Service contract - Graphic design, video and illustration

1. Purpose

This service agreement defines the terms and conditions applicable to graphic design, video production and illustration services provided by Alexem Studio Inc. By accepting a quote or commissioning Alexem Studio for a graphic design, video or illustration project, the client agrees to comply fully with this agreement.

2. Scope of included services

Graphic design, video and illustration services include :

• Original creation of visuals, illustrations, computer graphics and animations
• Design of graphic material for print or digital use
• Production and editing of promotional videos or vignettes (motion design, animation, simple editing)
• The use of licensed resources (images, fonts, music, videos, icons, textures, templates)
• A combination of original creations and external resources, depending on the budget and scope of the mandate
• Delivery of the final files in the agreed formats (PDF, PNG, AI, PSD, MP4, etc.).

Any services not specified in the accepted tender must be the subject of a separate order.

3. Obligations of Alexem Studio

Alexem Studio commits to :

• Provide professional creations that comply with accepted specifications
• Use only original or legally licensed materials
• Hand over the final files once the project is completed
• Transfer to the customer the exclusive right to use the final creations, once the project has been paid for in full.

Commitment of means and good faith

Services are rendered with an obligation of means, in good faith, according to the knowledge, skills and information available at the time of the project. Alexem Studio cannot guarantee or be held responsible for defects, problems or risks beyond its reasonable knowledge, beyond its competence or beyond an explicit request from the customer to manage them.

4. Customer’s responsibilities

The customer must :

• Provide clear and precise information on the content or material to be produced
• Provide any mandatory elements you wish to be integrated (logos, internal photos, raw videos, slogans, texts, data)
• Guarantee that it holds the rights to all content transmitted (images, videos, music, fonts, text)
• Check and approve deliverables before distribution

Specific responsibilities

• Digital proofs are systematically sent to the customer for validation. An affirmative e-mail response constitutes official approval.
• Color printed proofs can be supplied on request, subject to lead times and additional charges.
• Normal variations in colors, inks or stocks due to printing processes are considered acceptable and are not the responsibility of Alexem Studio.
• The customer remains responsible for any claims relating to material supplied by him.

The customer undertakes to designate a single decision-maker with the necessary authority and competence to give final approval to all stages and deliverables of the project. This designation must be communicated in writing to Alexem Studio prior to the start of the mandate. Alexem Studio will only consider feedback and approvals issued by this decision-maker. Requests or approvals from other parties will not be considered unless formally communicated by the designated decision-maker. The customer acknowledges that obtaining and waiting for multiple, sometimes contradictory, approvals may impact project deadlines and result in additional billable costs.

5. External tools and licensed resources

Alexem Studio may, depending on the budget and scope of the mandate, use external services or generative artificial intelligence tools (e.g. DALL-E, Adobe Firefly, MidJourney, Artlist, licensed image banks, music, videos or illustrations). These tools are used in a professional manner and in accordance with the terms and conditions of their suppliers. The customer acknowledges that their use does not confer worldwide exclusivity, and that the rights to use the final deliverable are limited to the conditions laid down by these platforms.

About fonts

• Alexem Studio integrates only royalty-free or commercially-licensed fonts into its designs.
• When the quotation includes a right of transfer, Alexem Studio may transfer to the customer a license of use limited to the deliverables delivered (e.g. logo, graphic charter, website).
• Unless specifically provided for in the quotation, font licenses offered or suggested for direct use by the customer (installation on the customer’s computers, software or internal systems) are excluded and remain the responsibility of the customer.

6. Intellectual property

• Source files, sketches, mock-ups, montages and concepts remain the property of Alexem Studio until full payment has been received.
• After payment, the customer receives an exclusive right of use on the final creations delivered, for the intended purposes.
• The customer acknowledges that it cannot claim worldwide exclusivity on elements from external databases or generative tools.
• Alexem Studio retains the right to use the projects in its portfolio, social media and website.

7. Errors and omissions

• Alexem Studio takes every reasonable precaution to deliver quality work.
• In the event of human or technical error, its liability is limited to correcting the error within a reasonable time.
• Alexem Studio cannot be held responsible for errors or defects not reported by the customer during the validation process, nor for problems not detectable or known at the time of delivery.
• Once approved, any requested modifications will result in delays and additional costs. If production has already started, the customer assumes the full initial cost, as well as the cost of new production.
• Normal variations in colors, inks, papers or printing supports between a digital proof and the final result are considered acceptable and are not the responsibility of Alexem Studio.
• Any errors discovered after printing or production remain the responsibility of the customer, and any reprints or corrections are at the customer’s expense.
• Any indirect loss (loss of income, damage to reputation, loss of clientele) is excluded.

8. Limitation of liability

Alexem Studio cannot be held responsible for :

• Unauthorized use by the customer of graphics, videos or music supplied by the customer.
• Any third-party claim relating to material transmitted by the customer
• Use of creations outside their intended context (modification by a third party, unauthorized reuse)
• Rendering differences between validated digital proofs and final printing results, which depend on industrial processes beyond our control.
• The commercial, financial or reputational impact of the visuals or videos created

In all circumstances, Alexem Studio’s maximum liability, if any, is strictly limited to the amount paid by the customer for the graphic design, video or illustration mandate in the six (6) months preceding the incident.

9. Force majeure

Alexem Studio cannot be held responsible for any delay or failure in performance caused by an event beyond its control, including natural disasters, generalized power failures, strikes, pandemics or third-party supplier failures.

10. Duration, termination and related conditions

• This service contract applies for the entire duration of the mandate.
• In the event of termination by the customer, all hours worked and expenses incurred are payable.
• Alexem Studio may terminate a mandate in the event of non-payment or breach of contractual obligations.
• Transfer of source files is conditional on full payment.
• By default, deliveries are made by e-mail, Google Drive folder or WeTransfer. Any other delivery method (print, courier, physical medium) may entail additional costs borne by the customer.

11. Acceptance

By accepting a graphic design, video or illustration quote from Alexem Studio, the customer acknowledges :

• have read and accepted the present “Graphic design, video and illustration” service contract in its entirety
• have read and accepted the “Service Level Agreement (SLA) – General”.
• have read and, where applicable, accepted the other specific service contracts applicable to its mandate (e.g. Web design; Branding; Copywriting/SEO; Organic content management and production), which take precedence over their respective domains