Terms of Sales

1. GENERAL CLAUSES
PHOBOSDESIGN is a company specialising in website design, graphic design and resale of printing services. These terms and conditions are intended to govern the contractual relationship between PHOBOSDESIGN and the other party.
The contracting party may consult these terms and conditions at the time of submission of the quote or purchase order. Thus, any product order placed by a contracting party will imply the final and irrevocable agreement of the contracting partner on all the general conditions presented below.
These conditions are thus brought to the knowledge of the customers and make the law of the parts. They will prevail over all other conditions appearing in any other document except preliminary, express and written exemption.
PHOBOSDESIGN reserves the right to refuse to develop a site that does not comply with morals and morals.
 
2. CONFIDENTIALITY
All documents processed remain confidential during the term of the contract and after its expiry. They can not under any circumstances be transmitted to a third party. PHOBOSDESIGN undertakes to remain silent on all the elements which it will be brought to take cognizance in its transaction with the cocontractant.
A confidentiality clause may be signed at the request of the other party.
 
3. ORDERS
Orders will be taken into account only after the return of the signed, dated and marked "voucher for agreement and execution" (with purchase order value) and the receipt of the deposit of 50% of the total price.
The period of validity of the purchase order is stipulated in the order form. PHOBOSDESIGN reserves the right to cancel or refuse any order from a co-contractor with whom there is a previous dispute.
It is up to the contracting party to send all the necessary documents to PHOBOSDESIGN such as texts, photos, graphic charter, logo ... concerning the realization of the project.

• Graphic visuals: PHOBOSDESIGN realizes the creation of a graphic set as long as it is part of the package or a specific order.

• Site creation: PHOBOSDESIGN proposes the putting on line of all the elements necessary for the creation of the site, elements provided by the contracting party. (texts, photos, graphic charter, logo, etc ...)
Out-of-package supplies such as typographical composition, photographs and illustrations of all origins, archival documents, etc., which may be necessary for the performance of the work, are not included in the prices indicated, as well as the possible participation in prize draws. photographic views, technical monitoring, travel expenses, etc.
Any cancellation of the order requested by the other party can only be taken into consideration if it reaches the registered office of PHOBOSDESIGN by registered letter with acknowledgment of receipt before the validation of the model or the "Coup à Tir". Installments paid will not be returned in any case, they constitute compensation for the proposals made.
 
4. RATES
The PHOBOSDESIGN tariffs are expressed in euros before tax (excluding taxes). The billing is based on the list of prices in force, or according to the offer made by PHOBOSDESIGN The sales price retained corresponds to that indicated on the quote.
 
5. DELIVERY TIME
Delivery times and dates, whether firm or not, must be stipulated in writing. If the cooperation of the contracting party is necessary for the delivery of PHOBOSDESIGN or agreed in advance, in case of waiting, the deadline will be extended for as long as the customer has not responded to this commitment.
In the case of a delay caused by changes on the part of the other party or problems related to third party products (software, computer, carrier ...) the time or the delivery date will be postponed accordingly.
PHOBOSDESIGN can not be held responsible for non-compliance with deadlines in all cases of force majeure or events beyond its control.
 
6. PAYMENT TERMS
A detailed invoice will be sent to you at the latest two weeks after the delivery of the work. Payments are made by check or bank transfer payable to PHOBOSDESIGN.

Invoices are payable as follows:
• 50% deposit by check or transfer to the order,
• the balance upon receipt of the goods or the delivery of the files.
Any late payment is subject to late penalties of a monthly rate of 2.13%.
In case of non-payment of the Customer or non-compliance with the terms of payment listed above, PHOBOSDESIGN reserves the right to suspend the delivery and / or execution of orders in progress or to cancel them.

Penalty clause :
In case of non-payment of a due date or abandonment of the unilateral act of the contracting party, the customer will be deprived of the benefit of the term and PHOBOSDESIGN may demand the immediate payment of the balance of the price remaining due.
In this same case, PHOBOSDESIGN may additionally claim from the co-contractor, as a penalty clause, compensation corresponding to 10% of this balance.
 
