1. Application / Enforceability
These General Terms and Conditions of Sale (GTCS) apply to all services provided by My Marketing Director. They are systematically sent or handed to each customer to enable them to place an order with full knowledge of the facts. All orders imply the customer’s full and complete acceptance of these GCS, unless expressly waived in writing. In the event of a quotation signed by the customer, this will act as special conditions supplementing or amending these GTC.
2. Order
The order is considered firm as soon as the quotation has been validated by both parties, including the mention ‘good for agreement’, and the deposit indicated has been paid. This quotation then takes the place of an order form. My Marketing Director undertakes to carry out the service, and the customer to comply with the terms of payment.
3. Modification or cancellation of the order
Any request for modification must be sent in writing before the start of the work in question. In the event of cancellation, the deposit will be retained and a penalty of 10% of the total amount of the order will be charged.
4. Creation and production
Estimates, mock-ups and completed projects remain the property of My Marketing Director and may not be passed on or used without prior agreement. In the event of cancellation during production, the work carried out will be invoiced. Any delays by external service providers (printers, developers, etc.) may have an impact on deadlines.
5. Delivery times
Delivery times are indicative. No delay will justify the cancellation of the order or give rise to damages. Delivery times are suspended in the event of non-payment, missing information or delays by external service providers.
6. Acceptance
Final delivery is subject to validation by the customer. No claims can be accepted after final validation, particularly for printed media. Printing errors are the responsibility of the printer. All orders are due and payable, even in the event of dissatisfaction.
7. Copyright
The creations are subject to the Intellectual Property Code. Rights of use are limited to what is specified in the quotation. Any unauthorised re-use will be subject to additional invoicing. The source files will be returned to the customer once the order has been paid in full. My Marketing Director reserves the right to use the designs for communication and promotional purposes.
8. External supplies
Elements such as typography, photographs or illustrations are not included unless explicitly stated. The customer guarantees that the elements it provides are free of rights or belong to it. My Marketing Director cannot be held responsible in the event of a dispute on this subject.
9. References & self-promotion
The customer authorises My Marketing Director to mention its collaboration (name, logo, creation) in its communication media (website, networks, portfolios, trade fairs, etc.). The signature ‘My Marketing Director’ may appear on the documents produced unless the customer expressly refuses.
10. Delivery of files
The files delivered may not be modified, transmitted or reused for other projects without written agreement. Any other use is subject to prior approval.
11. Competitions
In the event of participation in a competition, design or execution costs may be invoiced at the end, even if the project is not selected.
12. Additional expenses
Additional expenses (subscriptions, travel, studies, media purchases, etc.) will be invoiced separately on presentation of supporting documents.
13. Confidentiality
All information exchanged, including prices, is covered by confidentiality.
14. Additional services
Any changes to the initial specifications, requests for major alterations or participation in additional meetings may result in additional invoicing of up to €200 per hour, excluding VAT.
15. Terms of payment
A deposit of 50% is payable when the order is placed. The balance is payable on delivery or at the end of the current month. In the event of cancellation, the deposit shall be retained. In the event of late payment, My Marketing Director reserves the right to suspend services. Legal penalties for late payment will be applied (3 times the legal interest rate).
16. Applicable law and jurisdiction
These GCS are governed by French law. In the event of a dispute, the competent court will be that of Strasbourg. Any tolerance shall not be construed as a waiver of these conditions.
