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The present Terms and Conditions (hereinafter referred to as "TC") apply, without restriction or reservation, to any purchase of the following services:
offered by Mazer Consulting to professional customers on the website www.mazerconsulting.com.
Any purchase of services marketed by Mazer Consulting implies full and unconditional acceptance of the general conditions of sale. No particular condition can, except formal written acceptance of our part, prevail against our general conditions of sales. Any contrary condition set by the customer will therefore be unenforceable in the absence of express written acceptance by us. The fact that we do not avail ourselves, at any time whatsoever, of any of these general conditions of sale may not be interpreted as a waiver of the right to avail ourselves of any of the said conditions at a later date.
These T&Cs are available at any time on the website www.mazerconsulting.com and will prevail over any other document.
The Client declares that he has read and accepted these Terms and Conditions by signing a quote issued by Mazer Consulting and by placing an order for a set of professional services through this act.
Except contrary proof, the data recorded in the computer system of the company Mazer Consulting constitute the proof of the whole of the transactions concluded with the Customer.
The contact details for Mazer Consulting are as follows:
MAZER Consulting , SAS
Registered 949 324 289 at the RCS Nanterre
6, Rue des Bateliers, 92110 Clichy
mail : contact@mazerconsult.com
2. Purpose of the mission
Several types of missions can be entrusted to Mazer Consulting: training, design and/or production work, as well as consulting.
Depending on the mission, Mazer Consulting can act as an agent for the client in the purchase of advertising space or for the realization of services aimed at publishing printed communication materials, reserving domain names...
In execution of the mission entrusted to it, Mazer Consulting produces advertising creations and can call upon third parties for the punctual realization of particular contributions such as photography, illustration, film... and will proceed to the acquisition of intellectual property rights such as copyright, image rights, etc... specifically attached to these contributions, from each of the interested parties.
In return for its mission, Mazer Consulting receives a remuneration that depends on the budget entrusted to it, and/or defined as a lump sum.
3. Awards
Orders for services are subject to a previously accepted estimate.
Prices and deadlines are valid for a period of 30 days from the date of issue of the quote. They are firm and non-revisable at the time of acceptance by the customer if this one intervenes in the course of the month. The acceptance of the customer is materialized by the signature of the estimate. From the moment the client validates his order by signing the quote, he is considered to have accepted the mission entrusted to Mazer Consulting with full knowledge of the facts and without reservation of price.
The service to be performed includes everything explicitly listed on the estimate. The estimate is established from the elements and information provided by the customer. The work and technical expenses are evaluated according to the mission to be carried out and the constraints which are related to it (photographs, technical execution, film?). The acquisition of these rights is then directly negotiated by Mazer Consulting at the client's expense according to the needs of the communication that is the object of the mission. The prices mentioned on the estimate are in euros and without tax.
Not included in the price as fixed in the estimate are all the extraordinary expenses incurred by Mazer Consulting during the mission not initially foreseen and necessary for the successful completion of the project (travel within a radius exceeding 15 km from Nice - 06000, purchase of specific software ...) as well as the cost of any additional and / or unforeseen service requested by the client during the mission These costs will be charged to the customer, in addition.
Any change during the execution of the mission may result in a price increase. Any service not included in the initial estimate will be subject to a free additional estimate.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by Mazer Consulting and given to the Client when the ordered Services are provided.
4. Commands
The placing of an order with Mazer Consulting is done according to the following modalities:
If the offer is for training or consulting, the service will start according to the details of the training estimate. which then acts as a purchase order.
For any service other than training, a payment of an administrative fee, payable by bank transfer or check, is required before the service can begin.
The invoice is issued on the delivery date specified in the estimate, and the customer pays the balance.
5. Carrying out the mission
Mazer Consulting, depending on its local agencies (near its customers), will carry out its mission in strict compliance with the estimate accepted by the customer, the rules of the art with all the competence and professionalism required in its sector of activity. It will implement the necessary and adequate human and technical means, will formulate all remarks, comments and/or suggestions allowing to improve the effectiveness of its mission.
Mazer Consulting remains the sole judge of the different means it will use to achieve its mission. The client agrees to provide Mazer Consulting with all documents and information necessary for the accomplishment of the mission. Any text provided by the client must be proofread and corrected by the client, no modification or error of any kind will be corrected by Mazer Consulting (except for explicitly planned services).
Mazer Consulting will only begin its mission once the following conditions have been met:
Mazer Consulting reserves the right to work with independent service providers and subcontractors that it deems appropriate and more generally to associate any third party to carry out its mission while retaining the direction and responsibility of its execution.
