Terms and Conditions
1. Parties to the contract
The term “Client” designates any moral or physical person, having required the competences of Jeanne Georis for any creation within the framework of branding, graphic design, web design, photography, marketing and communication. The term “Third Party” designates any natural or legal person who is not a party to the contract. The term “Service Provider” refers to Jeanne Georis, a self-employed natural person registered under the company number: 0758.432.211
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in connection with the sale of products produced by the Service Provider for its Clients as part of its business activity of marketing and communication. The Service Provider reserves the right to modify its general terms and conditions of sale, packages and prices at any time and without prior notice. These changes will not affect any orders in progress.
If the Customer is a private individual, he acknowledges being of age in accordance with the laws of the country where he resides.
The Client calling upon the services of Jeanne Georis acknowledges having read and accepted without reservation the following general conditions of sale. To do this, the Customer shall sign the order, preceded by the handwritten words “read and approved” at the bottom of this document.
Any special requests not covered by the quotation or the order form shall be subject to specifications agreed by the Customer and the Service Provider and shall be subject to a new quotation. The Service Provider’s working hours are as follows: Monday to Friday, from 9:00 am to 6:00 pm. The Service Provider undertakes to communicate its holiday dates to Clients with whom a contract is in force.
3. Client’s responsibility
The Customer agrees to provide accurate and truthful information and to notify the Provider of any change in the data provided and shall be solely responsible for any malfunction that may result from incorrect information. The Customer must maintain a valid e-mail address.
4. Commitment of the parties
In general, the Client and the Service Provider undertake to cooperate actively to ensure the proper performance of the contract. Each party undertakes to communicate any difficulties of which it may become aware as the project progresses, to enable the other party to take the necessary measures.
4.1 The Client
To enable the Service Provider to carry out its mission, the Client agrees to :
- Establish a detailed specification which shall not be modified, unless agreed by the parties, after it has been approved by the Contractor. In the event that any changes involve a substantial reworking of the initial specifications, such changes will be invoiced in addition to the initial quote.
- Provide the Service Provider with the quote (dated, signed and stamped).
- To provide all the documentary, graphic and textual elements necessary for the good realization of the contract, (in particular in the good exploitable formats according to the targeted supports) the customer commits himself to provide all the legal information to be added in the documents and endorses the responsibility to provide the contents of the documents which it edits.
- To have the necessary rights on the elements provided above. The sponsor shall be solely responsible for this.
- To collaborate actively in the success of the project by providing the Service Provider with all the information and documents necessary for the proper understanding of the needs and the proper execution of the services in a timely manner.
- Strictly comply with the technical and creative recommendations made by the Service Provider.
- Guarantee the Service Provider against any action that could be brought against it due to the nature of the data or information (texts, images, sounds) that would have been provided or chosen by the Client.
- To pay the amounts due to the Service Provider in a timely manner.
- To inform the Service Provider of a possible competition with other service providers.
4.2 The Service Provider
- If necessary, the Service Provider may participate in the development of the specifications, jointly with the Client.
- The Service Provider guarantees that the creations are legally available and are not encumbered by the rights of third parties, whether or not they are employees of the Service Provider, for the uses provided for under the contract.
- The Service Provider undertakes to keep the Client informed on a regular basis of the progress of the project, in particular by means of validations submitted to the Client.
- With respect to confidentiality, the Service Provider agrees to keep strictly confidential all information and documents of any kind relating to the Client to which it may have had access during the performance of this assignment, even after the assignment has been terminated for any reason whatsoever.
5. Ancillary costs
The various elements that may be necessary for the performance of the Service Provider’s services and that are not included in its offers are not included in the prices indicated. These include, for example, fonts, website hosting or domain name. The following are to be invoiced in addition: modifications requested by the Client during the course of the project, if they involve a reworking of the project. The textual content enabling the product to be produced must be provided by the Client. The Client may also be invoiced for any travel required for the successful completion of the contract.
Subject to the Provider’s agreement, an additional emergency fee (50% of the daily rate) will be charged for services performed at the Client’s request outside the days and times defined in the “General” article, or in the event that the order is processed in priority to other orders being carried out by the Provider.
6. Quotation and start of work
The order is effective only after acceptance of the quote by both parties and once the quote is signed by the client and marked “for approval” and a deposit of 30% is paid if the amount of the order is greater than 500 €. This estimate is therefore a purchase order. This sum is non-refundable. The work will start when all the documents (signed quote, 30% of the total amount paid) are available to the Service Provider.
If the Client returns the quotation at a date later than the start date of the work indicated on this document, the Provider is entitled to extend the delivery date by the number of working days exceeding the date indicated on the quotation (working days do not include weekends, public holidays, sick leave and holiday periods).
After the creation phase(s) of the project, the Client undertakes to send to the Service Provider its validations in a clear and explicit manner by sending an email.
