Terms & Conditions of Sale

Article 1: Preamble

Scope. On-Demand Services are open to any Client, Professional or Individual. The Maikkom Pro and Maikkom Pro+ Subscriptions, as well as the Client Area, are exclusively reserved for Professional Clients; the Client taking out a Subscription declares and warrants that they are contracting in that capacity and provides a valid SIRET number for that purpose. The protective provisions of the French Consumer Code, in particular the right of withdrawal and consumer mediation, benefit only Individuals, for the On-Demand Services open to them. Capitalised terms are defined in article 2.

These Terms & Conditions of Sale apply without restriction or reservation to all Services agreed between the company MAIKKOM Entreprise Individuelle (hereinafter "the Provider"), managed by Florent BAEZA-WILHELM, sole trader, whose registered office is located at 8 Rue Jean-Louis Vaudoyer, 13090 Aix-en-Provence, registered under no. 883 670 960 000 29, and a professional or non-professional Client over eighteen years of age with full legal capacity (hereinafter "the Client") placing an Order by contacting the company by telephone (06 45 38 44 68), email (contact@maikkom.fr), via its website https://maikkom.fr or by any other means.

These Terms & Conditions of Sale are provided before any Contract is concluded and are available at all times on the website https://maikkom.fr, thereby allowing the Client to have all the essential and mandatory pre-contractual information.

Should these T&Cs be refused, no service may be carried out by MAIKKOM – Entreprise Individuelle.

The Company reserves the right to amend its T&Cs at any time and without notice.

In the event of amendment of this document, the applicable T&Cs are those in force on the date the order is placed.

The Client understands and acknowledges that they have received clear and precise information prior to validation of the Order from the Provider, thereby allowing them to ensure that their Order meets their needs.

Prior to placing the Order, the Client is informed, in a clear and comprehensible manner, of these terms and conditions and of all the information referred to in articles L.221-5, L111-1, R.111-1, L.111-2, R.111-2 and R.221-2 of the French Consumer Code, and in particular:

• The essential characteristics of the product ordered, taking into account the communication medium used and the service concerned;
• The price of the product ordered and any additional costs;
• In the absence of immediate performance of the contract, the date or timeframe by which MAIKKOM – Entreprise Individuelle undertakes to provide the service ordered;
• Information relating to the identity of MAIKKOM Entreprise Individuelle, its postal, telephone and electronic contact details, and its services;
• Information relating to cancellation, termination and withdrawal options;
• The possibility of resorting to conventional mediation in the event of a dispute;
• Information relating to termination terms and other important contractual conditions;
• The accepted means of payment.

THIS HAVING BEEN SET OUT, IT HAS BEEN AGREED AS FOLLOWS:

Article 2: Definitions

• SUBSCRIPTION: The recurring offers Maikkom Pro and Maikkom Pro+ described in article 6, reserved for Professional Clients;
• CLIENT: Any person, Professional Client or Individual, placing an Order with the Provider. Unless the Professional Client or the Individual is expressly referred to, the term “Client” refers to either of them;
• PROFESSIONAL CLIENT: A professional requesting the performance of a Service from the Provider. A Professional Client is any natural or legal person acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity. Only a Professional Client may take out a Subscription and access the Client Area;
• ORDER: The act of ordering a service offered by the Provider,
• CONTRACT: The contract is an agreement of wills between two or more persons intended to create, modify, transfer or extinguish obligations;
• QUOTE: A document with contractual value that lists all the essential information, the price, and the date or timeframe for delivery of the product or performance of the service;
• CLIENT AREA: The online interface made available by the Provider, reserved for Professional Clients holding a Subscription, allowing them to manage their Subscription and order On-Demand Services;
• SUBSTANTIAL MODIFICATION: A modification is considered substantial when it changes the overall nature of the contract;
• INDIVIDUAL: Consumer or non-professional. An Individual may order On-Demand Services, on Quote; they may neither take out a Subscription nor access the Client Area;
• FULL LEGAL CAPACITY: Capacity is the ability, as defined by law, to conclude a valid legal act with the consequence of engaging the liability of the person who enters into it;
• SERVICE (PRESTATION): The provision of services means the undertaking of a professional, the service provider, to provide a service to a client in return for remuneration;
• ON-DEMAND SERVICE: Any Service ordered individually, on Quote or under the Basic and Premium packages of article 3, outside any Subscription. It is open to any Client; a subscribed Professional Client may also order it from their Client Area;
• SOCIAL NETWORK: A platform allowing the Provider to share its content and offers worldwide;
• SERVICE: Refers to all the Offers and Services provided by the Provider,
• WEBSITE: A website is a set of web pages and resources linked by hyperlinks, defined and accessible via a web address such as the site https://maikkom.fr. This site displays the offers proposed without the possibility of purchasing, allowing contact only.
• SUBSTANTIAL BREACH: A breach serious enough to destroy the value of a contract and to justify an action for breach of contract.

