Terms and conditions
I. Preamble
Mattéo LOISEAU, is registered in the Evreux Trade and Companies Register as an individual entrepreneur under number 850 393 760. He specializes in publishing and audio editing.
Any contract concluded between Mattéo LOISEAU and a co-contractor will be subject to compliance with these General Conditions and any Special Conditions.
The parties must strictly comply with these General Conditions, unless an agreement has been agreed between the two parties providing for Special Conditions.
Indeed, the estimate or a specific document may contain Special Conditions which will be added to the General Conditions and will replace them in the event of incompatibility.
II.Pre-contractual phase and conclusion of the contract
Mattéo LOISEAU contacts his prospects by email or telephone. He studies the needs of the potential client and sends him a quote adapted to his request.
The estimate contains the nature of the service, the financial and delivery conditions. The estimate may also contain, if necessary, technical details and the Special Conditions.
The service provider leaves the possibility of providing a deposit when the service is important. The amount of the deposit will be indicated in the estimate and its payment will take place before the start of the service.
An execution schedule can be set by the service provider with the quote.
The contract will be deemed concluded when an express acceptance of the estimate has been transmitted by the customer. The quote is deemed accepted when one of the following actions is performed:
The signature of the quote by the customer,
Written confirmation on any durable medium transmitted by the customer (example: email),
The payment of a deposit or the full amount of the service indicated on the estimate.
III.Obligation of the parties
Customer’s obligation
The customer undertakes to respect the General Conditions of Sale and any Special Conditions.
In order to be able to carry out the service, the client undertakes to send the sources quickly to the service provider. The performance period of the service, if specified, will only start from the receipt of the sources.
The customer agrees to pay the price within the period indicated in the estimate and according to the proposed terms.
Obligation of the service provider
The service provider undertakes to implement its skills and all the means necessary to respond to the request made explicit by the customer. Its obligation is an obligation of means and not of result.
The customer may not seek reimbursement for the service on the basis of aesthetic or artistic criteria.
If an execution schedule has been set, the service provider undertakes to implement all means to respect this schedule. If no schedule has been set, the service provider undertakes to respond to the request within a reasonable time with regard to the service requested.
IV.Performance of the contract
The price of the service is that indicated on the estimate. It is indicated inclusive of VAT.
Payment can be made by bank transfer or Paypal.
It must be made within 30 days of the date of receipt of the product.
Late penalties will correspond to 3 times the legal rate in force and will begin on the 31st day following the date of receipt of the product.
The service provider retains ownership of the product until full payment for the service.
However, the delivery of the service by the service provider entails the immediate transfer of risks to the final work.
V.Data retention
Conservation of sources and performance
The service provider provides backup and archiving of computer data relating to the service performed (sources and results of the service).
However, the client remains responsible for carrying out its own backups of the sources and results.
The user’s agreement is requested on each first visit to the site before any use of cookies.
Retention of customer data:
Customer data (identity, address, telephone number, email address) is kept by the service provider and is essential for the performance of the contract. This information and personal data are also kept to meet legal and regulatory requirements (keeping accounts, as evidence to prevent litigation, etc.) for 10 years.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/ .679, the Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in contacting the data controller at the postal or e-mail address mentioned on the estimate. In the event of a complaint, the customer can contact the National Commission for Computing and Liberties (CNIL).
National Commission for Computing and Liberties: 3 Place de Fontenoy – TSA 80715- 75334 PARIS CEDEX 07.
Data Privacy:
The service provider undertakes to preserve the confidentiality of the data collected within the framework of its contractual relations, whether it concerns sources, sources modified within the framework of the service or the customer’s personal data.
VI.Intellectual property
The sources provided by the client remain the property of the latter.
Upon payment of the service, the client will be considered as full owner of the final work.
VII.Litigation
The contractual documents are written in French and governed by French law.
Any complaint must be made by the customer to the email address: contact@onetribe-studio.com
In the event of a dispute, the parties undertake to make their best efforts to find an amicable solution. In the absence of an amicable agreement found, the dispute will be submitted to the competent French jurisdiction.