If the client wishes to entrust the printing and/or editing to a third party service provider of his choice, Mazer Consulting declines all responsibility resulting from the choice of service providers that are foreign to him, the client being solely responsible for his choice of service providers.
Depending on the type of mission, a final model of the project edited by Mazer Consulting can be presented to the client, before its production, printing or distribution. It must be validated by the customer by any written means (letter, fax, e-mail...), more commonly called "good to print".
In the event that the client refuses to approve the model or the project presented, Mazer Consulting can accept the client's request or formulate a new proposal with a deadline and a price. If no agreement is reached, the parties will have to decide whether or not to continue their collaboration and how Mazer Consulting will be paid for the work performed.
Any request for an author's correction made to Mazer Consulting by the client is the client's sole responsibility. If during the course of the mission, corrections desired by the client should lead to significant changes and thus result in a profound reworking of the initial project validated by the client, Mazer Consulting reserves the right to invoice any service engaged at this stage and to revise the estimate initially accepted by the client. In the same way, in the event that the client decides to modify, reject, cancel or interrupt a work in progress, the remuneration initially agreed upon in the quote accepted by the client will remain due in full to Mazer Consulting.
6. Provision of services
The Services ordered by the Customer are delivered as follows:
The said Services will be provided within the period indicated (in working days or weeks) in the quotation as from the final validation of the Customer's order, under the conditions provided for in the present GTC at the address indicated by the Customer at the time of his order on the site www.mazerconsulting.com .
Mazer Consulting undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the time limits specified above. However, these deadlines are given as an indication.
If the ordered Services were not supplied within 60 days after the indicative date of supply, for any other cause than the force majeure or the fact of the Customer, the sale of the Services could be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption The sums paid by the Customer will then be returned to him at the latest in the fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.
In the event of a particular request from the Client concerning the conditions of supply of the Services, duly accepted in writing by Mazer Consulting, the costs related to this will be the subject of a specific additional invoice.
In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in quantity and quality.
The Client will have a period of 5 days from the provision of the Services to make complaints by e-mail, with all the relevant supporting documents, to the Mazer Consulting agency in charge.
No claim can be validly accepted in case of non-compliance with these formalities and deadlines by the Customer.
Mazer Consulting will reimburse or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Client.
7. Late payment
If the Customer does not respect the 30 days payment terms, penalties may be applied according to the law (Art L 441-6 of the French Commercial Code), in an amount equivalent to that resulting from the application of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
A fixed compensation of 40 € is due for collection costs in case of late payment in salestransactions. This one is introduced by application of the law of March 22, 2012 relating to the simplification of the law (article L 441-3 of the Commercial and Sales Code).
8. Terms of payment
The price is paid by secure payment, according to the following methods:
The price is payable in cash, in full, on the day of the provision of the Services, in accordance with the conditions defined in the article "Provision of Services" and as indicated on the invoice given to the Customer.
The balance of the price is payable upon provision of the Services, in accordance with the conditions indicated on the invoice given to the Customer.
The payments made by the Client will only be considered as final after the effective collection of the sums due by Mazer Consulting.
Mazer Consulting will not be held to proceed to the supply of the Services ordered by the Customer if this one does not pay him the price in totality in the conditions indicated above.
9. Intellectual Property
Mazer Consulting remains the sole owner of its copyrights resulting from its services. The exploitation of its creations and services is carried out in accordance with the provisions of the mission carried out and the legal and regulatory provisions in force at the time of the acceptance of the estimate.
Mazer Consulting holds all the economic and moral rights of an author on the work that makes up the mission and only transfers to the client, unless otherwise specified, the right to use the material supports on which the said work appears. The client only has the right to exploit the creation and cannot, as such, communicate to a third party, even free of charge, outside the scope of the mission entrusted to Mazer Consulting, all or part of the work carried out, nor publish or reproduce it without the prior written consent of Mazer Consulting.
Any use of the creation by the client, not initially planned, must be the subject of an express prior authorization of Mazer Consulting and a remuneration to be agreed.
Mazer Consulting will ensure that the execution of its mission does not infringe any copyright, trademark or other intellectual property right, title or interest belonging to any third party, natural or legal.
Mazer Consulting is personally responsible for obtaining the rights to use all intellectual property rights necessary for the execution of the services ordered by the client and will, if necessary, regularize the transfer of rights imposed by the code of intellectual property and various necessary authorizations. Mazer Consulting then indicates to the client the limits of use of any third party rights on the creations retained.
In the event of legal proceedings or claims by a third party, the client undertakes to make the necessary changes to remove the disputed elements and replace them with entirely original elements or those for which Mazer Consulting holds the rights.