In the absence of a validation or a request for modification of the designs by the Customer within a period of fifteen days, they will be considered as validated by both parties. The work carried out, delivered and tacitly validated, implies that the sums corresponding to this work are due.
8. Invoices and payment
Unless additional time for payment is clearly granted, payment of the invoice is due on the date of delivery after it has been issued. Some projects will be subject to a 3-step payment schedule: 30% at the time of order, 40% within 30 days (from the date of the invoice) and the remaining 30% on delivery. Payment shall be made by bank transfer to the attention of Jeanne Georis. Any delay in payment will lead to an increase by right and without prior notice of default of 1.5% per month, increased by a fixed and irreducible compensation of 17%, with a minimum of 75.00€. In addition to this interest, the amount of our invoices may also be increased by €12.50 for a letter sent and by €25 for the travel of a person. Legal costs and any defence costs shall also be borne by the debtor.The present general contractual conditions are of reciprocal application between the parties. Any dispute, to be admissible, must be notified within a week, by registered mail, upon receipt of the invoice. In the event of a dispute, the courts of Brussels shall have exclusive jurisdiction.
9. Advance payment and cancellation of the order
In the event that the Client terminates the contract before the end of its term, the Client formally undertakes to settle and pay the amounts relating to the current schedule, to the jobs completed or in progress, as well as to the additional services performed.
All copyrights remain the exclusive property of the Service Provider, with the exception of data provided by the Client. The files and source data created and used by the Service Provider shall not be claimed by the Customer without a financial contribution.
All original files, as well as rejected projects, remain the property of the Service Provider. The source files and data created and used by the Service Provider shall not be claimed by the Customer without a financial contribution. Mock-ups and all original works remain the property of the Service Provider, as do rejected projects. The deposit already paid shall be retained by the Service Provider as compensation for the work undertaken.
10. Incapacity to work
In the event of incapacity to work due to illness or accident, the Contractor reserves the right to change the current schedule without the Client being entitled to claim compensation. It is understood that the Contractor shall notify the Client of his incapacity on the first working day.
11. Ownership of the work performed
The entire production and the rights thereto, which are the subject of the order, shall remain the full and exclusive property of the Service Provider until the invoices issued have been paid in full by the Client, up to the total amount of the order and any amendments made during the course of the service. As a corollary, the Client shall become the de facto owner of the production and of the rights assigned to the Service Provider as of the final and balancing payment of all invoices issued by the Service Provider in connection with the order. Unless otherwise stated in the quotation, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Client. In the absence of such a mention and if the Client wishes to have the sources of the documents, an amendment to this document shall be requested. In order for the Client to obtain the full copyright for the service, it shall be subject to an assignment of copyright in return for the amount stated in the quotation. The work carried out by the Service Provider, in particular the preliminary studies, remains confidential and may not be passed on by the Client to a third party without prior agreement.
12. Principles of transfer
The reproduction and republication of the Service Provider’s creations are subject to the collection of copyright. The transfer of these rights only concerns the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of a web or communication creation may not be made under any circumstances without the Provider’s consent. The signature may not be removed without the Provider’s consent.
An idea proposed by the Client does not in itself constitute a creation. Modifications or interpretations of one of the Service Provider’s graphic creations may not be made, under any circumstances, without the Service Provider’s consent.
13. Reproduction and distribution rights
Reproduction rights are calculated according to the distribution and use of the creation. They may be transferred globally, as a lump sum or partially. Any request for the transfer of file copies will be subject, after agreement from the Service Provider, to invoicing with immediate payment and must comply with strict rules of use. Each different adaptation of the original work shall be subject to a new transfer of copyright, whether or not the Service Provider is responsible for the adaptation. For each new edition, the amount of the rights must be updated. The rights are assigned within the temporal and geographical scope of this contract and shall not exceed this limit.
In order to allow the Client to freely exploit the service provided within the framework of its activity, all the economic rights relating to the Service Provider’s creation under the project shall be entirely and exclusively assigned to the Client, for distribution on the media specifically addressed at the time of the order, upon effective payment of the entire fee due.
14. Copyright and commercial mention
Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the production a commercial statement clearly indicating its contribution, such as the formula “Created by Lemon Studio Food”, accompanied, when the medium allows it, by a hypertext link pointing to the commercial site of its activity (https://lemonstudiofood.com)
15. Right of publicity
The Service Provider reserves the right to mention the work carried out for the Client on its external communication and advertising documents (website, portfolio, social media etc.) and during commercial prospecting.
16. Force majeure
The parties shall not be held responsible or in default 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 shall notify the other within five working days of the date on which it becomes aware of the force majeure.
Both parties will then agree on the conditions under which the contract will be continued.
17. Settlement of disputes
The contract is subject to Belgian law. In the absence of an amicable agreement between the parties, any dispute or litigation relating to the interpretation or execution of this contract shall be brought before the competent courts of Brussels, to which they expressly assign jurisdiction.