Preamble
3.0 production (hereinafter ‘3.0’) is a limited liability company with capital of €5,000, registered in the Nanterre Trade and Companies Register under number 502 504 012, whose registered office is located at 16 rue du Général Roguet - 92110 Clichy and correspondence address is located at 16 rue du Général Roguet - 92110 Clichy, represented by its Manager, Yannick Roguet. 3.0 is an audiovisual communication agency offering services for the creation and production of communication and promotional content (hereinafter the ‘Content’). The rules set out in these General Terms and Conditions of Sale (hereinafter ‘GTCS’) are intended to govern the commercial relationship between 3.0 and its customers (hereinafter the ‘Customer’) and to define the conditions under which 3.0 offers its services and provides its services as well as the conditions under which the Customer acquires the content produced by 3.0. These GCS are binding and take precedence over any other conditions of purchase, unless expressly and formally waived by 3.0. 3.0 reserves the right to modify or supplement the GCS, in particular when 3.0 draws up an order form or a quotation, which then constitute the special conditions. In the event of contradiction between the GCS and the Quotation, it is agreed between the Parties that the Quotation shall prevail. The Customer acknowledges having read these GTC in the version applicable on the date of validation of the order form and/or quotation, or of the conclusion of this contract, and accepts these GTC without reservation. 3.0 undertakes to communicate these GTC to any Customer who so requests. They will be sent with each quotation issued by 3.0.
1. Description of the services provided
3.0 is a communications agency offering a range of services and in particular services (hereinafter the ‘Services’ or, individually, the ‘Service’): consultancy, design, creation, editing and post-production of audiovisual content and in particular corporate films, sound identities, magazines, web series, interviews, reports, graphic animation or motion design films, graphic packaging (hereinafter the ‘Content’).
2. Formation of the contract (content of the service and price)
3.0 and the CUSTOMER agree on the nature of the Services to be carried out by 3.0 in the interest of the CUSTOMER, as well as the deadlines, the schedule for carrying out the Services and their price by means of specifications and/or estimates. The specifications and/or quotation will also specify the practical conditions for carrying out the Services and will identify the contact persons on both sides of 3.0 and the CUSTOMER. The respective obligations of each party, to carry out the Services for 3.0 and to pay the price of the Services for the CUSTOMER, arise from the moment when the CUSTOMER has duly signed, initialled on each page and returned by email or post the order form and/or quotation issued by 3.0 and/or has sent the order form for agreement by email. The order form and/or quotation signed by the CUSTOMER and/or agreement by email, together with these GTC, constitute the contract between the Parties (hereinafter the ‘Contract’). The performance of the Services shall commence upon receipt by 3.0 of the order form and/or the signed quotation and/or the email confirmation.
3. Performance and delivery of the Services
3.0 makes its resources available to carry out the Services in accordance with the conditions described on the order form/quotation. 3.0 undertakes, within the framework of an obligation of means, to take all the care necessary to implement a service of a quality in accordance with the practices of the profession. 3.0 undertakes to deliver the Services and Content in accordance with the agreed deadline and to assign any intellectual property rights over the Content that may be useful to the CUSTOMER, subject to payment of the price by the CUSTOMER. All Content remains the exclusive property of 3.0 until all invoices issued by the latter have been paid by the CUSTOMER. 3.0 declares that it is the sole holder of the rights to the Content, as defined in article 5. 3.0 declares that it has these rights without restriction or reservation with regard to authors, directors, performers and technicians. The CUSTOMER acknowledges that it has checked that the Services meet its needs. In its capacity as a professional in its sector of activity, the CUSTOMER acknowledges that it is solely responsible for the choices made by it with regard to the textual and visual content appearing in the Content produced by 3.0. It is the CUSTOMER's responsibility to inform 3.0 of any specific features of the CUSTOMER's field of activity and in particular to advise 3.0 of the existence of any offer or concept similar to the Content. The Services and Content must be validated and accepted by the CLIENT. 3.0 will send an initial editing proposal on which the CUSTOMER will make its comments so that 3.0 can integrate them with a view to a second presentation of the project. The parties agree to limit the number of return visits after the 1st presentation to 2. Any additional changes requested by the CLIENT may be the subject of an additional quote/order form. The service includes everything explicitly listed. Any service not included in the proposal will be subject to an additional quotation. By validating the Services and Content, the CUSTOMER acknowledges that their use by him/her is not such as to infringe the rights of third parties and 3.0 cannot be held liable in this respect. The exploitation of the Content will be carried out by the CUSTOMER under its exclusive responsibility. 3.0 is authorised, without written instructions to the contrary from the customer, to subcontract all or part of the work ordered by the customer.
