Legal Notices
In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, we inform you that:
This website is published by:
• MASSON Maxime - Aquila Com
• Address of the registered office: 21 hameau Saint Michel, 06380 SOSPEL
• SIRET: 905.361.770.00019
• Phone number: 07 81 96 29 21
• E-mail: contact.aquilacom@gmail.com
• VAT identification number: FR 905361770
• The publication director is: Maxime MASSON
The host of the site ensuring direct and permanent storage is: Framer BV "Framer"
(info at https://www.framer.com/legal/terms-of-service/ .)
Personal data:
The information collected is subject to data processing intended to recontact visitors who made a request on the website. The recipients of the data are exclusively the collaborators of Maxime MASSON - AQUILA COM
In accordance with the "Informatique et Libertés" law of January 6, 1978, as amended in 2004, you have the right to access and rectify the information concerning you, which you can exercise by contacting:
Maxime MASSON
21 hameau Saint Michel
06380 Sospel
Intellectual property:
The texts, animated or static images, sounds, videos, graphics, and any other elements comprising the site are the exclusive property of the company Maxime MASSON - AQUILA COM. Any reproduction or representation of the site, in whole or in part, is prohibited without the written consent of the company AQUILA COM - Maxime MASSON and would constitute infringement subject to the penalties of articles L.335-2 and following of the Intellectual Property Code.
Computer data:
Your data is processed in a strictly confidential manner and is intended solely for AQUILA COM - Maxime MASSON. In accordance with Article 34 of the "Informatique et Libertés" law (No 78-17 of January 6, 1978), you have the right to access, modify, rectify, and delete your data. To do so, simply request this by email at contact.aquilacom@gmail.com, providing your last name, first name, and address.
Photo credits: MASSON Maxime
Terms and Conditions of Sale
Maxime MASSON
FREELANCE GRAPHIC DESIGNER
1 - Parties of the contract :
The term "Client" refers to any natural or legal person who has requested the professional skills of Maxime MASSON as an independent Graphic Designer (freelance). The term "Third Party" refers to any legal or natural person not party to the contract. The term "Graphic Designer" refers to the individual company AQUILA COM, represented by Maxime MASSON, whose registered office is 21 hameau Saint Michel in SOSPEL, registered with the Nice Trade and Companies Register under the number SIRET: 905.361.770.00019.
2 - Generalities
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties when any order is placed by a Client with the company AQUILA COM in the context of its graphic design and creation service activities, and this by all means available to it (mail, phone, email, etc.).
The Designer reserves the right to modify its general terms and conditions of sale, its formulas, and its prices at any time and without notice. These modifications will have no impact on ongoing orders or on purchase orders that have already been signed.
The Client requesting the services of Maxime MASSON acknowledges having taken note of the advisory, artistic, and technical capabilities of the Designer before seeking their intervention and unconditionally accepts the following general terms and conditions of sale, as well as the warnings stated in the Excerpt of Law No. 57-298 of March 11, 1957, regarding artistic property (J.O. of March 14, 1957) of authors' rights concerning intellectual property laws.
To do this, the Client will affix during the order their signature preceded by the handwritten mention " read and approved " at the bottom of the general terms and conditions. Any signed order or quote results in the full and unconditional acceptance by the Client of these general terms and conditions of sale as well as of the specifications (attached to the quote if applicable). The service includes everything that is explicitly listed in the "Label" field of the custom quote. Consequently, it does not include anything that is not explicitly mentioned in this same field.
3 - Client Responsibility
In order to allow these achievements under the best conditions, the Client commits to providing accurate and real information and commits to informing the Graphic Designer of any changes regarding the data provided. The Client will be solely responsible for any dysfunctions or errors that may arise from incorrect information transmitted by them.
Furthermore, and in the interest of smooth communication, the Client must maintain a valid email address, phone number, and postal address.
4 - Engagement of the parties
In general, the Client and the Designer commit to actively collaborate in order to ensure the proper execution of the contract. Each party agrees to communicate any difficulties they might become aware of as the project progresses, to allow the other party to take the necessary measures. The Designer commits to design timelines for the projects, and likewise, the Client commits to providing the necessary information for the completion of the project within the allotted time for the project (anticipating the time for back-and-forth corrections specified in the contract as well as the phases of project proofreading).
A/ The Client
To enable the Designer to carry out his mission correctly and within the given time, the Client agrees to:
• Establish a specifications document as precise as possible detailing the nature and environment of the order to be executed, which will not be modified, unless agreed by the parties, after being approved by the Designer. If the client company does not provide a specifications document before the start of the execution of the order, or when the specifications document does not provide sufficient indications or recommendations on how the creation of an element included in the order should be approached, both parties agree that the visual design is left to the interpretation of Maxime MASSON.
