General Terms and Conditions

The company MAISON D IDEE Prague s.r.o., with its registered seat at V Chotejně 765/15, Hostivař, 102 00 Praha, the Czech Republic, ID No. (IČO) 06100341 (“MAISON D’IDÉE“) issues general terms and conditions as follows:

Introductory provisions

  1. These General Terms and Conditions (“GTCs”) outline the rights and responsibilities of the parties involved in the agreement on the provision of work/services concluded between customer (whether individuals or businesses) (“customer”) and MAISON D’IDÉE according to these GTCs. For the purposes of these GTCs, work/services means, primarily but not exclusively, those work/services listed at https://www.maisondidee.com/
  2. MAISON D’IDÉE will ensure the professional delivery of work/services. 
  3. The customer accepts and agrees to these GTCs.

The Agreement

  1. By accepting MAISON D’IDÉE’s price quote in writing (by e-mail is sufficient) the customer orders the work/services from MAISON D’IDÉE and enters into an agreement on the provision of work/services with MAISON D’IDÉE (“Agreement“).

Order and Price quote

  1. To express interest in the work/services of MAISON D’IDÉE, customers can place an order. If a third party is to be invoiced for the work/services, such a requirement must be stated at the time the quote is requested.
  2. Any customer that places an order with MAISON D’IDÉE will be held liable for the payment of that order. The price quote will apply only to the assignment stated in such a quote.
  3. The price for work/services is determined by multiplying the hours spent on work/services and the price according to the price list provided to the customer as a part of the price quote, unless otherwise stated in the price quote.
  4. The price for third parties licenses, including but not limited to photos from a photo bank, music, models, actors, and other personnel required for work/services, are included in the overall price for the work/services provided by MAISON D’IDÉE. This provision applies only in cases where MAISON D’IDÉE has expressly committed to providing such licenses for the given work/services. By including these costs in the overall price, MAISON D’IDÉE aims to provide its clients with complete transparency and clarity regarding the total cost of the work/services.
  5. The price quote is valid for 30 days from its issue.
  6. Price quotes exclude all taxes (e.g. VAT).
  7. Copywriting and translation services provided by external suppliers are not included in the price quote and will be calculated and billed separately.
  8. Special fonts used, that are not supplied by the customer, are not included in the price quote and will be calculated and billed separately.
  9. Any changes requested by the customer that result in additional charges will be reflected in an updated price quote from MAISON D’IDÉE.
  10. MAISON D’IDÉE reserves the right to adjust the quoted price if significant changes or unforeseen circumstances beyond their control occur.

Payment conditions

  1. Upon customer’s acceptance of the price quote, MAISON D’IDÉE will issue an invoice for the sketch, requiring advance payment from the customer.
  2. MAISON D’IDÉE will issue an invoice for the price calculated (under sections 5-14 hereof) without undue delay after delivery of work/services. 
  3. Invoices are due within 30 days of issue in EUR, unless otherwise agreed between MAISON D’IDÉE and the customer.
  4. In case of late payment, an additional 0.01% interest will be charged on the outstanding balance for each calendar day that the payment is delayed. Said interest will be charged automatically and without notice of default.  
  5. If the price is not paid within the period stated in par. 19 hereof, MAISON D’IDÉE will stop accepting new assignments from the customer until the amount owed has been paid in full.

Rights and obligations

  1. The customer is responsible for ensuring the accuracy of all provided information and materials necessary for the completion of the assignment.
  2. The customer is responsible for obtaining the necessary rights to use the supplied texts.
  3. The customer is responsible for acquiring the rights to use any supplied font. MAISON D’IDÉE provides a resource for customer to acquire the font.
  4. If, in the customer’s opinion, a design supplied does not comply with the assignment, MAISON D’IDÉE will credit at least half of the total price, plus any costs already incurred.
  5. MAISON D’IDÉE retains the right to use all work delivered and paid for its publicity purposes.

Delivery of the work

  1. MAISON D’IDÉE provides the work in a high-quality output format suitable for printing or final use, such as printable PDFs for packaging, compressed videos, websites, logos, etc. These files do not include open-source files used for creation (e.g. Adobe Illustrator, Photoshop, Premiere, After Effects, Indesign, 3ds Max, Figma, etc.) unless agreed otherwise. The ownership of these files remains with MAISON D’IDÉE, and the customer purchases only the work (final output). Any additional arrangements for source files must be agreed upon separately with MAISON D’IDÉE.
  2. The work will be sent to the customer’s provided email address, with a convenient link to MAISON D’IDÉE’s cloud storage (Dropbox) for easy access to download the files. MAISON D’IDÉE aims to send the email on the same day the work is finished as part of their standard procedure. Please note that MAISON D’IDÉE does not guarantee the retention of the files beyond 30 days.
  3. Delivery times provided are estimates and may be subject to delays or changes due to external factors. In such cases, the customer is not entitled to a price discount. 
  4. The customer will have no rights to possess or use the work until the customer pays the price.
  5. Complaints will only be accepted if provided by email within 5 days after delivery of the work. 

