As part of the commercial activity of audiovisual services for digital medias.
Article 1 – Purpose
The company Sharing Productions single-member limited liability company whose registered office is located at 9 rue Van Loo 13100 Aix-en-provence, registered in the Aix-en-Provence Trade and Companies Register under number 892 081 837, provides strategic consulting services, audiovisual productions and communication elements for the web to amateur and professional customers.
These general conditions of sale are applicable to all services provided by the Company to the Customer and detail the rights and obligations of each. The order by the Customer of a service from the Company implies and entails the Customer’s unreserved acceptance of these general conditions of sale. They will prevail over any previous conditions of sale as well as any clause and condition of purchase that the Customer may practice.
Only the special conditions that may have been agreed between the Company and the Customer may derogate from it.
Article 2 – Price
For any request, the Company creates a quotation including a price scale. The prices indicated are firm and non-revisable after the signature of this price scale proposal. They are subject to change before signing and a new price scale will be indicated up by the Company if necessary. All prices are in euros and excluding taxes to which is added VAT at the standard rate at the time the service is billed. The prices of the services offered by the Company are those in force on the day of the order taken by the Customer and which appear in the price scale.
Any service not included in the initial price scale will be the subject of an additional price scale. The price scale is considered validated upon receipt by the Company of the document dated and signed by the Customer. It is expressly agreed that the sending of the signed price scale is worth on the part of the Customer acceptance and unreserved agreement of the terms of the price scale, the prices indicated and these general conditions of sale.
The accepted price scale is firm and non-revisable.
Article 3 – Terms of payment
Payment deadline: invoices issued by the Company are payable by the Customer, upon receipt of invoice, in cash, net of discount. The payment of the Company’s invoices by the Customer is made exclusively in euros, either by bank transfer or by bank draft payable to SHARING PRODUCTIONS.
Any delay in payment will automatically give rise to late payment penalties calculated according to the legal rules in force. The rate of late payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 5 points. This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price scale without any prior formal notice being necessary. In addition to the late payment compensation, any sum not paid on its due date will automatically entail the payment of a lump sum compensation of 40 euros due for recovery costs in accordance with Article D. 441-5 of the Commercial Code, without prejudice to the possible compensation, under the conditions of ordinary law, for any other damage resulting directly from this delay.
Article 4 – Termination clause
If within fifteen days following the implementation of the article “Terms of payment”, the Customer has not paid the remaining sums due, the Company will be entitled to terminate its services notwithstanding the right to claim compensation for the damage suffered.
Article 5 – Intellectual property and copyrights
The original elements created by the Company for the Client are protected by intellectual property law.
The Company declares to have ensured that it has all the rights relating to the elements used in the context of the services ordered by the Customer. The Customer declares, for his part, to have ensured that he has all the rights relating to the elements that he may be required to make available to the Company. Otherwise, each party will guarantee the other and bear all the consequences that may arise and will guarantee the other party against any resort. Consequently, the defaulting party will bear all damages to which the other party would be condemned for an act of counterfeiting, unfair competition, parasitism or infringement of the right to the image of goods and persons, as well as all costs and fees of all kinds incurred by the latter to ensure its defense if necessary.
All services ordered by the Customer remain the full and exclusive property of the Company as long as the invoices issued by the Company are not paid in full by the Customer.
In return for the payment of all the sums due, the Company assigns to the Customer its economic copyright rights on the creations he has made for him, only for the purpose and destination that will have been agreed when signing the quote and thus identified in the quote. Any adaptation or exploitation for another purpose or destination is prohibited without the prior and express authorization of the Company.The intellectual property rights on the preliminary projects, models, proposals, working files, rushes (shooting material) and original graphic creations that the Company may have developed as part of the project or talks are not transferred to the Client and remain the exclusive property of the Company, whether the deal is concluded or not. Only the rights relating to the services identified in the quotation, ordered and paid for by the Customer are assigned.
The rights thus assigned include the right of reproduction and representation.
The right to reproduce includes the direct or indirect reproduction, by any known or unknown technical process, current or future, on any medium and on any private or open telecommunication network, national or international (in particular internet, extranet, intranet), of all or part of the creations made by the Company as part of the services ordered by the Customer. The right of representation corresponds to the right to represent, make accessible, broadcast or communicate to the public, directly or indirectly, all or part of the creations, by any known or unknown means, current or future, for any use and this in unlimited number. The Company assigns the reproduction and representation rights to the Customer, who has the possibility to exploit them for commercial, advertising and promotional purposes. The handover of economic rights is concluded for the French territory and for the entire duration of the copyright related to the creations recognized by French law. Unless previously agreement in writing between the Parties, the name of the Company will appear at the end of the creation made for the Client.
