When you use the services of Laura GIRAUD, also known as Jack Norisk, you accept the terms of service below. The applying law is the French law. Any dispute or litigation concerning these terms, in absence of an amicable agreement, will fall under the jurisdiction of the commercial court of Thionville. What is not explicitly authorized is prohibited
Referring to article L122-4 from CPI (French Intellectual Property Code)
“Toute représentation ou reproduction intégrale ou partielle faite sans le consentement de l'auteur ou de ses ayants droit ou ayants cause est illicite. Il en est de même pour la traduction, l'adaptation ou la transformation, l'arrangement ou la reproduction par un art ou un procédé quelconque.”
“Any complete or incomplete representation or reproduction done without the consent from the author or from the beneficial owners is illicit. The same applies for : translation, adaptation or transformation, agencement or reproduction by an art or any process.”
The quote is a contract between Laura GIRAUD on one hand and the customer or client company on the other hand.
The service includes everything that is explicitly listed in the “Type + Description” field of the quote. As corollary, it does not include what is not explicitly written in these same fields.
The customer assumes full and entire responsibility for the choices made in terms of textual and iconographic contents appearing in the realization delivered by Laura GIRAUD, as well as for the exploitation which will be made of it, and in particular the conformity of the latter with the current regulations. He also assures to be the owner of the rights necessary to the exploitation of all the creative textual and iconographic elements supplied by him to Laura GIRAUD within the framework of her mission, and guarantees Laura GIRAUD against any third party complaint relating to the violation of the rights of these elements.
Unless an additional payment period is agreed upon by both parties and is indicated on the invoice, payment shall be made no later than the 30th day following the invoice date (C. Com. art L. 441-6, al.2 modified by the law of May 15, 2001). Any delay in payment may give rise to late payment penalties payable without reminder, at the rate of 10% of the total invoice per month of delay (Fight against late payment / Article 53 of the NRE Law), as well as a fixed penalty of 40€ (C. Com. art. D441-5). Payments by bank transfer or by check to the order of Laura GIRAUD. No discount in case of advance payment.
Any additional work to the execution of the service, which is not explicitly written in the fields "Type + Description" of the quote, will require an additional quote or a rider.
In cases where the service is performed for several customers, the payment will have to be grouped in a single debtor, second party of this contract.The intellectual property fees will be adapted accordingly.
The whole process, from the payment from the customer to the delivery of the product from Laura GIRAUD, unless explicitly written in the quote, can be up to one month from the first down payment. Any delay in the validation of the various stages of the project by the customer can involve, at least, a delay of an equivalent duration to the delivery of the project. The artist cannot be held to the initial delivery date in this case.
The possible delivery of the sources or work files relating to the present service will be done only in case of necessity induced by the strict exploitation of the work envisaged in the conditions of the rights assignment or in a later amendment.
Both the client as Laura GIRAUD can break the contract as long as the service is not finished. The party requesting contract breach, will have to contact the second party by email with the subject "Cancellation of order" including the number of the service’s invoice.
In case of breach of contract, the customer commits to pay the amount corresponding to the percentage of the service performed, within a period up to 30 days from the confirmation of breach of contract. If the payment was entirely paid upstream, Laura GIRAUD is committed to refund the amount corresponding to the remaining percentage of the service. This refund will be made within a period up to 14 days from the confirmation of breach of contract.
Right & permissions
In accordance with the CPI (French Intellectual Property Coden) (article L.121-1 to L.121-9) will be transferred to the customer, for the work described, only the economic rights explicitly stated in the intellectual property fees, to the exclusion of any other, and this within the limits also appearing there. It is reminded that the moral rights of a creation (including the right to respect the work and the right to respect the name) remains attached to its author in a perpetual and imprescriptible way.
Any representation or reproduction in whole or in part made without the consent of the author or his successors in title is illegal and punishable under the laws relating to the crime of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by an art or an unspecified process (Art. L. 122-4 of the CPI)
The totality of the production and the rights relating to it, object of the present order, remains the whole and exclusive property of Laura GIRAUD as long as the invoices issued by Laura GIRAUD are not paid in totality by the customer, up to the total amount of the order and the possible amendments concluded during the service. As a corollary, the customer will become the owner of the rights transferred as the final and balancing payment of all the invoices issued by Laura GIRAUD as part of the order.
Laura GIRAUD reserves the right to mention her realization for the customer as reference and to quote textual or iconographic extracts of the concerned works within the strict part of her commercial prospection, external communication and publicity. Any reservation to the right of publicity of Laura GIRAUD will have to be notified and negotiated before the signature of the quote and mentioned on the invoice.