Legal Notices

Publisher
The website https://www.vdm.fr is the property of:

GROUPE TRANSATLANTIC
SAS with a capital of 11 506 491 €.

Head office
135 rue Jean-Jacques Rousseau – 92130 Issy-les-Moulineaux – France
Email: contact@groupetransatlantic.com
Phone: +33 1 41 09 82 82

SIRET: 851 818 179 000 34
RCS Nanterre B 851 818 179
Intracommunity VAT: FR 258 518 181 79
NAF code: 6420Z – Activities of holding companies

Director of Publication
Jean-Christophe Coin
Email: contact@groupetransatlantic.com
Phone: +33 1 41 09 82 82

Webmaster
Email: contact@groupetransatlantic.com
Phone: +33 1 41 09 82 82

Web Host
VDM SAS
SAS with a capital of € 437 540
RCS Nanterre B 523 164 424
APE Code: 5912Z
Intracommunity VAT number: FR 13 523 164 424
135 rue Jean-Jacques Rousseau – 92130 Issy les Moulineaux – France
Phone: +33 1 41 09 82 82
Email: contact@vdm.fr

Developer
Agence TAURINE
8, rue de Saussure
75017 Paris
France
Email: contact@agencetaurine.fr
Phone: +33 1 40 54 18 56

GENERAL TERMS AND CONDITIONS OF SALE
VDM

VDM’s sales and services are subject to these General Terms and Conditions of Sale and Service and it is considered that the Client has been informed of and has accepted these upon signing a quote or placing an order subsequent to a quote.

ARTICLE 1 – THE SERVICE PROVIDER

The service provider is the company VDM who can provide the following services and benefits with or without staff:

Technical solutions and digital media
- Digital distribution platforms
- Audio-visual sound and image facilities
- Editing, finishing, mixing and auditorium spaces
Design and production
- Content creation
- Executive production
- Film sets
Advice and development
- Image and sound restoration
- Management of audio-visual material

The list of these services is not exhaustive and VDM can provide specific tailor-made services at a Client’s request.

When the service provider performs the function of an executive or line producer in addition to the services described above such functions shall be subject to a separate contract. The functions of the executive or line producer are defined in Articles 19 and 20 of these General Terms and Conditions.

ARTICLE 2 – THE CLIENT

The Client hereby confirms that they have requested VDM’s services exclusively in a professional context whether they are an individual person or legal entity, or a representative or agent of such a legal entity.

Therefore the specific provisions of Consumer Law do not apply to the relationship between VDM and the Client.

ARTICLE 3 – SCOPE

In signing a quote or sending an order form following receipt of a quote the Client acknowledges that they have read and accepted these conditions. These conditions take precedence over any documents or exchanges that may have preceded such an order or signing of a quote as well as any general buying conditions imposed by the Client. Were any special or specific conditions to be so established the conditions hereto shall apply to any points not covered by such documents.

ARTICLE 4 – ORDER TERMS AND CONDITIONS

Orders may result from signing a quote within the period of validity provided for therein without any change or alteration or by signing an order form with reference to a quote under the same terms.

VDM reserves the right to request additional information about the service to be provided which the Client undertakes to provide. If the validity term of a quote is not observed the Client shall ask for a new quote from VDM.

ARTICLE 5 – ADDITIONAL ORDERS / CHANGES TO THE ORDER

If the Client places an additional order or changes the initial order VDM shall issue a new quote.

Additional work or changes requested by the Client may only be carried out after this quote is signed.

ARTICLE 6 – TOTAL OR PARTIAL CANCELLATION OF AN ORDER

Should an order be cancelled before work starts the Client agrees to pay VDM compensation equal to 10% of the order total excluding VAT.

Should an order require reserving premises or facilities the rental cost of such premises shall be included in the order total for the purposes of calculating compensation.

Should an order be partially cancelled before work starts then calculation of the percentage of compensation due from the Client shall be based on the total cancellation compensation as provided for above in proportion to the part of the order cancelled.

Should an order be cancelled during performance of the work the Client undertakes to pay the total amount of the order.

In every case where cancellation is made before or during the work, any costs, research, supplies, etc. required shall be paid for by the Client.