• Provide the Designer with the order/quote (dated, signed, and stamped)
• Provide all documentary, graphic, and textual elements necessary for the proper execution of the contract, (in formats requested by the Designer for optimal and quality execution of the chosen medium) and all legal information to be added in the documents. The Client assumes the responsibility of providing the content of the documents he edits.
• Hold the necessary intellectual property rights related to all the elements transmitted to the Designer (logo, symbol, photographs…). The search for prior rights on names and creations is the responsibility of the Client and remains his responsibility. Only the responsibility of the contractor can be engaged in this respect.
• Actively collaborate for the success of the project by providing the Designer within the useful deadlines all documents and information necessary for the proper understanding of the needs and the proper execution of the service.
• Accept the technical and creative recommendations made by the Designer or choose the most suitable proposal if applicable.
• Guarantee the Designer against any action that could be taken against him due to the nature of the data or information (texts, images, sounds) that may have been provided or chosen by the Client.
• Pay the amounts due to the Designer within the defined deadlines.
• Inform the Designer of any competitive bidding with other Designers.
B/ The Graphic Designer
• If necessary and in the interest of maintaining fluid communication with the Client, the Designer may intervene in the development of the specifications, jointly with the Client.
• The Designer guarantees that the creations are legally available and are not encumbered by third-party rights, whether employees of the Designer or not, for the uses planned under the contract.
• The Designer commits to regularly and effectively inform the Client of the progress of the project. A system of back-and-forth communication and client approval will be established within the framework of the contract.
• In terms of confidentiality, for the entire duration of this agreement and even after its termination, the Designer commits to strictly keep confidential all information and documents of any nature relating to the Client, to which they may have had access in particular as part of the execution of their mission.
5 - Additional Fees
The technical fees and various elements necessary for the performance of the Graphic Designer's services that are not part of their offers are not included in the prices indicated in the quote initially presented to the client. This includes, for example, font licenses, art purchases (photographs or illustrations from stock image sources), engraving or printing fees, or shipping costs.
In the event that modifications, additions or deletions of data, requested by the client during the execution – and indicating an omission or error on their part, would involve a substantial reworking of the initial specifications (author corrections), or resulting in additional work, these will be charged in addition to the initial quote.
The amounts corresponding to the work already performed by the Graphic Designer are due from the client company and are immediately payable.
Subject to the Graphic Designer's agreement, an additional emergency fee (a 50% increase on the hourly rate) will be charged for services performed at the request of the Client on Saturdays, Sundays, public holidays, or at night (between 7 PM and 9 AM the following morning), or in case of prioritizing the order over other orders being processed by the Graphic Designer.
6 – PURCHASE ORDER AND START OF WORK
The signed quote by the Client, as well as the General Terms and Conditions (GTC), constitute acceptance of these and serve as a purchase order.
The quotes issued by the Graphic Designer are valid from the date of issuance and for a period of two months. They may be revised upwards or downwards, particularly in case of changes to the specifications. From the signing of the quote, the Client must pay a deposit of 30% of the total price of the work to be performed, before the work begins. The remaining 70% upon presentation of the final invoice, upon receipt of the work by the Client.
The work will begin when all documents (quotes and signed GTC, 30% of the total amount paid) and necessary graphic, typographic, and textual documents for the proper execution of the contract are available to the Graphic Designer.
The deadline for completing the order is defined in the specifications attached to the quote and accepted and signed by the Client. Failing that, the maximum deadline for the Graphic Designer to complete the order placed by a Client acting as a consumer and validated is set at six (6) months.
7 - Validation
After the project creation phase, the Client commits to explicitly transmitting their validation to the Graphic Designer (sending an email or a dated and signed letter) to Maxime MASSON. It is agreed between both parties that consideration of change requests made by other means, particularly orally, is left to the discretion of the Graphic Designer.
In the absence of validation or a request for changes to the mockups by the client within a period of fifteen days, they will be considered validated by both parties. The work tacitly validated will be delivered in good and due form by the Graphic Designer. This implies that the amounts corresponding to this work are due.
The means and software for visualizing the mockups before they go to print are numerous and do not all meet the same standards. As a result, the Graphic Designer cannot be held responsible for any differences between a computer visualization and the final printed products. The reproduction of colors cannot be guaranteed to be identical between the computer tool and the production line. The colors visible on a screen (whatever it may be) are not contractual and will in no case be those reproduced on the various proposed media (the same applies to prints made on a printer).
8 - Billing and Payment
The invoice payment is due on the delivery date or no later than 15 days after its issuance, unless an additional payment term is clearly agreed upon by the Designer. Payment is made by bank transfer to the order of MASSON Maxime.
In case of delay, penalties will be incurred without the need for a reminder in accordance with the law. These penalties amount to 20% of the total invoice amount per day of delay. The calculation of penalties will begin on the second business day after the payment date indicated on the invoices. The calculation will end on the day of receipt of the payment. In case of non-payment, the Client will bear all collection costs.
