Terms of sale

Article 1. Purpose and scope

The services are reserved exclusively for clients acting for the purposes of their professional activity. The client confirms this when requesting a quote and provides accurate professional contact details.

These general terms govern the graphic design and visual communication services provided by the designer, in particular the creation of logos, visual identities, brand guidelines, printed materials, social media visuals, website mock-ups and any other material expressly defined in the quote.

Each order is the subject of a quote specifying the service, its scope, its price, the deliverables, the indicative or agreed timescales and any usage rights assigned.

In the event of a contradiction, the specific terms expressly agreed in the quote prevail over these general terms for the project concerned.

Article 2. Quote and acceptance of the order

Quotes are valid for one month from their date of issue, unless stated otherwise.

The order is considered accepted when the client has signed the quote, or accepted it in writing in a way that keeps proof of it, and has paid the agreed deposit.

Work starts once the deposit has actually been received in the bank account and all the necessary content has been received, after acceptance of the quote and subject to the mandatory protections applicable to professional contracts. An instant bank transfer is recommended to start sooner; a standard transfer is accepted. Proof of a transfer does not replace the actual receipt of the funds.

Any substantial change to the order must be accepted in writing. It may lead to a revision of the price and of the schedule.

Article 3. Prices and payment terms

Prices and any additional costs are stated in the quote. The offers that use an existing identity (poster, brochure, website mock-ups) do not include the creation of the logo or of the brand guidelines. Vectorising an existing element from a supplied model is charged €18 per element, after agreement on the number. Creating an element that does not exist is a separate service.

A deposit of 30% of the order amount is payable on acceptance of the quote. The remaining 70% is payable on delivery of the final files, unless a different schedule is expressly stated in the quote.

The deposit is a contractual commitment (acompte under French law) and must not be confused with a refundable holding deposit (arrhes).

Any additional service, purchase of specific resources, printing, technical development, third-party licence or external expense not included in the quote will be announced beforehand and, where necessary, its cost agreed in writing.

The designer is not required to incur additional expenses on the client’s behalf without the client’s prior agreement.

As the designer benefits from the French VAT exemption scheme for small businesses (franchise en base de TVA), the following statement appears on the commercial documents: « TVA non applicable, art. 293 B du CGI » (VAT not applicable). This statement will be adapted if the designer’s VAT status changes.

Article 4. Running the project and the client’s obligations

The client undertakes to provide, within the agreed timescales, the information, texts, images, logos, technical access, instructions and other elements needed to carry out the service.

Where necessary, the client appoints one contact person authorised to gather the feedback and approve the stages of the project.

The client guarantees that they hold the authorisations and rights needed for the elements they send to the designer. The client remains responsible for the accuracy of the information, texts, contact details, commercial claims and regulatory statements they provide or approve.

The designer is not responsible for delays caused by missing elements, late approvals or changes requested by the client.

PNG, SVG, JPG and PDF exports are included depending on the content, SVG being intended for vector elements. Later re-exports without changes are included without new payment only if the corresponding option appears in the quote; without this option, such future work is not included. Retouching, new layouts and adaptations remain separate. Editable source files are included only if the quote provides for them.

Article 5. Changes and additional requests

The price includes two rounds of changes on the chosen proposal, within the limits of the initial brief and the scope of the quote.

A round is a consolidated set of feedback sent at once. The client undertakes to group their requests before each sending.

The included changes do not cover: - a change of artistic direction after approval; - a complete redesign of a chosen proposal; - a significant change to the initial brief; - the creation of new concepts or variants not provided for; - new versions or layouts not mentioned in the quote (future re-exports without changes are included only if the corresponding option is ordered).

Such requests will be the subject of an additional quote or of a written agreement on an additional price before they are carried out.

Intermediate approvals must be given in writing. Any change to a stage already approved may be charged in addition.

Article 6. Timescales, approvals and suspension of the project

The timescales are those stated in the quote. Where no firm date has been expressly agreed, timescales are indicative.

The schedule starts when the designer has the deposit and all the elements needed to start.

Any delay attributable to the client leads to a reasonable postponement of the deadlines. After a prolonged interruption, the project may be rescheduled according to the designer’s availability, after informing the client.

If the client does not respond for more than 30 days, the designer may ask for written confirmation that the project continues and propose a new schedule. Services already carried out remain due under the agreed terms.

Nothing in this article amounts to automatic approval of the project, a waiver of the client’s rights or the invoicing of services not carried out.

Article 7. Cancellation and termination

Any request for cancellation must be made in writing.

If the project is stopped at the client’s initiative, the services carried out up to the effective date of the stop, as well as the authorised, justified and non-recoverable external expenses, are due under the conditions provided by the contract and the law.