Article 3: Services offered

These Terms & Conditions of Sale (T&Cs) define the conditions under which FLORENT BAEZA-WILHELM (hereinafter "the Provider") provides Graphic Design, Web Design – Hosting – Maintenance, Paper & Textile Printing and Promotional Products services on behalf of its clients (hereinafter "the Client").

The Provider offers the following services, the specific terms of which are set out in the quote signed between the parties:

A) Graphic design

B) Web

C) Print (by catalogue and/or quote only)

• C01: Paper printing
• C02: Textile printing
• C03: Promotional products printing
• C04: Design and personalisation of a physical NFC business card with a monthly and/or annual subscription (under the name "Vé ! Card", future registered trademark)

D) Communication and Marketing (by quote only)

• D01: Branding (developing and sustaining the brand image of a company, service or product)
• D02: Copywriting/Ghostwriting
• D03: Email campaign on an existing client database.
• D04: Writing of emails, letters or press releases

E) Subscriptions, Unlimited design

A subscription for unlimited graphic design services, based on cognitive design: unlimited design requests handled one at a time, with no per-service billing, at a fixed monthly cost. Billed monthly and charged automatically at each due date. The duration and termination conditions specific to each plan are set out in Article 6.

In accordance with article 293 B of the French General Tax Code, VAT is not applicable: subscription prices are stated exclusive of tax and net of VAT.

Article 4: Pricing and payment terms

Services:

The price includes all the Services and rights granted under this Contract and necessary for the performance of the Services.

Prices are stated in euros and are payable exclusively in this currency regardless of the client's nationality. They correspond to the rates of the various services described and are valid only for those services on the date indicated.

Any additional request is subject to a supplementary quote.

In accordance with article 293 B of the French General Tax Code, VAT is not applicable.

The Client acknowledges that they are not authorised to withhold, for any reason whatsoever, all or part of the price, nor to make any set-off on any basis whatsoever.

Means of payment:

The means of payment are as follows:

• By bank transfer (bank details communicated to the Client and appended to the quote or contract).
• By EasyTransac
• By Secudeal
• By Stripe
• By PayPal

Payment schedule:

Payment for the services is staggered as follows:

• 50% as a deposit, paid on the day these terms are signed or at the latest within 14 (fourteen) days of signature.
• 50% as the balance of the service, paid at the latest within 30 days of the invoice being issued by the provider.

Any different payment terms will be provided for in the appended quote.

Upon receipt of the funds, the Provider will send its paid invoices to the Clients in a single copy.

Electronic invoicing: Invoices are drawn up, issued and transmitted to the Client in dematerialised form by means of the Tiime invoicing solution.

On late payment:

Clients acknowledge that they are not authorised to withhold, for any reason whatsoever, all or part of the price, nor to make any set-off on any basis whatsoever.

In the event of late payment on the due date, the sums due will automatically and without formal notice bear monthly interest equal to the statutory rate increased by 10 (ten) points.

Any sum unpaid on the due date also entails, as of right, the payment of a fixed indemnity of a minimum of 40 € (forty euros) for recovery costs.

The penalties will be payable without any prior formal notice being required and are not subject to VAT.

In accordance with article L.441-10 of the French Commercial Code, where the recovery costs incurred exceed the amount of this fixed indemnity, the company may claim additional compensation from the debtor Clients, upon justification.

