General Conditions of Sale: Web Services

General conditions of sale of the communication agency Creativia when creating websites, internet animations and telephone applications.

Commercial Terms

Terms and conditions

The general conditions of sale are an integral part of the offers, confirmations and the Creativia communication agency and the resulting contracts.

The principal accepts the general conditions of sale and collaboration of which he declares having read.

Any possible exemption from this must be in written form. These General Terms and Conditions apply to the exclusion of all other General Terms and Conditions of the principal.

The general conditions determine the clauses in which Creativia and its partners, at the Client's request, will design, create and/or update the Client's website or develop web applications, internet animations and/or programming.

1. Creativia internet service

1.1. Website design

The internet creation agency undertakes to design, create and ensure the online availability of the website according to the conditions defined in the description of the offer and/or detailed specifications.

The internet creation agency must ensure that any authorizations relating to copyright or related rights resulting therefrom are obtained. Images purchased from image banks by the website Creativia are subject to copyright and their rights are limited to display only on its website or application.

The Client may not use these images for any other use or transmit them to third parties.

The Client must communicate to Creativia all the information necessary for the design of the website and its updating, which will be requested and provide all the texts in computer format.

The internet creation agency must put the website and any modifications online.

1.2. Fixes

The internet creation agency undertakes to carry out and put online any corrections to the website which the Client asks it to make, such as typing errors or spelling errors.

After validation of the Good to Distribute (which acts as proof) or after agreement for the distribution of the site by the client, the internet design agency can put the site online. It is not responsible for any errors (graphic, technical, spelling, missing texts, image problems, etc.) not notified by the customer.

For any modification resulting from changes that the customer wishes to make to his site, and which would not be considered as a correction, an estimate of the additional costs will be notified to him.

1.3. Acceptance, good to print, agreement for distribution

Creativia undertakes to make these modifications within a reasonable time, it being specified that these modifications are part of the overall offer and are not subject to any additional remuneration.

The information contained on its website or application is the responsibility of the Customer. He must carefully control them for distribution or posting online.

The Creativia communication agency and its specialized service providers cannot be held responsible for possible errors (graphic, technical, spelling, missing texts, image problems, etc.) observed after the distribution of the site and/or after the validation of the BAT or Good to Distribute of the site.

1.4. Exceptional work

Any exceptional work requested by the Client not falling within the scope of the services defined in this contract and its annexes will be the subject of an estimate which will only be executed after agreement by both parties.

1.5. Modifications/updating an existing site

The client gives Creativia access to his site in order to be able to intervene.

1.6. Fixed-price management and maintenance contract

Monthly hosting, management, SEO and/or maintenance packages are non-binding. It is canceled by written termination by registered mail. The current month is billed in full.

1.7. Delays and Delays

Delivery times, whether written or oral, are given for information purposes only.

Creativia undertakes to complete the delivery and services described in the offer, within a timely manner, notwithstanding delays attributable to the client (e.g. delay in the delivery of photos, access codes to its host , editorial content to integrate, information requested).

Delays attributable to the customer are in no way the responsibility of Creativia. The costs that these delays generate will be entirely borne by the Customer.

If the customer refuses to provide the instructions or sources necessary for the definitive completion of the service within 15 days, his website will be delivered to him in the state and invoiced. From then on, the Client undertakes to pay the entire service.

The deadlines being given as an indication, the client cannot mention a delay in terminating its collaboration with Creativia, nor demand possible compensation.

1.8. External elements

The majority of the various elements necessary to carry out the services of the service provider fall within its offers and are included in the prices indicated.

