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Terms & Conditions of sale

Terms & Conditions of sale on the 8th September 2020

 

 

 

This present document replace and cancel all previous conditions of sale which has the purpose to define modalities and conditions of sale.

 

AUTHOR-ARTIST term refers to Frederic-Jean ARU as provider of photographic services and holder of photographic rights.

 

BROADCASTER term refers to the customer, the broadcaster, the buyer, the sponsor of photo reports, of shootings and photography rights.

 

Any specific or additional conditions to these Terms & Conditions of sale must be the subject of an amendment to the contract in writing and approved by both parties.

 

No act of tolerance by the AUTHOR-ARTIST shall constitute a renunciation on his part of any of the present Terms & Conditions of sale..

 

The AUTHOR-ARTIST reserves the right to change, add or remove any terms of sale at any time without notice.

 

 

 

1.      The AUTHOR-ARTIST

THE AUTHOR-ARTIST is affiliated to AGESSA and to ARTISTS-AUTHORS URSSAF regimes.

 

Author remuneration social charges and Author’s notes of the AUTHOR-ARTIST are exempt from withholding tax and will be declared to the ARTISTS-AUTHORS URSSAF by the AUTHOR-ARTIST.

 

The BROADCASTER must pay its own social charges (1.1% BROADCASTER) directly to ARTISTS-AUTHORS URSSAF.

 

To do this, an artist's note, as well as all necessary informations will be provided to the BROADCASTER by the AUTHOR-ARTIST to settle the 1.1% BROADCASTER.

 

The 1.1% BROADCASTER amount will be clearly indicated to the BROADCASTER by the AUTHOR-ARTIST at each step.

 

An Author’s Expense Report will be submitted to the BROADCASTER for all necessary costs for the implementation of the service approved and requested by the BROADCASTER. The fees really paid must be settle to the AUTHOR-ARTIST by the BROADCASTER who will be obliged to reimburse it in totality.

 

Art photographs on sale are not subject to the 1.1% BROADCASTER, only the representation rights that have been contracted will be subject to the 1.1% BROADCASTER.

 

All legal informations on the AUTHOR-ARTIST and the BROADCASTER obligations are available on the AGESSA's website and on the ARTISTS-AUTHORS URSSAF's website.

 

  • Company name: Frederic-Jean ARU

 

 

  • Head office: Cente d'affaires Vannes - Laroiseau - 1 rue Anita Conti - 56000 VANNES - FRANCE

 

  • Legal status: Liberal

 

  • APE Code: 90.03B

 

  • Registration number (SIRET): 843 004 136 00019

 

  • RCS-VANNES

 

  • Intra-community VAT: FR 96 843004136

 

  • AGESSA N°: In awaiting

 

  • « Accepts payment of amounts due by cheques out to me in my capacity as a member of a Management Agency Approved by the tax administration ».

 

 

2.      Transfert principles

The reproduction, republication, distribution or exhibition of the AUTHOR-ARTIST works and photographs are subject to the collection of copyright according to the law of the 11th March 1957 (See text in chapter 13).

 

Transfer of these rights concerns only the specifically use contractually provided.

 

Any additional, subsequent or different use requires a new contract.

 

Modification or interpretation of the AUTHOR-ARTIST work or photographic creation may not, under any circumstances, be made without the consent of the AUTHOR-ARTIST.

 

The signature or the credit may not, under any circumstances, be deleted without the AUTHOR-ARTIST agreement.

 

The BROADCASTER has the obligation to mention the credit/copyright « Photography: Frederic-Jean ARU - Author-Artist Photographer » on all its reproduction and broadcasting mediums.

 

An idea proposed by the BROADCASTER does not constitute a creation in itself.

 

 

3.      Reproduction, broadcasting and representation rights

The reproduction, broadcasting and of representation rights are calculated for a precise reproduction quantity, broadcasting duration and exhibition that will have previously been defined contractually between the BROADCASTER and the AUTHOR-ARTIST.