In the event of a payment default, and in the absence of any response from the Clients following receipt of a formal notice from the company within 15 (fifteen) days of receipt of that letter, the contract will be terminated as of right, it being specified that the remaining sums due will become payable.

In addition, in the event of non-compliance with the aforementioned payment conditions, the company may suspend any processing or delivery of an Order, cancel the processing of the Order, or suspend the performance of its obligations in the event of a refusal of payment authorisation by bank transfer from the accredited bodies or in the event of non-payment.

The Provider has the right to refuse to fulfil an Order from Clients who have not paid in full for an Order or with whom a payment dispute is ongoing.

The Provider specifies that the application of the content of this clause does not deprive it of legal proceedings for the award of damages.

In the event of fraudulent use of its means of payment, the Client is invited to contact the Provider by email at contact@maikkom.fr as soon as possible, while also taking steps with their bank.

Article 5: Delivery times and modifications

The delivery times for graphic design services are set by the Provider and specified to the Client when the quote is validated. These times are given as a guide only and may be revised depending on technical constraints or the Client's feedback.

Products resulting from printing services are shipped by third-party carriers, including but not limited to: Chronopost, Colissimo, TNT, FedEx, DHL, UPS, or any other carrier selected by the Provider. Consequently, the delivery times applicable to these products fall exclusively under the general terms of the carrier concerned.

The Provider cannot, under any circumstances, be held liable for any delay in processing or delivery, or for any loss attributable to the carrier. No refund, cancellation or compensation may be required from the Provider in the event of the carrier's failure to meet its contractual obligations. It is the Client's responsibility to make any claim directly with the carrier, where applicable.

Nevertheless, the Provider undertakes to support the Client in good faith and as far as possible in their dealings with the carrier in the event of a claim relating to a delay or loss of goods.

Any request to modify ongoing services may result in a readjustment of the timeframes initially planned. The Provider will then inform the Client of the new estimated delivery deadlines.

Indicative timeframes by service:

• Graphic design : Visual identity: 30 to 90 days; Logo: 7 to 30 days (subject to availability); Business card, letterhead, email signature, presentation folder, flyer: 7 to 10 days; Brand guidelines: 7 to 30 days; Leaflet: 7 to 10 days; Brochure/Booklet: 7 to 30 days; Catalogue/Magazine: 7 to 45 days; Roll-up banner: 7 to 10 days; Poster: 7 to 20 days.
• Web : Showcase website, online store and landing page: 15 to 45 days.
• Print : Delivery variable depending on quantity, model and distance (by catalogue and/or quote only).
• Communication and Marketing : Delivery subject to availability (by quote only).

These times are given as a guide only and run from validation of the quote and receipt of all the elements needed to carry out the service.

Article 6: Contract duration

One-off offer: This contract takes effect from the date these terms are signed, which must be accompanied by payment of a deposit, and ends upon delivery of the service by the Provider to the Client.

No automatic renewal is possible, and parties wishing to continue must formalise an amendment.

Recurring subscriptions (Maikkom Pro and Maikkom Pro+)

The Maikkom Pro and Maikkom Pro+ subscriptions are recurring graphic design service subscriptions, billed monthly and charged automatically at each due date. Their duration and termination conditions differ depending on the plan subscribed to. These Subscriptions are exclusively reserved for Professional Clients (article 2) and are managed from the Client Area.

Maikkom Pro, no commitment: taken out at the rate of two thousand two hundred euros (2 200 €) excluding tax per month, with no minimum commitment period. It renews automatically for successive one (1) month periods. The Client may terminate it at any time, from their client area or by email to contact@maikkom.fr, with the termination taking effect at the end of the current monthly period. No instalment beyond the current period is then due.

