Terms and Conditions of Sale

These T&Cs define the respective rights and obligations of the parties in connection with the provision by the Provider of its audiovisual production services, studio rental and associated technical services, whether the order is placed online via the Provider's website or on the basis of a customized Quote.

They apply to any order placed by the Client, whether a natural person acting for personal purposes or a legal entity acting in the course of its professional activity. They prevail over any other document issued by the Client, including its own general purchasing conditions, unless the Provider has given express written consent to the contrary.

By placing an order, the Client fully and unreservedly agrees to these T&Cs. Any contrary condition imposed by the Client shall be unenforceable against the Provider, regardless of when it may have been brought to the Provider's attention.

• "The Provider": CreativGen, a commercial brand of Fantasmagorie Agency, a company offering audiovisual production services and studio rental in Paris.
• "The Client": any natural or legal person who has made a quote request, a booking or placed an order with the Provider.
• "The Service": all services provided by the Provider, the nature, details and scope of which are specified in the Quote or in the Online Booking summary.
• "The Deliverables": all files, media and content delivered to the Client upon completion of a Service involving post-production (video edits, audio files, mixes, masters, excerpts and format variations).
• "The Quote": the contractual document drawn up by the Provider, detailing the nature, scope, estimated schedule and price of the ordered Service. Signed by the Client with the mention "Approved", it constitutes the contractual reference between the parties.
• "Deposit": the sum paid by the Client upon confirmation of a Quote-based order, the amount of which is specified in the Quote. The Deposit constitutes a firm and definitive commitment by both parties.
• "Online Booking": an order placed by the Client directly via the Provider's website (creativgen.com), according to the time slots, packages and prices displayed online, validated by full payment at the time of booking.
• "Force Majeure": any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code, rendering the performance of the Service impossible.
• "The Session": the filming, recording or production time slot booked by the Client in one of the Provider's studios, including reception, setup, capture, cleanup and departure.
• "The Occupants": the Client, their guests, collaborators, subcontractors and any person accompanying the Client during the Session.

Service prices are expressed in euros and indicated excluding taxes (excl. VAT) or including all taxes (incl. VAT) depending on the communication medium. The applicable value added tax is that in force on the date of invoicing.

The Provider reserves the right to modify its prices at any time. However, Services are invoiced based on the price in force on the date the Quote is validated by the Client or on the date the Online Booking is confirmed. Price surcharges may apply for Services carried out on weekends, public holidays or outside regular hours; these conditions are specified in the Quote or displayed on the website during booking.

Any Quote issued by the Provider is valid for thirty (30) calendar days from its date of issue, unless otherwise stated. After this period, the Provider reserves the right to revise the proposed pricing conditions.

Services may be ordered through two channels:

• Online Booking: the Client selects a time slot, studio, package and desired options directly on the Provider's website (creativgen.com). The order is deemed firm and final upon validation of full online payment by bank card via the secure Stripe platform. The Client receives a booking confirmation email summarizing the Service details.
• Quote-based order: for bespoke Services or those not available online, the Client submits a quote request to the Provider. The order is deemed firm and final upon receipt of the Quote signed by the Client bearing the mention "Approved", accompanied by payment of the Deposit provided for in Article 5.

Regardless of the ordering method, all bookings are subject to studio availability. The Provider reserves the right to refuse any order for a legitimate reason, including but not limited to unavailability, requests contrary to public policy or morality, or the Client's history of unpaid invoices.

By validating their order (online or by Quote), the Client declares that they have read and unconditionally accepted these T&Cs as well as, where applicable, the specific conditions applicable to promotional offers.

Payment terms differ depending on the ordering method:

• Online Booking: the total price of the Service is paid in full at the time of booking by bank card via the secure Stripe platform. Payment is a condition for booking confirmation.
• Quote-based order: a Deposit, the amount of which is specified in the Quote, is required upon order confirmation. This Deposit definitively binds both parties in accordance with Article 1590 of the French Civil Code. The balance is payable according to the terms and schedule indicated in the Quote, and no later than the delivery of the Deliverables or at the end of the studio Service.