7. CLAIMS
The other party must check the documents submitted by PHOBOSDESIGN within 14 days from the date of delivery of the computer graphics work. If the service performed by PHOBOSDESIGN corresponds to the service expected by the other party, he must give his consent during this period. For printed infographics orders, this agreement will be given by means of a signed and dated "Bon-Tir".
In case of absence of express agreement from the contracting party during this period of 14 days, its silence will be worth unreserved agreement of the documents delivered by PHOBOSDESIGN.
If the service contains errors, the contracting party must address his claim by registered letter with acknowledgment of receipt during the same period of 14 days. For printed infographic orders, a calendar must be set up with the other party to define the date of sending the documents to print.
Claims will be limited to corrections and improvements to documents. In any case, it can not be a total overhaul of the graphic line of documents if the errors found are unimportant and do not affect the document accordingly. The changes requested by the other party after the validation of the model or the BAT will be invoiced in addition to the fixed price, at the rate in force at the signature of the estimate. Requests for compensation from the other party are excluded unless PHOBOSDESIGN is liable for intent or gross negligence.
 
8. LIABILITY
PHOBOSDESIGN engages in the framework of an obligation of means, to bring all the care and the diligence necessary to my implementation of a service of a quality in conformity with the uses of the profession and with the state of the art.
PHOBOSDESIGN's liability is limited to contractual and foreseeable damages. These are limited to the value of the contract.
PHOBOSDESIGN can not be held responsible for errors due to incorrect information, incomplete or not delivered in time by the contracting party and declines any responsibility for damages or losses that may occur during the transfer of data to the other party. The other party is obliged to guard against the loss of data. Liability for loss of data is limited to the usual replacement costs. These are calculated on the basis of the damage that would have been caused if the usual protective measures had been applied (backup copies ...). PHOBOSDESIGN can not be held responsible for damages caused by viruses.
The responsibility of PHOBOSDESIGN is expressly limited to the replacement of the recognized defective products or the refund of their price. Immaterial damages such as for example operating losses or orders are never compensated for ...

The responsibility of PHOBOSDESIGN can not be engaged as a result of any action or recourse of thirds, in particular:

• because of information, image, sound, texts, video-tape contrary to the laws and regulations in force, contained and / or broadcast on the site or sites of the other party;
• infringement of the intellectual property rights relating to the works broadcast in whole or in part on the customer's site (s) without the express agreement of the author. The co-contractor takes full responsibility for the documents he provides for reproduction on the Internet.
• because of the characteristics and limits of the Internet that the other party declares to know perfectly, the responsibility of PHOBOSDESIGN can not be committed for:
1. The difficulties of access to the hosted site because of the saturation of networks at certain periods.
2. Virus contamination of the data and / or software of the other party whose protection lies with the latter.
3. Malicious third-party intrusions on the counterparty's site, despite the reasonable security measures put in place by PHOBOSDESIGN.
4. Damage to the equipment connected to the server center, which is under the full responsibility of the other party.
5. Possible misuse of passwords, PINs and more generally sensitive information for the customer.
The Customer is solely responsible for the complete content of the products or services, by the ownership of its insertion or use, which makes them broadcast information of any public. He declares that he has secured the necessary rights to image rights in all its forms, to the humanistic rights of property to the physical and moral person, industrial property, etc ...
The Customer undertakes to check before validation the model or the good to shoot for the products or services ordered as a result of which, the Customer has no opportunity to question the responsibility of PHOBOSDESIGN after validation of the model or a certificate of good standing for the products or services ordered in cases where he failed to report to him an error or omission appearing on the model or the certificate for the products or services ordered.
PHOBOSDESIGN can not be responsible in case of copy, counterfeit, imitation and in a general way of any reproduction or any part of the products or services by a third, as well as of the use or publication not in conformity with the French law by the Customer of the products or services sold or any other operational incident due to disturbances on the telephone network or Internet network on the web and electricity network, or provider of access and accommodation. In accordance with Article 27 of the Data Protection Act of 6 January 1978, the Customer has a right of access and rectification to PHOBOSDESIGN data concerning him.
 
