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Terms and Conditions
Client Definition In the context of these Terms and Conditions (T&Cs), "The Client" refers to any individual or legal entity using the services of Hato Communication, whether a business, individual, or organization, who has accepted a quote and/or signed a contract to receive consulting services in communication, social media management, community management, or any other related services offered by Hato Communication.
1. Purpose and Acceptance of T&Cs
These terms and conditions apply to all services provided by Hato Communication, a limited liability company (SARL) with SIRET number 93421649000011, located at:
Centre Idem 272
129 avenue de Genève
74000 Annecy
France
Any service begins with the acceptance of a signed quote by the client, which constitutes acceptance of these T&Cs.
2. Order and Deposit
A deposit of 30% of the total amount is required upon ordering. The service will only commence upon receipt of this deposit. The balance is due within 30 days following the issuance of the final invoice.
4. Payment Terms and Late Payment Penalties
Payments are to be made by bank transfer or direct debit. In the event of late payment, penalties will be applied based on the legal interest rate in effect, with a minimum fixed fee of €40 for recovery costs. Hato Communication reserves the right to suspend the ongoing service until full payment is received.
5. Copyright and Intellectual Property
Hato Communication retains full copyright on the creations (visuals, texts, videos) made for the client until full payment for the service is received. Once payment is made, the rights to reproduce and use the work are transferred to the client, according to the terms defined in the quote.
6. Client Responsibility
The client agrees to provide all necessary documents, information, and approvals in a timely manner. Hato Communication cannot be held responsible for any delays or additional costs arising from late provision of these elements or late approvals.
7. Limitation of Liability
Hato Communication cannot be held liable for indirect damages, including loss of revenue, data loss, or harm to the client's brand image. In cases of force majeure (technical failures, service interruptions, natural disasters), Hato Communication reserves the right to temporarily suspend its services without compensation.
8. Acceptance of Deliverables and Revisions
The client has 10 working days to approve the deliverables or request up to 2 sets of modifications. After this period, the deliverables are considered accepted without reservation. Any additional modification requests will be charged at current rates.
9. Specific Conditions for Recurring Monthly Services
Monthly services are billed at the end of each month and are due within 30 days. In case of termination of these services, a one-month notice period is required. Modifications to the terms of the contract must be agreed upon in writing.
10. Subcontracting
Hato Communication reserves the right to subcontract all or part of the services. However, Hato Communication remains responsible for the quality of deliverables and adherence to the agreed timelines with the client.
11. Force Majeure
Hato Communication will not be held liable for delays or non-performance of services due to force majeure events. Force majeure events include unforeseen and uncontrollable circumstances such as strikes, natural disasters, major IT failures, or other events that make the performance of obligations impossible.
12. Non-Solicitation of Personnel
The client agrees not to solicit, recruit, or employ directly or indirectly any employee or subcontractor of Hato Communication during the service period and for a period of one year after the contract's end. In case of non-compliance, a lump-sum fee equivalent to 6 months of the gross salary of the concerned employee will be due.
13. Legal Compliance
The client agrees to provide content that complies with applicable legislation, particularly regarding personal data protection, intellectual property, and the rights of third parties. Hato Communication reserves the right to refuse any request for the distribution of content that does not comply with these rules.
14. Early Termination for Serious Breach
In the case of a serious breach of obligations by either party (payment delay, non-compliance with commitments), the contract may be terminated by the other party after a 15-day notice period. Termination will take effect immediately, and all amounts due will become payable without delay.
15. Ethics and Inappropriate Content
Hato Communication reserves the right to refuse any request for creating or distributing content deemed offensive, illegal, discriminatory, or contrary to public morals. The client guarantees that the content provided complies with these criteria.
16. Order Cancellation
If the client cancels the order after the project has started, Hato Communication reserves the right to charge a fee of 30% of the total quote for work already undertaken, in addition to the deposit paid.
17. Confidentiality
Hato Communication agrees to maintain the confidentiality of any information exchanged with the client in the course of providing the services. The data provided by the client will not be disclosed or used for any purpose other than those defined in the contract.
18. Duration, Termination, and Disputes
The duration of the contract is defined in the quote. It may be terminated by either party in the case of a serious breach, after a 30-day notice period. In case of a dispute, an amicable solution will be sought before any legal action. Any unresolved dispute will be submitted to the competent courts of Hato Communication's registered office.
19. Modification of T&Cs
Hato Communication reserves the right to modify these terms and conditions at any time. The new T&Cs will apply to any new orders placed after their update.
These terms and conditions are effective from November 11, 2024.