In cases where the sale would generate additional costs not directly included in the offer, such as additional typographies, additional photographs/illustrations from image banks, additional printing or web hosting costs, please he was unable to pay these costs himself, the Client may be asked to pay these costs by his Service Provider. Unless this has been explicitly specified in the offer, the textual content enabling the production of the product must be provided by the customer. Unless this has been explicitly specified in the offer or in a maintenance package, the costs linked to domain names/Site hosting/external platforms/plugin licenses/premium/paid extensions necessary for the proper functioning of the site are the responsibility of the site. responsibility of the customer. In the case of licenses that were the responsibility of Creativia during the sale of the website (for example, during initial development) and in the context of extended maintenance, a new quote will be offered to the customer each year in order to frame the new financial conditions which concern the maintenance of the website, in particular with regard to the paid extensions necessary for the proper functioning of the said site.

Domain names, site hosting, plugin licenses, extensions and external platforms are services offered by third-party providers. Creativia ensures that they function properly as an interface. However, their developments, updates, technical particularities of these third-party services are not under the responsibility of Creativia.

Creativia offers website management and maintenance solutions. These services are provided independently of the website creation service.

1.9. Content, legality and rights

The content belongs to the client, he must comply with the legislation in force in the context of his activity (in particular for doctors, lawyers, notaries, etc.) and in the countries where he distributes his communication.

Creativia cannot in any way be responsible for the content distributed by the client. They also cannot guarantee that its content is legal and does not contravene the legislation.

It is the Customer who must take all necessary steps to ensure compliance with the law.

Apart from a security subscription taken out with Creativia specifying the technical elements below. Creativia declines all responsibility, in whatever form and for whatever reason, after the functional delivery of the Client's site to a third-party server for any possible damage, of whatever nature, in connection with in particular access (or impossibility of access) to the site, the propagation of viruses, Trojan horses and any malicious codes or the use (or non-use), in any form whatsoever, of information appearing on Customer sites.

Creativia cannot be held responsible for material or immaterial damage which could be caused by access to the information disseminated or by its use or non-use, by misuse of the connection or by technical problems.

Under no circumstances, particularly in the event of negligence, can the Creativia agency be held responsible for direct, indirect or consequential damage resulting from the consultation, exploration, use or inability to use the websites of its Clients.

2 – Order form and progress of work

Payment of the deposit or acceptance of the quote by the customer serves as a signed order form and general conditions of sale. The customer acknowledges having read and accepted these general conditions of sale. The work begins as soon as the deposit has been made in full, received and validated by the company.

2. Notes regarding content

The readability of the content and the ease of use of the site will be prioritized. Site 100% compatible with popular browsers. Except for non-updated or outdated browsers.

3. CMS update

As IT is constantly evolving and to ensure the proper functioning of your site, we offer you a maintenance contract covering the various technical updates of the CMS, as well as telephone support for the use of the CMS, in the form of an annual package, the price is defined in our offers.

In the case of intervention on a third-party server not managed by Creativia, the Client must be able to provide all access useful for carrying out the mission.

Creativia reserves the right to refuse servers that are not subject to errors or do not meet the technical specifications developed by Creativia.

4. Guarantee and liability of Creativia

The internet creation agency guarantees that it will achieve the objectives set by the Client.

To this end, the internet creation agency will implement the techniques best suited to the needs expressed by the Client and provide quality services meeting the highest quality standards.

Creativia's responsibility stops at the technical aspects of the site. It will in no way be held responsible for the content of the site provided by the Client.

The Creativia agency cannot be held responsible for any breakdowns of the host or the networks allowing access to the site.

The Creativia creative agency will, however, do everything in its power to ensure that a normal situation is restored as quickly as possible (telephone contacts with the host).

5. Ownership

Upon final delivery of the site, the customer becomes the owner of his site and his domain name. However, for its operation the customer must ensure that they have web hosting with Creativia or a third-party provider, and have a domain name.

All rights, in particular intellectual property, on creations produced by the internet agency as part of the execution of its obligations belong to the Client.

Images or films purchased from image banks on behalf of the client are subject to copyright and have rights limited to display only on its website or application. The Client may not use these images for any other use or transmit them to third parties.

Subject to the good and faithful execution of its payment obligation as defined in art. 9 “Reservation of ownership”, the Client has the right to reproduce, modify, distribute, translate, respectively have such acts carried out by a third party for all the pages of the website, the files, programs or components of the website as well as as its updates, and this for an unlimited period.

