TERMS OF SERVICE
(revision january 1st 2021)
These terms of service create a legal agreement and apply to all orders and to all sales of services and products concluded between the client (referred to as “the client”) and a photographer / designer from the SosPix group (referred to as ” the photographer “). They are fully and unreservedly accepted by the client.
The photographer reserves the right to modify these general conditions at any time. Each order is governed by the general conditions applicable on the date of the order.
ARTICLE 1 – OBJECT
SosPix.com offers private and public services as presented on its website: www.sospix.com
The fact of reserving a session is equivalent to placing an order by the client and entails unreserved acceptance of these general conditions of sale, except for special conditions granted by the photographer to the client.
Any document other than these terms and conditions and in particular a catalog, prospectus, advertisements, notices, is only informative and indicative, non-contractual.
These terms of service form an indivisible contractual document with the service contract signed by the client.
ARTICLE 2 – ORDERING
The order is only effective after confirmation of the meeting between the client and the photographer and must be validated by the photographer with the actual information (date, place, etc.). Confirmation and validation can take place either by telephone or online by sending an email. In the absence of confirmation, the photographer does not undertake to keep the date chosen on the order.
A deposit of 50% of the total price must be paid when placing any product order, photo prints, and printing work.
ARTICLE 3 – PRICING & PAYMENT
3.1 The prices are expressed in euros (€) and are displayed exclusive of tax (EOT). The prices displayed on the website www.sospix.com are subject to change without notice or prior information. If they vary, any previously ordered service will keep the price applied when ordering.
3.2.a For professionals, no deposit will be required in order to validate an order (except when ordering products, printed photos, or any other print related service). The total balance for all services can be paid by bank transfer, check or cash upon invoicing at the end of the current month. Failure to pay the balance results in the cancellation of all services provided by SosPix and its partners. The final delivery of the photos will be made within the time limits indicated when ordering, except for unforeseen circumstances or cases of force majeure.
3.2.b For individuals, a deposit of 30% will be requested to validate an order (100% when ordering products, printed photos, or any other print related service). It can be paid by bank transfer, check or cash. The balance will be paid by the client by check or cash on the day of the service. All costs relating to the payment are the sole responsibility of the client. Non-payment of the balance will result in the cancellation of delivery of the photos, without refund of the deposit received. The final delivery of the photos will only take place when the order is fully paid.
3.3 The order and the quote can be confirmed electronically, or by sending an email in which it will be stipulated: “I accept the terms of service”.
3.4 The quotes established by the photographer are valid for 30 days.
ARTICLE 4 – TRAVELLING EXPENSES
Travelling expenses are included in the quoted price.
ARTICLE 5 – SERVICE MODIFICATIONS
Any request to modify a service made by a client can only be taken into account if the request is sent by SMS to the photographer at least 3 days before the scheduled date of the service. In accordance with the legal provisions in force, the client has a withdrawal period of 14 days from the conclusion of the contract. Any withdrawal request made within the time limit will result in the reimbursement of the deposit. Unless the service has already been carried out in whole or in part.
In the event of cancellation of the reservation of a photographic service which has become final, it is recalled that in accordance with legal provisions, the amount of the deposit will not be refunded, except in cases of force majeure for the client.
ARTICLE 6 – SERVICE PERFORMANCE
The photographs are created by SosPix. The photographer is not subject to an obligation of result. He makes every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic discretion of the photographer. Accordingly, the client acknowledges that photographs are not subject to rejection based on clients taste; however, the photographer is engaged to make every effort to meet the client’s requirements.
ARTICLE 7 – CLIENT OBLIGATIONS
The time set for the service is imperative and any client delay may be charged against the time previously agreed for the session. Beyond 30 minutes late, the session will be cancelled and the deposit will not be refunded. The client states that he/she has obtained permission to photograph the premises.
ARTICLE 8 – POST PROCESSING
Except in special cases specified in writing, the photographer never delivers raw photographs. Post-processing, like shooting, is unique to the photographer and is an integral part of his work, his style and his artistic universe. The photographer will work closely with the client to decide on what post-processing to apply.
The processing applied to the photos presents an adjustment of many parameters such as color correction, contrast, brightness, adjusting the shadows and highlights, sharpness, clarity, vibrance, saturation, cropping etc… Any additional retouching ( addition of elements in the photo, localized retouching …) requested by the client is not included in the basic service and may be rejected by the photographer who reserves the right to invoice the additional work per image according to the prices in force. Only the photographs processed by the photographers will be usable by both parties.
ARTICLE 9 – DELIVERY
SosPix will make every effort to meet the delivery date of photos as specified on the order.
A delay in delivery or performance cannot be invoked by the client to request termination of the contract, claim damages or assert any other claim. However, the additional costs in the case of a priority order will be refunded in full.