9. RIGHTS OF USE
All creations generate copyrights governed by the Code of Intellectual Property. Certain products such as drawings, images and graphic charters are sold with a personal right of use that prohibits the contracting party from making any assignment, copying or dissemination in public other than those provided by the law of ownership and the right to 'picture. The creation, object of the command can be exploited only under the conditions defined with the said command.
The other party will give the graphic designer several copies of the creations made. PHOBOSDESIGN reserves the right to use the creations for promotional purposes.
 
10. CREATION AND MAINTENANCE OF WEBSITE
Website creation
Creating a site involves several steps:
• the reservation of a domain name,
• the definition of the general structure of the site,
• the definition of the headings,
• the definition of the form,
• the physical construction of the pages,
• the setting on line allowing you to follow the evolution of the site,
• the final posting on a professional server.
The contracting partner is obliged to provide the texts and photographs to be inserted in the different sections. The duration of development of a site can not in any case exceed a calendar year from the date of the signature of the estimate. If this period is exceeded, PHOBOSDESIGN reserves the right to break the contract. The deposit paid will not be refunded.
PHOBOSDESIGN declines any responsibility as for possible malfunctions of the company providing the hosting of the site.

Website maintenance
The maintenance and the annual update will be the subject of a contract of which the following are the main terms:

Article 1.
Purpose and definition of the service
The update / maintenance will be provided by PHOBOSDESIGN according to the conditions defined below. The subscriber has a website at www.abonne.com.
The contract does not include domain name renewal fees or renewal fees for hosting the site.

Article 2.
Definition of the update
The update provides for a partial update of the website. The number of updates will be stipulated on the contract. The updated package does not include creating new topics or pages from the original site. Any additional or additional update to the contract will be billed according to current PHOBOSDESIGN tariffs. The update date (s) will be defined by mutual agreement between the other party and PHOBOSDESIGN.

Article 3.
Rules of use of the Internet
The subscriber declares to accept the characteristics and the limits of the Internet and recognizes in particular the following point: the data circulating on the Internet have not protected, in particular against the diversions possible.
PHOBOSDESIGN can in no way be held responsible for problems related to hosting, the reliability of data transmission, access times, the speed of loading the website or any other element not because of PHOBOSDESIGN.

Article 4.
Duration and termination of the contract
The contract is signed for a period of one year from the signing and settlement of the contract annuity.
At the end of this period, concerning the hosting, maintenance and follow-up services, each party may terminate it provided that it has notified the other party of its decision by registered letter with acknowledgment of receipt three months before the date anniversary of the contract. At the end of this period of one year, the contract will be renewed by tacit agreement and by period of 12 months except for the option of one of the two parties to terminate it on each anniversary date, with the respect of a 3 months notice served on the other party by registered letter with acknowledgment of receipt.
This information does not give right to any refund or credit. The denunciation entails payment by the customer of its financial obligations vis-à-vis PHOBOSDESIGN. Any billing period started remains due.

Article 5.
Prices
The price of the contract will depend on the number of updates and will be clearly stipulated on the contract. Prices are in euros.

Article 6. Conclusion of the contract
The contract will be considered valid and comes into force upon signature of both parties and upon receipt of payment of the annual subscription.
 
11. RENTAL OF ADVERTISING SPACE
PHOBOSDESIGN is required to offer rental advertising space for its own account or on behalf of a third organization. In the case of a publication published for its own account, PHOBOSDESIGN reserves the right of exclusivity of the branch of professional activity for which the advertisement will promote. In any case, a proof of receipt will be sent to you within 8 days preceding the publication concerned. Without response from you 72h before sending to the print we will consider our proposal as accepted.
 
12. APPLICABLE LAW
The general conditions of sale above are governed by French law. Any dispute or dispute concerning these terms and conditions will be submitted to the courts of the registered office of PHOBOSDESIGN to which it is expressly attributed jurisdiction.