5.1 Mandatory mention

The Client grants the Creativia agency the right to include its name/logo and internet links on its websites and to make reference to it on its own site. The Client is not authorized to delete these mentions even if he entrusts the adaptation, makeover or updating of his website to another internet creation agency.

6. Privacy

Each of the parties to this contract undertakes in its own name and that of its collaborators to consider as confidential, during the duration of this contract and after its expiration, the documents, systems, software, know-how coming from the other party of which it may have become aware during the execution of this contract, and not to use them outside the needs of this agreement.

Information which has fallen into the public domain or whose disclosure has been authorized in writing by the party concerned, nor information disclosed by the internet creation agency whose exploitation is necessary to enable the proper functioning of the website and the exercise of the rights conferred on the Client by this contract, in particular, but not only art. 5

7. Financial conditions

The creation of the Client's website will be invoiced by the Creativia agency, according to estimate, upon acceptance of the offer.

– Unless otherwise agreed, payment will be made as follows: 50% after validation of the quote

– 50% of the balance after validation by customer of the “good to distribute” see article 1.2. Upon receipt of the balance, the site is put online.

Offsets and withholdings are excluded.

Modifications requested subsequently on the technical level or on the quantity of elements presented may result in a modification of the offer prices.

By placing an order, the customer waives the right to invoke any rights of compensation and retention. In particular, it is not entitled to withhold payments due to complaints.

The customer is fully responsible for payment of the invoice amount.

8. References to the client

The Client authorizes the Creativia agency to use its name and the products developed on its behalf for the purposes of its own commercial promotion [except with express written authorization from the Client and accepted by the Creativia agency].

9. Reservation of title

The customer owns the website or web application from the moment 100% of the invoice is paid.

Otherwise, Creativia remains the sole owner of the developed site or application, until full payment of the service.

10. Termination

Creativia reserves the right to terminate, without formality and without compensation, this contract in the event of non-compliance with one of the clauses of these general conditions of sale. The customer who has not respected these general conditions of sale bears all the consequences of termination.

The amounts already received remain with the Creativia agency.

Whatever the reason for termination, the parties agree that the Client will have a period of one month to migrate the website to a new host, it being specified that art. 6 survives the expiration of the contract.

When termination is due to a breach by Creativia, the latter must provide the Client with all documents in its possession concerning the work carried out under this contract.

11.Conservation and archiving of documents

Unless explicitly agreed, the Creativia agency is not required to retain and archive the working documents and elements (logos, images, films, texts, etc.) provided by the Client.

The access codes, passwords, user names of the Client and its site are not kept by the agency.

The Creativia agency assumes no responsibility in the event of loss of data or deterioration of working documents and computer files entrusted by the Client.

The customer is obliged to keep the original data and, wherever possible, only transmit copies.

12 Binding nature

These T&Cs are the only conditions applicable to offers submitted as well as to all mandates entrusted to the Creativia agency.

The principal hereby expressly waives any further general conditions and unambiguously acknowledges the present T&Cs.

Divergent or additional provisions are only valid in written form, duly signed.

These General Terms and Conditions cancel and replace previous versions.

13. Disputes

In the event of difficulties or dispute between the parties regarding the interpretation, execution or termination of this agreement, the parties agree to seek an amicable solution in the spirit of this contract.

This contract is subject to law and any dispute or difference resulting from the conclusion and execution, respectively the poor execution of this contract will be subject to law.

Note: any reproduction or imitation is prohibited and will be subject to prosecution. (Law 241, Article 5)

Preamble | General Conditions (CG)

Since its founding, the communication agency Creativia has never encountered the slightest dispute or the slightest problem with its clients, partners and suppliers.

We would like to thank our customers, suppliers and partners for this excellent and healthy collaboration.

The general conditions found on the Creativia website are intended to clarify certain aspects of the collaboration.

