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TERMS AND CONDITIONS
TERMS OF SALES
PREAMBLE
The company INNOCENT PRODUCTIONS, SAS with a capital of € 5,000, hereinafter referred to as “INNOCENT PRODUCTIONS”, registered in the Paris Trade and Companies Register under number 879 166 585 000 15 and whose head office is located at 111, Avenue Victor Hugo 75116 Paris is an audiovisual production company. These General Conditions of Sale or "GTC" apply to all consulting, creation and communication services provided by INNOCENT PRODUCTIONS. Ordering a service implies full and unreserved acceptance by the customer of these General Terms and Conditions of Sale.
DEFINITIONS
Is called INNOCENT PRODUCTIONS or AGENCY, SAS INNOCENT PRODUCTIONS.
The CUSTOMER is the natural or legal person signing the order form, the quote or having notified his order in writing.
Is called Specifications, the list of work requested from INNOCENT PRODUCTIONS by the CUSTOMER upstream of any work carried out.
Is called Services, all the services made available to the CUSTOMER by the AGENCY, namely: Studies and advice
Audiovisual production and production
Graphic design and production, models and digital production
And in general, all services requested by the client having been the subject of a formal proposal from the AGENCY. "
Article 1. Acceptance and access to the General Conditions of Sale
These General Conditions are available on www.innocentproductions.com. Consequently, the CUSTOMER who contacts the AGENCY is deemed to have read and accepted these general conditions of sale. The quotes include the agency's web address for viewing the general conditions of sale.
The general conditions of sale constitute the legal basis of all our production contracts.
They defeat all clauses to the contrary, whether printed or not, proposed by the CUSTOMER or taken as a basis for drafting his order and rules established without any reservation or guarantee other than those stipulated above. "
Article 2. Order taking
Orders will only be taken into account upon return of the “order form” or estimate and the corresponding specifications, dated, signed and respectively preceded by the words “Good for Agreement” and, or “read and approved” by the CUSTOMER, the signatures resulting in the acceptance of the terms of the estimate and validation of the specifications.
All raw materials and documents entrusted by the CUSTOMER as well as the work and services carried out by INNOCENT PRODUCTIONS constitute a pledge allocated to payment. In any event, these elements may be subject to retention or suspension in the event of non-compliance with an obligation of the CUSTOMER. The benefit of the order is personal to the CUSTOMER and cannot be transferred to a third party without the authorization of INNOCENT PRODUCTIONS. "
Article 3. Modification of the order
Any modification of an order must be made in the same forms as the initial order. Any cancellation of the order renders the deposit attached to INNOCENT PRODUCTIONS acquired without prejudice to any additional compensation that the agency could claim in court as a result of this cancellation. "
Article 4. Subcontracting
INNOCENT PRODUCTIONS is authorized, without written instructions to the contrary from the client, to subcontract all or part of the work ordered by the client. "
Article 5. Price
The sale price is expressed in euros excluding taxes (20% VAT on services excluding directly linked to the creation of a book where VAT is 5.5%). The prices and deadlines are valid for one month from the date of issue of the quote. They are firm and cannot be revised upon ordering if it occurs during this month. The service includes everything that is explicitly listed. Any service not included in the proposal will be the subject of a free additional estimate. The corrections requested by the customer are not unlimited, only those included in the order form will be made, any additional correction will be subject to additional invoicing. "
Article 6. Payment of benefits
Payment term: 30 days from date of invoice.
In the absence of payment on the due date, INNOCENT PRODUCTIONS reserves the right to give the buyer formal notice to pay the amount invoiced and to apply in addition the legal interest rate in force. Any amount not paid on time, any late payment, or any unpaid (in
case of return by the bank of payment vouchers for unpaid) of a sum due by the CUSTOMER will result in the immediate suspension of services, pending the regularization of the situation. This suspension cannot constitute a cause of liability for INNOCENT PRODUCTIONS.
The company INNOCENT PRODUCTIONS reserves all intellectual and property rights over its production until full payment of invoices. The payment will be made within reason of the price ; the delivery of a draft or any other document creating an obligation to pay does not constitute a discharge payment. Otherwise, all documents must be returned to the company without delay or will be deleted from public or private servers connected to the Internet.
In the event that the delay in payment exceeds two months, INNOCENT PRODUCTIONS reserves the right to initiate legal proceedings. The CUSTOMER may not request compensation from INNOCENT PRODUCTIONS due to the suspension of its services following a payment incident. "
Article 7. Retention of title
The company remains the owner of the goods delivered from the day of delivery until full payment of the full sale price, the risks of the goods nevertheless incumbent on the recipient, as soon as they are made available.
Does not constitute payments, the delivery of drafts or any securities creating an obligation to pay.
Consequently, in the event of non-payment, the company is entitled to carry out or have the goods collected at the expense of the recipient.
This clause is an integral part of our general conditions of sale. "
Article 8. Case of unsuccessful proposals
The quotes from the company INNOCENT PRODUCTIONS are free, the projects presented must imperatively be returned to us in their entirety (digital and paper documents) if they are not retained and remain the property of the company INNOCENT PRODUCTIONS.
Article 9. Confidentiality
INNOCENT PRODUCTIONS undertakes for the duration of the execution of the order, as defined by the order form or the signed estimate, not to disclose any information of a confidential nature which would have been communicated to it by the CUSTOMER. "
Article 10. Intellectual property
THE CUSTOMER remains the sole owner of his copyright except when creating INNOCENT PRODUCTIONS resulting from his services. The use of creations and services is carried out in accordance with the provisions of the order placed and the legal and regulatory provisions in force at the time of signing the contract. Any use of the creation, not provided for in this contract, must be subject to prior express authorization and remuneration to be agreed.
