A solid foundation right from the start. Getting off to a good start is the key to a successful partnership. These terms and conditions are your guarantee of a good working relationship.
My mission: to facilitate the use of a voice-over artist in your production. To be your privileged 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 requirements, understand and anticipate your problems, and if I’m not the right voice-over artist, I can manage the artistic and technical direction of your project, organizing a quality voice-over casting for you.
ARTICLE 1 – PURPOSE
Mrs. Estelle Hubert, born July 28, 1973, in Besançon, France, a French national, working as an actress, interpreter and professional voice-over artist under SIRET number 42045465400039 at the following address, 147 rue de Dunkerque 62500 Saint Omer France (hereinafter referred to as “the Female Voice-Over Actress”) provides voice interpretation services, voice interpretation consulting, vocal identity development, audio production and audio communication elements, coaching, career coaching, voice over agent services for professional and private clients (hereinafter referred to as the “Client”).
These general terms and conditions of sale apply to all services provided by the actress Voix Off femme to the Customer and detail the rights and obligations of both parties. The customer acknowledges having read and accepts the general terms and conditions of sale available on the voice-over actress’s website and under this link, which govern the commercial relationship, even in the absence of a signed quotation.
The Customer’s order of a service from the actress Voix Off femme implies and entails the Customer’s unreserved acceptance of these general conditions of sale. They shall prevail over any previous conditions of sale, as well as over any clauses and conditions of purchase that the Customer may apply. Any special conditions agreed between the comédienne Voix Off femme and the Customer are the only exceptions to these terms and conditions.
ARTICLE 2 – PRICES
For all requests for services, Voix Off femme will draw up a quote including a price proposal valid for 1 month from the date the quote is sent or presented to the customer. The rates quoted are firm and non-revisable during this 1-month period. After this period, they may be modified and a new quote will be drawn up by Voix Off femme if necessary.
All prices are in euros and are exclusive of VAT at the standard rate in force at the time the service is invoiced. The prices of the services offered by the actress Voix Off femme are those in force on the day the order is taken by the Customer and which appear in the estimate. Any service not included in the initial quote will be subject to an additional quote.
The quotation is considered valid upon receipt by Voix Off femme of the document, dated and signed by the Customer. It is expressly agreed that sending the signed quote implies the Customer’s unreserved acceptance of and agreement to the terms of the quote, the rates indicated and these general terms and conditions of sale. The accepted quotation is firm and non-revisable.
ARTICLE 3 – TERMS OF PAYMENT
Payment terms: Invoices issued by Voix Off femme are payable by the Customer, on receipt of invoice, in cash, net of discount.
Payment of Voix Off femme’s invoices by the Customer is made exclusively by bank transfer.
Any delay in payment will give rise ipso jure to late payment penalties calculated in accordance with the legal rules in force. The rate of late payment penalties 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 amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.
In addition to late payment penalties, any sum not paid by the due date will automatically give rise to the payment of a flat-rate penalty of 40 euros to cover collection costs in accordance with article D. 441-5 of the French Commercial Code, without prejudice to possible compensation, under the conditions of common law, for any other damage directly resulting from the delay.
ARTICLE 4 – RESOLUTORY CLAUSE
If, within fifteen days of the implementation of the article “Terms of payment”, the Customer has not paid the outstanding sums, the actress Voix Off femme shall be entitled to terminate her services, notwithstanding the right to claim compensation for any loss suffered.
ARTICLE 5 – INTELLECTUAL PROPERTY
The services provided by the Voix Off femme actress for the Customer are protected by the neighbouring rights of performers as defined by the French Intellectual Property Code. La comédienne Voix Off femme declares that she has ensured that she holds all rights relating to the elements used within the framework of the services ordered by the Customer.
The Customer declares that he has ensured that he holds all rights relating to the elements that he may be required to make available to the actress Voix Off femme.
