GENERAL TERMS AND CONDITIONS OF SALES
A strong foundation from the beginning. Starting off on the right foot is a step towards the success of our partnership. These general terms and conditions of sale ensure a high-quality collaboration. My mission is to facilitate the implementation of voice-over in your project. To be your preferred partner, the one you turn to first when you need a French voice-over actress, because you know you can count on her. I always have a solution to meet your needs, understand and anticipate your concerns, and if I'm not the right voice-over artist, I know how to manage the artistic and technical direction of your project, by organizing a quality voice-over casting for you.
Article 1 - Purpose
Mrs. Estelle Hubert, born on July 28th, 1973, in Besançon, of French nationality, working as an actress, interpreter, professional voice-over artist registered under the SIRET number 42045465400039 at the following address, 147 rue de Dunkerque 62500 Saint Omer France (hereafter referred to as the "the French female Voice-Over actress"), provides vocal interpretation services, advice on vocal interpretation, development of vocal identity, audio production, audio communication elements, coaching, career coaching, and voice-over agent services to professional or individual clients (hereafter the "Client"). These general terms and conditions of sale apply to all services provided by “the French female Voice-Over actress” to the Client and detail the rights and obligations of each party. The Client acknowledges having read and accepted the general terms and conditions of sale available on the French female Voice-Over actress's website and at this link, which govern the commercial relationship, even in the absence of a signed estimate. The Client's order of a service from the French female Voice-Over actress implies and entails the Client's unconditional acceptance of these general terms and conditions of sale. They shall prevail over any prior sales terms and conditions as well as any purchasing clause and condition that the Client may use. The only exceptions to these terms and conditions are the specific conditions that may have been agreed upon between the French female Voice-Over actress and the Client.
Article 2 - Prices
For any service request, the French female Voice-Over actress prepares a quote with a valid price proposal for one month from the date of sending or presenting the quote to the Client. The indicated prices are firm and not subject to revision during this one-month period. After this period, they may be modified, and a new quote will be prepared by the French female Voice-Over actress if necessary. All prices are in euros and do not include taxes, to which the VAT at the normal rate in effect at the time of invoicing the service will be added. The prices of the services offered by the French female Voice-Over actress are those in effect on the day the Client places the order, as stated in the quote. Any service not included in the initial quote will require an additional quote. The quote is considered validated upon receipt by the French female Voice-Over actress of the document dated and signed by the Client. It is expressly agreed that the sending of the signed quote constitutes acceptance and unconditional adherence by the Client to the terms of the quote, the indicated prices, and these general terms and conditions of sale. The accepted quote is firm and not subject to revision.
Article 3 - Payment Conditions
Payment Term: Invoices issued by the French female Voice-Over actress are payable by the Client, upon receipt of the invoice, in cash, net of discount. The payment of invoices from the French female Voice-Over actress by the Client is exclusively in euros, either by bank transfer. Any delay in payment shall automatically entail late payment penalties calculated in accordance with the legal rules in force. The rate of the late payment penalty is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 5 points. This penalty is calculated on the inclusive amount of the outstanding sum and runs from the due date of the price without any prior notice being required.
Article 4 - Resolutive Clause
If, within fifteen (15) days following the implementation of the "Payment Terms" article, the Client has not paid the outstanding amounts, the French female Voice-Over actress shall be entitled to terminate her services, without prejudice to the right to claim compensation for any damages suffered.