Unless the client specifically requests, digital photos are delivered by email via a download link.
The Photographer guarantees the print quality of the prints ordered through him or on his website. It is not responsible for the print quality of other print labs or regular print websites.
ARTICLE 10 – ARCHIVING PERIOD
Following the delivery to the client, the photographs are kept and archived under his/her responsibility. The client is advised to make backups on various media. The photographer is not responsible for any loss or damage to the digital files given to the client. However, the files remain available for 3 months and can be re-downloaded if necessary.
ARTICLE 11 – LIABILITY
11.1 Atmospheric conditions
In the event of degraded atmospheric conditions such as, for example, thunderstorms, storms, heavy rains, etc., the photographer cannot be held responsible for the non-performance or partial performance of the services initially provided for in the order. No refund will be made, the session will be postponed to a later date.
11.2 Force majeure or illness
An unforeseeable external event making it impossible to perform the service is considered force majeure (i.e. accident, death of a parent, etc.). Each of the parties may oppose this right when force majeure is characterized. SosPix reserves the right to cancel / postpone a photographic service in the event of force majeure or illness. Such cancellation can neither engage its liability nor give rise to the payment of damages for any reason whatsoever. The meeting will be postponed to a later date.
11.3 Technical problem or accident
The photographer agrees to provide himself with sufficient equipment to ensure all of his services and to ensure that he uses equipment in good working order. In the event of a technical problem with the photographic equipment or of any accident during the service preventing the photographer from delivering the requested work, the full amount paid will be refunded, without giving rise to the payment of damages for any reason. In the event of loss or damage to the photos before delivery (burglary, fire, etc.), the customer can only claim reimbursement for the service.
ARTICLE 12 – INTELLECTUAL PROPERTY
12.1 The photographs constitute intellectual works, as defined by the intellectual property code, of which the photographer is the author (art. L112-2 CPI). The photographs are reserved for the personal and private use of customers, use subject, on any media whatsoever, to compliance with the provisions of the intellectual property code, and more generally laws and conventions on copyright. No photograph may thus be modified in any way whatsoever without the prior written consent of the author. The client agrees to respect the integrity of the photographer’s work, and in particular to faithfully render the colors, without truncating or distorting them. (art. L121-1 CPI)
12.2 Communication media (hard copies, originals and photographs stored on a computer medium) does not entail or presume the transfer of exploitation rights to the photographs (reproduction and / or representation right).
12.3 Photographs, in digital or analog format, remain the property of their author or his successors in title. (art. L111-3 CPI). Any use, whatever it is (distribution, exhibition, reproduction, etc.), other than strictly personal, of a photograph is therefore prohibited without the prior written consent of the author.
12.4 For the purposes of using the photos in a context other than the private one, the photographer evaluates the amount relating to copyright, an amount depending on the mode of distribution and the volume of distribution.
12.5 Any use of the photographer’s pictures beyond this use and without his written authorization constitutes an infringement within the meaning of article L 335-2 of the same Code, and is punishable, under this article, with penalties ranging from up to 3 years’ imprisonment and a fine of € 300,000.
ARTICLE 13 – IMAGE RIGHTS
The photographs may be freely used by the author, on any medium, in order to promote his professional activity, subject to respect for the rights of the persons and goods photographed and except for the explicit request of the client expressed in writing (email or letter with acknowledgment of receipt) before signing the quote / confirming the order. The client accepts that his/her images are used on all promotional media of the photographer, such as website, social networks, presentation brochure, press article… The right to the image is entrusted for a period of 2 years, renewed by tacit agreement . The distribution of images remains strictly anonymous.
The photographer shall refrain from using any photograph likely to infringe the privacy, image or reputation of clients.
The client can freely oppose the transfer of the right to the image. However, he must imperatively mention it in writing (email, letter with acknowledgment of receipt or mention on estimate) before signing the estimate / validating the order. This refusal constitutes a lack for the communication of the photographer who reserves the right to invoice an increase of 10% on the total amount of the service in question.
ARTICLE 14 – PERSONAL DATA
The personal information collected when placing an order is intended exclusively for customer management and in particular for monitoring reservations with a view to the successful completion of the service ordered.
The photographer agrees not to communicate this information to third parties for any reason.
ARTICLE 15 – APPLICABLE LAW
The contractual relations between parties to which these general conditions apply are governed exclusively by Monegasque law.
Any dispute relating to the formation, execution or interpretation of these general conditions as well as any agreements to which they apply, will, failing an amicable agreement, be subject to the exclusive jurisdiction of the Monegasque courts. Any legal action should be taken in a court located in the photographer’s department of residence.
The client acknowledges having read the terms of service above.
MonacoWeb – 7, Avenue des Papalins – 98000 MONACO
RCI : 11P07806
TVA Intracommunautaire : FR
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