9 - Deposit and order cancellation
In the event of the Client terminating the contract before its completion, the Client agrees to formally regularize and compensate for the amounts relating to the progress of the project, the tasks completed or in progress, as well as the additional services performed.
All copyright remains the exclusive and entire property of Maxime MASSON, AQUILA COM, with the exception of the data provided by the Client. The source files and data created and used by the Graphic Designer cannot be claimed by the Client without a financial contribution. The layouts, and more broadly, all original works, remain the property of the Graphic Designer, as do the rejected projects. The client must return all elements of the work already provided by Maxime MASSON and agrees not to keep any copies.
The deposit already paid will remain with the Graphic Designer, constituting compensation for the work undertaken and not completed.
10 - Workplace and travel
The Designer reserves the right to carry out their mission outside the premises of the client company and to choose the location where they will do so, unless otherwise agreed in writing between the Designer and the Client. The client company agrees not to impose a physical presence or travel on the Designer, regardless of the phase or progress of the mission. In case of work in management or collaboration with other employees of the company, whether temporary or not, the client company agrees to provide all materials, infrastructure, and supplies to the Designer if the execution of the mission so requires.
11 - Disability to work
In case of work inability due to illness or accident, the Designer reserves the right to modify the current schedule without the Client being able to demand compensation. In return, and out of fairness towards the Client, the Designer must inform them by the first business day of their incapacity.
12 - Case of force majeure
In case of force majeure, the parties cannot be held responsible or deemed to have failed in their contractual obligations. The contract between the two parties is suspended until the causes that led to the force majeure are extinguished.
Force majeure takes into account facts or circumstances external to the parties, unforeseeable and independent of their will. Instances such as the blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, and specifically all networks accessible via the Internet, or difficulties inherent to telecommunications networks external to the parties are also considered cases of force majeure.
The party affected by the force majeure will notify the other within five (5) working days of the date on which it became aware of it. The two parties will then agree on the conditions and timelines in which the execution of the contract will be continued.
13 - Disputes
The contract is governed by French law. Any dispute or claim regarding the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Nice.
14 - Ownership of completed work
All creations, production/design, and related rights that are the subject of the order remain the full and exclusive property of the Graphic Designer as long as the invoices issued are not paid in full by the Client.
Consequently, the Client will become the de facto owner of the production and the rights transferred as of the final payment, settling all invoices issued by the Graphic Designer in connection with the order.
Unless otherwise specified in the quote, the production files and sources remain the property of the Graphic Designer. Only the finished product will be sent to the Client. The author is not obliged to provide the Client with the source files but only the result of their work in a form usable by professionals in the relevant field.
In the absence of such a mention and if the Client wishes to obtain the source documents, an amendment to AQUILA COM's general terms and conditions of sale must be requested. The work carried out by the Graphic Designer, particularly preliminary studies, remains confidential and may not be transmitted by the Client to any third party without prior agreement.
15 - Assignment Principle
In accordance with the Intellectual Property Code (Articles L. 121-1 to L. 121-9), it is reminded that the moral rights of a creation (which include among others the right to respect for the work and the right to respect for the name) remain attached to its author in a perpetual and inalienable manner. As a result, only the property rights explicitly stated in this order will be transferred to the client company, excluding all others, and this within any limits also stated (limits of medium, territory, or duration). Any total or partial representation or reproduction made without the consent of the author or their rights holders is unlawful and punishable under the laws relating to the crime of counterfeiting. The same applies to translation, adaptation, or transformation, arrangement, or reproduction by any art or process (Article L. 122-4 of the CPI).
16 - Right of reproduction and distribution of the work
The rights of reproduction and dissemination are calculated based on the dissemination of the creation. They can be transferred for a flat fee or partially. Each different adaptation of the original work is subject to a new transfer of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and could not exceed this limit.
To allow the client to freely exploit the service provided in the context of their activity, all proprietary rights related to the creation of the Graphic Designer, under the project will be fully and exclusively transferred to the client, and this for dissemination on the media specifically addressed during the order, upon the effective payment of all fees due.
17 - Commercial mention and copyright
The Designer reserves the right to include in the execution a commercial mention clearly indicating their contribution, unless explicitly stated otherwise by the Client. This could be the phrase “Design by AQUILA COM” or “Design by Maxime MASSON” accompanied, when the medium allows, by a hyperlink pointing to their business website (https://aquilacom.framer.website/). The client company agrees not to oppose this and to never remove this information.
18 - Right of publicity
The Graphic Designer reserves the right to publicly mention the work done for the Client and to present the project as a reference in the context of their commercial prospecting, external communication, and advertising efforts. The client company agrees to never oppose this.