Article 5 - Intellectual Property
The services provided by the French female Voice-Over actress to the Client are protected by the neighboring rights of performing artists as defined by the Intellectual Property Code. The French female Voice-Over actress declares that she has ensured that she has all the rights relating to the elements used in the context of the services ordered by the Client. The Client declares, for its part, that it has ensured that it has all the rights relating to the elements that it may be required to make available to the French female Voice-Over actress. In the event of any failure to do so, each party shall indemnify the other and bear all the consequences that may result therefrom, and shall guarantee the other party against any claim. Consequently, the defaulting party shall bear all damages and interest to which the other party may be liable due to an act of counterfeiting, unfair competition or parasitism, as well as all expenses and fees of any kind incurred by the other party to ensure its defense, if necessary. The Client expressly agrees not to use any part of the recording or the performance of the French female Voice-Over actress for any purpose other than those specified in the initial Agreement between the parties, including, but not limited to, the creation of synthetic voices or for machine learning. In particular, the Client shall not use any recording or performance of the Talent to simulate the voice or appearance of the French female Voice-Over actress, or to create a "digital double" voice or appearance of the French female Voice-Over actress. The Client specifically agrees not to sell or transfer ownership of any part of the recordings or the French female Voice-Over actress to a third party without the knowledge and consent ofthe French female Voice-Over actress. The Client agrees not to enter into any agreements or contracts on behalf of the French female Voice-Over actress that use any part of the recordings or the performance without the knowledge and consent of the French female Voice-Over actress. The Client agrees that any recording or performance stored in digital format will be reasonably stored so that unauthorized third parties cannot access files containing the voice or appearance of the French female Voice-Over actress, and if such files are stored "in the cloud," the Client agrees to protect them by encryption or other up-to-date technological means. All services ordered by the Client remain the exclusive and full property of the French female Voice-Over actress until invoices issued by the French female Voice-Over actress are paid in full by the Client. In consideration of the full payment of all amounts due, the French female Voice-Over actress assigns to the Client her patrimonial neighboring rights as a performing artist on the creations she has made for him, solely for the purpose and destination that have been agreed upon at the time of signing the quote and identified in the quote. Any adaptation or exploitation for a purpose or destination other than that authorized by the French female Voice-Over actress is prohibited unless prior and express authorization is granted by the French female Voice-Over actress. The neighboring rights of the French female Voice-Over actress on the preliminary projects, demos, proposals, and working materials that she may have developed in the context of the project or negotiations are not assigned to the Client and remain the exclusive property of the French female Voice-Over actress, whether the deal is concluded or not. Only the neighboring economic rights related to the services identified in the quote, ordered and paid for by the Client, are assigned. The economic neighboring rights thus assigned include the right of fixation, reproduction, and representation. The right of fixation aims at any recording made from the live performance of the French female Voice-Over actress in the context of the services ordered by the Client. The right of reproduction includes direct or indirect reproduction, by any known or unknown technical means, current or future, on any medium and on any private or open telecommunication network, national or international (in particular, the internet, extranet, intranet), of all or part of the creations made by the French female Voice-Over actress in the context of the services ordered by the Client. The assigned right of representation corresponds to the right to represent, make accessible, distribute or communicate to the public, directly or indirectly, all or part of the creations, by any means known or unknown, current or future, for any use and without limit to the number of times. The French female Voice-Over actress assigns the aforementioned neighboring economic rights to the Client, who has the possibility to exploit them for commercial, advertising and promotional purposes. The assignment of performer's neighboring economic rights is concluded for the French territory and for the entire duration of the neighboring rights relating to the creations recognized by French law. Unless there is prior written agreement between the Parties, the name of the French female Voice-Over actress will be credited by the Client and will appear at the end of the creation made for the Client.
Article 6 - Liability
The information provided by the Client binds him/her: in case of error or inaccuracy, the French female Voice-Over actress cannot be held responsible, and any additional cost resulting from it will be borne by the Client. The obligations imposed on the French female Voice-Over actress are obligations of means. The French female Voice-Over actress cannot in any case be held responsible for the success or failure of the projects she has developed for the Client and its financial consequences for the Client, the latter refusing to make the payment of the French female Voice-Over actress's services conditional on the commercial success of the project.
Article 7 - Right to publicity
Unless otherwise explicitly stated by the Client, the French female Voice-Over actress reserves the right to mention her work for the Client as a reference. The French female Voice-Over actress also reserves the right to reuse, adapt and modify all or part of the services performed for the Client, within the framework of her commercial prospecting and external communication, in accordance with the practices of the communication professions and in strict compliance with the Client's rights on its image, brand and the image of its members.
