TERMS OF SERVICE
1) Parties of the contract
The term "Oxann Arts" refers (as alias) to the service provider, Laura BACHER, Independent
Illustrator and Graphic Designer, whose Headquarters are in Aix-en-Provence (13090)
registered with URSSAF under the
SIRET id 882 673 965 000 19.
The term "Client" refers to any legal or natural person, having required the skills of Oxann
Arts for any creation within the scope of the skills of illustration and graphic design.
2) Acceptance of the quote by the customer
The quote provided to the customer is created on the basis of an estimate of working time
and
the complexity of the work requested. Once the quote is validated, the customer is no longer
able to request a price change. Any change in the quantities or types of work occurring at
the
customer's request after signing the quote must be subject to the completion and signing of
a new quote by both parties.
Any service performed between the signing of the quote and a change requested by the customer will be invoiced. The same applies if the customer wishes to cancel his order: any product already produced will be invoiced.
The estimate defines the price of the service and once signed it commits the two parties to a contractual relationship. This means that in the event of default by one of the two parties, the other can put it in default and, without satisfactory response from the other party, appeal to justice.
Any service performed between the signing of the quote and a change requested by the customer will be invoiced. The same applies if the customer wishes to cancel his order: any product already produced will be invoiced.
The estimate defines the price of the service and once signed it commits the two parties to a contractual relationship. This means that in the event of default by one of the two parties, the other can put it in default and, without satisfactory response from the other party, appeal to justice.
3) Billing and payment
Once the estimate is signed and except for modifications, the service starts. Oxann Arts, in
accordance with its values, undertakes to provide sketches / drafts of the works according
to
the staggering choice made by the client before claiming payment. The customer is free to
pay
before receipt of the drafts but cannot claim a refund if they ultimately do not suit him.
In the case of payment by instalments, the sending of drafts is based on the payment instalments agreed with the customer. The client cannot claim all of the drafts until he has paid the necessary steps for the progress of the project.
Oxann Arts provides several payment instalments proposals depending on the nature and the workload generated by the project. The client must agree to one of the instalments proposals.
After each draft (or batch of drafts, if there is a payment by instalments), Oxann Arts sends the invoice to the client by paperless or post.
Oxann Arts may reserve the right not to start the clean work until payment has been received.
In all cases, once the draft has been validated by the customer, payment must be made no later than the thirtieth day following the date of receipt of the invoice (see: C. com. Art L. 441-6, al. 2 amended from the law of May 15, 2001). In the event of late payment, a penalty set at 15% of the total amount of the invoice, per month of delay started, payable without reminder the day following the payment deadline. Mandatory indication. Fight against late payments / Article 53 of the NRE Law.
Oxann Arts is, by its form (self-employed compagny), and its turnover, not subject to VAT (art. 293 B, CGI.).
In the case of payment by instalments, the sending of drafts is based on the payment instalments agreed with the customer. The client cannot claim all of the drafts until he has paid the necessary steps for the progress of the project.
Oxann Arts provides several payment instalments proposals depending on the nature and the workload generated by the project. The client must agree to one of the instalments proposals.
After each draft (or batch of drafts, if there is a payment by instalments), Oxann Arts sends the invoice to the client by paperless or post.
Oxann Arts may reserve the right not to start the clean work until payment has been received.
In all cases, once the draft has been validated by the customer, payment must be made no later than the thirtieth day following the date of receipt of the invoice (see: C. com. Art L. 441-6, al. 2 amended from the law of May 15, 2001). In the event of late payment, a penalty set at 15% of the total amount of the invoice, per month of delay started, payable without reminder the day following the payment deadline. Mandatory indication. Fight against late payments / Article 53 of the NRE Law.
Oxann Arts is, by its form (self-employed compagny), and its turnover, not subject to VAT (art. 293 B, CGI.).
4) Intellectual property
The client has the enjoyment of the work in the context of his personal use, as well as in
the
exercise of his profession if his activity is declared. He has the right to publish the work
online on various social networks, without necessarily having to mention the author's
name.
However, the client is prohibited from reselling, assigning, exchanging, modifying, retracing, or copying the work. The only use for profit permitted is the use of emotes or badges in connection with the purchase of Twitch subscriptions by the customer's followers. These cannot be sold directly to the viewer, but can be used as a reward for a subscription.
The client is prohibited from asking to another person to animate, copy or modify Oxann Arts artworks except in case of an explicit (i.e. written authorization from Oxann Arts).
However, the client is prohibited from reselling, assigning, exchanging, modifying, retracing, or copying the work. The only use for profit permitted is the use of emotes or badges in connection with the purchase of Twitch subscriptions by the customer's followers. These cannot be sold directly to the viewer, but can be used as a reward for a subscription.
The client is prohibited from asking to another person to animate, copy or modify Oxann Arts artworks except in case of an explicit (i.e. written authorization from Oxann Arts).
5) Source files
Oxann Arts may reserve the right to delete the commissions sources files after one year
without
modification.
6) Shop product opportunity
If the commissioned product represents a good opportunity to become a shop product, Oxann
Arts may ask the client to consent to allow them to sell it as a pay to use product in the
shop. The client is free to accept or refuse, should they choose accept, Oxann Arts will
apply a discount to the product, so that the commissioned work will cost no more then the
cost of similar shop product. This discount applies to all commissioned work, outside of
recolors of existing emotes.