These terms & conditions are concluded, on the one hand, by the limited liability company QUATTRO CREATIVE, established and having its registered office at L-8373 Hobscheid, 24, rue Neuort, by the Registre de Commerce et des Sociétés de Luxembourg under the number B201267 (hereinafter referred to as "QUATTRO CREATIVE") and, on the other hand, by any natural or legal person ordering services from QUATTRO CREATIVE, hereinafter referred to as the "Client".
These general conditions aim to define the contractual relations between QUATTRO CREATIVE and the Customer (hereinafter the “Contract”), including the conditions applicable to any estimate presented by QUATTRO CREATIVE.
Ordering a service offered by QUATTRO SERVICE implies full acceptance of these conditions of sale.
These conditions of sale will prevail over all other general or specific conditions not expressly approved by QUATTRO CREATIVE.
Characteristics of the offered services
QUATTRO CREATIVE offers all the services offered by a design studio such as analysis, design, graphic production (visuals, graphic elements), videos, animations, texts, the launch of a brand / product, as well as the realization of the conception, ergonomics, design, development and maintenance of visuals, websites, tablet / mobile applications, graphics and IT products / services, as well as all the tasks that are in relationship with these Services.
The services covered by the Contract (the “Services”) are those ordered by the Customer, possibly on the basis of an estimate established by QUATTRO CREATIVE, in addition to the additional services requested or required during the execution of the Contract by the Customer.
Information to be provided by the client
The Customer undertakes to provide QUATTRO CREATIVE with all the information and documents necessary for the proper performance of the Services (elements of the visual identity of the Customer's brand, if existing, visuals, texts, photos or other graphic elements, etc. ..) (hereinafter the “Equipment”).
This Material must meet the technical specifications as well as the requirements indicated by QUATTRO CREATIVE, including concerning the terms of transfer. QUATTRO CREATIVE reserves the right to accept or refuse to make any possible correction or even minor modification to be made to the Equipment for the provision of the Services. Additional work required by this correction or modification will be invoiced in addition to the price of performing the Services. The technical costs that QUATTRO CREATIVE could in any case be brought to bear due to the technical non-conformity of the Equipment delivered by the Customer will be invoiced to the latter.
Stages of production
The Client will provide QUATTRO CREATIVE with all the necessary information in order to be able to establish clear objectives between the two parties. The necessary information will be requested by QUATTRO CREATIVE when sending the quote / purchase order and the Customer undertakes to pay them within the time period stipulated by QUATTRO CREATIVE. Failing this, QUATTRO CREATIVE reserves the right to terminate the contract concluded with the Customer and to invoice the services already provided.
B) ANALYSIS & DESIGN
Following an in-depth analysis, QUATTRO CREATIVE will present a strategy for the entire project to the Client, followed by a graphic design of the Services.
In collaboration with the Client, QUATTRO CREATIVE will draw up documentation or specifications to identify and explain the functioning of the Services. In this context, an estimated schedule of the Services will also be agreed with the Customer.
D) GRAPHIC AND VISUAL EXECUTION
The execution can consist in the graphic realization of a visual identity (logo, letterhead, brochure ...), a photo shoot, a video (or graphic animation) or a model for a website / tablet / mobile (existing template or custom site).
As long as this Service has been entrusted to QUATTRO CREATIVE by the Customer, the latter will proceed with the final development, namely for example, as the case may be:
delivery of material to the printer and follow-up of workmanship;
photographic retouching and final layout;
the export of videos / animations in the formats and for the required media;
the development of the website / tablet / mobile;
installation on an internet server.
F) QUALITY CHECK
As part of the Services that require it and if expressly agreed between the parties, QUATTRO CREATIVE undertakes a phase of testing and quality control before any final delivery to the Customer.
The Customer will check the conformity of the elements with the various stages, described above, and will communicate any modifications to QUATTRO CREATIVE. If the Customer has not expressed reservations or made written complaints within ten working days of receipt of the elements after each step, they will be considered as accepted as they are and QUATTRO CREATIVE can no longer be held responsible.
The prices of the Services appear in any estimate sent to the Customer, otherwise in the QUATTRO CREATIVE price list. They do not include the costs of printing graphics, domain name costs and hosting costs.
The prices announced in the quotation are calculated on the basis of the working time that QUATTRO CREATIVE considers necessary to perform the Services, taking into account the information available to it when the quotation is drawn up. The estimated working time is mentioned in the quote submitted to the Client.
The estimate is an estimate. QUATTRO CREATIVE reserves the right to invoice the supplement provided, according to the rates indicated in the quotation or the list of QUATTRO CREATIVE rates, in the event that the estimated quantity of work is exceeded. The same will apply for the performance of additional work requested by the customer in writing, email or orally not provided for in the initial estimate. QUATTRO CREATIVE reserves the right to unilaterally adapt its prices according to the increase in the consumer price index linked to the basic index of January 1, 1948 (IPCN C2), as periodically published by the Central Service. of Statistics and Economic Studies (STATEC) (the “Index”). A drop in the Index has no effect on prices. The basic index applicable is that of the month in which the quote was sent by QUATTRO CREATIVE.
