zula, graphic and digital studio
“Zula” is the name of the associative collective formed by Diane Bécheras and Serhat Menteşoğlu. They both work independently on commissions, but share the same values and working methods.The “Service Provider” refers to Diane Bécheras or Serhat Menteşoğlu.
The “Client” refers to any individual of legal age or legal entity requesting the services of Diane Bécheras or Serhat Menteşoğlu as a freelance graphic designer, illustrator, photographer, videographer and web-designer.
The person or company signing these General Terms and Conditions of Sale guarantees payment of the invoice even if it is made out in the name of a third party. The present general conditions are governed by French law. The signature or “Good for agreement” accompanying the estimate, is worth acceptance of the whole of the General Conditions of Sale enacted here.
Diane Bécheras provides graphic and visual communication services, including
– Graphic creation of logotypes, graphic charters and all communication supports: flyers, posters, catalogs, brochures, leaflets, editions.
– Videos: shooting, editing.
– Interaction design: website creation or recovery (graphic design, UX/UI, integration, referencing, purchase of domain name and hosting space, backup and maintenance of sites on the CMS), application creation, creation of interactive installation in the broadest sense.
In order for the whole service to take place in the best conditions, a telephone or face-to-face meeting will be scheduled between the Provider and the Customer, in order to establish the most precise specifications possible. The Provider will not provide any mock-up before a firm and final order is placed. The work done by the Service Provider is the result of its own creation.
In order to ensure that the work ordered by the Customer from the Provider is done in an optimal way, the Customer commits to send all the necessary elements (texts, photos, logos…) in a usable version (high definition and in computer format) before the beginning of the project design. The Customer assures the Service Provider that he owns the necessary intellectual property rights on all elements (including texts, photos, logos) transmitted to the Service Provider. The Customer is responsible for the search of brand names and creations.
A detailed quotation will be sent to the Customer by the Provider. Quotations are valid on the date they are issued and for a period of three months, unless otherwise stated. Quotations are subject to revision in accordance with the evolution of the specifications. For validation and agreement, the quotation must be returned to the Provider by the Customer (by mail or email) with the mention “Good for agreement”. This mention can be affixed directly on the quotation, with signature or stamp of the Customer, or appear in an e-mail message accompanying the quotation file. Acceptance of the quotation is equivalent to an order form. Quotations and invoices issued by the Provider to the Customer via a third party (freelance website for example) and accepted by the Customer have the same value as a contract.
Any additional content creation requested by the Customer and not mentioned on the initially validated quote will be invoiced in addition. The rate will be based on the time spent on the additional work. The Customer will be notified by email. An email agreement (or any messenger) will be sufficient for agreement.
A non-refundable deposit of 30% of the price of the service is to be paid at the time of order by bank transfer. Unless additional time has been agreed, the payment of the remaining 70% of the invoice is due at the end of the service or at the latest 30 days after its issuance (C.Com.art L.441-6, al.2 modified by the law of May 15th 2001). In case of delay, penalties will be due without a reminder being necessary in accordance with the law. These penalties amount to 10% of the total amount of the invoice per day of delay (Fight against the delays of payments / art 53 of the law NRE), as well as a fixed allowance of 40€ (C.Com.art.D-441-5). In case of non-payment, the Customer will be responsible for all collection costs.
Hosting and domain name : Those proposed and invoiced to the Customer by the Provider are provided by a third party partner. In case of failure of this partner, the Provider undertakes to find and propose to the Customer all possible solutions to remedy the situation, but the Provider is not responsible for the consequences of this failure whose causes are not directly attributable to him.
In order to ensure maximum security to the website created during the realization of the website, the Provider makes regular backups, and takes care to ensure the update and maximum security of the website. Nevertheless, a malicious intrusion is always possible despite all these security precautions. Due to the characteristics and limits of the Internet, the Provider cannot be held responsible for, in particular, difficulties in accessing the hosted site due to network saturation at certain times; contamination by viruses of the Customer’s data and/or software; malicious intrusions by third parties on the Customer’s site; malfunctioning of the CUSTOMER’s equipment or lack of know-how, problems related to the telephone network or the Internet and/or in the event of force majeure; possible misappropriation of passwords, confidential codes, and more generally any information of a sensitive nature for the Customer.