Article 6 – Liability
The information provided by the Customer commits the latter: in the event of error or imprecision, the Company cannot be held responsible and any additional cost that may result will be paid by the Customer.
The obligations charged to the Company are obligations of means.
The Company can in no way be held responsible for the success or commercial failure of the projects it has developed for the Client and its financial consequences for the Client, the latter refusing to make the subsequent payment of the Company’s services subject to the commercial success of its project.
Article 7 – Right of publicity
Unless explicitly stated otherwise by the Customer, the Company reserves the right to mention its product for the Customer as a reference. The Company also reserves the right to re-exploit, adapt and modify all or part of the videos and visuals made for the Customer, as part of its commercial prospecting and external communication in accordance with the practices of the communication professions and in strict compliance with the Customer’s rights on his image, its brand and the image of its members.
Article 8 – Duration
The contract that binds the Customer to the Company is concluded for the duration provided for in the quote. This period is firm and is not tacitly renewable.
The Customer undertakes to make his best efforts to provide, at the express request of the Company, the information in his possession participating in the proper performance of the services, as well as all the elements likely to modify their schedule of realization. Failing this and in the event of no return on the part of the Customer for one (1) month (30 working days) following the Company’s request by registered mail with acknowledgment of receipt, the latter reserves the right to terminate the service contract and to invoice the Customer with regard to the due diligence carried out and this without prejudice to the possible compensation of any other damage resulting directly from the Customer’s behavior.
In the event of material and/or technical impossibility to provide the service, the Company and the Customer will do their utmost to inform the other party as soon as possible, so that the date of performance of the service can be postponed to a later date, in the best possible conditions.
However, if the postponement is impossible because of the Customer, the paid deposit will remain acquired by the Company and this without prejudice to the possible compensation of any other damage resulting directly from the fact of the Customer, the Company also reserving the right to invoice the Customer with regard to the diligence accomplished. In the event that the cancellation comes from the Company, the latter must repay the deposit incurred by the Customer. The parties further agree that in the event of bad weather conditions with regard to the project envisaged, any postponement of the Company’s service at the request of the Customer must be the subject of an amendment. In the event of breakage of equipment during filming, the Company undertakes to reschedule at its own expense and as soon as possible, the shooting, the Customer renouncing any claim as a result.
Article 9 – Restitution
At the end of the service or in the event of early termination, the Company undertakes to return to the Client any working documents provided during the service as well as the elements carried out. The Company undertakes to keep a technical support of the project for a period of one (1) year from the delivery at the end of which the Customer can no longer request a copy and subject to cases of force majeure as defined in these general conditions of sale.
Article 10 – Personal data
10.1 – Status of data controller
When the Company processes the personal data of its customers and determines the purposes and means of the processing of this data, it has the status of data controller in application of the regulations in force.
In this capacity, it informs the Customer that the personal information it collects by means of the quote (surname, first name, date of birth, address, phone number, e-mail address, bank details …) are registered in its customer file and mainly used for the proper management of relations with the Customer and the processing of orders.
The quote indicates by an asterisk the information whose collection is essential for the proper execution of the Customer’s order.The personal information collected will be kept for as long as necessary to process the Customer’s order unless:
A longer retention period is permitted or required by a legal or regulatory provision;
The customer has exercised, under the conditions set out below, one of the rights granted to him by law.
Access to personal data is strictly limited to employees and servants of the Company, authorized to process them due to their functions.
The information collected may possibly be communicated to third parties linked to the Company by contract for the execution of subcontracted tasks necessary for the management of the order, without the customer’s authorization being necessary.
It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Company undertakes not to sell, rent, give away or give access to third parties to the data without the Prior Consent of the Customer, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).
Some of the recipients of the personal data collected are located outside the European Union. The following guarantees have been taken to ensure a sufficient level of protection of personal data:
The country of the addressees offers an adequate level of protection by decision of the European Commission: New Zealand, Argentina, Switzerland, Israel or Canada.
