Martin Donoso
40 rue Alexandre Dumas
75011 Paris -France
SIRET: 83508770100032
TVA: FR 77 835087701
General terms and conditions of sale:
These general terms and conditions of sale are intended to govern the relationship between Martin Donoso and its Client (hereinafter referred to as the "Client"). No act of tolerance by the service provider may constitute a waiver on its part of any of the provisions of this contract. The client using the services of Martin Donoso acknowledges having read and accepted without reservation the following general terms and conditions of sale.
Service:
Video Creation: 3D animation, computer-generated images, 2D animation, music videos, advertising films, corporate films, short and feature films. Post-production: Digital special effects, 3D integrations, motion design. Consulting: Conceptualization, writing, technical and creative applications.
Quote:
Following an initial contact, Martin Donoso will propose to the "Client" specifying the following points: The different options discussed between the Client and Martin Donoso (duration, type of 2D, 3D animation, storyboard, artistic creation, graphic elements, format, etc.);
The price and estimated deadline for the service and, in general, any other subject that will have been discussed before between the Client and Martin Donoso; The quote, if signed by the Client and by Martin Donoso, will serve as a purchase order; The quote must be returned signed by a competent person who can hold the company liable; In the event of special mentions added by the Client, these terms only become contractual after the agreement signed by Martin Donoso.
Order:
The order becomes final upon receipt of the signed quote, or the duly dated and signed purchase order. Any modification of an order must be written and signed by both parties. Unless otherwise stated on the quote, payment will be made as follows: 50% deposit upon ordering (cash) and 50% upon delivery of the service (30 days from the invoice date).
Commitment:
Martin Donoso undertakes to perform the service according to the Client's instructions, subject to technical and/or physical impossibility (health, accident, etc.).
If the service cannot be performed due to Martin Donoso, the deposit will be fully refunded to the Client and no penalty may be claimed by the Client.
Cancellation of order:
The deposit paid will not be refunded in the event of cancellation by the Client after signing the quote.Payment conditions:
The prices and payment conditions for the services are indicated on the quote. Unless otherwise stated, no discount for early payment is granted. Payment can be made by transfer.
Penalties for late payment:
In the event of late payment by the Customer, and after formal notice of payment by registered letter with acknowledgement of receipt, Martin Donoso will suspend all other current orders. In addition, late payment penalties will be retained equivalent to 10% of the total amount of the invoice per month of delay, to which will be added any legal recovery costs. Other costs of any nature (bank interest on overdraft facilities, late payment penalties for various creditors) directly attributable to a customer's late payment may be invoiced to the customer, upon presentation of said costs.
Delivery:
Unless otherwise stated on the quote, only one copy of the video will be given to the Client. Martin Donoso undertakes to deliver in the details decided with the Client, except for causes beyond its responsibility (weather, accident, health) or if the cause of the delay is attributable to the Client. Exceeding delivery times cannot give rise to damages, retention, or cancellation of current orders. The sources of the project, or any element used to produce the content delivered to the Client, are not included in the estimated service, unless otherwise stated, expressly stipulated on the quote signed by both parties. The transfer of sources will be subject to negotiation and an estimate that will be specific to it.
Reproduction rights:
According to the intellectual property code L 335 1-4, the right to free reproduction of DVDs is prohibited. Any duplication, public broadcast, or reuse of images and films outside the framework defined between the Client and Martin Donoso must be the subject of a new request and a new contract agreed upon by mutual agreement. Martin Donoso reserves the right to use the images created during the service. Martin Donoso reserves the right to broadcast the films produced or extracted from the films on its community pages (Vimeo, Facebook, Instagram) and websites: www.wonderseconds.com / www.martindonoso.com In the event of refusal by the Client, a paragraph will specify this decision on the quote. The broadcast of said images and videos will be for promotional, advertising and non-profit purposes only.
Applicable law – disputes:
All these relationships and this contract are established within the framework of French private law. Any dispute related to the interpretation, execution or validity of this contract will be subject to the exclusive jurisdiction of the courts of Paris.Without prejudice to the above Seller may choose to bring a dispute before the court of the country of establishment of the Buyer.