Dialogue, honesty, sincerity, common sense, good faith and customer service are the values that will always be favored by Creativia and, we hope, by all our customers, partners and suppliers.

If any points in these terms and conditions require clarification, please do not hesitate to contact us to discuss them.

Applications / General Conditions (CG)

These general conditions apply to all orders for service(s) and/or product(s) placed with Creativia.

Ordering products/services from the Creativia communications agency is subject to acceptance by the buyer and constitutes acceptance, without any reservation by the latter, of all of the general conditions of Creativia and its partners and suppliers.

The buyer's acceptance is acquired by his oral or written agreement following receipt of the offer.

This approach is equivalent to the buyer recognizing that he has read and approves all of the general conditions of sale of Creativia and its partners as well as its subcontractors.

These general conditions are freely available on: https://www.creativia.fr/cgv

By validating the order, the customer accepts the general conditions of Creativia and its partners under: https://www.creativia.fr/cgv

Offers | Communication budgets

In the absence of contrary indications, the price calculations of the offers are based on complete documents and data, as well as on absolutely clear indications which cannot lead to misunderstandings concerning the content, form and dimensions of the services to be provided.

These indications bind the parties.

Offers and communication budgets may be subject, at the time of execution, to modifications in the event of variations: in quantities, broadcast areas, additional working time to be provided or any other change not known at the time. of their establishment.

Offers made on the basis of imprecise data, or in the absence of documents, can only be indicative and do not bind the Creativia agency nor its partners and suppliers.

Offers without a validity period lose all obligation to respect prices after 15 days.

Confidentiality

Each of the parties to this contract undertakes in its own name and that of its collaborators to consider as confidential, during the duration of this contract and after its expiration, information on the company, documents, communication concepts, marketing strategies , software, know-how from the other party which it may have become aware of during the execution of this contract, and not to use them outside the needs of this agreement.

Price | Financial conditions

The prices offered or confirmed, in the absence of any other agreement, are excluding VAT for France, including VAT for Switzerland.

Modifications requested a posteriori on the graphic, technical or quantity level may result in a modification of the offer prices.

By placing an order, the customer waives the right to invoke any rights of compensation and retention. In particular, it is not entitled to withhold payments due to complaints.

The client is fully responsible for payment of the invoice amount from Creativia and external service providers mandated for the production and dissemination of its communication.

Orders for services from external suppliers by Creativia (Photographers, printers, distributors, media, presses, etc.)

Creativia's intermediary role consists of advising and proposing to the client qualified and specialized companies (photographers, printers, distributors, media, presses, etc.) for the realization of global communication campaigns.

All orders from the Creativia agency to external service providers (photographers, printers, distributors, media, presses, etc.) are made as the client's agent. In the name, order and on behalf of the client.

Responsibility for payment of services ordered under mandate by Creativia “In the name, order and on behalf of the client” rests entirely with the client.

As agent of the client and ordering an order and on behalf of the latter, under no circumstances will the Creativia communication agency be held responsible for non-payment by the client and any amount due to suppliers. external services by the customer cannot be claimed from Creativia.

Suppliers are responsible for accepting or refusing an order from Creativia on behalf of and on behalf of a customer. It is up to them to assess the solvency of the end customer. If in doubt, they can walk away from the job or ask to be paid in advance.

Creativia's intermediary role consists of advising and proposing to the client qualified and specialized companies (photographers, printers, distributors, media, presses, etc.) for the realization of global communication campaigns.

During the execution of the work, Creativia's role consists of controlling the service providers and ensuring that the work corresponds to its order and the communication plan, on behalf of the client.

If, to honor its consulting and work preparation services, external service providers choose to grant agency commissions to Creativia, these belong entirely to the Creativia agency. The agency does not have to inform its clients and/or partners of obtaining possible agency commissions acquired, within the framework of its advisory and intermediary work, during its order orders and for the account of its principals.