Payments are accepted by bank card via the secure Stripe platform or by bank transfer to the account indicated on the invoice. Bank card transactions are secured by the payment provider Stripe, which is PCI-DSS certified. The Provider does not store any of the Client's banking data.

In accordance with Articles L. 441-10 et seq. of the French Commercial Code, any late payment automatically triggers, without the need for a formal demand:

• Late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points;
• A fixed indemnity of forty (40) euros for recovery costs, without prejudice to the Provider's right to claim additional compensation supported by evidence.

In the event of payment default, the Provider reserves the right to suspend any ongoing Service and to refuse any new order until full settlement of all outstanding amounts.

The Provider undertakes to perform the Services with diligence and professionalism, in accordance with industry standards and the specifications agreed in the Quote or set out in the Online Booking summary. This constitutes an obligation of means, not of result.

Delivery timelines for Deliverables communicated by the Provider are given as estimates only. A reasonable delay in delivery shall not give rise to order cancellation, damages or any payment withholding by the Client.

The Provider reserves the right to subcontract all or part of the Service to subcontractors of its choice, under its own responsibility and without affecting the quality of the service delivered to the Client.

The Client undertakes to:

• Read and comply with the Provider's studio house rules, displayed on the premises and available on the website creativgen.com (view the house rules), which form an integral part of the contractual documents;
• Provide the Provider, within agreed timelines, with all information, elements and content necessary for the proper performance of the Service;
• Guarantee that they hold all required rights and authorizations for the elements provided (texts, images, music, trademarks, image rights of persons appearing in the content);
• Use the studios, equipment and materials made available in accordance with their intended purpose and in compliance with the safety instructions communicated by the Provider;
• Respect booking schedules; any occupation exceeding the reserved time slot may be subject to additional billing at the prevailing hourly rate.

Any damage, loss or deterioration of materials, sets, equipment or premises attributable to the Client, their guests, their subcontractors or the Occupants — whether intentional or resulting from negligence — will be invoiced to the Client at the actual cost of restoration or replacement, based on a quote prepared by the Provider or a qualified third-party contractor.

The Client is solely responsible for ensuring that the content produced complies with applicable legislation, particularly regarding copyright, image rights, trademark law and advertising regulations. The Client indemnifies and holds the Provider harmless against any action, claim or demand from a third party in this regard and undertakes to compensate the Provider for any loss resulting from such action.

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, a consumer Client (a natural person acting for non-professional purposes) has a period of fourteen (14) calendar days from the order confirmation to exercise their right of withdrawal, without having to justify reasons or pay penalties.

However, pursuant to Article L. 221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised for Services fully performed before the end of the withdrawal period, where performance has begun with the Client's express prior agreement and express waiver of their right of withdrawal.

To exercise their right of withdrawal, the Client must send an unambiguous statement by email to hello@creativgen.com. In the event of a valid withdrawal, the Provider will refund all sums paid within fourteen (14) days of receiving the request.

Any cancellation or modification request by the Client must be notified in writing to hello@creativgen.com. The following conditions apply, whether the order was placed online or by Quote (the term "sums paid" refers, as applicable, to the Deposit or to the full amount paid at the time of the Online Booking):

Any modification to the Service requested by the Client (change of date, duration, package or studio) is subject to the Provider's prior agreement and availability. It may result in a price revision documented, as applicable, in an amendment to the original Quote or in an additional online payment.

The Provider reserves the right to cancel or postpone a Service in the event of force majeure or circumstances beyond its control. In such case, the Client will be informed as soon as possible and offered either a rescheduling to a mutually agreed date or a full refund of all sums paid, with no additional compensation being claimable.