Maikkom Pro+, 12-month commitment: taken out at the rate of one thousand nine hundred and ninety euros (1 990 €) excluding tax per month, for a firm and irrevocable term of twelve (12) consecutive months from the date of the first charge. During this period, the Client undertakes to pay the twelve (12) instalments provided for at the rate in force at the time of subscription. The Client retains the option of notifying at any time, from their client area or by email to contact@maikkom.fr, that they do not wish their subscription to be renewed at the end of the 12 months; however, the remaining instalments due until the end of the contractual term remain payable in full. At the end of the initial twelve (12) month period, the subscription renews automatically for further successive twelve (12) month periods. To prevent this renewal, the Client must notify their intention not to renew, from their client area or by email to contact@maikkom.fr, observing thirty (30) days' notice before the term of the current twelve (12) month period; failing this, a new twelve (12) month period is entered into on the same terms.

Common provisions: subscriptions are billed by full month, payable in advance. Any monthly period started is due in full and is non-refundable, even partially or pro rata, whatever the cause (termination, non-renewal, change of plan, suspension or interruption of the service at the Client's request). In the event of termination, the Client retains access to the service until the end of the monthly period already paid, with no refund for unused days. Switching from the Maikkom Pro plan to the Maikkom Pro+ plan entails taking out a new twelve (12) month commitment, running from the first charge at the Pro+ rate.

Right of withdrawal

In accordance with articles L.221-18 and L.221-5 of the French Consumer Code, the Client has a withdrawal period of 14 (fourteen) calendar days from the day after the conclusion of this contract, free of charge.

Where the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended to the next working day.

The Client benefits from a right of withdrawal without having to give reasons.

A standard withdrawal form is appended to this contract.

Withdrawal form

For the attention of [Company name – legal form – postal address]

We the undersigned, SURNAME and FIRST NAME of the Clients, having ordered on the date shown on the contract, description of the Service(s) ordered.

In accordance with article L. 221-18 of the French Consumer Code, subject to any exclusions or limits on the exercise of the right of withdrawal under the applicable Terms & Conditions of Sale and Services, I hereby give notice of my request to withdraw.

Clients' address:

Signature (if the form is sent in paper form):

Date:

Where performance of the service begins at the express request of the Client before the end of the 14-day period, the right of withdrawal may be exercised until the end of the period, subject to payment of the price for the services performed up to receipt of the withdrawal decision.

In other words, the right of withdrawal may be waived in service contracts fully performed before the end of the withdrawal period, and whose performance began after the consumer's prior express agreement and express waiver of that right.

The right of withdrawal is reserved for Individuals for On-Demand Services. It does not apply to Subscriptions, which are reserved for Professional Clients (articles 1 and 2); for these Subscriptions, performance begins upon validation of payment.

Termination

Termination differs from cancellation in that it only ends the contract for the future.

Cancellation, on the other hand, returns the parties to the situation prior to the contract.

The Contract may be terminated before its expiry date for the following reasons:

• in the event of a breach, by either Party, of the obligations incumbent upon it under the Contract in accordance with article 1219 of the French Civil Code. In such a case, the Contract is terminated as of right, without prejudice to any damages, 8 (eight) days after a formal notice to perform has remained unsuccessful and been sent in writing by registered letter with acknowledgement of receipt,
• In the event of force majeure, as usually understood by French case law. In accordance with article 1218 of the French Civil Code, this is an event beyond the debtor's control, which could not reasonably have been foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures, preventing the debtor from performing its obligation.

A Client who has taken out a recurring Offer other than the Maikkom Pro and Maikkom Pro+ subscriptions (in particular hosting, maintenance and domain names) has a right of termination, which must be notified in writing sent by registered letter with acknowledgement of receipt to the Provider, observing a period of at least 90 days (3 months) before the desired termination date. The Maikkom Pro and Maikkom Pro+ subscriptions are exclusively governed by the “Recurring subscriptions” provisions above, which prevail over any other stipulation herein in the event of conflict.

In the event of termination at the Client's initiative, the Client undertakes to pay for all the services performed.

Cancellation

Any breach of contract must be notified in writing sent by registered letter with acknowledgement of receipt.

Should this contract be broken by the Clients, the Provider will be released from honouring this contract on the date of receipt of the registered letter with acknowledgement of receipt notifying the cancellation.

In the event of cancellation at the client's initiative, and as already mentioned in this contract, the deposit paid may not be refunded, a condition to which the client consents.

