Article 1: General provisions of the general conditions of sale

These General Conditions of Sale (GTC) constitute the governing agreement during its term,

In the absence of a contract concluded between the service provider and its client, the services provided are subject to the general conditions of sale described below.

Any order placed as well as any contract concluded with MONTEMIX STUDIO implies the full and complete and unreserved acceptance of the customer to these general conditions of sale. The fact that the service provider does not implement one or the other clause established in its favor in these conditions cannot be interpreted as a waiver on its part to avail itself of it.

 

Article 2: Nature of benefits and services

• Voice recording, dubbing, instrument

• Mixing and Mastering

• Audio post-production service

 

Article 3: Quote and order

MONTEMIX STUDIO intervenes at the express request of the customer by email, telephone or on the website *.

An estimate or descriptive sheet equivalent to a contract is produced for any service.

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The quote sent by the service provider to the customer specifies:

• The nature of the service,

• The price of the service excluding taxes,

• The amount of any discounts and rebates,

• Payment terms,

• The schedule detailing the actions and obligations of the client and the service provider, as well as the deadlines for completion,

• The reminder of the full and entire adherence of the customer to the general conditions of sale.

 

To confirm his order in a firm and definitive manner, the customer must return to us by email at studio.montemix@gmail.com this mission letter or without any modification:

• Either by e-mail with the expression of the customer's consent.

• Either by mailstal duly signed and dated with the mention "Good for agreement" of the legally responsible person as well as the commercial stamp,

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The order will be validated only after return of the letter of engagement worth contract, accepted and signed, accompanied by the payment of the installment possibly requested. In the absence of receipt of the customer's agreement and the deposit, or from the expiry date of the quote, the quote proposal is considered canceled and MONTEMIX STUDIO reserves the right not to start its service. .

The validation of the order implies the full and complete and unreserved acceptance of the customer to these general conditions of sale. Validation of the order or payment of a deposit constitutes a firm commitment by both parties. Consequently, the obligation for the customer to go until the end of the service and for

MONTEMIX STUDIO to provide the deliverable of the service ordered.

 

Article 4: Price

The prices of the services and benefits are those detailed in the quotes or contracts, accepted by the customer. They are expressed in euros and are not subject to VAT. Prices can be calculated on a flat rate, hourly, recruitment or daily basis. It is agreed between the parties that payment by the client of all of the service provider's fees constitutes receipt and final acceptance of the services. Under no circumstances may the price of the service be renegotiated after the service has been performed.

 

Article 5: Methods of payment

Deposit and balance invoices are payable upon receipt. Payment is made by check, bank transfer or credit card. No discount will be granted in the event of early payment.

The period agreed between the parties to settle the sums due may not exceed forty-five days end of month or sixty days from the date of issue of the invoice.

 

Article 6: Late payment

Any delay or non-payment will automatically result in:

• The immediate payment of any sum remaining due.

• The calculation and payment of a late payment penalty in the form of interest at a rate equivalent to three (3) times the legal interest rate in force on the day of invoicing of the services.

• This penalty is calculated on the amount excluding taxes of the sum remaining due, and runs from the day following the date of payment shown on the invoice, until its total payment, without any reminder or prior formal notice being given. required. The applicable rate is calculated pro rata temporis.

• The right for MONTEMIX STUDIO to suspend the performance of the current service and to suspend any new order or delivery.

• Collection costs will be borne by the customer.

 

Article 7: Duration and termination

The duration of the services is defined in the estimate or the engagement letter equivalent to the contract. Each of the parties may immediately terminate the contract in the event of cessation of activity by one of the parties, cessation of payment, receivership, judicial liquidation or any other situation producing the same effects after sending a formal notice addressed to the court-appointed administrator (or liquidator) that has remained unanswered for more than a month, in accordance with the legal provisions in force.

In the event of the expiry of the term or termination of the contract:

• The service contract will automatically end on the corresponding date,

• MONTEMIX STUDIO is released from its obligations relating to the subject of this contract on the date of termination or expiry of the contract,

• MONTEMIX STUDIO undertakes to return to the customer no later than thirty (30) working days following the termination or expiry of the contract, all the documents or information provided by the customer.

In the event of termination of the agreement by the customer, the sums corresponding to the services provided up to the date on which the termination takes effect and not yet paid will be due by the customer.