• Cancellation notified more than seven (7) calendar days before the Service date: the sums paid are fully refunded.
• Cancellation notified between seven (7) and three (3) calendar days before the date: fifty percent (50%) of the sums paid is retained as a fixed indemnity.
• Cancellation notified less than three (3) calendar days before the date: no refund will be made and the full sums paid remain acquired by the Provider as indemnity.

Rushes (raw capture files) are transferred to the Client within twenty-four (24) to forty-eight (48) business hours following the end of the Session, via a secure download link sent by email.

The Client is solely responsible for downloading and backing up the files within five (5) business days following the download link being made available. After this period, the Provider does not guarantee that the files will remain on its servers.

Beyond seven (7) business days following availability, rushes and associated files may be permanently deleted from the Provider's servers, without notice or possibility of recovery, unless an explicit written request for extended storage is sent to the Provider before this deadline expires. Extended storage may be subject to additional billing.

For packages including an editing service, the number of revision rounds is strictly defined in the Quote or in the booked package description (e.g.: two revision rounds maximum per video).

Client feedback must be grouped, consolidated and transmitted in writing (email) within the deadline indicated by the Provider after each version is sent. This deadline is specified in the Quote or, failing that, set at five (5) business days.

Beyond the included number of revision rounds, or in the case of fragmented, unconsolidated or late feedback, any additional revision round will be billed at the prevailing rate, communicated to the Client before work commences.

The Provider undertakes to deliver editing versions within reasonable timelines, communicated to the Client. Delivery timelines are indicative and do not constitute a firm commitment, unless otherwise stated in the Quote.

All elements created by the Provider in connection with the Service (creative concepts, audiovisual productions, graphic design, edits, mixes) remain the Provider's exclusive intellectual property until full payment of the agreed price.

The transfer of exploitation rights to the Client takes effect automatically upon full and effective receipt of all sums due. This transfer covers the rights of reproduction and representation of the Deliverables, worldwide and for the legal duration of copyright protection, within the scope of use defined in the Quote or in the Online Booking summary.

Any use of the Deliverables exceeding the initially agreed scope of exploitation (media, territories, duration, purpose) must be subject to the Provider's prior written agreement and may give rise to additional remuneration.

The Client warrants that they hold all necessary rights, authorizations and licenses for the content, elements, trademarks, music and images used or recorded during the Session, including the image rights of all persons appearing in the content. The Client undertakes to obtain, prior to the Session, the written image rights authorizations of any person filmed or photographed in the Provider's studios, in accordance with Article 9 of the French Civil Code and Article 226-1 of the French Criminal Code.

The Provider retains the right to cite and reproduce the completed project as a commercial reference and for the promotion of its business (portfolio, website, social media, commercial presentations), unless a confidentiality clause is expressly agreed between the parties in writing before the start of the Service. After the Service has been performed, the Client may request the removal of already published content by written notification to hello@creativgen.com. The Provider will proceed with removal within a reasonable period of thirty (30) days.

Each party undertakes to treat as confidential all technical, commercial, financial or strategic information of which it becomes aware during the performance of the contract, and not to disclose such information to third parties without the prior written consent of the other party.

This confidentiality obligation remains in force throughout the contractual relationship and for a period of two (2) years after its termination, regardless of the cause.

The Provider declares that it holds professional liability insurance covering damages that may occur in the course of its business. The Client is encouraged to take out their own insurance to cover damages they may cause to the Provider's property or to third parties, as well as damages that may affect their own belongings (personal equipment, storage media, etc.).

The Provider's liability is strictly limited to direct and foreseeable damages resulting from a proven breach of its contractual obligations. In any event, the Provider's total liability, for all causes combined, is expressly capped at the total amount incl. VAT actually received for the Service in question.

The Provider shall not be held liable for indirect damages, such as loss of revenue, loss of customers, loss of business, reputational harm or data loss, even if the Provider has been informed of the possibility of such damages.

