Terms

Terms and conditions of sale

The rules that frame our collaboration: quotes, payment, copyright, timelines and liability. They apply to every service, unless otherwise agreed in writing in the quote.

Courtesy translation. The French version is the only legally binding version and prevails in case of any discrepancy: French version.

1. Purpose and scope

These general terms and conditions of sale (conditions générales de vente, CGV, hereinafter the “Terms”) govern the graphic design, web design, art direction, social media content creation, print and packaging, and 3D modelling and rendering services (hereinafter the “Services”) provided by Sakura Baudouin, sole proprietor (entrepreneur individuel, EI) trading under the business name SB.agency, SIREN 131209983 (hereinafter the “Service Provider”), to its clients (hereinafter the “Client”).

The Services are intended for business clients (companies, associations, self-employed professionals) who declare that they are contracting for professional purposes. Any private individual wishing to order a Service must first contact the Service Provider: specific terms taking consumer law into account (in particular the right of withdrawal and consumer mediation) will then be provided before any order is placed.

Placing an order implies unreserved acceptance of these Terms, which prevail over any purchasing conditions of the Client, unless a written derogation is set out in the quote.

2. Quotes and orders

Each Service is subject to a written quote, free of charge and without obligation, specifying the nature of the work, the deliverables, the number of revision rounds, the timelines, the price and, where applicable, the scope of the assignment of rights. The quote is valid for 30 days from its date of issue and refers to these Terms, which are accepted by signing it. Any preliminary creative work requested before an order (design concepts, competitive pitches, tenders, presentations based on a detailed brief) is invoiced under a separate quote.

The order becomes firm when the Client returns the quote dated and signed with the words “Bon pour accord” (approved), or accepts it by explicit email, and the deposit has been paid. Any request beyond the scope of the quote is subject to an additional quote or an amendment.

3. Prices

Prices are stated in euros, excluding any additional costs (licences for third-party images, fonts or software, printing, hosting, domain names), which are invoiced separately with the Client’s agreement. VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts).

4. Invoicing and payment

  • A deposit of 40% of the quoted amount is due on ordering; the Service Provider begins work upon receipt of the deposit.
  • The balance is invoiced upon final approval of the deliverables and is payable within 15 days of the invoice date, by bank transfer unless otherwise agreed. Final files are only delivered once full payment has been received; until then, the Client receives presentation previews. For long or high-value projects, interim payments may be scheduled in the quote.
  • No discount is granted for early payment.
  • Any late payment automatically gives rise, from the day following the due date and without prior formal notice, to late payment penalties equal to three times the statutory interest rate in force on the due date, together with a fixed compensation of €40 for recovery costs (Articles L.441-10 and D.441-5 of the French Commercial Code, Code de commerce), without prejudice to additional compensation if the recovery costs actually incurred are higher.
  • In the event of non-payment, the Service Provider may suspend work and the delivery of files after a formal notice has remained without effect.

5. Timelines and collaboration

The timelines stated in the quote are estimates and assume that the Client provides the necessary content (texts, images, logos, access) and feedback on time. Any delay by the Client in providing these items or approving a stage postpones the schedule accordingly, and the Service Provider cannot be held liable for it. A late delivery may only give rise to penalties or cancellation if this has been expressly provided for in the quote.

6. Revisions and approval

Unless otherwise stated in the quote, three rounds of revisions are included per deliverable. Additional revisions, or revisions calling into question a stage already approved, are invoiced on the basis of an additional quote. If the Client gives no feedback within 7 days of a deliverable being presented, it is deemed accepted.

7. Delivery

Deliverables are sent digitally (download link or email) in the formats specified in the quote. Final files are delivered after full payment of the price (Article 4). Source files (editable working files) are only provided if the quote expressly provides for it.