4. Financial conditions and invoicing
The price of the services, to which will be added, where applicable, the price of the transfer of rights mentioned in article 5 of these GTC, is that mentioned on the quotation and is quoted in euros. An invoice will be issued at the end of the project. All payments are to be made either by bank transfer or by cheque and sent to our offices at: 16 rue du Général Roguet 92110 Clichy. Payment will be made within 30 days of the invoice date. In the event of late payment of an invoice, the Customer will be liable for late payment penalties calculated on the amount outstanding on the due date on the basis of the rate applied on the due date by the European Central Bank for its operations in euros increased by ten (10) percentage points and a fixed penalty of forty (40) euros. In the event of non-payment by the due date, 3.0 reserves the right to terminate the Contract. In the event of termination or interruption of this Contract requested by the CLIENT during one of the phases of the Contract, the services already provided by 3.0 must be paid for by the Customer, which the Customer expressly accepts.
5. Industrial, intellectual, literary and artistic property
3.0 assigns to the CUSTOMER the intellectual property rights over the Content validated and paid for by the CUSTOMER under the Contract and necessary for its use of the Content for a period of 3 years, except in the case of contractual exceptions. Within the limits of the Quotation, the rights assigned under the Assignment include the rights of (i) reproduction (in particular the right to fix, have fixed, reproduce, have reproduced, record, have recorded by all technical processes known or unknown to date, the Content, the right to draw up and have drawn up all originals, duplicates or copies of the Content by all processes known or unknown to date, the right to make or have made available to the public the Content) and (ii) representation (in particular the right to broadcast the Content in its entirety). This transfer of rights does not include any royalties that may be due to the SACEM/SDRM for the use of the Content, which will be the responsibility of the CUSTOMER, who will make all the necessary declarations in this respect. Rushes, projects and source files remain the property of 3.0. Any subsequent modification of the Content by the CUSTOMER and any use of the Content beyond the rights assigned must receive the prior written approval of 3.0 and, where applicable, be the subject of a new assignment of rights in return for additional invoicing. However, if 3.0 agrees to supply the rushes or source files of the Content to the CUSTOMER, the latter acknowledges and understands the legal responsibility associated with this other use, in particular with regard to rights linked to image and words.
6. Advertising
Unless explicitly stated otherwise by the CLIENT, 3.0 may use an extract of the Content in its demo/showreel for promotional purposes and, more generally, reproduce the Content on all promotional media, including its website, video content sharing platforms and social networks.
7. Confidentiality
3.0 and the CLIENT undertake to keep confidential all information and documents concerning the other party, of whatever nature, to which the parties may have had access during the course of the Contract.
8. personal data
3.0 shall process the personal data provided by the Customer in order to fulfil the Order. This data may be transferred to 3.0's service providers for the same purposes and shall not be kept for more than ten (10) years after the end of the Order. In accordance with the laws in force, any person concerned by the processing of personal data may exercise their right to access, rectify, delete or object to the processing of their personal data, and to have such data communicated to them in a structured and readable format (unless they have a legitimate reason for not doing so) by contacting: 3.0 16 rue du Général Roguet 92110 Clichy. You also have the right to lodge a complaint with a supervisory authority and to define directives relating to your digital will.
9. Force Majeure
In the event of force majeure as defined by the case law of the French courts, making it impossible for 3.0 to perform some or all of its obligations, 3.0's obligations will initially be suspended. In the event that the suspension exceeds a discontinuous period of two months, the contract may be terminated ipso jure at the initiative of either of the Parties. 3.0 will then be released from its commitments, without any compensation being due as a result. Force majeure is an event that is unforeseeable, irresistible and external to the persons concerned.
10. Applicable law and jurisdiction
These GCS are governed by French law. In the event of any disputes, the parties expressly agree to endeavour to settle amicably any dispute arising from the performance of this contract. Should this not be possible, the two parties agree in advance to seek a rapid solution to the dispute through a mediation procedure. It is only in the event of persistent disagreement over the interpretation and/or performance of this agreement that the parties may refer the matter to the courts. In this case, the Courts of Nanterre will have sole jurisdiction to hear any disputes between the parties.