The recipient(s) adhere to the privacy shield principles;
The transfer is supervised, in accordance with the requirements of European Regulation No. 2016/679/EU of 27 April 2016, by (choose from the following possibilities):
standard protection clauses adopted by the European Commission;
standard protection clauses adopted by the CNIL;
binding corporate rules validated by the CNIL
a code of conduct approved by the CNIL;
a certification issued by an approved certification body.
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the Customer has the right to access, rectify, movie and erase his data or to limit processing. He may also, for legitimate reasons, be opposed to the process of data concerning him.
The Customer may, subject to the production of a valid proof of identity, exercise his rights by contacting Frédéric BONGRAIN, Manager of Sharing Productions at the address firstname.lastname@example.org. In the event that the Customer does not wish to receive promotional messages and invitations via e-mails, SMS messages, telephone calls and
e-mails, he has the possibility to indicate his choice when finalizing his order, to modify his choice by contacting the Company under the conditions mentioned above or by using the unsubscribe links provided for in the messages. For any additional information or complaint, the Customer may contact the Commission Nationale de l’Informatique et des Libertés (more information on www.cnil.fr). »
10.2 – Quality of subcontractor
When the Company processes personal data on behalf of, on the instructions and under the authority of the Customer, it has the status of subcontractor and the Customer has the quality of controller, within the meaning of the regulations in force.
As such, the Company undertakes to process the data for the sole purpose that is the subject of the subcontracting, in accordance with the documented instructions of the Customer, responsible for processing. If the Company considers that an instruction constitutes a violation of the regulations relating to data protection, it shall immediately inform the Customer.
The Company also undertakes to guarantee the confidentiality of the personal data processed within the framework of the subcontracting agreed with the Customer and to take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.
If necessary, the Company will inform the Customer, in advance and in writing, of the intervention of a sub-processor to carry out specific processing activities. The Customer has a period of five (5) days from the date of receipt of this information to present his objections. In the absence of a reaction on its part within this period, the subsequent contract may be carried out without reservation.
Regarding the right of data subjects to information,
It is the responsibility of the Customer, responsible for processing, to provide the information to the persons concerned by the processing operations at the time of data collection by the Company.
As far as possible, the Company will assist the Customer in fulfilling its obligation to comply with requests to exercise the rights of data subjects: right of access, rectification, erasure and opposition, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
When the persons concerned exercise requests with the Company to exercise their rights, the Company must send these requests upon receipt to the Customer, by e-mail to the email address communicated to him.
The Company undertakes to notify the Customer of any personal data breach within a maximum period of 24 hours after becoming aware of it and by e-mail to the address communicated to it. This notification is accompanied by any useful documentation in order to allow the Customer, the controller, if necessary, to notify this violation to the competent supervisory authority.
If necessary, the Company will assist the Client in carrying out data protection impact assessments as well as in carrying out prior consultation with the supervisory authority.
At the end of the provision of services relating to the processing of this data, the Company undertakes to: At the choice of the parties:
destroy all personal data
or to return all personal data to the Customer, the controller
or to return the personal data to the subcontractor designated by the Customer, it being specified that the Company will destroy all existing copies in its information systems.
The Company will communicate to the Customer the name and contact details of its data protection officer, if he has designated one in accordance with the regulations in force.
The Company declares to keep in writing a record of all categories of processing activities carried out on behalf of the Client including:
the name and contact details of the Customer, the controller on whose behalf he acts, any subcontractors and, where applicable, the data protection officer;
the categories of processing carried out on behalf of the Customer;
where applicable, transfers of personal data to a third country or to an international organisation, including the identification of that third country or international organisation
as far as possible, a general description of the technical and organisational security measures put in place.
The Company shall make available to the Client the documentation necessary to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the Client or another auditor appointed by the Client, and to contribute to such audits.
The Customer, responsible for processing, undertakes to:
provide the Company with the data necessary to provide the agreed service
document in writing any instructions regarding data processing by the Company
ensure, beforehand and throughout the duration of the treatment, compliance with the obligations provided for by the regulations in force on the part of the Company
supervise processing, including conducting audits and inspections with the Company.
Article 11 – Force majeure
The Company’s liability cannot be implemented if the non-performance or delay in the performance of any of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of the Civil Code.
Article 12 – Jurisdiction
Any dispute concerning the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the Court of the defendant will have sole jurisdiction for any dispute relating to the interpretation and execution of a contract and its consequences.
© Sharing Productions 2021 – All rights reserved.