For its part, the client must own all the exploitation rights of the works or intellectual property rights brought to Mazer Consulting for reproduction. The same applies to all the distinctive signs and graphic charter (drawings, brands, photographs, etc.) that could be affixed to any communication medium (posters, T-shirts, flyers, etc.) whose manufacture would be entrusted to Mazer Consulting.
10. Conservation of the database and sources - Promotion of creations
Mazer Consulting will keep the database and sources of all work and achievements made on behalf of the client without limitation.
Mazer Consulting may mention the client's name in its commercial references and affix its signature to the said work unless the client notifies it otherwise in writing by registered letter.
Unless otherwise agreed in writing, Mazer Consulting, through its legal and commercial representatives, will be able to distribute its creations made on behalf of the client for promotional purposes of "presentation of creations" on all types of media without any time limit within the framework of its commercial prospecting, external communication and advertising activities.
11. Privacy
Mazer Consulting and the client agree to keep confidential all information and documents concerning the other party of any nature whatsoever (economic, technical...) to which they may have had access within the framework of their contractual relations.
Mazer Consulting will not make any personal use of the basic data, files and processing results without the express permission of the client.
12. Responsibility of Mazer Consulting - Guarantees
Given the nature of the services entrusted to it, Mazer Consulting is only bound by an obligation of means.
Mazer Consulting shall not be liable for any damages of any kind suffered by the client, including loss or corruption of data.
Under no circumstances can Mazer Consulting be held responsible for any modifications and/or corrections made by the client or any third party designated by the client to the project initially proposed by Mazer Consulting.
The delivery times indicated in the quotations are only given as an indication and, in no case, a reasonable delay in delivery can lead to a cancellation of the service entrusted to Mazer Consulting or to damages.
The logos, brochures, communication campaigns, websites... delivered by Mazer Consulting are original creations. Mazer Consulting makes sure that they are. However, given the multitude of existing brands and the recurrence of certain themes or symbolism, it is possible that sometimes a logo has certain similarities with another logo. This could only be a coincidence and Mazer Consulting declines any responsibility on this point.
The client acknowledges and assumes full responsibility for the choices made in terms of textual and iconographic content in the work delivered by Mazer Consulting.
All images used before, during and after the creations are under the complete responsibility of the client and do not engage Mazer Consulting. The client will make sure that the use of the images that he will provide to Mazer Consulting as well as the images used by Mazer Consulting respect the right to image, good morals as well as the rights holders of the said images.
The customer is fully aware that some images can only be used in a limited time and print run and only for certain uses. The client also acknowledges having read the warnings issued by Mazer Consulting regarding copyright and intellectual property laws, the terms of use of the images and the penalties that may be incurred for their violation.
The client guarantees Mazer Consulting against all the consequences of an action which would find its source in the inaccuracy of the information on its products or services resulting from a misleading publicity or of a nature to mislead or from unfair competition.
The client also guarantees Mazer Consulting against the consequences of using the creations beyond the limits of the mission.
The customer is also responsible for the respect of the specific regulations of his activity, in particular the obligatory mentions which it is advisable to make appear on the ordered support, taking into account the legislation and the regulation in force.
When Mazer Consulting acts only as a technical intermediary (with naming agencies for the reservation of domain names, in terms of reservation and broadcasting of advertising messages...), the general terms and conditions of sale of these agencies must be taken into account. The customer remains solely liable to the organizations and acknowledges that he/she is acting in accordance with the legislation in force and the rights of third parties.
Customized technical sales training
Prior to any administrative process between the two entities, a training qualification is required. The purpose of this qualification is to discuss the possible needs and to guide our trainers on the feasibility of the training and the time needed to carry it out.
Mazer Consulting reserves the right to offer customized training to companies and professionals after this qualification phase, either at the customer's site, at MAZER Consulting's headquarters or online.
A commercial proposal is sent to customers and companies after the qualification phase, detailing the key points to be covered during the training, the location, the schedule, the prerequisites, as well as the number of days to complete the training.
Once the proposal is accepted, the client must send us an order in response to the quote or commercial proposal issued and the desired dates.
Find the rest of the procedures that apply, above in the section: 4. Commands
Content development and creation
1. Process of realization
Within the framework of the realization of a website or a marketing campaign, two options can be proposed by Mazer Consulting to the Client, depending on the need for personalization and the available budget.
1.1. Custom development
The complete process of design and development followed by Mazer Consulting for the realization of a custom website or marketing content follows the following steps:
This process ensures that the website developed meets the expectations of the Client's marketing target. Depending on the case, some steps in this process may be skipped.
