Terms of Service

Service Definitions

Terms and Conditions of Sale

The present General Terms and Conditions of Sale govern the use of the Graphic Design Service by subscription offered on the website mycreativeagency.com. By using this Service, you indicate that you have read and understood the terms of use and agree to comply with them at all times.

Designated as Services: All the service suite offered on the site.

Designated as The Company: The company "Mon Agence Creative".

Designated as the Subscriber: The person or company subscribing to the Service.

Designated as Deliverables: All requests, made by the Subscriber to the Company, included in the scope of the subscribed service.

Operation of the Subscription service

The briefs/tasks submission tool

The Client submits tasks to be carried out on a dedicated Kanban board. The Company offers the "Trello" tool by default, but if the client already uses internal software, the Company can be invited provided that the tool provides the Kanban functionalities described below and allows for receiving notifications. The Kanban board has 3 columns where tasks will be created and moved: "Back log", "Active Task", "Approved".

The Company undertakes to work on one task at a time. The time slots, referred to here as "slots", correspond to one task in the "Active Task" column of the kanban and are reserved by the Subscriber.

A subscription provides 1 slot. The Subscriber is free to decide which task to move to the "Active Task" column and can make changes at any time.

The Subscriber decides:

- If the task is completed by moving it to the "Approved" column.

- If they want to leave the task active because it requires revisions.

- If the task needs to be put on hold to prioritize another task. In this case, they will move it back to the original "Back log" column.

The Company has a minimum period of 48 working hours to make the requested modifications. This period may be shortened if the revision is simple and the Company is able to respond more quickly.

The Subscriber can request as many revisions as necessary for a deliverable, as long as the request is made within the paid month for the relevant task. Hence, the task can remain active for the duration of the revisions, with no limit on the number of iterations, and at no extra cost.

Subscription Services do not include

The following services are not included in any subscription plan but can be requested as custom projects:

• 3D visuals
• Packaging pattern design
• Illustration
• Video shooting
• Photo shooting
• Web applications development (requiring for example backend development)
• Website hosting

Delivery Deadlines and Time Management

The Company undertakes to work on the briefs sent by the Subscriber until the end of the paid month, from Monday to Friday, excluding French legal holidays. Delivery times vary depending on the chosen service plan.

Graphic Design Plan:

Deliverables are typically provided within 3-4 business days after receiving and accepting the Subscriber's request. More complex tasks may require additional time, in which case the Company will inform the Subscriber of the estimated deadline.

Design + Web Plan:

Deliverables for standard tasks are typically provided within 48 hours after receiving and accepting the Subscriber's request. More complex tasks, especially those involving web development or advanced design, may require additional time, and the Company will inform the Subscriber of the estimated deadline.

Full-Time Designer Plan:

The dedicated designer provides immediate attention to tasks. Delivery times vary based on task complexity and will be discussed with the Subscriber directly. This plan prioritizes efficient turnaround times due to its dedicated nature.

Examples of delivery times:

Possible delivery within 48 hours (for Design + Web and Full-Time Plans): color correction of 10 photos, design of a newsletter, first draft of a design concept for a brand campaign, product placement photo, formatting of visual content for social media, adding titles to a video. These types of tasks may take longer under the Graphic Design Plan.

Deliveries requiring more than 48 hours: Design of a website or landing page, complex video editing, affiliate campaigns requiring the creation of a hundred banners. Note that the dedicated designer may be able to complete complex tasks faster than the other plans.

Please note that the execution period depends on the complexity of the requests and the comprehensibility of the brief.

Pause feature of the monthly subscription

If the Subscriber has no more work to entrust to the Company before the end of their paid monthly subscription, they have the option to request a pause of their subscription to not lose the remaining subscription time. For this request to be considered, the Subscriber must meet the following criteria: the pause request must be submitted by email to support@monagencecreative.com at least 72 hours before the end of the current paid subscription. In addition, the Subscriber must not have already benefited from a pause for the current paid subscription month. This pause will be made without refund of already paid sums. The subscription can be resumed within a maximum period of 3 months after the pause. Upon resumption, the Subscriber will benefit from the remaining subscription time before the pause to submit new requests.

The subscriber cannot pause a subscription paid for the year or a dedicated designer plan.

Payments

The Subscriber will pay the Fees on the day the Order is placed, and on the same day of each month thereafter, by direct transfer. For a subscription starting in the middle of the month, the end of the paid month is determined on a pro-rata basis of the actual number of days remaining in the current month from the subscription start date (28, 29, 30, or 31 days).

The amount received in the Company's bank account must correspond to the total service price. The Company is not responsible for any bank fees generated by the bank transfer or currency conversion to euros.

If the amount is incorrect and the Subscriber needs to make a second payment, the Company will not be responsible for any additional bank fees.

