Terms & Conditions
Article 1: Preamble
These General Terms and Conditions of Sale (GTC) detail the rights, obligations, and terms of service provided by the limited liability company (SARL), represented by Thomas Ribier and Quentin Dupont, and its client within the framework of its audiovisual production activities. They are deemed validated and accepted without reservation by the client upon acceptance of the SARL’s quote. These General Terms and Conditions of Sale were provided prior to the order, in accordance with applicable regulations. « Common Ground, » SARL, trading as Atlasta Studio, SIREN No. 999 455 652 R.C.S. Evry, refers to the limited liability company (SARL) whose registered office is located at 4 rue Philippe Père, 91540 – Echarcon, France.
The services provided consist primarily of audiovisual capture, drone operation, audio recording, post-production processing, and digital delivery
Article 2: Orders
Unless otherwise agreed, orders will be processed upon receipt by the service provider of the dated and signed quote. Quotes submitted by the service provider to the client remain valid for two months from the date of issue.
By signing a quote or, more generally, by using the service provider’s services, the client acknowledges having read these General Terms and Conditions of Sale and accepts all the provisions contained herein without any reservation or guarantee other than those stipulated herein. Any order therefore constitutes acceptance of the prices of the services offered and implies the client’s unreserved acceptance of these General Terms and Conditions of Sale and any specific conditions. In certain cases, particularly in the event of non-payment of the deposit, an incorrect address, or any other problem making the performance of the service impossible, the service provider reserves the right to block the client’s order until the problem is resolved.
Article 2.1: Order Cancellation
The service provider’s quotes are free of charge. If not selected, submitted projects and all related materials must be returned in full, as they remain the exclusive property of Common Ground SARL. Any order modification will be processed in the same manner as the initial order, by issuing a new quote. Furthermore, any order cancellation after the service start date will result in the forfeiture of any deposit paid to the service provider, without prejudice to any additional compensation the service provider may claim from the client due to this cancellation, except in cases of force majeure.
Article 2.2: Proof of Transaction
The computerized records stored in the service provider’s computer systems will be considered proof of communications, including emails, orders, and payments made between the parties. Quotes and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 3: Pricing
The price of services is expressed in Euros excluding VAT. The applicable price is defined in the quote provided to the client on the day of signing. Delays or other unforeseen problems beyond the service provider’s control may result in additional charges. The service provider undertakes to inform the client of these delays or unforeseen problems as soon as they occur in order to assess their consequences together. In this regard, should an unforeseen event occur that makes the performance of the ordered service more costly for the service provider, the parties agree to renegotiate the terms of the order in good faith, and in particular its price, to take into account the change in circumstances and its impact on the cost of the service. Prices for photo, video, motion design, and aerial photography services include the rights to broadcast on the web and social media for a period of five years (unless otherwise specified in the quote). These rights cover digital distribution: the client’s website or partner sites and social media (YouTube, Facebook, Twitter, Instagram, Snapchat, etc.). Distribution rights on other media, and in particular TV and radio advertising rights, are subject to specific pricing (based on a detailed supplementary quote that will take into account the client’s distribution and media buying plan).
All orders, as defined in Article 2, require a deposit equal to 30% excluding VAT of the order, unless otherwise agreed with the client. Except in cases of force majeure, any cancellation of the order by the client within 48 hours of receiving the deposit will result in the forfeiture of the deposit paid and will therefore not give rise to any refund, even partial. If no deposit has been paid by the client at the time of the order, in the event of cancellation and except in cases of force majeure, the client will pay the service provider a sum equivalent to 30% excluding VAT of the order as damages.
Article 4: Payment Terms
The order is payable according to the following terms: 30% of the order amount excluding VAT as a deposit before work commences, and 70% of the order amount excluding VAT on the day of delivery of the ordered services. The service provider reserves the right to refuse to perform a service for a client who has not fully or partially paid the deposit stipulated in the order, a previous order, or with whom a payment dispute is pending.
