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General terms of services for Bayard Art Consulting
Updated: August 22, 2021
Validity start: August 22, 2021
Forced validity start: August 22, 2021
Terms of services for web & graphic design services with Steve Bayard
The following general conditions govern the legal relations between the designer, Steve Bayard, Tabbertstrasse 6b, 12459 Berlin - hereinafter referred to as "Steve Bayard" - and his clients / clients as a whole and exclusively. By accepting an offer from Steve Bayard, the client / client expressly accepts these conditions as the basis of the contract.
2. conclusion of the contract
The contract is concluded when the two contracting parties agree to the production by message or e-mail.
3. Obligations of Steve Bayard
Steve Bayard undertakes to create the website in accordance with contractual requirements. In particular, Steve Bayard will ensure compliance with the schedule, overruns of up to 10 working days being considered tolerable on both sides. Steve Bayard will advise the client as fully as possible on the design, technical and functional options. Steve Bayard is forced to set up the client's working website for intermediate and final acceptance in an online test environment. Correction and change projects can be coordinated anywhere.
4. Obligations of customers
Company-specific images and texts are available in digital form as processable files. The customer undertakes to comply with all the deadlines agreed for the creation of the website in terms of delivery and acceptance of data. Here too, a period of 10 working days is considered tolerable. A responsible employee on behalf of the client is designated for intermediate and final acceptance.
Both contracting parties may propose changes at any time in writing. If the proposed changes have a significant impact on the project, the price or the schedule, Steve Bayard will inform the client and, if necessary, request a written adjustment to the contract. Until this written adjustment has been made, the project will continue to operate without change.
6. Guarantee and liability
Steve Bayard will always provide a uniform visual representation of the website in all common browsers. Minor deviations may be unavoidable and must be accepted by the client. Steve Bayard has the opportunity to correct any error that could be avoided. In addition, Steve Bayard is responsible for defects on the website in accordance with legal provisions. Steve Bayard is not responsible for any content provided by the client:
• If third parties make use of Steve Bayard due to possible legal violations resulting from the content of the website, the customer undertakes to release Steve Bayard from all liability and to reimburse Steve Bayard for costs incurred due to a possible violation of the law.
• A warranty period of one year applies to the warranty.
• In the event that the client himself, or a third party authorized by him, intervenes at the administration level on the source text of the website, any warranty or liability claim against Steve Bayard expires.
Note: this does not refer to usual editorial work with CMS systems.
For breakdowns on the Internet, e.g. B. Server failures that prevent access to the web pages hosted by Steve Bayard, Steve Bayard is only liable in the event of gross negligence. Page entries for search engines are independently developed and published by Steve Bayard based on his knowledge of the website. If the client wishes to participate in this process, Steve Bayard will provide the appropriate information material. However, no guarantee or guarantee can be given for a desired entry into the research services and no responsibility on the part of Steve Bayard ensues.
The client will proceed, within reasonable limits, to a rapid and meticulous examination of the results of the work presented for intermediate and final acceptance. The customer will immediately report complaints and requests for modifications. If the client refuses to participate in an acceptance for reasons for which Steve Bayard is not fully or partially responsible, Steve Bayard may set a grace period of 14 days within which the acceptance must take place. If the customer does not comply with this request, the document to be accepted is deemed to have been accepted without it being necessary to accept it in writing.
The contract can only be terminated for an important reason. The termination must be in writing. In the event of termination, the services already provided by Steve Bayard are remunerated.
9. Terms of payment
The payment terms are included in the contract as part of it. All prices displayed on the website are net, excluding VAT. VAT of 7% is calculated for the selling of artworks and VAT of 19% for all other services. Invoices are issued by Bayard Art Consulting (Steve Bayard) at the agreed times. After receipt of the invoice by the customer, the amount is due for payment without deductions within seven (7) working days. In the event of late payment, Steve Bayard is entitled, subject to the assertion of additional damages, to charge interest on late payment at a rate of 5% higher than the respective base rate of the European Central Bank and to block all previously published customer web pages, content, and project that were created or initiated by Steve Bayard. If after the recall, the customer has not made any payment, the company Bayard Art Consulting represented by Steve Bayard is entitled to charge a processing fee of 25.00 EUR for each reminder. A processing fee of EUR 25.00 will be charged for direct debits.
In short our payment terms are:
• Payment within 7 days of receipt of the invoice.
• If you have not paid within 7 days of the due date and receipt of this invoice, you will automatically be in default.
Please note: a separate reminder is not necessary to initiate legal recovery proceedings.
10. Rights of use
Steve Bayard grants the client the exclusive right, unlimited in terms of space and time, to use the contractual websites (in case of web design services), or graphic designs (in case of graphic design services). The granting of rights of use only becomes effective when the customer has paid the full contractually agreed remuneration to Steve Bayard. All rights of use remain with the creator Steve Bayard until payment of the contractually agreed remuneration. In the website imprint of the buyer, a reference to Steve Bayard's creation is included if the creation/artwork is displayed. The customer is not authorized to delete this information without the consent of Steve Bayard. The right of use granted in accordance with Article 10 (1) of this contract may not, in part, be transferred to third parties for commercial purposes. The buyer is not allowed to make use of the work publicly without the prios consent of the artist when Bayard Art Consulting proceed for a selling of artworks and an additional contract regulating the terms of the selling of arts is made individually with the buyer for any amount over 1'000€ of value.
11. Confidentiality, information obligation
The two contracting parties, as well as their employees and assistants, mutually undertake to maintain confidentiality. This obligation remains as long as there is a legitimate interest, even after the end of the contractual relationship. The two contractual partners are required to clarify all the circumstances that could influence the outcome of the work.
12. Deposit / Customer credit check / KYC / LOI
We ask a deposit of 200 € to all our customers before starting to work on their project. The deposit is payable from the first minute of the 2nd hour of consulting started. The first hour of consulting is offered free of charge to our customers to assess the amount of time to devote to their project. This deposit is not returned but will be deducted from the costs of the final invoice for the customer in the event of acceptance of the final invoice. The € 200 is mainly used to cover the costs of opening a client account and setting up their cloud on our secure servers. For all order over 10'000€ of value, a higher deposit of 50% of the price and a Letter Of Interest as well as a "Know Your Customer" check can be requested by Bayard Art Consulting.
13. Final provisions
The exclusive place of jurisdiction for all disputes between Steve Bayard and the client is Berlin. The legal relationship of contractual partners is subject exclusively to the law of the Federal Republic of Germany, even if the customer is based abroad. If one of the above provisions is or becomes ineffective, the effectiveness of the other provisions remains unchanged. The parties already undertake to agree on an effective clause which replaces the ineffective clause, which comes as close as possible to the economic purpose and the intention of the invalid provision. The same applies if the provisions are incomplete.
Made in Berlin and valid from May 2020