 

Each different adaptation is the subject of a new assignment of copyright, a new contract must be contracted by the BROADCASTER to the AUTHOR-ARTIST.

 

For each new edition, the amount of the duties must be updated.

 

The rights are transferred for a precise medium within the quantitative and temporal scope that has been strictly delimited contractually between the BROADCASTER and the AUTHOR-ARTIST.

 

In order to allow the BROADCASTER to freely exploit the service provided in the framework of its activity, all the patrimonial rights relating to the creation of the AUTHOR-ARTIST will be entirely transferred to the BROADCASTER, for reproduction, the broadcasting and/or representation for the media specifically defined at the time of the order approved and signed by the BROADCASTER and the effective settlement of totally fees due.

 

 

4.      Commitments of parties

In general, the BROADCASTER and the AUTHOR-ARTIST undertake to collaborate actively in order to ensure the proper performance of the contract under the best conditions and to communicate all difficulties of which they are aware, as things progress, to allow the other party to take the necessary action.

 

 

4.1.   The Sponsor

To allow the AUTHOR-ARTIST to carry out his mission, the BROADCASTER commits to:

 

  • Establish a detailed specifications that will not be modified, unless agreed to both parties, after signature of the quotation.
     
    In the event of changes involving a substantial rework of the initial specifications, the latter will be invoiced in addition to the initial quotation.

 

  • Provide the quotation, the purchase order or the written confirmation (dated, signed and stamped) in accordance with the quotation terms and conditions of sale of the presented to the AUTHOR-ARTIST.

 

  • Provide all necessary elements for the proper contract performance (in particular in usable right formats according to the media concerned) and report to the AUTHOR-ARTIST all those of these elements that are not in the public domain so that the provider is constantly able to consider if necessary, the acquisition of relating reproduction rights if they have not been acquired by the BROADCASTER.
     
    In this capacity, only the responsibility of the BROADCASTER can be engaged.

 

  • Provide all necessary accreditations and authorisations when necessary for the proper contract performance.

 

  • Actively collaborate to the project success by bringing all necessary informations and documents in the useful time to the AUTHOR-ARTIST for the good appreciation of the needs and the good performance of the services.

 

  • Guarantee the AUTHOR-ARTIST against any action that could be brought against him because of the character of the data or information that would have been provided or chosen by the BROADCASTER.

 

  • Settle due amounts to the AUTHOR-ARTIST within the time limit specified.

 

  • Inform the AUTHOR-ARTIST of a possible competition with other providers.

 

  • To fully cover the costs of accommodation and travel/transport of the AUTHOR-ARTIST, as well as all costs incurred during long-term and/or far-off contracts.

 

 

4.2.   The AUTHOR-ARTIST

  • If necessary, the AUTHOR-ARTIST may intervene in the elaboration of the specifications, in conjunction with the BROADCASTER.

 

  • For the uses provided for under the contract, the AUTHOR-ARTIST guarantees that the creations are legally available and are not encumbered by the rights of third parties, employees or not of the AUTHOR-ARTIST for the uses provided under the contract.

 

  • As a matter of confidentiality and for the duration of this Agreement and even after its closure for whatever reasons, the AUTHOR-ARTIST commit to keep strictly confidential all information and documents of any kind relating to the BROADCASTER, he could have access in the context of the execution of the order.

 

 

5.     Contracts validation

All contracts involve adherence to these terms and conditions of sale.

 

Any validation of contracts entails your full acceptance of these terms and conditions of sale, without exception or reservation.

 

The AUTHOR-ARTIST reserves the right to refuse any order and any project in violation of the law and contrary to its moral values.

 

All provided informations and confirmation recorded will be proof of the transaction.

 

You claim to be fully aware of it.

 

 

6.      Settlement

The fees for the services must be paid no later than the month following the invoice and not according to the supplier commercial regulations.

 

The AUTHOR-ARTIST will ask for a deposit of 50% of the total amount Excluding Taxes when signing the quotation.

