Terms & Conditions (T&Cs)

DEFINITIONS

« MOKA FILMS » designates Laurence PHILIPPON, individual company (EIRL), Registration No. 750 412 751 R.C.S. Montpellier, whose head office is located at : 2 bis rue des Jardins - Hameau Saint-Martin - 34700 Le Bosc.

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« CUSTOMER » designates any adult natural person or legal entity requesting the services of MOKA FILMS. The person or company signing these General Terms and Conditions (signature accompanied by the words “Good For Agreement” on the quote) guarantees payment of the invoice even if it must be drawn up in the name of a third party.

 

MOKA FILMS reserves the right to modify its General Terms and Conditions, its formulas and its prices at any time and without notice. These changes will have no impact on current orders. If the CUSTOMER is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides.

 

The CUSTOMER using the services of MOKA FILMS acknowledges having read and accepted without reservation the following General Terms and Conditions, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) of authors' rights concerning intellectual property laws. To do this, the CUSTOMER will place his signature when ordering, preceded by the handwritten words “read and approved” at the bottom of this document.

 

PURPOSE AND SCOPE OF APPLICATION

The CUSTOMER is informed of the quote for the General Terms and Conditions and receives a copy. Consequently, any order placed by the CUSTOMER with MOKA FILMS implies acceptance and without reservation of these General Terms and Conditions. MOKA FILMS offers the following services :

 

• Corporate, commercial, product films, reports, interviews, corporate, fiction, etc.

• Video productions for associations and artists, shows, concerts, theater, etc.

• Filming | Video editing | Sound Design – Delivery of a product ready to broadcast

• Creation of web teasers

• Mastered soundtrack creation

• Photo packshot, on-site shootings and photographic reports for advertising purposes

 

RIGHT OF ADVERTISING

The CUSTOMER authorizes MOKA FILMS to cite its name and company name, extracts from video or photo productions, as references for the commercial promotion of MOKA FILMS. The CUSTOMER may object to this measure by simply writing to MOKA FILMS.

 

ORDER

The quote and the T&Cs signed by the CUSTOMER are valid together exclusively for acceptance of the latter and serve as a purchase order. This must be accompanied by the payment of 30% of the overall price of the services to be provided. The work will begin when all the documents (quotation and T&Cs signed, 30% of the total amount paid) and graphic and textual documentary elements necessary for the successful completion of the contract are available to MOKA FILMS. Following an initial contact, MOKA FILMS will offer the CUSTOMER a quote as well as specifications specifying the following points :

 

• The duration of the intervention, location, date and time

• A project that meets their expectations, an explanation of the offers and the progress of the service

• The different options discussed between the CUSTOMER and MOKA FILMS

• The scenes, places and people to be taken on video/photo (or not), with, of course, their consent (image rights)

• The price and estimated time frame for the service if the CUSTOMER has a deadline for delivery

• Generally speaking, any other subject that has been previously discussed between the CUSTOMER and MOKA FILMS

 

Unless otherwise stated, the terms and prices of the offer are valid within 3 months following sending of the quote (by email). The estimate, if signed by the CUSTOMER with the mention “Good For Agreement”, will validate the project and the start of its design. The order becomes final upon receipt of the latter, duly dated and signed, as well as a deposit of 30% of the total amount of the estimate. In the event of special mentions added by the CUSTOMER, these terms only become contractual after the signed agreement of MOKA FILMS.

 

The prices of the services are those detailed in the quotes or contracts, accepted by the CUSTOMER. They are confidential, are expressed in euros and subject to VAT.

Any delay caused by the CUSTOMER, in particular by a lack of collaboration (late transmission or poor quality of the documents necessary for the final production), releases MOKA FILMS as to the deadline. Exceeding delivery times cannot give rise to damages, deductions or cancellation of orders in progress.

Any modification resulting in a change or addition of programming, or addition of graphic creations, will be subject to a prior estimate and subject to pricing from MOKA FILMS. MOKA FILMS reserves the right to refuse an order with a CUSTOMER for whom there is a dispute concerning the payment of a previous order.