3.0 production (hereinafter ‘3.0’) is a limited liability company with capital of €5,000, registered in the Nanterre Trade and Companies Register under number 502 504 012, whose registered office is located at 16 rue du Général Roguet - 92110 Clichy and correspondence address is located at 16 rue du Général Roguet - 92110 Clichy, represented by its Manager, Yannick Roguet. 3.0 is an audiovisual communication agency offering services for the creation and production of communication and promotional content (hereinafter the ‘Content’). The rules set out in these General Terms and Conditions of Sale (hereinafter ‘GTCS’) are intended to govern the commercial relationship between 3.0 and its customers (hereinafter the ‘Customer’) and to define the conditions under which 3.0 offers its services and provides its services as well as the conditions under which the Customer acquires the content produced by 3.0. These GCS are binding and take precedence over any other conditions of purchase, unless expressly and formally waived by 3.0. 3.0 reserves the right to modify or supplement the GCS, in particular when 3.0 draws up an order form or a quotation, which then constitute the special conditions. In the event of contradiction between the GCS and the Quotation, it is agreed between the Parties that the Quotation shall prevail. The Customer acknowledges having read these GTC in the version applicable on the date of validation of the order form and/or quotation, or of the conclusion of this contract, and accepts these GTC without reservation. 3.0 undertakes to communicate these GTC to any Customer who so requests. They will be sent with each quotation issued by 3.0.
1. Description of the services provided
3.0 is a communications agency offering a range of services and in particular services (hereinafter the ‘Services’ or, individually, the ‘Service’): consultancy, design, creation, editing and post-production of audiovisual content and in particular corporate films, sound identities, magazines, web series, interviews, reports, graphic animation or motion design films, graphic packaging (hereinafter the ‘Content’).
2. Formation of the contract (content of the service and price)
3.0 and the CUSTOMER agree on the nature of the Services to be carried out by 3.0 in the interest of the CUSTOMER, as well as the deadlines, the schedule for carrying out the Services and their price by means of specifications and/or estimates. The specifications and/or quotation will also specify the practical conditions for carrying out the Services and will identify the contact persons on both sides of 3.0 and the CUSTOMER. The respective obligations of each party, to carry out the Services for 3.0 and to pay the price of the Services for the CUSTOMER, arise from the moment when the CUSTOMER has duly signed, initialled on each page and returned by email or post the order form and/or quotation issued by 3.0 and/or has sent the order form for agreement by email. The order form and/or quotation signed by the CUSTOMER and/or agreement by email, together with these GTC, constitute the contract between the Parties (hereinafter the ‘Contract’). The performance of the Services shall commence upon receipt by 3.0 of the order form and/or the signed quotation and/or the email confirmation.
3. Performance and delivery of the Services
3.0 makes its resources available to carry out the Services in accordance with the conditions described on the order form/quotation. 3.0 undertakes, within the framework of an obligation of means, to take all the care necessary to implement a service of a quality in accordance with the practices of the profession. 3.0 undertakes to deliver the Services and Content in accordance with the agreed deadline and to assign any intellectual property rights over the Content that may be useful to the CUSTOMER, subject to payment of the price by the CUSTOMER. All Content remains the exclusive property of 3.0 until all invoices issued by the latter have been paid by the CUSTOMER. 3.0 declares that it is the sole holder of the rights to the Content, as defined in article 5. 3.0 declares that it has these rights without restriction or reservation with regard to authors, directors, performers and technicians. The CUSTOMER acknowledges that it has checked that the Services meet its needs. In its capacity as a professional in its sector of activity, the CUSTOMER acknowledges that it is solely responsible for the choices made by it with regard to the textual and visual content appearing in the Content produced by 3.0. It is the CUSTOMER's responsibility to inform 3.0 of any specific features of the CUSTOMER's field of activity and in particular to advise 3.0 of the existence of any offer or concept similar to the Content. The Services and Content must be validated and accepted by the CLIENT. 3.0 will send an initial editing proposal on which the CUSTOMER will make its comments so that 3.0 can integrate them with a view to a second presentation of the project. The parties agree to limit the number of return visits after the 1st presentation to 2. Any additional changes requested by the CLIENT may be the subject of an additional quote/order form. The service includes everything explicitly listed. Any service not included in the proposal will be subject to an additional quotation. By validating the Services and Content, the CUSTOMER acknowledges that their use by him/her is not such as to infringe the rights of third parties and 3.0 cannot be held liable in this respect. The exploitation of the Content will be carried out by the CUSTOMER under its exclusive responsibility. 3.0 is authorised, without written instructions to the contrary from the customer, to subcontract all or part of the work ordered by the customer.