8. Intellectual property

  • The Service Provider retains copyright in the works created. The Service Provider assigns to the Client, on a non-exclusive basis unless otherwise stated in the quote, the rights of reproduction and representation (and of adaptation where the quote so provides) required for the use specified in the quote (media, territory, duration) with effect from full payment of the price, the quoted price including the remuneration for this assignment. Where the quote does not specify otherwise: (a) for a visual identity or logo, the assignment is exclusive, worldwide, for all communication media relating to the Client’s business (print, web, social media, packaging, signage) and for the legal term of copyright protection; (b) for other works (posters, campaign visuals, social media content, 3D renders, mockups), the assignment covers professional use of the work for the Client’s business, on the communication media of that business, worldwide and for a period of 5 years, renewable by written agreement on the terms set in the quote.
  • Any use beyond the scope of the assignment (other media, adaptations, resale, assignment to a third party) requires the prior written consent of the Service Provider and may give rise to additional remuneration.
  • Rejected proposals, exploratory concepts and working files remain the property of the Service Provider and may not be used by the Client.
  • The Service Provider retains its moral rights (right to the integrity of the work and right of attribution).
  • Unless the Client objects in writing, the Service Provider may showcase the completed project in its portfolio, on its website and on its social media as a reference, excluding any confidential information. The Client may request its removal at any time.

9. Materials provided by the Client and third-party materials

The Client warrants that it holds all rights in the materials it provides (texts, logos, photographs, trademarks, fonts, data) and holds the Service Provider harmless against any third-party claim in this respect. Licensed images, fonts or resources purchased for the project are subject to their own licence, the terms of which are provided to the Client, who must comply with its limits.

Creating a name, logo or slogan does not constitute a guarantee of availability or a registration: it is the Client’s responsibility to check (for example with the INPI, the French National Institute of Industrial Property) that it can use and protect them. The Service Provider is not an industrial property attorney and does not carry out prior-art or clearance searches unless expressly engaged to do so.

10. Confidentiality

Each party undertakes to keep confidential any non-public information about the other party of which it becomes aware during the engagement.

11. Cancellation and termination

If the Client cancels or interrupts the project after work has started, the completed stages and time spent are invoiced in proportion to the progress made; the deposit paid is set off against the sums due and, if it exceeds the value of the work completed, the surplus is retained by the Service Provider as a fixed cancellation fee. Either party may terminate the contract in the event of a serious breach by the other party, after a formal notice has remained without effect for 15 days.

12. Liability

The Service Provider is bound by an obligation of means (best-efforts obligation). Its liability is limited to direct and foreseeable damage and, except in the case of gross negligence or wilful misconduct, capped at the amount excluding tax actually received for the Service concerned. It cannot be held liable for indirect damage (loss of revenue, reputation or customers), for the use the Client makes of the works, for content provided by the Client, or for third-party services (printers, hosts, platforms). The Client is responsible for proofreading and final approval of the content (spelling, legal notices, regulatory compliance of its materials) before any publication or printing.

13. Force majeure

Neither party is liable for a failure to perform due to force majeure within the meaning of Article 1218 of the French Civil Code (Code civil) (serious illness, prolonged network outage, disaster, etc.). If the impediment lasts more than 30 days, either party may terminate the Service in writing.

14. Personal data

The Client’s data is processed in accordance with the privacy policy. Where the Service leads the Service Provider to process personal data on the Client’s behalf (for example, managing social media accounts), the parties set out the terms of that processing in writing.

15. Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the parties will endeavour to reach an amicable settlement before taking any action. Failing that, the dispute will be brought before the competent French courts in accordance with the ordinary rules of law.

16. Recurring services (monthly support)

Where an engagement is agreed on a monthly basis (social media management, website updates, regular content creation), the quote sets out the monthly scope, the monthly price and the minimum commitment period (3 months by default). The service is invoiced monthly in advance, payable within 15 days. It then renews automatically each month by tacit renewal and may be terminated by either party by email with one month’s notice. Requests beyond the agreed monthly scope are subject to an additional quote.

17. Contact

SB.agency · Sakura Baudouin · SIREN 131209983 · hello@sakurabdn-agency.com · 06 16 87 25 92

Version in force: October 2026