 

CUSTOMER RESPONSIBILITY

 The CUSTOMER undertakes to provide fair and sincere information and undertakes to notify MOKA FILMS of any change concerning the data provided and will be solely responsible for any possible malfunctions which could result from erroneous information. The CUSTOMER must maintain a valid email address and postal address. 

 

VALIDATIONS

After the project creation phase(s), the CUSTOMER undertakes to transmit its validations to MOKA FILMS in a clear and explicit manner by sending an email or a dated and signed letter. In the absence of validation or a request for modification of the models by the CUSTOMER within fifteen days, they will be considered validated by both parties. The work carried out, delivered and tacitly validated, implies that the sums corresponding to this work are due.

 

RECIPROCAL COMMITMENTS

Generally speaking, the CUSTOMER and MOKA FILMS undertake to actively collaborate in order to ensure the proper execution of the contract. Each party undertakes to communicate any difficulties of which they become aware as the project progresses, to enable the other party to take the necessary measures.

 

MOKA FILMS IS COMMITTED TO :

 

• Carry out the service according to the CUSTOMER's instructions, subject to technical and/or physical impossibility (accident, natural disaster, physical impossibility of MOKA FILMS, etc.). If MOKA FILMS could not carry out its service, the deposit would be returned in full to the CUSTOMER

• Return any document provided by the CUSTOMER at the end of the mission

• Sign a confidentiality agreement if the CUSTOMER wishes

• If necessary, MOKA FILMS may intervene in the development of the specifications, jointly with the CUSTOMER

• MOKA FILMS guarantees that the creations are legally available and are not encumbered by the rights of third parties, whether employees of MOKA FILMS or not, for the uses provided for under the contract.

• MOKA FILMS undertakes to regularly and effectively inform the CUSTOMER of the progress of the project, in particular, through validations submitted to the CUSTOMER

• Keep strictly confidential information and documents of any nature whatsoever, relating to the CUSTOMER, to which he could have had access in particular within the framework of the execution of this mission

 

The following information will not be considered as confidential :

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• Which are available to the public

• Which must be disclosed in order to carry out the filing formalities prescribed by law

 

To enable MOKA FILMS to achieve its mission, THE CUSTOMER UNDERTAKES TO :

 

• Establish detailed specifications which will no longer undergo modification, unless agreed by the parties, after having been approved by MOKA FILMS. In the event that modifications involve a substantial rearrangement of the initial specifications, these will be invoiced in addition to the initial quote.

• Submit MOKA FILMS the order form/quote (dated, signed and stamped)

• Provide all the documentary, graphic and textual elements necessary for the successful completion of the contract, particularly in the correct usable formats depending on the targeted media; The CUSTOMER undertakes to provide all legal information to be added in the documents and assumes responsibility for providing the content of the documents it publishes.

• Have the necessary rights to the elements provided above. Only the responsibility of the CUSTOMER may be engaged in this respect.

• Actively collaborate in the success of the project by providing MOKA FILMS in a timely manner with all the information and documents necessary for a proper understanding of needs and the proper execution of services

• Strictly comply with the technical and creative recommendations made by MOKA FILMS

• Guarantee MOKA FILMS against any action which may be brought against it due to the nature of the data or information (texts, images, sounds) which may have been provided or chosen by the CUSTOMER

• Pay the sums owed to MOKA FILMS within the precise deadlines

• Inform MOKA FILMS of a possible competition with other service providers

• Do not divert, copy, modify or use the digital files provided outside the scope specified in the contract or quote binding the two parties

• The quote signed between the parties is deemed confidential and as such cannot be communicated to unauthorized third parties.