The Client may be involved in the project at several points in the content creation process.
1.2. Development from a pre-existing model
This approach reduces development costs by using a pre-existing site template (or theme) and thus reduces the workload of the design phase. It allows for less graphic and functional customization compared to the "custom" approach.
Instead of creating a custom graphic model of the website, Mazer Consulting recommends to the Client a pre-selection of 1 to 3 website models. The Customer chooses the model that best meets his expectations and objectives from this pre-selection.
The Customer also has the possibility of proposing a model of site which it will have chosen beforehand. Mazer Consulting reserves the right to refuse to work from the model proposed by the Client if it deviates from the quality requirements of the agency. If the model is not included in the Mazer Consulting catalog, an additional fee may be charged for the purchase of the proposed model.
Mazer Consulting then installs the selected model and customizes it to match the client's visual identity. The following items can be customized:
The following items cannot be customized:
2. Validations
Each step in the process of designing and creating content (website, videos, articles, copy, copywriting and graphic elements) has important implications on the following steps and is therefore subject to an acceptance certificate signed by the Client. The Client thus undertakes not to reverse his decisions.
Whenever the Client is asked to validate a step, Mazer Consulting will explain in the clearest and most detailed manner the implications of the step to be validated on subsequent steps.
3. Revisions
The successive stages of the creative process are precisely designed to allow Mazer Consulting and the Client to progress through the project with the utmost consensus, so the number of revisions allowed is kept to a minimum. The maximum number of revisions allowed per step is given as follows:
In the event of a lack of conformity noted by the Client, developments with respect to the models, Mazer Consulting undertakes to make all necessary corrections to bring the site or content into conformity with the model.
4. Requests for changes
Any request for modification or addition of functionalities not initially foreseen is subject to a free complementary estimate.
Mazer Consulting reserves the right to refuse any request for modification that is not in line with its ethical principles.
5. Liability for the service
Mazer Consulting's responsibility is limited to the website and its content, which it has direct control over.
Mazer Consulting cannot be held responsible for connections of any kind, provided by other providers.
Mazer Consulting cannot be held responsible for accidental or voluntary damage caused by third parties to the client as a result of his connection to the Internet.
Mazer Consulting will not be responsible, in the context of a site managed by the client or Mazer Consulting, for the loss, theft or distribution of client access codes.
For any order of creation and hosting, Mazer Consulting reserves the right to refuse text, illustration and in general all contents which are contrary to the good morals, or in violation with the legislation.
6. Customer obligations
In the case where the customer provides to Mazer Consulting the necessary information to the execution of the order, this information will have to be transmitted according to the specifications of Mazer Consulting. The realization of the website and/or the associated services ordered will be carried out within a time limit fixed at the time of the order only as from the moment of the reception of all the information necessary for this realization.
In the case where Mazer Consulting provides editorial content such as text, photos and video in addition to the information provided by the client, the following article also applies.
All information having been selected by the client prior to its distribution, Mazer Consulting cannot be held responsible for its content. Upon acceptance of the order, we assume that the customer is in possession of the copyright or copyrights, and assumes all liability for damages resulting from an infringement of the copyright or copyrights of a third party.
Mazer Consulting could not be held responsible for the non functioning of all or part of the website in the case of a hosting not ensured by its care.
The client knows that Mazer Consulting remains the sole owner of the reproduction rights of its Internet creations, resulting in particular from the literary and artistic property.
Any representation or reproduction, even partial, made without authorization is illicit.
7. site hosting and management
The hosting services offered are provided by a third party partner provider. The offer of accommodation is necessarily linked to one or more services provided by us. The transfer of DNS to our partner's server is possible if one or more of our services are linked to it. In any case, the customer will be able to take note of the administrative and technical information necessary to access his accommodation(s).
In the case of the failure of this partner, our company commits itself to find and propose you all the possible solutions to remedy it, but Mazer Consulting is released from any responsibility as for the consequences of this failure whose causes could not be directly attributable to our company.
In no case, Mazer Consulting could not see its responsibility engaged following any action or recourse of thirds, in particular because : information, images, sounds, texts, videos contrary to the legislations and regulations in force, contained and/or diffused on the client's site(s); defective products that the client has sold through its site(s); violation of intellectual property rights relating to the works diffused, in full or in part, on the client's site(s); suspension and/or termination of accounts, in particular following non-payment of sums due to the conservation of domain names.
Mazer Consulting is not liable for any taxes or other charges in connection with purchases made from the client site. The customer agrees to take full responsibility for all taxes and charges of any kind associated with the products sold.
