Article 1 : Services

The prices stipulated on the quote are valid for one month from the date of issue of the quote. These remain firm and cannot be revised if the order is placed during this period. The services to be provided are those clearly stated in the quote, as a corollary any services not stated are not included and will be the subject of a complementary free quote.

Article 2 : Purchase order and start of work

The quote and the T&Cs (General Terms and Conditions) signed by the customer are valid together exclusively for acceptance of the latter and serve as a purchase order. This must be accompanied by the payment of 30% of the overall price of the services to be provided. No work will begin without these two conditions met (quote and T&Cs signed, 30% of the total amount paid). Any order automatically entails acceptance of these general conditions of sale. Unless otherwise stipulated, any modification requested by the customer subsequent to this acceptance will be subject to independent invoicing.

Article 3 : Commitments of the parties

Generally speaking, the sponsor and MatCrea3D undertake to actively collaborate to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties of which they become aware, as they arise, to enable the other party to take the necessary measures.

1. The sponsor

To enable MatCrea3D to achieve its mission, the sponsor undertakes to :

  • establish detailed specifications or “brief” which will no longer undergo modification, unless agreed by the parties, after having been approved by MatCrea3D. In the event that modifications involve a substantial rearrangement of the initial specifications, these will be invoiced in addition to the initial quote.
  • provide all the graphic and textual documentary elements necessary for the proper execution of the contract (in particular in the correct usable formats depending on the intended media) and report to MatCrea3D all those elements which are not in the public domain. Solely the responsibility of the sponsor to be engaged in this capacity.
  • actively collaborate in the success of the project by providing MatCrea3D in a timely manner with all the information and documents necessary for a proper understanding of needs and the proper execution of services.
  • strictly comply with the technical and creative recommendations made by MatCrea3D.
  • guarantee MatCrea3D against any action which may be brought against it due to the nature of the data or information (texts, images, sounds) which may have been provided or chosen by the sponsor.
  • inform MatCrea3D of possible competition with other service providers.

2. MatCrea3D

  • If necessary, MatCrea3D may intervene in the development of the specifications, jointly with the sponsor.
  • Unless explicitly stated otherwise, MatCrea3D guarantees that the creations are legally available and are not encumbered by third party rights, for the uses provided for under the contract.
  • MatCrea3D undertakes to regularly and effectively inform the sponsor of the progress of the contract, in particular, through validations submitted to the sponsor.

Article 4 : Execution Deadline

Deadlines relating to technical work (creation, manufacturing, etc.) will only be final upon the placing of firm order orders, and it is only upon receipt of all the elements constituting the work that they become effective. . Failure by the client to respect the planned schedule or the requirement for deadlines may harm the quality of the work. The customer accepts the consequences. Significant modifications, rework of creation, delay in decision-making or late delivery of documents by the client and necessary for creation, extend the delivery deadline established between the two parties.

Article 5 : Design and Delivery

The customer guarantees having taken care to provide MatCrea3D with the most precise specifications possible detailing the nature and environment of the order to be carried out (see Art 3 – 1). If the customer does not provide specifications to MatCrea3D before the start of the execution of the order, or when the specifications do not give sufficiently precise indications or recommendations on how the creation of the order should be approached. an item included in the order, both parties agree that the visual design of the item is left to the interpretation of MatCrea3D.
The possible delivery of sources or working files relating to this order will only be made in the event of necessity induced by the strict exploitation of the work provided for in the conditions of transfer or in a subsequent amendment.

Article 6 : Invoice and Payment

Unless an additional payment deadline is clearly granted with a written and signed letter from MatCrea3D, payment of the invoice is due a maximum of 30 days after it is issued. Fees must be paid no later than the due date of the month following invoicing and not according to supplier commercial regulations. Payment is made by bank transfer. In the event of delay, penalties will be payable without a reminder being necessary in accordance with the law (see: c. com. art L. 441-6, al.2 amended from the law of May 15, 2001). Pursuant to Law No. 92-1442 of 12/31/1992, a penalty set at 15% of the net amount of the invoice, per month of delay initiated, is payable, without reminder, the day following the payment deadline, as well as than a lump sum compensation of €40 (C. Com. art. D441-5). In the event of non-payment, the sponsor will bear all collection costs.
MatCrea3D reserves the right to suspend all order management and delivery in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment. MatCrea3D reserves in particular the right to refuse services emanating from an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. Failure to pay results in the non-transmission of the rights to use and distribute the creations produced, even if the creation files have already been delivered to the client. As stipulated in Art3 – 1 of these General Terms and Conditions, in the event that modifications involve a substantial rearrangement of the initial specifications, these will be invoiced in addition to the initial estimate. In accordance with article 293 B of the General Tax Code, VAT is not applicable.