 

ANNEXED FEES

Miscellaneous elements possibly necessary for the provision of MOKA FILMS services and not covered by its offers are not included in the prices indicated. These include, for example, typographic fonts, photographs or illustrations from image banks. The following are to be invoiced in addition : modifications requested by the CUSTOMER during production, if they involve a rework of the project (author's corrections). The textual content allowing the production of the product must be provided by the CUSTOMER. Travel necessary for the successful completion of the contract may also be invoiced to the CUSTOMER.

 

SPECIAL CONDITIONS RELATED TO FILMING

For video shooting, MOKA FILMS undertakes to deploy its best efforts to comply with the instructions provided by the CUSTOMER, subject to technical impossibility or in relation to the existence of intellectual property rights held by third parties. MOKA FILMS' priority is to deliver to its CUSTOMER a quality film but certain elements, beyond its control, can sometimes make shooting difficult. Ex : In rainy/stormy weather, outdoor shooting can be made impossible, difficult or even dangerous. In the event of situations deemed dangerous or presenting a potential risk for the cameraman and/or his equipment, MOKA FILMS reserves the right to interrupt shooting temporarily or permanently. The CUSTOMER may be asked to obtain the necessary authorizations required in public places.

 

CANCELLATION OF ORDER

If the CUSTOMER were to cancel his order in writing and registered before the production date, his deposit of 30% would be retained in full. The latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, the positions completed or in progress, as well as the additional services performed. All copyright remains the exclusive and entire property of MOKA FILMS, with the exception of data provided by the CUSTOMER. The source files and data created and used by MOKA FILMS cannot therefore be claimed by the CUSTOMER without a financial contribution. The models, and more broadly, all original works, remain the property of MOKA FILMS, as do the rejected projects. The deposit already paid will remain acquired by MOKA FILMS, constituting compensation for the work undertaken.

 

IMAGE RIGHTS

The CLIENT undertakes to inform its extras and/or participants of the fact that they will be filmed and/or photographed without them requesting image rights. If, however, certain people absolutely do not wish to appear, the CLIENT undertakes to inform MOKA FILMS as quickly as possible. However, it is preferable for the CUSTOMER to have them sign an image right.

MOKA FILMS undertakes to respect the laws relating to image rights and intellectual properties, by having distribution and exploitation authorizations signed, for example if necessary. In the event of refusal, MOKA FILMS cannot be held responsible for the failure to provide the service in its entirety.

 

PAYMENT TERMS

The prices and payment conditions for the services are indicated on the CUSTOMER's quote. Unless an additional payment deadline is clearly granted, payment of the invoice is due on the delivery date or a maximum of 30 days after issue. Payment is made by transfer, check (payable to MOKA FILMS) or administrative mandate. Declared under the Independent Worker regime (EIRL), MOKA FILMS services are subject to VAT. The method of payment will be established on a case-by-case basis with generally a deposit of 30% upon signing the quote and the remainder upon delivery of the service.

 

PENALTIES FOR LATE PAYMENT

In the event of late payment, and after formal notice of payment by registered mail with acknowledgment of receipt, MOKA FILMS will suspend all other orders in progress and may exercise the right of retention. Late payment penalties will be imposed which will be equivalent to 10% of the total amount of the invoice per month of delay, to which any legal recovery costs will be added.

 

MODIFICATION

Any request to modify the order must be made in writing by the CUSTOMER before the launch of production of the services. MOKA FILMS reserves the right to modify its pricing conditions according to the CUSTOMER's request for modification. Any work undertaken will be billed to the CUSTOMER. Any request to modify an order in progress cannot be taken into account after the start of production. If the CUSTOMER were to cancel his order in writing and registered before the production date, his deposit of 30% would be retained in full.

For fifteen (15) days following delivery of the video, the CUSTOMER may request minor modifications, that is to say slight modification of the shots, titles, music, etc. More significant changes such as the need to redo the assembly partially or in full will be subject to new invoicing.

 

INABILITY TO WORK

In the event of incapacity for work, due to illness or accident, MOKA FILMS reserves the right to modify the current schedule without the CLIENT being able to demand the payment of compensation. It is accepted that MOKA FILMS must notify the CUSTOMER from the first working day of their incapacity.

