General Conditions of Sale
These General Terms and Conditions of Sale define the rights and obligations between Fivensa and its clients. These terms, along with any specific conditions mentioned on the order document and the provisions of the Commercial Code, exclusively govern the services provided by Fivensa. They take precedence over any conflicting terms in the client’s general purchase conditions or any other documents from the client or third parties unless explicitly accepted by Fivensa.
Article 1 – Purpose of the Mission
Fivensa offers advisory services in communication and advertising, as well as various types of missions such as creation and production. It may also act as an agent for the client in purchasing advertising space, managing the publication of advertising materials, domain name registration, and other specific services. In carrying out its missions, Fivensa creates advertising content, may engage external professionals for services such as photography or film production, and acquires necessary intellectual property rights from relevant parties. Fivensa’s compensation is based on the budget allocated for each mission.
Article 2 – Quotes and Orders
The quote outlines the services to be provided and is based on the information and elements provided by the client. It includes the work and technical costs related to the mission. The quote may involve “art sales,” where Fivensa negotiates the acquisition of rights on behalf of the client, depending on the project’s needs. Prices are listed in euros, excluding taxes, and do not include unforeseen or additional costs required for the project, such as travel beyond 15 km from Fivensa‘s headquarters or specific software purchases. These additional costs will be billed separately. Any changes to the mission may result in a price adjustment. Quotes are valid for one month from their issuance and are fixed until accepted by the client within this period. Acceptance is confirmed by signing the quote, and the client acknowledges having accepted the terms of the mission and the prices without reservation.
Article 3 – Payment Terms
Payments can be made by check, bank transfer, direct debit, or credit card. Unless otherwise agreed, 40% of the payment is due upon acceptance of the quote, and the remaining 60% must be paid within thirty days of the final invoice issued by Fivensa. If payment is delayed beyond thirty days, late interest will be applied at a rate of one and a half times the legal interest rate.
Anatocism Agreement : Late interest may itself accrue interest, according to the contractual rate and within the limits set by Article 1154 of the Civil Code. Additionally, in case of payment delay exceeding three months, a penalty fee of 15% of the unpaid invoice amount will be applied, in addition to late interest. Ownership of any production remains exclusively with Fivensa until all invoices are fully paid. Once full payment is made, ownership of the production transfers to the client.
Additionally, payments for advertising budgets and third-party services should be made directly by the client to the concerned organizations (Google, Facebook, etc.). Fivensa will configure payment methods on the client’s advertising accounts and is designated as the agent for online advertising operations, provided the agreed budget conditions are met. The client is responsible for the payment of advertising invoices and any disputes with the relevant organizations, with Fivensa not being liable.
For missions involving staged payments, any delay in payment may extend the project completion time. In the case of a recurring contract, if an invoice remains unpaid beyond 60 days from its issue date, Fivensa reserves the right to terminate the contract immediately for breach of contract by the client. Fivensa will not be held responsible for any loss or damage. The client remains liable for all invoices issued by Fivensa, including those within the 60-day period.
For hosting or technical maintenance services, failure to pay an invoice related to the service beyond the 30-day regulatory deadline may result in Fivensa placing the website or program in maintenance mode until the outstanding invoice is settled. Fivensa will not be liable for any loss or damage. After 90 days from the invoice issue date, Fivensa may proceed with the depublication of the affected websites or programs.
For missions involving the creation, development, integration, or configuration of a website or program, failure to pay the final invoice within the 30-day regulatory period means that all elements remain the full and exclusive property of Fivensa until all invoices are paid in full. Fivensa reserves the right to make the website or program inaccessible until complete payment is received.
Article 4 – Execution of the Mission
Fivensa commits to carrying out its mission in strict accordance with the accepted quote, with professionalism and competence. It will deploy the necessary human and technical resources and may offer improvements to enhance project effectiveness. The client must provide all required documents and information for the mission without exception.