ARTICLE 7 – RATES

The applicable rate shall be the rate in effect on the day the quote or order form is signed, in application of that quote. VDM’s rates are exclusive of tax and do not include any expenses associated with the service provided, whatever their nature. VDM’s rates may be changed or revised and shall apply to any service requested after they have been established.

VDM’s services and supplies are payable at the latest on the last day of the month following the date the invoice was issued. The Client shall be considered to have checked that the invoices sent to him comply with the goods delivered or services provided and undertakes to inform VDM of any complaint or issue within thirty (30) days of receipt of the invoice.

If payment is not made on the due date all outstanding sums shall automatically and without prior notice incur late payment interest at the current bank base rate increased by five (5) points. The Client shall be liable for any debt collection expenses until full and final settlement is made to VDM. If the Client has payment difficulties or fails to pay VDM reserves the right to refuse any subsequent service or order or may make such subject to full cash payment.

ARTICLE 8 – DISPUTES CONCERNING THE WORK :

Any dispute concerning the work provided or its compliance must be notified by registered letter within a maximum of ten days from the date such work was submitted. No dispute shall be taken into consideration after this period.

ARTICLE 9 – RIGHT OF RETENTION

VDM may exercise their right of retention pursuant to legal provisions on any equipment or items in their possession, whether physical or digital as well as on master copies and any equipment entrusted, deposited or stored with them until full payment of the monies owed to them in any capacity whatsoever.

These provisions do not preclude any claim for damages by VDM as a result of a defaulting Client.

ARTICLE 10 – TITLE RETENTION

VDM shall retain ownership of the physical or digital items of the supplies and services they deliver until full payment has been made. The Client may not resell, use or exploit the material or electronic items that VDM’s services supply until full payment has been made.

The above provisions do not prevent the transfer of risks, whatever their nature, from the moment of delivery to the Client, whatever form such delivery may take.

ARTICLE 11 – TRANSPORT / DELIVERY

Transport and delivery should be understood to mean various means of transport, whether physical or electronic.

In all cases, the transport of items and service goods and materials are the Client’s responsibility, and they shall assume any risks of loss, theft, deterioration or destruction.

For electronic transfers and file uploads of any kind the Client shall tell VDM who their intermediary operator is for transfers to a server or the Client’s hosting site. VDM shall not be liable for any such transfers.

Due to the specific nature of the work requested, VDM shall make their best efforts to meet the implementation and delivery deadlines communicated to the Client. Furthermore the Client shall be solely responsible for any overruns resulting from their own assessment of the work time needed to carry out the service.

ARTICLE 12 – INTELLECTUAL PROPERTY

The Client confirms that they hold all the intellectual property rights, copyrights or related rights to the work for which they are asking VDM to perform services. VDM are therefore relieved of any obligation to check or search for ownership of the rights to the work.

The Client shall be responsible for any claim, dispute or legal action by any third party and shall compensate VDM for any claim that may be made against them.

If VDM are obliged to incur any costs whatsoever in order to assert their rights the Client undertakes to pay such costs upon provision of proof.

More generally the Client agrees to compensate VDM against any and every claim against them.

ARTICLE 13 – EXEMPTION FROM LIABILITY – INSURANCE

VDM shall not be liable for any service or work they perform for the Client.

This disclaimer shall be acknowledged as an essential clause without which VDM shall not proceed with the contract and shall therefore be expressly accepted by the Client without reserve.

This exemption from liability is justified by the difference in value between the prices and rates charged by VDM and the value of the items that may be entrusted to them, whatever their nature and medium, as well as the value of their contents.

The Client hereby releases VDM from any liability for the performance of their services, the consequences of such and whatever the nature of the damage and its direct or indirect consequences may be.

The Client assures VDM that they have taken out an insurance policy covering all risks of whatever nature that may arise in connection with the services provided by VDM and, more generally, the provision of the services themselves and their hosting and storage as well as the conditions of their delivery, transport or transfer. The insurance policy taken out by the Client shall include a waiver of any recourse against VDM and their insurers.

ARTICLE 14 – INTERNAL REGULATIONS

If the work or services entrusted by the Client to VDM justify or require the presence of one or more of their employees or representatives on VDM’s premises, the Client undertakes to ensure that their employees or representatives comply with the provisions of VDM’s internal regulations.

The Client’s employees and representatives concerned shall remain the Client’s responsibility and shall in no way be under VDM’s authority.