Failing this, each party will indemnify the other and bear all consequences arising therefrom, and will hold the other party harmless against all claims. Consequently, the defaulting party will be liable for all damages and interest to which the other party may be condemned as a result of an act of infringement, unfair competition or parasitism, as well as all costs and fees of any kind incurred by the latter to defend itself, where applicable. The Customer expressly agrees not to use any part of the recording or performance of the Female Voiceover Actor 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 Customer shall not use any recording or performance of the Talent to simulate the voice or appearance of the Female Voiceover Actor, or to create a “digital double” voice or appearance of the Female Voiceover Actor. The Customer specifically agrees not to sell or transfer ownership of all or part of the recordings or the la comédienne Voix Off femme to any third party without the knowledge and consent of la comédienne Voix Off femme. The Customer agrees not to enter into any agreement or contract on behalf of the comedienne Voix Off femme that uses all or part of the recordings or performance without the knowledge and consent of the comedienne Voix Off femme. The Customer agrees that any recordings or performances stored in digital format will be reasonably stored in such a way that unauthorized third parties cannot access the files containing the Female Voiceover Actor’s voice or appearance, and if such files are stored “in the cloud”, the Customer agrees to protect them by encryption or other “up to date” technological means.
All services ordered by the Customer remain the full and exclusive property of La comédienne Voix Off femme until invoices issued by La comédienne Voix Off femme are paid in full by the Customer.
In return for payment of all sums due, the comedienne Voix Off femme transfers to the Customer her performer’s ancillary economic rights to the creations she has made for him, solely for the purpose and destination agreed upon when the quotation is signed and thus identified in the quotation. Any adaptation or exploitation for any other purpose is forbidden without the prior and express authorization of the actress Voix Off femme.
Performer’s rights to preliminary drafts, mock-ups, proposals and work supports that the Voix Off femme actress may have developed as part of the project or discussions are not transferred to the Customer and remain the exclusive property of the Voix Off femme actress, whether or not the deal is concluded.
The only rights assigned are those relating to the services identified in the quotation, ordered and paid for by the Customer. The related economic rights thus assigned include the right of fixation, reproduction and representation.
The right of fixation assigned covers any recording made from the live performance of the Voix Off femme actress as part of the services ordered by the Customer.
The reproduction right granted includes the direct or indirect reproduction, by any technical process known or unknown, current or future, on any medium and on any private or open, national or international telecommunications network (in particular internet, extranet, intranet), of all or part of the creations made by the actress Voix Off femme as part of the services ordered by the Customer.
The representation right granted 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, present or future, for any use and in unlimited numbers.
the Voix Off femme actress assigns the aforementioned neighbouring economic rights to the Customer, who may use them for commercial, advertising and promotional purposes.
The assignment of performer’s economic rights is concluded for French territory and for the entire duration of the related rights pertaining to creations recognized under French law.
Unless there is a prior written agreement between the Parties, the name of the female Voix Off actress will be credited by the Customer and will appear at the end of the creation produced for the Customer.
ARTICLE 6 –LIABILITY
The information provided by the customer is binding: in the event of error or inaccuracy, the actress Voix Off femme cannot be held responsible, and any additional costs incurred will be charged to the customer.
The obligations of the Voix Off femme actress are obligations of means.
Voix Off femme cannot under any circumstances be held responsible for the commercial success or failure of the projects she has developed for the Customer and the financial consequences thereof for the Customer, the latter refusing to make subsequent payment for Voix Off femme’s services contingent upon the commercial success of her project.
ARTICLE 7 – RIGHT OF PUBLICITY
Unless explicitly stated otherwise by the Customer, the actress Voix Off femme reserves the right to mention her work for the Customer as a reference.
la comédienne Voix Off femme also reserves the right to re-use, adapt and modify all or part of the services provided for the Customer, in the context of its commercial prospecting and external communication, in accordance with the practices of the communication professions and in strict compliance with the Customer’s rights to its image, its brand and the image of its members.
ARTICLE 8 – DURATION
The contract between the Customer and the actress Voix Off femme is concluded for the duration specified in the quote. This duration is firm and is not tacitly renewable.
The Customer undertakes to make every effort to provide, at the express request of the actress Voix Off femme , any information in his or her possession that may contribute to the proper execution of the services, as well as any elements likely to modify the timetable for their completion.
