1.1. Services: The agency Atelier Design will provide the services described in the statement of work as presented. As an assignment develops, the scope of the required work may change. If this is the case, Atelier Design will seek to discuss this with you as soon as possible in order to agree on any modification to the scope of the services and the statement of work, which may prove necessary.
Unless specified in the statement of work, we include 2 rounds of revisions on all elements following the presentation of an initial concept. Revisions carried out thereafter will be invoiced according to Atelier Design’s standard hourly rate.
1.2. Information: To maximize the efficiency of Atelier Design, we must work as a team with you. Often, the work of Atelier Design will depend on how quickly you (or your other advisors) provide information. To avoid any unnecessary verification, Atelier Design will assume that all information you provide is complete and accurate, unless you inform us otherwise.
1.3. Incidents: Mailings or printed proofs produced by external printers, if necessary, will be invoiced to the client.
1.4. Termination: If you wish to terminate the contract after the commencement of the work, you will be invoiced for the work already carried out.
1.5. Force Majeure: Atelier Design shall not be liable for any delay or failure in the performance of its obligations if such delay or failure results from circumstances beyond the reasonable control of Atelier Design.
2.1. Payment conditions: Invoices must be paid by bank transfer to the bank account designated by Atelier Design within a period of 30 days end of month from the date of the invoice, unless otherwise agreed.
Atelier Design retains ownership of all work until full payment has been made.
2.2. Other specialized services: The quotation of Atelier Design does not include third-party costs such as photography, video production, sound recording, back-end development, etc., unless they are included in the quotation. Atelier Design may, subject to your prior approval, engage specialized services in areas that do not fall within its expertise. The costs of these services, once approved by you, will be passed on and will be subject to a corresponding quotation.
3.1. The agency Atelier Design provides a statement of work document detailing the functionality of the work we perform for our clients, including but not limited to a website, brand development, or communication strategies. Once the client signs and approves this document, any change beyond this scope will be treated as a new update and invoiced accordingly.
4.1. Content and images: It is your responsibility to provide us with the required information about your company and your marketing objectives. Atelier Design Agency is not responsible for errors in the content provided by you. Any resulting modifications may be invoiced at standard rates. Unless otherwise stated, it is your responsibility to provide all necessary text and graphic materials that constitute the content of the work. All content must be provided in an appropriate digital format, unless otherwise agreed in advance. Images must be provided in jpeg, gif, tif, png or psd format. Text must be provided in the form of a Microsoft Word document or Google Doc. Failure to provide materials in an easily accessible format may result in additional charges for retyping the text. If the content provided is in a form requiring substantial copywriting work, additional fees may be charged.
4.2. Information relating to tables, charts and infographics must be provided in Excel format. If we are required to retype large quantities of content, additional charges may be incurred.
4.3. Images provided by the client must always be high-resolution images at 300 DPI for print purposes. If they are intended solely for web use, lower resolution images are acceptable. Atelier Design Agency will assume that all images provided to us are the property of the client or have been purchased from stock libraries and are authorized for use by the client. We cannot use images taken from Google.
4.4. If you use images of children that you have taken, we will assume that you have obtained permission to use these images.
4.5. You authorize Atelier to use the logos and any other identity of the company for the purpose of creating the project. You agree to indemnify Atelier Design Agency against any claim arising from your negligence or your failure to obtain the appropriate copyright permissions for all content provided.
5.1. Confidentiality: Unless required by law, Atelier Design will keep your documents and affairs confidential at all times, unless you authorize disclosure or the relevant circumstances are already in the public domain. Atelier may, however, disclose your documents and affairs to:
(i) those of your other service providers that you inform Atelier Design about and who are involved in any assignment for which Atelier Design is appointed;
(ii) affiliated or related parties of Atelier Design; and
(iii) any other service provider to whom Atelier Design may appropriately delegate aspects of any assignment in order to provide you with a full range of services.
Provided that, with respect to the service providers referred to in points (ii) and (iii), they are bound by a confidentiality obligation as extensive as that contained in this contract.
6.1. Freedom to use ideas and intellectual property: Atelier Design may develop or use for other clients any idea, concept, source code, information or know-how reflected in any material provided to you (in whatever form) or otherwise developed in the course of providing services to you, provided that such use does not create a risk of confusion among the public, that is to say the risk that the public might believe that the products and services in question originate from the same company or from related companies.
6.2. Ownership of materials and intellectual property: All products, creative works, design plans, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, advertising materials and other marketing materials (whether on paper, computer disk, by email or in any other digital format) provided by Atelier Design shall, once you have paid Atelier Design in full for the relevant materials, become your property, except to the extent that intellectual property rights have been reserved by Atelier Design or by third parties engaged or employed by Atelier Design.
6.3. Portfolio rights: Subject to your prior approval, Atelier Design reserves the right to present your project on its website and in its design portfolio for the sole purpose of promoting our work.
6.4. Working files and copyright: Atelier Design holds the legal copyright to our working files (other than the source code, these refer to the creation files). The working files are our intellectual property and this may include, but is not limited to, design concepts, design elements, infographics, fonts and imagery. Working files are not delivered as part of our projects. If you wish to receive working files, you must request them and we will provide you with a quotation for this transfer.
The developed website incorporates elements specifically designed for the client as well as proprietary technologies developed by Atelier Design.
Upon full payment of the project, the client acquires full ownership of the website, including the source code, design, databases and content. The client also benefits from a full, free, worldwide, perpetual, non-exclusive, non-transferable and non-assignable license allowing the use of all intellectual property rights integrated into the website. This license authorizes the client to freely use, modify, improve, adapt and translate the website as part of its activities.
Regarding the use of the website, once the pages are implemented, the client may freely use the code and components, without restriction, within its own digital environment.
However, the code may not be resold without the prior consent of Atelier Design. It may only be shared or made available to third parties within the framework of the development, maintenance or evolution of the client’s website, and strictly to the extent necessary for this purpose. Any third party having access to this code must be subject to a confidentiality obligation prohibiting, in particular, any reuse for other clients or projects.
If the client wishes to entrust the maintenance or evolution of the site to another agency, this remains entirely possible, as the site is developed on WordPress (open source). The new agency must, however, contractually undertake not to use, reproduce or resell all or part of the code developed by Atelier Design outside the strict scope of the client’s project.
7.1. All services may only be used for lawful purposes. You agree to indemnify and hold Atelier Design harmless from any claim resulting from your use of our services that may cause harm to you or to any other party.
8.1. Our total liability towards you under a contract or tort in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9.1. Modification: These terms and conditions (and/or the content of any agreement to which they relate) may be amended or replaced at any time by a written agreement between us. Such modification shall not affect the rights or obligations of either party that have already been acquired, unless specifically agreed otherwise.
Terms and Conditions
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