Ready to print, control proof, customer agreement

Creativia and its partners provide control proofs (ready to print). The customer undertakes to carry out a careful examination of his proof and to accept it within a very short time (often a few hours) from its delivery, respectively to report any modifications that need to be made. to the proof so that he accepts it.

As soon as these modifications are made, the customer tacitly accepts the proof and thus gives his firm agreement for the printing and/or distribution of his communication.

In general, the client is entitled to 2 rounds of corrections. After these two rounds of corrections, subsequent modification requests may be chargeable and invoiced to the customer. Author corrections may also be subject to charge.

Corrections and modifications requested by telephone must be confirmed by the principal, within 24 hours and in writing, otherwise the responsibility of the Creativia agency and its service providers is released.

In the event that it is agreed not to present control and examination documents or if the client agrees to printing and/or distribution directly, without these control documents, the customer bears the costs. full risk.

The information contained in the proof and on its communication (texts, photos, illustrations, slogans, etc.) is the responsibility of the customer.

He must check them carefully (addresses, telephone numbers, texts, layout, images, compliance with the legislation of its content, etc.) and his agreement for printing and distribution is confirmation that everything is in order for him and that the agency can proceed to print and/or distribute his communication.

The Creativia communication agency and its specialized service providers cannot be held responsible for possible errors (spelling, missing text, image problem, layout problem, inconsistency with legislation, etc.) noted after the printing and/or distribution and not notified by the customer.

No compensation can be demanded for errors, whatever they may be, which were not notified by the client at the time of the proof and which are noted after the printing or distribution of the communication.

Delivery delay

Delivery times, whether written or oral, are given for information purposes only.

The Creativia communications agency does everything possible to offer delivery times as short as possible, however the necessary documents (texts and illustrations, lithos, manuscripts or data carriers, proofs of printing, etc.) must reach it. within the set times. The agency is not responsible for delays caused by the client.

The deadlines being given as an indication, the client cannot mention a delay in terminating its collaboration with Creativia, nor demand possible compensation.

If the customer refuses to provide the essential elements requested (access codes, logo, texts, images) or does not validate his “ready to print” within a reasonable time (from a few hours to 5 days), his communication will be delivered to him without these elements, without their validation and invoiced. From then on, the customer undertakes to pay the entire service, net within 10 days.

Conservation of Works | Data archiving

Unless otherwise agreed in writing, the Creativia agency and its partners are not required to archive, preserve and/or return to clients the work and achievements, the data and their supports, the tools, programs and any other means. production or production (files, images, images or vectors purchased for the client, films, electronic documents, print files, editing files, etc.).

Only the raw material and data provided by the customer can be returned if he requests it within a reasonable period of time (at the latest 3 months after delivery of its creation). Knowing that Creativia and its partners do not archive customer data, but can keep them for a short period of time, without any guarantee for the customer.

The Creativia agency and its partners decline all responsibility in the event of loss of customer data as well as their creations, following a failure of servers and/or storage drives.

SEO services

Our site www.creativia.fr is in the top positions of Google for highly competitive keywords, for example “Montpellier communication agency”. We also put the sites of clients who have worked with us in the top positions on Google.

Drawing on this experience, we have developed a methodology to optimize your SEO and reach the top positions in Google.

Our secrets for boosting your SEO must under no circumstances be disclosed to third parties.

As part of its services to improve the visibility of your website on search engines, Creativia performs numerous operations in the code of your site and intervenes on external sites.

This work helps boost your site’s SEO and improves its visibility on search engines,

However, search engine algorithms are constantly changing, which is why it is impossible to guarantee the client a position with a given keyword or to predict, in advance, the result of this SEO work with certainty.

The Creativia communication agency cannot be held responsible in the event of de-indexing of your website or possible loss of positions (regression).

As part of a SEO mandate, we cannot be held responsible in the event of penalties suffered by your website on a search engine and the losses that this could cause.

You accept that your website may be referenced on sites that you have not chosen and you cannot ask us to remove it. We do not position the sites of people or companies who do, will do or wish to do SEO for third parties.