The Company may decide not to start the service if the Subscriber has not paid the full price in advance.

However, the Company may grant a 2-week extension if the Subscriber's company makes its payments on a regular schedule.

Billing and Subscription

The Subscriber will receive the invoice before the start of the service to proceed with the payment. The Subscriber will pay the same amount each month to continue the subscription. They can decide at any time not to renew their subscription by not paying the next monthly payment. The subscription will then be terminated.

If the payment for the next monthly payment is not received by the end of the month paid, the service will be suspended until the next payment is received.

In case of termination, no refund will be made. All amounts already paid to the Company will remain with them.

No deliverables will be sent to the Subscriber after the subscription is terminated. If a task has been started but could not be completed before the end of the subscription, the Company will not send the corresponding deliverables.

If the Subscriber wants the Company to complete these deliverables, they will need to subscribe for an additional month.

Intellectual Property

All intellectual property rights to the visual creations provided to the Subscriber remain the exclusive property of the Company. However, the Company grants the Subscriber an extended and unrestricted license for the use of these visuals. The Subscriber is free to use, modify, adapt, and distribute the visuals created as part of their subscription for any commercial use, without concern for geographical, temporal, or specific media limitations. There are no restrictions on the internal (sell-in) or external (sell-out) use of the visuals. Additionally, the Company will not charge any royalties or additional fees for the use of the visuals, even after the end of the subscription. However, for visuals created in collaboration with a third-party artist at the request of the Subscriber, the rules of use will be defined by the respective artist, and the Subscriber must comply with these specific conditions.

Intellectual Property for Full-Time Designers

All intellectual property created during the Full-Time Designer plan will transfer to the Subscriber upon request, provided the subscription is active and all invoices are paid in full. For other plans, the Company retains ownership unless otherwise agreed.

Full-Time Designer Plan: Additional Clauses

General Revisions for All Plans

Scope of Refunds

No refunds will be issued for unused tasks or partial subscription periods. If the Subscriber wishes to downgrade their plan, the change will take effect at the start of the next billing cycle.

Service Interruptions Due to Incapacity

The Company strives to provide consistent service across all subscription plans. However, in the event of a designer's illness or other unforeseen circumstances causing temporary incapacity, the Company may experience brief interruptions in service. In such cases, the Company will make reasonable efforts to minimize disruption and will communicate any delays to the Subscriber as soon as feasible. No refunds or prorated fees will be provided for service interruptions of 3 business days or less within any given month. In the event of a longer or reoccurring incapacity we can agree to pause the service so the client do not lose the remaining subscription time. This clause applies to all subscription plans, including Graphic Design, Design + Web, and Full-Time Designer plans.

Force Majeure

The Company will not be liable for delays or failures to fulfill obligations due to circumstances beyond its control, such as natural disasters, pandemics, or governmental actions.

Arbitration Clause

In the event of disputes, both parties agree to resolve conflicts through arbitration rather than litigation. Arbitration will be conducted in France under applicable French law.

Subscriber-Provided Material Liability

The Subscriber is solely responsible for ensuring that any materials, content, or data provided to the Company for use in deliverables comply with copyright laws. The Company will not be held liable for any copyright infringement claims arising from the Subscriber’s materials.

Data Backup and Security

While the Company will make reasonable efforts to secure deliverables, the Subscriber is responsible for maintaining backups of all files. The Company will not be held liable for data loss beyond its control.

Disclaimer

The Company or any party will not be held responsible for any issues arising from any misuse of the deliverables. The Company disclaims all liability for any delay, loss, theft, destruction, alteration, or unauthorized disclosure of Subscriber's information or data. The Company shall in no event be liable in the event of force majeure or external technical issues preventing access to the Deliverables. The liability of the Company is limited to the amount paid by the Subscriber for the service provided.

Indemnification

As a user, you hereby indemnify the Company from any liability, cost, cause of action, damage, or expense arising from your use of this service or your violation of any provisions set forth in this document.

Applicable Laws

This document is subject to the applicable laws in France and aims to comply with its necessary rules and regulations. This includes the EU-wide regulation set out in the GDPR.

Divisibility

If at any time any of the provisions set forth in this document is deemed to be incompatible or invalid under applicable laws, such provisions shall be deemed null and void and shall be removed from this document. All other provisions shall not be affected by the laws and the remainder of the document shall always be deemed valid.

Changes

The present terms and conditions may be modified from time to time to comply with the law and reflect any changes in the management of our site and the expected behaviors of users on our site. We recommend that our users regularly check these terms and conditions to ensure that they are informed of any updates. If necessary, we will inform users by email of any changes to these terms or post a notice on our site. The effective date of these terms and conditions is Jan 1, 2025.