Article 8 - Duration
The contract between the Client and the French female Voice-Over actress is concluded for the duration specified in the estimate. This duration is firm and is not automatically renewable. The Client agrees to use its best efforts to provide, upon express request from the French female Voice-Over actress, any information in its possession that is necessary for the proper execution of the services, as well as any elements that may modify their implementation schedule. In the event of the Client's failure to respond or provide requested information within 15 days following a request from the French female Voice-Over actress by registered letter with acknowledgment of receipt, she reserves the right to terminate the service contract and to invoice the Client for the work performed, without prejudice to the possible compensation for any other damages resulting directly from the Client's behavior. In the event of a material and/or technical impossibility to perform the service, the French female Voice-Over actress and the Client will do their utmost to inform the other party as soon as possible, so that the date of service delivery can be postponed to a later date, under the best possible conditions. However, if the postponement is impossible due to the Client's fault, the amount paid as a deposit will remain acquired by the French female Voice-Over actress, without prejudice to the possible compensation for any other damages resulting directly from the Client's fault. the French female Voice-Over actress also reserves the right to invoice the Client for the work already performed. In the event that the cancellation results fromthe French female Voice-Over actress, she shall refund the deposit paid by the Client.
Article 9 - Delivery - Return
The free delivery of services is carried out by internet download and/or by email to the address provided by the Client when placing the order. The French female Voice-Over actress declines all responsibility if the Client does not receive the emails that are sent to them (in particular in case of anti-spam software, computer problem and/or access to the Internet blocking the reception of emails...). In the event of impossibility to deliver electronically, the French female Voice-Over actress and the Client will do their utmost to inform the other party as soon as possible, in order to agree on a postal delivery at the expense of the Client, on digital media (download, CD-ROM, DVD-ROM, floppy disk, USB key, flash memory, or any other type of computer media) in the form of a WAV audio file or on request, MP3 (or other format specified when ordering). At the end of the service or in the event of early termination, the French female Voice-Over actress undertakes to return to the Client any working documents that may have been provided during her service, as well as any elements produced. The French female Voice-Over actress undertakes to keep a technical support of the project for a period of 6 months from the delivery, after which the Client will no longer be able to request a copy, subject to cases of force majeure as defined in these general terms and conditions of sale.
Article 10 - Personal Data
When the French female Voice-Over actress processes personal data of her clients and determines the purposes and means of the processing of this data, she is the data controller in accordance with the applicable regulations. In this capacity, she informs the Client that the personal information she collects through the quote (namely name, first name, date of birth, address, telephone, email address, bank details, etc.) is recorded in her client file and mainly used for the proper management of relations with the Client and the processing of orders. The personal information collected will be kept for as long as necessary for the processing of the Client's order, unless: A longer storage period is authorized or imposed by a legal or regulatory provision; The client has exercised, under the conditions provided below, one of the rights recognized by the legislation. Access to personal data is strictly limited to the employees and agents ofthe French female Voice-Over actress, authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to the French female Voice-Over actress by contract for the execution of subcontracted tasks necessary for the management of the order, without the Client's authorization being required. It is specified that, as part of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Outside the cases mentioned above, the French female Voice-Over actress undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the Client, unless she is compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.). Some of the recipients of the collected personal data are located outside the European Union. The Client is informed that guarantees have been taken to ensure a sufficient level of protection of personal data. In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978 amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018), the Client has the right to access, rectify, port and delete his data or limit processing. He may also, for legitimate reasons, object to the processing of data concerning him. The Client may, subject to the production of valid proof of identity, exercise his rights by contacting _Estelle Hubert, 0680206456, email@example.com. In the event that the Client no longer wishes to receive promotional messages and invitations via email, SMS messages, telephone calls, and postal mail, he has the possibility to indicate his choice when finalizing his order, to modify his choice by contacting the French female Voice-Over actress under the conditions mentioned above, or by using the unsubscribe links provided in the messages. For any further information or complaint, the Client may contact the National Commission for Data Protection and Liberties (more information on www.cnil.fr). "
Article 11 - Force Majeure
The responsibility of the French female Voice-Over actress cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unpredictable and irresistible event within the meaning of the Civil Code.
Article 12 - Jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable settlement, the Court of the defendant will have sole jurisdiction for any dispute relating to the interpretation and performance of a contract and its consequences.