As a guarantee, all materials and documents entrusted by the client, as well as the services performed by the service provider, will, from the date of the order, be pledged as security for the full payment of the deposit or the service. In any event, these materials may be withheld or suspended in the event of the client’s failure to fulfill their obligations. The benefit of the order is strictly personal and may not be transferred to a third party without the service provider’s authorization. Article 4.1: Late Payment
Pursuant to a penalty clause and legal provisions, the client will be liable for a late payment penalty calculated on the total amount due. In accordance with the law, the fixed compensation for recovery costs, as stipulated in Article D441-5 of the French Commercial Code, is set at €40. These penalties will be automatically payable to the service provider without any formality or prior notice. In addition, late payment penalties will be calculated as follows:
(Amount due excluding VAT * days of delay * 30) / (365 * 100)
The service provider will be entitled to immediately suspend the performance of services until full payment of the outstanding invoice is received, without such suspension being considered attributable to the service provider. In the event of non-payment, all documents must be returned immediately by the client to the service provider or will be deleted from the client’s servers. In the event of a payment delay exceeding two months, the service provider reserves the right to initiate legal proceedings 15 days after sending the client a formal notice to pay that remains unanswered. The client waives any right to claim compensation from the service provider for the suspension of services due to a payment default.
Article 5: Performance of services
The service will only commence after confirmation of the deposit payment, unless otherwise specified. The client must ensure the service provider has access, particularly if they are not personally present on the day the service is to be performed. The client must provide the service provider with all necessary technical information no later than the agreed-upon deadline.
If this technical information is not provided, the service provider reserves the right to delay or cancel the client’s order. If the client fails to provide this technical information by the agreed deadline, the service provider may proceed with the service order without the client being able to claim that one or more technical conditions are inapplicable.
Article 6 : Force majeure
The Client shall not hold the SARL liable or terminate its commitment in the event of force majeure. Force majeure is defined as any event that renders the performance of an obligation either impossible or manifestly more difficult due to its unforeseeable, irresistible, or external nature. Examples of force majeure events include, but are not limited to, power outages, disruptions to telecommunications and computer networks, natural phenomena such as tornadoes, floods, hurricanes, and earthquakes; the spread of a virus classified by the authorities as stage 3 of the epidemic; the use by a State or terrorist group of weapons of any kind that disrupt the continuity of business relations; large-scale national social movements; the declaration of martial law; or a government’s decision, with or without the participation of its allies, to implement a maritime, air, and/or land blockade. The partial or total continuation of lockdown or the state of health emergency. The above events may occur in any territory where this contract is to be performed. In any event, the parties will make every effort in good faith to take all reasonably possible measures to continue performing the services.
Article 7: Customer Obligations
To facilitate the proper execution of the services, the client agrees:
• to provide the service provider with complete and accurate information and documents within the necessary timeframes, without the service provider being required to verify their completeness or accuracy;
• to make decisions in a timely manner and obtain the necessary hierarchical approvals;
• to notify the service provider directly of any potential difficulties related to the execution of the services;
The client will provide the service provider, on a confidential basis, with all information that can be provided and that is necessary for understanding the products and services covered by the order.
The client guarantees the service provider against all consequences of any action arising from information or media provided by the client concerning its products or services. The client is therefore solely responsible to the service provider and third parties for the information and media it transmits to the service provider, particularly regarding the name, image rights, usage rights, composition, qualities, and performance of the service covered by the order. The service provider is also responsible for complying with all applicable laws and regulations.
Consequently, the service provider cannot be held liable for projects submitted to the client and approved by them, particularly in the event of a liability claim. The client indemnifies the service provider and will compensate them in the event of any legal action and/or judgment against them resulting from the client’s breach of their obligations, without prejudice to the service provider’s right to full compensation for any damages suffered. The client uses their website and social media under their sole control. The client cannot hold the service provider liable for any direct or indirect damages related to the operation of the website. The client guarantees that the use of the services will not constitute unfair competition in any way.
Article 8: Client Satisfaction
For five days following delivery of the final work, the client may request one to three minor modifications. The service provider agrees to make these modifications to the extent that they are deemed feasible. The service provider reserves the right to advise the client on modifications deemed inappropriate. All such modifications, included in the package, must be implemented within a maximum of 5 days of delivery. Failure to do so, and without feedback from the client, will result in the cancellation of the package.