether employees of the Service Provider or otherwise, for the uses set out in the contract.
• The Service Provider commits to keeping the Client regularly and effectively informed of progress on the project, notably through validation stages submitted to the Client.
• With regard to confidentiality, and throughout the duration of this agreement and even after its termination for any reason whatsoever, the Service Provider commits to keeping strictly confidential all information and documents of any nature relating to the Client, to which they may have had access in the course of carrying out this assignment.
4 – ADDITIONAL FEES
Any additional elements that may be required to carry out the Services and that fall outside the Service Provider's offerings are not included in the quoted prices. This includes, for example, typefaces, photographs or illustrations sourced from stock libraries. The following will be invoiced separately: any modifications requested by the Client during production, where these require a reworking of the project (author corrections). All textual content required for the completion of the work must be provided by the Client. Any travel expenses necessary for the proper execution of the contract may also be invoiced to the Client.
5 – PURCHASE ORDER AND COMMENCEMENT OF SERVICES
The quote and Terms and Conditions signed by the Client are only valid together as acceptance of the contract and serve as both a purchase order and a binding agreement. This must be accompanied by payment of 30% of the total price of the Services to be provided. The Services will commence once all documents (signed quote and Terms and Conditions, 30% of the total amount paid) and all documentary, graphic and textual elements necessary for the proper completion of the contract are at the Service Provider's disposal.
6 – APPROVALS
6-1 – Following the creation phase(s) of the project (e.g. layout, pencils, inking, colouring, print approval, etc.), the Client commits to communicating their approval to the Service Provider in a clear and explicit manner, by sending a dated and signed email or letter.
6-2 – In the absence of an approval or a request for modifications to the drafts by the Client within a period of fifteen days, these will be considered as approved by both parties. Work that has been completed, delivered and tacitly approved implies that the corresponding amounts for this work are due.
7 – INVOICE AND PAYMENT
Unless an additional payment period has been clearly agreed upon, payment of the invoice is due and requested on the date of delivery. Payment is made by bank transfer to Gabrielle Renaudon. In the event of late payment (30 days after the invoice has been issued), penalties will be applicable without the need for a formal reminder, in accordance with applicable law.
These penalties amount to 5% of the total invoice amount per day of delay. In addition to these daily penalties, a Fixed Recovery Fee of €40 will be applied as compensation for the recovery costs incurred by the Service Provider. This amount is fixed and applies to each overdue invoice. As with late payment penalties, this fee is automatically due without the need for a formal follow-up from the Service Provider.
8 – TERMINATION CLAUSE AND DEPOSIT
In the event of the contract being terminated before its completion by the Client, the Client formally commits to settling and paying all amounts relating to Services already completed or in progress, as well as any additional services carried out. To this end, a compensatory fee set at 40% of the total order amount will be requested, in addition to the order deposit already paid. This deposit will remain with the Service Provider as partial compensation for the work undertaken. All rights (copyright, moral and economic rights) remain the exclusive and entire property of the Service Provider, with the exception of data provided by the Client.
The source files and data created and used by the Service Provider may not therefore be claimed by the Client without a financial contribution. Drafts, and more broadly all original works, remain the property of the Service Provider, as do any rejected projects.
9 – INTELLECTUAL PROPERTY
a/ Completed Services
The entirety of the production and related rights, as the subject of the order, remain the exclusive and entire property of the Service Provider for as long as the invoices issued have not been paid in full by the Client, up to the total amount of the order and any amendments concluded during the course of the Services. Correspondingly, the Client will become the rightful owner of the assigned rights from the date of final and full settlement of all invoices issued by the Service Provider in connection with the order. Unless otherwise stated on the quote, production files and source files remain the property of the Service Provider. Only the finished product will be delivered to the Client. In the absence of such a mention, and should the Client wish to obtain the source files, an addendum to this document must be requested.
b/ Assignment Principle
The assignment of these rights covers only the specific use set out in the quote. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation may not be made under any circumstances without the consent of the Service Provider. The signature may not be removed without the agreement of the Service Provider. An idea proposed by the Client does not, in itself, constitute a creative work.
Any modification of the work by the Client is strictly prohibited. Any production created for personal use may under no circumstances be used for commercial purposes.
10 – COMMERCIAL CREDIT
Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include a commercial mention in the work clearly indicating their contribution, such as "Graphic design by AnjuDraw or Gabrielle Renaudon: Graphic Designer – Illustrator", accompanied where the medium allows by a hyperlink pointing to their professional website (www.anjudraw.com).
11 – PUBLICITY RIGHTS
The Service Provider reserves the right to mention work carried out for the Client in their external communications and promotional materials (website, portfolio, etc.) and in the course of business development and prospecting activities.
12 – INCAPACITY FOR WORK
In the event of incapacity to work due to illness or accident, the Service Provider reserves the right to modify the current schedule without the Client being entitled to claim any compensation. It is understood that the Service Provider must notify the Client from the first working day of their incapacity.
13 – FORCE MAJEURE
The parties cannot be held liable or deemed to have failed in their contractual obligations when the failure to fulfil their respective obligations originates from a force majeure event; the contract between the parties is suspended until the causes that gave rise to the force majeure have ceased. Force majeure encompasses facts or circumstances that are irresistible, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonably possible efforts to prevent them. Also considered as force majeure events are the blocking of transport or supply means, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties. The party affected by the force majeure event will notify the other within five (5) working days of becoming aware of it. Both parties will then agree on the conditions under which the execution of the contract will resume.
14 – DISPUTE RESOLUTION – TERRITORIAL JURISDICTION
As the business is registered in New Zealand: any dispute related to the use of the site www.anjudraw.com is subject to New Zealand law. Exclusive jurisdiction is given to the competent courts of New Zealand (e.g., the Disputes Tribunal or District Court of the relevant region).