With some exceptions, QUATTRO CREATIVE establishes a free estimate for its Services which will be purely estimated. The purchase order is integrated into the quote that the Customer undertakes to sign before the execution of the Services. A copy of these general conditions is attached to the quote.
To accept the quote, the Customer sends to QUATTRO CREATIVE, by electronic mail (hello[at]wearequattro.lu) or by post, the quote including the order form duly completed, dated and signed. After acceptance of the quote, the Customer proceeds to payment of the deposit.
The sending of the order form entails the conclusion of the Contract as well as the acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver by the Customer of taking advantage of his own possible conditions of purchase or 'other conditions. The same would apply in the event of conclusion of a Contract by means of an order placed orally or by simple e-mail or post, without the establishment of an estimate or the sending of an order form by the Customer.
The Customer certifies that the data provided on the occasion of the order are sincere and accurate. He undertakes to notify QUATTRO CREATIVE within a week of any change in said data and cannot hold QUATTRO CREATIVE responsible for any damage that it may suffer due to the fact that the latter has relied on data which it has omitted to read. warn that they have become obsolete.
Invoicing and payment will be done under the following conditions, unless otherwise stated in the quote:
A deposit of 30% of the price at the time of the order.
Payment of the balance on delivery of the order.
With the exception of the deposit payable upon acceptance of the quote, payment must be made on its due date, within 30 days of receipt of the invoice, cash, without discount, by bank transfer, to the account following bank:
BCEELULL - LU75 0019 4655 6028 4000.
In the event of non-payment on time, late payment interest, as provided for by law, including, where applicable, the amended law of April 18, 2004 relating to payment deadlines and late interest, will be applied automatically from of the due date of the invoice in question.
QUATTRO CREATIVE reserves the right to issue interim invoices at times other than those defined in the table above for the exceptions mentioned in article 6 of this document or, in the event of a project determined in stages, QUATTRO CREATIVE reserves the right to invoice the services provided at the end of each stage.
QUATTRO CREATIVE undertakes to do its utmost to perform and deliver the Services within the deadlines in accordance with the schedule agreed with the Client.
The deadlines mentioned in the schedule are given for information only. QUATTRO CREATIVE may be required to modify them, without having to obtain the prior consent of the Customer, nor this modification could be analyzed as a breach on the part of QUATTRO CREATIVE or give rise to compensation or any claim. In any case, QUATTRO CREATIVE can not be held responsible for delays attributable to the Customer or any other service provider involved in the realization and / or delivery of the Service.
QUATTRO CREATIVE and the Customer undertake to inform each other of any circumstances which may modify the delivery dates.
QUATTRO CREATIVE disclaims all liability from the final delivery of the Services or from the delivery of each stage if the Services were to be delivered in stages and in particular cannot be held liable for the direct or indirect consequences resulting from:
a lack of compatibility between the Services and the equipment or infrastructures of the user or of third parties;
a security breach originating from the Internet user or a third party, not directly attributable to QUATTRO CREATIVE;
consequences of errors and / or fraud committed by the user or a third party;
possible unavailability or malfunction of electronic communications systems or networks.
Unless the Customer expressly requests, the services offered by QUATTRO CREATIVE do not include prior research. QUATTRO CREATIVE therefore assumes no responsibility for the availability or non-availability of a brand or a domain name.
QUATTRO CREATIVE cannot be held responsible for the services and or products provided to the Customer by third companies / persons, even if these are related to the Services.
QUATTRO CREATIVE cannot be held responsible if the execution of the Contract cannot be completed in whole or in part, due to causes beyond its control, in particular including the failure of a third party provider in connection with the Services.
Except in the event of willful misconduct, QUATTRO CREATIVE's total liability is always capped at the price paid by the Customer for that of the Services which gave rise to its liability.
Any complaint must be addressed to QUATTRO CREATIVE by registered mail as soon as possible by the Customer and at the latest within three months in which the Customer becomes aware of the fact giving rise to the questioning of the responsibility of QUATTRO CREATIVE. Failing to do so, the Customer will no longer be able to assert any claim concerning this operative event against QUATTRO CREATIVE, except in the event of willful misconduct.
In any event, the Customer will only be justified in demanding compensation for the failure of QUATTRO CREATIVE if a complaint in the form of formal notice has been unsuccessful and sent within the time limits and in the form provided for in the previous paragraph and allowing QUATTRO CREATIVE a period of 2 months to execute.