Because of the characteristics and limits of the Internet, Mazer Consulting could not see its responsibility committed for, notably the difficulties of access to the hosted site because of the saturation of networks at certain periods; the contamination by virus of the data and/or software of the customer; the malicious intrusions of thirds on the site of the customer; the bad functioning of the equipments or the non know-how of the customer, problems bound to the telephone network or to Internet and/or in case of absolute necessity; the possible misappropriations of the passwords, the confidential codes, and more generally of any information in sensitive character for the customer.
The customer account is strictly personal, it is accessible by a login and a confidential password. The customer is responsible for the use of his login and password, any connection made using these login and password will be deemed to have been made by the customer. Mazer Consulting will not be responsible for the loss, theft or diffusion of the login and password.
8. Domain name
Mazer Consulting offers to proceed with the registration of domain names with the extensions .com, .net and .org, as well as .fr and other extensions available in France in order to allow all individuals or legal entities to ensure the ownership of the name or names of their choice.
Mazer Consulting undertakes to do everything possible with the competent organizations to proceed with the registration of the chosen domain name but does not subscribe to any obligation of result.
Mazer Consulting will put on line under this domain name a standard page, not susceptible of personalization, making appear a mention including the domain name.
Because of the time that may elapse between the search and the registration of the intended domain name, the indication of the availability of this name does not constitute a guarantee that it will actually be registered. The availability of a domain name and its registration shall not constitute a guarantee against any claim by a third party on all or part of this name.
Each registration request implies the prior and unreserved acceptance of the administrative and technical rules of naming as well as the rules for resolving conflicts that may arise between the owner of the domain name and any third party claiming rights to all or part of this name.
It is up to the customer to provide to Mazer Consulting the justifications possibly required for the considered registration, such a Kbis or the identifier in the INSEE directory for a name of the level .fr or others.
The prices in force are those mentioned on the order form signed and returned by the customer. Prices are exclusive of tax and are payable in Euros upon receipt of the invoice.
The registration of the client's domain name will only be taken into consideration upon receipt by Mazer Consulting of the order form duly filled out and signed by the client, accompanied by the payment and the necessary supporting documents.
The registration of the domain name is effective only after the update of the databases of the concerned organizations (Afnic, Internic) and the time of propagation of the DNS.
The customer is solely responsible for the choice of the domain name for which he/she has applied for and obtained registration. In no case, Mazer Consulting will not be held responsible in any way for any recourse, amicable or contentious, which the client could be the object following the registration of one or more domain names.
The customer commits himself guaranteeing Mazer Consulting of all condemnations which could be pronounced against him because of the registration of one or several domain name.
9. Information Technology and Freedom
The client may exercise his or her individual right of access and rectification with Mazer Consulting, in accordance with the provisions of Law No. 78-17 of January 6, 1978, for all information communicated in the framework of the order form or the training agreement.
The customer remains responsible for any declaration to the Commission Nationale Informatique et Liberté (CNIL) relating to the use of its website, except for any service offered within this framework.
10. Delivery
10.1. Provisional delivery
As and when the Developments are made available, the Customer shall have a period of 5 working days from the date on which the Developments concerned are made available to assess the compliance of said Developments with the Specifications.
If the Client wishes to express reservations about the developments concerned, they must be sent in writing to Mazer Consulting before the expiry of the aforementioned period.
In the absence of reservations under the conditions described above, the developments concerned will be deemed accepted by the Customer.
If the Customer's reservations correspond to a lack of conformity of the developments in relation to the Specifications, Mazer Consulting will proceed with the corrections of the developments concerned.
If the Customer's reservations correspond to needs not described in the specifications, the parties may agree, by signing a supplementary estimate, to carry out additional developments corresponding to the said needs.
The corrected developments and/or additional developments will be made available to the Client by Mazer Consulting under the conditions described in this article.
10.2. Overall and final delivery
When all developments agreed upon between the parties under this contract have been provisionally shared, Mazer Consulting will install them on the Client's server. This installation will be formalized by the signing of an installation report.
The Customer shall have a period of 5 working days from the signing of the installation report to assess the proper functioning on the Customer's server of the developments in compliance with the specifications.
If the Client wishes to express reservations about the developments, they must be sent in writing to Mazer Consulting before the expiry of the above-mentioned period.
In the absence of reservations under the conditions described above, the acceptance of all developments will be deemed to be acquired.
In the event of reservations on the part of the Customer, such reservations shall be dealt with in accordance with the conditions described under the heading Provisional Receipt.
The company thanks you for your trust and guarantees you an adequate quality of service and an appropriate customer service.
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*These terms and conditions are verified by lawyers and experts.