**General Terms and Conditions of Sale (GTCS) of Monarch Agency**
**Article 1 – Purpose**
These General Terms and Conditions of Sale (GTCS) outline the terms under which **Monarch Agency**, an individual enterprise led by **Zniber Ray**, offers digital marketing, advertising, and content creation services. They apply to all services provided by Monarch Agency, including the **Hatchling, Caterpillar, Chrysalis, Monarch** packs, and any other customized offers.
**Article 2 – Acceptance of the GTCS**
Any subscription to a service or pack from Monarch Agency implies the unconditional acceptance of these GTCS. The client acknowledges having read them prior to signing the contract or confirming an order.
**Article 3 – Acceptance of the GTCS**
Monarch Agency offers various digital marketing services, including website creation, advertising campaign management, SEO, branding, and digital strategy. Specific details of the services are described in the quotes or contracts provided to the client.
**Article 4 – Duration and Payment of Services**
Services offered by Monarch Agency are either one-time or based on a subscription model, typically for a duration of 12 months, unless otherwise specified in a specific contract. Payment for services is made on a monthly subscription basis with no hidden fees, spread over 12 months.
– **Total Amount Due:** The total amount of the service corresponds to the full amount due for 12 months, divided into monthly payments. The client is liable for this amount even in the event of early cancellation, subject to the conditions specified in Article 5.
– **Payment Terms:** Payments are made monthly unless the client opts for a single payment for the entire service. Payment is made by bank transfer or other means accepted by Monarch Agency.
– **Article 1223 of the French Civil Code:** Monarch Agency reserves the right to reduce or cancel services in case of non-payment by the client within 30 days following the invoice due date.
**Article 5 – Termination and Payment Obligations**
The client may terminate their subscription at any time; however, the total amount for the service remains due. Termination does not cancel the obligation to pay for the remaining months. The client must pay all amounts within 30 days following termination.
– **In the event of non-payment within this period, Monarch Agency may initiate recovery procedures**, including judicial means.
– **Article L441-10 of the French Commercial Code:** Any delay in payment will incur penalties calculated based on the legal interest rate in force, increased by 10 percentage points.
**Article 6 – Personalized Follow-Up and Commitment to Success**
Monarch Agency is committed to providing personalized follow-up throughout the service to optimize the results of each campaign and ensure the success of the client’s projects. We aim to establish a long-term relationship based on collaboration and trust.
– **Proactivity:** Monarch Agency will regularly contact the client to monitor project progress and suggest adjustments or improvements if necessary.
– **Constructive Communication:** The client agrees to provide all necessary information for the proper execution of the service and to be available for meetings or follow-ups at regular intervals.
This clause emphasizes our commitment while specifying that follow-up is limited to the terms of the contract and should not be interpreted as permanent availability.
**Article 7 – Shared Responsibility and Adjustments**
Monarch Agency strives to achieve the objectives defined with the client. However, the success of projects relies on active collaboration between both parties.
– **Mutual Commitment:** The client agrees to provide accurate information, validate key stages on time, and participate in strategic decisions.
– **Adjustments During the Project:** If the client’s or market’s needs evolve, Monarch Agency may propose strategic adjustments to maximize results. These adjustments will be discussed with the client, and, if accepted, may lead to a revision of deadlines or costs.
This clause ensures balanced collaboration and allows for adjustments while preserving the rights and responsibilities of both parties.
**Article 8 – Responsibility and Limits**
Monarch Agency is committed to providing services in accordance with the contract and the client’s needs as defined upon subscription. However, Monarch Agency cannot be held responsible for commercial results or advertising impacts of the campaigns carried out, as these depend on numerous external factors.
– **Article 1231-1 of the French Civil Code:** In case of breach of contractual obligations, Monarch Agency can only be held liable for direct damages, not for lost profits, loss of business, or other indirect damages.
**Article 9 – Protection Against Abuse Related to Follow-Up**
Monarch Agency provides personalized follow-up within the limits defined by the contract.
– **Limits of Availability:** The follow-up included in each pack is limited to the agreed regular checkpoints. Any request for additional follow-up or support may incur a specific charge, outside the contractual scope.
– **Respect for Deadlines:** The client is encouraged to submit requests within reasonable timeframes. Outside of office hours or in case of workload surges, Monarch Agency reserves the right to delay responses to certain requests. This clause protects against potential abuse of excessive requests.
**Article 10 – Termination for Abuse or Lack of Collaboration**
Monarch Agency reserves the right to terminate a contract if the client’s behavior hinders the proper execution of services or if they fail to meet their collaborative obligations.
– **Lack of Collaboration:** If the client does not provide requested information, does not respond to Monarch Agency’s repeated communications, or refuses to validate essential stages, Monarch Agency may terminate the contract after an unsuccessful formal notice.
– **Abuse of Follow-Up:** In the event of clear abuse in follow-up or availability requests, Monarch Agency also reserves the right to suspend or terminate the contract.
This protection allows for ending unproductive relationships while maintaining a respectful collaborative framework.
**Article 11 – Post-Contract Follow-Up Services**
To ensure continuity of results after the end of the service, Monarch Agency offers post-contract follow-up services at an agreed-upon rate. These services include:
– Performance monitoring of campaigns after service delivery.
– Maintenance and updates of created websites.
– Strategic advice to adjust campaigns as the market or client’s needs evolve.
This clause supports a long-term relationship by offering additional services after the initial contract ends.
**Article 12 – Intellectual Property**
All elements created by Monarch Agency (websites, logos, visuals, etc.) remain the intellectual property of Monarch Agency until full payment of services is received. Upon receipt of the full payment, these elements will be transferred to the client.
– **Article L111-1 of the French Intellectual Property Code:** Monarch Agency retains copyright on its creations until transfer.
**Article 13 – Right of Withdrawal**
In accordance with **Article L221-18 of the French Consumer Code**, the client has a 14-day period from the subscription of a service to exercise their right of withdrawal, provided that the execution of the services has not commenced. The client must notify their intention in writing via Monarch Agency’s email address.
**Article 14 – Protection of Personal Data**
Monarch Agency is committed to complying with current legislation related to the protection of personal data, including the **General Data Protection Regulation (GDPR)**. Information collected from clients is confidential and used solely within the framework of the commercial relationship.
**Article 15 – Dispute Resolution**
In the event of a dispute between the client and Monarch Agency, the parties agree to attempt to resolve the dispute amicably before resorting to competent courts. If no amicable agreement is reached, the dispute will be brought before the competent court in Toulouse, where Monarch Agency is based.
Contact Us
If you have any questions about these Terms of Use, please contact us at
contact@monarchagency.co or contact@monarchagency.fr
Last Updated: May 31, 2024