The Provider's liability shall under no circumstances be engaged in the event of: force majeure as defined in the "Force majeure" section of these T&Cs; failure, delay or breach attributable to the Client or a third party; non-conformity of elements or content provided by the Client; use of the Deliverables in conditions inconsistent with their intended purpose.

The Provider also disclaims all liability in the event of:

• Loss, alteration or destruction of data resulting from mishandling by the Client or Occupants, or from the Client's failure to back up within the specified timeframes;
• Defamatory, illegal, infringing or non-compliant content recorded by the Client under their sole responsibility;
• Damage to personal equipment belonging to the Client or Occupants brought onto the premises;
• Loss, theft or deterioration of Occupants' personal belongings on the Provider's premises;
• Technical failure beyond the Provider's control (power outage, network failure, unforeseeable equipment malfunction), subject to offering a free rescheduling of the Session.

Neither party shall be held liable for the total or partial non-performance of its obligations if such non-performance is caused by an event constituting force majeure within the meaning of Article 1218 of the French Civil Code, including but not limited to: natural disaster, fire, flood, pandemic, epidemic, general strike, interruption of telecommunications or energy supply, governmental or administrative decision rendering the performance of the Service impossible.

The party invoking force majeure must notify the other party as soon as possible in writing, providing all necessary supporting evidence. The parties' obligations are suspended for the duration of the force majeure event. If the event continues beyond thirty (30) days, either party may terminate the contract by operation of law, without indemnity, by written notification to the other party.

Personal data collected within the framework of the commercial relationship is processed by Fantasmagorie Agency, as data controller, in accordance with Regulation (EU) 2016/679 on data protection (GDPR) and French Law No. 78-17 of 6 January 1978 as amended ("Data Protection Act").

The data collected (identity, contact details, billing data) is necessary for booking management, Service performance, invoicing and, subject to the Client's consent, sending commercial communications. It is under no circumstances sold or transmitted to third parties for commercial purposes without the Client's prior express consent.

Data is retained for the duration of the contractual relationship, then for the applicable legal retention period (including accounting and tax obligations).

In accordance with applicable regulations, the Client has the following rights over their personal data: right of access, rectification, erasure, restriction of processing, portability and objection. These rights may be exercised by email at: hello@creativgen.com. In the event of an unresolved complaint, the Client may lodge a complaint with the French Data Protection Authority (CNIL).

In the event of a dispute relating to these T&Cs, the Client is informed that they may use a consumer mediator free of charge under the conditions set out in Articles L. 611-1 et seq. of the French Consumer Code. The Provider will communicate the details of the competent mediator upon simple request sent to hello@creativgen.com.

The Client may also use the European Online Dispute Resolution platform accessible at: https://ec.europa.eu/consumers/odr.

These T&Cs are exclusively governed by French law, both as to substantive and procedural rules.

In the event of a dispute relating to the formation, interpretation, performance or termination of these T&Cs, the parties undertake to seek an amicable solution before any legal proceedings. Failing amicable agreement within thirty (30) days of written notification of the dispute, the matter shall fall under the exclusive jurisdiction of the competent courts of Paris, including in summary proceedings, warranty claims or cases involving multiple defendants.

If any provision of these T&Cs is declared null or unenforceable by virtue of a legal or regulatory provision or a final court decision, it shall be deemed unwritten without affecting the validity of the other provisions, which shall remain in full force and effect.

The Provider's failure to exercise, at any given time, any of the prerogatives afforded to it under these T&Cs shall in no way be construed as a waiver of the right to assert such prerogatives at a later date.

These T&Cs constitute the entire agreement between the parties with respect to their subject matter. They supersede and replace any prior oral or written commitment relating to the same subject matter. The Provider reserves the right to modify these T&Cs at any time; the applicable T&Cs are those in force on the date of the order.

These T&Cs and exchanges between the parties by electronic means (email, online platform) have the same evidentiary value as a written document on paper, in accordance with Articles 1365 et seq. of the French Civil Code.