2. General Terms and Conditions of Sale (CGV)
ARTICLE 1: Designation of the parties
Between KOSMOS, on the one hand, and the Customer identified in the quotation, on the other hand.
KOSMOS is active in the creation of audiovisual and multimedia content (photography, video, podcast), for the benefit of companies wishing to make themselves known or increase their commercial visibility.
- Customer : beneficiary of the services provided by KOSMOS.
- Benefit (s) : services delivered to the Customer by KOSMOS.
ARTICLE 2: Purpose of the contract
This contract defines the conditions under which KOSMOS will perform its services at the request of the Customer. These general conditions may be supplemented by specific conditions attached.
ARTICLE 3: Application of the GTC
The placing of an order by the Customer implies full adherence to these Terms and Conditions. Any exceptions must be approved in writing between the parties.
ARTICLE 4: Nature of benefits
KOSMOS offers services including in particular:
- Advice and project preparation
- Photographic shots
- Aerial shots (drone)
- Photo retouching in post-production
- Video shoots and montages
- Podcast recording and production
This list is not exhaustive. KOSMOS reserves the right to change or add services as required.
ARTICLE 5: Modalities of drone services
KOSMOS complies with the DGAC rules for remote control services:
- Authorization required for overflights in built-up areas.
- Written agreement required for private land.
- Adequate weather conditions required for a flight.
The Customer must provide all the information related to the site (constraints, elements to be checked, etc.).
ARTICLE 6: Advance estimate
A detailed estimate specifying the services, costs and validity period will be established before any intervention. The signed quotation implies acceptance. KOSMOS reserves the right to refuse a service without justifying the reason.
ARTICLE 7: Modification of the quotation
Any changes to the original quotation must be approved in writing and may result in a rate or delay adjustment.
ARTICLE 8: Duration
The contract takes effect when the quotation is signed and ends with the delivery of the service.
ARTICLE 9: Booking and subscription
Services can be booked subject to availability by sending a signed order form with the mention “Good for agreement”.
ARTICLE 10: Payment and penalties
- The services are invoiced in euros including VAT.
- A deposit may be required to validate the order.
- Any late payment incurs interest in accordance with article L441-6 of the Commercial Code and a fixed compensation of €40.
In case of cancellation, 50% of the total amount may be charged.
ARTICLE 11: Delivery of services
Photos and videos are delivered within 30 days in digital format (.jpeg, .mov, .mp4). Raw files can be purchased at an additional cost.
ARTICLE 12: Force majeure and incapacity
In the event of force majeure (fire, flood, failure, illness, etc.), KOSMOS may cancel or postpone the service. No damages and interest will be paid.
ARTICLE 13: Accidental data loss
In the event of accidental loss of files, KOSMOS proposes a new session of the same duration to compensate for this incident.
ARTICLE 14: Retention of files
KOSMOS keeps the digital files for two months after delivery. After this time, they can be removed.
ARTICLE 15: Ownership and reproduction rights
The creations made by KOSMOS are protected by copyright. Any use or reproduction without written permission is prohibited.
ARTICLE 16: Relationship between the parties
The parties act independently and there is no hierarchical relationship between them.
ARTICLE 17: Obligations of the service provider
KOSMOS is committed to providing quality services adapted to the needs of the Customer, while respecting the laws in force (data protection, public order, etc.).
ARTICLE 18: Customer Obligations
The Customer must collaborate actively with KOSMOS, provide all the necessary information and sign the authorizations (image rights, etc.) when required.
ARTICLE 19: Circulation of the contract
The contract is intuitu personae and cannot be transferred to a third party except in the case of transfer of business assets.
ARTICLE 20: Exemption from liability
KOSMOS cannot be held responsible for indirect damages related to a service (loss of customers, commercial damage, etc.).
ARTICLE 21: Right of publicity
KOSMOS reserves the right to use the achievements made for the Customer for promotional purposes (website, portfolio, social networks, etc.).
ARTICLE 22: Attribution of jurisdiction
In the event of a dispute, the competent courts will be those of the head office of KOSMOS.