Terms
The contract between ourselves the Company ‘SignForté’ and the Customer shall be governed by and construed in accordance with French Law.
Project Acceptance / Confirmation
At the time of estimation, Signforté will provide the customer with a written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions as set out below.
Acceptance of a quote/work to commence must be provided in writing with a statement similar to and individual to clients needs as – example - ‘I confirm the quote sent on (date) for ..... to commence and with this agree to SignForté’s terms and conditions as written here. Or by Purchase order or Letter of appointment signed by both parties. Once we receive this confirmation, the customer agrees for us to start the work as stated.
Estimates / Quotes
All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
If work is required to be started within a two week period not original discussed at time of quoting or confirmation, Signforté reserves the right to re-quote and/or apply further charges to the customer to meet this demand. This may apply due to increased delivery costs obtaining materials quickly to complete the work or increased travel costs incurred when purchasing within a two week period of acceptance.
The estimate we send you will be itemised, showing the cost of the design and research process, as well as the production itself. All estimates/prices are quoted without tax.
Deposits
A 50% deposit is required on any orders over €250.00 unless agreed otherwise, prior to the order being placed. Customers working and ordering on behalf of their clients.
In the case of clients acting on behalf of a third party. The contract will be between Signforté and the customer of whom the estimate, confirmation of work and invoice is to be addressed to. The payment terms will be as in the below section titled ‘Payment Terms’.
Artwork/Design
The first draft will be free of charge to the client. Any amendments to that draft may be subject to additional charges and will be quoted in detail beforehand if to be applied at the discretion of Signforté.
Lead times may be affected due to the following: Receipt of unsuitable artwork, delays in information and relevant files being received, delays in signing off final proofs, delays in receiving deposit payments, consistent changing of designs. Signforté therefore cannot be held liable for delays in production deadlines due to any of the above occurring.
Print Proof Agreement
If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement/confirming work to commence as stated above, you absolve Signforté of all liability for any errors, omissions or discrepancies which may be present on the proof and therefore, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.
Provision Of Materials
You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our hourly standard rate or 35,00 EURs.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Making Changes After Confirmation
If a change is requested, Signforté will make every effort reasonable to make the correction before the printing, manufacturing or work commences, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, or charges that have occurred in order to carry out the changes as request by the customer after Signforté has received confirmation. This confirmation absolves Signforté of all liability (see "Proof Agreement" above and ‘’ Jobs Put On Hold or Cancelled by the Client’’). Once a confirmation has been agreed, whether verbally or via email, LOA or PO, any charges/expenses involved making the requested changes will be invoiced and be subject to TVA to the customer/client.
Jobs Put On Hold Or Cancelled By The Client
After we have received a written confirmation of a job, a Purchase Order or Letter Of Appointment - Jobs put on hold or cancelled by the client will be invoiced at our full hourly rate of €35,00 per hour based on the number of hours already worked and in addition to any outlay on materials and/or other expenses relating to the job, already purchased. Signforté will make every effort to reduce these costs to the customer/client but any non-refundable items purchased by Signforté or time worked will be invoiced to the customer/client and TVA applied. Receipts for these items paid for and invoiced to the customer can be requested by writing to Signforté within a 5 day period. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion as per original agreement without changes made by the client.
Signforté reserves the right to cancel or amend a confirmation agreement where necessary. We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause. In such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you. For example – Late delivery of products needed to complete the work, cancelled or delayed travel arrangements. If this occurs at any time, Signforté will contact you the customer/client to discuss the problem that has amended the agreement and explain every effort that has been taken and will be made to complete the agreement where possible to the mutual satisfaction of both parties where possible.
Deliverys
Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
Special rush deliveries can usually be arranged but will usually be subject to additional charges (eg. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
Signforté accepts no responsibility for deliveries being missed due to non payment. It is the customers responsibility to ensure that full payment is made before delivery can take place.
Material (Print Only)
All materials produced and used by Signforté during the production process remain the property of the Signforté. Where these materials are provided by the client, they remain the property of the client. Signfortéreserves the right to dispose of supplied materials immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Warranty
The warranty on our products has a 1 year duration/guarantee. This may be reduced if the materials used but not are supplied by the client for use with Signforté’s materials. This year does not include any damage caused by a third party to a product by Signforté. Signforté will not be held responsible for wear and tear type damage that is in normal condition and expected with any product of its type. Nor, excessive/improper use or care once in possession by the client causing accelerated wear and tear damage.
We advise all our clients to treat their products with care, and clients should ask for advice on this if they need.
Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy made by Signforté, belong to the Signforté. Any of these designs can be purchased by the client to gain ownership, and therefore to be used at the customers discretion. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
Illegal Matter
The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
Payment Terms
Payment shall be received by Signforté in full 30 days from date of invoice, unless special settlement terms have been agreed by us in writing and signed by both parties. All materials/finished items remain the property of Signforté until paid for in full. Payment by cheque / Cash or Balance Transfer.
Payments by cheque should be received before the end 30 days payment date.
They should be made payable to Signforté and posted to :
Chalet Les Bruns
Les Rasses
74430 Le Biot
By Balance Transfer
These details are supplied at the base of the invoice and/or can be requeqted by writing at any time.
Any fees/charges by banks or similar charged to pay the invoice are the responsibility of the customer/client. The customer assumes all conversion charges and related charges to pay the invoice amount in full in the currency of EUROs
Overdue Invoices
No further goods will be delivered or further work undertaken with the same company where an invoice remains unpaid in full 30 days after the invoice date.
As set out in the Decree n. 2012-1115 of October 2 2012, setting the amount of €40,00 as a fixed charge (not applicable to TVA) to be added to any unpaid invoices exceeding 30 days (in the context of commercial transactions pursuant to Article L. 441-6) must be adhered to after January 1 2013.
- The fixed compensation of €40,00 is owed without further formality from the first day of ‘late’ payment.
- This charge is in addition to penalties for late payment and will not prevent Signforté asking the courts for additional compensation, having paid collection costs higher than this charge to reclaim unpaid debts using a collection agency.
- We reserve the right to charge interest on overdue accounts, the default interest rate is 8.50 % , corresponding to the rate of the Director European Central Bank (ECB) on top of the €40,00 mentioned above.
This interest will be calculated, but will not include the already charged €40,00:
Invoice amount x (number of days delay / 365) x rate 8.5%.
This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
Claims
Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery. All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
Claims in respect of non-delivery must be made in writing so as to reach us within 5 days from receipt of our invoice. Signfortérequires any materials to be returned in full before agreeing to repeat the order. If Signforté deem the work to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
Refunds
We reserve the right to rectify defective work by repeating and shall not be liable to refund.
If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so. If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us. Defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided. Refunds will take 3 to 4 working days to complete once Signfortéhas agreed to refund. This cannot be completed any faster.
Consequential Loss & Financial Loss
Signforté accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by Signfortéhowsoever caused. Signfortéaccepts no liability whatsoever for financial loss or loss of earnings arising from products or services provided by SignForté.
Data Protection
Signfortéagrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
Confidentiality
By accepting to work with Signforté, customers are polity requested to keep any knowledge of Signforté’s practices confidential. This prevents any customer from directly or indirectly selling, soliciting or engaging in selling to any other customer or company that Signfortémay have exposed the customer to without written agreement from Signforté.