11.1. CONCERNING THE MATERIAL
The Customer undertakes and acknowledges having checked the availability of all signs, writings, logos, images, illustrations and all works or extracts from literary or artistic works appearing on the Material and which may be the subject of protection granted to rights. of intellectual property by existing legislation on trademarks, designs and copyright and neighboring rights or have obtained any authorization from their owners and / or authors in order to be able to proceed to their use, reproduction or disclosure.
The Customer undertakes and acknowledges that the Material and its content comply with any Luxembourg legislation that may be applicable, including in particular the amended law of July 30, 2002 on unfair competition.
In all cases, the Customer remains solely responsible for the content of the Material as well as for any violation of an intellectual property right or of privacy. Also, it will in particular hold QUATTRO CREATIVE free and unharmed from any prosecution or conviction to which it may be subject due to the content of the Material. In addition, the Customer undertakes to provide QUATTRO CREATIVE with all the documents and information necessary for its defense against any action which may be taken against it for non-compliance of the Equipment.
11.2. CONCERNING SERVICES
All graphic elements (logos, visuals, photographs, videos and animations) in good resolution and in the raw state (without the separate layers required for creation), HTML files, source codes and texts (including layout on page), as well as information related to the Services may be provided to the Client on simple written request to QUATTRO CREATIVE, after full payment of the invoices sent to the Client by QUATTRO CREATIVE.
Until full payment of the invoice is made, QUATTRO CREATIVE will retain the copyright to all material produced and may refuse any use by the Customer or third parties. After full payment of the invoice (principal, interest and possible penalties), the intellectual property related to the Services covered by the honored invoice will be transferred to the Customer.
QUATTRO CREATIVE reserves the right to use all material produced as part of the Services on its portfolio or for other promotional or advertising purposes. QUATTRO CREATIVE may make free use of the Client's name, its brand and the Services provided (logo, the entire project carried out) in its documents, presentations, in the press, on its website and other sites, at for commercial purposes, unless otherwise requested in writing by the Customer.
Data protection and confidentiality
The Customer authorizes QUATTRO CREATIVE to use the personal data provided as part of the Services and certifies that this data is sincere and accurate; he undertakes to notify QUATTRO CREATIVE within a week of any change in said data, it being understood that he cannot hold QUATTRO CREATIVE responsible for any damage he may suffer due to the fact that the latter has relied on data which he has failed to warn him that they are obsolete.
QUATTRO CREATIVE undertakes to process the Customer's personal data in accordance with the coordinated text of the amended law of 2 August 2002 relating to the protection of individuals with regard to the processing of personal data. In application of this law, the Customer has a right of access to data concerning him, a right of rectification in the event of an error in the data and a right of opposition to the collection of this data. , subject to justifying overriding and legitimate reasons. The data will be kept for the duration of the contractual relationship with the Customer and will be stored for the period authorized by applicable law.
QUATTRO CREATIVE guarantees the confidentiality of the information collected so that it will never communicate this information to third parties, subject, however, to communications ordered by judicial or administrative means or those authorized by the Client (including the agreement referred to in the last paragraph of article 11.2 of these general conditions).
The Customer, for his part, refrains from disclosing during the execution of the Contract but also at the end of it all the information, methods, documents or other information of which he will have knowledge during his collaboration on the project of this contract concerning QUATTRO CREATIVE. During the execution of the Contract as well as once it is terminated, the Customer also refrains from delivering, in copy or in original, the contracts, offers / quotes, order forms, or other documents issued by QUATTRO CREATIVE, to a third natural or legal person, without the prior written authorization of QUATTRO CREATIVE.
The Contract may be terminated out of court with immediate effect by QUATTRO CREATIVE in the event of a breach by the Customer of one or more of its contractual obligations, without prejudice to compensation for the damage caused by such breach (s). This termination can only be notified if the Client has been given a prior notice to perform his obligations, when such performance is still possible, and if within 8 days of receiving this formal notice, the Client has not remedied the situation.
In the event that the Client is declared bankrupt or subjected to any other collective procedure, QUATTRO CREATIVE may proceed to the out-of-court termination of the Contract with immediate effect without having to provide either notice or compensation.
The invalidity of one or more stipulations contained in these general conditions shall in no way affect the validity of the other clauses which will come into full effect.
In addition, the Customer will not be able to claim compensation for the cancellation in question.
The parties undertake to give their relations the meaning that most closely matches that of the canceled stipulation as well as the spirit of the general conditions.
Applicable law and dispute resolution
The General Conditions and contractual relations with the Client are governed by Luxembourg law and interpreted in accordance with it. Any dispute relating to the existence, interpretation, execution or termination of the Contract will fall under the exclusive jurisdiction of the courts of the city of Luxembourg.
Modification of the terms & conditions
These general conditions may be amended or supplemented at any time, without notice, depending on the development or modifications of the services or projects of QUATTRO CREATIVE.
In this case, the applicable conditions will be those in force on the date of the order by the Customer.