Terms and conditions of sale.
The terms governing the communication services Agence Dubois provides to its professional clients.
This is a courtesy translation, provided for information only. The contractually binding text is the French version, which prevails in the event of any discrepancy.
Registered name · Dylan Dubois Photographie
Trading name · Agence Dubois
Legal form · Sole trader (French micro-enterprise)
SIRET · 842 564 841 00026
Registered office · 6 rue du Coin Blot, 77700 Chessy, France
Email · hello@agencedubois.com
Phone · 06 35 47 26 61
These terms and conditions of sale set out the rights and obligations of Agence Dubois (the « Provider ») and its clients in respect of communication services (photography, video, community management, website design). Placing an order implies the client's full and unreserved acceptance of these terms.
Every assignment is the subject of a detailed quote, built from the packages shown on the services page or tailored to the brief. A quote signed with the words « Bon pour accord » or approved in writing (email, electronic signature) constitutes a firm and final order.
Under article L221-3 of the French Consumer Code, the 14-day right of withdrawal provided for distance contracts does not apply to contracts concluded between professionals in the course of their business.
The client, as a professional ordering a service for the purposes of her business, acknowledges that she does not benefit from this right of withdrawal. An accepted quote and payment of the deposit constitute a firm and final commitment, subject to the « Cancellation and postponement » clause below.
Prices for the Flash, Social media and Website packages are stated in euros excluding VAT and shown on the services page. Website packages are quoted per project.
A deposit of 50 % is payable on order, as a condition precedent to the start of the assignment. No work begins before the deposit has actually been received.
The balance is payable on delivery of the files, within 30 days of the invoice date at the latest. Monthly packages (social media) are invoiced each month in arrears.
Late payment automatically gives rise, without prior formal notice, to:
- · Late payment interest at three times the applicable statutory interest rate;
- · A fixed recovery cost indemnity of €40 (article D441-5 of the French Commercial Code);
- · All outstanding sums becoming immediately payable;
- · Immediate suspension of any assignment in progress and of the right to use the visuals already delivered.
For assignments carried out outside the Chessy / Val d'Europe / Paris region area, travel costs may apply on the terms set out in the quote (mileage, tolls, accommodation and meals where applicable). Such costs are agreed with the client in advance and invoiced in addition to the service.
Agence Dubois undertakes to carry out the assignment in accordance with the accepted quote. Files are delivered digitally via a download link or an agreed medium. Delivery times are indicative and may vary with workload.
Files delivered to the client are marked (discreet watermark, EXIF metadata carrying a copyright notice) until the invoice has been paid in full. The final unmarked version is released only once full payment has been received.
Any assignment actually carried out is payable in full, regardless of the client's level of satisfaction. The creative work supplied (preparation, shooting, post-production) constitutes the service itself and cannot be called into question on the sole ground of a subjective view of the result.
The client does, however, have a right of revision on the terms set out in the quote (number of rounds included, scope, timings). Beyond that scope, any further revision is subject to an amendment and additional invoicing.
Photographs and videos remain the exclusive property of their author until the invoice has been paid in full.
No right of use is assigned until the invoice has been settled in full. Any use of the files before full payment constitutes infringement within the meaning of articles L335-2 et seq. of the French Intellectual Property Code, exposing the user to civil and criminal penalties of up to three years' imprisonment and a €300,000 fine.
Once full payment has been made, the client holds only the rights of use expressly set out in the quote and/or invoice (duration, territory, media, scope). Any use not provided for requires a new assignment of rights and additional invoicing.
Unless otherwise agreed in the quote, Agence Dubois reserves the right to use the photographs and videos produced for the assignment to promote its own business (portfolio, website, social media, sales material).
The client may object to such use by saying so explicitly in writing when placing the order, in particular for confidential projects or those under embargo.
Unless otherwise stated, source files are kept for three months after delivery. After that period, backing them up is the client's sole responsibility.
The client warrants that she has obtained all necessary permissions relating to the people, places and objects photographed or filmed. Agence Dubois cannot be held liable for any claim relating to image rights or to the intellectual property of material supplied by the client.
Agence Dubois undertakes to keep confidential the information, projects, documents and any other non-public material it becomes aware of in the course of the assignment. This obligation continues beyond the end of the engagement.
For her part, the client undertakes not to disclose the working methods, quotes, pricing terms or any other non-public material originating from Agence Dubois.
Agence Dubois uses insured professional equipment.
Where equipment is damaged or stolen at the place of the assignment and this is attributable to the client, her staff or the conditions of the assignment (venue, audience, organisation), the client bears financial responsibility at the replacement cost of the equipment concerned.
Agence Dubois cannot be held liable for a delay or partial delivery caused by an isolated technical failure (faulty memory card, equipment breakdown), absent proof of gross negligence.
Where the client cancels less than 7 days before the assignment, the deposit paid is retained by Agence Dubois.
Where the assignment is postponed, a new date is set by mutual agreement, subject to availability. Monthly social media packages may be terminated on one month's notice.
In the event of force majeure (natural disaster, strike, pandemic, accident or any external, unforeseeable and irresistible event), Agence Dubois cannot be held liable.
Where non-payment persists, Agence Dubois reserves the right to start any recovery procedure, amicable or judicial. The costs incurred (reminders, formal notice, bailiff, lawyer) are borne solely by the defaulting client, in addition to the sums due.
These terms are governed by French law. Any dispute will be brought before the competent courts in the jurisdiction of Agence Dubois's registered office.
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