A third party service provider could be called upon to intervene on the site in the event of a serious problem. The intervention will be the subject of an estimate sent to the Customer.
The domain name and hosting being acquired by the Customer, the Customer will take care to renew these subscriptions with its host. Otherwise, the Provider shall not be held responsible for any subscription termination, and therefore for the suspension of the domain name, web hosting and email management services, resulting from the Customer’s non-payment.
The Customer agrees to provide the Provider with all codes necessary for the proper functioning of the website: access to the host(s), ftp, access to the website as an administrator.
The Customer shall provide the Provider with the domain name hosting credentials, necessary for the DNS setting on the website hosting, which will be in charge of the Provider.
Site maintenance option : If the Customer chooses this option, maintenance includes regular and technical updates; correction of minor bugs; backup of databases and site content; preventive measures that the Service Provider deems necessary to ensure the stability, consistency and security of the site without having to obtain the Customer’s prior consent.
The maintenance does not include: modifications or addition of pages, articles, texts, images, videos, sounds, etc.; resolution of problems following a bad manipulation by the Customer; resolution of problems following the addition of extensions by the Customer; resolution of security problems such as malicious intrusions of third parties, theft and possible hijacking of passwords, hacked site,…
The maintenance contract of the site runs every year, and is renewable by tacit agreement. A modification of the annual price can be made by the Provider, and will be communicated by estimate to the Customer. The Customer is under no obligation to renew a maintenance contract with the Provider. If a maintenance agreement is not taken or renewed by the Customer, the Provider’s liability towards the Customer’s website is totally discharged.
Website customer account : The Provider will be the administrator of the website and may create an account for the Customer at the Customer’s request: to do so, the Customer must have paid all the fees to the Provider, who reserves a bank security period of a fortnight for the final validation of the Customer’s payment.
The Provider shall not be liable for the loss, theft or distribution of the Customer’s login and password, which shall remain confidential and strictly personal. The same shall apply to any inappropriate manipulation by the Customer, which would have consequences on the functioning of the site, its content or its appearance.
Online sales site : In no event shall the Service Provider be liable for any action or recourse by third parties, including, but not limited to information, images, sounds, texts, videos or any content posted on the Customer’s site(s) that is contrary to applicable laws and regulations; defective products sold by the Customer through its site(s); infringement of intellectual property rights relating to content posted, in whole or in part, on the Customer’s site(s); suspension and/or termination of accounts, including as a result of non-payment of sums owed for the retention of the domain name(s).
The Provider shall not be liable for any taxes or other charges in connection with purchases made from the Customer’s site. The Customer agrees to take full responsibility for all taxes and fees of any kind associated with the products sold.
Concerning the printing of the communication supports made for the Customer, the Provider undertakes to propose to the Customer trusted partners (printers, photographers, etc.). Nevertheless, the Service Provider is not responsible for any faulty work of any of the proposed professionals. The Customer is free to choose its own printing service provider and the Service Provider shall not be liable for the Customer’s choice.
The Service Provider shall not be held responsible for any differences between a computer visualization and the final result of the products, as color rendition may differ from one computer tool to another, and from one printer to another. The proof will be sent as a pdf document. The return by e-mail of the Customer to the Service Provider of this final document, mentioning “Good for approval”, will constitute the Good to Print. No error can be attributed later to the Provider. The Customer will be asked to carefully review the final pdf document.
The source files will not be given to the Customer or to any other service provider, except in the case of a transfer of rights which will be the subject of an estimate. According to the intellectual property code, the Service Provider remains the owner of its creation, unless the transfer of rights is included in its price and appears on the quote and the final invoice.