License

  1. Upon completion of all obligations under these GTC have been met including full payment for the work/services, and regardless of the validity of these GTC, MAISON D’IDÉE grants the customer:
    1. (i) an irrevocable exclusive license for any use of the Front-End work or its part created by MAISON D’IDÉE, excluding source code; territorially and materially unlimited; valid for the duration of the MAISON D’IDÉE’s IP rights; and 
    2. (ii) an irrevocable non-exclusive license for any use of the Back-End work or its part (e.g. source code) created by MAISON D’IDÉE; territorially and materially unlimited; valid for the duration of the MAISON D’IDÉE’s IP rights. If the work has been created collaboratively or if any part of it has been created by a third party and MAISON D’IDÉE has only been granted the IP rights (right to use it), then MAISON D’IDÉE grants the customer a sublicense. This sublicense is limited to the extent of the license that has been granted by the third party to MAISON D’IDÉE. In order to ensure transparency, MAISON D’IDÉE will provide the customer with the scope of these rights.
  2. MAISON D’IDÉE does not provide any licensing rights to sketches, as part of the design process covered by the sketch.
  3. The customer is entitled to grant third-party permission to use the work within the scope of the granted license (sublicense) or transfer the rights from the license to an assignee only with the prior written consent of the MAISON D’IDÉE.

Duration and termination of the Agreement

  1. The Agreement is concluded for an indefinite period.
  2. The Agreement can be terminated exclusively by written Agreement; by written notice; or by the withdrawal of MAISON D’IDÉE; under the terms of these GTC.
  3. MAISON D’IDÉE may terminate the agreement if the customer fails to fulfill its obligations under these GTCs or if it engages in any illegal or unethical activities. In such a case, MAISON D’IDÉE‘s right to receive the price remains unaffected.
  4. The notice period for written termination is 1 month from the delivery of the notice.
  5. The withdrawal is effective on the day of its delivery to the customer. The parties do not return to each other what they already provided.
  6. In case of premature termination of the work/services (before its completion), MAISON D’IDÉE will invoice at least half of the total price, plus any costs already incurred.
  7. The termination of the Agreement does not, in any way, affect those agreements which by their nature are supposed to last even after its termination, in particular the right to price for work/services or compensation for damage.

Responsibility

  1. MAISON D’IDÉE will not be held responsible for any loss or damage to materials or products once they have been delivered to the customer beyond 30 days from the delivery of work under this GTC. 
  2. MAISON D’IDÉE will not be liable for any indirect, consequential, or punitive damages arising from the use of their products or services.
  3. MAISON D’IDÉE will not be liable for errors in the text/copy or for the translation of these errors after approval.
  4. All cases of force majeure that render the fulfillment of the agreement impossible discharge MAISON D’IDÉE from any obligation or responsibility. Under no circumstances may force majeure result in compensation.

Confidentiality

  1. In addition to the foregoing limitations, the customer will (i) keep MAISON D’IDÉE’s confidential information strictly confidential, (ii) take all the same steps to protect the confidentiality of MAISON D’IDÉE’s confidential information as it takes to protect its own confidential information, which will in no event be less than reasonable steps, and (iii) not use MAISON D’IDÉE’s confidential information for any purpose other than in accordance with this Agreement and (iv) not disclose MAISON D’IDÉE’s confidential information or the terms or conditions of this Agreement without the prior written approval of the MAISON D’IDÉE (other than to those of the party’s representatives who must know such information in order for the party to perform under the Agreement or enforce its rights hereunder). As used herein, “representatives” means (i) employees of the receiving party; (ii) attorneys, accountants, or other professional business advisors and, additionally, (iii) employees of receiving party affiliates, and (iv) employees of any entity who are directly involved in the performance of obligations under this Agreement. The receiving party will be responsible for any breach of the terms of this Agreement caused by its representatives.

Governing Law

  1. In cases of disputes or exceptional circumstances, customers are encouraged to contact  MAISON D’IDÉE to discuss alternative arrangements.
  2. Any disputes or claims arising from the agreement will be subject to the laws of the Czech Republic.
  3. These GTCs become valid and effective on the day they are delivered to the customer by email separately or as a part of the price quote. 
  4. By entering into a Agreement with MAISON D’IDÉE, the customer confirms that they have carefully read and agreed to all the terms and conditions stated in these GTC.
  5. MAISON D’IDÉE has the right to modify the GTC at its discretion. The GTCs that were in effect at the time of the Agreement’s formation govern the relationship between the parties.
  6. Legal relationships not regulated by these GTC are governed by the applicable legal regulations of the Czech Republic.

MAISON D’IDÉE, in connection with the processing of personal data of persons, acts on behalf of the customer, contact persons of the customer or the customer as a natural person – entrepreneur, his contact persons in the position of operator following Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). According to Art. 13 and 14 GDPR MAISON D’IDÉE has published information on the processing of personal data on cookie. The parties agree that the customer is obliged to provide information on the processing of personal data by the MAISON D’IDÉE following Art. 14 GDPR to all natural persons whose personal data the customer provided to the MAISON D’IDÉE.