In the event of cancellation at the client's initiative, the client is liable to pay damages according to the following schedule:

• Cancellation between 16 and 30 days before the contract's due date: 60% of the total contract amount.
• Cancellation within 15 days before the contract's due date (or less): 100% of the total contract amount.

No cancellation may occur at the Provider's initiative, except in a duly justified case of force majeure, as defined herein and in the cancellation terms below.

In the event of cancellation at its own initiative due to force majeure, the Provider refunds the Client the portion of the deposit corresponding to services not performed at the date of the event. Work carried out by that date remains acquired by the Provider and is, where applicable, delivered as is to the Client. No other compensation is due.

Force majeure

Force majeure means any event meeting the conditions of article 1218 of the French Civil Code. The Party prevented from performing shall inform the other Party in writing as soon as possible. Performance of the Contract is then suspended for the duration of the impediment, without such suspension giving rise to any compensation. Sums paid for periods performed or commenced remain acquired by the Provider; no invoicing takes place during the suspension. For the Maikkom Pro+ Subscription, the duration of the suspension extends the commitment period accordingly. If the impediment continues beyond three (3) months, either Party may terminate the Contract by written notice; the Contract shall then end at the end of the last monthly period paid, without any refund or compensation on either side.

If the occurrence of a case of force majeure prevents the Provider from carrying out its service, it undertakes to use its best efforts to help the Client find an alternative.

Article 7: Responsibilities

The Parties undertake always to behave as loyal partners acting in good faith.

Of the Provider

• The Provider acknowledges being bound by a general duty to advise in the areas covered by the Services, in particular to inform, recommend and warn.
• For the performance of the Services, the Provider makes available to Clients its technical support, all its know-how and its consulting methods, and undertakes to carry out the Services in accordance with good practice.
• Throughout the term of the contract, the Provider undertakes to seek and implement all possible efforts to meet the Clients' request, as defined:
  • To meet the agreed deadlines for design, delivery and modification,
  • To keep the Client informed of the progress of the services,
• The Provider undertakes, in accordance with article 1137 of the French Civil Code, to make all necessary efforts to achieve the purpose established by the Contract in accordance with an obligation of means:
  • To keep the Client's information confidential,
  • To be available and to carry out its assignments from Monday to Friday, 9 am to 7 pm
  • The Provider endeavours to make itself available to its clients, it being specified that the opening hours of its office are Monday to Friday from 9 am to 7 pm, which should therefore be favoured.
• In the context of subcontracting: the Provider undertakes, when using subcontracting or wage portage, to ensure compliance with the national quality standard referred to in article L. 6316-3 of the French Labour Code. The Clients expressly authorise the Provider to use subcontractors, it being specified that the subcontractors are subject to the same obligations as the Provider towards the Clients.
• The Provider cannot be held liable in the event of a failure of hosting platforms, of web-creation platforms such as the WordPress CMS, of account suspension or of algorithmic changes affecting performance.

Of the Client

• To provide the information and resources necessary for the proper performance of the services (logos, texts, photos, brand guidelines, credentials granting access, etc.). Any submission to a mailbox other than the one mentioned above cannot be considered as received.
• To approve the content within the allotted time,
• To ensure the legality of the content provided (copyright, royalty-free images, etc.)
• To communicate the essential elements enabling the service to be carried out,
• To pay the price stipulated under the stated conditions and not to make any counterpart or withholding whatsoever on any basis whatsoever,
• To request a maximum of 5 modifications upon receipt of the visuals within a period of 10 days

If the Client does not approve the content within the allotted time, it will be deemed accepted and due.

Article 8: Intellectual property

The Provider holds all the intellectual property rights relating to its site or to the Services offered. The Client's use of the site to discover the various Services or to place an order does not confer any right of reproduction, adaptation or distribution in any way whatsoever.

Copyright: The visuals, texts and content created by the Provider remain its intellectual property until full payment of the services by the Client.

Transfer of rights: The Provider transfers the exploitation rights to the Client once the invoice has been paid in full.