Failing this, and in the event of no return from the Customer for 15 days following a request from Voix Off femme by registered mail with acknowledgement of receipt, Voix Off femme reserves the right to terminate the service contract and invoice the Customer for the work carried out, without prejudice to possible compensation for any other damage resulting directly from the Customer’s behavior.
In the event of material and/or technical impossibility of providing the service, the Voix Off femme actress and the Customer will do their utmost to inform the other party as soon as possible, so that the date of the service can be postponed to a later date, under the best possible conditions.
However, if the postponement is impossible due to the Customer’s fault, the amount paid as a deposit will be retained by the actress Voix Off femme, without prejudice to any compensation for any other damage resulting directly from the Customer’s fault, and the actress Voix Off femme reserves the right to invoice the Customer for any work already carried out.
In the event of cancellation by the Voix Off femme actress, she must reimburse the deposit incurred by the customer.
ARTICLE 9 – DELIVERY – RETURN
Services are delivered free of charge by Internet download and/or by e-mail to the address provided by the Customer at the time of ordering. La comédienne Voix Off femme declines all responsibility if the Customer does not receive the e-mails sent to him/her (in particular in the event of anti-spam software, computer and/or Internet access problems blocking the reception of e-mails, etc.).
In the event that delivery by electronic means is not possible, Voix Off femme and the Customer will do their utmost to inform the other party as soon as possible, in order to agree on a postal shipment at the Customer’s expense, 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 to be specified when the order is placed).
At the end of the service, or in the event of early termination, the Voix Off femme actress undertakes to return to the Customer any working documents that may have been handed over during the service, as well as the elements produced.
la comédienne Voix Off femme undertakes to maintain technical support for the project for a period of 6 months from delivery, at the end of which the Customer may no longer request a copy, subject to cases of force majeure as defined in the present terms and conditions of sale.
ARTICLE 10 – PERSONAL DATA
When the actress Voix Off femme processes the personal data of its customers and determines the purposes and means of processing this data, it has the status of data controller in application of the regulations in force.
In this capacity, it informs the Customer that the personal information it collects by means of the quotation (i.e. surname, first name, date of birth, address, telephone number, e-mail address, bank details, etc.) is recorded in its customer file and mainly used for the proper management of relations with the Customer and the processing of orders.
The personal information collected will be kept for as long as necessary to process the customer’s order, unless: A longer retention period is authorized or imposed by a legal or regulatory provision; The customer has exercised, under the conditions set out below, one of his or her rights under the law. Access to personal data is strictly limited to employees and agents of the actress Voix Off femme , authorized to process such data by virtue of their functions.
The information collected may be communicated to third parties linked to Voix Off femme by contract for the performance of subcontracted tasks necessary for the management of the order, without the Customer’s authorization being required. It is specified that, within the framework of the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in compliance with the provisions of the applicable legislation on the protection of personal data.
Apart from the cases set out above, the Voix Off femme actress undertakes not to sell, rent, transfer or give access to third parties to data without the Customer’s prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
Some of the recipients of the personal data collected are located outside the European Union. The customer is informed that guarantees have been taken to ensure an adequate level of protection for personal data.
In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms, and European Regulation no. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018), the Customer has the right to access, rectify, port and delete his/her data or to limit the processing. They may also, on legitimate grounds, object to the processing of data concerning them.
The Customer may, subject to production of valid proof of identity, exercise his rights by contacting _Estelle Hubert, 0680206456, contact@estellehubert.com. If the Customer does not wish to receive promotional messages and invitations by e-mail, SMS, telephone or post, he/she can indicate this choice when finalizing the order, or modify his/her choice by contacting the actress Voix Off femme under the conditions mentioned above, or by using the unsubscribe links provided in the messages.
For further information or to make a complaint, customers may contact the Commission Nationale de l’Informatique et des Libertés (more information at www.cnil.fr). “
ARTICLE 11 – FORCE MAJEURE
La comédienne Voix Off femme may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of the French Civil Code.
ARTICLE 12 – JURISDICTION
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. Failing amicable resolution, the defendant’s court will have sole jurisdiction for any dispute relating to the interpretation and performance of a contract and its consequences.