 

FORCE MAJEURE

The parties cannot be considered responsible or having failed in their contractual obligations when the failure to perform the respective obligations is caused by force majeure; the contract between the parties is suspended until the extinction of the causes which gave rise to force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and beyond the control of the parties, despite all reasonably possible efforts to prevent them. Force majeure also includes the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties. The party affected by the force majeure will notify the other within five (5) working days following the date on which it becomes aware of it. Both parties will then agree on the conditions under which execution of the contract will be continued.

 

DELIVERY

MOKA FILMS undertakes to deliver its production within the contractual deadline. It is agreed between the parties that payment by the CUSTOMER of the entirety of MOKA FILMS' fees constitutes receipt and definitive acceptance of the services.

 

RESERVATION OF PROPERTY

In accordance with the provisions of Law No. 80-335 of May 12, 1980, the transfer of ownership of the services sold will only take place upon full receipt of their price, any failure to pay on the due date automatically resulting in the termination of the contract. sales contract. Any late payment will result in the invoicing of penalties calculated from the first day following the due date on the basis of 10% of the total amount of the invoice, per month of delay. Any month committed is due. Furthermore, MOKA FILMS reserves the right with or without notice to suspend any delivery to the CUSTOMER. The CUSTOMER will bear all costs incurred by MOKA FILMS for the recovery of sums due.

 

PRESERVATION OF DIGITAL FILES

Rushes will be kept for 3 months after delivery of the project. If the CUSTOMER wishes a longer backup of his data, he must make a written request to MOKA FILMS and pay a financial contribution for the backup of these; backup made by MOKA FILMS. Rushes are not part of the deliverables, unless an explicit request is made before establishing the quote and specifications. Once the quote is signed, it is an inalienable choice.

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BROADCAST RIGHT

The video product is intended to be broadcast exclusively on the media defined on the quote and invoice. Any broadcast and/or commercial or similar exploitation on cable, television, interactive terminals or any known or unknown media is the subject of an additional contract between the CUSTOMER and MOKA FILMS.

MOKA FILMS declines all responsibility in the event of illicit distribution and/or exploitation of the product. MOKA FILMS grants itself the right to use the images resulting from the service and to distribute them on its website. And, if necessary, via video platforms, with the aim of promoting your activity. In the event of refusal by the CUSTOMER, the latter must send a registered letter with acknowledgment of receipt to MOKA FILMS explaining their refusal to broadcast.

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REPRODUCTION RIGHTS & copyrights

The reproduction and re-edition of MOKA FILMS creations are subject to the collection of copyright according to the law of March 11, 1957. The transfer of these rights only concerns the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of a creation cannot be made, under any circumstances, without the consent of MOKA FILMS. The signature cannot be deleted without the agreement of MOKA FILMS. An idea proposed by the CUSTOMER does not constitute, in itself, a creation. According to the intellectual property code L 335 1-4, the right to reproduce videos/DVDs is prohibited. In the event of a dispute, only the French courts will be deemed competent.

Copyrights are calculated based on the distribution of the creation. They can be transferred as a lump sum or in part. Each different adaptation of the original work is the subject of a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and cannot exceed this limit. To allow the CUSTOMER to freely exploit the service provided within the framework of its activity, all of the property rights relating to the creation of MOKA FILMS under the project will be entirely and exclusively transferred to the CUSTOMER, for distribution on the supports specifically addressed when ordering, upon effective payment of all fees due.

 

COPYRIGHT AND COMMERCIAL NOTICE

Unless explicitly stated otherwise by the CUSTOMER, MOKA FILMS reserves the possibility of including in the production a commercial notice clearly indicating its contribution, such as the formula “Produced by : © MOKA FILMS” accompanied when the medium allows it by a hypertext link pointing to to the site of its activity.

 

DISPUTE RESOLUTION

The contract is subject to French law. Any dispute or dispute relating to the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts of Montpellier, to which they expressly attribute jurisdiction.