ARTICLE 15 – STORAGE

If storage of the items and equipment entrusted to VDM, whether physical or electronic, is required or if a request for storage of the services provided by VDM is made, the Client shall enter into a specific contract with VDM.

At the end of the storage contract term or upon receipt of a formal notice if the storage services are not paid for the following provisions on the return of materials shall fully apply.

ARTICLE 16 – RETURN OF MATERIAL ITEMS

All material items transmitted or entrusted by the Client for the performance of the services or the supports for the services themselves shall be taken or sent back to the Client at their expense once the services performed by VDM are over.

The transfer or delivery of such items shall be the exclusive responsibility of the Client if no steps have been taken by them for the delivery or return of the equipment and items.

After a one (1) year period, if any items or equipment are still inVDM’s possession VDM may destroy them after informing the Client one (1) month prior to such destruction. The Client may not seek redress against VDM for such destruction and shall remain liable for any storage or maintenance costs as well as any destruction costs incurred by VDM.

In all cases if the equipment and items as well as the service supports provided by VDM are not taken back by the Client VDM shall not be liable for any change, damage or loss of such. VDM shall not manage any equipment or items not delivered or collected by the Client regardless of the type of the management services that may be requested. VDM shall not be responsible for any failure to manage such items.

ARTICLE 17 – SUBCONTRACTING

VDM reserves the right to subcontract all or part of the services entrusted to them by the Client without any obligation to inform the Client.

These terms and conditions remain applicable if subcontracting, whether partial or total, takes place.

The Client may refuse to allow subcontracting of all or part of the services or work entrusted to VDM by notifying them in writing when signing the quote or order.

ARTICLE 18 – PROVISION OF PERSONNEL:

If the service provider is required to place one or more of their staff at the disposal of the client or their director, it is expressly agreed that the Client shall assume full responsibility for any instructions they give to the staff members of the service provider so placed at their disposal.

In particular, the Client undertakes to guarantee the complete security of any staff members of the service provider placed at their disposal.

In all cases VDM’s staff shall remain under their exclusive authority.

Furthermore the Client expressly guarantees to protect the service provider against any recourse or action that may be brought in any respect whatsoever during the running of films or documents produced as part of the services and equipment provided by the service provider by any person who may consider they have a right to do so.

ARTICLE 19 – EXECUTIVE PRODUCER (DEFINITION):

The executive producer adds an obligation to complete the programme in a satisfactory manner without responsibility for the content of the work to the functions of the service provider.

He draws up and has his Client accept a quote describing the work to be done. Although he may remunerate the director, the author(s) and the right holder(s) at the request and on behalf of the Client, he is never responsible for the content of the work.

ARTICLE 20 – LINE PRODUCER (DEFINITION):

He manages the entire production in the artistic, technical and financial fields on behalf of the producer(s), of which he may also be one.

ARTICLE 21 – FORCE MAJEURE

For the definition and application of force majeure, the parties should expressly refer to the provisions of Article 1218 of the Civil Code, which shall apply.

ARTICLE 22 – PROTECTION OF PERSONAL DATA

VDM has established a number of measures and procedures relating to personal data collected by them in accordance with the 27th April 2016 (EU) Regulation 2016/679 and the 6th January 1978 Law N°78-17 relating to information technology, files and freedoms.

VDM has appointed a Data Protection Officer (DPO) to ensure compliance with the Data Protection Regulations and rules. The Data Protection Officer may be contacted by email: dpo@vdm.fr

ARTICLE 23 – APPLICABLE LAW

French law is the only applicable law governing the relationship between VDM and their Clients.

ARTICLE 24 – ATTRIBUTION OF COMPETENCE

In the event of disputes or disagreements regarding the interpretation or execution of the work and services entrusted by the Client to VDM, the Paris Commercial Court is hereby expressly given exclusive jurisdiction, including in the event of a claim by third parties

You can withdraw your consent to the processing of your data at any time; You can also object to the processing of your data; You can also exercise your right to the portability of your data. Visit cnil.fr for more information about your rights. To exercise your rights or for any questions about the processing of your data in this system, please contact our data protection officer: rgpd@groupetransatlantic.com.

If you believe, after having contacted us, that your “Data Protection” rights have not been respected, you may file a complaint with the CNIL.

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