4. Financial conditions and invoicing
The price of the services, to which will be added, where applicable, the price of the transfer of rights mentioned in article 5 of these GTC, is that mentioned on the quotation and is quoted in euros. An invoice will be issued at the end of the project. All payments are to be made either by bank transfer or by cheque and sent to our offices at: 16 rue du Général Roguet 92110 Clichy. Payment will be made within 30 days of the invoice date. In the event of late payment of an invoice, the Customer will be liable for late payment penalties calculated on the amount outstanding on the due date on the basis of the rate applied on the due date by the European Central Bank for its operations in euros increased by ten (10) percentage points and a fixed penalty of forty (40) euros. In the event of non-payment by the due date, 3.0 reserves the right to terminate the Contract. In the event of termination or interruption of this Contract requested by the CLIENT during one of the phases of the Contract, the services already provided by 3.0 must be paid for by the Customer, which the Customer expressly accepts.
5. Industrial, intellectual, literary and artistic property
3.0 assigns to the CUSTOMER the intellectual property rights over the Content validated and paid for by the CUSTOMER under the Contract and necessary for its use of the Content for a period of 3 years, except in the case of contractual exceptions. Within the limits of the Quotation, the rights assigned under the Assignment include the rights of (i) reproduction (in particular the right to fix, have fixed, reproduce, have reproduced, record, have recorded by all technical processes known or unknown to date, the Content, the right to draw up and have drawn up all originals, duplicates or copies of the Content by all processes known or unknown to date, the right to make or have made available to the public the Content) and (ii) representation (in particular the right to broadcast the Content in its entirety). This transfer of rights does not include any royalties that may be due to the SACEM/SDRM for the use of the Content, which will be the responsibility of the CUSTOMER, who will make all the necessary declarations in this respect. Rushes, projects and source files remain the property of 3.0. Any subsequent modification of the Content by the CUSTOMER and any use of the Content beyond the rights assigned must receive the prior written approval of 3.0 and, where applicable, be the subject of a new assignment of rights in return for additional invoicing. However, if 3.0 agrees to supply the rushes or source files of the Content to the CUSTOMER, the latter acknowledges and understands the legal responsibility associated with this other use, in particular with regard to rights linked to image and words.
6. Advertising
Unless explicitly stated otherwise by the CLIENT, 3.0 may use an extract of the Content in its demo/showreel for promotional purposes and, more generally, reproduce the Content on all promotional media, including its website, video content sharing platforms and social networks.
7. Confidentiality
3.0 and the CLIENT undertake to keep confidential all information and documents concerning the other party, of whatever nature, to which the parties may have had access during the course of the Contract.
8. personal data
3.0 shall process the personal data provided by the Customer in order to fulfil the Order. This data may be transferred to 3.0's service providers for the same purposes and shall not be kept for more than ten (10) years after the end of the Order. In accordance with the laws in force, any person concerned by the processing of personal data may exercise their right to access, rectify, delete or object to the processing of their personal data, and to have such data communicated to them in a structured and readable format (unless they have a legitimate reason for not doing so) by contacting: 3.0 16 rue du Général Roguet 92110 Clichy. You also have the right to lodge a complaint with a supervisory authority and to define directives relating to your digital will.
9. Force Majeure
In the event of force majeure as defined by the case law of the French courts, making it impossible for 3.0 to perform some or all of its obligations, 3.0's obligations will initially be suspended. In the event that the suspension exceeds a discontinuous period of two months, the contract may be terminated ipso jure at the initiative of either of the Parties. 3.0 will then be released from its commitments, without any compensation being due as a result. Force majeure is an event that is unforeseeable, irresistible and external to the persons concerned.
10. Applicable law and jurisdiction
These GCS are governed by French law. In the event of any disputes, the parties expressly agree to endeavour to settle amicably any dispute arising from the performance of this contract. Should this not be possible, the two parties agree in advance to seek a rapid solution to the dispute through a mediation procedure. It is only in the event of persistent disagreement over the interpretation and/or performance of this agreement that the parties may refer the matter to the courts. In this case, the Courts of Nanterre will have sole jurisdiction to hear any disputes between the parties.