 

Travel is free of charge (excluding travel and accommodation costs for huge travel, specific equipment rental or provision that is the responsibility of the sponsor).

 

Once the performance is completed, the Author’s note, the 1.1% BROADCASTER declaratory slip , as well as the nominative list of authors will be provided for settlement to the ARTISTS-AUTHORS URSSAF of the BROADCASTER part.

 

The certificate of withholding exemption may be sent to the BROADCASTER who request to the AUTHOR-ARTIST.

 

 

6.1.   Settlement of fringe expenses

Fringe exepses must be settled at the submission of the expense report.

 

Fringe expenses include equipments, photography prints, shipping/delivery expenses , specific equipment rental or acquisition, and any additional fringe expenses or any other necessary items to the accomplishment of the order that have been approved and requested by the BROADCASTER.

 

The fringe expenses really paid by the AUTHOR-ARTIST will be presented to the BROADCASTER with the VAT, as well as all evidence document photocopies.

 

 

6.2.   Delay in settlement

Any delay in settlement will automatically entail, 3 times the legal interest rate, plus, according to decree no. 2012-1115 of the 2sd October 2012, a lump sum indemnity of 40 € for recovery costs, payable the day following the due date.

 

 

7.      Advertising rights

Under the AUTHOR-ARTIST moral right on his creation, the BROADCASTER authorises the AUTHOR-ARTIST to mention this creation as a reference and example of the AUTHOR-ARTIST’s creations on all commercial documents, advertisings, website, social networks of the latter.

 

It is agreed that in the event of a specific operation of the BROADCASTER, and only in the context of the smooth running of its activity, the BROADCASTER may request a confidentiality period from the AUTHOR-ARTIST which may only be applied upon acceptance of the latter.

 

 

8.      Breach of contract

In the event of breach of the contract before its term by the BROADCASTER or the AUTHOR-ARTIST, the BROADCASTER formally commit to regularise and remunerate the relating amounts to the current calendar, the positions realised or in progress, and the additional services carried out.

 

All copyright remains the exclusive and entire property of the AUTHOR-ARTIST, with the exception of informations provided by the BROADCASTER.

 

File and data sources, as well as post-production parameters created by the AUTHOR-ARTIST cannot therefore be claimed by the BROADCASTER without a financial contribution.

 

Photographs and original works remain the property of the author, in the same way of rejected projects.

 

These documents must be returned undamaged or destroyed in his presence and at his request.

 

 

8.1.  Incapability for work

In the event of incapacity for work, as a result of illness or accident, the AUTHOR-ARTIST reserves the right to break the contract, and/or modify the current calendar without the settlement of compensation being required by the BROADCASTER.

 

It is recognised that the AUTHOR-ARTIST must notify the BROADCASTER on the first working day of his incapacity.

 

 

8.2.   Responsibility limitations

The responsibility of the AUTHOR-ARTIST for the services will be entirely released from the order delivery.

 

If the present contract could not be realised in whole or in part, because of causes beyond the AUTHOR-ARTIST control, its responsibility could not be engaged.

 

In all cases, the possible liability of the AUTHOR-ARTIST, will not result in compensation greater than the amount settled by the BROADCASTER for the provided services in this contract.

 

The AUTHOR-ARTIST will provide his services in compliance with the rules of art and ethics in use in the profession, it is expressly agreed that he will be bound only to a general obligation of means.

 

 

9.      Specific conditions for Art Photographs

 

For the terms and conditions of sale of Art Photographs, refer to the Purchase order.

 

 

10.     Applicable law in the event of disputes

These Terms and Conditions of Sale are subject to French law.

 

Any differences relating to the interpretation, carrying out or validity of this contract shall be subject to the exclusive jurisdiction of the commercial court recover within the provider’s head office.

 

 

11.     Private datas

The AUTHOR-ARTIST reserves the right to collect personal information about you.

 

They are necessary for the management of your purchase order, as well as for the improvement of services and information.

 

They are in no case transmitted to any third party.