Regarding the rights of third parties (copyright, neighboring rights), these rights are negotiated by INNOCENT PRODUCTIONS in agreement with the CLIENT according to the requirements of the services provided, and invoiced to the latter.
The CUSTOMER guarantees that any document communicated to INNOCENT PRODUCTIONS by him, his auxiliaries and / or his representatives is free of any copyright, belonging to a third party, which would prevent the performance of the services promised by INNOCENT PRODUCTIONS.
The CUSTOMER irrevocably undertakes to pay, in his capacity as guarantor, all damages that may be claimed from INNOCENT PRODUCTIONS, for the violation of the copyright of a third party, due to the performance of the services or services accepted by the customer.
The CUSTOMER expressly authorizes INNOCENT PRODUCTIONS to rework, retouch and modify all documents provided by the CUSTOMER, as well as to make reproductions for the purposes of executing the order. The CUSTOMER undertakes to indicate to INNOCENT PRODUCTIONS, as soon as they are observed, any violation of the aforementioned copyright. "
Article 11. Archiving
Unless agreed in writing, INNOCENT PRODUCTIONS is not required to keep working documents, whatever the medium (in particular, data, negatives, models, texts, translation, films, compositions, proofs and material used for the performance work).
For technical security reasons, this release does not take effect until 10 days after delivery of the goods.
In the event of an agreement as to storage, the costs of archiving, further processing, formatting and editing will be borne by the CUSTOMER. However, due to the fragility of certain documents, for example negatives, INNOCENT PRODUCTIONS cannot be held responsible for any damage to which they may be victims. "
Article 12. References
The CUSTOMER expressly authorizes INNOCENT PRODUCTIONS to use its name and the products or services developed on its behalf for commercial purposes. "
Article 13. Liability of the Client
The CUSTOMER will make available to INNOCENT PRODUCTIONS, on a confidential basis, all the elements that it will be possible for him to provide to the latter and which are necessary for the knowledge of the products and services covered by the order and that of their markets. . The CUSTOMER guarantees INNOCENT PRODUCTIONS against all the consequences of an action that finds its source in the information provided by him on its products or services. It is therefore responsible for the information that it transmits to INNOCENT PRODUCTIONS relating in particular to the name, composition, qualities, performance of the product or service that is the subject of the order. He is also responsible for compliance with legislation specific to his activity. Consequently, INNOCENT PRODUCTIONS cannot under any circumstances be held responsible for the projects that it has submitted to the CLIENT and on which it has obtained its agreement, in particular in the event of a liability action.
The responsibility of INNOCENT PRODUCTIONS can not be engaged once the validation has been given by the CLIENT, by email or on paper.
The CLIENT guarantees INNOCENT PRODUCTIONS and will replace it in the event of legal action and / or conviction that the latter would have to bear due to the CLIENT's failure to comply with these various reporting obligations and this notwithstanding the repair of the entire harm to INNOCENT PRODUCTIONS. "
Article 14. Responsibility of the INNOCENT PRODUCTIONS agency
INNOCENT PRODUCTIONS must not fail in its obligation to advise. INNOCENT PRODUCTIONS ensures that it complies with advertising regulations in the context of the campaigns and media it designs for the CUSTOMER. INNOCENT PRODUCTIONS cannot be held responsible for any decision taken by the CLIENT or any third party designated by him.
INNOCENT PRODUCTIONS undertakes to perform the obligations for which it is responsible with all the care in use in its profession and to comply with the rules of the art in force.
The CUSTOMER can only seek the responsibility of INNOCENT PRODUCTIONS by proving faulty behavior, it being understood that this responsibility is expressly limited to foreseeable and direct damage and cannot exceed the total cost of the service which is at the origin of the damage. caused.
The action for reparation must be initiated within 15 days of the damaging event. The responsibility of INNOCENT PRODUCTIONS cannot be sought in the event of force majeure. "
Article 15. Force Majeure
The CUSTOMER cannot engage the responsibility of INNOCENT PRODUCTIONS or terminate its commitment in the event of a case of force majeure.
A case of force majeure is understood to mean any event making either impossible or manifestly more difficult the performance of an obligation due to the unforeseeable or irresistible or external nature of this event, these three criteria being alternative such as strikes, breaches of supply of energy, blocking of telecommunications and computer networks (including the connected networks of telecommunications operators), breaking of the dedicated link, ... "
Article 16. Tolerance and Completeness
The fact that one of the parties has not required the application of all or part of the commitments provided for in these conditions, whether permanently or temporarily, cannot constitute a modification of the said conditions or establish any right whatsoever over the said conditions. 'other.
If one or any of the stipulations of these conditions were recognized as void under a rule of law, a law in force or a court decision, it would be deemed unwritten and would not result in the nullity of the contract."
Article 17. Applicable law and attribution of jurisdiction
The present contract is regulated by French law. The parties will seek, prior to any contentious procedure, an amicable solution to any disputes that may arise.
In the absence of an amicable solution, any dispute arising from the execution or breach of this contract will be subject to the sole jurisdiction of the courts of Paris.
This clause applies even in the event of summary proceedings, incidental demand or multiple defendants and regardless of the mode and terms of payment. "