Sums already paid are set against the amounts due. Any remaining balance is refunded or invoiced according to the final statement.

The deposit is not automatically kept in full by the designer in the event of cancellation. The handling of the sums paid takes into account the services carried out, the commitments made and the applicable mandatory provisions.

In the event of a serious breach of contract by one of the parties, the other party may ask in writing for the breach to be remedied and, if the legal and contractual conditions are met, end the contract.

Article 8. Delivery of the files and source files

The designer delivers the files and versions mentioned in the quote. Final PNG exports, SVG for vector elements, JPG and PDF are included depending on the content. Later re-exports without changes are included without new payment only if the corresponding option was ordered.

Unless stated otherwise, working source files, editable files, layers, sketches, unused proposals, preparatory documents and production elements are not included.

Source files may be offered as a paid option, on written agreement specifying the price, the formats concerned and, where applicable, the associated rights.

The client must check the delivered files and promptly report any non-conformity with the quote. The recommended time for this is 7 days after delivery, without prejudice to the client’s legal rights.

Any request for an aesthetic or functional change that does not correspond to a non-conformity will be treated as an additional request.

Article 9. Intellectual property and usage rights

The designer’s original creations are protected by copyright, in accordance with the French Intellectual Property Code.

Ordering and paying for the graphic design service does not, on its own, amount to a general assignment of all copyright.

The rights of reproduction, representation and, where applicable, adaptation are defined in the quote or in a separate assignment agreement. It specifies in particular: - the creations concerned; - the rights expressly assigned; - the authorised media and uses; - the purpose and extent of the use; - the territory; - the duration; - whether the assignment is exclusive or not; - the remuneration for the assignment, where applicable.

Rights that are not expressly assigned remain reserved to the designer.

Unless otherwise agreed in writing, the assignment of the usage rights provided for in the quote takes effect after full payment of the sums due for the service and the assignment.

Before the agreed rights take effect, the client may not use the creations commercially without the designer’s written authorisation.

Third-party elements, in particular fonts, photographs, illustrations, software, templates or licensed resources, remain subject to the conditions of their respective owners.

Article 10. Elements supplied by the client and compliance

The client guarantees that they hold the rights and authorisations needed to use the elements they supply.

It is the client’s responsibility to check the content, legal statements, rules specific to their sector, third-party rights, trademarks and the availability of trade names, unless a verification task is expressly provided for in the quote.

For logos and visual identities, trademark searches, filing with the French IP office (INPI) or any other office and legal advice are not included, unless expressly stated.

The designer undertakes to respect the agreed scope and their legal obligations. No clause may exclude the designer’s liability for faults for which they are legally responsible.

Article 11. Late payment

For professional clients, invoices state the payment deadline, the rate of late-payment penalties and the fixed recovery fee of €40 due under the conditions provided by French law.

Late-payment penalties are payable according to the rules applicable to transactions between professionals.

In the event of non-payment, the designer may send a reminder, then a formal notice, and use the remedies provided by law. Any suspension of the service must be justified by the circumstances and carried out in compliance with the applicable contractual obligations.

Article 12. Portfolio and communication

The client authorises the designer to show the final creations made for them on the designer’s website and professional communication materials, after the client has published them. This authorisation is limited to presenting the designer’s work. It does not cover confidential information or third-party elements whose rights do not allow such presentation. Exclusions agreed in writing are respected. Proof of this authorisation must be kept before publication.

Confidential or unpublished projects, or projects covered by a confidentiality commitment, will not be shown without prior authorisation.

Mentioning the client’s name or brand as a commercial reference is subject to the applicable rights and authorisations.

Article 13. Mandatory provisions applicable to certain professional contracts

Contracts are concluded for the client’s professional purposes. No general right of withdrawal is announced for these orders.

When the conditions of article L. 221-3 of the French Consumer Code are met for an off-premises contract between professionals, the mandatory protections provided by that article remain applicable: the subject of the contract falls outside the main activity of the professional approached, and that professional employs five people or fewer. The required information and formalities are then provided before any commitment.

No provision of the quote or of these terms deprives the client of a mandatory right applicable to their situation.

Article 14. Complaints and disputes between professionals

Any complaint about a service may be sent in writing to contact@jeremysauterel.net.

The parties favour an amicable solution, without this preventing the limitation periods or the remedies provided by law from running.

These terms are governed by French law. The legal rules on jurisdiction apply.

Article 15. Acceptance of the terms

The signed quote and these general terms, provided to the client before the contract is concluded and expressly accepted, form the contractual agreement between the parties.