1. Subject
The present general conditions of sale (hereafter ‘GCS’) have for object, on the one hand, to inform any customer on the conditions and methods in which "Of Art Studio" proceeds at the time of the quotation, the realization and the delivery of the services and/or ordered products and, on the other hand, to define the rights and obligations of the parts. The GCS apply without restriction or reservation to all services and products offered, in France and abroad, and are systematically brought to the attention of the customer when the quotation or order form is signed. Consequently, the acceptance of a quotation or order form by any individual or legal entity implies full and unreserved acceptance of these GSC. These general terms and conditions of sale take precedence over all other terms and conditions appearing in any other document, unless expressly waived beforehand in writing. The present general conditions can be modified at any time and without notice by "Of Art Studio", the modifications being then applicable to all orders subsequent to this modification.
2. Services
The service includes everything explicitly listed in the "Type of service" field. As a corollary, it does not include anything that is not explained in this same field.
3. Conditions for cancellation of a service by the customer
If the customer wishes to cancel an order for a service, this must be done at least 15 days before the start of the service, by registered letter with acknowledgement of receipt. The deposit paid on signing the quotation or order form is non-refundable, and if the 15-day period is not respected, the customer must pay for the service in full, in accordance with the signed quotation or order form.
4. Payment
Unless an additional payment period is agreed between the two parties and indicated on the invoice, payment must be made no later than "30 days end of month" according to the invoice date (C. Com. art. L. 441-6, al. 2 amended by the law of 15 May 2001). Any delay in payment may give rise to late payment penalties payable without reminder, at the rate of 10% of the total invoice per month of delay (fight against late payment/article 53 of the NRE law), as well as a fixed penalty of €40 (C. Com. art. D441-5). Payment by bank transfer or cheque made payable to ‘Of Art Studio’. No discount for early payment.
5. Intellectual property rights
In accordance with the CPI (articles L. 121-1 to L. 121-9), only the economic rights explicitly set out in the conditions of assignment will be transferred to the customer for the work described, to the exclusion of all others and within the limits also set out therein. It should be noted that the moral rights of a creation (including, among other things, the right to respect for the work and the right to respect for the name) remain perpetually and inalienably attached to its author. Any representation or reproduction in whole or in part made without the consent of the author or his successors in title is unlawful and punishable under the laws relating to the offence of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever (art. L. 122-4 of the CPI).
6. Transfer of ownership
The totality of the production and the rights relating to it, object of the present order, remains the whole and exclusive property of "Of Art Studio" and its subcontractors if necessary, as long as the invoices emitted by "Of Art Studio" are not paid in totality by the customer company, up to the total amount of the order and the possible amendments concluded in the course of service. In a corollary way, the customer company will become owner of fact of the transferred rights as from the final payment and balancing all the invoices emitted by ‘Of Art Studio’ within the framework of the order.
7. Delivery of source files
Any delivery of sources or work files relating to this order will only be made if necessary for the strict exploitation of the work as set out in the conditions of assignment or in a subsequent amendment.
8. Advertising
"Of Art Studio" reserves the right to mention its work for the client company as a reference and to quote textual or iconographic extracts from the works concerned within the strict framework of its commercial prospecting, external communication and advertising activities. Any reservation to "Of Art Studio's" right of publicity must be notified and negotiated before the quotation is signed and mentioned on the invoice. "Of Art Studio" and the customer mutually undertake to keep confidential all sensitive information mentioned as such within the framework of the contract and its execution. The customer authorizes to the signature of the estimate or the purchase order "Of Art Studio" to use in reference the name of the customer on any support of communication existing or to come from "Of Art Studio".
9. Operating liability
The customer assumes full and whole responsibility for the choices carried out as regards textual contents and iconographic appearing in the realization delivered by "Of Art Studio", just like of the exploitation which will be made of it, and in particular of the conformity of this last with the regulations in force. It also ensures to be owner of the rights necessary to the exploitation of all the creative elements textual and iconographic provided by it to "Of Art Studio" within the framework of its mission, and guarantees "Of Art Studio" against any complaint third relating to the violation of the rights of these elements.
10. Terms and conditions of performance
The customer undertakes to provide the data and information that the service provider deems useful for the performance of the contract within the deadlines and under the conditions stipulated. ‘Of Art Studio’ undertakes to provide the customer with a range of technical skills in video and photo shooting, artistic services and aerial techniques, computer processing, photography, computer graphics and video editing. The services are carried out by staff employed or subcontracted by "Of Art Studio" and the manager(s) determine(s) the composition of the team according to requirements, organise(s) the distribution of tasks and provides supervision.
10.1 In the case of air services
The remote pilot is the sole judge of the feasibility of the service. If for meteorological reasons (strong wind, precipitation, fog, aeronautical night schedules, etc.), environmental reasons (obstacles, natural or otherwise) or for any other safety reason (presence of third parties, animals, etc.) the service is deemed not to be feasible, the customer may not object to it under any circumstances. "Of Art Studio" only has an obligation of means for the performance of its services. If the conditions are not met to carry out the service within the framework of the legislation in force, the parties will have to agree on a new date taking into account the possible delays and additional expenses due to new requests for authorisations from the civil aviation services, prefectural declarations, time spent and inherent travel. If the customer so wishes, he or she may be in the vicinity of the remote pilot during the service. In this case, they will have to fill in a document provided by the operator, and the customer will be under the control of the remote pilot in order to comply with safety regulations. If, for specific requirements, actors or extras need to be at a horizontal distance of less than 30 metres from the drone's flight zone, they must sign a form acknowledging that they have taken into account the conditions, rules and dangers of filming before filming begins. The customer shall be responsible for insuring all risks and all direct or indirect damage that may affect all persons, equipment and installations, and declares that it is and will be, throughout the duration of the services, covered by the necessary and customary insurance.
10.2 In the case of a video or photo service on the ground in a studio or on site
The person in charge of the production is the sole judge of the feasibility of the service. In the event of non-compliance with the rules relating to the preparation of the studio or site in or on which the photo shoot or filming takes place, or of insufficient security, the person in charge reserves the right to postpone the service.