Credit to the Provider: The Client authorises the Provider to cite it and to use the photographs and all other materials from the service in its commercial documents, in any form whatsoever and without any financial consideration, if no written request against this right has been made beforehand, namely:

• Website and blog,
• Social networks,
• Portfolios, brochures, flyers, business cards,
• In the offices occupied by the provider,
• On all existing or future media enabling the promotion of the services,

Each Party undertakes not to infringe the rights to the other Party's own prior and/or subsequent property in any way whatsoever, and to obtain the same undertaking from its staff and any subcontractors assigned to the performance of the Contract.

Objection to the training of artificial intelligence: The Provider expressly objects, pursuant to Article L. 122-5-3 III of the French Intellectual Property Code and Article 53 of Regulation (EU) 2024/1689 on artificial intelligence, to any text and data mining and to any use of its creations (visuals, texts, mock-ups, source files and deliverables), whether published on its website or delivered to the Client, for the purpose of training, fine-tuning, evaluating or otherwise feeding artificial intelligence systems or models, whatever their nature, purpose or operator. This reservation of rights also applies to creations whose exploitation rights are assigned to the Client: the assignment provided for in this Article does not include the right to use the creations, or to authorise any third party to use them, for such purposes. The Client undertakes to bring this reservation to the attention of any provider, platform or service to which it entrusts the creations.

Article 9: Protection of personal data

For any processing of personal data carried out in connection with this contract, the parties will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as all additional rules applicable to personal data in France (hereinafter the "GDPR").

Each party declares and warrants to the other party that it will strictly comply with the GDPR for any processing of personal data carried out in connection with this contract.

Notwithstanding any clause to the contrary, the parties will incur no contractual liability under this contract to the extent that compliance with the GDPR would prevent them from performing one of their obligations under this contract.

The Provider undertakes, in accordance with the GDPR, to protect personal data.

Upon signature of the Contract, the Client expressly consents to the collection and processing of their personal data necessary to perform the Services.

The personal data collected by the Provider is intended to enable the performance of the Services.

The various personal data will not be kept longer than necessary for the purposes for which it was collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law no. 78-17 of 6 January 1978, as amended by Law no. 2004-801 of 6 August 2004 known as the "Data Protection Act", and with the General Data Protection Regulation (GDPR), subject to proof of identity, the Client, whatever their nationality, has a right of access to, modification of and deletion of their personal data.

The Client is also entitled to request a restriction of the processing of their data and further has a right to data portability as well as a right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, to ensure the confidential processing of clients' data, the Provider has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact@maikkom.fr

Article 10: Governing law – Disputes

It is expressly agreed between the Parties that French law governs the provisions of the Contract, both for its conclusion and for its interpretation and effects.

In the event of a dispute arising from or related to this contract, the parties agree to meet in order to seek to settle the dispute through negotiation or another appropriate dispute-resolution procedure, before resorting to legal action.

In accordance with Order no. 2016-301 of 14 March 2016, every consumer has the right to make free use of a consumer mediator with a view to the amicable resolution of a dispute with a professional.

Consumer mediation is reserved for Individuals, for the On-Demand Services open to them. It does not apply to Subscriptions, which are reserved for Professional Clients.

The mediator appointed by MAIKKOM – Entreprise Individuelle may only be contacted in the context of a proven dispute, the party initiating the referral to the mediator having to provide proof that all legal and possible steps have been taken. This procedure is free of charge for the Client.

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the Provider communicates the name and contact details of the mediator to which the company is affiliated:

CM2C, Centre de médiation de la consommation et de conciliation de Justice
Telephone: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
E-mail: litiges@cm2c.net
Postal address: CM2C, 49 rue de Ponthieu, 75008 Paris

The consumer may refer the matter to the mediator:

• either online via the dedicated form on www.cm2c.net;
• or by telephone on 01 89 47 00 14;
• or by email to litiges@cm2c.net;
• or by post to the address above.

For Professional Clients, and in particular for any dispute relating to a Subscription, the Parties undertake to seek an amicable solution, in writing, within thirty (30) days from notification of the dispute by the most diligent Party; consumer mediation does not apply to them.

Failing an amicable resolution, any dispute between the Parties as to the interpretation or performance of the contract falls under the jurisdiction of the competent courts.