Article 1 – Contract definition :
This contract is intented to define the relationship between the service provider and the client for the realization of a project (photo and/or video and/or editorial and/or other) according to specifications drawn up with the same client.
Article 2 – Functionnal specifications :
The functional specifications have been established under the responsibility of the customer. It presents the formalities and characteristics of the project as desired by the client; It defines the different phases of the project. These specifications will no longer be subject to modifications unless agreed to by the parties after having been approved by the service provider and the customer.
Article 3 – AGTRACKS missions :
AGTRACKS make the next services as part of its offers: accompaniment to the drafting of the specifications, project management, shooting photos, shooting studio photos, editing photo, scriptwriting, media realization, publishing, editorial creation, infographics, editorial animation, 3D Synthesis, mobile app’s creation, audit and counsel… As part of a personalized offer, AGTRACKS will perform the services described in the specifications.
Article 4 – Time and calendar :
This contract will apply from the date of its signature by the parties and will remain in force for the duration of the realization of its objects. A schedule should be included in the specifications, as an indication, to allow precise definition to allow precise definition of the different execution states of this project. Any delay attributable to the customer will result in a consequential change to the schedule. The execution time may be adapted by AGTRACKS in order to achieve the objectives defined in the specifications, without additional costs or compensation for the customer.
Article 5 – AGTRACKS obligations :
To assure the client the services entrusted within the framework of the present contract, AGTRACKS undertakes: to bring its know-how, to be force of proposals and to respect the established specifications.
Article 6 – Obligations of the client :
To enable AGTRACKS to realize its mission, the customer undertakes to: contribute to the specifications, provide to AGTRACKS, all the data in the appropriate format, actively collaborate in the success of the project by providing AGTRACKS with all the necessary deadlines information and documents necessary for the proper apprehension of needs and the proper performance of services, strictly comply with the recommendations made by AGTRACKS, sign the official report of receipt indicating any reservations, pay in due time the sums due to AGTRACKS
Article 7 – Project report and cancellation :
Any postponement of the planned project must be justified, the client also agrees to bear the costs related to the postponement. After a period of one year, an unrealized deferred project will be considered as canceled. The cancellation of a project by the customer will entail a billing of the costs already incurred as well as 30% of the amount of the estimate to compensate for the loss of time generated.
Article 8 – Receipts of the project :
After validation, the project will be delivered to the client allowing a conformity check in relation to the specifications. It will be established an official report of receipt which will have to be signed by the two parts on which the customer will have to bring the possible reserves.
Article 9 – Financial conditions :
The financial conditions appear on the order form or quote. The defined prices are firm and final, subject to compliance with the scope of services provided for in this contract and in the specifications. Any change in the scope or non-compliance with the schedule due to the customer will result in a price revision based on the price of the services of the provider defined in the financial conditions.
Article 10 – Intellectual property :
In accordance with the Code of Intellectual Property, AGTRACKS is the sole owner of the intellectual rights on all elements that it has created or acquired to realize the project, with the exception of the data provided by the client under its sole responsibility. To allow the customer to freely use the items delivered in the course of its business, AGTRACKS grants it a license to operate on the elements relating to the project delivered detailed on the invoice. This license is only granted subject to full payment of the agreed price.
The AGTRACKS signature or copyright will be affixed to the delivered items. This signature can not be moved or deleted without prior written consent and / or compensation
The client authorizes AGTRACKS to present the project as its realization on the site of its society or on any other commercial document.
Article 13 – Responsibilities :
AGTRACKS will insure its services in accordance with the rules of the art used in the profession; it is expressly agreed that only a general obligation of means will be required.
Article 14 – Payment :
An advance payment of 50% will be request from the order. The balance of payment is made upon delivery of the finished project which will be accompanied by the invoice, on the due date stipulated on the invoice. The payment is made according to the modalities above by check, or transfer. Failing to comply with these payment conditions, AGTRACKS reserves the right to suspend its services without the client being able to claim any remedy. The application of this clause does not dispense with the payment of invoices due.
Article 15 – Applicable law and litigation
This contract is subject to French law. Any difference relating to the interpretation, performance or validity of this contract will be subject to the exclusive jurisdiction of the Commercial Court of AGTRACKS Headquarters. However, in the event of litigation or disagreement, as far as possible the parties must find an amicable settlement before taking legal action or any other arbitrator.