 

Article 8: Force majeure

No party may be considered in default in the performance of its obligations and see its liability incurred if this obligation is affected, temporarily or permanently, by an event or a cause of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code, independent of its will and which is beyond its control, such as in particular, for information and not limitation : natural disasters, government restrictions, social unrest and riots, wars, malicious intent, damage to the service provider's premises, EDF service interruptions of more than two days, failure of computer equipment, long-term absence (accident or illness).

Within a maximum of five (5) working days of the occurrence of such an event, the defaulting party due to force majeure undertakes to notify the other party by registered letter with acknowledgment of receipt and to provide proof thereof. The defaulting party will make every effort to eliminate the causes of the delay and will resume performance of its obligations as soon as the case invoked has disappeared.

However, if the cause of force majeure persists beyond a period of fifteen (15) working days from the date of receipt of the notification of the case of force majeure, each party shall have the right to terminate the agreement, without award of damages. Said termination will take effect on the date of receipt by the other party of the letter of termination sent by registered mail with acknowledgment of receipt. In the event that the agreement is terminated by the client due to force majeure, the client must pay the service provider all amounts due up to the date of termination.

 

Article 9: Obligations and confidentiality

MONTEMIX STUDIO is committed to:

• Respect the strictest confidentiality concerning the information provided by the client, and designated as such

• Do not disclose any information on the services provided for its customers,

• Return any document provided by the client at the end of the mission,

• Sign a confidentiality agreement if the client wishes.

The clauses of the contract signed between the parties are deemed confidential, and as such cannot be communicated to unauthorized third parties.

The customer agrees to:

• Respect the dates and times of the appointments set for the smooth running of the subscribed device: any action not honored but not canceled within forty-eight (48) hours preceding the date of its completion remains due to MONTEMIX STUDIO. The subsequent completion of this action will result in its payment in addition.

• Make every effort to reschedule actions canceled with the forty-eight (48) hour notice mentioned within a timeframe consistent with the smooth running of the system.

 

Article 10: Responsibilities

Considering the nature of the services provided, the obligation of MONTEMIX STUDIO is an obligation of means. MONTEMIX STUDIO undertakes to perform the services in accordance with the rules of the art and in the best manner, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions.

The client undertakes to make available to MONTEMIX STUDIO within the agreed deadlines, all the information and documents essential for the proper performance of the service as well as for a good understanding of the problems posed.

MONTEMIX STUDIO cannot be held liable for:

• An error caused by a lack of information or incorrect information provided by the customer,

• A delay caused by the customer which would make it impossible to meet the deadlines agreed or prescribed by law.

The liability of MONTEMIX STUDIO, if proven, will be limited to half of the total sum excluding taxes actually paid by the customer for the service provided by the service provider on the date of the complaint by registered letter with acknowledgment of receipt.

Each of the parties is liable to the other for any breach of the obligations imposed on it.

 

Article 11: Ownership of the work carried out

The totality of the production and the rights relating thereto, subject of the order, remains the entire and exclusive property of MONTEMIX STUDIO as long as the invoices issued by it are not paid in full by the customer, up to the total amount of the order and any amendments concluded during the service.

As a corollary, the client company will become the de facto owner of the production and the rights transferred from the final payment and settlement of all the invoices issued by MONTEMIX STUDIO within the framework of the order.

Unless otherwise stated on the quote or the order, the production files and sources remain the property of the creator. Only the finished product will be sent to the customer. In the absence of such mention and if the client wishes to have the sources of the documents, an amendment to this document must be requested.

 

Article 12: Copyright and commercial notices AntheDesign.fr

Unless explicitly stated otherwise by the client, MONTEMIX STUDIO reserves the right to include in the production a commercial statement clearly indicating its contribution, such as the formula 'Made by MONTEMIX STUDIO' accompanied, when the medium allows it, by a hypertext link pointing to the commercial site of its activity *.

 

Article 13: Right of publicity

Unless explicitly stated otherwise by the customer notified by mail with acknowledgment of receipt, MONTEMIX STUDIO reserves the right to mention its achievements for the customer on its external communication and advertising documents (website, portfolio, social networks, etc.) and during of its commercial prospecting efforts.

The customer must provide, if the medium allows, several copies of the finalized production.

 

Article 14: Disputes

These general conditions of sale of the micro-enterprise of Mr. Valentin Montagne and the letter of engagement (Contract) signed between the parties are governed by French law.

In the absence of an amicable resolution, any persistent dispute between the parties regarding the execution or interpretation of the general conditions of sale and the contract will fall within the jurisdiction of the court.