By commissioning Creativia for the SEO of your website, you agree not to do SEO for third parties and not to transmit our SEO methods to external agencies.

Recognition when ordering

An order to the Creativia agency confirmed orally or in writing by the customer implies recognition, by the customer, of these general conditions of sale.

Note: any reproduction or imitation is prohibited and will be subject to prosecution. (Law 241, Article 5)

Copyright | Copyright

Copyright for services relating to the creation, purchase and rental of images, films and illustrations, rental of addresses or arrangement are determined in accordance with legal requirements.

Images, illustrations, sounds and films purchased from image banks or from photographers have limited usage rights. In most cases, and unless otherwise agreed in writing, the customer cannot use these images, films and illustrations for any other use than that initially intended by the Creativia agency and the customer during purchase/rental. of these elements.

Any further use may only be made with the express consent of the communications agency Creativia and the copyright owners.

Internet advertising | Google Adwords

When creating Google Adwords campaigns, your Google Adwords account will be included in Creativia's multi-account.

For better optimization of your campaign, we advise you to integrate Google Analytics into your website.

You would like your Google Analytics account to be shared with Creativia in order to improve the results of your advertising campaigns on the internet.

Creativia cannot be held responsible for the automatic decisions of Google or other broadcasters regarding the price per click (auction), the position of the advertisements, their refusal and/or their non-delivery.

Monthly management and optimization of digital campaigns

Our secrets for managing and optimizing digital campaigns must under no circumstances be disclosed to third parties active in the creation and management of digital campaigns.

In the event of manipulation of the digital communication account or accounts by the customer or by a third party mandated by the customer, our liability will be excluded and exonerated for any damage or request for repair.

Refusal to take delivery of the products

If the customer, duly informed, does not take delivery of his goods within a reasonable time, the Creativia communication agency is entitled to invoice him; he can store it, at his home or elsewhere, at the customer's expense and risk.

Content, legality and rights

The contents, including those produced by Creativia, belong to the client, he must comply with the legislation in force in the context of his activity (in particular for doctors, lawyers, dentists, notaries, etc.) and in the countries where he broadcasts his communication.

Creativia cannot in any way be responsible for the content distributed by the client. Nor can it guarantee that its content is legal and that it does not contravene a legal or official prohibition.

It is the client who must take all necessary steps to be certain that its content and its means of distribution are in compliance with the law and the practices of its sector.

Creativia declines all liability, in any form and for any reason whatsoever, for any possible damage of any nature whatsoever, in particular in connection with access (or inability to access) to the site, propagation viruses, Trojan horses and any malicious code or the use (or non-use), in any form whatsoever, of information appearing on customer sites.

Creativia cannot be held responsible for material or immaterial damage which could be caused by access to the information disseminated or by its use or non-use, by misuse of communication or by technical problems.

Under no circumstances, particularly in the event of negligence, can the Creativia agency be held responsible for direct, indirect or consequential damage resulting from the consultation, exploration, use or inability to use the communication of its clients.

Data ownership and copyright of the client

Any rights of the customer to electronic data and copyright are preserved.

Unless otherwise agreed, the Creativia agency is not required to save, archive or provide the data made available to it.

Right of reproduction of customer elements

The reproduction, distribution and printing of all documents, texts, illustrations, logos, photos, models and others, given to the Creativia agency by the client, are only made if the latter is the holder or has previously acquired the necessary reproduction rights; this is presumed.

This clause is also valid for archived data that is reused.

Reservation of title

The client grants the Creativia agency the right to include its name, its logo and its website and/or the mention “Production: Creativia” and internet links on the websites and all advertising creations and to make reference on its own site.

The client owns the website, the web application and its communication (excluding working files) from the moment 100% of invoices are paid.

Otherwise, Creativia and its possible service providers remain the sole owners of the developed site, the print files and all creations, until full payment of the service.

Creation materials, computer files

The Creativia agency has no problem providing the client with the print PDF files created for them. For reasons of manufacturing secrets, non-disclosure of know-how and copyright, working files are not provided to the customer (for example Indesign, Illustrator or Photoshop files).

