Terms and Conditions of Sale
BIUX
Share capital: €500
Headquarters: 34 rue Blomet, 75015 Paris
SIREN Number: 984 836 361
SIRET No.: 984 836 361 00019
BIUX, a Simplified Joint-Stock Company (SAS) with a capital of €500, registered with the Paris Trade and Companies Register under number 984 836 361, represented by its President, Mr. Kevin Renaud (hereinafter the “Service Provider”), provides services for the creation and production of premium video content, motion design, and personal branding (hereinafter the “Services”) to professionals (hereinafter the “Client”).
The website https://www.agencemotion.fr is published by BIUX, and its editorial director is Mr. Kevin Renaud.
1. Purpose
These General Terms and Conditions of Sale (GTC) set forth the terms under which BIUX designs, produces, and delivers its video production and motion design services to professionals. These GTC apply to any order accepted by the Service Provider.
2. Definitions
“Client”: Any natural person of legal age and with full legal capacity, or any legally registered legal entity, that requests a Service from the Service Provider.
“Services”: The services specified in the quote, including the design, production, and delivery of premium video content, motion design, personal branding, and corporate content.
"Quote": A document detailing the terms and conditions of the Service (quantity, deadline, price, etc.).
“Price”: The financial consideration owed by the Client for the Service.
3. Acceptance of the Quote and Formation of the Contract
- The order is finalized after the Customer signs the quote and pays the full Price.
- Signing the estimate constitutes unconditional acceptance of these Terms and Conditions.
- No services will be provided until full payment has been received.
- Quotes are valid for 15 days from the date they are issued.
4. Terms and Conditions of the Service
The Services are organized into several stages that require the Client’s written approval:
- Brief and Creative Direction: Defining the project's objectives, target audience, and creative direction.
- Concept Proposals: Presentation of creative concepts for the Client's approval.
- Script and Storyboard Writing: Developing the script and/or storyboard for approval.
- Pre-production: casting, location scouting, and logistical planning.
- Production and post-production: filming according to the agreed-upon dates, editing, motion design, color grading, and finalization.
- Delivery: Final deliverables will be provided upon approval.
Once the Client has approved each step, it can no longer be modified within the scope of the initial quote. Any additional modifications will be subject to a separate quote.
5. Payment Terms
Full payment must be made before the Services begin, via bank transfer (bank account information provided).
Any late payment will result in: penalties calculated at five (5) times the statutory interest rate, and a flat-rate compensation fee of €40 for collection costs.
6. Delivery of Content
- The content will be delivered within the timeframe specified in the quote, subject to the Client’s cooperation and prompt approvals.
- Delivery will be made in the agreed-upon digital format (formats and resolutions specified in the quote) via WeTransfer, Google Drive, or any other agreed-upon method.
- The Customer is responsible for providing a valid email address and sufficient storage space.
- The Service Provider will retain the source files for a period of one (1) month after delivery. After this period, the files may be deleted.
7. Intellectual Property
- The Service Provider retains ownership of the intellectual property rights related to the content created until the Client has paid the Price in full.
- Once payment has been made, the Client receives a license for a specific use (distribution on social media, websites, events, etc.) in accordance with the terms specified in the quote.
- The service life is generally two (2) years, unless otherwise specified in the quote.
- Any modification or adaptation of the content by the Client requires the Service Provider’s written consent.
- The Service Provider reserves the right to use the content produced to promote its services (portfolio, social media, website), unless the Client requests otherwise in writing.
8. Obligations of the Parties
Obligations of the Service Provider: Provide the Services in accordance with the quote and industry standards; maintain the confidentiality of information provided by the Client; deliver professional-quality content that meets the defined objectives.
Client Obligations: provide accurate information and documents necessary for the performance of the Services; ensure the legality of the filming locations and materials provided; ensure that all necessary authorizations have been obtained (image rights, copyrights, filming permits, etc.); actively collaborate with the Service Provider by promptly approving each step; make available the personnel, locations, and equipment necessary on the agreed-upon dates.
9. Right of Withdrawal
In accordance with Article L221-28 of the Consumer Code, no right of withdrawal applies to content that is personalized or custom-made to meet the Customer’s needs.
10. Responsibilities
Service Provider's Liability: The Service Provider agrees to make every effort to satisfy the Client, but is subject only to an obligation of means. Under no circumstances shall the Service Provider be held liable for indirect damages (loss of revenue, loss of customers, loss of profits, damage to reputation, etc.). The Service Provider’s liability is limited to the total amount of the quote. The Service Provider shall not be held liable for any consequences resulting from a delay in delivery attributable to the Client.
Customer Responsibility: The Client is responsible for using the content in compliance with applicable laws and the rights of third parties. The Client shall indemnify the Service Provider against any claims for infringement or violation of third-party rights arising from the use of materials provided by the Client. Any breach of these obligations may result in legal action or penalties.
11. Force Majeure
Neither Party shall be held liable for any failure to perform its obligations due to a force majeure event (strikes, pandemics, natural disasters, inclement weather preventing filming, etc.). In the event of force majeure, the Service Provider agrees to notify the Client as soon as possible and to seek an alternative solution.
12. Personal Data
The Service Provider collects the personal data necessary to perform the Services and undertakes to protect such data in accordance with the General Data Protection Regulation (GDPR). The Client has the right to access, correct, delete, and transfer their personal data by contacting hello@biux.fr.
13. Cancellation and Modification
- Any cancellation by the Client after signing the estimate and making payment will result in the amount paid being retained as compensation.
- In the event of a cancellation with less than 7 days' notice prior to the scheduled shoot date, the full amount of the quote remains due.
- Changes made to the project during production will be subject to an additional estimate and may result in a delay in delivery.
14. Governing Law and Jurisdiction
These Terms and Conditions are governed by French law. In the absence of an amicable resolution within thirty (30) days of the more diligent contracting party notifying the other Party, any dispute relating to the Contract shall be subject to the exclusive jurisdiction of the courts of Paris, including in cases of summary proceedings or upon motion, notwithstanding multiple defendants or third-party claims.
15. General Provisions
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- The fact that the Service Provider does not invoke a breach by the Customer of any of the obligations set forth in these Terms and Conditions shall not be construed as a waiver of the right to invoke such a breach at a later date.