Generales Terms and Conditions of Sale

GENERALITIES

 

The customer calling upon the services of “Studio 21èmeVague”, trade name attributed to Mr. MONDIN Elliot SIRET 90377007100012, acknowledges having read and accepted without reservation the following general terms and conditions of sale as well as the warnings concerning law n°92-597 of 01/07/92 on intellectual property which are set out in article 01.

COPYRIGHT

 

All sound creations remain the moral and physical property of MONDIN Elliot. Only the reproduction rights for the sole use or printed copy defined on an invoice or rights assignment can be sold. They cannot be modified, reproduced, sold, or reused for another purpose (which is subject to the payment of reproduction rights) without the prior written consent of the author.

CONDITIONS OF ASSIGNMENT OF EXPLOITATION RIGHTS

 

Article 01: All creations generate copyright governed by the Intellectual Property Code. Their amount is related to the effective use of the creation by the client, any use other than that indicated on the invoice will be subject to additional rights.

Article 02: Numerous services are offered by MONDIN Elliot to his Customers, all of which exclusively deal with music composition, sound design, and audio processing for individuals, businesses, associations, artists, NGOs, and local authorities.

Article 03: Under no circumstances may modifications or interpretations of a sound creation be made without the author’s written consent.

Article 04: An idea proposed by the client does not in itself constitute a creation.

Article 05: Providing the composer with a Purchase Order or written confirmation in accordance with the terms of the presented estimate is mandatory.

Article 06: When for the same work the client calls upon other composers, audio producers, all participants must be informed in writing from the first interview onwards. The research of all agents must be remunerated.

Article 07: Supplies such as sound effects and sounds of all origins, protected by copyright for which YUNA do not hold usage rights, possibly necessary for the completion of the work, are not included in the prices quoted.

Article 08: The following will be invoiced separately: modifications requested by the client during the production process, if they involve a restructuring of the project (author’s corrections), possible participation in sound recordings, technical monitoring, travel expenses, etc.

Article 09: A reservation deposit of 50% of the amount of the estimate must be paid by bank transfer/PayPal to MONDIN Elliot. In the absence of this payment, YUNA will not reserve any performance dates.

YUNA reserve the right to refuse any order from a Client, particularly in the event of the said Client’s insolvency or in the event of failure to pay the reservation deposit, or any other previous incident.

Article 10: Demos (accepted or not) remain the property of the author and must be returned to him, and any source not retained must be deleted. Projects without follow-up are invoiced at 100% of the value indicated under the “Research and Creation all rights reserved” item on the estimate.

Article 11: The client will provide the composer with several copies of the creations made. The composer reserves the right to use the creations for promotional purposes.

Article 12: Unless otherwise stated in the “payment terms” section of the estimate, the maximum deadline for settling due amounts is set at the thirtieth day following the date of receipt of the products or performance of the requested service. In accordance with the law, late payment penalties are due without a reminder being required. These penalties amount to 20% of the total amount of the invoice per month of delay started.

Article 13: The mentions indicated by the Client when entering the information relating to his order commit him/her. YUNA cannot be held responsible for errors made by the Client in the wording of the recipient’s details of the order (email address, service address) and for payment delays.

ORDERS

 

Any order implies the express and unconditional acceptance by the client of these general terms and conditions of sale and implies the waiver of any application of its possible General Purchasing Conditions. An order is validated only when the client validates the estimate and gives his approval for the project to start.

PRICES

 

Prices are invoiced based on the rates in effect on the day of the order, they are inclusive of VAT in dollars.

MEANS OF PAYMENT

 

By derogation from the provisions of article L. 144-6 of the Commercial Code, payment for orders is made mainly by 3 distinct means: – immediate online payment (PayPal), by credit card – by bank transfer – by check sent to the head office, or to any address communicated by the service provider.

INVOICING

 

An invoice is issued for each order placed and is sent by email or by postal mail to the client.

DELIVERY TIMES

 

Delivery will be made to the address indicated by the client and stated on the order confirmation and will be considered as made when the order arrives at said address. Delivery times are given purely as an indication and without guarantee. Any delay in the execution of orders cannot be used as a basis for their cancellation, for refusing goods, or for claiming damages and interest. Production can only take place if the client is up to date with his obligations to the seller and in particular if there is no payment delay, including on other orders than the one to be delivered.

MAJOR FORCES

 

The occurrence of a force majeure event which delays, prevents, or renders economically excessive the performance of the sale has the effect of suspending the contractual obligations of YUNA. A major force event is any event of any nature whatsoever, which reasonably escapes the control of one or other of the parties such as, in particular, the occurrence of fire, interruption of the supply of raw materials, power cut or machine breakdown making it impossible to perform the work entrusted within the planned deadlines, strike or lock-out, interruption of transport means whatever the cause, legal or regulatory provisions affecting the production or delivery of products. If the event lasts for more than three months, YUNA reserve the right, after this period, to terminate the contract without compensation.

PENALTY CLAUSE

 

The absence of full payment by the initial due date, including for the extension of the due date, expressly consented to by the Company, will automatically oblige the client to pay interest calculated at the European Central Bank (ECB) rate corresponding to the refi rate (4.25% on August 28, 2008) increased by 7 points, i.e., 11.25%, from the date of delivery without the need for prior notice. The Company will be entitled for any other subsequent contract to demand, in addition to the settlement of debts, the full payment of the entire order in cash. In the event that recovery must be made through legal means, and regardless of the right for the Company to terminate the contract in the event that the client does not fulfill all his obligations, an indemnity of 10% of the amount due will be due, in addition to the amount of the invoice, either the actual costs incurred if they are higher, in addition to late payment interest.

COMPUTER FILES: TECHNICAL LIMITS

 

Every client is presumed to be the holder of reproduction rights to the documents, benefiting from the laws on intellectual property, which he entrusts to the Company. He assumes full responsibility for any damage that may be claimed by a third party. The computer files needed to produce the audio product must be provided by the client.

YUNA reserve the right to make certain modifications that they deem necessary to the files provided by the client and that do not comply with the specifications. Similarly, they reserve the right to refuse any order if the files do not comply with the specifications. For all these reasons, YUNA liabilities cannot be incurred in any case in the event of non-compliance with technical constraints. They never intervene on files requiring author corrections. In this case, the client undertakes to provide a new file.

DATA PROTECTION AND PRIVACY

 

In accordance with the Data Protection Act, the client can access information about himself, request rectification, or demand not to appear in our database.

ATTRIBUTIVE CLAUSE OF COMPETENT JURISDICTION

 

In the event of a dispute, whether on the completion of work or these general terms and conditions of sale, the local commercial court will be the only competent court, even in the event of multiple defendants or a forced intervention appeal.

RETRACTION CANCELLATION

 

The Client has a period of 7 days from the signature of the estimate.

In the event of exercising the right of withdrawal, MONDIN Elliot undertakes to refund the deposits paid by the Client, without charge. The refund is due within a maximum period of 30 days. In the event of withdrawal after 7 days, We will retain any deposit paid by the Customer. 

Note: This right of withdrawal no longer applies from the moment when the work requested by the client has begun.

CONFIDENTIALITY

 

YUNA undertake not to disclose confidential information the may have learned in the course of is duties