This is why (unless otherwise agreed in writing), the means of creation and all computer files acquired and created by Creativia or its service providers (data carriers, electronic data, sketches, work files, computer files, etc.) remain the property of Creativia and/or its external service providers.

Print PDFs are delivered to the customer. The working files used to create print files or images do not belong to the customer in any way.

If the client wishes to receive working files, he must make a request, in writing, to Creativia no later than 3 months after receipt of his creation. Knowing that Creativia and its partners do not archive any data or customer work, but can keep them for a short period of time, without any guarantee of conservation or restitution for the customer.

On a case-by-case basis and without any guarantee, the communication agency Creativia and its possible external service providers will decide whether working files exist and whether they can be sold to the client. The purchase of these working files and the know-how, the search, unarchiving and file transmission services are subject to payment and are the responsibility of the customer.

Additional fees

Additional costs incurred by the customer or an intermediary agent in relation to the offer (author corrections, additional requests, increase in quantity, etc.) will be invoiced additionally.

Usual tolerances for graphic arts

The usual tolerances in the sector in terms of execution and materials remain reserved, in particular with regard to cutting precision, reproduction fidelity, colors and quality of printing media (paper, cardboard, etc.) .

All tolerances imposed on the Creativia agency by its suppliers are also applicable to its customers.

The customer assumes responsibility for any defects arising from the use of a supplier, support and/or system chosen and imposed by him.

Conservation and archiving of documents

Unless expressly agreed in writing, the Creativia agency is not required to retain and archive the work, working documents and elements (logos, illustrations, electronic files, images, films, texts, etc.) produced for the customer or provided by them.

The access codes, passwords, user names of the client and their site are not kept by the Creativia agency.

The Creativia agency and its service providers assume no responsibility in the event of loss of data or deterioration of working documents and computer files entrusted by the client.

The customer is obliged to keep the original data and, wherever possible, only transmit copies.

Termination of the contract

Creativia reserves the right to terminate, without formality and without compensation, this contract in the event of non-compliance with one of the clauses of these general conditions of sale. The customer who has not respected these general conditions of sale bears all the consequences of termination.

The client can also request the termination of his contract upon payment of the hours already worked for the production and implementation of his communication.

The amounts already received remain with the Creativia agency

Claims

The products and services delivered must be checked upon receipt by the customer. All complaints regarding quality and quantity must be made, in writing, within 8 days after receipt of the goods, failing which the services and/or products delivered are considered compliant.

The Creativia agency does not, under any circumstances, take responsibility for any commercial damage that it may have created by providing its services.

Binding nature

These T&Cs and those of the service providers mandated to carry out the client's communication are the only conditions applicable to the offers submitted as well as to all mandates entrusted to the Creativia agency and its partners and suppliers.

The client hereby expressly waives the right to assert other general conditions and unambiguously acknowledges the General Terms and Conditions of Creativia and its suppliers.

Divergent or additional provisions are only valid in written form, duly signed.

These General Terms and Conditions cancel and replace previous versions.

Disputes

In the event of difficulties or dispute between the parties regarding the interpretation, execution or termination of this agreement, the parties agree to seek an amicable solution in the spirit of this contract.

Legal forum/Courts

Unless otherwise provided, the ordinary courts of the Creativia agency's domicile have sole jurisdiction for any dispute that may arise between the client and the Creativia agency concerning the interpretation and execution of their contract as well as these general conditions.

All legal transactions with the creativia agency and all contractual disputes with the client are exclusively subject to French substantive law.

In the absence of other binding rules imposed by a legal norm, for any dispute that may arise from, or in relation to, contracts to which these T&Cs apply, the District Court of the place of residence of the Creativia agency is competent. If one of the clauses of these T&Cs were invalid, this would in no way affect the validity of the other clauses.

The Creativia agency nevertheless unilaterally has the right to sue the principal in its ordinary legal forum.