At the Customer’s request, the Service Provider may transfer all rights on the website, as soon as a price agreement and a quotation are established. According to the intellectual property code, the Service Provider remains the owner of its creation, unless the transfer of rights is included in its price and is stated on the quotation and the final invoice.
Furthermore, the work performed remains the sole property of the Provider until full payment of the corresponding invoice. The transfer of ownership from the Service Provider to the Customer shall occur upon payment of the balance due by the Customer. A Delivery Note will be issued by the Provider to the Customer, and once signed by the Customer, will complete the transfer of ownership of the website to the Customer. All codes will then be given by the Graphic Designer to the Client. This document discharges the Service Provider of any responsibility for the site, its content and its operation. The Delivery Order stipulates that full payment for the site has been made. The Service Provider may reserve a bank security period of about fifteen days for final validation of the Client’s payment.
The Service Provider may request that the Customer’s signature ceases to appear as a service provider on the website, in the event that the website is used to disseminate content that is pornographic, immoral, insulting, racist, discriminatory, or consists of incitement to crime and hatred based on race, religion, sex, appearance or any other nature, or contains any false, inaccurate or erroneous statement.
Right of withdrawal : In the case of a service intended for an individual Customer, the latter as a consumer has a right of withdrawal of 15 days from the validation of the offer (here the estimate issued by the Provider). If the work has started at the time the Customer withdraws, the Provider is entitled to invoice the services performed and to claim penalties for the cancellation of the quote. Under Article L. 121-21 of the Consumer Code, only the Customer as a private individual can exercise his right of withdrawal. According to the Hamon law (March 17, 2014), Art. Preliminary of the Consumer Code: “is considered a consumer any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”. In fact, the Customer as a professional having placed an order with the Provider via the validation of a quote cannot benefit from the right of withdrawal of 15 days provided by the Consumer Law.
Termination : In case of exercise of the right of withdrawal by the Customer, the deposit or advance payment remains the property of the Provider, except in case of exercise of the right of withdrawal by the Customer acting as a consumer, under the legal conditions (i.e. within 15 working days). Exceptionally, if the Provider accepts a cancellation of an order in progress, the costs incurred are fully charged to the Customer. If a creative work has been partially or fully completed, the Service Provider reserves the right to charge the full cost of this production phase.
Force Majeure : In the event of inability to work due to illness or accident, the Provider reserves the right to modify the current schedule without the Client being entitled to claim compensation. It is agreed that the Provider shall notify the Customer of the incapacity on the first working day.
The parties shall not be held liable or in breach of their contractual obligations if the failure to perform their respective obligations is due to force majeure; the contract between the parties shall be suspended until the causes of the force majeure have been eliminated. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and independent of the will of the parties, despite all reasonably possible efforts to prevent them. Are also considered as force majeure, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks outside the parties. The party affected by the force majeure will notify the other within five working days following the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract will be continued.
The work performed by the Service Provider, in particular the preliminary studies, remain confidential and may not be transmitted by the Customer to a third party without prior agreement. Estimates are prepared by the Service Provider on behalf of a client and are confidential.
The Provider guarantees confidentiality when working on the Customer’s projects, until the publication of the Provider’s creations by the Customer. In no case the Customer’s personal and/or professional data will be disclosed by the Provider.
The Customer shall provide the Service Provider with one or more copies of the printed designs if requested by the Service Provider. The Service Provider reserves the right to use its creations, printed or web, for promotional purposes. The Service Provider reserves the right to mention its work for the Customer or for the Customer as a legal entity as a reference and to quote textual or iconographic excerpts of the works concerned in the strict framework of its business prospecting, external communication and advertising. Any reservation to the Service Provider’s right of publicity must be notified by the Customer and negotiated before the signature of the quotation, then mentioned on the invoice.
The Service Provider shall not be liable for any modification of the original design without the Service Provider’s permission and for the addition of images that do not respect the rights of the author. The Service Provider shall not be liable if the Customer provides the Service Provider with images that do not comply with the copyright or exploitation rights defined by their author. The Service Provider may prove its good faith through the emails exchanged between the Customer and the Service Provider.