Article 7 : Additional costs

Travel necessary for the successful completion of the contract may also be invoiced to the sponsor (whether before or after signing the contract). Also, supplies such as typographic composition, photo prints, films resulting from flashing floppy disks, color laser prints, and all elements necessary for the production of the work are not included in the amount of the creation fees.

Article 8 : Confidentiality, Information Technology and Freedoms

MatCrea3D undertakes not to disclose information communicated to it by its client and expressly stipulated as confidential. In terms of confidentiality and throughout the duration hereof and even after their termination for any reason whatsoever, MatCrea3D undertakes to keep all information and documents of any nature relating to the sponsor strictly confidential, to which he could have had access in the context of the execution of this mission. For its part, the sponsor undertakes not to disclose any data, formulas, programs, methods or information of which it becomes aware as a result of the execution of these conditions. The information collected within the framework of commercial relations is intended exclusively for internal use, and is under no circumstances transferred to third parties. Prospects or customers have the right to access, modify, rectify and delete data concerning them according to art. 34 of the Data Protection Act.

Article 9 : Copyright, Legal Notices and Transfer Principles

The reproduction and re-edition of MatCrea3D creations are subject to the collection of copyright fees according to the law of March 11, 1957. The transfer of these rights only concerns the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of a graphic creation cannot be made, under any circumstances, without the consent of MatCrea3D. An idea proposed by the client does not constitute, in itself, a creation. Unless explicitly stated otherwise by the client, MatCrea3D reserves the possibility of including in the production a commercial notice clearly indicating its contribution of a hypertext link and/or a logo pointing to the commercial site of its activity. The commercial mention cannot be moved or deleted without the written consent of MatCrea3D.

Article 10 : Reproduction and distribution rights

Reproduction and distribution rights are calculated based on the distribution of the creation. They can be transferred as a lump sum or in part. Each different adaptation of the original work is the subject of 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 scope of this contract and cannot exceed this limit. To allow the sponsor to freely exploit the service provided within the framework of its activity, all of the property rights relating to the creation of the service provider, under the project will be entirely and exclusively transferred to the sponsor, for distribution on the supports specifically addressed when ordering, upon effective payment of all fees due.

Article 11 : Publicity rights

Under the moral rights of MatCrea3D over its creation, the sponsor authorizes MatCrea3D to mention this creation as an example of the service provider’s achievements in the latter’s commercial documents and advertising. It is agreed that in the event of a specific operation by the sponsor, and only as part of the proper functioning of its activity, the sponsor may request a confidentiality period from MatCrea3D which can only be applied upon acceptance by the latter.

Article 12 : Incapacity for work

In the event of incapacity for work, due to illness or accident, MatCrea3D reserves the right to terminate this contract, and/or modify the current schedule without the sponsor being able to require the payment of compensation. It is accepted that the service provider must notify the sponsor from the first working day of his incapacity.

Article 13 : Termination of contract

In the event of termination of the contract before its end by the sponsor or MatCrea3D, the sponsor formally undertakes to regularize and remunerate the amounts relating to the current schedule, the positions completed or in progress, as well as the additional services performed. All copyright remains the exclusive and complete property of MatCrea3D, with the exception of data provided by the sponsor. The source files and data created and used by MatCrea3D cannot therefore be claimed by the sponsor without a financial contribution. All original works remain the property of the author, as do rejected projects. These documents must be returned undamaged and upon request.

Article 14 : Jurisdiction

The general conditions of sale presented above are governed by French law. Any dispute or dispute concerning these general conditions of sale or the services provided by MatCrea3D in the absence of an amicable agreement will fall under the jurisdiction of the commercial court of Bourges (18), which is expressly accepted by the customer.