 

These informations and datas are also stored for security purposes, in order to comply with legal and regulatory obligations.

 

In accordance with the modified law of 6th January 1978, you have the right to access, rectify and oppose personal information and personal data concerning you by email or mail.

 

 

12.    Archiving proof

The AUTHOR-ARTIST will archive purchase order and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.

 

The AUTHOR-ARTIST’s computerised records will be considered by all parties as proof of communications, purchase orders, settlements and transactions between the parties.

 

 

13.     Excerpts from Law n° 57-298 of the 11th March 1957 on artistic property (O.J. of the 14th March 1957) of Authors rights.

 

 

13.1.  Article 1

The author of a work of the spirit enjoys over that work, solely by virtue of its creation, an exclusive and enforceable intangible right of ownership.

 

This right includes intellectual and moral attributes, as well as heritage attributes, which are determined by this Act.

 

The existence or conclusion of a contract of hire of a work or service by the author of a work of the spirit shall not entail any derogation from the enjoyment of the right recognised by the first paragraph.

 

 

13.2.  Article 2

The provisions of this Act protect the rights of authors in all works of the spirit, whatever their kind, form of expression, merit or destination.

 

 

13.3.  Article 3

Works of the mind within the meaning of this Law shall include: books, brochures and other literary, artistic and scientific writings; drawing work, painting, architecture, sculpture, engraving, lithography, photographic works of an artistic or documentary character or those of the same nature obtained by a process analogous to photography; applied art works, illustrations, geographical maps; plans, sketches and plastic structures relating to geography, topography, architecture and science.

 

 

13.4.  Article 6

The author shall have the right to respect for his name, quality and work.

 

This right is attached to his person. It is perpetual, inalienable and imprescriptibly.

 

It is transmissible by death to the heirs of the author.

 

The exercise may be conferred on a third party under the testamentary provisions.

 

 

13.5.  Article 7

The work is deemed to be created, regardless of any public disclosure, solely because of the realisation, even unfinished, of the author’s conception.

 

 

13.6.  Article 8

Unless proven otherwise, authorship belongs to the person or persons under whose name the work is disclosed.

 

 

13.7.  Article 9

It is called a work of collaboration, the work of which several natural persons have contributed.

 

Is called composite, the new work to which is incorporated a pre-existing work without the collaboration of the author of the latter.

 

A work created on the initiative of a natural or legal person who publishes it shall be known as a collective work, publishes and discloses it under his direction and under his name, and in which the personal contribution of the various authors involved in its development is based on the whole of which it is designed, without it being possible to assign to each of them a separate right over the completed set.

 

 

13.8.  Article 21

The author enjoys, throughout his life, the exclusive right to exploit his work, in any form whatsoever and to derive a pecuniary profit from it.

 

Upon the death of the author, this right shall continue for the benefit of his rights-holders during the current calendar year and the following fifty years.

 

For collaborative work, the calendar year taken into consideration is that of the death of the last living of the associates.

 

For exploitation of the author’s economic rights.

 

 

13.9.  Article 26

The right of exploitation belonging to the author includes: the right of representation, the right of reproduction.

 

 

13.10. Article 27

The representation consists in the direct communication of the work to the public, in particular by means of: public presentation, dissemination of images by any process whatsoever.

 

 

13.11. Article 28

Reproduction consists in the material fixation of the work by all the processes that allow it to be communicated to the public in an indirect way.

 

It may be carried out in particular by printing, drawing, engraving, photography, moulding and any process of graphic and plastic arts, mechanical, cinematographic, magnetic or electronic recording.

 

 

13.12. Article 35

The transfer by the author of his rights to his work may be total or partial.

 

It must include, for the benefit of the author, a proportionate share in the revenue from the sale or exploitation.

 

 

13.13. Article 38

The assignment clause which tends to confer the right to exploit the work in a form which is not foreseeable or foreseen at the date of the contract must be express and stipulate a corresponding participation in the profits of the exploitation.